Ordinance No. 93-24 CITY OF TIGARD, OREGON
ORDINANCE NO. 93-c; 7
AN ORDINANCE LEGALIZING THE RIGHT OF WAY FOR A PORTION OF S.W. 93RD
AVENUE, DIRECTING THAT THE RIGHT-OF-WAY BE SURVEYED AND MONUMENTED, AND
DIRECTING THAT A SURVEY MAP AND NARRATIVE BE FILED WITH THE WASHINGTON
COUNTY SURVEYOR.
- - I
WHEREAS, the City Council finds:
1. The right-of-way for portions of S.W. 93rd Avenue, though required
as conditions of development, has not been legally established.
2. ORS 223.935 provides the procedures for legalization of roads
within a City.
3. The road has been surveyed to determine the location of the road
and right-of-way.
4. The City Engineer has filed a written report with the City Council
including the survey and other information.
5. A public hearing was ordered by Resolution No. 93-39. Notice of
the public hearing was mailed to the owner of each adjoining
property on September 8, 1993, and published in the Tigard Times on
September 16, 1993. The public hearing was held on September 28,
1993.
6. At the public hearing, testimony was received from -o_ person(s) .
i
7. The Council has determined that legalization for portions of the
right-of-way for S.W. 93rd Avenue is in the public interest.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The right-of-way for S.W. 93rd Avenue is hereby legalized
in accordance with the report filed by the City Engineer
and titled "Report Regarding the Legalization of the
Right of Way of a portion of S.W. 93rd Avenue."
SECTION 2: The City Engineer is directed to cause the road to be
surveyed and the centerline and right of way to be
monumented by a registered professional land surveyor.
The City Engineer is further directed to cause the survey
map and narrative for said survey to prepared and filed
with the Washington County Surveyor in accordance with
ORS 209.250
C
ORDINANCE No. 93-04
Page 1
SECTION 3: This ordinance shall be effective 30 days after its
passage by the Council, approval by the Mayor, and
C`. posting by the City Recorder.
PASSED: By Y Wr'A`\0\Lb vote of all Council members
present after being ead by number and title only, this
oZB�' day of , 1993.
tatherine Wheatley, City Re4brder
APPROVED: This day o 1 3.
Approved as to form:
C Attorney
I Dam-�
1
93rdord.cd
r ORDINANCE No. 93-Rq
Page 2
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MORT RRGJIRDING TU LXGRLIMTIoM
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OF TU RMT OF NAY OF
a1 PoRTIow or s.w. 93RD i1v= =
The subject of this report is the right of way of SW 93rd Avenue
between SW North Dakota Street and a point approximately 351 feet
north of the north right-of-way line of SW North Dakota Street.
Within the subject right of way exists a fully-improved street
which has been used by the general public for ten years or more.
The street is maintained by the City of Tigard.
In accordance with City standards, such local streets typically
have a right-of-way width of 50 feet. The west 25 feet of the
subject right of way was dedicated by the plat of Reel Acres
subdivision. The east 25 feet was dedicated in a separate document
recorded in 1981. However, review by Chicago Title Insurance
Company has indicated that the persons who signed the 1981
dedication document were not the legal owners at the time that the
document was recorded. Apparently, confusion resulted from changes
in ownership that were occurring during the same time period.
Subsequent changes in ownership have further confused the issue,
making it difficult to determine which parties would now sign
dedication documents to correct the 1981 dedication flaw.
To resolve this issue, it is proposed to use the legalization
process provided in ORS 223.935 which provides for legalization of
a city road "if, through omission or defect, doubt exists as to the
legal establishment or evidence of establishment of a public road."
A survey of the right of way has been completed by a registered
land surveyor as indicated on the attached preliminary legal
description and survey map. If the legalization process is
approved by the City Council, the surveyor will monument the right
of way location and record the completed documents with Washington
County.
It is recommended that the Council authorize the legalization of SW
93rd Avenue right of way as described in the attached documents.
Date -I- P-9 3
Randall R. Wooley 61
City Engineer
rw/93-rep
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PRELIMINARY COPY
LAYNE CASWELL
SURVEYOR, INC.
REGISTERED LAND SURVEYOR 6120 S.W.Lombard Avenue Te"hone 503/644-3179
Oregon-Washington-Idaho Beaverton,Oregon 97005 FAX 603/64"190
June 8, 1993
j Job No. 5106-2
RIGHT-OF-WAY DESCRIPTION
FOR
A PORTION OF S.W. 93RD AVENUE
A parcel of land in Lot 23 "Ashbrook Farm" in the Northwest
quarter, of the Southeast quarter of Section 35, Township ( 1)
South, Range (2) West, Willamette Meridian, Washington County,
Oregon, said parcel to be described includes a 25.00 foot
dedication made in "REEL ACRES" subdivision and a tract of land
described in a "Street Dedication" document recorded January 27,
1981 as Fee No. 81002981 of the Washington County Records, said
parcel being more particularly described as follows:
BEGINNING at the Northeast corner of Lot 4 "REEL ACRES"
subdivision, said corner bears SO'12'00"E 259.02 feet and
S89°31'20"W 145.00 feet from the Northeast corner of Lot 23
"ASHBROOK FARM" , thence N89°31'20"E 50.00 feet to the Northeast
corner of that tract described in Fee No. 81002981 ; thence
SO°12'00"W, parallel with the East line of Lot 23 "ASHBROOK FARM"
and along the East line of Fee No. 81002981 , 350.92 feet to the
Southeast corner thereof; thence S89'10100"W 50.00 feet to the
Southeast corner of "TRACT B" "REEL ACRES"; thence NO'12'00"W,
along the East line of tract "B" and Lots ( 1 ) thru (4) "REEL
ACRES" to the Point of Beginning.
BOUNDARY SURVEYS • SUBDIVISIONS • TOPOGRAPHIC MAPPING • CONSTRUCTION STAKE-OUT
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i SUR.Ly NUMBERS ( 4239 )1, (7%.918 )2
` DEEDS :: BOOK 3W PAGE 555. rEE NO.'S 60040465 C`•�� i
AND e100298•. l�tir'_
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25.00' 25.00'
r o /-SE CORNER OF LOT 23
WASHINGTON COUNTY V S I N / "ASHBROOK FARM".
RECEIVED
OFFICE S W. NORTH DAKOTA STREET S 89 10' 00" �C
FOUND 5/8 INCH IRON ROD ITH� FOUND 5 8 1 25'"THE PUBLIC, FOR
ACCEPTED FOR FILING / D W ELD CS 4239 U / INCH IRON ROD WITH ROAD PURPOSES.
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S 88'4T 08" W 4.86' ^- POINT Q . JOB NO. 5106 II
ORDINFANCE.NO. 9 -24- -
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THE ORIGINAL DOCUMENT. r-'� - -- -
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