Resolution No. 82-70 1
CITY OF TIGARD, OREGON
RESOLUTION NO. 82-20-
A RESOLUTION CONCERNING VACATION OF A PORTION OF S.W. 72nd AVENUE,A 60
FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON.
WHEREAS, the area described on the attached sheet headed "Exhibit A"
and by this reference made a part hereof, is a currently used street ded-
icated to the public for highway purposes; and
WHEREAS, the area described on said Exhibit "A" lies within the
corporate boundaries of the City of Tigard, Oregon; and
WHEREAS, after the realignment as constructed by L.I.D. 21 - S.W.
72nd Avenue Area Street Improvements, said described area will not serve
a public highway purpose and is so situated as to be of no usefulness in
the future as part of the public street system of the City but, existing
public services utilities lie therein; and
WHEREAS, it appears to be in the public interest that the said area
be vacated and restored to the tax rolls and made available for private use,
reserving therein a public easement over the entire area for said existing
�. and possible future public service utilities; and
`$ WHEREAS, pursuant to Chapter 271.130 ORS, vacation proceedings as
authorized in Chapter 271 ORS.
NOW, THEREFORE,
BE IT RESOLVED by the City Council of Tigard as follows:
(1) "That the public hearing is hereby called to be held by '' a City
Council of Tigard on Monday, August 23 , 1982 at Fowler Junior High
School Lecture Room, 10865 S.W. Walnut Street, within the City of Tigard,
beginning at 7:30 P.M., at which time and place the Council shall hear
any objections thereto, and any interested person may appear and be
heard for or against the proposed vacating of said lands.
(2) "That the City Recorder be, and she is hereby, authorized and
directed to cause to have published in the Tigard Times, a newspaper
of general circulation in the City of Tigard hereby designated for such
purpose, a notice of said hearing in the form hereto attached and by
this reference made a part hereof, the first publication to be made
on the 22nd day of July 1982 and once each week thereafter for
five publishings in all."
P9CTrUSt
RESOLUTION No. 82-70
1
"The Recorder be, and she is hereby, further directed to cause to have
posted within five (5) days after the date of first publication, a copy
of said notice in the form hereto attached, at or near each end of the
area proposed to be vacated, and in addition, the Recorder shall post
a copy of said notice in at least two (2) conspicuous places within
the area proposed to be vacated, all of said postings to be accomplished
within the time herein stated."
(3) "That the particular portion of dedicated street proposed to be
vacated is described on the attached sheet headed "Exhibit A" and by
this reference made a part hereof."
(4) "That a public easement(s) shall be reserved therein to provide for
existing and future possible utilities."
(5) "That the effective date of the vacation ordinance shall not be
earlier than the date of final completion and acceptance of L.I.D.
21 - S.W. 72nd Avenue Area Street Improvements."
(6) "That the vacation ordinance shall not be effective until such
time as other right-of-way under the control of Pacific Realty Trust,
and necessary for the improvement of the 72nd Avenue project, is ded-
icated to the City of Tigard at no cost to the City."
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PASSED: By Council on the day of 1982
mayor
ATTEST::
1
ecor er
RESOLUTION NO. 82-76
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EXHIBIT "A"
A tract of land being a portion of County Road No. 922 and County Road No.
A-138, in the Northeast P. of Section 13, T.2S., R.1W., W.M., City of
Tigard, Washington County, Oregon more particularly described as follows:
Beginning at the point of intersection of the southeasterly right-
of-way of S.W. Upper Boones Ferry Road (County Road A-138) .(60 feet
wide) and the easterly right-of-way of S.W. 72nd Avenue (County
Roag No. 922) (40 feet wide) sai$ point of beginning also lies
S 0 00'09" W 46.44 feet and S 89 59'51" E 20.00 feet from the
point of beginning of County Road No. 92g (shown as point No. 289
on County Survey No. 19,127); thence S 0 00109" W along the east
right-of-way of said County Road No. 922, 481.820 feet to a point
of curve; thence northwesterly along a 480 foot radius curve to
the left through a central angle of 28057'18" (chord bears N 14028130" W
240.00 feet) 242.573 feet to a point on the westerly line of the
widened S.W 72nd Avenue (40 feet at right angles to centerline);
thence N 000'09" E along the westerly line of said widened right-
of-way 81.45 feet to a 3/4-inch iron pipe with Washington County
Survey Plug; thence northewesterly along a 25 foot radius curve to
the heft through a central angle of 131 18'27" (chord bears
N 65 39'04" W - 45.55 feet) 57.294 feet to a 3/4-inch iron pipe with
a Washington County Survey Plug, thence 9 39023'32" E in a straight
line 129.05 feet to a point that is S 61 44153" E 40.00 feet from
the revised centerline og S.W. Upper Boones Ferry Road and S.W.
72nd Avenue; thence S 61 44'53" E 22.26 feet to the Point of
Beginning of the tract herein described.
Contains 16,383 Square Feet more or less.
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�. CITY OF TIGARD
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF A PORTION OF S.W. 72nd AVENUE,A 60 FOOT WIDE DEDICATED
PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
Pursuant to resolution No. 82-70 of the City Council of Tigard, adopted July
12, 1982, under authority of Chapter 271.130 Oregon Revised Statutes, a public
hearing will be held by the Council of Tigard at 7:30 P.M., on Monday, August
23, 1982, at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street,
Tigard, Oregon with respect to the proposed vacation of the following described
portion of S.W. 72nd Avenue a dedicated public right-of-way in the City of
Tigard, Wash;ngton County, Oregon.
"EXHIBIT A"
DESCRIPTION
A tract of land being a portion of County Road No. 922 and County Road No.
A-138, in the Northeast 4 of Section 13, T.2S., R.1W., W.M., City of
Tigard, Washington County, Oregon more particularly described as follows:
Beginning at the point of intersection of the southeasterly right-
of-way of S.W. Upper Boones Ferry Road (County Road A-138) (60 feet
wide) and the easterly right-of-way of S.W. 72nd Avenue (County
Roag No. 922) (40 feet wide) sai$ point of beginning also lies
S 0 00'09" W 46.44 feet and S 89 59'51" E 20.00 feet from the
point of beginning of County Road No. 92g (shown as point No. 289
:< on County Survey No. 19,127); thence S 0 00109" W along the east
,_. right-of-way of said Count, Road No. 922, 481.820 feet to a point
of curve; thence northwesterly along a0480foot radius curve to
the left through a central angle of 28 57118" (chord bears N 14028'30" W
240.00 feet) 242.573 feet to a point on the westerly line of the
widened S.W 72nd Avenue (40 feet at right angles to centerline);
thence N 000'09" E along the westerly line of said widened right-
of-way 81.45 feet to a 3/4-inch iron pipe with Washington County
Survey Plug; thence .iorthewesterly along a 25 foot radius curve to
the heft through a central angle of 131 18127" (chord bears
N 65 39104" W - 45.55 feet) 57.294 feet to a 3/4-inch iron pipe with
a Washington County Survey Plug, thence 9 39023'32" E in a straight
line 129.05 feet to a point that is S 61 44153" E 40.00 feet from
the revised centerline og S.W. Upper Boones Ferry Road and S.W.
72nd Avenue; thence S 61 44'53" E 22.26 feet to the Point of
Beginning of the tract herein described.
Contains 16,383 Square Feet more or less.
,;y
Any objections or remonstrances against said proposal to vacate said areas may be
+ made in writing and filed with the City Recorder prior to the date of the hearing
and all obbections filed prior to the date of hearing will be heard and considered,
and any person having an interest in the proposal may likewise verbally be heard
at said time and place.
By order of the City Council of Tigard, this 12th day of Je:ly, 1982.
Doris Harti
City ReEorder
TT Publish July 22, 29 h August 5, 12, 19, 1.992
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0WNERS TO BE NOTIFIED
Arle;.e B. Stites (Seller) Lynn B. McDonald (Purchaser)
8020 S.W. Pine 8340 S.W. Ross
Portland, Oregon 97223 Tigard, Or. 97223
Donald E. and Rosalyn M. Petersen
10240 S.W. Hawthorne Ln.
Portland, Oregon 97225
George H. Killian
4724 S.W. Macadam Blvd.
Portland, Oregon 97205
Watt Petroleum Supply Inc.
P.O. Box 272
Newberg, Oregon 97132
John W.S. & Jane K. Platt (Seller) John J. Tennant (Purchaser)
4550 S.W. Humphrey Blvd. 16075 Upper Boones Ferry Road
Portland, Oregon 97221 Tigard, Oregon 97223
John S. Platt and David K. Platt (Seller)
M & J Investment
P.O. Box 3167
Portland, Oregon 97208
Howard W. & Marilyn A. Boyte
11560 S.W. Fonner
Tigard, Oregon 97223
Washington County (Seller) Pacific Realty Trust (Purchaser)
_ c/o Larry Rice, Public Works Director Attention: Tom Wiitaia
150 N 1st Street 1220 S.W. Morrison 11300
Hillsboro, Oregon 97123 Portland, Oregon 97205
Pacific Realty Trust
Attention: Tom Wiitala
1220 S.W. Morrison #300
Portland, Or. 97205
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L.R. Subotnick Ben Siegel (Estate of)
c/o Security, Bank of Oregon c/o Security Bank of Oregon
15960 S.W. 72nd Avenue
Tigard, Oregon 97223
F.H. Tower (Estate of)
635 E. Burnside
Portleid, Oregon 97211
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y Owners to be notified
Page 2
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DE HAAS & ASSOCIATES, 1NC. L—
CONSULTING ENGINEERS&SURVEYORS
WILSONVILLE,OREGON 97070
SUITE 445-AGC CENTER (503)682-2450
9450 S.W. COMMERCE CIRCLE
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j June 7, 1982
Frank Currie
City ofTigard
12755 S.W. Ash Avenue
P.O. Box 23397
Tigard, Or. 97223
RE: Street Vacation - LID 21
Dear Frank:
Attached is a proper resolution map and legal description of property
to be vacated to Pacific Realty Trust as part of the right-of-way
acquisition process for the 72nd Avenue project.
Also attached is a list of owners of real property affected which must
be notified as prescribed by ORS 271.080.
Because of greater simplicity, we recommend the vacation be "on council's
own motion" per ORS 271.130. The resolution
provides
bfor
the
city's
it's
retention of a utility easement over the entire
The resolecion also provides that the vacation ordinance will not
be effective until other right-of-way under the control of Pacific
Realty Trust, and necessary for the improvement of the 72nd Avenue
de
project, is dicated to the City of Tigard at no cost to the city.
Sincerely,
MARLIN JDE HAAS, P.E.
MJD:tlj
Attachment
cc: 80.194.118