Ordinance No. 69-66 CITY OF TIGARD, OREGON
ORDINANCE No. 69-__4,;_
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AN ORDINANCE AUTHORIZING CONTINUANCE OF NEGOTIATIONS FOR
ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF LEPTON I141GIlTS
SANITARY SM-M.R EXTENSION; DESCRIBING THE EAMAERES TO BE
OBTAINED ON THE LANDS Or SVEN H. XVAP,NSTROM AND S. E. RVARNSTP.OM,
IMSBAND AIS T.--LIFE, XND JUANITA I OENIG AND JACOB KOENIG, JR.
HUSBAND AND WIFE:
AUTHORIZING THL CITY ATTORNEY TO PROSEMTE CONDEANiATION
PROCEEDINGS, IF NECESSARY, TO OBTAIN IA:I`EDIATE OCCUPANCY THEREOF,
TO INCUR EXPENSES IN CONNECTION THER?KITH NOT TO EXCEED
AND DECLARING AN EMPGENCY.
THE CITY OF TIGARD ORDAINS AS F01,M S:
Section 1: The City Council of Tigard finds that it is
necessary to construct a sanitary sewer :Interceptor
line known as the "LERON HLIGI-ITS SEWER SYSTEM", and bids for
the construction thereof have heretofore been received, and the
City Council further finds that in addition to other easements
required and granted to the City of Tigard, the followin,-
hereinafter described easements are required; the Council
further finds that .negotiations have been conducted by a
representative of the City with the present owners thereof for
the purchase of the following described easements, but that the
owners have refused to grant said easements to
the City on the terms authorized; and the City Council further
that the acquisition of said easements and the construction of
said sever system is-necessary,in.order to preserve and protect
the public health and that it is necessary that immediate
possession of said easements be gquired in order that the construction. '''
of said sewer system may proceed without unnecessary delay or
interruption; that in order to obtain such immediate possession,
it is necessary that the City Attorney be authorized and
directed to commence condemnation proceedings to acquire the
hereinafter described easements at the earliest possible date, and
to prosecute the sane to final judgment, anless agreement with
the property owners is reached by further negotiations which the
City Attorney in his discretion is hereby authorized to conduct
for the acquisition of said easement4 and rights of way, as
,articularly described hereinbelow.
Section 2: In the event that owners of said properties continue
to refuse to grant said easements to the City for
the compensation tendered by the City, the City Attorney is hereby
authorized and directed to institute condemnation proceedings by
Tiling an action under the general statutes of the State of Oregon
for the appropriation, of sewer easements and rights of way
against the owner or ovine s and all parties having or clnimin
and right, title or interest in and to the lands with respect to
Which said easements to be condemned are situate. Such easements
hereby authorized to be condemned by the City being particularly
described as follows:
Page 1 ORDINANCE No. 69
l.-ANDS OF SVEN H. KVARNSTROM AND S.E. KVARNSTROM
TRACT 1:
Perpetual eesement:
An unencumbered perpetual right-of-way and easement for
the purpose of constructing, reconstruction, 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,
exeept to construct buildings, as will not interfere
with the uses and purposes of the easement; said easement
area:-being
The irestnrly 15 feet of the Northerly-most 576 feet of
that certain tract of land in Section 3, T$3 , RDD, U.M.
Washington County,Oregon, conveyed to Sven H. Kvarnstrom
and S. E. Kvarstrom as described in Book 452 Page 310,
Deed Record.- of said llasM-at-nn Cotinty, mere
n-
TRACT $:
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, the East & South side and within
20 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 comnleteion of the sewer
construction work, at which time, upon request of the
owner, the City will issue a written release thereof.
Should it be necessary to cut and remove any brush, trees,
or other matter or materials from the easement area, said brush,
trees, or other matter and materials shall be removed and disposed
of by the City and the City shall leave the easement area in a
neat and workmanlike condition. The City agrees that in connection
with its use of the perpetual easement area and in inspecting,
repairing, maintaining, ox replacing said sewer line, the City
will leave the premises in a neat and workmanlike condition and as
nearly in the pre-existing state as practicable.
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Page 2 ORDINANCE NO. 69- t
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LANDS OF JACOB K0ENIG, JR. AND JUA141TA KOENIG
Ei TRACT 1;
Perpetual casement:
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
zother obstructions within the easement area, but reserving
to the grantors ;:ire ti..�. to tha lands, subject to the
title..
s. easement, and the right to make such use thereof, c ^int
to construct buildings, Za will not interfere with the '
uses and purposes of the easement;
said easement area being
The Northerly 15 feet of that certain tract of land in
section 3, T2S, Rlii, W.M., Washington County, Oregon
conveyed to Jacob Koenig, Jr. and Juanita Koenig as
described in Book 511 Page 260, Deed Records of said
rvashington County,
k: TRACT 2:
Temporary easement:
Together with the temporary right of ingress, egress, and
regress, and use for' sewer construction purposes, of
ddditional lands
lying parallel to, along the south side and within 20
feet, when measured at right angles, of the above deseribed
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
construction work, at which time, upon request of the owner,
the City will issue a written release therof.
Should it be necessary to cut and remove any brush, trees,
or other matter nr matsr-ials from the aasement area, said brush,
trees, or other matter and materials siia.7.1 be removed and disposed
of.by the City and the City shall leave the easement area in a
neat and workmanlike condition. The City agrees that I connection
with its use of the perpetual easement area and in inspecting,
repairing, maintaining, or replacing said sewer line, the City
will leave the premises in a neat and workmanlike condition and
as nearly in the pre-existing state as practicable.
Section 3:_ The City .Attorney be, and he Is hereby, authorized
and directed, in connection with said condemnation
proceedings, to prosecute same to final judgment with all dice
diligence, and he is hereby further authorized to take all steps
necessary in connection. therewith and to obtain the mediate
"right of entry and po--session for construction of said su.nitary
sewer system, and of said temporary;privileges and rights of way
as necessary for said construutioz-t, and to incur such reasonable
necessary in Otte prosecution of said
expenses 98 may he found
a
Page' ? _ ORDINANCE No. 697 �,r A
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action, not to exceed $� such e%penses to be :7ubmitted
for audit by the City Co xlci`\ as and when incurred.
Sectton 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 toprovide sewage disposal
service to the residents o`. Tigard to Ee thereby served, an
emergency is hereby decla,-ed to exist, and this ordinance shall
become effective immediately upon its passage by the Council and
its approval by Lhe Mayor.
PASSLD: By unanimous vote of all council members present,
after being read
This ,_IL . day of September, i969.
/j
i.ecar er=City
APPROV- ); By the Mayor, this ,=t; day of September, 1969.
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