Resolution No. 11-04 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 11- CJ.
A RESOLUTION APPROVING A QUITCLAIM DEED TO THE OREGON DEPARTMENT OF
TRANSPORTATION FOR RIGHT-OF-WAY ON HALL BOULEVARD PREVIOUSLY
DEDICATED TO THE CITY OF TIGARD FOR RIGHT-OF-WAY PURPOSES.
WHEREAS, the land use approval for the Knoll at Tigard project, a 48-unit affordable, senior housing
complex located at the northeast corner of the SW Hall Boulevard/SW Hunziker Street intersection,
required dedication of right-of-way along SW Hall Boulevard; and
WHEREAS,the transfer of right-of-way needs to be made to the Oregon Department of Transportation
(ODOT), the agency with jurisdiction over Hall Boulevard;and
WHEREAS, to allow for timely issuance of permits so that project funding could be secured,both ODOT
and the City agreed that dedication of the necessary frontage along Hall Boulevard to the City followed by
subsequent transfer of that property to ODOT would be sufficient for ODOT permit issuance; and
WHEREAS, the standard dedication documents executed by the City and the Knoll at Tigard,LLC, do not
transfer fee title to the City; and
WHEREAS, approval of a quitclaim deed from the City to ODOT for the dedicated right-of-way followed
by execution of a Donation Deed from the property owner transferring fee title to ODOT is acceptable to
that agency.
NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City Council hereby approves the Quitclaim Deed attached as Exhibit A and
authorizes the Mayor to execute the agreement documents,
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This 'day of A 2011.
Mayor- City of Tigar
ATTEST:
City Recorder- City of Tigard
RESOLUTION NO. 11- 6)'
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File 6007 442
Drawing 2R-1-43
Exhibit A
QUITCLAIM DEED
CITY OF TIGARD, a municipal corporation, Grantor, being the holder of an interest in the hereinafter described
property as evidenced by that certain Dedication Deed recorded April 13, 2010, in Document No. 2010-028168, Records of
Washington County, Oregon, for no monetary consideration does relinquish and forever quitclaim unto the STATE OF
OREGON, by and through its DEPARTMENT OF TRANSPORTATION, Grantee, all of Grantor's right, title, and interest in
and to the property described on Legal Description dated March 6, 2010, attached hereto and by this reference made a
part hereof.
Grantor agrees that the consideration recited herein is just compensation for the property or property rights
conveyed, including any and all damages to Grantor's remaining property, if any, which may result from the acquisition or
use of said property or property rights. However, the consideration does not include damages resulting from any use or
activity by Grantee beyond or outside of those uses expressed herein, if any, or damages arising from any negligence.
In construing this document, where the context so requires, the singular includes the plural and all grammatical
changes shall be made so that this document shall apply equally to corporations and to individuals.
SEND TAX STATEMENT TO: NO CHANGE
RETURN TO Map and Tax Lot#:
OREGON DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY SECTION Property Address:
4040 FAIRVIEW INDUSTRIAL DRIVE SE MS#2
SALEM OR 97302-1142
11612011
Page 1 of 2-QCL
mo
File 6007 442
Drawing 2R-1-43
It is understood and agreed that the delivery of this document is hereby tendered and that terms and obligations
hereof shall not become binding upon the State of Oregon Department of Transportation, unless and until accepted and
approved by the recording of this document,
Dated this day of .20
APPROVED AS TO FORM: CITY OF TIGARD,a municipal corporation
By By
City Attorney Mayor
By
City Recorder
STATE OF OREGON, County of
Dated ,20 . Personally appeared
and , who, being sworn, stated that they are the Mayor and Cf y Recorder of the
City of Tigard, Oregon, a municipal corporation, and that this instrument was voluntarily signed on behalf of said municipal
corporation by authority of its Resolution No. passed by the Council of said City on
this day of 20
Notary Public for Oregon
My Commission expires
Accepted on behalf of the Oregon Department of Transportation
11612011
Page 2 of 2-QCL
To
MARCH. 6,2010
LEGAL DESCRIPTION
HALL BOULEVARD DEDICATION
W.B. WELLS & ASSOC., INC.-.TOB NO. 08-180
A PORTION OF LOTS 3, 4, AND 5 OF THE DULY RECORDED PLAT OF "KNOLL ACRES",
WASHINGTON COUNTY PLAT RECORDS, SITUATED IN THE NORTHEAST ONE-QUARTER OF
SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3, ALSO BEING ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF SW KNOLL DRIVE AS PRESENTLY LOCATED(BEING
25.00 FEET SOUTH OF CENTERLINE WHEN MEASURED AT RIGHT ANGLES);
THENCE NORTH 83026'05" WEST, PARALLEL WITH. AND 25.00 FEET SOUTH OF THE
CENTERLINE OF SW KNOLL DRIVE, A DISTANCE OF 136.78 FEET TO A POINT THAT IS
50.00 FEET EAST OF THE CENTERLINE OF SW HALL BOULEVARD WHEN MEASURED AT
RIGHT ANGLES, AND THE TRUE POINT OF BEGINNING:
THENCE SOUTH 00°45'00" EAST, PARALLEL WITH AND 50.00 FEET EAST OF SAID
CENTERLINE OF SW HALL BOULEVARD,A DISTANCE OF 310.54 FEET TO A POINT ON THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF SW HUNZIKER STREET AS PRESENTLY
LOCATED (BEING 30.00 FEET NORTHEAST OF CENTERLINE WHEN MEASURED AT RIGHT
ANGLES);
THENCE NORTH 61°01'39" WEST,PARALLEL WITH AND 30.00 FEET NORTHEAST OF THE
CENTERLINE OF SW HUNZIKER STREET, A DISTANCE 17.27 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF SW HALL BOULEVARD AS PRESENTLY LOCATED
(BEING 35.00 FEET EASTERLY OF THE CENTERLINE OF SW HALL BOULEVARD WHEN
MEASURED AT RIGHT ANGLES);
THENCE NORTH 00°45'00" WEST, PARALLEL WITH AND 35.00 FEET EAST OF THE
CENTERLINE OF SW HALL BOULEVARD, A DISTANCE OF 303.90 FEET TO SAID
SOUTHERLY RIGHT-OF-WAY LINE OF SW KNOLL DRIVE;
THENCE SOUTH 83°26'05" EAST,PARALLEL WITH AND 25.00 FEET SOUTH OF THE
CENTERLINE OF SW KNOLL DRIVE, A DISTANCE OF 15.12 FEET TO THE TRUE POINT OF
BEGINNING;
CONTAINING 4,608 SQUARE FEET
Washington County,Oregon 2010-028168
1tE URNRC(3Rl3ED�OCUIvIEf�T TD: 04/1312010 04:38:16 PIS
CITY HALL RECORDS DEPARTIVIENT, 0-0D Cnt=1 stn=21 RECORDS1
CITY OF TIGARD �15,6a$5.00$11,00$15.00-Total=S46.ao
13125 SW Hall Blvd,
Tigard,OR 97223
CORRORAILO—i 01472347201000281680030037
i,Rluhard Hohernlcht,Director of Assessment and
Taxation and Ex-Of(cio County Clerk For Washington - - w
count bre on,do heroh cern that the avithin
��qq ryp� Y, 5 Y certify t:
114'IxIO. � ►-t� V fnstrum e nt ofwriting was received and recorded in the ij=�;
book of records of said cuu
DEDICATION DEED Riche.rd Hobera%atio icEx,Q.TiciDlrocCount Clark nt and
Br 1� %7a Taxation,Ex-D�cio County Clerk
FOR ROAD OR STREET PURPOSES
Space above reserved for-Washington Counry Recording igfbrrnation
The Knoll at Tgard LLC does hereby dedicate to the City of
' _4-
Tigard a perpetual right-of-way for street, road, and Utility purposes on, over, across, uixder, along, and within the following
described real properties in Washington County,Oregon:
Attached Exhibit"A"
The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances,they
have good and legal right to grant their right above-described,and they will pay all taxes and assessments due and owing on the
property.
The true consideration for this conveyance is$_Q..00 . However,the actual consideration consists of or includes other property
or value given or promised which is the whole consideration.
IN WITNESS WHEREOF, I hereunto set my hand on this ` day of ` ' e ` '20 1 y
The Knoll at Tigard LLC The Knoll at Tigard LLC
Name of Corporation
' By:Community Partners for Affordable Housing
Address its:Sole Member
6380 SW Capitol Highway 4151
Portland, OR 97239
Signature
Sheila Greenlaw-Fink, Its Executive Director
Tax Statement Mailing Adda-ess(rfd�erentfrotn above) Title
STATE OF OREGON }
t�tx>kvtca )ss.
County of VhtA4R-g� )
This instrument was acknowledged be ore me on rPC IZ�Z (date)by c rPl�_���
(name(s).ofperson(s))as ��N kiJ-;!_ �—� (type ofautho hy,e.g., officer,trustee,etc.)of
L\ La '� c�rr9 LLQ (name of party onbeh feho)n in ti nt s executed),
OFFICIAL SEAL Notary's Signature
KRISTEN A8801T y
NOTARY PUBLIC-OREGON My Commission Expires: �C? 1(J,2.,01\
COMMISSION NO. 422236
M1'COMWMCNI;7tMSOCT10 2011
Accepted on behalf of the City of Tigard this_._L„-_day of_ L 1 —)21114
City nginesr
MARCH 6,2010
LEGAL DESCRIPTION
HALL BOULEVARD DEDICATION
W.D.WELLS S ASSOC.,INC,-JOB NO.08-I 80
A PORTION OF LOTS 3,4,AND 5 OF THE DULY RECORDED PLAT OF"KNOLL ACRES",WASHINGTON
COUNTY PLAT RECORDS,SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2.TOWNSHIP 2
SOUTH,RANGE I WEST,WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,WASHINGTON COUNTY,
OREGON,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING-AT THE NORTHEAST CORNER OF SAID LOT 3,ALSO BEING ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SW KNOLL DRIVE AS PRESENTLY LOCATED(BEING 25,00 FEET SOUTH OF
CENTERLINE WHEN MEASURED AT FUGHT ANGLES),
THENCE NORTH 83°26'05"WEST,PARALLEL WITH.AND 25,00 FEET SOUTH OF THE CENTERLINE OF
$W KNOLL DRIVE,A DISTANCE OF 136.79 FEET TO A POINT THAT 15 50.00 FEET EAST OF THE
CENTERLTNE OF SW HALL BOULEVARD WHEN MEASURED AT RIGHT ANGLES,AND THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 00°45`00"EAST,PARALLEL WITH AND 50.00 FEET EAST OF SAID CENTERLINE OF SW
HALL BOULEVARD,A DISTANCE OF 330.54 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-
WAY LINE OF SW HUNZIKER STREET AS PRESENTLY LOCATED(BEING 30-00 FEET NORTHEAST OF
CENTERLINF,WHEN MEASURED AT RIGHT ANGLES);
THENCE NORTH 61°01'39"WEST,PARALLEL WITH AND 30.00 FEET NORTHEAST OF THE CENTERLINE
OF SW HUNZIKER STREET,A DISTANCE 17,27 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF SW HALL BOULEVARD AS PRESENTLY LOCATED(BEING 35.00 FEET EASTERLY OF THE
CENTERLINE.OF SW HALL BOULEVARD WHEN MEASURED AT RIGHT ANGLES);
NE OF
0 FEET EAST Of THE CENTERLI SW
�- HHENCE NORTIi 00045'00"WEST,ALL BOULEVARD,A DISTANCE F303.90 FEEALLEL T TO SAID AND SOUTHERLY RIGNT OF WAY LINE OF SW -
KNOLL DRIVE,
THENCE SOUTH 83'26'05"EAST,PARALLEL WITH AND 25.00 FEET SOUTH OF THE CENTERLINE OF SW
KNOLL DRIVE,A DISTANCE OF i 5.12 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 4,608 SQUARE FEET
y
SW KNOLL DR
CURRENT R_p-W o
ss3•zs'
f �J 05"E 13fi.78' N N _
1
PROPOSED - _w BY
SEPARATE DEDICATION
TRUE POINT Polar OF
f' OF BEGINNING COMMENCEMENT
NE CORNER LOT 3
50.06' 3 KNOLL ACRES
35.00,—
N
5.00'
Q .�
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In Ln,r DEDICATION AREA
tp :n ,
C3 c7' 4,508 SQUARE FEET
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RST ` �
W.B. WELLS HALL BLVD DEDICATION DRAWN BY: 58
FOR
and associates ' SCALE: 1"=50' DATE: 4-6-10
NGREM-s R�YaRs-pLar ERi THE KND�L AT TIGARD APAIZ7MENTS, LP
r ;z 423f) E FR ONT STREET
A PORTION OF LOTS 3-5, 'KNOLL ACRES SITUATED IN JOB NO: 08-180
FILE: R:\(38-180081 BO
PHONE:(50)2B4-5sssFN(543I2&i9530 THE NORTHEAST 1/4 OF SECTION 2, T25, RIM W.M., CITY dedicotions.DWG
e-mail address:info@wb4+lells.com OF TIGARD, WASONGTON COUNTY, OREGON