Resolution No. 93-12 �--
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CITY OF TICna�
RESOLUTION NO. 93- 1�
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE
AC¢UISZTIoN OF CERTAIN SLOPE EASEMENTS FOR THE CONSTRUCTION OF
STREET IMPROVEMENTS AND THE FULL USE AND ENJOYMENT BY THE PUBLIC
OF SUCH IMPROVEMENTS, AND AUTHORIZING TRE CONDEMNATION OF SAID REAL
PROPERTY INTERESTS.
WHEREAS, pursuant to Oregon Revised Statutes Chapters 223, 281 and
35, the City of Tigard 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 =fights-of-way and property adjoined thereto; and
WHEREAS, by adoption of Ordinance No. 88-8, Ordinance No. 84-17,
Resolution No. 84-14 and Resolution No. 88-14, incorporated by this
reference, the City Council has formed the Dartmouth Street Local
=.r.,vcmenL District (LID X40) and has directed the acquisition of
land and the construction of said street improvements pursuant to
the staff reports, final plans and specifications, and revised
preliminary engineer's report approved and adopted by Ordinance No.
i
88-08 and incorporated herein by this reference; and
WHEREAS, for the health, safety, benefit and general welfare of the
public, the City of Tigard plans to construct the street
improvements authorized by Ordinance No. 88-08, Ordinance No. 84-
17, Resolution No. 84-14 and Resolution No. 88-14, and to protect
the full use and enjoyment by the public of such street
improvements; and
i
WHEREAS, it has been determined that as part of the street
improvements certain slope easements should be obtained, and that
the owners thereof have already been so notified and offers to
purchase such easements have been made by the City's authorized
representatives; and
WHEREAS, it has been the City's intent since the formation of LID
040 that the real property and real property interests necessary
for the project, as determined by the City's engineers, should be
obtained for the purposes set forth above; and
WHEREAS, Ordinance No. 88-08 authorized the office of the City
Engineer to approve minor adjustments or revisions to the final
plans and specifications as recommended by the project engineer;
and
WHEREAS, the City Council has determined that the slope easements
referenced herein have been considered a part of this project for
a substantial period of time by all concerned, and that their
inclusion in the project by the City Engineer was a minor
RESOLUTION NO. 93- 1---
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adjustment as defined by Ordinance No. 88-08; and
WHEREAS, the City Engineer and those acting pursuant to his
direction in seeking to acquire the slope easements described
hereiri, were authorized to proceed with that effort and that this
resolution is no more than formal recognition of decisions and
procedures previously authorized by the City Council; and
WHEREAS, it appearing to the City Council that tine proposed
improvements are most compatible with the greatest public good and
the least private injury or damage;
NOW, TMERErORE, BE IT RESOLVED by the Tigard City Council that:
Seot.�on 1: The City of Tigard does hereby find and declare that
there is heeled and required for the location,
s
construction, operation, maintenance, repair and
improvement of the LID ,x}`40 street improvements, and
for the protection of the public's full use and
enjoyment of said street improvements, and to insure
adequate public access to and from said
improvements, the real property and interests
therein more particularly set forth and described 41
in Exhibit A attached hereto and by this reference
incorporated herein. -
Section 2: The location, construction, operation, maintenance,
repair and improvement of the LID #40 street
improvements and real property adjoined thereto for
which the real property and the interests therein
described in Exhibit A are required are being taken+
as necessary in the public interest and said street
improvements and property adjoined thereto have been
planned, designed, located and will be constructed
in a manner that will be most compatible with the
greatest public benefit and the least private injury
or damage.
Section 3: The City of Tigard and its designees have been and
are hereby authorized to attempt 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 the 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 proceedings 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.
RESOLUTION NO. 93-
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PASSED: By �i([tArJ 1,2 vote of all Council
member present aftar be ng read by number and title
only, this 23rd day of March, 1993.
',Um,
III AL
Oit�co der, I -df Tigard
Pro Tem
APPROVED: This �3�' day o£ ` � 17 19 9 3.
Approved as to form:
I
tt t
y Attorney's Off ce
Date: i3 !49 9
C.
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c_\oc \dprftollock\[ 1un93(Um)
RESOLUTION NO. 93- IZ
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EXHIBIT A
A permanent easement across the following described real property
for the purpose of constructing, reconstructing, operating and
maintaining slopes:
A 10 foot wide parcel of land in the N.E. 1/4 of Section
1, T.2S. , R ,w W.M., being a portion of that particular
tract of land described in a real estate contract between
Howard S. and Margaret A. Gass and Donald E. and Julia
Gail Pollock, as recorded in deed book 746, page 446.
Washington County records. Said 10 foot wide parcel lies
south of and adjacent to the south line of the following
described tract:
Beginning at the intersection of the east line
of the Richardson D.L.C. and the north line of
said Section 3; thence S. 88,33'37"E. along
said north line 20.00 feet to the east line. of
S.W. 72nd Avenue and the True Point of
Beginning; thence S.88'33137"E. along said
north line 588 feet to the west line of S.W.
70th Avenue; thence south along said west line
70.0 feet; thence N.88'33'37"W. 588 feet to the
east line of S.W_ 72nd Avenue; thence north
70.00 feet along said east line to the point
of beginning. Parcel contains 5,880 square
feet more or less.
A permanent easement across the following described real_ property
for the purpose of constructing, reconstructing, operating and
maintaining slopes:
A 10 foot wide parcel of land lying in the Southwest 1/4
of Section 36, T.1S., R.1W, Willamette Meridian,
ash-ngton County, Oregon and more particularly described
as follows:
The Southerly 10 feet of Lot 32 FRUITLAND
ACRES, a subdivision of record in Washington
County, Oregon, excluding the Westerly 200.00
feet thereof.
Parcel contains 3,880 square feet
A permanent easement across the following described real property
for the pur—pose of constructing, reconstructing, operating and
maintaining slopes:
EXHIBIT A
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A 15 foot wide parcel of land lying in the Southeast 1/4
of Section 36, T.1S. , R.1W., W.M. Washington County,
Oregon, and more part1cularly described as follows:
Beginning at the southwesterly corner of Lot
B, Block 11, WEST PORTLAND HEIGHTS; thence
N.01'42134"E, along the West line thereof 25.01
feet to a point on the South line of Section
36, T.1S., R.1W. , Willamette Meridian, said
point being the TRUE POINT OF BEGINNING; thence
continuing along the West line of said Lot B
N.01-421341'E, 15.00 feet; thence S.88°33137"E
along a line parallel to and 15.00 feet North
of the South line of Section 36 121.24 feet
more or less to the East line of Lot 22, Block
11, WEST PORTLAND HEIGHTS, thence Southerly
along the East line of said Lot 22 15.00 feet
to the South line of Section 36; thence N.
88'33137"W along said South line 121.24 feet
more or less to the TRUE POINT OF BEGINNING.
Parcel contains 3_813 square feet.
A permanent easement across the following described real property
- for the purpose of constructing, reconstructing, operating and
maintaining slopes:
A 15 foot wide parcel of land lying in the southeast 1/4
of Section 36, T.1S., R.1W., Willamette Meridian,
Washington County, Oregon, and more particularly
described as follows:
Beginning at a 3/4" iron pipe found at the
southwesterly corner of Lot 23, Block 11, WEST
PORTLAND, HEIGHTS; thence running along the
westerly line thereof N.02°34134"E, 27.56 feet
to a point on the South line of Section 36,
T.iS., R.1W., Willamette Meridian; said point
being the TRUE POINT OF BEGINNING; thence
5.02'34134"E along the West line of said Lot
23 15.00 feet; thence S.88°33137"E, 38.34 feet
to a point of curvature; thence along a curve
to the left having a radius of 450.00 feet; an f
arc distance of 61.96 feet (the chord of which 1
bears N.87°29144"E, 61.91 feet) to a point on
the East line of said Lot 26; thence
S.0213413411W along said East line 15.18 feet;
thence Westerly along a curve to the right
having a radius of 465.00 feet, an arc distance
of 61.64 feet (the chord of which bears
S.87-381311'W, 61.60 feet); thence N.88'33137"W,
EXHIBIT A z�
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38.64 feet to the TRUE POINT OF BEGINNING.
Parcel ccntains 1,503 square feet.
EXHIBIT A
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