Ordinance No. 67-60 CITY OF TIGARD, OREGON
ORDINANCE N0.67-
AN ORDINANCE AUTHORIZING CONTINUANCE OF NEGOTIATIONS FOR
SEWER EASEP":EN`P ACROSS LANDS OF 10u,1EY G. BELANGER and BETTY E.
BELANGER as described in Deed Book 309 page 300, Deed Records of
Washington County, Oregon; CONFIRMING AND RATIFYING PREVIOUS
DIRECTIONS TO THE CITY ATTORNEY TO COMMENCE CONDEMNATION PROCEED-
INGS FOR SAID EASEMENT, IF NECESSARY TO OBTAIN POSSESSION THEREOF
FOR THE PURPOSE OF SEWER CONSTRUCTION, AND TO PROSECUTE SAID PRO-
CEEDINGS TO JUDGMENT UNLESS SAME BE SETTLED PRIOR THERETO; AUTHOR-
IZING THE INCURRING OF EXPENSES IN CONNECTION THEREWITH NOT TO
EXCEED $ ;')p ; AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council finds that at its regular meeting of
September 11, 1967, by resolution, the City Attorney
was directed to undertake to obtain certain easements across the
lands of RODNEY G. BELANGER and BETTY E. BELANGER to enable con-
struction of a sanitary sewer interceptor lire known as "Pinebrook-
Bonita Interceptor"; and the Council further finds that pursuant
thereto, the City Attorney under date of September 22, 1967, by
certified mail, made a formal pre-condemnation offer in the sum of
$277.50 to said landowners for said easement rights, and said offer
has been rejected; and the City Attorney has, therefore, pursuant to
direction of the Council, instituted court proceedings to obtain
said easement rights, and all such actions on the part of the City
Attorney be, and the same are, hereby adopted, ratified and confirmed
as the official acts of the City of Tigard.
Section 2: In the event the owners of said property continue to
refuse to grant said easements to the City for the com-
pensation tendered by the City, the City Attorney is hereby author-
ized and directed to prosecute condemnation proceedings under the
general statutes of the State of Oregon for the appropriation of
sewer easements and rights of way against the owners, and all parties
having or claiming any right, title or interest in and to the lands
WSLiI icupeC_
to which said easements to be condemned are situate.
Such easements hereby authorized to be condemned by the City being
particularly described as follows:
1. Perpetual easement:
An unencumbered perpetual right of way and easement
for the purpose of constructing, reconstructing,
operating, maintaining, inspecting and repairing
of an underground sewer line and appurtenances,
together with the right to remove, as necessary,
vegetation, foliage, trees and other obstructions
within the easement area, but reserving to the
grantors the title to the lands, subject to the
easement, and the right to make such use thereof,
except to construct buildings, as will not inter-
fere with the uses and purposes of the easement;
said easement area being as follows:
Page 1 ORDINANCE No.67 foo^_
A fifteen (15.0) foot wide strip of land In
Section 12, Township 2 South, Range 1 West, Willa-
mette Meridian, Washington County, Oregon; within
that tract of land conveyed to Rodney G. Belanger
and Betty E. Belanger, husband and wife, and re-
corded in Book 309, page 300 of the Peed Records
of said county; said easement area being 7.5 feet
on each side and parallel with, when measured at
right angles, the following described centerline:
Beginning at a point on the Easterly line of
said Belanger tract; said point being North
392.39 feet from the Southeast corner of said
tract; thence South 54°14145° West a distance of
185 feet, more oi, less, to the Westerly line of
` said tract.
2. Temporary easement:
Together with the temporary right of ingress,
egress and regress, and use for sewer construction
purposes, of additional lands lying parallel to,
along both sides and within 17.5 feet, when measured
at right angles, of the above described perpetual
easement area, excepting and reserving to grantors
the unencumbered enjoyment, use and preservation
of all structures present upon the premises. This
temporary easement shall terminate upon completion
of the sewer construction work, at which time,
yry upon request if the owner, the City will issue a
written release thereof.
Section 3: The City Attorney be, and he is hereby, authorized and
directed, in connection with said condemnation proceed-
ings, to prosecute same to final judgment with all due diligence,
and he is hereby further authorized to take all steps necessary in
connection therewith and to obtain the immediate right of entry and
"possession for construction of said sanitary sewer system, and of
said temporary privileges and rights of way as necessary for said
construction, and to incur such reasonable expenses as may be found
necessary in the prosecution of said action, not to exceed $ ,
audit ' Cit Col—
when
o"Icil as and
such expenses to be submitted for audit by he y
when-incurred.
c Section 4: Inasmuch as it is necessary for the preservation of the
public health, peace and safety of the City of Tigard,
that immediate action be taken to obtain said easements and rights
in order that same may be available for said public purposes without
unnecessary delay to provide sewage disposal service to the residents
of Tigard to be thereby served, an emergency is hereby declared to
exist, and this ordinance shall become effective immediately upon its
pasaage by the Council and its approval by the Mayor.
PASSED: By unanimous vote of all Council members present, after being
read three times by numbor nd title nly, this 9th day of
October, 1967.
,.,. Recorder L. it f Tigard
APPROVED: By the Mayor, this 9th dad of Oct b 1967.
r
m yor City of Xgard
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