Resolution No. 98-61 • CITY OF TIGARD,OREGON
RESOLUTION NO.98-tp/
A RESOLUTION TO ACCEPT DEDICATION OF A PORTION OF SW 107TH AVENUE
13ETWEEN PARK STREET AND COOK LANE IN THE CITY OF TIG ARD.
WHEREAS,SW 107`h Avenue,between Park Street and Cook Lane,is a gavel street that has been
assumed to be within a public right-of-way and has been maintained by the City for a number of years;and
WHEREAS,the City's Capital Improvement Program includes paving of one or more gravel streets each
year to reduce maintenance costs;and
WHEREAS,SW 107''Avenue was scheduled for paving in the 1997-98 Capital Improvement Program,
but staff research into the right-of-way for that street revealed that the City did not have any public right-of-
way in that area;and
WHEREAS,a public sewer line and other utilities that serve the area currently lie within the street and
will require acquisition of utility easements;and
WHEREAS,the potential street right-of-way is basically divided into two strips,one strip on the west
owned by private property owners,and the other strip on the east with title that is unclear;and
WHEREAS,the residents of the private properties on the west side of the existing street have submitted a
proposal to City Council dated August 9,1998 offering to dedicate the right-of-way needed along their
respective frontages and requesting City Council to accept the dedication and upgrade,pave and maintain
the existing street consistent with the streets in the surrounding neighborhood;and
WHEREAS,dedication of a 25-foot strip along the eastern frontage provides only half of the right-of-way
required for this street;and
WHEREAS,the Engineering staff and the City Attorney's office are looking into the status of the eastern
strip;and
WHEREAS,the strip appears to be delineated for right-of"-way dedication,but was not recorded as such in
Washington County records; and
WHEREAS,the eastern strip of land varies in width from almost 25 feet on the north end adjacent to Park
Street to approximately 23 feet adjacent to Cook Lane,requiring acquisition of slivers of land from the
existing lots on the east side to provide the full 50-foot width typical in a local residential street;and
WHEREAS,City Council discussed the proposed dedication during the meeting on September 22, 1998,
and requested additional information regarding costs to upgrade the street and drainage system;and
RESOLUTION NO.98-b
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WHEREAS,the cost to pave the existing street as is with minor leveling is estimated at 512,000,but the
costs to fully upgrade the street and drainage system range from$65,000 to$90,000;and
WHEREAS,after the range of costs was presented to City Council on October 20, 1998,Council provided
direction to staff that the dedication of the property from the private property owners would be acceptable,
but that the improvements to be performed would be limited to paving the existing street as is and
maintenance of the existing drainage system;and
WHEREAS,the understanding is that the improvements to the street are to commence after acquisition of
both the east and west strips of land;and
WHEREAS,acceptance of the dedication offer would provide a legal public right-of-way for those
utilities that lie within the dedicated segments,and would be in the best interest of both the City and the
residents of that area.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The proposal by the residents to dedicate the right-of-way needed along their respective
frontages is hereby accepted.
SECTION 2: Staff is hereby directed to prepare,execute and record all documents necessary to accept
dedication of the properties as public right-of-way.
SECTION 3: Staff is hereby directed to pursue acquisition of the eastern strip of land needed to
ensure a full 50-foot right-of-way for this street.
SECTION 4: Staff is hereby directed to pave the street as is,after acquisition of the full right-of-way
needed,and to perform maintenance of the existing drainage system sufficient to
alleviate the periodic flooding alartg that street.
PASSED: This C�' day of AlUV PiM t 1998.
M o -City of Tigard
ATTEST:
rU Gtr r
City Recorder-City of Tigard
i11O"de4esWesolution to Accept De0i—i-of a POnion of SW 107^Avenue
RESOLUTION NO.98tel
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