Resolution No. 74-62 CITY OF TIGARD, OREGON
RESOLUTION No. 74- /.-1
A RESOLUTION CONCERNING VACATION OF AN UNDEVELOPED 50 FOOT WIDE DEDICATED
PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON,
WHEREAS, the area described on the attached sheet headed "Exhibit A", and
l by this rcferance made-a part hereof, is part of an existing undeveloped street
and/or alley dedicated to the public for highway purposes via the Varna Acres
plat, a duly recorded subdi.ision of record in Washington County, Oregon; and
WHEREAS, the area described on said Exhibit "A" now lies within the
platted area of Verne Acres, a duly recorded subdivision of record In said
County; and
WHEREAS, the area described on said Exhibit "A" also lies within the
corporate boundaries of the City of Tigard, Oregon; and
WHEREAS, said described area does not serve a public purpose and is so
situatod as to be of no usefulness now or in the future as part of the public
street .,/stem of the City; and
WHEREAS, it appears to be in the public interest that the said area be
vacated and restored to the tax rolls and made available to development and
use; and
WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners have
petitioned for the initiation of vacation proceedings as authorized in Chapter
271 ORS.
NOW, THEREFORE,
BE IT RESOLVED by the City Council of Tigard, as followst
(1) "That the public hearing is hereby called to be held by the City
Council. of Tigard on Monday, December 23, 1974, at Lecture Room
Fowler ?r. High School, 10865 S.W. Walnut Street within the City of
Tigard, beginning at 8!00 P.M., 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 lands.
(2) "That 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 trade
on the 21st day of November, 1974 and once each week thereafter for
five publishings in all.
"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 in the form hereto attached, at or near each end of the
avea(s) proposed to be vacated, and in addition, the Recorder shall post
a copy of said notice in at least two (2) conspicuous places within the
area(s) proposed to be vacated, all of said postings to be accomplished
within the time herein stated.
(3) "That the particular portion of dedicated street proposed to be vacated
f is described on the attached sheet headed "Exhibit A" and by this reference
l made a part her- '..
PASSED by Council on the day of /�oa.=:c;��. , 1974.
ATTESTt Mayor
Recorder
��irzr 4
City Recoco rder r^,
i
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF DEDICATED PORTION OF AN UNDEVELOPED 50 FOOT WIDE. PUBLIC
RICHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
Pursuant to resolution of the City Council of Tigard adopted November 1L, 1974
under authority of Chapter. 271.130 Oregon Revised Statutes, a public hearing will be
held by the Council of Tigard at 8200 P.M. on Monday, December 23, 1974 at
Lecture Room, Fowler Junior High School, 10865 S.N. Walnut Street, Tigard, Oregon,
I
with respect to the proposed vacation of the following described portion of a dedicated [
portion of an undeveloped 50 foot wide public right-of-way in the City of Tigaxd,
Washington County, Oregon. i
A street belonging to the City of Tigard, situated in Varna Acres in
Section 1, Township 2 South, Range 1 West, Willamette Meridian, in the
County of Washington, State of Oregon. Said street being 50 feet in width and
lying 25 feet (when measured at right angles) left and right of the following
described centerline.
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Beginning at the intersection of the centerline of S.W. Varns Street with
the west right-of-way line of Interstate 5; thence South 89°26'45" West, a
distance of more or Leas 980.0 feet to the intersection of said S.W.
Varna Street centerline with the northeasterly right-of-way line of the
Beaverton-Tigard Highway No. 217. The sideline= of said S.W. Varna Street
will be lengthened or shortened to intersect with the corresponding right-of-way
lines of said Interstate 5 and Tigard-Beaverton Highway 217.
Any objections or remonstrances against said
g proposal to vacate said area may be i[[
made in writing and filed with the City Recorder prior to the date of the hearing, E
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and all objections filed prior to the date of hearing will be heard and considered,
and any person having an interest in the proposal may likewise verbally be heard
at said time and place.
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f
r,- By order of the City Council of Tigard, this 11th day of November, 1974. Efff
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DORIS HARTIG, City Recorder
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TT Publish November 21, 28, December 5> 12, 19, i974. j
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EXHIBIT "A"
Vacation of S.W. Varns Street
A street belonging to the City of Tigard, situated in Varns
Acres in Section 1 , Township 2 South, Range 1 West,
Willamette Meridian, in the County of Washington, State
of Oregon. Said street being 50 feet in width and lying
25 feet (when measured at right angles) left and right of
the following described centerline.
Beginning at the intersection of the centerline of S.W.
Varns Street with the west light-of-way line of
Interstate 5; thence South 89026'45" West, a distance of
more or less 980.0 feet to the intersection of said S.W.
Varns Street centerline with the northeasterly right-of-way
line of the Beaverton-Tigard Highway No. 217. The side-
lines of said S.W. Varns Street will be lengthened or
shortened to intersect with the corresponding right-of-
way lines of said Interstate 5 and Tigard-Beaverton Highway
217.
aeatstaae �.
LtA
ROESSlONAC
N;D._pSURVEYOR
OREGOH
JULY 13. ,3
KIINNETH SLWGNGIta
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STREET -------- .
CORNELL,HOWLANO,HAYES&MERRY FIELD
tif11t1�:./Y.1 Wti35 200 S.W.Market,12th Floor,Portland,OnOon 97201 vonraad R191-1 omu
Telephone: 1103)2249190,TWX:910,454-0720,Cable:CH2MHILL
1 November 1974
ea9nras nvuar rraamn
P8826.1.99
City of Tigard CITY OF
P,O. Sox 23557
Tigard, Oregon 97223
Attention: Ms. Doris Hartig, Recorder
Gentlemen:
Enclosed is the legal description and a map for Varns
Street between Interstate 5 and Beaverton-Tigard Highway
217.
Please attach these documents to the Varns Street Vacation
Petition submitted to you on 7 October 1974 by Farmers
Insurance Group.
Very truly yours,
OA
C.
Otto V dra, P.E.
�c pam
Enclosure
cc: Mr. Mike Oberhoffer, FIG
J
' F
r,
�r FS�-lid lding Co., oCalifornia �
rporation
Before me, a Notary Public for the State of Oregon, appeared
Mike Oberhofer and swore to and signed the above petition as
being true:
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My commission expires 7-..4.-7
,:T
October 10, 1974
i1
bike Obarhofer
Farmers Insurance
6700 S.W. Vernon Road
TLC--rd, Orason 97223
Ret Street Vacation SW Verney
Dear Y.r. Oberhofert
This will acknovledge receipt of your petition for vacation of the above
public street. 6oc7ever, before we can process your request, the City
requires a metes and bounds description of the property to be vacated as
well as a $100.00 depo--tt to cover expenses of the street vacation. Any
unused funds will be returned to you.
Upon receipt of the above, we will process the petition and requoet:-:ouncil
to set a public hearing.
Sincerely,
Doris Hartig
City Recorder
DHt lw
�dlding CO., California
orporation
Before me, a Notary Public for the State of Oregon, appeared
Mike Oberhofer and swore to and signed the above petition as
being true:
My ccnmission expires 7-74-7.p
I
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON
N PETITION FOR VACATION OF A PUBLIC STREET
j In the Matter of: ) No.
j FIG Holding Co., a Corporation)
Petitioner )
COMES now the petitioner through its duly authorized agent and
states under oath:
1) FIG Holding Co. is a corporation existing under the laws
of the State of California.
2) That Mike Oberhofer has been authorized as agent for
FIG Holding Co., to petition for this vacation.
3) That FIG Holding Co. is the owner of property described
as follows:
Tax Map 2S1, 1 Tax Lots 100, 200, 300, 400, 500,
501, 701 and 1100.
4) That the road petitioner requests vacation upon is
described as follows:
S.W. Varna Road between S.W. 66th Avenue and the
dead-end adjoining Highway 217.
5) That said road to be vacated is commonly known as:
S.W. Varna Road
6) That the only property served by said road is the
FIG Holding Co. and that no other rights will be
affected by this vacation.
7) That FIG Holding Co. is the only property owner abutting
said road and no easements or other rights exist to
others from said road.
8) That the land vacated will be used in conjunction with
the sub-division of the concerned property for
development as approved by the City of Tigard in
Ordinance No. 74-52. p
9) That the vacated road will be replaced by a new, un-named [i{i
road approximately 100 feet to the north of the existing
S.W. Varna Road. The new street will be built on
property owned by FIG Holding Co. at their expense and
dedicated to the City of Tigard upon completion.
WHEREFOR: Petitioner requests that the City of Tigard officially
vacate said road to the abutting property owner.
I, Mike Oberhofer, state that the above facts are true and that I
have been authorized as agent to act for FIG Holding Co. in this
matter. /�l �J
..� �N" s agent for
F1�Hc91ding Co., Cali°ornia
s Corporation i
Before me, a Notary Public for the State cf Oregon, appeared
Mike Oberhofer and swore to and signed the above petition as
being true:
My commission expires 7-?v-7%
I(