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Resolution No. 82-68 • CITY OF TIGARD, OREGON 1C RESOLUTION NO. 82- &41 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 COMPENSATION; THERE- FORE 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 July 12, 1982; and WHEREAS, it appearing to the Council that an improvement project has been . pproved 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 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 right-of-way hereinafter described ,. be acquired; and 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, in connection with the improvement of 72nd Avenue, exercise its power of eminent domain, if required, by requiring the below- described right-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 tha following described right-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 right-of-way being described in Exhibit "A" and attached hereto and incorporated herein. 3. That the staff of the Public Works Department shall attempt to agree with the owners of the properties upon which the described ( right-of-way is situated with respect to the compensation to be paid therefor, and the damages, if any, for the taking thereof, and, 5:4 4 F RESOLUTION No. 82_1t 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 Condeonation of the above-described right-of-way and necessary easements and may take the necessary steps for immediate possession of the said right of way. PASSED by Council on the /,2__ day of �G 1982. MMayor - City of Tigard ATTEST: 41L I &" City Recorder - C' of Tigard RESOLUTION No. 82-_,Lk_ Page 2 . v Right of Way Acquisition Description Ident. No. 81 Two parcels of land in the S.W. 1/4 of the S.E. 1/4 of Section 1, T2S, R1W, W.M., the City of Tigard, Washington County, Oregon, more particularly des- cribed as follows: Parcel 1 - Being that portion of those tracts of land described in Book 814, Page 420 (Deed), and Book 947, Page 779 (Deed), of the Washington County, Oregon, records (T.L. 3800, Map 2S-1-IDC) which falls between a centerline and a line 30 feet easterly at right angles and parallel to said centerline, said centerline being described as follows: Beginning at a stone in a monument box at the easterly S.E. corner of the W.W. Graham D.L.C.; thence N 0'53'23" E, 3850.61 feet to a 2-inch iron pipe at the N.E. corner of the W.W. Graham D.L.C. also being the Initial Point of the plat of "Hermosa Park" at the end of said centerline. Parcel 2 - Being that portion of the tract of land described in Book 814, Page 423 (Deed), and Book 947, Page 779 (Deed), of the Washington County, Oregon, records (T.L. 3800, Map 2S-1-10C) which falls within the following described parcel: Beginning at the intersection of the easterly right of way of S.W 72nd Avenue (County Road No. 472) (an existing 40-foot wide right of way) and the southerly right of way of S.W. Sandburg Street (an existing dedicated 50-foot wide right of way); thence easterly along the said southerly line of S.W. Sandburg Street, 19.7 feet more or less to a point that is 25.00 feet at right angles to the centerline of said S.W. Sandburg reet; thence southwesterly along a 10-foot radius curve to the 4112F (the radius point of said 10-foot radius curve lies 40.00 feet easterly at right angles to the centerline of C31 EXHIBIT "A"-1 �' Y Page 2 Right of Way Acquisition Description Ident. No. 81 said S.W. 72nd Avenue and 35.00 feet southerly at right angles to the .centerline of said S.W. Sandburg Street), through a central angle of 860271, more or less, 15.4 feet, more or less, to a point that is easterly 10.00 feet at right angles to the east right of way of said S.W. 72nd Avenue; thence westerly at right angles to the easterly right of way of said S.W. 72nd Avenue, 10.00 feet to a point on the said east right of way; thence northerly along the said east right of way of S.M. 72nd Avenue, 4.7 feet, more or less, to the Point of Beginning. �6 12/31/81 80.194.118 EXHIBIT "A"-2 -- 78 85 D10; w 3702 I GOV LOT 4 777775 A O (\Jt8a 53 6SP05 17'W X96.53 -WESJ 1 47.14 w ~ iso TO PUBLIC 845 829 S 8s°53`E �-; SANDBURG STREET S 88° 53' E 410 3801 a 3800 23Ac. � J /.B/Ac. o i N w L1 Z 50 SEE N (C.S. No. 13,084) ? 2S I o a �+ Lu N 17 N R8° 53, w _ —360 S 88" 53' E N Ic �— � ,p in b b O 3900 N N 2.17 Ac. O Gi . N PT j 4 o a, W N b r r �l� -AY O W b J � v I 1 J 1\1 s �• 412.04 iF -- see°53'E 5 NE Ely,S.E. COR. OF - C �b V �@TO QW.' Gk.1H4f.5 O.:-.0 3900 O M �s's4 Ic 4100 ` m s `a. qq. @@ H 510 I Nti F may. y, ,3 78.85 3100 3702 n5 GO" LOT 4 I 75 Ac. 310.0 N P P_ J N C " N m � 83°05'r7'W t8H 33,98.33 -WESI 47.14 .TO PUBLIC 845 829 S 8(�'53`E •' - ' SAN DBURG STREET S 880 53' E 410 m 3801 a 3800 .23Ac. � J /.B/Ac. o 24'W V! Z 5O• SEE h (C.S. No. {3,084) F 2S 1 N t o Q N W N n N R80 53' W v 360 S 88" 53' E O C N 4'W icO � e7 t0 e o 3900 H 2.17 Ac. ^' PT. a 4 � N \ W r� �l lir- .� 0 0 O W 2 J F \\yr O• 412.04 S 88053'E ' 5 N£ ElyS.E. COR. OF e TO W. GRAHAM D.L.0 39 inC, v O @' of mc; 93490`'� 4100 L 05 Ac. N _ s . 390 /q� qq. Bs 1' S'0 � olry 'ea.ik 4. ' Right of Way Acquisition Description Ident. No. 81 Two parcels of land in the S.W. 1/4 of the S.E. 1/4 of Section 1, TIS. R1N, W.M., the City of Tigard, Washington County, Oregon, more particularly des- cribed as follows: Parcel 1 - Being that portion of those tracts of land described in Book 814, Page 420 (Deed), and Book 947, Page 779 (Deed), of the Washington County, Oregon, records (T.L. 3800, Map 2S-1-1DC) which falls between a centerline and a line 30 feet easterly at right angles and parallel to r said centerline, said centerline being described as follows: ` Beginning at a stone in a monument box at the easterly S.E. corner of the W.W. Graham D.L.C.; thence H 0'53'23" E, 3850.61 feet to a 2-inch iron pipe at the R.E. corner of the W.W. Graham D.L.C. also being the Initial Point of the plat of "Hermosa Park" at the end of said centerline. Parcel 2 - Being that portion of the tract of land described in Book 814, Page 423 (Deed), and Book 947, Page 779 (Deed), of the Washington County, Oregon, records (T.L. 3800, Map 2S-1-1DC) which falls within the following described parcel: Beginning at the intersection of the easterly right of way of S.W 72nd Avenue (County Road No. 472) (an existing 40-foot wide right of way) and the southerly right of way of S.W. Sandburg Street (an existing dedicated 50-foot wide right of way); thence easterly along the said southerly line of S.W. Sandburg Street, 19.7 feet more or less to a point that is 25.00 feet at right angles to the centerline of said S.W. Sandburg Sxreet; thence southwesterly along a 10-foot radius curve to the �S+rL-sg1�t (the radius point of said 10-foot radius curve lies 40,.00 feet easterly at right angles to the centerline of EXHIBIT "A"-1