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Resolution No. 82-72 3 4 CITY OF T!GARD, OREGO=N RESOLUTION NO. B2- 72 -�.;s,;ti G VACATION OF PORTIONS OF S.W. 72nd AVENUE AND C RESOLUTION DRIVE DE - IT OF rlraRO_ CARMEN DRIVE, A��DEDICATED PUBLIC RIGHT-OF-WAY iiv THE CITY WASHINGTON COUNTY, OREGON. WHEREAS, the area described on the attached sheet headed "Exhibit A" and by this reference made a part hereof, is an undeveloped unused portion of street dedicated to the public for highway purposes; and WHERE".:, the area described on said Exhibit "A" lies within the corporate boundaries of the City of Tigard, Oregon; and WHEREAS, said described area does not serve a public highway purpose and is so situated as to be of no usefulness now or in the future as part of the public street system of the City but, existing public service utilities lie therein; and WHEREAS, the party which will accrue property by virtue of the vacation is dedicating; at no cost to the City of Tigard, another right-of-way parcel necessary in the completion of L.I.D. 21 - S.W. 72nd Avenue Area Street Improvements; 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 development and use, reserving therein a public easement for said existing public service utilities; and WHEREAS, pursuant to Chapter 271.130 ORS, the City governing body is initiating 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 bald by the City Council of Tigard on Monday, August 23 1982, at F--rier 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 dir- ected 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 22ndrdayeofmad Julyhereof, art > andeonceseachbweektthereafter for to be made of v he publishings in all." f Forest H. Tower RESOLUTION No. 82- 72 s f 3 "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 public easements shall be reserved therein to provide for existing utilities prior to final action hereinregard.". (5) "That the vacation ordinance shall not be effective until such time as other right-of-way under the control of Forest H. Tower, and necessary for the improvement of the 72nd Avenue project, is dedicated to the City of Tigard at no cost to the City." PASSES: By Council on the day ofz 1982. Mayor ATTEST: ecorder RESOLUTION NO. 82- 72 Page 2 3 EXHIBIT "A" A tract of land being a portion of S.W. Upper Boogies Ferry Road also known as Carmen Drive, in the southeast 4 of the southeast 4 of Section 12, T.2S., R.1W., W.M., City of Tigard, Washington County, Oregon more particularly described as follows: Beginning at a point on the northerly line of Parcel 1 as shown on P.S. 11,091 of the Records of Survey of Washington County, Oregon that is N 46 06'34" E 26.73 feet from a 5/8-inch iron rod at the eorthwest corner of saig Parcel 1, said beginning point is also N 0 21'36" W 177.89 feet and N 89 38'24" E 59.56 feet from the recognized southwest corner of the southeast 4 of the southeast 4 of said Section 12 being Point No. 289 on County Survey No. 19,127; thence northerly along a 480 foot radius curve to the left through a central angle of 2026'24" (chord bears N 0 51'36" E 20.86 feet) 20.87 feet to a point that is 40 fSet at right angles to the centerline of County Road No. 126; thence N 0 21'36" E 45.83 feet to a point of curve; thence northeasterly algng a 40 foot radius cure to the right through a central angle of 78 52'02" (chord bears N 39 04'25" E 50.815 feet) 55.06 feet to a point that is southerly 32 feet at right angles to the realigned offset centerline of S.W. Carmen Drive; thence continuing along a line 32 feet southerly at right angles and parallel to said centerline of S.W. Carmen Drive, northeasterly al8ng a 350.3099 foot radiva curve to the left through a central angle of 17 24'13" (chord bears N 69 48'20" E 105.998 feet) 106.41 feet to a point curve and spiral; thence continuing along a line 32 feet southerly at right angles and parallel to the said realigned offset centerline northw8sterly (spiral along centerline Data - 18 CR;L= 120' Spiral; S = 10 48' ; a = 15.0; e = 0.120) 4.1 feet more or less to the intersection with the easterly line of said Parcel 1 of P.S. 11,021, also being the ` westerly line of that tract described as Parcel XV of Fee No. 78-044276 of t8e Records of Washington County, Oregon; thence southeasterly S 13 33'09" W more or less 12.3 feet more or less to a 5/8-inch iron rod at the most northerly corner of said Parcel 1 on P.S. 11,021; thence southweste6ly along the northwesterly line of said Parcel 1 on } P.S. 11,021; S 46 06134' W 191.49 feet to the Point of Beginning of the tract herein described. Y Contains 6,921 Square Feet more or less. r ) s i s' s 3 se. _. • II �Y ic- If L•.r. �tz� e,. .fly �tC•`�, .•31 a•••1 aa�' a� a t a 31*38 .:{ r o V�.�-� - !ii•`,®sii',ytD"' \C �'- a47.�� 21.3 R: {{ 1�•� ( r- � � ,�;tea rSOfov�.� fY,`7=w!• 3G�G3i= i 4 3l�vG•% ,3 65 �, Al �e»:.. _ /61+�•+'_o.T �r' ! ,t��i'G All d�j'[i EXHIBIT "B" NATt ,... /c1r6H iT+ AC`S �K'.-.- .ro�.tMt,. �,�''•-=' \� '\ �.- gd.ao j�z..l. as »u-� d•vD r"`�r Gct•• \iti tdr/� 1 ' •' r j IAC` VytO` \12,too S-� l..o i•.+ 0 a � ao.oj�i •"di�j.•!�`– t yAr•+ ''•� ' la a� e /27 Q" �•� �' �• 2•i!• 3Y0•' �o.eo 78� PT=Z5eS6l34 •+�.�� .. .(�: t � ,f/ .R•a• . 2 AREA TO BE VACATED R��• jE.Ba ''Iy�j,rp�zz.r r d• J'— �i 1zs eo 2•$s 170•. /Lo•ide-8T /;R.0 �9 2 n 3.r.' WL. �• toi• �/r.t c'3C• - /2 f zoo \/� Atc. 2 4. '..� ,J Pti4 "`e�o�. r\�adsro,c ��R•J• H yl df 4 , 1 r JO' R...i s � 010 3.2-0Rt s' $?4 a G 0$7A T.prr cb4�1 1e1 Pt: �^ ' pb �`t•.. r A :f fro � d: la�o:e ys• D 3 OWNERS TO BE NOTIFIED Wenjim Properties 15605 S.W. 72nd Avenue Tigard, Oregon 97223 Andre and Linda Nadeau 15785 S.W. 72nd Avenue Tigard, Oregon 97223 Arlene B. Stites (Seller) Lynn B. McDonald (Purchaser) 8020 S.W. Pine 8340 S.W. Ross Portland, Oregon 97223 Tigard, Oregon 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 91,132 Washington County (Seller) Pacific Realty Trust (Purchaser) c/o Larry Rice, Pub-ic Works Director Attention: Tom Wiitala 150 N 1st Street 1220 S.W. Morrison #300 Hillsboro, Oregon 97123 Portland, Oregon 97205 Pacifir.. Realty Trust Attention: Tom, rilitala 1220 S.W. Morrison #300 Portland, Oregon 97205 ;e> r 3 f' 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 ° E.H. Tower (Estate of) ®� 635 E. Burnside Portland, Oregon 97214 William, Nickoloff (Seller) Sharp Associates Inc. (Purchaser) 2001 N.E. 65th 12745 S.W. Beaverdam Road Portland, Oregon 97213 P.O. Box 276 Beaverton, Oregon 97005 Mac & Martha L. Sharp (Seller) 12105 S.W. Canyon Road Beaverton, Oregon 97005 Southern Pacific Industrial Development Co. Room 304, Union Station Portland, Oregon 97209 F f 9 s f F i Lmners to be notified Page 2 9s � I DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS&SURVEYORS SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070 S.W. Cvviiw E CE CIRCLE (503)682-2450 i i June 8, 1982 Frank Currie City of Tigard 12755 S.W. Ash Avenue P.O. Box 23397 Tigard, Or. 97223 RE: Street Vacation - L.I.D. 21 Dear Frank: Attached is a map and legal description of property to be vacated to Forest H. Tower as a part of the right-of-way acquisition process for the 72nd Avenue project. Il Also attached is a list of owners of real property affected which 'i must be notified as prescribed by ORS 271.080. Because of greater simplicity, we recommend .he vacation be "on council's own motion" per ORS 271.130. The resolution provides r`ur the city`s retention cf public casements for existing public service utilities. The resolution also provides that the vacation ordinance will not be effective until other right-of-way under the control of Forest H. Tower, and necessary for the improvement of the 72nd Avenue project, i is dedicated to the City of Tigard at no cost to the city. 1 Sincerely, MARLIN J10E HAAS, P.E. F MJD:tl j [ Attachment cc: 80.194.118 _ E 3 CITY OF TIGARC NOTICE OF PUBLIC HEARING ■ ON PROPOSED VACATION OF PORTIONS OF S.W. 72nd AVENUE AND CARMEN DRIVE, DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, Pursuant to resoiution Na. 82-7� ui 'ahe City Co_rci'• of Tic rd, adopted jul l2, - :in, authori:-v ^f Chanter 271 130 Oregon Revised�Statutes, a public hearing-gill be held bytheCouncil of Tigard at 7:30 P.M., or, Monday, August 23, 1982, at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon, with respect to the proposed ,acation of the following".described portions of S.W. 72nd Avenue and Carmen Drive dedicated public right-of-way in the City of Tigard Washington County, Oregon. "EXHIBIT All DESCRIPTION A tract of land be 0g a portion of S.W. Upper Boones Ferry Road also known as Carmen Drive, in dae southeast 4 of the southeast 4 of Section 12, T.2S.2 R.1W., W.M_ City of T:yard, Washington County, Oregon more particularly described as follows: Bec;nning at a point on the northerly line of Parcel 1 as shown on P.S. 11,091 of the Records of Survey of Washington County, Oregon that is N 46 06134" E 26.73 feet from a 5/8-inch ir;nn rod at the 8orthwest corner of sai8 Parcel 1, said beginning point is also N 0 21'36" W 177.89 feet and N 89 38124" E 59.56 feet from the recognized southwest corner of the southeast 4 of the southeast 4 of said Section 12 being Point No. 289 on County Survey No. 19,127; thence northerly along a 480 foot radius curve to the left through a central angle of 2026'24" (chord bears N 0 51'36" E 20.86 feet) 20.87 feet to a point that is 40 f6et at right angles to the centerline of ..ouuty Road No. 126; thence N 0 21'36" E 45.83 feet to a point of curve; thence northeasterly along a 40 foot radius cure to the right through a central angle of 78"'52'0211 (chord bears N 39 04'25" E 50.815 feet) 55.06 feet to a point that is southerly 32 feet at right angles to the realigned offset centerline of S.W. Carmen Drive; thence continuing along a line 32 feet southerly at right angles and parallel to said centerline of S.W. Carmen Drive, northeasterly along a 350.3099 foot radius curve to the left through a central angle of 17 24'13" (chord bears N 69 48'20" E 105.998 feet) lC6.41 feet to a point curve and spiral; thence continuing along a line 32 feet southerly at right angles and parallel to the said realigned offset centerline northwSsteriy (spiral along centerline Data - 18 CR;L= 120' Spiral; S = 100048'; a = 1-5 e = 0.120) 4.1 feet more or less to the intersection with the easterly line of said Parcel 1 of P.S. 11,021, also being the westerly line of that tract described as Parcel XV of Fee No. 78-044276 of tse Records of Washington County, Oregon; thence southeasterly S 13 33'09" W more or less 12.3 feet more or less to a 5/8-inch iron rod at the most northerly corner of said Parcel 1 on P.S. 11,021; thence southwesterly along the northwesterly line of said Parcel I on P.S. 11,021; S 46 06134" W 191.44 feet to the Point of Beginning of the tract herein described. Contains 61921 square Feet more or less. 3 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 ojbections filed prior to the date of hearing will be heard and considered, and any person having an in—crest in the proposal ,. _ 14keaise Verbally be heard at Said, time and O lace. _ By order of the City Council of Tigard, this 12th day of July, 1982. Doris Hartig city Recorder TT Publish July 22, 29 & August 5, 12, 19, 19E2 i i I Notice of Public Hearing Page 2 I -