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Resolution No. 82-69 CITY OF TIGARD, OREGON RESOLUTION NO. 82- 6q 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 AUTIIORIZING CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHTS-OF- WAY. WHER-EAS, the above-entitled matter came on before the Council of the City of Tigard, at ito regular meeting of July 12, 1982; and WHER-EAS, 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 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 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; az. 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 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 greates public good and the least private injury, said rights-of-way being described in Exhibits "A"thru "D" 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 ` rights-of-way are situated with respect to the compensation to be as a paid therefor, and the damages, if any, for the taking thereof, and, �� RESOLUTION I7o. 82_J 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-described 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 /.Z day of '/' /4 1982. and amended July 13, 1982 by adding Exhibits CC& D. 1 Mayor City ofTigard ATTEST: Caty Recorder— C( of Tigard 7 I t. RESOLUTION No. 82-_4_ Page 2 Right of Way Acquisition Description Ident. No. 45 A parcel of land in the S.E. 34 of Sec. 12, T.2S., R.1W., W.M., Washington County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Fee No. 79-051479 (Purchase Agreement) of the Washington County, Oregon Records (T.L. 600, Map 2S-1-12DC) which falls between a centerline and a line 30 feet westerly and parallel to said centerline, said centerline being described as follows: Beginning at a point that is N 89043'04" E 20.00 feet from the recognized E. 1/16 corner on the South line of said Sec. 12 noted as Point No. 289 on County Survey No. 19,127; thence N 0021'36" W 2646.36 feet to a point, that is N 89040'44" E 20.00 feet from an iron pipe with aluminum cap at the recognized 1/16 corner shown as Point "P" on County Survey No. 13,247. l 10/12/81 CRC 80.194.118 EXHIBIT "A^ _ r . Right of Way Acquisition Description Ident. No. 67 Three (3) parcels of land in the N.E. 1/4 of Section 12 of T.2S, R.1W., W.M., the City of Tigard, Washington County, Oregon, more particularly described as follows: Parcel 1 being that portion of the tract of land described in Book 613, Page 117, (Deed) of the Washington County, Oregon, Records (T.L. 2800, Map 2S-1-12A) which falls between a centerline and a line 30 feet westerly and 30 feet easterly at right angles and parallel to said centerline, said centerline being described as follows: Beginning at a point that is N 89'40'44" E, 20.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner noted as Point "P" on County Survey No. 13,247; thence N 0`16'56" W, 2627.25 feet to a point that is N 89143104" E, 20.00 feet from a stone at the recognized N.W. corner of the East 1/2 of the N.E. 1/4 of said Section 12, noted as Point "B" on County Survey No. 13,247. Parcel 2 being that portion of the tract described in said Book 613, Page 117, which falls within the following described parcel: Beginning at a point that is N 89040'44" E, 20.00 feet and N 00'16156" W, 1250.80 feet and N 89'43'04" E, 20.00 feet from an iron pipe with a brass disc inside of the recognized 1/16th corner noted as Point "P" on County Survey No. 13,247, said beginning point also bears S 00016'56" E, 1376.45 feet and N 89043'04" E, 40.00 feet from a stone at the recognized N.W. corner of the East 1/2 of the N.E. 1/4 of said Section 12, noted as Point "B" on County Survey No. 13,247; thence from the Point of Beginning N 0'16'56"W , 49.33 feet to a point; thence N 88156'51" E. 49.33 feet to a point; thence S 1'03'09" E, 10.00 feet to a point of curve; thence southwesterly along a 40.00-foot radius curve to the left (through a central angle of 89013'47"), 62.294 feet (long chord bears S 44'19'57" W, 56.187 feet) to a point; thence S 89'43'04" W, 10.00 feet to the Point of Beginning. EXHIBIT "B"-1 `IdeAt. Nc. 67 t Page 2 i i i Parcel 3 being that portion of the tract of land described in Book 613, Page 117 (Deed), of the Washington County, Oregon, Records (T.L. 2800, Map 2S-1-1A) which falls between a centerline and a line 30 feet southerly at right angles and parallel to said centerline, said centerline being described .s follows: Beginning at a point that is the centerline intersection of S.W. 72nd Avenue and S.W. Bonita Road, said beginning point is N 89'43'04" E. 20.00 feet and S 0'16156" E, 1307.38 feet from a stone at the recognized N.W. corner of the East 1/2 of the N.E. 1/4 of said Section 12, noted at Point "B" on County Survey No. 13,247; thence N 88'56'51" E, 518.73 feet to the end of said centerline. A O.S.H.D. highway right of way pin lies N 1103'09" W, 20.00 feet from the end of said centerline. 11/24/81 CRC 80.194.118 r EXHIBIT ^B"-2