84-029930 ~ 67th Avenue ~ Gonzaga Street 04029930
WAIVER OF ACCESS
AGREEMENT
We, the undersigned, Hampton Oaks Office Park Investors,
owners of tax lots 700 and 100, Tax map 231, IAA and Tax
map 231, lAD, attached hereto or Exhibit A and G.F.
Wardin and John K. Wardin, owners of Tax lots 7300 and
7301 Tax map 251, IAA, attached hereto and Exhibit A, being
all the owners of property abutting the portion of S.W.
Gonzaga Street lying between the west line of S.W. 66th
Avenue and the east line of S.W. 67th Avenue vacated by
the City of Tigard, Oregon by Ordinance No. 83-53, attached
hereto or Exhibit B, in consideration of the City of Tigard
vacators Gonzaga Street, Tigard, Oregon and other valuable
consideration receipt of which is hereby acknowledged
expressly waive any and all access rights to our property
from the vacated portion of Gonzaga Street, Tigard, Oregon,
and expressly release the City of Tigard, Oregon from any
claim of any nature whatever pertaining to access to our
property from the vacated portion of S.W. Gonzaga Street,
Tigard, Oregon.
In witness hereof the parties hereto execute their
agreement effective this /tday of March, 1984.
Hampton •ak II
In : 4; i, s, ` nancy
•
I. Dunham, Managing
Co-Tenant
G.F. Wardin
, 4 dr 4-P-1-
ohn K. Wardin
›.1.0
STATE OF Oregon
Lso.
County of.....w.i. ztanWsl
Pers r..e.11y came and appeared before me on the si-7 day of
1984 , G • ' 0 and
ac ow ..!dged the foregoing o be is vo untary ac an. deed.
z
lotary 'u. c or: _,:4P.:7, 'O /- t„
My Commission expites:... 7- 4(-8Z: _
STATE OF OreKon ss.
County of Waghington
Pers'nally came and appeared before me on the day of
1934 , John K. Wardin and
ay,icw-edge. e oregoing to 'be his vOlunia777.,FrEET-TeFT7""
rotary • io or:
My Commission expire8:-..e..4. ./...L‘2.2....,
STATE OP Oregon -
County oTitlgiallidalt::::==) SS
Pel..sonally came and appeared before me on the 13th dcy of
1984 , Gary D. Dunham and
71-anowledged the foregoing7be as voluntn,57 Ear7e. 4747-3..
o ary 6ublic
My Commission expir,s?. LL:Z-e7
STATE OF
ss.
County of
Personally came and appeared before me on the d.P.y of
1984 , and •
TETEM=FFI717-±757iTing
Notary Public for:
of•~.010.9.4..,as.
' My Commission expires:
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STATE OF OREGON)
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City of Tigard )
I , DORIS HARTIG , hereby certify that I am the duly appointed, I
qualified, and acting Recorder of the City of Tigard, Oregon. ( i
E '
1
I further certify that I have compared the herewith copy of
Ordinance No . 2j- s3 of the City of Tigard with the original in my
possession as custodian of the official records of the City of Tigard,,
and that the herewith copy is a correct transcript of the whole of
Ordinance No. ?3 .-..5--_.5
IN WITNESS WHEREOF I have hereunto�/ set my hand and the real of
the City of Tigard this /6 day of /rp(1-,,, bQ-- , 19 83
ity Recorder (77—
*WW 446119'
CITY OF TIGARD, OREGON
ORDINANCE NO. 83-.0
AN ORDINANCE VACATING A PORTION OF SW 67TH AVENUE AND SW GONZAGA STREET, A
DEDICATED PUBLIC RIGHT-OF-WAY, IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON.
Section 1: The Council finds:
1. Resolution No. 83-98, adopted by the Council on October 10,1983,
initiated proceedings for the vacation of a portion of SW 67th
Avenue & SW Gonzaga Street located within the City of Tigard and
shown on the attached map.
2. The purpose of the vacation is to comply with Comprehensive NPO
#4 Plan calling for super blocks. 67th Street immediately to the
north and south has been vacated. Gonzaga Street is unimproved
and the area could be used for parking and landscaping.
3. The vacation is recommended by the City's Development Committee
under the conditions set forth below.
o Reservation of utility easements.
o Mutual access agreement or waiver of access for all properties
abutting said vacation be signed.
4. In accordance with ORS 271.100, the Council fixed a time and
place for the public hearing before the Council; the Recorder
published notice and posted notice in the area proposed to be
vacated.
5. The Council having held a public hearing finds no objections were
made or filed hereto as provided by ORS 271.120.
6. The Council finds that it is in the public interest to approve
the petition, subject to conditions, because no public purpose or
use can be served by the vacated portions of the street and the
vacated portions are too small to qualify for a development
permit. There are utilities within this portion of the street,
however.
Section 2: The City of Tigard Ordains As Follows:
1. All of that portion of SW Gonzaga Street lying between the west
line of SW 66th Avenue and the west line of SW 67th Avenue and
all of that portion of SW 67th Avenue lying between the south
line of SW Franklin Street and the south line of SW Gonzaga
Street as these streets are laid out in the plat of West Portland .
Heights, a recorded plait in Washington County, Oregon, be vacated r=,
subject to the following conditions and restrictions: '1*
a. Nothing contained herein shall cause or require the removal
• ia{
or abandonment of any sewer or gas main, conduit of any kind,
wire, pole or facility used, or intended to be used for any '
public service; and the right hereby is reserved for the owner of
Page 1 o f 2
ORDINANCE NO. 83-6-;--r �"•••/
.
•
- - -.
any such utility or facility to maintain, continue, repair,
reconstruct, renew, replace, rebuild and/or enlarge any and all
such things; that no building or structure of any kind shall be
built or erected within a distance of ten feet from the
centerline of any such utility, except with the prior written
consent of the City Engineer and the owner of the utility and
that any and all contemplated building plans in said vacated area.
shall be submitted for approval to the City Engineer and to the
Building Official, to the end that such construction may be so
adjusted with reference to all public utilities in said area Ls
to cause a minimum of danger or inconvenience to the public and
to the owner of such utility and to protect and preserve the same
as presently constructed or herein reconstructed, renewed,
replaced and/or enlarged.
b. Petitioners shall provide the City Recorder with a mutual
access agreement or waiver of access, for all properties abutting
said vacation.
2. The Recorder shall, at the expense of the petitioners, file with
the County Clerk, County Assessor and County Surveyor a certified
copy of this ordinance and the acceptance thereof, and any map,
plat or other record which may be required by law.
Section 3: This ordinance shall be effective on and after the 31st day after
its enactment by the City Council, and approval by the Mayor.
PASSED: By G/f q f irnow s vote of all Council members present,
after being read by number and title only, this /4/ 74- day
• of /Uvue l9t9✓ , 1983.
/414:‘,644.114._
City Recorder
APPROVED: By the Mayor, this -/y day of -.AguLeidak,er , 1983.
Mayor P.- s, o f Cact c..
Approved as to form:
City Attorney
Page 2 of 2
ORDINANCE NO. 83- 6;1
(DH:lw/1007A)
1
i.g a \\Z" .1..*:.:: kilt 11; . I
4t 11,000
4,' 431-,
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7../." S W. ' . ATLANTA 11,500 5
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DUVALL ST. S.W. .N
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HAMPTON 04
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S t •411 r.4. ---;:.\! :. IS.
/1,000
:Lj � STATE OF OREGON
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4 County of Washington SS
Wilt ST• • a ..
I, Donald W.Mason Director of Assessment
0 and Taxation.and Ex Officio ecorder of Con-
veyances for said county,do hereby certify that
the within instruMe t Of writing was received
infla and recorded in book of records of said county.
r•i �� '�( I Donald W. Meson, Director of :
i '
ASsestmeat end Taxation, Ex-
Officio Chef Deputy Clerk
47 rr(�(t, s} ; , , pi ,: 32
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