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Resolution No. 15-09 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 15-09 A RESOLUTION TO AMEND RESOLUTION NO. 14-46, LEGAL DESCRIPTIONS AND DEPICTIONS,AND TO DECLARE THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING STREET AND OTHER IMPROVEMENTS ALONG SW WALNUT STREET FROM 116TH AVENUE TO TIEDEMAN AVENUE AND AUTHORIZING IMMEDIATE POSSESSION OF THE PROPERTY WHEREAS, the City of Tigard Charter grants the City of Tigard C'City) authority to acquire interest in 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 purposes provided in those statutes;and WHEREAS, the construction of Walnut Street, 116`s Avenue to Tiedeman Avenue, is an approved capital improvement project identified in the City of Tigard Capital Improvement Plan(the'Project' ;and WHEREAS, the City has determined that the acquisition of rights of way and/or temporary construction easements on certain properties is necessary and will be used for the location, installation, replacement and repair of the needed city sidewalk, street improvements and a stormwater treatment and detention facility;and WHEREAS, on April 9, 2013 the City and Washington County C County' executed an Intergovernmental Agreement (IGA) whereby City has delegated authority to County, on behalf of the City, to take all necessary and appropriate actions to construct this Project for the health, safety,benefit,and general welfare of the public by addressing maintenance and flooding issues in the area, including acquisition of necessary property and property interests by eminent domain;and WHEREAS, Resolution of Necessity No.14-18 adopted on April 22, 2014, declared the need to acquire property for this Project;and WHEREAS,Resolution No. 14-46,adopted on October 28,2014,amended Resolution No. 14-18;and WHEREAS, the City Council has determined that it is in the public interest to revise the project design, and this revision changes Exhibits A and B for Property No.20 in Resolution No. 14-46;and WHEREAS,the legal descriptions and depictions for Property No. 20 have been revised accordingly. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 14-46 is hereby amended as follows: Exhibits A and B for Property No. 20 are replaced in .their entirety by the legal descriptions and depictions attached and incorporated to this resolution as Exhibits A and B for Property No.20. SECTION 2: Except as amended herein, Resolution No. 14-46 and Resolution of Necessity No. 14-18 remain in full force and effect. RESOLUTION NO. 15-09 Page 1 SECTION 3: This resolution is effective immediately upon passage. PASSED: This 24!'day of March,2015. May -City of Tigard ATTEST: A,"� j . 'a) Deputy City Recorder-City Tigard RESOLUTION NO. 15-09 Page 2 WHPacific EXHIBIT "A" S.W. Walnut Street County Road Project No.: 100187 (S.W. 116`h Ave.to Tiedeman Ave.) File No.: 020 January 13,2015 Assessors Map: 2S 103AB Parcels 1,2, 3 and 4 Tax Lot No.: 00100 PARCEL 1 (PERMANENT SLOPE AND UTILITY EASEMENT) A parcel of land lying in the Northeast one-quarter of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of land conveyed to Tigard-Tualatin School District 23J, by Statutory Bargain and Sale Deed,recorded December 10,2010 in Document No. 2010-099760, Washington County Book of Records,the said parcel also being all that portion of said property lying Southerly of a line delineated by following the below noted stations and offsets,Northerly of the centerline of realigned S.W. Walnut Street, as said centerline is described below. S.W. WALNUT STREET CENTERLINE A road centerline situated in Section 3, Township 2 South, Range 1 West, of the Willamette Meridian in Washington County, Oregon, and being more particularly described as follows: Beginning at a point on line known as Station 10+00.00 (feet)of said re-aligned S.W. Walnut Street; from Whence a 5/8" iron rod with yellow plastic cap stamped "DEA Inc." in a monument box bears South 78°25'39" West a distance of 785.68 feet, as said iron rod is shown on Survey No. 29,259 as Station 2+14.32 (feet);Thence North 78°25'39" East a distance of 939.10 feet to a Point of Curvature shown on Survey No. 29,259 as Station 19+39.10 PC (feet); Thence along a 415.00 foot radius curve to the right,through a central angle of 10°35'36", an arc distance of 76.73 feet, subtended by a chord of North 83°43'27" East a distance of 76.62 feet a Point of Tangency at Station 20+15.83 PT(feet); Thence North 89'01'15" East a distance of 1376.62 feet to a Point of Curvature shown on Survey No. 29,259 as Station 33+92.45 PC (feet); Thence along a 275.00 foot radius curve to the right,through a central angle of 49°17'05", an arc distance of 236.55 feet, subtended by a chord of South 66°20'13" East a distance of 229.32 feet to a Point of Tangency at Station 36+29.00 PT(feet); Thence South 41°41'40" East a distance of 79.91 feet to the centerline Intersection of S.W. Walnut Street and S.W. Tiedeman Street, said Intersection being shown on Survey No. 29,259 as Station 37+08.91 (feet), the Point of Termination of this description. Bearings are based upon Survey Number 29259, Washington County Survey Records. 9755 SW Barnes Road,Suite 300 • Portland,OR 97225 • T 503.626.0455 • F 503.526.0775 - www.whpacific.com PAWashington County\0376331Survey\Documents\116th&Walnut Legals\037633-V-EX20A-legal.docx WHPadfic Offset Distances Northerly of S.W. Walnut Station to Station Street Centerline 23+33.00 to 24+31.00 31.00 feet along a straight line to 3 3.5 0 feet Excepting therefrom, all that portion of said parcel lying within the permanent utility, slope, and drainage easement recorded in Document No. 2005-052005,Washington County Records and all that portion of said parcel lying within the existing right-of-way of S.W. Walnut Street. The parcel of land to which this description applies contains 216 square feet,more or less. PARCEL 2 (PERMANENT DRAINAGE EASEMENT) A parcel of land lying in the Northeast one-quarter of Section 3, Township 2 South,Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of land conveyed to Tigard-Tualatin School District 23J,by Statutory Bargain and Sale Deed,recorded December 10, 2010 in Document No. 2010-099760, Washington County Book of Records,the said parcel also being all that portion of said property lying Southerly of a line delineated by following the below noted stations and offsets,Northerly of the centerline of realigned S.W. Walnut Street, as said centerline is described below. Offset Distances Northerly of S.W. Walnut Station to Station Street Centerline 22+52.00 to 22+65.00 89.00 feet along a straight line to 130.00 feet 22+65.00 to 23+09.00 130.00 feet along a straight line to 185.00 feet 23+09.00 to 23+26.00 213.00 feet along a straight line to 226.00 feet 23+26.00 to 23+36.00 226.00 feet along a straight line to 210.00 feet 23+36.00 to 22+46.00 210.00 feet along a straight line to 193.00 feet Excepting therefrom,all that portion of land lying within the following described metes and bounds description. Beginning at a point lying 42.00 feet Northerly of the centerline of realigned S.W. Walnut Street at Station 22+46.00; Thence North 04°53'46"West, 146.34 feet;Thence North 62°26'00"West, 11.18 feet; Thence South 00°51'45"West, 15 1.00 feet to the point of beginning. Further Excepting therefrom,all that portion of said parcel lying within the permanent slope and utility easement and the permanent utility, slope and drainage easement recorded in PAWashington County\037633\5urvey\Documents\116th&Walnut Legals\037633-V-EX20A-legal.docx - r WHPac-ITC Document No. 2005-052005, Washington County Records and all that portion of said parcel lying within the existing right-of-way of S.W. Walnut Street. The parcel of land to which this description applies contains 12,187 square feet,more or less. PARCEL 3 (PERMANENT INGRESS AND EGRESS EASEMENT) A parcel of land lying in the Northeast one-quarter of Section 3,Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of land conveyed to Tigard-Tualatin School District 23J,by Statutory Bargain and Sale Deed,recorded December 10, 2010 in Document No. 2010-099760, Washington County Book of Records,the said parcel also being more particularly described below. Beginning at a point lying 35.50 feet Northerly of the centerline of realigned S.W. Walnut Street at station 26+27.00; Thence North 00°58'45" West, 115.50 feet to the beginning of a tangent 79.70 foot radius curve concave Southeasterly; Thence on said curve through a central angle of 45°39'43" (the long chord of which bears North 21'5 1'06"West, 61.85 feet)an are distance of 52.71 feet; Thence North 23°12'34"West,23.77 feet;Thence South 89°24'42"West, 147.00 feet; Thence North 00°58'45"East,46.99 feet; Thence South 89°01'36" West,29.00 feet; Thence South 46°51'20" West, 71.50 feet; Thence South 00°58'45"East,23.00 feet; Thence South 58°46'16"West,20.84 feet; Thence North 56'00'14"West;Thence South 66°38'47" West, 36.77 feet;Thence North 31°11'45"West, 19.86 feet to a point lying 210.00 feet northerly of said centerline at Station 23+36.00;Thence North 60°40'04"East, 67.04 feet; Thence North 47°27'55"East, 88.19 feet; Thence North 89°17'45"East,208.01 feet; Thence South 00°58'45" East, 102.50 feet to the beginning of a tangent 59.38 foot radius curve concave Southeasterly; Thence on said curve through a central angle of 50°51'21" (the long chord of which bears South 24°35'06"West, 51.00 feet;Thence South 00°58'45"East, 115.50 feet; Thence South 89°02'03"West,20.00 feet to the point of beginning. Excepting therefrom,the following described parcel. Beginning at a point lying 246.00 feet Northerly of said centerline at Station 25+10.00;Thence North 00°58'45" West, 39.00 feet; Thence North 89°25'07" East, 144.00 feet to a point lying 286.00 feet northerly of said centerline at Station 26+27.00; Thence South 00°58'45" East, 39.00 feet; Thence South 89025'07" West, 144.00 feet to the point of beginning. The parcel of land to which this description applies contains 15,006 square feet,more or less. PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) A parcel of land lying in the Northeast one-quarter of Section 3, Township 2 South,Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of land conveyed to Tigard-Tualatin School District 23J,by Statutory Bargain and Sale Deed,recorded December 10,2010 in Document No. 2010-099760, PAWashington County\037633\Survey\Documents\I 16th&Walnut Legals\037633-V-EX20A-legal.docx WHPacific Washington County Book of Records,the said parcel also being all that portion of said property lying Southerly of a line delineated by following the below noted stations and offsets,Northerly of the centerline of realigned S.W. Walnut Street, as said centerline is described below. Offset Distances Northerly of S.W. Walnut Station to Station Street Centerline 26+10.00 to 26+55.00 125.00 feet parallel with the centerline 26+98.00 to 27+15.00 68.00 feet parallel with the centerline Excepting therefrom,all that portion of said parcel lying within the temporary construction easement as shown on exhibit map B and the permanent utility, slope and drainage easement recorded in Document No.2005-052005, Washington County Records and all that portion of said parcel lying within the existing right-of-way of S.W. Walnut Street. The parcel of land to which this description applies contains 4,040 square feet, more or less. REGISTERED PROFESSIONAL LAND 'SjjU/fRV(E YOR J . �.i ! OREGON JULY 13, 21704 SCOTT M. GRUBBS 54728 RENEWAL: 06-30-15 PAWashington County10376331Survey\Documents1116th&Walnut Legals1037633-V-EX20A-legal.docx ^' EXHIBIT "B" — _ � Z — �' ss � � ,� 0 1 of 4 si+cZ ; li of w W N <Z) H6+9Z + t� \ rI w o F-m r- ,89 N: N 0a.(nwa'� I ti aWOQ�c] F I 99+9zOnsI Q _w. o 0 O1+9zs ' ` oo 0 1 N L O z N �I 2 g I .W z.,...�.....w..�':_... N� �0 4- CS,IA 1 I CSU '. OQUmO rQjQOO =L^c Oclf Q z m U W l ptnz F- 4- 0:12 1 I I i I 0 04 Ci wxpLdK) guwi cc, ¢ O Worn w¢IzWo -D p U CL W¢ F-W a.N i F a�o<W P I R Q I a�vw¢ I I 'n o w a 1 aF0z w° — II +NOz at- op Ln— I O z 0 --A � ~Q O W+II I ��O LLIM O O a.WF-' I I F-¢N O co o Ln w ti I I s'�� W u 8 cc >-con LF+-VZ i o z ` OFz- I �w J[D I I �aU i F I I O Q U m o w Q N I` a Q o z J Q M N M X 0 W ¢ +1 I ��cnoo ¢wz� I ovlz a.a¢¢ 0 N WZw a C-) I . - 0 W Q X o p 11 "'w W .L� •end Hlz Ms WaN� �_-- �, +£ , <of Of W i 1 ¢wc�� {�_ N F- r N W U-1 Z -H jl 60 0 30 60WQQ��� II umZwQW ( I QW(If<W 0 aa-pw¢tn I ( FEET ) _l LEGEND of ® PERMANENT SLOPE EASEMENT (PARCEL 1) 216 SQ. FT. f �_. NI PERMANENT DRAINAGE EASEMENT (PARCEL 2) 12187 SQ. FT. ® PERMANENT ACCESS EASEMENT (PARCEL 3) 15006 SQ. FT. f TEMPORARY CONSTRUCTION EASEMENT (PARCEL 4) 4040 SQ. FT. t a {'7 FILE NO.: 020 SW WALNUT STREET SUBMITTAL DATE: 01/14/15 -_ WHPaCifiC TAX LOT: 100 (SW 116th-Tiedeman Avenue REVISED DATE: TAX MAP: 2S103AS and SW 135th Avenue) REVISED DATE: m. ADDRESS:11095 SW WALNUT ST. WASHINGTON COUNTY PROJECT NO.100187 REVISED DATE: DWG: 037W3-v-E=•"re a 21 r rn m O m FT1 O Z PARCEL 3 'm cn -+ O Fri PERMANENT INGRESS AND ro o -+ n 9 v z EGRESS EASEMENT I o o m m m m AREA 14881 SQ. FT. t a 0 a n a `2 00 n m m m z z z Cl 1 I1 Z O n � U) r z a C) 0, C m N m m > + Z m Z O N M N FILE 020 n mz m m -{ PARCEL 2 TIGARD-TUALATIN SCHOOL _ DISTRICT 23J U' z ^ PERMANENT ---� s _ z ! (%� m n DRAINAGE ---- �`�_ ------' 2S103AB TL100 m rc' z � v c) EASEMENT - -x DOC. NO. 2010-099760 z n M r- AREA 12187 I _ /` PARCEL 4 z ^ r 0 TEMPORARY 0 W°� > v m SQ. FT. t S62'26'00"W I 0 ::E� D D W r 11.18 + CONSTRUCTION z ,_{ r n v v EASEMENT a C � I PARCEL 4 AREA 295 NO'58'45"W TEMPORARY m v CD -I � + x SQ. FT. t � 3 N i 151,00 CONSTRUCTION X m N rn EASEMENT I•s fV= n > D �] N o S4'53'46"E AREA 3745 SQ. FT. t! 1 p z CD CD M �' 'n ~' N 146.34 Qv o o N a' PARCEL 1 , f .. � - o m rn j p `� PERMANENT SLOPE TEMPORARY CONST. I AND UTILITY EASEMENT ' � � � EASEMENT .AS_Sb-(�VdN � • �• I ; ,� p -mi AREA 216 SQ. FT. t _.._ ----ON-EXHIBIT A MAP ' -H -ma -m� t+ _. _ x - PER DOC. NO. cn h+ F+ oM m �_....... .. ;; • 2005-052005 :• '� �.�. m 0 O -- —T - -- - - ;f; — N89 01'15"E o —, 25+00 _ 26+00 -.�,�„_._ 27+00_� 23+00 — _ EXISTING —�-�� � 22+00 I �- RIGHT-OF-WAY ` SW WALNUT STREET- LINE TREET-LINE EXISTING RIGLd CENTERLINE TTO L NE Y if j Imo_ ( f•' t e PERMANENT UTILITY, SLOPE B 1 _ AND DRAINAGE EASEMENT PER ' $ � —I i N ! DOC. NO. 2005-052005 `3 m rn m o rn o PARCEL 3 g ._ PERMANENT INGRESS AND '> h, o D D z EGRESS EASEMENT . � o ro m m m m C AREA 14881 SQ. FT. t \- 0 4 u' a z z z \ 4 ao X z z Z m pw N89'25'07"E 26+27 ;' No -€ i 286' LTLAI 25+10 m e m w 23+36 € 246' LT 1 \� X En .m o 210' LT c: m m a 0 D m m zm m Z o \_ FILE 020 n D z m PARCEL 2 TIGARD-TUALATIN SCHOOL — 1 _ rM - ? PERMANENT _-- - DISTRICT 23J r".f /fl 2 C/) N m m n� z DRAINAGE h _- - Y - - 2S103AB TL100 ;1 z 0 EASEMENT -x - DOC. N0. 2010-099760 Z CL� m z r- AREA 12187 ij PARCEL 4 Z cn rn 0 '- rn SQ. FT. f Ij 4 TEMPORARY z r v v (P CONSTRUCTION ENT CD C ` PARCEL 4 AREAEASE295 CD TEMPORARY SQ. FT. t m n s y CONSTRUCTION W= m � i EASEMENT a � AREA 3745 SQ. FT. p m Z:°m R1 0 j '• �'-1 O c �o oO7 i PARCEL 1 _ o W a' V PERMANENT SLOPE Y T R' m cn TEMPORARY CONS € W o o p m I AND UTILITY EASEMENT EASEMENT_AS_S40WN ,• 1 m -i X AREA 216 SQ. FT. t -0►�`EXFiIBIT A MAP -`-" PER DOC. N0. M 2005-052005 cn co cn C _ - - m m m 26+27 i i 35.5 T -- — �/ + 1 ITi _.� 25+00 26+OQ 27+00 __-... \ �___.-.. EXISTING / RIGHT-OF-WAY SW WALNUT STREET- 1 --- --- LINEEXIS TING - � ; r RIGHT-OF-WAY �17— CENTERLINE- / i r €:. .ii...r: • R ��� / `,.� ` � PERMANENT UTILITY, SLOPE AND DRAINAGE EASEMENT PER DOC. NO. 2005-052005 I r EXHIBIT "B" 4 of 4 PARCEL LINE TABLE PARCEL CURVE TABLE UNE LENGTH BEARING CURVE DELTA RADIUS LENGTH CHORD CHORD Lt 115.50 110'88'45"W LENGTH BEARING Cl 45'39'43" 79.70 63.52 61.85 N21' 51' OCE L2 23.77 N2312'34"W C2 50'51'21" 59.38 52.71 51.00 S24' 35' 06"W L3 147.00 S89'24'42"W L4 46.99 NO'58'45"W L5 29.00 S89'O1'36"W L6 71.50 S46'51'20"W L7 23.00 SO'58'45"E i L8 20.84 S5846'16"W i L9 18.31 N56'00'14"W L10 36.77 S66'38'47"W f Ltt 19.86 N3111'45"W L12 67.04 N60'40'04"E L13 88.19 N47'27'55"E L14 208.01 N89'17'45"E L15 102.50 SO'58'45"E L16 115.50 SO'58'45"E L17 20.00 S89'02'03"W FILE NO.: 020 SW WALNUT STREET SUBMITTAL DATE: 01/14115 WHPacific TAX LOT: 1_00_ (SW 116th-Tedeman Avenue REVISED DATE_ TAX MAP: 2S103AB and SW 135th Avenue) REVISED DATE: mx:wv r.,wassearn ".+."nworm.mm ADDRESS: 11095 SW WALNUT ST. WASHINGTON COUNTY PROJECT NO.100187 REVISED DATE: DWG: 037633-v-Em-dw9