ODOT - Transfer of Frontage Road 10. URBAN SERVICES POLICY DISCUSSION - Continued
a. Discussion followed regarding the provision of urban services in
the, unincorporated areas of interest surrounding Tigard. City
Administrator stated the intent of the meeting was not to set the
policy but to direct work on the policy discussion with the County .
b. Motion by Councilor Brian, seconded by Councilor Edwards to send a
letter to the Washington County Board of Commissioners expressing
the City' s interest to discuss the policy issues. (A copy of the
letter is attached and made a part hereof).
Approved by unanimous vote of Council present.
C. Consensus of Council was to also direct a letter to the Board
Chairman of the Metzger Water District regarding the same matter.
(Copy is also attached and made a part hereof) .
11. ORDINANCE N0. 86-15 AN ORDINANCE AMENDING ORDINANCE NO. 86-11
RELATING TO OFFICERS AND DEPARTMENT HEADS, AND
DECLARING AN EMERGENCY.
a. Legal Counsel recommended Council adopt the proposed ordinance so
that the hiring of the new Chief of Police would be under an "at
will - without cause" doctrine. He noted that another ordinance
would be presented for consideration at a future meeting regarding
other staff positions.
b. Motion by Councilor Edwards, seconded by Councilor Brian, to adopt.
Approved by unan.i4nous vote of Council present.
12. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate discussion._ Anyone may request
that an item be removed by motion for discussion and separate action.
Motion to:
12.1 Approve Council Minutes - January 28, 1986
12.2 Receive and File:
o Departmental Monthly Reports - January, 1986
o Community Development Land. Use.Decisions
12.3 Approve OLCC Applications and Authorize Forwarding To OLCC:
Renewal Applications
a Tigard Bowl, 11660 SW Pacific Highway, RMB Application
o Circle K Store #572, 9930 SW Walnut Street, PS Application
o Godfather' s Pizza, 12286 SW Scholls Ferry Rd, , R Application
o Savory Sandwich, 242 Tigard Plaza, R Application
o Greenway Pub, 12272 SW Scholls Ferry Rd. , RMB Application
Change of Ownership & Change Of Privilege Application:
o Funnelli' s Pizza, 14385 SW Pacific Hwy. , R Application
12.4 Adopt Criterion For City Administrator Performance Review
✓12.5 Accept Unified Sewerage Agency Street Dedication - SW Burnham
✓12.6 Approve Quitclaim, 99.W Frontage Road., 'State of Oregon - Res. 86-27
/12.7 Approve County Uniform Road Improvement Design Standards - '
Memorandum of Understanding and Authorize Signatures
12.8 Approve Sanitary Sewer Service Agreement - Tigard Christian Church
- O'Mara & Hall
Page 4 - COUNCIL MINUTES - FEBRUARY 24, 1986
a.. Motion by Councilor Brian, seconded by Councilor Edwards to adopt
consent agenda with the deletion of 12.8 to be scheduled at a
future meeting for consideration and the addition of the following
items to 12.3 :
o Renewal Application for Skipper' s Seafood & Chowder House,
11685 SW Pacific Hwy. , R Application
o Change of Ownership for Los Baez Mexican Restaurant, 11475 SW
Pacific Hwy. , R Application
b. Councilor Edwards discussed various questions on items under
consent agenda consideration.
Motion to adopt the consent agenda with changes was approved by
-- unanimous vote of Council present.
13. NON—AGENDA ITEMS: No items were discussed.
REGULAR SESSION RECESSED: 8:06 P.M.
14. EXECUTIVE SESSION: The Tigard City Council went into Executive
Session at 8:17 P.M. under the provisions of ORS 192.660 (1) (a) & (h )
to discuss employment of public officer/employee and current/pending
litigation issues.
aRecorder
eputy City — City of Tigard
ATTEST:
/l
�M� or — City of Tigard
1W/3752A
Page 5 — COUNCIL MINUTES — FEBRUARY 24, 1986
CITY OF TIGARD, OREGON
RESOLUTION NO. 86-4PL-L
A RESOLUTION RELINQUISHING A PORTION OF THE FORMER RIGHT-0F- JAY OF PACIFIC
HIGHWAY WEST TO THE STATE OF OREGON, ACTING BY AND THROUGH ITS DEPARTMENT OF
TRANSPORTATION, HIGHWAY DIVISION.
WHEREAS, prior to 1977 the State of Oregon, by and through its Department of
Transportation, Highway Division, (hereinafter "State") relocated the Park
Street-Watkins Avenue - section of the Pacific Highway West, State Primary
Highway No. 1W, (hereinafter "Pacific Highway West"), in Washington County,
Oregon,
WHEREAS, that by reason of the relocation of the Park Street-Watkins Avenue
section of the Pacific Highway West, the following described section of the
right-of-way of the - former route of•...tbe highway was no longer needed by the
State, to wit:
That certain real property situated in the George
Richardson D.L.C. No. 38, Township 2 South, Range 1 West,
W.M. , Washington County, Oregon, and being all that
property described in that deed to the State of Oregon, by
and through its State Highway Commission, recorded in Book
332, Page, 421 of Washington County Book of Records. ALSO
that portion of that property described in those deeds to
the State of Oregon, recorded in Book 148, Page 399 and in
Book 146, Page 157 of Washington County Book of Records
lying Southeasterly of a line parallel with and 40 feet
Southeasterly of the center line of the relocated Pacific
Highway West, which center line is referred to in said
State of Oregon Deeds, excepting therefrom all that
property lying northwesterly of a northwesterly projection
of the southwesterly line of that tract of land as
conveyed to Roland and Mary Ingalls recorded in Book 270,
Page 455, Washington County Deed Records.
WHEREAS, pursuant to ORS 271.330 and an Agreement dated January 6, 1977 by and
between State and the City of Tigard, the State by Abandonment and Retention
Resolution No. 560 dated January 18, 1977 transferred the State's right, title
and interest to the City of Tigard, and the City of Tigard agreed to maintain
the Property as a part of its city street system;
WHEREAS, the City no longer needs the Property for public road purposes and
does not wish to continue to maintain the property;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
The City of Tigard hereby relinquishes all its right, title and interest in
the Property to the State, and that all right, title and interest of the City
of Tigard in the Property shall hereby pass to and vest in the State.
RESOLUTION NO. 86-G
Page 1 of 2
BE IT FURTHER RESOLVED, that the Mayor and City Recorder are authorized and
directed on behalf of the City of Tigard to execute and deliver to the State a
!.
Quitclaim Deed to that portion of the Property relinquished to the City by the
State by the Relinquishment of Title dated April 5, 1977 and recorded April 7,
1977 in Book 1156, Page 438, Deed of Records of Washington County, Oregon.
PASSED: This q - day of 1986.
yore- City of Tigard
ATTEST:
D
puty City Recorder - City of Tigard
RESOLUTION NO. 86-_a�7
Page 2 of 2
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Department of Transportation
ROBERT W. MAW (' -
�oV,t„„ STATE HIGHWAY BUILDING, SALEM, 97310 �• si'J J
January 19, 1977 CITY j ,
City of Tigard
City Hall
Tigard, OR 97223
Attention: Doris Hartig
City Recorder
'Gentlemen:
Attached for your records is a copy of "Abandonment
Resolution No. 560," adopted :by the Oregon Transportation
Commission on January 181, 1977, abandoning portions on
the Park Street-Watkins Avenue Section of .the Pacific
Highway West in Washington County.
Please bring this to the attention of the City Council.
Very truly yours,
C. W. Head
COMMISSION SERVICES
sr
Enc.
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12/27/70
RESOLUTION
WHEREAS, Pursuant to ORS 373..010 and ORS 373.015, whenever the route
of any state highway passes through the corporate limits of any city, State may
locate, relocate, reroute,; abandon., alter, or change such routing when in its
opinion the interests of the motoring public will be better served; and
WHEREAS, pursuant to ORS 271.330, the State or any political subdivi-
sion within the State may ;relinquish title to any of its property not needed by
it for public use to any other governmental body or political subdivision with-
in the State, providing such property shall be used and continue to be used for
a public purpose; and
WHEREAS, a certain portion of the Pacific Highway West, State Primary
Highway No. 1W, as formerly routed in the City of Tigard, is no longer needed
for state highway purposes; and
WHEREAS, the City of Tigard and the Oregon Transportation Commission
entered into an agreement :on January 6 1977 , relating to the
elimination and disposition to be made of said highway portion as shown colored
in red .on .Exhibit A- which :is attached hereto and by this reference made a part
hereof and
WHEREAS, said agreement provides that the State shall , by resolution,
formally eliminate from the state highway system that portion of the existing
Pacific Highway, West, approximately as shown colored in red on the attached
Exhibit A; and all State's right, title and interest therein shall pass to City
and maintenance, jurisdiction, and control thereover as a city. street shall
thereafter be assumed and performed by .City at City's sole expense.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by this Commission as
follows:
1. That by reason of the relocation of the Park Street-Watkins Avenue
Section of the Pacific Highway, West, State Primary Highway No. 1W in Tigard,
. Oregon, a section of the right-of-way of the former route of the highway is no
longer needed by the State of Oregon and is not required as a portion of the
right-of-way of the relocated Pacific Highway, West, or the state highway system,
-- which- section of right-of-way of the former route of the highway is identified
as Unit A and is described approximately as follows:
Unit A
All the land within the right-of-way boundaries of the
Pacific Highway West,. State Primary Highway No. 1W, as former-
ly routed lying,outs ide the southeasterly right-of-way boundary,
of said Pacific Highway West, as now relocated from approximate y.-
opposite relocated highway engineers station 119+00 to 134+50,-
and lying in Section 2, Township 2S, Range 1W, Willamette
Meridian, Washington County, Oregon.
2. . That under the agreement entered into by the Oregon Transportation.
Commission and the City of Tigard on January & , 19 77, Unit A, as
heretofore described and as shown colored in red on Exhibit A, is hereby duly
eliminated as a portion of the Pacific Highway West, and the state highway system,
and all right, title and interest of the State of Oregon in Unit A: hereby pass
to and vest in .the City of Tigard.
3. That State shall , under ORS 271.330, relinquish to the City of
Tigard any deeded property located within the boundaries of Unit A as heretofore'
described.
4. ; That State shall retain .any slope easements now in effect on Unit A
as heretofore described.
5. That the right-of-way of the existing Park Street-Watkins Avenue
Section of the Pacific Highway, West and that real property acquired by the
State of Oregon, as shown colored in Green on Exhibit A, is needed for right-
of-way and other public purposes, and therefore, this Commission hereby declares .
and orders that possession of and title to all the land or area shown colored in
green on Exhibit A shall be retained and held by the State of Oregon, by and
through its Oregon Transportation Commission.
6. That this resolution be. entered in.full in the minutes and',records
of the Oregon Transportation Commission as Abandonment and Retention Resolution
No. 560 this 18th day of January 1977. , and a duplicate copy
here—of—Fe mailed to tTie -City of igar .
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CITY OF
Department f Transportation
ROBERLW. STRAUB
fAVERMq STATE HIGHWAY BUILDING, SALEM, OREGON 97310
January 12,, 1977
City of. Tigard
City Hall
3 � �f.� '`� Tigard, OR 97223
Attention: Doris Hartig
City Recorder
Gentlemen:
Attached for your records is a fully executed copy
of an agreement transferring a frontage road (Park
Street-Watkins Avenue Section) along the Pacific Highway
West to the City of Tigard.
We have retained a fully executed copy of this
agreement for the Transportation Commission's files.
Very, t5uly yours,
/v..
C. W. Head
COMMISSION SERVICES
f kn
Att.
.r,
r PBA:sch
Y1/171Z6
AGREEMENT
THIS AGREEMENT, made and entered into by and between the STATE OF
OREGON, by and through its Department of Transportation, Highway Division,
hereinafter called. "State and the CITY OF TIGARD, a municipal corporation,
by and through its City Officials, hereinafter called "City
WITNESSETH
RECITALS
1. For the purpose of furthering the development of a highway sys-
tem adapted in all particulars to the needs of the people of the State of
Oregon, State has relocated and constructed the Park Street-Watkins Avenue
Section of the Pacific Highway West, State Primary Highway No. 1W, in
Washington County, in the City of Tigard.,. as. shown colored in red on the map
attached hereto, marked Exhibit "A" and by this reference made a part hereof.
2. Pursuant to ORS 373.010 and ORS 373.015, whenever the route of
any state highway passes through the corporate limits of any city, State may
locate, relocate., reroute, abandon, alter, or change such routing when in its
opinion the interests of the motoring public will be better served.
3. Pursuant to ORS 271.330, the State or any political subdivision
within the State may relinquish title to any of its property not needed by it
for public use to any other governmental body or political subdivision within
the State, providing such- property shall be used and continue to be used for
a public purpose.
4. The construction. of said project makes possible the elimination
by State of a portion of the original route of the said Pacific Highway West
as shown colored in red on the attached Exhibit A and hereinafter referred to
as Unit A. Unit A, as hereinafter described, is needed for the service of
persons living thereon or for community served thereby. The parties hereto
plan and propose that jurisdiction and control over Unit A shall pass to City,
and that said Unit A shall be maintained by City as part of its city street
system.
5. Unit A is described approximately as follows:
All the land within the right-of-way boundaries of the
Pacific Highway West, State Primary Highway No. 1W, as formerly
routed lying outside the southeasterly right-of-way boundary
of said. Pacifi'c Highway West, as now relocated from approximately
opposite relocated highway engineers station 119+00 to 134+50,
and lying. in Section 2, Township 2S, Range 1W, Willamette Meridian,
Washington County, Oregon.
s
NOW, THEREFORE, the premises being in general as stated in the fore-
going RECITALS, it is agreed by and between the parties hereto as follows:
THINGS TO BE DONE BY STATE:
1. . State, by resolution, shall formally.e.liminate UnitA as a part
of the Pacific Highway West and the state highway system, and all right, title
and interest which State has in .the 'right-of-way of the sai:d .Unit A shall there-
upon pass. to and vest in City.
2. State shall , under ORS. 271.330, relinquish to the City of Tigard
any deeded property located within the boundaries of Unit A as heretofore
described..
3. State shall retain any slope easements now in effect on Unit A
as heretofore described.
4. State shall retain that portion of the right-of-way of the Pacific
Highway West and that .real property acquired by State for highway right-of-way
and other public purposes, shown outlined in green on Exhibit A.
THINGS TO BE DONE BY CITY
1. . City, by execution of this agreement, hereby .approves the RECITALS,
THINGS TO BE DONE. BY' STATE, and all .other provisions of this agreement.
2. City agrees to accept all of State's right, title, and interest,
, and assume all jurisdiction and control over the said. Unit A, as shown colored
in red on the attached Exhibit A, and shall maintain same at .its sole expense
as part ofits city street system.
- 2 -
3. City shall pass an ordinance or resolution, as the case may be,
authorizing the Mayor and Recorder to enter into the agreement on behalf of
City, and the same shall be made a part hereof and attached hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their seals as of the day and year hereinafter. written.
The Oregon Transportation Commission, by a duly adopted delegation
order, authorized fts Chairman or Vice Chairman to act in its behalf .in .
approving this agreement. Approval was given for this agreement on
77 by GNRMaN JACKSON whish approval is on
f e in t e Commiss on records. The delegation Filer also authorizes the
State Highway Engineer to execute the contract on behalf of the Commission.
APPROVED STATE OF OREGON, by .and through its
Department of, Transportation
Hig way Division
Deputy State Highway Engineer
State Highway Engineer
CITY OF TIGARD, by and through its
City. Officials
By '
Mayor
By c,cd
City Recorder .
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December 17, 1976
George N. Hopkins
Local, Government -Programs Engineer
Department of Transportation
State Highway Building
"i'em, Oregon 97310
-
Dear Mr. Hopkins a
Please be advised the' Tigord City Council, at their retulor'meeting .
December 13, 1976, adopted Resolution No. 76-97 .which authorised the
execution of the, agreement to transfer the frontage road along
Pacific Highway (99W). to the City of Tigard.
Please present the. eacXosed documents to. the`Transportation Commission
for approval acid.- return an executed copy for our_, records. -
Thank you 'for your assistante'4n Oie ,ma'.tter.
Sincerely,
Dosis Har tit '
Ci ty Recorder
DHslw
BDG.
CITY OF TIGARD, OREGON
RESOLUTION No. 76-
A RESOLUTION AUTHORIZING MAYOR AND RECORDER TO EXECUTE AN AGREEMENT WITH
THE STATE RELATING TO ASSUMPTION OF JURISDICTION AND MAINTENANCE OF A
PORTION OF PACIFIC HIGHWAY WEST GENERALLY DESCRIBED AS FRONTAGE ROAD
LOCATED IN THE VICINITY AND ACROSS FROM PARK STREET.
WHEREAS, the State of Oregon, acting by and through its Oregon
Transportation Commission, Highway Division, has caused to be prepared
and submitted to the City of Tigard, Oregon an agreement providing for
the abandonment from 'the State highway system of a portion of Pacific
Highway West approximately described as :
All the land within the right-of-way boundaries of
the Pacific Highway West, State Primary Highway No. 1W,
as formerly routed lying outside the southeasterly
right-of-way boundary of said Pacific' Highway West,-
as now relocated from approximately opposite relocated
highway engineers station 119+00 to 134+50, and lying
in Section 2, Township 2S, Range 1W, Willamette Meridian,
Washington County, Oregon, and .as delineated on a map
attached as Exhibit "A" of the above referenced agreement,
and providing that the City of Tigard rake over the jurisdiction and
maintenance of this section, and
WHEREAS, said agreement as submitted has been presented to and
considered by the Tigard City Council and approved as submitted;
NOW, THEREFORE,
BE IT RESOLVED by the City of Tigard that the Mayor and Recorder
are hereby directed and authorized to execute said agreement on behalf
of the City of Tigard.
PASSED: This 13th day of December , 1976.
Mayor
ATTEST:
City Recorder
97
RESOLUTION No. 76-
e
F
DEPARTMENT OF TRANSPORTATION
ROBERT W. STRAUB
GOVECHOY
STATE HIGHWAY BUILDING • ® SALEM, OREGON • • 97310
November 26, 1976 �� � ��`� 1976
1
Mr. Dick Bolen
City Planning Director
City of Tigard
P. 0. Box 23557
Tigard, Oregon 97223
Dear Mr. Bolen:
In response to your letter of September 24, 1976, we
have prepared an agreement to transfer the frontage road along
the Pacific Highway (99W) to the city as requested.
The agreement provides for the transfer of all right,
title and interest in the unit to the city. Any slop easements
will be retained by the state. Any deeded property in the unit
will be transferred to. the city by deed of relinquishmen;t',
Please review the agreement and if satisfactory, .:present
it to your City Council °for approval .
Have the Council adopt a resolution similar to the en-
closed authorizing the recorder and mayor to sign the document in
their behalf. Then return all copies of the agreement and reso-
luti'on to this office for approval by the Transportation Commission.
A fully executed copy will be returned for your records.
Thank you for your cooperation.
Very truly yours,
Aement. Hop ins
rnPrograms Engineer
GNH/PBA:sch
Enclosure