94-000641 ~ 112th Avenue ~ Gaarde Street ~ Pacific Highway 94000641
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'\< 41,10 , CITY OF TIGARD, OREGON c*.wiri Washington County
006,0„,,ir ry R' . t
C r`ty ORDINANCE NO. 93—
i 3 2ss s. frq// , ltL
.^ 97223
AN ORDINANCE LEGALIZING THE RIGHT OF WAY FOR A PORTION OF S .W. 112TH
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 a portion S.W. 112th Avenue, though required
as a condition 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 person (s) .
7 . The Council has determined that legalization for a portion of the
right-of-way for S .W. 112th is in the public interest .
THE CITY OF TIGARD ORDAINS AS FOLLOWS :
SECTION 1 : The right-of-way for S .W. 112th 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 for a Portion of S .W. 112th 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 trd. eq3 - 5
ORDINANCE No . 93— c)--c---)
Page 3 B
) City Recorder - City of Tigard
Date:
. . .
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 (.11)Cu/I4/ 20-2,U2— vote of all Council members
present after being read by number and title only, this
day of , 1993 .
/ • '
herine Wheatley, CitMkecorder
APPROVED : This c"-ru — day of %- 00, 93 .
Get . Edwards, "ayor
Approved as to form:
Li
City • torney
Date
93rdord.cd
ORDINANCE No . 93-c>)3
Page 4
, • •
REPORT REGARDING THE LEGALIZATION
OF THE RIGHT OF WAY OF
A PORTION OF S.W. 112TH AVENUE
The subject of this report is the right of way of SW 112th Avenue
between SW Gaarde Street and a point approximately 370 feet south
of the south right-of-way line of SW Gaarde Street .
Within the subject right of way exists a fully-improved street
which has been used by the general public for approximately twenty
years . . The street is maintained by the City of Tigard.
A right-of-way dedication was recorded for the subject portion of
112th Avenue in 1972 . However, the dedication was apparently not
signed by the appropriate parties . Subsequent changes in ownership
have further confused the issue, making it difficult to determine
which parties would now sign dedication documents to correct the
1972 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
112th Avenue right of way as described in the attached documents .
Date 9-1 -9
Randall R. Wooley
City Engineer
rw/112-rep
•
GAARDE STREET 1
GAARDE STREET 4111/%% %
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VICINITY MAP
DESIGN BY APPROVED BY DRAWN BY
CITY OF TIGARD CAB
SCALE DATE DWG FILE
OREGON N.T.S 8-4-93 VICINTY2.DWG
'44400'
PRELIMAtRY COPY
LAYNE CASWELL
SURVEYOR, INC.
REGISTERED LAND SURVEYOR 6120 S.W.Lombard Avenue Telephone 503/644-3179
•
Oregon-Washington-Idaho • Beaverton,Oregon 97005 FAX 503/644-3190
June 2 , 1993
Job No . 5107-2
BOUNDARY DESCRIPTION OF
A PORTION OF S .W. 112TH AVENUE
A tract of land in the Northwest quarter of the Northeast
quarter of Section 10 , Township 2 South , Range 1 West , Willamette
Meridian, Washington County, Oregon, said tract being more
particularly described as follows :
Beginning at a point on the North line of "Amended Plat of
Canterbury Place" which bears N89° 10 ' 46"E 20 . 34 feet from the
initial point of said plat ; thence N0e36 ' 26E , parallel with the
East line of "Cole ' s Acres" , a duly recorded subdivision 371 . 11
feet to a point on the South right-of-way line of S .W. Gaarde
Street ( County Road No. 358 ) said point bears S89° 56 ' 00"E 680 . 00
feet and S0° 36 ' 26"W 20 . 00 feet from the North quarter corner of
Section 10 : thence S89° 56 ' 00"E 50 . 00 feet along the South right-
of-way of S .W. Gaarde Street : thence S0° 36 ' 26"W 370 . 34 feet to
the North line of "Amended Plat of Canterbury Place" ; thence
S89 ° 10 ' 46"W 50 . 00 feet to the Point of Beginning . Containing
18 , 536 square feet.
b
BOUNDARY SURVEYS • SUBDIVISIONS • TOPOGRAPHIC MAPPING • CONSTRUCTION STAKE-OUT
,... , ,.,.
..,„.....
_ 4
STATE OF OREGON } SS
County of Washington
I, Jerry R Hanson, Director of Assess-
ment and Taxation and Ex-Officio County
Clerk for Said county,do hereby teddy that
the within instrument of writing was received
and recorded in book of "Cords of said
county, ° 4‘cikx.riser.p.
deiT
YR Hanson, Director of
Assessment and Taxation,Ex-
Offico county Clerk
Doc : 94000641
Rect: 114337 38. 00
01/04/1994 09: 32: 52AM
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