Resolution No. 94-26 01ijill 11
CITY OF TIGARD, OREGON
RESOLUTION NO. 94- -:216
A RESOLUTION CONCERNING THE VACATION OF A 165 SQUARE FOOT PORTION OF A PEDESTRIAN
E-ASE_—IMIT ON LOT #8, BY—,TIS LANDING SUBDIVISION
WHEREAS, the plat of Hart's Landing dedicated a public pedestrian easement on Lot
#8; and,
WHEREAS, a 165 square foot portion of that easement is no longer necessary; and,
WHEREAS, the owner of the affected lot leas rectuested that the easement be vacated;
and,
WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for
the requested vacation.
NOW, THEREFORE, BE TT RESOLVED by the Tigard City Council that:
Section 1: The Tigard City Council initiates a request for vacation of a
portion of a pedestrian easement located on Lot #8 of the Hart's
Landing subdivision, as more particularly described in Exhibit "A".
ctior_ 2: A public hearing is hereby called to be held by the City Council
on Tuesday, August 9, 1994, at 7:30 p.m. at Tigard City Hall, 13125
SW Hall Boulevard, within the City of Tigard, at which time and
place the Council will hear any objections thereto, and any
interested person may appear and be heard for or against the
propsosed vacating of said easement.
Section 3: The City Recorder is hereby authorized and directed to cause to
have published in the Tigard Times, a newspaper of general
circulation in the City of Tigard, a notice of said hearing, the
first publication to be on July 21st, and the final publication to
be on July 28th. The Recorder is further directed to cause to have
posted within fiva riayc after the A- of first publicatlon,
of said notice at or near, each end of the area proposed to be
vacated.
Section 4: The particular public easement to be vacated is shown on the
attached Exhibit "A" and by reference made a part hereof.
PASSED: This �� day of t-- -1 1994.
221/
ATTEST:
Ma - City of Tigard
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11G* _ w til J
1 f'
ty^Recorder - itiYj of Tigard
EXHIBIT A
LEGAL DESCRIPTION
May 6, 1994
PURPOSE: TO DESCRIBE THAT PORTION OF THE PEDESTRIAN PATHWAY ON LOT
8 "HARTS LANDING" THAT IS TO BE VACATED PURSUANT TO THE
APPROVED LOT LINE ADJUSTMENT BY THE CITY OF TIGARD No.
MIS 94-0012.
The following described tract of land being a portion of Lot 8 of
the duly recorded plat of "Harts Landing", situated in the N.E. 1/4
of Section 34, Township 1-South, Range 1-West of the Willamette
Meridian, City of Tigard, Washington County, Oregon.
Commencing at t:e S.W. corner of the hammerhead turnaround of Tract
"D", S.W. Mary Place, being the westerly end of the curve of Lot 9;
thence N 00135153" W 14.08 feet; thence S 8 9'24'07" W 2.40 feet to
the "TRUE POINT OF BEGINNING"; THENCE S 89'24107" W.13.38 feet;
thence N 77'04137" W 10.21 feet; thence N 48135143" W 9.76 feat to
an intersection with the northerly line of a 10 foot wide
pedestrian easement as defined on the plat of "Harts Landing";
thence along said line N 89124107" E 18.21 feet to an angle point;
thence S 54145138" E 15.24 feet to the point of beginning
-Containing: 165 square feet.
RECEIVED
MAY 1 0 1994
COMMUNITY DEVELOPMENT
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FXUIBIT 8
bai^.g given to seducing the numbers Of :significant trues to be
removed. The developer will,be required to provide eresion control
measures during thm course of subdivision and home construction in
order to reduce Impacts upon the wetland area.
3. The subdivision proposal is consistent with Policy 3.5.4 because the '
proposal includes a bicycle/psdestria.sa path on lot 8 connectLV9 the
proposed development to the existing pathway system in rnglmwood
Park. This area Of Tigard is well served by pedestrian/bicycle
pathways. This proposed connectionY will provide the or
devfalopmeat with access to not onLthe pathway system f
transportation rposes but will almo provide access to public
playground egaipmant in the park. Zt will be necessary for tye
final subdivision plat to include a minimum 10 foot wide Iic
awe eetr an st easement on the proposed Pr vete a Beet and on
lot 8. Public rovementa to be constructed _or a s v s on
will need to include an eight foot wide: pathway within the easement.
The applicant's engi—neer, Bill Mcc onagle, offered that the area of
the pedwatrian/bic.^_vcle pathway will be fenced from adjoi.,ing lots to
the west. _-
4. In order to co®ply with Policy 4.2.1, conditions of approval are
warranted requiring the developer to submit an eros`-ova control Plan
ensuring compliance: with erosion control standards for the Tualatin
River Basin and to obtain a NPDES permit an part of the grading
permit application_ _
5. This subdivision proposal complies with Policy-7..1.2,_ 7..3.1,..7.4.4
and 7.6.1 because, the applicant will extend public sewer and water
systems to this aite-and will provide forunderground inatellstion
of phone, electricity, and cable television lines. The Fire
District and Water District have reviewed the prop-0sal and have not
raised concerns with the proposed development's effects upon the
public water supply's capacity or water pressure.
6_ The subdivision nropoaal complies with Policy 8.1.1 and 8_1.3
because'the-pr'ogosed"improvements to the"-public streets adjoining
this site will -be consistent with city of Tigard standards and
should provide a safe and efficient network of local streets in the
proposed development.
O. C.+...oliance With USA Surface Water Manacement Regulations
1. The applicant had requested an exception to the 25 foot undisturbed
buffer area adjacent to "sensitive areas^ requirement of the Unified
Sewerage Agency Surface water Management regulations (RSO 91-47, as
amended by R6.0 93-75). The exception would have allowed pa--tions of
the 25 feet adjacent to wetlands on the, sits to be included within
lots 2-6 instead of being placed in m separate buffer tract as is
usually required. The applicant proposed that "compensating buffer
area" between lots 6-8 and other portions of the wetland area be set
aside from develvpment__ The lot setba=k from the wetlands in this
area would be 50 feet rather than the 25 .foot requirement.
At the public hearing on this matter_ the applicant offered to drop
tt+.e req-ost £ox approval of an exception to the buffer area standard
FINAL ORDER - SUB X92-0003/PDFr 92-0001/MIS 92-0006
HART LAKE SOB. PAGE 20
CITY OF TIGARD
NOTICE OF'DECISION
IAT LINE ADJUSIMENT•MIS 94-0012
ST-EWART/RENAISSANCE
APPLICAIM-N: The applicant requests approval of a Lot Line Adjustment to adjust two
parcels of approximately 6,876 and 8,988 square feet into two parcels of approximately 6,690
and 9,174 square feet.
2.ONINO Designation:R-4S (Residential,4.5 units per acre)
LOCAT OM 10719 SW Mary Place(WC-17M 1S1 34AC,tax lot 3700)and 10751 SW Mary
Place(WORM IS!34AC,tax-lot 3800).North of SW North Dakota Street and west of SW
109th Avenue
DECISION: Notice is hereby given that the City.of Tigard Community Development
Director's designee has APPROVED the above request subject to the following conditions:
ALL CONDTITONS SHALL EE SATISFIED OR FINANCIAT.T Y 'S TRED PRIOR TO
RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY_
1. The applicant shall submit a lot line adjustment survey showing the existing and
proposed lot line,and legal descriptions of the parcels for review and approval by the
Engineering Department. STAFF CONTAkOL John ilag .an, Engineering
Department(639-4171).
.2Concurrent with the lot line �a,�t:.^ent� e «.he r �s...n
).'... .,y,. ayyuwP.t - salliuut separate
legal descriptions for the portions of the 10 foot wide easement to be-dedicated,and
to be vacated,for review and approval of the Engineering Department.
S'T'AFF CONTACT: Jo-a flagman,Engineering Department(639-4171).
.= 3.. Also concurrent with the lot iine adjustment Survey the applicant s"nall submit a
completed application, includingfees, for the vacation of the portion of public
pedestrian easement that is to be deleted from Lot 8.
4. 'Ybe lot line adjustment survey,and the new 10 foot wide pedestrian easement shall
be recorded together.
THE FOLLOWING CONDTI ION( )SHOULD BE REO TTRFD PRIOR-TO ISSUANCE
OF CERTIFICATE OF OCCUPANCY FOR L T 9-
1. Provide the Engineering Department with a recorded mylar copy of the final survey;
NOTICE OF DECISION-STEWART/RENAISSANCE MIS 94-0012' PAGE 1