Resolution No. 84-36 R Ident #29/Whitlach
9 CITY OF TIGARD, OREGON
RESOLUTION NO. 34- 3
_ A RESOLUTION DECLARING THE NECESSITY AN- PURPOSE FOR ACQUISITION OF CERTAIN
RIGHTS-OF-WAY AND EASEMENTS FOR 72nd AVENUE AREA LOCAL IMPROVEMENT DISTRICT,
IRECTI11C AN ATTEMPT To AGREE WITH OWNERS AS TO COMPENSATION: 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 May 14, 1984; 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, iL appearing to the Council that the City Council has
authority under CRS Chapter 35 to acquire rights-of-way and easements
therefrom by purchase, condemnation proceedings or any other means; and
WHEREAS, it appearing to the Council chat is 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 and easements 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:
I. 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 and easements 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 and easements 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 and
easements being described in Exhibit 'A", "B", and "C" ateacl—d hereto and
incorporated herein.
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RESOLUTION NO. 84- 36
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-., ,Y
are situated with respect to the compensation to be paid therefor, 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 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 and easements.
I
PASSED on this q day of y ice�-
1984.
Mayor pro tem - City of Tigard
ATTEST:
Deputy City Recorder - City of Tigard
(br/1538A)
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RESOLUTION NO. 84- 36
f
EXHIBIT A
RIGHT-OF-WAY
A parcel of land in the N.E. < of Section 12 of T. 2S, R 1W, W.M.,
in the City of Tigard, Washington County,
larly described as follows: Oregon, more particu-
Beginning at a point that is N 01 16' 56" W, 1248.903
S 89- 43- 04" n; 10 feet fra feet and
ized 1/16th��
inside at the recogncornerpiPe noted�as brass dsc
County Survey No. 13,247, said beginning point also being S 0*
16' 56" E, 1378.363 feet and S 89* 43' 04" W, 10 feet from a
stone at the recognized N.W_ corner of the East 3i of the N.E.
of said Section 12, noted at Point "B" on County Survey No.
13,247; thence northwesterly along a -10.00rf-oot radius curve to
the left (through a central angle Of 90° 47' 48") , 63.39 feet
N18ng Shord6bears40.70 feet011
° 5to a,56.96 feet) to a point; thence
40.70 feet to the Point of Beginniingnt; thence S 0° 16' S6" E,
i
EXHIBIT B
PERMANENT EASEMENT FOR A STORM DRAIN
Being over that portion of the tract described in Fee No.
81-018910 of the Washington County, Oregon deed records that
falls within a 25 foot wide strip of land the centerline of
said strip !being 12.5 feet on each side of said centerline)
being more particularly described as follows:
Beginning at a point that is N 89 40'44" E 20.00 feet and
N 0 16'56" W 1160.14 feet and S 89 02'56" W 30.00 feet from
an iron pipe with a brass cap inside at the recognized 1/16th
corner (the northwest corner of the N.E. 1/4 of the S.E. 1/4
of Section 12, T2S, R1W, W.M.) shown as Point "P" on County
Survey No. 13,247, said beginning point is also N 89 43104" E
20.00 feet and S 0 16156" E 1467.11 feet and S 89 02156" W
30.00 feet from a stone at the recognized northwest corner of
the East 1/2 of the N.E. 1/4 of said Section 12, shown as
Point "B" on County Survey No. 13,247; thence along said
centerline S 89 02156" W 50.00 feet to the end of said
centerline.
This permanent easement is granted for the purpose of laying,
constructing, replacing, and maintaining storm drainage lines
thereunder, and the easement herein granted shall include the
right for the Grantee to go over, across and under said land for
the purpose of installing said storm drainage lines and
maintaining and repairing them, but reserving to the grantors
the title to the lands, subject to the easement, and the right
to make such use thereof, except to construct buildings, as
will not interfere with the uses and purposes of the easement.
EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENTS
Beginning: July 19, 1982
Terminating: November 1 1983
1. That portion of the tract described in Fee No. 81-018910 of
the Washington County Deed Records (TL 2000, Map 2S-1-12A)
that falls between a line 40 feet northerly at right angles
and parallel to the centerline as described in Exhibit B
above, the most sontherly boundary of the tract above-
mentioned and between the most easterly boundary (being the
westerly Right-of-Way of S.W. 72nd Avenue) and the most
easterly-west boundary of the said tract described in Fee
No. 81-018910 of the Washington County Deed Records.
2. That portion of the tract of land described in Fee No.
81-018910 of the Washington County Deed Records (TL 2000,
Map 25-1-12A) which falls between a line which is 30 feet
westerly at right angles and a line which is 50 feet at
right angles, both lines parallel to a certerline 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;
f- 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,
Except that portion lying within the temporary construction
easement described in parcel No. 1 above and that portion
lying within the right-of-way described in Exhibit A.
3. That portion of the tract of land described in Fee No.
81-018910 of the Washington County Deed Records (TL 2000,
Map 2S-1-12A) which falls between a line 30 feet southerly
at right angles and a line 40 feet southerly at right angles,
both lines being parallel to a centerline described as
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' 16' 56" 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 S 88' 55' 16" W, 737.15
feet to the end of said centerline. A 5/8 inch rod lies N.
1' 4' 44" W, 20.00 feet from the end of said centerline.
Except that portion lying within the right-of-way described
in Exhibit A.
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