Resolution No. 98-41 CITY OF TIGARD,OREGON
RESOLUTION NO.98-4/
A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 13,140
SQUARE FEET OF PUBLIC FIGHT-OF-WAY COMMONLY KNOWN AS SW
FRANKLIN STREET.
WHEREAS, the approximately 13,140 square foot portion of the road had previously been
dedicated to the public with the platting of the West Portland Heights Subdivision; and
WHEREAS, the approximately 13,140 square feet of public right-of-way between SW 69th
Avenue and SW 70th Avenue known as SW Franklin Street is unimproved and currently not used
in any form; and
WHEREAS, the surrounding development patterns make the future extension of SW Franklin
Street,west of SW 70th Avenue unlikely; and
WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to
vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street
between SW 69th Avenue and SW 70th Avenue(Exhibit"A"); and
WHEREAS,the public right-of-way may no longer be necessary; and
WHEREAS,the Tigard City Council finds it appropriate to initiate Vacation proceedings for the
requested public right-of-way vacation.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
Section 1: The Tigard City Council hereby initiates a request for the vacation of
approximately 13,140 square feet of public right-of-way commonly known
as SW Franklin Street between SW 69th Avenue and SW 70th Avenue,as
more particularly described in Exhibit "B" and Exhibit "C" and by
reference,made a part hereof.
Section 2: A public hearing is hereby called to be held by the City Council on Tuesday,
September 8, 1998,at 7:30 PM in the Town Hall at Tigard City Hall, 13125
SW Hall Boulevard, within the City of Tigard,at which time and place the
Council 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.
Section 3: The City Recorder is hereby authorized and directed to cause to have
published in the Tigard Times,a newspaper of general circulation in the City
ap
RESOLUTION NO.98_ i:kitywide\ms\vacfrank.res
Page I of 2 15-Jul-98 Julia PH
of Tigard, a notice of said public hearing, the first publication to be on
August 20, 1998 and the final publication to be on August 27, 1998. The
Recorder is further directed to cause to have posted within fra(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.
PASSED: This day of ' 1998.
O�nci.l Presi�rt-City a1:agacd
ATTEST:
City Pecorder-City of Tigard
RESOLUTION NO.9 iAcitywide\res\vacrnmk.res
Page 2 of 2 15-Jui-98 Julia PH
STOEL RIVESLLP A
A T T O R N E Y S
STANDARD INSURANCE CENTER
900 SW
FIFTH AVENUE.SUITE 2300
PORTLAND,OREGON 91204.1264
Phone15031224-3360 F-tSO31 ZZO..do
TC:15031221.1045
Imemet:V,—stoel.com
June 3, 1998
"CHAEL'C.ROBINSON
Direct Dial
(503)294-9194
email mcrobinson®stoel.com
VIA FACS1MlI.E
Mr. James N.P. Hendryx
City of Tigard
Community Development Department
13125 SW Hall Blvd.
Tigard, Oregon 97223
Agalk Re: Request to Set Hearing for Prognosed Street Vacation
Mr
Dear Jim:
This law firm represents Specht Development Company. As you know, Specht is in
the process of submitting an application for a Site Development Review application for its
property south of Dartmouth Street between SW 69th Avenue and SW 70th Avenue. As part
of this development, Specht would like to vacate a portion of SW Franklin Street, an
unimproved public right-of-way.
I have enclosed a map showing the proposed part of SW Franklin Street to be vacated
between SW 69th Avenue and SW 70th Avenue. The proposed portion of SW Franklin
Street to be vacated is unimproved and, to the best of my knowledge, neither contains nor is
required to contain any easements for public utilities. Further, we have determined in our
various meetings that it is impossible to extend SW Franklin Street west of SW 70th Avenue
due to the recent construction of an apartment complex. Therefore, there is no apparent
reason that this portion of SW Franklin Street cannot be vacated.
ORS 271.100 requires that the City Council consider a petition for vacation and, if
there appears to be no reason why the petition should not be allowed in whole or in part, the
Cit-1 Council shall fix a time for a formal public hearing upon the petition.
AdUk I request that the City Council place this matter on its July 14, 1998 meeting agenda.
I understand that if the City Council decides to hold a public heating, the likely hearing date
P D X 1 A-i 28605.1 23246-0008
SEA- PORTLAND VANCOUVER.WA BOISR SALT L-CITY WASHINGTON.D.C.
STOEL RIVES LLP
Mr. James N.P. Hendryx
June 3, 1998
Page 2
will be in early August, This will give the City enough time to prepare the notices of public
hcaring as required by ORS 271.110(1)and (2).
Please call me if you have any questions. Please confirm in writing that the City
Council will consider the public hearing request at its July 14, 1998 meeting.
Very truly yours,
� > e �-�-
Michael C. Robinson
MCR:Ixh
enclosure
cc(w/encl.): Mr. Greg Specht(via facsimile)
(w/encl.) Mr. Todd Sheaffer(v-.a facsimile)
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• EXHIBIT C
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
VACATION OF A PORTION OF
SW FRANKLIN STREET
A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Records
located in the Northeast One-Quarter of Section 1,Township 2 South,Range 1 West,in the City
of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth
Street)between SW 70th Avenue (Getman Street) and SW 69th Avenue (Washington Street),
in said plat being more particularly described as follows:
Beginning at the Northwest corner of Block 30 of said plat;
Thence N 00'00'00" E, along the easterly right-of-way line of SW 70th Avenue (German
Street),60.00 feet to the Southwest comer of Block 21 of said plat;
Thence leaving said easterly right-of-way line N 90°00'00" E, along the southerly line of said
Amok Block 21, 219.00 feet to the Southeast corner thereof and a paint on the westerly right-of-way
line of SW 69th Avenue(Washington.Street);
Thence S 00°00'00"W,along said westerly right-of-way line,60.00 feet to the Northeast corner
of said Block 30;
Thence leaving said westerly right-of-way line S 90`00'00"W. along the northerly line of said
Block 30, 219.00 feet to the Point of Beginning.
Containing 0.30 acres more or.less.
This legal description along with the basis of bearings thereof, was established from the Plat cf
"West Portland heights", Washington County Plat Records.
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