Resolution No. 13-09 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 13-Gq
A RESOLUTION DECLARING THE NEED TO ACQUIRE A RIGHT OF WAY AND
EASEMENTS ON PROPERTY FOR THE PURPOSE OF CONSTRUCTING STREET
IMPROVEMENTS ALONG 92ND AVENUE AND AUTHORIZING IMMEDIATE
POSSESSION OF THE PROPERTY
WHEREAS,the City Charter grants the City of Tigard ("City") the authority to acquire land for public
purposes;and
WHEREAS, the City is authorized by ORS 223.005 et seq. and ORS 35.015 et seq. to purchase,
acquire, take, use, enter upon and appropriate land and property within or without its corporate limits
for the purpose provided in those statutes;and
WHEREAS, the construction of the 92"d Avenue Sidewalk (Waverley Drive to Cook Park)(the
"Project") is an approved capital improvement project identified in the City of Tigard Transportation
System Plan and Capitallmpmtement Plan,and
WHEREAS, the City needs to construct the Project for the health, safety, benefit, and general welfare
of the public by addressing traffic and pedestrian flow and safety issues in the area;and
WHEREAS, the City needs to acquire an interest in the Property (as defined below) on which to
construct and maintain the needed street improvements that are part of the Project (including
sidewalks,drainage systems,utilities,street-related easements,and other aspects of the Project);and
WHEREAS, immediate possession of the Property is necessary in order to complete the Project in a
timely and efficient matter;and
WHEREAS, to allow for acquisition of the Property in a timely and efficient manner, a resolution of
necessity is necessary to allow the City to take all measures necessary to acquire the Property,including
the exercise of eminent domain,if needed.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City hereby finds and declares that certain property located in the City of Tigard,
Washington County, Oregon is immediately needed and required for the Project,
which includes construction, operation, maintenance, repair, and improvement of
92nd Avenue. The property on which the City needs to acquire right of way and a
easements is described and depicted in the attached and incorporated exhibits
(Exhibit A-1 through Exhibit D-2) (collectively,the"Property").
SECTION 2: The City hereby finds that the acquisition of the Property is necessary and is in the
public interest, and the improvements to the Property will be planned, designed,
RESOLUTION NO. 13-
Page 1
located and constructed in a manner that will be most compatible with the greatest
public benefit and the least private injury or damage.
SECTION 3: The city manager, city's agent, and the city's real estate attorney are authorized to
negotiate and enter into an agreement with the owner and other persons who have an
interest in the Property as to the compensation for right of way and casements on the
Property.
SECTION 4: In the event that no satisfactory agreement can be reached on the acquisition of right
of way and easements on the Property, the city's real estate attorney is directed and
authorized to commence and prosecute to final determination such proceedings as
may be necessary to acquire such interests in the Property, including exercise of
eminent domain,and upon the filing of such proceedings,possession of the Property
therein may be taken immediately to the extent provided by law.
SECTION 5: This resolution is effective immediately upon passage.
PASSED: This day o 013.
-City o T
oLmc�Lsidenf
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 13- Off(
Page 2
Exhibit A-1
A PORTION OF THAT TRACT OF LAND DESCRIBED IN WASHINGTON COUNTY DEED DOCUMENT NUMBER
88-40164, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 1
WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON. SAID PORTION
LYING ON THE SOUTHEASTERLY SIDE OF THE CENTERLINE OF SOUTHWEST 92ND AVENUE, COUNTY ROAD
NUMBER 2076, AS SHOWN ON THE INCLUDED EXHIBIT 'B'.
CENTERLINE OF SOUTHWEST 92ND AVENUE:
BEGINNING AT STATION 0+00, SAID POINT ALSO BEING ON THE CENTERLINE OF SOUTHWEST DURHAM
ROAD, COUNTY ROAD NUMBER 429, THENCE PARALLEL WITH AND 25.0 FEET WEST OF THE WEST LINE
OF THAT TRACT OF LAND CONVEYED TO TIGARD UNION HIGH SCHOOL BY DEED RECORDED IN BOOK 329
AT PAGE 222, WASHINGTON COUNTY DEED RECORDS, SOUTH 01°04'30" WEST 1,484.00 FEET TO THE
POINT OF CURVATURE AT STATION 14+84.0 P.C.;THENCE 217.4 FEET ALONG THE ARC OF A 409.26 FOOT
RADIUS CURVE CONCAVE WESTERLY (THE LONG CHORD OF WHICH BEARS SOUTH 16°17'30" WEST,
214.8 FEET) TO THE POINT OF TANGENCY AT STATION 17+01.4 P.T.; THENCE SOUTH 31°30'30" WEST,
111.9 FEET TO THE POINT OF CURVATURE AT STATION 18+13.2 P.C.; THENCE 213.8 FEET ALONG THE
ARC OF A 409.26 FOOT RADIUS CURVE CONCAVE EASTERLY (THE LONG CHORD OF WHICH BEARS SOUTH
16°32'45" WEST, 211.3 FEET) TO THE POINT OF TANGENCY AT STATION 20+26.8 P.T.; THENCE PARALLEL
WITH AND 25.0 FEET EAST OF THE WEST LINE OF THE JOHN SCHECKLA TRACT AND A SOUTHERLY
PROLONGATION OF SAID WEST LINE SOUTH 01°35' WEST, 712.4 FEET TO AND TERMINATING AT A
RADIUS POINT OF A 50.0 FOOT RADIUS TURN AROUND AT STATION 27+39.3.
EASEMENT AREA:
BEGINNING AT A POINT ON THE CENTERLINE OF AFORESAID SOUTHWEST 92ND AVENUE AT STATION
15+48.25; THENCE TO A POINT AT STATION 15+48.25, 30.37 FEET LEFT OF CENTERLINE; THENCE IN A
STRAIGHT LINE TO A POINT AT STATION 15+62.63, 33.11 FEET LEFT OF CENTERLINE;THENCE TO A POINT
ON AFORESAID CENTERLINE AT STATION 15+62.63.
BASIS OF BEARINGS IS WASHINGTON COUNTY ROAD FILE FOR COUNTY ROAD NUMBER 2076 FILED IN
BOOK 45 AT PAGE 343.
EXCEPTING ANY PORTION LYING OUTSIDE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 88-
40164,
F{EGISTEREp
EXCEPTING ANY PORTION LYING WITH THE PUBLIC RIGHT-OF-WAY. PROFESSIONAL-
LAND SURVEYOR
CONTAINS 26 SQUARE FEET MORE OR LESS.
l
PREPARED BY CESNW, INC. OREGON
DEC. 13,
2796 stm ease.DOC FRYAJN H.
Exhibit A-2
REGISTERED
PROFESSIONAL
LAND SURVEYOR
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OREGOtEY
DECEMBER 13
RYAN H. GO
65604
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14+84.0 P.T.
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15+62.63 DOCUMENT
_ NUMBER 88-40164
15+62.63
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DATE
NW503.968.66SS 13190 68Parkway,S 1
2-04-13
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www.cesnw.com EXHIBIT
A-2
Exhibit B-1
A PORTION OF THAT TRACT OF LAND DESCRIBED IN WASHINGTON COUNTY DEED DOCUMENT NUMBER 88-
40164, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON. SAID PORTION LYING ON THE
SOUTHEASTERLY SIDE OF THE CENTERLINE OF SOUTHWEST 92ND AVENUE, COUNTY ROAD NUMBER 2076,
AS SHOWN ON THE INCLUDED EXHIBIT'B'.
CENTERLINE OF SOUTHWEST 92ND AVENUE:
BEGINNING AT STATION 0+00, SAID POINT ALSO BEING ON THE CENTERLINE OF SOUTHWEST DURHAM
ROAD, COUNTY ROAD NUMBER 429, THENCE PARALLEL WITH AND 25.0 FEET WEST OF THE WEST LINE OF
THAT TRACT OF LAND CONVEYED TO TIGARD UNION HIGH SCHOOL BY DEED RECORDED IN BOOK 329 AT
PAGE 222, WASHINGTON COUNTY DEED RECORDS, SOUTH 01°04'30" WEST 1,484.00 FEET TO THE POINT
OF CURVATURE AT STATION 14+84.0 P.C.; THENCE 217.4 FEET ALONG THE ARC OF A 409.26 FOOT RADIUS
CURVE CONCAVE WESTERLY (THE LONG CHORD OF WHICH BEARS SOUTH 16°17'30" WEST, 214.8 FEET) TO
THE POINT OF TANGENCY AT STATION 17+01.4 P.T.; THENCE SOUTH 31°30'30" WEST, 111.9 FEET TO THE
POINT OF CURVATURE AT STATION 18+13.2 P.C.; THENCE 213.8 FEET ALONG THE ARC OF A 409.26 FOOT
RADIUS CURVE CONCAVE EASTERLY (THE LONG CHORD OF WHICH BEARS SOUTH 16°32'45" WEST, 211.3
FEET) TO THE POINT OF TANGENCY AT STATION 20+26.8 P.T.; THENCE PARALLEL WITH AND 25.0 FEET EAST
OF THE WEST LINE OF THE JOHN SCHECKLA TRACT AND A SOUTHERLY PROLONGATION OF SAID WEST LINE
SOUTH 01°35' WEST, 712.4 FEET TO AND TERMINATING AT A RADIUS POINT OF A 50.0 FOOT RADIUS TURN
AROUND AT STATION 27+39.3.
EASEMENT AREA:
BEGINNING AT A POINT ON THE CENTERLINE OF AFORESAID SOUTHWEST 92ND AVENUE AT STATION
15+90.2 THENCE TO A POINT AT STATION 15+90.2, 40.00 FEET LEFT OF CENTERLINE; THENCE ALONG A LINE
PARALLEL WITH AND 40.00 FEET SOUTHEASTERLY OF SAID CENTERLINE TO A POINT AT STATION
18+13.2P.C., 40.00 FEET LEFT OF CENTERLINE; THENCE TO A POINT ON SAID CENTERLINE AT STATION
18+13.2P.C..
BASIS OF BEARINGS IS WASHINGTON COUNTY ROAD FILE FOR COUNTY ROAD NUMBER 2076 FILED IN BOOK
45 AT PAGE 343.
EXCEPTING ANY PORTION LYING OUTSIDE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 88-40164.
EXCEPTING ANY PORTION LYING WITH THE PUBLIC RIGHT-OF-WAY. REGISTERED
PROFESSIONAL
CONTAINS 2,326 SQUARE FEET MORE OR LESS. LAND SURVEYOR
PREPARED BY CESNW, INC. OREGON
DEC. 13,2W
2796 TCE north.DOC RYAN H.
rMOW. 6 /3 "`1
Exhibit B-2
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REGISTERED
PROFESSIONAL O�jVF
LAND SURVEYOR
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DECEMBER 13, 2007 J
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DOCUMENT NUMBER
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Exhibit C-1
A PORTION OF THAT TRACT OF LAND DESCRIBED IN WASHINGTON COUNTY DEED DOCUMENT NUMBER 88-
40164, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON. SAID PORTION LYING ON THE
SOUTHEASTERLY SIDE OF THE CENTERLINE OF SOUTHWEST 92ND AVENUE, COUNTY ROAD NUMBER 2076,
AS SHOWN ON THE INCLUDED EXHIBIT'B'.
CENTERLINE OF SOUTHWEST 92ND AVENUE:
BEGINNING AT STATION 0+00, SAID POINT ALSO BEING ON THE CENTERLINE OF SOUTHWEST DURHAM
ROAD, COUNTY ROAD NUMBER 429, THENCE PARALLEL WITH AND 25.0 FEET WEST OF THE WEST LINE OF
THAT TRACT OF LAND CONVEYED TO TIGARD UNION HIGH SCHOOL BY DEED RECORDED IN BOOK 329 AT
PAGE 222, WASHINGTON COUNTY DEED RECORDS, SOUTH 01°04'30" WEST 1,484.00 FEET TO THE POINT
OF CURVATURE AT STATION 14+84.0 P.C.; THENCE 217.4 FEET ALONG THE ARC OF A 409.26 FOOT RADIUS
CURVE CONCAVE WESTERLY (THE LONG CHORD OF WHICH BEARS SOUTH 16°17'30" WEST, 214.8 FEET) TO
THE POINT OF TANGENCY AT STATION 17+01.4 P.T.; THENCE SOUTH 31°30'30" WEST, 111.9 FEET TO THE
POINT OF CURVATURE AT STATION 18+13.2 P.C.; THENCE 213.8 FEET ALONG THE ARC OF A 409.26 FOOT
RADIUS CURVE CONCAVE EASTERLY (THE LONG CHORD OF WHICH BEARS SOUTH 16°32'45" WEST, 211.3
FEET) TO THE POINT OF TANGENCY AT STATION 20+26.8 P.T.;THENCE PARALLEL WITH AND 25.0 FEET EAST
OF THE WEST LINE OF THE JOHN SCHECKLA TRACT AND A SOUTHERLY PROLONGATION OF SAID WEST LINE
SOUTH 01°35' WEST, 712.4 FEET TO AND TERMINATING AT A RADIUS POINT OF A 50.0 FOOT RADIUS TURN
AROUND AT STATION 27+39.3.
EASEMENT AREA:
BEGINNING AT A POINT ON THE CENTERLINE OF AFORESAID SOUTHWEST 92ND AVENUE AT STATION
18+13.2P.C.; THENCE TO A POINT AT STATION 18+13.2P.C, 40.00 FEET LEFT OF CENTERLINE; THENCE
ALONG A LINE PARALLEL WITH AND 40.00 FEET SOUTHEASTERLY OF SAID CENTERLINE TO A POINT AT
STATION 20+01.60,40.00 FEET LEFT OF CENTERLINE; THENCE TO A POINT ON SAID CENTERLINE AT STATION
20+01.60.
BASIS OF BEARINGS IS WASHINGTON COUNTY ROAD FILE FOR COUNTY ROAD NUMBER 2076 FILED IN BOOK
45 AT PAGE 343.
EXCEPTING ANY PORTION LYING OUTSIDE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 88-40164.
EXCEPTING ANY PORTION LYING WITH THE PUBLIC RIGHT-OF-WAY. REGISTERED
PROFESSIONAL
CONTAINS 1,723 SQUARE FEET MORE OR LESS. LAND SURVEYOR
PREPARED BY CESNW, INC.
OREGON
2796 TCE south.DOC
DEC. 13,2007
RYAN H. GODBEY
_#65604
EXPIRES: G' _f�
Exhibit C-2
14+84.0
P.T.
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REGISTERED
PROFESSIONAL Rj1i�c
LAND SURVEYOR
Ala
OREGON
DECEMBER 13 7 J
RYAN H. G SEY ,tV=
65604 Q
RENEWS: 6/30/13 20
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CES A13190 rd O Parkway,S7 13 2-04 13
�gard, Oregon 97223 www.cesnw.com EXHIBIT
C-2
Exhibit D-1
A 5 FOOT WIDE STRIP OF LAND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN
WASHINGTON COUNTY DEED DOCUMENT NUMBER 88-40164, LOCATED IN THE NORTHEAST ONE-
QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF
TIGARD, WASHINGTON COUNTY, OREGON. SAID S FOOT STRIP LYING ON THE SOUTHEASTERLY SIDE OF
THE CENTERLINE OF SOUTHWEST 92ND AVENUE, COUNTY ROAD NUMBER 2076, AS SHOWN ON THE
INCLUDED EXHIBIT 'B', THE CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT STATION 0+00, SAID POINT ALSO BEING ON THE CENTERLINE OF SOUTHWEST DURHAM
ROAD, COUNTY ROAD NUMBER 429, THENCE PARALLEL WITH AND 25.0 FEET WEST OF THE WEST LINE
OF THAT TRACT OF LAND CONVEYED TO TIGARD UNION HIGH SCHOOL BY DEED RECORDED IN BOOK 329
AT PAGE 222, WASHINGTON COUNTY DEED RECORDS, SOUTH 01°04'30" WEST 1,484.00 FEET TO THE
POINT OF CURVATURE AT STATION 14+84.0 P.C.;THENCE 217.4 FEET ALONG THE ARC OF A 409.26 FOOT
RADIUS CURVE CONCAVE WESTERLY (THE LONG CHORD OF WHICH BEARS SOUTH 16°17'30" WEST,
214.8 FEET) TO THE POINT OF TANGENCY AT STATION 17+01.4 P.T.; THENCE SOUTH 31°30'30" WEST,
111.9 FEET TO THE POINT OF CURVATURE AT STATION 18+13.2 P.C.; THENCE 213.8 FEET ALONG THE
ARC OF A 409.26 FOOT RADIUS CURVE CONCAVE EASTERLY(THE LONG CHORD OF WHICH BEARS SOUTH
16°32'45" WEST, 211.3 FEET) TO THE POINT OF TANGENCY AT STATION 20+26.8 P.T.; THENCE PARALLEL
WITH AND 25.0 FEET EAST OF THE WEST LINE OF THE JOHN SCHECKLA TRACT AND A SOUTHERLY
PROLONGATION OF SAID WEST LINE SOUTH 01°35' WEST, 712.4 FEET TO AND TERMINATING AT A
RADIUS POINT OF A S0.0 FOOT RADIUS TURN AROUND AT STATION 27+39.3.
BASIS OF BEARINGS IS WASHINGTON COUNTY ROAD FILE FOR COUNTY ROAD NUMBER 2076 FILED IN
BOOK 45 AT PAGE 343.
EXCEPTING ANY PORTION LYING OUTSIDE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 88-
40164.
EXCEPTING ANY PORTION LYING WITH THE PUBLIC RIGHT-OF-WAY.
CONTAINS 1,448 SQUARE FEET MORE OR LESS.
PREPARED BY CESNW, INC. REGISTERED
PROFESSIONAL
LAND SURVEYOR
YAN H. GoDsky
Fr
OREGON
DEC. 13,2007
2796 ROW DED.DOC
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DEDICATION 1,448
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DOCUMENT NUMBER
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DATE
CES NW13190 Parkway, 1 1-22-13
Tigard,
O, Oregon 97272233
503.968.6655 www.cesnw.com EXHIBIT
D-2