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Resolution No. 95-25 CITY OF TIGARD, OREGON RESOLUTION NO. 95--, A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY AN ABANDONMENT AGREEMENT, ACCEPTING RIGHT OF WAY FOR 72ND AVENUE FROM THE OREGON DEPARTMENT OF TRANSPORTATION. WHEREAS, in 1994, the 72nd Avenue/99W intersection project was constructed by the City of Tigard; and WHEREAS, the Oregon Department of Transportation desires to abandon excess right of way to the City of Tigard; and WHEREAS, the Tigard City Council finds that the proposed ODOT right of way to be abandoned is required for public right of way. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City of Tigard hereby agrees to accept the abandoned ODOT right of way as described in the attached Agreement. A copy of the agreement is attached hereto as Exhibit "1" and incorporated herein by this reference. Section 2: Further., the Tigard City Council hereby authorizes the _Mayor to sign Lthe�,,Abandonime t Agreement. PASSED: This �3 ay o£ , 1995. Paul Hunt, Counc4 l President ATTEST: City Recorder — City of 10igard ga\72-odot.re, RESOLUTION'NO. 95— cs7 5 Page Q9l22irrSul Abandonment & Retention Agreement No. 664 riot-G ABANDONMENT AGREEMENT 77-nd and 99W Section Pacific Highway Washington County THIS AGREEMENT, made and entered into by and between the STATE OF OREGON, by and through its Department of Transportation, hereinafter called "State", and the City of Tigard, a municipal corporation of the State of Oregon,by and through its City Officials,hereinafter called"City". WITNESSETH RECITALS 1. For the purpose of furthering the development of a highway system adapted in all particulars to the needs of the people of the State of Oregon,State has found it necessary and desirable to relocate and construct the 72nd and 99W Section of the Pacific Highway,State Highway No. 991AI in Washington County,Oregon. 2. Pursuant to ORS 373.010, whenever the route of any state highway passes through the corporate limits of any city,State may locate, relocate,reroute, abandon, alter or change such routing when in its opinion the interests of the motoring public will be better served. 3. Pursuant to QRS 366.300(3), State may abandon to the abutting property owners portions of the right-of-way of the former route of the highway that are no longer needed for public-road use and are not owned by the Department in fee. _• f ursuani to ORS 366.395, the State may relinquish title to any of its property not needed by it for highway purposes to any other governmental body or political subdivision within the State of Oregon,subject to such restrictions,if any, imposed by deed or other legal instrument or otherwise imposed by State. 5. The completion of construction of the relocated section of the Pacific Highway will make possible the elimination by State of.portions of the former route, hereinafter designated as Units A, B, and C,as shown on the map attached hereto, marked Exhibit A and by this reference made a part hereof. Unit C, as hereinafter -- TKA014.th Rev.10/25/94 Abandonment & Retention Agreement No.664 described, is needed ror the service of persons living thereon or for a community served iheseoy. Units A, and B as shown on Exhibit A, are no longer needed for public road use and are not owned by the Department in fee. 6. 1i is the purpose and plan of the parties hereto that Unit C be eliminated as a portion of the Pacific Highway and the state highway system;that the Unit pass to and vest in City;and that City maintain the Unit as a portion of its city road system as long as needed for the service of persons living thereon or a community served thereby; and that Units A and B be abandoned by State to the abutting property owners. NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS,it is agreed by the State and City as follows: THINGS TO BE INE BY STATE 1. State shall, by resolution, upon completion of construction of the 72nd and 99W Section of the Pacific Highway,formally eliminate Unit C as (a) portion of the Pacific Highway and the state highway system, and all right, title, and interest of State in the Unit shall pass to and vest is City, Unit C is described as follows: Unit Q All the land within the right-of-way boundaries of Pacific Highway, State Highway 99W,lying southerly of a line described from centerline of said Pacific Highway,State Highway 99W as now located, defined as follows: Engineers Station Distance Left 22+"'0.05 94.00 24+13.60 88.00 and lying in Section 36,Township 1 'outer., Range 1 West Willamette, Meridian, City of Tigard, Washington County, Oregon. Except that portion of Pacific Highway,State Igighway 99W lying in Unit A. TKA014.th Rev.10/25/94 Abandonment & Retention Agreement No. 664 2- State shall, by resolution, upon completion of the 72nd and 99W Section of the Pacific Highway and opening of the same to public travel, abandon Units A and B to the abutting property owners. Units A and B are described as follows: Unit A All the land within the right-of-way boundaries of Pacific Highway, State Highway 99W,lying southerly of a line described from centerline of said Pacific Highway,State Piighway 99W as now located,defined as follows: Engineers Station Distance Left 15+73.39 60.00 17+53.02 60.00 20+07.63 70.00 22+78.05 94.00 22+99.33 115.00 and lying in Section 36,Township 1 South,Range 1 West Willamette, Meridian,City of Tigard,V'lashington County,Oregon. Unit B All the land within the right-of-way boundaries of Pacific Highway, State Highway 99W,lying southerly of a line described from centerline of said Pacific highway,State Highway 99W as now located,defined as follows: Engineers Station Distance Left 24-t 13.60 88.00 27+06.96 r.11 28+44.69 60.00 and lying in Section 36, Township 1 South,Range 1 West Willamette, Meridian,City of Tigard,Washington County,Oregon. 3. State shall retain that portion of the right-of-way of the former Pacific Highway, and that real property acquired by State for highway right-of-way and other public purposes, as shown on Exhibit A. T!cc4.0 th Rev.10/25/94 Abandonment & Retendon Agreement No. 664 I TIINGS TO BE D02VE BY CrrY 1. City agrees to accept all of State's right, title and interest in Unit C; to accept jurisdiction and control over the property; and to maintain the property 2s a portion Of its city street-system as long as needed for the service of persons living thereon,or a community served thereby. Any right-of-way being transferred in which State has any title shall be vested in city so long as used for public road purposes. If said right-of-way is no longer used for fuo;ic road purposes,it shall automatically revert to State. 2 City shall pass an ordinance or resolution, as the case may be, authorizing Mayor and Recorder to enter into the agreement on behalf of City. GENERAL PROVISIONS The properties above described are relinquished and transferred subject, however, to the rights of any utilities located within said properties and further subject to the rights of the owners of said existing facilities, if any there be, to operate, reconstruct, and maintain their utility facilities presently located within said properties. IN%TTNESS WHEREOF,the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. TKA014.th Rev.10/2.5/94 Abandonment & Retention Agreement No. 654 The Oregon Transportation Commission,by a duly adopted delegation order, "= _n,-- Chairman to act in its behalf in approving this agreement. Approval was given for this agreement on by-__, which approval is on file in the Commission records. The Chief Engineer was also authorized to execute the agreement on behalf of the Commission. CITY OF Tigard,by and through STATE OF OREGON,by and through its City Officials its Department of Transportation By By Mayor Chief Engineer Date Date_ BY APPRO Recorder By APPROVED AS T�Oj LEGAL Region Manager SUFTCYY Assistant Attorney General Date TKA0143h Rev.10/25/94 1 • V h I 1 L 1 Q m -- ti N t �a - �-•--o von ._�p> A