Resolution No. 82-134 ■
CITY OF TIGARD, OREGON
RESOLUTION NO. 8'-)4z
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF A
CERTAIN RIGHT-OF-WAY FOR THE 72ND AVENUE AREA LOCAL IMPROVEMENT
DISTRICT, DIRECTING AN ATTEMPT TO AGREE WITH THE OWNERS AS TO
COMPENSATION THEREFOR, AND AUTHORIZING CONDEMNATION PROCEEDINGS TO
ACQUIRE SAID RIGHT-OF-WAY.
WHEREAS, the above-entitled matter came on before the Council of the
City of Tigard at its regular meeting of November 22, 1982; and
WHEREAS, it appearinq to the Council that an improvement project has
been approved for the 72nd Avenue Area 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 from property
owners 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 improvement 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 that the city, in
connection with the improvement of 72nd Avenue, exercise its power of
eminent domain, if required, by acquiring 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 purchase or by
condemnation, if necessary, of the 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"
attached hereto and incorporated herein.
3. That the staff Df the Public Works Department sl-iall attempt
to agree with the owners ii the property 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, should
® RESOLUTION 82- L
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the Public Works staff and the owners be unable to agree, then the
City Attorney for the City of Tigard shall be, and hereby is,
authorized and directed to institute all necessary proceedings for
the immediate condemnation of the above-described right-cf-way and
necessary easements, and may take the necessary steps for immediate
possession of the said right-of-way.
4. That this Resolution expressly supersedes Resolution No.
82-53 and ExhibitHattached thereto, adopted by t-he Tigard City
Council on June 14, 1982, to the extent such Resolution related to
the property described in said Exhibit "A".
PASSED: This ,2 day of 1982, by the Council
of the City of Tigard.
Mayor - Ci y of Tigard—
ATTEST:
Recorder - City of and
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RESOLUTION No. 82-
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