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Ordinance No. 69-67 CITY OF TIGARD, OREGON ORDINANCE No.69-_ AN ORDINANCE AUTHORIZING CONTINUANCE OF NEGOTIATIONS FOR ACQUISITION OF EASEMENT FOR CONSTRUCTION OF DERRY DELL TRUNK SEWER LINE ; DESCRIBING THE EASEMENT TO BE OBTAINED ON THE LANDS OF THE FIRST BAPTIST CHURCH OF TIGARD; AUTHORIZING THE CITY ATTORNEY TO PROSECUTE CONDEMNATION PROCEEDINGS, IF NECESSARY, TO OBTAIN IMMED- IATE OCCUPANCY THEREOF AND TO INCUR EXPENSES IN CONNECTION THEREWITH NOT TO EXCEED $750.00, AND DECLARI':G AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The City Council of Tigard finds that it is necessary t0 construct a sanitary sewer line known as"DERRY DELL TRUNK SEWER LINE" , and bids for the construction thereof have here- tofore 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 easement is required; the Council further finds that negotiations have been conducted by a representa- tive of the City with the present owner thereof for the purchase of the following described easement, but that the owner has refused to grant said easement to the City on the terms authorized; and the City Council further finds that the acquisition of said easement and the construction of said sewer line is necessary in order to preserve and protect the public health and that it is necessary that immediate possession of said easement be acquired in order that the construction of said sewer line may proceed without unnecessary delay or interrup- tion; that in order to obtain such immediate possession, it is nec- essary that the Cit„ Attorney be authorized and directed to commence condemnation proceedings to acquire the hereinafter described ease- ment at the earl:.est possible date, and to prosecute same to final Judgment, unless agreement ..ith the property owner is reached by further negoti9,tions which the City Attorney in his discretion is hereby authorized to conduct for the acquisition of said easement and right-of-way, as particularly described hereinbelow. Section 2: In the event that the owner of said property continues to refuse to grant said easement to the City for the com- 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 easement and right-of-way against the owner and all parties having or claiming any right, title or interest in and to the lards with respect to which said easement to be condemned is situate. Such easement hereby authorized to be condemned by the City being particularly described as follows: TRACT 1: C Perpetual easement: An unencumbered perpetual right-of-way and easement for the purpose of constructing, reconstructing, operat- ing, maintaining, inspecting and repairing of an under- ground sewer line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees and other obstructions within the easement area, but Page l - ORDINAI•ICE No.69- /_'7 reserving; to the Grantor the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement; said ease- merit area being described as follows: A portion of that tract of land in Section 3, T2S1 R1W, W.M., Washingtcn County, Oregon conveyed to ; The First Baptist Church of Tigard in Book 463 page 436, Deed Records of Washington County, being 7.5 feee on each side of the following described centerline which traverses said premises: + Beginning at a point on the North line of said tract, } said point being 108 feet, more or less, Easterly of the Ncrthwest corner of said First Baptist Church of Tigard tract; thence S120111081°W, a distance of 229 fleet: thence S 0049100"E a distance of 338.02 feet; thence S 11°11'30"W, a distance of 80 feet, more or less, to a point on the South line of the tract, said point being approximately 32 feet Easterly of the Southwest corner of said First Baptist Church of Tigard tract. a 7 TRACT II: 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 each side and within 17.5 feet, when measured at right angles, of the above described perpetual easement area, excepting and reserving to Grantor the unencumbered enjoyment, use and preservation of all structures present upon the premises. This temporary easement shall terminate upon completion 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 work- manlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, main- taining, or replacing said sewer line, the City will leave the prem- lj�es in aaeat and workmanlike condition and as nearly in the pre- existing state as practicable. Section L. 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 I& hereby further authorized to take all steps necessary in con, nection therewith and to obtain the immediate right of entry and possession for construction of said sanitary sewer line, and of said temporary privileges and right-of-way as necessary for said construc- tion,, and to incur such reasonable expenses as may be found necessary in the prosecution of said action, not to exceed $750.00, such expenses ;;o be submitted for audit by the City Council as and when incurred. Page 2 ORDINANCE NO.69- 4Z _ Section 4: Inasmuch as it is necessaryfor the preservation of the public health, peace and safety of the City of Tigard, that immediate action be taken to obtain said easement and rights in order that same may be available for said public purposes without un- necessary delay to provide sewage disposal service to the residents of Tigard to be thereby served, an emergency is hereby declared to ex- ist, and this ordinance shall become effective immediately upon its passage by the Council and approval by the Mayor. j PASSED: By unanimous vote of all council members present, after being read three times by number and title only, this , �3 day of October, 1969. Recorder City of Trd APPROVED: By the Mayor, this _day of October, 1969. ft�--• ayo• _ ,r y s i 4 f f of t 41. Page 3 - ORDINANCE No.69-67