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Resolution No. 84-36 R Ident #29/Whitlach 9 CITY OF TIGARD, OREGON RESOLUTION NO. 34- 3 _ A RESOLUTION DECLARING THE NECESSITY AN- PURPOSE FOR ACQUISITION OF CERTAIN RIGHTS-OF-WAY AND EASEMENTS FOR 72nd AVENUE AREA LOCAL IMPROVEMENT DISTRICT, IRECTI11C AN ATTEMPT To AGREE WITH OWNERS AS TO COMPENSATION: THEREFORE 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 May 14, 1984; 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, iL appearing to the Council that the City Council has authority under CRS Chapter 35 to acquire rights-of-way and easements therefrom by purchase, condemnation proceedings or any other means; and WHEREAS, it appearing to the Council chat is 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 and easements 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: I. 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 and easements 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 and easements 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 and easements being described in Exhibit 'A", "B", and "C" ateacl—d hereto and incorporated herein. Page 1 RESOLUTION NO. 84- 36 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-., ,Y 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 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 and easements. I PASSED on this q day of y ice�- 1984. Mayor pro tem - City of Tigard ATTEST: Deputy City Recorder - City of Tigard (br/1538A) Page 2 RESOLUTION NO. 84- 36 f EXHIBIT A RIGHT-OF-WAY A parcel of land in the N.E. < of Section 12 of T. 2S, R 1W, W.M., in the City of Tigard, Washington County, larly described as follows: Oregon, more particu- Beginning at a point that is N 01 16' 56" W, 1248.903 S 89- 43- 04" n; 10 feet fra feet and ized 1/16th�� inside at the recogncornerpiPe noted�as brass dsc County Survey No. 13,247, said beginning point also being S 0* 16' 56" E, 1378.363 feet and S 89* 43' 04" W, 10 feet from a stone at the recognized N.W_ corner of the East 3i of the N.E. of said Section 12, noted at Point "B" on County Survey No. 13,247; thence northwesterly along a -10.00rf-oot radius curve to the left (through a central angle Of 90° 47' 48") , 63.39 feet N18ng Shord6bears40.70 feet011 ° 5to a,56.96 feet) to a point; thence 40.70 feet to the Point of Beginniingnt; thence S 0° 16' S6" E, i EXHIBIT B PERMANENT EASEMENT FOR A STORM DRAIN Being over that portion of the tract described in Fee No. 81-018910 of the Washington County, Oregon deed records that falls within a 25 foot wide strip of land the centerline of said strip !being 12.5 feet on each side of said centerline) being more particularly described as follows: Beginning at a point that is N 89 40'44" E 20.00 feet and N 0 16'56" W 1160.14 feet and S 89 02'56" W 30.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner (the northwest corner of the N.E. 1/4 of the S.E. 1/4 of Section 12, T2S, R1W, W.M.) shown as Point "P" on County Survey No. 13,247, said beginning point is also N 89 43104" E 20.00 feet and S 0 16156" E 1467.11 feet and S 89 02156" W 30.00 feet from a stone at the recognized northwest corner of the East 1/2 of the N.E. 1/4 of said Section 12, shown as Point "B" on County Survey No. 13,247; thence along said centerline S 89 02156" W 50.00 feet to the end of said centerline. This permanent easement is granted for the purpose of laying, constructing, replacing, and maintaining storm drainage lines thereunder, and the easement herein granted shall include the right for the Grantee to go over, across and under said land for the purpose of installing said storm drainage lines and maintaining and repairing them, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement. EXHIBIT C TEMPORARY CONSTRUCTION EASEMENTS Beginning: July 19, 1982 Terminating: November 1 1983 1. That portion of the tract described in Fee No. 81-018910 of the Washington County Deed Records (TL 2000, Map 2S-1-12A) that falls between a line 40 feet northerly at right angles and parallel to the centerline as described in Exhibit B above, the most sontherly boundary of the tract above- mentioned and between the most easterly boundary (being the westerly Right-of-Way of S.W. 72nd Avenue) and the most easterly-west boundary of the said tract described in Fee No. 81-018910 of the Washington County Deed Records. 2. That portion of the tract of land described in Fee No. 81-018910 of the Washington County Deed Records (TL 2000, Map 25-1-12A) which falls between a line which is 30 feet westerly at right angles and a line which is 50 feet at right angles, both lines parallel to a certerline 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; f- thence N 0' 16' 56" W, 2627.25 feet to a point that is N 89' 43' 04" 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, Except that portion lying within the temporary construction easement described in parcel No. 1 above and that portion lying within the right-of-way described in Exhibit A. 3. That portion of the tract of land described in Fee No. 81-018910 of the Washington County Deed Records (TL 2000, Map 2S-1-12A) which falls between a line 30 feet southerly at right angles and a line 40 feet southerly at right angles, both lines being parallel to a centerline described as 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' 16' 56" 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 S 88' 55' 16" W, 737.15 feet to the end of said centerline. A 5/8 inch rod lies N. 1' 4' 44" W, 20.00 feet from the end of said centerline. 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