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Ordinance No. 69-66 CITY OF TIGARD, OREGON ORDINANCE No. 69-__4,;_ ;_ AN ORDINANCE AUTHORIZING CONTINUANCE OF NEGOTIATIONS FOR ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF LEPTON I141GIlTS SANITARY SM-M.R EXTENSION; DESCRIBING THE EAMAERES TO BE OBTAINED ON THE LANDS Or SVEN H. XVAP,NSTROM AND S. E. RVARNSTP.OM, IMSBAND AIS T.--LIFE, XND JUANITA I OENIG AND JACOB KOENIG, JR. HUSBAND AND WIFE: AUTHORIZING THL CITY ATTORNEY TO PROSEMTE CONDEANiATION PROCEEDINGS, IF NECESSARY, TO OBTAIN IA:I`EDIATE OCCUPANCY THEREOF, TO INCUR EXPENSES IN CONNECTION THER?KITH NOT TO EXCEED AND DECLARING AN EMPGENCY. THE CITY OF TIGARD ORDAINS AS F01,M S: Section 1: The City Council of Tigard finds that it is necessary to construct a sanitary sewer :Interceptor line known as the "LERON HLIGI-ITS SEWER SYSTEM", and bids for the construction thereof have heretofore been received, and the City Council further finds that in addition to other easements required and granted to the City of Tigard, the followin,- 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 owners have refused to grant said easements to the City on the terms authorized; and the City Council further that the acquisition of said easements and the construction of said sever system is-necessary,in.order to preserve and protect the public health and that it is necessary that immediate possession of said easements be gquired in order that the construction. ''' of said sewer system may proceed 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 proceedings to acquire the hereinafter described easements at the earliest possible date, and to prosecute the sane to final judgment, anless agreement with the property owners is reached by further negotiations which the City Attorney in his discretion is hereby authorized to conduct for the acquisition of said easement4 and rights of way, as ,articularly described hereinbelow. Section 2: In the event that 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 Tiling 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 ovine s and all parties having or clnimin and 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. 69 l.-ANDS OF SVEN H. KVARNSTROM AND S.E. KVARNSTROM TRACT 1: Perpetual eesement: An unencumbered perpetual right-of-way and easement for the purpose of constructing, reconstruction, operating, ( maintaining, inspecting, 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 grantors the title to the lands, subject to the easement, and the right to make such use thereof, exeept to construct buildings, as will not interfere with the uses and purposes of the easement; said easement area:-being The irestnrly 15 feet of the Northerly-most 576 feet of that certain tract of land in Section 3, T$3 , RDD, U.M. Washington County,Oregon, conveyed to Sven H. Kvarnstrom and S. E. Kvarstrom as described in Book 452 Page 310, Deed Record.- of said llasM-at-nn Cotinty, mere n- TRACT $: Temporary easement: Together with the temporary right of ingress, egress, and regress, and use for sewer construction purposes, of additional lands lying parallel to, along, the East & South side and within 20 feet, when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered enjoyment, use and preservation of all structures present upon the premises, This temporary easement shall terminate upon comnleteion of the sewer construction work, at which time, upon request of the owner, the City will issue a written release thereof. Should it be necessary to cut and remove any brush, trees, or other matter or materials from the easement area, said brush, trees, or other matter and materials shall be removed and disposed of by the City and the City shall leave the easement area in a neat and workmanlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, ox replacing said sewer line, the City will leave the premises in a neat and workmanlike condition and as nearly in the pre-existing state as practicable. r: Page 2 ORDINANCE NO. 69- t rz I LANDS OF JACOB K0ENIG, JR. AND JUA141TA KOENIG Ei TRACT 1; Perpetual casement: An unencumbered perpetual right-of-way and easement for the purpose of constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees and zother obstructions within the easement area, but reserving to the grantors ;:ire ti..�. to tha lands, subject to the title.. s. easement, and the right to make such use thereof, c ^int to construct buildings, Za will not interfere with the ' uses and purposes of the easement; said easement area being The Northerly 15 feet of that certain tract of land in section 3, T2S, Rlii, W.M., Washington County, Oregon conveyed to Jacob Koenig, Jr. and Juanita Koenig as described in Book 511 Page 260, Deed Records of said rvashington County, k: TRACT 2: Temporary easement: Together with the temporary right of ingress, egress, and regress, and use for' sewer construction purposes, of ddditional lands lying parallel to, along the south side and within 20 feet, when measured at right angles, of the above deseribed perpetual' easement area, excepting and reserving to grantors the unencumbered enjoyment, use and preservation of all structures present upon the premises. This temporary easement shall terminate upon completion of the construction work, at which time, upon request of the owner, the City will issue a written release therof. Should it be necessary to cut and remove any brush, trees, or other matter nr matsr-ials from the aasement area, said brush, trees, or other matter and materials siia.7.1 be removed and disposed of.by the City and the City shall leave the easement area in a neat and workmanlike condition. The City agrees that I connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer line, the City will leave the premises in a neat and workmanlike condition and as nearly in the pre-existing state as practicable. Section 3:_ The City .Attorney be, and he Is hereby, authorized and directed, in connection with said condemnation proceedings, to prosecute same to final judgment with all dice diligence, and he is hereby further authorized to take all steps necessary in connection. therewith and to obtain the mediate "right of entry and po--session for construction of said su.nitary sewer system, and of said temporary;privileges and rights of way as necessary for said construutioz-t, and to incur such reasonable necessary in Otte prosecution of said expenses 98 may he found a Page' ? _ ORDINANCE No. 697 �,r A .e� action, not to exceed $� such e%penses to be :7ubmitted for audit by the City Co xlci`\ as and when incurred. Sectton 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 unnecessary delay toprovide sewage disposal service to the residents o`. Tigard to Ee thereby served, an emergency is hereby decla,-ed to exist, and this ordinance shall become effective immediately upon its passage by the Council and its approval by Lhe Mayor. PASSLD: By unanimous vote of all council members present, after being read This ,_IL . day of September, i969. /j i.ecar er=City APPROV- ); By the Mayor, this ,=t; day of September, 1969. `' y f� t f r 'Page 4• OMINANCE No. fIV