Resolution No. 82-78 CITY OF TIGARD, OREGON
RESOLUTION NO. 82- 7
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF
CERTAIN RIGHTS-(JF-WAV FOR 72nd AVENUE AREA LOCAL IMPROVEMENT T m IC
DIRECTING AN ATTEMPT T D�S,P.-..T,
ON: THE_kE-
FORE AUTHORIZING CONDEMNATION PROCEEDINGS PO ACQUIRE TO �SAID 1RIGHTS-OF
WAY.
WHEREAS, the above-entitled matter came on before the Council
of the City of Tigard, at its regular meeting of July 25, 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
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;
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 f-011owing 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" and "B attached
hereto and incorporated herein.
3. That the staff othe
Public
ll attemp
to agree with the ownersoftheprWorks
opertiesuponawhich tthhadescribedt
RESOLUTION No. 82-10 Page 1
i
rights-o£-way are situated with respect to the compensation to be
paid therefor, and the damages, if any, for the taking thereof, and,
should the Public Works staff and the owners be unable to agree,. }
then the City Attorney for thecity shall be, and hereby is, authori .d
and directed to institute all necessary proceedings for the immediate t
condeiiination of the above-described rights-o£-way and necessary ease-
ments and may take the necessary steps for immediate posscosion of
the said rights-of-way.
PASSED by Council on the day of
1982.
o
mayor - City of Tigard
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ATTEST:
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City ReCorde - Cit £ Tigard
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RESOLUTION No. 82- 7--� Page 2
Right of Way Aquisition Description
t Ident. No. 5
A parcel of land it the S.W. 1/4 of the S.E. I/4 of Section 1, T 2S,
R1W, W.M., The City of Tigard, Washington Cou.n.ty, Oregon, being that �
portion of the tract of land described in Book 262, Page 329 (Deed)
of the WashingtonCounty, Oregon, records (T.L. I00, Map 25-1-1DC),
which lies easterly of the following described line:
Beginning at a point on the south line of the said tract
described in Book 262, Page 392, that is 30 feet westerly at
right angles to the centerline of S.W. 72nd Avenue (County
Road No. 472); thence Northerly 136.1 feet more or less in a
straight line to a point on the north line of said tract de-
scribed in Book 262, Page 392 that is 26 feet westerly at
right angles of the centerline of S.W. 72nd Avenue (County
Road No. 472).
7/19/82
80.194.118
I
EXHIBIT "A"
9
Project: 5-q- 72nd Avenue Area - LID No. 21
Assessment Ident. No. : S
Tax Lot 1:o.. 100
Tax Map No.: _2S-1-1DC
Deed Reference: R„nk 262
-fig" 399
CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS That _Gus Greco and Loraine Greco
of the County of , State of in consideration of the
sum of Dollars ( to them in hand paid, do
hereby grant and convey unto the Ci Cy of Tigard,_a municipal corporation
organized and existing under the laws of the State of Oregon, a Construction
Easement, across and under the following described real property situated
in the County of Washington, State of Oregon, to-wit:
A 10 foot wide strip lying westerly of, parallel and adjacent to the
following described line:
Beginning at a point on the south line of the said tract described
in Book 262, Page 392 of the Records of Washington County, Oregon,
*� that is at right angles to the centerline of S.W. 72nd Avenue (County
Road No. 472) thence Northerly 136.1 feet more or less in a straight
dine to a point on the north line of said tract described in Book
262, Page 392 that is 26 feet westerly at right angles of the
centerline of S.W. 72nd Avenue (County Road No. 472).
- Said strip being a portion of property described in Book 262, Page
392, Washington County, Oregon Records.
This Construction Easement is granted solely for the purpose of constructing
street improvements (L.I .D. 21). Said Construction Easement shall cease to
exist Thirty (30) days from the date of Certification of Completion of
L.I.D. 21 by the Engineer. .
Grantors covenant to and with Grantee that they will not in any manner
interfere with or restrict, except as herein stated, Grantee's use of
said easement.
This Construction Easement is granted with the understanding that any work
done by the City of Tigard pursuant hereto will be so done as to leave the
premises herein described in a condition reasonably similar to the previous
state thereof when any work is finished thereon.
., TO HAVE AND TO HOLD THE Herein described Construction Easement unto the
City of Tigard, its successors and assigns, forever.
Page 1
Construction Easement
EXHIBIT "B"