Resolution No. 95-21 CITY OF TIGARD, OREGON
RESOLUTION NO. 95-_,_
A RE SOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON SW
BURNHAM STREET AT MAIN STREET AND SHE FULL USE AND ENJOYMENT BY THE
PUBI,IC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID
REAL PROPERTY.
WHER AS, pursuant to Oregon Revised Statutes Chapter 223, 281, and 35,
the City of Tigard is authorized to appropriate any private real
property and interest therein 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, in the Capital Improvement Program the Planning Commission
recommended that SW Burnham Street be widened at Main Street to provide
an additional turn lane at the intersection and improve the sight
distance for vehicles; and
WHEREAS, for the health, safety, benefit, and general welfare of the
public, the City of Tigard plans to construct street improvements along
SW Burnham Street at Main Street, 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 greatest public good and the least private
injury or damage;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
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 SW Burnham Street at Main Street, real
property and interest therein more particularly 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 SW Burnham Street at Main
Street 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.
Section 3: The City of Tigard and its designees are hereby
RESOLUTION NO. 95- ,,)l
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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 paid
for the appropriation of the property, and, in the event
that no satisfactory agreement can be reached, then the
att ornevs for the City of Tigard are hereby directed and
authorized to commence and prosecute to final
determination suc -i 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.
PASSED: This day of , 1995.
s
N,ay City of Tigard
ATTEST: �-
9 City Recorder - City of Tigardv
g-ln-ROW-...
RESOLUTION N0. 95-
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EXHIBIT"All
A tract of land in;section 2,Township 2 South,Range 1 West of the Willamette Meridian,
in the County of Washington and State of Oregon.
Beginning at an iron pipe in the center of Taylor's Bridge Road set for the most Northerly
corner of,the Burnham Tracts;ruining thence North 53'30'East along the center of said
road 47.1 feet to an iron bar;thence South 45°27'East 115 feet to a stake; thence South
53°30'West parallel with said road,47.1 feet to the line of Burl�bam Tracts; thence North
45°27'West following said Burnham Tracts 115 feet to the place.of the beginning.��.a�