Ordinance No. 98-08
CITY OF TIGARD, OREGON
ORDINANCE NO. 98- D'~
AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 263 SQUARE FEET
OF A PUBLIC UTILITY EASEMENT WITHIN LOT 12 OF "72ND BUSINESS CENTER".
WHEREAS, the Tigard City Council initiated this vacation (Resolution No. 98-06) request pursuant to
Section 15.08.040 of the Tigard Municipal Code at a public hearing held on February 10, 1998; and
WHEREAS, in 1979, a building permit was issued for the construction of the building; and
WHEREAS, in 1978, a Site Development Review (SDR 33-78) approval was granted to allow the
construction of the building; and
WHEREAS, in 1977, a Subdivision (S 9-77) approval was granted to allow the recordation of the "72nd
Business Center" subdivision plat; and
WHEREAS, a utility easement had been granted with the platting of "72nd Business Center" in 1977; and
WHEREAS, a Zbne Change (ZC 5-76) was granted for a general plan and program of a commercial -
office park planned development; and
WHEREAS, the zone change had a condition that stated the setback from SW 72nd Avenue be 40 feet with
a 10 foot intrusion allowable for no more than 1/3 of -the lot width, if no other feasible option is available;
and
WHEREAS, the 1976 zone change amended a 1974 zone change; and
WHEREAS, in 1974, a Zone Change (ZC 2-74) approval was granted to change an R-7 Residential zone to
an M-4 Industrial Park zone; and
WHEREAS, when the building was constructed the footing of the building encroached slightly more than
two (2) feet into the utility easement; and
WHEREAS, the eave of the building overhangs approximately four (4) feet into the utility easement; and
WHEREAS, the petitioner is requesting that the City of Tigard vacate an approximately five (5)-foot by
approximately 53-foot portion of the easement which the building and overhang affects; and
WHEREAS, the vacation was initiated by the City Council and approval has been recommended by the
Community Development Department; and
WHEREAS, all affected service providers, including utility companies and emergency service providers,
have had the opportunity to review the vacation proposal and have no objections; and
ORDINANCE NO.98- Q is\curpln\wiil\vacfirl2.ord
Page # of # Will D. 9-Mar-98 4:17 PM
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the
affected area, as required by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the
area tc be vacated and published notice of the public hearing; and
WHEREAS, the property owners of trP majority of the area affected have not objected in writing; and
WHEREAS, the City Council having considered the request on March 24, 1998, 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 be ORS 271.120 and TMC Section 15.08.130.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation an approximately 263 square foot
portion of a public utility easement within lot 12 of the "72nd Business Center", as more
particularly described in Exhibit "B".
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the
Mayor, and posting by the City Recorder.
PASSED: By (,l n G,0l`MI0uS vote of all Council members present after being read by number
and title only, this c~ ~l day of f _1 CAh 1998.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of CUA ,1998.
kJo~_ayor
Approved as to form:
City Attorney
Date
ORDINANCE NO.98- is\curpln\wil1\vacfirl2.ord
Page # of # Will D. 9-Mar-98 4:17 PM
+
EXHIBIT A
HI®IT
PROPOSED EASEMENT VACATION S.W VARNS.. ROAD (C.R. 12+36)
SHROYER RANCHES
TIGARD. WASHINGTON CO., OREGON - °
JANUARY 21, 1998
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EXHIBIT 1
WESTLAKE
CONSULTANTS INC.
cNGl~+Ec3l.JG ® SL'RVEIzING + PLANNING Phone: 503 684-0652
Fax: 503 624.0157
Shroyer Ranches, Inc.
Partial Easement Vacation
Project No.: 1209-01-97
January 17, 1998
PROPERTY DESCRIPTION
A tract of land situate in the SE 1/4 of Section 1, T. 2 S., R. 1 W., W.M., located within
Lot 12, "72nd Business Center", Plat Book 40, Page 2, City of Tigard, Washington
County, Oregon, being more particularly described as follows:
Commencing at the southwest corner of said Lot 12;
thence, along the south line thereof South 89°18'00" East 30.00 feet to the easterly line of
a 30-foot wide easement for "Utility, Storm Drainage & Pedestrian Way" per said Plat;
thence, along said easterly line North 0°42'00" East 52.68 feet to the True Point of
Beginning;
thence, leaving said line North 89°18'00" West 5.00 feet;
thence North 0°42'00" East 52.50 feet;
thence South 89°18'00" East 5.00 feet to a point on said easterly line;
thence South 0°12'00" West 52.50 feet to the True Point of Beginning.
Containing an area of 262.5 square feet, more or less.
Bearings based on `'72nd Business Center'. Plat Book 40, Page'-). - +r E.0
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EMIT D
CITY OF TIGARD, OREGON
RESOLUTION NO. 98- 0(0
A RESOLUTION INITIATING THE VACATION OF AN APPROXIMATELY 263 SQUARE
FOOT PORTION OF A PUBLIC UTILITY EASEMENT WITHIN LOT 012 OF THE "72ND
BUSINESS CENTER", PLAT BOOK 40, PAGE 2, CITY OF TIGARD, WASHINGTON
COUNTY, OREGON.
WHEREAS, the public utility easement was originally dedicated to the public with the platting of the
"72nd Business Center" in 1977; and
WHEREAS, a building was constructed on the lot in 1980; and
WHEREAS, the footing of the building encroaches slightly more than two (2) feet into the easement
with the eave overhanging approximately four (4) feet into the easement; and
WHEREAS, it does not appear that utilities have been constructed within the area of the building; and
WHEREAS, the petitioner, Marty Dirks, is requesting that the City of Tigard initiate vacation
0 proceedings to vacate a five (5)-Foot by approximately 53-foot portion of the easement that the building
and overhang affects; and
WHEREAS, the public utility easement may no longer be necessary; and
WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for the requested
vacation.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Tigard City Council initiates a request for the vacation of an approximately
263 square foot portion of a public utility easement within lot 912 of the "72nd
Business Center", as more particularly dcscribed in "Exhibit A" and "Exhibit B".
Section 2: A public hearing is hereby called to be held by the Tigard City Council on
Tuesday. March 24, 1998 at 7:30 PM in Town Hall at Tigard City Hall, 13125 SW
Hall Boulevard, within the City of Tigard, Oregon. at which time and place the
Council will hear any objections thereto, and any interested person may appear
and be heard. for or against, the proposed vacating of said public utility easement.
RESOLUTION NO.98- V initywide resWa6rip.int
PAGE 1 OF 2 WD 29-tan-989:24 Aft
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Section 3: The City Recorder is hereby authorized and directed to cause to have published in
the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice
of said hearing, the first publication to be on March 5, 1998 and the final
publication to be on March 12, 1998, The Recorder is further directed to cause to
have posted within five (5) days after the date of first publication, a copy of said
notice at, or near, each end of the area proposed to be vacated.
Section 4. The particular public utility easement to be vacated is shown on the attached
"Exhibit A" and "Exhibit B" and by reference, made a part hereof.
PASSED: This -day of 1 98.
Mayor - i . C,
igard
ATTEST:
City Recorder - City of Tigard
/)i~I l
Date
RESOLUTION NO. 98- U'V is\citywide+res\vactulp.int
PAGE 2 OF 2 WD 294an-989:24 AM
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