Resolution No. 82-56 CITY OF TIGARD, OREGOTd
RESOLUTION NO. 82-_5J
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A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF
CERTAIN RIGIITS-OF-19AY FOR 72ND AVENUE AREA LOCAL IMPROVEMENT
DISTRICT, DIRECTING AN ATTEMPT TO AGREE WITH OWNERS AS TO COMPENSA-
TION; THEREFORE AUTHORIZING CONDEMNATION PROCEEDINGS TO ACQUIRE SAID !�
RIGHTS-OF-WAY.
WHEREAS, the above-entitled matter came on before the Council
of the City of Tigard, at its regular meeting of June 21, 1982; and
WHEREAS, it appearing to the Council that an improvement project
has been approved for 72nd Avenue Local Improvement District which
provides for the improvement of 72nd Avenue; and
WHEREAS, it appear to the Council that the City Council has
authority under ORS Chapter 35 to acquire rights-of-way therefrom
by purchase, condemnation proceedings or any other means; and
WHEREAS, it appearing to the Council that it is consistent with
the powers and purposes of city government, and necessary for the
continued growth, safety and welfare of the community, that 72nd
Az ,nue be improved and that the rights-of-way hereinafter described
ie acquired; and
WHEREAS, it appearing to the Council that the proposed improve-
ment of 72nd Avenue is most compatible with the greatest public good
and causes the lease private injury;
NOW, THEREFORE,
BE IT RESOLVED BY the City of Tigard, as follows:
1. That it is necessary for the preservation of the public health,
safety and welfare of the City of Tigard and that the city, in connec-
tion with the improvement of 72nd Avenue, exercise its power of eminent
domain, if required, by requiring the below-described rights-of-way
for said improvements.
2. That the governing body of the City of Tigard does hereby
find and determine that the immediate acquisition by condemnation,
if necessary, of the following described rights-of-way will provide
for the improvement of 72nd Avenue in a manner which would be most
compatible with the greatest public good and the least private injury,
said rights-of-way being described in Exhibits "A", "B", "C", and "D"
attached hereto and incorporated herein.
3. That the staff of the Public Works Department shall attempt
to agree with the owners of the properties upon which the described
s rights-of-way are situated with respect to the compensation to be
paid therefor, and the damages, if any, for the taking thereof, and,
RESOLUTION No. 82--f-L Page 1
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should the Public Works staff and the owners be unable to agree, [
then the City Attorney for the city shall be, and hereby is, li
authorized and directed to institute all necessary proceedings for [
the immediate condemnation of the above-described rights-of-way and
necessary easements and may take the necessary steps for immediate
possession of the said rights-of-way.
PASSED by Council .on the = day of ✓ Q , 1982.
Mayor - City of Tigard
ATTEST:
Ca.torder - Cit of Tigard
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RESOLUTION No. 82-_6 Page 2
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EXHIBIT "A"
Right of Way Acquisition Description
Ident No. 17
A parcel of land in the S.W. 1/4 of the S.E. 1/4 of Section 1, 172S, R1W, W.M.,
the City of Tigard, Washington County, Oregon, more particularly described as
follows:
Being that portion of the tract of land described in Book 991, Page 481,
(Deed) of the Washington County, Oregon records (T.L. 1000, Map 25-1-1DD)
which falls between a centerline and a line 30 feet southwesterly at right
angles and a line 30 feet northeasterly at right angles and parallel to said
-�cehtehline, said centerline being described as follows:
Beginning at a point that is N 89140'44" E, 20.00 feet from an iron
pipe with a brass cap inside at the recognized 1/16th corner noted as
Point "P" on County Survey No. 13,247; thence N 0`16156" W, 2401.64
feet to the beginning of a 400-foot radius curve to the left, (a � I
stone at the recognized N.W. corner of the East 1/2 of the N.E. 1/4 ..
of Section 12, T2S, R1W, W.M., noted as Point "B" on County Survey
No. 13,247, is N 0'16'56" W, 225.612 feet and N 59`07151" W, 23.370
�.. feet); thence northwesterly along said 400-foot radius curve to the
left through a central angle of 58 50'55", 410.841 feet to the end of
said curve (long chord bears N 29142'24" W, 393.019 feet) said end of
curve point is N 59007'51" W, 202.242 feet from said stone noted as
Point "B" on County Survey No. 13,247; thence N 59'07'51" W, 356.802
feet to the beginning of a 350-foot radius curve to the right (a
stone in a monument box at the easterly S.E. corner of the W.W.
Graham D.L.C. is N 59'07'51" W, 202.156 feet); thence northwesterly
along said 350-foot radius curve to the right through a central angle
of 60'01'14", 366.645 feet to the end of said curve (long chord bears
N 29.07'14" W, 350.109 feet), said end of curve point is N 0 53'23"E,
202.156 feet from said stone in monument box at the easterly S.E. E
corner of the W.W. Graham D.L.C.; thence N 0°53'23" E, 3648.45 feet
to a 2-inch iron pipe at the N.E. corner of the W.W. Graham D.L.C.
also being the Initial Point of the plat of "Hermosa Park" at the end
of said centerline. E
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12/30/81
80.194.118 a
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�y EXHIBIT "B"
_ Right of Way Acquisition Description
CIdent. Nos. 24 and 25
A parcel of land in the N.E. 1/4 of Section 12 of T.2S, R.1W., W.M., the City
of Tigard, Washington County, Oregon, more particu7arly described as follows:
Being that portion of the tract of land described in Book 747, Page 791 ,
(Deed) of the Washington County, Oregon, Records (T.L. 401 and 402, Map 2S-
1-12A) which falls between a centerline and a line 30 feet westerly at
right angles and parallel to said centerline, said centerline being described
as follows:
Beginning at a point that is N 89'40'44" E, 20.00 feet from an iron
pipe with a brass cap inside at the recognized 1/16th corner noted as
Point "P" on County Survey No. 13,247; thence N 0°16'56" W, 2627.25
feet to a point that is N 89143104" E, 20.00 feet from a stone at the
recognized N.W. corner of the East 1/2 of the N.E. 1/4 of said Section
12, noted as Point "B" on County Survey No. 13,247.
11/24/81 CRC
80.194.118
EXHIBIT "C"
Right of Way Acquisition Description
Ident. No. 26
A parcel of land in the N.E. 1/4 of Section 12 of T.2S, R.1W., W.M., the City
of Tigard, Washington County, Oregon, more particularly described as follows: .
Being that portion of the tract of land described in Book 674, Page 548,
(Deed), of the Washington County, Oregon, Records (T.L. 502, Map 2S-1-12A)
which falls between a centerline and a line 30 feet westerly at right
angles and parallel to said centerline, said centerline being described as
follows:
Beginning at a point that is N 89'40'44" E, 20.00 feet from an iron
pipe with a brass cap inside at the recognized 1/16th corner noted as
Point "P" on County Survey No. 13,247; thence N 0`16'56" W, 2627.25
feet to a point that is N 89'43'04" E, 20.00 feet from a stone at the
recognized N.W. corner of the East 1/2 of the N.E. 1/4 of said Section
12, noted as Point "B" on County Survey No. 13,247.
c
11/24/81 CRC
80.194.118
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EXHIBIT "D" f
Right of Way Acquislio'n Description
Ident. No. 27a & 27b
Three (3) parcels of land in the N.E. z of Section 12 of T.2S, R.1W.,
*' W.M., the City of Tigard, Washington County, Oregon, more particularly
described as follows:
Parcel 1 being that portion of the tract of land described in Fee No.
80-023747 (Contract) of the Washington County, Oregon, Records (T.L. 400,
& T.L. 403, Map 2S-1-12A) which fails between a centerline and a line
30 feet westerly at right angles and parallel to said centerline,
said centerline being described as follows:
Beginning at a point that is N 89°40'44" E, 20.00 feet from an
iron pipe with a brass cap inside at the recognized 1/16th corner
noted as Point "P" on County Survey No. 13,247; thence N 0°16'56" W,
2627.25 feet to a point that is N 89°43'04 E, 20.00 feet from a
stone at the recognizes N.W. corner of the East '2 of the N.E. 'a
of said Section 12, noted as Point "B" on County Survey No. 13,247.
Parcel 2 being that portion of the tract described in said Fee No.
80-023747 which falls within the following described parcel:
Beginning at a point that is S 0°16'56" E, 1238.35 feet from a
stone at the recognized N.W. corner of the East 2 of the N.E. 4
of said Section 12, noted as Point "B" on County Survey No. 13,247,
said beginning point also bears M 0°16'56" W 1388.917 feet from
an iron pipe with a brass disc inside at the recognized 1/16th
corner noted as Point "P" on Cougty Survey No. 13,247; thence
from the Pobnt of Beginning, S 0 16'56" E, 49.31 feet t8 a point;
thence S 88 55'16" W, 49.31 feet to a point; thence N 1 04'44" W,
10.00 feet to a point of curve; thence northeasterly along a
40.00-foot radius curve to the left (through a ceStral angle
of 89°12'12"), 62.276 feet (long cho6d bears N 44 19'10" E,
56.174 feet) to a point; thence N 89 43'04" E. 10.00 feet to
the Point of Beginning.
Parcel 3 being that portion of the tract of land described in said Fee No.
80-023747 of the Washington County, Oregon, Records which falls between a
centerline and a line 30 feet northerly at right angles and parallel to
said centerline, said centerline being described as follows:
Y
Beginning at a point that is the centerline intersection of S.B.
72nd Avenue and S.W. Bonita Road, said beginning point is N 89 43'04"
E, 20.00 feet and S 0 16'56" E, 1307.38 feet from a stone at the
recognized N.W. corner of the East %z of the N.E. ; of said gection 12,
noted as Point "B" on County Survey No. 13,247; thence S 88 55'16" W,
737.15 Net to the end of said centerline. A 5/8-inch iron rod
lies N 1 04'44" W, 20.00 feet from the end of said centerline..
3/16/82 CRC
80.194.118