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City Council Packet - 05/09/1983
TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate MAY 9, 1983, 7:30 P.M. sign-up sheet(s). If no sheet is available, FOWLER JUNIOR HIGH SCHOOL ask to be recognized by the Chair. Non-agenda LECTURE ROOM items are asked to be kept to 2 minutes or less and are heard at the discretion of the Chair. 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff, Council & Audience For Non-Agenda Items Under Open Agenda 2. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request ` that an item be removed for discussion and separate action. Motion to: C 2.1 Approve Minutes of April 11 & 18, 1983 2.2 Accept NW ICMA Conference Report 2.3 "Item withdrawn from agenda" 2.4 Accept Proclamation "Tigard Futures Day" 2.5 Receive and File: • TCYS Monthly Report • Manufactured Homes Memo • Letter from Mary Payne a Summerfield/Civic Association Letter 2.6 Approve Expenditures and Investments $ 165,155.03 2.7 Approve RESOLUTION NO. 83-�/ _ Accepting Public Improvements S.W. Fanno Creek Drive 2.8 Accept and Authorize Signing: • Street Dedication, Thomas M. & Riley R. Taylor, SW 72nd LID-$250. • Easement for Utilities, Thomas M. & Riley R. Taylor, SW 72nd LID. • Construction Easement, Thomas M. & Riley R. Taylor, SW 72nd LID. • Easement for Utilities, Arlene B. Stites & Lynn B. & Monica McDonald, SW 72nd LID. • Easement for Utilities, Nickoloff & Mac Sharp, and Sharp & Associates, 72nd LID. • Easement for Utilities, R.O. & N.L. Gronholm & D.L. & B.A. Hurt, 72nd LID. • Construction Easement, L.B. & Monica McDonald, 72nd LID. • Dedication Deed, Washington County/Pacific Realty Trust. 2.9 Approve School District Temporary Occupancy 2.10 Disapprove Request to Waiver Fee for Deemie Subdivision Variance. 3. KEY TO CITY - Englewood Volunteers • City Administrator 4. RATIFICATION OF COMPREHENSIVE PLAN • Public Hearir.g Opened • Summation by Director of Planning & Development • Public Testimony: Opponents, Proponents • Public Hearing Closed • Council Consideration and Action ORDINANCE. NO. 83- PAGE 1 - COUNCIL AGENDA - MAY 9, 1983 I NEW 5. ASH/PACIFIC LID, #38 (continued from 4/25/83) ® Public Hearing Opened ® Summation by Public Works Director Public Testimony: Opponents, ProFinents Public Hearing Closed s Council Consideration and Action ORDINANCE NO. 83- RECESS REGULAR CITY COUNCIL MEETING 6. TIGARD URBAN RENEWAL AGENCY MEETING 6.1 Call to Order and Roll Call 6.2 Business Agenda 6.3 Election of Officers 6.4 Adjourn RECONVENE REGULAR CITY COUNCIL MEETING 7. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under item 1.3 will be discussed at this time. All persons are encouraged to contact the City Administrator prior to the meeting. 8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (1)(d) to consider issues related to Labor Relations. 9. ADJOURNMENT r I PAGE 2 - COUNCIL AGENDA - MAY 9, 1983 i E T I G A R D C ITY COUNCIL REGULAR MEETING MINUTES - MAY 9, 1983 - 7:30 P.M. 1. ROLL CALL: Mayor Wilbur A. Bishop, Councilors: Tom Brian (arrived 7:42 p.m.), John Cook, Kenneth Scheckla and Ima Scott ; City Staff: Director of Public Works Frank Currie; City Recorder Doris Hartig; City Administrator Bob Jean (arrived 7:43 p.m. ) ; Clerk III Penny Liebertz ; Planning Director Bill Monahan and Legal Counsel Ed Sullivan (arrived 7:43 p.m. ). 2. CALL TO STAFF, COUNCIL AND AUD?ENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA. (a) Director of Public Works requested McDonald Acres Subdivision Compliance Agreement be added to open agenda as well as a report on Transportation issues. COUNCILOR BRIAN ARRIVED AT 7:42 P.M. (b) Councilor Scheckla requested some discussion regarding payment of bills. (c) LaValle Allen, 7540 S.W. Hermosa, spoke to the volunteer effort that was being directed to gathering signatures for a request to vote. He presented the Mayor with copies of petitions of 2,650 voters requesting an election by held September 20, 1983. Mayor Bishop received the petitions noting the signatures are now being verified by the County Elections Department. CITY ADMINISTRATOR JEAN AND LEGAL COUNSEL SULLIVAN ARRIVED AT 7:43 P.M. (d) Mayor Bishop requested 2.5 "Summerfield/Civic Association Letter" be removed from Consent Agenda and discussed along with the Director of Public Works discussion on Open Agenda "Transportation Issues". 3. APPROVE MINUTES OF APRIL 11 & 18, 1983 (a) Motion to approve by Councilor Brian, seconded by Councilor Cook. Approved by unanimous vote of Council. 4. ACCEPT NW ICMA CONFERENCE REPORT (a) Motion to accept report by Councilor Brian, seconded by Councilor Cook. Approved by unanimous vote of Council. 5. ACCEPT PROCLAMATION "TIGARD FUTURES DAY" (a) Motion to accept by Councilor Brian, seconded by Councilor Cook. Approved by unanimous vote of Council. PAGE 1 - COUNCIL MEETING - MAY 9, 1983 6. RECEIVE AND FILE THE FOLLOWING: l o TCYS Monthly Report o Memo on Manufactured Homes o Letter of Resignation from Park Board - Mary Payne (a) Motion to receive and file by Council Brian, seconded by Councilor Cook. Approved by unanimous vote of Council. 7. APPROVE EXPENDITURES AND INVESTMENTS $165,155.03 (a) Motion to approve by Councilor Brian, seconded by Councilor Cook. Approved by unanimous vote of Council. 8. RESOLUTION NO. 83- 42 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN A STREET DEVELOPMENT PROJECT KNOWN AS S.W. FANNO CREEK DRIVE, SUBJECT TO HEREIN SPECIFIED CONDITIONS. (a) Motion to approve by Councilor Brian, seconded by Councilor Cook. i Approved by unanimous vote of Council. 9. ACCEPT AND AUTHORIZE SIGNING FOR THE FOLLOWING: o Street Dedication, Thomas M. & Riley R. Taylor, S.W. 72nd LID - $250. o Easement for Utilities, Thomas M. & Riley R. Taylor, S.W. 72nd LID. o Construction Easement, Thomas M. & Riley R. Taylor, S.W. 72nd LID. o Easement for Utilities, Arlene B. Stites & Lynn B. & Monica McDonald, 3 S.W. 72nd LID. o Easement for Utilities, Nickoloff & Mac Sharp, and Sharp & Associates, 72nd LID. t o Construction Easement, L.B. & Monica McDonald, 72nd LID. } o Dedication Deed, Washington County/Pacific Realty Trust. o Easements for Utilities, R.O. & N.L. Gronholm & D.L. & B.A. Hurt, 72nd LID. (a) Motion to accept and authorize signing by Councilor Brian, seconded by Councilor Cook. Approved by unanimous vote of Council. 10. APPROVE SCHOOL DISTRICT TEMPORARY OCCUPANCY (a) Motion to approve by Councilor Brian, seconded by Councilor Cook. Approved by unanimous vote of Council. t PAGE 2 - COUNCIL MEETING - MAY 9, 1983 11. DISAPPROVE REQUEST TO WAIVER FEE FOR DEEMIE SUBDIVISION VARIANCE. (a) Motion to deny request by Councilor Brian, seconded by Councilor Cook. Approved by unanimous vote of Council. 12. KEY TO CITY - ENGLEWOOD VOLUNTEERS o John Irish Family, 11362 SW Ironwood Loop o William Taylor Family, 11364 SW Ironwood Loop o Richard Long Family, 11342 SW Ironwood Loop o Bill Bennett Family, 11340 SW Ironwood Loop o Curtis Stephens Family, 11338 SW Ironwood Loop o Eric Weisenborn Family, 11336 SW Ironwood Loop o Frank Lamothe Family, 11356 SW Ironwood Loop (a) Mayor Bishop recognized efforts of neighbors who worked on Englewood Park and presented certificates to those present. Others will be mailed by City staff. 13. RATIFICATION OF COMPREHENSIVE PLAN (a) Public Hearing Opened a Planning Director Monahan and Associate Planner Coursolle summarized memo to Council noting recommended changes. Coursolle estimated the housing density is now calculated at 9.5, including C.P. designations. o Planning Director read a letter from Robert Shannon requesting property at Bonita & Hall Blvd. be zoned C.P. with P.D. overlay. . o Mr. Shannon, 5535 S.E. Salmon, testified regarding his request and suggested a deed restriction which would prohibit convenience food stores, eating and drinking establishments. He submitted photos of typical commercial developments. o City Attorney recommended the City make a special kind of P.D. overlay to eliminate some of the Commercial uses. He did not recommend the City deal with deed restrictions. o Chris Vanderwood, NPO #5 representative, stated the NPO wanted this property to be designated residential use only, however, the NPO will go back to the citizens and go over the proposal. She requested Council uphold their original position. o Sharon Simpson, 9221 S.W. Barbur, Suite 310, Attorney representing Friesen's property, requested the property on Hall. Blvd. be returned to C-P (Commercial Professional) zoning. o Richard Bobery, 10660 S.W. North Dakota, submitted a petition containing 13 names from his neighborhood, requesting the neighborhood be designated as an R-10 zone. COUNCILOR SCHECKLA LEFT COUNCIL BENCH AT 8:14 P.M. PAGE 3 - COUNCIL MEETING - MAY 92 1983 t o Bibianne Scheckla, 10890 S.W. Fairhaven Way, speaking on behalf of Lucy Scheckla, Tax Lot 500 on S.W. Durham Road, requested the property be rezoned medium high density. o Marie Breed, Star Route Box 1051, Gales Creek, owner of property adjoining Scheckla's requested zoning be changed back to medium high density. o Leonard Scheckla, 10200 S.W. Durham Road, Tigard, spoke regarding Tax Lot 500 and requested review of Planning Commission process and what staff recommended. Staff recommendation: Property is suitable for medium high density. o Jerry Linschoten, 16120 SW Grimson Court, President of Picks Landing Home Owners Association and NPO #6 member, summarized events regarding Tax Lot 555 that lead to changing the zoning through the Planning Commission hearings. He reported the residents are still concerned regarding the density issue. He asked members of audience to stand who were concerned about the issues. o Greg Schneider, 10080 S.W. Riverwood Lane, testified for low density on Scheckla property. o Bruce Rogers read a statement from residents of Picks Landing urging low density for the Scheckla property. o Other residents from Picks Landing who spoke recommending low density for Tax Lot 500 were: Russell Dye, 10155 S.W. Riverwood Lane Donna Wilson, 10140 S.W. Riverwood Lane Jack Meyers, 9950 S.W. Riverwood Lane o There was discussion by Council and Councilor Scott suggested Council try to work out medium density as a compromise. o Joe Van Lom, 34 NW 1st, Portland, representing Alpha Properties, spoke regarding 10485 S.W. N. Dakota Street 6.38 acre parcel zoned A-12 (medium density). He requested A-20 (medium high density) designation. COUNCILOR SCHECKLA LEFT THE MEETING AT 8:50 P.M. o Richard Boberg, NPO #7, requested NPO #7 have input if the Alpha Properties zone is to be changed. o Martin O'Malley, President of Alpha Properties, 800 S.W. Timberline Drive, urged higher density for this property. o Carl Johnson, 6155 S.W. Bonita Rd. , Lake Grove, property owner in the triangle at Atlanta and S.W. 69th; proposed same kind of restriction apply to water and sewer as applies to triangle development with respect to Dartmouth Street development. He suggested no property be developed until sewer is within 200' of all vacant property and is in need of sewer. He also suggested the restriction on Dartmouth Road have a sunset provision of 2 years if not completed. PAGE 4 - COUNCIL MEETING - MAX 9, 1983 o James R. Miller, 12918 S.W. 63rd Place, Portland, spoke to Dartmouth connection and suggested when the State of Oregon has completed the interchange, development not be held up. o Richard N. Sturgis, 2216 S.W. Sunset Blvd. , Portland, requested the A-70-80 designation be returned to his 1.6 acre parcel at 13335 S.W. Hall Blvd. o Gary Ott, 9055 S.W. Edgewood, Acting Chairman NPO #1, supported 12 units per acre and urged maintenance of medium density as adopted for Sturgis property. o Bob Bledsoe, Chairman NPO #3, 11800 S.W. Walnut, spoke to the Comprehensive Plan transportation issues and speed zones. He also suggested duplexes only on S.W. 112th Street and S.W. 114th Street. He asked for clarification of CP zone designation on Bull Mt. Road. o Marie Breed, Star Route Box 1051, Gales Creek, submitted rebuttal to testimony and again requested medium high density. o Bibianne Scheckla, representing Lucy Scheckla property, submitted rebuttal and requested high density. (b) Public Hearing Closed MEETING RECESSED AT 9:28 P.M. MEETING RECONVENED AT 9:44 P.M. (c) ORDINANCE NO. 83- 24 AN ORDINANCE RATIFYING THE TEXT AND MAPS OF THE COMPREHENSIVE PLAN; AND DECLARING AN EMERGENCY. (d) Motion by Councilor Cook, seconded by Councilor Brian to adopt Ordinance No. 83-24. o Councilor Cook suggested Council allow the proposals submitted tonight be heard at the NPO and Planning Commission level with waiver of fees and that they be submitted as an amendment to the plan. The Planning Department to notify property owners and NPOs. o Discussion followed and consensus was the 3 changes made in error and noted in Planning staff memo be included in ordinance to be adopted. Exhibit A (map on wall) referred to marked 3 technical changes: I. East side of Hall Blvd. , South of 99W to be shown as Commercial Professional Office by prior approval, underlying zone C-P. 2. South side of Bonita, West of 79th - to be shown as Medium Density Residential by prior approval, underlying zoning R-5. 3. North side of Canterbury, East of 99W should be shown as Medium Density Residential because of existing residential uses on property, underlying zoning A-12. PAGE 5 - COUNCIL MEETING - MAY 9, 1983 (d) Motion by Councilor Brian, seconded by Councilor Cook to amend the r. C-L (Commercial-Linear) designation to C-G (Commercial-General) wherever it appears on zoning map. o City Attorney suggested language be added to ordinance to read as follows: New Section 2-A: "Wherever the designation C-L (Commercial-Linear) appears on zoning map for Ordinance 83-17, ratified by this ordinance that designation shall read C-G (Commercial-General)." Motion approved by unanimous vote of Council present. o Discussion followed regarding density issues on Canterbury Lane. o City Attorney suggested substitute language for New Section 2-A of ordinance. Language to be corrected to read as follows: "Wherever the designation C-L (Commercial-Linear) appears on the plan map for Ordinance No. 83-16, ratified by this ordinance, that designation shall read C-G (Commercial-General). (e) Motion by Councilor Brian, seconded by Councilor Cook, to substitute corrected language. notion approved by unanimous vote of Council present. (f) Motion by Councilor Cook, seconded by Councilor Brian, to allow the people who made presentation for changes tonight be allowed to pursue comprehensive plan changes for parcels, with waiver of fees, and request must be submitted to staff within 30 days. Individuals are to apply for a fee waiver. Motion approved by unanimous vote of Council present. Ordinance No. 83-14, as amended, was approved by unanimous vote of Council present. 14. ASH/PACIFIC LID, #38 (Continued from 4-25-83) o Director of Public Works recommended item be continued to May 16, 1983. (a) Motion by Councilor Brian, seconded by Councilor Scott to continue public hearing to May 16, 1983. Motion approved by unanimous vote of Council present. MEETING RECESSED AT 10:05 P.M. AND RECONVENED AS TURA 15. ROLL CALL: Present: Chairman Wilbur Bishop; Agency Members Tom Brian, John Cook, and Ima Scott. o Discussion of Attorney's memo of 5/5/83 by Agency Members and city Attorney regarding election of officers and who may hold positions. PAGE 6 - COUNCIL MEETING - MAY 9, 1983 (a) Motion by Councilor Cook, seconded by Councilor Brian that the following be elected: Wilbur Bishop as Chairman and Kenneth Scheckla as Vice Chairman. Motion approved by 3-1 vote of Agency Members present; Agency Member Scott voting Nay. o Discussion followed regarding cost of challenging a vote and who funds the cost. City Attorney explained process and noted the City would be constrained to defend whatever is in the City Charter, not as a TURA expense but as a general City expense. MEETING ADJOURNED AT 10:15 P.M. REGULAR MEETING RECONVENED AT 10:16 P.M. 16. OPEN AGENDA 16.1 ACCEPT SUBDIVISION COMPLIANCE AGREEMENT AND PERFORMANCE BOND - McDONALD ACRES (a) Motion by Councilor Brian, seconded by Councilor Scott, to accept the subdivision compliance agreement and authorize the Mayor and City Recorder to execute. Motion approved by unanimous vote of Council present. 16.2 DURHAM ROAD TRANSPORTATION ISSUE o Director of Public Works reported on meeting with concerned parties at Washington County regarding Durham Road issues and reported the consensus of group (Tigard was the exception) was to study the problem some more. o Discussion followed regarding future studies, what can be done now and the submission of the comprehensive plan with the Durham & Murray Road policy discussions. o Staff suggested working with the County on alternative proposals so both comprehensive plans can be adopted. Consensus was to take proposal of restricting truck traffic on Durham Road from 3:00 P.M. to 9:00 A.M. to Washington County. Staff noted Transportation Committee meeting will be this Saturday and that Councilor Brian is the City's elected representative. Councilor Brian stated this is a high priority issue and requested other Councilors to attend. 16.3 PAYMENT OF BILL o Councilor Scheckla's concern regarding this item was to call to Council's attention the School District charges overtime when Council meetings go beyond 11:30 P.M. o Councilor Scott and Mayor Bishop discussed handling of Council's mail and Councilor Scott requested she not be volunteered to serve on boards or committee's unless she gives prior approval. PAGE 7 - COUNCIL MEETING - MAY 9, 1983 16.4 TURA DISCUSSION ( o Council discussed whether TURA Officers and Board can be citizens rather than Council Members. Attorney responded they can be either, but not a mix of the two bodies. 17. EXECUTIVE SESSION: Council went into Executive Session under ORS 192.660 (1)(d) and 192.660 (1)(f) to discuss labor relations and pending litigation at 10:45 P.M. COUNCIL RECONVENED IN REGULAR MEETING AT 10:58 P.M. (a) Motion by Councilor Brian, seconded by Councilor Cook to give tentative approve of the TMEA contract subject to final ratification upon receipt of the final document. Motion approved by 3-1 vote of Council present, Councilor Scott voting Nay. 18. MEETING ADJOURNED AT 11:00 P.M. 41 City Recorder 7" i ATTEST: iftayor (0545A) PAGE 8 - COUNCIL MEETING -- MAY 9, 1983 TIMES PUBLISHING COMPANY Legal E P.O. BOX 370 PHONE(503)684.0360 Notice 7-6821 BEAVERTON. OREGON 97075 'jAE(:)EIVE1) Legai Notice Advertising r 198" • e ❑ Tearsheet Notice City of Tigard (gy OF TIGARD • P.O. Box 23397 ° ❑ Duplicate Affidavit Tigard, Oregon. 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I Susan Pinkley being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tigard Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard ortgon in the aforesaid county and state; that the PUBLIC HEARTN(, NOTTCF a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for one successive and consecutive in the following issues: April 28, 1983 Subscribed and sworn tore me this A ril 28, 1983 Notary Public for Oregon My Commission Expires: February 24, 1986 AFFIDAVIT E i t• puBUOi HEAFI Q'NOTICF- '1' t?gllisvrtq tai#1 Isiderd°Rd qty�onncll o Y tl>1983 *t-,7:3g-p2 at 1Fiswtiir'v+iitstot 1�„ FSc of ,Lec 00-0 s Im Wawa5t�ed. 4a mer�lrilerlo Y used �m the City or l.Ire- £al t �stct'l�vg eut at,1 7 5 SW °► venue, e.=0'a ttic Ifl '1G �fir►tomes+�sar�Y adtt tla8t M" at ff III IN �3 TIMES PUBLISHING COMPANY Legal 7_6831 O. BOX 370 PHONE(503)684-0360 Notice / BEAVERTON, OREGON 97075 1 .i. Legal Notice Advertising ' s ❑ Tearsheet Notice RECEIVED City of Tigard MAY 191993 ® P . O . Box 23397 s C1 Duplicate Affidavit Tigard, Oregon 97223 CITY OF TIGARD s AFFIDAVIT OF PUBLICATION STATE OF OREGON, )ss COUNTY OF WASHINGTON, ) 1 slisan Pi nk ir a being first duly sworn, depose and say that l am the Advertising Director, or his principal cleric, of the Tig a n d T;m e s a newspaper of general circulation.as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid co my and state; that the Legal uNotice a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 7 successive and consecutive in the following issues: May 5 , 1 83 Subscribed-andetobeforee this I 3' 19 Notary Public for Oregon 3/16/87 My Commission Expi s: AFFIDAVIT MOON f} y ie>a aMAY ate 'a uisf��'for your biioa mak�on. ;i oa'mai:oa and Ad1 sada msg' nt►tsia��d from ttac fYty 3teoatder, J PEfar�.TlE.�d� mliu 'wo }� Date May 9, 1983 I wish to testify before the Tigard Ci ty Council on the following item: (please print your name) 1.3 Call To Staff, Council & Audience For Non-Agenda Items Under Open Agenda Name , ?Address & Affiliation Item Descriptio: ',"-7,-;5 L i ( r _ rs_ i s Date May 9 , 1983 I wish to testify before the Tigard City a Council on the following item: (Please print your name) AGENDA ITEM # 4 COMPREHENSIVE PLAN PUBLIC HEARING � �, n,-"Nzunie, Address & Affiliation Ytem Description VKZ / ..ice . S`L 7 7^'t .J J .-__.�[ 4-_-X L �' / 'St-\C.-` i'A S 11 11 SC. C1 C1 .--2 ` l"�) I�cc„- i��•;� 'SlU 3 4'�� � �n� �C�t�t�( in``_ i (:' �Z-LJ i�. 5•• ��-t..,-��;c,'�' C'__� ---- ! �l �"� � � ; "\-f� �7�o P, s/ A/,�� Ti�1 Qtr ®o s u/ q1Ae72Z'AA:5-,O2 G� % '�i{ � `J C� IAC G L.�C'�-j lam% (✓ J :/ �L � (.J G �c •�f` � ��l r IV(t !! <1 Z-�j" L� �la. 4-•/J�2 D /r�L / t/,a� c� --/— , - �1c.Ntdr�t� 1✓ •��v1tGdS 2.2(C� v _ ;1 M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: BOB JEAN, CITY ADMINISTRATOR DATE: MAY 4, 1983 SUBJECT: NORTHWEST CITY MANAGER' S CONFERENCE APRIL 12 - APRIL 14 , 1983 The Regional City Manager ' s Conference focused on five current topic areas presently being studied by the International City Management Association: 1. ) the recruitment and employment agreement relationship between the Council and the City Manager; 2. ) the ongoing need for Council-Manager training; 3 . ) transition assistance to Managers and Councils during a change of the administrations; 4 . ) telecommunications, especially in network information sharing amongst City Managers and the communities; and 5 . ) small city support from ICMA. The use of an executive search firm hired by the City Council was emphasized. Elements of good employment agreements that balance city and manager issues was stressed. Formal on-going training for City Councils and City Managers was suggested on an annual basis. The emphasis being on goal setting and roles and responsibilities. Materials for these programs are available through the National League of Cities, International City Management Association and through State Leagues. Regarding the issue of transition assistance, both to the City and to the Manager, the use of retired circuit riders was discussed. Often times these retired professional City Managers can provide some interim or technical assistance to the Acting Manager. A proposal for group medical benefit rates through the International City Management Association was also discussed, whereby the terminated City Manager could continue to make his own payments into the group fund through ICMA. This would lessen the reverence obligation to the employer and assist the manager during his job search. It was also discussed that State law might need to be amended in Oregon to allow Chief Executive Officers to opt out of the P.E.R.S. (Public Employees Retirement System) and to elect to contribute to the ICMA Retirement Corporation. This is not currently a problem for Tigard since ICMA/RC is our deferred comp. program, but it might become an issue at some point in the future. . . . Continued . . . t =ARM MM t The emphasis of these first three areas was essentially that o strengthening the entire process from selection to the basic working relationship to eventually the transition from a current Administrator to a new Administrator. The emphasis was that this cycle needed to be acknowledged by the City Council and the City Manager. The length of that cycle obviously depends upon the local needs of the community and the interest and ability of the parties. Telecommunications is the fourth area of interest being emphasized by the ICMA. Rather than a whole series of magazines and text it is suggested that ICMA develop a central data base system that could eventually become an on-line information system into which people could contribute successful project ideas and from which they could draw on current experience of other communities . It was suggested that ICMA even consider buying time on a sattelite communications network that would allow access to that information nationally and at a relatively low cost even for small communities . The fifth emphasis of ICMA turned out to be the most revolutionary. The current ICMA President is from a city of 30 , 000 , Wilmette, Illinois . He was concerned that ICMA was spending too much of its time and energy focusing on the big problems of the larger cities and that the bulk of its attention perhaps might be best spent on small cities . The intent was to develop a small city support program. What arose was a finding that 53% of the communities involved with. ICMA are cities under 10 , 000 , and that 80% of the member cities are those under 30 , 000 in size. The conclusion of the Small Cities Task Force was that rather than develop a small cities program for ICMA that in fact ICMA should target its ll cities and only secondarily towards energy primarily towards sma fewer larger communities . It was felt that in this way the professional knowledge and sharing amongst City Managers might benefit the most communities and in turn the largest number of people nationwide. Additional to these primary topics there were a series of other workshop topics. On Tuesday evening I and a dozen or so other City Managers met with Steve Bauer of the League of discuss the developing property tax limit spending limit compromise that was then emerging and has since been publicly discussed. We raised three particular concerns to the proposed issues: 1 . ) that operating dollars need to be separated in the expenditure limit from capital project dollars, wnich really ought to rise or fall on their own; 2. ) that reserves do not equal surplus and ought to be encouraged, not penalized; 3 . ) that transfers of functions among governments ought not be be discouraged or double-counted. Additional topics discussed at the workshop dealt with: o The product information network whereby purchasing information can be shared amongst cities nationwide on common major expendi- tures. . . . Continued . . . o Binding arbitration and alternatives to gong all the way through with binding arbitration. o Small computers and some of the developing software applications for local government. o Downtown development strategies , particularly leaning on the Eugene experience which used downtown events , LID ' s and urban renewal tax increment finance. o Discussion with investment banking firm on the impacts of WPPS bond situation and possible default on northwest bonds . The point was made that on any major bond issue of a million dollars or more that cities should seriously consider going back to New York and defending their bond rating or trying to improve their bond rating face to face with the rating companies. Obtaining the Municipal Finance Officer' s Certificate of Conformance was also encouraged as a way of getting and retain- ing a good bond rating. o The final topic discussed at the conference was regarding joint labor-management committees which is an alternative to binding arbitration being used very successfully in Massachusetts . RWJ dkr o�. ., . . i al in � I PROCLAMATION FIRST ANNUAL TIGARD FUTURES DAY JUNE 4, 1983 i t WHEREAS, the Ad Hoc Futures Committee was formed in the summer of r 1981 by the Metropolitan Service District Council to support 1 research on the trends of changes in the Portland area; and a WHEREAS, the Ad Hoc Futures Committee was supported by members i from the City Club, the Metropolitan Citizens League, the Chamber of Commerce, Metro Council , and City and County governments; and i " WHEREAS, this Committee met frequently for more than a year to study all the previous long-range planning for the Portland area, land to evaluate current efforts in other cities, and to seek guidance from futurists; and •• WHEREAS, this Committee finished their research and published I their findings in a document entitled CRITICAL CHOICES FOR GREATER PORTLAND, wherein they identified areas of critical concern for the future of the Portland area; and WHEREAS, it was recognized that greater public awareness and involvement was needed to find the best solution to the problems within the critical areas, and a public conference was designed to enable public participation; and WHEREAS, the Oregon Community Foundation agreed that the critical areas of concern were valid issues affecting the quality of life gin the present and future, and granted funds for a public conference; i `..�. NOW, THEREFORE, be it know that I, Wilbur A. Bishop, Mayor of " the City of Tigard, do hereby proclaim the day of June 4, 1983 to be a THE FIRST ANNUAL TIGARD FUTURES DAY in Tigard, and call upon the citizens of this City to observe ., this day by participating in the Critical Choices Conference '83 which will be held at the Buckley Conference Center at the • University of Portland. Given under my hand as Mayor of the City of Tigard this 9th day of May, 1583. IMayor City ot ligard t INS, IIIII11601W MINER. ` irk jj Y. X. MEMOPANDUM TO: Members of the City Council FROM: William A. Monahan, Director of Planning & Development DATE: April 27, 1983 SUBJECT: Manufactured Homes During our discussions concerning the Comprehensive Plan element on Housing, the City Council modified staff's proposed language concerning manufactured housing. Following is the language now contained in the element following Policy 6.1.2: Implementation Strategy: "The Tigard Community Development Code shall allow for manufactured homes in manufactured home parks and subdivisions, within specified development districts." Currently, the Legislative Assembly is considering Senate Bill 249 (copy attached) which would override our local ordinance and require Tigard to allow manufactured homes on lots in single family residential zones. It would, however, allow Tigard to designate lots on which manufactured homes will be allowed. I am providing this to you for information only should you wish to comment to our representatives on this issue. From the Desk of ?..LATE REPRESENTATIVE NORM SMITH H470 State Capitol Salem, Oregon 87310 62nd OREGON LEGISLATIVE ASSEMBLY--1983 Regular Session 378-8778 A-Engrossed Senate Bill 249 Ordered by the Senate April 15 Including Senate Amendments dated April 15 PRINTED PURSUANT TO ORS 171.130 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President(at the request of Senate Interim Committee) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure. Prohibits city and county comprehensive plans and implementing ordinances from preventing the siting of certain manufactured homes on lots in single family residential zones. Authorizes local governments to designate lots on which manufactured homes will be allowed. I A BULL FOR.AN ACT 2 Relating to manufactured homes. 3 Be It Enacted by the People of the State of Oregon: 4 SECTION 1. Section 2 of this Act is added to and made a part of ORS 197.295 to 197.307. 5 SECTION 2.(1)Upon and after the first periodic review,city or county comprehensive plans and land use 6 regulations shall not prohibit, directly or indirectly, manufactured homes, that meet the requirements of 7 subsections (2) and (3) of this section, from being sited on all lots planned and zoned for single family ( 8 dwellings. A comprehensive plan or land use regulation may designate the lots planned and zoned for single 9 family dwellings on which manufactured homes that meet the requirements of subsections (2) and (3) of this to section may be allowed. 11 (2) A manufactured home qualifies under subsection (1) of this section if it meets all of the following 12 criteria: 13 (a)It is multisectional. 14 (b)It encloses a space of not less than 864 square feet. 15 (c)It has a pitched composition shingle or wood shake roof. 16 (d)It is set upon a foundation approved by the Department of Commerce,and if not placed at ground level, 17 it has skirting which complements the structure. 18 (e)It has exterior siding in color,material and appearance similar to the exterior siding material commonly 19 used on residential dwellings. 20 (3)A city or county may subject a manufactured home sited under subsection(1)of this section and the lot 21 upon which it is sited to any development standard to which a conventional single family residential dwelling on 22 the same lot would be subject, except those development standards which would prevent all manufactured 23 homes from being sited on the lot. Development standards include,but are not limited to,building setbacks and 24 aesthetic and architectural requirements. i NOTE: Matter in bow face in an amended section is new;matter[italic and bracketedl is existing law to be omitted. A-Eng. SB 249 [2] 1 (4) Nothing in this section precludes a city or county from allowing mobile homes, as defined in ORS 2 446.003(19), and manufactured homes that do not meet the requirements of subsection (2) of this section on / 3 lots planned and zoned for single family dwellings. (\ 4 (5)City and county comprehensive plans and land use regulations shall adequately provide for the siting of 5 mobile homes as defined in ORS 446.003(19)and manufactured homes not provided for in subsection(1)of this 6 section within areas planned and zoned for residential use. r 1 TIGARD COMMUNITY YOUTH SERVICES MONTHLY SERVICE REPORT MARCH, 1983 APR 2 S 1983 1 . Number of Youth Referred This Month: 34 Re-referrals : 0 Cancellation 6 TOTAL:_4 No Show 6 2. Living Status : — open Cases: _LLBoth Parents __aFather Leslie 20 _Mother/Stepfather 2 Relatives Father/Stepmother Unknown Linda 15 Mother Independent Anne 5 1�-Mother ,_Other (Specify)(Sister) Miriam 4 3. School Status : 26 Full-Time Suspended Unknown Part-Time Expelled `1 Discontinued High School Grad. 5 Irregular Attendance _2 GED 4. Sex: 21 Male 13 Female 5. Ethnicity_: 34 White Native American _Hispanic Black Asian Other 6. Prior Court Contact: 10 Yes 24 No 7. Residence: 30 Tigard 3 Tualatin 1 Other Incorporated Unincorporated R. Source of Referral : 10 School 6 Parent 3 Self 2 _Juvenile Department CSD 11 Other Individual 2 Other Agency Police Reason for Referral : _ 8 Family Problems Educational Assistance Activities/Recreation School Problems 20 Employment Law Violation 6 Personal Problems Drug/Alcohol Problems kONTHLY REPORT "age Two 10. Acme: 3 Under 12 7 16 6 13 4 17 8 14 1 18 5 15 Over 18 11 . TCYS SERVICES PROVIDED THIS MONTH: HOURS: NUMBER SERVED: 344 ( 1) Individual Counseling. . . . . . . . . . . . . . . . . . 38 ( 2) Group Counseling. . . . . . . . . . . . . . . . . . . . . . . 281z ( 3) Family Counseling. . . . . . . . . . . . . „ • . . . . . . 82 _ (4) Educational Counseling. . . . . . , . . • • • • • • • • 1 (5) Drug Counseling. . . . . . . . . . . . . . . . . . . . . . . . . .------�--- - --- 6a (6) Alcohol Counseling. . . . . . . . . . . . . . . . . . . . . 1L— - -- g (8) Needs AssessTent. . . . . . . . . . . . . . . . . . . . . . . _ 20 (_ SERVICES: 143 (7) Employment Counseling. . . . . . . . . . . . . . . . . . 105 43 (9) Job Placement-Kids for Hire. . . . . . . . . . . . Jnr--_ 21 (10) Job Placement- Permanent. . . . . . . . . . . . . . ... 21 _ 14 (11 ) Job Readiness. . . . . . . . . . . . . . . . . . . . . . . . . ` -108 (12 ) Recreation. . . . . . . . . . . . . . . . . . . . . . . . . . . . (13 ) Big Brother/Big Sister. . . . . . . . . . . . . . . . (14 ) Support Services. . . . . . . . . . . . . . . . . . . . . . 1 (15 ) On-Going Follow-Up. . . . , . . . . . . . . . . . . . . . 17 16 (16 ) 3-Month Follow-Up. . . . . . . . . . . . . . . . . . . • 16 (17 ) Tutoring/GED. . . . . . . . . . . . . . . . . . . . . . . . . . . (18 ) Transportation. . . . . . . . . . . . . . . . . . . . . . . . 4 (19 ) Agency Coordination. . . . . . . . . . . . . . . . . . . _28 (20 ) Parent Education. . . . . . . . . . . . . . . . . . . . . . (21 ) Community Education. . . . . . . . . . . . . . . . . . . Specify (22) Other. . . . . . . . . . . . . . . . . . . . . . . . . . I 12. Job Orders Received: Kids For Hire 47 17 Kids Applying -For Work Permits Permanent: 26 6 Kids Applying for Social Security TOTAL: 7T- Ewa MONTHLY REPORT f je Three 13. Volunteers : 22 Active This Month '161 Hours Donated 14. Big Sister/Brother Program: 8 Matched Pairs 0 Kids Pending 0 Volunteers Pending 15. Information/Referral Contacts : 556 Total Contacts _ 15 Youth 39 Phone 39 Information 411 Phone(DTVloyment related) 32 Adults 8 Person 12 Referrals 16. Consiltation Hours : 21 Program Consultation 12 Other Service Agencies b a_ 75 Non-Client Consultation 17 Training —31-_ Community Relations Miscellaneous 17. Parent Education Program: # In Group # Sessions Service Units Pre-STEP STEP ----- --- ------- Stress Management _ Communication/Adolescent Self-Esteem Single Parents Step Parents Adolescent Sexuality Workshops TOTALS: APR rrJJ cz �. PAYMENT OF BILLS FOR COUNCIL APPROVAL 4/30/83 PROGRAM BUDGET Community Services 1.1 Police 15,668.35 1.2 Finance & Records 4,706.04 _ 1.3 Municipal Court 369.14 1.4 Library 2,377.44 1.5 Social Services _ -0- Total Community Services 23,120.97 Community Development 2.1 Public Works 13,160.02 l 2.2 Planning & Development 2,946.69 Total Community Development 16,106-71 Policy & Administration 3.1 Mayor & Council 1,495.26 3.2 Administration 2,063.26 Total Policy & Administration 3,558.52 City Wade Support Functions 4.1 Non-departmental 91306.55 Misc. Accounts (refunds & payroll deductions, etc. ) 45,352.37 Investment _0 DEBT SERVICE 5. Bancroft Bond & LID Expenses 67,709.91 UNIFIED SEWERAGE AGENCY Contract _0 TOTAL AMOUNT OF CHECKS WRITTEN 165,155.03 Ident 31 �, p STREET DEDICATION 0 KNOW ALL MEN BY THESE PRESENTS, that Thomas M. Taylor and Riley R. Taylor,� W as tenants in common, --t2 r� -Two f jvAl00'Co - ( the sum of''. �. . } grant and V hereinafter called grantor(s), for dedicate to the Public a perpetual right-of-way for street, road and utility purposes on, over, across, under, along and within the following described real props=rty in Washington County, Oregon: See Attached Exhibit "A" To have and to hold the above-described and dedicated rights unto the Public for the uses and purposes hereinabove stated. icx (are) the owner(s) in The grantor(s) hereby covenants thatx}aax(csha) (they) fee simple and have good and legal right to grant txk%xWmv,� (their) rights above-described. IN WITNESS WHEREOF, the rantor(s)xhaz (have) hereunto set lticstx(ch9 (their) hand(s) and seal(s) this day of (SEAL) (SEAL) omas . ay or (SEAL) Riley R. Taylor (SEAL) STATE OF OREGON ss. COUNTY OF WASHINGTON) �� 19�_, BE IT REMEMBERED that on this day of�� before me the undersigned Notary Public in and for the State of Oregon personally appeared the within-named Thomas M. Taylor- and Riley R. Tavlor --- who is (are) known to me to be the identical individual(s) described in and who executed the within instrument and acknowledged to me that.KK (KKg) (they) executed the same freely and voluntarily. of IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day ---------- Notary y Public f 0gon r My Commission xpires: 3/ 19� Approved as to form this �,_ day of //�iw�s�i By: City ttorney - Civy o igar Approved as to legal description this �day of ' 19 53. By: Approved this day of 1 CITY COUNCIL, CITY OF TIGARD, OREGON By: Right-of-Way Acquisition Description Exhibit "A" Ident. No. 31 Page 1 of 2 A parcel of land in the N.E. 4 of Section 12 of T.2S, R. 1W. , W.M. , the City of Tigard, Washington County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Book 925, Page 673, (Deed) of the Washington County, Oregon, Records (T.L. 2101, Map 2S-1-12A) which falls between a center line and a line 25 feet westerly at right angles and parallel to said center line, said center line being described as fo:lows: Beginning at a point that is N 89040'44" E, 20.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner (the northwest corner of the East 'Z of the southeast of said Section 12) noted as Point "P" on County Survey No. 13,247; thence along a center line N 0016'56" W, 2627.25 feet. to a point at the end of said center line that is N 89043'04" E, 20.00 feet from a stone at the recognized 1/16th corner (the northwest corner of the East 'j of the northeast of said Section 12) noted as Point "B" on County Survey No. 13,247. 12/14/82 80. 194.118 Page 2 of 2 ,or-. at Recognized 1/16th —z��1�� N 89043'04" E 20.00 Corner (Point "B" on C.S. 13,247) c � J ' L ' Naj I I C Cu - ! � I a: o Iu U I Id QI N t •X I i W Scale: 1"=50' Date: 12/14/82 N I v I o I Additional Right-of-Way +� � I0 U Assessment Ident No. 31 20' NI Tax Lot No. 2101 Tax Map No. 2S-1-12A C, Owner: Thomas M. Taylor and ' 25' I Riley R. Taylor \' I Deed Ref.: Book 925, Page 673 Additional Right-of-Way s 30' Contains 635 Square Feet more or less �� � 3 LO L I o I o I % ` ' z L,; %\ I W u' I ( Brass Cap its Iron Pipe at ' N 89040'44" E 20.00 Recognized 1/16th Corner (Pt. "P" on C.S. 13,247) - DeHAAS &ASSOCIATES, INC- RIGHT OF WAY ACQUISITION MAP CONSULTING ENGINEERS & SURVEYORSLID NO. 21 Suite d4S.AGC Cont" (Soil OW82-63"A CS CITY OF TIGARD, OREGON 9450 S W.Commerce Cues Re: wll,o—ma,G,epu+07070 Fi1Q Nr \ Q Project: 72ND AVENUE AREA - LID No. 21 Assessment Ident. No. : 31 Tax Lot No. : 2101 _ Tax Map No. : 2S-1-12A Deed Reference: Book 925, Page 573 EASEMENT FOR UTILITIES Thomas M. Taylor and Riley R. Taylor, KNOW ALL MEN BY THESE PRESENTS That as tenants in common of the County of Washington State of Oregon in Consideration of the sum of $1.00 (one dollar) to them in hand paid, do hereby grant and convey unto the City of Tigard, a municipal corporation organized and existing under the laws of the State of Oregon, a right-of-way and easement over, across and under the following described real property situated in the County of Washington, State of Oregon, to-wit: PERMANENT EASEMENT DESCRIPTION See Exhibit "A" Attached S i This permanent easement is granted for the purpose of laying, constructing, replacing, and maintaining utility lines, and the easement herein granted shall include the right for the Grantee to go over, across and under said z land for the purpose of installing said utility lines and maintaining and repairing them, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not •interfere with the uses and purposes of the easement. Page 1 Utility Easement TEMPORARY EASEMENT DESCRIPTION NONE This temporary easement is granted solely for the purpose of constructing utilities within the above described permanent easement. Said temporary easement shall cease to exist Thirty (30) days fro;►, the date of certifi- cation of completion of the project by the Engineer. Grantors covenant to and with Grantee that they will not in any manner interefere with or restrict, except as herein stated, Grantee's use of said easement. This right-of-way and easement is granted with the understanding that any work done by the City of Tigard pursuant hereto will be so done as to leave the premises here described in condition reasonably similar to the previous state thereof when any work is finished thereon. TO HAVE AND TO HOLD THE Herein described right-of-way and easement unto the City of Tigard, its successors and assigns, forever. In the event that it becomes necessary for any person now or hereafter a party to the benefits and/or obligations of this easement to institute any action or suit to enforce any of their rights hereunder, the party prevailing in such action or suit shall be entitled to recover its costs and disburse- ments and such sum as the court may adjudge reasonable as attorney's fees to be allowed in said action or suit or any appeal thereon. f i i 1 i i Page 2 Utility Easement The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements . WITN Sour hands and sea thi ;(2-L Da of %�� , 1gyl. SEAL) (SEAL) Thomas M. Taylor i ey R. aylor (SEAL) — (SEAL) (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this 10th day of February _ , 19 83 - U.S. N NAL BANNK� OREGON INCOME PROPERTY FINANCE DEPT. /Mortgagee By fG�G� �✓GC-Z� — i 11 T'p i er Asst. Vice President _ Title (INDIVIDUAL) STATE OF 72�L _ ) ss. County of BE IT REMEMBERED That on this _F day of _ 19Q before me, the undersigned, a Notary Public in and for said County and State, personall a pea red t—h{e- above named I flute-„ �- 4�1 ---;�,�G✓” who and are know tc me to be the identical individuals described in and who executed the above instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my-hand and seal the day and year last above written. Notary Pu i of Oregon s - My commission expires _ Page 3 Utility Easement CORPORATE) STATE OF OREGON ) ss. County of Multnomah — ) On this 10th day of February 19 83 before me appeared Phillip J. Miller = X))O X to me personally known, who being duly sworn, diossty that he, the said Phillip J. Miller _ is the Vice President, AX&M XMXYI _ XXXX)OXXXXXX'*UX'VXof U.S. National Bank of Oregon the within named Corporation, aXC�ECXt (k (KX�(XiCI(X�D4XXiXI�XxXIXXXXtX� X t14 (�biQi (IX? flChf(X> r? (t( (, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and _ Phillip J. Miller _ X%bOdX acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public for State of Oregon My Commission Expires: 12-10-85 Page 4 Utility Easement ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By: ayo r By= -- Ci ty Recorder t STATE OF OREGON ) ss. County of Washington) On this day of 19 _ before me appeared and both to me personally known who, being duly sworn, did say that he, the said _ is the Mayor, and he, the said _ is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said and acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public for State of Oregon fly Commission Expires: _ t t 1 r �'. Page 5 Utility Easement Utilities Easement Description Exhibit "A" Ident. No. 31 Page 1 of 2 A parcel of land in the N.E. 4 of Section 12 of T.2S, R. 1W. , W.M. , the City of Tigard, Washington County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Book 925, Page 673, (Deed) of the Washington County, Oregon, Records (T.L. 2101, Map 2S-1-12A) which falls between a line 25 feet westerly at right angles and parallel to a center line and a line 30 feet westerly at right angles and parallel to said center line, said center line being described as follows: Beginning at a point that is N 89040'44" E, 20.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner (the northwest corner of the East 2 of the southeast 4 of said Section 12) noted as Point "P" on County Survey No. 13,247; thence along a center line N 0016'56" W, 2627.25 feet to a point at the end of said center line that is N 89043'04" E, 20.00 feet from a stone at the recognized 1/16th corner (the northwest corner of the East '2 of the northeast 4 of said Section 12) noted as Point "B" on County Survey No. 13,247. 12/14/82 80.194.118 Page 2of2 Mone at Recognized 1/16th 2�1� N 89043'04" E 20.00 Corner (Point "B" on C.S. 13,247) 1 I � 1 c J 1 L � 1 I C 1 Q1 IU ` � I d Y CL Id U � IQ U Ir .y IN X IW � Scale: 1"=50' I Date: 12/14/82 N I o � I z Iv Utilities cc Easement Area y c I ' o U I Assessment Ident No. 31 `! I Tax Lot No. 2101 112 N I Tax Map No. 2S-1-12A N I Owner: Thomas M. Taylor and I Riley R. Taylor Deed Ref.: Book 925, Page 673 Utilities Easement Contains 635 Square Feet more or less N. � I o I i , W Z Brass Cap ih Iron Pipe at ; I N 89040'44" E 20.00 Recognized 1/16th Corner Z� (Pt. "P" on C.S. 13,247) -- ' DeHAAS &ASSOCIATES, INC. ! UTILITIES EASEMENT MAP CONSULTING ENGINEERS &SURVEYORS LID NO. 21 S�11...s-Aoc center (503)eaa-2.50 CITY OF T IGARD, OREGON 9450 S W.Cc--*Ica Orcle Res.VA",Q5 Wilsonrill.,o..pon 9T0T0 Project: S.W. 72nd Avenue Area - LID No. 21 Assessment Ident. No . : 31 Tax Lot No. : 2101 Tax Map No. : 2S-1-12A Deed Reference: Book 925 Page 673 CONSTRUCTION EASEMENT Thomas M. Taylor and Riley R. Taylor KNOW ALL MEN BY THESE PRESENTS That as tenants in common of the County of Washington—, State of _ Oregon in consideration of the sum of one Dollars ( $1.00 ) to them in hand paid, do hereby grant and convey unto the City of Tigard, a municipal corporation organized and existing under the laws of the State of Oregon, a Construction Easement, across and under the following described real property situated in the County of Washington, State of Oregon,. to-wit: SEE EXHIBIT "A" ATTACHED r This Construction Easement is granted solely for the purpose of constructing street improvements (L.I .D. 21 ) . Said Construction Easement'shall cease to exist Thirty (30) days from the date of Certification of Completion of L.I .D. 21 by the Engineer. Grantors covenant to and with Grantee that they will not in any manner interfere with or restrict, except as herein stated, Grantee's use of said easement. This Construction Easement is granted with the understanding that any work done by the City of Tigard pursuant hereto will be so done as to leave the premises herein described in a condition reasonably similar to the previous state thereof when any work is finished thereon. TO HAVE AND TO HOLD THE Herein described Construction Easement unto the City of Tigard, its successors and assigns, forever. Page 1 Construction Easement WITN S our hands and seal his Cn 4R* eyjR §Taylor of/ 19 O .� EALS) C-G _(SEALS) Thomas M. Taylor • (SEALS) (SEALS) (SEALS) (SEALS) (INDIVIDUAL) STATE OF , County of �.,.,��_ ss. BE IT REMEMBERED That on this —)J— day of 19t before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named Thomas M. Taylor and Riley R. Taylor , who are known to me to be the identical individuals described in and who executed the above instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Pub-lie fcrr State of Oregon Ply Col-mission Expires : Page 2 Construction Easement ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD i By: Mayor By City Recorder t STATE OF OREGON ) ss_ County of ) On this day of 19 , before me appeared and both to me personally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said and acknowledged the said instrument to be the free act and deed of said municpal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Pub is for State of Oregon My Commission Expires : Page 4 Construction Easement Construction Easement Description Exhibit "A" Ident. No. 31 Page 1 of 2 A parcel of land in the N.E. 1/4 of Section 12 of T.2S, R.N. , k.M. , the City of Tigard, Washington County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Book 925, Page 673, (Deed) of the Washington County, Oregon, Records (T.L. 2101, Map 2S-1-12A) which falls between a line 25 feet westerly at right angles and parallel to a center line and a line 40 feet westerly at right angles and parallel to said center line, said center line being described as follows: Beginning at a point that is N 89040'44" E, 20.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner (the northwest corner of the East 2 of the southeast 4 of said Section 12) noted as Point "P" on County Survey No. 13,247; thence along a center line N 0016'56" 4J, 2627.25 feet to a point at the end of said center line that is N 89043'04" E, 20.00 feet from a stone at the recognized 1/16th corner (the northwest corner of the East z of the northeast 4 of said Section 12) noted as Point "B" on County Survey No. 13,247. i 12/14/82 80.194.118 ' i f t{ f t C - -- Xk Pa ev2�of 2 Stone at Recognized 1/16th —Z.�p3�` N 89043'04" E 20.00 Corner (Point "B" on C.S. 1 13,247) 6i 1 II c_ J 1 L W !• C I W ! ii ! a u I ! rn I s� !N W ! i Scale: 1"=50' ! Date: 12/14/82 N ! Area of I ! Construction Easement 0 z Iv � I s c ! 0 Assessment Ident No. 31 20, E N I Tax Lot No. 2101 N Tax Map No. 2S-1-12A N ' Owner: Thomas M. Taylor and 25' ! Riley R. Taylor Deed Ref.: Book 925, Page 673 \ ' E 30' N I 3 ! lD ! 40' :D ! o !0 I `,.J z ' ••% •� L •� r c � t Brass Cap it* Iron Pipe at ; N 89040'44" E 20.00 Recognized 1/16th Corner , (Pt. "P" on C.S. 13,247) - -- ®eEtAAS&ASSOCIATES, INC. RIGHT OF WAY ACQUISITION MAP OONSULTING ENGINEERS 8 SURVEYORS LID NO. 21 Suite 446.AGC Confer 150 )662.2450 CITY OF TIGARD, OREGON 9450 S.W.ComenI Chale fi•�.076-4193 W/156Mdle.O'C20.97070 Project: S.W. 72nd Avenue Area - LID Mo. 21 Assessment Ident. No. : 44 Tax Lot No. : 500 f Tax Map No. : 2S-1-12DC Deed Reference: Book 919, Page 978 (Contract) EASEMENT FOR UTILITIES Arlene B. Stites (Vendor) and Lynn B and KNOW ALL MEN BY THESE PRESENTS That Monica McDonald (Vendee) of the County ofshirrA�C, , State of , in Consideration of the ti sum of One Dollar ($1.00) to them in hand paid, do hereby grant and convey unto the City of Tigard, a municipal corporation organized and existing under the laws of the State of Oregon, a right-of-way as d easement over, across and under the following described real property situated in the County of Washington, State of Oregon, to-wit: PERMANENT EASEMENT DESCRIPTION SEE ATTACHED EXHIBIT "A" This permanent easement is granted for the purpose of laying, constructing, replacing, and maintaining utility lines, and the easement herein granted shall include the right for the Grantee to go over, across and under said land for the purpose of installing said utility lines and maintaining and repairing them, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement. C Page 1 Utility Easement TEMPORARY EASEMENT DESCRIPTION NONE This temporary easement is granted solely for the purpose of constructing utilities within the above described permanent easement. Said temporary easement shall cease to exist Thirty (30) days from the date of certifi- cation of completion of the project by the Engineer. Grantors covenant to and with Grantee that they will not in any manner interefere with or restrict, except as herein stated, Grantee's use of said easement. This right-of-way and easement is granted with the understanding that any :fork done by the City of Tigard pursuant hereto will be so done as to leave the premises here described in condition reasonably similar to the previous state thereof when any work is finished thereon. TO HAVE AND TO HOLD THE Herein described right-of-way and easement unto the City of Tigard, its successors and assigns, forever. In the event that it becomes necessary for any person now or hereafter a party to the benefits and/or obligations of this easement to institute any action or suit to enforce any of their rights hereunder, the party prevailing in such action or suit shall be entitled to recover its costs and disburse- ments and such sum as the court may adjudge reasonable as attorney's fees to be allowed in said action or suit or any appeal thereon. r Page 2 Utility Easement The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. WITNESS our hands and seals thi l�} Day of Gt V 19 83. 4,— IS, AL (SEAL (SEAL) �J S AL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this day of _ _ ___ 19 -- Mortgagee By — Title (INDIVIDUAL) STATE OF 0 ) ss. County of BE IT REMEMBERED That on this _ day of IvtQ,rC.ln 19 83 before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named G�2t1Q_ and kob J'0_ k-CC�ma-�d l�r�egee who are known to me to be the identical individuals described in and who executed the above instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. C 1 YY DAt_ Notary Pub ac Trree��c:: ' .0ARY CHAPUu4.4 My commission x i ATP.nY6 U7A �ly�;ommiss I s Page 3 Utility Easement ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD ' By: ayo By: City Recorder STATE OF OREGON ) ss. County of Washington) On this day of 19 , before me appeared and _ - both to me personally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said _ is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said — and acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Pub is for State of Oregon fly Commission Expires: _ Page 5 7 utilities Easement Description Exhibit "A" Ident. No. 44 Page 1 of 2 A parcel of land in the S.E. 4 of Section 12 of T.2S. , R.1W. , W.M. Washington County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Book 919, Page 978 (contract) of the Washington County, Oregon Records (T.U. 500, Flap 2S-1-12DC) which falls l between a line 25 feet westerly at right angles and parallel to center line and a line 30 feet westerly at right angles and parallel to said center line, said center line being described as follows: Beginning at a point that is N 89038'24" E 20.00 feet from the recognized East 1/16 corner on the South line of said Section 12 also being the Point of Beginning of County Road No. 922 noted as Point No. 289 on County Survey No. 19,127; thence N 0021'36" W, 2646.33 feet to a point, that is N 89040'44" E, 20.00 feet from an iron pipe with a brass cap at the recognized 1/16 corner, said 1/16 corner shown as Point "P" on County Survey No. 13,247. 12/7/82 80.194.118 Lxnlbit "A" Page 2 of 2 ® N 89040'4411 E Brass Cap in Iron Pipe at 20.00 recognized 1/16th Corner r1 (Point 'IPI' on C.S. 13,247) N Assessment !dent. No. 44 ,i 20' c Tax Lot No. 500 ' Tax Map No. 2S-1-12DC Deed Ref.: Book 919, Page 978 25' ! .(Contract) E I Vendor: Arlene B. Stites I u Vendee: Lynn B. McDonald and ": Monica McDonald `D Utilities Easement Contains 30' U Scale: 111=50' 640 Square Feet more or less `i v, Date: 12/7/82 c N •X ' ' W I I I ca�a� 'Or{-4e I ` N O Z O 1 � 1 I Y 1 = 0 3 � U M sr N O O 1 I 1 wQ� ' Utilities Easement a C W i b W O / je l 1 / I 1 N Recognized East 1/16th Corner Pt. of Beginning of County Road ®- ` No. 922 (Point No. 289 on N 89®38'24" E C.S. 19,127 / / 20.00 DoHAAS&ASSOCIATES,INC. UTILITIES EASEMENT MAP CONSULTING ENGINEERS dE SURVEYORS LID NO. 21 Samir•443-AOC Cower (6W)0e2-2450 CITY OF TIGARD, OREGON O<50 S.W.Commerce Circle not.636-6103 WileonrrE•,Or•0on 97070 Project: S.W. 72nd Avenue - LID No. 21 Assessment Ident. No. : 59 Tax Lot No. : 1200 Tax Map No. : 2S-1-12D Deed Reference: Book 1137 Page 46 r EASEMENT FOR UTILITIES r KNOW ALL MEN BY THESE PRESENTS That William Nickoloff and Martha L. Nickoloff,_ as tenants by the entirety, as to an undivided z interest, and Mac Sharp, as to an undivided , interest(Vendors) & Sharp & Associates, Inc. , an Oregon Corporation(Vendee) , of the County of , State of in Consideration of the sum of One Dollar ($1.00) to them in hand paid, do hereby grant and convey unto the City of Tigard, a municipal corporation organized and existing under the laws of the State of Oregon, a right-of-way and easement over, across and under the following described real property situated in the County of Washington, State of Oregon, to-wit: PERMANENT EASEMENT DESCRIPTION See Exhibit "A" Attached This permanent easement is granted for the purpose of laying, constructing, replacing, and maintaining utility lines, and the easement herein granted shall include the right for the Grantee to go over, across and under said land for the purpose of in- stalling said utility lines and maintaining and repairing them, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement. Page 1 Utility Easement f TEMPORARY EASEMENT DESCRIPTION None This temporary easement is granted solely for the purpose of constructing utilities within the above described permanent easement. Said temporary easement shall cease to exist Thirty (30) days from the date of certifi- cation of completion of the project by the Engineer. Grantors covenant to and with Grantee that they will not in any manner interefere with or restrict, except as herein stated, Grantee's use of said easement. This right-of-way and easef..- :t is granted with the understanding that any :pork done by the City of Tigard pursuant hereto will be so done as to leave the premises here described in condition reasonably similar to the previous state thereof when any work is finished thereon. TO HAVE AND TO BOLD THE Herein described, right-of-way and easement unto the City of Tigard, its successors and assigns, forever. In the event that it becomes necessary for any person now or hereafter a party to the benefits and/or obligations of this easement to institute any action or suit to enforce any of their rights hereunder, the party prevailing in such action or suit shall be entitled to recover its costs and disburse- ments and such sum as the court may adjudge reasonable as attorney's fees to be allowed in said action or suit or any appeal thereon. t Page 2 Utility Easement The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. WITNESS our hands a d seals this 18th Day of February + 19BI (SEAL) SHARP & ASSOCIATES, INC. (SELL) Presidpn ( EAL) .�-�� (,SEAL) Secretazy For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this day of _ 14 — -- Mo rtgagee — By — Title -( INDIVIDUAL) STATE STATE OF OREGON' ) County of — — Washington____) BE IT REME14BERED That on this 18th day of February_ 19 83 _, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named Mac Sharma and Martha L. Nickoloff and William Nickoloff who are known to me to be the identical individuals described in and who executed the above instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set y hand and seal the day and year last above written. No y Public of Oregon My commission expires 8/28 a4____ I Page 3 Utility Easement L i I CORPORATE) STATE OF OREGON ) ss. County Of Washington On this 18th day of !_ Februa _ ry __, 19_83 before me appeared Orval D. Johnson and _ David L. Reichel both to rite personally known, who being duly sworn, did say that he, the said Orval D. Johnson — is the President, and he, the said __ David L. Reichel is the Secretary of SHARP & ASSOCIATES, INC. the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and Orval D. Johnson_ _ and David L. Reichel acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. E �Oa'ry Public or State of Oregon My Commission Expires: 8/28/84 Page 4 Uti 1 i ty Easement ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By: mayor By: _ City ecorder STATE OF OREGON ) ss. County of Washington) On this day of �, 19 , before me appeared _ and both to me personally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said _ and acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public for State of Oregon fly Commission Expires: Page 5 Ut i 1 i ty Ease.ment Utilities Acquisition Description Exhibit "A" Ident No. 59 Page 1 of 3 Two parcels of land in the S.E. 2 of Section 12 of T2S, R1W, W.M. , Washington County, Oregon, more particularly described as follows: Parcel 1 - being that portion of the tract described in Book 1137, Page 46 (contract) of the records of Washington County, Oregon (T.L. 1200, Map 2S-1-12D) which falls between a line 25 feet easterly at right angles and parallel to a center line and a line 30 feet easterly at right angles and parallel to said center line, said center line described as follows: Beginning at a point that is N 89038'24" E , 20.00 feet from the recognized East 1/16th corner on the South line of said Section 12 (the southwest corner of the East 2 of the south- east 4 of said Section 12) noted as Point No. 289 on County Survey No. 19,127; thence along said center line N 0021'36" W, 2646.33 feet to a point that is N 89040'44" E, 20.00 feet from an iron pipe with a brass cap inside at the recognized 1/16 corner (the northwest corner of the East 2 of the southeast of said Section 12) noted as Point "P" on County Survey No. 13,247; thence continuing along said center lire N 0016'56" W, 2627.25 feet to a point at the end of said center line, that is N 89043'04" E, 20.00 feet from a stone at the recognized 1/16th corner (the northwest corner of the East 2 of the northeast ; of said Section 12) noted as Point "B" on County Survey No. 13,247. Parcel 2 - being that portion of the tract described in Book 1137, Page 46 which falls within the following described parcel : Beginning at a point that is N 0021'36" W, 405.69 feet and N 89038'24" E, 45.00 feet from the recognized East 1/16 corner on the line between Sections 12 and 13 said 1/16 corner being shown as Point No. 289 on County Survey N0. 19,127; thence southeasterly along a 45-foot radius curve to the left I Utilities Acquisitidn 'Description Exhibit "A" Page 2 of 3 Ident. No. 59 through a central angle of 106024'50", 83.58 feet (long chord bears S 53034'01" E, 72.07 feet) to a point; thence N 16046'26" W, 5.00 feet to a point; thence northwesterly along a 40 foot radius curve to the right through a central angle of 106024'50" , 74.29 feet (long chord bears N 53034'01" W, 64.06 feet) to a point; thence S 8903824" W, 5.00 feet to F the Point of Beginning. ( 12/16/82 80.194.118 6 / \ N 89040144" E Exhibit "A" rass Cao in Iron 20.00' Page 3 of 3 Pipe at Recognized o 1/16th Corner (Point "P" on y C.S. 13,247) cli y 2 c {J -O O Z L rp C �l Y 01 l U U O a i Nor h 1 Scale: 1" = 100' c Date: 12/15/82 " UjCurve Data W ,,, 1 1Qn, = 106024-50" Rad. = 45.00 c Arc = 83.58 z chord = 72.07 chord br. = S 53034101"E 3 i 2U o = 106024'50" Rad. = 40.00 Arc = 74.29 Assessment I nchord = 64.06 t. N 59 1 Tax Lot No. 1 OU hord br. = S 53034101"E ITax Map No. 2S 1-12D Deed Ref.: Bo 1137 Page 6 i Boo 992, ages 6-421 Cn Owner: ,.C; 0 William Nickolo f (Se er) Mac & Martha L. harp eller Sharp Associates, Inc. urcha er) 0 F- = 28032'11" I Ra . = 318.31 5 De, = 18000' 0" 1 Parcel 1 t 1 �S �� O I S89038'24" ;4 I 5.00 N 89038-24" E 45.00 Parcel 2 rn 1 ati 3 I' ecognized 1/16th ( CD N 89038'24"E orner on South %0 4.64 ine of Sec. 12 ; N N 89038'24" E t. of Beginning of 1 0 20.00 Utilities Easement Area M .R. No. 922 �•' (Pt. No. 289 on C.S. 19,127) ' DeHAAS&ASSOCIATES, INC. UTILITIES EASEMENT MAP CONSULTING ENGINEERS &SURVEYORS LID NO. 21 Suite 445-AGC Conten OW)6a2.2450 CITY OF TIGARD, OREGON 9450 S.W Commerce Cvcle Res.636-6193 W.190—iue.Otego 97070 File No. 80.194.118 Project: 72nd Avenue LID No. 21 Assessment Ident. No. : 17 Tax Lot No. : 1000 Tax Map No. : 2S-1-IDD Deed Reference: (Contract) Book 991, Page 481 EASEMENT FOR UTILITIES Richard L. Gronholm and Norma L. Gronholm KNOW ALL MEN BY THESE PRESENTS That as tenants by the entirety, (Vendor) , and 061 and Beverly Ann Hurt- himhand and of the County of Multnomati , StatewOfff e' (Oregon in Consideration of the sum of One Dollar ($1.00) to them in hand paid, do hereby grant and convey unto the City of Tigard, a municipal corporation organized and existing under the laws of the State of Oregon, a right-of-way and easement over, across and under the following described real property situated in the County of Washington, State of Oregon, to-wit: PERMANENT EASEMENT DESCRIPTION i SEE EXHIBIT "A" ATTACHED This permanent easement is granted for the purpose of laying, constructing, replacing, and maintaining utility lines, and the easement herein granted shall include the right for the Grantee to go over, across and under said land for the purpose of installing said utility lines and maintaining and repairing them, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement. Page 1 Utility Easement mom TEMPORARY EASEMENT DESCRIPTION NONE F This temporary easement is granted solely for the purpose of constructing utilities within the above described permanent easement. Said temporary easement shall cease to exist Thirty (30) days from the date of certifi- cation of completion of the project by the Engineer. Grantors covenant to and with Grantee that they will not in any manner interefere with or restrict, except as herein stated, Grantee's use of said easement. This right-of-way and easement is granted with the understanding that any ;cork done by the City of Tigard pursuant hereto will be so done as to leave the premises here described in condition reasonably similar to the previous state thereof when any work is finished thereon. TO HAVE AND TO HOLD THE Herein described right-of-way and easement unto the City of Tigard, its successors and assigns, forever. In the event that it becomes necessary for any person now or hereafter a party to the benefits and/or obligations of this easement to institute any action or suit to enforce any of their rights hereunder, the party prevailing in such action or suit shall be entitled to recover its costs and disburse- ments and such sum as the court may adjudge reasonable as attorney's fees to be allowed in said action or suit or any appeal thereon. I Page 2 utility Easement The grantors do hereby warrant that tKey a rt:i and have the right to grant the above described easements. WITNESS our hands an seals this 24th Day of Janua �. 19 83 - / - (SEAL) .;; (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this --�- day of 19. ' - i -- htortgegee By - Title STATE OF OREGON ) ss . County of ) BE IT REMEMBERED that on this \ '�day of `�-gEiAi, 1983, before me the undersigned Notary Public in and for the State of Oregon personally appeared the within-named Richard L. Gronholm and :Jorma i.ee Gronholm who are known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this \ ,+V- ay of ����� r t-u 1983. Notar Publi for Or My commi -ion expires : -- 'zx ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGAARD B y: Mayor By: _ City Recorder STATE OF OREGON ) ss. County of JJashington) On this day of 19 , before me appeared and _ both to me personally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said is the Recorder of the CITY OF TIGARD, a municipal � — corporation, and the said and acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Pub is for State of Oregon fly Commission Expires : 1 Page 5 Utility Easement , Exhibit "A" utilities Easement Description Page 1 of 2 !dent No. 17 A parcel of land in the S.W. 1/4 of the S.E. 1/4 of Sects n 19 T particularly R1W. W,M. , the City of Tigard, Washington County, described as follows: Page 481. Being that portion of the tract of land describe Being 10009Book 9 Map 2S-1-IDD) { (Deed) of the Washington County, Oregon records which falls between a line 25 feet southwesterly at right angles and d a line 30 feet southwesterly at right parallel to a center line an angles and parallel to said center line, said center line being described as follows: 20.00 feet from an t th Beginning at a point that is N 890 aE, iron pipe with a brass cap inside at the recognized 1/16th corner Survey No. 13 247; thence N 0016'56" W, noted as Point "P" on County ' 2401.64 feet to the beginning of a 400 foot radius curve to the left, (a stone at the recognized N.W. corner of the East 1/2 of R1W, W.M. , noted as Point "B" on the N.E. 1/4 of Section 12, T2S' 225.612 feet and County Survey No. 13,247, is N 0016'56" W, N 59007'51" W, 23.370 feet) ; thence northwesterly along said 400-foot radius curve to the left through a central angle f 5£3050'55" , 410.841 feet to the end of said curve (longchord bears N 29042'24" W, 393.019 feet) said end of curve point is N 59007151" W, 202.242 feet from said 590�7'S1noted W'a356Point 802 'feet on County Survey No. 13,247; thence N to the beginning of a 350-foot radius curve to the right (a stone in a monument box at the easterly S.E. corner of the W.W. Graham D.L.C. is N 59007'51" W, 202.156 feet); thence northwesterly along said 350-foot radius curve to the right d hrougcurve (lo 9 chard angle of 60001' 14" , 366.645 feet to the end of say bears N 29007' 14" W, 350.109 feet) , said end of curve point is N 0053'23" E, 202.156 feet from said stone in monument box at the easterly S.E. corner of the W.W. Graham D.L.C.; thence N 0053'23" E, 3648.45 feet to a 2-inch iron pipe at the N.E. corner of the W.W. Graham D.L.C. also being the Initialnter Point of the plat of "Hermosa Park`1at the end of 12/3/82 80.194.118 G O_ \ !! y v O O C • i tl a �-, L' O N O C 6 ID F- LLI cc o u c c / d a \L V vC 'M •� q G m O i \ Q V p y 0, U96 Qr �y /, VLOC VW Z VY6dj Ol /• C Z Z O q `• A „O l yp d L q J K^N S R 1gO, ,S7' 1 � XXW u > d�UaT'f 3iI� H� 1 Oti O g O '7yg 0 m C£ 6 El _J d � _ Y - =� - f \ Q Project: �,�d 72nd AvenueArea - LID No. 21 Assessment Ident. No. : 44 I Tax Lot No. : 500 Tar. Map No. : _ 2S-1-12DC Deed Reference: Book 919, Page 978 (Contract) CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS That Lynn B. McDonald and Monica McDonald of the County ofj4y- hen n, State ofin consideration of the sum of One Dollars { $1.00 J ) to them in hand paid, do hereby grant and convey to the City of Tigard, a municipal corporation organized and existing under the laws of the State of Oregon, a Construction Easement, across and under the following described real property situated in the County of Washington, State of Oregon, to-wit: SEE EXHIBIT "A" ATTACHED This Construction Easement is granted solely for the purpose of constructing street improvements (L.I .D. 21 ) . Said Construction Easement shall cease to exist Thirty (30) days from the date of Certification of Completion of L.I .D. 21 by the Engineer. Grantors covenant to and with Grantee that they will not in any manner interfere with or restrict, except as herein stated, Grantee's use of said easement. This Construction Easement is granted with the understanding that any work done by the City of Tigard pursuant hereto will be so done as to leave the premises herein described in a condition reasonably similar to the previous state thereof when any work is finished thereon. TO HAVE AND TO HOLD THE Herein described Construction Easement unto the City of Tigard. its successors and assigns, forever. Pace 1 Construction Easement WITNS our hands and seals this �VG day of �Q (ti 19,83 EALS) -(SEALS) SEALS) (SEALS) (SEALS) _(SEALS) (INDIVIDUAL) STATE OF C,f 1�C�C it County of ( `y� G ss. BE IT REMEMBERED That on this �s� day of _ �� ��C� 19S3. before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named L.t,OV) T�. and �AnY���GO- NlC �YIC� �ri who are known to me to be the identical individuals described in and who executed the above instrument and acknowledged ( to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Pu 1 i c fry , :;',[Mn My Commission Expires My Corimission Expires : Page 2 Construction Easement F I i ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By: Mayor By: City Recorder STATE OF OREGON ) County of ss. On this day of 19 before me appeared _ and both to me personally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said and acknowledged the said instrument to be the free act and deed of said municpal �. corporation. l IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public for State of Oregon My Commission Expires: Page 4 Construction Easement Construction Easement Description Exhibit "R" Ident. No. 44 Page 1 of 2 A parcel of land in the S.E. ; of Section 12 of T.2S. , R. 1W. , W.M. , Washington County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Book 919, Page 978 (contract) of the Washington County, Oregon Records (T.1_. 500, Map 2S-1-12DC) which falls between a line 25 feet westerly at right angles and parallel to center line and a line 35 feet westerly at right angles and parallel to said center line, said center line being described as follows: Beginning at a point that is N 89038'24" E 20.00 feet from the recognized East 1/16 corner on the South line of said Section 12 also being the Point of Beginning of County Road No. 922 noted as Point No. 289 on County Survey No. 19,127; thence N 0021'36" W, 2646.33 feet to a point, that is N 89040'44" E, 20.00 feet from an iron pipe with a brass cap at the recognized 1/16 corner, said 1/16 corner shown as Point "P" on County Survey No. 13,247. t 12/7/82 80. 194.118 t Exhibit "A" Page 2 of 2 �►�- -� 1 N 89040'44" E Brass Cap in Iron Pipe at 20.00 recognized 1/16th Corner M (Point "P" on C.S. 13,247) yr uJ N AssessmentIdent. No. 44 20` Tax Lot No. 500 Tax Map No. 2S-1-12DC L Deed Ref.: Book 919, Page 978 25' y; ,(Contract) E,' v Vendor: Arlene B. Stites i Vendee: Lynn B. McDonald and N Monica McDonaldN 30' a Additional Right-of-Way Contains 631 Square Feet more or less ¢ Scale: 1"=50' Date: 12/7/82 35' N N •X I I I W I I II � Ca�aa 1 I o z I i I ti y 1 0 0 3I U M N O O Z i � I FAdditional Right-of-Way v w ® Area of =3 Construction Easement L0 � y ¢ L 1 C / y I N t` 1 N i Recognized East 1/16th Corner, t Pt. of Beginning of County Roa oQ— No. 922 (Pnint No. 289 on N 89038'24" E C.S. 19,127 / / 20.00 DeHAAS& ASSOCIATES, INC. Right-of-Way Acquisition Map CONSULTING ENGINEERS &SURVEYORS LID No. 21 • Suite 445-AGC COn101 (507)6E2.7450 City of Tigard, Oregon "50 3 W.Commerce Circle Rea."G-6195 Wbonvil4.Oregon 97070 File No. 80.194.118 DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS, that Washington County, a political subdivision of the State of Oregon, hereinafter called the grantor, being lawfully seized in fee simple of the following described premises, does hereby dedicate to the use of the public as a public way forever, that certain real property situated in the County of Washington. and State of Oregon, shown on the attached Exhibit "A" and Exhibit "B" and being more particularly described as follows, to-wit: PARCEL 1 - (Exhibit "A") A portion of that tract of land situated in the Northeast quarter of Section 13, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, described in an agreement between Washington County, a political subdivision of the State of Oregon and Pacific Realty Trust, an Oregon business trust, recorded at Document No. 80-40979, Washington County Book of Records, said portion being more particularly described as follows, to-wit: Beginning at a point that is S 0005105" E. 151.18 feet from a 1-inch iron pipe with a Washington County cap shown as being set at the northwesterly corner of that tract (15.85 acres) shown on County Survey no. 19,127; said pipe also lies S 89005104" E. 26.91 feet and S 48041'42" W. 716.23 feet and S 49019'55" W. 386.89 feet and S 40040105" E. 30.00 feet from the recognized East 1/16 corner on the Zine between Sections 12 and 13, said East I116 corner being shown as Point No. 289 on County Survey No. 19,127; thence N 89054155" E. 5.00 feet to a point; thence N o005'05" W 13.152 feet to a point; thence northerly along a 150.00 foot radius curve to the left through a central angle of 14050'06", 38.838 feet (long chord bears N 7030'08" W. 38.730 feet); thence S 0005'05" E 51.56 feet to the point of beginning. PARCEL 2 - (Exhibit "B") A portion of that tract of land situated in the Northeast quarter of Section 13, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon described in an agreement between Washington County, a political subdivision of the State of Oregon and Pacific Realty Trust, an Oregon business trust recorded at Document No. 80-40979, Washington County Book of Records, said portion being more particularly described as follows, to-wit: Beginning at a point on the West right-of-way as it now exists that is S 0000'09" W 468.24 feet and N 89059151" w 40.00 feet from the point of beginning of County Road No. 922 (as shown on County Survey no. 19,127); thence northwesterly along a 420 foot radius curve to the left, through a central angle of 35025'55" 258.51 feet (long chord bears N 17037148" W 254.45 feet) to a point of compound curve; thence northwesterly along a 40 foot radius curve to the left, -through a central angle of 96002'32" 67.05 • feet (long chord bears N 83017'01" w 59.47 feet) to a point on the southerly right-of-way of County Road A-138 (as shown on County Survey No. 19,127); thence N 48041'42" E along the southerly right- of-way of County Road No. A-138 (as shown on County Survey No. 19,127) 82.188 feet to a point; thence northeasterly along a 480 foot radius curve to the left, through a central angle of 6028125" 54.23 feet (long chord bears N 45027129" E 51.20 feet) to a point; thence southwesterly along a 40 foot radius curve to the left, through a central angle of 79028152" 55.49 feet (long chord bears S 2028'51" W 51.15 feet to a point of reverse curve); thence southeasterly along a 480 foot radius curve to the right, through a central angle of 8018'26" 69.59 feet(long chord bears S 33006'22" E 69.53 feet) to a point on the westerly widened right-of-way (40 feet from the centerline) of County Road No. 922 as shown on County Survey No. 19,127; thence S 0000'09" W 232.38 feet to the point of beginning) Excepting therefrom that portion thereof lying within the right-of-way as dedicated to the public by Dedication Deed recorded at Document No. 81-2979, Washington County Book of Records. The intent of this Dedication Deed is to join in the execution of that Street Dedication executed by Pacific Realty Trust, an Oregon business trust on October 25, 1982 and recorded at Document No. 82-30555, in the Washington County Book of Records. The consideration of this grant is none. To Have and to Hold, the above described and granted premises for the purposes hereinabove set unto the public forever. IN WITNESS WHEREOF, Washington County, by and thr ugh its Boa d of County 19 Commissioners executes this dedication deed this day of c - ;fid 0 Y 1/4 BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON 0TA /rr:� c n pU 3 ti ► _'� Chairman. Re ordin ecre Subscribed and sworn to before me this �_ day of 19" DATE -� i o a bl is for Oregon _ M_ C ssion expires: is ACCEPTANCE Approved as to form this p�--7--day of1983• B : City Attorne - City of Tigard Approved as to legal description this CX 0 day of 1983• Frank K. Currie - Director of Public Works Accepted by the City Council this day of 1983. By: City Recorder - City of Tigard After Recording, Return to the City of Tigard i - I" Iron Pipe with EXHIBIT "A" \Washington Co. ca EAAdditional Right of Way 3a1 h Scale: 1"= 50' �o Date- 12/7/81 oab yc; S 04,/2 ty R d No M Req IP-00 1" Iron Pipe with Washington County survey cap. c\ S SHO WA) OA) 7-H& o00 (713 `D QSSESSo2's *74? rn As A or JQ W .25 / 13,4 T,Ga` //o/ �n - ' oL to .n P.O.B. 5.00 (3 4" Iron Pipe N 89° 54' 55" E Assessment Ident. No. 52a CURVE DATA Tax Lot No. 1101 0 = 14°50'06" Tax Map No. 2S-1-13A 150.000 Deed Ref. : Fee No. 80-040979 Rad.= Arc = 150.00 Owner:- Pacific Realty Trust Chord= 38.730 Additional Right of Way Chord 50' Contains 194 Square Feet Bearing= N 7°30'08"W more or less. f DeHAAS&ASSOCIATES, INC. RIGHT OF WAY ACQUISITION MAP CONSULTING ENGINEERS A SURVEYORS LID No. 21 Sod!445-AGC Cense, (5A7)6a2-2450 vaso S W Coinme.Ce C+.ole Ree.0.76-6795 CITY OF T I GARD, OREGON Wison.Jle.C•egon 97o7o File No. 80.191.118 fel Curve Data n Point of Beginning N 0 Q = 35015'55" C.R.#922 Rad. = 428.00 Q 1No. 2 = 96 02'32" Pt. No. 289) o z Rad. = 40.00 30 Q = 6028'25" 1' I.P. Rad. = 480.00 1 Washington County = 79028'52" Monument with cap. t 4 Road. = 40.00 Q = 8018'26" r Rad. = 480.00 hQ ' © Q = 41018'27" Rad. = 450.00 Lti St Q = 49003-18" o� Rad. = 450.00 6 x Center of Intersection �? 0 �6 35 + 22.24 72nd Ave., 3��� \ 25 + 63.08 Boones Ferl d. ` `�o "v No .h x a "a .'� N Scale = 1"= 50' it�g �L' , �' Date = 9/17/81 ice 5 o 00O �I b 2 'SIR) a ° ` :}'•• S.�ow AJ ON 77/7�6 ASS ES SO .4S "I R0,1Z770 11 p F Ii o?S / /3A =+!/02. I co i co Q Assessment Ident. No.: 52c Tax Lot No.: 1102 Tax Map No.: 2S•1-13A �, �- Deed Reference: Fee No. 80-040979 N Owner: Pacific Realty Trust v contains o Additional Right of Way o 10.690 square feet narc Or less 6 O L t 0- Additional Additional Right of Way 1 1 57.81 PG _ 2 40°—� I DE HAS g ASSOCIATES, INC, RIGHT OF-WAY ACQUISITION HAP SUITE 4145-AGC CEwcp LID No. 21' 9450 S.14. iAM£RCE CIRCLE WILSONVILLE, OREGON 97070 CITY OF Ti CARD (503) W-2450 File: 80. 194.118 MEMORANDUM TO: Members of the City Council FROM: William A. Monahan, Director of Planning & Development U � DATE: April 27, 1983 SUBJECT: Tigard School District - Tigard High School Auditorium In 1981 the Planning Commission approved the Tigard School District's Site Design Review - SDR 27-81, for the Tigard High School Auditorium. The approval was conditioned upon the district constructing half street improvements along Durham Road. The District has requested a temporary occupancy permit for the purpose of dedicating and opening the auditorium prior to actually putting in the improvements. The District, through its Business Manager, Janice B. Hiserote, has assured me that the District has funds available to finance the improvements; the District has earmarked the funds for that purpose, and construction will take place as soon as the regular school year is completed. I have attached a copy of the recent correspondence from the District, as well as a letter from Margaret A. Post, Director of the Department of Finance and Administrator for the County which indicates that the project is funded. Attachments a` s 0 IV c = WASHINGTON COUNTY ADMINISTRATION BUILDING— 150 N. FIRST AVENUE HILLSBORO, OREGON 97123 �E � April 22, 1983 BOARD OF COMMISSIONERS DEPT.OF FINANCE AND ADM- ROOM 101 WES MYLLENBECK, Chairman (5031 548-8811 BONNIE L. HAYS, Vice Chairman EVA M- KILLPACK JOHN E. MEEK LUCILLE WARREN � A,/9R rxh o n. p•n 1 4 C ,^ ! '< 1�L) t;l i y OF •._ --- Bob Jean, City Manager PLANNING L)E p-r City of Tigard Tigard, Oregon Dear Mr. Jean: This letter is to advise the City of Tigard that as of April 21, 1983, Tigard School District #23J had in it's Construction Fluid $1,249,226.65. These funds are invested in Time Certificates of Deposit, repurchase agreements and in the Local Government Investment Pool and can be immediately available for payment of Warrants. Warrants are instruments used by the School District, approved by their Board of Directors, to process payments to contractors and for other construction expenditures. Very t y yours, 2 Ma gareA ost, Director Department of Finance and Administration ve cc: .Tan Hiserote an, equal opporruuler employer ary Tigard Public Schools, District 23i Administration Office 13137 S.W. Pacific Hwy. Tigard, Oregon 97223 Area code (503)620-1620 April 13 , 1983 Mr. Frank A. Currie, P.E. Director of Public Works City of Tigard P. O. Box .2.2297 Tigard , Oregcn. 97223 Dear Mr. Currie : Thank you for assisting us in the process of obtaining an Occupancy Permit for the Auditorium so that we may make it available for use in the community as soon as possible. I understand from John Henslee that a Temporary Occupancy Permit will be issued for sixty days , upon our submitting a completion bond for the Durham Road project. Marlin DeHaas appears to be doing an outstanding job in coordinating the requirements of the City and County and the School District for this project and I have a copy of his letter dated April 8th w4_t'-i an estimate of construction cost of $130, 317. I contact,--d our Agent of Record to secure quotes on a bond for this project and was quoted $22 . 50 per $1 , 000, or $2 , 932, if the City agrees that the construction cost estimated by Mr. De Haas is accurate. We are requesting the City accept the signed, approved Board meeting minutes of February 10 , 1983 , which show a record of the motion• made by the Board directing staff to proceed with the Durham Road project. All projects involving the Auditorium are funded through the Bond Issue. Bond funds are available for this project and are secured at Washington County. All work has been done to secure the Bond by our Agent of Record; however, we would like to keep those funds available within the community instead of providing additional funds for the insurance company. I would be glad to corse and talk to you about this or any other alternatives you might offer as r suggestions to us. Thank you for your consideration.. < Sincerely, i— ;Janice B. Hiserote Business Manager cc: Bob Jean and Deb Fennell a t 10TROWED HCi,RO MEEIING REGULAR MEETING/BOARD OF DIRECTORS L -_7 /lA Tigard. School District 23J WWI-�-�--�-'c., - Phil Lewis Elementary School Chaff:i:i _ - - February 10 , 1983 - 7 : 30 p.m. MINUTES CALL TO ORDER Chairman Hansen called the 10meet98ng to order at 7 : 30 P.M. on February 3 . ATTENDING Directors.: Harris Hansen, Bob Gray, Ernie Bastin, Dan Larsen, -Pat Biggs Administrators: Deb Fennell , Bob Post, Pete Har andTaylor, , Jan Hiserote, Larry Hibbard, J. McElroy, B.A. Biederman, G. Robb, B. Dendurent, P. Lorain, F. Puhl Staff and Others: Susan Stark, Don and Mary Jane Tunnell , Danny Liebertz , Chris Boberg, Sharon Takat^,ashe, Jan Morrow, Rod Pelson, Robert Maracle, Rick Grimshaw, Sandy Lehmann, .Al Hassman, rth, Tom Newton, George Pulicella, Gary Kristina Johnson Press: Linda Harding Recording Clerk.: Rae Bowen WELCOME Principal Fred Puhl introduced teachers Mike Furrer : . . and Mike Duncan and students Kevin Bauer and Chad Morrow, who gave -an explanation of f week in Review sheets being used in the school by 'children, teachers, and parents to create better "commufi- rom cation. Mrs. Morrow, mother of Chad, spoke the parents' standpoint. An APPLE (Appreciation of Person at Phil Lewis Elementary) award was given to Principal' Fred Puhl by Pete Taylor; Asst. Superintendent for Curriculum. RECOMMENDED Items included in the consent agenda portion of the nutes of the meeting of January 13 ACTIONS meeting were mi Consent Agenda and 2.6, 1983, a personnel report dated February 10,financial report, accounts pyable in the amount g $846,909, and a resolution for early release- of accounts payable for February. Director ( Gray made the motion to approve the consent ` agenda portion of the agenda and Director Bastin seconded the motion. The motion carried. UNFINISHED BUSINESS preliminary plans for Durham Road half-street "- e completed in June of 1952. Durham Road improvement wer Following .this approval , the plans were reviewed Washington Co.unty, Tri-Met by the City of Tigard, Division. The firm of and the Oregon State Highwa Y ed the plans DeHaas and Associates , Inc-edv ct Wasp presented to and a timeline for the prof the Board for approval at the February 10 meeting. Director Gray made the motion a estimated timeline as presentedd approve the and to direct the tor Gray seconded the motion staff to proceed. Direc and the motion carried. An evalution of Superintendent Fennell . was . done on 24, 1983. Chairman Hansen .reported that the Superinten- January. ain dent's Eval. Board of Director in hisnpositionnandltoostate that his leve 1• of3 performance has not changed since' last year and he continues to be a credit to the District. Mr. Fennell reminded all of the .special election elof March 29 being held on March 20 , 1983 , for the purpor Election electing a Board of Directors member for Position #4 , and 16 local school committee members. has been negotiating NEW BUSINESS The Unified Sewerage Agency with the District for some time for per _ USA Ease- p manent ease- ment construction easement and a 30-£cot er meat in the staffhas enity of Madehthe rrecommendationeek on the lto site. Th approve the easement and consinionionDirectoreBastin following review and legal op made the motion to approve this easement contract and Director Biggs seconded the motion. The motion carried. A list of 14 nominees for the Student Rights -and ibilities Handbook was presented for. con- Respons Student the Board-. Director rsen made the Rights sidezation by tion to aPProve the Committee for the review motion 4 school year and . sibility and updating for the 1983-8 Handbook Director Gray seconded the motion. The motion carried. Resolutions for services provided by the Washington E.S.D. County ineration for app ralhat bythe county were E.S.D. for the Districts . tdoor Resolutions presented for consid Board. These 7 resolutions deal with Ou Education Services, studentAAAssess epairnServicesg Data Pr o sing S Special Education Services, Data Processing Services. SP and Special required All ion ontricts in the these resolution county are requts over and it takes 2/3 of the asst these resolution. 1/2 of the students to pass ho serves on the E.S.D. � . Dave Kolb, from Tigard, Board, made some comments on these resolutions as MEORANDUM May 2, 1983 TO: City Council FROM: Planning Staff SUBJECT: Waiver of fee for Deemie Subdivision Variance Attached is a narrative outlining the circumstances which lead to the request for a variance on the Deemie subdivision. The dedication of land referred to in the narrative was processed prior to the subdivision application submission and approval. The preliminary plat indicated that three of the lots are larger than the required 7,500 square feet. Had the survey been done prior to the drawing of the preliminary plan, lot lines could have been adjusted to accomodate the street dedication. STAFF RECOMMENDATION: e i. Staff recommends the Council deny the request for a waiver of the variance fee. 3 Y` p}� C T G 4f 4 Item 1 of Written Narrative On April 5, 1983 the Planning Commission approved the preliminary plat of Omega which is comprised of four lots and situated on Tax Lots 300 and 302, 2S-1-11BA. Subsequent to the approval a boundary survey of the property was performed which disclosed that the site is some 120 sq. ft. short of meeting the 30,000 sq. ft. required for four 7,500 sq. ft. lots. This shortage resulted because of the additional street right-of-way the owners, Mr. and Mrs. Deemie dedicated for the Tigardville Heights L.I.D.. The L.I.D. required an additional ter. (10.00) feet along the South side of S. W. McDonald Street which increased the right-of-way from twenty (20.00) feet to thirty (30.00) feet from centerline. Based on the assessor's map and the legal description for the property, from which the preliminary plat was prepared, the dedication would not have lowered the total area below 30,000 sq. ft. . However=, as the survey revealed the legal descriptions treated the West right- of-way line of S. W. 97th Avenue as being twenty (20.00) feet from centerline, which it may have been at the time, but the right-of-way now is twenty-five (25.00) feet from centerline. At the time the right-of-way was increased to twenty-five (25.00) feet the dimensions of the property shown on the assessor's map was not changed. This resulted in the property appearing to have an extra five (5.00) feet along S. W. 97th Avenue. Had this problem been known at the time of the dedication along S. W. McDonald Street five (5.00) feet of the ten (10.00) feet could have been granted as roadway easement and there would have been no problem with the area. Because of the problem created by the street dedication required by the City this variance request is to allow the proposed lot 1 of Omega to be created s with an area of 7,367 sq. ft. . f We also request the variance fee be waived. IN F z i n ' r � CITY OF TIGARD—12420 S.W.MAIN—TIGARD,OREGON 47223 RECEIPT DATE: 7 ��— ' AMOUNT: DOLLARS NAME: �• CASH: ADDRESS: (! M.O.: • OF FOR: ACCT. a PERMITS SURCHARGE AMOUNT SEWER BILLINGS 40-364 $ BUSINESS LICENSE 05-331 PLUMBING PERMIT 05-332 $ MECHANICAL PERMIT 05-332 BUILDING PERMIT 05-333 SEWER CONNECTION 40-363 SEWER INSPECTION 40-365 SYSTEM DEV.CHARGE 25-366 PARK DEV.CHARGE*1 30-367 i PARK DEV. CHARGE *2 30-368 (, _ ZONING ADJUSTMENTS 05-362 ` TOTALS S $ RECEIVED BY: PERMIT NUMBERS A ED: Number A nt Number Amount Number Amount_ s S S $ $ S $ $ S $ $ RECEIPT 0 13363 � c l- :fay 12, 1953 The Tigard City Council at their regular meetine 'lay 9, 1953 would like to present to your family a key to the City in recognition of your community effort in maintaining, parts of Englewood far!-- Adverse weather conditions delayed the mowing of the grass in that area and the City wishes to express their appreciation for your community spirit in helping to improve your neighborhood. Enclosed is your key to the City and again on behalf of the City - thank you for your efforts. Sincerely, Doris Hartig City F?corder DH:pjr Enclosure U April 28, 1983 TO: Bob Jean, City Administrator i FROM: Frank Currie, Director of Public Works SUBJECT: Park Maintenance Volunteers I would like to recommend, at the direction of the Park Board, the following families for a Key to the City -or their efforts maintaining parts of the Englewood Parks adjacent to their homes. This is work in the park that, because of time and the necessity of the City need for usina heavy equipment, would not have otherwise been done in a timely manner and perhaps not at all. The John Irish family - 11362 S.W.Ironwood Loop The William Taylor family - 11364 S.W. Ironwood Loop/ The Richard Long family - 11342 S.W. Ironwood Loop The Bill Bennett family - 11340 S.W. Ironwood Loop The Curtis Stephen family - 11338 S.W. Ironwood Loop The Eric Weisenborn family - 11336 S.W. Ironwood Loop The Frank Lamothe family - 11356 S.W. Ironwood Loop ff MEMO Architects Van Lom A.I.A CHY OF TIGAND PLANNING DEPT. May 4, 1983 Dir. Bill Monahan Director of Planning and Development City of Tigard 12755 S. W. Ash Tigard, Oregon 97223 Dear Mr. Monahan: On Monday, May 9th the City Council will hear final arguments prior to ratifying the new comprehensive.plan and zoning map for the City. Since the City has been trying to create a balance of housing densities within the City boundaries, I would like to bring to the attention of the City Council a site which is being redesignated Medium-Density Housing (A-12) , which I feel you will agree would be better designated as Medium- High Density (A-20) . This site, a 6.38 acre parcel north of S. 1.1. Dakota Street, known as Tax Lot 100, 1S1-34DA, located at 10485 S. W. North Dakota Street, has 4.03 of its average below the flood plain along Fanno Creek. Policy 6.4.1 states that "twenty-five percent of the number of units which could be accommodated on the undeveopable land may be transferred and placed on the developable land". The allowable density, using the A-12 density designation, would be 40± units (2.35 acres (above flood plain) x 1.2 + 4.03 acres (below) x 12 x 25% = 40) or a net density of 6.27 units per acre for the total 6.38 acre site. If a A-20 designation were applied to this parcel, however, it would allow for 67 units (2.35 acres x 20 + 4.03 acres x 20 x 25% - 67) or 10.5 units per acre for the entire parcel. Because of the location of the site and the adjacency of the greenway, it provides a very suitable site for higher densities. I am enclosing a proposal for 64 units which shows how this parcel may be developed with only 8.34% of the site being utilized for housing, 13% being devoted to parking and driveways and the remaining 78.66% allotted to open space, landscaping, walkways and recreational space. These densities will be the net result of an A-20 Medium-High Designation for the entire site using the requirements of City Policy 6.4.1. With the City of Tigard looking for "opportunities" to locate higher densities which are appropriate, accessible and provide amenities, I recom- mend that the City look at this parcel for its potential as an A-20 zoned t parcel. Mr. Bill Monahan Director of Planning and Development City of Tigard May 4, 1983 - page 2 This area seems well suited for higher density because it, a.) is near an "open" greenway area; b.) can be used as a buffer between_ the adjacent M-4 designated zoning and the existing residential area; c.) is the highest and best use of the area above the flood plain and greenway; d.) will provide a higher density housing nearer shopping and mass transit; and e.) will provide additional needed multi-family housing within the Tigard City boundaries. Nearly 93% of the Tri-County vacant residential land is zoned for single- family housing with lots greater than 1200 sq. ft. The Tri-County area has only 7.2% of vacant land zoned for multi-family. If all of the multi-family zone land is built to the maximum capacity of its designation (including additional density given as credit for flood plains, greenways, street dedications, etc.) this will accommodate only 47% of the projected multi- family needs to the year 2000 according to VACANT LAND STUDY, 1978 by 1000 Friends of Oregon. Yours very truly, ARCHITECTS VAN LOM A.I.A / L/ J : Joseph M. Van Lom A.I.A. Archit JMVL lvl i 1 111115 11 !Ili 11 E I 't t. ^ 9 A-12� � . s � t� � } ' _ ,t_�J I �• � ,gyp -� ��\ " ,�y� ,�` ®, � ��?�<�,��,� ' Ap 17 Is" )MR41 GI I Y OF TIGARD To: The City of Tigard PLANNING DEPT. Re: South east corner of Bonita Rd . and Hall Blvd. (2 acres ) Proposal: To request a zone of Commercial-Pro£essioal with a plan development overlay. Mr. Fimmel , the owner of the subject property, would be willing to make certain concessions in the form of deed restrictions such as the elimination of convenient food stores , eating and drinking establishments. Purpose of Proposal: To allow for the establishment of a Professional , Medical Center. Summary: The deed restrictions should eliminate many of the citizen concerns. This proposed development would be a benifit to the com- munity and a natural adjunct to the established residential neighborhood. In addition this improvement would provide many long term benifits to the community as a whole. Sincerly, Robert Shannon cy to: Mayor City Council Planning Commission Planning Staff N.P.O. 5 N. P.o. 6 Order 1, 43-251848 EXHIBIT "A" Beginning at the northwest corner of Lot 6 , in WILSON ACRES , running thence Easterly along the north line of said Lot 6 to the northeast corner of said Lot 6 ; thence Southerly along the east line of said Lot 6 , 320. 41 feet . more or less , to a point in the east line of said Lot 6 , which point is the northeast corner of the tract of land sold to Harry Hambach and wife ; thence Westerly on the north line of said Hambach tract to the northwest corner thereof; thence Northerly along the west line of Lot 6 . 315 . 88 feet to the point of beginning . EXCEPT THEREFROM that portion conveyed to State of Oregon , by deed recorded October 1 , 1958, in Book 409 . page 653 . Deed Records of Washington County . Oregon . ALSO EXCEPTING THEREFROM the Easterly 295 feet as described in Contract to Roy C . Getty , et al . in book 1229 , page 380 , Washington County Film Records . t CHAPTER 18.40 C014NERCIAL - PROFESSIONAL ZONE C-F Section 18.40.010 - Permitted Uses (1) Civic Use Tv s - Public agency administrative services - Cultural exhibits and library services - Public support facilities - Lodge, fraternal and civic assembly - Parking services - Public safety services (2) Commercial Use Types - Animal sales and services a. grooming b. veterinary, small animals - Building maintenance services - Business equipment sales and services - Business support services - Communication services - Convenient sales and personal service (not to exceed 10% of the total square footage within the office complex) - Eating and drinking establishments (not to exceed 10% of total square footage witInin the office complex) - Financial, insurance and real estate services - Medical and dental services - Participation sports and recreation a. indoor b. outdoor (not to exceed 10% of the total square footage within the office complex) - Personal services, general - Professional and administrative service - Researcli services A_AI%DL1.11r k-UK ANY VAKLATIUI... 13L DLSCL06ED „ N ; ALTUAL SURVEY First American Title Insurance Company of Oregon _ An•ts°•n•OOus,n•io/TITIE INSURANCE COMPANY Of OREGON 12012 S. W. Canyon Road, Beaverton, Oregon 97007 (503) 641-7000 OREGON SCALE 100' CENTER CW CR 11 73i 2 5 e4`S5 W Igo. 3S e?"i w 20400 SEE MAP l S ®'°S7 W U3 00 2S i t28B 6. N 73°,y'yY 131.00 T S 07'W,W ye 40 TERAd CR 736 S.W.(D u o (CR NO 736 ) 135 � 1600 2.0j AC 1500 1400 ZW AC. AC VV (_Al NORTH 11iY ` \ Y71L1{a MNZRAN4M A _ Cr E �D1.0 39 4o s I-D ��J .23 74 130,9 I100 _ 2100 2200 194 .4C S 2300 g' 14'4j s ss°sd E 3300 +.s re ., Ill 3400 6 Ill 0 7 . 3200 W 5 �-lA 1\/J .�{' 17 � to �1 se '- _ I—� 3500 8 e 2 400 ,,,2000 C.) ti n 19ift = h o y = -4100 ss s2 p �+ 3 Boras a�; `'�7y : � a�� :''36CC �, 900 so 2,�iCjO 15 �:. .Oil 9 20 ' 13743 ROGER A. NELSON, P.C. ATTORNEY AT LAW ROGER A NELSON B,WBUR WEST BUILDING TELEPHONE(503)245-4905 9221 S.W.BARBUR BLVD. SHARON SIMPSON SUITE 310 PORTLAND.OREGON 97219 April 14, City of Tigard.. william��yAJ.� s�ynob n -Tc�t�r er : :97223: Ras Cpp <. lttii ;iratification agenda Dear Mr. Monohans Please be advised that this office is renresenting Mr. Stanley Friesen and MIsA Louise Friesen in the matter of operhe ty owned and comprehensive plan desivnation of certain thin is by.the 7��esens., writhin the City of Tigard. located'. On .Hga1l: blvd and the description is enclosedyren, R�;G ;�,y: t aha :cone® to the attention =of the Friesens !t$ t the pr®pCY Zia 3ie.exi' re-zohed from Commercial-Prof gs .00�art (C P.) %iso .Sidi :Dronsity .Residential (A--12) and that, the Asx <� y Tigard Comprehensive received ari,A�-:l2 designation under the Plan. hFriesens' belief that this redesignation was It_ ;tedequate not made:'3Yi 8 °xbr;°and that the Fri.eserovalooFved theicomphensiveiae he of the redesignation prior to 1PF plan. It is the intent of the Priesens to i,e present at t hearing to ratif-, the co. prehensi ve plan schedule for May g . 1983, at which time they will recuest that the comprehensive be plan designation and. the interim zoning map bbaa corrected Liy changira :. the 'designati©n fovttheir property ck to C-8• Commercial .Profess ions l. Thank you for your cooperation in this matter. Please contact me" if you have any further euestions in this matter. Very trull.7 yours, Roaer A. r?elson nal CC! Mr_ . Stanley Friesen ana Ms. Louise rriesen MMIRM May 3, 1983 MEMORANDUM TO: Mayor & City Council {{ FROM: Department of Planning and Development ;lr . SUBJECT: Comprehensive Plan Ratification As you recall, Tigard's Comprehensive Plan was adopted in various pieces ; the element reports, the policies and implementation strategies and the maps (land use, zoning, transportation, etc. ). When the City Council initiated its review and adoption of the various pieces, staff suggested to the Council that all of these pieces of the plan, once adopted, be tied together via a ratification ordinance. Staff also stated that all of the element reports will be collated into one resource document for ease of use. This process would organize the Plan into four parts: 1) The Resource Document; 2) The Findings, Policies and Implementation Strategies ; 3) The Comprehensive Plan Maps; and 4) The Community Development Code (once completed and adopted). In addition to the organization of the Comprehensive Plan, the City Council stated that it would allow itself, the public and staff to re-evaluate the r contents of the Flan so changes (additions and omissions) could be made before the Plan is submitted for LCDC review. This "housecleaning" time period has brought forth the following staff recommended changes to the map and it is anticipated that various property owners will also suggest changes throughout the City. These changes will be shown on a map at the May 9th Council meeting. 1. East side of Hall Boulevard, south of 99W - shown as Medium Density Residential. It should be planned as Commercial Professional Office by prior approval, underlying zoning C-P. 2. South side of Bonita, west of 79th - shown as Low Density Residential. It should be planned as Medium Density Residential by prior approval, underlying zoning R-5. 3. North side of Canterbury, east of 99W - shown as Commercial-Linear. It should be planned for Medium Density Residential because of existing residential uses on the property, underlying zoning A-12. Due to the changes in the NPO #4 area and the remaining vacant commercial areas, staff has re-examined the C-L (Commercial-Linear) designation. Because staff believes that most of these areas will not be developed in a linear fashion, but rather as planned complexes and centers, a more appropriate designation would be C-G (Commercial-General). Staff is requesting that the Council adopt this nomenclature with the understanding that only the designation title changes, the policies and standards will remain as previously adopted. MEMO May 3, 1983 Page 2 In addition to these changes, there will be other amendments to the text of the Comprehensive Plan that will be presented to the NPO's, CCI, Planning Commission, as well as City Council in the same manner that was used during the original adoption process. These amendments will include the following: 1. The final density calculations based on changes made at the May 9, 1983 City Council meeting. 2. The Coal 5 Resources Inventory which includes cultural, historic, and preservation areas and ESEE (Economic, Social Environmental and Energy) consequences. This inventory, which is being conducted by two Portland Community College geography students, sill be completed by June 15th. 3. "Special Area of Concern" policies which will address needed buffers along Hall and Durham in NPO's 5 and 6, and any other policies that are needed in the special NPO areas. 4. The Community Development Code and Development Zoning District Map. The Code has been redrafted with minor exceptions and is being reviewed by staff and the attorney's office. The final printed Comprehensive Plan documents will be made available to the public for sale at the time the City submits the Plan to LCDC. Prior to that f time, staff will make photocopied volumes available for review at City Hall and the Library. pm (0458A) We , the undes -ned re7uest t e " :%s rd - t., count ' to cnan:re the z-n, Y s o r the S'; ; T1orth La'�ota area referred t n t'rie net t ` on enti.t� ec? Tt ' 7l7est fo1- 1FctaL- s-)ed, r.rea Des ' "nat"' on and R-?_ Zone ' rah'^^ r:as or=?sented tc t':ze P. ann' n7 =eoartmen_t on Jarlua» _'� _ !- fT'or^ R-2' to R- - " . Sabsecuent to the re- sentat' '�n of that ,et -t;_Jn , the Zoni.n was r'eS' ;rnat.ed aS R-2 . but WP, n71J fee 1 the best i Ater =ts ^ ^ t ]e ne ;r',-;'nor-io3d as a whole to be des ' -„nated as an R-”- zone . 5i1'latUre address DAt`' C,-7 3 e% IA V %•L �U jG C , 17 /1-3 iii� •,,:.�,�'�l - ; /'���' ,✓ L,� i L{, Awl a �' 3 W� 'n 27 1983 L 10730 SW North Dakota CITY OF TIGARD Tigard, Oregon 97223 PLANNING DEPT. January 27 , 1983 Tigard City Planning Commission Tigard City Hall Tigard, Oregon 97223 I* I represent myself and the 14 property owners whose signatures appear on the attached petition. Our concern is in regard to the medium density designation of the Cowgill property and other flood plain property in c,_,,- !rea, all of which has been designated medium density. Our basic concern is that our neighborhood is not designated as an "Established Area" on the proposed Comprehensive Plan; and, therefore, we are riot protected by Policy 6. 3. 2 of the Plan whereunder established residential areas are protected with re- s gard to density transition and compatible housing type . We par- ticularly want to be protected from having apartments built next to already existing residential homes. Whether the Plan recognizes us as established or not, the fact remains that there are in exist- ance some very nice residences situated adjacent to the designated medium density property. z All we are requesting is that our area be recognized as an "Established Area" to protect the existing residences and to assure us the protections of density transition and compatible housing type under Policy 6 . 3 . 2 of the proposed Plan. In further explanation and support of our contention that we should be designated as an "Established Area," we call your attention to the following information: (1) The SW 108th Avenue subdivision Doreen Court having 9 lots though not designated "established" on the map which I last saw at City Hall is in fact established with new homes con- structed on all 9 lots of approx. 7 ,500 square feet . Tax Lots 2000 and 2200 are also developed lots occupied by private residences. c (2) The area easterly of SW 108th consists of large lots varying 4 in size from approximately 1/3 to 1 acre , all occupied with private residences. I ( 3) The lots are all developed, landlocked and/or flagshaped with insufficient access to allow further development . In particular, note T.L. 2300 which is only 87 . 34 feet wide; thus , after allowing for the required 50-ft. access , there would remain only 37 . 34 feet of buildable land. T.L. 2600 is flagshaped with insufficient access in that it has a 40 . 68 r ft . . access . (Both tax lots are already occupied by private I residences. ) l LPKM Tigard Planning Commission -2- January 27 , 1983 (4) T.L. 2800 is also flagshaped with sufficient access, but because of the positioning of a large residential structure it would possibly accommodate only one additional residence; since this tax lot neighbors medium density property , we feel it is imperative that it be protected. (,) This area was recently annexed to the City of Tigard and pre- viously Washington County had designated these lots as single family residential and the recent development necessarily took place in accordance with that outlook. We are advised that Tax Lots 2900 and 3000 were formerly denied permission for additional development by the county because of lack of the required access . We, therefore, emphasize that our neighborhood is an established area and the existing residences in use are entitled to the pro- tection afforded "Established Areas ," and that in keeping with the large lotting patterns in existance that the area be zoned R-20 as we feel no other designation would apply. IV?ey truly s, ! X�ronne M. Larson l IBM I REQUEST FOR "ESTABLISHED AREA" DESIGNATION & R-20 ZONE We, the undersigned, request the Planning Commission and the Tigard City Council as part of the Comprehensive Plan to consider the SW North Dakota area as colored in on the attached map and by this reference made a part hereof, as an "ESTABLISHED AREA." We further request that the area referenced be designated zoning of R-20. We make this request for the reason that the lots indicated are presently approximately one-til?rdto one acre residential lots , many of which cannot be further developed, and we wish to maintain and preserve the character of our existing neighborhood . We strongly desire that our neighborhood be protected by the comprehensive plan policies governing "ESTABLISHED AREAS . " Signature Address Date lo(.6 a sw -f1. 3 -P3 p��05''� tJ �J 1 -3 JV- 3 IDgoo WVL) 93 io 7 v S lu A/ ��itf�'� �,�2 .3 v n 3 s�..,Y,.,�,Aw t?� p>�/q,,. `3 :3-7 I ofs 7070 �.� 415 Oa 3' E A A ro2•Q •4nj 03 SppA O u O O o O - n0 N o UI .A W N U r _ r cn u n o �, 4 3i 90 V S.W. 10443. so Hsl.0y AVENUE 94 ..-•17 70 7C 275 a9.39 CAD 0 �O c7*� o O N i 31 lii.�1b 67 C /. co 10 N - N 5o-33'w 526.1 C' u J IJ -0." JTEf1.2N5 s o ti o^0 3c'E (� 7»1/2CN tm1 Ic01 w - �> zirr,rlE2/hs�N � p 7.33 I/i CN. 240 N NO^33'E 527 5275 (�O n_ ;4 �+ V 0 } e�OL<A+eS n p \ I�- OD �EwoL//9� n v' 0 240 ` 526 2 5 � pf c ti + 249.1 / 523.9 Ol N- 150 f7 63 o v W � - Cf zz9.2zCO _ ! 1 L3or3C,s✓ro a o ISO 63 63 476.32 O _� NPDt!, S.W. 10 6 t h. b +O D o O 72 S 70 I 6A n 0 cAi1 I W � W ja U1 -- N O O O O j I i0 V+ W - N — O n O n 1 46 2 _ - ill 7 .3 70 6 249.15 249.31 !3p W W i4 W z Z n TR CT A 69 �• � I�PRIVATE STRE T x x � 62 A 62 ? lie 23 OD W N OO'4' t r � ("1 rn I �• r z 62 250.7 21 20 CA fir_ LIJ 0 n c� r - x z r o ' e 4 i #: N k • Pl.arc�h 30, 1983 Tieard C Ity Council, Tigard , Cregon 97223 Dear C=ouncil ('embers: On January 27 , 1983, the `.,igard -Tanning Committee met to make changes to the density designation of the 1'i`;ard Comprehensive Plan. Yr. Paul Soloman of 10125 S - 14. Kent place (Pick' s Landing) . gave testimony regarding the abutting block of land (Tax lot 500 owned by Lucy Scheckla and `--ax. lots 600-601 owned by :.arie (Callier) ijreed) . In his testimony , r. Soloman stated there was an 8 year restriction on the Schec l JramilyFfrom developing due to terms in Piir. acheckla s will . T\rr. Soloman' s testimony of false statements ththe erebynal dswayed of the planning commission into chani-Ing ensity medium high to low density . After coriferring .with 1\'r. . ,ill 1.ionohan (Ti,ard City rlann e and his staff at City Hall on ?,:ednesday, I�:arch 30, 1983, we would like to initiate �c,mprehensive land�lan change restoring this block to its initial dens, t3' �r - to S".r 77, Soloman' s false statements . �Jaivi nth. of the fee would also be justifiable in righting, th1s matter . Lour careful concideration the duress caused us in is Greatly appreciated . E` ALucy acheckla Marie Collir Breed e z., 1' j .. v 't �, T4k9' ttf 'k .• 4{' M • ��� `' Y x _ , r + EISENMINE ' ;Mj r r• 4 �� � f R ► �-�. �'' �iv����a;� ,�..x ==b ;i ' t�.�` �� . ��� :gip n `w1 �i� ♦�, *�,i #� i r rr a�lilt�atli►+.+�� + �o1 ��s �x 1 ,,� y _. ,,a�',Y-�,F,. ...n....e. �..,�:" yY�.�. -r, n�.z. 9< -�.=� - �'`t;' �y.'�•. � e '� �r 'rn 4 S�/ T2� Lxn:.i�,� •..y Y>w� JW..�,X'. �. 4 `: 1•_ • ' ..111444. s, •F 'arm-� 3. -t$ 9. �R.�:. ����W, �� ,. .i �1 rs- .+.�...,,,�,-s._- NPO # 6 1. Picks Landing Homeowners Association submitted a petition for two pieces of property, one medium density strip between Kneeland Estates and Picks Landing and the area just to the west of Picks Landing, which is designated medium high. They are requesting that both properties be designated as low density residential. o Phil Pasteris, NPO # 6 Chairperson presented the NPO #6 recommendations. They did not support staff's proposed designations. o Jerry Linschoten, 16120 S.W. crimson Ct. , Chairman, Picks Landing Homeowners Association spoke against staff proposed Comprehensive Plat Map designations. o Bruce Rogers, 10305 S.W. Serena Way, Picks Landing spoke against staff's proposed Comprehensive Plan Map designations. o Lengthy discussion followed between staff and Commissioners regarding density on surrounding developed properties. _ o B. Voitilla, Tualatin Development Company, 15300 S.W. 116th, owners and developers of the subject site, known as Copper Creek. Project is within the low density range. They were surprised when increased density was proposed, since this was a PD under process. o Paul Soloman, 10125 S.W. Kent Place spoke against staff's proposed density. o J B Bishop 10505 S.W. Barbur Blvd. S-303, spoke against staff's proposed plan map designation. o Commissioners discussed Copper Creek site density. Commissioners did not feel designation should be changed after it had been through the public hearings process * Commissioner Bonn moved and Commissioner Jordan seconded that the Copper Creek site, as committed land remain Medium Density, R-5 PD. o Lengthy discussion followed. * Commissioner Bonn moved and Commissioner Owens seconded to change medium density to low density, with density transfer to other site to be resolved with staff and NPO, working out density calculations before the City Council meeting. Motion carried four to two. Commissioners Speaker & Leverett voting no. NPO # 6 members and local residence adjourned to out area to discuss area where density could be increased. ** NPO # 5 Continued. . . . UM NPO # 5 additonal changes 1. Bob Aungier regarding 5 1/2 acres on S.W. 74th. He felt it had been down zoned from what the County had it zoned. o Associate Planner Coursolle stated that the property is designated Light Industrial which allows the sames uses as the County zoning and is not considered a down zoning. o Discussion followed regarding majority of property being in Floodplain/Greenway area, which makes majority of property undevelopable. * Commissioner Edin moved and Commissioner Leverett moved to leave plan map designation as is. Motion carried unanimously by members present. 2. Howard Cornutt, 11720 S.W. Lynn requested that all the property that is under one ownship off of Bonita on S.W. 79th be placed under the same zoning. Property abuts Gentle Woods Development , which is low density. o Chris Vanderwood, NPO # 5 Chairperson would not support a change from low density. o Greg ? 14760 S.W. 76th supported a medium high density, if left low it would not be marketable. * Commissioner Edin moved and Commission Bonn seconded to recommend medium density to the south and the remainder to be low density. Motion carried unanimously by members present. NPO # 7 1. Mr. Hart sent letter to staff point out a map error; showing property in floodplain when it was not. Staff concurred. * Commissioner Owens moved and Commissioner Edin seconded to removed floodplain mapping error. Motion carried unanimously. NPO # 6 continued o Phil Pasteris NPO # 6 Chairperson made proposal of medium high density south of Gravens, along Tualatin River. Parcel west of Picks Landing south of Durham would go to medium high. Corner of Hall and Durham could go to medium high, northwest corner. Parcel of lard south of the high school to be medium density. Also a potential area is the little Bull Mountain area. Read letter into record with NPO # 6 supporting Low Density. o Dave Atkinson 10460 S.W. Century Oak Drive did not support increased density in Bull Mountain area because of steep grade. o John Thomas, 16575 S.W. 86th. did not support medium density on property south of the high school. o Marvin Smith, 10100 S.W. Highland Drive, owner of property ti proposed for medium density south of the high school. He supported the medium density. o Doug Seely, West Linn, respresenting Robert Randall Co. Would support increased density for parcel on the south side of Durham and east side of Pacific Hwy. Would also allow increased ' density on the Hall and Durham site. I gill 1:il t i Mr. & Mrs. Jim L. Chatterley May 3, 1983 825 Valley Vista Fillmore, CA 93015 t1r. Jermey Coursolle City of Tigano P.O. Box 23397 (�,'? f I1 ?�- Tigano, OR 97223 y } Reference: Subdivision 5-2-81 �;';Illy Bonita Park/Chatterley Site Location 14575 S.W. 79th Ave. CITY OF IIGAR D Tigano, OR 97223 PLANNING DEPT. Tax lot #4000 Map 251-12B Approved July 23, 1981 Mr. Coursolle, During the early months of 1981, we went through the effort of making application and complying with all the city's requirements to rezone the subject property from an R-7 zoning to R-5. A small 10 lot subdivision was approved for the property that we intend to develop. Since this time I was transfered from the Tigasitl area and because of the general ecconomnic conditions in the housing marketplace we elected not to proceed with the development. At this time we are actively promoting our development plans. However, in a telephone conversation with Ms. Liz Newton on May 2, 1983, I was informed that there has been an aclniinistrative decision to rezone the property without notice. Needless to say I am shocked! Please clarify the property status so we may proceed with the planned and approved subdivision development. An early reply will be appreciated. Very Truely Yours L. Chatterl ey JLC:of Mr. & Mrs. Jim L. Chatterley May 3, 1983 825 Valley Vista Fil]smre, CA 93015 Pir. Je niey Coursolle City of Tigano � P.O. Box 23397 IrIMAY \J?j;� Tigan, OR 97223 V Reference: Subdivision 5-2-81 Bonita Park/Chatterley CITY OF T I GAR D Site Location 14575 S.W. 79th Ave. Tigan, OR 97223 PLANNING DEPT. Tax lot #4000 Map 251-12B Approved July 23, 1981 Mr. Coursolle, During the early months of 1981, we went through the effort of making application and complying with all the city's requirements to rezone the subject property from an R-7 zoning to R-5. A small 10 lot subdivision was approved for the property that we intend to develop. Since this time I was transfered frcm, the Tigard area and because of the general eceonami.c conditions in the housing marketplace we elected not to proceed with the development. At this time we are actively promoting our development plans. Hov.-ever, �- in a telephone conversation with Ms. Liz Newton on May 2, 1983, I was informed that there has been an administrative decision to rezone the property without notice. Needless to say I am shocked! Please clarify the property status so we may proceed with the planned and approved subdivision development. An early reply will be appreciated. Very Truely Yours L. Chatterley JLC:af THE HOUSING AUTHORITY OF WASHINGTON COUNTY P.O. Box 988 — 560 S.E.Third Avenue, Hillsboro, Oregon 97123-0988 Phone: (503) 648-8511 COMMISSIONERS. IN REPLY REFER TO'. D.H.Dittman.Chairman T.J.E,wert,Vice Chap— L.M.Wallace W.J.FitzPatnck May 9, 1983 R P Hackl EXECUTIVE DIRECTOR D.Page Mr. Wilbur A. Bishop, Mayor City of Tigard (!'1.U`( 19�'3 Lu' 12755 S.W. Ash Tigard, Oregon 97223 CITY OF TIGAKD SUBJECT: Your letter dated April 28, 1983 PLANNING DEPT. Dear Mayor Bishop: Since we have fully expressed our position regarding the City of Tigard's housing element of the Comprehensive Plan in our position paper submitted to your council on February 7, 1983, and our letter of April 27, 1983, we would have nothing more to add at this time. Previously we supplied your city planner with the location of all of our units and he has seen all of the units we currently own. We would hope that the Mayor and Council will agree that as long as we meet all zoning and like ordinances , we should not concern ourselves whether a wealthy person or an impoverished person occupies the same residence. To us , this would seem to not be a permissible subject to local governmental control . We would be pleased if the city affirmatively plan, provide and adopt regulations and policies toward complying with L.C.D.C. Goal 10, starting with the deletion of Policy 6. 1 .2. S' c rely , 124Y� DAYT N PAGE Exe utive Director DP/tp D � _ ARCH T E C T may 5, 1983 ATTENTION, ;::ISS LIZ NE`:^1TON TIGARD PLANPTINC DEPARTII,r,EVT P.O. BOX 23397 TIGARD, OREGON, 97223 CITY OF TIGARD PLANNING DEPT, In a conversat on I had with one of the people in your Planning Department today it was brought to my attention that the comprehensive plan map shows our parcel of 1 .6 acres at 13335 S •il. Hall Blvd. , Lot No. 702, not to be the A70/80 Senior Citizen Community:, Designation we worked so lone- hard and at considerable expense to achieve and did achieve in January, 1981 . Our purchase of the property was contingent upon that approval. I would hope that the City Council and the Planning, Commission arree that nothing- has taken place„t;iMe their wise decision of two years ago that should alter that decision. All of the amenities that contributed to the approval in 1981 stili exist today. Liz, I did talk to you as recent as February of this year, at which time you stated that the A/70/80 designation for our property was not in jepr-ody, but that the Central Business Disrict--0esignation and all that went with it iaould become supplimental to the existing A70/80 zonir<< c?F �iCrn'i.or:. In our conversation today you said you believed that it was the intent of the Council and Planning Commission to retain the A70/80 Designation for our property and that the Comprehensive Plan Map was probably in error. Please call this to the attention of the City Council at their meeting on monday, May 9th, so that this issue can be resolved. Thank you for your help. 'in erely Ri d�, rg' ,91 CHARD STURGIS A.I.A. 2216 S.W. SUNSET BLVD. PORTLAND, ®RE. 97201 5 0 3 2 4 6 6 5 2 0 Architects Van Lom A.LA 34 N.W First St. Suite 309 Portland, OR 97209 ' (--")3//226-059(,D c-� t't 7 71--s--•S.jam. C1-!Y OF T►GAKU PLANNIING DEPT. May 4, 1983 Mr. Bill Monahan Director of Planning and Development City of Tigard 12755 S. W. Ash Tigard, Oregon 97223 Dear Mr_ Monahan: On Monday, May 9th the City Council will hear final arguments prior to ratifying the new comprehensive plan and zoning map for the City. Since the City has been trying to create a balance of housing densities within the City boundaries, I would like to bring to the attention of the City council a site which is being redesignated Medium-Density Housing (A-12) , which I feel you will agree would be better designated as Medium- High Density (A-20) . This site, a 6.38 acre parcel north of S. W. Dakota Street, known as Tax Lot 100, !Sl-34DA, located at 10485 S. W. North Dakota Street, has 4.03 of its acerage below the flood plain along Fanno Creek. Policv 6.4.1 states that "twenty-five percent of the number of units which could be accommodated on the undeveopable land may be transferred and placed on the developable land". The allowable density, using the A-12 density designation, would be 40t units (2.35 acres (above flood plain) x 12 + 4.03 acres (below) x 12 x 25% = 40) or a net density of 6.27 units per acre for the total 6.38 acre site. If a A-20 designation were applied to this parcel, however, it would allow for 67 units (2.35 acres x 20 + 4.03 acres x 20 x 25% - 67) or 10.5 units per acre for the entire parcel. Because of the location of the site and the adjacency of the greenway, it provides a very suitable site for higher densities. I am enclosing a proposal for 64 units which shows how this parcel may be developed with only 8.34% of the site being utilized for housing, 13% being devoted to parking and driveways and the remaining 78.66% allotted to open space, landscaping, walkways and recreational space. These densities will r be the net result of an A-20 Medium-High Designation for the entire site using the requirements of City Policy 6.4.1. i With the City of Tigard looking for "opportunities" to locate higher densities which are appropriate, accessible and provide amenities, I recom- mend that the City look at this parcel.for its potential as an A-20 zoned parcel. Mr. Bill Monahan Director of Planning and Development City of Tigard May 4, 1983 - page 2 This area seems well suited for higher density because it, a.) is near an "open" greenway area; b.) can be used as a buffer between the adjacent M-4 designated zoning and the existing residential area; c.) is the highest and best use of the area above the flood plain and greenway; d.) will provide a higher density housing nearer shopping and mass transit; and e.) will provide additional needed multi-family housing within the Tigard City boundaries. Nearly 93% of the Tri-County vacant residential land is zoned for single- family housing with lots greater than 1200 sq. ft. The Tri-County area has only 7.2% of vacant land zoned for multi-family. If all of the multi-family zone land is built to the maximum capacity of its designation (including additional density given as credit for flood plains, greenways, street dedications, etc.) this will accommodate only 470 of the projected multi- ; family needs to the year 2000 according to VACANT LAND STUDY, 1978 by 1000 Friends of Oregon. Yours very truly, ARCHITECTS VAN LOM A.I.A 4 t Jo3eph M.; Van Lom A.I.A. Archite t JMVL lvl I [10RT'•S ',1A1(tlT• , I I ( �.. �^ 1 - I I � � -� � � I �� D I • o to 401 top A : [• i) Irl �- —- I it Tle•MD 1. �ag 7 +• ALAuT 1 I w'4 f. [,MOL '��a�S� - V\ �/ '•J `' t♦ s '[ '^ I • :`IAC • •' �� �� Z r may' r-r _ � ♦ ;oil � � � i saw ® �[, Jim L. ChatterleY 825 Valley Vista Fillmore, CA 93015 A IGI-\V<U April 28, 1983 pLp�NNING DF-P Ms. Elizabeth Newton City of Tigard P. O. Box 23307 Tigard, OR 97223 Reference: Subdivision S 2-81 Bonita, Park/Chlatterlpy Ms. Newton, In a conversation with Diane Jelderks on this date, I understand the subject property R-5 zoning staus has been revised to R-7. If this is the case, we have not been notified of the revised status. Should this revised status be only a technicality, please reinstate the zoning as soon as possible. Sincerely, Jim L. Chatterleyti JLC:jf �r dor � ho�o Fi in � A /71 £ May 3, 1983 MEMORANDUM TO: Mayor & City Council FROM: Department of Planning and Development/�,'V� SUBJECT: Comprehensive Plan Ratification As you recall, Tigard's Comprehensive Plan was adopted in various pieces ; the element reports, the policies and implementation strategies and the maps (land use, zoning, transportation, etc. ). When the City Council initiated its review and adoption of the various pieces, staff suggested to the Council that all of these pieces of the plan, once adopted, be tied together via a ratification ordinance. Staff also stated that all of the element reports will be collated into one resource document for ease of use. This process would organize the Plan into four parts: 1) The Resource Document; 2) The Findings, Policies and Implementation Strategies; 3) The Comprehensive Plan Maps; and 4) The Community Development Code (once completed and adopted) . In addition to the organization of the Comprehensive Plan, the City Council stated that it would allow itself, the public and staff to re-evaluate the contents of the Plan so changes (additions and omissions) could be made before the Plan is submitted for LCDC review. This "housecleaning" time period has brought forth the following staff recommended changes to the map and it is anticipated that various property owners will also suggest changes throughout the City. These changes will be shown on a map at the May 9th Council meeting. 1. East side of Hall Boulevard, south of 99W - shown as Medium Density Residential. It should be planned as Commercial Professional Office by prior approval, underlying zoning C-P. 2. South side of Bonita, west of 79th - shown as Low Density Residential. It should be planned as Medium Density Residential by prior approval, underlying zoning R-5. 3. North side of Canterbury, east of 99W - shown as Commercial-Linear. It should be planned for Medium Density Residential because of existing residential uses on the property, underlying zoning A-12. Due to the changes in the NPO #4 area and the remaining vacant commercial areas, staff has re-examined the C-L (Commercial-Linear) designation. Because staff believes that most of these areas will not be developed in a linear fashion, but rather as planned complexes and centers, a more appropriate designation would be C-G�( ere isI-General). Staff is requesting that the Council adopt this none c ature with the understanding that only the designation title changes, the policies and standards will remain as r previously adopted. t n MEMO May 3, 1983 Page 2 In addition to these changes , there will be other amendments to the text of the Comprehensive Plan_ that will be presented to the NPO's, CCI, Planning Commission, as well as City Council in the same manner that was used during the original adoption process. These amendments will include the following: 1. The final density calculations based on changes made at the May 9, 1983 City Council meeting. 2. The Goal 5 Resources Inventory which includes cultural, historic, and preservation areas and ESEE (Economic, Social Environmental and Energy) consequences. This inventory, which is being conducted by two Portland Community College geography students, will be completed by June 15th. 3. "Special Area of Concern , policies which will address needed buffers along Hall and Durham inNPO's 5 and 6, and any other policies that are needed in the special NPO areas. 4. The Community Development Code and Development Zoning District Map. The Code has been redrafted with minor exceptions and is being reviewed by staff and the attorney's office. The final printed Comprehensive Plan documents will be made available to the public for sale at the time the City submits the Plan to LCDC. Prior to that time, staff will make photocopied volumes available for review at City Hall and the Library. pm (0458A) Y t ff E 0_ # V May 5, 1983 MEMORANDUM TO: Mayor & City Council FROM: Bob Jean, City Administrator SUBJECT: Ash/Pacific LID #38 Attached is a copy of the Resolution and Ordinance for Ash/Pacific LID #38 for your review. Enclosed is a letter from JB Bishop requesting this issue be postponed until May 16, 1983. Ed Sullivan's office will also be providing some additional information to you at the May 9, 1983 meeting. STAFF RECOMMENDATION: Staff recommends the Ash/Pacific LID #38 issue be postponed until May 16, 1983. Council may or may not wish to discuss the issue, even if continued. Fm C0458A2 i MEN 11111 ll!llllllllmmm� t i t May 4, 1983 Bob Jean City Manager City of.- Tigard Tigard, Oregon 97223 Dear Bob: In order to adequately resporq to issues raised in the various memo ' s from the City Attorney' s office, the City's bond counsel, financial bond consultant, and the City' s Finance Director, I respectfully request that the scheduled Monday, May 9 City Council hearing on the formation of L.I.I . # 38 be set over or continued until the following Monday, May 16. This will allow me to complete my response to the above referenced documents which were submitted to the Council members and-. my attorney' s on the evening of the last Council meeting. In the next few days, we will submit our written comments to you and this will allow for staff review and comment along with inclusion of this data in the Council packets in order to give all parties to this issue adequate time to reflect on both the issues at hand and the specific concerns that have been expressed or may surface due to a clear understanding of all the facts. Thank you for your consideration of this matter. Please forward this request to the Council.. Sincerely, ain Street La d Corp. Suite 303 10505 SW Barbur Blvd. Portland, Oregon 97219 i i CITY OF TIGARD , OREGON RESOLUTION NO. 83 A RESOLUTION OF THE TIGARD CITY COUNCIL SETTING C014DITIONS FOR ADOPTION OF AN ORDINANCE DETERMINING THE COST OF STREET IMPROVEMENTS IN THE ASH/PACIFIC LOCAL IMPROVEMENT DISTRICT (LID #38) , FOR RATIFYING AND ADOPTING THE APPORTIONMENT AND PRE-ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF LAND WITHIN THE DISTRICT, AND FOR SPREADING THE ASSESSMENT AND DIRECTING THE ENTRY OF THE ASSESSMENTS IN THE LIEN DOCKET. WHEREAS, by Resolution 83-26 the City Council declared its intent to construct certain public improvements within an area determined to be a local improvement assessment district identi- fied as "Main Street" LID #38 , and WHEREAS, LID #37 was also identified as "Main Street" , and WHEREAS, the major property owner assessable in both LID #37 and LID #38 is JB Bishop and his share represents approximately 50% in LID #37 and 99% in LID #38 , and WHEREAS, the property to be benefited is substantially un- improved, and WHEREAS, the City Council is concerned about the security of the City and the bondholders for LID #38 and ..LID #37 , and WHEREAS, the City Council, however, finds the improvements in LID #38 and LID #37 to be desirable. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Tigard that: 1. The City Council intends to proceed with the formation of LID #38 by adopting an ordinance determining costs, adopting apportionment of costs, providing for preassessment, and spreading the assessment when certain conditions have been met by JB Bishop, the major property holder in the district. 2. If the City decides to proceed with the formation of LID #38 by -spreading the assessment by ordinance and subsequent sale of bonds to fund the improvements for LID #38, the ordinance will be conditioned upon the following: A. JB Bishop has entered into a Waiver Agreement, of a form reasonably acceptable to the City Attorney, pursuant to which JB Bishop irrevocably waives the statutory one year grace period before the City may institute proceedings to foreclose the assessment lien under the Bancroft Bonding Act. i RESOLUTION No. 83 1 } B. JB Bishop has agreed that if the City elects to do so, the City may increase the principal amount of the bonds sold to fund LID #38 by an amount equal to the total of the bond debt service payments owed during one year of the term of the bonds . The amount of the one year debt service due under the bonds shall be held in an interest bearing reserve account administered by the City and disbursed in the event of a failure by an assessed property owner to pay any assess- ment when due. C. JB Bishop shall have provided an opinion letter from Miller, Nash, Yerke, Wiener & Hager advising the City that the bonds and the assessment liens issued pursuant to LID #38 will not be subject to compromise or alteration pursuant to the authority of the US Bankruptcy Court either pursuant to the now pending Chapter 11 proceeding or in a future Chap- ter 11 proceeding filed by JB Bishop, and a letter from JB Bishop irrevocably agreeing not to petition any court for any such compromise or alteration. D. JB Bishop shall have entered into an agreement with the City of Tigard, in a form reasonably acceptable to the City Attorney, pursuant to which JB Bishop shall agree to pay to the City for payment into an interest bearing reserve account separate from the account described in paragraph B above, each sixty (60) days an amount equal to one-third of the next due semi-annual bond debt service payment. E. JB Bishop shall have entered into a lease agreement with G. I. Joe' s for a portion of the property to be assessed under LID #38 . Such lease shall be acceptable to the City Attorney with respects to paragraphs (1) , (2) and (3) below. The lease payments shall be sufficient to meet the obligation of the assessment. (1) The lease shall also include a provision accept- able to the City attorney where by G. I. Joe ' s agrees to JB Bishop' s assigning all or a portion of his right to receive rent to the City upon a default by JB Bishop in making a payment referred to in paragraph D above and to direct G. I. Joe' s to pay an amount of rent equal to the amounts owed under paragraph D to the City. (2) The lease shall further include a provision acceptable to the City Attorney whereby G. I. Joe ' s agrees to make such payments referred to in E (1) notwith- standing a claimed breach of the lease by JB Bishop. (3) The lease agreement between G. I. Joe' s and JB Bishop shall not be made public o the extent that is possible under Oregon law. The lease may be reviewed by the City Attorney, Bond Council and Financial Council. RESOLUTION No. 83 2 F. JB Bishop shall have granted the City a security assignment of his right to receive rent under the G . I . Joe ' s lease, which will allow the City , upon a default by JB Bishop in making a payment referred to in paragraph D above , to direct to G. I . Joe ' s to pay an amount of rent equal to the amounts owed under paragraph D to the City . G. JB Bishop shall have provided an opinion letter from Ball , Janik & Novack advising the City that the lease is valid and to the best of their knowledge the payments under it are sufficient to meet the obligation of LID #38 . 3 . Resolution No. 83-26 is amended to designate LID #38 as "Ash/Pacific" instead of "Main Street" . PASSED by Council on the day of 1983 . Mayor - City of Tigard ATTEST: City Recorder - City of Tigard l 4. RESOLUTION No. 83 3 Eli CITY OF TIGARD, OREGON ORDINANCE NO. 83- AN ORDINANCE DETERMINING THE COST OF STREET IMPROVEMENTS IN THE MAIN STREET LOCAL IMPROVEMENT DISTRICT (LID #38) , RATIFYING AND ADOPTING THE APPORTIONMENT AND PRE-ASSESSMENT OF THE COST TO RESPECTIVE PAR- CELS OF LAND WITHIN THE DISTRICT, SPREADING THE ASSESSMENT AND DIRECT- ING THE ENTRY OF ASSESSMENTS IN THE LIEN DOCKET AND DECLARING AN EMF,RGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS : Section 1. The Council finds that by Ordinance No. 83- adopted on April 11, 1983, the Council authorized and directed t at the street improvements within the boundaries of the Main Street Local Improvement District (LID #38) , as bounded and described in Resolution 83-26 be undertaken by contract, and that that work will be completed. Section 2. The Council finds that the total assessable costs of the improvements within the boundaries of the Improvement District is the sum of $611,000, and the Council further finds that all lots, parcels or parts of lots within the boundaries of the District as defined in Resolution 83-26 are specially benefited and together shall •bear equitable shares of the cost of the improvement. Section 3. The Council further finds that the apportionment of the cost ot the improvement upon each lot, part of lot or parcel, as pre- pared by the City, and as set forth in the attached schedule, entitled "Main Street Local Improvement District #38", which by reference is made a part of this ordinance, is according to the special and pecu- liar benefits accruing to each from the improvement. Section 4. The Council further finds that the City Recorder of the City o Tigard has mailed or caused to be personally delivered to the owner of each lot or tract proposed to be assessed a notice of pre- assessment, which notice stated the amount of the pre-assessment pro- posed on that property and also stated a date by which time objections should be filed with the City Recorder unless said property owners filed a waiver of notice. Section 5. The Council finds that at its regular meeting of April 11, 1983 the City' s final estimates of pre-assessments and all objections - filed with the City Recorder were duly considered, and the City Council at that time determined the pre-assessment to be properly ap- portioned according to the special and peculiar benefits accruing to each parcel, part of lot, or lot within the Improvement District. Bach lot, parcel, or part of lot as designated in the attached ap- portionment schedule is hereby assessed and charged with the total sum shown on the lien opposite, and the pre-assessment shall consti- tute a lien against each of the said properties from and after the passage of this ordinance and entry in the City lien record as here- inafter provided. ORDINANCE NO. 83- Section 6. The City Recorder is hereby directed to enter each of the lots , ! part of lots, or parcels and the amount of pre-assessment againsteach, as shown by the attached schedule, in the lien docket of the City separate om other prior or subsequent assessments, and the same shall constitute a lien against each respective lot, part of a lot or parcel, and bear interest not to exceed the rate prescribed by law for bond issues. (ORS 288.520 (2)) Section 7. The City Recorder is further directed to charge interest at a rate equal to 2% points greater than the most recent Bancroft bond sale with interest to accure from the date of spreading the assessment if a property owner elects not to apply to Bancroft but is late or delinquent in making cash payments. An administrative fee of 5% of the remaining balance will also be due in that instance. Section 8. The period for which bonds shall be issued shall be years. Section 9. The City Recorder shall be authorized to issue warrants for the project until such time as Bancroft bonds are sold. Section 10. The interest rate to be charged to those applying to pay in rate of installments shall be the interest bonds which are sold for the improvement plus 2% for administrative fees per ORS 223.215. Section 11. That inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that the affected property owners be notified of the assessment herein with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective upon its passage by the Council and signature by the Mayor. F PASSED- By vote of all Council members present, after . being read two times by number and title only this day of 1983. City Recorder DAY OF 1983. SIGNED BY THE MAYOR THIS Mayor I (0458A) O'DONNELL. I DATE May 4 , 1983 SULLIVAN & RAMIS ATTORNEYS AT LAW TU EJS " 1727 N HOYT STREET _- PORTLAND OREGON 97209 15031 222-4402 FROM KS t RE Tigard - Ash/Pacific Conversation with Robb Ball 5/3/83 I spoke to Robb Ball on the telephone May 3 , 1983 , to discuss the concerns he had about the draft resolution on the proposed Ash/ Pacific LID. See EJS ' memo of April 27 , 1983 . I indicated that we had no objection to the removal of references to LID #37 from paragraph 2 .C. of the resolution. This addition was made after the meeting with JB at the request of the City Administrator . However , LID #37 was formed before JB filed for bankruptcy. I also indicated that the funds referred to in paragraph 2 .B. and 2.D. could be separated. Both will be kept in an interest bearing account with interest attributable to the payments due. I had redrafted paragraph 2.E. and read it to Ball . He was satisfied with the new language. A phrase was also added to paragraph 2.E. (1) to clarify that only an amount up to the amount sufficient to make the payment would be assigned to the City. To satisfy JB' s concerns about confidentiality of the lease a para- graph (3) will be added to 2.E. to indicate that the lease will go to the City Attorney, Bond Counsel and Financial Counsel. There would be no provision for City Council review. This is another matter of policy that the Council should understand, if they approve this LID. Paragraph 2.G. will be amended to read that Ball, Janik & Novak will give an opinion as to validity of the lease and to the best of their knowledge the payments under it will be sufficient to meet the obligation of LID #38 . I asked Ball about the article in the Tigard Times on April 28 , 1983 , where the following comments were attributed to JB: "Bishop said he would not agree to allow the City to increase the principal amount of the bond sold to fund one year ' s payment reserve. He said that condition was an ' extra precaution' that wasn' t necessary. Bishop also said he couldn' t agree to assigning rental payments from G.I. Joe' s if assessment payments become delinquent because he plans to ask- the store to pay only about 34% of the total LID assessments. " C Ball said he would check with JB and get back to me. SKS:dn 5/4/83 cc: Jerry Widner ,'Doris Hartig , Bob Jean Harvey Rogers and Rebecca Marshall mom O'DONNELL. DATE May 5 , 1983 SULLIVAN & RAMIS ATTORNEYS AT LAW To Bill Monahan, Planning Director 1727 N.W. HOYT STREET PORTLAND. OREGON 97209 (5031 222-4402 FROM Schneider , Asst. City Attorney RE T.U.R.A./election of officers FACTS: The Tigard Urban Renewal Agency was formed in 1981 with the City of Tigard City Council as the Agency Board. T.U.R.A. has never elected officers. The Mavor has acted as Chairman without ob- jection from the other Agency members. The Agency has also not adopted by-laws . ISSUE: 1. Is there a legal problem with the way the Agency has been conducting it' s meetings? 2. What steps should the Agency take to elect officers? CONCLUSION: The past practice of having the Mayor act as Chairman does not pose any legal problems. However, the Agency should elect a Chairman and Vice-Chairman as soon as possible. The Agency may also adopt by-laws by f resolution and elect other officers pursuant to them. i DISCUSSION: The Agency is a separate legal entity from the City. Umrein v. Topaz, 61 Or App 601, 603 , Ptd (1983) . In theory, the relative positions of the City Council persons is of no consequence in their Agency role. The ordinance establishing the Agency calls for election of officers. "At its first meeting after appointment, the Agency shall select a chairman, vice-chairman and such other officers as deemed necessary. Thereafter, such officers shall be elected by the Agency' s membership at or before the Agency' s first meeting in January of each succeeding year. " TMC 19. 04. 060. The record does not reveal that officers were elected at the first meeting or at any time after that. T.U.R.A. Meeting Minutes through February, 1983. However, the Mayor and Council President have acted in the roles of the Chairman and Vice-Chairman. No Agency member has objected. No Agency member has acted inconsistently with the Mayor' s actions as Chairman. SKS:pm 5/6/83 PAGE ONE O'DONNELL. DATE May 5 , 1983 SULLIVAN & RAMIS ATTORNEYS AT LAW �� Bill Monahan, Planning Director i727 N.W. HOYT STREET PORTLAND. OREGON 97209 FROM Susan Schneider , Asst. City Attorney 15031 222-4402 RE T.U.R.A./election of officers Citing a New Jersey case McQuiilin summarizes the general law in this situation. "The ordinary powers of a corporation do not vest until the body is organized by the selection of a presiding officer. But acquiescence of the members in the presi- ofice - dency of one who has color of ro hacht-aviceacancl sof fther is tantamount to electing him p actual organization is complete. " 4 uicCO. v-n Mustacker , 513 .19 538 (3rdPEd863S�1911)riet Trust Co. v. Seng 58 Or 333 , 113 The Mayor certainly has color of right as Chairman armn in his role as i Mayor and he has served as Chairman through iro acquiescence the other members . Therefore, T.U.R.A. was properly organized.the lack of There appear to be no other real legal problems elections. should bring its actions into conformity with the The Agency can and for ordinance by holding elections inChairman i in January from now on. as soon as possible and at the first meeting the Agency also provides for the adoption of The ordinance activating by-laws. i "The Agency shall adopt by-laws and rules of procedure to regulate the conduct of meetings; until such rules are adopted, proceedings of the Agency shall be conducted in accordance with Robert' s Rules of Order. " TMC 19 . 04 .070. The Agency may also adopt by-laws for offices in addition to the Chairman and Vice-Chairman and hold an election concurrentlyowithothe nto fill ions. Subsequent elections would be held in JIt should be noted that the anuary election of Chairman and Vice-Chairman. Council doesn' t have any rules either. SKS:pm cc: EJS PAGE TWO T I -TU-j' E-'iPiJ000 A L z R A G R h The TI-TU-ME-WOOD GIRL SCOUTS CORDIALLY INVITE YOU TO JOIN US FOR OUR FIFTH ANNUAL CENTENARIAN DAY CELEBRATION SUNDAY, MAY 1st, 2:00 p.m. COOK PARK, TIGARD Trees will be planted to honor our new Centenarians: MAUDE BRAINERD CLARA GRAHAM DOROTHY V. DONALL JESSIE PETERS We will also have a rededication to our previous honorees: Nell Price Helen Watkins Nancy Harris Lulu Omsted Florence Brownett Ethel Young Anna Balsiger Elza. Finley Iva Dalton A punch and cookie reception will follow. Merrily Haas 692-1593 20887 SW Willapa Way Tualatin, Oregon 97062 t r i { Wag C! F ITA WASHINGTON COUNTY,OREGON April 28, 1983 Fredrick C. Cooper, P.E. Cooper Consultants, Inc. 11675 S.W. 66th Avenue Portland, OR 97223 RE: S.W. 68th Avenue Sewer LID letter to Mayor & Council dated 4-19-83. Dear Mr. Cooper: The sanitary sewer local improvement district to serve your property is scheduled to be before the Tigard City Council in the form of a preliminary engineers report on May 23, 1983. We would anticipate this meeting to result in a resolution of intent setting a public hearing date for June 13, 1983, t a bid opening date in July and construction in July and August. The different stages of the N. Tigard - S. Tigard Interstate 5 project are flexible and may not be completed for up to 2 - 2} years. A preconstruction conference for the state project is set for May 2, 1983. Our tentative plans show a lateral in Baylor Street, but please be assured that it is our intent to provide direct access to a public sewer to all bene- fitted properties. I appreciate your offer for assistance and will call upon you if necessary. Very truly yours, cI Frank A. Currie, P.E. Director of Public Works FAC/dc f l 12755 S.W. ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 COOPER C®9® SUL.TANT'S 9 INC. ENGINEERING I ARCHITECTURE I CONSTRUCTION SERVICES 11675 S.W.66th AVENUE• PORTLAND.OREGON 97223• (503)639.4972 70102 April 19, 1983 Mayor and City Council City of Tigard 12755 S.W. Ash Tigard, Oregon 97223 Re: S.W. 68th Sewer LID Honorable Mayor and City Council : Our company is anticipating breakir.- ground on a $500,000 office build- ing expansion in May of this year. I am very concerned that the sanitary sewer LID is not proceeding and that we will not have it available late this fall . While not a large business, we do represent a 50 person payroll in the City of Tigard. This project is vital to our business and its growth. It is also imperative that the sanitary sewer be constructed before Stage II of the N. Tigard - S. Tigard Interstate 5 project currently being awarded by ODOT. As a part of the actual sanitary sewer project, I would hope the city is including laterals such as one in S.W. Baylor which actually provides access to the benefited properties participating in the LID. I offer you my fullest cooperation and am available to assist your staff in coordinating the project with ODOT or by informing other property owners. Respectfully submitted, COOPER CONSULTANTS, INC. C. Fredrick C. Cooper, P.E. President FCC/blg cc: Frank Currie/Dept. of Public Works M E M O R A N D U M i f I TO: MAYOR AND CITY COUNCIL FROM: BOB JEAN, CITY ADMINISTRATOR DATE: APRIL 28, 1983 a SUBJECT: ALTERNATIVE URBAN SERVICES CONFERENCE 3 4 Attached is a copy of the upcoming Annual Metro Conference on Urban Services. It looks to be a stimulating and possibly cost-saving conference. Please let our Executive Secretary, Dori Rickert, know by May 12, 1983, if you can attend Tuesday evening, Wednesday day, or both. RWJ : dkr CC : Bill Monahan, Director of Planning and Development Joy Martin, Administrative Assistant a SEMEN a CONFERENCE ALTERNATIVE WAYS CONFERENCE REGISTRATION To PROVIDE AND PAY SCHEDULE FOR URBAN SERVICES FORM MAY 17.18,1983 General Session Technical Workshops May 17,1983 May 18,1983 Hilton Hotel-Pavilion Room Metropolitan Service District May 1718,1983 Government can no longer afford to be the Hil S.W.6th Avenue,Portland 527 S.W.liall street,Portland Pre Register by May 13 sole provider ofurban services.Case studies around the country demonstrate that 5:30.6:30 p.m. Registration and No-host Bar 8:00-8:45 a.m. Registration/Coffee Mail to: nonprofit organizations,neighborhood 6:30-7:30 p.m. DINNER 8:45-9:00 a,m. "Framing the Issue and Mel Huie.Metro Opening Remarks" 527 S.W.Hall,Street, associations,businesses and volunteers 7:30-7:40 p.m. "Framing the Issue and Rick Gust(l6on,Executive Officer can successfully provide public services. Opening Remarks" Metropolitan Service District Portland,OR 97201 Make Checks Payable to Metro Imposing user fees and establishing special Cindy Ranzeis are other options. r,Presiding Officer 9,00.10:(IO a.m. "Strategic Planning for Metropolitan Service District assessment districEconomic Development" RegisteY me for: 7:40-8:30 p.m. "Impacts of the Future on pan tlalachuk,Jr.,Principal and Local Government" Assistant Director GENERAL SESSION Ne need to face the mounting fiscal and Michael-benison,Naisbitt Group,authors of Government Industry Group May 17,5:30-9:30 p.m. political constraints on governments ilegalrends Arthur Young&Co. Hilton Hotel ability to provide services.Conference 8:30.9:30 p.m. Panel Discussion:"Providing Washington,D.C.Office Cost$20.00(Includes Dinner) speakers,facilitators and participants will Urban Services in the Strategic Planning helps executives focus on key Free Parking at discuss future service delivery capabilities Portland Metropolitan Area" issues and allocate scarce financial resources Hilton Hotel Garagemichael Annison,Naisbitt Group among competing interests.Thinking strate- [❑ TECHNICAL WORKSHOPS of local governments,strategic planning Joyce Cohen,State Senator gically about economic development problems for economic development,private provi- Chair,Commerce,Banking and Public and opportunities and seeing how this could May 18,8:00 a.m.-6:00 p.m. Metro Office sion ofpublic services,contracting out, Finance Committee influence choices is an important connection. and private rinancing ofpublic works Bob Frasca,Partner The objective of this session is to share a different Cost$10.00Zimmer.Gunsul,Frasca Partnership way of reconciling development and community including creatine capital financing of Rick Gustafson,Executive Officer stnvice goals in a period of scarce resources and Name roads,sewers and public buildings. Metropolitan Service District fundamental economic change. Roy Rogers,Mayor City of Tualatin 10:00 a.m.-Noon Small Group Discussions Title — For more information call,Alel Huie or Small discussion groups led by facilitators Phillip Fell(503)221-1646. will examine the local economic situation. Organization_ The discussion will address the economic base and its trends,our critical strengths and weak- nesses,and action plans we can consider. ----- Address — — Noon-1:30 p.m. LUNCH ON YOUR OWN City _ State (continued on next page( Zip Phone — - ---- r 1983 ANNUAL CONFERENCE METRO CONFERENCE x s SCHE®ISLEIx (cant.) ALTERNATIVE x WAYS TO PROVIDE AND PAY FOR 1:30-3:00 p.m. "Private Provision of Public 3:15-4:45p.m. "Private Financing of URBAN Services and Contracting Out" SERVICES Larry Seigel,Principal and C.P.A, T.Craig/cult,Manager Arthur Young&Co. Arthur Young&Co. Orange County,California Office Salt Lake City Office Patti Jacobsen,Director Les Buell,President Office of Neighborhood Associations Hayden Corporation City of Portland Burke Raymond,Sewer Development Manager Featuring Michael Annison, Bill ll'yatt,Executive Director Multnomah County Vice NNesident of the Association for Portland Progress Private Financing of Public Works may become a Naisbitt Croup, authors of Contracting Out is an alternative service delivery key policy option for meeting infrastructure concept where specific activities are performed by needs.This form of"privatization"has already Megatrends the private or nonprofit sectors or by another been demonstrated as a way to achieve lower user unit of government.Productivity can be increased fees through construction savings and sharing of by getting equivalent or better service for com- tax advantages.There are several ways to package 7Uesday.May 17,1983,5:30-9:30 p.m. ursued to save these investments,each with relative advantages Portland Hilton Hotel parable or less cost.Whether it is p money or to expand the sense of community and and disadvantages.But,the concept should not be overlooked as scarce capital budgets are Y Wednesday,May 18,1983,8:00 a.m.-6:00 p.m. self-help,the accountable officials should knowMetropolitan the risks and how to structure the contracting measured against backlogged public works needs. 527 y AiService y Hall Streetoutland,Oregon process to minimize problems. 4:45-5:00 p.m. "Conference Wrap-Up and Pulling it All'fogether" 1 3 a 3:00.3:15 p.m. BREAK Corky Kirkpatrick,Councilor A 9 Metropolitan Service District Dan,tlalachuk,Jr. > Arthur Young&Co. qq W L 4 5:00-6:00p.m. Reception Z a`t e J G'=i 2. 0 a&O c m oioi V L h r Ol Z. % `METROPOi.irAN SERVICE DISTRICT 00 Sponsored by Metro's Local COVfrn7elt Program vnmidingzoo,Gansportahan,Solid Waste and r�u1,71', other Rrwnal Semice, a`( ilkSpecial thanks it)Arthur Yount;A Co.fur its support of ME-M ,,,`5.{,'11,111 St.,t'„Iaall.f,OR 97201-501'221 IND the Conference. April 28, 1983 TO: Tom Brian, Councilman FROM: Frank Currie, Director of Public Works �1/ SUBJECT: 4/18/83 Request for Action 1. RESURFACING 72nd STREET IN TRIANGLE ? ? Washington County is preparing an agreement between the City of Tualatin, the City of Tigard and the County which will result in S.W. 72nd being patched and overlayed in its entirety between S.W. Villa Ridge Road and Highway 217. Our responsi- bility will be to accept the road for maintenance once it is overlayed. 2. "NOT A THROUGH STREET" SIGN ON VARNS ? ? The "Not a Through Street" or as we wr-ald post "Local Traffic Only" is in the making. No specific date! 3. DWD'S DEED ON THE LAND SWAP ? ? We had some additional concerns about the access to some pro- perties in the rear of the Randall property and had asked for some additional title information from the title company. The percieved problems did not exist and the documents are on t _ their way to the county for recording. DWD has been so noti- fied. CC: Jerry McNurlin re: sign on Varns Street. o®n�n t MEMORANDUM May 2, 1983 TO: City Administrator FROM: Chief of Police SUBJECT: Citizen Complaints via Mayor Bishop RE: #1. Truck Parking in Residential Area X62. Advertising Vehicles for Sale on Public Property #3. Citizen Complaint Regarding the Conduct of a Theft Case Investigation Sir: The above complaints have been followed up, and for the most part resolved at this time. 1. The driver of the large truck that was being parked overnight in the residential area was contacted and advised of the Ordinance prohibiting parking of such vehicles in neighborhoods. He is now parking it else- where, and is not in conflict with city ordinance. 2. The problem of citizens parking for sale vehicles on public property is an ongoing one. We, as a matter of routine, post the vehicles and notify the owner to move the vehicle; and that it is contrary to law to advertise them for sale on a public street. We will continue to monitor and take appropriate action on these matters. 3. In regard to the Theft Case #83-0955, it is under investigation at this time. The license plate on the vehicle used by two black male suspects comes back to an older female person. The investigating officer is attempting to locate the -)ersons who may have had access to the vehicle, or if it was sold and nQt re-registered. The leads in this case are being pursued as best as time will allow at this time. It is not ui:common for the criminal to buy a used car from a private party they intend to use for some type of criminal activity, and not register it, whereby it cannot be readily traced to the suspect(s) . The victim in this case is not satisfied with the speed or progress at this point in time. Please be assured that the department will proceed with the case as rapidly as possible. Respectfully, R.B. Adams Chief of Police cc: Bill Monahan