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Resolution No. 95-21 CITY OF TIGARD, OREGON RESOLUTION NO. 95-_,_ A RE SOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON SW BURNHAM STREET AT MAIN STREET AND SHE FULL USE AND ENJOYMENT BY THE PUBI,IC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID REAL PROPERTY. WHER AS, pursuant to Oregon Revised Statutes Chapter 223, 281, and 35, the City of Tigard is authorized to appropriate any private real property and interest 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, in the Capital Improvement Program the Planning Commission recommended that SW Burnham Street be widened at Main Street to provide an additional turn lane at the intersection and improve the sight distance for vehicles; and WHEREAS, for the health, safety, benefit, and general welfare of the public, the City of Tigard plans to construct street improvements along SW Burnham Street at Main Street, and to protect the full use and enjoyment by the public of such street improvements; and WHEREAS, it appearing to the City Council that the proposed improvements are most compatible with greatest public good and the least private injury or damage; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City of Tigard does hereby find and declare that there is needed and required for the location, construction, operation, maintenance, repair, and improvement of SW Burnham Street at Main Street, real property and interest therein more particularly set forth and described in Exhibit A attached hereto and by this reference incorporated herein. Section 2: The location, construction, operation, maintenance, repair, and improvement of the SW Burnham Street at Main Street improvement project 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 have been planned, designed, 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 of Tigard and its designees are hereby RESOLUTION NO. 95- ,,)l Page 1 r 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 att ornevs for the City of Tigard are hereby directed and authorized to commence and prosecute to final determination suc -i 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. PASSED: This day of , 1995. s N,ay City of Tigard ATTEST: �- 9 City Recorder - City of Tigardv g-ln-ROW-... RESOLUTION N0. 95- Page 2 EXHIBIT"All A tract of land in;section 2,Township 2 South,Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon. Beginning at an iron pipe in the center of Taylor's Bridge Road set for the most Northerly corner of,the Burnham Tracts;ruining thence North 53'30'East along the center of said road 47.1 feet to an iron bar;thence South 45°27'East 115 feet to a stake; thence South 53°30'West parallel with said road,47.1 feet to the line of Burl�bam Tracts; thence North 45°27'West following said Burnham Tracts 115 feet to the place.of the beginning.��.a�