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79-020481 ~ Garden Place ~ Beaverton-Tigard Highway No. 217 79020481 CITY OF TIGARD, OREGON ORDINANCE No. 79-Z-2— AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF SW GARDEN PLACE (STREET) DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that Resolution No. 79-42 was adopted by the Council on March 26, 1979, relating to the vacation of the hereinafter described dedicated unopened portion of a public way and that a public hearing was thereby called to be held on May 14, 1979, and that notice of said bearing was given as required by Chapter 271.110 O.R.S. as set forth in said resolution. Sect-!*on 2 : The Council further finds that a public hearing as thereby called to be held, was duly and regularly held at the regular Council meeting on May 14, 1979, at which time and place the Council afforded all interested persons an opportunity to be heard for or against the proposed vacation of said lands, the Council further considered all objections thereto. Section 3: The Council further finds that a majority of the owners of the area affected by said proposed vacation, computed on the basis provided by Chapter 271.030 O.R.S., did not object thereto in writing and that owners affected hereby did, in fact, favor the vacation of said area; and the Council finds that said vacation will not substantially affect the market value of any abutting property. Section 4: The Council further finds that the public interest will not be prejudiced by the vacation of the hereinafter described lands and that the said lands are not useful as part of the public street or road system of the City of Tigard and that it is in the public interest that said vacation be approved. Section 5: The Council further finds that the City recording officer has filed in her office a certificate showing that all city liens and taxes, if any, C� have been paid on the lands proposed to be vacated. Section on 6 : The following described portion of dedicated unopened street be and the same is hereby vacated and discontinued as a public way for the full ?Fi cf �!Z-f.d 0 t4-n- Of Street : As described in Exhibit "A", attached hereto and by reference made a part hereof. Section 7: That the City Recorder be, and she is hereby authorized and directed to have a certified copy of this ordinance filed for record with the following 7,.ashinQton County departments: U 1. Department of Records & Elections 2. Department of Revenue & Taxation - Attn: Assessor 3. Department of Public Works - Attn: County Surveyor all as required by Chapter 271.150 O.R.S. ORDINANiCE No. 79-,-f7 No. /V-J/ 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. 79-37. III 14TT TNE S S 1,:17T'r - T have hereunLo set my hand and seal of the City of 11 , — EC)f -L Tigard this Ig day of 1979. TJ City Recorder or PAGE 2 ORDINANCE No. 79--,37 11 4 / h Section 8: 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 1d�.1lty.Lt r >ux vote of all Council members present, after being read two times by number and title only, this day of 1979. Re order APPROv`Elj This rA' day of /��( , , 1979, by the Mayor. `'IY a or STATE OF OREGON) ) ss. City of Tigard ) I, DORIS HARTIG, hereby certify that I am the duly appointed, qualified and acting Recorder of the City of Tigard, Oregon. I further certify that I have compared the herewith copy of Ordinance No. 79-37 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. 79-37. ITTTT'� "(/0 Y,TT?T+T)EV'F I 1. 1 _ y t ,r_i 74T' l' i,ET-'.x:,vr i have hereunto set aiy 'Crani.. afid sea.'! of Lhe City of Tigard this � day of 1979. 4.7 `F �•. .p� •� $ City Recorder PAGE 2 ORDINANCE No. 79- .39 _ x x41 E) I N' DESCRIPTION Roadway to be vacated Real property situated in the City of Tigard, County of Wash- ington , Stat; of Orecon , being a portion of the Northwest . .uarter of the Northwest ouacter of Section 1, Townshi 2 South , Range 1 West of the Willarnette Meridian, described as follows BEGINNING at a point on the North line of the William Graham D.L.C. 39 , said Point- bears Scuth 8211153 ' 40" East 25 . 12 feet from th,- Northwest corner o said Griham D. L.C. ; thence f rom said point of beginning , along the ;-,Iesterly line of S.W. GARDEN PLACE, ,North 20*.10 ' 00 " West 418. 63 fee- ; thence North 44037 ' 00" East 55 . 27 feet to the Easterly line of S.IVJ. GARDFN PLACE; thence along said line South 20'10 ' 00" Last 40 . 52 feet; thence South 60049 ' 50" East 44 . 06 feet; thence North 84'24 ' 27" East 158, 44 feet; thence Nor? h 25* 31 ' 33" East 26 . 90 feet; thence North 200 25 ' 45" West- 34 . 87 F,-ct ; thence North 69' 34 ' 15" Fast 60 . 00 feet; hence South 2002545 " East 476 . 33 'Li-et ; thence South %OJ-2s53140" East 474 . 44 feet ; thence north 17"58 ' 50" East 69 . P,5 feet to the Scuthwesterly right of way Line of the PrAVFPTC.')LJ TIGARD HIGH- t--'AY (State Highway 217) ; thence along said line South 35014130" East 60 . 42 feet ; thence leaving said line South 47058 ' 501, West .L' 90 - 15 feet to the North lino of said Graham D.L-C- ; thence along said line North 82'53 ' 40" West 538 . 24 feet ; thence leaving said Line North 20025 ' 45" West 402 . 29 feet; thence South 840241271F 218. 68 fc-et to the Easterly line of said S .W. Garden Place; thence along said line South 20 ' 10 ' 00" East 347 . 26 feet to the North line of said Granum D . L .C- ; thence along said line North 82 '53' 40" test. 45 . 00 feet to the Point of Beginning. C.':­tain in:g 2 - 17 P-1--res more or STATE OF OREGON County of Washington SS 1, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. ROGER THOMSSEN, Director of Records&Elections ORDINANCE No. 79- ,21"-' MAY 29 la 13 AM 19 73 q 7,> WASHINGTON COUNTY DEPT. OF RECORDS & ELECTIONS Room- 104 Administration Bldg. Hillsboro, Oregon 97123 Phone (503) 648-8891 CASE NO. DATE t4 RECEIVEDOF ITEM CASH CHECK AMOUNT COMPLAINT ANSWER PROBATE MARRIAGE LIENS COPIES TRIAL & REPORTER TOTAL AMOUNT 2 0587 Received By: 12. ORDINANCE No. 79-36 AN ORDINANCE AMENDING ORDINANCE NO. 79-12 WITH RESPECT TO THE EXHIBIT "A" LEGAL DESCRIPTION FOR AN APPLICATION BY MR. WILLIAM A. GODWIN FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT 9325 S.W. NORTH DAKOTA STREET, AND DEPICTED ON WASHINGTON COUNTY TAX MAP IS1 35AC, TAX LOT 500, FROM WASHINGTON COUNTY "RU-4" TO CITY OF TIGARD "R-7" SINGLE FAMILY RESIDENTIAL AND ADOPTING A REVISED EXHIBIT "A" AND FIXING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. (a) Planning Director requested Council adopt Ordinance No. 79-36 which amends Ordinance No. 79-12 by correcting the legal description. (b) Motion by Councilman Brian, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council. 13. APPROVAL OF TEMPORARY SALES OFFICE - Canterbury Woods/Hoffman & Hoffman, Inc. to be located at 14988 SW 109th Avenue. (a) Planning Director noted the request was for a sales office and recommended approval. (b) Motion by Councilman Brian, seconded by Councilman Cook that a one year permit be granted. Approved by unanimous vote of Council. 14. APPROVAL OF' TEMPORARY SALES OFFICE - Morning, Hill Sul.)cIi-viFion/WE,dgp-wcioei. Homes (a) Planning Director stated the requested sales office was to be located at 11990 SW Morning Hill Drive with restroom facilities to be located at 11925 SW Morning Hill Drive and at the model homes. Planning Director noted concern regarding location of sales office and suggested Council consider a one year permit with the stipulation that if any written com- plaints are received by the City, it would result in immediate revocation of the permit. (b) After lengthy discussion by Council, Staff and Mr. Mike Beardsley of Wedge- wood Homes, Councilman Cook moved to grant a one year permit for a temporary sales office at 11990 SW Morning Hill Drive. Motion seconded by Councilman Brian. Approved by unanimous vote of Council. PUBLIC HEARINGS 8:00 P.M. 15. PROPOSED VACATION OF A PORTION OF SW GARDEN PLACE (STREET) A DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (a) Public Hearing Opened (b) Planning Director noted location for Council. 0 (c) Public Testimony No one appeared to speak. Page 3 - COUNCIL MINUTES - MAY 14, 1979 (d) Planning Director re—immended approval. (e) Public Hearing Closed. (f) ORDINANCE NO. 79-37 AN ORDINANCE VACATING UNOPENED PORTION OF SW GARDEN PLACE (STREET) DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD$ WASHINGTON COUNTY, OREGON. (g) Motion by Councilman Cook, seconded by Councilman Scheckla to approve. Motion L jjApproved by unanimous vote of Council. 16. ANNEXATION OF ISLAND (BUSH ANNEXATION) - A Request by the Tigard City Council to annex all properties abutting SW Summercrest Drive and SW Summer Street, west of SW 121st Avenue. (The area that is an island surrounded by the City of Tigard) . (a) Public Hearing Opened (b) Public Testimony Proponents: Dorothy Bailey, 12420 SW Summercrest, questioned Council about advantages of being annexed. Nancy Robins, 12185 SW Summer Street, questioned Council regarding school district boundaries and expressed desire to be in the Tigard School District Harold Busch, 12205 SW Summercrest Drive, noted concerns regarding septic tank failures and requested Council take action to annex island. Mayor Mickelson and Council answered questions of citizens noting that the advantages of annexation were sewer service, street lights, police protection, library, street improvements and parks. Opponents: No one appeared to speak. (c) Public Hearing Closed Motion by Councilman Cook, seconded by Councilman Brian to instruct staff to prepare necessary papers for consideration of annexation. Approved by unanimous vote of Council. Councilman Scheckla voting Aye for health reasons only due to septic tank failures. 17. ZONE CHANGE - Way Lee Property on S.W. 69th Avenue. (a) Tabled from the April 23, 1979 meeting. (b) Motion by Councilman Cook, seconded by Councilman Brian to remove item from the table. Approved by unanimous vote of Council. Page 4 - COUNCIL MINUTES - MAY 14, 1979 HAy 17, 1979 Roger Thomsser. 150 North ; !rot: Hillsborc, Ors7on OKI',; Dear Mt. Thorsscr! Enclosed A a cbech En tht woc;v of 140.5n te cover rLe veccr&&L n tor follawir7 Ordinenns Yo. 79-37 - Vardor Oark Place Oacation K.00 recordinc fee � 0 .50 OnnupeyK fee Street PpOicarTon - William Vqlvorsoi - 59.00 Sewer Fps-wnt - Gniver-Ortmaker - $9.00 Buser Fasenent - Glaubke - 09.00 ?lease forwarn W T=vgor's naq of Orninanc, No. jy-T to We ViVe. !bank you for ,rt 7w assiont "i ooria Harck City Recorder DH:lw Enc. My 11, 1979 Mr. Rona!,a Uestern Racquet CIA, loc. 3785 SW Beaverton MIMS My . POTLImAd, Gre�� -704 . Re: StILOC Y.M. 1 Alo'r. 7ar! 117 OnAnois Center Dear Mk. , hre. The Tigaru 01 : ,avil arhrivY ths requcsted stren n—vilqn -v ME regular meeting of Hay 14, 1279, Me, thn orlinance is recard,A -W "nahl—fir County, we will . Enclosed A a ch ch 1, ch" i7i�ra Y t 1A.K 7eM" n? Following is a htv&Car� vA -rn77. 113.50 $70 !�'Tny-fin If YOUN;Z!, �'OOVQO a plea. Tn") fri- r' _..£.:_ me. Doris Hartiz City Recorder DO UP- Enc e } MMarch 27, 1979 Hr. -Ronald G. -;Aore Vestern Racquet Clubs, 1n-c e 8705 SW Beaverton. Hillsdale Hwy Portland, Oregon 971201 Subject: Street Vacation Petition Park 217 Business Venter Dear 11-r. Nore s Please be advised the Tigard City Council approved your petition S.U. Place en for vacation 'of a Portion of ��. . ardea"' k: d set a public hearing fo S Z10 P y Monday-p, 1 , X S7 1� a-t the- 'Lecture Zoon of orale tt L3v = =z t5�, ��} �o:?. s' Yi?F� e?ae , T Isard, Oregon.. If you have any questions regarding the above, please feel free to contact Me Sincerely Doris Hartig City Recorder Mi.,Im AFFIDAVIT OF POSTING In the Matter of the Proposed Vacation of SW Garden Place (Street) STATE OF OREGON County of Washington) ss. City of Tigard I, Richard W. Cettel, Jr. being first duly sworn, on oath depose and say: That I posted in the following public and conspicuous places, a copy of Notice of Public Hearing of the Public Hearing Notice for the Vacation of a portion of SW Garden Place copy of said notice being hereto attached and be reference made a part hereof, on the 12 day of April 19 79. 1. On SW Garden Place 900 feet south of the intersection of SW Pacific Highway & SW Garden Place. 2. On SW Garden Place, 900 feet south and 300 feet east of the intersection of SW Pacific Highway and SW Garden Place. 3. On SW Knoll Drive on a Por-ftLnd General Electric Co. power pole, Map 21-1 Pole No. 3299. 4. On SW Hunziker Street on a PGE Co. power pole, Map 21-1, pole No. 2502. 5. On SW Hunziker Street on a PGE Company power pole, 500 feet west of Pole No. 2502, Map 21-1. Subscribed and sworn to before mes 1�da -3L ,5 if J�prilZ l y 19--7-9 r Nollary Public for Oregon Affidavit of Posting My Commission Expires: 11-06-81 CITY OF TIGARD $70.40.` �.__ . __._- /f ��� CITY OFyTIGARD A I ;'s JTICE OF PUBLIC HEARING' AFFIDAVIT OF PULPLICA,TION SON P�120P0'SRD VACATION,' A: ;PORTION,OF."SW„GARDEN PL'ACE', I STATE OF OREGON, t (STREET,) A DED'I'CATED. PUBLIC'." I COUNTY OF WASHINGTON I ss. '?RIGHT OF-WAY IN THE CITY OF°TI ` ' ''CARD, ,-WASHING"TON„ :COUNTY, 't a Joseph Schafer Pursuant to 'resolution o`f,,the 'City' I. .................................................._._._._._._........_...___.__._. Council of"Tigard; adopted`"March'26,',j 1979under,,authority ;of Chapter .� k�eing first duly sworn, depose and say that I am the publisher ..._.............._____._.._. .', 271.134 `'Oregon ':Rebised Statutes;' a public; hearing will be held by.the' ................... of The Tigard Times, a newspaper of general circulation, as defined Couheilof..Tigard k;8:00,p:m.on'Mon ' day, May 14; 1979; at Fowler,Junior ' by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and 'High School`, Lecture`Room, 10865`.SW .{ Walnut Street;Tigard;Oregon,with`_re state; that the legal notice, a printed copy of which is hereto annexed, was s`pect to the'proposed vacation"of•the " following described partiomof SW Gar- '+ '_ den.Place, Street a dedicated"publie`", published in the entire issue of said newspaper for ___..--.__ ........ successive and right-of-way"'';iii'%the City,"of .Tigard; , consecutive weeks in the following issues ...._....................... ... • Washington EXHIBIOrAe" April 11, 18 & 25 and May Z & 9, 1979 .DESCRIPTION ............................__...•_..-__.---__-__--- Roadwa to,be vacated — — -.... - -...__.-._ _ 'I ... and pGount Y g Y 'situated m`the City oPTi , nn ty - --- I,_ _ of Washin t,t State,of `� - _. , g ( gnat�ne) Oregon, being:a portion of the North I west Quarter of the Northwest Quarter 10th of Section 1,Township 2'South,Range Subscribed and sworn to before me this __......•...__.._-_...-....._...._... day of _........._. 1`West i6f the Wiliamett6, eridian;de scribed as follo�ys ; WEST ?N F�AGPUEr T��- L p E� Amu Tl-;N(33 c ms' 515S SM. 5E VEN=N - HILUSC)A' c H'NY T07#L AeE•A of 0\W-aGc, rtY S"C)K LANla OR 97 U NSA ' 9 ,(o-7 K, 4 114- i!>4-00 KC%1�fiN� \ iS NAIL� iC TfUSTEF .:WARDEN GARK=- W GfNG- KAMS5 �chEVFOLE-i r...C7. MPANY--- - __ 55411-D-411 0.7s, AG. •- �: O Fl-or,:= M. 4- J.'m Wim! ll&6O �.W, T-t-G,f=c Hwy 2,85 Ate, T 0t\90, OR `;-7223 ,�. I 'y AAN:.= GRQNOAUM i LOU le W. raERTNA CHRISTEN ; 1+:58-A uGaN S HE:3c Kt-A �Z �Ci ' GG�.IO AG. 1-1WY ( � IGARD . ci�223 e�(201 . F, 0! - x,11 � HAl`!s iJN13AUM ).Cv7 AG � ` . .K0IJTE 2"7 50}X 75 { ` r SH ERW p, CF, X71 ... ...... 1 , -r 1• ;' '`r'- �:.. `-- '`' Vii;85 4.VY. I�a�AI br-Ls�`ALE_ 1, 5F` 110 Vr......, , �`ZN RAv�.l_T .a...J��, INC,. U� _ . -- --_ _ Y � `� H WY Z_AT_L�,;�10J c'i�, 9 72��5 aC�OC7 - WAKKEN G. ANtiE M. GrwG k Y /^yam /j T�` 1 i L _�_ ?Jr/•70V 15 Guy ;�TEi1 l ' IYI M. + i. N. 1L-i.+i t - t- F.,• F .,y; r ` c , � . W II _ . Loui /{A _.__ _ T v-� I 17�. J --- t- �rIEFRM (D 0,,X 0& -1-7140 TiOPie J, 014, ` 7223 - - } ' 11_UAMS _- i2a`10 S '•N, fCNOLI UR. TIOA\RD) OK 97223 c�.13c�0 55 Ck� t'G. _ 7w. RT13 TK-STE.S / 82Nd HUN. ..KEIZ CzUAC�. �Gl`1CaC� , r2 EUZtX3. � ` � � , T►t�A�, ��`1�2�....a X200 Gl14 eoG of r_o��oo LC2G,U \ %• 4`�k!�•. 1 NCORTH00 \ CITY OF TIGARb NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF A PORTION OF S.W.. GARDEN PLACE (STREET) A DEDICATED PUBLIC RIGHT- OF-WAY TN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution of the City Council of Tigard, adopted March 26, 1-979, under authority of Chapter 271.130 Oregon Revised Statutes, a public hearing will be held by the Council of Tigard at 8:00 P.M. on Monday, Mayall 1915� at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon, with respect to the proposed vacation of the following described portion of S.W. Garden Place (Street) a dedicated public right-of-way in the City of Tigard, Washington County, Oregon. X 4 1 LE!') T DESCRI PTTON Roadway to be vacated Real property situated in the CLLy of Tigard, County Of Wash-- - ington, State of Orecon , being a portion cif the Northwest Northwest Ouarter of Section ';;Laster of the 1, Tos,,rnslhip 2 South , ?�n,ae 1 West- of the Willamette ttleridi an, described-1. as follows BEGINNING at a point on the 'North line of the Williami Graham T).L, C, No . 39 , said point boars South 82'53 ' 40" East 25 . 12 feet fror-,1 the Northwest corner of said Graham D-L.C. ; thence from sa4-d ccint of becinning, along the Westerly line of S.W. 'GARDEN PLACE, No--th 20010 ' 00" West 418. 63 feet. ; thence North 44037 ' 00" East 55- 27 feet to the Easterly line of S.W. GARDEN PLACE; thence along said line South 20'10 ' 00" East 40 . 52 feet , thence Souty) 60' 49 ' 50" East 44 . 06 feet; thence North 84'24 ' 271 " East 158,44 feet; thence Nor, h 25' 31 ' 33" East 26 . 90 feetf thence North 20c, 25 ' 45" West 34 . 187 F-et; thence North 69034 ' 15" East 60 . 00 feet; L - thence South. 20025 ' 45 " East I�r / , 33 fret : thence South 820D3140" East 474 . 44 feet ; thence North 47'58 ' 50" East 69 . 85 feet to the Booths esterly right of way line of the. F'FAVEPTON TIGARD F-I(;H- te Highway 217) ; thence ziloricr said line 'South 35 '14 ' 30" 's- 60 . 42 feet ; thence leavincT said line South 471581501, 90 . 15 feet. to the North linc of I said Graham D- L-C . ; thence along sal,-i line North 82'53 ' 40" !Test 538 . 24 feet; thence leaving said- - - 2402, ' 77 " 2 5 5 1 218 . 68 Ec�eo t tthe e Easterly line of said S .C,!. Garden Place ; thence along said line South 20110 ' 00" East 347 . 26 feet to the North line of said Graln,­im D . L-C - ; thence along said line North 82 ' 53 ' 40" West 145 . 00 feet. to the Point of Beginning. Containing 2 _ 17 Acres more or Icss. Any against objections or remonstrances said proposal to vacate said areas 3 may be made in writing and filed with the City Recorder prior to the date of the hearing, and all objections filed prior to the date of hearing will be heard and considered z' o . and any Person having an interest in the proposal may likewise verbally be heard at said time and place. By order of the City Council of Tigard, this day of March, 1979. F Q 4e r Ts V Ao X60 ) NO �y r ac M pt 44 G �r N � a `�'x.T•y 1 1 � � w\111\\ 1 1 i �DA-) G CD CITY OF TIGARD, OREGON RESOLUTION No. 79- 41 Z-- A RESOLUTION CONCERNING VACATION OF A PORTION OF S.W. GARDEN PLACE (STREET) DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the area described on the attached sheet headed "Exhibit A", and by this reference made a part hereof, is dedicated to the public for highway purposes; and, WHEREAS, the areas described on said Exhibit "A" lies within the corporate boundaries of the City of Tigard, Oregon; and, WHEREAS, said described area does not serve a public purpose and is so situated as to be of no usefulness now or in the future as part of the public street system of the City; and, WHEREAS, it appears to be in the public interest that said area be vacated and restored to the tax rolls and made available to development and use; and, WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners have petitioned for the initiation of vacation proceedings as authorized in Chapter 2/71 ORS. NOW, THEREFORE, BE IT RESOLVED by the City Council of Tigard, as follows: (1) "That the public hearing is hereby called to be held by the City Council of Tigard on Monday, May 14, 1979, at Lecture Room, Fowler Junior High School, 10865 S.W. Walnut Street, within the City of Tigard, beginning at 8:00 P.M., 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 lands. (2) "That the City Recorder be, and she 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 purposes, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first puh[ Lcatiou to be made on the 4th day of April, 1979, �-.tacl once each week thereafter for five publishings in all. The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form hereto attached, at or near each end of the area(s) propos6d to be vacated, and in addition, the Recorder shall post a copy of said notice in at least two (2) conspicuous places within the area(s) proposed to be vacated, all of said postings to be accomplished within the time herein stated. RESOLUTION No. 79-// (3) "That the particular portion of dedicated roadway proposed to be vacated is described on the attached sheet headed "Exhibit A", and is illustrated on the attached sheet headed "Exhibit B", and by this reference made a part thereof." PASSED by the Council on the 2(o day of /tju,,,c L�� , 19x. Mayor ATTEST: City Recor er Page 2 RESOLUTION No. 79- CF 2- CITY OF TIGARb 1 1 NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF A PORTION OF S.W. GARDEN PLACE (STREET) A DEDICATED PUBLIC RIGHT- OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution of the City Council of Tigard, adopted March 26, 1979, under authority of Chapter 271.130 Oregon Revised Statutes, a public hearing will be held by the Council of Tigard at 8:00 P.M. on Monday, May 11, 1979, at Fowler Junior High School, Lecture Room) 10865 S.W. Walnut Street, Tigard, Oregon, with respect to the proposed vacation of the following described portion of S.W. Garden Place (Street) a dedicated public right-of-way in the City of Tigard, Washington County, Oregon. EXPI B17-A" DESCRIPTION Roadway to be vacated Real property situated in the City of Tigard, County. of Wash- ington , state of orecron , being za portion of the Northwest �'-uarter of the Northwest Quarter of Section 1, TownsbiD 2 South , Rance 1 West of the Willamette Meridian, described as follows : BEGINNING at a point on the North line of the William Graham D.L.C. No . 39 , said point bears South 82053 ' 40" East 25 . 12 feet from the Northwest corner of said Graham D. L.C. ; thence from said point of beginning, alona the Westerly line aE S.WGARDEN PLACE, North 20'.10 ' 00" West 418 . 63 feet ; thence North 44037 ' 00" East 55 - 27 feet to the Easterly line of S .W. GARDEN PLACE; thence along said line South 20'710 ' 00" East 40 . 52 feet ; thence South 60' 49 ' 50" East 44 . 06 feet; thence North 84'2412711 East 158. 44 feet; thence %or! h 25" 31 ' 33" East 26 . 90 feet; thence North 200 25 ' 45" Wes,--- 34 . 87 Fret ; thence North 69'34 ' 15" Fast 60 . 00 feet; 82'53 ' 40' 7;, n South thence South 2002545 "' East 115 . 33 LE-�,et; the ce , out, East 474 . 44 feet ; thence North 47'58 ' 50" East 69 . 85 feet to the Southwesterly right of way lAne of the EFAVFRTON TIGARD F,IGH- 217) ; thence along NAY (State HighwZy I said line South 35'14 ' 30" East 60 . 42 feet ; thence leaving said line South 471581501, West 90 . 15 feel- to the North linc of said Graham D.L-C- ; thence along said line North 82`53 ' 40" T-lest 538 . 24 feet; thence leaving said line North 20025 ' 45" Tlest 402 . 29 feet; thence South 84424 ' 27" V--est 218- 68 fc9t to the Easterly line of said S .W. Garden Place; thence along said line South 20010 ' 00" East 347. 26 feet to the North line of said Grabim D. L .C . ; thence along said line North 82053140" West 45 - 00 feet to the Point of Beginning- Containing 2 . 17 Acres more or less. Any objections or remonstrances against said proposal to vacate said areas may be made in writing and filed with the City Recorder prior to the date of the hearing, and all objections filed prior to the date of hearing will be heard and considered, and any person having an interest in the proposal may likewise verbally be heard at said time and place. By order of the City Council of Tigard, this day of March, 1979. City Recorder TT Piiblic April 11, 18, 25, 1979, May 2, 9, 1979 • 4 T • v' b n C a t w li f u? y yA_' 1'a:_• R'G3' u C �s'a•. f •r u v r y 9S� r n: 1 3 r, 1 i. w t•1 � �s 9r ,r 6` 969 \5 n • +ar��' LJ u_ 4, EXHIBIT. §a WESTERN RACQUET CLUBS, INC. 8785 SW Beaverton Hillsdale Highway Portland, Oregon 97201 January 17, 1979 Ms. Doris Hartig, City Recorder City of Tigard 12420 SW Main Street Tigard, Oregon 97223 Subject: Street Vacation Petition Park 217 Business Center Dear Ms. Hartig: Western Racquet Clubs, Inc. is submitting this letter to formally request vacation of a portion of SW Garden Place located south of SW Pacific Highway and east of SW Hall Boulevard in the City of Tigard. Western Racquet Clubs, Inc. is owner of 74 percent of the property abutting the proposed vacation. A complete description of the ground proposed to be vacated is included in the exhibits to the attached Consent to Property Owners. The ground proposed to be vacated will be incorporated into the proposed Park 217 Business Center, a planned development approved by the City of Tigard Planning Commission and City Council. Included in the General Development Plan (copy attached) is a new public right-of-way connecting the pro- posed south terminus of SW Garden Place to SW Hall Boulevard. Other roads included in the development plan will be pri- vately owned with public access. Attachments include the following: 1. General Development Plan 2 . Consent of Property Owner with Exhibits Thank you for your assistance in this matter. Sincerely, WESTERN RACQUET CLUBS, INC. nald G. Mo Secretary /clw Enc. ti We, the undersigned, consent to the vacation of part of Southwest Garden Place as described on the attached exhibits. Property Tax Assessment Account Number Name/Addresses Signatures A-21108-0200 Western Racquet Clubs, Inc. A-21108-0201 8785 S.W. Beaverton-Hillsdale A-21108-0300 Highway '/v A-21108-0800 Portland, Oregon 97201 A-21108-1100 A-21108-1110 A-21108-0400 The Beroud O-Halloran A-21108-0401 c/o Marie B. Louis 1145 S.W. Majestic Lane Tigard, Oregon 97223 A-21108-0400 Knauss Chevrolet Company A A-21108-0411 11880 S.W. Pacific Highway , rl', Tigard, Oregon 97223 A-21108-0900 John Scheckla c/o Knauss Chevrolet Company 11880 S.W. Pacific Highway Tigard, Oregon 97223 A-21109-0100 U.S. Natural Resources Inc. A-21109-0110 P.O. Box 23038 Portland, Oregon 97223 A-21109-0200 E.W. and Patricia DeKoLng P.O. Box 23038 Portland, Oregon 97223 A-21109-0300 Florence M. Williams 12360 S.W. Knoll Drive Tigard, Oregon 97223 A-21109-0301 Warren C. and Anne M. Craig 12360 S.W. Knoll Drive Tigard, Oregon 97223 if A-21109-1500 Florence M. and J.W. Williams 12390 S.W. Knoll Drive Tigard, Oregon 97223 A-21110-0100 Doris Hartig Trustee A-21110-0101 8260 S.W. Hunziker Road Tigard, Oregon N A-21110-0300 Rusco Building Products 8015 S.W. Hunziker Road Tigard, Oregon 97223 Exhibits: 1. Vicinity Property Map 2. Plan of proposed roadway vacation 3. Legal description of proposed vacation