Resolution No. 14-41 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 14-y /
A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE
OF CONSTRUCTING WATER IMPROVEMENTS ALONG SW BONITA ROAD AND
AUTHORIZING IMMEDIATE POSSESSION OF THE PROPERTY
WHEREAS,the City Charter grants the City of Tigard("City's the authority to acquire land for public
purposes;and
WHEREAS, the City is authorized by ORS 223.005 et 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 construction of the Lake Oswego/ Tigard water partnership program is an approved
capital improvement project identified in the City of Tigard C*italI"wment Pox(the `Prrry'ed'�and
WHEREAS,the City will be constructing this Project for the health,safety,benefit,and general welfare
of the public by addressing water supply for the City;and
WHEREAS, the City needs to acquire both permanent and temporary construction easements on
which to construct and maintain the Project improvements (including without limitation, buried
pipelines,bore pits and related equipment);and
WHEREAS,to allow for acquisition of the properties in a timely and efficient manner,a resolution of
necessity is necessary to allow the City to take all measures necessary to acquire the property interests
needed for the Project,including the exercise of eminent domain,if needed.
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, maintenance,repair, and improvement of the lake Oswego
/ Tigard water partnership program. These properties are generally depicted in
Exhibits A and B (collectively, the "Property", "Properties" or"Property Interests';
these exhibits are incorporated herein by this reference.
SECTION 2. The City does hereby find the acquisition of the Property and Property Interests is
necessary and is in the public interest,and the improvements to the Properties 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 and enter into agreements with the owners and other persons who have an
interest in the Properties as to the just compensation for the Properties.
RESOLUTION NO. 14-1/
Page 1
SECTION 4: In the event that satisfactory agreement cannot be reached for purchase of any
Property or Property Interest,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 applicable Property and/or Property Interest, 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.
h
PASSED: This day of Ya14.
Mayo -City of Tigard
ATTEST:
City Recorder-City of Tigag
RESOLUTION NO. 14-
Page 2
- i t i Exhibit A
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LEGEND Water supply equipment refers to the KmneOylJ ks Cwro Kana
~ LAKE OSWEGO-TIGMD WATER PERTNERSHIP
® Mnw,xr.r Fw MEW combination air-vacuum devices (LAVs) FINISHED WATER PIPEINE-SCEDULE 6
LAKE OSWEGO,OREGON
•�•ERr noted on this page.
CAV EASEMENTS
SW BONITA ROAD
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LEGEND KenneWy/Jenks Cwwhants
~ LAKE OSWEGO-TIGARD WATER PERTNERSHIP
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LAKE OSWEGO,OREGON
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PIPELINE EASEMENTS
® RERWYEYT E.sEYERT WEST SIDE INTERSTATE 5
A RIY LIES ® K/J 119107820
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