Loading...
Resolution No. 83-20 CITY OF TIGARD, OREGON RESOLUTION NO. 83- ,�2(_! 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 special meeting of February 23, 1983; and WHEREAS, it appearing 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 the 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 of the Public Works Department shall attempt to agree with the owners of the property upon which the described right-of-way is situated with respect to the compensation to be paid f RESOLUTION No. 83- Page 1 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 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-of-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. 82-131 and Exhibit "A" attached thereto, adopted by the Tigard City Council on November 15, 1982, to the extent such resolution relates to the property described in said Exhibit "A". PASSED: By Council on the___2.3 _4 day of ,���„ „ 1983. Mayor - City of Tigard ATTEST: City Recorder - Ci, y of Tigard t RESOLUTION No. 83- :p_a Page 2 STREET DEDICATIW KNOW ALL MEN BY THESE PRESENTS, that _ Anthony J. Maksym 8 Kn ralce A. 1•in).ti v::._ as tenant; by the entirety, hereinafter called gr ntor(s), for the sum of S grant and `.. dedicate to the Public a perpetual right-of-way for street, road and utility purposes on, over, across, under, along and within the following described real property in Washington County, Oregon: SEE EXHIBIT "A" ATTACHED To have and to hold the above-described and dedicated rights unto the Public for the uses and purposes hereinabove stated. The grantor(s) hereby covenants that he (she) (they) is (are) the owner(s) in fee simple and have good and legal right to grant his (her) (their) rights above-described. IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (their) I� hand(s) and seal(s) this —_day of 19 1 (SEAL) (SEAL) {{ (SEAL) (SEAL) STATE OF OREGON ) ss. COUNTY OF WASHINGTON) BE IT REMEMBERED that on this day of 19 before me the undersigned Notary Public in and for the State of Oregon personalty appeared the within-named who is (are) known to me to be the identical individuals) described in and who - ' i executed the within instrument and acknowledged to me that he (she) (they) executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of 19— Notary Public for Oregon My Commission Expires: Approved as to form this day of , 19— By. City Attorney_- City of Tigard Approved as to legal description this day of 19 F..._ �. By,__ ----- , : ) r ; ,,,;s d?y of 79 Cil-1" CG;.,::i! C1 7,r•.r��. 'r' .. Right-of-Nay Acquisition Description EXHIBIT "A" j Ident. No. 8 Page 1 of 3 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 426, Page 281 (Deed), of the Washington County, Oregon, records (T.L. 400, Map 2S-1-1DC) which falls between a center line and a line 25 feet westerly at right angles and parallel to said center line, said center line 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 0053'23" E, 3850.61 feet to a 2-inch iron pipe at the `:.E. corner of the W.W. Graham D.L.C. also being the Initial Print of the plat of "Hermosa Park" at the end of said center line. Parcel 2 - Being that portion of the tract of land described in Book 426, Page 231 (Deed), of the Washington County, Oregon, records (T.L. 400, Map 2S-I-IDC) which falls within the following described parcel: Beginning at the intersection of the westerly right-of-way of S.W. 72nd Avenue (County Road No. 472) (an existing 40-foot viide right-of- way) and the northerly right-of-way of S-W. Cherry Drive (an existing dedicated 40-foot wide right-of-way); thence northerly along the sa i ci westerly right-of-way of S.W. 72nd Avenue, 2e.00 feet, more or less, to a point that is westerly 20.00 feet at right angles to the center line of said S.W. 72nd Avenue; thence westerly at right angles to the said west right-of-way of S.S:'. 72nd Avenue, 5.00 feet to a point of curve; thence southwesterly along a 15.00 foot radius curve to the rig^t (the radius point of said 15.00 foot radius curve lies 40.00 feet westerly at right angles to the center line of said S.W. 72nd Avenue and 40.00 feet northerly at right angles to the existing center line of said S.W. Cherry Drive), through a central angle of 90000' , more or less, 23.5 feet, more or less, to a point that is 5.00 feet northerly at right angles to the north right-of-way of S.W. Cherry Drive; thence westerly, parallel to the existing Right of !,fay Acquisition Description EXHIBIT "A" Ident. No• 8 Sage 2 of 3 northerly right-of-way of S.W. Cherry Drive 10.00 feet to a point; thence southerly at right angles to the said northerly < right-of-way of S.W. Cherry Drive, 5-00 feet to a point on the north right-of-way of said S.W. Cherry Drive; thence easterly along the said northerly right-of-way of S•W. Cherry Drive, 30.00 feet, more or less, returning to the Point of Beginning. r t,. 10/25/82 80.194.118 Z--2" Iron Pip+ .. the N.E. Corner of t W.u. 01•uhom, D.!. C. vivo the tnte�o Pointof the Plat of El Additional Right of Way "HEIth105t, tPARI:" i i Scale: 1"= 50' > Date: o / Right of _iday Curve Data i' 90000' . / Radius = /S-oo. Arc = 23.6 t / Tangent = 1soo PARCEL 1 / 30' Assessment Ident. No. o l' / Tax Lot No. 400 Tax Map No. 2S-1-IDC 20' 20' i Owner: Anthony 0. Maksym and Karalee A. Maksym Deed Reference: Book 426, u+ / Page 281 ¢ / Additional Right of Way a / Contains 833 Square Feet o / more or less. c / N / I _ / PARCEL 2 (See Plat of Rolling Hills No.2 - -� �Existing Cente tin / 2S.W. CHERRY DRIVE Centerline of Future 50' Right of Way to Match Existing Centerline of Chem Drive to the blest. N {/ _ S.W. SANDBURG STREET Stone in Monument Box at th4 i 1 Easterly S.E. Corner of the 14.141. Graham D.L.C. ' _.i a• Yt R5 it Lill _. i '• i���� cj� CITY OF h Project: S.W. 72nd Avenue Area - LID No. 21 Assessment Ident. No.: 8 Tax Lot No. : 400 Tax Map No. : 2S-1-IDC Deed Reference: Book 426, Page 231 CONSTRUCTION EASEMENT KNOW ALL MEN BY TYESE PRESENTS That Anthony J. Maksym and Karalee A. Maksym of the County of , State of , in considera- tion of the sum of Dollars ( ) to them in hand paid, do hereby grant and convey unto the City 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 westerly right-of-way (50 foot wide, 20 feet west from center line) of S.W. 72nd Avenue, and a 10 foot wide strip lying northerly of, parallel and adjacent to the northerly right-of- way of S.W. Cherry Drive (40 foot wide) , said strip adjacent to S.W. Cherry Drive shall begin at the westerly right-of-way of S.W. 72nd Avenue and continue westerly 70 feet to the end of said strip. Said strips being a portion of that property described in Book 426, Page 281, Washington County, Oregon Records. Excepting there from that portion to dedicate for road purposes. See attached sketch. This Construction Easement is granted solely for the purpose of con- structing street improvements (L.I.D. 21) . Said Construction Easement shall cease to exist on August 1, 1983. Grantors covenant to and with Grantee that taey c: of in any manner interfere with or restrict, except as here., ted, 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 v WITNESS our hands and seals this day of _ (SEALS) _____--- (SEALS) (SEALS) __(SEALS) '(SEALS) _(SEALS) {INDIVIDUAL) STATE OF ) County of ss. BE IT REMEMBERED That on this day of before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named and _ who are known to me to be the identical individuals described in and who executed the above instrument and ackno.+ledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public for Stateo`Oregon My Cocunission Expires: Page 2 Construction Easement C (CORPORATE) STATE OF ) ss. County of _) On this day of _ 19 before me appeared and both to me personally known, who being duly sworn, did say that he, the said is the President, and he, the said is the Secretary of the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and _ and - acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public for Oregon My Commission expires: F e 3 istruction Easement ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By. / 4ayory O. By= o — Ci ty Recrder STATE OF OREGON ) ss. County of ) On this day of 19_, before me appeared and both to me personally known who, being duly sworn, did say that he. "the said is the Mayor, and he, the said is the Recorder of the CITY OF TIGA RD, a municipal corporation, and the said and acknowledged the said instrument to be the free act and deed of said municpal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public for State of Oregon My Commission Expires: — Page 4 Construction Easement _ 2" Iron Pipe a! the N.E. Corner of �� _ N.N. Oi-ohom D.L. C. clap tho I"i•inl �i Point of the Plat of Additional Right of Olay "HERMOSA PARK" � ^ r0 Scale: 1"= 5U' y Date: c 0 U / / aD / o Ri jhtof_L-Jay Curve,Data CO Ap = 90°00' ' / Radi us = /57•00 / Arc 23.6 / Tangent = 1500 a �No. 1 / Assessment30' Tax Lot No. 40 / Tax Map No. 2S-1-IDC 20' 20' Owner: Anthony J. Maksym and 5 Itaralee A. Maksym = / Deed Reference: Book 426, Page 281 c a / Additional Right of Way / Contains 833 ;quare Feet o / rrmre or less. N � / PARCEL 2 - ` O 9a'_il_� --T30'-- --'7 3 / COg74iA5 /QU / SQ.f T, lil.>ir'or�PSs (SPlat of Roing Hills No.2 Existing Cente•lin .11 C)S.6J- CH/ ERRY DRIVE / Centerline of Future 50' i- r / Right of Way to Match f Existing Centerline of Cherr Drive to the West.