Ordinance No. 98-01
CITY OF TIGARD, OREGON
ORDINANCE NO.98- O
AN ORDINANCE CONCERNING THE VACATION OF: 1) APPROXIMATELY 16,174 SQUARE
FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FAIZNTNO CREEK PLACE;
AND 2) APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT
TO THE WESTERLY LINE OF LOT 36 OF "FANNO CREEK ACRE TRACTS".
WHEREAS, the Tigard City Council initiated this vacation (Resolution No. 97-48) request pursuant to
Section 15.08.040 of the Tigard Municipal Code at a public hearing held on November 25, 1997; and
WHEREAS, the right-of-way was previously dedicated to the public; and
WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of "Fanno
Creek Acre Tracts" in 1911; and
WHEREAS, SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo
Studd's and Northwest Landscape Industries; and
WHEREAS, the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of "Fanno Creek Acre Tracts" is also undeveloped and not used in any way; and
WHEREAS, the petitioner is requesting that the City of Tigard vacate an approximately 16,174 square foot
portion of SW Fanno Creek Place; and
WHEREAS, the petitioner is requesting that the City of Tigard vacate an approximately 4,914 square foot
portion of an unnamed roadway adjacent to lot 36 of "Fanno Creek Acre Tracts"; and,
WHEREAS, the public right-of-way may no longer be necessary; and
WHEREAS, the vacation was 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 had the opportunity to review the vacation proposal and have no objections; and
WHEREAS, PGE states that they will need easements for any facilities presently in this right-of-way to be
vacated; and
WHEREAS, GTE Telephone Operations has existing facilities that provide service to 15930 SW 74th
Avenue that will require the granting of a utility easement; and
WHEREAS, Unified Sewerage Agency states that there is an existing 8 inch sanitary sewer line within the
proposed vacation area which will require the granting of a public utility easement; and
ORDINANCE NO. 98. VP I iAcitywidelor&vacfncrk2.ord
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WHEREAS, the 30-foot right-of-way is part of a .65 mile (3,460 lineal foot) length right-of-way that is
contiguous to 10 parcels, ; and
WHEREAS, the 30-foot right-of-way extends for an additional .62 miles (3,290 lineal feet) beyond the area
to be vacated and is contiguous to 9 parcels; and
WHEREAS, in 1979 a street vacation had been approved (Ordinance No. 79-63) for an approximately .14
mile (770 lineal foot) segment of this 30-feet right-of-way; nd
WHEREAS, that street vacation (Ordinance No.79-63) was later overturned (Ordinance No.79-115)
because of notification and access issues ; and
WHEREAS, the access issues associated with that 1979 vacation are no longer applicable; and
WHEREAS, all of those parcels have had approved Site Development Reviews; and
WHEREAS, access standards were satisfied for all of the approved Site Development Review approvals
(SDR 88-08) (SDR 88-09), (SDR 90-0009), (SDR 90-0010) without use of the right-of-way; and
WHEREAS, Pacific Realty Associates received site development review approval (SDR 88-08) that stated
that the need for the right-of-way to be used for access appears to be highly unlikely, it is not maintained, it
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is a potential eyesore and it would be in the City's interest to have this area maintained in conjunction with
the proposed development; and
WHEREAS, Pacific Realty Associates received site development review approval (SDR 88-09) that stated
that a variance was granted to allow less than the minimum landscape percentage if an arrangement can be
made to use the vacant right-of-way such that the total land area would provide for the minimum landscape
requirement; and
WHEREAS, the City entered into an agreement with Pacific Realty Associates to lease the right-of-way to
allow landscaping and other uses within a .2 mile (1,100 lineal foot) length of the right-of-way that is
contiguous to 2 parcels; and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the
affected area, as required by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the
area to be vacated and published notice 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 January 27, 1998, finds that it is in the
0 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 be ORS 271.120 and TMC Section 15.08.130; and
ORDINANCE NO.98- is%ciryw1de\ord\vacfncrk2.ord
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WHEREAS, the Council finds that the following condition is necessary to vacate said land:
1. A public and private utility easement shall be provided within the area to be vacated.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of 1) approximately 16,174 square
feet of public right-of-way commonly known as SW Fanno Creek Place; and 2)
approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "B" and
Exhibit "C".
SECTION 2: The Tigard City Council further orders that the vacation be subject to the following
conditions:
1. A public and private utility easement shall be provided within the area to be vacated.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the
Mayor, and posting by tlae City Recorder.
PASSED: By U! ) Ct n'1 4100 S vote of all Council in mbers present after being read by number
and title only, this `7 60 day of , 1998.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of ~umco ' , 1998.
G~
J Nicoli, Mayor
Ap roved as to for
i
Attorney
Date
ORDINANCE NO. 98- is\citywide\ord\vacfncrk2.ord
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EX11IBxT B
LEGAL DESCRIPTION JOB NO.3950
PORTION OF 423/97 WC
S.W. FANNO CREEK PLACE
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
THAT PORTION OF S.W. FANNO CREEK PLACE (COUNTY ROAD A-138) IN THE
NORTHEAST-QUAILTER, OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAIWTTE MERIDIAN, WASHINGTON COUNTY, OREGON DESCRIBED AS
FOLLOWS:
BEGINMG AT THE SOUTH CORNER OF TRACT 37, "FANNO CREEK ACRE
TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911, IN WASHINGTON
COUNTY PLAT BOOK 5, PAGE 14, AND RUNNING THENCE ALONG TIM
SOUTHWESTERLY LINES OF TFACTS 37 AND 36 OF SAID "FANNO CREEK ACRE
TRACTS-, N.44"37-35-W., 412.16 FEET TO THE EASTERLY LINE OF THE OREGON
ELECTRIC RAILWAY RIGHT-OF-WAY, 25.00 FEET FROM CENTERLINE; THENCE,
ALONG SAID RIGHT-OF-WAY LINE„ 42.53 FEET ALONG THE ARC OF A NON-
TANGENT CURVE RIGHT, CONCAVE NORTHWEST, THE RADIUS OF WHICH IS
1,457.69 FEET, THE CENTRAL ANGLE IS 1°40'18-, AND THE LONG CHORD BEARS
S.2503 1'21"W., 42.53 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF S.W.
FANNO CREEK PLACE (COUN'T`d ROAD NO. A-) 38); THENCE, ALONG SAID FANNO
CREEK PLACE RIGHT-OF-WAY LINE, PARALLEL WITH AND 40.00 FEET
PERPENDICULAR FROM SAID SOUTHWESTERLY LINE OF TRACTS 36 AND 37,
S.44037'35"E., 381.61 FEET TO A POINT-OF-CURVATURE; THENCE, ALONG THE
RIGHT-OF-WAY LINE OF THAT PARCEL 2 DESCRIBED IN THE STREET DEDICATION
TO THE PUBLIC RECORDED AUGUST 1. 1993, WASHINGTON COUNTY RECORDER'S
FEE NO. 83-27515,16.54 FEET ALONG THE ARC OF A CURVE RIGHT, CONCAVE
WEST, THE RADIUS OF WH7CH IS 14.00 FEET, THE CENTRAL ANGLE IS 67°40'37-,
AND THE LONG CHORD BEARS S.IT47-17'B., 15.59 FEET TO TIM NORTHWESTERLY
RIGHT-OF-WAY LINE OF S.W. UPPER BOONES FERRY ROAD (COUNTY ROAD NO.
534),30.00 FEET FROM CENTERLINE; THENCE, ALONG SAID S. W. UPPER BOONES
FERRY ROAD RIGHT-OF-WAY LINE, N.49°05'02°E., 48.78 FEET TO THE POINT-OF-
BEGINNING; CONTAINING 16,174 SQUARE FEET, MORE OR LESS; THIS
DESCRIPTION WAS PREPARED FROM THE MAP OF SURVEY NO. 18,823 ON FILE IN
THE WASHINGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY REFERENCE
IS MADE A PART BEREOF.
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EXHIBIT C
LEGAL DESCRIPTION #3950
30 FT. ROAD 9/10/97 WC
ADJOINING LOT 36
FANNO CREEK ACRE TRACTS
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
TO BE VACATED
EX, IT "A"
PART OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST-QUARTER OF
SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
WASHINGTON COUNTY, OREGON, DEDICATED TO THE PUBLIC BY MEANS OF
"FANNO CREEK ACRE TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911 IN
WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND DESCRIBED AS FOLLOWS:
ALL OF SAID 30-FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LOT
36 OF SAID "FANNO CREEK ACRE TRACTS" LYING BETWEEN THE
SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE
EXTENDED OF SAID LOT 36; THE WESTERLY LINE OF SAID ROADWAY ADJOINS
THE 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY AND IS 163.5
FEET LONG.
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• EXHIBIT E
CITY OF TIGARD, OREGON
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RESOLUTION NO. 97-4100
A RESOLUTION INITIATING THE VACATION OF: 1) APPROXIMATELY 16,174 SQUARE FEET
OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FANNO CREEK PLACE; AND 2)
APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE
WESTERLY LINE OF LOT 36 OF' FANNO CREEK ACRE TRACTS".
WHEREAS, the right-of-way had been dedicated to the public; and,
WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of "Fanno Creek Acre
Tracts" in 1911; and,
WHEREAS, SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo Studd's
and Northwest Landscape Industries; and,
WHEREAS, the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of
"Fanno Creek Acre Tracts" is also undeveloped and not used in any way; and,
WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
approximately 16,174 square foot portion of SW Fanno Creek Place; and,
REAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
approximately 4,914 square foot portion of an unnamed roadway adjacent to lot 36 of "Fanno Creek Acre Tracts";
and,
WHEREAS, the public right-of-way may no longer be necessary; and,
WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Tigard City Council initiates a request for the vacation of. 1) approximately 16,174
square feet of public right-of-way commonly known as SW Fanno Creek Place; and 2)
approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "A" and
Exhibit "B".
Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, January 27,
1998, at 7:30 p.m. at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard,
at which time and place the Cuuncil will hear any objections thereto, and any interested
person may appear and be heard, for or against, the proposed vacating of said public
right-of-way.
RESOLUTION N0.97 Page 1 of 2
i:\ci"delreskvacfncdc.int
Nov. 13197
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"Section 3: The City Recorder is hereby authorized and directed to cause to have published` in tt'ie
Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said
hearing, the first publication to be on January 8, 1998 and the final publication to be on
January 15, 1998. The Recorder is 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.
Section 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and
Exhibit "B" and by reference, made a part hereof.
PASSED: This day of L , 1997.
Ammer- City of Tigard
n CU
City Recorder - -City of Tigard
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RESOLD ndN NO. 9V ~ ^ Page 2 of 2
!AdtywideVm%vacfncrkAnt
Nov. 13197