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VAC1964-00001 ElEmniimomEka .„:l„ GENERAL OFFICES • BOISE, IDAHO 83701 P.O. BOX 20 • 1610 STATE • PHONE 344.7441 May 19, 1964 Frederick A. Anderson, Esq. P. O. Box 6406 Tigard, Oregon 97223 RE: Tigard, Oregon proposed location Dear Mr. Anderson: Reference your May 6, 1964 correspondence. Enclosed find our check in the amount of $18.40 payable to the City of Tigard. Please deliver the same to the City of Tigard. Very truly yours, ALBERTSONIS, INC. Larry Kiang Real Estate Representative ma Enclosure March 26, 1964 Dear Fred: In connection with your note regarding the Albertan Street Vacation: As you may recall there was deposited with the City the amount of $50.00. I am listing below the expenditures [I from which you will note $18.40 is due and owing the City. Tigard Times invoice December 5, 1963 notice of Street Vacation--public hearing--published November 7, 14, 21, 28 and December 5, 1963-- $25.90 The following items have been abstracted from your various invoices to the City. September 5th $ 7.50 - September 13th $ 4.50 September 25th $ 5.00 October 14th $15.00 October 24th $10. $68.40 RVS:dh TIGARDawe CITY COUNCIL MINUTES OF MEETING DECEMBER 9, 1963 Present:Mayor E. A. Woodard; Councilmen F. J. Cooper; F. H. Bergmann; N. E. Johnson; C. E. Klock, Sr. and Attorney F. A. Anderson. Mayor Woodard called the meeting to order at 7:30 P. M. and requested reading of the Minutes of the November 11, 1963 meeting. These Minutes were then read and upon call for corrections or ommissions, none being offered, Mayor Woodard declared the Minutes approved as read. The regular meeting scheduled for November 25, 1963, was postponed. Mayor Woodard called for the reading of the Minutes of the meeting of December 4, 1963 which were then read and upon call for corrections or ommissions, none being offered, the Minutes were ordered approved as read. The question of additional telephone facilities for the City Hall was discussed and at the conclusion of the discussion, Councilman Klock moved to table this matter until further study could be made and more concrete knowledge obtained as to when and how this can be arranged. Motion seconded by Councilman Bergmann and upon call for vote was unanimously approved by Council. Mayor Woodard then brought up the question of janitorial service for City Hall and after a short discussion Councilman Bergmann moved that we accept the bid of the Expert Window Cleaners at $24.50 per month. Motion seconded by Councilman Johnson and upon call for vote was unanimously approved by Council. Mayor Woodard brought before Council the application for renewal of subscription to Pacific Northwest Pollution Control Federation. Councilman Cooper: I move we renew this subscription to the Pollution Control Federation. Motion seconded by Councilman Johnson and upon call for vote was unanimously approved by Council. Councilman Bergmann brought up the question of parking in the vicinity of Highway 99W and Highway #217 and it was decided Councilman Johnson should write the State Highway Department to the effect the City is interested in establishing "No-Parking" areas at the corners of 99W and Highway 217. Mayor Woodard: We are ready for the hearing on the Warner Street vacation proceedings; is there any one in the audience that has anything to bring before Council on this matter. (No one entered an appearance on this matter.) Attorney Anderson thereupon suggested Council could give them assurance to the effect you would approve an Ordinance effecting that in the event they should exercise their options. You conditionally approve their Petition and will enact an Ordinance as soon as the City is assured that they are the owners. 12-9-63 - Page 1. rime L.... Councilman Klock: I would make a motion in that respect, that we are in favor and will vacate the road upon legal proof of Albertson's purchasing the properties. Motion seconded by Councilman Johnson. Upon call for vote, the motion was unanimously approved by Council. The Minutes shall show that Attorney Anderson is to write Albertson's accordingly. Mayor Woodard: Councilman Bergmann, do you have anything to report? Councilman Bergmann: I had a letter given to me regarding applications for the Police Department and I was under the impression it was perfectly all right for them to be in the police files and that is where they are and will stay since they are City files. Councilman Cooper: About the only thing I have to report is the coming meeting Thursday night of the Library Board. Mayor Woodard: The Library Board is in need of shelving; I would ask you please to look into this matter. Mrs. Woodward was appointed for a one year term on the Library Board which is running out December 31st, I would like to re-appoint her for another term. Councilman Johnson: I move we appoint Mrs. Woodwardlto the Library Board. Motion seconded by Councilman Bergmann and unanimously approved by Council. Councilman Johnson: I have bids from Owen Snyder for the flare work on Greenburg Road; the work on McKenzie Street and repairing the hole on Walnut Street; the work on Greenburg Road is quoted at $460.55, McKenzie Avenue at $99.00 and Walnut Street $10.00; I would move that we accept these bids and allow the work to be done for a total of $579.55 less $10.00 for the sunken sewer on S. W. 90th or $569.55. Motion seconded by Councilman Bergmann and upon call for vote was unanimously approved by Council, all members present. There was general discussion between Councilman Klock, Attorney Anderson and some of the Council members regarding moving property into the City limits; which question was suggested should be brought up at the next Planning and Zoning Commission meeting. Councilman Klockbrought before Council some suggestions he had with respect to regulations for employees which are to be worked into procedure form with Attorney Anderson and submitted to Council at a later date. Mayor Woodard then advised Council of the proposal for the Ash Street sewer to Jim Willock's property and the suggested cost, method of construction, length of the line and other details indicating this sewer line could be available August 1st and that Mr. Willock needs a letter from Council to the effect of the possible available date and requested permission from Council to advise him of the proposed date of, August 1st. Council agreed to the writing of such letter.) (By consent 12-9-63 - Page 2. November 15, 1963 Mr. F. A. Anderson Attorney-at-Law P. 0. Box 6406 Tigard, Oregon Dear Mr. Anderson: ALBERTSON'S, INC. - WARNER AVE. VACATION NOTICE. I:: The first publication containing , the information with respect to the above natter appeared in the November 7th issue of the Tigard Times. [I To. conform with the "Procedure, Estreat Vacation" as outlined in your letter to the Mayor and City Council, dated October 24th, 1963, notices were posted November 12, 1963 at approximately 2:45 P. M. at the following locations: 4,, One on the east side of Highway *217, on a telephehe ^ pole, within the proposed area of construction for which the Zone Change was granted. One on a fence post on the northeastern extension of Warner Avenue, within the proposed area of construction. for which the Zone Change was granted. One on the corner of the apartment house preeently on the property, being the northeasterly section of the proposed area for which the Zone Change was granted,. One on a light pole close to the southeastern'lea of Warner Avenue within the area for which the Zone Change %Mks granted. onn :i* h has hesn,_placed for public inspection at the First National and U. 8. National Banks in Tigard, as we1I' as on the bulletin board of the P. 0. E. on S. M. Main Street. On the attfched copy of nap of the area covered by the Zone Change, which may not be properly scaled, you will note the recd "X" marks as indicative of the approximate location of the, placement of the Notices of Vacation and scheduling of the Hearing ' r'e` ttiw--e*ty Council on December 9th, 1963. Very truly yours, CITY OF TIGARD nitcmunrR. 1 FREDERICK A. ANDERSON ATTORNEY AT LAW 12035 S. W. PACIFIC HIGHWAY P. 0. BOX 6406. TIGARD. OREGON A 1 1< -__ MERCURY 9-1121 01:1 October 24, 1963 NENORANDUN To THE MAYOR AND CITY COUNCIL Tigard Oregon Reg Procedure Street Vacation Gentlemen: The petition entered with the city by Albertson's, Inc. , seeking to vacate a portion of S. W. Warner Avenue, appears now to be in proper legal form and accomanied by the requisite consent of property owners in the vicinity to fulfill the str.- tutory requirements. The additional steps required are listed as follows: VI. A motion should be passed at a meeting of the council setting a time for hearing of the petition. 11/ 2. The city recorder shall give notice of the petition and hearing by publishing a notice in the Tig.:rd Times once each week for four consecutive weeks, or five publishing s in all. The I:) notices shall describe the ground covered by the petition, give the date it was filed, the name of at least one of the petitioners, and the date when the petition and any objections or remonstrances which may be made in writing and filed with the recording officer rior to the date of the hearing, will be heard and considered. (A form of notice is attached.) 3. Within five days after the first day of publication 7 of the notice, the recorder shall post at or near the end of the area proposed to be vmcated, a copy of the notice, and the notice shall be posted in at least two additional conspicuous places within the proposed area. The postings and first publication must be not less than twenty-eight days before the hearing. 4. The applicant must deposit funds wherewith to defray the cost of publishing, posting and other anticipated expenses. (Herewith check from Albertson's estinated to be sufficient for this purpose.) The sum so paid shall be held until the actual cost has been ascertained, when the amount of the cost shall be deposited in the city treasury, and any surplus refunded to tha petitioner, or any deficiency collected. To the Mayor and City Council - 2 - October 24, 1963 5a At the time fixed for the hearing, the petition and any objections filed thereto shall be heard, and the council shall determine whether the consent of the required owners has been obtained, whether notice has been duly given, and whether the public interest will be adversely affected by the vacation of the area sought. If the council determines that ell requirements have been met and that the petition should be granted, an ordinance declaring such determination and vacating such street shall be enacted. 6. On the other hand, the city council shall deny the . petition if it does not meet the requirements of law, or if it is prejudicial to the public interest; or it may be allowed on conditions or in part only. 7 A certified copy of the ordinance vacating any street shall be filed for recording with the County Clerk, and the petitioner shall bear the expense of preparing and filing the certified copy of the ordinance and an accompanying map, and a certified copy of such ordinance shall, be filed with the County Assessor and County Surveyor. Very truly yours, Fred. A. Anderson FM:dw Enclosure It'ld-M% 1411 )/ 4 LL --)14-t-tt'Eu fiA,4 3 4-t ' hht- a4/ /2A/763 _ P/tat. , tnei 1i/' - g —141ra col;t6i 46' ,f(( 3 - alatJ4- 1 BEFORE THE CITY COMMISSION FOR THE CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON In the matter of the Vacation of a portion of S. W. Warner Avenue ) in the Hoffarber Tracts, a record- ) PETITION ed plat in the City of Tigard, ) County of Clackamas, State of Oregon. COMES NOW petitioner, ALBERTSON'S INC. , a Nevada Corporation by its attorney Larry F. Klang and petitions the City of Tigard as follows: I That petitioner desires the vacation of the following portion of S. W. Warner Avenue in the Hoffarber Tracts a recorded plat in the City of Tigard, County of Washington, State of Oregon, to-wit:. 50' Vacation of Warner Avenue adjacent to Lots 23, 26, 37 & 38. Beginning at the most southerly corner of lot 38 Hoffarber Tracts in Section 35 T. 1 S. , R. 1 W. , W. M. , Washington County, Oregon; thence northwesterly along the westerly line of lots 38 & 37 a distance of 200. 00 feet to the most westerly corner of lot 37; thence southwesterly along the southerly line of lot 27 a dis- tance of 50. 00 feet to the most northeasterly corner of lot 26; thence southeasterly along the easterly line of said lots 26 & 23 a distance of 200. 00 feet to the most easterly corner of lot 23; thence northeasterly 50. 00 feet to the point of beginning. II That at all times herein mentioned, petitioner holds options on all of the land abutting on each side of the above described portion of S. W. Warner Ave- nue that petitioner desires to be vacated. III That all of the owners of the abutting land have heretofore executed a written consent to said vacation. 'Aire. 4440., IV That the purpose of said vacation is to allow the construction of certain commercial improvements thereon and adjacent thereto. V That the fee simple title to the above described portion of S. W. Warner Avenue be vested in Albertson's Inc. , a Nevada Corporation. VI That said S. W. Warner Avenue is a dead-end street, that the portion thereof that petitioner desires to be vacated is unimproved and that said S. W. Warner Avenue is not travelled by the public and the remainder of said S. W. Warner Avenue is presently being used as access by some of the adjoining land- owners who have all consented to said vacation, but will not be so used after the conveyance of said abutting land to Albertson's Inc. WHEREFORE, petitioner prays for an order vacating said street and vesting the fee simple title therein in Albertson's Inc. , a Nevada Corporation. I ,r. /j ,� Larry . Klan Attorn y for the petitioner STATE OF OREGON ) / ) ss. County of /4- D.��:t�r.,bt.R. 4_,_ ) I, Larry F. Klang, being first duly sworn, on oath depose and say: that I am an attorney for Albertson's Inc. and that the facts contained in said petition are true as I verily believe. • { Subscribed and. sworn before me this // day of r��, ,..4-1,4,1-�t-4c,-�, 1963. Notary PublA for Oregon My commission expires: CONSENT TO: The Honorable City Commission of the City of Tigard, County of Wash- ington, State of Oregon. The Undersigned Edward C. Warner and Ethel M. Warner, husband and wife, hereby consent to the vacation of that portion of S.W. Warner Avenue more particularly described as follows: 50' Vacation of Warner Avenue adjacent to Lots 23, 26, 37 & 38. Beginning at the most southerly corner of lot 38 Hoffarber Tracts in Section 35T. 1 S., R. 1 W., W. M., Washington County, Oregon; thence northwesterly along the westerly line of lots 38 & 37 a distance of 200.00 feet to the most westerly corner of lot 37; thence southwesterly along the southerly line of lot 27 a distance of 50.00 feet to the most northeasterly corner of lot 26; thence southeasterly along the easterly line of said lots 26 & 23 a distance of 200.00 feet to the most easterly corner of lot 23; thence northeasterly 50.00 feet to the point of beginning. Edward C. Warner eafi e Z./(//a4-1,1-61/Le; Ethel M. Warner OWNER'S ACKNOWLEDGEMENT STATE OF / ' ,'t✓ )SS County of, .-� .� On this tri •ay of 41� , 194.=>3, before me, the undersigned,s. a Notary Public in and for said county and state personally appeared Edward C. Warner and Ethel M. Warner, known to me to be the persons who executed the above and foregoing instrument, and said persons acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official the day, month and year in this certificate first above written. _ r 7" 7r Notary Pabl c in and for the State of: Residing at: '� �•`�'�; �= ify commission expires: ,'- 6 _, New CONSENT TO: The Honorable City Commission of the City of Tigard, County of Wash- ington, State of Oregon. The Undersigned George L. Rider and Clara B. Rider, hus- band and wife, and George H. Buck and Helen R. Buck, husband and wife, hereby consent to the vacation of that portion of S. W. Warner Avenue more particularly described as follows: 50' Vacation of Warner Avenue adjacent to Lots 23, 26, 37 & 38. Beginning at the most southerly corner of lot 38 Hoffarber Tracts in Section 35 T. 1 S. , R. 1 W. , W. M. , Washington County, Oregon; thence northwesterly along the westerly line of lots 38 &37 a distance of 200. 00 feet to the most westerly corner of lot 37; thence southwesterly along the southerly line of lot 27 a distance of 50. 00 feet to the most northeasterly corner of lot 26; thence southeasterly along the easterly line of said lots 26 & 23 a distance of 200. 00 feet to the most easterly corner of lot 23; thence northeasterly 50. 00 feet to thepoint of beginning-, George L. Rider Clara B. Rider ( , G-Oorgg'g'g'e111H. Buck t {4 / �� ,`l f, Helen R. Buck OWNER'S ACKNOWLEDGEMENT STATE OFl � -C ) SS. County of L.-;- ) 1 On this ft fda of � ,, , 19 '> before me, the undersigned, a Notary Public in and for said county and state personally appeared George L. Rider and Clara B. Rider, known to me to be the persons who executed the above and foregoing instrument, and said persons acknowledged to me that they execut- ed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my of- ficial seal the day, month and year in this certificate firstove written. Nota y I c in an for tie tate of: Ce-1---e- - esiding at:% - f' _ � y My commissio7 expires: l' OWNER'S ACKNOWLEDGEMENT • STATE OF SS. County of / <'. On this/7\ day of ? , , 196:' before me, the undersigned, a Notary Public in and for said county and state personally appeared George H. Buck and Helen R. Buck, known to me to be the persons who executed the above and foregoing instrument, and said persons acknowledged to me that they execut- ed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my of- ficial seal the day, month and year in this cext icate first a—Dove written. Notar . _' .c in and for the S .to of: C� a siding at: My commission expires: -,/';'- G_5 l CONSENT TO: The Honorable City Commission of the City of Tigard, County of Wash- ington, State of Oregon. The Undersigned Hilda May Schamoni - aka Hilda May Pryor, a single woman, hereby consents to the vacation of that portion of S. W. Warner Avenue more particularly described as follows: 50' Vacation of Warner Avenue adjacent to Lots 23, 26, 37 & 38. Beginning at the most southerly corner of lot 38 Hoffarber Tracts in Section 35 T. 1 S. , R. 1 W. , W. M. , Washington County, Oregon; thence northwesterly along the westerly line of lots 38 & 37 a distance of 200. 00 feet to the most westerly corner of lot 37; thence southwesterly along the southerly line of lot 27 a distance of 50. 00 feet to the most northeasterly corner of lot 26; thence southeasterly along the easterly line of said lots 26 & 23 a distance of 200. 00 feet to the most easterly corner of lot 23; thence northeasterly 50. 00 feet to the point of beginning. HillMay Schamoni f)L� y f 77/:=)77,-7 • aka Hila May yor OWNER'S ACKNOWLEDGEMENT STATE OF ��•;,��; y County ofo SS. -ri • On this / ' day of_ c� ," � c �- , 19 before me, the undersigned, a Notary Public in and for said county and state personally appeared Hilda May Schamoni - aka Hilda May Pryor, a single woman, known to me to be the person who executed the above and foregoing instrument, and said person acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my of- ficial seal the day, month and year in this certificate first above written. l'`r ^- .4.7t/wN „ ,_.. 7 � » Motary Pub'iic in and for the State y4�'4 Residing at• 4*-11 . , Y a�.__ } My commission expires. s' CONSENT TO: The Honorable City Commission of the City of Tigard, County of Washington, State of Oregon. The Undersigned� � , .; ;. , �� , husband and wife, hereby consent to the vacation of that portion of S. W. Warner Avenue more particularly described as follows: 50' Vacation of Warner Avenue adjacent to Lots 230 26, 37 & 38. Beginning at the most southerly corner of lot 38 Hoffarber Tracts in Section 35 T. 1 S., R. 1 W., W. M., Washington County, Oregon; thence northwesterly along the westerly line of lots 38 & 37 a distance of 200.00 feet to the most westerly corner of lot 37; thence southwesterly along the southerly line of lot 27 a distance of 50.00 to the most northeasterly corner of lot 26; thence southeasterly along the easterly line of said lots 26 & 23 a distance of 200.00 feet to the most easterly corner of lot 23; thence northeasterly 50.00 feet to the point of beginning. H i r to n L A.t �, OWNER'S A C KN OWLFD GEMENT STATE OF SS. County of/,4-:,,,/ On this ,.. y,'.;,-„,,; day of /1),A24.4_, , 19 , before me, the undersigned, a Notary Public in and for said county and state personally appeared .,, _, .,G, , known to me to be the persons who executed r r- `the above and foregoing instrument, and said persons acknowledged to me that they executed the same. IN WITNESS W FREOF, I have hereunto set my hand and affixed my official seal the day, month and ,year in this certificate first above written. 1;• "'°' 1. Notary Public in and for the .�'=r, State of r �� �•. Residing at: ,� -_ 1, ,,' rs : �' : � My Commission expires: ,.'- . -- Now Nor CONSENT TO: The Honorable City Commission of the City of Tigard, County of Wash- inton, State of Oregon. The Undersigned W. H. Way and Fern L. Way, husband and wife, hereby consent to the vacation of that portion of S. W. Warner Avenue more particularly described as follows: 50' Vacation of Warner Avenue adjacent to Lots 23, 26, 37 & 38. Beginning at the most southerly corner of lot 38 Hoffarber Tracts in Section 35 T. 1 S. , R. 1 W. , W. M. , Washington County, Oregon; thence northwesterly along the westerly line of lots 38 & 37 a distance of 200. 00 feet to the most westerly corner of lot 37; thence southwesterly along the southerly line of lot 27 a distance of 50. 00 feet to the most northeasterly corner of lot 26; thence southeasterly along the easterly line of said lots 26 & 23 a distance of 200. 00 feet to the most easterly corner of lot 23; thence northeasterly 50. 00 feet to the point of beginning. - W. H. Way Fern L. Way(/ • OWNER'S ACKNOWLEDGEMENT STATE OF e2 -z. ) SS. County of„„"117.___, ) On this / .ay ofl/e -i"' , 19 C.?, before me, the undersigned, a Notary Public in and for said county and state personally appeared W. H. Way and Fern L. Way, known to me to be the persons who executed the above and foregoing instrument, and said persons acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my of- ficial seal the day, month and year in this certificate first above written. s"041 . A - Notary Pu lic in and for the R:: State of: a COW& % Residing at: My commission expires: /- 6 _6 j