Resolution No. 83-21 { CITY OF TIGARD, OREGON
RESOLUTION NO. 83-,,,2,1
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF A
CERTAIN RIGHT-OF-WAY FOR THE TIGARDVILLE HEIGHTS LOCAL IMPROVEMENT
DISTRICT No. 28, DIRECTING AN ATTEMPT TO AGREE WITH THE OWNERS AS TO
COMPENSATION THErEFOR, 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 February 28, 1983; and
WHEREAS, it appearing to the Council that an improvement project has
been approved for the Tigardville Heiy:its Local Improvement District No.
28 which provides for the improvement of S. W. 97th Avenue and McDonald
Street; 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 said streets be
improved and that the right-of-way hereinafter described be acquired; and
WHEREAS, it appearing to the Council that the proposed improvements are
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 that the city, in connection
with the improvement of S.W. 97th Avenue and McDonald Street, exercise
its power of eminent domain, if required, by acquiring tha 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 condem-
nation, if necessary, of the following described right-of-way will
provide for the improvement of S.W. 92nd Avenue and McDonald Street 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,
RESOLUTION NO. 83-Ll
Page 1
and the damages, if any, for the taking thereof and, should the Public
Works staff and the owners be unable to agree, then the City Attorney
for the City of Tigard shall be, and hereby is, authorized and
directed to institute all necessary proceedings for the InLnediate
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.
PASSED: By the Council on the 2X day of 1983.
ol
Mayor - City of Tigard
ATTEST:
City Recorder - Cert of Tigard
RESOLUTION NO. 83-_, 1
Page 2
I
EXHIBIT "A" Re: Tigardville Heights
L.I.D. #29
�. T/L 104
STREET DEDICATION Deed Book 856, Page 91 _
Mawhirter
KNOW ALL MEN BY THESE PRESENTS, That
Arlie Leon and Irene Mawhirter, husband and wife
hereinafter called grantor(s), for the sum of $ 3,000.00 constituting the
actual consideration for this deed, do hereby give, grant and dedicate to the Public
a perpetual right-of-way and easement for street, road acid utility purposes on, over,
acrctls, %--der, along and within the following described real premises in Washington
County, Oregon: A strip of land in the northwest 1/4 of Section 11 T-2S, P_-1W, W.M.
Washington County, Oregon being more particularly described as follows:
The north 30.00 feet of that tract of Mand described ir. need Book 856,
Page 91 Deed Records, Washington County, Oregon.
Containing 2,000 sq. ft.
To have and to Hold the above described and dedicated rights unto the Public
for the uses and purposes hereinabove stated.
The grantor(s) hereby covenants that he (they) are the owners) in fee simple
and have a good and legal right to grant his (their) rights above described.
IN WITNESS WHEREOF the undersigned person(s) has (have) hereunto set his (their)
hand(s) and seal(s) this day of 1979.
(Seal) (Seal)
(Seal) (Seal)
j
(Seal) (Seal)
• EXHIBIT "A"
Re: Tigardville Heights
L.I.D. 129
t
T/L 200
STREET DFOIC.ATION Deet? Book 565, Page 58
Mawhirter
KNOW ALL MEN BY THESE PRESENTS, That
Arlie L. and Irene Mawhirter, husband and wife
hereinafter called grantor(s), for the sum nf $2.547.29 constituting the
actual consideration for this deed, do hereby gi.vc, grantLind dedicate to the Public
a perpetual right-of-way and casement for street, road and utility purposes on, over,
across, under, along and within the following, described real premises in Washington
County, Oregon: A strip of lana in the northwest 1/4 of Section 11 T-2S, R-1W. W.M.
si3-hington county, Oregon being more particularly dgcrribed
.z �...... _ e`uiiuws-
Beginning at the northwest corner of Lot 28 of Tigardville Heights; thence: S-0119'
00"-W 20.00 feet alon; the centerline of S.W. 97th Avenue; thence S-8844'00"-E 25.00
feat parallvi with the centerline of S.W. Mcnnnald Street to the "True Point of Begin-
riling"
....
-ii�ng on the so,•therly right-of-way line of s_14_ McDona'au Street; thence: continuing
feet;S-88°44'00"-E 95.00 et; thence: S-01'19'00"-W 10.00 feet; thence: N-88144'00"-W 75.01
feet; thence: along the arc of a 15.00 foot radius curve having a central angle of 89'
57'00" (the chord of which bears S-46'17'30"-W 21.20 feet) the arc distance of 23.55
feet being to the right of the chord; thence: S-01'19100"-W 125.01 feet; thence: N-88'
44'00"-W 5.00 feet; thence: N-01'19'00"-E 150.00 feet to the True Point of Beginning.
( ontaining 1.698.19 sq. ft.
To have and to Hold the above described and dedicated rights unto the Public
for the uses and purposes hereinabove stated.
The grantor(s) hereby covenant;; that he (they) are the owners) in fee simple
and have a good and legal right to grant Lis (their) rights above described.
IN WITNESS WHEREOF the undersigned person(r) has (have) hereunto set his (their)
hand(s) and seal(s) this day of 1979.
r.
(Seal) (Seal)
T(Seal) (Seal)
r
_-(Seal) (Seal)