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Resolution No. 82-70 1 CITY OF TIGARD, OREGON RESOLUTION NO. 82-20- A RESOLUTION CONCERNING VACATION OF A PORTION OF S.W. 72nd AVENUE,A 60 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 by this reference made a part hereof, is a currently used street ded- icated to the public for highway purposes; and WHEREAS, the area described on said Exhibit "A" lies within the corporate boundaries of the City of Tigard, Oregon; and WHEREAS, after the realignment as constructed by L.I.D. 21 - S.W. 72nd Avenue Area Street Improvements, said described area will not serve a public highway purpose and is so situated as to be of no usefulness in the future as part of the public street system of the City but, existing public services utilities lie therein; 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 for private use, reserving therein a public easement over the entire area for said existing �. and possible future public service utilities; and `$ WHEREAS, pursuant to Chapter 271.130 ORS, vacation proceedings as authorized in Chapter 271 ORS. NOW, THEREFORE, BE IT RESOLVED by the City Council of Tigard as follows: (1) "That the public hearing is hereby called to be held by '' a City Council of Tigard on Monday, August 23 , 1982 at Fowler Junior High School Lecture Room, 10865 S.W. Walnut Street, within the City of Tigard, beginning at 7:30 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 made on the 22nd day of July 1982 and once each week thereafter for five publishings in all." P9CTrUSt RESOLUTION No. 82-70 1 "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 area 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 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 is described on the attached sheet headed "Exhibit A" and by this reference made a part hereof." (4) "That a public easement(s) shall be reserved therein to provide for existing and future possible utilities." (5) "That the effective date of the vacation ordinance shall not be earlier than the date of final completion and acceptance of L.I.D. 21 - S.W. 72nd Avenue Area Street Improvements." (6) "That the vacation ordinance shall not be effective until such time as other right-of-way under the control of Pacific Realty Trust, and necessary for the improvement of the 72nd Avenue project, is ded- icated to the City of Tigard at no cost to the City." a c PASSED: By Council on the day of 1982 mayor ATTEST:: 1 ecor er RESOLUTION NO. 82-76 Page 2 f . 1 t f EXHIBIT "A" A tract of land being a portion of County Road No. 922 and County Road No. A-138, in the Northeast P. of Section 13, T.2S., R.1W., W.M., City of Tigard, Washington County, Oregon more particularly described as follows: Beginning at the point of intersection of the southeasterly right- of-way of S.W. Upper Boones Ferry Road (County Road A-138) .(60 feet wide) and the easterly right-of-way of S.W. 72nd Avenue (County Roag No. 922) (40 feet wide) sai$ point of beginning also lies S 0 00'09" W 46.44 feet and S 89 59'51" E 20.00 feet from the point of beginning of County Road No. 92g (shown as point No. 289 on County Survey No. 19,127); thence S 0 00109" W along the east right-of-way of said County Road No. 922, 481.820 feet to a point of curve; thence northwesterly along a 480 foot radius curve to the left through a central angle of 28057'18" (chord bears N 14028130" W 240.00 feet) 242.573 feet to a point on the westerly line of the widened S.W 72nd Avenue (40 feet at right angles to centerline); thence N 000'09" E along the westerly line of said widened right- of-way 81.45 feet to a 3/4-inch iron pipe with Washington County Survey Plug; thence northewesterly along a 25 foot radius curve to the heft through a central angle of 131 18'27" (chord bears N 65 39'04" W - 45.55 feet) 57.294 feet to a 3/4-inch iron pipe with a Washington County Survey Plug, thence 9 39023'32" E in a straight line 129.05 feet to a point that is S 61 44153" E 40.00 feet from the revised centerline og S.W. Upper Boones Ferry Road and S.W. 72nd Avenue; thence S 61 44'53" E 22.26 feet to the Point of Beginning of the tract herein described. Contains 16,383 Square Feet more or less. 't;Co ! 114, AA , y t • .sss.277 Arc• a 1� 4tl ♦ _,',;. LC` s?T.i/7 T. PoS.T!A 9 `'` ° •` a'Q• t��t+�•• EXHIBIT "B6, •14+' •�. .py,K°� t fJ /j� Tier C64.t 27 r T;fps 22 foe zoos* 2i opir INV "I 4,`w•f `'°., '4 12 foo z s o eio a���•, Mlc i M , N4777Yi•it. S v:.77f `�.'t, *•t.i.,y �,•`ry r .♦ '' AR TO` BE4WAfAT 3S otV► 3; Arc • 7of.667 A.1• f..oo _ - 17 Art, ' A:l• v�o.•• Art zcl.cf2 ' atV7* ?I 1Z.7s 1—/9,a!T . ,..•' .3✓:,r.�7=icntl x'L,.iv A.¢xl3e.M.::` .. �`" .. :'. 1 S.:-� . T �. CITY OF TIGARD NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF A PORTION OF S.W. 72nd AVENUE,A 60 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution No. 82-70 of the City Council of Tigard, adopted July 12, 1982, under authority of Chapter 271.130 Oregon Revised Statutes, a public hearing will be held by the Council of Tigard at 7:30 P.M., on Monday, August 23, 1982, at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon with respect to the proposed vacation of the following described portion of S.W. 72nd Avenue a dedicated public right-of-way in the City of Tigard, Wash;ngton County, Oregon. "EXHIBIT A" DESCRIPTION A tract of land being a portion of County Road No. 922 and County Road No. A-138, in the Northeast 4 of Section 13, T.2S., R.1W., W.M., City of Tigard, Washington County, Oregon more particularly described as follows: Beginning at the point of intersection of the southeasterly right- of-way of S.W. Upper Boones Ferry Road (County Road A-138) (60 feet wide) and the easterly right-of-way of S.W. 72nd Avenue (County Roag No. 922) (40 feet wide) sai$ point of beginning also lies S 0 00'09" W 46.44 feet and S 89 59'51" E 20.00 feet from the point of beginning of County Road No. 92g (shown as point No. 289 :< on County Survey No. 19,127); thence S 0 00109" W along the east ,_. right-of-way of said Count, Road No. 922, 481.820 feet to a point of curve; thence northwesterly along a0480foot radius curve to the left through a central angle of 28 57118" (chord bears N 14028'30" W 240.00 feet) 242.573 feet to a point on the westerly line of the widened S.W 72nd Avenue (40 feet at right angles to centerline); thence N 000'09" E along the westerly line of said widened right- of-way 81.45 feet to a 3/4-inch iron pipe with Washington County Survey Plug; thence .iorthewesterly along a 25 foot radius curve to the heft through a central angle of 131 18127" (chord bears N 65 39104" W - 45.55 feet) 57.294 feet to a 3/4-inch iron pipe with a Washington County Survey Plug, thence 9 39023'32" E in a straight line 129.05 feet to a point that is S 61 44153" E 40.00 feet from the revised centerline og S.W. Upper Boones Ferry Road and S.W. 72nd Avenue; thence S 61 44'53" E 22.26 feet to the Point of Beginning of the tract herein described. Contains 16,383 Square Feet more or less. ,;y Any objections or remonstrances against said proposal to vacate said areas may be + made in writing and filed with the City Recorder prior to the date of the hearing and all obbections 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. By order of the City Council of Tigard, this 12th day of Je:ly, 1982. Doris Harti City ReEorder TT Publish July 22, 29 h August 5, 12, 19, 1.992 r w a i f F. 0WNERS TO BE NOTIFIED Arle;.e B. Stites (Seller) Lynn B. McDonald (Purchaser) 8020 S.W. Pine 8340 S.W. Ross Portland, Oregon 97223 Tigard, Or. 97223 Donald E. and Rosalyn M. Petersen 10240 S.W. Hawthorne Ln. Portland, Oregon 97225 George H. Killian 4724 S.W. Macadam Blvd. Portland, Oregon 97205 Watt Petroleum Supply Inc. P.O. Box 272 Newberg, Oregon 97132 John W.S. & Jane K. Platt (Seller) John J. Tennant (Purchaser) 4550 S.W. Humphrey Blvd. 16075 Upper Boones Ferry Road Portland, Oregon 97221 Tigard, Oregon 97223 John S. Platt and David K. Platt (Seller) M & J Investment P.O. Box 3167 Portland, Oregon 97208 Howard W. & Marilyn A. Boyte 11560 S.W. Fonner Tigard, Oregon 97223 Washington County (Seller) Pacific Realty Trust (Purchaser) _ c/o Larry Rice, Public Works Director Attention: Tom Wiitaia 150 N 1st Street 1220 S.W. Morrison 11300 Hillsboro, Oregon 97123 Portland, Oregon 97205 Pacific Realty Trust Attention: Tom Wiitala 1220 S.W. Morrison #300 Portland, Or. 97205 I • 1 L.R. Subotnick Ben Siegel (Estate of) c/o Security, Bank of Oregon c/o Security Bank of Oregon 15960 S.W. 72nd Avenue Tigard, Oregon 97223 F.H. Tower (Estate of) 635 E. Burnside Portleid, Oregon 97211 4 i w ;i R CJ l t y Owners to be notified Page 2 _. . f DE HAAS & ASSOCIATES, 1NC. L— CONSULTING ENGINEERS&SURVEYORS WILSONVILLE,OREGON 97070 SUITE 445-AGC CENTER (503)682-2450 9450 S.W. COMMERCE CIRCLE i 1 k j June 7, 1982 Frank Currie City ofTigard 12755 S.W. Ash Avenue P.O. Box 23397 Tigard, Or. 97223 RE: Street Vacation - LID 21 Dear Frank: Attached is a proper resolution map and legal description of property to be vacated to Pacific Realty Trust as part of the right-of-way acquisition process for the 72nd Avenue project. Also attached is a list of owners of real property affected which must be notified as prescribed by ORS 271.080. Because of greater simplicity, we recommend the vacation be "on council's own motion" per ORS 271.130. The resolution provides bfor the city's it's retention of a utility easement over the entire The resolecion also provides that the vacation ordinance will not be effective until other right-of-way under the control of Pacific Realty Trust, and necessary for the improvement of the 72nd Avenue de project, is dicated to the City of Tigard at no cost to the city. Sincerely, MARLIN JDE HAAS, P.E. MJD:tlj Attachment cc: 80.194.118