Resolution No. 82-68 • CITY OF TIGARD, OREGON
1C
RESOLUTION NO. 82- &41
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF
CERTAIN RIGHTS-OF-WAY FOR 72nd AVENUE AREA LOCAL IMPROVEMENT DISTRICT,
DIRECTING AN ATTEMPT TO AGREE WITH OWNERS AS TO COMPENSATION; THERE-
FORE 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 July 12, 1982; and
WHEREAS, it appearing to the Council that an improvement project
has been . pproved for 72nd Avenue Local Improvement District which
provides for the improvement of 72nd Avenue; and
WHEREAS, it appearing 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
Avenue be improved and that the right-of-way hereinafter described
,. be 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 least 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 connection with the improvement of 72nd Avenue, exercise its
power of eminent domain, if required, by requiring the below-
described right-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 tha following described right-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 right-of-way being described in Exhibit "A" and 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
( right-of-way is situated with respect to the compensation to be
paid therefor, and the damages, if any, for the taking thereof, and,
5:4 4
F RESOLUTION No. 82_1t Page 1
should the Public Works staff and the owners be unable to agree,
then the City Attorney for the city shall be, and hereby is,
authorized and directed to institute all necessary proceedings for
the immediate Condeonation of the above-described right-of-way and
necessary easements and may take the necessary steps for immediate
possession of the said right of way.
PASSED by Council on the /,2__ day of �G 1982.
MMayor - City of Tigard
ATTEST:
41L I &"
City Recorder - C' of Tigard
RESOLUTION No. 82-_,Lk_ Page 2
. v
Right of Way Acquisition Description
Ident. No. 81
Two parcels of land in the S.W. 1/4 of the S.E. 1/4 of Section 1, T2S, R1W,
W.M., the City of Tigard, Washington County, Oregon, more particularly des-
cribed as follows:
Parcel 1 - Being that portion of those tracts of land described in Book
814, Page 420 (Deed), and Book 947, Page 779 (Deed), of the Washington
County, Oregon, records (T.L. 3800, Map 2S-1-IDC) which falls between a
centerline and a line 30 feet easterly at right angles and parallel to
said centerline, said centerline being described as follows:
Beginning at a stone in a monument box at the easterly S.E. corner of
the W.W. Graham D.L.C.; thence N 0'53'23" E, 3850.61 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.
Parcel 2 - Being that portion of the tract of land described in Book 814,
Page 423 (Deed), and Book 947, Page 779 (Deed), of the Washington County,
Oregon, records (T.L. 3800, Map 2S-1-10C) which falls within the following
described parcel:
Beginning at the intersection of the easterly right of way of S.W
72nd Avenue (County Road No. 472) (an existing 40-foot wide right of
way) and the southerly right of way of S.W. Sandburg Street (an
existing dedicated 50-foot wide right of way); thence easterly along
the said southerly line of S.W. Sandburg Street, 19.7 feet more or
less to a point that is 25.00 feet at right angles to the centerline
of said S.W. Sandburg reet; thence southwesterly along a 10-foot
radius curve to the 4112F (the radius point of said 10-foot radius
curve lies 40.00 feet easterly at right angles to the centerline of
C31
EXHIBIT "A"-1
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Page 2
Right of Way Acquisition Description
Ident. No. 81
said S.W. 72nd Avenue and 35.00 feet southerly at right angles to the
.centerline of said S.W. Sandburg Street), through a central angle of
860271, more or less, 15.4 feet, more or less, to a point that is
easterly 10.00 feet at right angles to the east right of way of said
S.W. 72nd Avenue; thence westerly at right angles to the easterly
right of way of said S.W. 72nd Avenue, 10.00 feet to a point on the
said east right of way; thence northerly along the said east right of
way of S.M. 72nd Avenue, 4.7 feet, more or less, to the Point of
Beginning.
�6
12/31/81
80.194.118
EXHIBIT "A"-2
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' Right of Way Acquisition Description
Ident. No. 81
Two parcels of land in the S.W. 1/4 of the S.E. 1/4 of Section 1, TIS. R1N,
W.M., the City of Tigard, Washington County, Oregon, more particularly des-
cribed as follows:
Parcel 1 - Being that portion of those tracts of land described in Book
814, Page 420 (Deed), and Book 947, Page 779 (Deed), of the Washington
County, Oregon, records (T.L. 3800, Map 2S-1-1DC) which falls between a
centerline and a line 30 feet easterly at right angles and parallel to
r said centerline, said centerline being described as follows:
` Beginning at a stone in a monument box at the easterly S.E. corner of
the W.W. Graham D.L.C.; thence H 0'53'23" E, 3850.61 feet to a 2-inch
iron pipe at the R.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.
Parcel 2 - Being that portion of the tract of land described in Book 814,
Page 423 (Deed), and Book 947, Page 779 (Deed), of the Washington County,
Oregon, records (T.L. 3800, Map 2S-1-1DC) which falls within the following
described parcel:
Beginning at the intersection of the easterly right of way of S.W
72nd Avenue (County Road No. 472) (an existing 40-foot wide right of
way) and the southerly right of way of S.W. Sandburg Street (an
existing dedicated 50-foot wide right of way); thence easterly along
the said southerly line of S.W. Sandburg Street, 19.7 feet more or
less to a point that is 25.00 feet at right angles to the centerline
of said S.W. Sandburg Sxreet; thence southwesterly along a 10-foot
radius curve to the �S+rL-sg1�t (the radius point of said 10-foot radius
curve lies 40,.00 feet easterly at right angles to the centerline of
EXHIBIT "A"-1