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VAC2005-00004 Decision - 68TH PARKWAY VACATION CITY OF TIGARD, OREGON ORDINANCE NO.06- Off. AN ORDINANCE VACATING DIVE SMALL PORTIONS OF PUBLIC RIGHT-OF-WAY TOTALING 3,392 SQUARE FEET ALONG 68Tr- PARKWAY AND 69T, AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2005-00004 & VAC2005-00005). WHEREAS, the Tigard City Council initiated thus vacation request pursuant to Section 15.081.040 of the Tigard Municipal Code on January 10, 2006, and has been recommended by the Community Development Departruent; and WI- EREAS, Specht Development has requested that the City of Tigard vacate the above right-of-way of 3,392 square feet in area as described in exhibits A.-1 though A-5 and B-1 through B-S, as well as to accept dedication of three portions of right-of-way as described in exhibits C-1 through C-3 and D-1 through D-3 to allow for the assemblage of eleven parcels of laud naz-dz of SW Dartmouth Street between 60' Paxkway and 69 b Avenue for development purposes; and WHEREAS, all affected service providers, including utility companies mid emergency service providers, have reviewed the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, notice of the public hearing was posted in the area to be vacated and published in the newspaper; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on February 28, 2006, finds that it is in the public interest to approve the request to vacate said public riglit-of way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC 15.08.130. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 3,392 square feet of public right-of-way as shown and described in the attached Exhibits A-1 through A-5 and B-1 througzn B-5 llegal dese ptiozns and maps of the area to be vacated) and by this reference, wade part thereof; SECTION 2: Said vacation is hereby conditioned and shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder; furrier, the ordinance will not be effective until the acceptarnce of right-of-way dedication as described in Exhibits C-1 through C-3 and D-1 tlnraugzn D-3 by the City Engineer, and upon recording of a certified copy of the ordinance by the City Recorder. ORDINANCE No. 06- D.2 Page 1 PASSED: By U nO.W rn0\ AS vote of all Council members present after being read by number and title only, this R day of~ 2006. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of -C , 2006. t Mayor n, Cra4UZ Approved as to folan: jilty Attorney Date ORDINANCE No. 06- 0,)- Page 2 EXEUBIT A . Page 2 of 1 Prepared By: NORTHWEST SUXtVEYJNG, LLC PO Box: 7177 Beaverton; OR. 97007 503-848-2127 • LEGAL DESCRIPTION FOR. S.W.!68'0'PARKWAY RIGHT OF WAS' VACATION TAX LOT # 3001, MAP 1S136D Real property situated in the City of Tigard, Washington County, Oregon, being a portion of that parcol as described in deed to lack 13. Root and Wilma L. Root, redorded under Document Number 2004-123997, records of said county, lying in the southeast quarter of Section. 36, Townsbip 1 South; Range 2 West of the Willamette Meridian, more particularly described as follows. Beginning at the southerly end of a 25.00 foot radius curve between the right of way lines,. for S.W. 68" Parkway and S.W. Clinton Street at the southeasterly corner of said Jack B. Root and Wilma L..Root parcel, said point be mg on the northerly right ofway line S.W. Clinton Street and being marked by a 5l8" iron rod with a yellow plastic cap stamped: "Northwest Surveying, LLC' ; Thence along said 25.00 foot radius curve, being tangent with said northerly right ofway line, to the lei, and having: a delta angle of 87°45' 18", along chord bearing North 46°06'27' East 34.66 feet, and a length of 38.29 feet; to a 518" iron rod with a yellow plastic cap stamped "Northwest Surveying, LLC"; Thence along the westerly right of way line of said S.W. 68th Parkway, North 02° 13'48" East 83.65 feet to a point measuring 35.00 feet at right angles to the centerline of said S.W. 68* PAkway; Thence southerly parallel with the centerline of said S.W. 68P Parkway, 'South -00403'44" East 82.58 to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 90°02'4.9", a long chord bearing South 44°5741" West 35.37 feet and a length of 39.29 feet; Thence South 89°59'06" West 3.33 feet to the point of beginning. The above described tract contains 220 square feet, more or less. The basis of bearings for this descripfi on is between found monuments.along the northerly right of way line of-said S.W. Clinton Street, per survey number 30,026, on record with the Washington County Surveyor's Office. 1 EXHIBIT B - EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION. FOR TAX LOT 3001 MAP 1S136DD It FOUND 5/8" IRON ROD WITH CITY OF TIGARD, - WASHINGTON COUNTY, OREGON YELLOW PLASTIC CAP STAMPED AUGUST 2DD5 NORTHWEST SURVEYING, LLC", PER SURVEY NUMBER 30,016 PAGE 1 OF 1 CURVE TABLE. CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING Cl 39.29' 25.00' 90`02'49" 35.37' S44'57'41"W i o C2 38.29' 25,00' 87'4518" 34.66' N46'06'27"Ei °6 35.00' --►r '0 10.59' 25.(10' 2415'56" 10.51' N14'21'46"E Ei o C4 27.70' 25.00' 53'29212'. 26.31'.. N5814'25"EI ° 41 r r • ~ can r r ~ r TAX LOT 3001. co . "DOCK 2004-123997; 00 m ~ RIGHT--CIF-WAY VACATION ~i ~ w co ~ ` cl, 1 70 :d- C~o .Rl AREA - ±220 SQUARE FEET. 1 ~3 SCALE 1"' 20 FEET +~r POINT OF G3 I r REGISTERED BEGINNING L-10.59' 35.00' PROFESSIONAL LAND SURVEYOR r { BASIS OF BEARING i g' { RE0N 5, 2002. PER SURVEY # 30,016. % CLINTON R. STUBBS JR. 55469LS N89 59 O6 E 166.36 S89 59'0&"W C4 RENEWAL DAVE: 06/30/06 S.W. OLINTON STREET 3.33' L=27.70' PREPARED* FOR- JOB NAME: DARTMOUTH ST. SPECH7 DEVELOPMENT, INC JOB NURSER: 56 C)RTHI WEST PO BOX 7177 15400 SWilLLlKAN WAY BEAVERTON, OR 97007 f PHONE: 503-848-2127 BEAVERTON, OR 97006 'DRAWING NUMBER: 56DEDICAIIONS FAX: 503-84S-2779 EMAIL: nwsurveyin,rPverizon.net DRAWN By. CHS S URVEYING, LLC CHECKED BY. CHS E IT .A - 2 Page I of I Prepared By: NO THWTST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W- 6s" PARKWAY AND S.W. CLII` ON STRkET RIGHT OF WAY VACATION TA.X LOT # 63.00, K&P 1513 6DD RealProperty situated in the City of Tigard, Washington County, Oregon, being apoition of that parcel as described in deed to Robert S. Hogg and Harriett L. Hogg, recorded under Book 303, Page 34X, records of said county, lying Sri th e southeast quarter of Section. 36, Township 1 South, Range 1 West ofthe Willamette Meridian, more particularly described as follows: Beginning at the southeast comer of said Robert S. Hogg and Harriett L. Hogg parcel, said point being on the westerly tight of way line S.W. 6e Parkway, from said point a 5/8" iron rod with -a no cap bears South 89°4848" West 0.05 feet; Thence along said westerly right ofway line, North 00°03'44" West 75.32 feet to the beginning of a tangent curve; Thence along a curve to the left having a radius of 25.00 feet, a delta angle of 89-57'1 P, a long chord bearing North 45'02'19" West 35.34 feet, and a length of39.25 feet to. the southerly right of way line of S.W. Clinton Street; Thence parallel with the centerline of said S .W. Clinton Street, North 89°59'06" East 5.00 feet to a tangent curve; Thence along said curve to the right having a radius. of 25.00, feet, a delta angle of 89'57'11", along chord bearing South 45°02'19" East 35.34 feet, and a length of 39.25 feet to apoint 35.00 feet measured at right angles to the centerline of said S.W 68t Parkway; Thence parallel with said centerline, South 00°03'44" East 75.31 feet to the easterly extension of the south line of said Robert S. Hogg and Harriett L. Hogg parcel; Thence along said easterly extension South 89°48'48" West 5.00 feet to the point of beginning. The above described tract contains 501 square feet, more or less. The basis of bearings for this description is between found monuments along the southerly line of said Robert S. Hogg and Harriett L. Hogg parcel, per survey number 30,016, on record with.the Washington County Surveyor's Office. EXHIBIT B.- EXHIBIT z EXHIBIT TO. ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6.1 00 MAP 1 S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 .PAGE 1 OF 1 30.00' S.W. CUNTO STREET" N89'5wo6*E N89'59WE~ 5.00' Rl ~9? s TAX LOT 6100 M 303, PAGE 341 35.00' ; RIGHT-OF-WAY VACATION AREA = ±501 SQUARE FEET t . cap FOUND 5/8' IRON ROD WITH l" RED PLASTIC CAP STAMPED ~ w!- Wit,! o "q- co "W.L M, LS I~al'. Q~ PER SURVEY NUMBER 25,380 POINT 0P n1,9 BEGINNING SCAM 1 = 30 FEET' BASIS OF BEARINGS 5.00 E PER SURVEY 130,016 589`48'48".W M w M N8948°48„E 89.95` i 5.00' • ! 35.00' FOUND 5/8" IRON ROD IMTH NO CAP-' REGISTERED "PER OREGON STATE HIGHWAY P'ROFESSION'AL LAND SURVEYOR DEPARTMENT MAP 98-1-1-17 I . BEARS'N89'48'48"E•O.O5.TO EXISTING I CORNER OF TAX LOT 6100 OREGON CURVE TABLE FCLINTCJjLW0M 1s, soaz CURVE LENGTH RADIUS DELTA CHORD . CHORD BEARING N H. STUB.BS ',1R. 55469LS Cl 39.25" 25.001 89'57'11" 35.34' 545'02'19„E RENEWAL DATE. 06/30/06 C2 39.25' 25.DO' 89'57'11„ 35.34' 1445-02'19"W PREPARED FOR: JOB NAME: DARTMOUTH ST. ORT PO BOX 7177 INC JO$ NUMBER: 56 N ORTT-Hif Y EST BEAVERTON, OR 97007 SPECHT DEVELOPMENT, 15400 SW MILLIKAN WAY PHONE: 503-848•-2127 56DEOICATIONS FAX: 503-848-2179 DRAWING NUMBER: $EAVERTON, OR 97006 EMAIL: nwsurvey"ing@verizon.net DRAWN BY: CHS S.URVEYING, LLC CHECKED BY: OHS EMIT A Page 1 of 1 Prepared By: NORTH"ST SURVEYING, LLC PO Bost 7177 Beaverton, OR 97047 50-848-2127 LEGAL DESCRIPTION FOR S.W. 68M PARKWAY RIGHT OF WAY VACATION . TAX LOT # 6700 AND 6800, MAP IS136DD Real property situated in the City of Tigard, Washington County,-Oregon, berg a portion of that parcel as described indeed to Gordon C. Root, Jack B. Root and Wilma.L. Root, recorded under Document Number 99-002709, records of said county, lying in the -southeast quarter of Section 36, Township 1 South, Range 1 West of the Willaxnefte Meridian, more.partiodarly described as follows: Beginning at the northeast corner of said Gordon C. Root, Jack B. Root and Wilma. L. Rooi parcel,.said point being on the westerly right of way line S.W. 68a' Parkway, from said point a 518" iron rod with a no cap bears South 89°48'48" West 0.05 feet; Thence along the easterly extension of the northerly line of said parcel, North 89°48'48" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W. 6e Parkway, Thence parallel with said centerline, South 00°03'44" East 101.71 feet to the easterly extension of the south line of said Gordon C. Root, Jack B.' Root and Wilma L.'Roat parcel; Thence along said easterly extension North 89°59'58" West 5.00 feet to the westerly right of way line of said S.W. 68'h Parkway; Thence along said westerly right of way line North 00'03'44"West 101:.69 feet to the point ofbeginn ~g. The above described tract contains 508 square feet, more or less. The basis of bearings for this description is between found monuments along the noiderly line of said Gordon C. Root, Jack B. Root and Wilma L. Root parcel, per survey number 30,016, on record *i'A'the. yr'asb ugtori .1ia'%wt?r ;"zr°,reyer' ; V ee. w t EXHIBIT B -3 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION A 5.00 FOOT WIDE RIGHT OF WAY VACATION FOR TAX LOT 6700 AND 6800 MAP 1S136DD CITY OF TIGARD, WASHINGTON -COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF :1 FOUND 5/B" IRON ROD WITH ' RED PLASTIC CAP STAMPED i "WlMc. LS 808% PER SURVEY NUMBER 25,380 POINT OF BEGINNING BA5IS OF BEARINGS 1 PER SURVEY 130,016.. t N894848 'E N89'48'48"E 89.95' I 5.00! . FOUND 5/8' IRON ROD .WITH ND CAP 35.00 PER OREGON STATE HIGHWAY ► , DEPARTMENT M0 98-•-11--17 ~ ~0 ! BEARS N89'48'48"E 0.05' TO EXISTING CORNER OF TAX LOT 6100 TAX LOT 6700 & 6800 °i DOC 199002709 RIGGHT-OF : WAY VACATION 0. ca I a ~ ~ AREA = ±508 SQUARE FEET SCALE 1as 30 FEET rzil~ cn co z = - ~ 1 TGt~i~l YfYiYp 1 " CL I F-~ 9 59'58"W REGISTERED S89'59'58"E ``'I PROFESSIONAL I 35.00' LAND SURVEYOR OREQ0N . -CURVE TABLE ' aurr ,s, 2DOZ CURVE LENGTH RADIUS .'DELTA CHORD CHORD BEARING CLINTON H. STUB BS JR. • 55469LS - Cl 39.25' 25.00' 89'5111" 35.34' S45'02'1 94E RENEWAL DATE: 06/30/06 C2 39.25' 25.00' 89'57'11" 35.34' N45'02'19"W PREPARED FOR: JOB NAME: DARTMOUTH ST. SPECHT DEVELOPMENT, INC JOB NUMBER: 56 JNORTHWEST BEAVERTON O F30X 7177 , 970 15400 SW MIWKAN WAY NUMBER: 56DEDICATIONS PHONE: 503-548-212 BEAVERTON, OR 97096 DRA'MNG FAX:.503-848-2179 DRAWN BY: CHS EMAIL: nwsurveying@verizon.net JRVEYING, Lac CHECKED BY:. •CHS l~~emexT.~ Page l of 1 Prepared By. NORTHWEST SUR- WY NG,'LLC PO Box 71.77 Beaverton, OR 97007 503-848-2127 LPiGAL DRSCRIPTION FOR. S.W. dM PARKWAY RIGHT OF WAY VACATION TAX LOT # 5640, MAP IS136DD Real Properly situated in the City of Tigard, Washington County, Oregon, being a portion of that parcel as described in cleed to Gordon C. R. opt, TackB. Root and Wilms L. Root, recorded under Document Number 98-056127, records of said county, lying in the southeast quarter ofSeciion3b, Township 1 South, Range 1 West of the Willamette Meridian, more particularly described as follows: Beginning at the northeast corner of said Gordon C. Root, Tack B. Root and Wilma L. Root parcel, said point being on the westerly right of way line S.W. 68h Parkway, and being marked by a 518" iron rod with a no cap, Thence along the easterly extension of the northerly line of said p arcel,. S outh 89".59'58 East 5.00 feet to a point 35.00 feet measured at right angles fr oro the centerline ofsaid S .W. 68'' Parkway, Thence parallel with said centerline, South 00°03'44" East 71.45 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 36°52'1.2"; along chord bearnig South 18°2222" West 1.5.81 feet, and a length of 15.09 feet to the westerly right of way line of said S.W. 6e Parkway; Thence along said westerly right of wayline North 00*03144" Vest 86.46 feet to the point ofbegim mg. The above described tract contains 408 square feet, more or less. The basis of bearings for this description is between found monuments along the northerly.line of said Gordon C. Roof, Jack B. Root and Wilma L. Root parcel, per survey number 30,016, on record with the Washington County Surveyor's Qkflea. EXHIBIT B-4 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP IIS136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST' 5, 2005 PAGE 1 OF I POINT OF t BASIS OF BEARINGS I BEGINNING { PER SURVEY # 30,016 i S8959'58"E S89'59'58"E 89,99" 5.00' FOUND 518" IRON ROD t 35.00' WITH NO CAP, PER ~ - 40•QO' i SURVEY NUMBER 19,416 { co (a Lo TAX LOT 6600. cDlr - r - to DOC# 98-056127 - l°a r' RIGHT-OF-WAY VACATION 41x a t AREA = ±408 SQUARE FEET" ~l. c> C D_{ 5.00' FUTURE Ldl X5;00' RIGHT OF WAYt DEDICATION i c~ ' t ~)z I 1 SCAIJa 1" = 30 FEET C2 l L=9.32' a Q ~t34,Q . 40.00' R=25.00' 47.00 REt;1STEREp PROFESSIONAL LAND SURVEYQR y t OREGON N CURVE TABLE JA62Y 15', 2002 CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CLINTON H. STUl18S JR. Cl 16.09' 25.00' 3652'127'1- ~ 15.81' S1 8'22'22"W 55469LS RENEWAL DATE: 06/30/06 C2 9.32' 25.00' 21'21'15" 9.26' N4729'05"E PREPARED FOR: JOB NAME., DAR1 iflUTH ST.. C PO BOX AVER-TON, OR797007 ' SpECHT DEVELOPE~ENT, IN c JOB NUMBER: . 56 NORTH-WEST 1 RE 15400 5W MILLIKAN WAY PHONE. 503-848-2127 BEAVERTON, OR 97006 DRAWING. NUMBER: 56DEDICATfONS 1=Ak 503-848-2179 EMAIL: nwsurveying@verizon.net DRAWN B` . CHS S URi/I PING, LLC CHECKED BY. CHS r° E1 IT A g-5 Page 1 of 1 Prepared By; NOPTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR97007 503-848.2127 LEGAL DES CRYPTION FOR S.W. DARTMOUTH STET AND S. V. 69TR AVENUE RIGHT,OF WAY VACATION TAX LOT # 6300, MAP 1S136DD Real Property situated in the City, of Tigard, Washington. County, Oregon, being a portion of that parcel as' described in deed to Gordon C. Boot, Jack B. Root and Wilma L. Root, recorded under Document Number 98-056127, records of said county, lying in the southeast quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, more particularly described as follows: Beginning at the southwest comer of said. Gordon C. Root, Jack B. Root and Wilma L. Root parcel, said point being on the .easterly right of way line S.W. 69' A.ven'ae, and being marked by a 5/8" iron rod with a no cap; . Thence along the southerly line of said parcel, North 89°50'20" Bast 90.92 feet to apoint 47.00 feet measured at right angles from the centerline of said S.W. Dartmouth Street; Thence along a curve to the right, being a 47.00 foot offset from the centerline of said S.W. Dartmouib. Street and having aradius of 393.47 feet, a delta angle of 9°13'26"; a long chord bearing South 63°11'42" West 63.28 feet, and a length of 53.34 feet to a tangent curve; Thence along said curve to the right having a radius of25.00 feet, a delta angle of 112'09'42"; a long chord bearing North 56°06'44" West X41.49 feet, and a length of 48.94 feet to a point 30.00 feet measured at right angles. to the centerline of S.W. 69t' Avenue; Thence parallel with said centerline of S.W. 69 h Avenue, North 00'01' 53" West 5.14 feet to the point ofbegbmin.g. The above described tract contains 1,755 square feet, more or less. The basis of bearings for this description is between found monuments along the easterly l- e rig~at of way izhe of said S.W. ryec 6x9th AvG~. ue, per -.r if~e . survey number . Z'0,015, on record Washington County Surveyor's Office. EXHIBIT B - 5 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED •WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 'MAP 1S135DD 0 FOUND 518" IRON ROD WITH CITY ' OF TIGARD, WASHINGTON .COUNTY, OREGON YELLOW PLASTIC CAP STAMPED AUGUST 15, 2005 ~RRSURWVESY ,rSaU~a RN~o,©~sfr' . PAGE 1 OF I . POINT OF BEGINNING c FOUND 5/8'. IRON ROD WITH NO CAP ' PER SURVEY NUMBER 19,416 FUTURE RIGHT OF WAY TAX LOT 6300 DEDICATION CD : DOC# 98056127 RIGHT-OF-WAY VACATION ! ¢ , AREA * 1,755 SQUARE FEET m CL ! N8950'20*E 90.92' 30.00' r-~- N00'01'5YW 5.14' 1 6~ 40.00' 47 a.00'. ; t j S 00 SCALE 1" = 30 FEET M-e. 3n 4 w co REGI-STERb PROFESSIONAL LAND,SURVEYOR CURVE TABLE CURVE LENGTH RA,OIUS• DELTA CHORv CHORD BEARING OREGON Cl 6134' 39147' 913'26N 63.28' S6311'42"W a uurr CLINTON HUDBS JR. C2 48.94' 25.00' 1920942# 41.49' N56'0644'W STi1 554691.S C3 160.00' 440,47' 20"48'48" 159.13' N68'34'07"E RENEWAL DATE: 06/30106 C4 2.89' 39147' ..0'25'15" 2.89' N5822'21 HE I]RtPARED FOR: JOB NAME: DARTMOUTH ST, PO BOX 7177 SPECHT QEVELOPMENT, INC JOB NUMBER: 56 N oRTHWEST BEAVERTON, OR 97007 15400 SW MILUKAN WAY NUMBER. 56DEOICATIONS PHONE. 503-848-2127 BEAVERTON, OR 97006 DRAWING FAX: 503=848=2179 S EMAIL, nwsurveying~verixon.net DRAWN BY: CHS URVE # ING, LLC C9ECKED BY. CHS