Loading...
Resolution No. 11-45 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 11- � A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING, OPERATING AND MAINTAINING A POTABLE WATER PUMP STATION AS PART OF THE LAKE OSWEGO-TIGARD WATER PARTNERSHIP AND AUTHORIZING IMMEDIATE POSSESSION OF THE PROPERTY WHEREAS,the City Charter grants the City of Tigard ("City") the authority to acquire land for public purposes;and WHEREAS, the City is authorized by ORS 223.005 ct seq. and ORS 35.015 et seq. to purchase, acquire, take, use, enter upon and appropriate land and property within or without its corporate limits for the purpose provided in those statutes;and WHEREAS,the cities of Tigard and Lake Oswego are working together to develop a new water system that will meet both communities'future water needs;and WHEREAS, the new water system necessitates the construction of several capital improvement projects,including the potable water pump station;and WHEREAS, the potable water pump station will move water, via Tigard's distribution system, to customers and to several storage facilities;and WHEREAS,the City needs to acquire real property on which it can construct,operate and maintain the potable water pump station;and WHEREAS,the best location for the potable water pump station is a vacant, 1.8-acre parcel located on Milton Court("Property' because it: • Is located in close proximity to emergency interties and existing water transmission pipelines within Bonita Road. • Enables the city to distribute water to customers in the 410- and 470-foot zones and transmit water directly to several reservoirs. • Allows the city to maintain water quality standards throughout the system and when transitioning from Portland to Lake Oswego water. • Involves the least private injury;and WHEREAS, immediate possession of the Property is necessary due to the time and resource constraints of getting the new water system online by 2016;and WHEREAS, the acquisition of this Property is necessary is for the health, safety, benefit, and general welfare of the public and to operate the water system that serves 58,000 customers who reside in the Tigard Water Service Area. 50014-70301Itenr05 Attl Resolution.docxal]2/13/2011 NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City does hereby find and declare that Property located in the City of Tigard, Washington County, Oregon is immediately needed and required for the construction, operation, and maintenance of a potable water pump station to provide water to the 58,000 customers within the Tigard Water Service Area. This Property is described and depicted in Exhibit A; this exhibit is incorporated herein by this reference. SECTION 2: The City does hereby find the acquisition of the Property is necessary and is in the public interest, and the improvements to the Property will be planned, designed, located and 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 manager, city's agent, and the city's real estate attorney are authorized to negotiate with the owners and other persons who have an interest in the compensation for the Property. SECTION 4: In the event that no satisfactory agreement can be reached on the Property purchase, the city's real estate attorney is directed and authorized to commence and prosecute to final determination such proceedings as may be necessary to acquire the Property, including exercise of eminent domain, and upon the filing of such proceedings, possession of the Property therein may be taken immediately to the extent provided by law. SECTION 5: This resolution is effective immediately upon passage. t-rl --), PASSED: This day of 1. int-fy) kX"L-2011. i yor—City of Tigard ATTEST: OyunciC. 1 : Sldtnf City Recorder- City of Tigard 50014-70301Iteni05 Attl Resotution.doc IA/12/13/2011 EXHIBIT"A" ALL OF LOT 2 AND A PORTION OF LOT 1, -BONITA INDUSTRIAL PARK" A PLAT OF RECORD IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST WILLAMETT'E_MERIDIAN,,_ CITY, OF .TjriARD, WASTIINGTO-I__ COUNTY, OREGON SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE MOST WESTERLY LINE OF SAID LOT 1, WHICH POINT BEARS NORTH 04020'02" WEST 41.46 FEET FROM THE MOST WESTERLY SOUTHWEST CORNER OF LOT 1 SAID POINT OF BEGINNING ALSO BEING ON THE EAST RIGHT OF WAY LINE OF SW MILTON DRIVE, AND RUNNING THENCE NORTH 99017'03" EAST 251.59 FEET TO A POINT ON THE EAST LINE OF SAID LOT I;THENCE ALONG THE BOUNDARY OF SAID LOT 188.30 FEET ALONG THE ARC OF A 1736.73 FOOT RADIUS NON TANGENT CURVE TO THE LEFT (THE LONG CHORD OF WHICH BEARS NORTH 19°19'09" WEST 188.21 FEET) TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 73°02'59" WEST, ALONG THE SOUTH LINE THEREOF, 226.46 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE 118.20 FEET ALONG THE ARC OF A 505.00 FOOT RADIUS NON TANGENT CURVE TO THE RIGHT (THE LONG CHORD OF WHICH BEARS SOUTH 13023'34" EAST 117.94 FEET) TO THE POINT OF BEGINNING. CONTAINING 79361 SQUARE FEET TOTALLY, MORE OR LESS. THE PURPOSE OF THIS DESCRIPTION IS TO ACCOMPLISH A LOT LINE ADJUSTMENT. 50019-70301 lten105 Attl Resolution.docxWI2.73,2011 2S 1 12AS 2S i 12AB `rayw i � ' �.^s... a. •arum..«'.. .. .. � C........ ��F J��.�.-�...�. -' « �I � mr WASHINGTON COUNTY OREGON ` sw :A%:;YARKSANE -rni �xanww.r. l o" ' 23-74 .. . SECTION 12 '. ci - CAWQQMPW- O R' G ry I f0A TCP 736 r e.NITA .• + ICO 7361_ R(MO 2S 112AD 2S 1r72A� 50014-103017tem05_Attl Resolution.docxW]2/13/2011 0 z i - - S 31ViSU31NI d .: rl = Zh-go Wmfn O�• a.�� o .7 �-- Z h.Y� _ "'� �► _ 1-. Uo v • I r JtM)Id vionO3S a W i � 0%oz _! ' z( �} iia Q Q a o I ("� - a 3r r - z =z • W V=f t• O Q0. ��U- a-I 4 L` �� r j. a aim i 1 z O ; U acl OZN4 = Q^^n mUCU�� l o DQ ! UO ~ _ t V)� z oaz o �°a as v; h as M, ? ^ 9 i doZ of �p4d, p v In Z s a VH ! � 44 Z ? q WW `4 N IL, 3" H19L nsa a OMO Ab?l"719076371/1�NOl1V1$ diNlid O7—OHYOI1,S103f0Ud 0£0\db7 A! ![OZ—OLOZ�S193POdd^•�ON3��7�41Dd/amoly a[y 40J 00%1 N30,YOS 3&nL9U !!X9.9 a4J W04 PVV£Z.r9£+6 70 1101' •1Z'agO4a0 ".WMj u0 d700M AV&:,(g Pa?)-1d