VAC2004-00001 Decision - SW 72ND AVE RIGHT-OF-WAY CITY OF TIGARD, OREGON
ORDINANCE NO. 04- 07
AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 4,387
SQUARE FOOT PORTION OF PUBLIC RIGHT -OF -WAY BETTER KNOWN AS SW
72" AVENUE WHICH LIES TO THE SOUTHWEST OF THE BORDERS/BED BATH
AND BEYOND COMMERCIAL CENTER, IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON (VAC2004- 00001), AND DECLARING AN EMERGENCY.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040
of the Tigard Municipal Code on May 11 2004, and has been recommended by the Community
Development Department; and
WHEREAS, the approximate 4,387 square foot portion of the public right -of -way had previously
been dedicated to the public; and
WHEREAS, the applicant has requested that the City of Tigard vacate an approximate 4,387 square
foot portion of public right -of -way as described in Exhibits "A -1, A -2, A -3" and shown in
Exhibits "B -1, B -2, B -3" better known as SW 72 Avenue; and
WHEREAS, the said portion of public right -of -way is no longer necessary because of the
realignment of SW 72 Avenue in conjuntion with the new Bridgeport Village commercial center;
and
WHEREAS, the City will no longer have maintenance responsibility of this area; and
WHEREAS, all affected service providers, including utility companies and emergency service
providers, have reviewed the vacation proposal and have provided no objections, provided the
existing 50- foot -wide utility easement is extended to cover utility lines within the vacated area; and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all .
owners in the affected area, as described by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, notice of the public hearing
was posted in the area to be vacated and published in the newspaper; and
WHEREAS, the property owners of the majority of the area affected have not objected in writing;
and
WHEREAS, the City Council having considered the request on July 13, 2004, finds that it is in the
public interest to approve the request to vacate said public right -of -way as the public interest will
not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and
WHEREAS, the vacation of said public right -of -way is imperative to the success of the
redevelopment of the Durham Quarry site for the mixed -use "Bridgeport Village" project.
ORDINANCE NO. 04- 0 7 Page 1 of 2
is \curpin\mathew \VAC \VAC2004- 00001.ord (public hearing)
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 4,387 square foot
portion of public right -of -way as shown and described in the attached Exhibits
"A" and `B" (legal descriptions and maps of the areas to be vacated), and by
this reference, made part thereof
SECTION 2: An emergency is declared as the redevelopment of the Village Inn restaurant is
contingent upon the realignment of SW 72 Avenue and the relocation of the
Village Inn restaurant in a prompt manner to enable the Village Inn to reopen
at the earliest date possible; and the street vacation approved herein is
necessary to accommodate the realignment and relocation of these facilities;
therefore, this ordinance shall take effect immediately upon passage.
PASSED: By (A nQn /motto vote of all Council members present after being read by number
and title only, this /.3 day of �i�c , 2004.
J e McGarvin, Deputy City Recorder
APPROVED: By Tigard City Council this /3d ay of Le 2004.
rai Dirksen, Mayor
Approved as to form:
City Atto y
- 7/73/6q
Date
ORDINANCE NO. 04- a 7 Page 2 of 2
is \curpin\mathew \VAC \VAC2004- 0000l.ord (public hearing)
•
EXHIBIT A -I
L D � 3300 NW 211' Terrace
Hillsboro, OR 97124
P 503.858.4242
F 503.645.5500
DESIGN GROUP, INC. www.ldcdesign.com
"AREA NO. 6" March 15, 2004
Legal Description
A portion of the Northeast 1 /4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian,
County of Washington, State of Oregon, being more particularly described as follows:
Commencing at the 2 -Inch Brass Disk marking the East % Corner of Section 13, Township 2 South,
Range 1 West, Willamette Meridian; thence along the North line of the Southeast V< of said Section
13, N88 °50'31 "W, 1300.21 feet to the True Point of Beginning; thence continuing along said line,
N88 °50'31 "W, 47.81; thence leaving said line, along a line parallel with and 20.00 feet distant and
Westerly from the Centerline of S.W. 72' Avenue, N01 °39'53 "E, 27.25 feet; thence leaving said line,
along the arc of a 35.00 foot radius non - tangent curve concave to the Southwest, through a Central
angle of 41°46'45" (Chord bears S71 °21'03 "E, 24.96 feet) a distance of 25.52 feet to a point of
tangency; thence S50 °27'42 "E, 25.83 feet to a point of curvature; thence along the arc of a 18.00 foot
radius curve concave to the Southwest, through a Central angle of 16 °18'44" (Chord bears
S42 °18'26 "E, 5.11 feet) a distance of 5.12 feet to the North line of the Southeast'/ of said Section 13
and the True Point of Beginning.
Containing 846 Square Feet (0.019 Acres).
The Basis of Bearings is S88 °50'31 "E along the North line of the Southeast ' of Section 13,
Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487.
REGISTERED
PROFESSIONAL
AND S d' VEYOR
•REGON
JULY 11, 2000
CINDY A. HALCUMB
58928 LS
EXPIRATION 06/30/05
EXHIBIT A -2
3300 NW 211 Terrace
L D C Hillsboro, OR 97124
P 503.858.4242
F 503.645.5500
DESIGN GROUP, INC. www.ldcdesign.com
"AREA NO. 9" March 15, 2004
Legal Description
A portion of the Northeast Y4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian,
County of Washington, State of Oregon, being more particularly described as follows:
Commencing at the 2 -Inch Brass Disk marking the East % Corner of Section 13, Township 2 South,
Range 1 West, Willamette Meridian; thence along the South line of the Northeast ' of said Section
13, N88 °50'31 "W, 1282.84 feet; thence leaving said line, N01 °09'29 "E, 20.00 feet to the Southwest
Corner of that Tract of Land described in deed to Bridgeport Land LLC, recorded in Document
Number 97061240, Washington County Deed Records; thence along the West line of said Tract of
Land, NO1 °39'53 "E, 35.80 feet to the True Point of Beginning; thence leaving said line, N50 °27'42"W,
26.77 feet to a point of curvature; thence along the arc of a 35.00 foot radius curve concave to the
East, through a Central angle of 75°14'4T (Chord bears N12 °50'18 "W, 42.73 feet).a distance of 45.97
feet to a point of reverse curvature; thence along the arc of 471.00 foot radius curve concave to the
Northwest, through a Central angle of 13 °57'54" (Chord bears N17 °48'09 "E, 114.52 feet) a distance of
114.80 feet to the West line of said Bridgeport Land LLC Tract of Land; thence along said line,
S01 °39'53 "W, 167.81 feet to the True Point of Beginning.
Containing 2,965 Square Feet (0.068 Acres).
The Basis of Bearings is S88 °50'31 "E along the South line of the Northeast '/ of Section 13,
Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487.
REGISTERED
PROFESSIONAL
4 ND S,' VEYOR
iREG•N
JULY 11. 2000
CINDY A. HALCUMB
58928 LS
EXPIRA11ON 06/30 /05
EXHIBIT A -3
L D � 3300 NW 211' Terrace
Hillsboro, OR 97124
P 503.858.4242
F 503.645.5500
DESIGN GROUP, INC. www.Idcdesign_com
"AREA NO. 25" February 1 5, 2004
Legal Description
A portion of the Northeast '/ of Section 13, Township 2 South, Range 1 West, Willamette Meridian,
County of Washington, State of Oregon, being more particularly described as follows:
Commencing at the 2 -Inch Brass Disk marking the East % Corner of Section 13, Township 2 South,
Range 1 West, Willamette Meridian; thence along the North line of the Southeast 1 /4 of said Section
13, N88°50'31"W, 1348.02 feet to the True Point of Beginning; thence continuing along said line,
N88°50'31"W, 25.00; thence leaving said line, along a line parallel with and 45.00 feet distant and
Westerly from the Centerline of S.W. 72 Avenue, N01 °39'53 "E, 14.35 feet to a point of non - tangent
curvature; thence leaving said line, along the arc of a 35.00 foot radius curve concave to the
Southeast, through a Central angle of 47 °34'30" (Chord bears N63 °58'19 "E, 28.23 feet) a distance of
29.06 feet to a point of non- tangency; thence along a line parallel with and 20.00 feet distant and
Westerly from said Centerline, S01 °39'53 "W, 27.25 feet to the True Point of Beginning.
Containing 576 Square Feet (0.013 Acres).
The Basis of Bearings is S88 °50'31 "E along the North line of the Southeast 1/4 of Section 13,
Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487.
REGISTERED
PROFESSIONAL
AND S RVEYOR
SWEIrA
OREGON
JULY 11, 2000
CINDY A. HALCUMB
58928 LS
EXPIRATION 06/30/05
EXHIBIT B-I 4
VICINITY MAP
(NOT TO SCALE)
S W��yq_c W T1 . 4:: .
W MA Y S I Z
!..."
Jk ST ? Q
3 SW LOWER 1"=100'
t,
-,W1, , J) BOONES
� Al R ti,, FERRY RD COUN�RE N
m o� VIEW ACRE
9
13 32 33
13 I 1 1 ui
FOUND 44" IRON PIPE FOUND 'BRASS
RECOGNIZED CENTER DISK IN ON BOX
OF SECTION 13 1 BASIS OF BEARINGS - SN 2948 EAST 1 CORNER
/ ". S88' 0 N 2 56., 8'
N.—. OF SEC ON 13
/ C� • I \
\
6J I���� / / /..� N 8 8 50'31 "W 1300.21'
�P_O.B JEAN ROAD
I \
t
82- AREA —
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7
. 846 SF
/ I (0.019 AC)
TUA LATIN /
VALLE / /
. HOMES / I /
/
I
83 / Z /
I
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/ 2 7 '
7
I Ek(tVZ ----------
\ � Ze TABI E REGISTERED
LIN LENGTH BEA RING PROFESSIONAL
>0 LI 4781' N885 `W 0'31 ND S . RVEYOR
\ / L2 27.25' NO139'S3 "E � j�� L3 25.83' 55027'42 "E �..'�� WI, T
\ Z; OREGON
CURVE TABLE J JULY 11. 2000
NO LENGTH RADIUS DELTA CHORD BEARING CINDY A. HALCUMB
// Cl 25.52' 35.00' 4146'45" 24.96' S7171 '03"E 589 28 LS
C2 5.12' 18.00' 16'18'44' 5.11' S42'18'26 "E EXPIRATION 06/30/05
t
NM= Mt
[ (1
OPUS NORTHWEST C AREA NO. 6 2751
�— - �� -��►� JJ ` Sury� _ JN_I}HE_NORIHEAS?1/A_O SSnoN,3_
PORTLAND. OREGON 97205 Goua the T. 2S. , R. 1W., W.M.
(503) 916-8963 HI 3300 BORO, ORES 97`1244 WASHINGTON COUNTY, OREGON 1
PHONE:003) 858 -4242
P wwJdedesIgn eom 27515415.0940 3/16/04 CAN 1.1
•
EXHIBIT B -2
F WCINITY MAP (NOT TO SCALE)
d 4% 'SI SW q ' / TE
� =100'
a
c tct 7 �'ST Y f- Z
d N
3SW LOWER
3 w j 9 0 BOONES
�0 '3 �y FERRY RD Z
o Q RA
1 C3 /RELINQUISHED
�( PER DOC. NO.
COUNCIL A GRES 84034659 P .G.
VIEW ' .
I , 31 32 33 �Q � 34
12 11 � gRIDGEP0 CT S' cp LAND
FOUND 44" IRON PIPE /� :r) DOC
RECOGNIZED CENTER / � o ^ I 97p6t240 FOUND 2" BRASS
DISK IN MON BOX
OF SECTION 13 4 � y AREA EAST 1/4 CORNER
5027'42"W 2,965 SF OF SECTION 13
26.77 4 (0.068 AC)
NCI39153 "EI P.O.B. I
35.80'
JEAN ROAD)
r N01'09 29 "E
20.00' \ Z-7— .
. N N88 50'31 "W 1282.84' - 7 -
/ - BASIS OF BEARINGS - 29487/ /
/ I S8850'31 "E 2656.38' I 7 Z
/ I .
I //
I /
A ( . -
P Q 7 REGISTERED
�0 PROFESSIONAL
4,'?' r0 / - LAND ; RVEYOR
I
\0
OREGON
/ -- � � i CURVE TABLE CINDY
JULY A �H ALCUMB
NO LE NGTH RADIUS DELTA CHORD BEARING 58928 LS
/ C1 45.97' 35.00' 7514'47" 42.73' N12 50'18 "W
C2 114.80' 471.00' 1357'54" 114.52' N1748'09 "E EXPIRATION 06/30 /05
N !
(,.,aa 1 Ni 010.1•111111117 1 sw.
OPUS NORTHWEST LAC E „ AREA NO. 9 2751
-1000-SW- BROADWAY,-SIITE-1130 JN_IHE NORIHFAST 1/4 OF SECTION 13
PORII -
oµ ��a
MID; OREGON 97205 T . 2S., R . 1W ., W
(503) 915 -8963 HII
3300 LSBORo. �i2 WASHINGTON COUNTY, OREGON 1
PHONE(603) 858 -4242 a
FAX(503) 645 -5500 27515M.DI 1 3/t5, 4 GM
}
EXHIBIT B -3
VICINITY MAP %
(NOT
TO SCALE) I I I -- fi-- Lu &� 118
C Sw 'Pati -9�
ct ct F 7NOLAY SI Z 5
Q I
1 "
J ST � Q pR , =100'
0 3 SW LOWER
I # En BOONES CIL I
4 c( ti \s FERRY RD C CDA C RES
m oF 7� VIEW
N.
'V? 31 32 33
I
13 I 12 11
FOUND 4/4" IRON PIPE FOUND 2" BRASS
RECOGNIZED CENTER DISK IN MON BOX
OF SECTION 13 BASIS OF BEARINGS — SN 29487 EAST 1/4 CORNER
S88 E 2656.38' OF SECTION 13 X
/ C� N
N
eiJ A I j. N88 50'31 "W 1348.02'
Lying JEAN ROAD
82 .O.B.
7
/ - AREA
TU ALATIN / I (0.013 SF \
(0.013 AC) /
VALLE / .
HOME / - I \
83 / Z 7
( ..
Z Z
l F'-' Z.c'e
\ 0
Q LINE TABLE
Z Gv / LINE LENGTH BEARING REGISTERED
LI 25.00' N8850'31"w PROFESSIONAL
\
Vc.,\- 14.35' N0139'53 "E , AND , RVEYOR
13 27.25' S0139'S3 "W
0' EGON
CURVE TABLE JULY 11. 2000
/ CINDY 8 8 HALCUMB
X \ NO LENGTH RADIUS DELTA CHORD BEARING 58928 LS
EXPIR
Cl 29.06' 35.00' 47'34'30" 28.23 N63
63 58'19 F ATION 06/30/05
ammo Tie ` AN NU
OPUS NORTHWEST LDC ng ren AREA NO. 25 2751
1000 SW BROADWAY, SUITE 1130 Surveyors IN THE NORTHEAST 1/4 OF SECTION 13
PORTLAND, OREGON 97205 Design GrouR Inc T. 2S. R. 1W., W.M.
(503) 916 -8963 3300 N.w- 211m TERRACE .ten
HILLSHORO. OREGON 97124 WASHINGTON COUNTY, OREGON 1
PHONE(503) 858 -4242 s
fAX (503) 645 -5500
275156252SG 2 / 15 /tx CAN l 1