99-049066 ~ Fanno Creek Place ~ Upper Boones Ferry Road ' STA�F OREGON
SS
County of Washington.
I, Jerry ftP noftj ireft, .of Assess-
ment and�j'Teana io County
Clerk for.�0 Q� 'q dertify that
the with itrur2o#wr�iQ qua§received
and re rdec 16 lai c_;t1f0Wd :,of said
county
Y i
Jerr Ft Fiaor Director of
"ssarrint33axation, Ex-
Ofk�ids Gc? ny4 lerk
Doc 99099066
Rect: 230198 131.00
09/21/1999 02: 25:56pm
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RETURN RECORDED DOCUMENT TO:
CITY RECORDS SECTION, CITY OF TIGARD
CITY OF TIGARD , OREGON
13125 SW Hall Blvd.
Tigard,OR 97223 ORDINANCE NO. 98- U
AN ORDINANCE CONCERNING THE VACATION OF: 1) APPROXIMATELY 16,174 SQUARE
FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FANNO CREEK PLACE;
AND 2) APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT
TO THE WESTERLY LINE OF LOT 36 OF "FAiNNI O CREEK ACRE TRACTS".
WHEREAS, the Tigard City Council initiated this vacation (Resolution No. 97-48) request pursuant to
Section 15.08.040 of the Tigard Municipal Code at a public hearing held on November 25, 1997; and
WHEREAS,the right-of-way was previously dedicated to the public; and
WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of "Fanno
Creek Acre Tracts" in 1911; and
WHEREAS, SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo
Studd's and Northwest Landscape Industries; and
WHEREAS, the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of"Fanno Creek Acre Tracts" is also undeveloped and not used in any way; and
WHEREAS, the petitioner is requesting that the City of Tigard vacate an approximately 16,174 square foot
portion of SW Fanno Creek Place; and
WHEREAS, the petitioner is requesting that the City of Tigard vacate an approximately 4,914 square foot
portion of an unnamed roadway adjacent to lot 36 of"Fanno Creek Acre Tracts"; and,
WHEREAS,the public right-of-way may no longer be necessary; and
WHEREAS, the vacation was initiated by the City Council and approval has been recommended by the
Community Development Department; and
WHEREAS, all affected service providers, including utility companies and emergency service providers,
have had the opportunity to review the vacation proposal and have no objections; and
WHEREAS, PGE states that they will need easements for any facilities presently in this right-of-way to be
vacated: and
WHEREAS, GTE Telephone Operations has existing facilities that provide service to 15930 SW 74th
Avenue that will require the granting of a utility easement; and
WHEREAS, Unified Sewerage Agency states that there is an existing 8 inch sanitary sewer line within the
proposed vacation area which will require the granting of a public utility easement; and
ORDINANCE NO.98-- i:lci"ide\ord\vacfncrk2.ord
Page t of
WHEREAS, the 30-foot right-of-way is part of a .65 mile (3,460 lineal foot) length right-of-way that is
contiguous to 10 parcels, ; and
WHEREAS, the 30-foot right-of-way extends for an additional .62 miles (3,290 lineal feet) beyond the area
to be vacated and is contiguous to 9 parcels; and
WHEREAS, in 1979 a street vacation had been approved (Ordinance No. 79-63) for an approximately .14
mile (770 lineal foot) segment of this 30-foot right-of-way; nd
WHEREAS, that street vacation (Ordinance No.79-63) was later overturned (Ordinance No.79-115)
because of notification and access issues ; and
WHEREAS,the access issues associated with that 1979 vacation are no longer applicable; and
WHEREAS, all of those parcels have had approved Site Development Reviews; and
WHEREAS, access standards were satisfied for all of the approved Site Development Review approvals
(SDR 88-08) (SDR 88-09), (SDR 90-0009), (SDR 90-0010)without use of the right-of-way; and
WHEREAS, Pacific Realty Associates received site development review approval (SDR 88-08) that stated
that the need for the right-of-way to be used for access appears to be highly unlikely, it is not maintained, it
is a potential eyesore and it would be in the City's interest to have this area maintained in conjunction with
the proposed development; and
WHEREAS, Pacific Realty Associates received site development review approval (SDR 88-09) that stated
that a variance was granted to allow less than the minimum landscape percentage if an arrangement can be
made to use the vacant right-of-way such that the total land area would provide for the minimum landscape
requirement; and
WHEREAS, the City entered into an agreement with Pacific Realty Associates to lease the right-of-way to
allow landscaping and other uses within a .2 mile (1,100 lineal foot) length of the right-of-way that is
contiguous to 2 parcels; and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the
affected area, as required by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the
area to be vacated and published notice of the public hearing; and
WHEREAS,the property owners of the majority of the area affected have not objected in writing; and
WHEREAS, the City Council having considered the request on January 27, 1998, finds that it is in the
public interest to approve the request to vacate said public right-of-way as the public interest will not be
prejudiced by this vacation, as provided be ORS 271.120 and Tti1C Section 15.08.130; and
ORDINANCE NO.98- Lli is\citywide\ord\vacfncrk2.ord
Page 2 of 3 13
WHEREAS, the Council finds that the following condition is necessary to vacate said land:
1. A public and private utility easement shall be provided within the area to be vacated.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of. 1) approximately 16.174 square
feet of public right-of-way commonly known as SW Fanno Creek Place; and 2)
approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "B" and
Exhibit "C".
SECTION 2: The Tigard City Council further orders that the vacation be subject to the following
conditions:
1. A public and private utility easement shall be provided within the area to be vacated.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the
Mayor, and posting by the City Recorder.
PASSED: By _(�f/1�'.n ` �/�i;-? 5 vote of all Council members present after being read by number
and title only, this day of li i� 1998.
61
r,
Catherine Wheatley, City Recorder
<-A
APPROVED: By Tigard City Council this - day of ��I'�/OGS-'u- , 1998.
h
J Nicoli, Mayor
Ap roved as to form:
Certified to be a True Copy of
Attorney RC1' �1� t ,�� P
Original on.file
Date By: 2c�
City R c�or er-City of 119hrd
Date: ._`,
ORDINANCE N0.98- is\citywide\ord\vacfncrk2.ord
Pate 3 of 3 Al
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LEGAL DESCRIPTION
PORTION OF JOB NO. 3950
S.W. FANNO CREEK PLACE 4/23/97 WC
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
E` marr"A"
THAT PORTION OF S.W. FANNO CREEK PLACE (COUNTY ROAD A-138) IN THE
NORTHEAST-QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH RANGE 1 WEST,
WMLAMETTE MERDIAbv WASHINGTON COUNTY, OREGON DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTH CORNER OF TRACT 37,"FANNO CREEK ACRE
TRACTS", A SUBDIVISION RECORDED DEMMBER 2, 1911, IN WASHINGTON
COUNTY PLAT BOOT{ 5' PAGE 14, AND RUNNING THENCE ALONG THE
SOUTHWESTERLY LINES OF TRACTS 37 AND 36 OF SAID"FANNO CREEK ACRE
TRACTS",N.44°37'35"W., 412.16 FEET TO THE EASTERLY LINE OF THE OREGON
ELECTRIC RAILWAY RIGI3T-OF-WAY,25.00 FEET FROM CENTERLINE; THENCF,
ALONG SAID RICHT-OF-WAY UTNE,42.53 FEET ALONG THE ARC OF A NON-
TANGENT CURVE RIGHT, CONCAVE NORTHWEST, THE RADIUS OF WHICH IS
1,457.69 FEET, THE CEN'T'RAL ANGLE IS 1040,18", AND THE LONG CHORD BEARS
S.25031'21"W., 42.53 FEET TO THE SOUTHWESTERLY RIGHT-0F-WAY LINE OF S.W.
FANNO CREEK PLACE (COUNTY ROAD NO. AA 38);THENCE, ALONG SAID FANNO
CREEK PLACE RIGI:TI'-OF-WAY LINE,PARALLEL WITH AND 40.00 FEET
PERPENDICULAR FROM SAID SOUTHWESTERLY LINE OF TRACTS 36 AND 37,
S.44°37'35"E., 381.61 FEET TO A POINT-OF-CURVATURE;THENCE, ALONG THE
RIGHT-OF-WAY LINE OF THAT PARCEL 2 DESCRIBED IN THE STREET DEDICATION
TO THE PUBLIC RECORDED AUGUST 1, 1983,WASHINGTON COUNTY RECORDER'S
r'EE NO. 83-27515, 16.S4 FEET ALONG Tl-:E ARC OF A CURVE RIGHT, CONCAVE
WEST, THE RADIUS OF WHICH IS 14.00 FEET, THE CENTRAL ANGLE IS 67°40'37,
AND THE LONG CHORD BEARS S.10047-177E., 15.59 FEET TO THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF S.W. UPPER BOONES FERRY ROAD (COUNTY ROAD NO.
534130.00 FEET FROM CENTERLINE;THENCg, ALONG SAID S.W. UPPER BOONES
FraRY ROAD RIGHT-OF-WAY LINE,N.49°05'02"E., 48.78 FEET TO THE POINT-OF-
BEGINNING; CONTAINING 16,174 SQUARE FEET,MORE OR LESS; THIS
DESCRIPTION WAS PREPARED FROM THE MAP OF SURVEY NO. 18,823 ON FILE IN
THE WASHINGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY REFERENCE
IS MADE A PART HEREOF.
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EXHIBIT C -
LEGAL DESCRIPTION 93950
30 FT. ROAD 9/10/97 WC
ADJOINING LOT 36
F:k�tNO CREEK ACRE TRACTS
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
EM-HB IT "A"
PA-:T OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST-QUARTER OF
SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
WASHINGTON COUNTY, OREGON, DEDICATED TO THE PUBLIC BY MEANS OF
"FAINWO CREEK ACRE TRACTS", A SUBDMSION RECORDED DECEMBER 2, 1911 IN
WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND DESCRIBED AS FOLLOWS:
ALL OF SAID 30-FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LOT
36 OF SAID "FANNO CREEK ACRE TRACTS" LYING BETWEEN THE
SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE
EXTENDED OF SAID LOT 36; THE WESTERLY LINE OF SAID ROADWAY ADJOINS
'ME 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY AND IS 163.8
FEET LONG.
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VICINITY CASE NO. ;
EXHIBIT MAP � I fAliMO CREEK PLACE
g� ( PUBLIC R.O.W.STREET ,
VACATION
EXHIBIT E
CITY OF TIGARD, OREGON
RESOLUTION NO. 9749
A RESOLUTION INITIATING THE VACATION OF: 1) APPROXIMATELY 16,174 SQUARE FEET
OF PUBLIC RIGHT-OF-WAY CONDIGNLY KNOWN AS SW FANNO CREEK PLACE; AND 2)
APPRO,UNL LATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE
WESTERLY LITE OF LOT 36 OF`F:NaYNO CREEK ACRE TRACTS".
WHEREAS, the right-of-way had been dedicated to the public; and,
WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of"Fanno Creek Acre
Tracts" in 1911; and,
WHEREAS, SW Fanno Creels Place is an unimproved roadway that provides secondary access to Elmo Studd's
and Northwest Landscape Industries; and,
WHEREAS, the approximately 4,914 square feet of public right-of-way adjacent to the westerly Iine of lot 36 of
"Fanno Cre--k Acre Tracts" is also undeveloped and not used in anyway; and,
WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
approximately 16,174 square foot portion of SW Fanno Creek Place; and.
/HEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
approximately 4,914 square foot portion of an unnamed roadway adjacent to lot 36 of"Fanno Creek Acre Tracts";
and,
WHEREAS, the public right-of-way may no longer be necessary; and,
WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Tigard City Council initiates a request for the vacation of: 1) approximately 16,174
square feet of public right-of-way commonly known as SW Fanno Creek Place; and 2)
approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "A" and
Exhibit "B".
Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, January 27,
1998, at 7:30 p.m. at Tigard City Hail, 13126 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 proposed vacating of said public
right-of-way.
RESOLU77ON NO.9 7 Page 1 of_
i..^zrywidek=lvac;ncrkinc '
Nov. 1-197
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 January 8, 1998 and the final publication to be on
January 15, 1998. The Recorder is 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.
Section 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and
Exhibit 'B" and by reference, made a part hereof.
rA
PASSED: This day of,J `1, , 1997.
ayes-City of Tigard
/c 2' n -
City Recorder- City of Tigard
RESOLLMON NO.97 Page 2 of 2
i;�citywidelra\vacfncrk.int
Nov. 13/97
February 14, 1997
CITY OF TIGARD
OREGON
Northwest Landscape Industries
16075 SW Upper Boones Ferry Road
Tigard, OR 97224
Re: Street Vacation Request
To Whom It May Concern:
The Planning Division has received a letter requesting that the City of Tigard initiate
vacation proceeding for public right-of-way generally known as SW Fanno Creek Place.
The documentation submitted with the request is insufficient to process the request.
Enclosed are examples of site plans and legal descriptions of sufficient detail needed to
process a vacation request. Once we receive this information from you, these
documents and exhibits will be included in the City Ordinance which officially vacates
the public right-of-way and is formally recorded. f
If you have any questions concerning this information, please feel free to contact me at
(503) 639-4171.
Sincerely,
William D'Andrea
Associate Planner, AICP
islcurpinVannocpAr
c: Correspondence file
Fanno Creek Place public right-of-way land use file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772
Councilor Hunt asked if the Council could honor an agreement between the two parties on
how to split the land. Mr. Ramis said yes.
Councilor Moore expressed concern that an easement for underground utilities be preserved.
Mr. Ramis said that it was within the Council's discretion to state how that was preserved.
He recommended that Council direct staff to develop broader language to address the issue.
d. Public Testimony
Mayor Nicoli reviewed the hearing procedures.
Rich Ackerman, Northwest Landscape Industries, explained that they had not requested
vacation of the land before because they had not known they could do so. When they
discovered it during a remodeling application, they met with Mr. Studds and decided to
make the request. He stated that, according to a survey done many years ago,two-thirds of
the vacated property went to Mr. Studds, and one-third to Northwest Landscape Industries.
In answer to Mayor Nicoli's question,both parties indicated that a one-third/two-thirds split
was acceptable.
e. Mayor Nicoli closed the public hearing.
g. Staff Recommendation
Mr. Hendryx recommended approval.
g. Council Deliberation: Ordinance No. 98-01
Motion by Councilor Scheckla, seconded by Councilor Rohlf, to adopt Ordinance 98-
01.
The City Recorder read the number and title of the ordinance.
ORDINANCE NO. 98-01, AN ORDINANCE CONCERNING THE VACATION OF 1)
APPROXIMATELY 16,174 SQUARE FEET OF PUBLIC RIGHT OF WAY,
COMMONLY KNOWN AS SW FANNO CREEK PLACE, AND 2) APPROXIMATELY
4,914 SQUARE FEET OF PUBLIC RIGHT OF WAY ADJACENT TO THE WESTERLY
LINE OF LOT 36 OF FANNO CREEK ACRE TRACT.
Motion was approved by majority roll call vote of Council present. (Mayor Nicoli,
Councilors Moore, Rohlf and Scheckla voted "yes." Councilor Hunt abstained.)
> The Council considered Agenda Item No. 8 at this time.
6. DISCUSSION AND CONSIDERATION OF PARTICIPATION IN THE GROWTH
MANAGEMENT CAUCUS
Mr. Hendryx referenced a letter received in December from Judy Hammerstead, Clackamas
County Commissioner, requesting local governments to consider joining the Growth
Management Caucus. He explained that the Caucus was staffed by McKeever Morris and dealt
CITY COUNCIL MEETING MINUTES -JANUARY 27, 1998 - PAGE 5
primarily with Metro 2040 issues, including the Functional Plan and the Framework Plan.
Participation involved at least one Councilor and a staff person, and a fee of$2,500. He said
that the purpose of the Caucus was to focus on hot issues or specific issues of concern to local
governments. He said that staff did not budget for this item.
Mr. Hendryx said that a benefit to participating was gaining a forum to discuss 2040 issues with
other elected officials in the region. He mentioned that Tigard staff already attended a majority
of growth management-related meetings, including the Metro Technical Advisory Committee
(MTAC), MPAC, and the Regional Transportation Planning Group. He said that he thought
Tigard did have adequate coverage on the Metro issues through its staff but that this Caucus
would give the Council a forum to discuss these issues.
Mr. Monahan commented that if the Council did choose to participate, they needed a Councilor
who would regularly attend meetings and work with the other officials in order to maximize the
benefit of this group for the City. Councilor Moore asked if this group had much leverage
power on Metro decisions. Mr. Hendryx said that was difficult to know because he has not dealt
with the Caucus as a recommending body.
Mr. Ramis commented that this was an opportunity for the City to come to the table and
possibly influence the opinion leaders. He mentioned the current court challenge to Metro, and
said that if the City was not at the table, then the legal advisers would be less effective in their
endeavors.
The Council discussed whether or not to pursue this opportunity. Staff said that the meetings
were quarterly and in the evening. Mayor Nicoli supported a Councilor attending the Caucus as
an opportunity to listen to how other cities felt on various issues. Councilor Hunt pointed out
that without a change in the Council method of reporting back from these committees that
Councilors sat on, the Council as a whole was unlikely to get much out of the Caucus. Mayor
Nicoli agreed with Councilor Hunt but commented on the benefits, including the mutual
influence with other cities if they had a representative at the table.
Councilor Moore mentioned his interest in learning what other cities thought on various issues.
He volunteered to represent the City on this committee. Councilor Scheckla said that he thought
that the $2,500 fee was appropriate, given the opportunity to work on inter-governmental
relationships and to have a voice on these issues. Mr. Monahan said that the $2,500 covered six
months. He pointed out that if more communities participated, the fee might be reduced in the
future.
Motion by Councilor Scheckla, seconded by Councilor Moore, to appropriate the funds to
continue with this endeavor.
Motion was approved by majority voice vote of Council present. (Mayor Nicoli, Councilors
Moore, Rohlf and Scheckla voted "yes." Councilor Hunt abstained.)
Mr. Monahan said that staff would return with a budget adjustment in February.
> Mayor Nicoli recessed the meeting for a break at 8:52 p.m.
> Mayor Nicoli reconvened the meeting.
CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 6
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PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the
appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the
Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be
two minutes or less. Longer matters can be set for a future Agenda by contacting
either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying
be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda
items can be heard in any order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and
should be scheduled for Council meetings by noon on the Monday prior to the
Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD -
Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing
impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is
important to allow as much lead time as possible. Please notify the City of your
need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone
numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD -
Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - JANUARY 27, 1998 - PAGE 1
AGENDA
City Council Business Meeting
6:30 pm January 27, 1998 - 6:30 p.m.
• Study Session
> EXECUTIVE SESSION: The Tigard City Council will go
into Executive Session under the provisions of ORS 192.660 (1)
(d), (e), & (h) to discuss labor relations, real property
transactions, current and pending litigation issues. As you are
aware, all discussions within this session are confidential;
therefore nothing from this meeting may be disclosed by those
present. Representatives of the news media are allowed to
attend this session, but must not disclose any information
discussed during this session.
> AGENDA REVIEW
7:30 pm
1. BUSINESS MEETING
1.1 Call to Order- City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications/Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
3. CONSENT AGENDA: These items are considered to be routine.and
may be enacted in one motion without separate discussion. Anyone
may request that an item be removed by motion for discussion and
separate action. Motion to:
3.1 Approve City Council Minutes: December 24, 1997
3.2 Approve Reimbursement District Application Fee-Resolution
No. 98-
3.3 Approve Appointments of Craig Dirksen and Gene Farnstrom to
the Budget Committee and Nick Wilson and Jim Castile to the
Planning Commission - Resolution No. 98-
Consent Aaenda - Items Removed for Separate Discussion:
Any items requested to be removed from the Consent Agenda
for separate discussion will be considered immediately after the
Council has voted on those items which do not need
discussion.
COUNCIL AGENDA - JANUARY 27, 1998 - PAGE 2
4. VISIONING ANNUAL REPORT
• Staff Report: Assistant to the City Manager & Management
Analyst/Risk
S. PUBLIC HEARING (QUASI-JUDICIAL): VACATION PROCEEDINGS
FOR APPROXIMATELY 16,174 SQUARE FOOT PORTION OF SW
FANNO CREEK PLACE AND APPROXIMATELY 4,914 SQUARE FEET
OF PUBLIC RIGHT OF WAY ADJACENT TO THE WESTERN LINE OF
LOT 35 OF "FANNO CREEK ACRE TRACTS"
a. Open Public Hearing
b. Declarations or Challenges
C. Staff Report: Community Development Department
d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal)
e. Council Questions
f. Close Public Hearing
g. Staff Recommendation
h. Council Consideration: Ordinance No. 98-
6. DISCUSSION AND CONSIDERATION OF PARTICIPATION IN THE
GROWTH MANAGEMENT CAUCUS
• Staff Report: Community Development Director
• Council Discussion & Consideration
7. CONSIDER REQUEST: CITY MAINTENANCE OF PRIVATE STREET
LIGHTS
• Staff Report: Community Development Director
8. CONSIDER ADOPTION OF QUASI-JUDICIAL COMPREHENSIVE PLAN
AMENDMENT REVIEW CRITERIA
• Staff Report: Community Development Director
• Council Comments/Questions
• Council Consideration: Ordinance No. 98-
9. CONSIDER BUDGET ADJUSTMENT: COMMUNITY VOLUNTEER
ASSISTANT
• Staff Report: Assistant to the City Manager
• Council Consideration: Resolution No. 98-
COUNCIL AGENDA - JANUARY 27, 1998 - PAGE 3
10. CONSIDER ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN
THE ATFALATI AGREEMENT
• Staff Report: City Manager
11. CONSIDER ATFALATI MANAGEMENT COMMITTEE APPOINTMENTS
• Staff Report: City Manager
12. PRESENTATION: METRO STREAM AND FLOODPLAIN PROTECTION
PLAN
• Staff Introduction: Community Development Director
• Presentation: Metro Representatives
13. NON-AGENDA ITEMS
14. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to
discuss labor relations, real property transactions, current and
pending litigation issues. As you are aware, all discussions within
this session are confidential; therefore nothing from this meeting may
be disclosed by those present Representatives of the news media
are allowed to attend this session, but must not disclose any
information discussed during this session.
15. ADJOURNMENT
i Aadm\cathy\cca\980127p.doc
COUNCIL AGENDA - JANUARY 27, 1998 - PAGE 4
EXHIBIT A
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VICINITY CASE NO.
EXHIBIT MAP
AGENDA ITEM# 3.
For Agenda of 1 t l05 tq�
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Initiation of vacation proceedings for: 1) approximately 16,174 square foot portion of
SW Fanno Creek Place; and 2) annroximately 4,914 square feet of public right-of-way adjacent to the westerly line
of lot 36 of"Fanno Creek Acre Tracts". A /
PREPARED BY: William D'Andrea DEPT HEAD OK f /�, CITY ADMIN OK /VNI
ISSUE BEFORE THE COUNCIL
Should the City Council initiate vacation proceedings involving: 1) approximately 16,174 square foot portion of
SW Fanno Creek Place; and 2) approximately 4,914 square feet of public right-of-way adjacent to the westerly line
of lot 36 of"Fanno Creek Acre Tracts".
STAFF RECOMMENDATION
It is recommended that Council initiate vacation proceedings by adopting the attached resolution.
INFORMATION SUMMARY
In the City vacation process of streets, easements and other public dedicated areas, the City Council begins the
process by passing a resolution to schedule a public hearing to consider such requests.
Northwest Landscape Industries is requesting that the City Council initiate vacation proceedings for approximately
16,174 square foot portion of SW Fanno Creek Place and approximately 4,914 square feet of public right-of-way
adjacent to the westerly line of lot 36 of"Fanno Creek Acre Tracts". The approximately 4,914 square foot road had
been dedicated with the platting of"Fanno Creek Acre Tracts" in 1911 and the right-of-way for SW Fanno Creek
Place had already been dedicated prior to 1911. Neither of these right-of-ways has been improved to serve the
public, nor does it appear that these right-of-ways are needed. The petitioner is requesting that the City vacate
these right-of-ways, so as to, incorporate them into developed industrial properties.
Appropriate agencies shall be contacted for comments, prior to developing a report for Council consideration.
Attachments: Exhibit A- (site plan) Exhibit B -(legal description)
Exhibit C - (legal description) Exhibit D-(vicinity map)
OTHER ALTERNATIVES CONSIDERED
Take no action at this time.
FISCAL NOTES
All fees have been paid by the applicant.
iAcitywide\sum\vacfncrk.doc
CITY OF TIGARD,OREGON
RESOLUTION NO.97-
A RESOLUTION INITIATING THE VACATION OF: 1) APPROXIMATELY 16,174 SQUARE FEET
OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FANNO CREEK PLACE; AND 2)
APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE
WESTERLY LINE OF LOT 36 OF"FANNO CREEK ACRE TRACTS".
WHEREAS,the right-of-way had been dedicated to the public; and,
WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of"Fanno Creek Acre
Tracts" in 1911; and,
WHEREAS, SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo Studd's
and Northwest Landscape Industries; and,
WHEREAS, the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of
"Fanno Creek Acre Tracts" is also undeveloped and not used in any way; and,
WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
approximately 16,174 square foot portion of SW Fanno Creek Place; and,
WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
approximately 4,914 square foot portion of an unnamed roadway adjacent to lot 36 of"Fanno Creek Acre Tracts";
and,
WHEREAS,the public right-of-way may no longer be necessary; and,
WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
Section 1: The Tigard City Council initiates a request for the vacation of: 1) approximately 16,174
square feet of public right-of-way commonly known as SW Fanno Creek Place; and 2)
approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "A" and
Exhibit "B".
Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, January 27,
1998, 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 proposed vacating of said public
right-of-way.
RESOLUTION NO.97- Page 1 of 2
i Acitywide\res\vacfncrk.int
Nov. 13/97
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 January 8, 1998 and the final publication to be on
January 15, 1998. The Recorder is 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.
Section 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and
Exhibit "B" and by reference, made a part hereof.
PASSED: This day of , 1997.
Mayor-City of Tigard
ATTEST:
City Recorder- City of Tigard
RESOLUTION NO.97- — Page 2 of 2
i Aci tywide\res\vacfncrk.i nt
Nov. 13/97
EX14IBIT B'�
LEGAL DESCRIPTION JOB NO. 3950
PORTION OF 4/23/97 WC
S.W. FANNO CREEK PLACE
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
E-Nl4Mrr"A"
THAT PORTION OF S.W.FANNO CREEK PLACE(COUNTY ROAD A-138)IN THE
NORTHEAST-QUARTER OF SECTION 13,TOWNSHIP 2 SOUTH,RANGE 1 WEST,
WILLAMETTE MERIDIAN,WASHINGTON COUNTY, OREGON DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTH CORNER OF TRACT 37,"FANNO CREEK ACRE
TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911, IN WASHINGTON
COUNTY PLAT BOOK 5, PAGE 14, AND RUNNING THENCE ALONG THE
SOUTHWESTERLY LINES OF TRACTS 37 AND 36 OF SAID"FANNO CREEK ACRE
TRACTS",N-44037'35"W., 412.16 FEET TO TIM EASTERLY LINE OF THE OREGON
ELECTRIC RAILWAY RIGHT-OF-WAY,25.00 FEET FROM CENTERLINE; THENCE,
ALONG SAID RIGHT-OF-WAY LINE,42.53 FEET ALONG THE ARC OF A NON-
TANGENT CURVE RIGHT, CONCAVE NORTHWEST, THE RADIUS OF WHICH IS
1,457.69 FEET,THE CENTRAL ANGLE IS 1°40'18", AND THE LONG CHORD BEARS
S.2503 V21"W., 42.53 FEET TO THE SOUTHWESTERLY RIGHT-0F-WAY LINE OF S.W.
FANNO CREEK PLACE(COUNTY ROAD NO. A-)38);THENCE,ALONG SAID FANNO
CREEK PLACE RIGHT-OF-WAY LIlJE,PARALLEL"WITH AND 40.00 FEET
PERPENDICULAR FROM SAID SOUTHWESTERLY LINE OF TRACTS 36 AND 37,
S.44637'35"E., 381.61 FEET TO A POINT-O&CURVATURE;THENCE, ALONG THE
RIGHT-OF-WAY LINE OF THAT PARCEL 2 DESCRIBED IN THE STREET DEDICATION
TO THE PUBLIC RECORDED AUGUST 1, 1983,WASHINGTON COUNTY RECORDER'S
FEE NO. 83-27515, 16.54 FEET ALONG THE ARC OF A CURVE RIGHT, CONCAVE
WEST, THE RADIUS OF WHICH IS 14.00 FEET,THE CENTRAL ANGLE IS 67,'40'37 ,
AND THE LONG CHORD BEARS S.10047'I T'E., 15.59 FEET TO THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF S.W. UPPER BOONES FERRY ROAD (COUNTY ROAD NO.
5341 30.00 FEET FROM CENTERLINE;THENCE, ALONG SAID S.W. UPPER BOONES
FERRY ROAD RIGHT-OF-WAY LINE,N.49005'02"E., 48.78 FEET TO THE POINT-OF-
BEGINNING-,CONTAZV NG 16,174 SQUARE FEET,MORE OR LESS; TMS
DESCRIPTION WAS PREPARED FROM THE MAP OF SURVEY NO. 18,823 ON FILE IN
THE WASHINGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY REFERENCE
IS MADE A PART HEREOF.
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EXHIBIT C -
LEGAL DESCRIPTION #3950
30 FT. ROAD 9/10/97 WC
ADJOINING LOT 36
FANNO CREEK ACRE TRACTS
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
EXHIBIT "A"
PART OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST-QUARTER OF
SECTION 13, TOWNSHIP 2 SOUTH,RANGE 1 WEST, WILLAMETTE MERIDIAN,
WASHINGTON COUNTY, OREGON, DEDICATED TO THE PUBLIC BY MEANS OF
"FANNO CREEK ACRE TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911 IN
WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND DESCRIBED AS FOLLOWS:
ALL OF SAID 30-FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LOT
36 OF SAID "FANNO CREEK ACRE TRACTS" LYING BETWEEN THE
SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE
EXTENDED OF SAID LOT 36; THE WESTERLY LINE OF SAID ROADWAY ADJOINS
THE 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY AND IS 163.8
FEET LONG.
CITY OF TIGARD FACT SHEET
13125 SW Hall Boulevard
Tigard, OR 97223
Contact: Will D'Andrea, (503) 639-4171
AGENDA: January 27, 1998
TOPIC: Street Vacation
BACKGROUND: Northwest Landscape Industries is requesting that the City Council
initiate vacation proceedings for approximately 16,174 square foot portion of SW Fanno
Creek Place and approximately 4,914 square feet of public right of way adjacent to the
westerly line of lot 36 of"Fanno Creek Acre Tracts." Neither of these rights of way have
been improved to serve the public, nor does it appear that these rights of way are needed.
The petitioner made this request to incorporate the property into developed industrial
properties. The purpose of this agenda item is to consider the request.
COST: All fees have been paid by the applicant.
iAcurp1n\vacfnck2.doc
` AGENDA ITEM#
For Agenda of
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Vacation of: 1) approximately 16.174 square foot portion of SW Fanno Creek Place:
and 2)approximately 4.914 square feet ofubp lic right-of-way adjacent to the westerly line of lot 36 of"Fanno
Creek Acre Tracts."
i
PREPARED BY: William D'Andrea DEPT HEAD OK 1 CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Should the City Council vacate: 1) approximately 16,174 square foot portion of SW Fanno Creek Place; and 2)
approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of"Fanno Creek Acre
Tracts?"
STAFF RECOMMENDATION
It is recommended that Council approve the vacation as requested.
INFORMATION SUMMARY
Council initiated this vacation at a public meeting held on November 25, 1997 (See Exhibit D, Resolution 97-48).
Northwest Landscape Industries is requesting that the City Council vacate an approximately 16,174 square foot
portion of SW Fanno Creek Place and approximately 4,914 square feet of public right-of-way adjacent to the
westerly line of lot 36 of "Fanno Creek Acre Tracts." The approximately 4,914 square foot road had been
dedicated with the platting of"Fanno Creek Acre Tracts" in 1911 and the r Pub-of-way for SW Fanno Creek Place
had already been dedicated prior to 1911. Neither of these rights-of-way aas been improved to serve the public,
nor does it appear that these rights-of-way are needed. The petitioner is requesting that the City vacate these right-
of-ways, so as to, incorporate them into developed industrial properties.
Unified Sewerage Agency, PGE and GTE Telephone Operations have indicated that there are existing buried
facilities within the right-of-way to be vacated. A condition will be imposed which will require the provision of a
utility easement over the area to be vacated.
Attachments: Exhibit A - (site plan) Exhibit D - (vicinity map)
Exhibit B-1/B-2 - (legal description) Exhibit E - (Resolution 97-48)
Exhibit C-1/C-2 - (legal description)
OTHER ALTERNATIVES CONSIDERED
1. Approve the vacation request.
2. Deny the vacation request.
3. Take no action at this time.
Fanno Creek Place Public R.O.W.Street Vacation is\citv�vide\sum\vacfncr2.doc
Page l of 1
CITY OF TIGARD,OREGON
ORDINANCE NO. 98-
AN ORDINANCE CONCERNING THE VACATION OF: 1) APPROXIMATELY 16,174 SQUARE
FEET OF PUBLIC RIGHT-OF-WAY" COMMONLY KNOWN AS SW FANNO CREEK PLACE;
AND 2) APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT
TO THE WESTERLY LINE OF LOT 36 OF "FANNO CREEK ACRE TRACTS".
WHEREAS, the Tigard City Council initiated this vacation (Resolution No. 97-48) request pursuant to
Section 15.08.040 of the Tigard Municipal Code at a public hearing held on November 25, 1997; and
WHEREAS,the right-of-way was previously dedicated to the public; and
WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of "Fanno
Creek Acre Tracts" in 1911; and
WHEREAS, SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo
Studd's and Northwest Landscape Industries; and
WHEREAS, the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of"Fanno Creek Acre Tracts" is also undeveloped and not used in any way; and
WHEREAS, the petitioner is requesting that the City of Tigard vacate an approximately 16,174 square foot
portion of SW Fanno Creek Place; and
WHEREAS, the petitioner is requesting that the City of Tigard vacate an approximately 4,914 square foot
portion of an unnamed roadway adjacent to lot 36 of"Fanno Creek Acre Tracts"; and,
WHEREAS,the public right-of-way may no longer be necessary; and
WHEREAS, the vacation was initiated by the City Council and approval has been recommended by the
Community Development Department; and
WHEREAS, all affected service providers, including utility companies and emergency service providers,
have had the opportunity to review the vacation proposal and have no objections; and
WHEREAS, PGE states that they will need easements for any facilities presently in this right-of-way to be
vacated; and
WHEREAS, GTE Telephone Operations has existing facilities that provide service to 15930 SW 74th
Avenue that will require the granting of a utility easement; and
WHEREAS, Unified Sewerage Agency states that there is an existing 8 inch sanitary sewer line within the
proposed vacation area which will require the granting of a public utility easement; and
ORDINANCE NO.98- is\citywide\ord\vacficrk2.ord
Paee I of
WHEREAS, the 30-foot right-of-way is part of a .65 mile (3,460 lineal foot) length right-of-way that is
contiguous to 10 parcels, ; and
WHEREAS, the 30-foot right-of-way extends for an additional .62 miles (3,290 lineal feet) beyond the area
to be vacated and is contiguous to 9 parcels; and
WHEREAS, in 1979 a street vacation had been approved (Ordinance No. 79-63) for an approximately .14
mile(770 lineal foot) segment of this 30-foot right-of-way; nd
WHEREAS, that street vacation (Ordinance No.79-63) was later overturned (Ordinance No.79-115)
because of notification and access issues ; and
WHEREAS,the access issues associated with that 1979 vacation are no longer applicable; and
WHEREAS,all of those parcels have had approved Site Development Reviews; and
WHEREAS, access standards were satisfied for all of the approved Site Development Review approvals
(SDR 88-08) (SDR 88-09), (SDR 90-0009), (SDR 90-0010) without use of the right-of-way; and
WHEREAS, Pacific Realty Associates received site development review approval (SDR 88-08) that stated
that the need for the right-of-way to be used for access appears to be highly unlikely, it is not maintained, it
is a potential eyesore and it would be in the City's interest to have this area maintained in conjunction with
the proposed development; and
WHEREAS, Pacific Realty Associates received site development review approval (SDR 88-09) that stated
that a variance was granted to allow less than the minimum landscape percentage if an arrangement can be
made to use the vacant right-of-way such that the total land area would provide for the minimum landscape
requirement; and
WHEREAS, the City entered into an agreement with Pacific Realty Associates to lease the right-of-way to
allow landscaping and other uses within a .2 mile (1,100 lineal foot) length of the right-of-way that is
contiguous to 2 parcels; and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the
affected area, as required by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the
area to be vacated and published notice of the public hearing; and
WHEREAS,the property owners of the majority of the area affected have not objected in writing; and
WHEREAS, the City Council having considered the request on January 27, 1998, finds that it is in the
public interest to approve the request to vacate said public right-of-way as the public interest will not be
prejudiced by this vacation, as provided be ORS 271.120 and TMC Section 15.08.130; and
ORDINANCE NO.98- is\citywide\ord\vacficrk2.ord
Page 2 of 3
WHEREAS,the Council finds that the following condition is necessary to vacate said land:
1. A public and private utility easement shall be provided within the area to be vacated.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of: 1) approximately 16,174 square
feet of public right-of-way commonly known as SW Fanno Creek Place; and 2)
approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "B" and
Exhibit "C".
SECTION 2: The Tigard City Council further orders that the vacation be subject to the following
conditions:
1. A public and private utility easement shall be provided within the area to be vacated.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the
Mayor, and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by number
and title only, this day of , 1998.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of , 1998.
James Nicoli. Mayor
Approved as to form:
City Attorney
Date
ORDINANCE NO.98- is\cirnvide\ord\vacfncrk'-.ord
Page 3 of
EXHIBIT A
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EXHIBIT B''
LEGAL DESCRIPTION
PORTION OF JOB NO. 3950
S.W. FANNO CREEK PLACE 4/23/97 WC
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
THAT PORTION OF S.W.FANNO CREEK PLACE(COUNTY ROAD A-138)IN THE
NORTHEAST-QUAP-TER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
W'LL`° NMTTE MERIDIAN, WASHINGTON COUNTY, OREGON DESCRIBED AS
FOLLOWS;
BEGINNING AT THE SOUTH CORNER OF TRACT 37, "FANNO CREEK ACRE
TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911, IN WASHINGTON
COUNTY PLAT BOOK 5, PAGE 14, AND RUNNING THENCE ALONG THE
SOUTHWESTERLY LINES OF TRACTS 37 AND 36 OF SAID"FANNO CREEK ACRE
TRACTS",N.44037'35"W., 412.16 FEET TO THE EASTERLY LINE OF THE OREGON
ELECTRIC RAILWAY RIGHT-OF-WAY,25.00 FEET FROM CENTERLINE; THENCE,
ALONG SAID RIGHT-OF-WAY LINE,42.53 FEET ALONG THE ARC OF A NON-
TANGENT CURVE RIGHT, CONCAVE NORTHWEST, THE RADIUS OF WHICH IS
1,457.69 FEET, THE CENTRAL ANGLE IS 1°40'18", AND THH LONG CHORD BEARS
S.25-3 121-W., 42.53 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF S.W.
FA' NO CREEK PLACE (COUNTY ROAD NO. AA 38);THENCE, ALONG SAID FANNO
CREEK PLACE RIGHT-OF-WAY LINE,PARALLEL WITH AND 40.00 FEET
PERPENDICULAR FROM SAID SOLMiWESTERLY LINE OF TRACTS 36 AND 37
S.44°37'35"E., 381.61 FEET TO A POINT-OF-CURVATURE; THENCE, ALONG THE
T
RIGHT-OF-WAY LINE OF THAT PARCEL 2 DESCRIBED IN THE STREET DEDICATION
TO THE PUBLIC RECORDED AUGUST 1, 1983,WASHINGTON COUNTY RECORDER'S
FEE NO. 83-27515, 16.54 FEET ALONG THE ARC OF A CURVE RIGHT, CONCAVE
WEST, THE RADIUS OF WHICH IS 14.00 FEET,THE CENTRAL ANGLE IS 67°40'37",
AND THE LONG CHORD BEARS S.10°47'17"E., 15.59 FEET TO THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF S.W. UPPER BOONES FERRY ROAD(COUNTY ROAD NO.
534), 30.00 FEET FROM CENTERLINE;THENCE, ALONG SAID S.W. UPPER BOONES
FERRY ROAD RIGHT-OF-WAY LINE,N.49°05'02"E., 48.78 FEET TO THE POINT-OF-
BEGINNlNG,CONTAINING 16,174 SQUARE FEET, MORE OR LESS; THIS
DESCRIP'T'ION WAS PREPARED FROM THE MAP OF SURVEY NO. 18,823 ON FILE IN
THE WASHINGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY REFERENCE
IS MADE A PART HEREOF.
EYCHIBIT B- a
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EXHIBIT c -
LEGAL DESCRIPTION 93950
30 FT. ROAD 9/10/97 WC
ADJOINING LOT 36
F ANNO CREEK ACRE TRACTS
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
EXHIBIT "A"
PART OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST-QUARTER OF
SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
WASHINGTON COUNTY, OREGON, DEDICATED TO THE PUBLIC BY MEANS OF
"FANNO CREEK ACRE TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911 IN
WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND DESCRIBED AS FOLLOWS:
ALL OF SAID 30-FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LOT
36 OF SAID "FAI�1NO CREEK ACRE TRACTS" LYING BETWEEN THE
SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE
EXTENDED OF SAID LOT 36; THE WESTERLY LINE OF SAID ROADWAY ADJOINS
THE 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY AND IS 163.8
FEET LONG.
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VICINITY CASE NO.
EXHIBIT � � fANMA CREEK PLACE �
MAP , PUBUC UK STREET
VACATION
EX1IBIT E
CITY OF TIGARD, OREGON
RESOLUTION NO. 97-JJ
A RESOLUTION INITIATING THE VACATION OF: 1) APPROXIMATELY 16,174 SQUARE FEET
OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FANNO CREEK PLACE; AND 2)
APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE
WESTERLY LINE OF LOT 36 OF"FANNO CREEK ACRE TRACTS".
WHEREAS, the right-of-way had been dedicated to the public; and,
WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of"Fanno Creek Acre
Tracts" in 1911; and,
WHEREAS, SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo Studd's
and Northwest Landscape Industries; and,
WHEREAS, the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of
"Fanno Creek Acre Tracts" is also undeveloped and not used in any way; and,
WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
approximately 16,174 square foot portion of SW Fanno Creek Place; and,
WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
approximately 4,914 square foot portion of an unnamed roadway adjac--nt to lot 36 of"Fanno Creek Acre Tracts";
and,
WHEREAS, the public right-of-way may no longer be necessary; and,
WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation.
NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Tigard City Council initiates a request for the vacation of: 1) approximately 16.174
square feet of public right-of-way commonly known as SW Fanno Creek Place; and 2)
approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "A" and
Exhibit "B".
Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, January 27,
1998, 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 proposed vacating of said public
right-of-way.
RESOLUTION NO.9-7Page 1 of
i'c,.tywidelresWacfncrk.int
Nov. 13197
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 January 8, 1998 and the final publication to be on
January 15, 1998. The Recorder is 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.
Section 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and
Exhibit "B" and by reference, made a part hereof.
PASSED: Thisc�J day of ' 1997.
Aayer--City of Tigard
City Recorder-City of Tigard
RESOLUTION NO.97:1V Page 2 of 2
i Acitywidelres\vacfncrk.int
Nov. 13/97
CITY OF TIGARD
Community DeveC pment
Shaping A Better Community
PUBLIC NEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY,
JANUARY 27, 1998 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION:
FILE TITLE: FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET VACATION
APPLICANT: Northwest Landscape Industries OWNER: Northwest Landscape Industries
16075 SW Upper Boones Ferry Rd. Richard Akerman & James Wathey
Tigard, OR 97224 16075 SW Upper Boones Ferry Rd.
Tigard, OR 97224
OWNER: Elmo Studd's Lumber Supply
Bill Fagan & Ron Pulliam
16255 SW Upper Boones Ferry Rd.
Tigard, OR 97224
REQUEST: The petitioner is requesting to vacate an approximately 16,174 square foot portion of SW
Fanno Creek Place an unimproved roadway that provides secondary access to Elmo
Studd's and Northwest Landscape Industries. Petitioner is also requesting to vacate an
approximately 4,914 square foot portion of an unnamed 30-foot-wide roadway adjacent
to lot 36 of "Fanno Creek Acre Tracts" that had been dedicated in 1911 to the public with
the platting of the Subdivision and which may no longer be necessary.
LOCATION: 30 FT. ROAD ADJOINING LOT 36 OF FANNO CREEK ACRE TRACTS: All of said 30-
foot-wide roadway adjoining the westerly line of Lot 36 of said "Fanno Creek Acre Tracts"
lying between the southwesterly line extended of said Lot 36 and the north line extended
of said Lot 36; the westerly line of said roadway adjoins the 50-foot-wide Oregon Electric
Railway right-of-way and is 163.8 feet long.
PORTION OF SW FANNO CREEK PLACE: That said portion of SW Fanno Creek Place
(County Road A-138) in the northeast-quarter of Section 13, Township 2 South, Range 1
West, Willamette Meridian, Washington County.
DATE PETITION WAS FILED: October 9, 1997
THE REQUEST OUTLINED ABOVE WAS INITIATED BY THE COUNCIL ON NOVEMBER 25, 1997. ANY
INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED
VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN
OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY JANUARY
27, 1998 BY 7:30 P.M.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE
CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320
(VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS
THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
NOTICE OF 1/27/98 PUBLIC HEARING
I
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER
PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT
LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE
AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE
CENTS (25fi) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE
REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER
WILLIAM D'ANDREA• ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW
HALL BOULEVARD, TIGARD, OREGON 97223.
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NOTICE OF 1/27/98 PUBLIC HEARING
AA
CITY OF TIGARD FACT SHEET
13125 SW Hall Boulevard
Tigard, OR 97223
Contact: Will D'Andrea, (503) 639-4171
1 a`
AGENDA: November 25, 1997
G<;
TOPIC: Street Vacation
BACKGROUND:
Northwest Landscape Industries is requesting that the City Council initiate vacation
proceedings for approximately 16,174 square foot portion of SW Fanno Creek Place and
approximately 4,914 square feet of public right of way adjacent to the westerly line of lot
36 of"Fanno Creek Acre Tracts." Neither of these rights of way have been improved to
serve the public, nor does it appear that these rights of way are needed. The petitioner
made this request to incorporate the property into developed industrial properties. The
purpose of this agenda item is to schedule a public hearing to consider the request.
COST: All fees have been paid by the applicant.
OcitywideVactsWadanck.doc
CITY OF TIGARD,OREGON
RESOLUTION NO.97-�'-1g
A RESOLUTION INITIATING THE VACATION OF: 1) APPROXIMATELY 16,174 SQUARE FEET
OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FANNO CREEK PLACE; AND 2)
APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE
WESTERLY LINE OF LOT 36 OF"FANNO CREEK ACRE TRACTS".
WHEREAS, the right-of-way had been dedicated to the public; and,
WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of"Fanno Creek Acre
Tracts" in 1911; and,
WHEREAS, SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo Studd's
and Northwest Landscape Industries; and,
WHEREAS, the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of
"Fanno Creek Acre Tracts" is also undeveloped and not used in any way; and,
WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
approximately 16,174 square foot portion of SW Fanno Creek Place; and,
WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
approximately 4,914 square foot portion of an unnamed roadway adjacent to lot 36 of"Fanno Creek Acre Tracts";
and,
WHEREAS,the public right-of-way may no longer be necessary; and,
WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
Section 1: The Tigard City Council initiates a request for the vacation of. 1) approximately 16,174
square feet of public right-of-way commonly known as SW Fanno Creek Place; and 2)
approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "A" and
Exhibit "B".
Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, January 27,
1998, 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 proposed vacating of said public
right-of-way.
RESOLUnON NO.97 Page 1 of 2
i:kitywide\res\vacfncrkint
Nov. 13197
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 January 8, 1998 and the final publication to be on
January 15, 1998. The Recorder is 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.
Section 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and
Exhibit "B" and by reference, made a part hereof.
f
PASSED: Thisday of , 1997.
Maw-City of Tigard
-�-
z,C.n� CU
City Recorder-City of Tigard
RESOLUTION NO.97- Page 2 of 2
iAcitywide\res\vacfncrk.int
Nov. 13/97
LEGAL DESCRIPTION JOB NO. 3950
PORTION OF 4/23/97 WC
S.W. FANNO CREEK PLACE
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
THAT PORTION OF S.W.FANNO CREEK PLACE(COUNTY ROAD A-138)IN TEE
NORTHEAST—QUARTER OF SECTION 13,TOWNSHIP 2 SOUTH,RANGE 1 WEST,
WILLAMETTE MERIDIAN,WASHINGTON COUNTY,OREGON DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTH CORNER.OF TRACT 37,"FANNO CREEK ACRE
TRACTS",A SUBDIVISION RECORDED DECEMBER 2, 1911, IN WASHINGTON
COUNTY PLAT BOOK 5,PAGE 14,AND RUNNING THENCE ALONG THE
SOUTHWESTERLY LINES OF TRACTS 37 AND 36 OF SAID"FANNO CREEK ACRE
TRACTS",N.44°37'35"W.,412.16 FEET TO THE EASTERLY LINE OF THE OREGON
ELECTRIC RAILWAY RIGHT-OF-WAY,25.00 FEET FROM CENTERLINE;THENCE,
ALONG SAID RIGHT-OF-WAY LINE,42.53 FEET ALONG THE ARC OF A NON—
TANGENT CURVE RIGHT, CONCAVE NORM Wls"ST,THE RADIUS OF WHICH IS
1,457.69 FEET,THE CENTRAL ANGLE IS 1°40'18", AND THE LONG CHORD BEARS
S.25031-2 1-W.,42.53 FEET TO THE SOUI11WESTERLY RIGHT-OF-WAY LINE OF S.W.
FANNO CREEK PLACE(COUNTY ROAD NO. A-138);THENCE,ALONG SAID FANNO
CREEK PLACE RIGHT-OF•WAY LINE,PARALLEL WITH AND 40.00 FEET
PERPENDTCXA AR FROM SAID SOUTT-iWESTERLY LINE OF TRACTS 36 AND 37,
S.44037'35"E,,381.61 FEET TO A PL?WT-OF-CURVATURE;THENCE, ALONG THE
RIGHT-OF-WAY LINE OF THAT PARCEL 2 DESCRIBED IN THE STREET DEDICATION
TO THE PUBLIC RECORDED AUGUST 1, 1993,WASHINGTON COUNTY RECORDER'S
FEE NO. 83-27515, 16.54 FEET ALONG THE ARC OF A CURVE RIGHT, CONCAVE
WEST,THE RADIUS OF WHICH IS 14.00 FEET,THE CENTRAL ANGLE IS 67040'37",
AND THE LONG CHORD BEARS S.10047'17-R, 15.59 FEET TO THE NORTHWESTERLY
RIGHT-OF—WAY LINE OF S.W. UPPER BOONES FERRY ROAD(COUNTY ROAD NO.
534), 30.00 FEET FROM CENTERI ?;THENCE, ALONG SAID S.W. UPPER BOONES
FERRY ROAD RIGHT—OF—WAY LINE,N.49005"02"E.,48.78 FEET TO THE POINT-OF—
BEGINNINQ,CONTAINING 16,174 SQUARE FEET,MORE OR LESS;THIS
DESCRIPTION WAS PREPARED FROM THE MAP OF SURVEY NO. 18,823 ON FILE LN
THE WASHINGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY REFERENCE
IS MADE APART HEREOF.
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EXEIBIT C -
LEGAL DESCRIPTION #3950
30 FT. ROAD 9/10/97 WC
ADJOINING LOT 36
FAl" NO CREEK ACRE TRACTS
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
EXHIBIT "A"
PART OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST-QUARTER OF
SECTION 13, TOWNSHIP 2 SOUTH,RANGE 1 WEST, WILLAMETTE MERIDIAN,
WASHINGTON COUNTY, OREGON, DEDICATED TO THE PUBLIC BY MEANS OF
"FANNO CREEK ACRE TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911 IN
WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND DESCRIBED AS FOLLOWS:
ALL OF SAID 30-FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LOT
36 OF SAID "FANNO CREEK ACRE TRACTS" LYING BETWEEN THE
SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE
EXTENDED OF SAID LOT 36; THE WESTERLY LINE OF SAID ROADWAY ADJOINS
THE 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY AND IS 163.8
FEET LONG.
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CASE NO.
VICINITY
EXHIBIT MAP
CITY OF TIGARD FACT SHEET
13125 SW Hall Boulevard
Tigard, OR 97223
Contact: Will D'Andrea, (503) 639-4171
AGENDA: November 25, 1997
TOPIC: Street Vacation
BACKGROUND:
Northwest Landscape Industries is requesting that the City Council initiate vacation
proceedings for approximately 16,174 square foot portion of SW Fanno Creek Place and
approximately 4,914 square feet of public right of way adjacent to the westerly line of lot
36 of"Fanno Creek Acre Tracts." Neither of these rights of way have been improved to
serve the public, nor does it appear that these rights of way are needed. The petitioner
made this request to incorporate the property into developed industrial properties. The
purpose of this agenda item is to schedule a public hearing to consider the request.
COST: All fees have been paid by the applicant.
is\citywide\facts\vacfa nck.doc
CITY OF TIGARD FACT SHEET
13125 SW Hall Boulevard
Tigard, OR 97223
Contact: Will D'Andrea, (503) 639-4171
AGENDA:
TOPIC: Street Vacation
BACKGROUND:
Northwest Landscape Industries is requesting that the City Council initiate vacation
proceedings for approximately 16,174 square foot portion of SW Fanno Creek Place and
approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of "Fanno Creek Acre Tracts". Neither of these right-of-ways has been improved to
serve the public, nor does it appear that these right-of-ways are needed.
COST: All fees have been paid by the appliant.
1 AC I TY W I D E\FAC TSW AC F N C R K.F CT
CITY OF TIGARD
Community Development
ShapingA Better Community
MEMORANDUM
CITY OF TIGARD
TO: Brian
FROM: GregO
DATE: December 5, 1997
SUBJECT: Fanno Creek Pl. Vacation
Recommend that a nonexclusive public utility easement be retained to accommodate the existing
public sewer as well as any other public or private utilities that are in the street. PW should also
review, especially water.
REQUEST FOR COMMENTS CITY OF TI®ARD
JJECEt%JED f0t1NING Community Development
DATE: December t 1997 DEC o 9 1997 Shaping A Better Community
TO: Brian Moore,PGE GIV OF TIGARD
FROM: City of Tigard Planning Division STAFF CONTACT: William D"Andrea Associate Planner
Phone:1503)63941» Fax 1503)6847297
BE:
➢ FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET&EASEMENT VACATION (
The petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an approximately 16,174 square foot
portion of SW Fanno Creek Place an unimproved roadway that provides secondary access to Elmo Studd's and Northwest
Landscape Industries. Petitioner is also requesting to vacate an approximately 4,914 square foot portion of an unnamed
30-foot-wide roadway adjacent to lot 36 of "Fanno Creek Acre Tracts" that had been dedicated in 1911 to the public with the
platting of the Subdivision and which may no longer be necessary. LOCATION: 30 FT. ROAD ADJOINING LOT 36 OF
FANNO CREEK ACRE TRACTS: All of said 30-foot-wide roadway adjoining the westerly line of Lot 36 of said "Fanno Creek
Acre Tracts" lying between the southwesterly line extended of said Lot 36 and the north line extended of said Lot 36; the
westerly line of said roadway adjoins the 50-foot-wide Oregon Electric Railway right-of-way and is 163.8 feet long. PORTION
OF SW FANNO CREEK PLACE: That said portion of SW Fanno Creek Place (County Road A-138) in the northeast-quarter of
Section 13,Township 2 South, Range 1 West, Willamette Meridian, Washington County beginning at the south corner of Tract
37 "Fanno Creek Acre Tracts, and running thence along the southwesterly lines of tracts 37 and 35 of said "Fanno Creek Acre
Tracts" 412.16 feet to the easterly line of the Oregon Electric railway right-of-way, 25,000 feet from centerline; thence, along
said right-of-way line, 42.53 feet along the arc of a non-tangent curve right, concave northwest,the radius of which is 42.53 feet
to the southwesterly right-of-way line of SW Fanno Creek Place (County Road No. A-138); thence, along said Fanno Creek
Place right-of-way line of that Parcel 2 described in the street dedication to the public recorded August 1, 1983„ Washington
County Recorder's Fee No. 83-27515, 16.54 feet along the arc of a curve right, concave west, the radius of which is 14.00 feet
along the arc of a curve right, concave and the long chord bears 15.59 feet to the northwesterly right-of-way line of SW Upper
BOones Ferry Road (County Road No 534), 30.00 feet from centerline; thence, along said SW Upper Boones Ferry Road right-
of-way line N. 48.78 feet to the point-of-beginning; containing 16,174 square feet, more or less, running along the southwesterly
lines of Tracts 37 and 36 of said"Fanno Creek Acre Tracts"
Attached is the Site Plan,YICIRRY Map and AppliCaM&8118»118»[for your review. From information supplied by various departments and
agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:
[Wednesday-December 17,1997). You may use the space provided below or attach a separate letter to return your comments. If YOU
are unable to respond bYthe above date,please phone the staff contact noted above with your comments and confirm your comments in
writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR
97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
__T
>
`tom L/—
('lease provide the foa wiq information)NOW of Personts)Commenting: ,
Phone Numberts): 44k Xo
FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET&EASEMENT VACATION PROPOSAUREOUEST FOR COMMENTS
REQUEST FOR COMMENTS CITY OF TIOARD
f1MFWE0 PLANISIM Community Development
Shaping Better Community
DATE: December 3.19 DEC 0 8 1997
TO- Michaol Miller,Operations Water Department Manager Jfi
FROM: City of Tigard Planning Division STAFF CONTACT: William D'M roa,Asseciate Planner
Phone:[503163"In NX-00316W72111117
BE:
➢ FAIINO CREEK PLACE PUBLIC RIGHT-OF-WRY STREET&EASEMENT IIACRTION Q
The petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an approximately 16,174 square foot
portion of SW Fanno Creek Place an unimproved roadway that provides secondary access to Elmo Studd's and Northwest
Landscape Industries. Petitioner is also requesting to vacate an approximately 4,914 square foot portion of an unnamed
30-foot-wide roadway adjacent to lot 36 of "Fanno Creek Acre Tracts" that had been dedicated in 1911 to the public with the
platting of the Subdivision and which may no longer be necessary. LOCATION: 30 FT. ROAD ADJOINING LOT 36 OF
FANNO CREEK ACRE TRACTS: All of said 30-foot-wide roadway adjoining the westerly line of Lot 36 of said "Fanno Creek
Acre Tracts" lying between the southwesterly line extended of said Lot 36 and the north line extended of said Lot 36; the
westerly line of said roadway adjoins the 50-foot-wide Oregon Electric Railway right-of-way and is 163.8 feet long. PORTION
OF SW FANNO CREEK PLACE: That said portion of SW Fanno Creek Place (County Road A-138) in the northeast-quarter of
Section 13, Township 2 South, Range 1 West, Willamette Meridian, Washington County beginning at the south corner of Tract
37 "Fanno Creek Acre Tracts, and running thence along the southwesterly lines of tracts 37 and 35 of said "Fanno Creek Acre
Tracts" 412.16 feet to the easterly line of the Oregon Electric railway right-of-way, 25,000 feet from centerline; thence, along
said right-of-way line, 42.53 feet along the arc of a non-tangent curve right, concave northwest,the radius of which is 42.53 feet
to the southwesterly right-of-way line of SW Fanno Creek Place (County Road No. A-138); thence, along said Fanno Creek
Place right-of-way line of that Parcel 2 described in the street dedication to the public recorded August 1, 1983„ Washington
County Recorder's Fee No. 83-27515, 16.54 feet along the arc of a curve right, concave west, the radius of which is 14.00 feet
along the arc of a curve right, concave and the long chord bears 15.59 feet to the northwesterly right-of-way line of SW Upper
Boones Ferry Road (County Road No 534), 30.00 feet from centerline; thence, along said SW Upper Boones Ferry Road right-
of-way line N. 48.78 feet to the point-of-beginning; containing 16,174 square feet, more or less, running along the southwesterly
lines of Tracts 37 and 36 of said"Fanno Creek Acre Tracts"
Attached is the Site Plan,Vicinity Map and AppllcanYs Statement for your review. From information supplied by various departments and
agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:
[Wednesday-December 17,1997). You may use the space provided below or attach a separate letter to return your comments. If Von.
are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in
writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR
97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
_ Please refer to the enclosed letter.
Written comments provided below:
(Please provide t&fo&wo nq information)Name of Persontsl Commenting: ,p�/tel
P�1�..� .
Phone Numberis): ;
FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET&EASEMENT VACATION PROPOSAUREQUEST FOR COMMENTS
REQUEST FOR COMMENTS CITY of TIGsARD
Community Development
RECEIVED PLANNING Shaping A Better Community
DATE: December 3.1991
TO: John Roy,Property Manager DEC 0 5 1997
FROM: 9fly of Ti and Plannin Dhlis n STAFF Fo William D'Andrea,Associate Planner
Phone:150316394171 Fax:[50316847297
BE:
➢ FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET&EASEMENT VACATION �C
The petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an approximately 16,174 square foot
portion of SW Fanno Creek Place an unimproved roadway that provides secondary access to Elmo Studd's and Northwest
Landscape Industries. Petitioner is also requesting to vacate an approximately 4,914 square foot portion of an unnamed
30-foot-wide roadway adjacent to lot 36 of "Fanno Creek Acre Tracts" that had been dedicated in 1911 to the public with the
platting of the Subdivision and which may no longer be necessary. LOCATION: 30 FT. ROAD ADJOINING LOT 36 OF
FANNO CREEK ACRE TRACTS: All of said 30-foot-wide roadway adjoining the westerly line of Lot 36 of said "Fanno Creek
Acre Tracts" lying between the southwesterly line extended of said Lot 36 and the north line extended of said Lot 36; the
westerly line of said roadway adjoins the 50-foot-wide Oregon Electric Railway right-of-way and is 163.8 feet long. PORTION
OF SW FANNO CREEK PLACE: That said portion of SW Fanno Creek Place (County Road A-138) in the northeast-quarter of
Section 13, Township 2 South, Range 1 West, Willamette Meridian, Washington County beginning at the south corner of Tract
37"Fanno Creek Acre Tracts, and running thence along the southwesterly lines of tracts 37 and 35 of said "Fanno Creek Acre
Tracts" 412.16 feet to the easterly line of the Oregon Electric railway right-of-way, 25,000 feet from centerline; thence, along
said right-of-way line, 42.53 feet along the arc of a non-tangent curve right, concave northwest,the radius of which is 42.53 feet
to the southwesterly right-of-way line of SW Fanno Creek Place (County Road No. A-138); thence, along said Fanno Creek
Place right-of-way line of that Parcel 2 described in the street dedication to the public recorded August 1, 1983„ Washington
County Recorder's Fee No. 83-27515, 16.54 feet along the arc of a curve right, concave west, the radius of which is 14.00 feet
along the arc of a curve right, concave and the long chord bears 15.59 feet to the northwesterly right-of-way line of SW Upper
Boones Ferry Road (County Road No 534), 30.00 feet from centerline; thence, along said SW Upper Boones Ferry Road right-
of-way line N. 48.78 feet to the point-of-beginning; containing 16,174 square feet, more or less, running along the southwesterly
lines of Tracts 37 and 36 of said"Fanno Creek Acre Tracts"
Attached is the Site Plan,111clnity Map and APPUNKS State11111Opt for your review. From information supplied by various departments and
agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. If you wish to comment on this application,WE NEED YOUR COMMENTS BACK BY:
(Wednesday-December 17,1991). You may use the space provided below or attach a separate letter to return your comments, if yon
are Unable t0 respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in
writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR
97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
(Please provide the fob information)Name of Persontsl Commenung:
Phone Nambertsl:
FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET&EASEMENT VACATION PROPOSAUREOUEST FOR COMMENTS
REQUEST FOR COMMENTS CITY OF TIGARD
Community Development
Shaping A Better Community
DATE: December 3,199
TO: Julia Nuffman,USA/SWM Prom
FROM: Clei of Tigard Planning Division STAFF CONTACT: William D'Andrea,Associate Planner
Phone:15031639.4TM Farr:15031684-1291
BE
➢ FANNO GREEK PLACE PUBLIC RIGHT-QF-WAY STREET&EASEMENT VACATION 4
The petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an approximately 16,174 square foot
portion of SW Fanno Creek Place an unimproved roadway that provides secondary access to Elmo Studd's and Northwest
Landscape Industries. Petitioner is also requesting to vacate an approximately 4,914 square foot portion of an unnamed
30-foot-wide roadway adjacent to lot 36 of "Fanno Creek Acre Tracts" that had been dedicated in 1911 to the public with the
platting of the Subdivision and which may no longer be necessary. LOCATION: 30 FT. ROAD ADJOINING LOT 36 OF
FANNO CREEK ACRE TRACTS: All of said 30-foot-wide roadway adjoining the westerly line of Lot 36 of said "Fanno Creek
Acre Tracts" lying between the southwesterly line extended of said Lot 36 and the north line extended of said Lot 36; the
westerly line of said roadway adjoins the 50-foot-wide Oregon Electric Railway right-of-way and is 163.8 feet long. PORTION
OF SW FANNO CREEK PLACE: That said portion of SW Fanno Creek Place (County Road A-138) in the northeast-quarter of
Section 13, Township 2 South, Range 1 West, Willamette Meridian, Washington County beginning at the south corner of Tract
37"Fanno Creek Acre Tracts, and running thence along the southwesterly lines of tracts 37 and 35 of said "Fanno Creek Acre
Tracts" 412.16 feet to the easterly line of the Oregon Electric railway right-of-way, 25,000 feet from centerline; thence, along
said right-of-way line, 4253 feet along the arc of a non-tangent curve right,concave northwest,the radius of which is 42.53 feet
to the southwesterly right-of-way line of SW Fanno Creek Place (County Road No. A-138); thence, along said Fanno Creek
Place right-of-way line of that Parcel 2 described in the street dedication to the public recorded August 1, 1983„ Washington
County Recorder's Fee No. 83-27515, 16.54 feet along the arc of a curve right, concave west, the radius of which is 14.00 feet
along the arc of a curve right, concave and the long chord bears 15.59 feet to the northwesterly right-of-way line of SW Upper
Boones Ferry Road (County Road No 534), 30.00 feet from centerline; thence, along said SW Upper Boones Ferry Road right-
of-way line N.48.78 feet to the point-of-beginning; containing 16,174 square feet, more or less, running along the southwesterly
lines of Tracts 37 and 36 of said"Fanno Creek Acre Tracts"
Attached is the Site Plan,VIc1n[ty Ibab and A0011canes Statement for your review. From information supplied by various departments and
agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:
[Wednesday-December 11,1991). You may use the space provided below or attach a separate letter to return your comments. If Yeu
aro unable to respond bythe above date,please phone the staff contact noted above with your comments and confirm your comments in
writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR
97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
�.
YN
(Please provide the following in,formtion)Name of Personisl Commenting:
Phone Numberisl:
FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET&EASEMENT VACATION PROPOSAUREQUEST FOR COMMENTS
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REQUEST FOR COMMENTS CITY OF TIGARD
Community Development
Shaping Better Community
DATE: December 3,199]
TO: Paul Koff,GTE Engineering
FROM: Cily of Tigard Planning Division STAFF CONTACT: W11119m D'Andrea Associate Planner
Pbone:[5031639-4171 Fax:[5831684-7297
BE
➢ FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET&EASEMENT VACATION Q
The petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an approximately 16,174 square foot
portion of SW Fanno Creek Place an unimproved roadway that provides secondary access to Elmo Studd's and Northwest
Landscape Industries. Petitioner is also requesting to vacate an approximately 4,914 square foot portion of an unnamed
30-foot-wide roadway adjacent to lot 36 of "Fanno Creek Acre Tracts" that had been dedicated in 1911 to the public with the
platting of the Subdivision and which may no longer be necessary. LOCATION: 30 FT. ROAD ADJOINING LOT 36 OF
FANNO CREEK ACRE TRACTS: All of said 30-foot-wide roadway adjoining the westerly line of Lot 36 of said "Fanno Creek
Acre Tracts" lying between the southwesterly line extended of said Lot 36 and the north line extended of said Lot 36; the
westerly line of said roadway adjoins the 50-foot-wide Oregon Electric Railway right-of-way and is 163.8 feet long. PORTION
OF SW FANNO CREEK PLACE: That said portion of SW Fanno Creek Place (County Road A-138) in the northeast-quarter of
Section 13, Township 2 South, Range 1 West, Willamette Meridian, Washington County beginning at the south corner of Tract
37"Fanno Creek Acre Tracts, and running thence along the southwesterly lines of tracts 37 and 35 of said"Fanno Creek Acre
Tracts" 412.16 feet to the easterly line of the Oregon Electric railway right-of-way, 25,000 feet from centerline; thence, along
said right-of-way line, 42.53 feet along the arc of a non-tangent curve right, concave northwest,the radius of which is 42.53 feet
to the southwesterly right-of-way line of SW Fanno Creek Place (County Road No. A-138); thence, along said Fanno Creek
Place right-of-way line of that Parcel 2 described in the street dedication to the public recorded August 1, 1983„ Washington
County Recorder's Fee No. 83-27515, 16.54 feet along the arc of a curve right, concave west, the radius of which is 14.00 feet
along the arc of a curve right, concave and the long chord bears 15.59 feet to the northwesterly right-of-way line of SW Upper
Boones Ferry Road (County Road No 534), 30.00 feet from centerline; thence, along said SW Upper Boones Ferry Road right-
of-way line N. 48.78 feet to the point-of-beginning; containing 16,174 square feet, more or less, running along the southwesterly
lines of Tracts 37 and 36 of said"Fanno Creek Acre Tracts"
Attached is the SDe Plan,Ylelnl V Map and APPIICSIWS Stat81ne11t for your review. From information supplied by various departments and
agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:
[Wednesday-December 17.1997). You may use the space provided below or attach a separate letter to return your comments. If VIN
are unable to respond hythe above data please phone the staff contact noted above with your comments and confirm your comments in
writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR
97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_, We have reviewed the proposal and have no objections to it.
Please contact of our office.
_ Please refer to the enclosed letter.
Written comments provided below:
[_-�T E H EA S F A C; 1 L 17 1 F 1 JU 'T+4 (f) F 1 CHT-- QF_ tt✓ (:� u
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(Please provide the foffouri in_fomwtion)Name of Person[S]Commenting: `
Phone Nambertsl: 5_0 3 — 'R'
FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET&EASEMENT VACATION PROPOSALIREQUEST FOR COMMENTS
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220 NW 2ND AVENUE
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NW Natural 'E`PORTLAND.
503 226 421219
w—nwnatural cam
December 15, 1997
Will D'Andrea
City of Tigard
Tigard Planning Division
13125 SW Hall Boulevard
Tigard, OR 97223
RE: Proposed vacation of a portion SW Fanno Creek Place and approximately 4914
square feet of public right of way adacent to the westerly line of lot 36 of "Fanno
Creek Acre Tracts".
Please be advised Northwest Natural has no gas distribution facilities within the
proposed vacation area. We would, therefore, have no objection to the vacating of
the area requested.
Please notify us when the vacation is complete so that we can update our records
accordingly.
Sincerely, t
Judith Wisniewski
Engineering Department
cc: Vacation File
Plat Number: 47-22
Doc. Number: 970408
.oEQUEST FOR COMMENTS CITY OF TIGARD
Community Development
Shaping Better Community
WE: December 3,1997
'0: Scott Palmer NW Natural Gas Co.
DOM: City of Tigard Planning BMW STAFF CONTACT: William D'Andrea,Associate Planner
Phone:150316394M Fax:[5031684-7297
iE:
➢ FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET&EASEMENT VACATION
The petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an approximately 16,174 square foot
portion of SW Fanno Creek Place an unimproved roadway that provides secondary access to Elmo Studd's and Northwest
Landscape Industries. Petitioner is also requesting to vacate an approximately 4,914 square foot portion of an unnamed
30-foot-wide roadway adjacent to lot 36 of "Fanno Creek Acre Tracts" that had been dedicated in 1911 to the public with the
platting of the Subdivision and which may no longer be necessary. LOCATION: 30 FT. ROAD ADJOINING LOT 36 OF
FANNO CREEK ACRE TRACTS: All of said 30-foot-wide roadway adjoining the westerly line of Lot 36 of said "Fanno Creek
Acre Tracts" lying between the southwesterly line extended of said Lot 36 and the north line extended of said Lot 36; the
westerly line of said roadway adjoins the 50-foot-wide Oregon Electric Railway right-of-way and is 163.8 feet long. PORTION
OF SW FANNO CREEK PLACE: That said portion of SW Fanno Creek Place (County Road A-138) in the northeast-quarter of
Section 13, Township 2 South, Range 1 West, Willamette Meridian, Washington County beginning at the south corner of Tract
37"Fanno Creek Acre Tracts, and running thence along the southwesterly lines of tracts 37 and 35 of said "Fanno Creek Acre
Tracts" 412.16 feet to the easterly line of the Oregon Electric railway right-of-way, 25,000 feet from centerline; thence, along
said right-of-way line, 42.53 feet along the arc of a non-tangent curve right, concave northwest, the radius of which is 42.53 feet
to the southwesterly right-of-way line of SW Fanno Creek Place (County Road No. A-138); thence, along said Fanno Creek
Place right-of-way line of that Parcel 2 described in the street dedication to the public recorded August 1, 1983„ Washington
County Recorder's Fee No. 83-27515, 16.54 feet along the arc of a curve right, concave west, the radius of which is 14.00 feet
along the arc of a curve right, concave and the long chord bears 15.59 feet to the northwesterly right-of-way line of SW Upper
Boones Ferry Road (County Road No 534), 30.00 feet from centerline; thence, along said SW Upper Boones Ferry Road right-
of-way line N. 48.78 feet to the point-of-beginning; containing 16,174 square feet, more or less, running along the southwesterly
lines of Tracts 37 and 36 of said"Fanno Creek Acre Tracts"
ttached is the Site Plan,yiCinity Map and Applicanrs Statement for your review. From information supplied by various departments and
)encies and from other information available to our staff, a report and recommendation will be prepared and a decision will be
Indered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:
Vednesday-December 171997). You may use the space provided below or attach a separate letter to return your comments. It You
,e unable to respond bythe above date,please phone the staff contact noted above with your comments and confirm your comments in
ruing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR
7223.
LEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
(Please provide the jodowq information)Name of Personts)Commenting:
Phone Numbertsl:
4NO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET$EASEMENT VACATION PROPOSAUREQUEST FOR COMMENTS
DEC 15 '97 08:24AM NWNGAS ENGINEERING P.1
+ NW Natural
TO: L.L. 1> 1 Anar
COMPANY: 6� Tv-do6rcl P6m4% .
FAX NO.:
J- � S14 "I A 9 11
FROM: of a taro \041SWIEW
FAX NO.: 503/273-4822 DEPT: ENGINEERYNQ
PH. NO.: 503/226-4211 Ext. 4338
Number of pages including cover:
CAWPW1K611FORMMFAXTAX1SMJ
ORIG-TINALS 10 '5E SAIL ED
DEC 15 '97 08:25AM NWNGAB ENGINEERING P.2
224 NW INS AVENUE:
P RRYLANA,Qui 97209
Natural
am •i.
i, wWwhwn®'�i7![:Oe AM
December 15, 1997
Will D'Andrea
City of Tigard
Tigard Planning Division
13125 SW Hall Boulevard
Tigard, OR 97223
RE: Proposed vacation of a portion SW Fanno Creek Place and approximately 4914
square feet of public right of way adacent to the westerly line of lot 36 of "Fanno
Creek Acre Tracts".
Please be advised Northwest Natural has no gas distribution facilities within the
proposed vacation area. We would, therefore, have no objection to the vacating of
the area requested.
Please notify us when the vacation is complete so that we can update our records
accordingly.
Sincerely, ,
. l� o
Judith Wisniewski
Engineering Department
cc: Vacation File
Plat Number: 47-22
Doe. Number: 970408
���� ����N� ����� ��
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APPLICANT:Northwest Landscape Industries OWNER: Northwest Landscape Industries
1GO7SGVVUpper BooneoFerry Rd. Richard Aharmon8James VVodhey
Tigard, OR 07224 1GD758VVUpper BonneoFerry Rd.
(5O3)G84'1450' Fax(603) G2U'7692 Tigard, OR 97224
OWNER: Elmo Etudd'oLumber Supply
Bill Fagan @ Ron Pulliam
16255GVVUpper BooneeFerry Rd.
Tigard,OR 97224
REQUEST: The petitioner is requesting that the City nfTigard initiate vacation proceedings to vacate an approximately
16.174 square foot portion of GVV Fanno Creek Place an unimproved roadway that provides secondary
access to Elmo Etudd'o and Northwest Landscape Industries. Petitioner is also requesting tuvacate an
approximately 4,914 square foot portion of an unnamed 30-foot-wide roadway adjacent tolot 3Gof "Fanno
Creek Acre Tracts" that had been dedicated in 1911 to the public with the platting of the Subdivision and
which may nolonger bonecessary.
LOCATION: All of said 30'fnot'wide roadway
adjoining the westerly line of Lot 36 of said "Fanno Creek Acre Tracts" lying between the southwesterly line
extended ofsaid Lot 3Gand the north line extended ofsaid Lot 3G; the westerly line nfsaid roadway adjoins
the 50'fnnt-wideOregon Electric Railway right'cf-wayand ie 1G3.8feet long.
PORTION OF SW FANNO CREEK PLACE: That said portion ufGVVFanno Creek Place (County Road A~
138) in the northeast-quarter of Section 13, Township 2 South, Range 1 VVaot. Willamette Meridian,
Washington County beginning at the south corner of Tract 37"Fanno Creek Acre Tracts, and running thence
along the southwesterly lines of tracts 37 and 35 of said "Fanno Creek Acre Tracts" 412.1Gfeet tothe
easterly line ofthe Oregon Boothn railway right-of-way, 25.00Ofeet from centerline; thence, along said right-
of-way line, 42.53 feet along the arc of a non-tangent curve right, concave northwest, the radius of which is
ight'of'woy|ine. 42.53hemta|ongtheoncofannn-tangendcunxeright. onnoavenorthweat' thenodivaofvvhinhia
42.63feet tothe southwesterly hght-of'wayline nf GVV Fanno C|nogk Place (County Road No. Ar138);
thence, along said Fanno Creek Place right-of-way line of that Parcel 2 described in the street dedication to
the public recorded August 1. 1S83.. Washington County Recorder's Fee No. 83-2751S. 1G.54feet along the
arc ofacurve hght, concave west, the radius of which is 14.O0feet along the arc of eoume hght, concave
and the long chord bears 15.59 feet to the northwesterly hght-uf'wmyline of SW UpperBuonea Ferry Road
(County Road No 534), 3D.00feet from centerline; thence, along said SW Upper Buonoo Ferry Road right-
of-way line N. 4878 feet to the point-of-beginning; containing 16.174 square foed, more or |000' running
along the southwesterly lines of Tracts 37 and 36 of said"Fanno Creek Acre Tracts"
DATE PETITION WAS FILED: October 9, 1997
CIT: CIT FACILITATOR: List Available Upon Request
DECISION MAKING BODY:
CITY COUNCIL DATE COMMENTS DUE: Wednesday -December 17,1997
DATE OF HEARING: TIME: 7:30
PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
X VICINITY MAP LANDSCAPING PLAN NARRATIVE
ARCHITECTURAL PLAN SITE PLAN X OTHER
STAFF CONTACT: William D'Andrea. Associate Planner (503) 639-4171 x315
pxwwoCREEK PLACE PUBLIC meHT-oF-WxvSTREET VACATION NOTICE OF 1/2mmPUBLIC HEARING
AFFIDAVIT OF MAILING CITY OFTIGARD
Community Development
Shaping A Better Community
,SZATE OFOREGON )
County of Washington )ss.
City of Tigard )
I, Patriaa L.Lunsford being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the
City of Tigard Washington County,Oregon and that I served the following:
(Check Appropriate Box(s)Below)
NOTICE OF DECISION FOR:
AMENDED NOTICE (File NoJName Reference)
City of Tigard Planning Director
NOTICE OF PUBLIC HEARING FOR: E�71'--171)ac
AMENDED NOTICE (File NoJName Reference) (Date of Public Hearing)
City of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission
Tigard City Council
NOTICE of FINAL ORDER FOR: L
AMENDED NOTICE (File NoJName Reference) (Date of Public Hearing)
City of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission
Tigard City Council
NOTICE OF: FOR: E�7
(Type/Kind of Notice) (File NoJName Reference) (Date of Public Hearing,if applicable)
A copy of the PUBLIC HEARING NOTICE/ CE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICES]of which is attached,
marked Exhibit "A", w ailed to act 5d persons) at the address(s) shown on the attached list(s), marked
Exhibit"B",on the ay f 2 1998, and deposited in the United States Mail on the
day d 1998,postage prepaid.
(Person that Prepared Notice)
Subscribed and sworn/affirmed before me on the day of ' 192S
OFFICIAL SEAL
DIANE M JELDERKS
NOTARY PUBLIC-OREGON
COMMISSION NO 046142 NOTARY PUBLIC OF DREG
MY COMMISSION EXPIRES SEPTEMBER 07,1999
My Commission EKPI
CITY OF TIGARD
Community Devefopment
Shaping A Better Community
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY,
JANUARY 27. 1998 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION:
FILE TITLE: FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET VACATION
APPLICANT: Northwest Landscape Industries OWNER: Northwest Landscape Industries
16075 SW Upper Boones Ferry Rd. Richard Akerman & James Wathey
Tigard, OR 97224 16075 SW Upper Boones Ferry Rd.
Tigard, OR 97224
OWNER: Elmo Studd's Lumber Supply
Bill Fagan & Ron Pulliam
16255 SW Upper Boones Ferry Rd.
Tigard, OR 97224
REQUEST: The petitioner is requesting to vacate an approximately 16,174 square foot portion of SW
Fanno Creek Place an unimproved roadway that provides secondary access to Elmo
Studd's and Northwest Landscape Industries. Petitioner is also requesting to vacate an
approximately 4,914 square foot portion of.an unnamed 30-foot-wide roadway adjacent
to lot 36 of "Fanno Creek Acre Tracts" that had been dedicated in 1911 to the public with
the platting of the Subdivision and which may no longer be necessary.
LOCATION: 30 FT. ROAD ADJOINING LOT 36 OF FANNO CREEK ACRE TRACTS: All of said 30-
foot-wide roadway adjoining the westerly line of Lot 36 of said "Fanno Creek Acre Tracts"
lying between the southwesterly line extended of said Lot 36 and the north line extended
of said Lot 36; the westerly line of said roadway adjoins the 50-foot-wide Oregon Electric
Railway right-of-way and is 163.8 feet long.
PORTION OF SW FANNO CREEK PLACE: That said portion of SW Fanno Creek Place
(County Road A-138) in the northeast-quarter of Section 13, Township 2 South, Range 1
West, Willamette Meridian, Washington County.
DATE PETITION WAS FILED: October 9, 1997
THE REQUEST OUTLINED ABOVE WAS INITIATED BY THE COUNCIL ON NOVEMBER 25, 1997. ANY
INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED
VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN
OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY JANUARY
27. 1998 BY 7:30 P.M.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE
CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320
(VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS
THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
NOTICE OF 1/27/98 PUBLIC HEARING
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER
PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT
LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE
AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE
CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE
REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER
WILLIAM D'ANDREA, ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW
HALL BOULEVARD, TIGARD, OREGON 97223.
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NOTICE OF 1/27/98 PUBLIC HEARING
FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET VACATION (Page 1 of j)
EXHI -
2S112AC-00400 2S112AC-01000
NATIONAL SAFETY CO SOUTHERN PACIFIC TRANSPORTATION
14480 YORBA PO BOX 2500
CHINO,CA 91710 BROOMFIELD,CO 80038
2S112AC-01100 2S112AC-01500
PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIAT
15350 SW SEQUOIA PKWY#300-WMI 15350 SW SE Y#300-WMI
PORTLAND,OR 97224 D,OR 97224
2S112DB-00400 2S112DB-00401
OR-WASH ENTERPRISES UNLIMITED PACIFIC REALTY ASSOCIATES
111 SW 5TH AVE#3400 15350 SW S AIA-T'RWY#300-WMI
PORTLAND,OR 97204 AND,OR 97224
2S112DC-00200 2S112DC-00201
PACIFIC REALTY ASSOCIAT PACIFIC REALTY ASSOCIAT
15350 SW S WY#300-WMI 15350 SW S Y#300-WMI
AND,OR 97224 ND,OR 97224
2S112DC-01200 2S112DC-01300
AKERMAN RICHARD D& PASTOR WILLIAM A
16075 SW UPR BOONES FRY RD 15930 SW 74TH
TIGARD,OR 97224 TIGARD,OR 97223
2S113AB-01000 2S113AB-01600
B & R INVESTMENTS DUNCAN, JOHN ARTHUR AND JANICE LEE
PO BOX 1429 16055 SW 74TH
TUALATIN OR 97062 TIGARD OR 97224
2S112DC-01400 2S112DC-01100
LOY CLARK PIPELINE CO. AKERMAN, RICHARD D & WATHEY, JAMES E
c/o CLARK, RONALD D & SHARON BY NW LANDSCAPE INDUSTRIES
16880 SW SILER RIDGE LN 16075 SW UPPER BOONES FERRY RD
BEAVERTON OR 97007 TIGARD OR 97224
t16075
B-00400 �� 2Sll3AB-OO500
N, RICHARD D f3� Y'D , JAMES E AKERMAN, RICHARD D & WATHEY, JAMES E
BOONES FERRY ROAD 16075 SW UPPER BOONES FERRY RD
OR 97229 TIGARD OR 97229
2Sll3AB-00600 2S113AB-00300
PACIFIC REALTY AS CI- AKERMAN, RICH/WATHEY, JAMES E
15350 IA PKWY #300-WMI 16075 SW UPPER BOONES FERRY RD
LAND OR 97224 TIGARD OR 97224
2S113AB-00800 2S113AB-00700
DUNCAN, JOHN A AND JANICE LEE B & R INVESTMENTS
16055 SW 74TH AVENUE 16255 SW UPPER BOONES FERRY RD
TIGARD OR 97223 TIGARD OR 97224
FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET VACATION (Page 2 of 2)
NORTHWEST LANDSCAPE INDUSTRIES
16075 SW UPPER BOONES FERRY RD
TIGARD OR 97224
NORTHWEST LANDSCAPE INDUSTRIES
RICHARD AKERMAN & JAMES WATHEY
16075 SW UPPER BOONES FERRY RD
TIGARD OR 97224
ELMO STUDD'S LUMBER SUPPLY
BILL FAGAN & RON PULLIAM
16255 SW UPPER BOONES FERRY RD
TIGARD OR 97224
STREET AND EASEMENT VACATION SCHEDULE
PROJECT: - ?A'IVW
SCHEDULE OF ACTIVITIES
Council packet due to Dick
Council packet due to Ed
Initiation - Council consent agenda (Res
Request for comments {Staff & Utilities) Pt10
Notification to affected property owners
Ad to newspaper
Ist publication
111,113 Post notice on site (5 day.s after Ist publication)
X I
2nd publication
Request for comments due
Packet report due to Dick
Packet due to Ed / Pat
Public Hearing - _City,Council
Post Ordinance (Kathy)
Send Ordinance for recording
NORTHWEST
INDUSTRIES
IES
October 9, 1997
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Addendum to request of January 30, 1997, for vacating of SW Fanno Creek Place,
Tigard, Oregon
Members of the City Council, City of Tigard
We,the property owners of lot 36 adjoining the 30'roadway as described on Exhibit A
and Exhibit B (attached), request that you take under consideration the addition to vacate
the 30'roadway adjoining lot 36, "Fanno Creek Acre Tracts", to our previous request to
vacate SW Fanno Creek Place (noted above).
Enclosed: Exhibit A: Legal description of 30' roadway
Exhibit B: Map of area showing 30' roadway
Thank you for your consideration.
Property Owners at 16075 SW Upper Boones Ferry Road, Tigard, OR 97224.
Richard D. Akerman rJa es E. Wathey
16075 S.W. UPPER BOONES FERRY RD., TIGARD, OR 97224
(503) 684-1450 FAX (503) 620-7592
® Printed on Recycled Paper
LEGAL DESCRIPTION #3950
30 FT. ROAD 9/10/97 WC
ADJOINING LOT 36
FANNO CREEK ACRE TRACTS
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
EXHIBIT "A"
PART OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST-QUARTER OF
SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
WASHINGTON COUNTY, OREGON, DEDICATED TO THE PUBLIC BY MEANS OF
"FANNO CREEK ACRE TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911 IN
WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND DESCRIBED AS FOLLOWS:
ALL OF SAID 30-FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LOT
36 OF SAID "FANNO CREEK ACRE TRACTS" LYING BETWEEN THE
SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE
EXTENDED OF SAID LOT 36; THE WESTERLY LINE OF SAID ROADWAY ADJOINS
THE 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY AND IS 163.8
FEET LONG.
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LEGAL DESCRIPTION JOB NO. 3950
PORTION OF 4/23/97 WC
S.W. FANNO CREEK PLACE
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
ONMBIT"A"
THAT PORTION OF S.W. FANNO CREEK PLACE(COUNTY ROAD A-138)IN THE
NORTHEAST-QUARTER OF SECTION 13,TOWNSHIP 2 SOUTH,RANGE 1 WEST,
WILLAMETTE MERIDIAN,WASHINGTON COUNTY, OREGON DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTH CORNER OF TRACT 37,"FANNO CREEK ACRE
TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911, IN WASHINGTON
COUNTY PLAT BOOK 5, PAGE 14,AND RUNNING THENCE ALONG THE
SOUTHWESTERLY LINES OF TRACTS 37 AND 36 OF SAID"FANNO CREEK ACRE
TRACTS",N.44037'35"W.31 412.16 FEET TO THE EASTERLY LINE OF THE OREGON
ELECTRIC RAILWAY RIGHT-OF-WAY,25.00 FEET FROM CENTERLINE; THENCE,
ALONG SAID RIGHT-OF-WAY LINE,42.53 FEET ALONG THE ARC OF A NON-
TANGENT CURVE.RIGHT, CONCAVE NORTHWEST, THE RADIUS OF WHICH IS
1,457.69 FEET,THE CENTRAL ANGLE IS 1°40'3 8", AND THE LONG CHORD BEARS
S.25031'21"W., 42.53 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF S.W.
FANNO CREEK PLACE(COUNTY ROAD NO. A-)38);THENCE,ALONG SAID FANNO
CREEK PLACE RIGHT-OF-WAY LINE,PARALLEL WITH AND 40.00 FEET
PERPENDICULAR FROM SAID SOUTHWESTERLY LINE OF TRACTS 36 AND 37,
S.44037'35"E., 381.61 FEET TO A POINT-OF-CURVATURE;THENCE, ALONG THE
RIGHT-OF-WAY LINE OF THAT PARCEL 2 DESCRIBED IN THE STREET DEDICATION
TO THE PUBLIC RECORDED AUGUST 1, 1983,WASHINGTON COUNTY RECORDER'S
FEE NO, 83-27515, 16.54 FEET ALONG THE ARC OF A CURVE RIGHT, CONCAVE
WEST, THE RADIUS OF WHICH IS 14.00 FEET,THE CENTRAL ANGLE IS 67°40'37",
AND THE LONG CHORD BEARS S.10047'1-r'E., 15.59 FEET TO THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF S.W. UPPER BOONES FERRY ROAD(COUNTY ROAD NO,
534), 30.00 FEET FROM CENTERLINE;THENCE, ALONG SAID S.W. UPPER BOONES
FERRY ROAD RIGHT-OF-WAY LINE,N.49005'02"E.0 48.78 FEET TO THE POINT-OF-
BEGINNING;CONTAINING 16,174 SQUARE FEET,MORE OR LESS;TRIS
DESCRIPTION WAS PREPARED FROM THE MAP OF SURVEY NO. 18,823 ON FILE IN
THE WASHINGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY REFERENCE
IS MADE A PART FIE.REOF.
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-INDUSTRIES
April 24, 1997
Will D'Andrea
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Portion of SW Fanno Creek Place
City of Tigard,
Washington County, Oregon
To be vacated
Dear Mr. D'Andrea,
Enclosed is the proper legal description and map for our request to the Tigard City
Council made on January 30, 1997, for vacating of the above street. I have enclosed a
copy of our original request letter.
Sorry for the delay in correcting the paperwork. Please let me know if this is sufficient,
or if anything else is needed.
Sincerely,
GZ-y . 9`d�rv�-n-•�z.J
Janette Henman
Administrative Assistant
JH/
Enclosures
16075 S.W. UPPER BOONES FERRY RD., TIGARD, OR 97224
(503) 684-1450 FAX (503) 620-7592
® Printed on Recycled Paper
January 30, 1997
City of Tigard n
13125 SW Hall Blvd.
Tigard, OR 97223
RE: SW Fanno Creek Place, Tigard, Oregon
Members of the City Council, City of Tigard
We,the property owners adjoining SW Fanno Creek Place,request the City Council take
under consideration the vacating of SW Fanno Creek Place.
Enclosed is our check in the amount of$1,530. for deposit and the following exhibits:
(Two checks in the amount of $765.00/each)
Exhibit 6 Map of area showing Fanno Creek Place and surrounding properties.
Exhibit: Legal description of Fanno Creek Place
Thank you for your consideration,
Property Owners at 16075 SW Upper Boones Ferry Road, Tigard, OR 97224
Richard I Akerman James E. Wathey
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Property owners at 16255 SW Upper Boones Ferry Road, Tigard, Oregon
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February 14, 1997
CITY OF TIGARD
OREGON
Northwest Landscape Industries
16075 SW Upper Boones Ferry Road
Tigard, OR 97224
Re: Street Vacation Request
To Whom It May Concern:
The Planning Division has received a letter requesting that the City of Tigard initiate
vacation proceeding for public right-of-way generally known as SW Fanno Creek Place.
The documentation submitted with the request is insufficient to process the request
Enclosed are examples of site plans and legal descriptions of sufficient detail needed to
process a vacation request Once we receive this information from you, these
documents and exhibits will be included in the City Ordinance which officially vacates
the public right-of-way and is formally recorded.
If you have any questions concerning this information, please feel free to contact me at
(503) 6394171.
Sincerely,
William D'Andrea
Associate Planner, AICP
i:%c—jrpinVann=.ftr
c: Correspondence file
Fanno Creek Place public right-of-way land use file
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772
RECEIVED PLANNING
FEB 0 3 1997
CITYOFTWW
January 30, 1997
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: SW Fanno Creek Place, Tigard, Oregon
Members of the City Council, City of Tigard
We,the property owners adjoining SW Fanno Creek Place, request the City Council take
under consideration the vacating of SW Fanno Creek Place.
Enclosed is our check in the amount of$1,530. for deposit and the following exhibits:
(Two checks in the amount of $765 .00/each)
Exhibit A: Map of area showing Fanno Creek Place and surrounding properties.
Exhibit B: Legal description of Fanno Creek Place
Thank you for your consideration,
Property Owners at 16075 SW Upper Boones Ferry Road, Tigard, OR 9-7224
Richard D. Akerman James E. Watheyr7
1
Property owners at 16255 SW Upper Boones Ferry Road, Tigard, Oregon
Bill Fagan V kon Pulliam
EXHIBIT "A"
/ SEE MAP
2S 11200
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EXHIBIT "B"
SW Fanno Creek Place runs Northwest from SW Upper Boones Ferry Road and dead-
ends at the Northern Railroad tracks. The street is approximately 60'in width and 396' in
length. It is a gravel road used only by Northwest Landscape Industries, located at 16075
SW Upper Boones Ferry Road and Elmo Studd's Lumber Supply located at 16255 SW
Upper Boones Ferry Road. SEE EXHIBIT `A'
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CITY OF T IGARD, OREGON 52352
RESOLUTION NO. 79-_LI
A RESOLUTION ACKNOWLEDGING INSUFFICIENCY OF PROCEEDINGS IN CONNECTION
WITH ORDINANCE NO. 79-63 .
WHEREAS , on August 13, 1979 the Tigard City Council passed
Ordinance No, 79-63 vacating a portion of an unnamed right-of-way in
Fanno Creek Acre Tracts adjacent to property owned by Harvey King;
and
WHEREAS, it appears that the consent of all persons owning
land abutting the land to be vacated had not been given at the time
of the passage of the ordinance, and that the consent of all persons
owning land abutting the land to be vacated was required, under the
circumstances of this proceeding, pursuant to ORS 271. 080;
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council recognizes that the vacation described in
Ordinance No. 79-63 cannot become effective, pursuant to ORS 271. 080,
without the consent of all abutting owners, and that the consent of
all abutting owners has not been obtained, and that the vacation has
therefore not been accomplished.
PASSED byli ,vote, of the City Council this 1,o"` -day of
December, 1979 .
J �� r
YOR, CITY G ' TIGARD
ATT ST: STATE OF OREGON
County of Washington )} SS
' omf.
Doris Hartlg, order I, Roger Thssen. Directore of Records
i and Election$""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
f
�' ..
STATE OF OREGON) lNbb(EQ
ss y
City of Tigard ) ZQ 15.7 flu,'T
I , DORIS IIARTIG, 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
Resolution No . 79-115 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 Resolution N079-115
M IN WITNESS WHEREOF I have hereunto set my hand and the seal of
7the City of Tigard this 12th day of December , 1979
�', City Recorder
NN9'" ,:'°�•R�°'��solution No. 79-115 nullifies the Fanno Creek Acres Tracts"Vacation ' '
ook 79035208,; Page Nos. 1 thru 3, recorded Aug 29, 1979 -:10:42 a.m. -
_ .. ..
t
McCORMICK & REYNOLDS
ATTORNEYS AT LAW
DONALD B.MCCORMICK TELEPHONE
STANDARD PLAZA
JOHN F.REYNOLDS 226-7986
PORTLAND,OREGON 97204
JOHN E.JOHANSEN.JR.
TED M. MILLER October 11 , 1979
Tigard City Council
Tigard City Hall
Tigard, Oregon 97223
Re: The Harvey King Street Vacation
Ordinance No. 79-13
Honorable Mayor and Members
of the Tigard City Council : .
I am submitting the following to help you understand the
position of John Skourtes and William Dieter regarding the vacation
of the property south of Bonita Road and adjacent to the property
of Harvey King.
Only four parties BACKGROUND: First, it should be' noted that only four
abut the vacated parties own amend abutting on the land in question. These are:
property. 1 Harvey King, owner of Tax Lots 1600, 1700 and 1800 to the east
of the vacated property; (2) Southern Pacific Railroad, owner of
Tax Lot 2800 to the south; (3) Burlington Northern, owner of the
railroad right of way to the west; and 4 Either John Skourtes
or William Dieter (Depending on the validity of Deiters title ,
owner of Tax Lot 4001 to the north.
Harvey King is Second, the only party who directly benefited from the
the only party vacation was Harvey King to whom title to the vacated property will
directly presumably pass.
benefited.
Third, John Skourtes and William Dieter opposed the
Access to Tax vacation because it denies access to Tax Lot 4001 , which was sold
Lot 4001 denied. by John Skourtes to Bill Dieter in 1978 by a recorded deed. Whether
Bill Dieter has a ."legal" lot or an "illegal" lot is a question best
determined in a court proceeding. He'certainly has a property
interest by virtue of his deed. If there was a defective partition,
this may be remedied. It is unfair for this body to ignore his
property interest and deprive this lot of its access.
City Council THE COUNCIL'S PREVIOUS ACTION: The City Council of Tigard
vacated said received a taxpayer's petition to vacate this land and duly held a
land. public hearing on the matter on July 23, 1979. John Skourtes and
William Dieter appeared and opposed the vacation. On August 13, 1979,
the City Council enacted an ordinance vacating said land.
Statute requires However,., City Attorney Joe Bailey correctly pointed out
consent of all to the Council at its meeting on October 8, 1979, that the Council
abutting land- was not empowered to vacate the land upon a taxpayer's petition
owners when unless. all the abutting landowners consented to the vacation.
taxpayer petitions
for vacation.
' j 1
Tigard City Council -2- October 11 , 1979
Oregon Revised Statute 271 .080 was the proper enabling statute and
it requires:
"the consent of the owners of all abutting
property and of not less than two-thirds in
area of the real property affected thereby."
utting land-
ners refused Either John Skourtes or Bill Dieter is an abutting land-
consent. owner, and both refused to consent to this vacation.
uncil moved The Council , at its October 8, 1979 meeting, correctly
"undo" former moved that staff prepare a resolution to "undo" the former vacation
cation ordinance.
dinance.
COUNCIL'S PROPOSED ACTION:
ggestion that
At the October 8 meeting, Joe Bailey suggested that the
gard vacate the
nd on its own city council should on its own motion, enact a vacation ordinance
tion. to accomplish the same thing as former ordinance.
vantage: Does
,t require This procedure has the advantage of not requiring the
tnsent of all consent of all abutting property owners. The City may accomplish
,utting land- for Harvey King what Harvey King could not legally accomplish himself.
niers.
is procedure is that the City
sadvantage: City The disadvantage of thof
Tigard liable Ti and would be liable in dama es to John Skourtes or Bill Dieter
)r any decrease for any substantial decrease in the market value of their property.
i market value
abutting The enabling statute specifically states that the land shall
-operty. not be vacated without the consent of the owners of abutting property:
"if the vacation will substantially affect the
market value of such property, unless the city
governing body provides for paying damages" .
ORS 271 .130.
nount of If the Council determines there would be no decrease in
=crease deter- market value, this finding is subject to review by the Circuit Court
fined by Circuit upon an appeal ofisthe
a decreaseein marketivaluee-- the Citythe
ofCircuit
Tigard
curt on appeal . Court that there
will be liable for this amount. oIfhBillrDieter.is indeed landlocked
-- his damage is the
rty
hatup blit Before the City Council intercedes on behalf of one
what
nterest would taxpayer to the ha5ervedm ofanoHowrdoeslvacation ofshouldamine this propertylic benefit
e served? interest is being
the City of Tigard?
Tigard City Council -3- October 11 , 1979
Is the City The only party who will directly benefit is Harvey King.
willing to Is the City willing to pay damages to John Skourtes or Bill Dieter
pay damages on so Harvey King may expand his parking lot?
behalf of
Harvey King? I would respectfully .suggest that the City has more
The public worthy projects on which to spend the taxpayers' money. I would
interest does also suggest the public interest is not best served when the
not support the City Council takes a position in a dispute between individuals
Council ' s over private property rights.
position. Thank you for your attention and consideration of this
matter.
Sincerely,
McCO CK & REYNOLDS
Ted M. i ler
Of Attorneys for John Skourtes
and William Dieter
TMM/dlm
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fills insurance < ' WASHINGTON COUNTY OFFICES
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PUBLIC HEARINGS - 8:00 P.M.
13. STREET VACATION - FA-NNO CREEK ACRE TRACTS
F
d
^) Continued from July 23, 1979 Council meeting. ,
(b) Public Hearing Opened
(c) Planning Director noted area concerned and gave brief background on project.
(d) Public Testimony
Proponents
ASDR� —T1
Mr. Harvey King, 4505 SW Bernal pprove
the vacation request expounding
Opponents
Mr. William Dieter, 10365 SW He A OZIFG-ls t
4001 requested Council not appr
would then be landlocked.
Mc. John Skourtes, Beaverton, ri �
the impact the vacation would h�
Cross Examination
Staff, Legal Counsel, Audience, ing
legality of the formation of tax
had not created the lot even tho
(e) Planning Director recommended the vacation request be granted because the
City was not responsible for land locking tha property known as tax lot 4001.
(f) Public Hearing Closed.
(g) ORDINANCE No. 79-63 AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF AN
UNNA ED 30 FO.''T WIDE RICHT-OF-WAY IN FAiitiO CREEK ACRE
TRACTS IN THE CITY OF TIG_.RD, WASHINGTON COUNTY, OREGON.
(h) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve.
Approved by unanimous vote of Council present.
14. NPO #4 Interpretation of Policy #25 which discourages the development of smaller
than one acre lots for commercial professional use. Specifically Jack St. Clair,
Tax Map 2S1 IAD, Tax Lot 400, corner of SW 67th and Hampton.
(a) Planning Director synopsized problem and after lengthy discussion with
Council requested only owners of lots of record be allowed to develop
less than one acre lots if the zoning was C-P prior to the NPO Plan adoption.
(b) motion by Councilwoman Stimler, seconded by Councilman Cook to approve per
Planning Director's recommendation.
Page 3 - COUNCIL MINUTES - AUGUST 13, 1979
1
i.
CITY OF TIGARD, OREGO:.
ORDINANCE NO. 79-__B_
A` ORDINANCE VACATING DEDICATED UNOPENED PORTION OF AN UNNL1 `D 30 FOOT GIDE RIGHT-OF•-
WAY IN FANNO CREEK ACRE TRACTS IN THE CITY OF TIGARD, WASHIUCTON COTUNkTY, 0RECON.
THE CITY OF TIGARD ORDAINS AS FOLLO1S:
Section 1: The Council finds that Resolution No. 79-64 was adopted by the Council
on June 11, 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 July 23, 1979, and that notice of said hearing ::as given as
required by Chapter 271.110 O.R.S. as set forth in said resolution.
Section 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
July 23, 1979, at which time and place the Council afforded all interested persons
an opportunity to be heard for or against the proposed vacat?on of said lands, the
Council further considered all objections thereto.
Section 3: The Council. further find' that a majority of the oi;mers of the area
affected by said proposed vacation, computed or: the basis provided by
Chapter 271.080 O.R.S., did not object thereto in writing and that ow-nsrs zffected
hereby did, in fact, favor the vacation of said area; and the Council firds 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 lards 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 approve---d.
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,
have been paid on the lands proposed to be vacated.
Section 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
length and width of said portion of street:
As described in Exhibit "A", attached hereto and by rcf,rence made
a part hereof.
Section 7: That the City Recorder he, and she is hereby authorised and directed to
have a certified copy of this ordinance filed *or record with the
following Washington County departments:
1. Department of Records & Elections
2. Department of Revenue & Taxation - Attr.: A_-sessor
3. Departm_nt of Public Vorks - Attn: Coui Ly Surveyor
all as required by Chapter 271.. 150 O.R.S.
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 lri)Ut;Ikr f,)Lt _ vote of all Council merabers present, after
being read two times by number and title only, this day of
1979.
:.—•ate-cam
City RerArIer (j
APPROVED: This l,� day of �� 1979, cyvthe Mayor.
e�
i ✓d' .ori--+
Mayor
E
t
i
i
i
i
PAGE 2 - ORDINANCE No.
w
y a N g t
`s. '-_ ,t•),� s ,�,+ v � � �°row"�-Y'i+ �'' .
.d-.
B
EXHIBIT "A"
i
1
j
1
I
LEGAL FOR ROAD VACATION
That portion of that 30 foot wide road, Easterly of, and adjacent
to the gest Boundary of Lots 21 22, and 23, FF.YC;O C EEr:
6'
r. r T A R l (: 1 T Y C 0 U 1% C I O
STUDY SESSION I.INUTFS, :'XGUST 6, 1979, 7:47 P.M'.
1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Tom Brian, John E.
Cook, Kennett; 1.4. Scheckla; Councilwoman Nancie Stimler; Chief
of Police, Robert Adams; Legal Counsel, Joe t). Bailey; City
s
Recorder/Finance Director, Doris Hartig; Research and Develop-
ment Assistant, Martha McLennan; Building Official, Ed Walden. .j
2. APPEAL REGARDING WEDGEWOOD HOMES, 11930 S.W. MORNING HILL DRIVE -
Variance to Uniform Building Code
(a) Building Official gave a brief history of the problem with this house,
stating that there was a discrepepcy between the plans and the actual
building with respect to ceiling heights (plans showed 7'9'2", actual
building is 7' , code requires 7'6"). He went on to say that a stop '
work order was placed on the project until this matter could be resolv-
ed. Referring to a letter from John H. Klein of Wedgewood Homes (dated
7/27/79), Building Official reported that they have requested a variance
to allow completion of the building on the basis that the 7' ceiling
height is expected to be allowed in the 1979 Uniform Building Code. 'n
addition, the letter specifies that a letter would be prepared should
the building be sold prior to the adoption of the 1979 Code, which would
notify the owner of the discrepency and hold the City harmless. letter
would be filed in Washington County deed records.
(b) After much discussion by Council relating to cost to the builder,
precedence, and detriment to the house, Mayor asked for a recommenda-
tion from the Building Official. Building Official stated that he
leaned towards the builder (favoring the variance) , however tie felt
that he could not recommend to Council that they allow a violation of
the Code. Mayor asked that this be brought back next week for public
hearing and possible action.
3. RESOLUTION No. 79- A RESOLUTION OF THE TIGARD CITY COUNCIL CREATING A
STREET PLUG AT THE WEST END OF S.W. VARNS STREET
TO ELIMINATE. THROUGH TRAFFIC.
(a) City Recorder stated that this was merely an opportunity for Council to
review the proposed Resolution.
(b) Councilman Brian felt that the third paragraph should be deleted, i.e. :
"and WHEREAS, the Council feels this would keep intact the residential
character of Rolling Hills Subdivision." Consensus of Council to
delete this paragraph. Mayor asked that this be brought back next week
for further consideration.
4. STATUS REPORT - Harvey King's Fanno Creek Acre Tracts Vacation 3eyuest
(a) Legal Counsel gave an up-date on this issue stating that the applica-
tion for a minor land partition to create Tax Lot 4001 had not been
- o
found, nor had any related documentation been found (receipts, etc.) .
He reported that a photocopy of a document which could be the applica-
tion had been given to him by Mr. Skourtes, however the copy was so
faded that it was not possible to t,--Il that this was the document
in question. He went on to say that he would continue his research
and report next week.
5. HARVEY KING SEWER AGREEMENT
(a) Legal Counsel stated that there was no report for Council at this time.
He requested that it be placed on nest weeds agenda.
6. BID OPENING
*S.W. Varns Street L.I.D.
* Traffic Counters
(a) City Recorder reported that bids had been received on both project and
had been sent out for evaluation. P.ecomme:.dations for awarding bids
would come when the City administrator returns from vacation. she bids
were:
Varns Street: Amersons Excavating - $58,855.33
Oregon Asphaltic Paving - $75,557.90
Traffic Counters: Leopold 5 Stevens Inc. - $4,707.00
7. OTHER
(a) Councilman Scheckla expressed his disappointment at the way the
Dartmouth/Pfaffle Intersection meeting was conducted at City Hall on
August 2, 1979. He stated that the space, seating and provisions for
hearing speakers were inadequate. He asked that staff correct these
kinds of problems as they discourage citizen participation.
(b) Councilwoman Stimler stated that a recent Park Board meeting had
similar kinds of problems and suggested that staff look into the
availability of spaces ot`+er than City Fall for public meetings.
(c) Councilman Brian thanked all organizers and participants of Town and
County Days for an enjoyable civic event.
ADJOURNMENT: 8:20 P.M.
City Recorder /
r /
ATTEST: V
May .
PAGE 2 - STi;11Y SESSION MINUTFS - AUGUST 6, 1979
t
(a) Planning Director requested Council omit item from the public hearing.
(b) Consensus of Council was to omit.
18. ZONE CHANGE ZC 19-79 Jolivette Construction NPO #3
A request by Steven L. Jolivette for a zone map amendment from Wash. Co. RS-1 tc
City of Tigard R-15 "Single Family Residential" zone on a .93 acre parcel, locat
at 12800 SW Walnut Street (Wash. Co. Tax Map 2S1 4AD, Tax Lot 3500) .
(a) Planning Director stated Planning Commission recommended approval.
(b) ORDINANCE No. 79-59 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN AP-
PLICATION BY STEVEN JOLIVETTE FOR AN AMENDMENT TO THE
1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE
ZONE DISTRICT FOR A TRACT OF T D AT 12800 S.W. WI.LNITI
AND DEPICTED ON WASHINGTON COUNTY TAX MAF 2S1 4AD, TAX
LOT 3500, FROM WASHINGTON COUNTY RS-1 TO CITY OF TIGAR
R-15 "SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIIBITS
"A", "B", & "C" GRANTING THE APPL I--%TION AND FIXING AJd
EFFECTIVE DATE.
(c) Motion by Councilman Brian, seconded by Councilman Cook to approve.
(d) Lengthy discussion ensued regarding Condition \o. 1 questioning whether a
half street improvement or a non-remonstrance agreement was more desirable
on Walnut Street.
(e) Motion by Councilman Brian, seconded by Councilman Cook to amend Ordinance
No. 79-59 by amending Condition #1 to read as follows:
"That the applicant dedicate ten (10) foot right-of-way along the frontage
of the subject site on SW Walnut Street and sign a non-remonstrance agree-
ment prior to issuance of Building Permits and not remonstrate against any
sidewalk improvements along Soh' Walnut Street.
r
r motion to amend appro.ed by unanimous vote of Council.
r
Ordinance No. 79-59, as amended, was approved by unanimous vote of Council,
4 19. STREET VACATION - FANNO CREEK ACRE TRACTS
(a) Public Hearing Opened
(b) Planning Director gave brief synopsis of history and current status of pro,
(c) Public Testimony
Y
Proponents
Mr. Harvey King, 4505 SW Bernard Drive, Portland, 97201, presented slides
the area and requested Council approve request as he has requested right-o
zy fro.. the railroad to serve his property and has no need for the street
it exists.
Opponents
Mr. William Dieter, 10365 SW Heather Lane, Beaverton, stated that his land
would be landlocked if this vacation were permitted.
PAGE 5 - REGULAR MEETING - JULY 23, 1979
(d) After lengthy discussion between staff, Council, proponents and opponent,
Councilman Brian moved to table item until staff and Legal Counsel has time
to do further investigation in the matter. Motion seconded by Councilwoman
Stimler.
Approved by unanimous vote of Council.
(e) John Skourtes and Mr. William Dieter requested they be notified when Council
will consider.
20. NOISE MITIGATION - 99W TSM Project
(a) Planning Director stated St. Anthony's School has requested something be
done regarding the increased noise from Pacific Highway. This could be
done with the TSM Project at an additional cost of $46,000 of which the
City's share would be 15% or approximately $6,440.
(b) Mr. Don Adams from Oregon Department of Transportation spoke regarding the
ways to decrease the noise level i--.side the school and answered (3--..stions
from Council and staff regarding decible levels and alternatives to help
the school face this problem.
(c) Consensus of Council was to direct staff to contact the school and see if
there was still a desire on their part to pay the $6,440 for the project
to be completed with the TSM project. This must be done quickly so as to
allow the state to include this item in the letting of bids in September.
21. ORDINANCE No. 79-60 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28, OF
THE TIGARD MUNICIPAL CODE BY ADDING TO SECTION 10.28.130
TO PROHIBIT PARKING ON A PORTION OF SW GAARDE STREET, FROM
SW PACIFIC HIGHWAY TO SW 112Th AVENUE, DECLARING AN EMERGENCY
AND FIXING AN EFFECTIVE DATE.
(a) Chief of Police recommended approval due to traffic hazards.
(b) Motion by Councilman Cook, secon!ed by Councilwoman Stimler to approve.
Approved by unanimous vote of Council.
22. RESOLUTION No. 79-79 A RESOLUTION OF THE TIGARD CITY COUNCIL AC NOVLEDGING RECEIPT
OF A TRIPLE MAJORITY ANNEXATION PETITION CONSENTING TO THE
ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARD-
ING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVER-NMNT BOUNDARY
COMMl SSION. (Pembrook)
(a) Planning Director recommended approval.
(b) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve.
Approved by majority vote of Council, Councilman Scheckla voting nay.
PAGE 6 - REGULAR MEETING - JULY 23, 1979
yak f l
ST,XFF PL'POPT
`l':IGARD Pr.A..N1 iG DEPARTMENT \
September 1.3, 1979
City Hall,, 12420 SW Main Street
t
DOCKET: Site Design Review (SDR 44-79)
King Business Center
APPLICANT: Harvey E. King
4505 SW Bernard Drive
Portland, Oregon 97201
LOCATION: 14900 SW 74th Avenue, Tigard
(clash. Co. Tax Mair 2S1 12A, Tax Lots 1600, 1700, 1800) .
REQUEST: Site plan and design review for a business center.
S's TE
DE•:SIGOATION: M-3 Light Industrial Zone
PARKING: Pursuant to Section 18.60.160 of the Tigard Municipal Code, minimum
standards for parking are as follows:
Anglo/Curb Stall Width Channel Width Aisle Width
�90o 9, 6" 19' 0" 24` 0"
Minimum Space Requirements
One parking space for each 1500 square feet of gross floor area.
Number of spaces required = 60 spaces
Number proposed = 130 spaces
SITE PLAN AND DESIGN F-VIEW:
The subject site is designated "Light Industrial" on the 14PO tt Five Plan and is
zoned M-3 Lignt Industrial.
The applicant is proposing to construct a business center (office and storage
operatior.$) adjaceat to a railroad right-of-way and along SW 74th Avenue.
Surrounding land uses include the Southern Pacific Railroad to the east and the
Furlir.gton Northern Fwilroad to the west.
Since access to the subject site will require crossing the Burlington Northern
;.-ine, p,o�risi.ons have to be marle for adacuate signalization and/or warning
uv..v.ice(s) .
The landscape plan and setback requirements are adequate and comply with current
standards.
STAFF RF.COMMENDATION:
Staff recommends approval of the preliminary site and design plan subject to
tho following conditions:
Y
STAFF REPORT
TIGARD PLANNING Df:FA?TcdENT
SDR 44-79
Page 2
1. Tha the parking plan be revised to; (a) delete the parking stalls d,�signated
for "compact. cars"; (b) delete four parking spaces, as marked on the preliminary
site plan, to be landscaped and maintained; (c) ensure the minimum standard's
for parking stall width and length (i.e. 9' 6" ;; 19' 0") ; (d) and any additional
alterations as recorded on the preliminary site plan.
2. That the applicant provide adequate signalization and/or warning device(s)
for the proposed railroad crossing. These plans will be reviewed by the
Planning Director prior to issuance of occupancy permits.
3. All off-street parking stall be effectively screened from tate public rigit-
of-way. Landscaping shall be maintained along the western perimeter of the
site and shall not inhibit the visual view of approaching trains.
4. The applicant must agree to provide. half-street improvements all along the
western boundary of the site to local street standards prior to the issuance
of occupancy permit.
5. Detailed sanitary sewerage ser-ice and storm drainage plans will be submitted
for review and approval by the -:itv Engineer.
6. City "Street Opening Permit" required for northern access onto 74th Avenue
and Washington County "Street Opening Permit" required for southern access
onto 74th Avenue.
7. A letter and/or a permit should be produced ackno%,ledging the applicant's
request to cross the tracks and Parlington Northern's approval for the same.
8. The applicant shall submit a lighting installation plan for approval prior to
the issuance of an occupancy permit.
9. There shall be no obstruction in regards to movement of emergency vehicles
to the rear of the building and along the rail. spur.
10. No Occupancy Permits shall be issued until all conditions have been satisfied
and approved by the Planning Director and final inspections have been made
by the Building Official.
11. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate department and changes are approved
b" hat d__part_�-nt. AnplicatA: .r: for c1;.ancJ� .oi.11 I)- rad-, in writing and
shall include applicable drawings, engineering specifications and other
details requested by the department. No construction shall take place in
]n:, tan c,_.-. iLitiI a_rtor i:: ch.tP. [..'en aL %I' it':d. tI:y
from this condition will result in the immediate posting of a stop work
order on the project or any portion of the project.
12. Tigard Unified Sewerage Agency sanitary sewer service shall be physically
installed to serve this property prior to the issuance of building permits.
sr
STAFF REPORT
TIGARD PLANNING DEPARTMENT
SDR 44--79
Page 3
13. Tigard Water District service shall be physically installed to serve the
property prior to the issuance of Building Permits.
14. Maintenance of all traffic warning systems shall be the sole responsibility
of the property owner and all associated liabilities sha]1 be exclusively
borne by the property owner. Maintenance of railroad crossings and all
associated landscaping shall be the responsibility of the property owner.
A letter from Burlington Northern agreeing to the landscaping plan shall be
made part of this record prior to issuance of Occupancy Permits.
No further action will be taken on this project until this document has
been signed.
NOTE: The following acknowledgement must be signed and returned to the City
of Tigard, Planning Department, within fourteen (14) days of your receipt.
Failure to return this acknowledgement will result in no further action
on this project with regards to issuance of building per—its or engineering
approval.
A 7�
Signature Date
n
Report Prepared by: Azam Bl,t� Approved by: Al oward
Com,�ty�esign Planner P nn' g Director
t
LICENSE
This license, given by the City of Tigard, entitles
Harvey King (hereafter "grantee") , his successors and assigns,
to the certain limited, desc. ibed uses of the real property
described in Exhibit. "A, " which will hereafter be referred to
as "the subject property. "
The subject property is a portion of a dedicated but
undeveloped and unaccepted public street right-of-way. By this
license the City of Tigard grants to grantee the rights to make
the following uses of the subject property :
1. To park cars , trucks, and other machinery.
(This right includes the right to pave; to
mark the pavement, to construct: curbs, and
make such other improvements and alterations
to the land as may be reasonably necessary to
facilitate the described use and to meet rel-
evant requirements of the Tigard Muncipal
Code and such land-use requirements and limi-
tations as the City may impose from time to
time. )
2 . To landscape.
3. To place upon the subject property piping,
wiring, meter boxes , and such other similar
ancillary equipment, machinery, and supplies
as may be useful to any legal business or
residential use of the adjacent parcel
described in Exhibit "B, " which is hereby
incorporated.
The limitations on this license include the following:
A. If at any time the City or any other government
or any person, partnership, or corporation pro-
poses the opening, improvement, or governmental
acceptance of the subject property as an improved
public street or road, grantee shall remove at
his expense and within 90 days of receipt of
written notice to do so from the City any curbs,
• �. � ,� i rj
t
µ,
{
fences , walls , berms , trees , or other impedi-
ments to the opening of the subject property for
public travel. (The City shall not give the
described notice until it has authorized the
improvement of the subject property as a public
street or road and satisfied itself as to the
proposed developer 's good faith intent to
make the improvement and his or its capacity
to accomplish the project. )
B. Grantee accepts responsibility for the care and
maintenance of the subject property, and agrees
to hold the City and any other government harm-
less from any claim arising out out the main-
tenance of the subject property, its condition,
and the operation, condition and maintenance
of all equipment, supplies , structures, and
artificial conditions placed upon or created
upon the subject property.
C. This license shall not entitle grantee to use
of the subject property for the purpose of
providing access to any tract of land other
than that described in Exhibit "B. "
D. This license shall expire 99 years from the
latest date written beside the signatures at
the end of this document, unless sooner ter-
minated by other conditions recited in this
document or by the consent of all parties.
Executed this day of _ 19__ on
behalf of the City of Tigard:
Subscribed and sworn to before me this day of
Notary Public for Oregon
My commission expires :
Executed by Harvey King this day of 19
Subscribed and sworn to before me phis - day of
x,
Notary ubl icor Oregon
My corunission expires :
2 - LICENSE $
`a
EXHIBIT "A"
That portion of that 30-foot-wide road, easterly
of, and adjacent to the west boundary of Lots 21, 22 and
23, Fanno Creek Acre Tracts , a duly recorded subdivision
in Section 12 , Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon.
{
1,
• `N
EXHIBIT "B"
Lots 21, 22 , and 23, Fanno Creek Acre Tracts, a
duly recorded subdivision in Section 12, Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon.
,z
�.. A1%
CITY OF TIGARD, OREGON
RESOLUTION NO. 79-
A RESOLUTION ACKNOWLEDGING INSUFFICIENCY OF PROCEEDINGS IN CONNECTION
WITH ORDINANCE NO. 79-63 .
WHEREAS, on August 13 , 1979 the Tigard City Council passed
Ordinance No. 79-63 vacating a portion of an unnamed right-of-way in
Fanno Creek Acre Tracts adjacent to property owned by Harvey King;
and
WHEREAS, it appears that the consent of all persons owning
land abutting the land to be vacated had not been given at the time
of the passage of the ordinance, and that the consent of all persons
owning land abutting the land to be vacated was required, under the
circumstances of this proceeding, pursuant to ORS 27l.080;
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council recognizes that the vacation described in
Ordinance No. 79-63 cannot become effective, pursuant to ORS 271. 080,
without the consent of all abutting owners., and that the consent of
all abutting owners has not been 'obtained, and that the vacation has
therefore not been accomplished.
PASSED by vote of the City Council this day of
December, 1979 .
MAYOR, CITY OF TIGARD
ATTEST:
Doris Hartig, Recorder
-
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!I%!& PTANNING WEPASTMFNT
8, 1981
I X-":K!:T EIIE DESLGN REVIEW, SER 7-al MERCER S7�LY
APPI',iCANT: -,:;PCER IN!NSTPTES, INC. AR7i,—IECT: A.rtti'n M J-:net
N. W. Mc(;e(-, 7. P. origonRunk BuilAny
1•0 Box 1010-, 319 SW Washington
Portland, Grp, ;on 17210 Portland, Oregon 97204
S1'1: 10CATION: 14YU0 SW 74, Viqard, Oregcm 97204
(Washinqtan County Tnx Map 231-122, lotq 1%0, 1700, M5!
RE F E Rj%14(E., SnR 44-71, King business Center
SITE DESIGNATION: Comprehenvivo Plan d,siqnation is M-3 - Li;ht Induitrial.
The proposal usp is p,rodtted in this zone.
PA&XING REQUIRED: Mice; Vic (1) pace per 300 square feet.
Shop; one (1) space per 1OU0 square feet.
Shy Fauna TqT,s
8000 sq ft11221960, ft
.-M t-
350 sq--i_.
qY 1,000 sq ft IC00 So Et
22 space;; 40 spaces I spaces
to Required Total; 71 spaca�.3
Shown on Plan: 101 spacU3
STAFF ACTION:
Staff approves this development nubinct to tho following conditions:
1. Anylall development on either of the two (2) sites shown an the Site Pla.11
as "Future Building" shall hx-, subject to Site Design r-'---view prior to t�ie
issuance of a Building Pennit for these structures in the future.
J1,
2. The railroad crossing to the North on the nurlington Northern line shall be
for emergencies only from 74th Avenue. All cnncerns of the l'i1alatin Y�ural
Fire Protection District, (TRFPD) , Fire Marsaall shall be met prior to the
issuance of a Building Permit. The Burlington Northern Pailroad authorities
shall acce— in writing to this department the plans for this entrance.
3. The railroad crossing to QP south on the Burlington Northerl line shall he
a. reviewed with the Public Works Director, TRP.) Fire Varshall and rii1ro,,d
authorities prior to thti,-5suance of a Building Permit. Full responsibiliki
12420 S,�V MAIN P.0 eOX 23397 7=0 MGM 97223 PH: 6304171
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FINAL ACTION ?w.
SITF. DESIGN RJ`VIEW
'IV:,%RD PUNNING DI f's CTOR
IJ�RIL 8, 1`181. `F
2
for the installation and future maint�-nance of all signaling devises shall ,.
be assumed by Mercer Industrie:,, do liability shall b« assigned to or accepted
by the City of Tigard now or in the future. "`t''
4. Fire flow water shall be installed to this site. A fire hydrant shall to 7;=.
installed on this site within 250 feet of the shop building on the building
side of the railroad right-of-way.
5. All land between the curbs facing the railroad tracks and the actual railroad
right-of-way shall be landscaped with plant materials which will not exceed
the height of four (4) feet to always allow clear visibility across the tracks.
Plant materials shown on the plzai which show as "existing" may be retained.
6. Omer is to participate in the Local Improvement District (LID) for the improvement
of SW 74th Avenue.
7. owner is to participate in the Local Improvement District for the installation of
sewer service.
8. A site drainage plan shall be submitted to the Public Works Director prior to
the issuance of a Building Permit.
9. No Occupancy Permits shall be issued until all conditions placed upon this
development by the City of Tiga?:d have been satisfied and inspections verifying
this have been carried out by the appropriate departmeent. #,.
10. No changes will be made to approved plans or specifications u• .ass formal application
is made to thc, appropriate City department and changes are apt�,.ved by that
; .
department. _•=,r-.
11. All proposed utilities shall :x placed underground. Street lighting installations "::
shall be approved by the Public Works Department.
12. All street and parking areas shall be concrete or asphalt. All sidewalks shall
be concrete. .iAt
13. No Building Permits shall be issued until the expiration of the twenty (20) day
appeal period from the date of approval.
14. No minor land partitions shall be made in reference to _his project unless formal .,Vi`'
application is made to the City of Tigard Planning Department and the minor land
partition is approved and recorded. '
*y
No further action will be taken on this project until this document is sided.
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CITY OF TIGARD
NOTICE OF DECISION
SITE DEVELOPMENT REVIEW - SDR 90-0010 i
MACKENZIE - SAITO & ASSOCIATES (PACIFIC REALTY ASSOCIATES)
APPLICATION: A request by Mackenzie - Saito & Associates (Pacific Realty
Associates - property owner) for Site Development Review approval to allow
b'
construction of two flex-space industrial buildings of approximately 97,500 and
i'
20,250 square feet on a 7.32 acre parcel. Zoning Designation: I-L (Light
Industrial) . Location: North of SW Kable Lane, south of SW Bonita Road, east ;
of SW 74th Avenue (WCTM 2S1 12AC, Tax Lots 1000, 1100, 1400, and 1500; WCTM 2S1
12AC, tax lot 401) .
DECISION: Notice is hereby given that the Planning Director's designee for
the City of Tigard has APPROVED the above request subject to certain
conditions. The findings and conclusions on which the decision was based are
noted below: 3
a
A. FINDINGS OF FACT
1. Background t
!i
Three prior land use applications regarding tax lots 1000, 1100,
1400, and 1400 have been reviewed by the City of Tigard. The
Planning Director approved a Site Development Review request for
an office and warehouse business park in 1979 (SDR 44-79) . A
Site Development Review application for development of a # }
manufacturing plant on the site was approved in 1981 (SDR 78-81) .
Neither Site Development Review
pm proposal was carried through. In ( ;
1988 the City Council denied a request by Morse Brothers, Inc.
for a Comprehensive Plan Amendment from Light Industrial to Heavy
Industrial and a Zone Change from I-L (Light Industrial) to I-H
(Heavy Industrial) for the parcels. x
Minor Land Partition approval MLP 88-17 approved creation of tax ±
lot 401 from a 9.2 acre original parcel that includes the site of
Consolidated Pipe and Supply, which is immediately to the south.
No other land use or development applications regarding these
parcels have been reviewed by the City of Tigard.
2. Vicinity Information
The 7.32 acre site is located approximately 600 feet south of SW
Bonita Road, east of SW 74th Avenue and the Burlington Northern
Railroad tracks, and west of the Southern Pacific Railroad
tracks and SW 72nd Avenue. A 30-foot wide undeveloped public
right-of-way is located between the Burlington Northern Railroad
tracks and the subject parcels. The subject parcels are located
north of two recently constructed industrial flex-space
buildings on properties owned by the Pacific Realty Associates.
NOTICE OF DECISION - SDR 90-0010 - MC KENZIE/SAITO PAGE 1
i
I�
Those buildings are designated Buildings 218 and 220 of Oregon
Business Park III.
I
The subject site and adjacent properties to the north, south, and
east are all designated by the Comprehensive Plan as Light
Industrial and are zoned I-L. An automobile maintenance
facility and an industrial plastics manufacturer are located 4
immediately north of the site. Warehouse, manufacturing, and E
construction related uses are located to the east of this site
across the Southern Pacific tracks. Ball Creek crosses through
' 4
these properties and along the northern border of the site on
its course to Fanno Creek. Consolidated Plumbing Supply's
warehouse is located south of the site in addition to the two
buildings currently under development by Pacific Realty
Associates. Further south is an assortment of industrial and
limited commercial uses, including the various phases of the
Oregon Business Park. West and southwest of the site across SW
74th Avenue, properties between the road and Fanno Creek are
zoned I-P (Industrial Park) . Much of this area is currently
vacant. However, one construction storage yard and three houses
are located across 74th Avenue from the site. In addition, the
Puget Corporation manufacturing plant is located northwest of
these properties and other construction storage yards and various
industrial uses are located further south along SW 74th Avenue.
a
3. Site Information and Proposal Description
1
The site is relatively level with a slight slope to the north.
The far northern portion of this site is wooded and slopes toward
Ball Creek. The remainder of the parcel is covered by a variety
of primarily deciduous trees, grasses, and blackberry bushes.
The foundation of an old house remains on the northern portion of
the site. The applicant requests Site Development Review
approval of plans to construct two flex space industrial f
buildings on the site.
Proposed building 221 of the Oregon Business Park III would be a
97,500 square foot single-story warehouse building. This
building would be located on the southern portion of the subject
site. A number of at-grade overhead door loading areas would be
provided on the east, north, and south sides of the building. A
number of dock-high overhead doors would be located on the
western side of the building. Proposed building 222 to the north
would be a 20,250 square foot single-story industrial warehouse
building. This building also would combine at-grade overhead
doors with dock-high loading areas.
Access to the site is proposed to be provided by the northern
driveway through the site of buildings 218 and 220, as well as
through a driveway to be developed along the eastern edge of the
Consolidated Plumbing Supply site, just west of the railroad `
spur. Both access roads would connect with SW Rable Lane. In
NOTICE OF DECISION - SDR 90-0010 - MC RENZIE/SAITO PAGE 2 f
f
E '
i
I
4
clearance at driveway/road intersections, and availability of
necessary public services (water, sewer, storm sewer) .
The site plan provides an adequate number of parking spaces to satisfy
the Code parking requirements for uses likely to locate in the
proposed buildings (164 spaces provided or 1 space per 718 square feet
of gross building area; the Code requires that warehouse uses be
provided with at least 1 parking space per 1000 square feet) . The
plan also provides for a sufficient number of designated handicapped
parking spaces (4 required; 4 provided) in locations convenient to the
building entrances. The site plan notes that bicycle parking will be
provided inside the proposed buildings. Code Section 18.106.020(P)
requires that one bicycle parking space within an approved bicycle
rack be provided for every 15 automobile parking spaces. Therefore,
11 bicycle parking spaces are required. The applicant will be
required to note on tenant modification building permit plans where in
the buildings these bicycle spaces will be provided.
The site meets minimum access standards through the provision of two
access driveways from Kable Lane on either side of Buildings 218 and
220 to the south. Code Section 18.108.080.A requires that industrial
use parking areas in excess of 100 parking spaces be provided with
either two 24-foot wide access drives or one 40-foot wide access
drive. Staff and the Tualatin Valley Fire & Rescue District expressed
concerns to the applicant prior to plan submittal that because of the
location of the proposed buildings with respect to the number of
railroad tracks which cross the access drives, Kable Lane, and other
nearby streets, the potential exists for access to the proposed
buildings to be blocked creating an extremely dangerous condition with
respect to fire, police, and emergency medical service to the site.
In response to these concerns, the applicant has proposed that the
westernmost access drive be located on the west side of the rail spur
on the easement on the Consolidated Pipe and Supply property. This
has been done so that emergency vehicles could reach the subject site
during a roadway blockage on Kable and 72nd through travelling through
the Carman Executive Suites site to the western end of Kable and north
to the site. In addition, the site plan indicates that an emergency
crossing of the Burlington Northern Railroad tracks to SW 74th Avenue
is to be pursued. Staff encourages the applicant to fully pursue the
emergency access option with the railroad and the Oregon Public
Utility Commission.
C. DECISION
THE DIRECTOR'S DESIGNEE APPROVES SITE DEVELOPMENT REVIEW SDR 90-0010
SUBJECT TO THE FOLLOWING CONDITIONS. BUILDING PERMITS WILL NOT BE
ISSUED UNTIL THE FOLLOWING CONDITIONS ARE FULLY SATISFIED OR A
SATISFACTORY PERFORMANCE ASSURANCE IS POSTED GUARANTEEING COMPLETION
OF IMPROVEMENTS.
1. The applicant shall provide evidence that permission to construct
an emergency access between the proposed site and SW 74th Avenue
NOTICE OF DECISION - SDR 90-0010 - MC KENZIE/SAITO PAGE 5
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CITY OF TIGARD
NOTICE OF DECISION
SITE DEVELOPMENT REVIEW SDR 90-0009
BONADURER/DURHAM ENTERPRISES - APPLICANT/OWNER
APPLICATION: A request for site development review approval to allow the
construction of a 10,500 square foot warehouse. ZONE: I-L (Light Industrial)
LOCATION: 15930 SW 74th Avenue (WCTM 2S1 12DC tax lot 1300)
DECISION: Notice is hereby given that the Planning Director's designee for
the City of Tigard has APPROVED the above described request SUBJECT TO CERTAIN
CONDITIONS. The findings and conclusions on which the decision is based are
noted below.
A. FINDING OF FACT
1. Background
The subject site was annexed to the City in January, 1976 (Boundary
Commission file #867) . No other applications for this parcel have
been reviewed by the Planning Division.
2. Vicinity Information
Properties to the north, east, and west are zoned I-P (Industrial
Park) . Property to the south is zoned I-L (Light Industrial) .
Light industrial uses abut the property on the north, east, and
south sides. To the west is a Southern Pacific railroad track, SW
74th Avenue, and Fanno Creek.
3. Site Information and Proposal Description
This 1.08 acre site is currently occupied by a house, a machine
shop, an office/garage-shop, two above ground fuel tank stands,
and a concrete pumping station. There are a few deciduous trees on
the site but most of the site is bare or concrete-covered except
where there are existing buildings.
The applicant proposes construction of a 10,500 square foot
warehouse that will occupy the northwest corner of the site. The
remainder of the property is to be used for parking and
landscaping. All of the existing buildings, except the shop on the
north side of the site, will be removed prior to construction of
the warehouse. The above-ground fuel tanks will also be removed
prior to construction.
The site plan shows 32 parking spaces, including 1 handicapped
space, located south of the proposed warehouse. Except for the
handicapped space, all parking spaces are 10 feet wide and 18 feet
long. A 25 foot aisle separates 2 parallel rows of parking spaces.
A bicycle rack is proposed to be located at the southeast corner of
NOTICE OF DECISION - SDR 90-0009 - BONADURER PAGE 1
Screening is not required to the north and east where the site abuts
other industrial uses. No special circumstances exist that would
require screening along these property lines. On the site to the north
there is a driveway, a parking lot, landscaping, and a sight obscuring
fence separating the proposed use from the existing use. To the east of
the site an industrial building is also built adjacent to the property
line.
Visual Clearance Areas
The proposal satisfies the requirements of Code Section 18.102 for
visual clearance areas at the entrance from 74th Avenue as long as the 2
flowering pear trees proposed to be planted in the visual clearance are
maintained so as to provide clear vision between 3 and 8 feet in height.
Off-Street Parking and Loading
According to the site plan, the applicant intends to provide 32 parking
spaces, including 1 handicapped space. The number of parking spaces
proposed exceeds the number of spaces that are required (10) by 22
spaces. All of the spaces, with the exception of the handicapped space,
exceed the size requirement with respect to width. Code Section
18.106.050 requires that parking spaces be 9 feet wide and 18 feet long.
The proposed parking spaces are 10 feet wide and 18 feet long. This
configuration is acceptable.
A bicycle rack is proposed to be installed near the east property line.
The location of the bicycle rack should be modified or designed so that
bicycles will be protected from maneuvering vehicles. A preferred
location would be in the vicinity of the handicap parking space near
where the existing machine shop is now located.
Access, Egress, and Circulation
The proposal meets access standards of Code Section 18.108.080 (Minimum
Requirements: Commercial and Industrial Uses) . The applicant proposes
a 25 foot wide paved access where 24 feet of pavement is required. No
walkways are required because the site does not directly abut a street
with sidewalks.
Signs
Section 18.114.130.F of the Code describes the allowable signage for
industrial uses. The allowable signage for the proposal includes one
freestanding and wall signs. The freestanding sign may be no greater
than 20 feet in height with a maximum area of 70 square feet per sign
face up to a total of 140 square feet for all sign faces. Wall signs
may not exceed 15 percent of any building face on which the sign is
located.
NOTICE OF DECISION - SDR 90-0009 - BONADURER PAGE 4
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r1 +tGESICiv aprli�car,t �i=, rr� ,t ' �, y ,c3 12,000 :arEy f got.
foot waZF.hotic c a.a l.rrec,�-�ar'. S >ci t;uildlcx; t=on-
1 Th 2:.�t a:; i� exists is 12,000 square fet>t. T pL" '
,t
« t:)f uhf? rEK �fired setbacks eXCf'D :C}L !t,= s idcyyard atx;t t.I ng
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to a 1':<yw than s 1'�yar(: t.c,) measure 10-feet.
11Tt isti+T'i1f.4:.t.•J t31 2 1""
"'tit.! . Thf} ac)}l11cant. rec:eiv-d a variarr'e
f IRt•ivrerk:e V 10-821 .
The �Ipplicant has not subr.:it.t.ed a landscape or irrig:�ti- plan. 'rite park:.nq reyulre-
n1nt fz�[ this site is 6 s space for every 1,000 ire' feet of fl(jor area -
NNt Reference Code Section 18.60.120(6) (a) ) applicant is proposing 7 spaces.
A corr3ition of the variance approval was ;.hat no access to '.ht site be permitted
tx�
fLOVI !-3W 74th
from SW Bonita- in addition, no access will 25' aacccsfrom S; 74th wnich+!sy34'�
the building. 'Rte applicant has propos 74th. I'2,t� prosect access meets tl
back from the intersection of sW Bonita and SW
coTy-4 i t ions of the var i ance> approval.
�osirY.� to tie into an existing 6" sanitary sewer line in �
1t>ty ail t Ican. :s pro4 'qu, app icant pry to rur. the storm
74th. Water is also available in SW 74th•
drainage in 4 0" line down to Ball Creek•
Thc. property owner, as a condition tof V 74th1ancil.4 Bcxiit t Rooad ll have to sign a sof the date f {
i �rgrcrt���nt for street L-rFrovt'rT�et�ts will have
tttls report, the City has not receSv f�c3[thtse �t. nts. i1T`��n,cthe iaPPl applicant may .
to be rrut prior- to Building pe-Mit
totvE cie�dirat.e some right-of-4ray ort Sw 74th to cy-1- ate the street realig[rnent
t:'y',. sW ASH v'O BOX 2-1.39 TK:iARL
a..,
I
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F!INAL AC-11t I-
;1F F 1'(7 i(atet,
ft$)t t'rt 3« 1i I,�•!, iir: k ?:i r �t `.+; !:�' '''rl )W1nK; cone!t 1rxis
1 . Ilii' tulle riticl Ctlx?iS1; rid d� ��t «_,af'1,��J t. �` {, _:i at.,,li lie satisfied prior to
1:i::UsiroC�:' �.>t lei i 1.l i tX�J 1?«•r r' i t vi
NonrLv"Istl<),nce Tigre-ircnt :signekJ by 1kxI irvp(,n-+kjrU-Porn agreeing nut to
rermnstrant aclainst thf-• formar_iori of ii Icy•-il agreertient U' City
stanc:ards or, SW 7401 Aventx« .inn SM 1' )vita lir lei +r} 1s„*SLkIn "f' Of Building"
JX!r-Mlt.
L1t^diCatiG�3 s1t r1(_;W.- )t-°wriy oft {AN '4tr', ci,i not.:e.`.,s iry r'KXfi1tE' cirri ry'-
a
2. A laxisCape xxi 1rr-iydticxi plan 11 t*' Sutarit #,d asiLi Itx)roved l7y tyle Plasuiinq
Impartmentpr iot to issuari<-*a of (seri 1(iirY4 ilk-mits.
3. Thr' appllcdnt shall courdinate `_i it k' s714 74th. w.tl-h the
st.rc*t design t0l `M 1 th1. 11w. str#'vt pl aris are ^,r: +1111" with, the City's Engiryecerlf«g
Division.
4. Ttx applic<int sisal '. 1 .>ly t }f ,i tii(;;: ��. rrtit f:)r ,illy tU b«' erc+_tom on t.?i+
site.
_Y�l " _ P vi�xj by
Prepared by: '
A Y A. Newt r erny M.4Ccxirsol le
As -late Planner Associate Planner
NO'T'E: Sign bele+ to ackrKuledge conditions set forth for this project and return
to the City of Tigard Planning Department. Failure to acknowledge will re-
sult in r>o further action on this project with regards to issues -e of
Building Itemits or engineering approval.
f
Signature (Property Owner) Date
Signature (Applicant if different) ��� Date
t '
CITY OF TIGARD
NOTICE AMENDED OF DECISION
SITE DEVELOPMENT REVIEW SDR 88-09, VARIANCE V88-09
PACIFIC REALTY ASSOCIATES
APPLICATION: A request by Pacific Realty Associates for Site Development
Review approval to allow development of two industrial buildings in
conjunction with the existing Carman Center. Site developments would include
access and parking lot improvements that would unite the new site developments
with the existing development as one development complex. A variance is also
requested to allow 21.6 percent of the combined site area to be landscaped
when the Community Development Code requires developments in the I—P zone to
landscape 25 percent of their gross site area. Zoning: I—P (Industrial
Park) . Location: west side of 72nd Avenue at Upper Boones Ferry Road (WCTM
2S1 12DC, Tax Lots 201, 500, 600, 700, and 701) .
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has approved the above described Site Development Review application
subject to certain conditions. The Director has denied the requested
variance, but approved a variance that would allow less than 25 percent of the
actual site to be landscaped if additional adjacent land is landscaped so that
a total of 25 percent of the combined site and adjacent land are landscaped.
Should the the applicants fail to obtain permission to landscape the adjacent
property, the site plan must be revised to incorporate 25 percent landscaping
on the actual site. The findings and conclusions on which the Director based
his decision are noted below.
A. FINDING OF FACT
1. Background
After reviewing the conditions of approval of the original decision,
the applicant requested an amended decision to clarify two conditions
of approval. The amended conditions are included in this decision.
Tax lots 700 and 701 which include the Carman Center were formerly
occupied by a grocery store and were zoned C—N (Neighborhood
Commercial) prior to the final revisions to the City' s Comprehensive
Plan in 1983. During the hearings on the Plan revisions, the property
owner requested a C—P (Professional Commercial) zone designation, but
after discussion of the possible options available, the I—P
(Industrial Park) designation was agreed upon by all concerned. The
I—P zone permits a variety of industrial and commercial uses including
convenience sales and personal services, day care facilities, eating
and drinking establishments, personal service facilities, and general
retail sales, as long as those uses do not occupy more than 20 percent
of the gross floor area of the development.
In 1984, a 27,270 square foot building, 86 car parking lot, and other
site improvements were constructed on tax lots 700 and 701 . A
delicatessen/restaurant and a convenience store have been principal
NOTICE OF DECISION — SDR 88-09 — PACIFIC REALTY ASSOCIATES — PAGE 1
1
near building entrances. The site plan must be revised to provide for an
additional 3 handicapped parking spaces in appropriate locations.
Community Development Code Chapter 18. 106.020(p) requires that one secured
bicycle rack space be provided for each 15 parking spaces. The bicycle
rack at the southeast end of the existing building provides 10 bicycle
parking spaces. The site plan does not provide for any additional
spaces. The site plan will need to be revised to provide for at least an
additional 9 bicycle parking spaces in order to satisfy the Code
requirement.
Access and Circulation
The proposed development complex would be served by three access driveways
onto SW 72nd Avenue, including a primary entrance at the signalized
intersection with Upper Boones Ferry Road. The existing northernmost
driveway to the existing parking lot would be removed. In addition, the
development complex also can be accessed from SW Kable Lane through the .
driveways of the proposed distribution center on tax lot 200 located north
of the subject site (SDR 88-08) . All driveway entrances and internal
driveways meet or exceed the CDC standard width requirement of 24 feet for
two—way commercial service driveways. Additional requirements related to
signal modifications, lane configurations, and access locations shall be
reviewed by the Engineering Division upon submittal of a revised traffic
study.
Washington County Fire District #11s comment regarding the Fire Code
requirement that all points of a building must be within 150 feet of a
roadway affects the proposed placement" of building #2 along the site's
western edge. Portions of the western side of the proposed building #2
would be as much as 195 feet from the nearest roadway. The site plan must
be revised to provide additional roadway or otherwise assure that no
portion of this building be less than 150 feet from a roadway.
Vision Clearance
The Community Development Code requires that a triangular vision clearance
area be maintained 35 feet either direction from the intersection of a
24 foot accessway and an arterial street (CDC 18. 102.050) and 30 feet
either direction from an intersection with a non—arterial street (CDC
18. 102.030) . Trees may be located within this area provided that branches
below 8 feet are removed. The site plan proposes that Red Sunset Maple
trees be planted within the vision clearance area at the main entrance to
the site (where the street is classified as an arterial), and also in the
vision clearance area to the south of the northern access drive (at which
point 72nd Avenue is classified as a non—arterial street) . No other
plantings or signs are proposed. The planting of these trees within the
vision clearance area is acceptable provided that branches below 8 feet
are removed prior to planting and this condition is maintained.
Signs
The site plan does not propose any additional signs for the development
complex . Additional signage will be allowed in accordance with the
NOTICE OF DECISION — SDR 88-09 — PACIFIC REALTY ASSOCIATES — PAGE 7
the site could be even more attractive if increased to meet the 25 percent
of site area requirement. The applicants have not provided reasons why
the paved area and/or building footprints could not be reduced so as to
allow the landscaped area requirement to be met. Additionally, the
Planning Division does not find that special circumstances peculiar to
this site exist which make the requested variance necessary. The Division
finds that granting the. requested variance would not affect uses permitted
to be located on the site, nor would the variance adversely affect
physical or natural systems. The Planning Division finds that the fifth
criterion for a variance also is not satisfied because the situation
requiring the variance is self-imposed since it results from a conscious
decision by the applicants to propose a site plan that does not comply
with a requirement that they were aware of in advance of the rezoning of
tax lots 500, 600 and 201 to I-P in January 1988. Therefore, the Planning
Division does not feel that the criteria for granting a variance to the
25 percent landscaped area requirement are fully satisfied and a variance
is therefore not warranted. A revised site plan which includes at least
25 percent of the site and the area subject to the license agreement as
landscaped area must, therefore, be submitted for Director approval prior
to the issuance of building permits. This would technically constitute a
variance since less than 25 percent of the actual site would be
landscaped. This would, however, guarantee that the intent of the
landscaping requirement would be upheld since 25 percent .of the apparent
site would be landscaped. Should the applicants fail in their efforts to
secure the licensing arrangement for the right-of-way, the site plan will
need to be revised to assure that 25 percent of the actual site is
landscaped.
C. DECISION
The Planning Director approves Site Development Review SDR 88-09 subject
to certain conditions which follow. The Director denies the requested
Variance V 88-09 to allow less than 25 percent of the total site to be
landscaped. Instead, the Director approves a variance to the landscaping
requirement that will allow less than 25 percent of the actual site (tax
lots 201, 700, and 701) to be landscaped if an arrangement can be made to
landscape adjacent property such that at least 25 percent of the total
area (actual site and adjacent property) is landscaped. Conditions
attached to the above described approvals follow.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL
BE SATISFIED OR DETAILED PLANS FOR SITE IMPROVEMENTS APPROVED BY CITY
STAFF. (Staff contact for conditions 1 and 2: Jerry Offer, Planning
Division. Staff contact for condition 3 - 13: Gary Alfson, Engineering
Division. )
1. A licensing agreement for use of the vacant right-of-way to the west
of the site shall be submitted to the City of Tigard for approval. A
revised site landscaping plan incorporating the area subject to the
licensing agreement shall be submitted and approved by the Planning
Division. The total area to be landscaped must be at least 25 percent
F
of the area of tax lots 201, 500, 600, 700, and 701 and the area
NOTICE OF DECISION- SDR 88-09 - PACIFIC REALTY ASSOCIATES - PAGE 9
D. PROCEDURE
1 . Notice: Notice was published in the newspaper, posted at City Hall
and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
2. Final Decision: THE DECISION SHALL BE FINAL ON r
UNLESS AN APPEAL IS FILED.
3. Appeal: Any party to the decision may appeal this decision in
accordance with Section 18.32.290(A) and Section 18.32.370 of the
Community Development Code which provides that a written appeal must
be filed with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 3:30 P.M. 5
4. Questions: If you have any questions, please call the City of Tigard
Planning Department, Tigard City Hall, 13125 SW Hall Blvd. , PO Box
23397, Tigard, Oregon 97223, 639-4171.
PREP BY: J,e y Qj7fdr, Assistant Planner DATE
Randall R. Wooley, Acting Director ofJCommunity Development DATE APPROVED
(ht/4244D)
1
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1
Li
DJND aL F
7
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F
NOTICE OF DECISION — SDR 88-09 — PACIFIC REALTY ASSOCIATES —PAGE 12
MACKENZIE/Sf J & ASSOCIATES, P.C., OREGON
MAC KENZIE/SAITO &ASSOCIATES, P.S., WASHINGTON
ARCHITECTS-PLANNERS
0690 S.W BANCROFT STREET PORTLAND, OREGON 97201 (503) 224-9570
May 10, 1988
City of Tigard MAY 131988
Attention: Keith Liden CITY OF TIGARD
13125 S.W. Hall Blvd. PLANNING DEPT
P. 0. Box 23397
Tigard, Oregon 97223
Re: ZC 88-09 (Carman Center)
Project Number 287734
Dear Keith:
This will confirm our understanding with respect to conditions #1 and 16 of SDR 88-09.
Condition #1 indicates that the site must be landscaped in conformance with the IP
zone, if the licensing agreement is not arranged to provide additional area. It is
our understanding that the reference to 25% is to indicate the current standard, and
if this changes in the future, the revised standard will apply.
Condition #16 identifies the floor area allocation available for retail areas. It
is our understanding that permits will be issued for commercial tenants (existing and
future) in the existing Carman Center building for up to 17,004 sq. ft. of floor
area (20% of 27,270, plus 57 ,750) . If for any reason the approved proposed buildings
are not built with a floor area of at least 57,750 sq. ft. , the commercial tenant*
space in Carman Center would have to be reduced.
Please indicate your agreement with the above by providing comments below and returning
copies of this letter to Dick Buono and me.
Thank you for your assistance.
Sincerely,
(W�
Lans Stout
LS/jct
cc: Dick Buono
Comment: 'V%o00 12.6!�,fl3o (206D)
By:
Date: S/��Ar
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I
RECEIVED /Q SG
JAN -8 491 - r`
CD
LICENSE LICENSE CITY OF TIGARU ti
O
t O
This license, given by the City of Tigard, entitles O
� - COHarvey King (hereafter 'grantee'), his successors and assigns,
to the certain limited, described uses of the real property
t
` described in Exhibit 'A,' which will hereafter be referred to
5 as 'the subject property.'
The subject property is a portion of a dedicated but
S z undeveloped and unaccepted public street right-of-way. By this
�. license the City of Tigard grants to grantee the rights to make
C—A Ili
0 the following uses of the subject property:
1. To park cars, trucks, and other machinery.
(This right includes the right to pave, to
mark the pavement, to construct curbs, and
r - make such other improvements and alterations
- to the land as may be reasonably necessary to
6 facilitate the described use and to meet rel-
0 _a ` evant requirements of the Tigard Muncipal
Code and such land-use requirements and limi-
tations as the City may impose from time to
r V
2. To landscape.
f 3. To place upon the subject property piping,
r ~yy wiring, meter boxes, and such other similar
l v S ancillary equipment, machinery, and supplies
as may be useful to any legal business or
S ` residential use of the adjacent parcel
t f described in Exhibit 'H,' which is hereby
g / incorporated.
v ` The limitations on this license include the following:
S A. If at any time the City or any other government
t e 1 orany person, partnership, or corporation pro-
poses the opening, improvement, or governmental
acceptance of the subject property as an improved
public street or road, grantee shall remove at
his expense and within 90 days of receipt of
written notice to do so from the City any curbs,x
kPJ �-
fences, walls, berms, trees, or other impedi-
ments to the opening of the subject property
for public travel. (The City shall not give
the described notice until it has authorized
the improvement of the subject property as a
public street or road and satisfied itself as
to the proposed developer's good faith intent
to mace the improvement and his or its
capacity to accomplish the project.)
The opening, improvement, or governmental
acceptance of the subject property as an
improved public street or road shall not
give rise to an action or suit for damages to
grantee, his successors and assigns. It is
specifically agreed by grantee that if the
opening, improvement, or governmental accept-
ance of the subject property occurs any
violations of the land-use regulations of any
goverment caused by the loss of use of the
subject property shall be the responsibility
of grantee, his successors and assigns, and
he or they shall take such action as may then
be required by relevant laws and land-use
regulations, without cost to the City or any
other government.
B. Grantee accepts responsibility for the care
and maintenance of the subject property, and
agrees to hold the City and any other govern-
ment harmless from any claim arising out of
the maintenance of the subject property, its
COn iii^!f,
'rd the cpe-ation, condition
Ln�
maint-nanceof all equipment, supplies,
structures, and artificial conditions placed
upon or created upon the subject property.
C. This license shall not entitle grantee to use
of the subject property for the purpose of
providing access to any tract of land other
than that described in Exhibit 'B.'
D. This license shall expire 99 years from the
latest date written beside the signatures at
the end of this document, unless sooner ter-
minated by other conditions recited in this
document or by the consent of all parties.
Executed this day of 19 7'1 on
2 - LICENSE
l
behalf of the City of Tigard:
i Subscribed and sworn to before me thi�'�_r� day of
. 1 19 "19. X0
Notary Pub is or Oregon
Hy commission expires:
" T
Executed by Harvey Ring this fIL day of P21
k
-Subscribed and sworn to before a this << day of
19 aL
Notary Public for Oregon
My commission expires:
J
3 — LICENSE
EXHIBIT 'A'
That portion of that 30-foot-vide road, easterly
of, and adjacent to the vest boundary of Lots 21, 22 and
23, Fanno Creek Acre Tracts, a duly recorded subdivision
in Section 12, To-w-n-s—n-i-p-7-73-uth, Range 1 West, Willamette '
Meridian, Washington County, Oregon_
ir.
k-
7
' t
EXHIBIT '8'
Lots 21, 22, and 23, Fanno Creek Acre Tracts, a
duly recorded subdivision in Section 12, Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon.
srara Of OeaGOM dp�
Cr d Y
l �a�w tlwr�w\ O+.cw M coca
w Ewn.o..w Ea-Omar w.e.....,Cw
wv�KN 4,w CN1F.Y NwM v.M�'I w��1
Ar q.,1H wwrw.�
.4-4-
ROGER
-4..w,ROGER THONSSEM,O+ d
Return to: wa,r•Eha—
C1ty Of Tigard [�
FO So-
Tigard.297
OR97223
CITY OF TIGARD
NOTICE OF DECISION
Site Review SDR 88-08, Variance V 88-08, Lot Line Adjustment M 88-06
Pacific Realty Associates
e�
APPLICATION: Request by Pacific Realty Associates for: 1) Site Development
Review approval to construct a 96,000 square foot distribution center on a
5. 19 acre parcel zoned I-L (Light Industrial), 2) a Variance to the I-L zone' s
15 percent landscaping requirement to allow 13 .8 percent to suffice, and 3) a
Loi: Line Adjustment to transfer 0.52 acre from an adjacent parcel to the
subject property. This adjacent parcel involved in the adjustment is zoned
I-P (Industrial Park) . Location: 7342 SW Kable Lane (WCTM 2S1 12DC, tax lot
200. Tax lot 201 is the parent parcel of the area involved in the proposed
lot line adjustment) .
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has APPROVED the above described applications subject to certain
conditions . The findings and conclusions on which the Director based his
decision are as noted below.
A. FINDING OF FACT
1 . Background
Tax lots 200 and 201 were created from the same parcel through a Minor
Land Partition (MLP 87-08) reviewed by the Planning Division in
September, 1987. The zoning for tax lot 201 along with adjacent tax
lots 500 and 600 was changed from I-L (Light Industrial) to I-P
(Industrial Park) by Planning Commission action in February, 1988 (ZC
87-23) . The zoning For tax lot 200 was not affected by this action.
2. Vicinity Information
Properties to the north and east of the subject property are zoned I-L
and are developed with various light manufacturing and distribution
uses . A railroad spur is located immediately east of tax lot 200.
The remainder of tax lot 201 and tax lots 500 and 600 are located
south and east of the subject property, are zoned I-P, are vacant, and
are currently under consideration through a separate Site Development
Review application for incorporation with the adjacent Carman Center
office/commercial center and for development of two additional
buildings (SDR 88-09, V 88-09) . West of the subject property is a
30 foot wide vacant street right-of-way, the 50 foot wide Southern
Pacific Railroad right-of-way, railroad tracks, and vacant parcels
located along SW 74th Avenue. This area is zoned I-P.
3 . Site Information and Proposal Description
The parcels are vacant, level, and cleared. Access to tax lot 200 is
provided by Kable Lane, a 40 foot wide, fully improved 300 foot long
local street terminating in a cul-de-sac. The southern half of the
cul-de-sac fronts tax lot 200,
NOTICE OF DECISION - Pacific Realty Associates - SDR 88-08, V 88-08, M 88-06
PAGE 1
IMF-
1 . The proposed variance will not be materially detrimental to the
purposes of this Code, be in conflict with the policies of the
Comprehensive Plan, to any other applicable policies and standards;
and to other properties in the same zoning district or vicinity;
2. There are special circumstances that exist which are peculiar to the
lot size or shape, topography or other circumstances over which the
applicant has no control, and which are not applicable to other
properties in the same zoning district;
3 . The use proposed will be the same as permitted under this Code and
City standards will be maintained to the greatest extent that is
reasonably possible, while permitting some economic use of the land;
4. Existing physical and natural systems, such as, but not limited to
traffic, drainage, dramatic land forms or parks will not be adversely
affected any more than would occur if the development were located as
specified in the Code; and
5. The hardship is not self—imposed and the variance requested is the
minimum variance which would alleviate the hardship.
The primary purpose of the landscaping requirement is to present an
attractive site development to surrounding properties and adjacent
roadways . This purpose would not be detrimentally affected if the
requested variance is granted because the landscaping plan calls for ample
landscaping along the site' s frontage along Kable Lane, the most visible
portion of the site. In addition, the plan as presently proposed,
provides for a row of trees along the western edge of the site along the
unused street right—of—way and the railroad tracks. Other areas of the
site are not readily visible, except to adjacent similar uses. The site' s
limited visibility, because of its orientation, is a special circumstance
applicable to the site which helps justify the variance but which does not
generally apply to other properties within the I—L zone. The use
proposed, distribution and storage, is a permitted use in the zone and is
not at all affected by the variance requested. Physical and natural
systems which will support the development of the site will not be
impacted by the variance since land usage and development intensity will
not be altered . Although some degree of economic hardship could result by
requiring a minimum landscaped area of 15 percent, the Code is not
intended to address economic issues. The landscaping standard of 15
percent has applied to this property for many years and the applicant was
or should have been aware of this standard when the property was
purchased. The staff finds that the hardship criteria has not been
satisfied.
In addition, the applicant has held preliminary discussions with the City
of Tigard regarding a licensing agreement for use of the vacant
right—of—way west of the site for expansion of the truck maneuvering area
and increased landscaping. The licensing agreement would allow for
Pacific Realty' s use of the area for a specified period of time or until
the City determines that the right—of--way is needed for transportation
uses.
NOTICE OF DECISION — Pacific Realty Associates — SDR 88-08, V 88-08, M 88-06
PAGE 4
Aw low
The area that would be subject to the licensing agreement would consist of
-
approximately 23,010 square feet. Presently, the need for this
right-of-way to be used for access appears to be highly unlikely. The
right-of--way is riot maintained and is a potential eyesore. It would be in
the City ' s interest to have this area maintained in conjunction with the
proposed use.
The Planning Division finds that increasing the site' s landscaping using a
portion of the area proposed for the license agreement, would be
supportive of Plan policies and Code provisions related to landscaping in
the I-L zone, and could satisfy the 15 percent area landscaping
requirement for the proposed distribution center if the area as a whole is
considered, rather than solely the tax lot on which the building will be
located.
Lot Line Adjustment
The proposed lot line adjustment to include an additional 22,800 square
feet within tax lot 200 meets the approval standards for lot line
adjustments set forth in Section 18. 162.060 of the Community Development
Code. Both parcels would remain larger than the minimum lot size for
their respective zones and all other dimensional and setback requirements
will be satisfied .
C. DECISION
The Planning Director approves Site Development Review SDR 88-08, Variance
V 88-08, and Lot Line Adjustment M 88-06 subject to the following
conditions :
PRIOR TO RECORDING THE LOT LINE ADJUSTMENT WITH WASHINGTON COUNTY, THE
FOLLOWING CONDITIONS SHALL BE MET:
1 . A final lot line adjustment survey map and legal descriptions for both
parcels involved in the lot line adjustment shall be reviewed and
approved by the Planning Director. Staff contact: John Feigion,
Engineering Division.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL
BE SATISFIED. Staff contact: Gary Alfson, Engineering Division.
2. The primary access shall be via Kable Lane as shown on the submitted
site plan. Joint access for truck and trailer traffic access through
the Carmen Center site to 72nd Avenue shall be reviewed in conjunction
with SDR 88-04.
3 . The applicant shall provide for roof and parking lot rain drainage to
the public storm water drainage system. Storm drainage run-off shall
be discharged into the existing drainage ways without significantly
impacting the properties downstream.
4. The applicant shall provide connection of proposed buildings to the
public sanitary sewerage system. A connection permit is required to
connect to the existing public sanitary sewer system.
NOTICE OF DECISION - Pacific Realty Associates - SDR 88-08, V 88-08, M 88-06
PAGE 5
5. Storm and sewer details shall be provided as part of the building
permit plan. Calculations and a topographic map of the storm drainage
basin shall be provided as a supplement to the plans . Calculations
shall be based on full development serviceability . The location and
capacity of the existing and proposed line shall be addressed.
6. Joint use and maintenance agreements shall be executed and recorded on
City standard forms for all common driveways . Agreements shall be
referenced on and become part of all applicable parcel Deeds . The
agreement shall be approved by the Engineering Section prior to
recording.
PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED. STAFF CONTACT: JERRY OFFER, PLANNING DIVISION.
7. A licensing agreement for use of the right—of—way to the west of the
site shall be submitted to the City of Tigard for approval. A revised
landscaping plan incorporating the area subject to the licensing
agreement shall be submitted and approved by the Planning Division.
The total area to be landscaped must be at least 15 percent of the
area of tax lot 200 and the area subject to the licensing agreement.
If this agreement is not approved, the applicant shall provide a
minimum landscaped area on the property of 13 . 8 percent.
8. All landscaping material shall be installed as per the approved
landscaping plan.
9. A sign permit shall be obtained prior to the erection of any sign.
THIS APPROVAL IS VALID IF EXERCISED WITHIN ONE YEAR OF THE FINAL DECISION
DATE NOTED BELOW.
D. PROCEDURE
1 . Notice: Notice was published in the newspaper, posted at City Hall
and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies �)
2. Final Decision: THE DECISION SHALL BE FINAL ON
UNLESS AN APPEAL IS FILED.
NOTICE OF DECISION — Pacific Realty Associates — SDR 88-08, V 88-08, M 88-06
PAGE 6
100'
i
S.W. KABLE LANE
200 'y ,, \ C"C[1,L.[0 m LOT/
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FOR ASSESSMENT PURPOSES ONLY
00 NOT RELY ON FOR ANY OTHER USE
TIGARD
�c !
12 DC
LICENSE
THIS LICENSE, given by the City of Tigard, entitles Pacific Realty
Associates, L.P. ("Grantee") , its successors and assigns, to the certain
limited, described uses of the real property described in Exhibit A ("the
Subject Property").
1. The Subject Property is a portion of a dedicated, but undeveloped and
unaccepted, public street right-of-way. By this License, the City of Tigard
grants to Grantee the rights to make the following uses of the Subject
Property:
A. To park cars, trucks, and other machinery. (This right includes
the right to pave, to mark the pavement, to construct curbs, and make such
other improvements and alterations to the Subject Property as may be
reasonably necessary to facilitate the described use and to meet relevant
requirements of the Tigard Municipal Code and such land-use requirements
and limitations as the City may impose from time to time.)
B. To landscape areas of the Subject Property.
C. To place upon the Subject Property piping, wiring, meter boxes
and such other similar ancillary equipment, machinery, and supplies as may
be useful to any legal business use of the adjacent parcels described in
Exhibit B.
2. The limitations on this License include the following:
A. If, at any time, the City or other government or any person,
partnership, or corporation proposes the opening, improvement, or
governmental acceptance of the Subject Property as an improved public
street or road, Grantee shall remove, at its expense and within 90 days of
receipt of written notice to do so from the City, any curbs, fences,
walls, berms, trees or other impediments to the opening of the Subject
Property for public travel. (The City shall not give the described notice
until it has authorized the improvement of the subject property as an
improved public street or road and satisfied itself as to the proposed
developer's good faith intent to make the improvement and his or its
capacity to accomplish the project.
The opening, improvement or governmental acceptance of the
Subject Property as an improved public street or road shall not give rise
to an action or suit for damages by Grantee, its successors and assigns.
It is specifically agreed by Grantee that if the opening, improvement or
governmental acceptance of the Subject Property occurs , any violations by
1 - LICENSE
. rf
jv
it
' Grantee of the land-use regulations of any government caused by the loss
of use of the Subject Property shall be the responsibility of Grantee, its
successors and assigns, and Grantee, its successors and assigns, shall
take such action as may then be required by relevant laws and land-use
regulations, without cost to the City of Tigard.
B. Grantee accepts responsibility for the care and maintenance of
the Subject Property, and agrees to hold the City of Tigard harmless from
any claim arising out of the use and maintenance of the Subject Property
by Grantee.
C. This license shall not entitle Grantee to use of the Subject
Property for the purpose of providing access to any tract of land other
than that described in Exhibit B.
D. This license shall expire 36 months from the latest date written
beside the signature at the end of this document, unless sooner terminated
by other conditions recited in this document or by the consent of all
parties.
EXECUTED THIS 7 day of `, �(,'Z�E'►'��-��'�' 1988 on behalf of the
City of Tigard.
STATE OF OREGON )
)ss.
County of.,It'll-5 6u'z1f�`
THIS INSTRUMENT was acknowledged before me on �Q-
1988 b as a -, _Y_ and
' y 1 4
as o the City of Tigard.
Notary Public for Oregon
(NOTARIAL SEAL) My Commission expires:
2 - LICENSE
EXECUTED this day of 1988, on behalf of
Pacific Realty Associates, L.P. by PacTrust Realty, Inc. , general partner of
Pacific Realty Associates, L.P." --�
By, Pac rust R3a t} I
By:
P. Buono
Vice President
STATE OF OREGON )
( )ss.
County of MA' ,-01'1 ..1-�
THISST UMENTwledged before me on 2C2w�1�-w ,
1988, by aLv •�oNb as •cc .ecJ o
tc y efT49;4 -d L .
Notary Public for Oregon
(NOTARIAL SEAL) My Commission expires:
NSI :.,. . (: ,._ ✓�':
cn/7842D
3 — LICENSE
Exhibit "A"
That portion of that 30-foot-vide road, easterly of, and adjacent to the
following described tracts.
A portion of lot 3 SOUTHERN PAC11FIC TIGARD INDUSTRIAL PARK in the S.S. Ix of
Section 12 T. 2 S., R. 1 W., Washington County, Oregon described as follows:
Beginning at the southeast corner oftl.ot 3 Southern Pacific Tigard Industrial
Park; thence North l0 201 16" West along the East line of said lot 3 a distance
of 282.52 feet; thence South 880 291 35" West 297.80 feet to a point in the West
line of lot 3; thence Southwesterlr along said west line on the arc of a Searles
Transition curve to the right ( the chord of which bears South 00 231 50" East
115.113 feet ) a distmce of 115.1+3 feet to a point of cur-re; thence SoutheasterlJ
on the are of a 11187.69 foot radius curve to the right ( the chord of which bears
South 110 261 16" West 168.01 feet) a distance of 168.10 feet to the Southwest
corner of lot 3; thence North 880 291 35" East along the South line of said lot
3 a distance of 316.61 feet to the point of beginning.
Together with:
A portion of lot 3 SOVraVM PACIFIC TICARD IMMSTRM P.SHS in the S.Z. 3z of
Section 12 T. 2 S., R. 1 W., 7.M. Washington County, Oregon described as follows:
Beginning.at a point on the East line of lot 3 Southern Pacific Tigard
Industrial Park that is North l0 201 16" West 282.52 feet from the .Southeast corner
of said lot; thence cont *inc along said East line North l0 20, 16" West 782.57
feet to a point in the South line of Kahle Lane; thence along said South line
South 880 291 35x West 5.00 feet to a point of curve; thence on the are of a 20.0
foot radius curve to the left (the chord of which bears South 63e 251 113" West
16.95 feet) a distance of 17.50 feet to a point of reverse curve; thence on the
arc of a 58.00 foot radius curve to the right (the chord of which bears North
710 3111 220 West 109.0$ feet) a distance of 141.85 feet; thence South 880 291 35"
West 204.39 feet to a point in the East line of a 30.00 foot roadeajr and the West
line of said lot 3; thence South 30 281 12" Bast along said West line a distance of
692.96 feet to a point of curve; thence on the arc of a Searles Transition mu-ve
to the right (the chord of which bears South 30 081 18" East 120.06 feet) a distance
of 120.06 feet; thence North 880 291 35" East parallel with the South line of lot
3 a distance of 297.80 feet to the point of beginning.
A portion of lot j SOUTHERN PACIFIC TIGARD INDUSTRIAL PARR in the S.E. � of
Section 12 T. 2 S., R. 1 W., Washington Courrty, Oregon described as follows:
Beginning at the southeast corner of,lot 3 Southern Pacific Tigard Indu3tri2l
Park; thence North 10 201 16" West along the East line of said lot 3 a distance
of 282.52 feet; thence South 880 291 35" West 297.80 feet to a point in the West
line of lot 3; thence Southwesterly along said west line on the arc of a Searles
Transition curve to the right ( the chord of which bears South 00 231 50" east
115.113 feet ) a distance of 115.43 feet to a point of curve; thence Southeasterly-
on the arc of a 11187.69 foot radius curve to the right ( the chord of whichrbears
South Ito 261 16" West 168.01 feet) a distance of 168.10 feet to the Southwest
corner of lot 3; thence North 880 291 35" East along the South line of said lot
3 a distance of 316.61 feet to the point of beginning.
Together with:
I iorticn of lot 3 SOMMM PACIFIC TIGARD MDUS=kL 1.4 in the S.?. of
Section. 12 T. 2 S., EL 1 W., '�.'�. Washington County, Oregon described as fallow*:
Beginning.at a point on the East line of lot 3 Southern Pacific Tigard
Indnatrial Parte that is North 10 201 16" west 262.52 feet from the Southeast car-mar
of said lot; thence contirming along said East line North l0 201 16" Best 782.57 '
feet to a point in. the South line of Kahle Lane; thence along said South line
South 880 29* 35" West 5.00 feet to a point of curve; thence on the arc of a 2C.0
foot radius curve to the left (the chord of which bears South 630 251 43" West
16.95 feet) a distance of 17.50 feet to a point of reverse curve; thence on the
arc of a 58.00 foot radius curve to the right (the chord of which bears Horth
710 341 22" tiTest 109.05 feet) a distance of 1U.85 feet; thence South 880 291 35"
viest 2011.39 feat to a point is the East line of a 30.00 foot roadway- and the West
line of said lot 3; thence South 30 281 12" East along said West line a distance of
692.96 feet to a point of curve; thence on the arc of a Searle* Transition curve
to the right (the chord of which bears South 30 081 18" East 120.06 feet) a distance
of 120.06 feet; thence North 880 291 35" east parallel with the South line of lot
3 a distance of 297.80 feet to the point of beginning.
Map to Accompany Descriptions
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Exhibit "A" Area �ti I
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��I 0 -� DI ICI AICCC
STAFF REP to r'I' <
'I' [Gr\RD Dc.uIGN
)ctGhe:r lt}, 1978 - 5 : 3o £>
Tirnard City H:,11
2 ;;
1- tY � F� . blain Strtc�t
Tigard , Oregon
Docket . 19-78
i
Request: For site design and architectural review of a proposed
9 , 3410 square foot warehouse .
Location : 7388 S .tl. Bonita Road (Wash. Co. Tax Map 2Sl i2A, "?ax
Lot 10c0) .
Applicant: National Safety Company
I . Basic Facts :
I. The site is zone M-3 "Light Industrial" zone.
2. The site is a wedged shaped parcel ( . 85 acres) which is
bordered by Bonita Road to the north, South Pacific
Highway Railroad tracks to the east , Chicago Burlington
Railroad track to the west and Ball Creek to the south.
3. The site has a drainage flow to the south (approximately
2111- overall grade) into Ball Creek .
4 . The vegetation. of concern is located on the banks of Ball
Creek and is comprised mainly or moderately sized deciduous
trees .
5. The southern portion of the lot is located within the L00
year flood plain.
If . City Council Action :
1 . Minor Land Partition MLP 5-78 - On September 13, 1978 the
Tigard City Council upheld the appeal of the Lonita Road
warehouse project with the f'ollo' ing conditions :
1 . That the approach or access to Bonita be filled to an
adequate height.
2. That Bonita be widened and improved at applicant's
expense to provide adequate width and an appropriate
access apron.
'.
That an access permit be obtained from Washington County
and the Public Utility Commissioner for an adequate method
Of access and r_gress.
4 . That P. U.C. permission be obtained for any adjustment to
the crossing-guardrails to provide appropriate access .
5 . That the Marcel t-,e submitted to the Site Design Review
Board for approval of the sit(! layout before any building
permits giro: issue(! .
s
I
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STAFF REPORT
TIGARD DE LGN RE IEW BOARD
October 1.0 , 1978 - 5 : 30 P.M.
SDR 49-78
Page 2
6. That prevision be made that additional right-of-way be
dedicated for the necessary footage along the -width of the
property to bring Bonita Road to collector street standards
for future widening.
III . Staff Findings:
The required parking is as follows :
1 parking space per 1000 sq. ft. (gross floor area)
9, 840 sq. ft . (gross floor area of proposed warehouse)
9 , 840 sq. ft./(1000 sq. ft./1 parking space) - 9 . 84 (10 required
parking spaces)
The applicant is proposing to build a 9, 840 square foot prefabricared
metal warehouse on a wedge shaped ( . 85 acre) site. The site l;as an
a%kward access/egress drive centrally located between the Southern
Pacifie tracks to the cast and Lhe Chicago-Burlington "northern tracks
to the wast. The rAilroad tracks are approximately 90 feet :.:art
at the proposed site ' s entrance.
The plans indicate a narrow access drive (12 ' -13 ' ) to the proposed
warehouse. 'The 'Tigard Municipal. Code (18. 64 .030) establishes the
mini„ium- requirements for access/ec;ress for a commercial site at
30 feet with a hard surface pavement: over 80�, of the required
access width. This equates to a paved 24 foot access drive with 3
foot shoulders. Approximately 65 feet from the site ent .-ince the
lot is 27 feet wide and cannot physically accor,imodate the reUui:-ed
3 foot shoulders. This deficiency should not create a pronle'm
as long as the remaining access drive meets the specified code
requirements.
when the required access width is incorporated into the plans,
parking spaces 7 & 8 will be directly affected and need to be
repositioned. By placing parking spaces 7 ,8 ,9 & 10 perpendicular
to the western property line additional maneuvering areas for the
trucks utilizing the down ramp can be gained . This new parking
Placement also creates a triangular landscape area directly tc
the north of the new location which will reduce the blanket effect
of the asphalt on the site.
The plans indicate a second loading docket in the southeast portion
of the Proposed warehouse. The feasibility of trucks backing tip
(approximately 100 feet) into this docket by maneuvering around a
parked car (space 3) is highly questionably.
Therefore, to lessen the congestion parking space 3 is to be
i.
eliminated.
The applicant is proposing a linited landscape plan which rust be
modified to incorporate the required access drive. Due t7 thQ nature
f of the site, the placement. of the proposed warehouse and the i .nuired
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STAFF REPORT
=IGARD DESIGN REVIEW BOARD
October 10, 1978 - 5: 30 P.M.
r SDR 49-78
Page 3
widening of the access drive the remaining landscape areas are
small. Therefore, unless the remaining landscape areas utilize
brighter planting materials the site will basically become an
asphalt strip with a metal building on one end . The use of
rhododendrons, azaleas and pieris would add color, create a
pleasant work site and reduce the impact of the asphalt strip.
IV. Staff Actions:
Staff recommends approval subject to Tigard City Council conditions
and the following Design Review conditions :
1 . The access/egress drive shall be a minimum of 24 feet (20 foot
paved surface with three foot gravel shoulders) .
2 . Parking spaces 7, 8 ,9 & 10 shall be relocated perpendicular
to the western property line as indicated on the plans.
3. Parking space three (3) shall be eliminated to reduce traffic
congestion near the rear loading docket.
4 . The remaining landscape area shall incorporate brighter
plantings to reduce the impact of the asphalt drive
{ (rhododendrons, azaleas
pieris) ,
5. A revised site plan, landscape and irrigation plan shall be
submitted to the Planning Department for verification and
approval of the incorporated changes ,
6• Applicant shall agree to sign a non-remonstrance agreement for
future LID (Local Improvement DiFtrict) on S.W. Bonita Road.
�E h��DQ;�Nr �' aC Fi�� `HYJ,!'ANT
,,
:° .. 1111111 MENJIMufffir&.
TIGARD DESIGN REVIEW
August 6, 1979
Tigard City Hall
12420 S.W. blain Street - Tigard, Oregon
Docket: SDR 43-79 - Consolidated Supply Co. - Southern Pacific
Subdivision on S.W. 72nd Avenue
Applicant: Consolidated Supply Co.
Request: For site design and architectural review of 8.85 acres including
one (1) 61,650 square foot building
Site Description: The site is a flat field (approximately l's qrade) with a
natural drainage flow to the southwest corner of the site.
The only vegetation is some small perimter trees.
Site Location: Southern Pacific Subdivision on S.W. 72nd Avenue off Kahle
Lane. Washington County Tax flap 2sl 12.D, Tax Lots 24-30.
Site Designation: M-3 "Light Industrial" zone.
Proposed Use: Headquarters, showroom and service/wholesale center for
Consolidated Supply Co. (Plumbing Company)
Previous Action: ZC 16-75 - On November 10, 1975, the Tigard Planning Commission
approved a zone map amendment for annexed parcels.
S 5-78 - On August 9, 1978, the Tigard Planning Department
approved a six lot subdivision subject to the following
conditions:
1. That the Southern Pacific Subdivision street be dedicated
to the public (Kable Lane) . ,
2. That adequate fire protection be installed in accordance
with the rvcomar_ndations of the Tualatin Rural fire
Protection District.
3. That a variance for increased cul-de-sac length be approved
prior to Planning Commission approval of the final plat.
4. That a drainage plan be approved by Tigard Engineering v
Departm- nt prior to installation.
V 9-78 - On September 26, 1978, the Tigard Planning Commission
approved a variance: request to extend the length of a cul-de-sac
65 feet beyond the 400 foot limitation.
V 13-78 - On November 11, 1978, the Tigard Planning ODnmission
approved a variance request to site obscuring fence that is
required for outsida storage building3.
TIGARD DESIGN REVIEW
. August 6, 1979
SDR 43-79
Page 2
Site Plan and Architectural Review:
Staff recommends approval of this application pending resolve. of
the matter listed below. No further action will take place until
we have received a signed acknowledgement letter stating that
the applicant agrees to the conditions as stated, and that the
applicant will satisfy these conditions as appropriate in
conjunction with development.
1. Public right of way along western boundary to be deeded back
to property owner only if street is vacated. This matter is
before the City Council at this time for a determination.
If the right of way is not vacated, the property will remain
as it presently is. If it is vacated, it may mean that
changes in fence, landscaping, etc. may need to be made. Area
is to be cleared of underbrush. Existing trees are to be
retained as much as possible. Area25 feet north and south of
emergency fire lane to be cleared completely along both sides
of the tracks. Low shrubbery to be planted and maintained
by property owner in these specific areas. Clear signing of
emergency fire lane to be installed. Grade crossing to be
improved and permanently maintained by owner.
2. Fuel tank installation shall be approved by the Tualatin Rural
Fire Protection. District Fire Marshall and a letter of approval
f shall be filed with the Planning Department prior to installation.
At the present time this installation is a conditional use in
a M-4 zone and will require application for approval by the
Planning Commission. Staff is preparing an ordinance for the
September 5, 1979 Planning Commission meeting making this
installation a permitted use in all zones with Site Design
approval and Fire Marshall approval. We hope this effort is
successful before you make this installation. Should our
effort fail we will request that you apply for a conditional
use permit.
3. When the "future spur" railroad line is installed the final
grading will allow easy access for emergency vehicles. No
obstr6ctions in this area will be permitted.
4. The 2.5 un:)aved area to the north will be graded and planted
with ground cover and permanently maintained.
5. The septic tank, which served the house which has been removed,
must be pumped-out and filled and inspected by the Building
Official. We have no record of this being done.
6. Applicant to sign a non-remonstrance agreement for the
improvement of S.W. 72nd Avenue prior to issuance of
Building Permit.
S 7. No changes will be made to approved plans or specifications
unless formal application is made to the appropriate department
and changes are approved by that department. Application for
0
changes will be made in writing and shall include applicable
drawings, engineering specifications and other details requested
by the department. No construction shall take place in these ;
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800 1664
LICENSE
This license, given by the City of Tigard, entitles Consolidated
Supply Corporation (hereafter "grantee"), their successors and assigns, to
the certain limited, described uses of the real property described in
Exhibit "A", which will hereafter be referred to as "the subject property".
The subject property is a portion of a dedicated but undeveloped
and unaccepted public street right—of—way. By this license the City of Tigard
grants to grantee the rights to make the following uses of the subject property:
1. To park cars, trucks, and other machinery. (This right
includes the right to pave, to mark the pavement, to
construct curbs, and make such other improvements and
alterations to the land as may be reasonably necessary
to facilitate the described use and to meet relevant
requirements of the Tigard Municipal Code and such
land—use requirements and limitations as the City
may impose from time to time.)
2. To landscape.
3. To place upon the .ubject property piping, wiring, meter
boxes, and such c•.,er similar ancillary equipment,
machinery, and supplies as may be useful to any legal
business or residential use of the adjacent parcel
described in Exhibit "B", which is hereby incorporated.
The limitations on this license_ include the following:
A. If at any time the City or any other government or any person,
partnership, or corporation proposes the opening, improvement,
or governmental acceptance of the subject property as an
improved public street or road, grantee shall remove at his,
expense and within 90 days of receipt of written notice to
do so from the City any curbs, fences, walls, berms, trees-,
or other impediments to the opening of the subject property
for public travel. (The City shall not give the described notice
until it, hn!� authorized the improvement of th( subject property
as a public street or road ana satisfied itself as to the
4 proposed developer's good faith intent to make the improvement
and his or its capacity to accomplish the project.)
The opening, improvement, or governmental acceptance of the
subject property as an improved public street or road shall
not give rise to an action or suit for damages to grantee,
their successors and assigns. It is specifically agreed by
grantee that if the opening, improvement, or governmental
acceptance of the subject property occurs any violations of the
land—use regulations of any government caused by the loss of
use of the subject property shall be the responsibility of grantee,
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Al—
their successors and assigns, and they shall take such action
as may then be required by relevant laws and land-sue
rebulations, without costs to the City or any other government.
B. Grantee accepts responsibility for the care and maintenance
of the subject property, and agrees to hold the City and any
other government harmless from any claim arising; out of the
maintenance of the subject property, its condition, and the
operation, condition and maintenance of all equipment,
supplies, structures, and artificial conditions placed
upon or created upon the subject property.
C. This license shall not entitle grantee to use of the
subject property for the purpose of providing access to any
tract of land other than that described in Exhibit "B".
D. This license shall expire 99 years from the latest date
written beside the signature at the end of this document,
unless sooner terminated by other conditions recited in this
document or by the consent of all parties.
E. Grantee will sign a non-remonstrance agreement on 72nd Avenue
street improvement L.I.D.
Executed this YL day of 19 Stu on
behalf of the City of Tigard:
i
SubsCri�ed and sworn to before me this C/%�`d of A. 19kF)
c otary Pu li or Oregon p
My Commission Expires: /[/--0�_O
Ga. ,
Executed by Consolidated Supply Corporation this G day of 19 Ir:)
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Subscribed and sworn to before me this^eday of 19 1fo
otary Public r Oregon
My Commission Expires:Qztlo 1�fo
PAGE 2 - LICENSE
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FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET VACATION (Page 1 of j)
2S112AC-00400 2S112AC-01000
NATIONAL SAFETY CO SOUTHERN PACIFIC TRANSPORTATION
14480 YORBA PO BOX 2500
CHINO,CA 91710 BROOMFIELD,CO 80038
2S112AC-01100 2S112AC-01500
PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIAT
15350 SW SEQUOIA PKWY#300-WMI 15350 SW SE=:9u0wpKvvv#300-WMI
PORTLAND,OR 97224 BORTt� D,OR 97224
2S112DB-00400 2S 1 12DB-00401
OR-WASH ENTERPRISES UNLIMITED PACIFIC REALTY ASSOCIATES
111 SW 5TH AVE#3400 15350 SW S #300-WMI
PORTLAND,OR 97204ND,OR 97224
2S112DC-00200 2S112DC-00201
a
IC REALTY ASSOCIATE PACIFIC REALTY ASSOCIATSW S #300-WMI 15350 SW S Y#300-WMI
ND,OR 97224 ND,OR 97224
2S112DC-01200 2S 1 12DC-01 300
AKERMAN RICHARD D& PASTOR WILLIAM A
16075 SW UPR BOONES FRY RD 15930 SW 74TH
TIGARD,OR 97224 TIGARD,OR 97223
2S113AB-01000 2S113AB-01600
B & R INVESTMENTS DUNCAN, JOHN ARTHUR AND JANICE LEE
PO BOX 1429 16055 SW 74TH
TUALATIN OR 97062 TIGARD OR 97224
2S112DC-01400 2S112DC-01100
LOY CLARK PIPELINE CO. AKERMAN, RICHARD D & WATHEY, JAMES E
c/o CLARK, RONALD D & SHARON BY NW LANDSCAPE INDUSTRIES
16880 SW SILER RIDGE LN 16075 SW UPPER BOONES FERRY RD
BEAVERTON OR 97007 TIGARD OR 97224
2S113A8-00400 2S113AB-00500
AKERMAN, RICHARD D Y, JAMES E �, RICHARD D & WATHEY, JAMES E
16075 BOONES FERRY ROAD 16075 SW UPPER SCONES FERRY RD
OR 97229 TIGARD OR 97229
2S113AB-00600 2S113AB-00300
PACIFIC REALTY AS�O�.��fP AKERMAN, RICH/WATHEY, JAMES E
15350 IA PKWY #300-WMI 16075 SW UPPER BOONES FERRY RD
AND OR 97224 TIGARD OR 97224
2S113AB-00800 2S113AB-00700
DUNCAN, JOHN A AND JANICE LEE B & R INVESTMENTS
16055 SW 74TH AVENUE 16255 SW UPPER BOONES FERRY RD
TIGARD OR 97223 TIGARD OR 97224
FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET VACATION (Page 2 of 2)
NORTHWEST LANDSCAPE INDUSTRIES
16075 SW UPPER BOONES FERRY RD
TIGARD OR 97224
NORTHWEST LANDSCAPE INDUSTRIES
RICHARD AKERMAN & JAMES WATHEY
16075 SW UPPER BOONES FERRY RD
TIGARD OR 97224
ELMO STUDD'S LUMBER SUPPLY
BILL FAGAN & RON PULLIAM
16255 SW UPPER BOONES FERRY RD
TIGARD OR 97224
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VICINITY CASE NO.
FANNO CREEK PLACE
EXHIBIT MAP � PUBLIC RO.W.STREET
VACATION
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Vacated49
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CASE NO(S)81 CASE KNE[S):
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4 VACATION
EX}lIBIT MAP N
REQUEST FOR COMMENTS CITY OF TIGARD
Community Development
DATE: December 3,199 Shaping Better Community
TO: PER ATTACHED
FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea,Associate Planner
Phone:[50316394111 Fax:[50316841291
RE:
➢ FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET&EASEMENT VACATION Q mmmm ,
The petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an approximately 16,174 square foot
portion of SW Fanno Creek Place an unimproved roadway that provides secondary access to Elmo Studd's and Northwest
Landscape Industries. Petitioner is also requesting to vacate an approximately 4,914 square foot portion of an unnamed
30-foot-wide roadway adjacent to lot 36 of "Fanno Creek Acre Tracts" that had been dedicated in 1911 to the public with the
platting of the Subdivision and which may no longer be necessary. LOCATION: 30 FT. ROAD ADJOINING LOT 36 OF
FANNO CREEK ACRE TRACTS: All of said 30-foot-wide roadway adjoining the westerly line of Lot 36 of said "Fanno Creek
Acre Tracts" lying between the southwesterly line extended of said Lot 36 and the north line extended of said Lot 36; the
westerly line of said roadway adjoins the 50-foot-wide Oregon Electric Railway right-of-way and is 163.8 feet long. PORTION
OF SW FANNO CREEK PLACE: That said portion of SW Fanno Creek Place (County Road A-138) in the northeast-quarter of
Section 13, Township 2 South, Range 1 West, Willamette Meridian, Washington County beginning at the south corner of Tract
37 "Fanno Creek Acre Tracts, and running thence along the southwesterly lines of tracts 37 and 35 of said "Fanno Creek Acre
Tracts" 412.16 feet to the easterly line of the Oregon Electric railway right-of-way, 25,000 feet from centerline; thence, along
said right-of-way line, 42.53 feet along the arc of a non-tangent curve right, concave northwest, the radius of which is 42.53 feet
to the southwesterly right-of-way line of SW Fanno Creek Place (County Road No. A-138); thence, along said Fanno Creek
Place right-of-way line of that Parcel 2 described in the street dedication to the public recorded August 1, 1983„ Washington
County Recorder's Fee No. 83-27515, 16.54 feet along the arc of a curve right, concave west, the radius of which is 14.00 feet
along the arc of a curve right, concave and the long chord bears 15.59 feet to the northwesterly right-of-way line of SW Upper
Boones Ferry Road (County Road No 534), 30.00 feet from centerline; thence, along said SW Upper Boones Ferry Road right-
of-way line N. 48.78 feet to the point-of-beginning; containing 16,174 square feet, more or less, running along the southwesterly
lines of Tracts 37 and 36 of said"Fanno Creek Acre Tracts"
Attached is the Site Plan,vicinity Map and Applicant's statement for your review. From information supplied by various departments and
agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:
[Wednesday-December 111M. You may use the space provided below or attach a separate letter to return your comments. If you
are unable to respond bythe above date,please phone the staff contact noted above with your comments and confirm your comments in
writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR
97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY-
-
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
(Please provide the fodowir8 information)Name of Person[s]Commenting:
Phone Number[s):
FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET&EASEMENT VACATION PROPOSAL/REQUEST FOR COMMENTS
REQUEST FOR COMMENTS
NOTIFICATION LIST FOR LAND USE&DEVELOPMENT APPLICATIONS
[CIT Area(C)IEI(S)[IMI CIT ZEN.INVOLVEIIEEIn';TEAMS m Placa for ratiwr is ubran crr Boakta)
FILE NO[S).: FILE NAME[S): rA A ) C,e i?� U/ A7k7;,J
CITY OFFICES
_ADVANCED PLANNING/Nadine Smith,Planning Supervisor COMMUNITY DVLPMNT.DEPT./D.Ipmtn.Svc..T.hnki.n. _P LICE DEPT./Jim Wolf,cdm.P,..--O k«
_BUILDING DIV./David Scott,Building OBki.l ,LENGINEERING DEPT./Brian Rager,Dvlpmnt.R..lew Enginsa HATER DEPT./Michael Miller,op«.u«.M.n.q«
_CITY ADMINISTRATION/Cathy Wheatley,ayR.cwd. L tPERATIONS DEPT./John Roy,P,w"M.n.g« _OTHER
SPECIAL DISTRICTS
: UALATIN VALLEY FIRE&RESCUE _TUALATIN VALLEY WATER DISTRICT UNIFIED SEWERAGE AGENCY
Fire Marshall Administrative Office Julia Huffman/SWM Program
Washington County Fire District PO Box 745
(place in pick-up box) Beaverton,OR 97075 Hillsboro,
N.First Street
OR 97124
LOCK MD STAMIJBISDICT[ONS
CITY OF BEAVERTONCITY OF TUALATIN _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS
_PO Box 4755 Planning Director 2501 SW First Avenue 775 Summer Street,NE
Beaverton,OR 97076 PO Box 369 PO Box 59 Salem,OR 97310-1337
Tualatin,OR 97062 Portland,OR 97207
_Larry Conrad,senior Planner OR.PUB.UTILITIES COMM.
_Mike Matteucci,Nwgtomd.Coord. METRO OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street,NE
_600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
_CITY OF DURHAM Portland,OR 97232-2736 Portland,OR 97232
City Manager _US ARMY CORPS.OF ENG.
PO Box 23483 _Paulette Allen,Growth Management Coo dinator _OR.DEPT.OF LAND CONSERV.&DVLP 333 SW First Avenue
Durham,OR 97281-3483 _Mel Huie,Greenspaces coordinator 1175 Court Street, NE PO Box 2946
_CITY OF KING CITY _METRO AREA BOUNDARY COMMISSION Salem,OR 97310-0590 Portland,OR 97208-2946
City Manager 800 NE Oregon Street _OREGON DEPT.OF TRANS.(ODOT) WASHINGTON COUNTY
15300 SW 116th Avenue Building#16,Suite 540 Aeronautics Division Dept.of Land Use&Trans.
King City,OR 97224 Portland,OR 97232-2109 Attn: Tom Highland,Plertrting 155 N.First Avenue
_CITY OF LAKE OSWEGO _OR.DEPT.OF ENERGY 3040 25th Street,SE Suite 350,MS 13
Planning Director Bonneville Power Administration Salem,OR 97310 Hillsboro,OR 97124
PO Box 369 PO Box 3621 _ODOT,REGION 1 _Brent Curtis(CPA's)
Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera Sonya Kazen,Dvlprrd.Rev.coord. _Scott King(CPA's)
Portland,OR 97208-3621 123 NW Flanders _Mike Borreson(Englr�
_CITY OF PORTLAND Portland,OR 97209-4037 Jim Tice(iGA.)
David Knowles,Planning 8weau Dir. _OREGON,DEPT.OF ENVIRON.QUALITY om Harry(a,erupt.aap,.
Portland Building 106, Rm. 1002 811 SW Sixth Avenue _ODOT,REGION 1 -DISTRICT 2A _Phil Healy(CPt.Ala..)
1120 SW Fifth Avenue Portland,OR 97204 Jane Estes,Permd swieimt
Portland,OR 97204 PO Box 25412
Portland,OR 97298-0412
UTILITY PROVIDERS AND SPECIAL AGENCIES
1_ a BURLINGTON NORTHERN/
SANTA FE R/R _METRO AREA COMMUNICATIONS "/PORTLAND GENERAL ELECTRIC _TCI CABLEVISION OF OR.
Reed Fay,Division Superintendent Jason Hewitt Brian Moore,Svc.Design Consultant Linda Peterson
1313 W. 11th Street Twin Oaks Technology Center 9480 SW Soeckman Road 3500 SW Bond Street
Vancouver,WA 98660-3000 1815 NW 169th Place,S-6020 Wilsonville,OR 97070 Portland,OR 97201
Beaverton,OR 97006-4886
_COLUMBIA CABLE COMPANY 'PORTLAND WESTERN R/R _TRI-MET TRANSIT DVLPMT.
Craig Eyestone NW NATURAL GAS COMPANY Steve Myhr, Region Manager Michael Kiser,Project Planner
14200 SW Brigadoon Court Scott Palmer �r Catellus Property Management 710 NE Holladay Street
Beaverton,OR 97005 220 SW Second Avenue d s!� 999 Third Avenue,Suite 2120 Portland,OR 97232
/GENERAL TELEPHONE
Portland,OR 97209-3991 �I�I Seattle WA 98104-4037 n
: � N
� ah.
Paul Koft,Engineering �' OREGON ELECTRIC RIR C�J,' SOUTHERN PACIFIC TRINS.�CO.R/R US WEST COMMUNICATION
MC: OR030546 (RURUNGTONNORTARNIWArFR/RCRFDASS ) I) „� Clifford C.Cabe,Construction Engineer Pete Nelson
Tigard,OR 97281-3416 Reed Fay,Division SuperintendentV 5424 SE McLoughlin Boulevard 421 SW Oak Street
1313 W. 11th Street Portland,OR 97232 Portland,OR 97204
Vancouver,WA 98660-3000
hvat"astersUtcnotice.mst 27-Oct-97