Resolution No. 92-36 -19
CITY OF TIGARD, ORE-GO
RESOLUTION NO. 92-36,'�'
A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW 67TH
AVENUE, BETWEEN SW BAYLOEi AND THE ODOT ACCESS CONTROL LINE SOUTH OF
SW CLINTON STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON.
------------------------------------------------------------
WHEREAS, this portion of SW 67th Avenue is a dedicated Public
right-of-way, giving the public rights over the land for street and
utility improvements; and
WHEREAS, SW 67th Avenue, in the vicinity of the area proposed for
vacation is no longer needed; and
WHEREAS, the property owner(s) will be required to provide
easement(s) for access and 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
S
(2) A public hearing is hereby called to be held by the City
Council on Tuesday, �, 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
form hereto attached and by this reference made a part hereof,
the first publication to be 1992 and the final
publication to be on Augusta Q, 1992. — AY uJ�c, 13
The Recorder be, and (s)he is hereby, 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; and
RESOLUTION NO. 923 �;I, PAGE 1
O.mende-d "� �Cvric<Z
7/wlgz
(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.
PASSED: This 14J&
day of Al i , 1992.
ATTEST:
•.ayor - �.ity of Tigard
City Recorder - City of Ti . rd
RESOLUTION NO. 42- 35�- PAGE 2
Robert E. &Joan D.Cline
16200 S.W.Grimson Court
Portland, OR 97224
503 653-7554 RECEIVED PLANNINC
FAX 503 639-7373
.IU"J 10 1992
March 16, 1992
Mr. Ron Pomeroy
Community Development Department
City of Tigard
13125 SW Hall Blvd.
PO Box 23397
Tigard, OR 97223
RE: Vacation on SW 67th Avenue,Tigard OR-Letter of Intent
Dear Mr. Pomeroy:
This letter shall serve as a letter of intent on behalf of the affected property owners to
request vacation of the northerly 225 feet of S.W. 67th Avenue between S.W.Baylor and
S.W.Clinton Street.It is the intent of the property owners to keep the street open,that is
to erect no barrier to hamper delivery or emergency vehicles.
It is our understanding that you will begin contacting the property owners immediately- I
believe that you will find that the affected property owners are in accord.
Enclosed please find a check for the required filing fee.
Thank you, Ron,for your assistance.
Cordially,
Robert E. Cline
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f CITY OF :"YGAP.L`, OREGON ~�
f ORDINANCE NO. 85-3tJ
AM ORDINANCE VACATING A PORTION OF SW 67TH AVENUE AND CLINTON STREET AND
DECLARING AN EFFECTIVE DATE..
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 15.08.040 of the Tigard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to return the area within
SW 67th Avenue and Clinton Street to the adjacent property owners to
facilitate future development possibilities; and
WHEREAS, the vacation is recommended by the Planning Commission and the City
Engineer; and
WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the
Council fixed a time and place for the public hearing and the Recorder
Published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.080; and
WHEREAS, the Council, having held a hearing on September 23, 1905, finds the
public interest will not be prejudiced by the vacation as provided by ORS
r 271.120 and TMC Section 15.00.130; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate a portion of SW 67th Avenue and Clinton Street because the
Public interest will not be prejudiced; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land:
C A private ingress/egress easement be retained on SW 677th Avenue from
the South line of SW Saylor Street. 15 feet on both sides of the
existing right-of-away centerline, to the North line of the Oregon
Department of Transportation Control Access Line. Said easement
must contained the notarized signatures of all abutting property
owners to 67th Avenue and be in a form approved by the Tigard City
Attorney's office. Said easement shall be recorded with this
ordinance to make the vacation effective.
o The Street Vacation should be granted for transportation
right-of-,way purposes, however, a public easement for utility
purposes shall be retained over the entire area.
0 This vacation for transportation right-of-+.gay purposes shall not be
effective until the effective date of this ordinance and it shall be
not effective until a certified copy of this ordinance has been
recorded with the Washington County clerk, assessor and surveyor.
. as-
Page
13? EXHIBIT
IRV
ow'own..i�®s a n e sMOM 1®as 2Y s seams
IN
L
Ch THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation for
transportation right-of-way purposes of that portion of SW 67th Avenue and
Clinton Street as described on the attached Exhibit "A" and shown on the
attached Exhibit "e", and by this reference made parts hereof.
Section 2: The Tigard City Council further orders that the vacation be
subject to the following conditions:
o A private ingress/egrets easement be retained on SW 67th Avenue from
the South line of SW Saylor Street, 15 feet on both sides of the
existing right-of-way centerline, to the Horth line of the Oregon
Department of Transportation Control Access Line. Said easement
must contained the notarized signatures of all abutting property
owners to 67th Avenue and be in a form approved by the Tigard City
Attorney's office. Said easement shall be recorded with this
ordinance to make the vacation effective.
o The Street Vacation should be granted for transportation
right-of-way purposes, however, a public easement for utility
purposes shall be retained over the entire area.
o This vacation for transportation right-of-way purposes shall not be
effective until the effective date of this ordinance and it shall be
not effective until a certified copy of this ordinance has been
recorded with the Washington County clerk, assessor and surveyor.
Section 3: In no situation shall this ordinance be effective until the 31st
- day after its enactment by the City Council and approval by the Mayor.
PASSED: 8y CAna n.vt io its vote of all Council members present after
bei read by number and title only, this day
of 1985.
eputy City Recorder - City of Tigard
APPROVED-. This r h day of 1485.
ffimpaw - City y/�of Tiga
Clc. Pr-es
f
ORDINANCE NO. 85-
1 / Page 2
l_,`; lw/3214A
®�®CTS syIM
Z
LEGAL DESCRIPTT_ON FOR VACATION OF STREETS FOR JERRY CASH
A parcel of land in the plat of WLSi PORTLAND iiEIGHTS, Washington County,
Oregon: the said parcel being a portion of S.W. 67th Avenue and S.W.
Clinton Street abutting Blocks 1, 8, 13, and 14 in said plat described as
follows:
Beginning at the Northeast corner of Lot 33, said Block 13; thence North
along the East Tine of said Block 13, 175 feet to the Northeast corner
thereof; thence East 30 feet; thence North 60 feet; thence West 30 feet to
the Southeast corner of said Block 8; thence North along the East line of
said Block 8, 450 feet to the Northeast corner thereof; thence East 60 feet
to the Northwest corner of said Block 7; thence South along the West line
of said Block 7, 450 feet to the Southwest corner thereof; thence East
along the South line of said Block 7, 193 feet more or less to the Access
Control Line of the Southbound Exit Ramp of the Haines Road Interchange;
thence Southwesterly along said Access Control Line 63.25 feet more or less
to the North line of said Block 14; thence West along said North line 173
feet more or less to the Northwest corner of said Block 14; thence South
along the West line of said Block 14, 146.87 feet more or less to the
Access Control Line of the Southbound Exit Ramp of the Haines Road Inter-
change; thence Southwesterly 66.25 feet to the point of beginning.
Save and except an easen.ent for utility purposes.
Save and except an easement for ingress and egress over and across the
following described parcel:
A strip of land 30 feet in width being 15 feet on each side of the
following described center line: Beginning at a point 30 feet East of the
Northeast corner of said Block 8, NEST PORTLAND HEIGHTS• thence South
i parallel to the East line of said Block 8, 670.94, feet to a point on the
said Access Control Line. This easement for ingress and egress is for the
y use of abutting properties only and it may be terminated by mutual consent
of the abetting property owners.
PROPOSED VACATION OF � ► `,
SW 67TH AVE & CLINTON ST IN
SEC 36 TIS RIS/, W M
LJ WASHINGTON CO. OR
� Q �,�Y 6��5 SOA►�E 1"=100
BAi(LOR STREET
T
E;: �
OD -
�..r`:..
CLINTON STREET
L E4ST y'
% "c- COK. t-.OT 13
$" \JdEST FaoFzbrL�-.N® 6- etC-1-
d
44
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and City Council n February 28, 1986
Fkvl: Loreen Wilson, Recorder\fir
SUBJECT: 67th & Clinton Street Vacation
On 9/30/85, City Council held -.a public hearing for the above mentioned
vacation request and adopted Ordinance No. 85-37 to approve the vacation based
on the following conditions:
o A private ingress/egress easement be retained :on SW 67th Avenue
from the South line of SW Baylor Street, 15 feet on both s: 'as of
the existing right-of-way centerline, to the North line of the
Oregon Department of Transportation Control Access Line. Said
easement must contain the notarized signatures of all abutting
property owners to 67th Avenue and be in a form approved by the
Tigard City Attorney's office, Said easement shall"be recorded
with this ordinance to make the vacation-effective.
o The Street vacation should be granted for transportation
right-of-way purposes, however, a public easement for utility
purposes shall be retained over the entire area.
e o This vacation for transportation right-of-way purposes shall not
be effective until the effective date of this ordinance and it
shall not be effective until a certified copy of this ordinance
has been recorded with the Washington County cler!, Assessor, and
Surveyor.
Staff was advised Wednesday, 2/26/86, that the City does not have jurisdiction
of 67th Avenue: Randy Clarno, Engineering Division Manager, and I have
discussed this issue at length with Washington County Surveyor's office and
Tim Ramis.
i
The. Jurisdiction documentation which Washington County has. was never recorded-
and unavailable for staff information prior to the public hearing.. Since the
ORS does not allow the City to consider vacations on lands which are not
within our jurisdiction, Ordinance No. 85-37 should be modified.
Stmff to Leal Counsel would recommend modifying the ordinance to vacate only
that portion of Clinton Street which lies east of 67th Avenue to terminate at
the ODOT Control Access Lane. An ordinance is being prepared to accomplish
-this and will be hand-carried to Council Monday evening.
Staff will update Council further at that time.
lw/3585A
A i
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.
EXHIBIT T' C
.1 1
mow
s l
Cl t Y OI 11CARD. 00 GON
ORD I NAN-'1. NO 86 16
AN ORDINANCt AMf ND)NC ORDiNANCI NU ,t', 11, VACAI ING A PURIIUN 01 `JW 1:1 INION
STREET AND DECLARING AN EMERGENCY-.
WHEREAS, the Tigard City Council initiated this var.ation request pursuant to
Section 15.08.040 of the Tigard Municipal Code; and
WHEREAS, the Council, having held a public hearing on 9/23/85, found that it
.hG Ls,.ic
e o portion of 67th and Clinton Streets; and
WHEREAS, the Council is now advised U-t the portion Of SW 67th Avenue which
was proposed to be vacated is not within City of Tigard street jurisdiction.
1, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOiI.OWS
Section 1: The Tigard City Council herteby amends Ordinance No. 85-37 by
removing all references to the vacation of 67th Avenue by amending Section 1
of that ordinance to read as follows-
"Section 1: The Tigard City Council hereby orders the vacation of
Clanton Street as described on the attached Exhibit "A" and shown on
the attached Exhibit "Es", and by this reference made parts hereof."
Section 2: The Tigard City Council further amends Ordinance No_ 85-37 by
i amending Section 2 which set forth the required conditions placed on that
vacation as follows:
3
"Section 2: The Tigard City Council further orders that the
4 vacation be subject to the following condition:
"o This vacation shall not be effective until the effective date of
this ordinance and it shall not be effar_tive until a certified copy
of this ordinance has been recorded with the Washington County
' clerk, assessor, and surveyor."
Section 3: Effective Date: As this ordinance is to anu•nd an ordinance passed
s by the Tigard City Council and effective in October, 1985, and as the Council
was unable to vacate 67th Avenue which was under Washington County
jurisdiction, an emergency is hereby declared to exist and this ordinance
95 shall become effective upon its passage by the Council and -approval by the
1 Mayor.
j
PASSED: 'By E4rea,i; rtva.c5 vote of all Council members res nt after
1 being read by number . and tiLle only, thisC-1day
of
waj
Wilsar• Deputy Recorder
(`', APPROVE:1': This �VC•� day of
a � Ica=
Mir too 11
i X•11111 I "A"
1 FGAI. W!:-.klLPl JON FOR VA( AI CON OF CUNTON `;fRF.Ef
A parcel of land in thc• plat of W11;1 PORTLAND FiFiGFiTS, Washington County,
Oregon; the said parcel being a portion of SW Clinton Street abutting Rlocks 7
and 14 in said plat described as follows
Beginning at the Southwest corner of Lot 19, said Block 7; thence East along
the South line of said Mock 7, 193 feet more or less to the Access Control
Line of the Southbound F_xit R.,mp or the Haines Road Interchange; thence
Southwesterly along said Access Control Line 63.29 feet more or less to the
North line of said Block 14; th,.nr_c• Wrst along said North line 173 feet more
or less to the Northwest corner of said Block 14; thence North 60 feet to the
Point of beginning_
lw/3585A
PROPOSED VACATION
sw 671 H AVE & CLINT QST IN
SEC 36 T[S RI. ,. ....
uj ASHINC�T 'C
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IVA
I �A����E2 -STREET
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CLINTON STREET
` � 1
PROPOSED VACA I ION OF
SW 67TH AVE & CLINTON ST IN
SEC 36 TIS RIW, WM
WASHINGTON CO, OR
Q � SCALE 1"=100'
BAYL0R STREET
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a.
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CLINTON STREET
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EXHIBIT ®
x _ 1_. .�- �.---a r .
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NOTICE OF PUBLIC RIGHT-OF-WAY VACATION HEARING
A PORTION OF SW 67th AVENUE
The Tiga'sd City Council will hold a public hearing on Tuesday,
September 8, 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. 67th Avenue adjacent to
property located at the northeast corner of S.W. 67th Avenue and
S.W. Baylor Street. The request was initiated by the City Council
on July 14, 1992 on behalf of Mr. Robert Cline. 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 September 8,
1992, by 7:30 P.M.
TT publish: August 13 and 20, 1992