Loading...
Resolution No. 75-42 CITY OF TIGARD, OREGON RESOLUTION NO. 75- y� A RESOLUTION FINDING AND DECLARING THE NECESSITY TO ACQUIRE A RIGHT OF WAY AND EASEMENT FOR PUBLIC ROAD, PUBLIC STREET AND PUBLIC UTILITY PURPOSES ALONG S. W. HUNZIKER STREET, AND DECLARING AN EMERGENCY. WHEREAS, the City Council finds that on December 9, 1974, the City Council passed Resolution No. 74-67 declaring an intention to construct certain street improvements within an area to be known as "Street Improvement District No. 1.20.2 (S. W. Hunziker Street)" and that on the /3 day of January, 1975, the City Council passed Ordinance No. 75-1, an Or-dinance confirming and ratifying Resolution No. 74-67 and approving, ratifying and adopting plans, specifications and estimates for that improvement and providing for the making of such improvements; and WHEREAS, the City Council further finds that subsequent to the passage of Ordinance 75-1 the city staff prepared and caused to be delivered to the owners of the various properties within the district forms for street dedications and slope easements, requesting that the owners of affected properties dedicate the property necessary for the improvement to the public, and that, in particular, such a form of "Street Dedication and Slope Easement" was delivered to P. C. and J. T. Hiransomboon, husband and wife, and that the said P. C. and J. T. Hiransomboon were offered the sum of $623.91 for the property and rights described in the form of street dedication and slope easement, and it appearing that the Jaid Hiransomboons have refused and declined to execute the said form of street dedica- tion and slope easement, or to recommend or suggest any other terms upon which a street dedication anc slope easement can be made, or to suggest any alteration in the proposed street dedication and slope easement which would be acceptable to them, NOW, THEREFORE, the acquisition of the following described property is hereby declared to be necessary for the purpose of the improvement of S. W. Hunzi.ker Street in a manner consistent with Resolution No. 75-67 and Ordinance No. 75-1; A perpetual right-of-way and easement for public road, public street and public utility purposes to become a part of the public right-of-way of S. W. Hunziker Street on, over, across, along, under and within that portion of that certain tract of Grantor(s) as described in Deed Page 1. Book 789 at Page 617, Deed Records of Washington County, Oregon, lying South of a line drawn parallel to and thirty (30) feet North of, when measured at right angles of the following described center line of S. W. Hunziker Street, said center line being described as follows: In the William Graham Donation Lard Claim No. 39 in the :North half of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon. Beginning at a point on the center line of S. W. Hall Boulevard located South 571 16' 06" West 803.95 feet from a stone marking the Northwest corner of the William Graham D.L.C. #39; thence along the center line of S. W. Hunziker Street South 611 11' 11" East 1989.59 feet to a point of curve; thence along the arc of a 200.00 foot radius curve to the left having a central angle of 10° 57' 10" the chord of which bears South 66' 39' 46" East 38.17 feet (an arc distance of 38.23 feet) ; thence South 721 08' 21" East 601.66 feet to a point of curve- thence along the arc of a 200.00 foot radius curve to the left having a central angle of 18' 01' 18" the chord of which bears South 811 09' 00" East 62.65 feet (an arc distance of 62.91 feet) ; thence North 890 50' 21" East 188.90 feet to the terminus at Oregon State Highway station "H" 449+00.00 of the Beaverton-Tigard Highway Section, said terminus being North 151 18' 46" West 2660.19 ft. from a stone at the Easterly Southeast corner of •the William Graham D.L.C. #39, and South 30° 38' 12" West 1493.76 feet from a 2" iron pipe at the Northeast corner of the William Graham D.L.C. #39, said 2" iron pipe also being the initial point t of Hermoso Park Plat. Also: A permanent right-of-way and easement for the purpose of constructing, maintaining and/or repairing slopes, suts or mills occasioned by :)r resulting from the improvement of S. W. Hunziker Street, within an area described as follows: That portion of Grantor's lands as described in Deed Book 789 at Page 617, Deed Records, Washington County, Oregon, lying South of a line drawn parallel to and forty (40) feet North of, when measured at right angles, the center line of S. W. Hunziker Street, as described in Parcel I above described, reserving, however, to Grantor, heirs and assigns the full use and dominion over the said easement area; provided, however, that such use shall not be permitted to interfere with the purpose for which the easement is granted. Page 2. Should it be necessary to cut and remove any brush, trees, or other materials from the above described easement area, the City agrees that same shall be removed and disposed of by the City and the area left in a neat and workmanlike condition. The City Council hereby authorizes and directs that efforts to purchase the property and rights described above at a price consistent with the formula heretofore established and approved by the City Council shall continue and that, in the event such attempt shall fail that condemnation proceedings be commenced. The City Council regards immediate possession of the property described above as necessary to the proper and orderly improvement of S. W. Hunziker Street and it is hereby ordered and directed that in the event it is necessary to commence the condemnation proceeding, an amount equal to the amount estimated to be the just compensation for the property be deposited with the Clerk of the Washington County Circuit Court pursuant to ORS 35.265 and that an application be made to the court for an a order to occupy the property, and to make use of it for the purposes for which it is being appropriated, pursuant to ORS 35.275. In this regard it is the finding of the City Council that the contract for the construction of S. W. Hunziker Street has been let, the contractor has commenced construction, and that any additional delay in the acquisition of the right to enter the described property will jeopardize the safe, orderly, economical completion of the project, to the substantial detriment of the " City of Tigard and the other affected properties within the S. W. Hunziker Street Local Improvement District. `• DATED at Tigard, Oregon, this i day of August, 1975. i Mayor, City of Tigard ATTEST: Ti C-ity Recorde , City Tigard Ii Y�3 ' Page 3. i