Ordinance No. 94-02 CITY OF TIGARD, OREGON
ORDINANCE NO. 94- 0
AN ORDINANCE CONCERNING THE VACATION OF: 1) A PORTION OF SW 79TH
AVENUE, BEGINNING WITH THE INTERSECTION OF SW 79TH AVENUE AND SW
PACIFIC HIGHWAY AND CONTINUING TO THE SOUTHEAST TERMINUS OF SW 79TH
AVENUE, 2) THE SUBDIVISION PLAT TWIN OAKS LANE RECORDED IN PLAT
BOOK 12 PAGE 18 WASHINGTON COUNTY RECORDS, AND 3) AN UNNAMED 20
FOOT WIDE RIGHT-OF-WAY LOCATED IMMEDIATELY TO THE EAST OF SW 79TH
AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, the Tigard City Council initiated this vacation request
pursuant to Section 15.08.040 of the Tigard Municipal Code on
November 23, 1993; and
WHEREAS, this portion of SW 79th Avenue 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 a portion of SW
79th Avenue that is no longer needed for public use and because all
abutting tax lots have been consolidated; and
WHEREAS, this 20 foot wide roadway is a dedicated public right-of
way for the subdivision plat Palmer Acres; and
WHEREAS, the purpose of this vacation is to vacate the 20 foot
right-of-way for the subdivision plat Palmer Acres that is no
longer needed because all abutting tax lots have been consolidated;
and
WHEREAS, this subdivision plat Twin Oaks Lane is a legally recorded
subdivision plat, Book 12 Page 18 Washington County Records; and
WHEREAS, the purpose of this vacation is to vacate the subdivision
platTwinOaks Lane that is no longer needed because of a lot
consolidation in conjunction with the development of a Costco
-Wholesale store; and
WHEREAS, the adjacent properties support this vacation; and
WHEREAS, the vacation has been initiated by the City Council and
approval has been recommended by the Community Development
Department; and
WHEREAS, all affected service providers, including utility
companies and emergency service providers, have reviewed the
vacation proposal and have no objections; and
WHEREAS, notice has -been mailed to all property owners abutting
said vacation area and all property owners in the affected area, as
described by ORS -271.080;- and
WHEREAS, in accordance with Tigard Municipal Code 15.08.040, the
Recorder posted notice in 'the area to be vacated and published
ORDINANCE No. 914- CJS-
Page ,-I,
4otipe of the public hearing; 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
November 23, 1993, finds that it is in the public interest to
approve the request to vacate that certain portion of SW 79th
Avenue, an unnamed 20 foot wide right-of-way, and subdivision plat
Twin Oaks Lane because the public interest will not be prejudiced
by this vacation as provided by ORS 271.120 and TMC section
15.08.130.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation
of that certain portion of SW 79th Avenue, an
unnamed 20 foot wide right-of-way, and subdivision
plat Twin Oaks Lane as shown and described on the
attached exhibit A (map and legal description of
area to be vacated) and by this reference made part
there of.
SECTION 2 : The City Council further orders that the vacation
be subject to the following conditions:
1. This vacation shall take effect upon evidence,
in the form of title transfer instruments or
warranty deeds, that Costco Wholesale is the legal
owner of all the affected tax lots (lots 2300 -
4100) within Twin Oaks Lane Subdivision Plat.
SECTION 3: This ordinance shall be effective 30 days after its
passage by the Council, approval by the Mayo:, and
posting by the City Recorder.
PASSED: -By MO_j®ri� u vote of all Council members
present aafter Bing ready number and title only,
this 91zh- day of Q � 1994.
�z 4 erin Wheatley, City corder
APPROVED: This
D day o 1994.
1d-R. Edwards Mayor
Approved as to form:
Cit A Corney
Dots
ORDINANCE No. 94-p
Page 2
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EXHIBIT A
DESCRIPTION FOR VACATION OF 79TH AVENUE (TWIN OAKS LANE)
A tract of land situated in the Southeast one-quarter of the
Southwest orae-quarter of Section 36 Township 1 South, Range 1 West,
Willamette Meridian, Washington County, Oregon, described as
follow;
Commencing at the 2 inch iron pipe set at the initial point of the
Plat of Twin Oaks Lane, Recorded in Book 12 Page 18 of the
WashingtonCounty Plat Records; thence N 90° 00, 00" E a
distance of 321.86 feet to the southeast corner of said plat;
thence N 010 44' 40" W along the east line of said plat a distance
of 142.19 feet to the True Point of Beginning; thence S 74° 00'
30" W a distance of 133.51 feet to the point of curve; thence along
said curve to the right with a radius of 72.00 feet and a delta of
113° 23' 30" (chord which bears N 490 17' 45" W, 120.45 feet) a
distance of 142.49 feet to a point of tangency; thence N 070 24'
0011E a `distance of 71.68 feet; thence a 160 04' 20" E a distance
of;94.00 feet,.- to the point of curve; thence along said curve to
the left with a radius of 250.00 feet a delta of 360 37' 00" (a
chord which bears N 020 14' 10" W, 157.06 feet) a distance of
159.77 feet, to the point of tangency; thence N 20° 32' 40" W a
distance of 57.00 feet, to a. point of curve; thence along said
curve to the right with a radius of 169.00 feet and a delta of 369
52' 00" (a chord which bears N 020 0614011 W, 106.88 feet) a
distance of ;108.76 feet, to a"point of tangency; thence N 16 19'
20"` E a distance of 88.00 feet to a point of curve; thence along
said curve to the left with a radius of 70.00 feet and a delta of
130 06' 45" (a chord which bears N 090 45' 57" E, 15.98 feet) to a
point of compound curve; thence along said curve to the left with
a-radius of 15.00 feet and a delta of 1320 461 24" ( a chord which
bears N 610 17' 28" W, 27.49 feet) •a distance of 34.76- feet to the
southerly right of way of Pacific Highway 99W; thence N 52' 19'
20" E, along said right of way a distance of 84.47 feet to -a point
of 'curve; thence along said curve to the left with a radius of
15.00 feet and a-delta of 740 31' 22" ( a chord which bears S 150
03' 39" ,W, .18.16 -feet) a distance of 19.51 feet, to a point of
reverse curve; -thence along said curve to the right with a radius
of 1 120.00 feet and a delta of 380 31' 53" (with a chord which
bears S 020 56' 36" E, 79.7-9 feet) a distance of 80.70 feet, to a
point of tangency; thence 'S 16° 19' 20" W a distance of 88.00 feet
to the point of curve; thence along said curve to the left with a
radius of 119.00`feet- and a delta of 360 52' 00" (a chord`which
bears S 02° 06' 40" E, 75.26 feet) "a distance of 76.56 feet to a
point of tangency thence S 20°`32° 40" E a distance of 57.00 feet
to a point of curve; thence along said curve to the right` with a
radius of 300.00 feet and a delta of 360 37' 00" (a chord which
bears S 020 14� 10" E, 188.48 feet) a distance of 191.72 feet to
a point of tangency; thence S 16° 041, 20" W a distance of 94.00
feet to a point of curve: thence along said curve to the left with
a radius of 32.00 `feet and a delta of 800 21" 50" (a chord which
bears S 280 06' 35" E, 44 .60 feet) a distance of 49.35 feet to a
point of reversing curve; thence along said curve to the right
with a radius of 212.64 feet and a delta of 130 36' 00" (a chord
which bears S 65° 29' 30" E, 50.35 feet) a distance of 50.47 feet
to a point of reversing curve, thence along said curve to the left
with a radius of 42.00 feet a delta rf 47e 18' 00" (a chord which
bears S 820 20. 30" E, 33.70 feet) a distance of 38.70 feet to a
point of _tangency; thence N 740 00' 30" E a distance of 62.90 feet
to the easterly line of to plat of Twin Oaks Lane; thence S 01°
441 40" E -a distance of 51.59 feet to the true point of beginning.
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EXHIBIT A
DESCRIPTION OF ROAD WAY TO BE VACATED
A tract of land situated in southeast one-quarter of the southwest
one,-quarter of Section 36, Township 1 South, Range 1 West,
willamette Meridian, City of Tigard, Washington County, Oregon,
described as follows:
Beginning at the Northwest corner of lot 8 Palmer Acres Recorded in
Book 3 'page`26 of the Washington County Plat Records; thence N 01°
12' 00" W, along the west line of Palmer Acres, a distance of
1689.95 feet to the southerly right-of-way of Pacific Highway 99W;
thence N 540 39' 30" E, along said right-o£-way, a distance of
24.16 feet, to the most westerly northwest corner of lot 1 Palmer
Acres;` thence S 010 12' 00" E along the westerly lines of lots 1,
2, -3, 4, 5, 6, and 7 Palmer Acres, a distance of 1701.50 feet, to
the southwest corner of lot 7 Palmer Acres; thence N 820 42' 001'
W distance of 20.22 feet to the point of beginning,
J0KMU\PM.1,MA.VAC
CITY OF TIGARD, OREGON
RESOLUTION NO. 93-'S*41
A RESOLUTION CONCERNING THE VACATION OF: 1) A PORTION OF SW 79TH
AVENUE, BEGINNING WITH THE INTERSECTION OF SW 79TH AND SW PACIFIC
HIGHWAY AND CONTINUING TO THE SOUTHEAST TERMINUS OF SW 79TH AVENUE,
AND 2) THE SUBDIVISION PLAT OF TWIN OARS LANE RECORDED IN PLAT BOOR
12 PAGE 18 WASHINGTON COUNTY RECORDS, AND 3) AN UNNAMED 20' WIDE
RIGHT-OF-WAY LOCATED IMMEDIATELY TO THE EAST OF SW 79TH AVENUE, IN
THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, this portion of SW 79th Avenue is a dedicated public
right-of-way, giving the public rights over the land for street and
utilityimprovements; and
WHEREAS, ,SW 7.9th Avenue, in the vicinity of the area proposed for
vacation is no longer needed; and
WHEREAS, the ,property owner(s) will be required to provide
easement(s) for access and any utilities located within the area
proposed for vacation; and
WHEREAS, the recorded plat of Twin Oaks Lane is no longer needed;
and
WHEREAS, the Tigard City Council finds it necessary and desirable
to initiate vacation:proceedings for said right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
(1) The -Tigard City Council initiates a vacation request of a
public right-of-way and subdivision plat, and with the
understanding that those property owners who would normally
sign a petition shall be notified by mail, of the proceedings;
and
(2) A public hearing is hereby called to be held by the city
Council on Tuesday, January. 25, 1993, at 7:30 PM at the Tigard
Civic Center Town Hall Room, 13125 SW Hall Boulevard, within
the City of Tigard, at which time and place the Council shall
hear any objections thereto, and any interested person may
appear and be heard for or against the proposed vacating of
said right-of-way; .and
RESOLUTION NO. '93- Page l
x
(3) The City Recorder be, and she is hereby, authorized and
directed to cause to have published in the Tigard Times, a
newspaper of general circulation in the City of Tigard hereby
designated for such purpose, a notice of said hearing in the
form hereto attached and by this reference made a part hereof,
the first publication to be 'January 13, 1993 and the final
publication to be on January 20, 1993.
The recorder be, and she is hereby, further directed to cause
to have posted within five (5) days after the date of first
publication, a copy of said notice at or near each end of the
area proposed to be vacated; and
(4) That the particular portion of granted public right-of-way to
be vacated is shown on the attached sheet labeled.Exhibit "A
and by reference made a part thereof.
PASSED: This day of IVO VE4v , 1993.
ATTEST:
Clty of Tigar
City-Recorder - City of T' and
RESOLUTION NO. 93-_ -5r, page 2