Resolution No. 82-69 CITY OF TIGARD, OREGON
RESOLUTION NO. 82- 6q
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 AUTIIORIZING CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHTS-OF-
WAY.
WHER-EAS, the above-entitled matter came on before the Council of
the City of Tigard, at ito regular meeting of July 12, 1982; and
WHER-EAS, 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 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 rights-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;
az. 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 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 greates public good and the least private injury,
said rights-of-way being described in Exhibits "A"thru "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
` rights-of-way are situated with respect to the compensation to be
as a paid therefor, and the damages, if any, for the taking thereof, and,
�� RESOLUTION I7o. 82_J 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 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 /.Z day of '/' /4 1982.
and amended July 13, 1982 by adding Exhibits
CC& D. 1
Mayor City ofTigard
ATTEST:
Caty Recorder— C( of Tigard 7
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RESOLUTION No. 82-_4_ Page 2
Right of Way Acquisition Description
Ident. No. 45
A parcel of land in the S.E. 34 of Sec. 12, T.2S., R.1W., W.M., Washington
County, Oregon, more particularly described as follows:
Being that portion of the tract of land described in
Fee No. 79-051479 (Purchase Agreement) of the Washington
County, Oregon Records (T.L. 600, Map 2S-1-12DC) which
falls between a centerline and a line 30 feet westerly
and parallel to said centerline, said centerline being
described as follows:
Beginning at a point that is N 89043'04" E
20.00 feet from the recognized E. 1/16
corner on the South line of said Sec. 12 noted
as Point No. 289 on County Survey No. 19,127;
thence N 0021'36" W 2646.36 feet to a point,
that is N 89040'44" E 20.00 feet from an
iron pipe with aluminum cap at the recognized
1/16 corner shown as Point "P" on County
Survey No. 13,247.
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10/12/81 CRC
80.194.118
EXHIBIT "A^
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. Right of Way Acquisition Description
Ident. No. 67
Three (3) parcels 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:
Parcel 1 being that portion of the tract of land described in Book 613,
Page 117, (Deed) of the Washington County, Oregon, Records (T.L. 2800, Map
2S-1-12A) which falls between a centerline and a line 30 feet westerly and
30 feet easterly 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.
Parcel 2 being that portion of the tract described in said Book 613, Page
117, which falls within the following described parcel:
Beginning at a point that is N 89040'44" E, 20.00 feet and N 00'16156" W,
1250.80 feet and N 89'43'04" E, 20.00 feet from an iron pipe with a
brass disc inside of the recognized 1/16th corner noted as Point "P"
on County Survey No. 13,247, said beginning point also bears S 00016'56" E,
1376.45 feet and N 89043'04" E, 40.00 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; thence from the Point of
Beginning N 0'16'56"W , 49.33 feet to a point; thence N 88156'51" E.
49.33 feet to a point; thence S 1'03'09" E, 10.00 feet to a point of
curve; thence southwesterly along a 40.00-foot radius curve to the
left (through a central angle of 89013'47"), 62.294 feet (long chord
bears S 44'19'57" W, 56.187 feet) to a point; thence S 89'43'04" W,
10.00 feet to the Point of Beginning.
EXHIBIT "B"-1
`IdeAt. Nc. 67
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Page 2
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Parcel 3 being that portion of the tract of land described in Book 613,
Page 117 (Deed), of the Washington County, Oregon, Records (T.L. 2800, Map
2S-1-1A) which falls between a centerline and a line 30 feet southerly at
right angles and parallel to said centerline, said centerline being described
.s follows:
Beginning at a point that is the centerline intersection of S.W.
72nd Avenue and S.W. Bonita Road, said beginning point is N 89'43'04" E.
20.00 feet and S 0'16156" E, 1307.38 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
at Point "B" on County Survey No. 13,247; thence N 88'56'51" E,
518.73 feet to the end of said centerline. A O.S.H.D. highway right
of way pin lies N 1103'09" W, 20.00 feet from the end of said centerline.
11/24/81 CRC
80.194.118
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EXHIBIT ^B"-2