Resolution No. 11-45 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 11- �
A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE
OF CONSTRUCTING, OPERATING AND MAINTAINING A POTABLE WATER PUMP
STATION AS PART OF THE LAKE OSWEGO-TIGARD WATER PARTNERSHIP AND
AUTHORIZING IMMEDIATE POSSESSION OF THE PROPERTY
WHEREAS,the City Charter grants the City of Tigard ("City") the authority to acquire land for public
purposes;and
WHEREAS, the City is authorized by ORS 223.005 ct 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 purpose provided in those statutes;and
WHEREAS,the cities of Tigard and Lake Oswego are working together to develop a new water system
that will meet both communities'future water needs;and
WHEREAS, the new water system necessitates the construction of several capital improvement
projects,including the potable water pump station;and
WHEREAS, the potable water pump station will move water, via Tigard's distribution system, to
customers and to several storage facilities;and
WHEREAS,the City needs to acquire real property on which it can construct,operate and maintain the
potable water pump station;and
WHEREAS,the best location for the potable water pump station is a vacant, 1.8-acre parcel located on
Milton Court("Property' because it:
• Is located in close proximity to emergency interties and existing water transmission pipelines
within Bonita Road.
• Enables the city to distribute water to customers in the 410- and 470-foot zones and transmit
water directly to several reservoirs.
• Allows the city to maintain water quality standards throughout the system and when
transitioning from Portland to Lake Oswego water.
• Involves the least private injury;and
WHEREAS, immediate possession of the Property is necessary due to the time and resource
constraints of getting the new water system online by 2016;and
WHEREAS, the acquisition of this Property is necessary is for the health, safety, benefit, and general
welfare of the public and to operate the water system that serves 58,000 customers who reside in the
Tigard Water Service Area.
50014-70301Itenr05 Attl Resolution.docxal]2/13/2011
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City 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, and maintenance of a potable water pump station to provide
water to the 58,000 customers within the Tigard Water Service Area. This Property is
described and depicted in Exhibit A; this exhibit is incorporated herein by this
reference.
SECTION 2: The City does hereby find the acquisition of the Property is necessary and is in the
public interest, and the improvements to the Property will be planned, designed,
located and 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 manager, city's agent, and the city's real estate attorney are authorized to
negotiate with the owners and other persons who have an interest in the
compensation for the Property.
SECTION 4: In the event that no satisfactory agreement can be reached on the Property purchase,
the city's real estate attorney is directed and authorized to commence and prosecute
to final determination such proceedings as may be necessary to acquire the Property,
including exercise of eminent domain, and upon the filing of such proceedings,
possession of the Property therein may be taken immediately to the extent provided
by law.
SECTION 5: This resolution is effective immediately upon passage.
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PASSED: This day of 1. int-fy) kX"L-2011.
i
yor—City of Tigard
ATTEST:
OyunciC. 1 : Sldtnf
City Recorder- City of Tigard
50014-70301Iteni05 Attl Resotution.doc IA/12/13/2011
EXHIBIT"A"
ALL OF LOT 2 AND A PORTION OF LOT 1, -BONITA INDUSTRIAL PARK" A PLAT OF
RECORD IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH,
RANGE 1 WEST WILLAMETT'E_MERIDIAN,,_ CITY, OF .TjriARD, WASTIINGTO-I__
COUNTY, OREGON SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE MOST WESTERLY LINE OF SAID LOT 1, WHICH
POINT BEARS NORTH 04020'02" WEST 41.46 FEET FROM THE MOST WESTERLY
SOUTHWEST CORNER OF LOT 1 SAID POINT OF BEGINNING ALSO BEING ON THE
EAST RIGHT OF WAY LINE OF SW MILTON DRIVE, AND RUNNING THENCE NORTH
99017'03" EAST 251.59 FEET TO A POINT ON THE EAST LINE OF SAID LOT I;THENCE
ALONG THE BOUNDARY OF SAID LOT 188.30 FEET ALONG THE ARC OF A 1736.73
FOOT RADIUS NON TANGENT CURVE TO THE LEFT (THE LONG CHORD OF WHICH
BEARS NORTH 19°19'09" WEST 188.21 FEET) TO THE SOUTHEAST CORNER OF SAID
LOT 2; THENCE SOUTH 73°02'59" WEST, ALONG THE SOUTH LINE THEREOF, 226.46
FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE 118.20 FEET ALONG
THE ARC OF A 505.00 FOOT RADIUS NON TANGENT CURVE TO THE RIGHT (THE
LONG CHORD OF WHICH BEARS SOUTH 13023'34" EAST 117.94 FEET) TO THE POINT
OF BEGINNING.
CONTAINING 79361 SQUARE FEET TOTALLY, MORE OR LESS.
THE PURPOSE OF THIS DESCRIPTION IS TO ACCOMPLISH A LOT LINE ADJUSTMENT.
50019-70301 lten105 Attl Resolution.docxWI2.73,2011
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