Ordinance No. 93-25 CITY OF TIGARD, OREGON
ORDINANCE NO. 93-�
rAN 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:
F 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
ORDINANCE No. 93--C-)S
Page 3
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.
I
PASSED: By vote of all Council members
present after being read by number and title only, this
e-QC-1' day of:: a "'��•- , 1993.
tv&herine Wheatley, City&Recorder
APPROVED: This 091�11 day of 3.
Approved as to form:
t
City orney
L 73
Date
1
93rdord.cd
i
ORDINANCE No. 93-c 5
Page 4
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MORT RMURDING TU I.ZGALIRRTION
OF TU RIGBT OF MY OF
A PORTION OF R.M. 112TR AVEMM
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.
5
Y 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
`r 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."
i
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
Randall R. Wooley
`f City Engineer
.y
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VICINITY MAP
DESit l BY APPROVED 9Y DRAYM BY
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PRELIMINARY COPY
LAYNE CASWELL
SURVEYOR, INC.
REGISTERED LAND SURVEYOR 8120 S.W.Lombard Avenue Telephone 803/844 3179
Oregon-Was*Vft•Idaho ' Beaverton.Oregon 97005 FAX 5W/6"-3100
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 N89.10146"E 20.34 feet from the
initial point of said plat; thence NO.36'26"E, 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 S89.56100"E 680.00
feet and SO.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 SO.36'26"W 370.34 feet to
the North line of "Amended Plat of Canterbury Place"; thence
S89.10146"W 50.00 feet to the Point of Beginning. Containing
18,536 square feet.
BOUNDARY SURVEYS • SUBDIVISIONS TOPOGRAPHIC MAPPING CONSTRUCTION STAKE-OUT
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N&WIIM11T= INIPR: 0004 3 PC*$ 406-400
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THE PUR 811 OF THIS St4RVET WAS TO MONUMINT A PORTION OF
S.M. 112TH AV&. AS 0ESCRI8RD IN A 'DEDICATION DNZD" 801CORDBD
/N/rlRa �'Ofnrr ► OCTODER 23. 1974 IN BOOK 497 AT PAGES 654 THRU 698 OF TUN
L 3, 4 (Nd'd•3� .s3i,S,1�► C4 W100V4 J00_31r.4ow OF !" is PARCEL COMM" DEED RECCATIONa. D. PORTION N DB IIOIgT SWnM
otw
�e� Is PARCEL 1 OF TBE DEDICATION DEED. FIELD CRNM UNDER MT DIIIECT
0 t t Q C,ovJ ,S/00 E�s?o-2-o')f (� /,Rpm P/AC FOvND /w ���@Y SUP19RVISUM INCLUDED JM CASWELL. STIVE t OVIN. AND DWCN
N89'/O'4G E .530.4tG 1 EY RGMINB. FIELD EQUIPREMT INCLUDED A ONE SECOND THEODOLITE AND AN
AAD- /7,?Qs. .4NGtE Poe. Ory ELECTRONIC DISTANCE METER.
NOoTY,I L/i1/E .i'OT !-
�� THE CONTROLLING DEEDS FOR TIB WEST LINN OF DEDICATION REND
�.�,
ARE BOOK 258 PAGE 256 AND 8009 451 PAGE 83 OF TUB WASHINGTON
FD 3/ "/.eeK/ sr �i COUNTY RECORDS. THE NORTHWEST CORNER OF BOOK 256 BRING THE
9 : :•�-7- : c��'
P/PE 2� : 9BCTLON LINE. 680 FEET BAST OF TH8 NORTH QUARTER CORNER OF
y� �r SECTION 10. I HELD THAT DISTANCE. 680 FEET.
Ai . �cb � ��• i WELT) THE 2" IRON PIPE AT TUE INITIAL POINT OF ^AMENDED
+.•`�' ::..+ �:� :.r1'�; ti` .` �++ -�. �'�. PLAT OF CANTERBURY PLACE" AND THE 314 INCH IRON PIPE AT TIB
NORTHEAST CORNER OF LOT 1 "COLE'S ACRES" TO BB PARALLEL WITH THE
3v`� NEST LINE OF 8009 258 PAGE 256. WHICH I3 ALSO THU WEST LIMB OF
11/,2OA/ PIPE �o Q� ,/�j DEDICATION DEED IST PAGE 696 PARCEL 1. THE DEDICATION DBBD
�kY / r. BEGINS AT TIM NORTHWEST CORNER OF LOT 1 AMMDBD PLAT OF
/.20X/ P/PES %S /G D 1,o2u P/PE CANTERSVRY PLACE, THEN RUNS NORTH ALONG TIM EAST LINE OF 80011
?f/EeE -DUIID /At 451 PAGE 83. THAT BAST LINE 13 0.34 FRET WEST OF THS NORTHWEST
5'tJ.Q{/Ey 10, /7Z9S CORNER OF LOT L, I HELD 20.34 FEET EASTERLY FROM THE INITIAL
POINT OF "-AMENDED PLAT OF CA14TMMURY PLACRI.
FOR CONTROL OF TRE SOUTH LINE OF THE DEDICATION DEED, I
HELD THE INI'TI;AL POINT, MONUMENT <:!D AND CONPUTBD POSITION OF
'THE ANGLE POINT ON THE NOR LINE LOT "AMENDED PLAT OF
CANTER13URY PLACE", POINT Q20), POINT BRING THE POSITt0N
OF A I" IRON PIPE IN SURVEY TPG. 17,295 AND COMPUTED FROM
IRON PIPE'S (a) AND QD,
BASIS OF BEARING IS BETWEEN THE Norm iQUARTER CORNER OF
SE'CTr0N VO SAND 'TELE SECTION 'CORNER COMMON 'TO 2, 3, 10 AND 1I OF
Tzs, RIW, N.M., AS 5HOw7N ON SURVEY NO, 2"IS,
I
'ORDINANCE NO. 93-25
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