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Ordinance No. 04-07 CITY OF TIGARD, OREGON ORDINANCE NO. 04-D7 AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 4,387 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 72°' AVENUE WHICH LIES TO THE SOUTHWEST OF THE BORDERS/BED BATH AND BEYOND COMMERCIAL CENTER, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2004-00001),AND DECLARING AN EMERGENCY. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on May 1 lt", 2004, and has been recommended by the Community Development Department; and WHEREAS, the approximate 4,387 square foot portion of the public right-of-way had previously been dedicated to the public; and WHEREAS,the applicant has requested that the City of Tigard vacate an approximate 4,3 87 square foot portion of public right-of-way as described in Exhibits "A-1, A-2, A-3" and shown in Exhibits "B-1,B-2,B-3" better known as SW 72nd Avenue; and WHEREAS, the said portion of public right-of-way is no longer necessary because of the realignment of SW 72'd Avenue in conjuntion with the new Bridgeport Village conunercial center; and WHEREAS,the City will no longer have maintenance responsibility of this area; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have provided no objections, provided the existing 50-foot-wide utility easement is extended to cover utility lines within the vacated area; 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 July 13, 2004, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the vacation of said public right-of-way is imperative to the success of the redevelopment of the Durham Quarry site for the niixed-use"Bridgeport Village"project. ORDINANCE NO.04^� Page 1 of 2 i:lcurpinlrnathewlVAC\VAC2004-00001.ord(public hearing) NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 4,387 square foot portion of public right-of-way as shown and described in the attached Exhibits "A" and "B" (legal descriptions and maps of the areas to be vacated), and by this reference,made part thereof. SECTION 2: An emergency is declared as the redevelopment of the Village.hui restaurant is contingent upon the realigzunent of SW 72"d Avenue and the relocation of the Village Inn restaurant in a prompt malmer to enable the Village Irur to reopen at the earliest date possible; and the street vacation approved herein is necessary to accom nodate the realignment and relocation of these facilities; therefore, this ordinance shall take effect inunediately upon passage. PASSED: By,(Agdnimow°vote of all Council members present after being read by number and title only, this /3t-" day of J-i _ 12004. J e McGarvin,Deputy City Recorder APPROVED: By Tigard City Council this �ay of 17a& ,2004. 1"S rai Dirlcsen, Mayor Approved as to form: City Atto — -7 3/'Vy Date ORDINANCE NO.04-A!7— Page 2 of 2 i:lcmpinlinathew1VAC\VAC2004-OOOOI.ord(public healing) EXHIBIT A-I QL D 4r 3300 NW 211 t'Terrace Hillsboro, OR 97124 P 503.858.4242 F 503.645.5500 DESIGN GROUP,INC. www.ldrdesign.com "AREA NO. G" March 15, 2004 Legal Description A portion of the Northeast % of Section 13, Township 2 South, Range 1 West, Wiiiamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East 4 Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the North line of the Southeast % of said Section 13, N88"50'31"W, 1300.21 feet to the True Paint of Beginning; thence continuing along said line, N88°50'31"W, 47.81; thence leaving said line, along a line parallel with and 20.00 feet distant and Westerly from the Centerline of S.W. 72"a Avenue, N01°39'53"E, 27.25 feet; thence leaving said line, along the arc of a.35.00 foot radius non-tangent curve concave to the Southwest, through a Central angle of 41046'45" (Chord bears S71"21'03"E, 24.96 feet) a distance of 25.52 feet to a point of tangency; thence S50°2742"E, 25.83 feet to a point of curvature; thence along the arc of a '18.00 foot radius curve concave to the Southwest, through a Central angle of 16°18'44" (Chord bears S42-1 8'26-E, 5.11 feet) a distance of 5.12 feet to the North line of the Southeast%of said Section 13 and the True Point of Beginning. Containing 846 Square Feet(0.019-Acres). The Basis of Bearings is S88°50'31"E along the North line of the Southeast i/ of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL ANDS VEYOR REGON JULY 11. 2000 CINDY A. HALCUMB 58928 LS EXPrR, TON 06/30/05 EXHIBIT A-2 3300 NW 2111'Terrace CLD CC-- Hillsboro, OR 97124 P 503.858.4242 F 503.645.5300 DESIGN GROW,INC. www.ldcdesign.com "A.REA. NO. 9" March 15, 2004 Legal Description A portion of the Northeast '/ of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the South line of the Northeast % of said Section 13, N88050'31"W, 1282.844 feet; thence leaving said line, N01°09'29"E, 20.00 feet to the Southwest Comer of that Tract of Land described in deed to Bridgeport band LLC, recorded in Document Number 97061240, Washington County Deed Records; thence along the West line of said Tract of Land, N01°39'53"E, 35.80 feet to the True Point of Beginning; thence leaving said line, N5002742"W, 26.77 feet to a point of curvature; thence along the are of a 35.00 foot radius curve concave to the East, through a Central angle of 75°1447" (Chord bears N12°50'18"VII,42.73 feet).a distance of 45.97 feet to a point of reverse curvature; thence along the arc of 471.00 foot radius curve concave to the Northwest, through a Central angle of 13°57'54" (Chord bears N17°48'09"E, 114.52 feet) a distance of 114.80 feet to the West line of said Bridgeport Land LLC Tract of Land; thence along said line, S01 039'53"W, 167.81 feet to the True Point of Beginning. Containing 2,965 Square Feet(0.058 Acres). The Basis of Bearings is S88°50'31"E along the South line of the Northeast '/ of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL ND SVPVEYOR t R G N JULY 11, 200oY A. HALCt3MS 58928 LS EXPIRA'T'ION 06/30/05 T EXHIBIT A-3 LDC 3390 NW 291 Terrace Hillsboro, OR 97124 P 503.858.4242 P 503.645.5500 DESIGN GROUP,INC www_ldcdesign.com "AREA NO. 25" February 15, 2004 Legal Description A portion of the Northeast '/ of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the North line of the Southeast '/ of said Section 13, N88-50'31"W, 1348.02 feet to the True Point of Beginning; thence continuing along said line, N88050'31"W, 25.00; thence leaving said line, along a line parallel with and 45.00 feet distant and Westerly from the Centerline of S.W. 72nd Avenue, N01 39'53"E, 14.35 feet to a point of non-tangent curvature; thence leaving said line, along the arc of a 35.00 foot radius curve concave to the Southeast, through a Central angle of 4734'30" (Chord bears N63'56'19"E, 28.23 feet) a distance of 29.06 feet to a point of non-tangency; thence along a line parallel with and 20.00 feet distant and Westerly from said Centerline, S01 039'53"W, 27.25 feet to the True Point of Beginning. Containing 576 Square Feet(0.013 Acres). The Basis of Bearings is S88°50'31"E along the North line of the Southeast Y of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL AND S RVEYOR OREGON JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 EXHIBIT B-1 VICINITY MAP NOT TO SCALE OGIS W .5 :2! SW 1� IT W Q- FINOLA YSI > ST �1 3w OR�p a co 130ONESCI L FERRY RD CDUNS N VIEW ACRE 31 32 33 13 92 FOUND 3/4" IRON PIPE FOUND ` BRAS5 RECOGNIZED CENTER DISK IN ON BOX OF SE07ION 13 BASIS OF BEARINGS – SN 2948 EAST 1 CORNER i S88' 0131"E 2 56. 8' OF SEC ON 13 N88 50'31"W 1 MOM` P_0.B JEAN ROAD 82- AREA 846 SF TUALATIN (0.019 AC) VALLEY HOMES I / 83 1 f 1 - . \ 0� TABLE REGISTERED �G LINE LENGTH BEARING PROFESSIONAL Ll 4781' N8650.31"W ND 5 RVEYOR /�• L2 27.25' NO 1'39',53"E i 5 L3 25.83' S502742"E \ 1 CURVE TABLE LY 11. 0 J0 / NO LENGTH RADIUS DELTA' CHORD BEARING CINDY A. HALCUMB Cl 25.52' 35.00' 41'4645" 24.9,6' 57121'03"E 58928 LS xi C2 5.12' 18.00' 167844 5.11' S42'18'26"E EXPIRAMON 06/30/05 ,.r.ea anwre a� OPUS NORTHWEST JF7) a AREA NO. 6 2751 —IM sw MOA MAX4l-1] JI-1E NDRIHEASTJ f-4�.�SECEO61� PORUMD, OREGON 97205 1w (503) 916-8953 .Z17h ice T. 2S., R. 1 W., W.M. w vm MU-MR0,o&OW 97124 WASHINGTON COUNTY, OREGON 1 PHON%1:0 958-4242 FA1C(b03)945-5500 ¢ wn'N.]dcdee .Mm 27E15A6D1M0 3/16/04 CAH � EXHIBIT B-2 VICINITY MAP 0 TO SCALE z ck 0 �iSITE YOR.�� 5 1ST.kQ r, 3sw LOWER 3r� 040�'U co BOONES FERRY RD 4oy R/W1 RELINQUISHED Q PER DOC. NO. 43 (f{}UNGILAGR�S � 8�-034659 vlEw vE 31 32 33 �.�v4 34 12 �'� C :� BR1DGFPORT .� aD LAND LLC F0f1NA io IRON PIPE o m 97 61240 FOUND 2" BRASS RECOGNIZED CENTER DISK IN MON BOX OF SEC71ON 13 {rj AREA EAST 1/4 CORNER 50'77'42-If 2,968 SF OF SEC77ON 13 26.77 (0.068 AC) 140139'53"El 35.80' 1 JEAN ROAD) No1ros 290E 20.00' N8850'31"W 1282.84' f BASIS OF BEARINGS — 29487 / � S88 x0'31`E 2656.38' l / REGISTERED �0 PROFESSIONAL do [LAND WRVEYOR OREGON CURVE TABLEJULY 11, 2000 NO LENGTH RADIUS DELTA CHORD BEARING CINDY LCUMB 588 9288 LS Cl 4.5.97' 35.00' 7514'47' 42.73' N125018"W EXPIRATION 06/30/05 02 114.80' 471.00' 1357'54" 114.52' N17'48'097 OPUS NORTHWEST Ek., , AREA NO. 9 2751 -4000-Sw-BROPDWAx,---,urfE-4130 -IN-ME-NOME 1/-4 SECTION 13 _ PORAMI). OREGM 97205D-10rouR�c T 2S., R. iW., W14. co 503 916•-8963 y���,���oME I y WASFiiNGTON GO[1NTY, OREGONPFIM (603}858-424(50.i' 645-55M 27615MAWCt 3/13/04 CAHii wvw.ldede neem EXHIBIT B-3 Y VICINITY MAP : NOT TO SCALE 4Is f w sw D � i�FINDLA 15I c� ST. pR Q 3SW LOWER p co BDONEs LJNCIL 1 FERRY RD C� ACRES CNI VIEW � 31 32 33 13 12 11 FOUND 3/" IRON PIPE FOUND 2" BRASS RECOGNIZED CENTER DISK IN MON BOX OF SEC77ON 13 BASIS OF BEARINGS — SN 29487 EAST 1/4 CORNER Sag-50'31"E 2656.38' OF SECTION 13 i / IN, 7 N88` 0'31-W 1348.02- L JEAN ROAD 82 O.B. / AREA / 576 SF / TUALATI X0.013 AC) VA HOMES I / I / 83 � 1 l \ l QLINE TABLE ZGo LINE LE•NGTN BEARING REGISTERED� L1 25.00' N885a:31"w PROFESSIONAL R�EYOR \ L2 14.35' N0139'53E AND L3 27.25' S013953'W \/ 1/ L-/ 'OREGON CURVE TABLE CINDY A. HALCUMB / NO LENGTH RADIUS DELTA CHORD BEARING 58928 LS Cl 29.06' 35.00' 4734'30' 28.23 N6358'19"E EXPIRATION 06/30/05 i w^ r r,�ase a'ns OPUS NORTHWESTp1 " LDC Engineers AREA NO. 25 2757 1000 STY BROADWAY, SUITE 1130 Sluverors IN THE NORTHEAST 1/4 OF SECTION 13 PORTLAND, OREGON 97205 Design GmuA Inc T 25. R. 1 W. W.M. (503) 916-8963 IUS1 0RN. 21Tih�N 97124 WASHINGTON COt7NTY, OREGON HILL590R0, aREiroF7 97124 PNtlt4E-(503)958-4242 r uc{so3)s4s-5soa 27SISA25M 2/15M C J www.ldedaaion.mn ATTACHMENT 2 BALL JANIK LLP A T T O R N E Y S 101 SOIXFRWE•.ST MAIN STRELLrl', SUITE 1100 PORTLAND, OREGON 97204-3219 www.balljanik.com Kwsm UDvATu TELEPHONE 503-228-2525 kudvari@bjllp.com ALSO ADMITTED IN WASHINGTON FACSIMILE 50$-285-1058 4`4j� March 17, 2004 �.f. BY MESSENGER City Council City of Tigard City Hall 13125 SW Hall Blvd. Tigard, OR 97223 Re: Request to Vacate Portions of Former SW 72nd Avenue Right-of- Dear Dear Council Members: Ball 7anik LLP represents Opus Northwest, L.L.C., one of the developers of Bridgeport Village. As part of the Bridgeport Village project, SW 72nd Avenue is being realigned, as depicted on the attached maps. Therefore, the land underlying the former route of SW 72nd Avenue should be vacated and conveyed to the appropriate property owners. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) depicted on the attached maps are subject to Tigard's jurisdiction. Therefore, pursuant to Tigard Municipal Code Section 15.08, Opus Northwest, L.L.C. hereby requests that the City Council initiate the vacation process for the portions of the former right-of-way of SW 72nd Avenue described in the attached legal descriptions. As required by TMC § 15.08, attached are legal ••nnMATCDOCSTORTLAND144292911 PORTLAND,OREGON WASHINGTON,D.C. BEND,OREGON BALL JANZK LLP City of Tigard March 17, 2004 Page 2 descriptions, maps showing the areas to be dedicated, and a check in the amount of$1,709 for the application fee. Sincerely, stir Udvari KU jmm Enclosures cc: Mr. Matt Scheidegger, City of Tigard Ms. Kim McMillan, City of Tigard Mr. Greg Miller, Washington County Mr. Ken Bauer,Washington County Mr. Mike McKillip, City of Tualatin Mr. Roger Hansen, ODOT Mr. Bruce Wood, Opus Northwest, L.L.C. Mr. Tom Parsons, Opus Northwest, L.L.C. ::ODMA\PCDOCSIPORTLAND144292911 I �U -1A 4 QCITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM LSI V Gly viciNily H" V a sw---- -VAC2004-00001 72ND AVENUE PUBLIC RIGHT-OF-WAY VACATION lL Y LL. W LLJ ' !tl Z QJ < I L a �nxsft Locadon ! a Y ORS ERR Area Berg Yap `tlVLL� S�l �6�M NI7.Q s y4 ;i�• `r 7lgard Area Map i i • N I 0 260 400 600 Feel 1=457 feet cE SW BRIOGEP 6 ti}_„oTga -W KMNY infurm ilon on this map Is forgenaml locailon only and shoutd be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)539-4171 - htV:/Avww.cI,ilGard.or.us Community Development Plot date:Apr 21,2004:CArnagicWAGIC03.APR