83-011044 ~ 72nd Avenue ~ Upper Boones Ferry Road 83 O I ~ ~
~
830 1 10
Highway Division v
File 46031 y
Misc. C & A 4347
1A-8-6, 9B-7-8
RELINQUISHMENT OF TITLE
KNOW ALL MEN BY THESE PRESENTS, That the STATE OF OREGON, by and through its
DEPARTMENT OF TRANSPORTATION, Highway Division, hereinafter called "State", hereby
relinquishes and conveys unto the CITY OF TIGARD, Oregon, a municipal corporation,
all of State's right, title, and interest in and to the following described property,
only so long as used for public road purposes, to wit:
A
parcel of land lying in the EZ of Section 13, Township 2 South,
Range 1 West, W.M., Washington County, Oregon; the said parcel being that
portion of Lhat property uesiguaLed as Parcel 2 and described in that deed
to the State of Oregon, by and through its State Highway Commission, recorded
in Book 931, Page 497 of Washington County Book of Records lying Westerly
of a line parallel with and 25 feet Easterly of the Westerly line of said
Parcel 2.
ALSO that portion of that property designated as Parcel 3 and described
in said State of Oregon deed lying Easterly of a line parallel with and
25 feet Westerly of the Easterly line of said Parcel 3.
ALSO that portion of the original 40 foot right of way of S.W. 72nd
Ave. abutting that property designated as Parcels 2 and 3 and described in
said State of Oregon Deed.
This relinquishment is made and executed pursuant to ORS 271.330 and in
furtherance of that certain Agreement entered into by the State and Washington
County, dated October 19, 1971 and supplemental agreement dated May 6, 1974;
Washington County Resolution and Order No. 78-244 Washington County Road No. 2379
(T/J); and. Citv of Tigard, Oregon, Ordinance No. 78-82..
Dated this day of 1982.
APPROVED AS TO
LE AL SUF ICI NCY STATE OF OREGON, by and through its
DEPARTMENT OF TRANSPORTAT N,
_1gh ay Divis'
sst. Attorney General
Date
. B. Boyd, Rig of Way Manager
STATE OF OREGON, County of Marion
oZ , 1982. Personally appeared J. B. Boyd, who being sworn,
stated that he is the Right of Way Manager for the State of Oregon, Department of
Transportation, Highway Division, and that this document was voluntarily signed on
behalf of the State of Oregon by authority delegated to him. Before me:
Notary Public for Oreg n
My Commission expire e?i
dkf~ ACCEPTED BY THE TIGARD CITY CO IL MAKCH,14, 1983.
City Recorder
1174'
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STATE OF OREGON
County of Washington SS
I, Donald W. Mason, Director of Assessment
and Taxation and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
Donald W. Mason, Director of
Assessment and Taxation, Ex-
Officio Chief Deputy Clerk
O/
q~
0 T
C17 1933 A ~t 13
T ,c,rd 0~ 972-23
CITY OF TIGARD, OR-EGON
ORDINANCE No. 78-
AN 0Rr)1,iANCE ACCEPTING THE PROPOSAL AND OFFER OF THE BOARD OF C01,E4ISSIONERS OF WASHINGTON
COUNTY, OREGON, FOP THE TRANSFER OF JURISDICTION TO THE CITY OF CERTAIN COUNTY ROADS OR
PARTS THEREOF WITHIN THE CITY BOUNDARIES AS DESCRIBED IN C01,21ISSIONERS RESOLUTION AND
ORDER No. 78-244; PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
WHEREAS, by Resolution and Order No. 78-244, adopted by the Board of County
Commissioners on the 14th day of November, 1978, Washington County, Oregon, offered to
surrender jurisdiction to the City of Tigard as provided by ORS 373.270 of certain County
roads, or parts thereof, lying within the boundaries of the City of Tigard as more fully
described in said Resolution and Order No. 78-244, and as described on the attached Exhibit
"A", by this reference made a part hereof; and
.JEEREAS, it appears from the said Resolution and Order No. 78-244 that prior to the
adoption of said Resolution and Order No. 78-244, due and legal notice was given of a
time and place for public hearing of said proposal and that a public hearing was regularly
held by the Board of County Commissioners with respect to said proposal on the 14th day
of November, 1978, and that thereafter the Board of Commissioners determined that it is
necessary, expedient and for the best interests of the County to surrender jurisdiction over
said County roads, or portions thereof, to the City, all as provided by Section 373.270 ORS.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that it is necessary, expedient and for the best interests
of the people of Tigard to accept the transfer of jurisdiction over roads, or
portions thereof, as described in Resolution and Order No. 78-244 of the Board of
Commissioners of Washington County, Oregon, adopted on November 14, 1978, and as further
described on the attached Exhibit "A", and by this reference made a part hereof.
Section 2: That pursuant to Section 373.270 (4) and (S) ORS, the City of Tigard
does hereby accept the transfer of jurisdiction of those roads, or
portions thereof, described on the attached Exhibit "A", and effective with the effective
date of this ordinance, the jurisdiction of Washington County over such roads, or
portions thereof, shall cease and determine and the full and absolute jurisdiction over
the same for all purposes of repair, construction, imporovement, levying and collecting
of assessments therefore shall vest in the City of Tigard, and the same shall be for
all purposes considered public streets for the City.
Section 3: That a certified copy of this Ordinance shall be forwarded forthwith by the City
Recorder to the Board of Commissioners of Washington County, Oregon, and a copy
thereof placed in the permanent road records of the City of Tigard to thereby record in
perpetuity the jurisdiction of the City of Tigard with respect to the said roads, or partE
thereof, as described on the attached Exhibit "A".
Section 4: Inasmuch as it is necessary for the peace, health and safety of the people of the
City of Tigard, that the jurisdiction of said roads, or portions thereof, be
made a matter of in,-nediate record, and to enable the City to exercise such jurisdiction in
all respects, an emergency is hereby declared to exist and this Ordinance shall become effective
upon its passage by the Council and approval by the Mayor.
p.aSSFD: By the Council, by vote of all Council members present, after
being read two times by number and title onl , this ~ day of,j)- 1978.
Recorder - City of Tigard
APP!:O~,L.I By the Mayor, this -lay of 41,. 1978.
F~ L ~
I ff
County Road No. 2379 (T/J)
Exhibit "A"
Washington County Poads proposed to be t.r,,nsferred to the City of Tigard, namely -
1. S.W. Tieden-n Avenue (Co. Rd. No. A-55): All that portion thereof lying between
the north line of The t•Seadow, a subdivision of record in
said County, arid the division line bet.•reen the north and
south halves of the J. Hicklin D.L.C. No. 54; also...
S.W. Tiedeman Avenue (Co. Rd. No. 495): All that portion thereof lying between
the south line of that tract described in Book 263 on Page
257, in Washington County, Oregon Deed Records, and the
south line of CLYDESDALE, a subdivision of record in said
County.
2. S.W. Tigard Street (Co. Rd. No. 767): All that portion thereof lying betumen the
Division line between the north and south halves of the John
L. Hicklin D.L.C. and the north line of Lot 10 of GREENBURG
HEIGHTS ADDITION, a subdivision of record in said County.
3. S.W. Greenburg Read (Co. Rd. No. A-130): All that portion thereof lying between
the northwesterly right-of-way line of S.W. Pacific Highway
and the centerline of S.W. 95th Avenue.
4. S.W. Bonita Road (Co. Rd. No. 636): All of County Road No. 636; also
S.W. Bonita Road (Co. Rd. No. 736): All that portion of C.R. No. 736 lying between
the beginning point thereof and the east line of Lot 66 of
DURHAM ACRES, a subdivision of record in said County; also...
5. S.W. Upper Boones Ferry Road (Co. W . No. 534): All that portion of C.R. No. 534
lying bet;•.e•_1n the beginning point t-hcreof and -angle point
No. 1 of said road.
6. S.W. Frewing Street (Co. Rd. No. 713) All that portion thereof lying between a
point which bears S. 530 16' E. 178.2 feet and south 49o 22'
E. 62.1 feet from the Trost northerl,, corner of Lot 19 of
FM, ZING'S OFULkPD TRACT, a subdivision of record in said
County, and the most easterly corner of said lot; also...
S.W. Frewing Street (Co. Rd. No. 713): All that portion thereof lying betwom the
mst northerly corner of Lot 17 of F10-dNG'S OIU!iV-,D TPACT,
a subdivision of record in said County, and the northe•.tist
right-of-way line of S.W. Ash Avenue as dedicated in said
FRLI%ING OP.C'f-= `IRACT.
7. S.W. Pfaffel Street (Co. Rd. No. 975) : All that portion th;:~reof lying fit%tircn the
terminus point of C.R. No. 975 and the ctinterline intersection
of S.W. 62nd Avenue (C.R. No. 1790).
8. S.W. Shady Line: All that -ADrtion t11ereof lying easterly of the east right-of-way
line, of S.W. Greenburg Rudd.
9. S.I',. G'litlen Place: All that poi--t--ion ther of lying within the pl:ltt-,d bD~Lmtiries
of `1`J~inl'•1) 1~~T\?l C",=' 17,15, a `+L1~Xj].V1S1C)'1 of 1(~CZ~LC~ 111 5:110 Col'.nr~'.
0Kll1NANCE No. 78-
,Page 2 - Exhibit ' ( J
10. S.W. 122nd Avenue (Co. Rd. No. 358):. All Unit portion thereof lying between the
westerly extension of the north lire of that tract dedicated j
to the public by deed recorded in Gook 1123, Page 956 and
angle point No. 2 of said C.R. No. 358.
11. S.W. 121st Avenue. (Co. Pd. No. 1992) : T.11 that portion of C.R. No. 1992 lying
between the beginning point of C.R. No. 2005 and the centerline
intersection of S.W. Burlheights Street; also...
S.W. 121st Avenue (Co. Rd. No. 2005): All that portion of C.R. No. 2005 lying
between the beginning point thereof and angle point No. 1 1
Station 6+45.1), i
12. S.W. 98th Avenue (Co. Rd. No. 2048): All that portion thereof lying between the
north line of TracL "G" of SUL, -ERr^IELD No. 4, a subdivision of
record in said County, and terminus point No. 1 of C.R. No. 2048.
13. S.W. 92nd Avenue (Co. Rd. No. 2076): All of C.R. No. 2076.
14. S.W. 74th Avenue (Co. Rd. No. 1042): All that portion thereof lying bet.-,een the
south line of that tract of land as described in Bodt 339, Page
290, Washington County, Oregon Deed Records, and the north line
of Lot 18 of FANNO CFTC ACRES TRACTS, a subdivision of record
in said County.
15. S.W. 72nd Avenue (Co. Rd. No. 245): All that portion thereof lying between the
terminus point of C.R. No. 245 and the south line of Lot 15 of
FRUITLAND ACRES, a subdivision of record in said County; also...
S.W. 72nd Avenue (Co. Rd. No. 472): All that portion thereof lying between the
north line of Lot 21 of F;EVELkNM No. 2, a subdivision of record
in said County, and the terminus point of C.R. No. 472; also...
S.1%. 72nd Aventx~ (Co. Pd. No. 245) : All that portion thereof lying bet..,een the
terminus point of C. it. No. 472 : J U-,.2 Y~:;i uli.ng !-)O-,-;It- of C.R.
No. 245; also...
S.W. 72nd Avenue (Co. Rd. No. 126): All that portion thereof lying between the
beginning point of C.R. No. 245 and the b-,gi_ruiing point of C.R.
No. 126; also...
S.W. 72n3 Avenue (Co. Rd. No. 922) - All that portion thereof lying beb,,-ce-n the
beginning point of said C.R. No. 922 and the south line of
FOSD-•DOD ACRE TRACTS, a subdivision of record in said County.
16. S.W. 68th Avenue (Co. Rd. No. 11600): All that portion thereof lying betwetan the
terminus point of C.R. No. 1600 and the south right-oE-way line
of Seventh Street (S..•'. Gon?aga Street) as dedicated in t%Test
Portland Heights, a subdivision in Washington County, Oregon.
17. S.~•;. 67th Avenue (Co. Rd. No. 1601) : All that portion thereof lying tx t~~~c'n the
terminus point of C.R. No. 1601 and th,, south right-of-way
line of Seventh St_roet (S.W. Gen:%,_uga Strout.) as dedicated in
West Portland ficiyhts, It sulxlivicion ii,. t~.zsiiington Couutty, Oregon.
IN ` l-E- BOARD OF CO(NTY CUB ISSIMEERS
FOR WASHING-M4 COUNTY , OREGON
In the Matter of Surrender of Jurisdiction )
of certain county roads as described in RESOLUITION AND ORDER
attached Exhibit "A" lying within the
corporate limits of the City of Tigard, ) NO.
Oregon, to the City of Tigard, Oregon. ) County Road No. 2379 (T/J)
This matter having been considered by the Board of County Commissioners at
its regular meeting of November 14, 1978; and
It appearing to the Board that the City of Tigard, Oregon, has requested of
this Board its surrender of jurisdiction of certain county roads as described in the
attached Exhibit "A" lying within the corporate limits of the City of Tigard, said roads
being now under the jurisdiction of Washington County, Oregon; and
It appearing to the Board that said roads lay within the boundaries of the
City of Tigard and that jurisdiction over and across said roads should be transferred
properly to the City of Tigard; and
It appearing to the Board that by its Resolution and Order No. 78-229, dated
October 10, 1978, it duly requires the setting of a time and place of public hearing on
said request and requires that notice of said hearing be posted pursuant to law; and
It appearing to the Board that in accordance with said Resolution and order,
notice was duly given and a public hearing was held on this matter on the 14th day of
November, 1978, at the hour of 7:30 o'clock p.m. in Room 402 of the Washington County
Administration Building, Hillsboro, Oregon; and
It appearing to the Board that at said public hearing the B=- d heard the
matter and considered objections and testimony offered by all persons interested in the
proposed surrender of the jurisdiction, and the Board having considered this matter found
that the best interests of Washington County would be served by granting said request;
the Board hereby
FINDS AND DETERMINES that it is necessary, expedient and in the best interests
of Washington County to surrender jurisdiction to the City of Tigard, Oregon, those certain
county roads as described in the attached Exhibit "A", lying within the corporate limits
of the City of Tigard; and it is therefore
RESOLVED AND ORDERED that Washington County does, by this Resolution and Order,
make an offer to the City of Tigard to surrender jurisdiction to said City all of those
certain county roads as described in the attached F-xhibit "A" lying within the corporate
limits of said city, said offer to be accepted or rejected by that City within a reasonable
period of tune; and it is further
RESOLVED AND ORDERED that upon the legal adoption of appropriate municipal
legislation by the City of Tigard, Oregon, accepting this offer, the jurisdiction of the
County over said county roads as hereinafter described in the attached Exhibit "A" and
responsibility for the maintenance, construction and repair shall cease, and the full and
absolute jurisdiction over said roads for all purposes of repair, construction, improvement
and levy and collection of assessments thereof shall vest in the City of Tigard, Oregon,
and the City shall then have the same control, power and jurisdiction of the roads or
portions thereof as are by its Charter and the laws of the State of Oregon given or granted
over any of the public streets and alleys of said City; and it is further
RESOLVED AND ORDERED that the Clerk of the County Board of Commissioners be,
and hereby is, authorized and directed to forward a conformed copy of this Resolution
and Order to the City of Tigard, Oregon, as due notice of the offer of surrender of
jurisdiction.
DATED this 14th day of November, 1978.
BOARD OF COUN'T'Y COMMISSIONERS
FOR WSHINGMN 00[JNN, OREGON
Chairman
5 Votes aye
P.ecording Secre
APPROVED AS T FO
/ s'3rcount Cou: scl
Page 2 - R&O
DE HAAS & ASSOCIATES, INC.
CONSULTING ENGINEERS & SURVEYORS
SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070
9450 S.W. COMMERCE CIRCI.E (503) 682-2450
February 16, 1983
RECEIVED
Mr. Frank A. Currie, P.E. FEB 2 09 1983
Director of Public Works CITY OF TIGARD
City of Tigard
P.O. Box 23397
Tigard, Oregon 97223
Dear Frank:
After traveling full circuit, we are transmitting the right-of-way
relinquishment from the State on the south end of the 72nd Avenue
project.
The attached correspondence from Jim Dixon is self-explanitory and
fairly explains the State's position. It is my understanding that
Washington County has notice of the State's position and concurs.
Upon final reflection, it appears that all are looking out for Tigard's
long-range interest along with that of the general public. It appears
to me that the States final decision to relinquish 90 feet is well
researched and responsible.
We have color coded the map to show in red that area which is being
relinquished and in blue that area which will be declared surplus
and offered for sale.
The Relinquishment of Title should be recorded in the usual manner.
Sincerely,
MARLIN J,/ DE HAAS, P.E.
MJD/slc
Attachments
cc: Idents 53a and 54
Department of Transportation
HIGHWAY DIVISION ROW 12
VICTOR ATIYEH
OOJEeIIOA gA
TRANSPORTATION BUILDING, SALEM, OREGON 97310
378-6502
In Reply Refer to
File No.
February 15, 1983
Mr. Marlin J. DeHaas, P.E.
Suite 445 AGC Center
9450 SW Commerce Circle
Wilsonville, OR 97070 File No. 46031
N. Tigard Int.-Hubbard Int.
Pacific Highway
Washington County
Dear Mr. DeHaas:
I am returning to you the original relinquishment of 90 feet of
right of way from the State to the City of Tigard on 72nd Avenue.
Your letter of December 7, 1982 requested, on the City's behalf,
that we reduce the relinquishment to 60 feet and sell our holdings
outside of the relinquishment. I fully never expected approval of
retention of only 60 feet, but I did agree to circulate the request.
Approval was received in mid-January and we have been waiting for
a new description and the time to become available to process a
revised document.
I
Last week, while discussing nearby property a-ith the District
Engineer, Bill Geibel, the subject of the relinquishment was
mentioned. When I advised Bill that I was surprised we would agree
to keeping only 60 feet of right of way in the publics' name, he
was surprised of the concurrence and pulled his records for review.
Apparently, the map attached to the recirculated request delineated
a width of 100 feet and the District Engineer's approval was based
on that document. Mr. Geibel stated he could not agree to a reduc-
tion of width to 60 feet. His concerns are based on projections
of traffic type and volume. His rejection of the request would
have killed it. Therefore, I have to assume that we do not have
proper authority to surplus and sell the area outside of a 60 foot
width.
I realize that the major and controlling decision should perhaps come
from the City of Tigard. However, we are employing our experience
and expertise in recommending retention of 90 feet of right of way.
With this letter I am also sending a copy of Ruth Keller's
November 30, 1982 letter. Should the City agree, please complete
the process outlined in Ruth's letter.
Very truly yours,
JWD:cw James W. Dixon
Attachments Propertv Supervisor
F ROW 12
Department of Transportation
HIGHWAY DIVISION
ViC70fl A71rEH
TRANSPORTATION BUILDING, SALEM, OREGON 97310
0.1 ~ftra:Y1
November 30, 1982
In Reply Refer to
Fae No.'.
Mr. Marlin J. DeHaas, P.E. File 46031
Suite 445 N. Tigard Inter.-Hubbard Inter.
ACC Center Pacific Highway
9450 S. W. Commerce Circle Washington County
WILSONVILLE OR 97070 #1-5-5 (23)
Dear Mr. DeHaas:
!titer talking with you, I found your July 6 letter on file and
d'cided to send to you the original Relinquishment dated November 29,
1982 from the State to the City of Tigard.
Please note that we have made a reference to the agreements with
t,:_-shington County, Washington County Resolution and Order regarding
County Road 2379, and the City of Tigard Ordinance No. 78-82 in the
paragraph following the description.
IF an acceptance by the City is required, will you please handle that
and have the Relinquishment recorded in the records of Washington
County. We will need the recording data to complete our file. Will
you have someone advise us a soon as this data is available.
A print is also enclosed sho°.,,inn, the property being relinquished
outlined in red.
Thank you for your assistance in this matter.
Yours truly,
Ruth Keller
Documents Specialist
RK:mp
Enc.
cc: Larry Rice, w/c relinq. & print
Ken Rolfe, 'c 't
Bill Geibel, °i cc
Jim Dixon
I