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Resolution No. 89-43 CITY OF TIGARD, OREGON RESOLUTION NO. 89-4-3 A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF CERTAIN REAS. PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS AND THE FULL USE AND ENJOYMENT BY THE PUBLIC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID REAL PROPERTY IF NECESSARY. WHEREAS, pursuant to Oregon Revised Statutes Chapters 223, 281, and 35, the Citeof Tiga.:d is authorized to appropriate any private real property and interests therein for any public use for the general benefit and use of the people of the City, including but not limited to rights-of-way and property adjoined thereto; and, WHEREAS, by adoption of Ordinance No. 89- 1q the City Council formed the Pacific Corporate Center Local Improvement DietriC*%, and provided for the acquisition of additiof,.al a.-s`yht a-vf-be`o n.y iorder to complete the proposed street and utility improvements between Upper Boone% Ferry Road and Bonita Road; and, WHERE3S, for the health, safety, benefit and general welfare of the public, the City of Tigard plans to construct the street and utility Improvements anthoiized by ordinance No. 89-jy, and to protect the full use and enjoyment by the public of such street and utility improvements; and, WHEREAS, it appearing to the City Council that the proposed improvements are most compatible with the greatest public good and the least private injury or damage; NOW, THEREFORE, 8E IT RESOLVED by the Tigard City Council that: Section 1. The City of Tigc:rd does hereby find and declare that there is needed and required for the location, construction, operation, maintenance, repair, and improvement of the Pacific Corporate Center LID street and utility improvements on certain real property and interest therein more particularly set forth and described in Exhibit A attached hereto and by this reference incorporated herein. 6CO.Lt.si-KOf% wiU r,6.f 2xCed a oL SU tom,+ L mw k� � on o'1clals - (o Ftssi (t�,�lPs�, Section 2. The location, construction, operation, maintenance, repair and improvement of the Pacific Corporate Center LID street and utility improvements for which the real property and the interests therein described in Exhibit A are required are being taken in the public interest to ensure safe, orderly and efficient vehicle and pedestrian circulation and access and said street and utility improvements have been planned, designid, located and will be constructed in a manner that will be most compatible with the greatest public benefit in the least private injury or damage. section 3. The City cf Tigard and its designees are hereby authorL,ed to continue current efforts to agree with the owners and other persons in interest in the real property and interests _ described in Exhibit A as to the compensation to be paid for the appropriation of tha property, and, in the event that no satisfactory agreement can be reached, then the attorneys for the City of Tigard are hereby directed and authorized to commence and prosecute to final determination such proceadings as may be necessary to acquire the real property and the interests therein and that upon the filing of such proceeding, possession of real property and interest therein may be taken immediately. PASSED% By vote of all Council members present after being read by number and title only, this ,3a+2-Ij day of Kay, 1�..9. City Recorder, City of Tiga_a -- APPROVED; This� "`� day of f• i 1485. J w - s, Kayor Approved as to fort.: ty Attorneys Office � Date: 1 1 { 65/23,,89 09:31 x'503 228 1235 MSA„MEI -.»» CITY OF TICARD 10002 PAC014 5-23-89 LE<iAL DLBCRZPTZOb1 D.W.B. 80 FOOT RXGHT-OP-NAY OVER SMET3 PARCEL A tract of land in the northeast one-quarter of Section is, Township 2 South, Range 1 West Of the WillaMette Meridian in the city of Tigard, Washington county, Oregon; said tract being a portion of that parcel of land described in a conveyance to John E. Smeta and Marietta D. Suets, recorded March 31, 1975 in Book 1016, page 416, Washington County Book of Records; said tract being more particularly described as follows: Beginning at the southwest corner of Lot 4, of BONITA QARDZUS, ac:c or'in to the map thereof ra orAoA_ Nove,�hor il__ i9li. in Plat Book S. at page 11, plat records of Washington County; thence Worth 0021144„ West, alOI19 the West line of said Lot 4, a distance of 416.00 fret to the northwest corner of said Si"cs parcel; thence North 880351310 East, along the north line of said Smets parcel 14.60 fest to an angle point thereof; thence along the northeasterly boundary of said Smote par=cel, along the arc of a nos!-tangent 100.00 foot radius curve to the left,, through a central angle of 6804312311 an arc distances of 119.94 feet (the chord of which bears South 35.86110” East, 112.88 feet) to a point whish lies 80.00 feet easterly of, when measured at right angles to, the west line of said Lot 4; then.^.,e South 0621144" East, parallel with the caeat line of said Soot e4, a distance of 3231.9e feet to the south line of said Lot 4; thence South 89-2611041 West, along the south Line of said Lot 4, a distance of 80-00 Z*et to the point of beginning. Containing 25,941 square fact or 0.664 acres, more or less. Bearings of this description are based on County Survey 022,790 filed in they office of the Washington County Surveyor. -9-v Deane W. ,Blair, P.L.S. 1981 rXV13 EVAM?iYU&W)LL. S[cum 1 Ga p , f j I }"tC'!iOf .:trY3 CR1.;.85. &V-V-'MVn KVIN 1PS,UVWCAPE.VaffTECTY a" �`¢y_ _rr.•£-�f�I..1'Y�(sAt{' rMsV Coa;ast A%maz ' y i o' - (CR 636-10'WIOE/ n SO•-I TA 32 RODS, 20' `AS 4.20 - T TO PUBLIC 1013/92! 100 w ez; es Tee 20 5.7.9 AC. o� 100-mI 00 200 500 •16 AC A 200-M) szs 4 o �K � > I 1001 !! x 1Ps�t)•— td® ST E O' sz�.s9' 800 R22.79 AG o � i 32769' 23+ EAST �e E343 +n ms 11277) v � _ 1 R _ - �-c r� P TO ACCOMPANY DESCRIPTION VVITHIN THE SE 1/4 NE 1/4 SECTION 12 T25 RIW 1-=;®®l.