Resolution No. 95-25 CITY OF TIGARD, OREGON
RESOLUTION NO. 95--,
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY AN
ABANDONMENT AGREEMENT, ACCEPTING RIGHT OF WAY FOR 72ND AVENUE FROM THE
OREGON DEPARTMENT OF TRANSPORTATION.
WHEREAS, in 1994, the 72nd Avenue/99W intersection project was
constructed by the City of Tigard; and
WHEREAS, the Oregon Department of Transportation desires to abandon
excess right of way to the City of Tigard; and
WHEREAS, the Tigard City Council finds that the proposed ODOT right of
way to be abandoned is required for public right of way.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The City of Tigard hereby agrees to accept the abandoned
ODOT right of way as described in the attached Agreement.
A copy of the agreement is attached hereto as Exhibit "1"
and incorporated herein by this reference.
Section 2: Further., the Tigard City Council hereby authorizes the
_Mayor to sign Lthe�,,Abandonime t Agreement.
PASSED: This �3 ay o£ , 1995.
Paul Hunt, Counc4 l President
ATTEST:
City Recorder — City of 10igard
ga\72-odot.re,
RESOLUTION'NO. 95— cs7 5
Page
Q9l22irrSul
Abandonment & Retention
Agreement No. 664
riot-G
ABANDONMENT AGREEMENT
77-nd and 99W Section
Pacific Highway
Washington County
THIS AGREEMENT, made and entered into by and between the STATE OF
OREGON, by and through its Department of Transportation, hereinafter called
"State", and the City of Tigard, a municipal corporation of the State of Oregon,by
and through its City Officials,hereinafter called"City".
WITNESSETH
RECITALS
1. For the purpose of furthering the development of a highway system adapted
in all particulars to the needs of the people of the State of Oregon,State has found it
necessary and desirable to relocate and construct the 72nd and 99W Section of the
Pacific Highway,State Highway No. 991AI in Washington County,Oregon.
2. Pursuant to ORS 373.010, 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 QRS 366.300(3), State may abandon to the abutting property
owners portions of the right-of-way of the former route of the highway that are no
longer needed for public-road use and are not owned by the Department in fee.
_• f ursuani to ORS 366.395, the State may relinquish title to any of its property
not needed by it for highway purposes to any other governmental body or political
subdivision within the State of Oregon,subject to such restrictions,if any, imposed
by deed or other legal instrument or otherwise imposed by State.
5. The completion of construction of the relocated section of the Pacific Highway
will make possible the elimination by State of.portions of the former route,
hereinafter designated as Units A, B, and C,as shown on the map attached hereto,
marked Exhibit A and by this reference made a part hereof. Unit C, as hereinafter
-- TKA014.th Rev.10/25/94
Abandonment & Retention
Agreement No.664
described, is needed ror the service of persons living thereon or for a community
served iheseoy. Units A, and B as shown on Exhibit A, are no longer needed for
public road use and are not owned by the Department in fee.
6. 1i is the purpose and plan of the parties hereto that Unit C be eliminated as a
portion of the Pacific Highway and the state highway system;that the Unit pass to
and vest in City;and that City maintain the Unit as a portion of its city road system
as long as needed for the service of persons living thereon or a community served
thereby; and that Units A and B be abandoned by State to the abutting property
owners.
NOW THEREFORE, the premises being in general as stated in the foregoing
RECITALS,it is agreed by the State and City as follows:
THINGS TO BE INE BY STATE
1. State shall, by resolution, upon completion of construction of the 72nd and
99W Section of the Pacific Highway,formally eliminate Unit C as (a) portion of the
Pacific Highway and the state highway system, and all right, title, and interest of
State in the Unit shall pass to and vest is City, Unit C is described as follows:
Unit Q
All the land within the right-of-way boundaries of Pacific Highway,
State Highway 99W,lying southerly of a line described from centerline
of said Pacific Highway,State Highway 99W as now located, defined as
follows:
Engineers Station Distance Left
22+"'0.05 94.00
24+13.60 88.00
and lying in Section 36,Township 1 'outer., Range 1 West Willamette,
Meridian, City of Tigard, Washington County, Oregon. Except that
portion of Pacific Highway,State Igighway 99W lying in Unit A.
TKA014.th Rev.10/25/94
Abandonment & Retention
Agreement No. 664
2- State shall, by resolution, upon completion of the 72nd and 99W Section of
the Pacific Highway and opening of the same to public travel, abandon Units A and
B to the abutting property owners. Units A and B are described as follows:
Unit A
All the land within the right-of-way boundaries of Pacific Highway,
State Highway 99W,lying southerly of a line described from centerline
of said Pacific Highway,State Piighway 99W as now located,defined as
follows:
Engineers Station Distance Left
15+73.39 60.00
17+53.02 60.00
20+07.63 70.00
22+78.05 94.00
22+99.33 115.00
and lying in Section 36,Township 1 South,Range 1 West Willamette,
Meridian,City of Tigard,V'lashington County,Oregon.
Unit B
All the land within the right-of-way boundaries of Pacific Highway,
State Highway 99W,lying southerly of a line described from centerline
of said Pacific highway,State Highway 99W as now located,defined as
follows:
Engineers Station Distance Left
24-t 13.60 88.00
27+06.96 r.11
28+44.69 60.00
and lying in Section 36, Township 1 South,Range 1 West Willamette,
Meridian,City of Tigard,Washington County,Oregon.
3. State shall retain that portion of the right-of-way of the former Pacific
Highway, and that real property acquired by State for highway right-of-way and
other public purposes, as shown on Exhibit A.
T!cc4.0 th Rev.10/25/94
Abandonment & Retendon
Agreement No. 664
I TIINGS TO BE D02VE BY CrrY
1. City agrees to accept all of State's right, title and interest in Unit C; to accept
jurisdiction and control over the property; and to maintain the property 2s a portion
Of its city street-system as long as needed for the service of persons living thereon,or
a community served thereby. Any right-of-way being transferred in which State has
any title shall be vested in city so long as used for public road purposes. If said
right-of-way is no longer used for fuo;ic road purposes,it shall automatically revert
to State.
2 City shall pass an ordinance or resolution, as the case may be, authorizing
Mayor and Recorder to enter into the agreement on behalf of City.
GENERAL PROVISIONS
The properties above described are relinquished and transferred subject,
however, to the rights of any utilities located within said properties and further
subject to the rights of the owners of said existing facilities, if any there be, to
operate, reconstruct, and maintain their utility facilities presently located within
said properties.
IN%TTNESS WHEREOF,the parties hereto have set their hands and affixed
their seals as of the day and year hereinafter written.
TKA014.th Rev.10/2.5/94
Abandonment & Retention
Agreement No. 654
The Oregon Transportation Commission,by a duly adopted delegation order,
"= _n,-- Chairman to act in its behalf in approving this
agreement. Approval was given for this agreement on
by-__, which approval is on file in the Commission records.
The Chief Engineer was also authorized to execute the agreement on behalf of the
Commission.
CITY OF Tigard,by and through STATE OF OREGON,by and through
its City Officials its Department of Transportation
By By
Mayor Chief Engineer
Date Date_
BY APPRO
Recorder
By
APPROVED AS T�Oj LEGAL Region Manager
SUFTCYY
Assistant Attorney General
Date
TKA0143h Rev.10/25/94
1 •
V h
I 1
L
1
Q m
-- ti
N
t
�a
- �-•--o von ._�p>
A