Resolution No. 92-25 CITY OF TIGARD, OREGON
RESOLUTION NO. 92-1Q-3-
A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW GREENBURG
ROAD, AT THE NORTHEAST CORNER OF THE INTERSECTION OF SW GREENBURG
ROAD AND SW CENTER STREET, IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON.
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WHEREAS, an agreement to vacate and transfer title for a portion of
the SW Greenburg Road right-of-way was signed by the City
Attorney's Office on November 1, 1990; 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 property owner, Margaret Davis, supports this
vacation; and
WHEREAS, SW Greenburg Road, in the vicinity of the area proposed
for vacation, has been realigned so that the portion of the right-
of-way being considered for vacation is no longer needed; and
WHEREAS, the property owner will be required to provide easement(s)
for any utilities located within the area proposed for vacation;
and
WHEREAS, the Tigard City Council finds it necessary and desirable
to initiate vacation proceedings for said right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
(1) The Tigard City Council initiates the vacation request with
the understanding that those property owners who would
normally sign a petition shall be notified by mail of the
proceedings; and
(2) A public hearing is hereby called to be held by the City
Council on Tuesday, July 14, 1992, at 7:30 PM at the Tigard
Civic Center Town Hall Room, 13125 SW Hall Boulevard, within
the City of Tigard, 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 right-of-way; and
(3) the City Recorder be, and (s)he 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
/' RESOLUTION NO_ 92-,:!`5 PAGE 1
t�
form hereto attached and by this reference made a part hereof,
t the first publication to be June 4, 1992 and the final
publication to be on June 11, 1992.
The Recorder be, and (s)he is hereby, further directed to
cause to have posted within five (5) days after the date of
first publscation, a copy of said notice at or near each end
of the area proposed to be vacated; and
(4) That the particular portion of granted public right-of-way to
be vacated is shown on the attached sheet labeled Exhibit "1"
and by reference made a part thereof.
�l 1 1992.
PASSED: This ��- day of CL, ." r
ATTEST:
`j yor - city or/Tigard
i
City Recorder - Clty of Tsgard
{ RESOLUTION NO. 92- ��5 PAGE 2
r
{
r EXHIBIT A
NW 1/4 SE 1/4 SECTION 35 T1S, R1 W, W.M.
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
SCALE 1"=20'
EXISTING ROW LINE
Q
ILDING
.R
DESCRIBED
AREA
EXISTING ROW LINE
EW ROW LJNE
NIP
f;^ EMSTING ROW LINE
and POB
�G
�o
ildqL`,,,1NIIS, CREW F� CORRIGAN
r� ��AJJT:ORNEYS AT LAW
(.-TFFF H.BA�AROIGAN' �0�1 U Figgr✓BALLOW&WRIGHT BUILDING CI.A BCI(ANIAS COUNTY l N.Gmnt,SuiteOFFICE
�.F.PIIEI3 F.CREW02
27 N.W.Hoye Sweet Canbon 97209y.Oregon 97013
WILLAP.HASA. TINGS
OJT-? v� �� ON�6(503)222-4402 (503)266-1149
MARK P.O'DONNELL FAX:(503)243-2944
DENNIS M.PATERSON III JAMFS Al.COLEMAN
TMO'I'HY V.RA-MIS PLEASE REPLY 70 PORTLAND OFFICE KLN' NL17H M.ELLIOTT
SHEILA G RIDGWAY• GARY M.GEORGEFF•
WILLIAM J SPALNAI= ROBERT J.McGAUGHEY-
:.,Noyr SPevl C-1 .
-Ai-A---m P—d.
Iv ware of wamumn �y
Ms. MargaretD is lcowll
CI
o P.oger erson, Esq.
8865 S.W renter St.
P.O. BPIA23006
Tig , OR 97223
e: Agreement for Negotiated Settlement for Purchase of
Property Rights for the Greenburg Road Realignment
Prolect 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,
*-o ert you owl: will be affected this project. A Warrant Deed
property Y Y _ .., z � pro; y
and Temporary Construction Easement 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
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rw 11111111111 16 11111,1
AMIN
O'DONNEL.L,RAM IS,CREW&CORRIGAN
Ms. Margaret: Davis
November 1, 3.990
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 the :vacator� .and. transfer-o ,.:tstle_.ta=-sai"d property
tot:Ms. Davis_.,to be::complete;.:,befare:;7uly 92. 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 Ms. 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 onsttuct an extruded curb approxithey matei-
a feet Horth
and parallel to the back edge of
g
adjacent to the existingnew sidewalk
existing building. parking lot behind Ms. Davis'
The total compensation ;:or the above is $1,835.00. Payment will
be made in approximately 30 days. Thank
with the City. Yolk for your cooperation
Sincerely yours,
O' O ELI,, RANLIS, qW & CORRIGAN
Ke t
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Street Vacation
A tract of land located in the N.W. 1/4 of the S.E •< of Section 35,
Township 1 South, Range 1 West, Willamette Meridian, City of
Tigard, County of Washington, Oregon, more partict_larly described
as follows:
Beginning at a point on the North right-of-wa-7 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 45°45'52"
West, 16.3 feet to a point 1.00 feet when measured perpendicular
with the existing building foundation, said point being the TRUE
POINT OF BEGINNING; thence South 52°38' East, 9.33 feet to a point;
thence North 37° 56' East, 28.9 feet to point; ther_z:e North 521 38'
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 4545152" East, 29.2 feet
to the point of beginning.
grnburgl.vac
EXHIBIT
" NOTICE OF PUBLIC RIGHT-OF-WAY VACATION HEARING
A PORTION OF SW GREENBURG ROAD
The Tigard City Council will hold a public hearing on Tuesday,
'u.'s.'y" 14, 1992, at 7:30 p.m. at the Tigard City Hall Town Hall Room,
13125 S.W. Hall Boulevard, Tigard, Oregon, to consider the proposed
vacation of a portion of S.W. Greenburg Road at the northeast
corner of the intersection of S.W. Greenburg Road and S.W. Center
Street. The request was initiated by the City Council on May 26,
1992. Any interested person may appear and be heard for or against
the proposed vacation of said public right-of-way. Any written
objections or remonstrances shall be filed with the City Recorder
by July 14, 1992, by 7:30 p.m.
TT Publish: June 4, 11, 1992