Ordinance No. 66-36 CITY OF TIGARD, OREGON
ORDINANCE No.66- 3 6
AN ORDINANCE AUTHORIZING CONTINUANCE OF NEGOTIATIONS FOR
SEWER EASEMENTS ACROSS THE FOLLOWING TAX LOTS:
800, 2S1 2CC, 500 2S1 2CC, 2200 and 2300 2S1 2CB, 2100 2S1 2CB,
in Section , T2S, R1W, W.M., in the County of Washington,
State of Oregon, AUTHORIZING THE CITY ATTORNEY TO COMMENCE CONDEM-
NATION PROCEEDINGS FOR SAID EASEMENTS, IF NECESSARY, TO OBTAIN
POSSESSION THEREOF FOR THE PURPOSE OF SEWER CONSTRUCTION, AND TO
INCUR EXPENSES IN CONNECTION THEREWITH NOT TO EXCEED $
AND DECLARING AN EMERGENCY.
THE CITY OF TTIGARD 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 "S. W. PACIFIC HIGHWAY SEWER SYSTEM", and bads for the con-
struction thereof have herbtofore been received, and the City Council
further finds that in addition to other easements required and granted
to the City of Tigard, the following hereinafter described easements
are required; the Council further finds that negotiations have been
conducted by a representative of the City with the present owners
thereof for the purchase of the following described easements, but
that the ownerz have refused to grant said easements to the City on
the terms authorized; and the City Cousicil Further finds that the
acquisition of said easements and the construction of said sewer system
is necessavy in order to preserve and protect the public health and
that it is necessary that irmediate possession of said easement6 be
acquired in order that the construction may proceed wi.chout unnecessary
delay or interruption; that in order to obtain sa_b immediate pos-
session, it is necessary that the City Attorney be authorized and
directed to commence condemnation proceedings to acquire the here-
inafter described easements at the earliest possible date, and to
prosecute the same to final judgment, unless agreement with the prop-
erty owners is reached by further negotiations which the City Attorney
in his discretion is hereby authorized to conduct for the acquisition
of said easements and rights of way, as particularly described here-
inbelow.
Section 2.: In the event the owners of said properties continue to
refuse to grant said easements to the City for the col« -
pensation tendered by the City , the City Attorney is hereby author-
ized 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 dondemned are situate. Such easements hereby authorized to be
condemned by the City being particularly described as follows:
Page 1 ORDINANCE No.66- 3 G _
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Tax Lot 800
An unencumbered, perpetual right of way and easement ten (10) feet
in width for the purpose of constructing, operating, maintaining and
re?wiring of an underground sewer line and appurtenances, together
:iLh 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 the right
to make use thereof, except to construct buildings, as will not inter-
fere with said easement. Said easement area being described as
TRACT I and TRACT III:
In Tax Lot 800, 2S1 2CC, in Sec._2 'I'2S, R1W, W.M.:
TRACT I: A 10-foot wide strip of land being 5 feet on each side of
a line beginning at a point on the Northerly line of that
tract of land described in Book 338, page 433, Deed Records, 6Wash-
ington County, Oregon, said point being Westerly 347 feet from the
Northeast corner of said tract; thence Southerly to a point on the
Southwesterly line of said tract,said point being Westerly 199 feet
from the most Southerly West corner of said tract.
TRACT II: Together with the temporary right of ingress , egress and
regress, and use for sewer construction purpooes, of addi-
tional land lying parallel to, along both sides and within 10 feet,
when measured at right angles, of TRACT I above described, to expire
upon completion of the sewer construction work, excepting and reserv-
ing to owners the unimpaired enjoyment , use and preservation of all
structures and fruit trees, if any.
TRACT III: A 10-foot wide strip of land adjacent and contiguous to
the most Southwesterly line of that tract described in
Book 338, page 433, said Deed Records, beginning at a point Westerly
204 feet from the most Southerly West corner of said tract and run
Hing Northwesterly135 feet, more or less, to that line bearing
North 38021' East.
TRACT IV: Together with the temporary right of ingress, egress and
rcgress, and use for sewer construction purposes, of
additional land lying parallel to the Northerly line and within 20
feet, when measured at right angles, of TRACT III above described,
to expire upon completion of the sewer construction work, excepting
and reserving to owners the unimpaired enjoyment, use and preserva
tion of all structures and fruit tress, if any.
Tax Lot 500, 2200 and 2300
An unencumbered, per"?etual right of way and easement ten (10) feet
in width for the purpose of constructing, operating, maintanirg and
repairing of an underground sewer line and appurtenances, 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 the right
to make use thereof, except to construct buildings, as will not inter-
fere with said easement. Said easement areas being &Exxxth five (5)
i feet on each side, when measured at right angles, of the following
centerlines described as TRACT I, TRACT III and TRACT V:
KA
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In Tax Lot 500, 2Sl 2CC, in Sec. 2 , T2S, R1W, W.M.:
TRACT I: Beginning at a point on the North line of that tract of
land described in Book 193 page 277, Washington County
Oregon Deed Records, said point being Westerly 141 feet from the
Northeast corner of said tract; thence Southerly to a point on the
South line of said tract, said point being Westerly 347 feet from
the Southeast corner of said tract.
TRACT II: Together with the temporary right of ingress, egress and
regress, and use for sower construction purposes, of
additional land lying parallel to, along both sides and within 10
feet, when measured at right angles, of TRACT I above descrioed, to
expire upon completion of the sewer construction work, excepting and
reserving to owners the unimpaired enjoyment, use and preservation
of all structures and fruit trees, if any.
In Tax Lot 2300, 2S1 2CB, in Sec. 2 T23, W.M. :
TRACT III: Beginning at a point on the Northeasterly line of that
tract of land described in Book 433, page 211, Deed
Records, Washington County; Oregon, said point being Westerly 47 feet
from the Northeast corner of said tract, thence Southerly to a point
on the Southerly line of said tract, said point being 45 feet from
the Southeast corner of said tract.
TRACT IV: Together with the temporary right of ingress, egress and
regress, and use for sewer construction purposes, of
additional land lying parallel to, along both sides and within 10
feet, when measured at right angles, of TRACT III above described, to
expire upon completion of the sewer construction work, excepting and
reserving to owners the unimpaired enjoyment, use and preservation
of all structures and fruit trees, if any.
In Tax Lot 2200, X 2S1 2CB, in Sec._Z , T2S, R114, W.M.:
TRACT V: Beginning at a point on the Northerly line of tiiat tract
of land described in Book 432 page 52, Deed Records,
Washington County, Oregon, said point being t:-.;rth 61006' West 45
feet from the Northeasterly corner of said tract ; thence South !15055'
West 39 feet; thence South 21014' West 107.52 feet to a point on the
Westerly line of said tract, said point being North 00°27' "vast
127.66 feet from the most Southeasterly corner of said tract.
TRACT VI: Together with the temporary right of ingress, egress and
regress, and use for sewer construction purposes, of
additional land lying parallel to, along both sides and within 10
feet, when measured at right angles, of TRACT V above described, to
expire upon completion of the sewer constructin work, excepting and
reserving to owners the unimpaired enjoyment , use and preservation
of all. structures and fruit tress, if any.
Tax Lot 2100
-" An unencumbered, perpetual right of way and easement ten (10) feet
in width for the purpose of constructing, operating, maintaining
and repairing of an underground sewer line'and appurtenances, together
with the right to remove as necessary, vegetation, foliage, trees and
Page 3 ORDINANCE No.66- 6
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other obstructions 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 inter-
fere with 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 2100 2S1 2CB, T2S, R1W, W.M.:
TRACT I: Beginning at a point on the Easterly line of that tract
of land described in Book 449 at page 351, Deed Records
of Washington County, Oregon; said point being Southerly 5 feet from
the Northeast corner of said tract; thence Southerly to a point on
the South line of said tract,said point being Westerly 32 feet
from the Southeast corner of said tract,
TRACT II: Together with the temporary right of ingress, egress and
regress, and use for sewer construction purposes, of
additional land lying parallel to, along both sides and within 10
feet, when measured at right angles, of TRACT I above described,
to expire upon completion of the sewer construction work, excepting
and reserving to owners the unimpaired enjoyment, use and preserva-
tion of all structures and fruit tress, if any.
Section 3: The City Attorney be, and he is hereby, authorized and
directed, in connection with said condemnation proceed-
ings, to prosecute same to final ,judgment with all due diligence,
and he is hereby further authorized to take all steps necessary in
connection therewith and t obtain the immediate right of entry and
possession f r construction of said sanitary sewer system, and of
said temporary privileges and rights of way as necessary for said
construction, and to incur such reasonable expenses as may be found
necessary in the prosecution of said action, not to exceed $ =;
such expenses to be submitted for audit by the City Council as and
when incurred.
Section 4: Inasmuch as it is necessary 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 purposes without unnaces-
sary delay to provide sewage disposal service to the residents of
Tigard to be thereby served, an emergency is hereby declared to exist,
and this ordinance shall become effective immediately upon its
passage by the Council and its approval by the Mayor.
PASSED: By unanimous vote of all council members present, after
being read three times by title and number
this 29th day of August,
1966.
Recorder -Z`iry of Tigard
APPROVED: By the Mayor, this 29th day of August, 1966.
WayrA of Ti4
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