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Resolution No. 08-68 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL SOLUTION NO. 08- A RESOLUTION TO AUTHORIZE THE CITY OF TI ARD TO DECLARE AS SURPLUS A PORTION OF THE CANTERBURY PROPERTY WHEREAS,the City of Tigard,the City of Durham,Ding City and the Tigard Water District each have representative members on that certain Intergovernmental Water Board C' '�,pursuant to an Intergovernmental Agreement,as may be amended from time to time;and WHEREAS,the IWB member jurisdictions own certain real property as tenants-in-common,including the property located on Canterbury Lane,Tigard,Oregon,which property is more fully described in that certain Tenancy in Common Agreement between the members of the IWB dated June 25, 2007 C Canterbury TIC") and WHEREAS,a portion of such property;commonly known as the"Canterbury Surplus Property"and described more fully below,is not being used for water system operations;and WHEREAS,the City of Tigard{"City")desires to sell its interest in the Canterbury Surplus Property;and. WHEREAS,the Canterbury TIC provides that any sale of the property described:therein is subject to the City of Tigard's right of first refusal,and WHETS,pursuant to Chapter 190 of the Oregon Revised Statutes CORS'), the other members of the Canterbury TIC desire to authorize the City of Tigard to convey the entire Canterbury Surplus Property according to the procedures set forth in the City of Tigard's municipal code for surplus property,and the City of Tigard's resolution authorizing,its agreement to sell the Canterbury Surplus Property will memorialize the agreement between the other members of the Canterbury TIC and the City of Tigard regarding this sale;and WHERE ,City desires to authorize its representative to the IWB to vote in favor of recommending that the City of Tigard declare the entire Canterbury Surplus Property surplus and sell taeentire Canterbury Surplus Property as surplus property according to the procedures set forty in the City of Tigard's municipal code. NOW,THE,REFORE,BE IT RESOLVED by the Tigard City Council tints SECTION 1 City declares the Canterbury Surplus Property, which property is described in Exhibit A attached hereto,surplus property. SECTION 2: The sale of the Canterbury Stu-plus Property shall be subject to the restrictions set forth in Section 3 of Intergovernmental Water Board Resolution 07-02, dated April 11, 200T SECTION 3 The deed conveying the Canterbury Surplus Property`must restrict the use of the Canterbury Surplus Property to use as'a public park. SECTION 4: City confirms and acknowledges that pursuant to ORS Chapter 190, this resolution will memorialize the agreement between the City and die other tenant-in-common owners regarding the sale of the Canterbury Surplus Property. RESOLUTION NO.08- Page 1 SECTION 5: City authorizes its representative to the Intergovernmental Water Board to vote in favor of recommending that the City of Tigard declare the Canterbury Surplus Property surplus and sell the Canterbury Surplus Property as surplus property according to the procedures set forth in the City of Tigard's municipal code. SECTION 6- If there is an affirmative vote by the Intergovernmental Water Board regarding the sale of the Canterbury Surplus Property, the City's staff is authorized to schedule a public hearing and publish a notice of public hearing for the sale of surplus property according to the requirements of the City of Tigard municipal code. SECTION 7: Upon receipt of the signed Tenancy in Common Agreement Memorandum, City authorizes the City Manager to send the letter exercising the City's tight of first refusal. SECTION 8: This resolution is effecdve immediately upon passage. PASSED: This day of 2008. Mayor 6ty of Tigard— ATTEST: City Recorder-City of Tigard Exhibit A–Canterbury Surplus Property RESOLUTION NO. 08 - Page 2 EXHIBIT A CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER.OF THE NORTHWEST ONE QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE I WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, NATE OF OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORT14WEST CORNER OF THE SOLOMAN RIC14ARDSON DONATION LAND CLAIM NO:44,BEING IN SAID SECTION 11, SAID POINT BEING ON TIME CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET,THENCE NORTH 38"41'37"EAST 25.57 FEET TO A POINT THAT IS 20.00 FEET EAST OFTHE HE WEST LIFE OF THE SOUTHWEST ONE QUARTER.OF THE NORTHWEST ONE QUARTER.OF SAID SECTION 11, SAID POINT BEING ON TIME SOUTH RIGHT-OF-WAS'LINE OF S.W. MURDOCK STREET, SAID POINT BEING THE TRUE POINT OF BEG IN THENCE NORTH 01'"10'07" LAST LEAVING THE NORTH RIGHT-OF-WAY LII OF SAID S.W. MURDOCK STREET PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION"LINE A DISTANCE OF 93.02 FEET,THENCE SOUTH 89050'49" EAST A DISTANCE OF 247.22 FEET;THENCENORI'H 01°19'00" EAST A DISTANCE OF 239.79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER,2005-144029 RECORDED NOVEMBER 11, 2005; THENCE NORTH 89°3751"EAST ALONG THE SOUTH LIME OF SAID FEL NUMBER.2005-144029 A, DISTANCE QIP 130.66 FEET TO THE SOUTHEAST CORNER,OF SAID FEE I*FUMBER 20054440297 THE',NCE NORTH,01'19'00"EAST ALONG THE EAST LIVE OF SAID FEE NUMBER.200.5-144029 TO TIII NORTHEAST CORNER OF SAID FEL,NUMBER 2005-144029, SAID NORTHEAST CORNED BEING., ON TEE St;UT°H RIGHT-OF-WAY LIFE OF S.W. CANTERBURY LANE,TH13 C E NORTH 89°3751" EAST ALONG SAID SOUTH RIGHT-OF-WAY LIME OF S.W. CANTERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT ONTHR WESTRIGHT-OF-WAY L;E OF S.W, 103 R.U. AVENUE; THENCE SOUTH 01.19'00" WEST ALONG THE WEST RIGHT-OF-WAX LINE OF S.W. 103 R.D. AVENUE A,DISTANCE' OF 4%64 FEET TO A POINT ON THE NORHT° RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 9°50'49 WEST°ALCII`xTC7'1 HE PrJORT14 RIGHT-OF-WAY LINE OF S.W. MIJRDOCK STREET TO TI II TRUE POINT OF BEGINNING,CONTAINING 133,309 SCS. Fr., 3.06 ACRES MORE OR DESS. EXHIBIT A SUBJECT TO A 12.00 FEET EASEMENT ALONG THE SOUTH RIGHT-GF-WAY" LINE OF S.W. CANTERBURY LADE AS DESCRIBED IN FEE`I NUMBER ER 2007- 072292 RECORDED JUNE 29,2007 WAS HI1 GTON COUNTY RECORDS, I' REGISTERED PROFESSIONAL LAND SURVEYOR I' OREGON .. .: JUU1.Y 7.9,100 CHARLES L.WILEY 22474' SIGNED: '7/i53(Zcr)b EXP:6/30/2010 r �r EXHIBIT A W CANTERBURY LANE S69 37'51'°w_ _ 893751' w 298.16' N 893751" E 141.49` N8737'51"E 247.58' `6 FUTURE cit CQNSERVA7It7N LOT 5 TlGARDVil,fli,, i�il��it',HTS EASEMENT �` ' PARCEL, 1 2- 89,.520 SGS, FT N89J751 E 2.06 ACRES Ito t l h1 89'37'48""E�247.44' — .— —... — —— ..._. ——_...._._.— - -OLJ. PROPERTY LINE _ _ — � 0 Ma a" Q cra ;5 TRANSFER PARCEL LOT 6 TIGAROVILTY, 1~iRtCHTS 48,698 SO. FT 1.12 ACRES CO PARCEL 2 u as = 133,309 So, FT WEST 114 IN ENW C � ^' � 3.06 ACRES 114 OF SECTION 11 7 589"50'49"E 247.22' N201 NEW PROPERTY LINE I 20�LOT 7 T1CA,RDVILLE HEIGRT5 cn f W6�E 1 WAM? q EASMENT NOZZ 1 89 50'49"W 5.25.23' t�'W CC?!?` 1 DLC #44 SW IItJI:_ RDOCK STREET SCALE 0 50 100 200 { FEET 1 INCH = 100 FT ° arsicmm By, cir CHMEO B)" GPC CITY OF TI ARI tAST IT. , ,+.f'ARtDA DY;__M_ PROPERTY LINE ADJUSTMENT e+sr eorr: 04 r rsa a�c,r Dare: a.&OB ��,� i3Y e REWSION4ppaPARCELS 1 , 2, AN sr me u . TRANSFER PARCEL_ ft�d 77G:�7tD We1SH1NGTY?.'d Ak c€ c SCAM PROXCT NO SHEET f "+ 1"=rCtt7' 34251 3261-5lJRV-1 kt?C1 r