86-054899 ~ 80th Court ORIGINAL MISSING
EASEMENT VACATION (UTILITY)
ORDINANCE NO. 86-48
RECORDING #86054899
CITY OF TIGARD, OREGON
ORDINANCE NO. 86— 7 U
AN ORDINANCE VACATING THE 5' SIDE-LOT UTILITY EASEMENT WITHIN LOT 96 OF COLONY
CREEK ESTATES IV SUBDIVISION AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 15.08.040 of the Tigard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to return the utility
easement to the property owner due to construction encroachment difficulties;
and
WHEREAS, the vacation is recommended by the Planning Commission and the City
Engineer; and
WHEREAS, in accordance with ORS 271 . 100, and TMC Section 15.08.110, the
Council fixed a time and place for the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271 .080; and
WHEREAS, the Council, having held a hearing on October 13, 1986, finds the
public interest will not be prejudiced by the vacation as provided by ORS
271 . 120 and TMC Section 15.08. 130; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate the utility easement area within said subdivision because
the public interest will not be prejudiced; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land:
1. The easterly five feet of the southerly five feet of Lot 96,
Colony Creek Estates IV, shall be retained for public utility
easement purposes.
2. The vacation shall not be effective until the effective date of
this ordinance; Condition No. 1 above is complied with; and a
certified copy of this ordinance has been recorded with the
Washington County Clerk, Assessor, and Surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation of the 5'
Side—lot utility easement within Lot 96, Colony Creek Estates IV Subdivision
as described on the attached Exhibit "A" and shown on the attached Exhibit
"B", and by this reference made parts hereof.
ORDINANCE NO. 86—LTG)
Page 1
lw/4098A
Section 2: The Tigard City Council further orders that the vacation be
subject to the following conditions:
1 . The easterly five feet of the southerly five feet of Lot 96,
Colony Creek Estates IV, shall be retained for public utility
easement purposes.
2. The vacation shall not be effective until the effective date of
this ordinance; Condition No. 1 above is complied with; a
certified copy of this ordinance has been recorded with the
Washington County Clerk, Assessor, and Surveyor.
Section 3: In no situation shall this ordinance be effective until the 31st
day after its enactment by the City Council and approval by the Mayor.
PASSED: By U k?c7 i-n l'/Yi cA_S vote of all Council members present after
being read by number and title only, this j 3 _r �� day
of 0CTnbef-- 1986.
reen R. Wilson, Acting Recorder
APPROVED: This 37� day of 1986.
hrT-E. Cook, Mayor
ORDINANCE NO. 86— -/ ,0
Page 2
lw/4098A
EXHIBIT "A"
LEGAL DESCRIPTION FOR COLONY CREEK ESTATES IV SUBDIVISION
(LOT 96) UTILITY EASEMENT VACATION
A strip of land located in the northwest quarter of Section 12, Township 2
South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington
County, Oregon, described as follows:
Beginning at the southwest corner of Lot 96, Colony Creek Estates No. 4, a
recorded plat, Washington County plat records; thence North 00016'29" East 5
feet; thence South 89043131" East 105 feet; thence South 00016'29" West 5
feet; thence North 89043'31" West 105 feet to the point of beginning.
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Randy Clarno Sept. 24, 1986
FROM: Loreen Wilson �-
SUBJECT: Street Vacations to be Considered at the October 13, 1986 Council
Meeting (Colony Creek Estates IV Subdivision, Genesis II
Subdivision, Pine Street [portion], Burnham Street [portion] , and
Electric Street [portion])
Randy, attached are copies of the letters received to date from the various
utility/service organizations concerning the street/easement vacations
scheduled for Public Hearings at the October 13, 1986 Council meeting
LRW:cw/4186A
Attachments
CITYOF TIGARD
September 2, 1986 OREGON
25 Years of Sen4ce
1961-1986
Tigard Water District
Attn: Bob Santee
8841 SW Commercial Street
Tigard, OR 97223
Re: Proposed Street Vacation
Ge n: e4—
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions of
approval you would recommend to protect your interest.
AREAS TO BE VACATED PROBLEMS TO BE ADDRESSED IN VACATION
-,.,�Colony Creek Estates IV Subd. None
o Genesis II Subdivision None
o Pine Street (portion only) None
o Burnham Street (portion only) None
TWD has a 2" cast iron water main located
'No Electric Street (portion only) approximately 6 feet from south curbline
(TWD needs easement) - the entire length of Electric Street.
The City is operating under a tight timeline with the vacation requests.
Please return your concerns and any questions you have regarding this matter
by' September 12, 1986 to my office.
Sin c ly,
Sincerely,
TIGARD WATER DISTRICT
Loreen R. Wilson
Acting City Recorder
Robert E. Santee
lrw/4105A Administrator
September 5, 1986
Enc.
13125 SW Hall Blvd,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
fi� vy�
CITYOF Th ARD
September 2, 1986 OREGON
25 Years of Service
1961-1986
General Telephone Company
Attn: Bob Olson
PO Bos 23416
Tigard, OR 97223
Re: Proposed Street Vacation
Gentlemen:
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns_ you foresee
should these proposed vacations be approved. Also, cite any conditions of
approval you would recommend to protect your interest.
AREAS TO BE 'VACATED PROBLEMS TO BE ADDRESSED IN VACATION
Colony Creek Estates IV Subd. 5' front lot easement required.
Maintain 5' front lot easement lot 48
o Genesis II Subdivision
o Pine Street (portion only) Maintain 5' easement N/W side of Pine St
o Burnham Street (portion only) Maintain 5 ' easement N/W side of Burnham St
o Electric Street (portion only) Maintain 5' easement South side of Elect is
The City is operating under a tight timeline with the vacation requests.
Please return your concerns and any questions you have regarding this matter
by September 12, 1986 to my office.
Sincerely,
Loreen R. Wilson
Acting City Recorder
lrw/4105A
Enc.
13125 SW Nall Blvd.P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
CITY OF TIGA RD
September 2, 1986 OREGON
25 Years of Service
1961-1986
Tigard Planning Department
Attn: Reith Liden
Tigard, OR 97223
Re: Proposed Street Vacation -
Ge men: ) f =
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions of
approval you would recommend to protect your interest.
AREAS TO BE'VACATED PROBrL/EMS- TO BE ADDRESSED IN VACATION
o Colony Creek Estates IV Subd.
. o Genesis II Subdivision
o Pine Street (portion only) it 5 . _OMW
Q f,�D y T� iZG/tE.l✓TQAFf t�
o Burnham Street (portion only) bR'U)Lo-ttotJ C�' 11.111, "T AwrD
a6 At.--r 4. 11ASrT W>;krc VpcV-.
o Electric Street (portion only)
The City is operating under a tight timeline with the vacation requests.
Please return your concerns and any questions you have regarding this matter
by September 12, 1986 to my office.
Sinely,
oreen R. Wilson
Acting City Recorder
lrw/4105A
Enc.
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
C"TY1Q j;D �"'a j2j Z,'CABLL 14200 S.W. Brigadoon Court
R
�.. Beaverton, Oregon 97005
C O M M U N ICAT ION S (503) 644-3188
August 28, 1986 3
City of Tigard
Attn: Loreen R. Wilson
13125 S.W. _Hall Blvd.
Tigard, OR 97223
RE: Proposed Street Vacations
In regards to your letter on July 18, 1986, Storer Cable is re-
questing a right of way through both attached vacated areas. If
a right of way cannot be granted, Storer Cable will in turn re-
quest compensation for having to relocate it's underground cable
plant. Please see the attached maps for location of Storer Cable
pedestals, undergound conduit and cable.
Sincerely Yours,
Katharine J. Street l/
CITY OF T I GA RD
September 2, 1986 OREGON
25 Years of Servfce
1961-1986
P.G.E. Company
Attn: Jack Thompson
14655 SW Old Scholls Ferry Rd.
Beaverton, OR 97005
" Re: Proposed Street Vacation
Gentlemen:
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions of
approval you would recommend to protect your interest.
AREAS 'TO BE VACATED PROBLEMS TO BE ADDRESSED IN VACATION
Colony Creek Estates IV Subd. /�/�ifSLfyt
o Genesis II Subdivision tiro 0rabl0-+s .pL hag Y1U c9es-irr
rid
o Pine Street (portion only)
o Burnham Street (portion only) �iEtiG
o Electric Street (portion only) ivv �ofx£�rt.
The City is operating under a tight timeline with the vacation requests.
Please return your concerns and any questions you have regarding this matter
by September 12, 1986 to my office.
Sincerely,
Loreen R. Wilson
Acting City Recorder
lrw/4105A
Enc.
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and City Council September 25, 1986
FROM: Randy Clarno, Engineering Services Manage]�K
SUBJECT: Colony Creek Estates IV Subdivision Public Utility
Easement Vacation (South five feet of Lot 96)
The Engineering Division recommends the vacation known as "Colony
Creek Estates IV - south five feet of lot 96" be approved subject
to one condition.
This condition being that the easterly five feet of the southerly
five feet of said lot 96 be retained for public utility easement
purposes.
This recommendation is based on the following findings :
(A) There is no affect on traffic, pedestrian or
bicycle circulation. No response was received
from fire or police relative to response time;
(B) Drainage in the area can be adequately provided
for without use of public easements in the vaca-
tion area;
(C) Responses were received from utility companies
relative to existing facilities in the vacation
area. The one condition included above will satisfy
all utility company concerns.
(D) The proposed vacation is not contrary to the Trans-
portation element of the :Comprehensive Plan;
and
(E) The vacation is not contrary to the Captial Improve-
ments Plan.
Reviewed and Approved:
e��,, �44"'
Randall R. Wooley
Deputy Director/City Engineer
Community Development Department
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NORTHWEST NATURAL GAS COMPANY
220 N.W.SECOND AVENUE PORTLAND,OREGON 97209
(503)226-4211 September 8, 1986
City of Tigard
Attn: Loreen R. Wilson
P.O. Box 23397
Tigard, Oregon -97223
Re: Proposed Vacation of a portion of Lot 96 ,
Colony Creek Estates IV, T2S, R1W, 12B
Dear Ms. Wilson:
Please be advised that Northwest Natural Gas Company
has no facilities within the proposed vacation area.
We would, therefore, have no objection to the City
vacating the area.
Please notify us when the vacation is complete so
that we can update our records accordingly.
Sincerely,
V
Diantha G. Beal
Engineering Department
cc: R. Polvi
Vacation File
Plat : 45-21
STREET AND EASEMENT VACATION SCHEDULE
PROJECT:
SCFIEDIILE OF ACTIVITIES
Initiation - Council consent agenda(Resol. No. )
Request for staff comments ( Police, Plan. and Eng.)
Request for utility co. and Fire Dept. comments
Posting of notice( 5 days after lot publication)
Ad to newspaper
lot publication
Last publication
Notification letters to property owners
Planning Commission review
Request for comments due
Staff Report due to Director
Packet due to City Administrator
Public Hearing
Post Ordinance
Send Ordinance for recording