Resolution No. 10-74 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO 10— 7A)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON
DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF
COMPLETING THE GRANT AVENUE/MAIN STREET SEGMENT OF THE
FANNO CREEK TRAIL IN THE CITY OF TIGARD AND ASSOCIATED
GREENWAY AND AUTHORIZING IMMEDIATE POSSESSION OF THE
PROPERTY.
WHEREAS, the Tigard City Charter grants the City authority to acquire land for public purposes;
and
WHEREAS, the City of Tigard is authorized by ORS 223.005 et seq. and ORS 35.015 et seq. to
purchase, acquire, take,use, enter upon and appropriate land and property within or without its
corporate limits for the purposes provided in those statutes;and.
WHEREAS,the construction of the Grant Avenue/Main Street segment of the Fanno Creek Trail
("Trail")is an approved capital improvement project identified in the City of Tigard Capital
Improvement Plan;and
WHEREAS, the Grant Avenue/Main Street Fanno Creek Trail is a segment of the City greenway
trail system identified in the Tigard Park System MasterPlan, and forms part of the 15-mile long Fanno
Creek Regional Trail, designated as regionally significant by Metro; and
WHEREAS, the favored alignment of this segment goes along the southwest side of the creek due
to physical constraints and the high cost of constructing the Trail in other locations; and
WHEREAS, the City Council has deemed necessary the acquisition of certain properties,including
the Grant Avenue and Main Street segment of the Fanno Creek Trail; and
WHEREAS,immediate possession of the property is necessary due to time and resource constraints
relating to necessary planning and permitting activity for the Trail; and
WHEREAS, this acquisition is for the health, safety, benefit, and general welfare of the public for
the public purpose of completing the official greenway trail system within the City of Tigard.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City of Tigard City Council does hereby find and declare that property located
in the City of Tigard, Washington County, Oregon is immediately needed and
required for the construction, operation, maintenance, repair and improvement of
littp://192.168.109.28/docs/2010/CCliSNS/20101228_145/311_311_311_Resolution of Necessity RES v2(4)(4)edw.doc
the Grant Avenue/Main Street Fanno Creek Trail segment and to create
surrounding greenway. This property is described as follows: property described in
Exhibit "A" attached hereto and incorporated herein by this reference; ancillary
easements as may be needed for construction related purposes; and additional land
as yet undescribed that may be needed to fully accommodate the ultimate section for
the trail in accordance with the final design drawings.
SECTION 2: The extension of the Fanno Creek Trail, for which the real property and interest are
described herein are required and are being taken as necessary in the public interest,
and the improvements to said property will be 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 Tigard City Manager and the City's attorneys are authorized to negotiate with
the owners and other persons in interest in the real property described herein as to
the compensation to be paid for acquisition. The Tigard City Manager is authorized
to enter into an agreement for purchase of this property and interests at the
appraised fair market value. The City Manager is further authorized to negotiate and
execute agreements for purchases that exceed the appraised values as long as the
total agreement amount is less than $75,000. Purchase of property and easements
for amounts that exceed the appraised values and are higher than $75,000 must be
approved by City Council.
SECTION 4: In the event that no satisfactory agreement can be reached on the property and
interests, then the attorneys for the City of Tigard are directed and authorized to
commence and prosecute to final determination such proceedings as may be
necessary to acquire the real property and interests and necessary easements,
including exercise of eminent domain, and upon the filing of such proceedings,
possession of the real property and interests therein may be taken immediately to the
extent provided by law.
SECTION 5: This resolution is effective immediately upon passage.
PASSED: This a� day of ' 2010.
ayor- City of Tigard
ATTEST:
Citycorder- City of Tigard
http://192.168.109.28/docs/2010/CCBSNS/20101228_145/311_311_311_Resolu6onofNecessity RES v2(4)(4)cdw.doc
Legal description
A tract of land situated in the Northeast and Northwest one-quarter of Section 2 Township 2
South, Range 1 West, of the Willamette Meridian, City of Tigard,Washington County, Oregon ,
being a portion of Lot 54 of the Amended Plat of North Tigardville as recorded in the Washington
County Subdivision Records, being more particularly described as follows:
i Commencing at a 1"ironpipe 20.17 feet N42° 12' 37" E from the southeast corner of Lot 54 of the
Amended Plat of North Tigardville as recorded un the Washington County Subdivision Records;
Thence N 42° 12' 37" E, along the easterly line of said Lot 54, a distance of 447.90 feet to The
True Point of Beginning; Thence N 42° 12' 37" E, along the easterly line of said Lot 54, a
distance of 238.30 feet to the center of Fanno Creek and the northeast corner of said Lot 54;
Thence along the northerly line of Lot 54 the following 14 courses also being the center of Fanno
Creek; Thence N31° 31' 13"W a distance of 18.59 feet; Thence N 46° 19' 383'W a distance of
44.15 feet; Thence N 64° 42' 17"W a distance of 59.55 feet; Thence N 78°29' 19"W a distance of
26.14 feet; Thence S 56° 33' 18"W a distance of 30.03 feet; Thence S 30° 54' 01" W a distance of
65.66 feet; Thence S 130 46' 08"W a distance of 25.17 feet; Thence S 24° 21' 25"W a distance of
11.45 feet; Thence S 56° 27' 22"W a distance of 19.64 feet; Thence N 89° 25' 59"W a distance of
16.05 feet; Thence N 770 22' 19"W a distance of 17.09 feet; Thence N 12° 10' 55" W a distance of
25.11 feet; Thence N 00° 55' 48" E a distance of 50.50 feet; Thence N 15°43' 27" W a distance of
45.76 feet to the northwest corner of said lot 54; Thence S 42° 12' 37"W, along the west line of
said Lot 54, a distance of 120.76 feet; Thence S 46°42' 17" E a distance of 76.38 feet to a point of
i curve of a curve to the left; Thence along said curve to the left with a radius of 60.00 feet, a central
angle of 25° 50'41" (a chord which bears S 59° 37' 38" E, 26.84 feet) and a length of 27.06 feet;
! Thence S 72° 32' 58" E a distance of 37.95 feet to a point of curve of a curve to the right; Thence
along said curve to the right with a radius of 40.00 feet a central angle of 43° 48'30" (a chord which
bears S 50° 38' 43" E, 29.84) and a length of 30.58 feet; Thence S 28°44'28" E a distance of 82.31
feet to the True Point of Beginning
Containing 38634 square feet
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