HomeMy WebLinkAboutAgenda - 2001-01-16 (07) `for e.r o.rwr
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AGENDA REPORT SUMMARY
MEETING DATE: JANUARY 16,2001
SUBJECT: RESOLUTION No. 01-03. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE OSWEGO DECLARING THE PUBLIC
NECESSITY TO ACQUIRE A FURTHER TEMPORARY EASEMENT
FOR THE LOCATION AND CONSTRUCTION OF THE FAIRWAY
ROAD SANITARY SEWER EXTENSION PROJECT AND ACQUIRE
IMMEDIATE POSSESSION.
RECOMMENDED MOTIONS:
MOVE TO ADOPT RESOLUTION No. 01-03. A Resolution of the City Council of
the City Of Lake Oswego declaring the public necessity to acquire a further
temporary easement for the location and construction of the Fairway Road Sanitary
Sewer Extension Project and acquire immediate possession.
EST. FISCAL ATTACHMENTS: NOTICED (Date):
IMPACT: N/A
Ordinance No.:
STAFF COST: $0 Resolution No.: Resolution 01-03
BUDGETED:
Y N
Previous Council consideration:
FUNDING SOURCE:
CITY ATTORNEY ASST. CITY MANAGER CITY MANAGER
Signoff/date Signoff/date Signoff/date
m:\Resoapt-covol.doc
RESOLUTION No. 01-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO
DECLARING THE PUBLIC NECESSITY TO ACQUIRE A FURTHER TEMPORARY
EASEMENT FOR THE LOCATION AND CONSTRUCTION OF THE FAIRWAY
ROAD SANITARY SEWER EXTENSION PROJECT AND ACQUIRE IMMEDIATE
POS SESSION.
WHEREAS, the City of Lake Oswego is authorized and responsible for the locating,
construction, operation and maintenance of a sanitary sewer system within its jurisdiction and
pursuant to that authority has found it necessary, for purposes of providing sanitary sewer to
several properties along Iron Mountain Boulevard, Fairway Road and Ridgecrest Drive, to
construct a gravity sanitary sewer, known as the Fairway Road Sanitary Sewer Extension
("Project"), a portion of which would extend along Halverson Lane; and
WHEREAS, the City Council having considered and deliberated at a public meeting the public
interest and necessity of acquiring, for a term of 21 days, a temporary construction easement
over that parcel of property within which Halverson Lane is located and more particularly
described in Exhibit"A", attached hereto and incorporated herein ("Property"); and
WHEREAS, the City Council finds it is necessary and in the public interest to acquire a further
60 day temporary construction easement over the Property to assure the completion of the
Project, including but not limited to completion of the installation of the sanitary sewer line,
overlay of Halverson Lane and repair and restoration of the Property ("Temporary Construction
Easement"); and further that the such proposed use of the Property is planned in a manner which
will be most compatible with the greatest public good and least private injury; now therefor
BE IT RESOLVED BY THE LAKE OSWEGO CITY COUNCIL THAT:
SECTION 1. The City Manager, or his designee, is authorized and directed to negotiate the
acquisition of the Temporary Construction Easement with the property owner, including
compensation for the taking. In the event the City Manager or his designee is unable to negotiate
the acquisition of the Temporary Construction Easement, the City legal counsel is authorized to
amend or file a complaint in condemnation to acquire the Temporary Construction Easement and
further, upon such filing, City legal counsel, shall move for immediate possession of the
Temporary Construction Easement. Further, upon authorization of the City Manager, City legal
counsel may make such stipulations, admissions or agreements as may be in the best interest of
the City.
Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on
the day of , 2001.
///
Resolution No. 01-03
Page 1 of 2
AYES:
NOES:
EXCUSED:
ABSTAIN:
Judie Hammerstad,Mayor
ATTEST:
Robyn Christie,Deputy City Recorder
APPROVED AS TO F
144(';'//- -i' '
David D. Powell
City Attorney
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Resolution No. 01-03
Page 2 of 2
EXHIBIT A
A 40 foot`�vl idc strip of land lying along the westerly boundary of Forest Hills Plat 3 (Plat
#544),extended from the southerly line of North Shore Road to the northerly line of Lots
188 and 189 of said Forest Hills Plat 3,said tract of land being also located in the
northeast quarter of Section 9,Township 2 South,Range I East of the Willamette
Meridian,Clackamas County Oregon,more particularly described as follows:
Beginning at a point on the westerly extension of the north line of Lot 185,in Forest Hills
Plat 3,as recorded in the records of Clackamas County,Oregon,87.11 feet westerly from
the northeast corner of said Lot 185,said point being the beginning of a curve to the left
having a radius of 87.50 feet and being tangent to a line normal to a course that bears
North 10°48'20"West;
thence along said curve to the left 225.36 feet to a point at the beginning of a curve to the
right having a radius of 58.97 feet;
thence on said curve to the right 6437 feet to an intersection with the northerly line of
Lot 187 of said Forest Hills Plat 3;
thence continuing on said curve to the right,through said Lot 187,7.61 feet to an
intersection with the southerly line of said Lot 187;
thence South 01°34'West,129.24 feet to a point on the northerly line of the island
traverse of said Forest Hills Plat 3,said point being South 39°34'East, 13.50 feet from
the northeast corner of Lot 188 of said Forest Hills Plat 3;
thence North 39°34'West, 13.50 feet;
thence South 83°56'30" West along the northerly line of Lot 188,31.40 feet;
thence North 01°34'East, 12323 feet to a point at the beginning of a curve to the left
having a radius of 18.97 feet;
thence on said curve to the left 11.28 feet,to an intersection with the southerly line of Lot
186 of said Forest Bills Plat 3;
thence continuing on said curve to the left through said Lot 186, 11.88 feet to a point at
the beginning of a curve to the right having a radius of 127.50 feet;
thence on said curve to the right 6625 feet to an intersection with the westerly line of Lot
186;
thence continuing on said curve to the right parallel to and outside of and 7.64 feet distant
at right angles from the westerly boundary of Forest Hills Plat 3,201.85 feet to an
intersection with the said westerly extension of the north line of Lot 185;
thence South 76°40' East, 10.02 feet to the westerly boundary of Forest Hills Plat 3;
thence continuing South 76°40'East along said westerly extension 53.59 feet to the point
of beginning.
EXCEPTING THEREFROM that portion of said 40 foot wide strip . EXHIBIT
described hereinabove crossing Oswego Lake and lying southerly of the
southerly lot lines of Lots 186 and 187,of said Forest Hills Plat 3.
sokri 4 01-03