78-042516 ~ Lake Terrace RECEIVED
N 0 V 81978
CITY OF TIGARD
CITY OF TIGARD, OREGON 78042516
ORDINANCE No. 78-.4i.1
AN ORDINANCE VACATING CERTAIN SIDE LOT EASEMENTS IN LAKE TERRACE SUBDIVISION, CITY
OF TIGARD, WASHINGTON COUNTY, OREGON.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that a resolution was adopted by the Council on
August 14, 1978 relating to the vacation of the hereinafter described
easements and that a public hearing was thereby called to be held on September 11, 1978
and that notice of said hearing was 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
September 11, 1978 at which time and place the Council afforded all interested
persons an opportunity to be heard for or against the proposed vacation of said
lands, and the Council further considered all objections thereto.
Section 3: The Council further finds that a majority of the owners of the area
affected by said proposed vacation, computed on the basis provided
in Chapter 271.080 O.R.S. , did not object thereto in writing and that all owners
affected thereby did, in fact, favor the vacation of said area; and the Council finds
that said vacation will not substantially affect the market value of any abutting
property.
Section 4: The Council further finds that the public interest will not, be,
prejudiced by the vacation of the hereinafter described easements
and that the said lands are not useful as part of the public street, utility
or road system of the City of Tigard and that it is in the public interest that
said vacation be approved.
Section 5: The following described portion of side lot easements in Lake Terrace
subdivision are hereby vacated and discontinued as public ways:
Side lot utility easement(s) within platted lot(s) 8, 9, and 10 of
Lake Terrace, a subdivision of record in Washington. County, Oregon
being more particularly described as follows:
Five foot wide strip(s) of land lying adjacent to, parallel with
and on each side of, the common line of Lot 8 and 9 of said
subdivision; and
Five foot wide strip(s) of land lying adjacent to, parallel with and on
each side of, the common line of Lot 9 and 10 of said subdivision.
MLP 6-78 /
tACC:..Jji' AL
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Section 6: That the City Recorder be, and she is hereby authorized and directed
to have certified copy of this ordinance filed for record with
the following Washington County departments:
1. Department of Records and Elections
2. Department of Revenue and Taxation - Attn: Assessor
3. Department of Public Works - Attn: County Surveyor
All as required by Chapter 271.150 O.R.S.
Section 7: 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 �,(nay„'�,or s vote of all Council members present, after
being read two times by number and title only, this )[_7`k
day of oze ,�r �, 1978.
g
Recorder - pro-tem
APPROVED: By the Mayor, this /f Th day of Q e� 2P-,,- , 1978.
Mayor
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x
PAGE 2
ORDINANCE No. 78-
MLP 6-78
I, LORFEN R.. WILSON, herebyy certify that I am the duly app%w ted, qualified, and
acting Recorder pro—tem for the City of Tigard, Oregon.
I further certify that I have compared the herewith copy with the original in my
r possession as custodian of the official records of the City of Tigard, and t::at the
herewith copy is a true and complete copy thereof.
IN WITNFjSS WHEREOF have her nto set my hand and seal of the City of Tigard this
r.G� day of - , 19Lad)
7
1
City Recorder pro—tem
STATE OF OREGON f
� SS
County of Washington
t
Roger
Director
and
Esnsand Ex-Officio Recorder of Con-
veyances for said county, d
hereby-certify that
the within instrumentof writing.was received
and recorded in book-of-records
No.
of said County
;r Witness my hand'and seal affixed.
ROGER THOMSSEN, ,Director of
Records-& Elections• I
Deputy
SEP 25 2 43 27U
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CITY OF TIGARD, OREGON
ORDINANCE NO. 79-
AN ORDINANCE VACATING A TRACT OF LAND IN BROOKWAY AND LAKE TERRACE
SUBDIVISIONS.
WHEREAS, the City Council of the City of Tigard initiated a
vacation proceeding in connection with the vacation of the land area
described in Exhibits A, B, and C, and notice of the proceeding and of
the public hearing concerning the proceeding was given by publication in
the Tigard Times once each week for five publishings , notifying all
interested persons that a public hearing would be held concerning this
vacation on November 26 , 1979; and
WHEREAS, notice was posted by the City Recorder as required
by Resolution 79-96 at the location of the proposed vacation; and
WHEREAS, a public hearing was held in accordance with Resolu-
tion No. 79- 96 and the published notice describes above on November 26,
1979; and
WHEREAS, it appears that no evidence was given at the public
hearing indicating that any person has an objection to the proposed
vacation, and no evidence was given suggesting any reason why the area
described should not be vacated;
NOW, THEREFORE, the City Council of the City of Tigard ordains
as follows:
1. The City Council finds that the area described in
Exhibits A, B, and C does not serve a public purpose and is so situated
as to be of no use now or in the future as part of a public street
system, park system, greenway system, or other public system of the City.
2. It is in the public interest that the described area be
vacated and be made available for the private maintenance and use of
the adjacent owners.
3 . Because of the location of the subject property the City
cannot properly maintain the subject property so as to keep it in a safe
and attractive condition without expenditure of public funds far in
excess of the value to tae City of such maintenance.
4 . The area described in Exhibits A, B, and C is hereby
vacated, and its ownership shall pass to the abutting owners, as pro-
vided by ORS 271. 140 .
r
This ordinance shall take effect on the 31st day following
passage by the Council and signing by the Mayor.
PASSED: By U.i7 a v) „,j u 5 vote of all Council members
present this UqL day of 1979 .
CORDER, ITY 0 TIGARD
SIGNED: By the Mayor, this ,fib day of ��;���.?�,, ��: 1979.
MAYOR, CITY F TIGARD
,.. _ __ ._.,................................. ........ .®..............,.................,..,..».........o.....«...........o...x+..nneeways.esw.naewaeru.xe.e..ai+wesa»axunuxx
tut+,
December 4, 1975
v'
Arrow Heating Co.
10350 S.W. Tualatin Road
Sherwood, Oregon 97140
Re! MLP 6--75 Easement Vacation Request
ATTN: Joe Chamberlain
Dear Joe:
Enclosed is a cops* of the recorded ordinance vacation an side lot easements in
Lake Terrace Subdivision. Also enclosed is a check in the mount of $57*45, which
is refunding the unused portion of your $100.00 deposit. An expense breakdown
follows for your records.
e Public notice printing Deposit $100.00
$30.55
Expenses * 42.55
Recording Dees Total Refund $ 57.45
$12.00
If you have any questions regarding this matter, please feel free to
contact this office.
Sincerely,
Doris Hartig
City Recorder
DH:lav
Enc.
September 22, 1976
B,og
,er botis s en
Washington County Courthouse
150 North First
Hillsboro, Oregon 97123
Re: Pecording Documents
Dear Mr. Thoinssen:
Enclosed is a check for $12.00 to cover recording fees of Ordinance 'Nlo. 78-52
dealing with side lot easei;ients in Lake Terrace Subdivision,. """.50 is for
regular recordin'7 fees and '-,A.50 is for the surveyor's recordii,'g fee. Ple'�Ise
forward tlie surveyor's copy of the ordinance to that office when it has been,
recorded.
If you have any questions, please contact me at 639-4171.
Sincerely,
Loreen Wils&n
Recorder - pro-tem
Iw
Enc.
------ ----------- __---------
1001
September 22, 197`3
Department of Revenue & Taxation
Washington County Courthouse
150 North First
Killsboro, Oregon 97123
Attn: Assessor
Dear Sir:
Enclosed is a copy of Ordinance No. 78-52 which the Ti1oarcl City Council
passed on September 11, 197,S. This ordinance vacates certain side lot
easentents in Lake Terrace Subdivision. This is ',)einF fiUd with your
office ps,-required by ORS 211J60.
If you have any questions, please feel free to contact me.
Sincerely,
Loreen Milson
Recorder pro-ter,
1W
Enc.
September 18, 1978
Amor Heating Co.
10350 SW Matin Road
Awwwood, Oregon 9714
Res HLP 6-78 Easement Vacation Mquest
ATTNs Jae Chamberlain
Dear Joe:
The Tigard City Council, at its regular meting of Septes6ov 11, 1578, adopted
Ordinance No. 76-52, copy enclosed# vacating curtain side lot aas nts within
Lake Terrace Subdivision.
When this matter has been recorded by the Cou t, the City will refun4 what
monies ba" not been spent in this vacation procoss.
Sincerely,
Donis Waertig
City Recorder
DHsiv
Enc.
CC s Jerry Daniels
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AFFIDAVIT PUBLICATION ... �� I
STATE OF OREGON,
COUNTY OF WASHINGTON, ss. ''1
Codi of;Ti, w w,
I> --- I93� 1{ eth�t'ty �i ' ,
t►regciitt>�e�►is��G1atu ,�����!'� �+� .
beingfirst duly sworn, depose and say that I am the -- lfi� will � ' r
Y P Y Publisher - - and at 8 m.:•on entt
111 399$.atPowle� junior
of The Tigard Times, a newspaper of general circulation, as defined Lecture � Qh ,
3065 ; �
Street,T1grd,` ems{,
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county andri
state; that the legal notice, a fetlr ef1 �
g printed copy of which is hereto annexed, was
Terra a,S t> t+ '�,
4 "1.
published in the entire issue of said newspaper for ----------------- -------- successive and and Waslxln
1 lit t� cif of i
consecutive weeks in the following issues _------- _______-----_.------.. ----- ________ _________ ai s i` ..
of Uti ity
— --------August---1-6--------23-----30 and----Se tember--6 1-9-7$ --------- ! ut �t�
+ 4`
ra
Sig ure) 4yf wide SLr1o(SI ,
,yy
Subscribed and sworn to before me this _ .__--------th_ ___---- day of
Sept F1ve foat
a �
rM-
-- -- .ember_... Is- -�$
Notary Public of Oregon A
COMMISSIO, pwst S4 P td i t
My commission expires __.____. `� '
- >fET�_�F, 19r the + Iil r 1 �ec04er crew' tr�1 I
the uheareoll1 and. b i ,
pr�c `ttr this date a�`Vie';3eea` � ,
heard and ''41 '611
having ate i�iteregt
liifn'Qa'-.vathpIty wa
AFFIDAVIT OF POSTING
In the Matter of the Proposed
SIDE LOT UTILITY EASEMENT VACATION - Lake Terrace Subdivision
STATE OF OREGON )
County of Washington) ss.
City of Tigard )
1, Richard W_ Cettel, Jr being first duly sworn, on
oath depose and say:
That I posted in the following public and conspicuous places, a
copy of Notice of Public Hearing of the Side Lot Utility Easement Vacation
within Lake Terrace Subdivision — a copy of said notice being
hereto attached and be reference made a part hereof, on the 15thday of
August , 19 78
1. 40 feet South of the southeast corner of Lot 9 on a ceder fence post within
Lake Terrace Subdivision.
2. Near the southeast corner of Lot 10 on a 12 inch diameter red alder tree within
Lake Terrace Subdivision.
3. On S.W. 124th Avenue on a P.G.E. Pole No. C21-3/6078.
4. On S.W. 124th Avenue on a P.G.E. Pole No. C21-3/6857.
io 1
Subscribed and sworn to before me h o ,
19_78. ^� --- —
tar), Public for regon
Atfida, it of Posting My Coirnii_ssion Expires: 11-06-81
CITY OF TIGARD
• 4
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF CERTAIN SIDE LOT EASEMENTS IN LAKE TERRACE SUBDIVISION IN. THE
CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
Pursuant to resolution of the City Council of Tigard adopted Augu.,;r 14 , 1978,
under authority of Chapter 271.130 Oregon Revised Statutes, a public hearing will be
held by the Council of Tigard at 8:00 P.M. on Monday, September 11, 1978 at Fowler
Junior High School, Lecture Room, 10865 SW Walnut Street, Tigard, Oregon, with respect
to the proposed vacation of the following described four existing un-used 5 foot wide side
lot utility easements in Lake Terrace Subdivision in the City of Tigard, Washington
County, Oregon.
EXHIBIT "A"
Side lot utility easement(s) within platted lot(s) 8, 9, and 10
of Lake Terrace, a subdivision of record in Washington County,
Oregon being more particularly described as follows:
Five foot wide strip(s) of land lying adjacent to, parallel with
and on each side of, the common line of Lot 8 and 9 of said
subdivision; and
Five foot wide strip(s) of land lying adjacent to, parallel with
and on each side of, the common line of Lot 9 and 10 of said
subdivision.
Any objections or remonstrances against said proposal to vacate said areas may be
made in writing and filed with the City Recorder prior to the date of the hearing,
and all objections filed prior to the date of hearing will be heard and considered,
and any person having an interest in the proposal may likewise verbally be heard
at said time and place.
By order of the City Council of Tigard, this 14th day of August , 1978.
ity Recorder - Pro-Tem
TT Publish August 16, 23, 30, Sept. 6, 1978.
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CITY OF TIGARD, OREGON
RESOLUTION No. 78-
A RESOLUTION CONCERNING VACATION OF CERTAIN SIDE LOT EASEMENTS IN LAKE TERRACE
SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, the area described on the attached sheet headed "Exhibit A", and by
this reference made a part hereof, consists of four existing un-used 5 foot wide side
lot easements dedicated to the public for utility purposes in Lake Terrace Subdivision,
within the corporate boundaries of the City of Tigard, Washington County, Oregon; and
WHEREAS, said described areas do not serve a public purpose and are so situated
as to be of no usefulness now or in the future as part of the public utility system of
the City; and
WHEREAS, it appears to be in the public interest that the said areas be vacated
and made available to development and use; and
WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners have petitioned
for the initiation of vacation proceedings as authorized in Chapter 271 ORS.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY OF TIGARD AS FOLLOWS:
Section 1: "That the public hearing is hereby called to be held by the City Council
of Tigard on Monday; September 11th, 1978 at 8:00 P.M. at Fowler Junior
High School, Lecture Room, 10865 SW Walnut within the City of Tigard, at
which time and place the Council shall hear any objections thereto, and any
interested person may appear and be heard for or against the proposed
vacating of said easements.
Section 2: "That the City Recorder be, and she is hereby, authorized and
directed to cause to have published in the Tigard Times, a newspaper
of general circulation in the City of Tigard hereby designated for such
purpose, a notice of said hearing in the form hereto attached and by this
reference made a part hereof, the first publication to be made on the
15th day of August, 1978 and once each week thereafter for four
publishings in all.
"The Recorder be, and she is hereby, further directed to cause to have posted
within five (5) days after the date of first publication, a copy of said
notice in the form hereto attached, at or near each end of the area(s)
proposed to be vacated, and in addition, the Recorder shall post a copy
of said notice in at least two (2) conspicuous places within the area(s)
proposed to be vacated, all of said postings to be accomplished within the
time herein stated.
Section 3: "That the particular portion of dedicated areas proposed to be vacated
is described on the attached sheet headed "Exhibit A" and by this
reference made a part hereof."
PASSED By Council on this -/yTh day of , 1978.
ATT ST:
�tecbrder - Pro
dem Mayor T
r RE;�TION No. 78-0
t
EXHIBIT"A"
Side lot utility easement(s) within platted lot(s) 8, 9, and 10 of Lake
Terrace, a subdivision of record in Washington County, Oregon being more
particularly described as follows:
Five foot wide strip(s) of land lying adjacent to, parallel with and on each side
of, the common line of Lot 8 and 9 of said subdivision; and
Five foot wide strip(s) of land lying adjacent to, parallel with and on each
side of, the common line of Lot 9 and 10 of said subdivision.
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Page 6 - Council Minutes - August 14, 1978
(b) Planing Director noted the Planning Commission was still operating with
8 members instaead of a full board of 9 members and requested Council
take action shortly to fill the remaining vacancy.
Consensus of Council was to have Councilman Mickelson serve on the
Selection Committee for a second term sxix since Councilman Wakem's
ppsxxixxxwxx position was vacant. Aism Mayor Bishop requested
staff look into the problem and advise members of the Selection Committee
when interviews were arrainged.
(c) City Recorder pro-tem requested Council approve a refund request from J. B. Bishop
for a Comprehensive Plan Change Request which had not been acted on by the
Planning Commission. It was noted that the City had incurred only $6.12 of
advertising costs, which would make the refund amount $493.88.,
Motion by Councilman Scheckla, seconded by Councilman Mickelson to
approve refund in the amount of $493.88.
Approved by majority vote of Council, Mayor Bishop abstaining.
(d) City Recorder pro-tem requested Council approve a resolution setting public
hearing for side lot easement vacation in Lake Terrace Subdivision.
RESOLUTION No. 40 x-61 A RESOLUTION CONCERNING VACATION OF CERTAIN
SIDE LOT EASEMENTS IN LAKE TERRACE SUBDIVISION,
IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
Mo by Councilman Mickelson, seconded by Councilman Scheckla to approve
esolution No. 78-61.
Approved by unanimous vote of Council.
(e) Legal Counsel advised staff and Council the Hiransonboom litigation was settled.
The litigation on the SDC charge was still pending the Judge's decision, however
the trial was over.
20. ADJOURNMENT - 8:55 P.M.
Recorder - pro-tem
ATTEST:
Mayor
-------------
August 17, 1978
Arrow Heating Cos
10350 SW Tualatin Road
$herwood, Oregon 97140
Attnt Joe Chamberlain Rat MP 6-78 easement vacation request
Dear acre
Ilia Tigard City Council will hold a public h4aring regarding, your utility easement
vacation request at 8:00 P.M. on September It$ 1978. The meeting will be h*#A at
10865 SW Walnut Street (,Fowler Junior High School Lecture
If you have any question,:, re;7arding this matter) phase feel free to contact iixe
at 639-4171.
Sinearely,
Lorean Wileor
Recorder pro-tem
1W
CC: Jerry Daniels
August 11, 1978
D,W,D, Contractors
P. 0. Box 23551
Tigard, Oregon 97223
Attnt Jerry Daniels
Re: Lake Terrace Subdivision 19asement Vacation
Lots 8000,8100 and 8200.
Dear Jerry:
The City of Tigard is in receipt of your letter of request, signed by
Joe Chamberlain requesting the above mentioned utility easements be
vacated. The City of Tigard has no objection to the easements being
Vacated, however, this will be presented to the City Council for
public hearing per ORS 271.110 within the next few weeks. A bu;ldii%-
permit will be issued by our Building Department even though at this time
the old easements still exist, and all lots are recorded in the County.
If you have any 4urther questions regarding this matter. please feel
free to contact me.
sincerely,
Doris '.tlartik
61ty Recorder
9/Loreen Wilson
1W
i C50
FAT I
HEATING•AIR CONDITIONING.SHEET METAL its -1
10350 S.W. TUALATIN ROAD,SHERWOOD,ORE.
E.s (503)638$877 87140
u. ,ust ill 197QQ
City of '.Tio-ard.
12420 7 . '4. Vain yy
'1.+i—ard., Oregon
Tentlemen:
I request t'n_e vacatinp- of t'i.e following side lot utility
easements wiltbin platted mots 8,9 aild 10 of Lae errace,
a subdivision of recon, in 'Jas':in;ton County, Cre:;on, bei
U
':x)re. articul,:u^ly described as follows:
Live (5) Poot wide strips of land 'Lying adjacent to,
ara?1e7. w; th and on each side of the coriwron Line of
9, and. Lot 9 a d 10 of said subdivision.
Th-'-a:a re:,ue-s t is to remove the easements th-�.t now exist
through the newly defined lots that were ap1.roved
by .Minor Land Partitioning
Very truly yours,
rT 7i:G Cv Ply
G ,-1 n �l n
J. ,x. C,-1 : r(:'S1.dent
jgc pW
FORM No. 24—ACKNOWLEDGMENT—CORPORATION. STEVENS-NESS LAW PUS.CO..PORTLANO.ORE.
STATE OF OREGON,
ss.
County of---___ r srinilton -- --- On this lltl2 - --day of- ria ut _.. 19_ 7 ,
before me appeared
J. G. %rarnberl- in and
- -
-- both to me personally- known, who being
duly sworn, did say that he, the said_ _._ _ J. G. hamberlain__--_--_---
is the___ President, and he, the said
is the -- - ---_ --Secretary- -- ----_ _ - _--- -- - . of-- ---------- president
the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora-
tion, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board
of Directors, and - - - - - ------ - - _-and__
acknowledge said instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my of 9ciallseal the day rd year last above written.
---t --1 - ------- -------- - --- ----------__-_._
Notary Public for Oregon.
My Con7inission expires- _-._ , __ �
BARGAIN AND SAL- UE.'
The un,?ersi-;ned Grantors convey to ACRO:, a 711 1
an Oregon r-orroration, the following described real property in
the County of Aashington, State of Oregon:
The following described tract, being a portion of Tract, A,
described as follows:
Beginning at the Northeast corner of Lot 8 of �ha duly
recorded plat of Lake Teri-ace; thence North 88 25' 20"
v,;est 42 feet to a point on the North line of said Lot 8;
thence North 370 52' 13" Last 79.40 feet to a point of the
east line of Lot 9 at the most Northerly corner of Tract A;
thence South. 060 02' 42" :gest 64.20 feet to the point of
beginning. Containing 1.344 square feet..
The true and actual consideration for this conveyance is
v 11.00
Until a change is requested, all tax statements are to be
sant to the f of low:in g address;
Poa
Sher::c:od, Or -an 97140
Dated. this 28th daY ofy z,ril 1978.
Lake Terraa Home � �?ssociation
President
Secratary
STAT: OF OR-EGON )
ss.
County of '.Iashtnp;to i )
; r l 2: 1978.
Personally appeared the above- na.med_ Richard Cs S0arpsc;er ad
Joy -_E. ',',ahon
and acknowledd the foregoing Inst.-ument to be their voluntary
act and deed..
Notary Pubic for Oregon
iMly Commission Aires: 10-22-81