Resolution No. 82-53 y
CITY OF TIGARD, OREGON
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RESOLUTION NO. 82- a 3
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF
CERTAIN RIGHTS-OF-WAY FOR 72ND AVENUE AREA LOCAL IMPROVEMENT
DISTRICT, DIRECTING AN ATTEMPT TO AGREE WITH OWNERS AS TO COMPENSA-
TION; THEREFORE AUTHORIZING CONDEMNATION PROCEEDINGS TO ACQUIRE SAID
RIGHTS-OF-WAY. }�
WHEREAS, the above-entitled matter came on before the Council
of the City of Tigard, at its regular meeting of June 14, 1982; and
WHEREAS, it appearing to the Council that an improvement
project has been approved for 72nd Avenue Local Improvement
District which provides for the improvement of 72nd Avenue; and
WHEREAS, it appearing to the Council that the City Council has E
authority under ORS Chapter 35 to acquire rights-of-way therefrom
by purchase, condemnation proceedings or any other means; and
WHEREAS, it appearing to the Council that it is consistent with
the powers and purposes of city government, and necessary for the
continued growth, safety and welfare of the community, that 72nd
�. Avenue be improved and that the rights-of-way hereinafter described g
be acquired; and G
WHEREAS, it appearing to the Council that the proposed improve-
ment of 72nd Avenue is most compatible with the greatest public good
and causes the least private injury;
NOW, THEREFORE,
BE IT RESOLVED BY the City of Tigard, as follows:
1. That it is necessary for the preservation of the public
health, safety and welfare of the City of Tigard and that the city, j
in connection with the improvement of 72nd Avenue, exercise its
Power of eminent domain, if required, by requiring the below-
described rights-of-way for said improvements.
2. That the governing body of the City of Tigard does hereby
find and determine that the immediate acquisition by condemnation,
if necessary, of the following described rights-of-way will provide
for the improvement of 72nd Avenue in a manner which would be most
compatible with the greatest public good and the least private
injury, said rights-of-way being described in Exhibits "A", "B", and
"C" attached hereto and incorporated herein.
�., 3. That the staff of the Public Works Department shall attempt
f` to agree with the owners of the properties upon which the described
rights-of-way are situated with respect to the compensation to be
paid therefor, and the damages, if any, for the taking thereof, and,
RESOLUTION No. 82- S3 Page 1
should the Public Works staff and the owners be unable to agree,
then the City Attorney for the city shall be, and hereby is,
authorized and directed to institute all necessary proceedings for
the immediate condemnation of the above-c:escribed rights-of-way and
necessary easements and may take the necessary steps for immediate
possession of the said rights of way.
PASSED by Council on the___/ day of ✓�_„ , 1982.
Mayor - City of Tigard
ATTEST:
C ty Recorder - ty of Tigard
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RESOLUTION No. 82- Page 2
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EXHIBIT "A"
Right of Way Acquisition Description
Ident. No. 46b and 46c
A parcel of land in the N.E. ; of Sec. 13 and the S.E. 34 of Sec. 12 of
T.2S., R.1W., W.M., Washington County, Oregon, more particularly described
as follows:
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Being that portion of the tract of land described in
Fee No. 79-043350 (statutory Bargain and Sale Deed) of
the Records of Washington County, Oregon (T.L. 700, 800,
900, Map 2S-1-12DC) which falls between a line 30 feet
westerly and parallel to a centerline and a line
40 feet easterly and parallel to said centerline, said
a„. centerline being described as follows:
t-;
*` Begi-nning at a point of curve in the existing
centerline of County Road A-138 that is
S 89°05'04” E 26.910 feet and S 48°41'42" W
214.478 feet from the recognized E. 1/16 corner
on the line between said Secs. 12 and 13, said
1/1.6 corner being shown as Point No. 289 on
Washington County Survey No. 19,127; thence
tracing the centerline northeasterly along a
450 fool radius curve to the left through a
central angle of 49°03'18" 385.277 feet
(long chord bears N 24°10'03" E 373.62 feet)
to a point of tangency and the end of the
foregoing described centerline, said ending
point lies N 89°43'04" E 20.00 feet and
N 0021'36" W 198.78 feet from the previously
said 1/16 corner (Paint No. 289).
10/12/81 CRC
EXHIBIT "A" 80.194.118
EXHIBIT "B"
Right of Way Acquisition Description
ff Ident. No. 51
Two (2) parcels of land in the N.E. 1/4 of Section 13 of T.2S., R.1W, W.M.,
Washington County, Oregon, more particularly described as follows:
Being that portion of the property described as Tract 2 in Book 1134, Page
770 of the Deed Records of Wash•;n9ton County, Oregon (T.L. 1200, Map 25-1-
13A) and also that portion of the property described in Book 839, Page
459, Deed Records of Washington County, Oregon (T.L. 1201 , Map 25-1-13A)
lying within the following described parcels:
Parcel 1 beginning at a 1-inch iron pipe with a Washington County survey
cap at the Point of Beginning of County Road No. 534 (as shown on County
Survey No. 19,127); thence S 49`19'55" W along the centerline of S.W.
Upper Boones Ferry Road (County Road No. 534), 451.839 feet to the inter-
section with S.W. Durham Road (County Road No. 534); thence N 59'38'32" W
along the centerline of S.W. Durham Road (County Road No. 534), 62.64 feet
to a point; thence N 30'21 '28 E, 35.00 feet to a point; thence northeasterly
t� along a 42.408-foot radius curve to the left through a central angle of
71`01133", 52.571 feet (long chord bears N 84150142" E, 49.269 feet) to a
point that is 42.00 feet at right angles to the centerline of said S.W.
Upper Boones Ferry Road (County Road No. 534); thence N 49'19'55" E along
a line that is 42.00 feet at right angles and parallel to the said centerline
of S.W. Upper Boones Ferry Road (County Road No. 534), 134.891 feet to a
point; thence N 5155'52" E, 264.39 feet to a 5/8-inch iron rod as set in
County Survey No. 4143 for the most southerly corner of Lot 37 of the plat
of Fanno Creek Acre Tracts (shown a Point No. 301 on County Survey No.
19,127); thence S 40'39'17" E, 30.01 feet to the Point of Beginning.
Parcel 2 being that portion of the said properties described in said Book
1134, Page 770 (Tract 2) and in said Book 839, Page 459, which fall between
a centerline and a line 35 feet northeasterly at right angles and parallel
to said centerline, said centerline being described as follows:
EXHIBIT "B" — t
Right of Way Acquisition Description
Ident. No. 51
Page 2
Beginning at the point of intersection of the centerlines of S.W.
Durham Road (County Road No. 534) and S.W. Upper Boones Ferry Road
(County Road No. 534), said Point of Beginning also lies S 89005104" E,
26.91 feet and S 48*41 '42" W. 716.23 feet and S 49`19'55" W, 451.839
feet from the recognized East 1/16 corner on the line between Sections
<`# 12 and 13, said 1/16 corner being shown as Point No. 289 on County
Survey No. 19,127; thence N 59038'32" W along the centerline of
said S.W. Durham Road (County Road No. 534), 716.61 feet to a rail-
road spike with a punch mark at the end of said County Road No.
534.
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12/14/81 CRC
80.194.118
f.
EXHIBIT "B" — 2
EXHIBIT- "C" . .
Right of Way Acquisition Description
Ident. No. 58 j
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A parcel of land in the N.E. , of Sec. 13 and the S.E. : of Sec. 12 of
T.2S., R.1W.. W.M., Washington County. Oregon, more particularly described
as follows:
Being that portion of the tract of land described in
Book 434, Page 660 of the records of Washington County,
Oregon (7.L. 1800. Map 2S-1-12D) which falls between a
centerline and a line 40 feet easterly and parallel to
said centerline, said centerline being described as
follows:
Beginning at a point of curve in the existing
center'ine of County Road A-138 that is
yyrr� S 89005'04" E 26.910 feet and S 48041'42" W
214.478 feet from the recognized E. 1/16
corner on the line between said Secs. 12 and
13, said 1/16 corner being shown as Point
No. 289 on Washington County Survey No. 19,127;
thence tracing the centerline northeasterly
along a 450 foot radius curve to the left
through a central angle of 49003'18" 385.277
feet (long chord bears N 24010'03" E 373.62
feet) to a point of tangency and the end of
the foregoing described centerline, said
ending point lies N 89043'04" E 20.00 feet
and N 0a21136" W 198.78 feet from the pre-
viously said 1/16 corner (Point No. 289).
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EXHIBIT "C"
10/12/81 CRC
80.194.118.