Resolution No. 13-33 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 13- 3
A RESOLUTION DECLARING THE NEED TO ACQUIRE EASEMENTS ON PROPERTIES
FOR THE PURPOSE OF CONSTRUCTING THE MAIN STREET SANITARY SEWER
IMPROVEMENTS ALONG MAIN STREET AND PROPERTY OWNED BY MAIN STREET,
LLC AND MICHAEL DUDUNAKIS 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 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 purpose provided in those statutes;and
WHEREAS, the construction of the Main Street sanitary sewer (the "Project") is an approved capital
improvement project identified in the City of Tigard Capitallmpmvement Plan,and
WHEREAS, the acquisition of the Properties (as defined below) and construction of the Project is
necessary for the health, safety, benefit, and general welfare of the public by addressing a potential
health and environmental risks to the Fanno Creek area due to an existing unsafe sewer line;and
WHEREAS, the City needs to acquire an interest in the Properties (as defined below) on which to
construct and maintain the needed sewer improvements that are part of the Project;and
WHEREAS,immediate possession of the Properties is necessary in order to complete the Project in a
timely and efficient manner;and
WHEREAS, to allow for acquisition of the Properties in a timely and efficient manner, a resolution of
necessity is necessary to allow the City to take all measures necessary to acquire the Properties,including
the exercise of eminent domain,if needed.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City hereby finds and declares that certain properties located in the City of
Tigard, Washington County, Oregon are immediately needed and required for the
Project, which includes construction, operation, maintenance, repair, and
improvement of the Main Street Sanitary Sewer. The properties for which the City
needs to acquire rights of way or easements are legally described and depicted in the
attached and incorporated Exhibits C-1, C-2, D-1, D-2 and D-3 (collectively, the
"Properties").
RESOLUTION NO. 13- 3?j
Page 1
SECTION 2: The City hereby finds that the acquisition of easements, both permanent and
temporary construction, on the Properties,as depicted on the attached Exhibits C-1,
C-2,D-1,D-2 and D-3,is necessary and in the public interest, and the improvements
to the Properties 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 and enter into agreements with the owners and other persons who have an
interest in the Properties as to the compensation for each acquisition.
SECTION 4: In the event that no satisfactory agreement can be reached on one or more of the
easement acquisitions for all or any portion of the Properties, 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 Properties or any portion of the
Properties for which no satisfactory agreement can be reached, including exercise of
eminent domain, and upon the filing of such proceedings,possession of the affected
real property therein may be taken immediately to the extent provided by law.
SECTION 5: This resolution is effective immediately upon passage.
, . rd
PASSED: This 2 day of 2013.
� r
Mayor- ity Jf Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 13-
Page 2
EXHIBIT "C-1"
City of Tigard
Main Street Sanitary Sewer Line
February 21, 2013
Project No. 0330-012
A tract of land, situated in the NE 1/4, Section 2,T.2 S., R. 1 W.,W.M., in the City of
Tigard,Washington County, Oregon; being a portion of that property conveyed to Main
Street LLC, et al., by Deed recorded September 30,2002 as document number 2002-
113691, being more particularly described as follows:
Beginning at a 5/8 inch rod set with a yellow plastic cap inscribed"City of Tigard"at
the southerly comer of said Main Street LLC tract;
Thence along the southwesterly line thereof, North 45022'59"West,385.74 feet to
a 5/8 inch iron rod on the southerly right of way of SW Main Street;
Thence along said right of way, North 57005'52" East, 15.36 feet;
Thence along a line parallel with and 15.00 feet northeasterly of said southwesterly
line, South 45022'59" East,218.08 feet;
Thence South 50°07'41" East, 122.98 feet to the westerly line of that property
conveyed to the City of Tigard by Deed recorded August 1,2000 as document
number 2000061534;
Thence along said westerly line, South 23012'38"West,5.61 feet;
Thence along said westerly line, South 18043'33" East,44.46 feet to the point of
beginning.
Containing 6,199 square feet, more or less.
Bearings per Survey Number 28,308 of Washington County Surveys.
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EXHIBIT "D-1"
City of Tigard
Main Street Temporary Construction Access
February 21,2013
Project No. 0330-012
A tract of land, situated in the NE 1/4, Section 2,T.2 S., R. 1 W.,W.M., in the City of
Tigard,Washington County, Oregon; being a portion of that property conveyed to Main
Street LLC,et al., by Deed recorded September 30,2002 as document number 2002-
113691, being more particularly described as follows:
Commencing at a 5/8 inch rod set with a yellow plastic cap inscribed"City of
Tigard"at the southerly corner of said Main Street LLC Tract;
Thence,along the southwesterly line of said document, North 45022'59"West,
385.74 feet, to a 5/8 inch iron rod on the southerly right of way of SW Main Street;
Thence,along said southerly right of way line, North 57005'52" East, 15.36 feet to
the Point of Beginning;
Thence,continuing along said southerly right of way line, North 57005'52" East,
19.18 feet;
Thence, South 1221'16"West, 20.97 feet;
Thence, along a line parallel with and 16.00 feet northeasterly of said
southwesterly line, South 4522'59" East, 147.59 feet;
Thence,along a 29.00 foot radius curve to the left,through a central angle of
89012'06", (chord bears South 89°59'04" East, 40.73 feet)an arc distance of 45.15
feet;
Thence, North 45008'22" East,38.11 feet,to the southwesterly line of that property
conveyed to 12562 Main Street LLC by Deed recorded June 26, 2012 as
document number 2012-051865 (12562 Tract);
Thence,along southwesterly line of said 12562 Tract, South 4521'21"East, 19.98
feet;
Thence, South 44022'20"West, 67.70 feet;
Thence, along a line parallel with and 15.00 feet northeasterly of the southwest line
of said Main Street LLC Tract, North 45022'59"West,212.54 feet to the Point of
Beginning.
Containing 1,885 square feet, more or less. 22 FLgS 13
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EXHIBIT "D-2"
City of Tigard
Main Street Temporary Construction Access and Storage
February 21, 2013
Project No.0330-012
A tract of land, situated in the NE 1/4, Section 2,T.2 S., R. 1 W.,W.M., in the City of
Tigard,Washington County, Oregon; being a portion of that property conveyed to Main
Street LLC, et al., by Deed recorded September 30,2002 as document number 2002-
113691, being more particularly described as follows:
Commencing at a 5/8 inch rod set with a yellow plastic cap inscribed"City of
Tigard" at the southerly corner of said Main Street LLC Tract;
Thence, along the southwesterly line of said document, North 45°22'59"West,
385.74 feet, to a 5/8 inch iron rod on the southerly right of way of SW Main Street;
Thence, along said southerly right of way line, North 57°05'52"East, 15.36;
Thence,along a line parallel with and 15.00 feet northeasterly of the southwest line
of said Main Street LLC Tract, South 45022'59" East,212.54 to the Point of
Beginning;
Thence, North 44022'20"East, 67.70 feet,to the southwesterly line of that property
conveyed to 12562 Main Street LLC by Deed recorded June 26,2012 as
document number 2012-051865 (12562 Tract);
Thence, along the southwest line of said 12562 Tract and continuing along the
west line of that property conveyed to the City of Tigard by deed recorded August
1, 2000 as document number 2000-061534, South 45021'21" East, 83.04 feet;
Thence, along the west line of said City of Tigard Tract,South 44022'55"West,
2.00 feet;
Thence, continuing along the west line of said City of Tigard Tract,South 45°22'13"
East, 10.82 feet;
Thence, continuing along the west line of said City of Tigard Tract,South 3°19'55"
West, 34.98 feet;
Thence, continuing along the west line of said City of Tigard Tract, South 23°12'38"
West, 31.36 feet;
Thence, North 50°07'41"West, 122.98 feet;
Thence, North 45022'59"west,5.55 feet to the Point of Beginning. z j
Containing 7,193 square feet, more or less. REGISIF-RED
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