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Ordinance No. 93-24 CITY OF TIGARD, OREGON ORDINANCE NO. 93-c; 7 AN ORDINANCE LEGALIZING THE RIGHT OF WAY FOR A PORTION OF S.W. 93RD AVENUE, DIRECTING THAT THE RIGHT-OF-WAY BE SURVEYED AND MONUMENTED, AND DIRECTING THAT A SURVEY MAP AND NARRATIVE BE FILED WITH THE WASHINGTON COUNTY SURVEYOR. - - I WHEREAS, the City Council finds: 1. The right-of-way for portions of S.W. 93rd Avenue, though required as conditions of development, has not been legally established. 2. ORS 223.935 provides the procedures for legalization of roads within a City. 3. The road has been surveyed to determine the location of the road and right-of-way. 4. The City Engineer has filed a written report with the City Council including the survey and other information. 5. A public hearing was ordered by Resolution No. 93-39. Notice of the public hearing was mailed to the owner of each adjoining property on September 8, 1993, and published in the Tigard Times on September 16, 1993. The public hearing was held on September 28, 1993. 6. At the public hearing, testimony was received from -o_ person(s) . i 7. The Council has determined that legalization for portions of the right-of-way for S.W. 93rd Avenue is in the public interest. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The right-of-way for S.W. 93rd Avenue is hereby legalized in accordance with the report filed by the City Engineer and titled "Report Regarding the Legalization of the Right of Way of a portion of S.W. 93rd Avenue." SECTION 2: The City Engineer is directed to cause the road to be surveyed and the centerline and right of way to be monumented by a registered professional land surveyor. The City Engineer is further directed to cause the survey map and narrative for said survey to prepared and filed with the Washington County Surveyor in accordance with ORS 209.250 C ORDINANCE No. 93-04 Page 1 SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and C`. posting by the City Recorder. PASSED: By Y Wr'A`\0\Lb vote of all Council members present after being ead by number and title only, this oZB�' day of , 1993. tatherine Wheatley, City Re4brder APPROVED: This day o 1 3. Approved as to form: C Attorney I Dam-� 1 93rdord.cd r ORDINANCE No. 93-Rq Page 2 S -,7-=, 777r +`TM MORT RRGJIRDING TU LXGRLIMTIoM C OF TU RMT OF NAY OF a1 PoRTIow or s.w. 93RD i1v= = The subject of this report is the right of way of SW 93rd Avenue between SW North Dakota Street and a point approximately 351 feet north of the north right-of-way line of SW North Dakota Street. Within the subject right of way exists a fully-improved street which has been used by the general public for ten years or more. The street is maintained by the City of Tigard. In accordance with City standards, such local streets typically have a right-of-way width of 50 feet. The west 25 feet of the subject right of way was dedicated by the plat of Reel Acres subdivision. The east 25 feet was dedicated in a separate document recorded in 1981. However, review by Chicago Title Insurance Company has indicated that the persons who signed the 1981 dedication document were not the legal owners at the time that the document was recorded. Apparently, confusion resulted from changes in ownership that were occurring during the same time period. Subsequent changes in ownership have further confused the issue, making it difficult to determine which parties would now sign dedication documents to correct the 1981 dedication flaw. To resolve this issue, it is proposed to use the legalization process provided in ORS 223.935 which provides for legalization of a city road "if, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road." A survey of the right of way has been completed by a registered land surveyor as indicated on the attached preliminary legal description and survey map. If the legalization process is approved by the City Council, the surveyor will monument the right of way location and record the completed documents with Washington County. It is recommended that the Council authorize the legalization of SW 93rd Avenue right of way as described in the attached documents. Date -I- P-9 3 Randall R. Wooley 61 City Engineer rw/93-rep sem, rs ,w, 'ems+a � � II. _♦� _ IIS �!! PRELIMINARY COPY LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR 6120 S.W.Lombard Avenue Te"hone 503/644-3179 Oregon-Washington-Idaho Beaverton,Oregon 97005 FAX 603/64"190 June 8, 1993 j Job No. 5106-2 RIGHT-OF-WAY DESCRIPTION FOR A PORTION OF S.W. 93RD AVENUE A parcel of land in Lot 23 "Ashbrook Farm" in the Northwest quarter, of the Southeast quarter of Section 35, Township ( 1) South, Range (2) West, Willamette Meridian, Washington County, Oregon, said parcel to be described includes a 25.00 foot dedication made in "REEL ACRES" subdivision and a tract of land described in a "Street Dedication" document recorded January 27, 1981 as Fee No. 81002981 of the Washington County Records, said parcel being more particularly described as follows: BEGINNING at the Northeast corner of Lot 4 "REEL ACRES" subdivision, said corner bears SO'12'00"E 259.02 feet and S89°31'20"W 145.00 feet from the Northeast corner of Lot 23 "ASHBROOK FARM" , thence N89°31'20"E 50.00 feet to the Northeast corner of that tract described in Fee No. 81002981 ; thence SO°12'00"W, parallel with the East line of Lot 23 "ASHBROOK FARM" and along the East line of Fee No. 81002981 , 350.92 feet to the Southeast corner thereof; thence S89'10100"W 50.00 feet to the Southeast corner of "TRACT B" "REEL ACRES"; thence NO'12'00"W, along the East line of tract "B" and Lots ( 1 ) thru (4) "REEL ACRES" to the Point of Beginning. BOUNDARY SURVEYS • SUBDIVISIONS • TOPOGRAPHIC MAPPING • CONSTRUCTION STAKE-OUT -%grow QF 711115 S;MIIE�AEMING7-At7MEiE'iC aeE asp-aF-;sa ,�'. �G='� ��i 3F SL 13B-C AS 3MrA z 7i •`>E�-".AGINEr AMS AA 9011EEr- - Fm As$ACL 02092MM QF aW 4111SONOM OQUIP1" ZoE cllps QF-aGIM Amw 3 409"arift la.slur $ 583 0911+SF CROW S;WAE=NW 41_w9EL AGNEr orc>9w&10E AYE AS!VO Vcw�pEA EX- 4er 3416 K e4rj4_sv(A4.�e 3.t.�A�ttAL sae- A'EFLZ 9eF .7A w A ^ , I5 A�:6®fCvLxw 'mEwk .. � I .A<3�'A:'�SSE:u9FE AM6+'43�Adm'A'4E LoemewSiXE " 6 JUNE 3 !dW NE 3mm 9K i9mmosomc I r'1fm SJ4&E Mal's 423i>;.. - '=..938 Atrfl"`A.4T. �"71�AJ�+S.�fil 8'•��. "IBES'*"*QMW SOS/ WA Hail '%jr- n'rlr.& SWMEW W, `:.9x8 T FVL_aIIIIE1.1'S.A'9i E7'-%a 4.M -'E'- 400KAIMF<M?AW C3,'=W 3#&W`�.Ag SIF F3 S'i� -Af=Aliif. Ivee Am;;is-;v iw smamew qmmm QF.im Z3$AiV Sff'IIIIIIESr amam OF .AC 24 As wow *54A IIEK AIA 41.2100 tFE TgDIF iTaw-1E 2F Wit. „gy Aa9w.T F&r4 11- MEM ' AM aiiGnF-1', -#I4` .:RE A6 EF&Afti cTC A& "T"faw 2rE i'S9. '�SJR.J ilE l6E AF 4.E S aEA6F' R OF � Z3'ASC FA C +iA®C 81 Imam -Evo.='4ic 9F,AIGIlG .8£"s•9 5, '�- 4.239 Ab&±:.$:$VD r.." .. .*%*-3aps W SFA-: i00 OF SA. IIS AGE.. - 1!2 ACA=OKW owe +eE,�—AfnS 40C <am 7nmmo.i 'rxE hF#iSaae * ..s fAwwk'S. T3/3F/&+993 OEM" t. �' "F.ef7FE5 MtJWI:aE.+•i'T =5FAV As M1Q - '111011he FCK^a .WWI *FRE 5-"Tt+@,f'Yi•'rCES- • IP;ASR4 CAV - i:i AIS y737'. w I xef3°'IE5 W-C:FFS 5 146 A0051,00 D-ANP.IE IR S.TAAIw:r 51.11LE� REP'., VA16ER. - ,- [ 1 N.W.' "ES iStal.s r,hw.fJA IA514aIIMElb'1 9t C r f"`- �,I„Rl,c. IE.COhe m..AfBRfR. "- Aa 1 ip likdb" AL& NF`-lttil44`t 5,i'f4CE*�4 wo 'Yfr'F' — �iM?' ,-rl"E' 5•/f 4'�i SG ?] [i1uRI "Mf[6 AR"JE,S•]iii$ _ MIR is, W Ir 33r OC rA 2W 2 2910' t .r PIE.9 too%own -5fl'.sn, 4 1 FOurff3 7'D 4'iS>•+ +�N R0O^ ' SMOOtu fist MCC" J - i � x 1. REFER 141C£MATTfPA. PATS Of 'A3»BR0OR RE FARM•.' EL ACRES mo ' MAyFAiR i SUR.Ly NUMBERS ( 4239 )1, (7%.918 )2 ` DEEDS :: BOOK 3W PAGE 555. rEE NO.'S 60040465 C`•�� i AND e100298•. l�tir'_ i 2. BEAR14 BASIS BETWEEti MONUUENTS FOUND AT Ol -- j P0tNT5 ®AND SAS PER •� r o -,.� S /I ! I SURVEI !10. 4239 22.93• LEFT �� iry i^. . .. Fouwo 5.1j INCH IRON R-GO� 2 { � g [ NOT A PLAT MONUMENT ) In { 3 33 in ! O N 1+05.81 29.89' LEFT -.__ -• vJ{® FOUND b/8 INCH IRON ROD S$ oo ani WITH PLASTIC CAP INSCRIBED LS 709 [19,147 ] z z I I ®/ —EAST 25' DEDICATED i IN FEE !Y 81002981 O� 1+05.93 25.01 LEFT--/ G; FOUND 5/8 INCH IRON l..p ROD [PLAT] BENT. 0p5 FOUND 5/8 INCH IRON ROD .�P p WITH PLASTIC CAP INSCRIBED Z 0p LS 926 [17978] vi 25.00' 25.00' r o /-SE CORNER OF LOT 23 WASHINGTON COUNTY V S I N / "ASHBROOK FARM". RECEIVED OFFICE S W. NORTH DAKOTA STREET S 89 10' 00" �C FOUND 5/8 INCH IRON ROD ITH� FOUND 5 8 1 25'"THE PUBLIC, FOR ACCEPTED FOR FILING / D W ELD CS 4239 U / INCH IRON ROD WITH ROAD PURPOSES. PLASTIC CAP, UNREADABLE PLASTIC CAP INSCRIBED LS 818 BK 300 PG555[19147], BADLY BENT. [PLAT] N 35'32'27' W 0.09'FROM S 88'4T 08" W 4.86' ^- POINT Q . 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