Ordinance No. 69-67 CITY OF TIGARD, OREGON
ORDINANCE No.69-_
AN ORDINANCE AUTHORIZING CONTINUANCE OF NEGOTIATIONS FOR
ACQUISITION OF EASEMENT FOR CONSTRUCTION OF DERRY DELL TRUNK SEWER
LINE ; DESCRIBING THE EASEMENT TO BE OBTAINED ON THE LANDS OF THE
FIRST BAPTIST CHURCH OF TIGARD; AUTHORIZING THE CITY ATTORNEY TO
PROSECUTE CONDEMNATION PROCEEDINGS, IF NECESSARY, TO OBTAIN IMMED-
IATE OCCUPANCY THEREOF AND TO INCUR EXPENSES IN CONNECTION THEREWITH
NOT TO EXCEED $750.00, AND DECLARI':G AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council of Tigard finds that it is necessary
t0 construct a sanitary sewer line known as"DERRY DELL
TRUNK SEWER LINE" , and bids for the construction thereof have here-
tofore been received, and the City Council further finds that in
addition to other easements required and granted to the City of Tigard,
the following hereinafter described easement is required; the Council
further finds that negotiations have been conducted by a representa-
tive of the City with the present owner thereof for the purchase of
the following described easement, but that the owner has refused to
grant said easement to the City on the terms authorized; and the
City Council further finds that the acquisition of said easement and
the construction of said sewer line is necessary in order to preserve
and protect the public health and that it is necessary that immediate
possession of said easement be acquired in order that the construction
of said sewer line may proceed without unnecessary delay or interrup-
tion; that in order to obtain such immediate possession, it is nec-
essary that the Cit„ Attorney be authorized and directed to commence
condemnation proceedings to acquire the hereinafter described ease-
ment at the earl:.est possible date, and to prosecute same to final
Judgment, unless agreement ..ith the property owner is reached by
further negoti9,tions which the City Attorney in his discretion is
hereby authorized to conduct for the acquisition of said easement and
right-of-way, as particularly described hereinbelow.
Section 2: In the event that the owner of said property continues
to refuse to grant said easement to the City for the com-
pensation tendered by the City, the City Attorney is hereby author-
ized and directed to institute condemnation proceedings by filing an
action under the general statutes of the State of Oregon for the
appropriation of sewer easement and right-of-way against the owner
and all parties having or claiming any right, title or interest in
and to the lards with respect to which said easement to be condemned
is situate. Such easement hereby authorized to be condemned by the
City being particularly described as follows:
TRACT 1:
C Perpetual easement:
An unencumbered perpetual right-of-way and easement
for the purpose of constructing, reconstructing, operat-
ing, maintaining, inspecting and repairing of an under-
ground sewer line and appurtenances, together with the
right to remove, as necessary, vegetation, foliage, trees
and other obstructions within the easement area, but
Page l - ORDINAI•ICE No.69- /_'7
reserving; to the Grantor the title to the lands, subject
to the easement, and the right to make such use thereof,
except to construct buildings, as will not interfere
with the uses and purposes of the easement; said ease-
merit area being described as follows:
A portion of that tract of land in Section 3, T2S1
R1W, W.M., Washingtcn County, Oregon conveyed to ;
The First Baptist Church of Tigard in Book 463
page 436, Deed Records of Washington County, being
7.5 feee on each side of the following described
centerline which traverses said premises:
+
Beginning at a point on the North line of said tract, }
said point being 108 feet, more or less, Easterly
of the Ncrthwest corner of said First Baptist Church
of Tigard tract; thence S120111081°W, a distance of
229 fleet: thence S 0049100"E a distance of 338.02
feet; thence S 11°11'30"W, a distance of 80 feet,
more or less, to a point on the South line of the
tract, said point being approximately 32 feet
Easterly of the Southwest corner of said First
Baptist Church of Tigard tract.
a
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TRACT II:
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 each side
and within 17.5 feet, when measured at right angles, of
the above described perpetual easement area, excepting
and reserving to Grantor 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,
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 work-
manlike condition. The City agrees that in connection with its use
of the perpetual easement area and in inspecting, repairing, main-
taining, or replacing said sewer line, the City will leave the prem-
lj�es in aaeat and workmanlike condition and as nearly in the pre-
existing state as practicable.
Section L. 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 I& hereby further authorized to take all steps necessary in con,
nection therewith and to obtain the immediate right of entry and
possession for construction of said sanitary sewer line, and of said
temporary privileges and right-of-way as necessary for said construc-
tion,, and to incur such reasonable expenses as may be found necessary
in the prosecution of said action, not to exceed $750.00, such expenses
;;o be submitted for audit by the City Council as and when incurred.
Page 2 ORDINANCE NO.69- 4Z _
Section 4: Inasmuch as it is necessaryfor the
preservation of the
public health, peace and safety of the City of Tigard,
that immediate action be taken to obtain said easement and rights in
order that same may be available for said public purposes without un-
necessary delay to provide sewage disposal service to the residents
of Tigard to be thereby served, an emergency is hereby declared to ex-
ist, and this ordinance shall become effective immediately upon its
passage by the Council and approval by the Mayor. j
PASSED: By unanimous vote of all council members present, after
being read three times by number and title only, this ,
�3 day of October, 1969.
Recorder City of Trd
APPROVED: By the Mayor, this _day of October, 1969.
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