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VAC1982-00002 NOTE TO FILE: COUNCIL ACTION ON KILLIAN STREET VACATION FROM OCTOBER 1982 10/25/82 - Continue Public Hearing to 11/22/82 11/22/82 - Continue Public Hearing to 1/10/83 1/10/83 - Not on Agenda, no action in minutes CITY OF TIGARD, OREGON RESOLUTION NO. 82 -A 7 A RESOLUTION OF THE TIGARD CITY COUNCIL AMENDING RESOLUTION NO. 82-80 CALLING FOR A STREET VACATION PUBLIC HEARING FOR 72ND AVENUE. (Killian Property) . WHEREAS, the Tigard City Council has determined that it is necessary to hold a public hearing to vacate a portion of SW 72nd Avenue; and WHEREAS, Resolution No. 82-80 must be amended to change the date of the public hearing for this issue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIGARD AS FOLLOWS: Section 1. That Section 1 of Resolution No. 82-80 be amended by changing the date of the public hearing from September 13, 1982 to October 25, 1982. Section 2. That Section 2 of Resolution No. 82-80 be amended by changing the date of the first publication of notice of public hearing to September 23, 1982 and that it shall be published once each week thereafter for five publishings in all. Section 3. That Exhibit "B" "Notice of Street Vacation Public Hearing" shall be changed to reflect the hearing date of October 25, 1982. PASSED: By Council on the 13th day of September, 1982. Mayor - City of Tigard ATTEST: Recorder - City of Ti (7�" RESOLUTION NO. 82- 167 '°�✓ vtri�r+ ( 28. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under item 1.3 will be discussed at this time. All persons are encouraged to contact the City Administrator prior to the meeting. 28.1 BONITA FIRS DEDICATIONS: (a) Director of Public Works recommended approval. (b) Motion by Councilor Scheckla, seconded by Councilor Brian to accept. Approved by unanimous vote of Council. 28.2 RESOLUTION- NO. 82-107 A RESOLUTION OF THE TIGARD CITY COUNCIL AMENDING RESOLUTION NO. 82-80 CALLING FOR A STREET VACATION PUBLIC HEARING FOR 72ND AVENUE (Killian Property). (a) Director of Public Works stated this was a housekeeping item and recommended approval. (b) Motion by Councilor Cook, seconded by Councilor Stimler to approve. Approved by unaniw-Nus vo_te___of Council. RECESS REGULAR MEETING: 10:20 P.M. 29. EXECUTIVE SESSION: The Tigard City Council went into Executive Session under OxS 192.660 (1)(f) and (1)(e) to consider pending litigation issues and real property transactions. RECONVENE REGULAR MEETING: 10:53 P.M. 30. WATER STUDY REPORT (a) Councilor Stimler bsve brief report on the status of the Water Study Committee and stated that they were still in the process of hearing testimony and reading background information. 31. ADJOURNMENT: 10:58 P.M. Doris Hartig, City Recorder ,.4- ATTEST: Wilbur Bishop, Mayor PAGE 8 - COUNCIL MINUTES - SEPTEMBER 13, 1982 CITY OF TIGARD, OREGON RESOLUTION NO. 82- "(-- • '�A RESOLUTION CONCERNING VACATION OF PORTIONS OF S .W. 72ND AVENUE, A DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON WHEREAS, the area described on the attached sheet headed "Exhibit A" and by this reference made a part hereof, is an undeveloped unused portion of street dedicated to the public for highway purposes; and WHEREAS, the area described on said Exhibit "A" lies within the corporate boundaries of the City of Tigard, Oregon; and WHEREAS, said described area does not serve a public highway purpose and is so situated as to be of no usefulness now or in the future as part of the public street system of the City; and WHEREAS, the party which will accrue property by virtue of the vacation is dedicating, at less than appraised cost, to the City of Tigard another right-of-way parcel necessary in the completion of L.I.D. 21 - S.W. 72nd Avenue Street Improvement; and WHEREAS , it appears to be in the public interest that the said area be vacated and restored to the tax rolls and made available for development and use; and WHEREAS, pursuant to ORS 271 . 130 the City Council may initiate vacation proceedings as authorized by ORS Chapter 271 ; NOW, THEREFORE, BE IT RESOLVED by the City Council of Tigard as follows: 1 . That the public hearing is hereby called to be held by the City Council of Tigard on Monday, Sept. 13 , 1982 , at Fowler Junior High School Lecture Room, 10865 S .W. Walnut Street, within the City of Tigard, beginning at 7: 30 p.m. , at which time and place the Council shall hear any objections to the proposed vacation so that any interested person may appear and be heard for or against the proposed vacating of said lands. 2. That the City Recorder be, and she is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached as Exhibit "B" and by this reference made a part hereof, the first publication to be made on the 12th day of August, 1982, and once each week thereafter for four publishings in all . George H. Killian RESOLUTION No. 82-_20_ Page 1 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 as Exhibit "B" in at least two (2) conspicuous places within the area proposed to be vacated, all of said postings to be accomplished within the time herein stated. 3. That the particular portion of dedicated street proposed to be vacated is described on the attached sheet headed Exhibit "A" and by this reference made a part hereof. 4. That the vacation ordinance shall not be effective until such time as the other right-of-way under the control of George H. Killian, and necessary for the improvement of the 72nd Avenue project, is acquired by the City of Tigard. PASSED: By Council on the 26th day of July, 1982 . Mayor - City of Tigard ATTEST: ,o Recorder - City of Vigard RESOLUTION NO. 82- ` o Page 2 b EXHIBIT "A" Two parcels of land more particularly described as follows: Parcel I: Being a portion of S .W. Upper Boones Ferry Road also being that portion of the tract (described in Fee No. 78-28456 as Exhibit B-2) dedicated to the public (City of Tigard) , in the northwest 4 of the northeast 4 of Section 13 , T. 2S. , R. 1W. , W.M. , City of Tigard, Washington County Oregon more particularly described as being that portion of said Exhibit B-2, Fee No. 78-28456 that lies northwesterly of a line that is northwesterly 30 feet at right angles and parallel to the following described centerline: Beginning at a point of curve in the existing centerline of County Road A-138 that is S 89105104" E 26 . 910 feet and S 48041142" W 214 . 478 feet from the recognized East 1/16 corner on the line between said Sections 12 and 13, said 1/16 corner being shown as Point No. 289 on Washington County Survey No. 19 , 127; thence tracing the centerline northeasterly along a 450 foot radius curve to the left through a central angle of 49103 ' 18" 385 . 277 feet (long chord bears N 24010103" E 373 .62 feet) to a point of tangency and the end of the foregoing described centerline, said ending point lies N 89143 ' 04" E 20 . 00 feet and N 0021 ' 36" W 198 . 78 feet from the previously said 1/16 corner (Point No. 289) . Contains 571 square feet more or less. Parcel II: Being a portion of S.W. 72nd Avenue also being that portion of the tract (described in Fee No. 78-28456 as Exhibit B-1) dedicated to the public (City of Tigard) , in the southwest 4 of the southeast 4 of Section 12, T. 2S . , R1W. , W.M. , City of Tigard, Washington County, Oregon more particularly described as being that portion of said Exhibit B-1 , Fee No. 78-28456 that lies westerly of a line that is westerly 30 feet at right angles and parallel to the following described centerline: Beginning at a point of curve in the existing centerline of County Road A-138 that is S 89105 ' 04" E 26 . 910 feet and S 48041 ' 42" W 214 . 478 feet from the recognized East 1/16 corner on the line between said Sections 12 and 13 , said 1/16 corner being shown as Point No. 289 on Washington County Survey No. 19 , 127; thence tracing the centerline northeasterly along a 450 foot radius curve to the left through a central angle of 49003 ' 18" 385. 277 feet (long chord bears N 24010 ' 03" E 373 . 62 feet) to a point of tangency; thence N 0021 ' 36" W 2447 . 58 feet to a point and the end of the foregoing described centerline, said ending point lies N 89140 ' 44" E 20 . 00 feet from an iron pipe with a brass cap at the recognized 1/16 corner, said 1/16 corner shown as Point "P" on County Survey No. 13 , 247 . Contains 946 Square feet more or less. RESOLUTION No. 82- 80 EXHIBIT "A" wnr' vwyW EXHIBIT "B" NOTICE OF STREET VACATION PUBLIC HEARING RELATING TO PORTIONS OF S .W. 72ND AVENUE, A DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to Resolution No. 82- 80 of the City Council of Tigard, adopted July 26 , 1982, under authority of ORS 271 . 130 , a public hearing will be held by the Council of Tigard at 7 : 30 p.m. on Monday, Sept. 13, 1982 , at Fowler Junior High School , Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon, with respect to the proposed vacation of the following described portions of S .W. 72nd Avenue, a dedicated public right-of-way in the City of Tigard, Washington County, Oregon. Two parcels of land more particularly described as follows: Parcel I: Being a portion of S.W. Upper Boones Ferry Road also being that portion of the tract (described in Fee No. 78-28456 as Exhibit B-2) dedicated to the public (City of Tigard) , in the northwest 4 of the northeast 4 of Section 13 , T. 2S . , R. 1W. , W.M. , City of Tigard, Washington County, Oregon more particularly described as being that portion of said Exhibit B-2 , Fee No. 78-28456 that lies northwesterly of a line that is northwesterly 30 feet at right angles and parallel to the following described centerline: Beginning at a point of curve in the existing centerline of County Road A-138 that is S 89105 ' 04" E 26 . 910 feet and S 48141142" W 214 . 478 feet from the recognized East 1/16 corner on the line between said Sections 12 and 13 , said 1/16 corner being shown as Point No. 289 on Washington County Survey No. 19 , 127; thence tracing the centerline northeasterly along a 450 foot radius curve to the left through a central angle of 49103 ' 18" 385. 277 feet (long chord bears N 24°10103" E 373 . 62 feet) to a point of tangency and the end of the foregoing described centerline, said ending point lies N 89°43 ' 04" E 20 . 00 feet and N 0021136" W 198 . 78 feet from the previously said 1/16 corner (Point No. 289) . Contains 571 square feet more or less. Parcel II: Being a portion of S .W. 72nd Avenue also being that portion of the tract (described in Fee No. 78-28456 as Exhibit B-1) dedicated to the public (City of Tigard) , in the southwest 4 of the southeast 4 of Section 12 , T. 2S. , R. 1W. , W.M. , City of Tigard, Washington County, Oregon more particularly described as being that portion of said Exhibit B-1 , Fee No. 78-28456 that lies westerly of a line that is westerly 30 feet at right angles and parallel to the following described centerline: RESOLUTION No. 82-80 EXHIBIT "B" - 1 Beginning at a point of curve in the existing centerline of County Road A-138 that is S 89005 ' 04" E 26 . 910 feet and S 48041142" W 214. 478 feet from the recognized East 1/16 corner on the line between said Sections 12 and 13 , said 1/16 corner being shown as Point No. 289 on Washington County Survey No. 19 , 127; thence tracing the centerline northeasterly along a 450 foot radius curve to the left through a central angle of 49003118" 385. 277 feet (long chord bears N 24110 ' 03" E 373 . 62 feet) to a point of tangency; thence N 0021136" W 2447 .58 feet to a point and the end of the foregoing described centerline, said ending point lies N 89040144" E 20 .00 feet from an iron pipe with a brass cap at the recognized 1/16 corner, said 1/16 corner shown as Point "P" on County Survey No. 13 ,247 . Contains 946 square feet more or less. Any objections or remonstrances against said proposal to vacate said areas may be made in writing and filed with the City Recorder prior to the date of the hearing and all objections filed prior to the date of hearing will be heard and considered, and any person having an interest in the proposal may likewise verbally be heard at said time and place. By Order of the City Council of Tigard, this 26th day of July, 1982 . Doris Hartig City Recorder TT Publish July 29 , and August 5, 12 , 19 , 1982 RESOLUTION No. 82- 80 EXHIBIT "B" - 2 'low ~ 1 N __ ;E>Chibi f A 0 v � c 0 1 U Aper Boones Ferry Road Additional Right of Way c N 40 PT + 58.4 4 - - - - - - - r Lr/ i 1 1 1 1 _ 1 Assessment Ident. No. : 46b-46c I Tax Lot No. : 800-900 Tax Map No. : 2S-1-12DC Deed Reference: Fee No. 79.043350 30 s Fee No. 79.043351 ;a Owner: 6 o�-ye ko `_'' 00 P�l � Additiunul Kight of Way containsM o No th 2480 square feet more or less . -� Z Scale: 1"=50' Center Line 1 Date: 9/17/ 1 Curve D$ta Y i = 49 03' 18" Ur1 ' Y9Yourd �.-tic:. Rad = 450.00 Arc = 385.277 �,. 20 � 6 51 2 � PI 1 I .P. K7`V l; !r✓ W/Washington Count Monument. Point of Qeginnin of County Road No.922 Proposed Center Q� •Qg' M Recognized East Line Intersection r coati 0 1/16th corner 25 + 63.08 Boone Fear Rd. a� Z (CS 19,127 35 + 22.238 72nd Ave. '� „ Pt. No. 189) . � � x � � /D .57', �. Lo O 6p !� r o •�oa,�g � Jy '� ti 5 moa Qel�Lo� 20 �Q 40 It iM & AM.111TLS, 111C, RIGHT OF WAY AmuISITION11AP U TE 445-AGC CENIERt 9450 SY C94-ERCE CIRCLE LID NC, 21 W; SONVILLE, OREGGI� 9,7070 CITY OF TiGARD (503) 682-2450 r: i , 00 1ns u