Ordinance No. 92-09 CITY OF TIGARD, OREGON
ORDINANCE NO. 92 - Oq
AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WAY LOCATED ON A
PORTION OF SW CORAL STREET, IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON✓ n nd GWt
Cczrn ea1�.c�d �
nc;l
WHEREAS, the Tigard City Council initiated this vacation request Coy
pursuant to Section 15.08.040 of the Tigard Municipal Code on
January 14, 1992; and
WHEREAS, This portion of SW Coral Street is a dedicated public
right-of-way, giving the public rights over the land for street and
utility improvements; and
WHEREAS, the purpose for this vacation is to vacate an unimproved
portion of SW Coral Street that is no longer needed because access
is available to all abutting properties; and
WHEREAS, the vestee of this property, Progress Graphics, Inc.
supports this vacation; and
WHEREAS, the vacation has been initiated by the City Council and
has been recommended by the Community Development Department; and
WHEREAS, the City of Tigard (Grantor) has granted a revocable
easement which conveys to Progress Graphics, Inc. (Grantee) the
right, privilege, and authority of Grantee to construct and install
improvements approved in City of Tigard Community Development file
No. SDR 91-0011 along the full width and length of the area of this
vacation;, and
WHEREAS, Columbia Cable has requested that the City retain a
utility easement within the area to be vacated; and
WHEREAS, all affected service providers, including utility
companies and emergency services, have reviewed the vacation
proposal and have no objeceions; 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
II WHEREAS, in accordance with TMC 15.08.040, the Recorder posted
notice in the area to be vacated and published notice of the public
hearing; the owners of the majority of the area affected have not
objected in writing; and
WHEREAS, the Council having considered the request on March 24,
1992, finds that it is in the public interest to approve the
ORDINANCE NO. 92-0c1
Page. 1
` REAM RECORDED DOCUMRU TO:
CITY RECORDER, TIGARD
Pb BOX 23397
TIGARD OR 97223
:request to vacate that certain portion of public street right-of-
way for SW Coral Street because the public interest will not be
® pro,j uui�:Gu by Vtte vacation as provided by ORS 271.120 and TMC
section 15.08.130
NOW THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby orders the vacation
of that certain portion of public street right-of-
way, as described on the attached Exhibit A
(vicinity map) , Exhibit B (revocable easement),
Exhibits C (legal) and D (map of area to be
vacated) and by this reference made part hereof.
SECTION 2: The Tigard City Council further orders that the
vacation be subject to the following conditions:
1) A utility easement be granted for the entire
portion of the vacated area except that
portion which is within the footprint of the
existing building.
2) The revokable easement, which was granted by
the City shall be extinguished simultaneously
with the recording of this street vacation.
SECTION 3 T a dL l s c L•_ _
L•l' i.L� sJ.�de after i enaetimen-
i.L
i La
bJ h tv cSYl =-_
gerveyer••
PASSED: By vote of the Council members
present after being read by number and title only,
this 24th day of March. 1992.
�eatl���,
CatherineWity ecorder
APPROVED: This day of d r�'Z/1 1992z
'�Jhn SGhwa�t- C(xx/��lC �reSit�8M7�'
( ORDINANCE NO. 92-�
Page 2
Approved as to forma
,, , n,
City At/ rney
/aLl1ga-
Date
rg\coral.ord
ORDINANCE NO. 92
Page
I z
old
- �IA
I-Ti L
04
w --
as o N
` dC.r. .Q
C14
C7 air vi
Lfj
1
EASEMENT
KNOW .ALL MEN BY THESE PRESENTS, that the City of Tigard, a
municipal corporation ("Grantor") in consideration of the sum of
$1.00 and other property or value given which is part of the
consideration, conveys to Progress Graphics, Inc. , an Oregon
corporation ('Grantee") a perpetual easement over and along the
full width and length of the premises described as follows, to wit:
1. Legal description is set forth in Exhibit "A" attached
hereto, and incorporated by reference herein; and
2. A map of the above legal description is set forth in
Exhibit "B" and incorporated by reference herein.
The terms, covenants, and conditions of the easement are as
follows:
1. The easement shall be for the right, privilege, and authority,
of Grantee to construct and install improvements approved in City
of Tigard Community Development file No. SDR 91-0011.
2. In the event the easement is not used by Grantee for a period
of three (3) years or is abandoned by Grantee, then it shall revert
back to the Grantor, its successors and/or assigns, and Grantee
shall upon request execute a recordable document evidencing such
reversion.
3. Grantee shall defend, indemnify and hold harmless Grantor, its
successors and/or assigns, from loss, claims or liability of any
nature, including injury to person or property, arising in any
manner out of use of the easement by Grantee, its agents, employees
or subcontractors. Grantee assumes all risk arising out of its use
of the easement and Grantor shall have"no liability to Grantee or
others from any condition existing thereon.
4. Grantee, upon the initial installation, and upon each and
every occasion that the same be repaired, replaced, renewed, added
to, or removed, shall restore the premises of the Grantor, and any
improvements disturbed by Grantee, to as good condition as they
werepriorto any such work, including, but not limited to, the
restoration of any topsoil, lawn, and nursery stock of like kind
and quality, subject to reasonable substitution as may be
necessitated by obstruction or interference with the use granted
herein. Grantee further agrees to maintain `the easement at its
expense.
• 1 = EASEMENT
}
5. This easement is revocable by Grantor upon written notice
delivered to Grantee at the following address;
Progress Graphics, Inc.
c/o Robert F. Blackmore
Dunn, Carney, Allen, Higgins & Tongue
851 S.W. Sixth Avenue
Portland, Oregon 97204
6. Within 180 days after the date of written notice of
revocation, the Grantee shall remove all iraprovements within the
premises described in Exhibit "A," and restore the premises to its
original condition subject to satisfaction of Grantor.
7. This easement is granted subject to all prior easements or
encumbrances of record.
8. Grantee acknowledges that any improvements made in this
easement are made at Grantee's risk and removal of said
improvements shall be at Grantee's cost.
9. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES..
IN WITNESS WHEREOF the undersigned Grantor has executed this
easement, this day of ' ����t �-� , 1992.
CITY OF TIGARD, a municipal
corporation
Grantor•
2 - EASEMENT
E'xrS;btr ��
STATE OF OREGON }
}ss.
County of�1,C��,t �:A }
ij
On this a 1. day of 1992, before me, a
a y public in_and fox said Co my and St e, personally appeared
I� known to me to be the person whose a
name subscribed to the ithin instrument and acknowledge that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
on the day and year above written.
Y PUBLIC OF QREGON ,,._
(NOTARIAL SEAL) idy Commission expires• .� IU�7�
APP�20VED AS TO �r.�,,.i THIS LEY
ta NOTi„iY PU��I+;•0?EGON
DAY OF e �. 1992. COIAMISSION NO.006M
My r
N EXPIRES MAY a 1993
4Tithy V. R mis, City Attorney
City of Tigard, Oregon
APPROVED AS TO LEGAL DESCRIPTION
THIS 7A DAY OF __. 1992
City Engineer
City of Tigard, Oregon
ESTER 'TO
City ecorder Date
AFTER RECORDING, RETURN TO:
Progress Graphics, Inc.
c/o Robert F. Blackmore
Dunn,- Carney, Allen, Higgins & Tongue
851 S.W. Sixth Avenue, Suite 1500
Portland, Oregon 97204
3 - EASEMENT
E imrr "r\"
along the tlortlt line of Lot 6 , Block C, LEHMAN
A 5 foot strip the Cit ' of Tigard, County of Washington, State
ACRE TRACTS, in a distance of
of Oregon, described as follows: beginning
t ortYl rlyp
e north
the northwest carnet of said lot;
5 feet to a pint; thence easterly and parallel
of an eixtehsion
line of said lot to a paint which hence southerly a distance of
oaf the east lot lice of said lot;
a point which is the lineacornerst o
of saidlottosaid the point
g feet to
thence westerly' along the north to
of beginning.
4
9
�,.
ro-
•
T . SZ
BBI LD ING : ENCOA.0 NT W. B .AssIMS x Va.
ENGIN. S
4230 N.E. FREMONT ST.
t ` PORTLAND OREGON 97213
� ` PHONE s f 1503) 204-8896
FTSKIF
RESOLveo: R.M.
12EGigEDDRAWN: R.T.
P�tQFE_ a�ry°L � JO® No. sl-2,o
LAND SURVEYOR
Z
N
i
lzu
JULY/8,:460 QAVID W. MILLS
01915
®Ofd/�Z
MOTE:
I5A5EQ ON C5-11417
MO L 1 A8 I L ITT TAICIrN FOR
ACCURACY OF 5AIV SURVEY.
. b+N
�. SW CORAL ST .
y r :GONG ATE 51QEWALI4: r r �_:°. ..;:"
_ 4a5—
— 5' t'ROFOSi<Q 5' EASEMENT —
9 2.5'
1
TAX LOT 4601
BUILDING
MAP 15 1 26 QC "0GRE35'QRAPN1C5 D
d
EXHIBIT "C"
LEGAL DESCRIPTION OF AREA TO BE VACATED
A 5 foot strip along the north line of Lot 6, Block C, LEHMAN ACRE
TRACTS, in the City of Tigard, County of Washington, State of
Oregon, described as follows: beginning at a point which is the
northwest corner of said lot; thence northerly a distance of 5 feet
to a point; thence easterly and parallel with the north line of
said lot to a point which is 5 feet north of an extension of the
east lot line of said lot; thence southerly a distance of 5 feet to
a point which is the northeast corner of said lot; thence westerly
along the north lot line of said lot to the point of beginning.
RETAINING FOR PUBLIC UTILITY EASEMENT PURPOSE; the above described
tract excepting therefrom that area within the footprint of the
existing building.
1
F_
I
LO ,
T 6 BLOCK "C LEHMAN ACRE TRACTS
NW 1 /4 SE 1 /4 SECTION 35 T1 S, R1 W, W.M. +�
CITY OF _ TIGARD, WASHINGTON COUNTY; OREGON I
SCALE 1"=30'
I
i
i
m .
sd- S.W CORAL ST.
NE
W PR
OPOSED R
w
U
NE
;...
� •.CRFTE._. •1k •,�-�"'� '.�, mi"-'�',�"4,i., ''a�,v: ,�'y ;'F ''K'•i: .i.�..•''.c...k,pr^^• i
PROPOSED 5' VACATION
5' EXISTING R/W LINE 2.5'
BUILDING
(PROGRESS GRAPHICS) 4
I:
f