Ordinance No. 64-06 CITY OF TIGARD, OREGON
ORDINANCE No. 64 -
AN ORDINANCE AUTHORIZING C014TINUANCE OF NEGOTIATIONS FOR
SEWER EASEMENTS ACROSS TAX LOT 100 25-1-2AC in the SWl/4 of the
NE1/4 of Sec.2, T2S, R1W W.M., TAX LOT 200 2S 1-2AC in the SW1/4
of the NE1/4 of Sec.2 TIS, R1W, W.M., TAX LOT 2300 25-1-2BA in
the NE1/4 0£ the N41//+ of Sec.2, T2S, R111, W.M., and TAX LOT 900
2S 1-2BB, in the NEI/4 of the NW1/4 of Sec. 2, T2S, R1W, W.M.,
in the County of Washington, State of Oregon, AUTHORIZING THE CITY
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ATTORNEY no FOR _-&M EA_-&m .ATTORNEY TO co►�:acr� tvUr�rttY9'1' S� w$�issiiw rv.,
IF NECESSARY, TO OBTAIN POSSESSION THEREOF FOR THE PURPOSE OF
SEWER CONSTRUCTION AND TO INCUR EXPENSES IN CONNECTION TE>EREWITH
NOT TO EXCEED $ S�dB ®� , AND DECLARING AN EME,RGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1; The City Council of Tigard finds that it is necessary
to construct a sanitary sewer interceptor line known
as the "Fanno Creek Interceptor Sewer System", and bids for the
construction thereof have heretofore been received and submitted
for approval by the Oregon State Sanitary Authority and the U. S.
Department of Health, Education and Welfare, and the City Council
further finds that in addition to other easements required, and
for which options have been granted to the City of Tigard, the
following hereinafter described easements are required within the
City of Tigard; the Council further finds that negotiations have
been conducted by a representative of the City wit?,. the present
owners thereof for the purchase of the following described ease-
meneg, but that the owners have refused to grant said easements to
the City on the terms authorized; and the City Council further finds
that the acquisition of said easements and the construction of said
sewer system is necessary in order to preserve and protett the pub-
lic health and that it is necessary that immediate possession of
said easements be acquired in order that the construction may pro-
ceed without unnecessary delay or interruption; that in order to
obtain such immediate possession, it is necessary that the City
Attorney be authorized and directed to commence condemnation pro-
ceedings to acquire the hereinafter described easements at the
earliest possible date, and to prosecute the same to final judgment,
unless agreement with the property owners is reached by further
negotiations,w3.ch the City Attorney, in his discretion, is hereby
authorized to conduct for the acquisition of said easements and
rights of way, as particularly described hereinbelow.
Section 2: In the event the owners of said properties continue
to refuse to grant said easements to the City for
the compensation tendered by the City, the City Attorney is hereby
authorized and directed to institute condemnation proceedings by
filing an action under the general statutes of the State of Oregon
for the appropriation of sewer easements and rights of way against
the owner or owners and all parties having or claiming any right
title or interest in and to the lands with respect to which said
easements to be condemned are situate. Such easements hereby
authorized to be condemned by the City being particularly described
as follows:
Page 1 - ORDINANCE No. 64 -
Tax Lot 100
An unencumbered, perpetual easement 10 feet in width
for the purpose of constructing, operating maintain-
ing and repairing of an underground sewer line and
one manhole, together with the right to remove as nec-
essary, vegetation, foliage, trees and other obstruc-
tions within the easement area, but reserving to the
owners title to the lands (subject to the easement) and
the right to make use thereof, except to construct
buildings, as will not interfere with said easement.
Said easement area being five (5) feet on each side,
when measured at right angles, of the following de-
scribed centerllne:
T"
o7Ta w 24-1-2Ac:
In Tax Lot 100 sWl/4 NE1/4 sec. 2 T" .....
TRACT 1: Beginning at a point on the Northwesterly
line of that tract of land described in Book 392 Page
525 Deed Records of Washington County, Oregon said
point being 309 feet, more or less, on a bearing of
South 45°14' West from the most Northerly corner of said
described property; thence South 44038' East 299 feet
more or less to a point on the Southeasterly line of
said described property, said ppoint being 315 feet more
or less on a bearing of South 42°05' West from the most
Easterly corner of said described property.
TRACT II• Together with the temporary right of ingress,
e rens and regress, and use for construction purposes,
of a4uitblonal land lying parallel to, along both sides
and within 15 feet, when measured at right angles, of
TRACT I ,above described, to expire not later than No-
vember 1, 1964, excepting and reserving to owners the
unimpaired enjoyment, use and preservation of all
structures and fruit tress, if any.
Tax Lot 200
An unencumbered, perpetual easement 10 feet in width for
the purpose of constructing, operating, maintaining and
repairi`ag of an undergro.nd, sewer line and three manholes,
together with the right to remove as necessary , vageta-
tion, foliage, trees and other obstructions within the
easement area-* but reserving to the owners title to the
lands (subject to the easement) and the right to —ka use
thereof, except to construct buildings, as will not inter-
fere with said easement. Said easement area being five
(5) feet on each side when measured at right angles, of
the following centerlines described as TRACT I and
TRACT III:
In Tax Lot 200 SW1/4 NE1/4 Sec.2 T2S R1W,W.M. 2S-1-2AC:
TRACT I: Beginning at a point on the Nordeasterly line
o t tract of land described in Book 225 page 147 Deed
Records of Washington County, Oregon dsaid point being 5
feet more or less on a bearing of W 46E from the most
Northerly corner of said property; thence S63°541W, 317
feet more or less, parallel to and 5 feet from the North-
westerly line of said property tr pdnt of intersection
with the 24" interceptor sewE- line as proposed--said point
page 2 - ORDINANCE No. 64 - _�
also
5 feet more or less on
ing
c from the being
orthwesterly property line describedE �
property.
TRACT II: Together with the temporary right of ingress,
egress and regress, and use for construction purposes,
of additional land lying parallel to, along and within
15 feet, when measured at right angles, of the South-
laaterrthan November lr 1964,above
exceptingeandreserving tresernot
to
owners the unimpaired enjoyment, use and preservation of
all structures and fruit trees, if any.
TRACT III: Beginning at a point on the northweaterly
Tfn—e-o`fthat tract of land described in Book 225 page
147, Deed Records of Washington County, Oregon, said
point being 317 feet more or less, on a bearing of
S63 54 W from the most northerly corner of said described
property; thence S440381E 407 feet, more or less, to a
point on the southwesterly line of said described prop-
erty, said point being 309 feet, more or less, on a bear-
ing of S45°14'W from the most easterly corner of said
described property.
TRACT IV Together with the temporary right of ingress,
egress and regress, and use for construction purposes,
of additional land lying parallel to, along both sides
and within 15 feet, when measured at right angles, of
TRACT III above described, to expire not later than No-
vember 1, 1964, excepting and reserving to owners the
unimpaired enjoyment, use and preservation of all
structures and fruit trees, if any.
Tax Lot 900
An unencumbered, perpetual easement feet iniwidth
ng afor
the purpose of constructing, operating,
nd
repairing of an und.rground sewer line and one manhole,
together with the right to remove as necessary, vegetation,
foliage, trees and other obstructions within the easement
area, but reserving to the owners title to the lands
(subject to the easement) and these ri ht to maP
— e thh e
except to construct buildings, as will not interfere
said easement. Said easement area being five (5) feet on
each side, when measured at right angles, of the following
described centerline
In Tax Lot 900 NE1/4 NWl/4 Sec.2 T2S R1W,W.M. 2S-1-2BB:
TRACT I: Beginning at a point on the westerly 563, Dead
tna'�t tract of land described in Bok312, page 5 being
Records of Washington County, Oregon,
120 feet, more or less, Northwesterly from an iron pipe,
said pipe being the Southaasterly point of the west line
which bears South 13031' East from its junction with
the centerline of FannoCreek; thnce North 70051' East,
t
87 feet more or less, point;
East, lb feet, more or less' to alpoint
ine n the
East
li 3)
ne
of said described property
Page 3 ORDINANCE No. 64
i
i
said point being 60 feet, more or less, in a southwest-
erly direction from a property corner in the canter of
Fango Creek; said corner being the northerlypoint of
the east line of said daso.:i'�ed property, wich bears
North 23*501 East from the centerline of S.N.Johnson St.
i
TRACT_ II: Together with the temporary right of ingress, G
e res s and regress, and use for construction purposes,
of additional land lying parallel to, along both sides
and within 15 feet, when measured at right angles, of
TRACT I above described,nto.,empirernot
later
to Chan No-
s the
vember 1, iy64, ar.�eY.. C' ---
unimpaired enfnYment, use and preservation of all
structures and fruit trees, if any-
Tax-z any-
Tax-zLot 2300
An unencumbered, perpetual easement 10 feet
in width
and
the purpose of constructing, operating, for
2with
repairing of an underground sewer line, together
k
the right to remove as necessary, g
trees and other obstructions within the easement area,
but reserving to owners title to the lands, subject to
the easement, and the right to make use thereof except
to construct buildings, as will not interfere z th said
easement. Said eesement area being five (5) feet on m
each side when measured at right angles, of the follow-
ing described centerline:
In Tax Lot 2300 NE1/4 NW1/4 Sec.2 T2S R1W 2S-1-2BA:
TRACT I Beginning at a point on the westerly line of
t t tract of land described in Book 347 page 202 Deed .
Records, Washington Countyy Oregon, said point (on the
centerline of Vacated Cr.#893 ) being 60fe�t more or
less in a southwesterly direction (S23o50'W) from the
NortAwest corner of said described proterty; thence
southeasterly on m bearing of South 64 221 East, 213
feet, more or less, to a point on the easterly line
of said described property,Fsaidpointp_being�20 2t,
® more or less, it, a sout....a33t---, -
from the Nor...east corner of said described property.
TRACT II Totl.4ther with the temporary right of ingress,
egrens and regress, and use for construction purposes,
of additional land lying parallel to, along both sides
and within 15 feet, when measured at right 4ngles, of
TRACT I above described, to expire not lto ater than Nun
ovem-
ber 1, 1964, excepting
and reserving
impaired enjoyment, use and preservation of all struc-
tures and fruit trees, if any.
Section 3: The City Attorney be and he is hereby, authorized and
directed, in connection with said condemnation pro-
ceedings, to prosecute same to final judgment with all due dili-
gence, and he is hereby further authorized to take all steps nec-
essary in connection therewith and to obtain the immediate right
page 4 - ORDINANCE No. 64 - �_
of entry and possession for construction of said sanitary sever
system, and of said temporary privileges and rights of way as
necessary for said construction, and to incur such reasonable ex-
penes as may be f011 necessary in the prosecution of said action,
not to exceed $_ oas,
, such expanses to be submitted for audit
by the City Counc as and when incurred.
Section 4: Inasmuch as it is uecessary for the preservation of
the public health, peace and safety of the City of
Tigard, that immediate action be taken to obtain said easements
and rights in order that same may be available for said public pur-
poses without unnecessary delay to provide sewage disposal service
`tee Tzzd a ..- ..F t oa.vi a_ o t}�araho
an-und_ an amarQanev is
hereby declared to exist, and this ordinance shah become affect-
ive immediately upon its passage by the Counciland its approval
by the Mayor.
PASSED: By unanimous vote of all council wembera present,
after be g read first in full and then by title,
this day of May, 1964.
ecor ty of-3`-gars
APPROVED: By the Mayor, this day of May, 1964.
y r - City o gar
Page 5 - ORDINANCE No. 64 - -
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