94-000642 ~ 93rd Avenue ~ North Dakota Street •„ 94000642
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,m, CITY OF TIGARD, OREGON -.00, Washington County
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ORDINANCE NO. 93- (1
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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.
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 -A - person (s) .
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 Certified to be a True Copy of
Original on file Ord. q 3.a Li
ORDINANCE No . 93-`-' )
Page 1 By: ('4,-) irLe
City Recorder- City of Tiga
Date: 0/31q3
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'00., NNW
SECTION 3 : This ordinance shall be effective 30 days after its
passage by the Council, approval by the Mayor, and
posting by the City Recorder.
PASSED: By titnaP.Amo\k_b vote of all Council members
present after beings ead by number and title only, this
day of 4 ' ' • , 1993 .
/ 'the
herine Wheatley, City Reorder
f
APPROVED : This (D&-1 day o 11 , AA:ALLzLA 13.
i- '
A.A. ...../._ ‘ A
Gerald ' dwards, Mayor
Approved as to form:
CAW Attorney
c//2- qci 13
Date
93rdord.cd
ORDINANCE No . 93-cRq
Page 2
c.77,1-
*gime
REPORT REGARDING THE LEGALIZATION
OF THE RIGHT OF WAY OF
A PORTION OF S.W. 93RD AVENUE
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 9- yq R. Wooley AO
City Engineer
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A VICINITY MAP
DESIGN BY APPROVED BY DRAWN BY
CITY OF TICARD CAB
SCALE DATE DWG FILE
OREGON N.T.S. i 8-4-93 N:DETAILS/VICINITY1.DWG
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PBELIMM&BY COPY
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SURVEYORINC.
REGISTERED LAND SURVEYOR , e120a.vv.Lombard Avenue • Telephone soo/o**'o17e
Omgon'wasmn�nn'Idaho oeavvnv"'Dmguny7000 FAX 503/644-3190
June 8 , 1993
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
guarter , 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 ACDD3" subdivision and a tract of land
described in a "Street Dedicatioo" document recorded January 27 .
1981 as Fee No . 81002081 of the Washington County Decords , said
parcel being more particularly described as follows :
BEGINNING at the Northeast corner of Lot 4 "REEL ACRES"
subdivision , said corner bears S0~ 12 ` 0O^E 259 . 02 feet and
889~ %1 ' 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
S0^ 12 ' 00^W . parallel with the East line of Lot 23 "ASHBROOK FARM"
and along the East line of Fee No . 8I002981 ' 350 . 82 feet to the
Southeast corner thereof ; thence S89^ 10 ' 00^W 50 , 00 feet to the
Southeast corner of "TRACT B" "REEL ACRES" : thence N0 ^ 12 ' OO''W .
along the East line of tract "B" and Lots ( 1 ) thru ( 4 ) "REEL
ACRBS" to the Point of Beginning .
BOUNDARY SURVEYS • SUBDIVISIONS • TOPOGRAPHIC MAPPING • CONSTRUCTION STAKE-OUT
•
'401110C
141.04
STATE OF OREGON SS
County jaoen fror7Tai::}4itni 47.0int7 t and ffr eby certify
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d recordedin book of -
b ok' 'Mock's''of saion
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county., of writing
thatid
d °4" 6°tWas°f receivedCoAssess-
mentunt
an
Hanson,;Director of
Assessment
Jerry r Taxation,Ex-
OffitioQountY Clerk
Doc3 „ 00
Rec94000642
t: 11433,1
01/04/1994 09: 32: 52AM
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