Resolution No. 09-08 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
SOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF TIGARD TO SELL THE CANTERBURY SURPLUS
PROPERTY
WHEREAS, in accordance with: (i) (JHS Chapter 190, (ii) the agreement with and resolutions of the City of
King City, City of Durhan-, and the Tigard Water District, and (iii) Resolution No.08-68, rhe City of Tigard:
("City") declared the real property described in Exhibit A attached hereto (the"Canterbury Surplus Property")
as surplus;and
WHEREAS, on February 5, 2009, the City published a notice of public heating for the sale of the Canterbury
Surplus Property;and
WHEREAS, on February 10, 2009, the City held a public hearing for the sale of the Canterbury Surplus
Property;and
WHEREAS, the Tigard City Council finds- that it is in the public interest to sell the Canterbury Surplus
Property, subject to certain minimum acceptable terms;and
WHERE-AS, the City desires to authorize the City Manager to undertake all tasks necessary in connection with
the completion of the sale of the Canterbury Surplus Property.
NOW,THEREFORE,BE IT RESOLVE,D by the Tigard City Council that;
SECTION 1; The Canterbury Surplus Property shall be sold according to the procedures set forth in
Section 3.44.015 of the Tigard Municipal Code ("TMC"), subject to the mini urn acceptable
terms set forth in Section 3,below.
SECTION 2: Pursuant to TMC 3.44.015 F, City is required to publish a public notice soliciting sealed bids
for the purchase of the Canterbury Surplus Property. Therefore, on or before February 19,
2009, the City Manager shall publish a public notice in the form attached hereto as Exhibit B.
The bid deadline shall be 9;30 a.m. on Match 5, 2009. The bids shall be opened
immediately after the deadline has passed. City may exercise its right of first refusal.
SECTION 3: The minimum.acceptable'terms for the sale of the Canterbury Surplus Property shall be;
A. The ttue and actual consideration for the conveyance shall be not less than$605,000.00.
B. Buyer accepts the Canterbury Surplus Property "AS IS" and " ITH ALL FAULTS
AND DEFECTS."
C. Sellers matte no warranties or representations of any kind, including but not limited to
warranties or representations of the condition of the Canterbury Surplus Property.
D. This conveyance is made on the condition that the Canterbury Surplus Property shall be
used solely for open space,a developed or undeveloped park.,or other municipal purpose.
Tile deed conveying the Canterbury Sirtplzs Property shall contain an appropriate
restriction.
RESOLUTION NO. 09 - C)
Page 1
E. The deed conveying the Canterbury Surplus Property shall reserve not less than a fifty-
foot (50) by fifty-foot (50) easement for future water system use in the southeast coiner
of such property,generally as depicted in the map attached hereto as Exhibit C.
F. Tlie conveyance shall be subject to that certain Lease Agreement dated April 10, 1979,
between the Tigard Water District, as landlord, and the Tigard Area Historical and
Preservation Association, as tenant. Such lease may be assigned witl-in one year of
closing,
G. The deed conveying the Canterbury Surplus Property shall reserve a conservation
easement,generally as depicted in the map attached hereto as Exhibit C,such easement to
be limited to the sole use and maintenance of the historical John Tigard House and no
other purpose, for so long as such lease is in effect.
H. The City of Tigard has an existing right of fust refusal to purchase the Canterbury Surplus
Property.
SECTION 4: The City Manager is authorized to undertake all tasks necessary in connection with the
completion of the sale of the Canterbury Surplus Property, including executing the deed and
any ancillary closing documents and collecting the purchase price.
SECTION 5: This resolution is effective immediately upon passage.
PASSED: This /001- day of )V,t—2009
Mayor eCity of Tigard
ATTEST:
—f-t;—Ut'C"&
� OJL
City Recorder-City of Tigard
Exhibit A—Legal Description of the Canterbury Surplus Property
Exhibit B—Public Notice of Sealed Bid Solicitation
Exhibit C—Map of Future Water System Easement and Conservation Easement
RESOLUTION NO.09 -
Page 2
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,,,Elll�3ft A .
April 7, 2008 _..
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 1 WEST OF THE WILLAMETTE MERIDIAN,, CITY OF TIGARD,
WASHINGTON COUNTY, STATE OF OREGON,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN
RIC SON DONATION LAND CLAIM NO. 44,BEING IN ISI SAID SECTION 11,
SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF
S.W. M RDOCK STREET, THENCE NORTH 38°41'37"EAST 25.57 FEET TO A
POINT THAT IS 20.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST
ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11
SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. MUR.DOCK
STREET, SAID POINT BEING THE TRUE POINT OF BEGIN G;
THENCE NORTH 01°1&'07"EAST LEAVING THE NORTH RIGHT-OF-WAY LINE
OF SAID S.W.MURDOCK STREET PARALLEL WITH AND 20.00 FEET EAST OF
SAID SECTION LINE A DISTANCE OF 93.02 FEET;THENCE SOU 89°50'49"
EAST A DISTANCE OF 247.22 FEET; THENCE NORTH 01'19'00"EAST A
DISTANCE OF 239.79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF
LAND DESCRI13ED IN FEE NUMBER 2005-144029 RECORDED NOVEMBER 11,
2005;THENCE NORTH 89°37'51"EAST ALONG THE SOUTH LIME OF SAID FEE
NUMBER 2005-144029 A DISTANCE OF 136.66 FEET TO THE SOUTHEAST
CORNER OF SAID,FEE NUM13ER 2005-14402:9, THENCENORTH 01'19'00"EAST
ALONG THE EAST LINE OF SAID FEE NUMBER 2005-144029 TO THE
NORTHEAST CORNER OF SAID FEE NUMBER 2005144029, SAID NORTHEAST
CORNER BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY
L NCE FORTH 8 °3751"EAST ALONG SAID SOUTH RIGHT-OF-WAY
LINE OF S.W. CANTERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT
ON''THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD.AVENUE;THENCE
SOUTH 01019'00"WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.W. 103
RD.AVENUE A.DISTANCE OF 458.64 FEET TO A POINT ON THE NORHT
RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 89°50'49
WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET
TO THE TRUE POINTOF BEGINNING, CONTAR41NG 133,309 SQ. FT., 3.06
ACRES MORE OR LESS.
9755 5W Barnes Road,Suite 300 • Portland, OR 97225 • T 503.626.0455 F 503.526.0775 • www.whpacific.com
wHpdc-ff it
SUBJECT TO A 12.00 FEET EASEMENT ALONG THE SOUTH RIGHT-OF-WAY
LIME OF S.W. CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007-
072292 RECORDED JUNE 29, 2007 WASHINGTON COUNTY RECORDS.
REGISTERED
PROFESSIONAL
LACED SURVEYOR
OREGON
JULY25,1990
CHARLES L.WILEY
2474`
SIGNED: "7/19tzoo
EXP:'6/30/21710
CExhibit 1:3
PLEASE PIACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE
SECTION OF TIGARD TIMES, THE FOLLOWING:
PUBLIC NOTICE OF SEALED BID SOLICITATION:
Pursuant to an intergovernmental agreement with that City of King City, City of Durham and the Tigard Water District,
the City of Tigard,Oregon, is soliciting sealed bids for the purchase of a 3.06-acre surplus real property,depicted as the
"Canterbury Surplus Property"on the attached map.The property is located at 10310 SW Canterbury Lane,Tigard,Oregon.
The real property is more particularly described as follows:
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,STATE OF OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO
44, BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-CIF-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 OF THE
WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11,
SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, SAID POINT BEING THE
TRUE POINT OF BEGINNING;
THENCE NORTH 01°16'07"EAST LEAVING THE NORTH RIGHT-OF-WAY LINE 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; THENCE NORTH 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°37'51"EAST ALONG T14E'`SOUTH LINE OF SAID FEE NUMBER'2005-
144029 A DISTANCE OF 136.66 FEET TO THE SOUTHEAST CORNER OF SAID FEE NUMBER,2005-144029; T14ENCE
NORTH 0199'00"EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2005-144029 TO THE NORTHEAST
CORNER OF SAID FEE NUMBER 2005-144029, SAID NORTHEAST CORNER BEING ON THE SOUTH RIGHT-017-
WAY LINE OF S.W.CANTERBURY LANE;THENCE NORTH 89°3`7'51"EAST ALONG SAID SOUTH RIGHT-OF-WAY
LIME OF S.W.CANTERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT ON THE WEST RIGHT-OF-WAY
LINE OF S.W. 103 RD.AVENUE;THENCE SOUTH 01°19'00"WEST ALONG THE WEST RIGHT-OF-WAY LINE OF
S.W. 103 RD. AVENUE A DISTANCE OF 458.64 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF S.W.
MURDOCK STREET;THENCE NORTH 89°50'49 WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF S.W.
MURDOCK STREET TO THE TRUE POINT OF BEGINNING,CONTAINING 133,.309 SQ. FT.,3.06 ACRES MORE OR
LESS.
SUBJECT TO A 12.00 FEET EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE
A5 DESCRIBED IN FEE NUMBER 2007-072292 RECORDED JUNE 29, 2007 WASHINGTON COUNTY RECORDS.
The Minimum Acceptable Terms of sale are as follows;
1.The true and actual consideration for this conveyance shall be not less than$605,00000.
2. Buyer accepts the real property"AS IS"and"WITH ALL FAULTS AND DEFECTS."
3. Sellers make no warranties or representations of any kind, including but not limited to warranties or
representations of the condition of the real property.
4. This conveyance is made on the condition that the property shall be used (subject to the matters below) solely
for open space, a developed or undeveloped park, or other municipal purpose. The deed conveying the
property shall contain an appropriate restriction.
5.The City of Tigard has an existing right of first refusal to purchase the real property.
6. The deed conveying the real property shall reserve not less than a fifty-foot(50') by fifty-foot(50') easement
for future water system use in the southeast comer of such real property.
30014-36792.003 Canterbury Bid Sofidl rtiair Ad.doc1C11127
7.The conveyance shall be subject to that certain Lease Agreement dated April 10, 1979, between the Tigard Water
District, as landlord,and the Tigard Area Historical and Preservation Association,as tenant. Such lease may be
assigned within one year of closing.
8. The deed conveying the Canterbury Surplus Property shall reserve a conservation easement for the area
covered by the above-referenced lease, such easement to be limited to the sale use and maintenance of the
historical John Tigard House and no other purpose,for so long as such lease is in effect.
The person designated to receive bids is Greer Gaston, Executive Assistant for Public Works, City of Tigard, 13125 S
Mall Blvd., Tigard, Oregon 97223.
In order to be considered,the bid must be must be in writing,conform to the Minimum Acceptable Terms described
above, and be delivered to Ms.Gaston in a sealed envelope marked on the outside with the words,"Bid on Canterbury Surplus
Property,"to the City of Tigard-Information Desk, 13125 SW Hall Blvd., Tigard, Oregon 97223, on or before 9:30 a.m.on
March 5,2009. Bids received after this date and time will not opened,however,the City may exercise its right of first refusal.
The Bids will be publicly opened and read in the City of Tigard Town Hall immediately after the deadline has passed on
the day the bids are due.
Date of publication; February 19,2009.
Bate bids due. No earlier than 14 days thereafter.
THE ATTACHED MAP IS TO BE PUBLISHED WITH THIS NEWSPAPER PUBLICATION.
TT PUBLISH BATE: February 19,2009
50011-31792.003 Canterbury Bidsolicitation AddoctG11127
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Exhibit C
SW CANTERBURY LANE.
INN S89-3 7'51"W S 89*3751" - 298.16'
I lld=N 893751" E 141.49',,
1,36-ff.:ffEA -N-22Q-L-QV2-VU
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N;9*37'51"E 247,58'
FUTURE
14 CONSERVATION
LOT 5 TIGARDIJILLE, HEIG-HTS cli EASEMENT
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PARCEL
89,520 SQ.1 FT N893751 E 136,66'
2.06 ACRES
zzc
N 89 3748 E 247.44- od
—— --—— —— — — — — —— —
OLD PROPERTY LINE
TRANSFER PARCEL 0;rs
co
LOT 6 TlGh't-,DVll-JE' HEYATI'S
48,698 SQ. FT e
i4l C)
1.12 ACRES
ma PARCEL 2
0:40 133,309 SO. FT
cd
WEST LINE OF rn
SW 114 OF NW 3.06 ACRES
114 OF cy) I
SECTION 11 1- 1
- - - - - - - - - - - ---- - ---- - - -
S89*50'49*E 247.22' 171120'—
iy NEW PROPERTY LINE LOT T TICrKRDIVILLE, TITEIGI-IT.13 ---- 20�
77JRE
FV vim
WA Ifl?
iEASMENT
17
N89'50'49 I w 525.23'
NW COR
DLC f44 SW MURDOCK STREET
k"
SCALE
0 50 100 200
N Mimi
FEET
1 INCH = 100 FT
DESIGNED BY: GLV CHECKED BY. Gpc CITY OF TIGARD
DRAW BY. APPROVED BY.,
PROPERTY LINE ADJUSTMENT
& LAST EDM 04 08 PLOT DATE: 4.09.08
DATE BY REM REWSION CKDWPR PARCELS 1 , 2, AND
TRANSFER PARCEL
0--mm wmo z wAsHiqrTw OR
SCALE: FILE NAME.-
ll"--lool -SURV-EX00 SHEET
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