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Ordinance No. 92-09 CITY OF TIGARD, OREGON ORDINANCE NO. 92 - Oq AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WAY LOCATED ON A PORTION OF SW CORAL STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON✓ n nd GWt Cczrn ea1�.c�d � nc;l WHEREAS, the Tigard City Council initiated this vacation request Coy pursuant to Section 15.08.040 of the Tigard Municipal Code on January 14, 1992; and WHEREAS, This portion of SW Coral Street is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, the purpose for this vacation is to vacate an unimproved portion of SW Coral Street that is no longer needed because access is available to all abutting properties; and WHEREAS, the vestee of this property, Progress Graphics, Inc. supports this vacation; and WHEREAS, the vacation has been initiated by the City Council and has been recommended by the Community Development Department; and WHEREAS, the City of Tigard (Grantor) has granted a revocable easement which conveys to Progress Graphics, Inc. (Grantee) the right, privilege, and authority of Grantee to construct and install improvements approved in City of Tigard Community Development file No. SDR 91-0011 along the full width and length of the area of this vacation;, and WHEREAS, Columbia Cable has requested that the City retain a utility easement within the area to be vacated; and WHEREAS, all affected service providers, including utility companies and emergency services, have reviewed the vacation proposal and have no objeceions; 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 II WHEREAS, in accordance with TMC 15.08.040, the Recorder posted notice in the area to be vacated and published notice of the public hearing; the owners of the majority of the area affected have not objected in writing; and WHEREAS, the Council having considered the request on March 24, 1992, finds that it is in the public interest to approve the ORDINANCE NO. 92-0c1 Page. 1 ` REAM RECORDED DOCUMRU TO: CITY RECORDER, TIGARD Pb BOX 23397 TIGARD OR 97223 :request to vacate that certain portion of public street right-of- way for SW Coral Street because the public interest will not be ® pro,j uui�:Gu by Vtte vacation as provided by ORS 271.120 and TMC section 15.08.130 NOW THEREFORE, BE IT RESOLVED by the Tigard City Council that: 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 (vicinity map) , Exhibit B (revocable easement), Exhibits C (legal) and D (map of area to be vacated) 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) A utility easement be granted for the entire portion of the vacated area except that portion which is within the footprint of the existing building. 2) The revokable easement, which was granted by the City shall be extinguished simultaneously with the recording of this street vacation. SECTION 3 T a dL l s c L•_ _ L•l' i.L� sJ.�de after i enaetimen- i.L i La bJ h tv cSYl =-_ gerveyer•• PASSED: By vote of the Council members present after being read by number and title only, this 24th day of March. 1992. �eatl���, CatherineWity ecorder APPROVED: This day of d r�'Z/1 1992z '�Jhn SGhwa�t- C(xx/��lC �reSit�8M7�' ( ORDINANCE NO. 92-� Page 2 Approved as to forma ,, , n, City At/ rney /aLl1ga- Date rg\coral.ord ORDINANCE NO. 92 Page I z old - �IA I-Ti L 04 w -- as o N ` dC.r. .Q C14 C7 air vi Lfj 1 EASEMENT KNOW .ALL MEN BY THESE PRESENTS, that the City of Tigard, a municipal corporation ("Grantor") in consideration of the sum of $1.00 and other property or value given which is part of the consideration, conveys to Progress Graphics, Inc. , an Oregon corporation ('Grantee") a perpetual easement over and along the full width and length of the premises described as follows, to wit: 1. Legal description is set forth in Exhibit "A" attached hereto, and incorporated by reference herein; and 2. A map of the above legal description is set forth in Exhibit "B" and incorporated by reference herein. The terms, covenants, and conditions of the easement are as follows: 1. The easement shall be for the right, privilege, and authority, of Grantee to construct and install improvements approved in City of Tigard Community Development file No. SDR 91-0011. 2. In the event the easement is not used by Grantee for a period of three (3) years or is abandoned by Grantee, then it shall revert back to the Grantor, its successors and/or assigns, and Grantee shall upon request execute a recordable document evidencing such reversion. 3. Grantee shall defend, indemnify and hold harmless Grantor, its successors and/or assigns, from loss, claims or liability of any nature, including injury to person or property, arising in any manner out of use of the easement by Grantee, its agents, employees or subcontractors. Grantee assumes all risk arising out of its use of the easement and Grantor shall have"no liability to Grantee or others from any condition existing thereon. 4. Grantee, upon the initial installation, and upon each and every occasion that the same be repaired, replaced, renewed, added to, or removed, shall restore the premises of the Grantor, and any improvements disturbed by Grantee, to as good condition as they werepriorto any such work, including, but not limited to, the restoration of any topsoil, lawn, and nursery stock of like kind and quality, subject to reasonable substitution as may be necessitated by obstruction or interference with the use granted herein. Grantee further agrees to maintain `the easement at its expense. • 1 = EASEMENT } 5. This easement is revocable by Grantor upon written notice delivered to Grantee at the following address; Progress Graphics, Inc. c/o Robert F. Blackmore Dunn, Carney, Allen, Higgins & Tongue 851 S.W. Sixth Avenue Portland, Oregon 97204 6. Within 180 days after the date of written notice of revocation, the Grantee shall remove all iraprovements within the premises described in Exhibit "A," and restore the premises to its original condition subject to satisfaction of Grantor. 7. This easement is granted subject to all prior easements or encumbrances of record. 8. Grantee acknowledges that any improvements made in this easement are made at Grantee's risk and removal of said improvements shall be at Grantee's cost. 9. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES.. IN WITNESS WHEREOF the undersigned Grantor has executed this easement, this day of ' ����t �-� , 1992. CITY OF TIGARD, a municipal corporation Grantor• 2 - EASEMENT E'xrS;btr �� STATE OF OREGON } }ss. County of�1,C��,t �:A } ij On this a 1. day of 1992, before me, a a y public in_and fox said Co my and St e, personally appeared I� known to me to be the person whose a name subscribed to the ithin instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on the day and year above written. Y PUBLIC OF QREGON ,,._ (NOTARIAL SEAL) idy Commission expires• .� IU�7� APP�20VED AS TO �r.�,,.i THIS LEY ta NOTi„iY PU��I+;•0?EGON DAY OF e �. 1992. COIAMISSION NO.006M My r N EXPIRES MAY a 1993 4Tithy V. R mis, City Attorney City of Tigard, Oregon APPROVED AS TO LEGAL DESCRIPTION THIS 7A DAY OF __. 1992 City Engineer City of Tigard, Oregon ESTER 'TO City ecorder Date AFTER RECORDING, RETURN TO: Progress Graphics, Inc. c/o Robert F. Blackmore Dunn,- Carney, Allen, Higgins & Tongue 851 S.W. Sixth Avenue, Suite 1500 Portland, Oregon 97204 3 - EASEMENT E imrr "r\" along the tlortlt line of Lot 6 , Block C, LEHMAN A 5 foot strip the Cit ' of Tigard, County of Washington, State ACRE TRACTS, in a distance of of Oregon, described as follows: beginning t ortYl rlyp e north the northwest carnet of said lot; 5 feet to a pint; thence easterly and parallel of an eixtehsion line of said lot to a paint which hence southerly a distance of oaf the east lot lice of said lot; a point which is the lineacornerst o of saidlottosaid the point g feet to thence westerly' along the north to of beginning. 4 9 �,. ro- • T . SZ BBI LD ING : ENCOA.0 NT W. B .AssIMS x Va. ENGIN. S 4230 N.E. FREMONT ST. t ` PORTLAND OREGON 97213 � ` PHONE s f 1503) 204-8896 FTSKIF RESOLveo: R.M. 12EGigEDDRAWN: R.T. P�tQFE_ a�ry°L � JO® No. sl-2,o LAND SURVEYOR Z N i lzu JULY/8,:460 QAVID W. MILLS 01915 ®Ofd/�Z MOTE: I5A5EQ ON C5-11417 MO L 1 A8 I L ITT TAICIrN FOR ACCURACY OF 5AIV SURVEY. . b+N �. SW CORAL ST . y r :GONG ATE 51QEWALI4: r r �_:°. ..;:" _ 4a5— — 5' t'ROFOSi<Q 5' EASEMENT — 9 2.5' 1 TAX LOT 4601 BUILDING MAP 15 1 26 QC "0GRE35'QRAPN1C5 D d EXHIBIT "C" LEGAL DESCRIPTION OF AREA TO BE VACATED A 5 foot strip along the north line of Lot 6, Block C, LEHMAN ACRE TRACTS, in the City of Tigard, County of Washington, State of Oregon, described as follows: beginning at a point which is the northwest corner of said lot; thence northerly a distance of 5 feet to a point; thence easterly and parallel with the north line of said lot to a point which is 5 feet north of an extension of the east lot line of said lot; thence southerly a distance of 5 feet to a point which is the northeast corner of said lot; thence westerly along the north lot line of said lot to the point of beginning. RETAINING FOR PUBLIC UTILITY EASEMENT PURPOSE; the above described tract excepting therefrom that area within the footprint of the existing building. 1 F_ I LO , T 6 BLOCK "C LEHMAN ACRE TRACTS NW 1 /4 SE 1 /4 SECTION 35 T1 S, R1 W, W.M. +� CITY OF _ TIGARD, WASHINGTON COUNTY; OREGON I SCALE 1"=30' I i i m . sd- S.W CORAL ST. NE W PR OPOSED R w U NE ;... � •.CRFTE._. •1k •,�-�"'� '.�, mi"-'�',�"4,i., ''a�,v: ,�'y ;'F ''K'•i: .i.�..•''.c...k,pr^^• i PROPOSED 5' VACATION 5' EXISTING R/W LINE 2.5' BUILDING (PROGRESS GRAPHICS) 4 I: f