Resolution No. 75-42 CITY OF TIGARD, OREGON
RESOLUTION NO. 75- y�
A RESOLUTION FINDING AND DECLARING THE NECESSITY TO ACQUIRE
A RIGHT OF WAY AND EASEMENT FOR PUBLIC ROAD, PUBLIC STREET
AND PUBLIC UTILITY PURPOSES ALONG S. W. HUNZIKER STREET, AND
DECLARING AN EMERGENCY.
WHEREAS, the City Council finds that on December 9, 1974,
the City Council passed Resolution No. 74-67 declaring an intention
to construct certain street improvements within an area to be known
as "Street Improvement District No. 1.20.2 (S. W. Hunziker Street)"
and that on the /3 day of January, 1975, the City Council passed
Ordinance No. 75-1, an Or-dinance confirming and ratifying Resolution
No. 74-67 and approving, ratifying and adopting plans, specifications
and estimates for that improvement and providing for the making of
such improvements; and
WHEREAS, the City Council further finds that subsequent to
the passage of Ordinance 75-1 the city staff prepared and caused
to be delivered to the owners of the various properties within the
district forms for street dedications and slope easements, requesting
that the owners of affected properties dedicate the property necessary
for the improvement to the public, and that, in particular, such a
form of "Street Dedication and Slope Easement" was delivered to
P. C. and J. T. Hiransomboon, husband and wife, and that the said
P. C. and J. T. Hiransomboon were offered the sum of $623.91 for
the property and rights described in the form of street dedication
and slope easement, and it appearing that the Jaid Hiransomboons
have refused and declined to execute the said form of street dedica-
tion and slope easement, or to recommend or suggest any other terms
upon which a street dedication anc slope easement can be made, or
to suggest any alteration in the proposed street dedication and
slope easement which would be acceptable to them,
NOW, THEREFORE, the acquisition of the following described
property is hereby declared to be necessary for the purpose of the
improvement of S. W. Hunzi.ker Street in a manner consistent with
Resolution No. 75-67 and Ordinance No. 75-1;
A perpetual right-of-way and easement for public road,
public street and public utility purposes to become a
part of the public right-of-way of S. W. Hunziker Street
on, over, across, along, under and within that portion of
that certain tract of Grantor(s) as described in Deed
Page 1.
Book 789 at Page 617, Deed Records of Washington
County, Oregon, lying South of a line drawn parallel
to and thirty (30) feet North of, when measured at
right angles of the following described center line
of S. W. Hunziker Street, said center line being
described as follows:
In the William Graham Donation Lard Claim No. 39 in
the :North half of Section 1, Township 2 South, Range
1 West, Willamette Meridian, City of Tigard, Washington
County, Oregon.
Beginning at a point on the center line of S. W. Hall
Boulevard located South 571 16' 06" West 803.95 feet
from a stone marking the Northwest corner of the William
Graham D.L.C. #39; thence along the center line of S. W. Hunziker
Street South 611 11' 11" East 1989.59 feet to a point of curve;
thence along the arc of a 200.00 foot radius curve to the left
having a central angle of 10° 57' 10" the chord of which bears
South 66' 39' 46" East 38.17 feet (an arc distance of 38.23
feet) ; thence South 721 08' 21" East 601.66 feet to a point
of curve- thence along the arc of a 200.00 foot radius curve
to the left having a central angle of 18' 01' 18" the chord
of which bears South 811 09' 00" East 62.65 feet (an arc
distance of 62.91 feet) ; thence North 890 50' 21" East 188.90
feet to the terminus at Oregon State Highway station "H"
449+00.00 of the Beaverton-Tigard Highway Section, said
terminus being North 151 18' 46" West 2660.19 ft. from a
stone at the Easterly Southeast corner of •the William Graham
D.L.C. #39, and South 30° 38' 12" West 1493.76 feet from a
2" iron pipe at the Northeast corner of the William Graham
D.L.C. #39, said 2" iron pipe also being the initial point
t of Hermoso Park Plat.
Also:
A permanent right-of-way and easement for the purpose of
constructing, maintaining and/or repairing slopes, suts or
mills occasioned by :)r resulting from the improvement of
S. W. Hunziker Street, within an area described as follows:
That portion of Grantor's lands as described in Deed Book
789 at Page 617, Deed Records, Washington County, Oregon,
lying South of a line drawn parallel to and forty (40) feet
North of, when measured at right angles, the center line of
S. W. Hunziker Street, as described in Parcel I above
described, reserving, however, to Grantor, heirs and assigns
the full use and dominion over the said easement area;
provided, however, that such use shall not be permitted to
interfere with the purpose for which the easement is granted.
Page 2.
Should it be necessary to cut and remove any brush, trees,
or other materials from the above described easement area,
the City agrees that same shall be removed and disposed
of by the City and the area left in a neat and workmanlike
condition.
The City Council hereby authorizes and directs that
efforts to purchase the property and rights described above at
a price consistent with the formula heretofore established
and approved by the City Council shall continue and that, in the
event such attempt shall fail that condemnation proceedings be
commenced. The City Council regards immediate possession of the
property described above as necessary to the proper and orderly
improvement of S. W. Hunziker Street and it is hereby ordered
and directed that in the event it is necessary to commence the
condemnation proceeding, an amount equal to the amount estimated
to be the just compensation for the property be deposited with
the Clerk of the Washington County Circuit Court pursuant to
ORS 35.265 and that an application be made to the court for an
a order to occupy the property, and to make use of it for the
purposes for which it is being appropriated, pursuant to ORS 35.275.
In this regard it is the finding of the City Council that the
contract for the construction of S. W. Hunziker Street has been
let, the contractor has commenced construction, and that any
additional delay in the acquisition of the right to enter the
described property will jeopardize the safe, orderly, economical
completion of the project, to the substantial detriment of the
" City of Tigard and the other affected properties within the S. W.
Hunziker Street Local Improvement District.
`• DATED at Tigard, Oregon, this i day of August, 1975.
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Mayor, City of Tigard
ATTEST: Ti
C-ity Recorde , City Tigard
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