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Resolution No. 99-58 CITY OF TIGARD,OREGON RE'SOLUTIOPd NO.'99-r_'u !1 A RESOLUTION INITIAT.*.NG THE VACATION OF AN APPROXIMATELY 2,899 SQUARE FOOT PORTION SOF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW MAIN STREET. WHEREAS, the approximately 2,899 square foot portion of the road had previously been dedicated to the public;and WHEREAS, Main Street has been real gmA leaving this area of right-of-way which is outside of the paved road area,curb and sidewalk;and WHEREAS, the existing street alignment and potential alignment needs make the need for future use of%us portion of right-of-way unlikely;and WHEREAS,the applicants have requested that the City of Tigard initiate Vacation proceedings to vacate an approximately%,_99' s,:luare foot portion of public right-of-way along SW Main Street (EXhih:t"A');and NVIIEREAS,the said portion ofpublic 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-ef--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 ar. approxunately 2,899 square foot portion of public right-of--way commonly known as SW Main Street,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 28,1999,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 ar_d any interested person may apppear and be heard for or against the proposed vacating of said public nglit-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 of Tigard, a notice of said public hearing, the first publication to be on September 9, 1999 and the final publication to be on September 16, 1999. The Recorder is further directed to cause to have posted within five(5)days after the date of first ppublication,a copy of said notice at or ear each end of the area proposed to be vacated. PASSED: This �tti day of 1999. 7 Wr City Tigard 1 ATTEST: n City Recorder-City of Tigard RF.SOLUTIONNO.99- '• --�_..__,..___:_.__ Page I of 2 �.�,28-July-99JuliaP H EXHIBIT A ANDERSON S:. DITTMAN, LLP ATTORNEYS AT LAW TIGARD PROFESSIONAL_CENTER ds 8865 S.W.CENTER STREET TIGARD,OREGON 97223 P.O.BOX 23006 TIGARD,OREGON 97281-3006 DERRYCK H.DITTMAN TELFPHONE(503)639-1121 ROGER F.ANDERSON FRED A.ANDERSON.DECEASED DELORIS B.N.WARD FAX(507:6.39-4097 (1910-1991) March 31, 1999 City of Tigard Community Development Department 13125 S.W. Hall Boulevard Tigard, Oregon 97223 A!- antion: Julia Hajduk, Associate Planner Re: Street Vacation South end of Main Street This letter is a request to vacate that part of Southwest Main Street, Tigard, near its intersection with Highway 99W, as depicted on the enclosed survey, which is submitted as the site plan. A copy of the legal description of the property included in this street vacation is also enclosed. The only improvement within the area to be vacated is an asphalt area that is inside the concrete sidewalk. The concrete sidewalk will continue to be a part of the street right-of-way after the street vacation is completed. The area included in this street vacation will be maintained by our clients or their tenant. Our clients, check in the sum of $1,530.00 is also enclosed. The subject property is in the names of our clients, Bradley Gritzbaugh and Francine Gritzbaugh, husband and wife. On their behalf, we request that the City Council initiate the street vacation process_ If anything further is required, please let us know. i i Very truly yours, y ANDERSON & DITTMAN, LLP 3 Roger F. Anderson RFA:pb Enclosures cc: Kim and Fran Gritzbaugh Gus Duenas �w iEXNIBIT B Sew 3u ri 'S- f SITE PLANT MAIN STREET I _ @ PACIFIC HIGHWAY EXHIBIT I11A a,rnr 0 sc^ev VACATION______ Lp is not to scale) EXWIBIT C 1 MOV PARIS&ASSOCIATES,INC. REGISTERED PROFESSIONAL LAND SURVEYORS 15962 BOONES FERP.Y ROAD LAKE OSWEGO,OREGON 97035 PH:(503)6363341 FAX:(503)636-0477 PROPFRII DESCRIPTION: Tax Lot 1000,Tax Map 2S 1 2AC ATE: February 12,1999 JOB NO.: 98221 NAME: Kim&Fran Crritzbaugh LOCATION: SW Main Street Street Vacation-City of Tigard sxxssxxxsssssssssxssssssssssxsssssssssssasxsssxsxssssssssssstsssssssxxxssstsssssssssssssssxs FOR USE ON LEGAL INSTRUMENT A tract of land situated in the Northeast one-quarter of Section 2,Township 2 South,Range I West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a 5/8" iron rod on the southeasterly right of way line of Oregon State Highway 99W,which bears S 6516'02"E 871.27 feet from a 3/4"iron pipe at the southeast corner of Lot 20, "Amended Plat of North Tigardville Addition";thence leaving said southeasterly right of way line, S 44°14'30" E 50.44 feet; thence northeasterly on a non-tangent curve to the right having a radius of 165.00 feet through a central angle of 18°00'00"(chord bears N 41°07'47"E 51.62 feet)51.84 feet to a point of tangent;thence along said tangent,N 50'07'47"E 37.88 feet to a 5/8"iron rod;thence N 45°03'00"W 15.87 feet to the northwesterly right of way line of SW Main Street;thence S 68°39'30".W along said right of way line, 85.55 feet to the intersection with said southeasterly right of way line of State Highway 99W; thence S 45°45'30"W along said southeasterly right of way line,10.19 feet to the Point of Beginning. Containing 2,899 square feet. l N --I 2� REGISTERED 1 PROFESSIONAL l/6.11"C.V G OR s ./A OREGON JANUAnY t5.19" MA2.OLD e.SALO 2264 -- - y� EXHIBIT D 3 D \V -3� �a 0 C aw Dm yC7 y aS Y + n II Ts it