Resolution No. 92-07A n
CITY OF TIGARD, OREGON
RESOLUTION NO. 92-o,-7
A RESOLUTION OF THE CITY COUNCIL CITY OF TIGARD, OREGON, AUTHORIZING THE
CITY ADMINISTRATOR TO SIGN ON BEHALF OF THE CITY A QUITCLAIM DEED
VACATING EASEMENTS WITHIN A VACATED PORTION OF SW LOCUST STREET.
WHEREAS, in 1972, the board of CGuraty Commissioners for Washington
County, Oregon, by resolution and order number 72-25, recorded at book
901 page 820, vacated a portion of S.W. Locust Street while retaining an
easement for a sanitary sewer; and
WHEREAS, in 1984, a similar easement -.,as granted to the Unified Sewerage
Agency of Washington County containing an mistake in the legal descrip-
tion; and
WHEREAS, the Tigard City Council finds that an easement offered by the
current owners to replace these easements better meets the needs of the
City.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1. The City of Tigard hereby extinguishes its interest in
the easement described in the property descriptions and
maps attached hereto as Exhibit "A" and incorporated
herein by this reference.
Section 2: Further, the Tigard City Council hereby authorizes the
City Administrator to sign a Statutory Quitclaim Deed
extinguishing the easement. A copy of the deed is
attached hereto as Exhibit"B" and incorporated herein by
this reference.
F-h
PASSED: This �day o 1992.
Co� �T Zja rdd
�/$7ayor - Ci -
t of Tiga
ATTEST:
City Recorder - City of Ti rd
aj:cenocusc.res
RESOLUTION NO. 92- l9�
Page 1
4981
1 IN THS BOARD OF COUWrY COMMISSIONERS
2 FOR WASHINCit7N COLTMrv-, ORMON '-
3 In the Matter of the vacation ) �.�.
Pursuant to ORS 368.565(2) of ) RESOLUTZOIALM ORDER
4 a Portion of S.Y. Locust Street, ) "` -
a County Road, Located in ) NO, ,7'2-�$� ,
5 Section 35, TIS, R1W, W.M.,
Washington County, Oregon. ) �t
6 Vacation No. 126
This matter having come on regularly before the Board at<
9
its meeting of November 14, 19721 and
8
It appearing to the Board that, pursuant to ORS 368.565(2),
9
this Board may for satisfactory reasons, adopt a resolution to
19
be entered in its journals declaring that proceedings to vacate
lY
a county road may be undertaken at once, and that this Beard
12
acted in accordance therewith on September 12, 1972, when it
13
resolved and ordered that prcoeedingesvanww tovacate said portion
14
of County Road No. 15411 and
15
It appearing to the Board that by Resolution and Order
16
17 No. 72-206, this Board declared ita intent to corvence proceedings
to vacate a portion of County Road No. 1541, con=only known'as
lE
S.W. Locust Street and mora particularly described as follows,
19
All that portion of S.W. Locust Street. County Road
20 No. 1541. So feet wide, as shown on the map of
Oakberg, a duly recorded plat:, lying between Greenburg
21 Road and the northerly prolongation of the west line
of Lot 25 of Oakberg, a duly recorded plat in
22 Washington county, being situated in Section 25, T1S,
R1W, W.H., Washington County, Oregon.
23
z
and
a
i2'i
u it appearing to the Board that said Resolution and Order
25•
No. 72-206 did in fact show the legal description of the land
a ao
26
adjacent to the road,or part thereof, the names of the owners of
s c 29
28 such land, the termini of the road or parts thereof to be vacated,
and that the road was to be vacated and that the road was useless
29
a as a part of the general road system, burdensome to maintain and
30
a that the public would be benefited by its vacations and
31
u it appearing to the Board that notice of pendency of said
Flow
901 =820
_ LL
1s M—
SEEM am
1 c '
mid 4981
1 petition wAs aiv9n by written not}.cs being pouted more than
2 30 days prior to the date of the hearing whi_h ..o,....ec vara
a posted in three of the most public and conspicuous,places
4 within the said roadway, as shown by the Affidavit on file
5 herein! and
6 it appearing to the Board that said notices contained a
7 description of the portion of the said roadway to be vacated,
a and gave the date of Tuesday, the 14t*: day of November, 1972,
9 at 7:30 o'clock p.m. as the time and Room 402 of the Waahington
10 County Administration Building, Hillsboro, Oregon, as the place
11 for public hearing on the matter and for receiving of remon-
12 strances thereto; and
13 it appearing to the Board that the aforementioned meeting
14 was held on the 14th day of November, 1972, at 7:30 o'clock p.m.;
35 and it appearing that no objections or remonstrances have been
16 made to the granting of the said vacation; and
17 It appearing to the Board that it is in the best interest
18 of the public to reserve a seven and one-half foot easement
19 on each side of the centerline of said county road for sewer
20 installation, maintenance and repair purposes; and
21 it appearing to the Board that said portion of County
22 Road No. 1541, as horainabove described, is useleas as a part
y. 23 of the general road system and burdensome to maintain and the
M
M
24 public will be benefited by such vacation, subject to the
V
o a 25 reservation of the eassments hereinabove described, and the
z 26 Board being fully advised in the promises hercinr it is, therefore
a o 27 RESOLVED Atm ORDERED that subject to the retention of a
28 Bevan and one-half foot easement lying on each aide of the
a 29 centarline of said county road for sewer installation, maintenance
y' 30 and repair purposes, the following described portions of
�- 31 Cc-onty Road No. 1541 be, and hereby are, vacated:
32 All that Rortion of S.H. Locust Street, County Road
SON %J
- 498i
No... 1541, SO feet aides. a. _ham m r
Oe a duly recorded ti n zhc sap of
&--• Y plat, lying f then Groonburg
Road and the northerly prolongation of the asst llna
3 of Lot 25 of Oakberg, a duly recorded plat in
Washington County, being situated in Section 35. TIS,
4 RIM. W.H., Washington County, Oregon.
5 and it is further
6 RESOLVED AND ORDERED that a copy of this Resolution and
9 Order be filed in the deed records of Washington County, and
s it is further
9 RESOLVED AND ORDERED that any utility easements presently _
20 i,� existence in the county road vacated herein. be retained,
11 and it is further
12 RESOLVED AND ORDERED that the County Surveyor for Washington
County, Oregon, be, and he hereby is, authorized and directed to .
13
14 mark the hareirabove described portions as vacated upon the plats,
f..-
records and maps of Washington i5 county, Oregon, and it is further is t
(' 16 RESOLVED AND ORDERED that the Director of Records and Elections IF
17 of Washington County, Or,on, is hereby authorized and directed
18 to have this order of vacation recorded on the records of
19 Washington County, Oregon. _
20 DATED this 14th day of November, 1972.
21 MRSIHI;'r
OF VNTY COMISS%ONERS
NREGON
22
3 Votes nye
23
24 F�rdang SeeertaY-y ,r
a,
a 25
$ 2S
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searW a s--�r�-•sum,�m mr rJ��jam ascaasn sw�� �g,�
i.dainas bag;'0I ';aeIm
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"area,
Legal Oeaer p on
Linear Feet
r SEWER EASEMENT •n
Home of GRPN',:•F{s)i FRINGE LAND 6RE. LTO. 84000 1 6 9 '
Address: 95W. Hashin Lon Suare Rod P. x 23635 P n 0 9
An Oregon ltd na.^tnewship, GRANTOR, own r of the property described herein, does
hereby grant, convey and warrant unto th Unified Sewerage Agency of Washington County,
GRANTEE, the right to lay down, construe and perpetually maintain a sower through,
under and along the property described o Exhibit "A" attached hereto and by thio
reference incorporated herein, This gra It of easement shall run with the land and
shA11 be hindino upon and shall inure to the benefit of the parties hereto, their
heirs, successors, and assigns. f daxep4nxshrxrmMalLslnasxnitas'As#
pRRaAasxseaxhedxkxkibx3xRf3Rxaxdxpyxtkiaxk tpkexa@xsaeaxpesssaaixisaka8li.
Any temporary easement granted hers III is automatically extinguished upon
acceptance of the completed rawer In the adjaeaoe permanent easement. Ha structure
shall be erected upon said eaSament site ut the written consent of the GRAHTEE.
The consideration for this grant is �-
' yyyyltiChur/,yj
APPROY 1H WITNESS WHEREOF. the�it SaPjidod_,,.
above has hereunto set sd•'.;
seal this r
CC+�YY�Nt L iAli$eti R, n iod Sew6fago —22tb-"Y of Ort4herEt. }gam_'
�AgenCy of !ashington County, Oregon , i s'•
e'- FRINM LANG Com. �TO:�,t• - .
8y
W{nmar Peciiic, ine., ''e ®i•F=r
APPROVED .......
Cf E sr
By hL 4, n -h ey_
warags � o T
Agency of Washington Covnty, Oragoa
EB .Seers of
NOTARIZE DOCUMENT BELOW .
STATE OF WASHINGTON
s.
County of KING )
On this ?7th day ofR 19.gL , before aa, personally appeared
LArJ
n o ®¢ o t>g ce.Pre sIdent,•and
`�,' '� �t• 3 wF4n kk)owl to sw to ba A•satcSecretary, of the corporation
escfiti a , dna a ar nawn o�,toy b8 the Par$dn/psaple whO executed; it on behalf
?'.t si of said corporation, and she/he or they �cknowled"Ojt,0 me that,such corporation
ment pursuant to its by-laws
executed this instruor a rasclution'of its bO�fld"Vt
directors. .- -.... ...__.... .. _.:.. 4i®, ..��%:;•.
1N TESTIMONY WHEREOF, i have hereu >e sty hand and affixed mYf,;t �gJ�ealj`o
this day :.nd year first in this, qy cetrifl^_ete. written c,
�yi)) _ __ ..._.. .1• l ' .. Lotto.
UuTrc, or ea o g an
bVr.
KY cGaaaitsion expire A ri1"2O• 13�b
'4N: '
��PAaa�a i S�� Saar ami 2� a•caa _—_amara- -- --
�aa�ei _.—am•Ta�B uag.� ----
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N\TILSEY&HA N I�
S21SAV-Fill-1h Acrnar/I•,:nl.n,l,(in-,,, •2u$
($'J31227.W55 � I
Septembor 26, 3983 ! EXHIBIT "A"
LLL 1
Description forSanitary Saw
Sq.—rm a` Easemont
SquToo (Va ah,ng to 9quer shopping Center)
Filar 4-1660-0201-E1/4-572-0101
�Tr
A 1$.00 (fifteen) foot videgqlniiary aevor lnatnt ].toted in th.
northwest 1/4 of Section 35 "n 1p 1 South, RaCnngo 1 Vest.
141 lomat[• Neri n, La akin$tan Covn ry, Oregen •nd La ins ]neat rd
7.SO feat on tscdiah aide of the !f ol2 owl ni dr•etibed cent•rlf ne of
ea•emanc;
6epinn.. at a po the ecntar .+f $.V. l.oe no treat (.seated)
.. which baRr• north .0-16' 12. 1¢mat 25.00 feat fton the rthvaet
rnz: of lot " of the ret ardad plat of 0•kbur8, th en<emf rme
Che pe SOC o[ Dab innini nmith D��" 41' 48" vont 535.00 foe[ Ca the
point Of term3nati0na•
Be- ettoch.d eerked copy of record of survey of o portion of the :;
N.W. 1/4 aaetlam 34, T.I.$., .I,V,a N.N. marked to shot ]oeattem j
'C• oY th• above de Pc rid aaa amenit.
LTATS Or ORRQO ! L
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,� � ,.Dan.aw tYw.;n ui::SaoiAawten.a.e y1_
.�.. ....._ .._. .. •na T•.uaa•ne sa•amb n•eao«a cw,.
7
naso•
' _ as recpdme M��• �Ytl cnuny.
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lea ' �,�-. •sci- °.J a sti x k
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TOTrrL- P.04
_
OF A PORTION OF THE NW 1/4 SECTION 35, T.i S., R.I N'., W.M.-
WASHINGTON
'.M.WASHINGTON COUNTY'% OREGON
DECEMBER 1874 Ld,08 ACRES SCALE,I'•100'
W ILET & HAM C�
POR LAND.OREOCM
6�i'eY�4P•I.S)L I
• ��� - S@9'd-1'16�a Iai;.aB C? �•'isd
y� ®y7.i�• � � 4y9.s��l"s
' `•IP.f't4•.-1 rlvw�w.fa'AiPVP Ps. 1'Iss1.>Vire.....:'
a ROV.io,INITIA e� e.a•r •r I (p a;•N.,o.OE'o.) - '
'w�eca Vae•.PIP• •e a.4,4ee.ae6 i
• ol[•J veSTaera.. � � 7
i LEGEND
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�"'.•" • A®� •/�A 9P• IamoeJ aeon• N � .,<
:0.S... � �d .,';•i-:.'
t BASIS OF BEARINGS p 'y
... TNa a .-TN L.—
)] rtl-W.MUtr }
ta•A76 P �rRll 6 19Yo—seat/ yM1P'�AY ID, w ,(LIu¢TN6 If.�
1170. WA5 N50r 4ti Te.i ti osyey' eu 0 �yu.IrrAeY 6eW£•� ;,
RssrsalNa.y AO•.T.tey yuaY®}y. r
rsfi r: aw LOCUST ST. -Wc otag sas• F
REFERENCE SURVEY, s`• A� :y o)'•�.� °
'- a.VPwYu . 4y4 et_�Y 1t;'IP) K 6d' ;rs14T�o1®aI ,
SURVEYOR'S CERTIFICATE, }yyet/��oQ\� �d�ppllg�jtttty1/���epea DDyy�� �
Y.4.r—..y TAYIA SL,P. M.-hT•Rtb K /eTC
e_As.ap 4V6ve7eq�u•reeaY G¢ TIrY - '-
. THAT TialS n1.a«a¢ta cT 6t/ ricc�•NT5 � I ,;,;_ys,,,,.'..,:..,.:. �•x�.s-�--.
' • + � A SV CY 6Y ha,De, mY M6 Oo,', yDa4 MY '-� --� ''� �•� fl
�•}-. %'.� vlse fA GTIOJ.®T TNF eCala Vaf T OF O I'.. , .... b-
,��, _. _..._. yWeWHAR VACIP 1G.it.]L.ry AVr 7MAT m.� �.•..—.....-I•-_�_ N
TN• COC VO kS SFIPUtJ®CiY h�'ROGD► S
> F4ueJV oN 7N• 6,ypJJty dya,MG4w1, _ I j,
r
J I cam+— F
JAN 041984 :•.I p:....
EXHIBIT "B"
STATUTORY QUITCL.AIM DEED
(EASEMENT EXTINGUISHMENT)
The CITY OF TIGARD, OREGON, a municipal corporation duly
organized and existing under the laws of the State of Oregon GRANTOR,
releases and quitclaims to Fringe Land Ore. Ltd., and Oregon limited
partnership, GRANTEE, all of GRANTORS right, title, and interest in and
to the real property, situated in Washington County, Oregon, described
in Exhibit "A" attached hereto and incorporated herein by this
reference.
The true consideration for this conveyance is $0.00. However,
the actual consideration consists of or includes other property or value
given or promised which is the whole consideration.
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.
1,31-ht i
Dated this !J— day of FP_hrIiQ2t.L_, 1992.
CITY OF GARD, OREGON
i..
Park Re' , Ci� Adm' istrator
STATE OF OREGON )
)sS.
County of Washington) ��3 , 1992
Personally appeared Patrick Reilly, who, being duly sworn, did
say that he is the City Administrator of the City of Tigard, Oregon, and
that said instrument was signed on behalf of said City by authority of
its Council; and he acknowledged said instrument to be the City's
voluntary act and deed.
Or
T&M.c�
oN EpP
NOTARY MMISSIPUBLIC-OREGON
COMPdISSiON N0.006060 _
MY COMMISSION EXPIRES MAY 10.1995 70TARY PUBLIC OF OREGOL�I J
My Commission Expires: lL�/��
NO CHANGE IN TAX STATEMENTS
AFTER RECORDING RETURN TO
CITY RECORDER
CITY OF TIGARD
PO BOX 23397
TIGARD OR 97223
dj/GB.locust.res
® PACIFIC
8405 S.W Ninebus Avenue
P.O.Box 80040
P-d—d.OR 47280
February 10, 1992
EXHIBIT "A"
PAGE 1 OF 2
A Portion of S.W. Locust Street (Vacated)
A tract of land located in the northwest one quarter of Section 35,
Township 1 South, Range 1 West, Willamette Meridian, in the City of
Tigard, Washington County, Oregon, being described as follows:
. All that portion of S.W. Locust Street, County Road No. 1541, 50
feet wide, located in that parcel of land conveyed to Fringe Land
of Oregon by deed recorded as Fee No. 86040823, Washington County
Deed records.
'r2EGtSTERE0
PR OF1-SI310MAL
LAND SURVEYOR
O
uA aJ
1ANURRY
JON
2212
(503)626-0455 Fax(503)526-0775 Planring-rnginee,mg,-St','eyill 1_:111dxcape A rch ilechs re-r_.ry iron menta l Service. C
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ACIFIC XN,X,°,r 1�;4X-"
8305 S.W.Nimbus Avenue u_ /00,
EO.Box 80040
Portland.OR 97280 2/2 !
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FFE ii/o_ 040
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(503)626-0455 Fax(503)326-0775 Planning••Engineering•Sur%-evin •Landscape Architecture•Em•irontnental Ser,icc,