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Resolution No. 93-06 s F CITY OF TIGARD, OREGON RESOLUTION NO. 93-_Lk A RESOLUTION )ECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON S.W.72nd AVENUE AND THE FULL USE AND ENJOYMENT BY THE PUBLIC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID REAL PROPERTY. WHEREAS, pursuant to Oregon Revised Statutes Chapter 223, 281, and 35, the City of Tigard is authorized to appropriate any private real property and interest th.erain for any public use for the general benefit and use of the people of the City, including but not limited to rights-of-way and property adjoined thereto; and WHEREAS, for the health, safety, benefit, and general welfare of the public, the City of Tigard plans to construct the S.W.72nd Avenue extension to Pacific Highway, and to protect the full use and enjoyment by the public of such street improvements; and WHEREAS, it appearing to the City Council that the proposed improvements are most compatible with the greatest public good and the least private injury or damage; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: r Section 1: The City of Tigard does hereby find and declare that there is needed and required for the location, construction, operation, maintenance, repair, and improvement of the S.W. 72nd Avenue extension, real property and interest therein more particular set forth and described in Exhibit A attached hereto and by this reference incorporated herein. Section 2: The location, construction, operation, maintenance, repair, and improvement of the S.W. 72nd Avenue extension improvement project for which the real property and the interests therein described in Exhibit A are required are being taken as necessary in the public interest and said street improvements have been planned, designed, located, and will be constructed in a manner that will be most compatible with the greatest public benefit in the least private injury or damage. � I Section 3: The City of Tigard and its designees are hereby ( authorized to attempt to agree with the owners and other persons in interest in the real property and interests described in Exhibit A as to the compensation to be pai '- d for he appropriation of the property, and, in the event that np satisfactory agreement can be reached, then the attorneys for the City of Tigard are hereby directed and authorized to commence and prosecute to final determination such proceedings as may be necessary to acquire the real property and the interests therein and that upon the filing of such proceeding, possession of real property and interest therein may be taken immediately. APPROVED: By (,l�1Ci✓f'1� - C.��-i2� - J qte of Council on the 9th day of February , 19 O � ayor - ity of Tigard LC t <Reity corder - City of Tig d r ga/res-72 99.row Y, RESOLUTION NO. 93- O'�e Page No 2 ■� �..- $...rte s� �'_.r -� ._.,o'er_ ��. .. _. r 4 4 3 Exhibit "A" (� E DESCRIPTION * tract of land situated in Section 36, Township 1. South, Range 1 West, Willamette Meridian, and being a part of Lots 5 and 6, FRUITLAND ACRES, Washington County, Oregon, being more particularly described as follows, to wit: Beginning at an iron rod in the Easterly right of way line of Southwest 72nd Avenue, which iron rod bears North 276.21 feet from the Southwest corner of said Lot 6, FRUITLAND ACRES, from said place of beginning, thence continuing i North 132.60 feet to the Southeasterly right of way line of state highway; thence Northeasterly along said Southeasterly right of way line on a curve to the left have a radius of 1462.5 Feer a d .c,anra of 26.74 fee, ro an iron pipe; thence leaving said Southeasterly right of way line South 43029130" East 202.62 feet to an iron pipe; thence South 870377 West 25.43 feet to an iron pipe; thence South 89049` West 135.35 feet to the place of beginning. 3 =OEM s S n s t ti aa m NE COA.G.R. 1 600 RICHARDSON DLG 83 1 t P.P9Ac. s 1 I ' 700 1 .t 800 I0.57Ac. a I 1 ryl �� L16/469 900 �'9 kAG COR L — FI 3.5/Ac g f x 2S X + i I m 00 , T d- 1000 1000 i(C.S.N0.11380) /.2/Ac. I a� 4,0 I N4602dE a + 901 I r 1101 .72Ac. 2 ,O .33Ac. r0� 4 1200 Y1 n 0.12Ac. i 133.89 1300 1 51100 CD .25Ar' el i o i 1 i 6 m M I 1 i w m 1302 - N y .39Ar. t Q t 39.2 w -- r.., ,-, -- J 1 ! T 1 2300 t0 w 1 ~ 7.75Ac. t 28 133_84 L _ ]8.7139.92 t9lO 966= �. — 9 6_2 9 377.70 902 ^ T.94AG 7 p 25