Res. 2266 - Public Necessity and Purpose for Acquisition of a Waterline Easement and Authorizing Good Faith Negotiations and Condemnation Actions COUNCIL BILL NO. 3308
RESOLUTION NO. 2266
A RESOLUTION DECLARING THE PUBLIC NECESSITY AND PURPOSE FOR ACQUISITION
OF A WATERLINE EASEMENT AND AUTHORIZING GOOD FAITH NEGOTIATIONS AND
CONDEMNATION ACTIONS.
WHEREAS, under ORS Chapter 35, a local government agency is authorized
to declare by resolution or ordinance the necessity and the purpose for which it
is initiating acquisition of certain property rights; and
WHEREAS, the City has an adopted Comprehensive Plan with Water System
Master Plan that includes a policy for the City to "develop a supply and [water]
distribution system that provides for reliable fire protection"; and
WHEREAS, the City is undertaking a project to complete a looped municipal
waterline connection running from the Salud Medical Center property located at
1175 Mt Hood Avenue, Woodburn, Oregon, to the westerly adjacent property at
1055 Mt Hood Avenue, Woodburn, Oregon, including the construction of a five-
foot (5') waterline extension over the property at 1055 Mt Hood Avenue
("Infrastructure Improvement Project"); and
WHEREAS, construction of the Infrastructure Improvement Project advances
the City's goal of completing Project No. M-6 in the City's adopted Water System
Master Plan and addresses and mitigates the fire flow deficiencies identified in
this area of the City, per figure 4-1 of the Water System Master Plan; and
WHEREAS, in order to complete construction of the Infrastructure
Improvement Project, the City must acquire a permanent waterline easement
over a portion of the property at 1055 Mt Hood Avenue, Woodburn, Oregon; and
WHEREAS, the Infrastructure Improvement Project has been planned and
located in a manner which is most compatible with the greatest public good and
causes the least private injury; and
WHEREAS, the City has authority under its Charter, ORS 225.020, and ORS
Chapter 35 to acquire rights of way, easements, and fee property by good faith
negotiation, agreement, and purchase or by exercise of the power of eminent
domain with condemnation proceedings; and
WHEREAS, after first declaring through this Resolution the necessity of the
acquisition of real property and the purpose for which it is required, ORS 35.235
requires the City to attempt to agree with the owner of said real property the
Page 1 -COUNCIL BILL NO. 3308
RESOLUTION NO. 2266
compensation to be paid therefor, and the damages, if any, for the taking
thereof, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Council hereby declares that the acquisition of a
waterline easement over approximately ±80 sq. ft. of certain real property,
generally described and depicted on the attached Exhibit A and owned by KWG
Enterprises LLC, a limited liability company of Oregon, is necessary for the
construction and operation of the Infrastructure Improvement Project.
Section 2. The construction of the Infrastructure Improvement Project is
necessary for the public interest, and has been planned, designed, located and
will be constructed in a manner that will be most compatible with the greatest
public good and the least private injury.
Section 3. The immediate possession of the real property interest is
necessary.
Section 4. The City's staff are authorized to negotiate an agreement with
the owner and other persons in interest as to the compensation to be paid for the
acquisition and, in the event that no satisfactory agreement can be reached, the
City's staff are authorized to commence and prosecute such condemnation
proceedings as may be necessary to finally determine just compensation or any
other issue appropriate to be determined by a court in connection with the
acquisition.
Section 5. The City of Woodburn hereby expressly reserves its jurisdiction to
determine the necessity or propriety of any acquisition, its quantity, quality, or
locality, and to change or abandon any acquisition.
Approved as to Form: 1 p7. 17. ZD1(°
City Att ey Date
APPROVED:
Frank Loner n, Mayor
Passed by the Council 's i-
Submitted to the Mayor
Approved by the Mayor �i �,
Filed in the Office of the Recorder r z_.
Page 2-COUNCIL BILL NO. 3308
RESOLUTION NO. 2266
0
ATTEST: '! AJi ( \L4'I1'I
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 3-COUNCIL BILL NO. 3308
RESOLUTION NO. 2266
EXHIBIT A
Waterline Easement
Being in a portion of the Northwest one-quarter of section 8 Township 5 South, Range 1 West,
Willamette Meridian, and lot 8 Block 1 Walilale Homes Tracts, Marion County Woodburn,
Oregon more particularly described as follows:
Commencing at a 5/8"iron rod at the Southeast corner of parcel 1 of partition plat recorded in
2000-55 Marion County auditors records. Said point being on the North Right-of-Way of State
Highway 214 (Mt. Hood Avenue);
Thence, along the east line of said parcel the following courses and distances:
North 16°29'31" East, for a distance of 200.98 feet;
North 15°5135" West, for a distance of 13.30 feet;
North 03°33'40" East, for a distance of 31.49 feet;
North 43°41'20" West, for a distance of 34.32 feet;
North 05°08'40" East, for a distance of 109.10 feet, to the True Point of Beginning;
Thence, continuing along said east line,North 05°08'40" East, for a distance of 16.01 feet;
Thence, leaving said east line,North 87°00'28" West, for a distance of 5.00 feet;
Thence South 05°08'40" West, for a distance of 16.01 feet;
Thence South 87°00'28" East, for a distance of 5.00 feet, to the True Point of Beginning.
Containing 80 more or less square feet.
Subject to and together with public roads, easements, and restrictions of record.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JANUARY 10TH, 2023
ADAM B. THOMPSON
100516
EXPIRES: 3 O -Z
EXHIBIT A
L
/
L7
r q a
PARCEL 1
LINE TABLE P.P. 2000-55
LINE BEARING DISTANCE
L1 N 1551'35" W 13.30' REGISTERED
L2 N 03:33'40" E 31.49' PROFESSIONAL
LAND SURVEYOR
L3 N 43'41'20" W 34.32' I.
L4 N 05178'40" E 16.01'
L5 N 87V0'28" W 5.00' OREGON ry
L6 S 05178'40" W 16.01' JANUARY 10TH, 2023
ADAM B. THOMPSON
L7 S 87170'28" E 5.00' 100516
EXPIRES: G -30-- 2
MT, HOOD
AVENUE
5/8" IRON ROD CS 26741
AT IFS SE CQRNER 0IF PARCEL I'_
AS 57IOMA ON
PARflflON PUT 2000`55
[ U
!rG ligp M ri ` �i' 6a i�se r „ d y4 SCALE: N.TS.
FOR WATER EASEMENT LOCATED IN JOB NO. 2736
PARCEL 1 P.P. 2000-55 IN DATE: 6-30-26—
Engineering - Surveying - Planning THE NW 114 OF SEC7ION 8
604 W.Evergreen Blvd.,Vancouver,WA 98660 T 5 S., R. 1 W, WM, MARION COUNTY, DWG FILE:2756L1.dwq
PH: (360)944-6519 Fax: (360)944-6539 WOODBURN, OREGON DRAWN BY.• JSV