Resolution No. 82-131 CITY OF TIGARD, OREGON
RESOLUTION NO. v2-
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISTION OF A
CERTAIN RIGHT-OF-WAY FOR THE 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT,
DIRECTING AN ATTEMPT TO AGREE WITH THE OWNERS AS TO COMPENSATION
THEREFORE, AND AUTHORIZING CONDEMNATION PROCEEDINGS TO ACQUIRE SAID
RIGHT-OF-WAY_
WHEREAS, the above-entitled matter came on before the Council of the
City of Tigard at its regular meeting of November 15, 1982; and
WHEREAS, it appearing to the Council that an improvement project has been
approved for the 72nd Avenue Area 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 from property owners 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 improvement 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 Tiqard that the city, in connection
,. with the improvement of 72nd Avenue, exercise its power of eminent
domain, if required, by acquiring 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 purchase or by condemna-
tion, if necessary, of the 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" attached hereto and
incorporated herein.
3. That the staff of the Public Works Department shall attempt to
agree with the owners of the property 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 t'^^-eof and, should the Public Works
RESOLUTION NO. 82- 131
Page 1
staff and the owners be unable to agree, then the City Atcorn:y for. the
City of Tigard shall be, and hereby is, authorized and directed to
institute all necessary proceedings for the immediate condemnation 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.
4. That this Resolution expressly supersedes Resolution No. 82-79,
and Exhibit "A" attached thereto, adopted by the Tigard City Council on
July 26, 1982, to the extent such Resolution relates to the property
described in said Exhibit "A".
PASSED: By Council on the i,' _day of 1982.
Mayor - City of Tigar
ATTEST:
City Recorder - of Tigard
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RESOLUTION NO. 82 %i/
Page 2
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Right-of-Way Acquisition Description EXHIBIT "A"
Ident. No. 8 Page 1 of 3
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 426, Page 281 (Deed), of the Washington County, Oregon, records
(T.L. 400, Map 2S-1-1DC) which falls between a center line and a line
25 feet westerly at right angles and parallel to said center line, said
center line being described as follows:
Beginning at a stone in a monument box at the easterly S.E. corner
of the W.W. Graham C.L.C.; thence N 0053'23" 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 Initi4l Point of the plat of "Hermosa Park" at the end of
said center line.
Parcel 2 - Being that portion of the tract of land described in Book 426,
Page 231 (Deed), of the Washington County, Oregon, records (T.L. 400,
"lap 2S-1-1DC) which falls within the following described parcel:
Beginning at the intersection of the westerly right-of-way of S.W.
72nd Avenue (County Road No. 472) (an existing 40-foot :vide right-of-
way) and the northerly right-of-way of S.W. Cherry Drive (an existing
dedicated 40-foot wide right-of-way); thence northerly along the said
westerly right-of-way of S.W. 72nd Avenue, 20.00 feet, more or less,
to a point that is westerly 20.00 feet at right angles to the center
line of said S.W. 72nd Avenue; thence westerly at right angles to the
said west right-of-way of S.W'. 72nd Avenue, 5.00 feet to a point of
curve; thence southwesterly along a 15.00 foot radius curve to the
right (the radius point of said 15.00 foot radius curve lies 40.00
feet westerly at right angles to the center line of said S.W. 72nd
Avenue and 40.00 feet northerly at right angles to the existing
center line of said S.W. Cherry Drive), through a central angle of
90000', more or less, 23.6 feet, more or less, to a point that is
5.00 feet northerly at right angles to the north right-of-way of
S.W. Cherry Drive; thence westerly, parallel to the existing
Right of :day Acquisition Description EXHIBIT "A"
Ident. No. 8 Page 2 of 3
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northerly right-of-way of S.W. Cherry Drive 10.00 feet to a
point; thence southerly at right angles to the said northerly
right-of-way of S.W. Cherry Drive, 5.00 Peet to a point on the
north right-of-way of said S.W. Cherry Drive; thence easterly along
the said northerly right-of-way of S.W. Cherry Drive, 30.00 feet,
more or less, returning to the Point of Beginning.
10/25/82
80.194.118
Page 3 of 3
�--2" Iron Pipe at the N.E. Corner of t e'
W,W. �rnhnnr U.L. e, ale. the Initla
Point of the Plat oP
Additional Right of Way "HERMOSA PARK"
Scale: I- 50'
Date:
u/
.� Ri yht_uf 41ay C_urve_Da to
90000' r
M / Radius = 15.0o
/ A_,.0 :: 23.6
lanyent = :5 cn ' I
PARCEL 1 /
As se=_srlent !dent. No. 8 /
Tax Lot No. 400 /
( Tax Map No. 2S-1-1DC 20' 20' /
Owner: Anthony J. Maksym and
Y.at-alee A. Maksym 5'I w j
Deed Reference: Book 426,
Page 281
Additional Right of !day
Contains 833 Square Feet
more or less. N/
1 ^ /
r
PARCEL 2_ --- -5'(
- r
oN(Slat of Rolling '{ills No.2
Existing Cente 1 n /
-S.1.1. CHE RI1Y DRIVE I j
Centerline of Futu�e 60'
Right of Way to Much /
Existing Centerline of Cherr = /
Drive to the West. _
j
[
S.W. SANDDURG STREET
Stone in Monument Do7atll,
-�
Easterly S.E. Corner of the
W.W. Graham D.L.C. \ ,
v •
DeHAAS&ASSOCIATES,INC- RIGHT OF WAY ACQUISITIONJMAPCONSULTING ENGINEERS 8 SURVEYORS LID No. 21
..e C c.nf.. Isom wxsunCITY OF TIGARD, OREGO
9.5D 5 n f; ce Cnel. Pe.EM-B1Y5
iisnnrrre.(�reAon 9I0)O
File No. 80.194.118
Project: S,'J_72nd_Avenue Area - LID No. 21
Assessment Ident. No. :
Tax Lot No.:
(' Tax Map No.: 25-1-1DC
Deed Reference: _Book 426, Page 281
I- CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS That Anthony L.-Mak—ayw and Kard1ee__P.__Ma_ks_ym
of the County of , State of , in consideration of the
sum of Dollars ( - ) to them in hand paid, do
---— ----_ - - - -
hereby grant and- convey unto the City of Tigard, a municipal corporation
organized and existing under the laws of the State of Oregon, a Construction
Easement, across and under the following described real property situated
in the County of Washington, State of Oregon, to-wit:
A 10 foot wide strip lying westerly of, parallel and adjacent
to the westerly right-of-way (50 foot wide, 20 feet west from
center line) of S.W. 72nd Avenue, and a 10 foot wide strip lying
northerly of, parallel and adjacent to the northerly right-of-way
of S.W. Cherry Drive (40 foot wide), said strip adjacent to S.W.
Cherry Drive shall begin at the westerly right-of-way of S.I.-J.
72nd Avenue and continue westerly 70 feet to the end of said
strip. Said strips being a portion of that property described
in Book 426, Page 281, Washington County, Oregon Records.
Excepting there from that portion to dedicate for road purposes.
See attached sketch.
- This Construction Easement is granted solely for the purpose of constructing
street improvements (L.I.D. 21). Said Construction Easement shall cease to
exist Thirty (30) days from the date of Certification of Completion of
L.I.D. 21 by the Engineer.
Grantors covenant to and with Grantee that they will not in any manner
interfere with or restrict, except as herein stated, Grantee's use of
said easement.
This Construction Easement is granted with the understanding that any work
done by the City of Tigard pursuant hereto will be so done as to leave the
premises herein described in a condition reasonably similar to the previous
state thereof when any work is finished thereon.
TO HAVE AND TO HOLD THE Herein described Construction Easement unto the
City of Tigard, its successors and assigns, forever.
Page 1
Construction Easement
2" Iron Pipe at the N.E. Corner of th,!
w.w. nhar„ o.L. c.
It*
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Point of the flat o
Additional flight of Way i. "HERhtOSA PARK"
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1 R Scale: 1"= bo'
Dlte:
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Right. of _Way.Curve Data
Radius - 15.00
r / Arc 23.6
/ Iangent = /Sao
PARCEL_1� /
?U'f
As sessinent Idem. No. S
Tax Lot No. 400 /
Tax Map No. 2S-1-IDC ,20'
Owner: Anthony J. hlaksym and
I: ralee A. blaksy
Deed R.'ferr_nce: Bok 4266,
Page 2,11 'z /
Additional Right of {day
6ontarru 833 ;yua ro feet /
inre or less.
PARCEL 2 1 r
o (see Plat of Rolling I{ills Ian_?
Existing Cen to-1 im
�I .W. CHERRY DRIVE 1 j
—Centerline of Future 50'
Right of WaY to klatch -�
Existing Centerline of Cherry = /
Drive to the West. _
SANDQLIRG STREET
llStone in MonumentBoy. at th
Easterly S.E. Curner 0f the r
W.W. Graham D.L.C.
®eHAAS&ASSOCIATCS,INC. RIGHT OF WAY ACQUISITION I'iAP
CONSULTING ENGINEERS S SURVEYORS LID No. 21
eine ue nuc.e' 'n.:`aie-- CITY OF T I GARD, (OREGON
SX W i mCr.cl�
'+.. Wr,on �,fyon 0/p1B
File No. 80.194.118
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