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VAC2016-00002 VAC2O16 - 00002 76TH AVE VACATION (ELDERBERRY RIDGE ) CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO.17-o'f AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIALNTELY 3,485 SQUARE FOOT PORTION OF PUBLIC RIGHT OF WAY BETTER KNOWN AS SW 761"AV'I'NUE(VAC 2016- 00002)IN THI I.I.I)ERBERRY RIDGE PLANNED DEVELOPMENT IN THE CITE'c'l;TIGARD. WHEREAS, the approximate 3,485 square foot portion of the public right-of-way had previously been dedicated to the public;and WI[EREAS,the applicant,Riverside I Tomes,has requested that the City of Tigard vacate an approximate 3,485 square foot portion of public right of way better known as SW 76th Avenue as described and shown in Exhibit A;and WHEREAS,the purpose for this vacation is to vacate an unimproved portion of SW 76th Avenue that is no longer needed for future public use;and WHEREAS, the vacation has been initiated by the applicant and approval has been recommended by the Planning Commission and by the Public Works Director with conditions;and WHEREAS,all affected service providers,including utility companies and emergency services,have reviewed this vacation proposal and the approved Elderberry Ridge Planned Development and either have no objections or have recommended specific conditions of approval which have been incorporated into this ordinance;and WHEREAS,notice has been mailed to all property owners abutting said vacation area and all property owners within the affected area,as described by ORS 271.080;and WHEREAS,in accordance with Tigard Municipal Code Section 15.08.120,notice of the public hearing was posted in the area to be vacated and published in the newspaper;and • WHEREAS,the owners of the majority of the area affected have not objected in writing;and WHEREAS,the council having considered the request on March 7,2017,finds that it is in the public interest to approve the request to vacate that certain portion of public street right of way for SW 76th Avenue because the public interest will not be prejudiced by this vacation as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of public street right of way,as described on the attached Exhibit A(map and legal description of the area to vacated)and by this reference made part hereof. ORDINANCE No.17-04 Page 1 SECTION 2: Said vacation is hereby conditioned and shall be effective 30 days after its passage by the Council,approval the Mayor and posting by the City Recorder. PASSED: By 1.4-4/60-1.e-/ricy4--"2-7 vote of all council members present after being read by number and title only,this 7/1"`day of ,2017. Kelly Burgoyne,Deputy City Recorder APPROVED: By Tigard City Council this 7 day of "i'11 ,2(117. John if ook,Mayor Approv as to, ' • City Attorney 37 1? 1)atc ORDINANCE No.17-04 Page 2 i Er ;it r �` ,.,;e 76th Ave -MI111 r - - •• e i • ...._ MI L 1 ROW Vacation 1111P' r I me 1 . _ _____ ..... . . -.,_.,.._ ,__, lit' - _ liar ..- • r i VAC2016-00002 i .1 + 'a K ri I 1 , . . 7,,,, ., Vacation / Area Taxlot ' f tt., .1:-:\; 1 ::,,,--L , ,,,.. ii,. .,..4,- . t . ' _r4 -�` Boundaries iJ l,,; _ 4 _ , , l I • • ` . .rt - : r 0 p ii!,!! - :1r (F � All 3 r x., , i{ . .......7.......... I; ELDERBERRY PROJECT NO. 1306-006 OCTOBER,5,2016 SW 76"'AVENUE-VACATION DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 21, TOWNSHIP 2 SOUTH,RANGE 1 WEST,OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,COUNTY OF WASHINGTON,STATE OF OREGON,THE BOUNDARIES OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT ALONG THE EAST RIGHT-OF-WAY LINE OF SW 76TH AVENUE,WHICH BEARS SOUTH 0°21'27"WEST,118.8 FEET,MORE OR LESS,FROM THE NORTHWEST CORNER OF LOT 52"DURHAM ACRES",SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF,FUTURE,SW HANSEN LANE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE SOUTH 0°2127"WEST,96.7 FEET, MORE OR LESS,TO THE NORTH LINE OF FUTURE,OPEN SPACE,TRACT"A"; THENCE ALONG SAID NORTH LINE,NORTH 89°5T02"WEST,40.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF SW 76TH AVENUE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE NORTH 0°2127"EAST,84.5 FEET, MORE OR LESS,TO SAID SOUTHERLY RIGHT-OF-WAY OF,FUTURE,SW HANSEN LANE BEING A POINT ON A NON-TANGENT 47.00 FOOT RADIUS CURVE,A RADIAL LINE THROUGH WHICH BEARS SOUTH 9°35'23"WEST,MORE OR LESS; THENCE ALONG SAID CURVE,TO THE LEFT,THROUGH AN ANGLE OF 52°54'43", MORE OR LESS,THE CHORD OF WHICH BEARS NORTH 73°08'00"EAST 41.88 FEET, MORE OR LESS,AN ARC LENGTH OF 43.40 FEET TO THE POINT OF BEGINNING. CONTAINING 3,485 SQUARE FEET,MORE OR LESS. BEARINGS ARE BASED ON PLAT OF"PROSPECT MEADOWS" REGISTERED 1 PROFESSIONAL ft SURVEYOR ORE JULY 25. 1990 GARY R. ANDERSON 2434 J RENEWS. IZ/31/ I7- J� mem 15\.0r.C.W AoRK\FDI 767H YMC 20161pOSabrr Scile 1-100 I I / I ll I •. I 1 i '4 i I II I i ; I � i SW"ANSEN L.Yr — — 200' 200'-- / 1 I Vacated R/W j I I I I � I 1 � I I I � I I ffected Area Boundary a j 1 II EXHIBIT — Affected Area 115.we Nov.2016 FSTLAKk, SW 76th Right—of--Way Vocation ortouon g`' III arcnrmnlc • =urn • PUNNING ELDERBERRY Subdivision-Riverside Homes MASON roe w. ifiDON.PL.wnn cw t a 1306-�. PAA � III City of Tigard TIGARDMemorandum 3 ..... To: President Calista Fitzgerald and Planning Commissioners From: Gary Pagenstecher,Associate Planner Re: 76t1 Avenue Vacation,VAC2016-00002 Date: January 23, 2017 Proposal Description: The Applicant requests approval of a street vacation for a 3,485 square foot portion of SW 76th Avenue located south of Bonita Road at the terminus of the currently improved right-of-way. The applicant has applied for Planned Development Review (PDR2016-00009) for a 40-lot subdivision and has included the proposed vacation into the development plans as Lots 16 and 17. Compliance Review: Staff has found that the proposal is in compliance with the Tigard comprehensive plan and development code. The proposed vacation is addressed in the findings in the Staff Report and recommendation to approve the proposed Elderberry Ridge Planned Development, which is also before you this evening and includes the following condition of approval: 6. Prior to any site work, the applicant shall submit the results of the City Council's decision on the applicant's 76th Avenue street vacation request. Provided the City Council grants the proposed vacation of a 3,485 square foot portion of SW 76th Avenue right-of-way, proposed lots 16 and 17 can be approved, as proposed. However, if the street vacation is not granted by Council, the applicant shall revise the preliminary plat to show the existing right-of-way and to reconfigure the lots accordingly. Staff Recommendation: Staff recommends approval of the proposed SW 76th Avenue Vacation. The subject vacation is proposed to be effective immediately before or concurrent with the Final Plat recording of Elderberry Ridge, PDR 2016-00009. _ ., CITY OF TIGARD RECEIPT I 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 407671 - 11/28/2016 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAC2016-00002 Customer Deposit 100-0000-22000 $2,705.00 Total: $2,705.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 35063 MBILODEAU 11/28/2016 $2,705.00 Payor: Riverside Homes LLC Total Payments: $2,705.00 Balance Due: $0.00 Page 1 of 1 / / / RECEIVED NOV28 2016 WE S TLAKE CITY OF TIGARD PLANNING/ENGINEERING CONSULTANTS INC. TRANSMITTAL ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0652 Fax: 503 624-0157 Date: November 28,2016 Project No.: 1306-006 To: Monica Bilodeau Project Name: Elderberry Ridge City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 From: Ken Sandblast,AICP Director of Planning Re: Elderberry Ridge—Vacation Fees No. of Copies Dated Description 1 03/02/16 Check#35063 for the amount of$2,705.00(vacation fees) Comment: Ifyou have any questions or require further clarification,please do not hesitate to call. Thank you. VPC1OW - gOUO2 Email 0 No. of Pages(including cover) Fax No. Mail 0 Messenger 0 Overnight 0 Hand Delivery ■ Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150,Tigard,Oregon 97224 Notice of Intent to File Right-of-Way Vacation Application DATE: November 22, 2016 TO THE CITY OF TIGARD CITY COUNCIL, WASHINGTON COUNTY, OREGON; Petitioner, Janice Cornutt, files this Notice of Intent to File a Right-of-Way Vacation application to the City of Tigard City Council to adopt a resolution vacating a certain portion of an existing public right-of-way in the City and return the same to the abutting property owners. The Petitioner files this Notice of Intent to File for the vacation of this unimproved right-of-way as provided for by City of Tigard Municipal Code Chapter 15.08 Street Vacations,specifically Section 15.08.060. As per Section 15.08.060, upon receipt of this Notice of Intent to File, the City Recorder shall provide notice to all utility providers, Washington County, and affected parties —attached hereto is an exhibit depicting the right-of-way vacation affected area as defined by applicable Oregon Revised Statutes. APPLICANT NAME: Ken Sandblast—Westlake Consultants APPLICANT/OWNER ADDRESS: 15115 SW Sequoia Parkway#150,Tigard OR 97224 APPLICANT/OWNER CONTACT#: 503-684-0652 APPLICANT/OWNER EMAIL: ksandblast@westlakeconsultants.com SUBJECT PROPERTY ADDRESS: Adjacent to 14825 SW 76th Avenue& 14830 SW 76th Avenue Tigard, OR 97224 SUBJECT PROPERTY PARCEL I.D. #: Portion of SW 76th Avenue Adjacent to 2S-1-2BD Tax Lots 300&500 (see attached Tax Assessor Map) 417.',.,;). 2S 1 12BD 2S 1 12BD 7.t.7e7E . 72.11 -,-�.\\ ,'P.•\. w••�••,\ r.•9 - • �y.... _. 11. 1121-. na7an ntsxtl""` e+�•sam�e '.. ee 47 wA�� .. ..:. BONITA,.,` .. ...\,. 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Mks. _--__ for t . .. .j 9e ar ent u),6 . `71t, as7.f :7010 ,t M.es. t■.O6• 0L« ". esm 17'!18 tnm Ws!l.71 • Ll+r+Oa TIGARD cIg2s1w12 2S 1 12BD 2S 1 12BD W a)= ' V/ r-•--•--•--•--•--•--•=—•— --•--• j •--•--•—� CO I 2S-tt 900 Tax Lot 100 1 Tax Lot 90000 �' �.__ 1 I 2S-1-p8D' Tax Lot 300 � -- 2S-1-12BD Tax Lot 5900 I j 1I 2S-1-12130 Tax Lot 3000 1 1 I SW V 1 Tax Lot 600 / 1 Cornutt(Owner) 2S-1-12BD Cornutt St. � Q Tax Lot 6000 1 CD Tax-1ot'6400 1 25-,-126DI Tax Lot 6100 1 a)> I Q 1 2S-1-12BD 1 Tax Lot 6200 1 11 I t` I I I V) I I 1 I I I 1 I Tax Lot 500 Cornutt(Owner)I I Jansen Lane i r I 200' i 200' i' p 1 I Abutthg Owners I Total Owners=2(Comutts) I ! TaxLot 30 I Petition Signatures 1 2(Cornutts)=100% 1 L 'J Cornutt(Owner) Affected Area 1 • 1 Total Area= 9.06 Ac 2/,3 of Total= _6. Ac. 1 1 1 Petition Signatures 6.81 Ac.=75.1% ! I c-.) ll� 25-1-12BD Tax Lot 400 Cornutt(Owner) �II I I 1 I 1 I I1 I i I I I I I I I I 1 •--•-- •--•--.—_. --._.—.--.__.--.--.—J i • TIGARD MUNICIPAL CODE Chapter 15.08 STREET VACATIONS. 15.08.010 Purpose. Sections: The purpose of this chapter is to establish procedures for the vacation of a street, way, alley, 15.08.010 Purpose. plat, public square or other public places. (Ord. 15.08.020 Scope--Statutory Procedures 85-01 §1(Exhibit A(part)), 1985). Applicable. 15.08.030 Action--Recordation--Effective 15.08.020 Scope--Statutory Procedures Date. Applicable. 15.08.040 Process--Consent On City Property. (a) This chapter shall apply to the vacation 15.08.050 Prepetition Conference of all or part of any street, avenue, boulevard, Required--Request For Petition alley, plat, public square or other public place. Form. (Ord. 85-01 §1(Exhibit A(part)), 1985). 15.08.060 Notice Of Intent To File Vacation Petition--Notice To 15.08.030 Action--Recordation--Effective Interested Parties. Date. 15.08.070 Vacation Petition,Boundaries And Required Legal (a) A vacation shall be by ordinance by the Documents. Council. 15.08.080 Petition Requirements--Staff Review. (b) No vacation shall be effective until the 15.08.090 Required Reports. ordinance vacating the property is recorded by the 15.08.100 Planning Commission Review. Recorder with the County Clerk, assessor and 15.08.110 Council Sets Hearing Date-- surveyor. Concurrent Hearings. 15.08.120 Notice. (c) No vacation shall be recorded until: 15.08.130 Council Action--Approval Standards--Conditions (1) All fees have been paid as provided Payment Of Taxes. by Section 15.08.160 of this chapter; 15.08.140 Acceptance Of Conditions Required--Satisfaction Of (2) All required legal instruments have Conditions Required-- been signed and the Recorder finds that all Exception. required signatures have been placed on the 15.08.150 Payment Of Taxes And City documents; and Liens. 15.08.160 Fees--Recording Costs And (3) The petitioners have complied with Maintenance Of Records. all of the applicable conditions of approval except 15.08.170 Recordation Of Ordinance-- as provided by Section 15.08.140(c) of this Title To Vacated Area. chapter. (Ord. 85-01 §1(Exhibit A(part)), 1985). 15.08.180 Vacation For Purpose Of Rededication. 15.08.040 Process--Consent On City Property. (a) A vacation may be initiated in two 15-08-1 Code Update: 12/03 TIGARD MUNICIPAL CODE ways: (1) Determining the specific area to be (1) Any interested person(s)may file a vacated; petition requesting a vacation in the manner provided by this chapter; or (2) Explaining the procedures for a vacation; (2) The Council may make a vacation without a petition or consent from the affected (3) Explaining the approval criteria; property owners provided: (4) Explaining the costs associated (A) Notice is given as provided by with a vacation; and section 15.08.120 of this chapter; (5) Advising on the feasibility of the (B) The owners of the majority of proposal. (Ord. 85-01 §1(Exhibit A(part)), 1985). the area affected computed on the basis of ORS 271.080 have not objected in writing; and 15.08.060 Notice Of Intent To File Vacation Petition--Notice To (C) All abutting property owners Interested Parties. have consented to the vacation except the City may proceed with the vacation without the (a) Following the prepetition conference consent of the owners provided the City pays and determination of the area to be vacated, the damages in situations where the vacation interested person or persons shall file a notice of substantially affects the market value of the intent to file a vacation petition with the Recorder. property. (b) The notice of intent shall be (b) In the event that City owned property accompanied by a fee deposit as provided by abuts an area proposed for vacation, the City Section 15.08.160 of this chapter, and it shall be Manager shall have the authority to give consent accompanied by a copy of the assessor's map or withhold consent for purposes of initiating the showing the area to be vacated. petition. (Ord. 03-08, OOrd. 85-01 §1(Exhibit A(part)), 1985). (c) The Recorder shall give the notice of intent to vacate to all utility providers, the county, 15.08.050 Prepetition Conference and other interested parties of the intent to file a Required--Request For Petition vacation petition and shall request all utility Form. providers and interested persons to provide a written response within thirty days regarding any (a) Persons interested in submitting a interest they have in the area to be vacated which vacation petition shall make application to the must be protected and the means by which it City Recorder for a prepetition conference and should be protected. (Ord. 85-01 §1(Exhibit shall meet with the Recorder, Planning Director A(part)), 1985). and Public Works Director in a prepetition conference. 15.08.070 Vacation Petition,Boundaries And Required Legal (b) The prepetition conference shall be for Documents. the purpose of: 15-08-2 Code Update: 12/03 TIGARD MUNICIPAL CODE (a) At such time as each utility provider and applications. interested party has responded to the notice of (b) A complete application shall include: intent, the City Recorder shall request the Public Works Director to: (1) A completed petition consenting to the vacation which is signed by all abutting (1) Identify on a county tax map the property owners and the property owners of not specific area to be vacated and the real property less than two-thirds of the property affected as affected by the proposed vacation as provided by provided by ORS 271.080 (2); ORS 271.080(2); (2) A fee deposit as required by (2) Identify all legal documents which Section 15.08.160 of this chapter; shall be required as a condition of granting the vacation such as utility and access easements; (3) Each legal instrument required by the Director of Public Works which is signed by (3) Provide an estimate of costs as all required persons; and provided by Section 15.08.160 of this chapter; (4) A certificate showing that all City (4) Provide a legal description for the liens and all taxes have been paid on the land area to be vacated unless the Director of Public covered by the petition in the case of a vacation of Works finds it should be done by other than City a plat or a portion thereof; personnel; (5) A report from a title company (5) Any conditions of approval which indicating the name and address of all persons would be attached to the vacation known at this holding an interest in the abutting property and point in the process; and affected property. (6) Provide information as to where to (c) The petition shall: locate a list of the names of owners and persons having an interest in the real property which will (1) Set forth a description of the be affected by the vacation as provided by ORS ground proposed to be vacated; 271.080 (2). (2) State the purpose for which the (b) The Recorder shall mail the petition ground is proposed to be used; form, and information compiled by the Director of Public Works, as a part of Section 15.08.070 (A) (3) State the reason for the vacation; of this chapter to the interested person identified and at the prepetition conference to coordinate the vacation process. (Ord. 85-01 §1(Exhibit A(part)), (4) Contain the notarized signatures 1985). required by ORS 271.080 (2). (Ord. 85-01 §1(Exhibit A(part)), 1985). 15.08.080 Petition Requirements--Staff Review. 15.08.090 Required Reports. (a) The application shall be presented to the (a) Planning Director's Report. Recorder who shall not accept incomplete 15-08-3 Code Update: 12/03 TIGARD MUNICIPAL CODE (1) The Planning Director shall prepare (3) The recommended conditions of a report which includes a recommendation to approval, if any, shall be those conditions approve, approve with conditions or deny the necessary to protect the public interest. (Ord. 85- petition which shall be submitted to the Planning 01 §1(Exhibit A(part)), 1985). Commission as provided by Section 15.08.100 of this chapter for a recommendation by the Planning 15.08.100 Planning Commission Review. Commission. (a) The Planning Director shall submit the (2) The recommendation shall be based report prepared under Section 15.08.090 (a) of on findings of compliance or noncompliance with this chapter for review and a recommendation by the comprehensive plan. the Planning Commission to the Council. (3) The recommended conditions of (b) No public hearing shall be required and approval, if any, shall be those conditions the Commission shall act by resolution. necessary to carry out the comprehensive plan. (c) The recommendation by the Planning (b) Public Works Director Report. Commission shall be based on findings of compliance or noncompliance with the (1) The Public Works Director shall comprehensive plan and shall be for approval, prepare a report which includes a recommendation approval with conditions or denial. to approve, approve with conditions or deny the petition which shall be submitted to the Council as (d) The Planning Commission provided by Section 15.08.130 of this chapter. recommendation and conditions, if any, shall be submitted to the Council by the Planning Director (2) The recommendation shall be based as part of the public hearing record as provided by on findings of: Section 15.08.130 (b) of this chapter. (Ord. 85-01 §1(Exhibit A(part)), 1985). (A) The effect on: 15.08.110 Council Sets Hearing Date-- (i) Traffic, pedestrian and Concurrent Hearings. bicycle circulation; (a) Within thirty days of receipt of the (ii) The provision of fire and completed petition, the Recorder shall place on police service as related to increasing response the Council's agenda a request for the Council to time; set a public hearing date on the petition. The recorded shall give notice to at least one of the (iii) Drainage; petitioners of the meeting at which the Council will consider setting the hearing date. (iv) The provision of utilities; (b) The Council may deny the petition after (B) Compliance with the notice to the petitioners of each proposed action, comprehensive plan,transportation element; but if there appears to be no reason why the petition should not be allowed in whole or in part, (C) Compliance with the capital the Council shall fix a time for a formal hearing improvements program. upon the petition. 15-08-4 Code Update: 12/03 TIGARD MUNICIPAL CODE (c) Two or more streets, alleys, avenues, 15.08.130 Council Action--Approval boulevards or parts thereof, may be joined in one Standards--Conditions proceeding provided they intersect or adjoin to Payment Of Taxes. each other. (Ord. 85-01 §1(Exhibit A(part)), 1985). (a) The Council shall hold the public hearing and it shall approve, approve with 15.08.120 Notice. conditions or deny the petition in whole or in part by ordinance based on findings that: (a) Notice of the public hearing shall be given as follows: (1) The consent of the owners of the requisite area have been obtained or the (1) The Recorder shall give notice of provisions of Section 15.08.040 (2) of this chapter the petition and hearing by publishing a notice in have been satisfied; the City official newspaper once each week for two consecutive weeks prior to the hearing. (2) Proper notice has been given as required by Section 15.08.120 of this chapter; (2) The Recorder shall cause notice to be posted at or near each end of the proposed (3) The public interest will not be vacation and in at least two conspicuous places in prejudiced by the vacation; and the proposed vacation areas within five days after the first day of publication. (4) A certificate showing that all City liens and all taxes have been paid on the land (b) The posting and first day of publication covered by the petition has been filed with the of the notice shall not be less than fourteen days Recorder in the case of a vacation of a plat or a before the hearing. portion thereof. (c) The notice shall contain the following: (b) The Council findings shall be based on: (1) A heading entitled "Notice of (1) The petition; Vacation," and the blank shall indicate what is proposed to be vacated; (2) The public testimony; (2) A description of the area to be (3) The recommendation of the vacated by the petition; Planning Commission; (3) The date the petition was filed; (4) The report of the Public Works Director; (4) The name of at least one petitioner; (5) The letters submitted by utility (5) The date by which any objection or providers and interested parties; and remonstrance shall be filed in writing with the Recorder. (Ord. 92-05 §1(Exhibit A), 1992; Ord. (6) A report by the City Engineer 85-01 §1(Exhibit A(part)), 1985). regarding the payment of taxes,liens,and fees. (c) The conditions of approval may pertain 15-08-5 Code Update: 12/03 TIGARD MUNICIPAL CODE to: (1) All conditions of approval shall be (1) The maintenance and use of satisfied prior to the recording of the ordinance underground public utilities or service facilities in approving a petition for a vacation unless an the vacated portion; exception is granted by the Council under the provisions of Section 15.08.140 of this chapter. (2) Limitations on the use of the area above and adjacent to underground utilities or (c) Exception. service facilities; (3) Moving at petitioner's expense the (1) The Council may grant an utilities or services either below, on, or above the exception to the requirement that all conditions of surface; approval be satisfied prior to the recording of the ordinance if it finds that the vacation petition (4) Construction, extension or involves one property owner and upon the relocation of sidewalks and curbs; conditions that: (5) Grading or pavement extensions; (A) The petitioner posts a performance bond in the amount of the project (6) Dedication for street use of other cost as estimated by the Public Works Director; area in lieu of the area to be vacated; (B) It is agreed in writing that the (7) The posting of a performance bond work will be completed within one year; to assure that all work shall be completed;and (C) The petitioner grants to the (8) Any other matter relating to the City a right of access to the property a right to vacation which is necessary to protect the public complete the improvement in the form of or adjoining property owners or to carry out the covenants which are recorded with the county. comprehensive plan. (Ord. 85-01 §1(Exhibit A(part)), 1985). (2) The petitioner shall make a formal request to the Recorder for an exception. The 15.08.140 Acceptance Of Conditions Recorder shall advise the Council at the public Required--Satisfaction Of hearing of the request, and the Council shall act Conditions Required-- upon the request as a part of the approval process. Exception. (Ord. 85-01 §1(Exhibit A(part)), 1985). (a)Acceptance of Conditions Required. 15.08.150 Payment Of Taxes And City Liens. (1) The petitioners shall file with the Recorder a document which has been approved by No ordinance for the vacation of all or part of the City Attorney which accepts the terms and a plat shall be passed by the Council until the conditions of the approval except it shall not be petitioner has filed with the Recorder a certificate required in the event that the conditions have been showing that all City liens and all taxes have been satisfied by the conclusion of the hearing. paid on the lands covered by the plat or portion thereof to be vacated. (Ord. 85-01 §1(Exhibit (b) Satisfaction of Conditions Required. A(part)), 1985). 15-08-6 Code Update: 12/03 TIGARD MUNICIPAL CODE (f) All costs shall be paid prior to the 15.08.160 Fees--Recording Costs And recording of the ordinance and any excess funds Maintenance Of Records. shall be refunded to petitioners as provided by the deposit agreement. (Ord. 85-01 §1(Exhibit (a) The petitioners shall be responsible for A(part)), 1985). all costs associated with the vacation. The costs shall include advertising costs, legal fees, 15.08.170 Recordation Of Ordinance-- employee total compensation costs, processing Title To Vacated Area. costs, and costs of recording and preparation of the certified ordinance and map. No application (a) Recordation of Ordinance. shall be accepted unless it is accompanied by a signed fee agreement. (1) The vacation shall become effective upon the recordation of a certified copy (b) The notice of intent to vacate shall be of the ordinance by the City Recorder, a accompanied by a deposit as required by the petitioner, or designated representative with the adopted fee schedule to cover the cost of giving County Clerk, county assessor and county notice as required by Section 15.08.060(D) and of surveyor. this chapter and the preparation of the information required by Section 15.08.070 of this chapter. (b) Title to Vacated Areas. The City shall not accept a petition to vacate until all costs incurred by the City at this stage of the (1) The title to a street or other public process are paid. area except a public square shall attach to the lands bordering on such area in equal portions (c) The petition shall be accompanied by a except that where the area has been originally deposit in the amount estimated by the Director of dedicated by different persons and the fee title to Public Works to cover all subsequent costs for such area has not been otherwise disposed of, work required by this chapter. In no case shall the original boundary lines shall be adhered to and the deposit required be less than the amount required street area which lies on each side of the boundary by the adopted fee schedule. line shall attach to the abutting property on such side. (d) The City shall maintain an accounting of the actual costs and each petition shall be (2) In the event a public square is accompanied by a time recording sheet and: vacated, the title thereto shall vest in the City. (Ord. 85-01 §1(Exhibit A(part)), 1985). (1) Each employee engaged in work on the petition shall record their time on the time 15.08.180 Vacation For Purpose Of sheet and shall record the activity on which the Rededication. time was spent; No street shall be vacated upon the petition (2) The Recorder shall maintain a of any person when it is proposed to replat or record of all expenses associated with the petition. rededicate all or any street in lieu of the original unless the provisions of ORS 271.160 are (e) Copies of all records shall be available satisfied. (Ord. 85-01 §1(Exhibit A(part)), for inspection. 1985).■ 15-08-7 Code Update: 12/03 City of Tigard TITLE TO 'ACA' ED AREA Community DevelopmentAlito Normally,the title to a street or other Department public area shall attach to the lands 1=. bordering on such areas in equal portions. Exceptions can occur STREET `T C. yTT(1 according to state law and as "information Bulletin interpreted by the County. SOME THINGS TO WHAT IS A STREET REMEMBER VACATICN? Streets,ways,alleys,and various Street vacations are possible if no easements are places open as a matter public purpose will be jeopardized and of right for use by the public for the right-of-way is not needed, No vehicles or pedestrians. They remain ordinance for a vacation can be passed open to the public as long as they are until all City liens and taxes have been dedicated to the public. When Chase paid on lands covered by the plat or rights-of-way are no longer needed by portion thereof to be vacated. the public,the City of Tigard has provisions in its Municipal Code (Chapter 15.08)to vacate or transfer the ownership and responsibility of such rights-of-way to private ownership. 1 OW DO I APPLY? Ci o Ti rtrd Street vacations are initiated in two ty f g 13125 SW Hall Blvd. ways: Tigard, OR 97223 A. An interested person may file a (503) 639-4171 petition requesting a vacation. This requires signatures of all abutting property owners and of the owners of two-thirds of the property affected by the vacation; B. The City Council mayinitiate a The effect on traffic,pedestrian and property owners within 400 feet of each vacation without a petition or bicycle circulation;, end of the proposed vacation and consent from the affected property • The effect on the provision of fire within 200 feet on either side of the owners subject to proper and police service related to street. notification. increasing response'time; O The effect on drainage; The City Council will approve, approve 1. Attend A Pre-.Application • The effect on the provision of with conditions,or deny the petition. 're-Petition)Conference. This is utilities; Council findings shall be based on: an informal meeting where staff • Compliance with the and the applicant determine the The petition specific area to be vacated,explain Comprehensive Plan transportation • Public testimony element;and Plannin procedures for vacations, approval g Commission c Compliance with the capital recommendation criteria and costs,and advise on the improvements program. feasibility of the proposal. Staff report PLANG CO SSIOIIT • Comments from utility providers 2. File Notice of Intent. A notice of and interested parties REviE Intent to file a vacation petition 'x must be filed with the City - If the vacation is approved,the City Recorder along with the fee deposit. The staff report will be reviewed by the Council adopts an ordinance which City Planning Commission on vacation goes Into effect 30 days after approval. Once the notice of intent is filed, the City Recorder gives notice of petitions initiated by the two-thirds The vacation shall become effective process. The Commission is to make a upon recordation with Washington intent to vacate to all utility providers,the county and other recommendation to the City Council County. interested parties. This notice based on compliance with the requests a written response within Comprehensive Plan. No Planning FEES 30 days. Upon the filing of a notice Commission recommendation is of intent to vacate,the City Council required on a petition initiated by the The petitioners provide an initial may approve a resolution to initiate City Council. deposit. (See Tigard Land Use Fee the vacation. Schedule for amount.) The petitioners CITY Y COUNCIL REVIEW are responsible for all costs associated STAFF REVIEW with the vacation, These include The City Council will hold a public advertising costs, legal fees,employee hearing on the proposed vacation. compensation costs,processing costs Staff will review comments by those notified and Notice of the hearing will be publicized and costs of recordingand the prepare a report to in the official city newspaper for two r aration of the certified ordinance recommend approval,approval with Pep conditions,or denial of the vacation. consecutive weeks. Notice will be and map. All costs shall be paid prior The recommendation shall be based on posted at or near each end of the to the recording of the ordinance. Any proposed vacation at least 14 days prior excess funds from the de osit are findings relative to: to the hearing. Notice is also sent to refunded. P Gary Pagenstecher From: Carol Krager Sent: Tuesday, December 06, 2016 11:43 AM To: Kim McMillan;Jonny Gish; Gary Pagenstecher Subject: FW: Right-of-Way Vacation on 76th Avenue in Tigard Follow Up Flag: Flag for follow up Flag Status: Flagged FYI. I will keep this in my file, too. Carol Krager, CMC City Recorder City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 (503) 718-2419 carolk@tigard-or.gov From: Naomi Vogel [mailto:Naomi Vogel@co.washington.or.us] Sent: Tuesday, December 06, 2016 10:47 AM To: Carol Krager Cc: Scott Young; Gary Stockhoff; Dave Schamp Subject: RE: Right-of-Way Vacation on 76th Avenue in Tigard Hello Carol Washington County has no issues with the proposed 76th Avenue street vacation.This road section is not within County jurisdiction. Thank you Naomi Vogel I Associate Planner 503-846-7639 Naomi Vogel@co.washington.or.us From: Carol Krager [mailto:carolk@tigard-or.gov] Sent: Thursday, December 01, 2016 5:21 PM To: Naomi Vogel; 'Ryan.truair@nwnatural.com' Subject: Right-of-Way Vacation on 76th Avenue in Tigard To Franchise Utilities and Government Organizations within Tigard: 1 , The City of Tigard has received a notice of intent to file a land use vacation from an applicant for the right- of-way area identified on the attached map. Please respond in writing (email accepted) regarding any concerns you have should this proposed vacation be approved. Also, please cite any conditions of approval you would recommend to protect your interest. Due to time constraints, please respond with any issues and questions you have regarding this matter by January 1, 2017 to Carol A. Krager, City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223. My email is carolk@tigard-or.gov Thank you. Carol Krager, CMC City Recorder City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 (503) 718-2419 carolk@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2