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Ordinance No. 92-22 CITY OF TIGARD, OREGON ORDINANCE NO. 92 - .2 2 AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW GREENBURG ROAD, AT THE NORTHEAST CORNER OF THE INTERSECTION OF SW GREENSURG ROAD AND SW CENTER STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on May 26, 19921t and WHEREAS, This portion of SW Greenburg Road 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 a portion of SW Greenburg Road that is no longer needed because access is available to all abutting properties; and WHEREAS, the vestee of this property, Mrs. Margaret Davis, supports this vacation; and WHEREAS, the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and . WHEREAS, the City of Tigard (Grantor) has signed an agreement for negotiated settlement for purchase of property rights for the Greenburg Road Realignment Project parcel two, which is the impetus for this vacation request; and %MREAS, all affected service providers, including utility companies and emergency services, have reviewed the vacation proposal and have no objections; 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 nn hAA +-I- A®�nrAmv- WHEREAS, in accordance with TMC i'.uv.vz.. 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 July 14, 1992, finds that it is in the public interest to approve the request to vacate that certain portion of public street right-of- way for SW Greenburg Road because the public interest will not be ( ORDINANCE NO. 92-dam \_ Page 1 prejudiced by the 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 1z 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 (map of area to be vacated), Exhibit B (November 1, 1990 agreement between City of Tigard and adjacent land owner) , and Exhibit C (legal description of area to be vacated) and by this reference made part hereof. SECTION 2: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council, approval by the Mayor, and after a certified copy of this ordinance has been recorded with the Washington County Clark, Assessor, and Surveyor. PASSED: By J—A,11 rt U/ vote of the Council members present after being read by number and title only, this 14th day of July. 1992. Catherine Wheathy, City Rec rder APPROVED: This day of , 1992. i Gerald R. Edwards, Mayor Approved as to form: e<<•G• City Attorney V�,l1y1�2 Date rp\davis.ord i ORDINANCE NO. 92-�2 1 Page 2 4 EXHIBIT A Nib 1/4 SE 1/4 SECTION 35 T1 S, R1 W, W.M. i CITY OF TIGARD, WASHINGTON '%'..OUN T Y, OREGON 1 SCALE 1"=20' I 00STING ROW UNE �.I F EXISTING BUILDING DESCRIBED--- AREA EXISTING ROW UNE EW ROW UNE Gj TP00 CSS EXISTING ROW UNE I rFand PCB AREA '70 A®,= V VACA reD AS PeR ,p� A770RetEY's A64EEA FAIT CRLV CORRIGAN �y r l� ATTORNEYS AT UW Q {AS COUNTY OMCE T g. RACHGAN• �iaV �w N W WRIGHT G 181 N.GM4 Suite 202 .ted "���� ) 47013 Canby. STEPHEN F.CREWn4�47209 ;S"3)2_�_1149 ; Rum P.HASTINGS t :icL'uAa!A.MONAHAN �jt�� IVEPHONE: (503)=4402 MARK p OMONNELL FAX:(S03)243-2944 JAM M.COL-MAN DERKM M.11°.A'IELSON W KENNM M.ELLIORT Y 1TMOMY Y.RANTES FW=RMx 90 FORUAND OFFM GARY M.GEORGEFF• '- SHMM G III WWAY• ROW RT I McGAUGHW WBJJAM J.STALNAKER Spada c umad aATOv�mbeY'c3 0:�199D�i�� e /1t�e neatma a ps�los �' to VAN®t WS&hV- �r 100A PIP Margaret is � � c/o Roger erson, Esq. 8865 s.W enter St. P.O.. B 23006 Tig , OR 97223 e: �3a Bement for Negotiated Settlement for Purchase of property Rights for the Greenbu ct Road Rea ent prniect Parcel-2 Dear Ms. Davis: The City of Tigard is planning the construction of .the above- captioned project. As you are aware through our discussions, property you own will be affected by this project. A Warranty Deed and Temporary Construction Basement will be necessary in order to give the City of Tigard the legal right to complete the construction of the street. In exchange for executing the documents and granting the above rights, and subject to approval, the City of Tigard agrees to the following: 1. To compensate you, in full, for the Warranty Deed and Temporary Construction Easement in the amount of $1,835.,00, including paving and curbing mentioned below, 2. To clean up the construction debris at the conclusion of the project and replace asphalt paving, which is removed to accommodate the street construction work, located in the area with the temporary easement to the back edge of the new sidewalk. 3. To terminate the edge of the new sidewalk no closer .than one foot away from the foundation wall at the end of the existing building facing Greenburg Road. 4. To convey to Ms. Davis by Bargain and Sale Deed, all of the City of Tigard's interest in that portion of the EXH1131T UDOl'dk[.4 RA,,MIS, CREW&CORRIGAN tP Ms. Margaret Davis November 1, 1990 Page 2 ' existing S. W. Greenburg Road right-of-way which is located north of a line drawn 0.5 feet north of the back edge of the new sidewalk, which shall include that portion within 1.0 feet of the foundation wall of the existing building on the end of the building facing S. W. Greenburg Road, with said legal description to be determined by a survey performed by the City of Tigard at the completion of the S. W. Greenburg Road Project and thommacation,,and-otransfer•-ofhwtitle,:�tovsa - property toga v�g Daws .to.�be.*compl eted,.<before-July:-a—A4 9R. The City of Tigard will initiate vacation of this portion of its interest in the existing S. W. Greenburg Road right- of-way. However, the City of Tigard's obligation to convey such interest remains contingent upon the final approval of such proposed right-of-way vacation. The City of Tigard further agrees to take reasonable steps necessary to assist Mss. Davis in obtaining clear title to the described property in the event that any other interests in or claims to said property appear. 5. To construct an extruded ctarb approximately 3 feet north and parallel to the back edge of the new sidewalk adjacent to the existing parking lot behind Ms. Davis' existing building. The total_ compensation for the above is $1,835.00. Payment will be made in approximately 30 days. Thank you .fcr your cooperation with the City. Sincerely yours, O' EIS,, FtAMIS;�T a CORRIGAN Vh Ke o KME/RPH/smc aa+ ma..Lw Street Vacation A tract of land locates: in the N.W. 1/4 of the S.E :,A of Section 35, Township 1 South, RaIige 1 West, Willamette Meridian, City of Tigard, County of Washington, Oregon, more particllarl_y described as follows: Beginning at a point on the North right-of-way line of S.W. Greenburg Road intersecting the North right-of-way line of S.W. Center Street; thence along the North right-of-way line of S.W. Greenburg Road as defined by County Survey number 24,103 and recorded in said County Land Surveyor's office, North 45145152" West, 16.3 feet to a point 1.00 feet when measured perpendicular with the existing building foundation, said paint being the TRUE POINT OF BEGINNING; thence South 52038' East, 9.33 feet to a point; thence North 370 561 East, 28.9 feet to psi nt; thence North 52° 381 West, 5.34 feet to a point on the North right-of-way line of S.W Greenburg Road, the three previous calls being parallel with and one foot south, east and north of the existing building foundation; thence along the North right-of-way South 45145°52" East, 29.2 feet to the point of beginning. 'k EXH T 3 j 1 I !