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Resolution No. 99-43 CITY OF TIGARD,OREGON RESOLUTION NO.99-L4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGAR D,OREGON DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS WITHIN THE BOUNDARIES OF THE 69TH AVENUE LOCAL IMPROVEMENT DISTRICT ESTABLISHED IN ORDINANCE NO.99-0?_ WHEREAS,the Tigard City Charter grants the City authority to acquire land for public purposes;and WHEREAS,the City of Tigard,is authorized by ORS 281.510 to purchase,acquire,take,use, enter upon and appropriate Iand and property within or without its corporate limits for the purpose of establishing,laying out,widening,enlarging or extending roads,streets or highways; and WHEREAS,Ordinance No 99-07 established the 69'Avenue Local Improvement District (LID), authorized the acquisition of land as provided by State law and the Tigard Municipal Code,and authorized the construction of street improvements within the boundaries of the LID; and WHEREAS,for the public purposes of improving the streets within the City of Tigard, including the streets within the boundaries of the 69"Avenue LID,for the health,safety,b--nefit and general welfare of the public,the City Council has deemed necessary the acquisition of certain properties. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The City of Tigard City Council does hereby find and declare that there is needed and required for the construction,operation,maintenw.ce,repair and improvement of the streets within the boundaries of the 69'Avenue LID,property located in the City of Tigard,Washington County,Oregon as described in Exhibit"A" attached hereto and incorporated herein by this reference. n Section 2: The improvement of the streets within the 69'Avenue LID,for which the real N property and interest are described herein,is required and is being taken as necessary in the public interest and the improvements to said property will be 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. a , RESOLUTION NO.L -L4--;, Page 1 S,_e i 3_ The Tigard City Manager and tha City's attorneys are anthorized to attempt to agree with the owners and other persons in interest in the real property described herein as to the compensaiion 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 be and the same hereby are directed and authorized to commence and prosecute to final determination such proceedings as may be necessary to acquire the real property and interest therein and that upon the filing of such proceeding,possession of the real property anu .,terest therein may be taken immediately to the extent provided by law. Section 4: In any negotiations regarding the acquisition of the real property and interest therein as described above,the City Manager is authorized to attempt to agree with the property owners on compensation for the property,such compensation not to exceed the value established by the City's authorized appraisal of the property and interest therein. PASSED:This e�V day of 1999 M -City of Tigard ATTEST: City Recorder-City of Tigard L\Citywide\Res\69'Avenue IAD Lana Acquisition i i i i 3 RESOLU"t ION NO.4?-`C3 Page 2 Exhibit"A" to Resolution No.99-qJ Legal Description Lot 29,30,31 and 32,Block 29,WEST PORTLAND HEIGHTS,in the City of Tigard, County of Washington and State of Oregon Property Address 12525 SW 68'Avenue Tigard,OR.97223 I:\CITY W ID E\NECESSCONDEMN.EXA.DOC 4 ti G D H k