Resolution No. 82-45 CITY OF TIGARD, OREGON
RESOLUTION NO. 82-g
A RESOLUTION RELATING TO THE RELINQUISHMENT OF A PORTION OF A
FORMER RIGHT-OF-WAY OF PACIFIC HIGHWAY WEST TO THE STATE OF
OREGON, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION,
HIGHWAY DIVISION.
WHEREAS, prior to 1977 the State of Oregon, by and through
its Department of Transportation, Highway Division, (hereinafter
"State") relocated the Park Street-Watkins Avenue section of
Pacific Highway West, State Primary Highway No. 1W, (hereinafter
"Pacific Highway West") in Washington County, Oregon; and
WHEREAS, that by reason of the relocation of the Park Street-
Watkins Avenue section of Pacific Highway West, the following
described section of the right-of-way of the former route of the
highway was no longer needed by the State, to-wit:
All of the land within the right-of-way boundaries of
the Pacific Highway West, State Primary Highway No. 1W,
as formerly routed lying outside the southeasterly
right-of-way boundary of said Pacific Highway West, as
now relocated from approximately opposite relocated
highway engineers stations 119+00 to 134+50, and lying
in Section 2, Township 2S, Range 1W, Willamette Meridian,
Washington County, Oregon. (the "Property") ;
and
WHEREAS, pursuant to ORS 271.330 and an Agreement dated
January 6, 1977 by and between the State and the City of Tigard
(the "Agreement") , the State by Abandonment and Retention
Resolution No. 560 dated January 18, 1977, transferred all of
the State's right, title and interest in the Property to the City
of Tigard, and the City of Tigard agreed to maintain the Property
as a part of its city street system; and
WHEREAS, pursuant to the Agreement, the State by a Relin-
quishment of Title dated April 5, 1977 and recorded April 7, 1977
in Book 1156, Page 438, Deed Records of Washington County, Oregon,
relinquished to the City of Tigard all of the State's right,
title and interest in the portion of the Property to which the
State held deeded title (the "Deed Portion of the Property") , but
only so long as such portions of the Property were used for public
road purposes; and
WHEREAS, the owners of the real property abutting the
Property have requested the City of Tigard to assist in the
transfer of the Property to private ownership; and
i
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RESOLUTION NO. 82-_y
WHEREAS, the City of Tigard no longer needs the Property
for public road purposes and does not wish to continue to
maintain the Property;
NOW, THEREFORE,
BE IT RESOLVED by the City Council of the City of Tigard
that the City of Tigard shall, upon the satisfaction of the
following conditions, transfer and relinquish to the State of
Oregon all of the City of Tigard's right, title and interest in
the Property to the State of Oregon:
1. The state agrees to accept the property as an
eliminated section of a highway and to determine,
pursuant to ORS 366.300(2) , that the Property is no
longer needed for right-of-way purposes, and that
the portions of the Property to which the State did
not hold deeded title shall vest in the abutting
landowners; and
2. The State agrees to dispose of the Deeded Portion of
the Property pursuant to ORS 366.395 in such a
manner to preserve enforceable access to the
adjoining landowners.
BE IT FURTHER RESOLVED, that upon the fulfillment of the
above conditions, the City of Tigard shall adopt a Resolution
transferring the Property to the State, and the City of Tigard
shall authorize and direct the Mayor and City Recorder to
execute on behalf of the City of Tigard a Relinquishment of Title
relinquishing the Deeded Portions of the Property to the State.
PASSED: This Z2 day of 114 , 1982, by
the Council of the City of Tigard.
Mayor - City of Tigard
ATTEST:
City Recorder - Cit of Tigard
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RESOLUTION NO. 82- yr