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Resolution No. 93-34 iftyCITY OF TIGARD, OREGON RESOLUTION NO. 93- 7 A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF INTERES'T'S IN CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF THE INDUSTRIAL AREA SANITARY ,EWER CAPITAL IMPROVEMENT PROJECT, A17D AUTHORIZING THE CONDEMNATION OF THE REAL PROPERTY INTEREST. W HEREAS, pursuant to Oregon Revised Statutes Chapter 223, 281, and 35, City of Tigard is authorized to ann.ronr prP i-t -___rtt +n rnn, - --._ -�._ --- for any public use for the general benefit and use of the people of the City, including but not limited to permanent easements and temporary construction easements; and WHEREAS, City Council has authorized funding for the construction of the Industrial Area Sewer capital improvement project; 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 Industrial Area Sewer, interests in real property more particularly set forth and described in Exhibit "A" through "C" attached hereto and by this reference incorporated herein. Section 2: The location, construction, operation, maintenance, repair, and improvement of the industrial Area Sewer capital improvement project for which the interests in the real property described in Exhibit "A" through "C are required are being taken as necessary in the public interest and the sewer improvements have been planned, designed, located, and will be constructed in a manner that will be most compatible with the greatest public benefit and the least private injury or damage. Section 3: The City of Tigard and its designees are hereby authorized to attempt to agree with the owner of the real property and interests described in Exhibit "A" through "C" as to the compensation to be paid for the appropriation of the property and in the event that no satisfactory agreement can be reached, the attorneys for the City of Tigard are hereby directed and authorized to commence prosecution to final determination such proceedings as may be necessary to acquire interests in RESOLUTION NO. 93- Page 1 _ a the real property and that upon filing of such proceeding, possession of the interests in the real property may be taken immediately. PASSED: This c�,( I—� dart' f ,1 993. ,,Mayor - City f igaid ATT {C'ity Recorder — City of Ti and dj/GB:Acqu1s1t1on.Res f: k. RESOLUTION NO- 93-� Page 2 Exhibit "A)' PERMANENT SANITARY SEWER EASEMENT Aact of land In theon want half alfofDragon.Section 1. ed Township follw.South.Range 1 Wasp Willamette Meridian, City of Beginntng at the most westerly corner oI the tract conveyed to Co.Manufocluring Company by deed I...Ided as fee numbor 81042494th Washington County Deed Recordr, then..North 46'50 East, on the northwesterly line of acid Coo tract,38.68 fact; thence South 06'53'05'East,43.52 feat to the eOuthweatarly line of sold Co.treat; thence North 64'35'West,— sold southwesterly Ilne, 35.69 feet to sold point of beginning. Reference Survey C.S. 17,140 TEMPORARY CONSTRUCTION EASEMENT A tract of land In the went half of Section 1,Township 2 South,Ranj.1 West,Willamette M-1allan,City of Tigard,Washington County,Oregon,de—reed as follows•. -- Beginning at the most westerly comer of that tract n yed to Coe Mrnufacludmil pony by dead recorded of fee number 8042494 In Wcahington County Daed Records;then..North 48.5D' Eaat. — the northwesterly line of said Coe tract,38.68 fast to point being the TRUE POINT OF BEGINNING; thence continuing on the northwesterlyNorth-46-50- line of said Co.Coe treat, East,21.32 feet; thence South South 08'52'30 East,67.61 fast to line Una of old Coe tract,thonca North 64435 Went, an sold eouthwaatedy Tina,21.31 teat; thence North 08'53'05':Vests 43.59 foot to the TRUE POINT OF BEGINNING. e.........re 17110 ' HLNZrkpR S�far SCALE 1- 40' � o� 5 T.P.O.B. ?� PROPERTY PERMANENT UNE EASEMENT N P.O.B. / 20.00' EXISTING 20' TEMPORARY EASEMENT EASEMENT PROPERTY o0 9 LINE XIST. ry$ MANHOLE PROP. SANITARY SEWER .� y`f� 'OSED EXISTING 20'EASEMENT� ,yo !ANENT EASEMENT-\, r PROPOSEDTENPOR;.RY EXI^.T1NC / C::STRUC..TOtI E.'.SElAE.`:T =oma 7 SANITARY SEWER ( I N64'35'OO"W ,3 70.90' )SED SANITARY SEWER N413'0'E rY PROPOSED MANHOLE- 44.00 t COE MANUFACTURING SCALE 1" = 200' 1 d F}Cf;I9IT g MAP EXHIBIT r"I A PORTION OF W.W.GRAHAM D.L.C.No.39,T 2 S,R 1 W,W.M., ( CITY OF TIGARD WASHINGTON COUNTY,OREGON POINT OF BEGINNING S 44'12 16.34' O {�T •sem' � 1�l a c s SANITARY SEWER EASEMENT �clA \' SCALE:1"=!>o- 00 "=50' A X ,; `! o. Gia O Ln ... N N Fj Q� W 3 J� 10 2 L0 0 b 1 PARCEL d/II (FEE NO. 86050410 { PREPARED BY: COMSTOCK NORTHWEST, INC. 2450 S.E.BELMONT STREET PORTLAND,OREGON 97214 (503)234-8112 hM = M we __ EXHIBIT "C" TEMPORARY CONSTRUCTION ACCESS EASEMENT The paved traveled way through a tract of land conveyed to Coe Manufacturing Company by deed recorded as fee number 8042494 in Washington County Deed Records. d]/GB:Acquistion.1g1 i F