Ordinance No. 88-18 CITY OF TIGARD, OREGON
ORDINANCE NO. 88-
AN ORDINANCE VACATING A PORTION OF SW NORTH DAKOTA STREET, A DEDICATED PUBLIC
RIGHT-OF--WAY LOCATED IN THE CII-Y OF 'TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, the City recently completed a capital improvement known as -he SW
115th Avenue/SW North Dakota Street inter-section realignment project; and
WHEREAS, it appears that a portion of Lhe SW North Dakota Street right-of-way
is no longer needed for public purposes as a result of said realignment
project; and
WHEREAS, a vacation request was received and filed with the City Recorder.; and
WHEREAS, the reason and purpose for this vacation is to return a portion of
the SW North Dakota Street right--of--way to private ownership; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; and
WHEREAS, Portland General. Electric, Willamette Cable 'TV and the Tigard Water•
District have expressed an interest in retaining certain easement rights; and
WHEREAS, in accordance with ORS 271.100, thee I'MC Section 15.08- 110, ale
Council fixed a gime and place for the public hearing and the Recorder
published i,,•tice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.080; and
WHEREAS, the Council, having held a hearing on July 25, 1588, finds the public
interest will riot be prejudiced by the vacation as provided by ORS 271. 120 and
TMC Section 15.08.130; and
WHEREAS, the Council finds that the following conditions ar•e necessary to
vacate said land:
1. That two separate utility easements be retained over a portion of the area
to be vacated to accommodate the maintenance and operation of existing
utilities. The first easement shall accommodate existing electric and
cable TV services and is described in Exhibit "E3" which is attached hereto
and incorporated by refer-ence herein. The beneficiary of this easement
shall. be Portland General Electric and Willamette Cable TV. Elimination
of said easement shall required the approval of both companies.
The second easement shall accommodate existing domestic water services and
is described in Exhibit "C" which is attached hereto and incorporated by
reference herein. The beneficiary of said easement shall be the Tigard
Water District. Elimination of said easement shall require the approval
of the Tigard Water District. The City shall not retain any interest in
sane easements.
ORDINANCE NO, 88--[
Page 1
j
2. The vacation shall riot be effective until the effective date of this
Ordinance, and a certified copy of this Ordinance has been recorded with
the Washington Country Clerk, Assessor, and Surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: J'he Tigard City Council hereby orders the vacation of a portion of-
SW North Dakota Street as described and shown on the attached
Exhibit "A," and by this reference made part hereof.
Section 2. The Tigard City Council farther orders that the vacation be subject
to the following conditions:
1. That two separate utility easements be retained over a portion
of the area to be vacated to accommodate the maintenance and
operation of existing utilities. The first easement: shall
accommodate existing electric and cable TV services and is
described in Exhibit "B" which is attached hereto and
incorporated by reference herein. The beneficiary of this
easement shall be Portland General Electric and Willamette Cable
TV. Elimination of said easement shall required the approval of
both companies.
The second easement shall accommodate existing domestic water
services and is described in Exhibit "C" which is attached
hereto and incorporated by reference herein. The beneficiary of
said easement shall be the Tigard Waiver District. Elimination
of said easement shall require the approval of the Tigard Water,
District, The City shall riot retain any interest in said
easements.
\.
2. The vacation shall not be effective until the effective date of
this Ordinance, and a certified copy of this Ordinance has been
recorded with the Washington Country Clerk, Assessor•, and
Surveyor.
Section 3: This Ordinance shall be effective on the 31st day after its
enactment by the City Council and approved by the Mayor, subject to
the terms and conditions included within the Ordinance.
PASSED: ray G} ti11�?US`.... _ vote of all Council members present
after Bing read by number and title only, this C Sj _ day
of 1988.
r
C- herine �Jheatley, De uty +:ic. Recorder•
APPROVED: This _ (fay of �, 1988.
Thomas M. Brian, Mayor
Approved as to form:
City AtLey��
Date
5914D/ht 1
' ORDINANCE NO. 88-J
,� Page 2
EXHIBIT "A"
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A parcel of land located in the southwest quarter of Section 34, Township 1
South, Range 1 West, Willamette Meridian, City of Tigard, Washington County,
Oregon, being described as follows:
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Beginning at the northwest corner of the J.L. Hicklin D.L.G. No. 54; thence
3
South 89031'53" East, 25.17 feet to the True Point of Beginning; thence South
00014'11" East, 33.19 feet; thence southeasterly on a 20 foot radius curve
concave to the northeast (the chord beards South 244 51128" East 16.66 feet)
17.19 feet; thence northeasterly on a nontangent 46.62 foot radius curve
x,
concave to the southeast (the chord bears North 60030'49" East, 46.56 feet),
48.75 feet; thence North 00028'07" East, 5.0 feet; thence South 89431'53"
East, 27.99 feet; thence northeasterly on a 380 foot radius curve concave to
the southeast (the chord bears North 69001'32" East, 109.46 feet), 109.84
feet; thence northeasterly on a 20 foot radius curve concave to the northwest
(the chord bears North 38039'25" East, 24.98 feet), 26.98 feet to the west
right—of-way line of S.W. 114th Avenue; thence southwesterly on a 15 foot
� - radius curve concave to the northwest (the chord bears South 45014'35" West,
21.30 feet), 23.68 feet; thence North 89031'53" West, 100.88 feet; thence
South 00014'11" East, 10.04 feet; thence North 8903647" West, 29.55 feet; ?'
thence North 00028'07" East, 5.00 feet; thence southwesterly on a 96.62 foot
radius curve concave to the southeast (the chord bears South 75004'01" West, '
49.81 feet), 50.38 feet; thence South 00414'11" East, 11.77 feet to the point
of beginning; containing approximately 6,598 square feet.
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Basis of Bearings and reference survey: C.S. ##22,444.
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EXHIBIT "B"
That tract of land situated in the south half of Section 34, Township 1
South, Range 1 West, Willamette Meridian, City of Tigard, Washington County,
Oregon, described as follows:
Beginning at the northwest corner of the J. L. Hicklin D.L.C. No. 54;
thence on the north line of said Hicklin D.L.C. S 890 31' 53" E 25 feet to a
point; thence N 00 14' 11" W 10 feet to the true point of beginning; thence
N 0° 14' 11" W 10 feet; thence S 890 31' 53" E 17.44 feet to a 96.62 foot
radius non-tangent curve concave to the south; thence easterly on said curve
(the chord of which bears N 810 12' 26" E 31.05 feet) 31.19 feet to a point;
thence S 00 28' 07" W 5 feet; thence S 890 36' 47" E 29.55 feet:; thence N 0"
14' 11'' E 10.04 feet; thence S 890 31' 53" E 100.88 feat to a point of
curvature; thence northeasterly on a 15 foot radius curve concave to the
northwest (the chord of which bears N 450 14' 36" E 21.30 feet) 23.68 feet to
a cusp; thence S 00 28' 07" W 4.35 to a point; of curvature; thence
southwesterly on a 20 foot radius curve concave to the northwest (the chord of
:jhich bears S 360 56' 24" W 25.91 feet) 2.8.18 feet to a point of reverse
curvature thence southwesterly on a 380 foot radius curve concave to the
southeast {the chord of which bears S15° 50' 08" W 19.54 Feet) 19.54 feet to
a paint; thence N 890 31' 53" W 81.39 feet; thence S 00 14' 11" E 5.08 feet;
thence N 890 31' 53" W 77.64 feat to the true point of beginning,
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EXHIBIT "C"
That tract of land situated in the south half of Section 34, Township 1
South, Rn.nge 1 West, Willamette Meridian, City of Tigard, Washington County,
Oregon, described as follows:
Beginning at the northwest corner, of the J. L., Hicklin D,L.C. No. 54;
thence on the north line of said Hicklin D.L.C. S 890 31' 53" E 25 feet to a
point; thence S 000 14' 11" W 8.86 feet to the true point of beginning; thence
parallel to and 8.86 from said D.L.C. line, S 890 31' 53" E 96.76 feet to a
380 foot radius non--tangent curve concave to the southeast; thence
southwesterly on said curve (the chord of which bears S 620 42.' 50" W 21.47
feet) 21.47 feet to a point; thence N 890 31' 53" W 77.64 feet to a point;
thence N 00 14' 11" W 10 feet to the true point of beginning.
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Washington County
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CORRECTION OF SCRIVERNER'S ERROR
EXHIBITS A AND B OF CITY OF TIGARD ORDINANCE NO. 88-18
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The attached Exhibits A and B for Ordinance No. 88-18 have been amended to
correct scrivener's errors. The Tigard City Attorney's office has issued a !
statement advising that these amendments are minor in nature and do not affect
the intent of the Ordinance. Said Ordinance was recorded in the Washington
County Book of Records on September 28, 1988, Document No. 88-4307. The
attached corrected Exhibits A and B are to be recorded with the Washington
County Book of records to reflect the corrections.
Catherine Wheatley, De uty Rec der ,
Dates
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RETURN RECORDED DOCUMENT TO:
CITY RECORDER, TIGARD
>' P 0 BOX 23397
—LIGAR. 0R 97223
ise:,esiur
13125 SW Mall Blvd.,P.O.sox 25397,Tigard,Oregon 97223 (503)639-4171-
- - �"
e CITY OF TIGARD, OREGON 88.43081
i�� ORDINANCE NO. 88- _ Washington County
AN ORDINANCE VACATING A PORTION OF SW NORTH DAKOTA STREET, A DEDICATED PUBLIC
RIGHT-OF-WAY LOCATED IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, the City recently completed a capital improvement known as the SW
115th Avenue/SW North Dakota Street intersection realignment project; and
WHEREAS, it appears that a portion of the SW North Dakota Street right-of-way
is no longer needed for public purposes as a result of said realignment
project; and
WHEREAS, a vacation request was received and filed with the City'Recorder; and
WHEREAS, the reason and purpose for this vacation is to return a portion of
the SW North Dakota Street right-of--way to private ownership; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; and
WHEREAS, Portland General Electric, Willamette Cable TV and the Tigard Water
District have expressed an interest in retaining certain easement rights; and
WHEREAS, in accordance with ORS 271.100, the TMC Section 15.08.110, the
Council fixed a time and place for the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.080; and .
WHEREAS, the Council, having held a hearing on'July 25, 1988, finds the public
interest will not be prejudiced by the vacation as provided by ORS 271.120 and
TMC Section 15.08.130; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land:
1. That two separate utility easements be retained over a portion of the area
to be vacated to accommodate the maintenance and operation of existing
utilities. The first easement shall accommodate existing electric and
cable TV services and is described in Exhibit "B" which is attached hereto
and incorporated by reference herein. The beneficiary of this easement
shall be Portland General Electric and Willamette Cable TV. Elimination
of said easement shall required the approval of both companies.
The second easement shall accommodate existing domestic water services and
is described in Exhibit "C which is attached hereto and incorporated by
reference herein. The beneficiary of said easement shall be the Tigard
Water District. Elimination of said easement shall require the approval
of the Tigard Water District. The City shall not retain any interest in
said easements.
P3.ease: ren oral recorded
ORDINANCE NO. SB-- document to: City Recorder/Tigard
Pte® 1
Tim OR 97223
2, The vacation shall not be effective until the effective date of this
Ordinance, and a certified copy of this Ordinance has been recorded with
the Washington County Clerk, Assessor, and Surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation of a portion of
SW North Dakota Street as described and shown on the attached
Exhibit "A," and by this reference made part hereof.
Section 2. The Tigard City Council further orders that the vacation be subject
to the following conditions:
1. That two separate utility easements be retained over a portion
of the area to be vacated to accommodate the maintenance and
operation of existing utilities. The first- easement shall
accommodate existing electric and cable TV services and is
described in Exhibit "B" which is attached hereto and*
incorporated by reference herein. The beneficiary of this
easement shall be Portland General Electric and Willamette dable
TV. Elimination of said easement shall required the approval of
both companies.
- • The- second•-easement shall accommodate existing domestic water
services and is described in Exhibit "C" which is attached
hereto and incorporated by reference herein. The beneficiary of
said easement shall be the.Tigard Water District, Elimination
of said easement shall require the approval of the Tigard Water
District, The City shall not retain any interest in said t
easements.
2. The vacation shall not be effective until the effective date of
this Ordinance, and a certified copy of this Ordinance has been
recorded with the Washington County Clerk, Assessor, acid
Surveyor.
Section 3: This Ordinance shall be effective on the 31st day after its
enactment by the City Council and approved by the Mayor, subject to
the terms and conditions included within the Ordinance,
PASSED: By unQ.mloU6 vote of all Council members present
after eing read by number and title only, this day
of � 1988.
f�✓�Pll,i.k,p A
Ckherina Wheatle,D uty CW4 Recorder
APPROVED: This day of � 1999,
Thomas M. Brian, Mayor
Approved as to f rm:
r 4 •
City Att r ey
-STATE OF OREGON -
County of Washington
CIEX o•f Tigard 7 !
I, CPTHERINE WHEATLEY, HEREBY CERTIFY THAT I am the duly appointed, qualified
and acting Deputy City Recorder of the City of Tigard, Oregon,
I ,gther certify that I have compared the herewith copy of ORDINANCE
NO.9if Of the City of Tigard with the original in my possession as
custodian of the official records of the City of Tigard, and that the herewith
copy is a correct transcript of ORDINANCE N0, &E ,
IN WItNESS WHEREOF, I have h reurft set my hand and seal of the City of Tigard
this f day of jA&j, Ig
OeputY City Recorder
EXHIBIT "A"
A parcel of land located in the southwest quarter of Section 34, Township 1
South, Range 1 West, Willamette Meridian, City of Tigard, Washington County,
Oregon, being described as follows:
Beginning at the northwest corner of the J.L. Hicklin D.L.C. ado. 54; thence
South 89031'53" East, 25.17 feet to the True Point of Beginning; thence South
00014'11" East, 33.19 feet; thence southeasterly on a 20 foot radius curve
concave to the northeast (the chord bears South 24051'28" East 16.66 feet)
17.19 feet; thence northeasterly on a nontangent 46.62 foot radius curve
concave to the southeast (the chord bears North 60030149`° East, 46.56 feet),
46.75 feet; thence North 00028'07" East, 5.0 feet; thence South 89031153"
East, 27.99 feet; thence northeasterly on a 380 foot radius curve concave to
the southeast (the chord bears North 69001'32" East, 109.46 feet), 109.84
feet; thence northeasterly on a 20 foot radius curve concave to the northwest
(the chord bears North 3803925" East, 24.98 feet), 26.98 feet to the west .
right-of-way line of S.W. 114th Avenue; thence North 00028107" East, 5.54 '
feet; thence southwesterly on a 15 foot radius curve concave to the northwest
' (the chord bears South 45014135" West, 21.30 feet), 23.68 feet to the 'Sou*
line of Lot 1, Winters Addition, a recorded plat, Washington County 'PIa"t'
Records; thence North 89031'53" West, 100.88 feet to the southwest corner of
said Lot 1; thence South 00014'11" East, 10.04 feet; thence North 89036'47`h
West, 29.55 feet; thence North 00028107" East, 5.00 feet; thence southwesterly
o.; a 96.62 foot radius curve concave to the southeast (the chard bears South
75034'40" West, 49.66 "Feet), 50.22 feet; thence South 00014111" East, 12.23
feet to the true point of beginning; containing approximately 6,598 square
feet.
Basis of Bearings and reference survey: C.S. #22,444.
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EXHIBIT "B"
That tract of land situated in the south half of Section 34, Township 1 South,
Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon,
described as follows:
Beginning at the Northwest corner of the J.L. Nicklin D.L.C. No, 54; thence
South 890 31' 53" East 25 feet; thence North 000 14' i1" West, 10 feet to the
True Point of Beginning;; thence North 000 14' 11" West, 2.23 feet to a
nontangent 96.62 foot radius curve concave to the Southeast on the North
right-of--way line of S.W. North Dakota Street; thence Northeasterly on said
curve (the chord of which bears North 750 04' 01" East, 44.81 feet), 50.38
feet; thence South 000 ?8' 07" West, 5.0 feet; thence South 890 36' 47", 29.55
feet; thence North 000 14' 11" East, 10.04 feet to the Southwest corner of
Lot 1, Winter's Addition, a recorded plat, Washington County Plat Records;
thence South 890 31' 53" East on the South line of said Lot 1, 100.88 feet;
therice Northeasterly on a fifteen foot radius curve concave to the Northwest
(thy: chord of which bears North 450 14' 35" East, 21.30 feet), 23.68 feet to
the West right--of-way line of S.W. 114th Place; thence South 000 28' 07" West,
y 5.54 feet; thence Southwesterly on a 20 foot radius curve concave to the
Northwest (the chord bears South 380 39` 25" West, 24.98 feet), .26.98 feet to
a point of reverse curvature; thence Southwesterly on a 380 foot radius curve
concave to the Southwest (the chord bears South 750 49' 33" West, 19.57 feet),
19.57 feet; thence North 890 31' 53" West, 81.32 feet; thence South 000 14'
11" East, 5.08 feet; thence North 890 '31' 53" West, 77.68 feet to the True
Point of Beginning.
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aoo•0ila'e Ia7na
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11.5 liI ` _ ......
_ 0 316.30
613, 63.33 67.41 nL+ e35
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ag LO a� o'v, 0 n0 ng
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'00 100 -- 95 100 xx
70 M 70 73
w �' 4 H0.S 49 MDQ O O
O 0 0
bo = N = W A
43.3. 63.35 6333
3Ci. rR S a A D DI
4.60 it
70 70 6'sa
- S.W.TRacT "a'_114 th ,. PLt CC
- =4• "_—
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3or;a 1 61 X
ry
1q.611
n
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`l CJA m
STATE OF OREGON U >`
County of Washington SS
1,Donald W.Mason,director of Assessment
arks Taxation zder of Con-
- voyances for4=0=003_00,1Certify that -
the withm¢ rildnt ot1H� s reroived
and racer .flibp�iAt+;t aids oP,^' county.
�Q 1t7",Vlf &4 tn' or of 1
7 itbr5 an, Ex-
Doc 89017700
Rect: 8364 6r.Oo
04/21/1989 !1:52,30AM
'E: 1