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VAC1975-00001 December 17, 1975 Pollock & Graywon Investments 10211 S.W. Barbur Blvd. Portland, Oregon Re: Refund on S.W. 89th Avenue, S.W. Manxanita & S.W. Dakota Street Vacation Gentlemens Last June, 1975 the Tigard City Council denied your street vacation petition as it was insufficient. The City of Tigard is thus enclosing a check in the amount of $58.99; the balance of money on deposit that was not spent on legal notices. If you have any questions regarding this matter, please feel free to contact me at 639-4171. Sincerely, ,F Doris Hartig City Recorder �... DHtlw MMM September 4, 1975 roliuck & Grayson Investments 10211 S. ',. Barbur Portland, Oregon Re.' W. 89th Avenue, S. Ii. Manzanita and 'W. Dakota Street Vacation Gentlemen: Last June 1975 the Tigard City Council denied your street vacation petition as it was insufficient. The City of Tigard is holding in trust $58.99; the balance or money on deposit that has not been spent on legal notices. Prior to returning these funds we are wondering if you intend to submit another petition and pursue the street vacation. 'Please let us know what action you intend to take. Sincerely, boris liar Lig City Recorder Dif'ms +err+' BURTON ENGINEERING November 1p 1977 3944 SE Hawthorne PORTLAND, OREGON 97214 Portions of Manzanita St. to be Vacated That portion of Manzanita Street lying easterly of Beaverton-Tigard Hwy. #217 in the NE 4, SE is Sec. 35s TIS, R1WO W.M. Washington Coe$ Oregon# more particularly described as follows: Beginning at the intersection of the Northeasterly right of way line of Beaverton-Tigard State Hwy. No. 217 and the North line of Manzanita Stre$t as dedicated in the duly recorded plat "Graham Acres"; thence N 89 341 E along the north line and north line extended of said Manzanita Street 780 feet more or less to the easterly line of said Graham Acres; thence S 0° 171 W along said easterly line 50 feet to the South line of said Manzanita Street; thence S 890 341 W along said South line 684.55 feet to the beginning point of a 20 foot radius curve in the North line of lot 24 Graham Acres; thence Southwesterly along the are of a 20 foot radius curve left 17 feet more or less to the intersection with the Northeasterly right of way of said Beaverton Tigard State Hwy. #217; thence Northwesterly along said Northeasterly Hwy. right of way line 100 feet more or less to the potent of beginning. Portions of S.W. Dakota St* to be Vacated That portion of S.W. Dakota Sto lying easterly of Beaverton-Tigard Hwy. No. 217 in the BE 4#SE40 Sec, 35s TlS, R1W$ W.M*s Washington County, Oregon$ more particularly described as follows: Beginning at the intersection of the Northeasterly right of way line of Beaverton-Tigard State Hwy. No. 217 and the North line of S.W. Dakota St. as dedicated in the duly recorded plat "Gl�aham Acres" and as described in deed hook 291, page 2020 Washington Co. deed records; thence along the said North line of S.W. Daketa St. N 890 341 E 212 feet more or less to the Easterly line of said Graham Acres; thence S 00 17t W along the said easterly line and easterly line extended,., 50.00 feet to the south line of said S.W. Dakota St.; thence. along said So th lineS80341W 150- ftmore or less to the said Northeasterly right of way line of said Beaverton-Tigard Hwy. #217; thence Northwesterly -ilong said Northeasterly Hwy. right of way line :;SO feet more or less to the point of beginning. Phone 235.5131 � 3 T Q� N O V M a $ 33 34 35 10 1 ! V 12 v 7977 •� Q 9' 77- q93 r© - � ��s- `,q a9 '�-3 ion 2s' Uzi' �z�' iz� �z� •3' !/aco7cd f�-fio�s w ix 21 20 17 1 6 13 w ��k�hd, D�z� 97274 Able tall O.o/.Qc�rs fl 9 23 25 a ?Q� �? 18 �' 15 14 f/s -stead W Z , R�ID' 23'r /Zl S W - DAKOTA e Deeded Rood voy Deed Book 29/, _ of� vi� (!) 7 1 MEMORANDUM OF AGREEMENT This memorandum of Agreement executed as of the first day of October, 1969, by and between Howard S. Gass and Margaret A. Gass, husband and wife, hereinafter called the "Sellers" and Ronald E. Pollock and Julia Gail Pollock, husband and wife, hereinafter called the "Iiuyers" s WI'I'NISSE'I'II: Holler and Buyer executed an Agreement dated October 1st, 1969, in which the Seller agreed to Sell and the Buyer agreed to purchaseroert situate in the County of Washington, Oregon and State of legally p Y ga y described in Exhibit "A" attached hereto and made a part hereof as though fully incorporated herein. IN WITNESS WHEREOF Howard S. Gass and Margaret A. Gass, husband and wife and Donald E. Pollock and Julia Gail Pollock, husband and wife, have hereunto set their hands and seals the day and year first above written. SELLERS: Howard S. Gass t 7 .+ Margaret, A. GaSs BUYERS: STATEOFOREGONDonald E. Pollock ss. County of Washington f Julia Gail Pollock Personally appeared the within named Howard S. Gass, Margaret A. Gass, Iansband and wire, and Donald E. Pollock and Julia Gail Pollock, husband and wife and acknowledged the foregoing instrument to be their voluntary act and deed. BEFORE 1 ME: Notary Public for Oregon Mx commission expires; May Li, 1972 I�f)(1K "161. PO 161 , . . . C CP 10711 i"..,.i, Tract 1 , 14 portion or i„ortu 1 ao4 O , AOhoO0Uo PAWL aeacribtO 4,4 f0114„143 . iietinnin iit the Northeast curlier of sail Lot 1 and runnieo toeunce West olono the North line of uaid lot , 100 feet to tOt - ortotaot coroer or the treat conveyed to i,4e1ford A. 4. Oewett by deed recordo ti Look 346, page 84 , thence oouth parallel to tht oast Line of said Oats 1 and 2 a distanoe of 312.64 feet to a point on the South line out:. O , thence Z.ast along the South line of .ii O Lot , 100 refa; to t- , OoutOtast corner of 6414 Lot 2; thence OortO alono the 14414 lioe Gt Licata 1 ant 2, a distance or 312. 84 feet to the place of beolno 'tiro , , AceTINo Taii6OPROO that portion cooveyeo to the otate of or0000 otoo4OY ( ,..A.msioli in 'Awl 000A 515, pole 6, Weehlo.. ton '::ounto Otcords. 41 or Late 1. and ' , A;"Ii.H4Ok PAIN, 6asOlooton County , ure6o0) , , AOPTINU TORREPROM the oasterly 100 feet convoyed to 000roe ,. O. • ,114.4tr, et ux , by dei recorded oarch 12, 1954 , in i4)01-. 354 , oaoe lo , oeed Records , and also e400pt that portion cunt ,d to the Late 4:4 jruKon, by and throuon it otate Aioowey Comialsaloo ow aeeo recorOed Aay 4, 1)64, in book 512, pito, 1(0 , Oeeu Hero . iract 4 . oat Seat 130 feet of Lot 17 , Oloci; -0.' , ooiiZ000 ACh- Oh4CT',, 404inGton County, Oreon. r4c4 ;oe at 60 feet and the North 12 feet of Lot 1U , -loco Geo ,) , i.A4-h ACRh TRACTS, Wasoinoton Ooanty , Orezon. vaUtTn./ Jouth one-helf of Lot 13, i. ltlek 0 ' , Ilv;T:6 AC . /7- 'qv° ,iiiccp ington County, Ore000. :1oOCH1 , . , . . . i tract of land in Seetion 13 , )Anahip 1 000tO, lane 1 vilest , , Allooettc oeridian, Washinotoo Cuunty , Dre000, desorioe0 aA follows, otoinnioo oo the South line of salO section, north ii6. 50 ' west 155.2 feet fro , the 3outheast corner of said section, said point acin , tile , 000tOwest corner of that certalo tract conveyed to h. L. A,eson , et o4 , Oy istec.1 recorded in nook 167, pu4c 223 , toeuce ourWI 51j' , elst alono the oouth lin* of said section , 100 feet to the Soutoeaut oornwr oe tOot groat conveyed to Jack, o. :toll . et. Lax, by deed reeor4ed In i:ooK jci , oao 316, thence ourth 10 lug elost alono Auld :,toll -mit liad Lo 1 ooint on the Uortherly lioe of tOat treat desortbaa in ,;.eecl Qoic 211 , 4,a(!e 536, thence oouth /2° 04 ' at alono soid oortOurly lin e to a oolot on the Weat line of sold A. L. 41eaon treat , taeoce srt4th nionp_ Wse ..ieet line or said O. L. kilefion trant 2';. . 1 riet to coltit ill' oeolonine, beini,' parts of ti 03e traCt15 c •:k.41ki Arlin soux XI Rolm June 19 , 1975 MEMO TO: City kecorder City of Tigard FROM: Anderson, Dittman & Anderson SUBJECT: POLLOCK and GRAYSON PETITION TO VACATE PORTIONS OF S . W.-MANZANITA, S. W. 89TH STREET, AND S. W. DAKOTA STREET We have considered your request that we prepare an ordinance with respect to the petition filed by Pollock and Grayson for the vacating of portions of S . W. Manzanita Street, S . W. 89th Street, and S. W. Dakota Street. In this connection we requested the opportunity to review and have reviewed the Petition and Resolution No. 75-25 setting a public hearing for June 23, 1975 . Our review of these proceedings , in the light of the statu- tory requirements, indicates that in the absence of the requisite consent required by ORS 271. 080, the petition to obtain vacation of these tracts is legally insufficient to authorize the consent to grant the petition. We quote the pertinent portion of ORS 271. 080 , which, based on the information available to us , has not received compliance: " (2) There shall be appended to such petition, as a part thereof and as a basis for granting the same, the consent of all abutting property and of not less than two-thirds in area ot the real property affected thereby. The real property af- fected thereby shall be deemed to be the land ly- ing on either side of the street or portion thereof proposed to be vacated and extending laterally to the next street that serves as a parallel street, but in any case not to exceed 200 feet, and.the land for a like lateral distance-6—neither side of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated. Where a street is proposed to be vacated to its termini, the land embraced in an extension of the street for a distance of 400 feet beyond each term- inus shall also be counted. Underscoring supplied. ) In accordance with the foregoing statute , as we construe it, the area "affected thereby" includes all lands lying Southerly of a line drawn parallel to and 200 feet Northerly of Manzanita Street, as well as lands lying within 200 feet Northerly and Southerly of both an Easterly and Westerly extension for 400 feet beyond the Easterly and Westerly termini of Manzanita Street as well as the lands within such extension of the street. , , The same requirement applies with respect to lands within 200 feet Easterly and Westerly of that portion of S. W. 89th Street lying within 400 feet of the terminus of that portion sought to be vacated. Page 2 Memo to City Recorder June 19 , 1975 Similarly, the same problem exists with respect to S . W. Dakota Street. It is our opinion, _therefore , that the petition as filed, being unaccompanied by the consent of the owners of any lands other than those of the petitioners , is legally insufficient to give the Council jurisdiction to conduct the vacating proceedings. { ORS 271. 080 plainly requires that the requisite consent shall be appended to the petition and shall be in writing duly acknowledged before an officer authorized to take acknowledgments of deeds. Attention is invited to ORS '271. 130 as an alternative approach to the problem. P red. A. Anderson FAA:pml Lyy. F, gyp 12th, 411 y.N. . !fey 4 ` 1`T . . City to 169' Publish' May 975)° a': �s'',tarla ,`, AFFIDAVIT OF POSTING In the Matter of the Proposed Vacation of Portions of Three Undeveloped 50 foot wide dedicated public right of ways, in Graham Acres Subdivision in City of Tigard, Washington Shu ty l Oregon--------__— ---- ---- ---- - STATE OF OREGON j County of Washington ) ss. City of Tigard ) I , Leonard V. Cook- _— A being first duly sworn, on oath depose and say: That I posted in the following public and conspicuous places within the City, a copy of Notice of Public Hearing of the Street Vacation a copy of said notice being hereto attached and by reference made a Part hereof, on the ___Z"hday of 1975. S.W. 89th 1. Posted on P.G.E. power pole, map Cll-35D, pole #6733 , located near the N.W. corner of the proposed street vacation area. 2. Posted on a tree near the N.E. corner of the proposed street vacation area. S.W. Manzanita . Posted on a tree along the north line, near the west corner, of the proposed vacation area. 2. Posted on a tree along the south line, near the W.corner, of the proposed vacation area. 3. Posted on a tree along the N.line, near the E. corner, of the proposed vacation area. 4. Posted on a white post along the S. line, near the E. corner, of the proposed street vacation area. S.W. Dakota St. 1. Posted on a tree along the E.boundary, near the centerline of the proposed street vacation area. 2. Posted on a tree along the S. boundary, near the W. corner, of the proposed street vacation area. 3. Posted on a tree along the S. boundary, near the E. corner of the proposed vacation area. 'Di Subscribed and sworn to before me tiis 9th day of May 1375. Notary Publ c for Or on MY Commission Expir 2Z9/7 9 Affidavit of Posting wrrr �, NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF DEDICATED PORTIONS OF THREE UNDEVELOPED 50 FOOT WIDE PUBLIC RIGHT-OF-WAYS IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution of the City Council of Tigard adopted May 12 , 1975 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, June 23 , 1975 at Fowler Jr. High School Lecture Room, 10865 S. W. Walnut Street, Tigard, Oregon, with respect to the proposed vacation of the following described dedicated portions of undeveloped 50 foot wide public right-of—ways, being S. W. 89th Avenue, S. W. Manzanita Street, and S. W. Dakota Street, in the City of Tigard, Washington County, Oregon. S. W. Manzanita Street: That portion of S. W. Manzanita Street lying adjacent to and south of Lots 10, 11, 12, 33, 34, and 35, Graham Acres, and adjacent to and north of Lots 13, 16, 17, 20, 21, and 24, Graham Acres, all in Section 35, T 1S, R 1W, Washington County, Oregon. S. W. 89th Avenue: That portion of S. W. 89th Avenue lying north of S. W. Manzanita Street, and lying adjacent to and between Lots 10 and 35, Graham Acres, Section 35, T 1S, R 1W, Washington County, Oregon. S. W. Dakota Street: That portion of S. W. Dakota Street lying easterly of the Beaverton-Tigard Highway, which is adjacent to and immediately south of Lots 14 and 15, Graham Acres, Section 35, T 1S, R 1W, Washington County, Oregon. Any objections or remonstrances against said proposal to vacate said area 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 12 day of May 1975. Doris Hartig, City Recorder TT Publish May 22, 29; June 5, 12, 19, 1975 i r BEFORE THE CITY OF TIGARD, OREGONa C.Ei V E In the Matter of the Vacation of Portions of S. W. Manzanita ) Street, S. W. 89th Avenue, and ) CITE' OF TIGARD S. W. Dakota Street in Section 35, ) T 1S, R 1W, W. M. , ) STREET VACATION PETITION Washington County, ) Tigard, OREGON ) i Come now Donald Pollock and Larry Grayson and petition the City of Tigard, Oregon, to vacate thoseportions of S. W. Manzanita Street, S. W. 89th Avenue, and S. W. Dakota Street, more particularly hereinafter described, and respectfully shown: ! 1. S. W. Manzanita Street: That portion of S. W. Manzanita Street lying adjacent to and south of Lots 10, 11, 12, 33, 34, and 35, Graham Acres, and adjacent to and north of Lots 13, 16, 17, 20, 21, and 24, Graham Acres, all in Section 3J', T 1S, R 1W, Washington County, Oregon. S. W. 89th Avenue: That portion of S. W. 89th Avenue lying north of S. W. Manzanita Street, and lying adjacent to and between Lots 10 and 35, Graham Acres, Section 35, T 1S, R 1W, Washington County, Oregon. S. W. Dakota Street: That portion of S. W. Dakota Street lying easterly of the Beaverton-Tigard Highway, which is adjacent to and immediately south of Lots 14 i and 15, Graham Acres, Section 3,F, T 1S, R 1W, Washington County, Oregon. II. That your petitioners are the'sole owners of said Lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 24, 31, 32, 33, 34, and 35, Graham Acres, Section 35, T 1S, i i I R 1W, W. M. , Washington County, Oregon, together with certain portions of acquired remainders from the Oregon State Highway Department abutting the easterly side of the i Y Beaverton-Tigard Highway and adjacent to the aforementioned lots; That Donald Pollock and Larry Grayson are the owners of all the land shown upon the records within the above mentioned lots in Graham Acres and the remainders purchased from the Oregon State Highway Department, and that the petitioners are the only persons or corporations particularly affected by the proposed vacation of said S. W. Manzanita Street, S. W. 89th Avenue, and S. W. Dakota Street in the above described areas. zI2. i That the portions of the roadways proposed to be vacated above are all situated within the corporate city limits of the City of Tigard, Oregon; t i IV. That the particular circumstances that justify granting a vacation of the said described dedicated, unimproved rights-of-way are to enable development of the property for on-hundred nine (109) garden apartments, with access to be provided from Lot 10, Block 0, Metzger Acre Tracts, fronting on S. W. Hall Boulevard. This vacation is sought in conjunction with a pending zone change to A-2 to allow development of this j 9.05 acre parcel to apartment use. t WHEREFORE, your petitioners pray that after the giving of notice as required by law, a hearing be had upon this petition before the City of Tigard, Oregon, and that an order be entered herein, vacating that portion of S. W. Manzanita Street, S. W. 89th 1 Avenue, and S. W. Dakota Street, more particularly described hereinabove. DATED this 4/ day of� , 1975. TITIONER PE I ION Ralph W. Younger Consultant for Petitioners YOUNGER & NEU 1438 Georgia-Pacific Building Portland, Oregon 97204 STATE OF OREGON, ) ss County of Washington ) On this_day of 1975, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Donald Pollock and Larry Grayson, known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY 111IEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public for Oregon My commission expires: S 2S t. E {