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VAC1992-00001 °WAW 7-0 CLAKt f Y T /PF s, 8G-4<<0 �.�.>i¢ CO `S P�� �-Ja tA-)/L G ook a s&Ajr- / ;r-- :5P-AE TSt" 1"e 7-- le'A Cam--,- N *r-Y 2 v gL.Y o 9 -/s/-,9 z R��f IfG V k/ plsed J ./'-1 troc OF /Ajf"tLS 14d /tom O D O T � '�•T1�� ro C���ier- Co T' `s ru �2.tspic. T�o .v . y Y_i4-W\ i6n INTEROFFICE MEMO September 10, 1992 SEP 1 4 1992 J CITY OF TICARD John Lightner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Subject: Jurisdiction of 67th and Clinton Street In response to your question regarding the state' s jurisdiction of 67th and Clinton Streets, the state has no right, title, or interest in any streets in this area that are outside of the access control area of the throughway. This includes the streets in question. If you have any other questions, please give me a call at 653-3229 . 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'7=-­---- S«' 74TH SW _._.�}.._ X'_, y m a� AV i n T -'---*� - — r' !� <oW r 72ND o fE r !AV 2ND r N s $W z m2 72ND c' AY t 71$ AV,� 5. SW z T_ v 8-, T- 71ST rm N Zi,� 1G000 r c, Th Av A a n sw CUJ1pix PKwy ' S SAV` _..- M E 69TH tr y� tT 1 59TH AV $W 7t 0 u, > SW 65TH 4 67 LCGO .. `AV }n �H189 �!y 67TH:, 1 AVAY - a FRWY 65TH -- JAJ Y I*�n RD a �W 53Ru A7 LROC !y .'-' E :{��� •,W LATH CNd1 .D D >w f tf s'w (?ND T Ad .. V y Sw PARKfi7 _ - -- - ,W r�- u `; Nt ON10 v,^i'sa J CfiA ." - _ f+ 'sV.. W =U 6u i i. ii _ Z_�^t " °W RJ ' I �w NVERIR r - _ =.� _= t .�� ��inal�ct �� ,Fr-'" , �� �� "• �� �� a °.,, � �`� k I� AV R '61H PL Sw - _ - {W 90NNA1R AV s � FbSB � � �sw � _j� y " � OOP 7..- p( r f r e rr r - ,fsAo 71 K' y , i q roi CLINTON ST. 4d•fl P� �\ • ay `b r , z ' t -► z r' Q 'c � L. re. 04, r 55 , P• �Y = auttwrity granter! in'Op_,q 271.'° (Z) trr pr an INN sutxiivifaion w thin the State, has the express y politicAl F power to relinquish the title to any of its property to any other governmental body or political subdivision within the ;tate, prov.icle(J such property shall continue to be used for public tnirpose�, NOW, I'C[3:ftt fi'UC;.I3, t.hc pr.em ises beinq in general as stated in the fore- cjo.iriy RECITALS), it: i..; agreed by aril between the parties hereto as follows: TI3INGS TO BE DONE 13Y STATE I. State shrill conf3uct the necessary field surveys and traffic investi- gations, obtain all .required right-of-way, easements and material sources, prepare the plans and contract documents, advertise for bids, award all contracts, furnish all construction engineering, material testing, inspection and resident engineer services for construction and, upon completion of the project, thereafter perform all required maintenance operations along the throughway, approximately as shown on the attached Exhibit A. i` 2. State shall locate and construct, or reconstruct, certain frontage roads along the throughway and portions of county roads and, upon completion of construction, shall dispose of for public purposes all State's right, title and interest, if any there be, in those portions of roads lying outside the access control area of the throughway. All jurisdiction, maintenance and control thereupon shall pass to County to be performed at County's sole expense. Said roads are approximately as shown on the attached Exhibit A. 3. State shall close certain existing roads, portions of which may be under the jurisdiction and control of County, at the approximate locations shown on the attached Exhibit A. Said closures shall be accomplished by erection of a barrier or obliteration of the existing roadway and include warring signs, where applicable, 4. State shall, without cost to County, relocate or cause to be relo- cated all existing privately-owned utility conduits, lines, poles, mains; pipes and other such facilities that are located on private property where such relocation is necessary to conform said utilities or facilities to the plans for the project. If requested by County, State may arrange for any required utility adjustments lying within County jurisdiction, acting on behalf of County. THINGS TO BE DONE BY COUNTY I. County agrees that no county road shall be constructed running into or intersecting said throughway without prior written approval by State. 2. County acknowledges the effect and scope of ORS 366.320(3) and, Pursuant thereto, consents to the vesting in State of those portions of County right-of-way lying within the right-of-way boundaries of the through- way. 3. County consents to the closure of those roads, streets and ways referred to in paragraph 3 under THINGS TO BE DONE By STATE. -2- .I WASHINGTON COUNTY Inter-Department Correspondence August 27, 1992 To Whom It May Concern D n �.1 From :Chuck Pearson, County Surveyor SEP 2 1992 CITY OF TIGARD Subject: COUNTY ROAD 2638 T/J Resolution and Order #86-85 finalized the surrender of jurisdiction, of certain county roads, to the City of Tigard. A clerical error appears in item 5 of the attached Exhibit "A" Road Descriptions. The heading of the legal description, for S.W. 67th Avenue (Item 5) ,- states "150 feet .northerly and S.W. Clinton Street." it should state "150 feet northerly of S.W. Clinton Street." This correction is consistent with the representation of S.W. 67th in (Item 5) of Exhibit "B" Maps. The body of the description conveys the intent to surrender jurisdiction of any interest Washington County may have had in S.W. 67th Avenue with the exception of any portion previously acquired by the Oregon Department of Transportation. O'DONNELL, RAMIS, CREW & e8RRIGAN ATTORNEYS AT LAW HALLOW&WRIGHT BUILDING i 1727 N.W.Hoyt Street Portland,Oregon 97209 TELEPHONE: (503)222-4402 RECEIVED PLANNING FAX: (503) 243-2944 E`UG 2 8 1992 DATE: August 27, 1992 TO: Ron Pomeroy, City Planner City of Tigard FROM: Michael C. Robinson, City Attorney's Office RE: Street Vacation You asked whether the City may proceed with a street vacation after you have discovered that the City does not have jurisdiction over the street. You told me that the area is within the City limits and that Washington County had attempted unsuccessfully to transfer jurisdiction of the street to the City due to a defect in the legal description. You asked me whether the City may assert jurisdiction over the street and then vacate it. The City may not assert jurisdiction over the street. Generally, authority over a street depends upon the grant of authority contained in the Charter of the municipal corporation and in the applicable statutes. The municipality has no inherent power of control over streets. McOuilin, Municipal Corporations Section 30.40, 1990. The Oregon Supreme Court has followed this rule by announcing: "The law may thus be considered settled that although a county road may traverse land within the limits of an incorporated city or town, yet unless the state through its legislative department, or the county of the agent of the state, employing the procedure described by the statute, surrenders the authority over the county road, the city cannot assume such control." Cole v. City of Seaside, 93 Or 65, 67 (1919) ; See Chapman v. Hood River, 100 Or 43 , 52 (1921) . There is no language in the Oregon Revised Statutes governing street vacations that expressly or impliedly overrules the above case. See ORS 271.005 to ORS 271.230. Therefore, the City may not assert jurisdiction over the street. The County has never officially surrendered its control over the street, so Tigard does not possess any inherent authority to vacate the street. The City has two options. First, the City may direct the petitioner to the County to request a vacation because the County r NNELL, RAMIS, CREW CORRIGAN r" Memo re: Street Vacation August 27, 1992 Page 2 is the body which has the power to vacate the street. However, the County will likely charge a fee to initiate a vacation. A second option is for the City to put the vacation petition on hold and then ask the County to transfer the street to the City. The County contact is Chuck Pearson, County Surveyor. Dan Olson, County Counsel, advises that the County must transfer jurisdiction by resolution and order. The matter may be continued until a date certain. Once this is accomplished, Tigard then has the legal authority to vacate the street. Please call me if you have any questions. Original Memorandum to: Ron Pomeroy, City Planner Copy to: City of Tigard/Community Development File e f MCR:dd 8/27/92 m=UigW\9M.4baet .=m '41 Of) C T- e-o c_x_ ,iVZ t,,j C 1/4/80 4e 2* Misc. Con racts & Agreements THROUGHWAY AGREEMENT THIS THROUGHWAY AGREEMENT is made and entered into by and between the STATE OF OREGON, by and through its Department of Transportation, Highway Division, hereinafter referred to as "State"; and WASHINGTON COUNTY, a political subdivision of the State of Oregon, acting by and through its Board of County Commissioners, hereinafter referred to as "County". W I T N E S S E T H RECITALS. 1. For the purpose of developing a highway system adapted in all particulars to the needs of the people of the State of Oregon, and for the safe and expeditious flow of traffic, State and County plan and propose to construct the North Tigard Interchange-South Tigard Interchange Section of the Pacific Highway, State Primary Highway No. 1, hereinafter referred to as "project". The location and limits of said project are approximately as shown on the sketch attached hereto, marked Exhibit A, and by this reference made a part hereof. Said project shall be constructed as a "throughway", as that term is defined in ORS 374.010. 2. By the authority granted in ORS 366.775, 374.075 and 374.080, State and County may enter into agreements and do all things necessary for the laying out, acquisition, construction, reconstruction, improvement, repair, and maintenance of any throughway, road, highway or street. 3. ,`-I�Iy the authority granted in ORS 374.060, State may, wiWthk officiai"' rave orf County, close any attest, highway or road at or nett thi `,bf its tfitersection with a throiti6rayt or make provisions for carryingl:'the street or road over or under the throughway; or provide a connection with a throughway by means of a utility or service road to a suitable point of connection; and do any and all work on the street, highway or road as Is necessary therefore. 4. By the authority granted in ORS 374.065, no street or road shall, after the establishment of the throughway, be constructed running into or intersecting the throughway unless the plans and specifications have first been submitted to and approved in writing by the Oregon Transportation Com- mission and made a matter of official record. 5. tht *ith�Tity gra ' 'BY atod in M# all right*-of-way owned Rc, } c} batlty over or along any roads adopted as State highways �961 StA ,we I ► SW BOLOR ST. I , y office LaI W ---- Z -- — Q ---- r --- ---- Co � h 40 1 J- 3 - 0 SO 100 200 SCALE IN FEET SW CLINTON ST. FILE 19575 N gS �� - °'``� �► Area Map MULTNOMAH O 36 '31 Auto Sales 1 6 CLACKAMAS 19575 �C OREGON STATE HIGHWAY DIVISION 9B-11-17 RIGHT OF WAY DESCRIPTION Prepared by ISL, 7-24, 1987; checked by , 1987; finaled by RDS, 10-6, 1987. Purchase ( ) Sale (X) Lease j ) Easement ( ) for • USE: Owner D.O.T. North Tigard-South Tigard Section Pacific Highway. A parcel of land lying F-F s y g In the SEk of Section 36, Township 1 South, � .3 6 Range 1 West, W.M., Washington County, Oregon and being a portion of that property described in those deeds to the State of Oregon, by and through its State Highway Commission, recorded January 8, 1953 in Book 340, Page 286; recorded January 14, 1953 in Book 340, Page 427; recorded October 26, 1962 in Book 474, Page 287; recorded February 14, 1963 in Book 480, Page 461, all Deed Records of Washington County; a •portion of that property acquired by the State of Oregon, by and through its State Highway Comission in that Final Judgment dated May 8, 1964, entered as Circuit Court Case No. 24-774 and a portion of that property acquired by the State of Oregon, by and through its-Department of firariaportation in that Stipulated Judgment ccs dated August 23, . 1983, entered as Circuit Court Case No. 41-144 both of V Qj Washington County, Oregon; the said parcel being that portion of said prop- erty lying Northerly of the following described line: f3 D D r, c3.xS 6._t :�c , c e t." ,; r-r as t. ..t , r E" o h��rA✓ 3 ��a}� C r- f ss r >— Beginning at a point opposite and 31.97 feet Northwesterly of Engi- neer's Station 47+00.14 on the "AH" center line; thence South 9' 17' 34" West 105.80 feet to a point opposite and 34.38 feet Westerly of Engineer's Station 48+09.6 on said center line; thence South 28' 45' 14" West 88.07 feet to a point opposite and 49.21 feet Northwesterly of Engineer's Station 49+08.5 on said center line; thence South 33° 42' 46" West 49 feet to a point opposite and 49,05 feet Northwesterly of Engineer's Station 49+67.76 on said center line; thence South 45° 45' 38" West 49.01 feet to a point Opposite and 49.06 feet Northwesterly of Engineer's Station 50+27 on said center line; thence South 56' 44' 41" West 49.38 feet to a point opposite and 48.43 feet Northwesterly of Engineer's Station 50+85.94 on said center ACCF,SS CONTROL: Complete to H ,• wy. ( ) Complete to Parcel ( ) Allowed to Frontage Road Only ( ) Limited to Location ( ) None IVEMiG D :EDS ATTACHED I_ PRIOR FILE Not Applicable ( ) Entire Takin _-1DEEDS NEEDED RWD.1 line; thence South 66' 35' 17" West 49.30 feet to a point opposite and 48.16 feet Northwesterly of Engineer's Station 51+41.68 on said center line; thence South 73' 15' 21" West 58.58 feet to a point opposite and 48.24 feet Northwesterly of Engineer's Station 52+04.34on said center line. The center line referred to herein is described as follows: Beginning at Engineer's center line Station "AH" 40+47.57, said station being 1214.64 feet North and 144.25 feet West of the Southeast corner of Section 36, Township 1 South, Range 1 West, W.M.; thence South 5' 55' 25" West 650.69 feet; thence on a spiral curve right (the long chord of which bears South 12' 35' West 198.92 feet) 200 feet; thence on a 286.48 foot radius curve right (the long chord of which bears South 41' 06' 12.5" West 150.03 feet) 151.80 feet; thence on a spiral curve right (the long chord of which bears South 69' 37 ' 25" West 198.92 feet) 200 feet; thence South 76' 17' West 241.66 feet to Engineer's center line Station "AH" 54+91.72. Bearings are based upon the Oregon Co-ordinate System, North Zone. The parcel of land to which this description applies .'contains 35,343 square feet, more or less. AREA BREAKDOWN: 19575 - 1,450 square feet,, more. or less 19576 - 8,090 square..feet, ,more or less 33739 - 6,313 square feet, more or less 33740 19,060 square feet, more or less 33828 - 350 square feet, more or less 50345 - 80 square feet, more or less , RIM � 8 �o s,-�- �i� MEMORANDUM CITY OF TIGARD, OREGON TO: Renee FROM: Ron Pomeroy DATE:August 14, 1992 SUBJECT: Street Vacation - Posting of Property The City is processing another Street Vacation. This one is for a portion of SW 67th Avenue. Specifically, the request is to vacate the full width of SW 67th Avenue between SW Baylor and a point approximately 175 feet south of SW Clinton Street. (see map) Could you post notice at each end of the area to be vacated, and in two conspicuous places near the center of the area? (see map, again) The Tigard Municipal Code requirements state that these notices must be on-site within 5 days after the first publication of the notice in the newspaper. This means that these notices are supposed to be posted on the property no later than Tuesday, August 25th. Thank you very much. I appreciate your help with this process. AFFIDAVIT OF POSTING In the Matter of the Proposed VA cA 7-1 o .j o r S.w. g�7=' �v L_ C� f rw c Q,,j 8,¢yz-o e- STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, 14 ��.�r.��R , being first duly sworn, on oath depose and say: That I posted in the following public and conspicuous places, a copy of Notice of Public Hearing of the VACAT/o.v 0.- =21�- u r., -S , a copy of said notice being hereto attached and y reference made a part hereof, on the -ASZ:!! day of f4LA-r.vs7- 19.-C) Ill r Coe, L..�- 8 � 8 �K F3� w . Pe rtr4..q a 3. So.�.�-a�t2. q w. fid�v L S,w. C��... r-o.�, $fir- � ¢ �w• � 7 S•w- 7 r—� /¢ y�- N CA-r-i,/ i2.0. w- S` A�cess L,iL.-.�;�. Na/,g of Person Vfio Performed Posting Subscribed and sworn to before me this ?-� day of 19 OFFICIAL SEAL Notary Publi or Oregon DIANE M.JELOERKS NOTARY PUBLIC•OREGON ccR,r.11cS!ON N0.40€3977 My Commission Expires: Z7 COr.1,MISS!ON EXPIRES SEPT.7, 1995 affpost MINE S- ATLA14TA NOR ■ :111i IN. c ■ INS MIN �j ■ • Commitments Exchanged r • Journal Entry AUGUST 1992 118 • Thoughts Ideas DAILY RECORD OF EVENTS TUESDAY • Agendas (telephone, meetings) • Conversations 231 st Day 135 Left Week 34 N W 7T_ E L /U N N 7` 2 a G S' w 7 * Z.A- e, — tz L Y ,e T O76' G ! rV _ a 2 rJ D L4J -�- Oe.v.a ISE L-) par T,V -r- X- Ce- S" r S R- W / TN r A<N Ti o#V U S'cg-) Z/ N ,->";�- 5, 4::/ G ^-, l Cti -.' s. r 4noh4 7—j LJ ¢ TO e-e- TSE 2 r So s T-O & _ L S d e �d 7— S 2 rS /N Y/L C ~ .tet 2 S ..J ©1990 Franklin International Institute, Inc. j 5- 417 7-o e Al, W. • f PROPOSED VACATION OF c SW 67TH AVE & CLINTON ST IN SEC 36 TIS RIW, WM w WASHINGTON CO, OR Q SCALE !"=100' BAYLOR STREET r ff r CLINTON STREET rr N �, EXHIBIT MEMORANDUM CITY OF TIGARD, OREGON TO: Chris Davies FROM: Ron Pomeroy DATE:August 14, 1992 SUBJECT: Cline - Street Vacation for SW 67th Thank you for the Engineering comments. On Wednesday, August 19th, I will be turning in the final recommendation packet to Dick and Ed for the City's recommendation on this Street Vacation proposal. Part of this recommendation packet is a map and a legal description which are specific to the area proposed to be vacated. I recall that Engineering did not want to generate this information when it was originally requested. However, now we are going to Council, for the second time, and these items are necessary. I would like to receive this information by Wednesday 9:00 am. This way I will have a couple of hours to put the balance of the packet together before turning it in. Thanks - Ron } xt 34 3a 1 . ah CITY OF TIGARD, OREGON ✓✓ > r� ir i E ORDINANCE NO. 85- I ViCATING APORTION OF SW 67TH AVENUE AND CLINTON STREET Aft 'p W FAWEEFFECTIVE DATE:' $` hQTitard ty, Council initiated this vacation request pursuant to e 1rj5' 08�{�040of the Tigard.Municipal Code; and ){{s. xhi�rrQd purpose for this vacation is to return the area within ivenua and Clinton Street to the adjacent property owners to development pos faCilfta'e" futUre sibilities; and F; k,WHEI AS,' It n, is recomaended by the Planning Commission and the City ' j 'and' t 4 1 4HEREAS,; ,in,`accordance ,.with ORS 271.100, and TMC Section 15.08.110, the � # } iicil'A'fixed �'a ; titae a►rid ; place for the _ public hearing and the Recorder K 4'xigi ublaiAshad`'rwtice artd 'posted�notice in the area to be vacated; and s , mt w l � 4r18rREA$; ice' has` been mailed to all property owners abutting said vacation ; are ei'"andi;a11 owners in the affected area, as described in ORS 271.080; and r ` 's'MNEItEAS,''theACouncil .having .hald a hearing on September 23, 1985, finds the ` 04bli .interest },will : note:be prejudiced by the vacation as provided by ORS ' 2y1:i20 au�d-TMC Section 15.O,.130; and x't ; 6s+i �RpS;, theCouncil finds that "it "is in the public interest to approve the testtavacate a portion of. SW.67th, Avenue and Clinton Street because the pribe internistWi l l not be° pre j ud"iced; and �4�I Aqt)'+ tha};Council fits that - the following conditions are necessary to + A �' a said land. } A ivate, ingresslegress {easement be retained on SW 67th Avenue from tt�Sa th114, 1roAl' 15 feet on both sides of the it IM,1 5i#� i ` `ing` ii h'�-o1�`-i yfr` cterlih4v, to the North: line: o erif the Oregon � rpt 01�; rasportsit3on Control Access .Line. Said easement ntarined= the ;rnotarized signatures " of all abutting< property " �10"r6th a AiienuQ and be in' a form approved by ,the Tigard-City � y it�' bf1'icQ Said' aasewtent. , shall he , recorded with this, tc �4i�►ka0the vacation effQctive. $ i^eet �' Vacation should be granted-, :for 'r. transportation � 1 � see,xhoireve:r, a public easement for utility ��, €; 3 4'94A, ire A IL be tamed 'bver the entire area► s 6ax 8 '' tai ��oir��t w sportation right-of-way Arpoaes shall not be i yi 't�l� f ¢dive':date of :this ordinance 4and it:'`shall be; Fcartifisd -copy 'of `thi6 ordinance has . been ' y� 1 h tt ' �OUnty clerk.!assessor aril,survt�yor. w � x i aw; vjiicgr:. su,6;n x � i d oe n r mrn. seaRibr 7 7- Wft °tai �ikQa #�° �. .3 #d;4 ��+;Py 73•a ki� Y311t = t a t'�'i+FCe53YE , 4:4 VI f 4 Yv tl LEGAL DESCRIPTION FOR VACATION OF STREETS FOR JERRY CASH fg4#1 - t �YYA parcel of land in the plat of WEST PORTLAND HEIGHTS, Washington County, Oregon, the said parcel being a portion of S.W. 67th Avenue and S.W. x�q t. '{GClintonr`fStreet `abuttin Blocks 7, 8, 13, and 14 in said plat described as • °R 9 t f�oIIbws " f540T I eP5 Y (µ + 5 Ml ' $f,maeginn ng at the i Northeast corner of Lot 33, said Block 13; thence North p k , 4° Yal;ong they East° 1 f ne of said Block 13, 175 feet to the Northeast corner ereo6 thence East' 30 feet; thence North 60 feet; thence West 30 feet to ' ;i€Ete Southeast;corner. of said Block-8; thence North along the East line of E,,- said Block" 8''450'feet to the ' east corner thereof; thence East 60 feet `+ . x° to" the Northwest corner of said Block 7; thence South along the West line saidBlock, 7, 450 feet. to the Southwest corner thereof; thence East .3 of r 3 3 `�� <'� , r rr} along the South line of said Block ,7, 193 feet more or less to the Access Control Line of the, Southbound Exit Ramp of the Haines Road Interchange; Ik, then ce.'' y g Southwesterl al said Access Control line 63.25 feet more or less g3f 14 ( to the Northt i ne of ,said Block 14; 'thence West along said North line 173 „» s `s "fir ' feet moreor:,less'to the Northwest corner of said Block 14; thence South F , �; } $, along the West line of said Block 14, 146.87 feet more or less to the ' �ACcess Control Line of, the Southbound Exit Ramp of the Haines Road Inter- change,, thence Southwesterly 66:25 feet to the point of beginning. 4 d �b { f SaVeand except` an easement for,utility purposes. Zia v and except an easement for, ingress and egress over and across the +� t €� frk'A ser.iBed'parcel Yy r! v61111afi&, O feet in width being 15 feet on each side of the nii : esu t,f bed;center 1 i ne Beginning at a poi nt. 30 feet last of the. s c rn rR, said Block 8 W 5T PORTLANf)' I YGHTS; thence South ISN x ' �irffiF �s �ine� of said Block C 670.94 feet, to aD int 'on 'the, } v p � t�Ev,Line.'�`3 This easement for ingress and egress�t 'for, the�� •e a r. i ; ' ppert ies only'and,,it may,be terannated by mutuaconsent > € an. 4 L a ++3x,+5' i�'�,45'4�i !� . € rata�tri a " F�W, i s as iP #s f a Y c e b ��yy..++ dy f pROPO SED VA `ATION OF r� Is, e, t �t tj�5 j '`67TH AVE & CLINTON ST IN ( �je thlf e fT6t 7 7 a of 5�rf SEC 36 TIS RC IW, WM a WASHINGTON r , 0 OR MAY 1985 SCALE, 1"=1OU }���Ba�YLbR STREET k � ��7��s.N��x }jb� �( m �s ?, T e 4 " ? t 6 � ° jt t it 13. i 9 � � S � #� Pop 6 f .{y A vie R f I i"t� 4 • Yk.A} � ' � 4�z STRE6ET h zt+2 a� iasr ry rt S. 7 4 a T +` £ Ll ^@:+ *41 ivow CITY OF TIGARD, OREGON ORDINANCE NO. 86-16 tie 14 ` AN ORDINANCE AMENDING ORDINANCE N0. 85-37, VACATING A PORTION OF SW CLINTON STREET AND DECLARING AN EMERGENCY. WHEREAS, the Tigard City Council initiated this vacation request pursuant to y Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the Council, having held a public hearing on 9/23/85, found that it I was, in the public interest to vacate a portion of 67th and Clinton Streets; and WHEREAS, the Council is now advised that the portion of SW 67th Avenue which was proposed to be vacated is not within City of Tigard street jurisdiction. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby amends Ordinance No. 85-37 by removing all references to the vacation of 67th Avenue by amending Section 1 of that ordinance to read as follows: "Section 1: The Tigard City Council hereby orders the vacation of Clinton Street as described on the attached Exhibit "A" and shown on the attached Exhibit "B", and by this reference made parts hereof." Section 2: The Tigard City Council further amends Ordinance No. 85-37 by amending Section 2 which set forth the required conditions placed on that � vacation as follows: "Section 2: The Tigard City Council further orders that the vacation be subject to the following condition: "o This vacation shall not be effective until the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor, and surveyor." Section 3: Effective Date: As this ordinance is to amend an ordinance passed by the Tigard City Council and effective in October. 1985, and as the Council wase unable to vacate 67th Avenue which was under Washington County lwrisdfction, an emergency is hereby declared to exist and this ordinance shall becomeeffective upon its passage by the Council and approval by the J Mayor. PASSED: 8y Umar, meds vote of all Council members res nt after baying read by number and title only, this day of 1986. Loreen R. Wilson, Deputy Recorder rI APPROVED: This day of O --, 1986. a� t3fif+a' E V''t ohs E. Cook Ma or y r s EXHIBIT "A" a LEGAL DESCRIPTION FOR VACATION OF CLINTON STREET A parcel of land in the plat of WEST PORTLAND HEIGHTS, Washington County, Oregon; the said parcel being a portion of SW Clinton Street abutting Blocks 7 and 14 in said plat described as follows: Beginning at the Southwest corner of Lot 19, said Block 7; thence East along the South line of said Block 7, 19'3 feet more or less to the Access Control Line of the Southbound Exit Ramp of the Haines Road Interchange; thence Southwesterly along said Access Control Line 63.25 feet more or less to the North line, of said Block 14; thence West along said North line 173 feet more or, less to. the Northwest corner of said Block 14; thence North 60 feet to the point of beginning lw/3585A i y {F 1 L f � t �3 r if4�frt�S j Ft. f l s 4 s F i S' Up y �S'T Te�F #hf`txi3 s dot��� i d t � 1"i��i }a" fat ^S{3 s a r' .,, •'. {,; • PROPOSED VACATION OF EXHIBIT SW 67TH AVE & CLINTON ST IN SEC 3:6 TIS R .M Li TOI l0l~? Q MAY' 1985 SCQ 'I'` ioi' BAYL(0)R � STREET 60' Lij T Q K WWW ' t T i 3 17 co C .LUTON STREET E • 4 4. 4- i c �• 4 f 5 J A } i 3 7 xrrst Pb 1-1E�G.NTS RECEIVED PLANNING " JUL 08 1992 FILED IN THE BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON JUL 31986 Washington C Wty In the Matter of Surrender of ) RESOLUTION AND ORDER Jurisdiction of portions of ) n County Roads to the City of ) 11�r - �J Tigard, Oregon. ) County Road No. 2638 T/J i This matter having been considered by the Board of County Commissioners at its regular meeting of July 1 , 1986; and It appearing to the Board that the City of Tigard, Oregon has requested of this Board its surrender of jurisdiction of a portions of certain County Roads as described and depicted in attached Exhibits "A" and "B", attached hereto and by this reference incorporated herein, now under the jurisdiction of Washington County, Oregon; and It appearing to the Board that said roads lie 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. 86-50, dated May 13, 1986, it duly required the setting of a time and place of public hearing on said request and required 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 1st day of July 1986, at the hour of 10:00 a.m. in Room 402 of the Washington County Administration Building, Hillsboro, Oregon; and It appearing to the Board that at said public hearing the Board 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 roads as hereinabove described; and it is hereby RESOLVED AND ORDERED that the jurisdiction of the County over said roads as hereinabove described and responsibility for the maintenance, construction and repair and the full and absolute jurisdiction over said road 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 road 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 i 'w�✓' Res• 8�- 8� EXHIBIT "A" 1. County Road No. 1602 (S.W. Franklin Street lying between S.W. 66th Avenue and S.W. 69th Avenue). All of County Road No. 1602, in the Northeast one-quarter of Section 1, T2S, R1W, W.M. 2. County Road No. 1600 (S.W. 68th Avenue lying between S.W. Franklin Street and S.W. Gonzaga Street). That portion of County Road No. 1600 lying between the beginning point and that portion previously transferred in County Road No. 2379 (T/J) in the Northeast one-quarter of Section 1, T2S, RIW, W.M. 3. County Road No. 1544 (S.W. 69th Avenue lying between S.W. Clinton Street and S.W. Hampton Street). All of County road No. 1544 lying in the Southeast one-quarter of Section 36, T1S, R1W, W.M. and the Northeast one-quarter of Section 1, T2S, R1W, W.M. 4. S.W. 66th Avenue (Unnumbered County Road) (S.W. 66th Avenue lying between a point 200 feet southerly of S.W. Clinton Street and vacated S.W. Varns Street). That portion of S.W. 66th Avenue, maintained by Washington County through an agreement with the Oregon Department of Transportation as approved by Minute Order No. 69-104, dated April 8, 1969 and Minute Order No 80-95, dated February 19, 1980, excepting therefrom any portion that has been acquired by the Oregon Department of Transportation thru subsequent agreements, in the Southeast one-quarter of Section 36, TIS, R1W, W.M. and the East one-half of Section 1, T2S, R1W, W.M. ----fir- 5. S.W. 67th Avenue (Unnumbered County Road) (S.W. 67th Avenue lying bet ' en I-5 and a point 150 feet northerly and 12 Clinton Street). That portion of S.W. 67th Avenue, maintained by o 1�,G r Washington County through an agreement with the Oregon Department of T� � �c,,j Transportation as approved by Minute Order No. 69-104, dated April 8, 1969 and Minute :Order No 80-95, dated February 19, 1980, excepting 14 ' therefrom any portion that has been acquired by the Oregon Department of Transportation thru subsequent agreements, in the Southeast one-quarter of Section 36, T1s, R1W, W.M. 6. Unnumbered County Roads (S.W. 68th Avenue lying between S.w. Clinton Street and S.W. Atlanta Street; S.W. Baylor Street lying between S.W. 69th Avenue and S.W. 66th Avenue). All of S.W. 68th Avenue and S.W. Baylor Street as maintained by Washington County through an agreement with the Oregon State Department of Transportation as approved by Minute Order No. 80-95 dated February 19, 1980, excepting therefrom any portion that has been acquired by the Oregon Department of Transportation thru subsequent agreements, in Section 36, TIS, R1W, Washington County, Oregon. PAGE 1 OF 4 fA - % \ W 1 % Metzge�!� S COUNTY ROAD T R A N S F i JURISDICI Fl r D FACFLEI ' City of TIGARD a > �l S MUITNO mA'H C( T. 5 CLACKAMAS CI 2 w 9, A KRUSE WAY Proposed Transfer �`�►'��� City Limits VICINITY MAP 11 wl I 1 IwsnLC NI 1 ;y /'I /' QpG •\ S. ATLANTA !T. W •o.,... 11 W > 1 11 11 I Sr K SAYLOR( fTRCC �-i t 1 � i I T 1 Lw DV vtll fTRCCT ( 7 -- I ,o I 1 , sr. cuNroN sTRCCT J I Mi f 2 IC7<TCNfION.�_ O►FS 3 N AARK S.W. yaxDf PC. a 3 ... t/> 5m. Y 0 I �Li. NCRMOtO WA I e FRA NKLIi 7R w �J Sy I 10 ~ .i S.w. "CV LAND RD 7• Lw. DEMANDI RD. j ! vil . PML LEWIS 1f I 's.w. DON:A IST. ELEMENTARY sK a INzicA I ST. I SCHOOL a .s; 1 j i' E.w, i NA 1 DN I ST. 4 + ------------ I 4 WASHINGTON• COUNTY Inter—Department Correspondence Date February 14. 1980 To ThFor Meeting of: February 19, 1980 The Honorable Board of County Commissioners From Director of Public Works Subject Through Way Agreement, North Tigard-south Tigard Interchailge Project The Oregon Department of Transportation is ootrpleting plans to v� %r Interstate 5 between the North Tigard interchange and the soulwdrisF': interchange. The state will be acquiring all the necessary rl;;o -n and they will be letting the contracts for the construction.an interstate highway, the Stats will be paying the local sharae trn project. As the County has jurisdiction over several of the tit o are adjacent to this project or crossing this project, the std s }king that we tgrese to take over maintenance of the new constructi t F county roads upon ompletion of the project. The County will also be agreeing .,� 6,to Vacating portions of ootunty right-of-way that would be lying within the new baudaries of the throughway as well as agreeing to the closure of those roads which are shown on the attached plans. These new road connections and road closures were addressed in an environmental impact statement and then presented at a public hearing several years ago. This new construction t'- will occur at no cost to the county. RFX.CK-UMTIM: Your Board authorize the Chairman to sign the prepared agreements with the Oregon Department of Transportation. Respectfully submitted, Larry ✓Rice „} IIt5b4�B:ja APPROVED WASHINGTON COUM o p BOARD OF COMMISSIONERS p QC i ''IFJUTE ORDER/ ,.7., ............ ' *: +ATE.. DY ctsut a Tn=eoatas 4 L RAY GR_LEpenNn► 4-d. R /mc MULTNOMAH COUNTY SW. 650-AM. -•��,,���, N CQl1 T-y-__ �4 —....• — »�- _ tr rvr.is rt.�. r � — --- A "LINE 50 1 ' `V •. s MATCH LINE p• �!**. '� ;�`.� �'•, b�'b►' 1 ♦"moi 1 t ow M ,,,ems' :•� . _ %. -..��.a.... ..--_ter.=...L__�� ` � •••''�'•'�'•'•'��•� � it ! ilk? ii#ifit:::::i'ii#ii#i=i i=#a;..i.. { :si i:. mml .::i:::;:::c:: :.s .st ilii•�':.i:::::s:......s���::i.x t{ii: :� ii:: ....:..:s••i:::::::iii Pi W. m ::i:s. Hl i = i iiiii =. {_ -- ll�imiolli iI.I.Niiislui H!llti � . �� it s•tc t uu E sss r::iii: .1 Ye.,gln►. ;:iiiii' i'{i}r.:attE���, ;?tom\ � •ii �i i }� , ::: t}'•�• . .i�� .! {{iii u u i$ z. FIR im maw um HHERHI :t r...........;isWill { .i{1 isiiif �{��{{i{iii{�'{•:�.:... ...=o.3•iFi,�s�{i =:'I� ��.•': ..�iiiii'• •'i`i' c.:i}:u�... ............... ffi :fEfi:iiiizi ' ::•iifG?'r^iiiiiifi6}!u#cine iiitsZ. ut ici' i.::s..........� i » ::ii:et::s:•.;.. ;.tsii::{i{ti4{i{ 'iiiii�:i7iii: :i::; iii"i' •.ii............... ».i2:L:tii • s• ..:.;. s•t.•; s� :'►t::tiiit:iiiii'iiiiiEii{iiii:iii iiiiic ii: ::: .�s••}{'i ' � ililM .It i'ssi^::s?ii »: :s:'•r3is:iii:• �«� `+�-�._ :s .. az . m i :r' ai » z ' INDEX Of SHEETS STAT �M M NNN�ttM DEPARTMENT S'K'ATE l i . 7771 PLANS Ft H. TIGARD INTCHGE PAI MULTNOW WAR El 6a _ -p I It NOW LAM "Now Tis Ab i Y 1980 9 , ti PU NC Waft � 'R ' Z wnhftW Cr* 4 }•Lr r . L J i i OF O R E G O k S arc-STwuclacat4 c. .. ;... : OF TRANSP TATION �. N.M »w1 .MO o ..._ I . : GHWA'Y DI ON to aieaon . R PROPOSED PROD Aaw" i So TIGAR INTCHGE, SEC. - ; IFIC HIGHWAY �- ~-• . INMN i CiJICKANIAS OUNTIES ._ R e r BEGINNING OF PROJECT %to.372♦60 . ' LEG END /Main :; � �, • ®� Counfy MQin�Qin i � Roa c+� C/ordre 3 _ EXHIBIT ,q END Of PROJECT n r r Sta. 67+S0 Y rIww 9 H•a, C MINI .�fAtt M111wT[MwIM - E.:Hunter MMTAW Ivall uwMrw OWNS K ' � OREiON illAM�OIIfATIpI COMM�SSIpI � • *�. AIHIIOn! YtYrfl ww1.M Tw wash MKs pIMY NINTMIMT N TeAMl"Glaf1N1 Pie"MIeMMMV AN11M S"ATNM �a h '�. fiahll Cam" wrrw�w i 41'i3 j M~IOA� RTMNNr11 , •�� _ •KIMN elerse•""wave",. yPA -its post TV- MOMMEWIN i i t?. 2. Provisions of Poderal and state statutes appl.icahle to public contracts and ayrevmr•nts or this type are here'-,y incorporated by reference as if fully set forth harein. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed LS their seals its of the day and year hereinafter written. The Oregon Transportation Commission, by a duly adopted delegation order, authorized its Chairman or Vice Chairman to act in its behalf in approving this agreement. Approval was given for this agreement on Jh Bchc hJ o77, /�QD by GAN"MM111 YT" , which approval is on file in the Commission records. The delegation order also authorizes the State Highway Enginoer to execute the contract on behalf of the Commission. r- A M NDED STATE OF OREGON, by and through its Department of Transportation, 4HigtayDivision Metropolitan Adminis rator Highway Engineer APPRO TO FORM WASHINGTON COUNTY, by and through its Board of County Commissioners County Counsel By Chairman Approved Washington County Board of Commissioners Minute Order No._�Q—q Date O BY Clerk of the Board `' 'STATE. OF OREGON, County of Marion 194. Personally appeared H. S. Coulter, who hR being savor-- h, stated that he is the State Highway Engineer for the State of n� Oregon, Department of', z e9 P Transportation, Highway Division, and this document was voluntarily signed on behalf of the State of Oregon, by authority delegated to him. BEFORE MEs vx Notary Publ c fo Oregon MY Commission expires Zq• 4 PAr i1 t f L ' 1 41i. t +µ T, 4. County shall, upon completion by State of construction or recon- struction, as the case may be, of those roads or portions of roads described in paragraph 2 under THINGS TO BE DONE BY STATE, assume at its sole expense all jurisdiction, maintenance and control over said roads or portions of roads, with all Stato's right, title and interest passing to County. Said roads or portions of roads are approximately as shown on the attached Exhibit A. 5. County shall, upon request by Stag, and without cost to Stag, relocate or adjust, or cause to be relocated or adjusted, all privately t or publicly-owned utility conduits, lines, poles, mains, pipes and all other such facilities of eve" .kind and nature excluding�r;r,�,,'r:.• ery County-owned facilities, where such utilities or facilities are located within the •:: right-of-way of any presently existing County road where such relocation or adjustment is necessary in order to conform the utilities or facilities to the plans for the project. County may request State to arrange for said relocations, acting on behalf of County. 6. In compliance with various rules, regulations and policies per- taining to the Federal Aid Highway System, the County shall obtain from -; State prior approval of any future changes, including traffic-control measures, that may affect that portion of the Federal Aid Highway System, which is covered by this agreement. 7. County shall enter into and authorise execution of this agreement during a duly authorised session of its Board of County Commissioners. GENERAL PROVISIONS 1. The parties hereto agree and understand that they will cosiply with all applicable Federal and Stag statutes and regulations, including but not limited tom Title 6, U.S.C., Civil Rights Acts Title 18, U.S.C., Anti- Kickback Acts Title 23, U.S.C., Federal Aid Highway Acts and Titles 2 and 3 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. -3- low. T �.t, ,....��..-..._. .. _-wryrw;4ev�J�'4A11� }Ad6b4�17cr►+J +. q�, •}It•P1�R.4 .. �-• L ' 6. By the authority granted in ORS 271.330(1) State, or any political subdivision within the State, has the express power to relinquish the title to any of its property to any other governmental body or political subdivision within the State, provided such property shall continue to be used for public purposes. NOW, THEREFORE, the premises beitx; in general as stated in the fore- going RErITALS, it is agreed by and between the parties hereto as follows: THINGS TO BE DONE BY STATE 1. State shall conduct the necessary field surveys and traffic investi- gations, obtain all required right-of-way, easements and material sources, prepare the plans and contract documents, advertise for bids, award all contracts, furnish all construction engineering, material testing, inspection and resident engineer services for construction and, upon completion of the project, thereafter perform all required maintenance operations along the throughway, approximately as shown on the attached Exhibit A. 2. State shall locate and construct, or reconstruct, certain frontage roads along the throughway and portions of county roads and, upon completion of construction, shall dispose of for public purposes all Stag's right, title and interest, if any there be, in those portions of roads lying outside the access control area of the throughway. All jurisdiction, maintenance and control thereupon shall pass to County to be performed at County's sole expense. Said roads are approximately as shown on the attached Exhibit A. 3. State shall close certain existing roads, portions of which may be under the jurisdiction and control of County, at the approximate locations shown on the attached Exhibit A. Said closures shall be accomplished by erection of a barrier or obliteration of the existing roadway.and include r,. warning signs, where applicable. 4. State shall, without cost to County, relocate or cause to be relo- cated all existing privately-owned utility conduits, lines, poles, wains; pipes and other such facilities that are located on private propertywhere Y ,'';'• such relocation is necessary to conform said utilities or facilities to the plans for the p project. If requested by County, State may arrange for any required utility adjustments lying within County jurisdiction, acting on behalf of County. J ; THINGS 70 BE DONE BY COUNTY r; • 1. County agrees that no county road shall be constructed running into or intersecting said throughway without prior written approval by State. 2. County acknowledges the effect and scope of ORS 366.320(3) and, Pursuant thereto, consents to the vesting in State of those portions of County right-of-way lying within the riqht-of-way boundaries of the through- way. 3. County consents to the closure of those roads, streets and ways referred to in paragraph 3 under THINGS 7o BE DONE BY STATE. -2- "w .K L'��rN „.,� t;ak.w':aL dr K:ri'.r.•rk 34�. �A � � L ,x a w +hy � vim .r" l Apprrnledt Hunter i Versteeq MCHtpf w 1/4/80 Misc. Contracts i Agreements No. 7062 �k THROUGHWAY AGREEMENT ' THIS THROUGHWAY AGREEMENT is wade and entered into by and between the STATE OF OREGON, by and through its Department of Transportation, Highway Division, hereinafter referred to as "State"; and WASHINGTON COUNTY, a political subdivision of the State of Oregon, acting by and through its Board of County Commissioners, hereinafter referred to as "County". W I T N E S S E T H RECITALS ':- 1. For the purpose of developing a highway system adapted in all particulars to the needs of the people of the State of Oregon, and for the safe and expeditious flow of traffic, State and County plan and propose to construct the North Tigard Interchange-South Tigard Interchange Section of the Pacific Highway, State Primary Highway No. 1, hereinafter referred to as "project". The location and limits of said project are approximately as shown on the sketch attached hereto, marked Exhibit A, and by this reference made a part hereof. Said project shall be constructed as a ->, "throughway",...••: an that tern is defined in ORS 374.010. 2. By the authority granted in ORS 366.775, 374.075 and 374.080, State and County may enter into agreements and do all things necessary for the laying out, acquisition, construction, reconstruction, improvement, repair, and maintenance of any throughway, road, highway or street. ' 3. By the authority granted in ORS 374.060, State may, with the *` official approval of County, close any street, highway or road at or Door the point of its intersection with a throughway; or make provisions for carrying the street or road over or under the throughway; or provide a connection with a throughway by means of a utility or service road to a suitable point of connection; and do any and all work on the street. highway or road as is necessary therefore. 4. By the authority granted in ORS 374.065, no street or road shall. after the establishment of the throughway. be constructed running into or intersecting the throughway unless the plans and specifications have first been submitted to and approved in writing by the Oregon Transportation Cam- mission and made a matter of official record. yy� 5. By the authority granted in ORS 366.320(3). all rights-of-way owned or held by County over or along any roads adopted as State highways ' are vested in State. y�G�r 4 � � �r L L _ e wool CI1Y OF TIGARD, OREGON RESOLUTION NO. 96--q6, RESOLUTION RECORDING THE DESIRE OF THE CITY OF TIGARD TO ACQUIRE JURISDICTION OF CERTAIN COUNTY ROADS, OR ?ARTS THEREOF, WITHIN THE CITY OF TIGARD NOW UNDER JURISDICTION OF WASHINGTON COUNTY, OREGON. WHEREAS, pursuant to ORS 373.270, the City Council of Tigard deems it necessary, expedi'tnt and for the best interests of the City to acquire jurisdiction over the County roads or parts thereof set forth on the attached sheet denoted Exhibit "A" (Road Listing and Description), and "B" (Map), and by this reference made a part hereof, to enable the City to exercise jurisidiction with respect thereto to the same extent as it has over other public streets and alleys of the City; and, WHEREAS, the Washington County Department of Land Use and Transportation, Oregon, has heretofore stated its willingness to recommend to the Board of County Commissioners that jurisidiction of certain County roads within the City of Tigard be relinquished to the City upon request, lb NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (a) "That the City Council of Tigard does hereby record its desire that t' it is necessary, expedient and in the best interests of the City to acquire jurisidiction of those County roads, or parts thereof, now within the City as tabulated on the attached Exhibit "A" to the same extent as the City exercises jurisidiction over other public streets or alleys in the City. (b) That a request is hereby made to the Board of County Commissioners of Washington County, Oregon to transfer jurisdiction, in accordance with ORS 373.370, to the City of Tigard of said streets, roads or parts thereof as listed on the attached Exhibit "A". PASSED: This 141A day of 1986. .-✓f rte/ r - City of Tigard ATTEST: J Deputy City Recorder - City of Tigard (2445P) RESOLUTION ND. 86- `�fo EXHIBIT "A" 1. County Road No. 865 (S.W. 100th Avenue lying between S.W. Murdock Street and S.W. McDonald Street). All of County Road No. 865, in the Northwest one-quarter of Section 11, T2S, R1W, W.M. 2. County Road No. 1290 (S.W. Ross Street lying between S.W. Hall Blvd. and S.W. 81st Avenue; S.W. 81st Avenue lying between S.W. Ross Street and S.W. Bonita Road). All of County Road No. 1290, in the west one-half of Section 12, T2S, R1W, W.M. 3. County Road No. 1042 (S.W. 74th Avenue lying between S.W. Bonita Road and S.W. Durham Road). All of County Road No. 1042, excluding that portion previously / transferred in County Road No. 2379 (T/J) in the east one half of Section 12 and the North one-half of Section 13, T2S, R1W, W.M. 4. County Road No. 1602 (S.W. Franklin Street lying between S.W. 66th Avenue and S.W. 69th Avenue). All of County Road No. 1602, in the Northeast one-quarter of Section I, T2S, R1W, W.M. 5. County Road No. 1600 (S.W. 68th Avenue lying between S.W. Franklin Street and S.W. Gonzaga Street). That portion of County Road No. 1600 lying between the beginning point and that portion previously transferred in County Road No. 2379 (T/J) in the Northeast one-quarter of Section '_, T2S, R1W, W.M. 6. County Road No. 1922 (S.W. Hernwso Way lying between S.W. 72nd Avenue and S.W. Beveland Street; S.W. Beveland Street lying between S.W. 72nd Avenue and the - westerly line of Hermoso Park). All of County Road No. 1922 in the North one-half of Section 1, T2S, R1W, W.M. 7. County Road No. 1522 (S.W. Baylor Street lying between S.W. 72nd Avenue and S.w. 69th Avenue, S.W. 69th Avenue lying between S.W. Baylor Street and S.W. Clinton Street and S.W. Clinton Street lying between 69th Avenue and S.W. 68th Avenue). All of County Road No. 1522 lying between the beginnin point and that portion previously transferred in County Road No. 2593 ?T/J) in the Southeast one-quarter of Section 36, TIS, R1W, W.M. t'.. .t Sl EXHIBIT "A" 8. County Road No. 1544 (S.W. 69th Avenue lying between S.W. Clinton Street and S.W. Hampton Street). All of County road No. 1544 lying in the Southeast one-quarter of Section 36, T1S, RIW, W.M. and the Northeast one-quarter of Section 1, T2S, R1W, W.M. 9. County Road No. A-138 (S.W. 74th Avenue lying between S.W. Fanno Creek Place and S.W. Durham Road and S.W. Fame Creek Place lying between S.W. 74th Avenue and S.W. Upper Boones Ferry Road and S.W. Upper Boone's Ferry Road lying between S.W. Fanno Creek Place and S.W. 72nd). That portion of County Road No. A-138 lying between angle point No. 2 of said CR No. A-138 and the beginning point of CR No. 922 lying in the Northeast one-quarter of Section 13, Mo R1W, W.M. 10. County Road No. 933 (S.W. 79th Avenue lying between S.W. Durham Road and S.W. Bonita Road). All of County Road No. 933, in the west one-half of Section 12, T2S, R1W, W.M. 11. County Road No. 1366 (S.W. 108th Avenue lying between S.W. Durham Road and point 1900 feet, more or less, south. All of County Road No. 1366, in the Northeast one-quarter of Section 15, T2S, R1W, W.M. 12. County Road no. 245 (S.W. 72nd Avenue lying between a point 300 feet north of S.W. Ba Street, and a point 400 feet south of S.W. Elmhurst Street). Thatlor portion of County No. 245, lying between that portion previously transferred in County Road No. 2379 (T/J} (south line of Lot 15 Fruitland Acres) and the terminus of C.R. No. 1092 in the S.E. one-quarter of Section 36, TIS, R1W, W.M. and the N.E. one-quarter of Section 1, T2S, R1W, W.M. 13. County Road No. 1092 (S.W. 72nd Avenue lying between a point 50 feet northerly of S.W. Beveland Street and a point 400 feet southerly of S.W. Elmhurst Street). All of County Road No. 1092, in the Northeast one-quarter of Section 1, T2S, R1W, W.M. z S4 s+�S �y ,x+ .tq % E »,..e ......N EXHIBI%mo`"A" j `> 14. County Road No. 900 (S.W. Naeve Street lying between State Highway No. 99W and S.W. 109th Avenue, and S.W. 109th Avenue lying between S.W. Naeve Street and S.W. Highland Drive). All that portion of County Road No. 900, except that portion previously vacated, in the Southeast one-quarter of Section 10, T2S, R1W9 W.M. 15. County Road No. 1415 S.W. 109th Avenue lying between S.W. Naeve Street and a point 1200 feet, more or less, north of said intersection). All of County Road No. 1415, in the S.E. one-quarts r of Section 10, T2S, R1W, W.M.. 16. County Road No. 857 County Road No. 727 (S.W. Sattler Street lying between S.W. 100th Avenue and S.W. Hall Blvd.). That portion of County Road 857 lying between angle point No. 1 and the Terminus Point, and all of County Road No. 727, in the South one-half of Section 11, T2S, R1W, W.M. 17. S.W. 66th Avenue (Unnumbered County Road) (S.W. 66th Avenue lying between a point 200 feet southerly of S.W. Clinton Street and vacated S.W. Varns Street). That portion of S.W. 66th Avenue, maintained by Washington County through an agreement with the Oregon Department of Transportation as approved by Minute Order No. 69-104, dated April 8, 1969, in the Southeast one-quarter of Section 36, T1S, R1W, W.M. and the East one-half of Section 1, T2S, R1W, W.M. 18. S.W. 67th Avenue (Unnumbered County Road) (S.W. 67th Avenue lying between I-5 and a point 150 feet northerly and S.W. Clinton Street). That portion of S.W. 67th Avenue, maintained by Washington County through an agreement with the Oregon Department of Transportation as approved by Minute Order No. 69-104, dated April 8, 1969, in the Southeast one-quarter of Section 36, T1s, R1W, W.M. 19. Unnumbered County Roads (S.W. 68th Avenue lying between S.w. Clinton Street and S.W. Atlanta Street; S.W. Baylor Street lying between S.W. 69th Avenue and S.W. 66th Avenue). All of S.W. 68th Avenue and S.W. Baylor Street as maintained by Washington County through an agreement with the Oregon State Department of Transportation as approved by Minute Order No. 80-95 dated February 19, 1980, in Section 36, T1S, R1W, Washington County, Oregon. EXHIBI V 20. County Road No. 472 a (S.W. 72nd Avenue lying between a point 270 feet northerly of S.W. Beveland Street and a point 880 feet southerly). That portion of County Road No. 472 lying between the beginning point and the south line of Lot 13, Beveland, in the Northeast one-quarter of Section 1, T2S, R1W, W.M. 21. County Road No. 2439 (S.W. Tiedeman Avenue lying between S.W. Tigard Street and S.W. Greenburg Road). All of County Road No. 2439 in Section 35, T1S, RiW, W.M. in Washington County, Orego4. t p 4 r' ' EXHIBIT "A" �z. County Road No. 934 (S.W. 135th Avenue, lying between S. W. Walnut Street and S.W. Scholls Ferry Road). That portion of County Road No. 934 lying between the north line of Obrs Heights, a subdivision of record in Washington County, and the Terminus PointOffWa saidC.R. No.nd 93 T r inhe NotW.M. one-half of Section 4, Me v b Q•, E Et 1 i } tti EXHI�Bll B V L TIGARD a VICINITY w c _j, C30 18 21 Umi tell 4i .4; wo 6ac"w, XF. CITY OF TIGARD, OREGON RESOLUTION No. 85 jo RESOLUTION RECORDING THE DESIRE OF THE CITY OF TIGARD TO ACQUIRE JURISDICTION OF CERTAIN COUNTY MODS, OR PARTS THEREOF, WITHIN THE CITY OF TIGARD NOW UNDER ,JURISDICTION OF WASHINGTON COUNTY, OREGON. WHEREAS, pursuant to ORS 373.270, the City Council of Tigard deems it necessary, expedient and for the best interests of the City to acquire jurisdiction over the County roads or parts thereof set forth on the attached sheets denoted Exhibits "A" (Road Listing and Description), and "B" (Map), and by this reference made a Prethereof, nable the Cityto over Brcise other jurisdiction with respect thereto the sameextent as it public streets and alleys of the City; and, WHEREAS, the Department of Public Works of Washina on County, Oregon, has heretofore stated its willingness. certainc County roadsend to wit in dtheard f City not Commissioners that jurisdiction of Tigard be relinquished to the City upon request, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tigard: (a) "That the City Council of Tigard does hereby record its desire that it is necessary, expedientand in the best in ests partsf the thereof, to now acquire jurisdiction of those County roadsor within the City as tabulated on the attached Exhibit "A" to the same extent as the City exercises jurisdiction over other public streets or alleys in the City. (b) "That a request is hereby made to the Board of County Commissioners of Washington County, Oregon, to initiate such proceedings as required by ORS 373.370 to effect the transfer of jurisdiction to the City of Tigard of said streets, roads or parts thereof as listed on the attached Exhibit "A". (c) "That in connection with any transfer of said streets or roads to the City Tigard, that she County submitted to the City Commissionerscause cfollowing with documented, assembled and respect to each road, street or part thereof. 1. Legal description of such street, road or part thereof to be transferred to the City. 2. Copies of all engineering plans with respect to the construction of said streets, installation of stormsevere, sanitary sewers and other public utilities as may exist of (County) public record. 3. Certified copies of all permits, easements or agreements for the use of lands within the right-of-way of said streets or roads for sewers, drains, public utilities or private uses of any kind, including maintenance bonds or contracts applicable thereto, as may exist of (County) public record." PASSED: THIS -ff'--h day of o��vr� , 1985. yo -- ATTEST: n / ity Recorder Page 2 (1015P) \ EXHIBIT "A" A portion of County Road No. 1522: S.W. Clinton Street lyinq twee S.W. . -:��� bet Aven e and S.W. 66th Avenue. . � � �\ } (1 15) ., . . . . s 4jpPASS 0 f STR ' t yy ATLAN�A EET r$ r { r W � I Q t t O > W 41 1 � Q C > I > L QI 10 1 BAYLOR STREET \ 1 1 1 I t c CD t. to t W O to 1 1 t '1 I Ja Co INTO l 3 ` I W � W N ; 31 v � t 1 x 036 31 I o � 1 J I S.W " DARTMOUTH I 6 r 1-TN 1 I 1 W t Q �/�T/!✓'l� I 1 i W t Q I i L S_W ELMHURST $ r o I { t m I � t 1 1 t 1 t I � 1 t0 i t FRANKLIN i 3' t 1 All property described herein shall be subject to easements 2 imposed by instrument recorded March 18, 1952, in Book 330, 3 Page 337, and easements of the Unified Sewerage Agency. cc 4 Case No. 41-145: 5 Title in fee simple to the following described real property: 6 7 Lots 13, 14, 15, 30 and 31, Block 13, WEST' PORTLAND HEIGHTS, Washington County, Oro-on, containing 12,500 square feet. 8 9 eC i Case No. 41-146: 10 Title in fee simple to the following described real 11 property: ' 12 PARCEL 1 13 A parcel of land lying in Lot 19, 14 Block 8, WEST PORTLAND HEIGHTS, Washington County, Oregon; the said parcel being that 15 portion of said Lot 19 included in a strip of land variable in width, lying on the 16 Easterly side of the center line of relocated S. W. 68th Street, which center line is de- 17 scribed as follows: 18 Beginning at Engineer's center line Station "H" 55+00, said station being 19 975.48 feet North and 736.85 feet West of the Southeast corner of Section 36, Township 20 1 South, Range 1 West, W.M. ; thence South 20 34' West 1000.00 feet to Engineer's center 21 line Station "H" 65+00. 22 The widths in feet of the strip of land above referred to are as follows: 23 24 25 Page 9 - STIPULATED JUDGMENT 1 hereinafter described is the sum of $150,000. 00; and 2 It further appearing to the court that plaintiff, on the 2nd 3 day of July, 1980, deposited with the clerk of this court the 4 following sums for the use and benefit of the defendants in each 5 respective case: 6 In Case No. 41-144, deposited $50, 500.00; 7 In Case No. 41-145, deposited $34,400.00; and 8 In Case No. 41-146, deposited $3, 300.00; 9 for a total deposit of $88, 200.00; and 10 It further appearing that plaintiff has deposited with the 11 clerk of this court the balance of the amount for the 12 appropriation which is over and above the $150, 000.00 heretofore 13 deposited, to-wit: the sum of $61,800.00, and that plaintiff is 14 now entitled to judgment, appropriating the acquisition herein- 15 after described, to the State of Oregon, by and through its 16 Department of Transportation, in fee simple, free and clear of 17 all liens and encumbrances, except as hereinafter provided; now, 18 therefore, 19 IT IS HEREBY ORDERED, ADJUDGED AND DECREED by this court as 20 follows: 21 I 22 That the acquisition hereinafter described be, and the same 23 hereby is, appropriated for public purposes; and title to said 24 acquisition, together with all rights and easements therein, be, 25 and the same hereby is vested in the State of Oregon, by and Page 3 - STIPULATED JUDGMENT 800K833A PA 525 1 PARCEL 4 2 Lots 33 through 36, Block 14, 3 WEST PORTLAND HEIGHTS, Washington County, Oregon, containing 10,000 4 square feet. 5 PARCEL 5 6 A parcel of land lying in Lots 32 and 33, Block 13, WEST PORTLAND 7 HEIGHTS, Washington County, Oregon; the said parcel being described as 8 follows: 9 Beginning at the Northwest corner of said Lot 32; thence 10 Southerly along the Westerly line of said Lot 32 to the Southwest 11 corner of said Lot 32; thence Easterly along the Southerly line 12 of said Lot 32 to the Southeast corner of said Lot 32; thence 13 Northerly along the Easterly line of said Lots 32 and 33 to the 14 Northeast corner of said Lot 33; thence Southwesterly in a straight 15 line to the point of beginning. 16 The parcel of land to which this description applies contains 17 3,750 square feet. 18 A permanent easement across the following described real property for the purpose of constructing, main- 19 taining and repairing the slopes of cuts or fills occasioned by or resulting from the project. Since 20 fee simple title is not being acquired, any use may be made of the real property provided that such use 21 shall not interfere with the purpose of this easement. The real property affected by this easement is de- 22 scribed as follows: 23 24 25 Page 6 - STIPULATED JUDGMENT BOOK83c.""14 PAGE D 8 1f08O File No. 33739 '''':.WARRANTY DEED (Individual) Rnotn !RU Alen by Mbele Preanto, That A:1RM grantor._...,for the consideration of the sum of.� _ QAC ThAxia�►ad.�ttx7etn plc ad.PifS�r.. d. a ..� 1-= -- - - DOLLARS r to iEEil......._._.........-paid,have bargained and sold and by then presents do......bargain,sell and convey unto the STATE OF OREGON by and through its STATE HIGHWAY COMMISSION,the following described premises,to wit: '` A parcel of land lying in Lots 23, 24, 25 and 26, Block T of West Portland Heightso Washington County, Oregon, the said parcel being described as lollowat Beginning at thiN` rtheast corner of said Lot 26; thence South 66' 40' 43" West, 1' 109.77 teat to the West-line o! said Lot 23 tt a,Point 55.26 feet North of the 'euthweat corner of said Lot 23; thence South along said isat line 26.99 feet-to the.Northwsst corner of that property described in that deed to the State of Oregano by and through its State Highway Commission, recorded in Book 340, Pap 286 of Washington County Records of Deeds, said point being 28.27 feet North of the Southwest corner of said Lot 23; thence Easterly along the Northerly line of said State of Oregon property to the Eaat line of said Lot 26j thence North,along said East line 90'fest to the place Of beginning- The parcel of land to which this description applies contains 6,313 square feet: As apart of the consideration hereinabove stated, there is also bargained, F, sold, conveyed'and relinquished to the Grantee all existing,future or potential common lax or, statutory abutter's easements of awes$ betwsea the )arcel herein described and all of the Gmntor's remaining heal propert;r: It is expressly intended that these covenants, burdens, restrictions and {' reservations shall run with the land and shall forever bind the Grantor, her oeirs c' and assigns. Bom 480 PVZ 461. � ., - +rte✓ :urb' ` t t � � �! t.' - ���/�`// a , � �K� �� I9ST6• - ' fQ. . grantor-s6.,toe'the oondderation of , the IRUn of "r i .XU .-.S :„ ..'DOLLARS r" t-to t . s bags bargained and sold."by these Presents do_. bargain self and convey sxt to the STATEOF QREGON,by and through itr STATX HIGHWAY CbMIUMON,the following described Y'j�eanlsea,�to wit: ::, . •_ ,�_ _ � , _ '� .. ♦parcel of land lying'in Lots 15, 16, 17,418 , 19, 20, 21 and 22, Block 7, Yost PsrtLnd Heights, situated'in•tbe southeast quarter (SEt) of Section 36, Town- 1 South, Rangel blest, W. M., Washington County, Oregon. 'The said parcel be- US described las follows: rs Beginning at the Southwest corner of said Block 7; thence North 1. Olt 45" East along the West line of said Block,7, 175.54 rest; thence south 88. 589 15" East 10 feet= thence on a 164.63 foot radius curve left (the long chord of which bears South 30. 291 41" East) 181.16 test to the Fast line of said Lot 22; thence South 1. Olt.45"West 28.27 feet to the Southeast corner of said Lot 22; thence North 89. 161 15a West along the South line of said Block 7, 100 feet to the point ofbeginning. The parcel of Und.to which this description applies contains 8090 square feet. TO HAVE AND TO HOLD the said premises with their appurtenances, in fee simple,unto the said State of Oregon,by and through its State Highway Commission,its successors and assigns forever. And,„_..lift»...the said grantor I.do_....hereby covenant to and with the said State of Oregon,by and through its State Highway Commission,its successors and assigns,that............�M_A .e..._........-..the owner.g.. in fee simple of add premises:that they are free from all incumbrances and that.._..Jit.....---_----------------------will warrant and defend the tame from all lawful claims whatsoever. IN WITNESS WHEREOF.............we..--..-..-.-...have hereunto set.._.:.......o;tr-..........hand...s.and seal;.... this _. -...day of.--_.flrtwaXjt..._.._ .._.._.._.._.._.._,19.f+� Done in presence,of: _.._.._-. _ .: .._ ......_......_ ....[SEAL] [SEAL] STATE OF 0- C - N, as. Countyof _. _ .._..___ ..._._........ ._.._........... On this day of ._ ,_ ^ _.._. _. .._.,19 ,personally came before me, a �Notar� Public _ �� „ sad for said county and state,the within named .._AUdC-to rAe y: oWfl to be the identical persozl described sK who executed,the within instrument, and w A* to to me that.Ahe,.„execs the same freely and voluntarily for the uses the day and year last written. for *,t�u \G� :.•fi N7 cc aLl- 77�1 Friday t:ay hth, 1964--79ti; Judicial Lay /�� / i1• 2 IN THE CIRCUIT COURT OF THE STATE OF OREGi 3 FOR THE COUNTY OF WASHINGTON 4 5 STATE OF OREGON, by and through its ) State Highway Commission, composed ) y, of Glenn LJackson Kenneth N. 6 . , Fridley and David B. Simpson, 7 ) �'y Plaintiff, ) Case No. 24-774 8 ) FINAL JUDGMENT w JAMES F. GAULD and aINNIFRED M. 10 GAULD, husband and wife, ) 11 Defendants. ) s. 12 13 The above entitled cause coming on regularly for trial on the 29th day { 14 of April, 1964, before the Honorable Glen Hieber, Judge of the above entitled 15 Court; plaintiff appearing by and through Jack L. Sollis, of its attorneys, and 16 the defendant James F. Gauld appearing personally and by and through his attor- endant Winnifred M. Gauld appearing by and 17 ney Theodore B. Jensen, and the defj 18 through her attorney Theodore B. Jensen; a jury having been called, duly on- 19 paneled and sworn; the parties having made their opening statements; a view Of 20 the proposed acquisition having been held in the manner provided by law; the par- 6+ 21 ties having adduced evidence in support of their contentions and having node 22 their arguments to the jury; the jury having been regularly instructed in the law 23 and having retired for deliberations did, on the 30th day of April, 19648 return its verdict, which said verdict, omitting the title of the Court and cause, is in 24 99 2S words and figures as follows: t 26 "Ne, the jury, being first duly empaneled and sworn to try the above-entitled cause, find that the just eom- 27 pensation to be awarded to the defendants is in the sum fi of $3,775.00. 28 Dated this 30 day ^` April, 1964. /s/ Myrnella H. Heys > 29 30 and which said verdict was regularly filed by the Clerk of said Court; and It appearing to the Court and the Court now finds that the real prop- 31 S 32 arty and interest therein described in paragraph III o! the complaint is neees- 33 nary for a public use; and 34 It further appearing to the Court and the Court now finds that the l 35 � I CE v 2 plaintiff, prior to the commencement of this action andrsuant to its resolu- 3 tion, attempted to acquire said property and interest therein by agreement and 4 purchase, but was unable to do so; and 5 It further appearing to the Court and the Court now finds that the 6 amount of the verdict of t`,e jury exceeded plaintiff's tender to the defendants 7 prior to the filing of the complaint herein, and that the defendants are, 8 therefore, entitled to a reasonable sum as and for attorney fees herein, and 9 ` -0 $ the Court now finds that the sum of �20 -� is a reasonable sum to be 10 allowed defendants as and for attorney fees; and 11xx,• It further appearing to the Court that the plaintiff has now filed u5 12 its Notice of Election to Take said real property sought to be appropriated 13 herein; and 14 It further appearing that the piaintiff has deposited with the Clerk 15 of this Court the sum of $3,775.00, together with interest thereon at the rate N 16 of six percent per annum from April 30, 1964 until paid, and is now entitled to 17 judgment in accordance t erewith, appropriating the real property and interest ' bw- 18 therein hereinafter described to the State of Oregon, by and through its State i 19 Highway Commission, in fee simple, free and clear of all liens and encumbrances; s 20 ; now, therefore, 21 IT IS HEREBY ORDERED, ADJUDGED AND DECREED by this Court as follows: 22 I, 23 That the real property hereinafter described be and the same hereby t. r 24 is appropriated for public purposes, and that title to said property, together }, 25 with all rights and easements therein, be and the same hereby is vested in fee 26 simple, free and clear of all liens and encumbrances, in the State of Oregon, 27 by and through its State Highway Commission. Said real property so appropriated t 28 is described as follows: f 29 Lots 1 to 11 inclusive, Block 14, of West Portland 30 Heights in Washington County, Oregon, containing 27,500 square feet. 31 g 32 33 34 FINAL JUDGMENT - page 2 35 l t f20 4y � k.�t:.•... �MaC"f'-,,- t� ^'-K',t ..` �`l r"�`G,t+Ea��:ire�s..e ._.. t r i 2 II, 3 That the defendants shall recover of and from the plaintiff the sum 4 � D of $ y -� as a reasonable attorney fee, together with their costs and 5 — �0 disbursements herein taxed in the amount of $ y 4, ? 7 Dated this O day of May, 1964. 8 7 9 ti f, 10 11 X� 12 c4rcurt g 13 14 15 16 17 rj 18 19 20 21 f 22 23 24 2S 26 , 27 ,1 28 29 30 31 b 32 t 33 A 34 35 FINAL JUDQIENT - page� PACE 5 1 File No. 33741 L-4222 6827 WARRANTY DEED (Individual) RnoW Vrt2;znt2;, That ................. .................................................................................... .................... grantor.........for the consideration of the sum ofE;!Zht-1bXr'ArQA...an.C.L.N.Q./No C.$6QQ.Q.Q)... ..DOLLARS to.......................me...................paid,have bargained and sold and by these presents do bargain, sell and convey unto the STATE OF OREGON,by and through its STATE HIGHWAY COMMISSION,the following described premises,to wit: PARCEL NO. I A parcel of land lying in Lots 12, 13, 14, 15 and 16 ofock of West Portland Heights:in Washington County, Oregon; the said parcel being described as follows: Beginning at the Southwest comer of said Lot 13; thence North along the West line of said Lots 13 and 12 to the Northwest comer of said Lot 12; thence Last along the North line of said Lot 12 to the Northeast comer of said Lot 12; thence South along the East lines of said Lots 12, 13, 14, 15 and 16 to the South- east comer of said Lot 16; thence West along the South line of said Lot 16, a distance of 25 feet; thence Northwester15 in a straight line 106.06 feet to the point of beginning, containing 9,688 square feet. PARCEL NO. 2 Lots 14, 15 and 16,of Block ll. of West Portland Heights, Washington County, Oregon. EXCEPT therefrom that portion lying in Parcel 11o. 1. The parcel of land to which this description applies contains 2,812 square feet. mc/ '0 TO HAVE AND TO HOLD the said premises with their appurtenances, in fee simple, unto the said State of Oregon,by and through its State Highway Commission,its successors and assigns forever. And ......T.............. the said grantor........ do hereby covenant to and with the said State of Oregon, by and through its State Highway Commission,its successors and assigns,that............I..4A ................the owner in fee simple of said premises;that they are free from all encumbrances and that...................... ....................will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, .............1. ................ have hereunto set.........my..............hand......and seal...... this ...............day of...._..1.:.,.:.::..........................__......... 19 63.. Done in presence of: ....................................................... ....... ..................................... ......................................... ................ ........................[SEAL] AJM Med Im n000d STATE OF OREGON, 10=TUCUL1=1,Cbunfy Clads County of ....................0........................... 8T_ —- —Dept" • On this......i...............day of........................ ................. ...... ....................1 19_61,personally came before me, a notary public in and for said county and state,the within named•.Frank S.-Ri.c.ha.rd.s.,..A.s4nglqjr .......... ...................................................#m.......................................................................................hicads., to : wn o Prsonally kri" * to be the identical person. ... described in,and who executed,the within instrument, and Wh6 zr perdonall y* acknowledged to me that he-.executed the same freely and voluntarily for the us-s and purposesAhereii limed. official seal the day and year last above written,:. . .. /......_..................... ........................................ .............. r. Not=7 PUbHe for Ongon My commission expires KOK 488 PtsE 187 k`s. �/itsp hP x,F . HIXGTOICCOF r m'4kkta/iti}f5{ w " � � Y., s,Y t 'LU=ON { Y t,4` T ' G�► �ry PORTIOU'l 07t. �} ' ` 5 ..' � . . FU T$�<ST�BFT, `CDA�TMOUTS v s ORD$, x ,A �� Tre.1� L%NCOLN $T�REEeT id.,►W;,67�thyy;� gIRX .. � •,.d`7' kF�`s �Th3d matter hag?eom�ron ven - Lgi; xd of County , ;�i eY Ca . { 4a k ? Commiasiotiers at its'regu ?iA eant96r and x > t" iw�t r4 S R �ayV� a, r i;;._.. r .• It'appearing thatrdt! Cc�e rtb `di�` ad. liled .for 9 vacation of a portion oil' Fourth *a a�th St d and Lincoln z 9 70" ;Street M. Xr. 67t1X ,ln'thespl`a ''o f""1Pee 4po�tiand Heights" a plat 4y!jF; M ±y �' f} " X� 'l M ryY t 1 of record in ftashington County, OregonT and E\ k It further appearing that;;Maid pehdid de6cribe the portion ' J '�Y � ;} •t •':, ," v �o! the roadway to be vacated, the nameer off' tie -persons to be partiCah�Pi �. t�jl i I Y \ , 't t '11r7✓ry��kT'�fi��f�id Y!(1 , 7/1 14 x�►ffected, ;and eat forth tie pat tiCuas� Crcuis' ce�►4b! the casef�fia ,' A> f 3 `� "_ airp`d+ ?t+"J+ djy''`� a ,�,> �4 id itrther a Barin that 'ndt they den df s r PP g, ce ai piti0�; � a to r �, tt x 5 r,r�. ,.et � '.. '• � [: hN t� �dt,+tY7�rt�{' �(tA,, r.7k X16• . s giv by.aritten'-notice bei"ng�pdibtelt`` direr �h�in�3�b da y � f' 4 ys VA,6e ' a�y,Yrf A/. }f�• jN date` of the hearing,'which not ces,w`tete p aEel� i9 thred b!� the'; sti �! , � V� x � tf x � d Yt �. �• ,3 t,t A �y nlf conapicuoui placert within thb Ximiteo� a atxeets as s2�'olb e R �j�°'L 19', the affidavit on file herains ' and ''20': further appearing'that `said notice contaitied'a description+ v , y _;y :'- i � 7 t4 'i, sf X7:1 'k' {�ht x.�'t� ..m„' %� 1+{, 'poftion of `the streets to be vacated, ��Rft gave the data o! „ ,�o 967%'4t ”` riecember 5, 967 at 7:3( as t'he,time ane doom 20fj o this Kashis Q'PA".iw'YYp r r,�X xy:' g � ::• ;. -,. f•'i w ..�� 'L � r P e �'wa�ht it !f. 'f t�+23 L Count' Couhc�use, BilYsboro, as the.placb Stix .hearing the matterifi ......... wY � y xt icur hor appearing.:that no o'b j ections have been made to r o z 5 gtaa#iti nq lot"at4aid petition t= and urtf`her appearing,-that said vacation would notbe datriMen �-' ' to a #.nterests bf the public slid that good cause appears are, t4,bb3 �. �iZfi� ,:'" r•H��,�7 4y�� A i nbiw, tlierefgr + it 'ia 1lereby r ?i. ,Citi r=y r ng'. �4 *3 29 �1tESOL � 11QD,bRDER$D:mat the�fo],iowidescribporon e ti0 .a bLl 'T.n ee t a; Ot pt;;, ) and �$. tag �Id"a t s r x j� q ` '"� "'z�fi " tt�� (f y`u r� "`y"��ty+ Kr'it 1 Q � tba is Aa rti ct �eichb71 � ad moths;�bama,iu h'ereby+; tit rx k `,�thenc =northhernorth�ea co a ^f c rne�,of ssa diN ock endt,lb th�►eaterly to y T , a northea's w k ' F �Pt ,¢ 'h point on the south iirft 9�io lock' 14 Z0: feet west'7v w,i, southeabttoraeroi' fa�. "los theticbr Wiest to Che ,. �F "• tit , ' 3aouthvreat�oorner;ro bail^blot�c e:to �ztYu' o?ths-.north 'weatr:�orner,of Yo 7� said` 1 tti' �' . b ence.'northweaterly to $t Cr���tt'',�twth��eoutheaet-cornea va1ot30k l 3 #htince: sou th to,;the ' rrT`2, r7UtheaSt COrlfler Af.aait b10C�Ck214n 0#'�Ia�'";t0,4 the `aOL1thWest ` ofV bail bioA!. the, V.-x th to the r`no�rthv�eat corner: ; �r4 ^ id y-�. blocs ;18ti thencex=east tp hb orthone °corner thereofI }} { 'thence; south� to kthe�}°eouthea rzrnli #hdreof,t jthencQ:"east - 7 .�_, � � to P the'" t lA 8 r and it",ie furthef ayP , s i� rP rf y <j Y tiyh.Xy gY`"'i'r34i.t 9 `¢�t RESOLVED AND bRDEREI� �r �r{ 31 rveyor of Washington"County; eda szyT:�d rj�* ta� 4f °,�r � ar��2jd ���t� � tA� ,t ,10 Oregon, bell hb �eThere dutho z �: rec ' to mark that;pdxt bn � ad `I.'n of Fouainto rth Street �DuthSti n %+ b Street�.��: W. 87th l�ve.�Jv. yJ12 ' r,�.Mm,a rrvacated as vacated upon the:plata ad^rpeords of 1Paahington County �� �� ' Y r��,h• rN t tit, #J ? ��4�Pk�r• 13 ;Oxegont E and it i 'furthor 3a -� �4 � ;,RESOLVED AM'gRDBRPa ,that lh+a erector bf Records land Elections ofd` + W� r 1Pashington County,`Oregon, is"hereby authorized and directed td collect ` 16 t1'fiomF#he petitioners herein the re fired `Ls to o wt qu to try fees for payment to r..' p•.:. .. ,�. "w1� 'tha surveyor as surveyor's fees, and payment to the recorder-as 'r `aea;. and have a order of i'vacatiorecorded on'the`rdcords of t k7 ♦' I n °7�{t�k�lPtashington County. n� ✓ R $Dat@d this 5th day, of December, 1967, y�{ •F ,t , $Oeascu Olay COUNTY J OJSSIONEitS k. 2TZ 4 FOR WASHINGTON COUNTY, OREGODTb�• �, i7t 3 /� f r G$Y 1 r, t /1 A �.�++ rr.wi+t '�'•&�' V �4B �. Re rd ng S at ��"< � �tr{5,',- 4,11TAT2er'Mcel .� . � � •. f s � k f!r Ui m 7 ��au y.,,,Yrf✓ � r !� �yyy� + .:'* f%s r v V�r �+ R'•�'� i¢� .f �+F 4 1qPY<' � 'y�k�� ��"!15 '�'IIK�� �M►,'.QM MIAIMI Aw;: x {h (Y � n ",, .,. r �i .r+NASr''r" r�'�_} 3. • " �. ..., MCIIp11�'"