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2006-039845 ~ Frewing Street ~ Pacific Park Plaza Washington County,Oregon t -j '06!2006 10:57:19 AM 2006-039845 AC Cnt=1 Stn=4 K BARNETT 2 LP' ;)A00$0.00$11.00$100.00-Total=$142.00 009328742006 3984500500 t I,Jerry Hanson,Director of Assessment and Taxation and Ex-Offlclo County Clerk for Washington County, ®� Oregon,do hereby certify that the within Instrument of writing was received and recorded In the book of records of said county. Jerry R.Hanson,Dlrector saes1ement and Taxation, Ex-offlclo County Clerk IIVi�I After Recording, Return to: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Name of Transaction: VACATION Ordinance No.,05-03: An Ordinance concerning the Vacation of a public sewer-utility easement of approximately 1,248 square feet located at SW'Frewing Street at SW Pacific_ Highway, in-the City of Tigard, Washington County, Oregon (VAC2004-00002) CITY OF TIGARD, OREGON ORDINANCE NO. 05-03 AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY EASEMENT OF APPROXIMATELY 1,248 SQUARE FEET LOCATED AT SW FRE WING STREET AT SW PACIFIC HIGHWAY, IN THE CITY OF TIGARD, WAS139NGTON COUNTY,OREGON(VAC2004-00002). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on January 11"', 2005, and has been recommended by the Community Development Department; and WHEREAS, the approximate 1,248 square foot public sewer easement had previously been granted to the public;and WHEREAS,the applicant has requested that the City of Tigard vacate this public sewer easement as described in Exhibit A and shown in Exhibit B located on property better known as 9965 SW Frewing; and WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the public health, safety or welfare,in consideration of realigned easement and reconstructed sewer line using modern materials;and WHEREAS, all affected.service providers, including utility companies and emergency service providers, have been given the opportunity to review the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as described by ORS 271.080;and WHEREAS,in accordance with Tigard Municipal Code 15.08.120,notice of the public hearing was posted in the area to be vacated and published in the newspaper; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on February 8, 2005, finds that it is in the public interest to approve the request to vacate said public sewer easement as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the vacation of said public sewer easement is necessary to construct the approved improvements on the subject site. NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 1,248 square foot portion of public right-of-way as shown and described in the attached Exhibits "A" and "B" (legal descriptions and maps of the areas to be vacated), and by this reference,made part thereof. PASSED: ByUlltM."IMW vote of all Council members present after being read by number and title only,this �' day of --¢bt' g-r ,2005. ORDINANCE NO.05-�3 _ Page 1 of 2 Attarhment 1-VAC2004-00002 Ord 1 • r UQ City Recorder—City of Tigard / APPROVED: By Tigard City Council this day of. ,2005. Craig Dftsen,Mayor Approved as to form: C Attorney Date Certified to be a true copy of the Original on file at;City of ,� ., Tioat City Hall. Bj City Iiecorcler, City of7igard � � dte, ORDINANCE NO.05- 03 Page 2 of 2 Attaclunent 1-VAC2004-00002.Ord I EXHIBIT A LEGAL DESCRIPTION VACATE SANITARY SEWER.EASEMENT MASSIH PROPERTY The following described real property situated in the State of Oregon, County of Washington, City of Tigard being a portion.of Lot 21,Frewing Orchard Tracts,situated in the Northwest quarter of Section 21,Township 2 South,Range 1 West of the Willamette Meridian; An easement for sanitary sewer, 10.00 feet in width,the center of which is described as follows; Beginning at a 5/8"iron bar marked"O.D.O.T"in the centerline of Pacific Mghway and running thence North 451 39'01"East along said centerline a distance of 205-24 feet to it's intersection with the centerline of S.W. Frewing Street;Thence South 53" 16'00"East along said centerline a distance of 153.94 feet;Thence North 45°48100"East a distance of 20.25 feet to the true point of beginning of the tract herein described;Thence North 45'48'00" East,a distance of 124.84 feet to the end of this easement. IJE ISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 16,7957 THOMAS P.S'WAR-' 2812 EXHIBIT 8 VACATED SANITARY SEWER EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: I"=40' cj TL 2900 0 50 FF-200.0 p UPPER STORY \ / 2984 SF \ 10, TL 2800 TL 3200 lS rEME .` T1 E: ROFFSSiONAL P RVEYOR. N45°48'00E L SvAND \20.25' 1 �4 OREGON duty 16,1987 As�,SwA11% Welkin Engineering, P.C. PLANNERS,CIVIL ENGINEERS,AND SURVEYORS ' 8DDD S.W.PFAFFLE STREET;PORTLAND,OREGON 972M f PHONE("598-1866 FAX(503)599-]668 1 s 6. PUBLIC WORKS DEPARTMENT: MISSION/VALUES EXERCISE RESULTS Public Works Director Koellermeier presented the staff report on this agenda item. An outline of the highlights of Public Works Director Koellermeier's presentation to the Council is on file in the City Recorder's office. Mr. Koellermeier reviewed the Mission Values/Exercise Results started in the summer of 2004. The results of these group discussions are a new Mission Statement, slogan, and a set of core values for the public works department: Mission Statement: 'The Public Works Department proudly provides stewardship over the City's water, sanitary sewer, storm drainage, streets, fleet, buildings, and parks services in a safe, efficient, courteous and professional manner." Slogan: "Taking Care of the Community" Core Values: Professionalism Respect Integrity Dedication Enthusiasm Council members agreed that this was a good effort by the Public Works Department 7. PUBLIC HEARING (QUASI-JUDICIAL) — PUBLIC SEWER EASEMENT VACATIONS (VAC 200400002) SW FREWING STREET AT SW PACIFIC HIGHWAY AND SW PFAFFLE STREET AT SW 79TH AVENUE Mayor Dirksen opened the public hearing. Community Development Director Hendryx introduced this agenda item. Associate Planner Tracy presented the staff report, which outlined the application to initiate two separate public utility easement vacations. There were no declarations or challenges. No one signed in on the testimony sign-in sheets to testify. City Attorney Ramis asked the public in attendance if anyone was present to testify on this item. Hearing no response, City Attorney Ramis advised the Council could proceed with the hearing without a detailed reading of the hearing process for a quasi-judicial hearing. Mayor Dirksen closed the public hearing. Tigard City Council Minutes Page 9 February 8, 2005 Council Consideration: Motion by Councilor Woodruff, seconded by Councilor Sherwood, to adopt Ordinance No. 05-03, ORDINANCE NO. 05-03 — AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY EASEMENT OF APPROXIMATELY 1,248 SQUARE FEET LOCATED AT SW FREWiNG STREET AT SW PACIFIC HIGHWAY, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2004-00002). The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Harding: Yes Councilor Sherwood: Yes Councilor. ilson: Yes Councilor Woodruff. Yes Motion by Councilor Wilson, seconded by Councilor Harding, to adopt Ordinance No. 05-04. ORDINANCE NO. 05-04 — AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY EASEMENT OF APPROXIMATELY 475 SQUARE FEET LOCATED AT SW PFAFFLE STREET AT SW 79TH AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2004-00002). The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Harding: Yes Councilor Sherwood: Yes Councilor Wilson: Yes Councilor Woodruff: Yes 8. PUBLIC HEARING (QUASI-JUDICIAL)ASH CREEK ESTATES— LAND USE BOARD OF APPEALS (LUBA) REMAND-SUBDIVISION (SUB) 2003-00010/PLANNED DEVELOPMENT REVIEW (PDR) 2003-00004/ ZONE CHANGE (ZON) 2003-00003/SENSITIVE LANDS REVIEW (SLR) 2003-000051ADJUSTMENT(VAR) 2003-000361ADJUSTMENT (VAR) 2003-00037 Mayor Dirksen read the following: Tigard City Council Minutes Page 10 February 8, 2005 CITY OF TIGARD,OREGON ORDINANCE NO.05-03 AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY EASEMENT Or, APPROXIMATELY 1,248 SQUARE FEET LOCATED AT SW FRE WING STREET AT SW PACIFIC HIGHWAY, IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON(VAC2004-00002). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on January 11"', 2005, and has been recommended by the Community Development Department; and WHEREAS,the approximate 1,248 square foot public sewer easement had previously been granted to the public;and WHEREAS,the applicant has requested that the City of Tigard vacate this public sewer easement as described in Exhibit A and shown in Exhibit B located on property better known as 9965 SW Frewing;and WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the public health, safety or welfare,in consideration of realigned easement and reconstructed sewer line using modem materials;and WHEREAS, all affected service providers, including utility companies and emergency service providers, have been given the opportunity to review the vacation proposal and have provided no objections;and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as described by ORS 271.080;and WHEREAS,in accordance with Tigard Municipal Code 15.08.120,notice of the public hearing was posted in the area to be vacated and published in the newspaper, and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on February 8, 2005, finds that it is in the public interest to approve the request to vacate said public sewer easement as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the vacation of said public sewer easement is necessary to construct the approved improvements on the subject site_ NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 1,248 square foot portion of public right-of-way as shown and described in the attached Exhibits "A" and "B" (legal descriptions and maps of the areas to be vacated), and by this reference,made part thereof. PASSED: By UIWIMMS vote of all Council members present after being read by number and title only,this ftl' day of RbAitorq, '2005. ORDINANCE NO.05-P3 Page 1 of 2 A#wJmwnt 1-VAC2004-00002 Ord I City Recorder—City of Tigard APPROVED: By Tigard City Council this day of —':k AA_ 2005. Craig D15ksen,Mayor Approved as to form: C A6mey Date ORDINANCE NO.05- 03 Page 2 of 2 Auacbmm t 1-vAC2004-00002 Ord 2 EXHIBIT A LEGAL DESCRIPT10N VACATE SANITARY SEWER BASEMENT MASSIH PROPERTY The following desodbed real property situated in the State of Oregon, County of Washington, City of Tigard being a portion of Lot 21,Frewing Orchard Tracts,situated in the Northwest quarter of Section 21,Township 2 South,Range I West of the Willamette Meridian, . An easement for sanitary sewer, 10.00 feet in width,the center of which is described as follows; Beginning at a 5/8"iron bar marked"O.D.0.7"in the centerline of Pacific Mghway and running thence North 450 391 01"East along said centerline a distance of 205.24 feet to it's intersection with.the centerline of S.W. Frewing Street;Thence South 53' 16'00"East along said centerline a distance of 153.94 feet;Thence North 45*48100"East a distance of 20.25 feet to the true point of beginning of the tract herein described;Thence North 45*48'00"East,a distance of 124.84 feet to the end of this easement. -REGiSTERE5 PROFtSSIONAL "E ROF1 LAND SURVEYOR OREGON JULY 16,imi THOMAS HOMAS P."ART 2312 i EXHIBIT B VACATED SANITARY SEINER EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWI NG STREET SCALE: I"=40' TL 290D 0 50 F6897 SF F-200.0 q UPPER STORY 1 2984 SF 10' / ��. TL 2800 1 TL 3200 A, • PRa ss �EYOR N45`48' 0"E yx ' �� • �,ANp > Op,EGOh1 ,JULY 16' O� ; Welkin Engineering, AS P. 1 PLANNBR$CIVIL ENGINEERS,AND SMYEYORS MW S.W.PFAFR E 9FREEI;PORTLAND,OREGON 97223 f PHONL•ON 598-1866 FAX 18Q3159mem AFFIDAVIT OF POSTING NOTICE City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 In the Matter of the Proposed Vacation of: Land Use File No.: VAC2004-00002 Land Use File Name: FREWING A- PACIFIC HIGHWAY SEWER EASEMENT VACATION & PFAFFLE (cD-78TH AVENUE SEWER EASEMENT VACATION 1, Morgan Tracy, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard, Washington County, Oregon and that I personally posted notice of Public Hearing on the proposed Vacation by means of weatherproof posting in two (2) conspicuous places at or near each end of the proposed vacation area, a copy of said notice being hereto attached and by reference made a part hereof, on theZ� '�`day of 2005. Signature of Person Who Performed Posting (In the presence of the Notary) ST 2E OAF O ECO-W ) County o��Washhington )ss. Cita'of hard ) Subscribed and sworn/affirmed before me on the day of , 20 NOTARY PUBLIC OF OREGON My Commission Expires: NOTICE OF SEWER EASEMENT VACATION AND PUBLIC HEARING The following will be considered by the Tigard City Council on Tuesday February 8, 2005 at 7:30 PM at the Tigard Civic Center - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon. Both public oral and written testimony is invited. FREWING @ PACIFIC HIGHWAY SEWER EASEMENT VACATION & PFAFFLE @ 78TH AVENUE SEWER EASEMENT VACATION VACATION (VAC) 2004-00002 The public hearingon this matter is to consider the proposed vacation involving an ap roximate 1 ,248 square foot publisewer easement, and an approximate 476 square foot potion ofpa public sewer eas ment. The applicants have proposed to either relocate or, reconstruct the sewer lines in conformance with current city engineering standards. These vacations are necessary to implement prior development approvals. Locations: 9965 SW Frewing� Street (Massih-1 ,248 sq. ft. portion); WCTM 2S102CB, Tax Lot 3200, and 7825 SW Pfaffle Street (Martindale-476 sq. ft. portion); WCTM 1 S136CA, Tax Lot 5400. The request was filed with the City on October 25, 2004 and initiated by the City Council at the request of theagglicant on Janua 1 , 2005. AfinS interested person ma a pear and be heard for or again tthen, prsed vacation of said FrewinqqPacific Hip way Sew�r Epasement Vacation and Pfal�le 78 Avenue S wer EaWon ent Vacation. written c�bjecfions or remonstrances shall be filed with th City Recorder Dy 7:30 February 8, 205. Further information ma be obtained from the Planning Division (staff contact: Mor n Trac ) at 13125 SW Hall Boulvard, igard, Oregon 97223, by callin 503-639-417 to morgan(a-ci.tigard.or.us. COMMUNITY NEWSPAPEE5 CITY OF TIGARD 1325 SMCustep Ofive,PefflapKUK0O8wPOWm0U°BemeMu,OR 97015 ����4-0300Far 503-82&343: OREGON Email:legiludvokxkN@:ommmsUopum.mm 1� CITY OF TIGA"PUBLIC HEMUNG ITEM: AFFIDAVIT OF PUBLICATION NOTICE OF EASENIEN It VACA1-1uN&PUBLIC HEARING State oyOregon, County ofWashington, SSVACATION(VAQ 2004-00002 N& ME VACATION& E;>-4FREV=VING(§PACIFIC HIGIfWAY SEIWER EASE7NT 7 < pFAFFLE ra),79TH AVENUE SEWER EASEMENT VACATION< |. Charlotte Allsop, being the first duly sworn, The Tigard City Council will hold a public hearinJZ on MtiaflU depose and say that| annthe Accounting r a t I at the Tigard City Hall, Town Hall Manager of The 77n/es(serving Tigard, Room, 13125 SW Hall Boulevard,T^e~~`Oregon 97223 248 foot Tualatin & Sherwood), a newspaper �� proposed �mcuboo oummog anapproximate ^, ~,~-'~ --- `- ^ general circulation, published atBeaverton, in """"° "°~,^ easement, unapproximate*/6square foot portion mfupublic sewer eu«onent' the aforesaid county and state, as defined by /ur '' cd to either relocate or the [RS 193.010 and 193.020. that sewer lines in conformance with current city standards. nt These vuoot6mms are necessary to uwp^�^==` prior ~.,...r'-_- CityofTigand- NotioeofEaoernontVacadon approvals. was f�:dwith�e��dyuuO�o6or%5.2QO4and b�iu�d & Pub|icHearingVaoutiun2OO4-UUO02 The request e applicant on ]aooa�' l\ p�wing@� Highway vx u= ~^y �~~~^~^^ at the `'� and bebuuzd�«nrogabz� Pacific interested appear p��e����~�veouoSewe,saoemen�Vacadon �»v, u/� CN| TT1O510 m� proposed vacation ~^ said '''win�Y� 8 @ Pacific - �om�no�o� ay Sewer -- ^�^ �b�m�ou /� �faffle �� '9 /heono cmv� Easement written ec6nuo nemmumunooeom6�}6c��dvvbb a copy of which is hereto annexed, wasVacation. -~ the City Recorder~' published in the entire issue of said ruru�^ ^"^°""�~~� ^~` ho wh�uu� from tue rouunyy Division m1 l3l�� 8�y ��uD }�ou�vuo�, newspaper for Tigard, Oregon 97223, by calling 503'639-4171, or by email to 2 20,27.20O successive and consecutive weeks inthe following issues January 20, 2005 January 37. 2D05 C tvr[0* Charlotte Allsop (Accounting Manager) Subscribed and sworn hobefore rnnthis January 27, 2005 OFFICIAL SEAL ROBIN A BURGESS NOTARY RUBLIC-OREGON COMMISSION NO.3445N IMMISSION EXPRES MAY 16,2005 My commission expires Aout# 10093001 City nfTigard Attn: Accounts Payable 13125SVVHall Blvd. Tigard, {)R07223 Sizezk� Amount Due$ C `remit waddress above CITY OF TIG ARD Public Sewer Easement Vac ➢SW Frewing Street at SW Pacific Highwa ➢ SW Pfaffle at SW 79th Avenue Topi Council is considering vaca (i.e. extinguishing) two separa public sewer easements. SW Frewing at S acific Highway • Public sewer easement is 1 ,248 squ ifeeet. • Recent land use approval was granted tract a 9,881 square foot office building. • Current easement is located in the middle o development site. • Applicant proposes a relocated easement and w reconstruct sewer as part of developing the property. 3 icinity Map Existing Sewer ', Easement �ite Plan TL aCC �Af ~�'�'�414i 1 ♦. TL 32UU RE ~u. ' `✓ � r.• c �i:.J'r�,� 'd.:j'�1i=BGG"E 4T t i sPC'C s , . . r: a` pail �•�� at,nrty.rr'I 5 SW Pfaffle at 79t" Avenue • Public sewer easement is 1 ,429 squ feet. • Lot was recently partitioned into two 1 • Existing 15 foot wide easement is 5 feet than City requires. • Applicant proposes to vacate 5 feet of the 15 wide easement, 476 square feet total. • Applicant will construct new sewer line with development. 6 Vicini W 0 Existing Serer' Easement coT 7 Site ,an k— ' FRIENDLY A REQ ' 4 RUE POINT OF ."'. f3ECINNING Lir tTc u.�.A -C+rACf1a MAY 1973 K 921 PO, 54 C=fx` (31 S'€ASFMFNT TC z BE YACMD +fir v S.W. PFAFFLE STREET (Co. Fit. wa 9Y5) Q Staff Re-,-�"endation • It is recommended that Council app e both Public Easement Vacations by adoptin proposed Ordinances. Greeter: Dennis Koellermeier �TI�AR 1C1T�� �k x16 r FES � 4' CITY OF TIGARD s OREGON a f 1 - � � PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - FEBRUARY 8, 2005 page 1 AGENDA TIGARD CITY COUNCIL MEETING FEBRUARY 8, 2005 - 6:30 PM 6:30 PM • STUDY SESSION > UPDATE ON COMMUTER RAIL URBAN RENEWAL FEASIBILITY STUDY ■ Community Development Director Hendryx > CITY COUNCIL ORIENTATION N City Attorney • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss employment of a public officer, real property transaction, pending litigation, and to review ex evaluate the employment-related performance of the chief executive officer under ORS 192.660(2)(a)(e)(h) & (i). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance: Flag Ceremony — Cub Scout Pack 232 1.4 Council Communications ex Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2, CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Nikki Pham • Tigard Area Chamber of Commerce Dan Murphy • Follow-up to Previous Citizen Communication COUNCIL AGENDA — FEBRUARY 8, 2005 page 2 7:40 PM 3. 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 by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for January 11, 2005 3.2 Receive and File: a. Council Calendar b. Tentative Agenda C. 5t' Tuesday — Council Meeting Notes for November 30, 2004 3.3 Authorize Submittal of the City of Tigard's Third-Year Title 7 Functional Plan Compliance Report — Resolution No. 05- 3.4 Local Contract Review Board: a. Award Contract for the Construction of FY 2004-05 Storm Drainage Major Maintenance Program b. Authorize the Purchase of New Police Portable Radios Using a State of Oregon Price Agreement 3.5 Reappoint Bob Rohif to the Washington County Consolidated Communications Agency Budget Committee — Resolution No. 05- • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. ADOPT 2005 COUNCIL GOALS ■ Summary: Mayor Craig Dirksen 7:S5 PM 5. RECOGNITION OF CENTREX ■ Staff Summary: Risk Manager Loreen Mills 8:00 PM 6. PUBLIC HEARING (QUASI-JUDICIAL) — PUBLIC SEWER EASEMENT VACATIONS (VAC 2004-00002) SW FREWING STREET AT SW PACIFIC HIGHWAY AND SW PFAFFLE STREET AT SW 79TH AVENUE The applicants have proposed to either relocate or reconstruct the sewer lines in conformance with current city engineering standards. These vacations are necessary to implement prior development approvals. COUNCIL AGENDA — FEBRUARY 8, 2005 page 3 The request was filed with the City on October 25, 2004 and initiated by the City Council at the request of the applicant on January 11, 2005. Any interested person may appear and be heard for or against the proposed vacation of said Frewing @ Pacific Highway Sewer Easement Vacation U Pfaffle @ 79' Avenue Sewer Easement Vacation. Any written objections or remonstrances shall be filed with the City Recorder by 7:30 PM on February 8, 2005. a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony Proponents Opponents Rebuttal e. Staff Recommendation f. Council Questions 9. Close Public Hearing h. Council Consideration: Ordinance No. 05--and Ordinance No. 05-- 8:15 PM 7. PUBLIC WORKS DEPARTMENT: MISSION/VALUES EXERCISE RESULTS • Staff Summary: Dennis Koellermeler, Public Works Director 8:25 PM 8. PUBLIC HEARING (QUASI-JUDICIAL) ASH CREEK ESTATES — LAND USE BOARD OF APPEALS (LUBA) REMAND - SUBDIVISION (SUB) 2003- 00010/PLANNED DEVELOPMENT REVIEW (PDR) 2003-00004/ ZONE CHANGE (ZON) 2003-00003/SENSITIVE LANDS REVIEW (SLR) 2003- 00005/ADJUSTMENT (VAR) 2003-00036/ADJUSTMENT (VAR) 2003- 00037 ITEM ON REMAND: The State Land Use Board of Appeals (LUBA) has remanded City Council's approval of a 29-lot Planned Development Subdivision on 9.3 acres and associated Zone Change, Sensitive Lands, and Adjustment reviews for additional findings to support their decision. This hearing is limited to the four specific assignments of error which are generally: I ) The City's acceptance of lower "K-' values in relation to the proposed vertical sag on SW 74' and demonstration that the City Engineer is authorized to approve such deviations to adopted street standards; 2) The requirement that the applicant prepare and submit a tree plan that identifies the size, species, and location of trees on the site, provide a removal plan, protection plan, and mitigation program in accordance with Tigard Community Development Code (TCDC) Chapter 18.790; 3) Revised findings are required for the proposed curb tight sidewalks on SW 74th COUNCIL AGENDA — FEBRUARY 8, 2005 page 4 Avenue and also for the cul-de-sac standards to address the relevant criteria of TCDC Chapter 18.370.C.1 1; and 4) Additional findings related to the landscape protection criteria of TCDC Chapter 18.745.030.E. A full copy of LUBA's Final Opinion and Order can be obtained from City Hall at cost, or is also available online at http://luba.state.or.uslpdfl2004laugO4lO3l94.htm. LOCATION: 9750 SW 74`h Avenue; WCTM I S I 25DC, Tax Lots 300 and 400. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapters 18.370, 18.7451 18.790 and 18.810. a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony Proponents Opponents Rebuttal e. Staff Recommendation f. Council Questions 9- Close Public Hearing h. Council Consideration: Option would be to direct staff to prepare a final order to be considered by Council at the Council meeting of (date). 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss employment of a public officer, real property transaction, pending litigation, and to review at evaluate the employment-related performance of the chief executive officer under ORS 192.660(2)(a)(e)(h) 8E (1). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:00 PM 12. ADJOURNMENT i:XadmXcathy1cca0005%050208.dm COUNCIL AGENDA — FEBRUARY 8, 2005 page 5 AGENDA ITEM# FOR AGENDA OF February 8,2005 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: SW Frewing Street at SW Pacific Highway and SW Pfaffle at SW 79th Avenuepublic sewer easement vacations. (VAC2004-00002). PREPARED BY: Morgan Tracy- ze DEPT HEAD 0 CITY MGR OK ISSUES BEFORE THE COUNCIL Should the City Council vacate an approximate 1,248 square foot public sewer easement located at SW Frewing and SW Pacific Highway? Should the City Council vacate an approximate 476 square foot portion of a 1,429 square foot public sewer easement located at SW Pfaffle and SW 79h Avenue. STAFF RECOMMENDATION It is recommended that the City Council approve the two requested easement vacations. INFORMATION SUMMARY In the City vacation process there are two ways of initiating the vacation of streets, easements and other public dedicated areas. An applicant may file a vacation petition with the City Council, which initiates a vacation by passing a Resolution to schedule a formal public hearing to consider such requests. The second option is for an applicant to file a petition with the Planning Commission requesting a vacation. The Council initiated the vacation proceedings on January I It", 2005. This application is a combined request to initiate two separate public utility easement vacations. The applicants have combined their requests to expedite the process in one combined package, and to share costs associated with the vacation process. The first easement (Massih) is on property located at the southeast comer of SW Frewing Street and SW Pacific Highway (see Attachment 3). The property was recently approved for commercial development (case file number SDR2004-00001). An existing sewer easement is located under the middle of the proposed new building. This easement serves the parcel to the north. The applicant has recorded a realigned sewer easement around the proposed building and will construct a new line in the new location as part of the development. The second easement (Martindale) is located at the northwest comer of SW Pfaffle Street and SW 79t" Avenue (see Attachment 3). The lot was recently partitioned (case file number MLP 2004-00003). The easement at this location was established as a 15-foot-wide sewer easement. Current City standards only require a 10-foot- wide easement for sewer service. The applicant has requested that a 5-foot-wide portion of the present 15-foot- wide sewer easement be vacated. The resulting 10-foot-wide easement will be adequate for City maintenance requirements, and furthermore, the applicant has proposed constructing the new sewer line with modem materials to minimize the need for future maintenance. If the Council approves the vacation requests, the approved developments may proceed, and properly aligned public sewer utility easements will be established. OTHER ALTERNATIVES CONSIDERED Deny one or both of the vacation requests. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment 1: Proposed Ordinance(Massih-Frewing at Pacific Highway) Resolution 05-01 Initiating the vacation proceedings Exhibit A: Legal Descriptions Exhibit B: Site Plan Attachment 2: Proposed Ordinance(Martindale-Pfaffle at 79th) Resolution 05-02 Initiating the vacation proceedings Exhibit C: Legal Descriptions Exhibit D: Site Plan Attachment 3: Vicinity Map FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees will be paid by the applicant from their deposit. CITY OF TIGARD, OREGON ORDINANCE NO. 05- AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY EASEMENT OF APPROXIMATELY 1,248 SQUARE FEET LOCATED AT SW FREWING STREET AT SW PACIFIC HIGHWAY, IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON(VAC2004-00002). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on January I I th, 2005, and has been recommended by the Community Development Department; and WHEREAS, the approximate 1,248 square foot public sewer easement had previously been granted to the public; and WHEREAS, the applicant has requested that the City of Tigard vacate this public sewer easement as described in Exhibit A and shown in Exhibit B located on property better known as 9965 SW Frewing; and WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the public health, safety or welfare, in consideration of realigned easement and reconstructed sewer line using modem materials; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have been given the opportunity to review the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as described by ORS,271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, notice of the public hearing was posted in the area to be vacated and published in the newspaper;and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on February 8, 2005, finds that it is in the public interest to approve the request to vacate said public sewer easement as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the vacation of said public sewer easement is necessary to construct the approved improvements on the subject site. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 1,248 square foot portion of public right-of-way as shown and described in the attached Exhibits "A" and "B" (legal descriptions and maps of the areas to be vacated), and by this reference,made part thereof PASSED: By vote of all Council members present after being read by number and title only,this_day of 12005. ORDINANCE NO.05- Page I of 2 Attachment 1-VAC2004-00002 Ord 1 City Recorder—City of Tigard APPROVED: By Tigard City Council this day of 52005. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE NO.05- Page 2 of 2 Attachment I-VAC2004-00002 Ord i CITY OF TIGARD, OREGON RESOLUTION NO.05- 0/ A RESOLUTION INITIATING VACATION PROCEEDINGS FOR A PUBLIC SEWER UTILITY EASEMENT OF APPROXIMATELY 1,248 SQUARE FEET LOCATED AT SW FREWING STREET @ SW PACIFIC HIGHWAY(VAC2004-00002). WHEREAS,the public sewer utility easement of approximately 1,248 square feet had previously been dedicated to the public;and WHEREAS,the applicant has requested that the City of Tigard initiate vacation proceedings to vacate the 1,248 square foot sewer utility easement in exchange for a relocated sewer easement and reconstructed sewer line, as described and shown in Exhibits"A"and"B"; and WHEREAS, the said sewer utility easement, or portions thereof are not necessary to advance the public health, safety or welfare, in consideration of realigned casement and reconstructed sewer line using modem materials; and WHEREAS, the Tigard City Council finds it appropriate to initiate vacation proceedings for the requested public utility easement NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 1,248 square foot sewer utility easement in exchange for a relocated sewer easement and reconstructed sewer line, as described and shown in Exhibits "All and "B" and by reference,made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on February 8, 2005 at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacation of said public utility easements. SECTION 4: This resolution is effective immediately upon passage. PASSED: This I day of 4(t �-' 2005. U Mayor--*of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.05- Page I EXHIBIT A LEGAL DESCRIPTION VACATE SANITARY SEWER EASEMENT MASSIH PROPERTY The following described real property situated in the State of Oregon,County of Washington, City of Tigard being a portion of Lot 21,Frewing Orchard Tracts,situated in the Northwest quarter of Section 21,Township 2 South,Range 1 West of the Willamette Meridian; An easement for sanitary sewer, 10.00 feet in width,the center of which is described as follows; Beginning at a 5/8"iron bar marked"O.D.O.T"in the centerline of Pacific Highway and running thence North 45'39'01"Bast along said centerline a distance of 205.24 feet to it's intersection with the centerline of S.W. Frewing Street; Thence South 530 161 00"East along said centerline a distance of 153.94 feet;Thence North 45'481 00"East a distance of 20.25 feet to the true point of beginning of the tract herein described;Thence North 451 481 00" East,a distance of 124.84 feet to the end of this easement. REGISTERED PROFESSIONAL ROFtSSIONAL LAN SURvEYOR OREGON JULY 16,1987 THOMAS P.SWART 2312 EXHIBIT B VACATED SANITARY SEWER EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: 1"=40' SWti\x f / f f f / TL 2900 0 50 6897 SF - / , f FF-200.0 f 4 / � ,OXp UPPER STORY` 2984 SF \ , q�, \ TL 2800 \ / '�,� \ f r` 0, TL 3200 REGtSTERE ` •\ PROS vt AL N45'483 VE LAND SDR 20.25' ` OREGd 987 -VHOMAsP;SwAa Welkin Engineering, P.C. 2312 PLANNERS,CIVIL ENGINEERS,AND SURVEYORS B90O S.W.PFAFFLE STREET,PORTLAND,OREGON 97229 PHONE MW8-18W M598-18WFAX(5431598-1868 NOTICE TO MORTGAGEE,LIENHOL VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY of TIGARD Community 1Devefopment SQpuWA BetterCommunity CITY OF TIGARD NOTICE OF EASEMENT VACATION & PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY FEBRUARY 8, 2005 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: VACATION (VAC) 2004-00002 FILE TITLE: FREWING @ PACIFIC HIGHWAY PUBLIC SEWER EASEMENT VACATION PETITIONER: MASSIH, LLC Kamelia Massih, Officer 13000 SW Pacific Highway Tigard, OR 97223 REQUEST: The petitioner is requesting that the City of Tigard City Council vacate an approximate 1,248 square foot public sewer easement in exchange for a relocated sewer easement and reconstructed sewer line. LOCATION: 9965 SW Frewing Street; WCTM 2S102CB, Tax Lot 3200. DATE REQUEST WAS FILED: October 25, 2004 THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON JANUARY 11, 2005 BY SETTING A FORMAL PUBLIC HEARING DATE OF FEBRUARY 8, 2005 (Resolution No. 05-01). ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC EASEMENT VACATIONS. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY FEBRUARY 8 2005 BY 7:30 PM. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. IF YOU WANT TO INSPECT THE FILE, PLEASE CALL AND MAKE AN APPOINTMENT WITH EITHER THE PROJECT PLANNER OR THE PLANNING TECHNICIANS. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION .- LEASE CONTACT THE CITY Rt�CORDER OR MORGAN TRACY, ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO MORGANA-CIIJIGARD.OR.US. CITY of TIGARD s� .a....PxtG tNaPeMeittlN aVf1EM VICIMMY MAP VAC2004-00002 REVVING @ PACIFIC HWY. SEWER EASEMENT VACATION 9965 SW Frewing Street (1,248 sq. ft. portion) Ga,>f � d . ST N 0 100 200 900 400 F 1 1'=3111 feet \� ^�` City of Tigard ��" - Ia/ormation on W,map is tar 1-1I-1.oery and should Ce venfied with 0e oevelopm H!Services 0-i 19125 SW Hall Rlvd Tga,OR 97223 (5031534.1171 mtp-.ftwww.ci.tgam..-f Community Development Plot date:Dec 13,2004,C:\magic\MAGIC03.APR CITY OF TIGARD,OREGON RESOLUTION NO. 05- 01 A RESOLUTION INITIATING VACATION PROCEEDINGS FOR A PUBLIC SEWER UTILITY EASEMENT OF APPROXIMATELY 1,248 SQUARE FEET LOCATED AT SW FREWING STREET @ SW PACIFIC HIGHWAY(VAC2004-00002). WHEREAS,the public sewer utility easement of approximately 1,248 square feet had previously been dedicated to the public; and WHEREAS, the applicant has requested that the City of Tigard initiate vacation proceedings to vacate the 1,248 square foot sewer utility easement in exchange for a relocated sewer easement and reconstructed sewer fine, as described and shown in Exhibits"A"and"B"; and WHEREAS,the said sewer utility easement or portions thereof, are not necessary to advance the public health, safety or welfare, in consideration of realigned easement and reconstructed sewer line using modem materials; and WHEREAS, the Tigard City Council finds it appropriate to initiate vacation proceedings for the requested public utility easement. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 1,248 square foot sewer utility easement in exchange for a relocated sewer easement and reconstructed sewer line, as described and shown in Exhibits "A" and "B" and by reference,made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on February 8, 2005 at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacation of said public utility easements. SECTION 4: This resolution is effective immediately upon passage. PASSED: This J f day of 2005 2u 7 1� Mayor- tv of Ti V gard ATTEST: e City Recorder- City of Tigard RESOLUTION NO.05- D1 Page 1 EXHIBIT A LEGAL DESCRIPTION VACATE SANITARY SEWER EASEMENT MASSIH PROPERTY The following described real property situated in the State of Oregon, County of Washington, City of Tigard being a portion of Lot 21,Frewing Orchard Tracts, situated in the Northwest quarter of Section 21,Township 2 South,Range 1 West of the Willamette Meridian; An easement for sanitary sewer, 10.00 feet in width,the center of which is described as follows; Beginning at a 5/8"iron bar marked"O.D.O.T"in the centerline of Pacific Highway and running thence North 45'39'01" East along said centerline a distance of 205.24 feet to it's intersection with the centerline of S.W. Frewing Street; Thence South 53' 16'00" East along said centerline a distance of 153.94 feet;Thence North 45'48'00"East a distance of 20.25 feet to the true point of beginning of the tract herein described;Thence North 451 48'00" East, a distance of 124.84 feet to the end of this easement. I Rf GSTERE5 PROFESSIONAL LAND SURVEYOR J- OREGON JULY 16,1981 THOMAS P.5'WAR7 2312 i EXHIBIT B VACATED SANITARY SEWER EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: 1"'=40' TL 2900 0 so /f 8897 SF ! r ♦ FF-200.0 ! / T o° r / ♦ti\ j �pX UPPERSTORY SF Y \ 10' / r ` \\♦ � r a� TL 2800 1 /• 13 76 TL 3200 ♦ ~� T EGisTERED \ �. S, TIE: pROFESONA�' � \ LAND SURVEYOR N45°48'00"E y� 20.25' pREGON JULY 16,1987 p2, Welkin Engineering, EeSDg C. -1KOM ' PLANNERS,CIVIL NGIINER ,ANSURV ORS B000 S.W.PFAFFLE STREET,PORTLAND,OREGON 97223 PHONE 15031598-1866 FAX(503)598-1868 I ATTACHMENT i Kamelia Massih,Officer MASSIH LLC P.O. Box 108 Beaverton, OR 97075 November 3, 2004 City of Tigard Please have the City Council initiate vacation proceedings for an existing sanitary sewer easement across the property at 13000 Pacific Highway, as shown and described on the attached pages. The properties at this address have been consolidated into a single property and we wish to construct a building across the existing easement. Accordingly, an alternate easement will be dedicated to replace the vacated easement, and a sewer will be constructed within the new easement. Th you, arris Hym PE LS for Kamelia ih, Officer MASSIH, LLC Sam Martindale City Council City of Tigard City Hall 13125 SW Hall Blvd Tigard,Or. 97223 re: Request to vacate a portion of sewer easement at Lot14,Frjendly acres,Pfaffle&79th in Tigard. Dear council members, We are planning to build a home on a lot created through a minor land partition, MLP2004-00003. The easterly 15' includes a sewer easement benefiting unified sewerage agency,recorded 1973.We are seeking a vacate of the easterly 5'of that easement to increase the footage available to construction. The 8"sewer line located within the easement will be replaced/upgraded to ductile iron or C900 pvc as approved by city of Tigard engineering. A map,easement exhibit,and discription of the parcel are attached. OCT-28-204 'FHU U2',34 FM CON'I"KUL CONTRACTORS FAX NO. bfl32381138 l', U1/U1 Sam Martindale To: Morgan Tracy Subject: FW: Easement vacation City of Tigard City Half 13125 SW Hall Blvd Tigard,Or. 97223 attn:Planning-Morgan Tracy re:Agreement to jointly participate in easement vacate. I Sam Martindale agree to jointly participate in application for public easement vacate. Participants are: Dr. Kamelia Massih Sam Martindale CITY OF TIGARD, OREGON RESOLUTION NO. 05- A RESOLUTION INITIATING VACATION PROCEEDINGS FOR A PUBLIC SEWER UTILITY EASEMENT OF APPROXIMATELY 1,248 SQUARE FEET LOCATED AT SW FREWING STREET @ SW PACIFIC HIGHWAY(VAC2004-00002). WHEREAS,the public sewer utility casement of approximately 1,248 square feet had previously been dedicated to the public; and WHEREAS, the applicant has requested that the City of Tigard initiate vacation proceedings to vacate the 1,248 square foot sewer utility easement in exchange for a relocated sewer easement and reconstructed sewer line, as described and shown in Exhibits"A"and"B"; and WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the public health, safety or welfare, in consideration of realigned easement and reconstructed sewer line using modem materials; and WHEREAS, the Tigard City Council finds it appropriate to initiate vacation proceedings for the requested public utility easement. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 1,248 square foot sewer utility easement in exchange for a relocated sewer easement and reconstructed sewer line, as described and shown in Exhibits "A" and "B" and by reference,made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on February 8, 2005 at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will bear any objections thereto and any interested person may appear and be heard for or against the proposed vacation of said public utility easements. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2005. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.05- Page 1 EXHIBIT A LEGAL DESCRIPTION VACATE SANITARY SEWER EASEMENT MASSIH PROPERTY The following described real property situated in the State of Oregon, County of Washington, City of Tigard being a portion of Lot 21, Frewing Orchard Tracts, situated in the Northwest quarter of Section 21,Township 2 South,Range I West of the Willamette Meridian; An easement for sanitary sewer, 10.00 feet in width,the center of which is described as follows; Beginning at a 5/8" iron bar marked"O.D.O.T"'in the centerline of Pacific Highway and running thence North 45' 39'01" East along said centerline a distance of 205.24 feet to it's intersection with the centerline of S.W. Frewing Street;Thence South 53' 16'00" East along said centerline a distance of 153.94 feet;Thence North 45'48'00" East a distance of 20.25 feet to the true point of beginning of the tract herein described; Thence North 45'48' 00" East, a distance of 124.84 feet to the end of this easement. REGISTERE-D PROFESSIONAL LAND SURvEYOR PROFESSIONAL R E OF LAND OREGON JULY 16, 1987 THOMAS P. SwARIFF] 2312 EXHIBIT B VACATED SANITARY SEWER EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: 1"=40' C`4 V / TL 2900 o ao 6897 SF FF=200.0 / UPPER STORY \ / 2984 SF , � Y / o`• � TL 2800 \ / S X00 D TL 3200 \\ �\ �✓ REGISTERED TIE: PROFESSIONAL -1X00 ` URvEYOR N45'48'00"E`\ SANDS 20.25' OREGON JULY I6,1987 SWgRj Welkin Engineering, P.C. -THOMAS P2 PLANNERS,CIVIL ENGINEERS,AND SURVEYORS 8000 S.W.PFAFFLE STREET,PORTLAND,OREGON 97713 PHONE(503)598-1866 FAX L903!598-1868 REQUEST FOR COMMENTS CITY OF TIGARD Community(Development ShapingA Better Community DATE: December 13,200 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy, Associate Planner[x24281 Phone:[5031639-4171/Fax:15031684-7297 BE: VACATION (VAC) 2004-00002 ➢ FREWING @ PACIFIC HIGHWAY SEWER EASEMENT VACATION & PFAFFLE @ 79T" AVENUE SEWER EASEMENT VACATION Q NOTICE OF INTENT TO VACATE: The applicants are requesting that the City of Tigard City Council initiate public easement vacation proceedings for an approximate 1,248 square foot public sewer easement, and an approximate 476 square foot portion of a public sewer easement. The applicants have proposed to either relocate or reconstruct the sewer lines in conformance with current city engineering standards. These vacations are necessary to implement prior development approvals. LOCATIONS: 9965 SW Frewing Street (Massih-1,248 sq. ft. portion); WCTM 2S102C13, Tax Lot 3200; and.7 - S SW Pfaffle Street (Martindale-476 square ft. portion); WCTM 1S136CA, Tax Lo#,94 fY— DATE REQUEST WAS FILED: October 25, 2004 Attached are the Site Plan, Vicinity Map, and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, +I Y(3t RCOMIMJENTSSACKBY: JANUARY 42.2005. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223 or by email to morgan@ci.tigard.or.us. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name& Phone Number of PersonCommenting: a ,TY OF TIGARD REQUEST FOI OMMENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: V4&zvoci-cocv2- FILE NAME: F/'e../t Fal U4-11j Cam CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central ❑East ❑South ❑West CITY OFRCES _LONG RANGE PLANNING/Barbara Shields,Planning Mgr. 90MMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. _POLICE DEPT./Jim Wolf,Crime Prevention Officer _BUILDING DIVISION/Gary Lampella,Building Official NGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer_PUBLIC WORKS/Matt Stine,Urban Forester _CITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKS/Brian Rager,Engineering Manager PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARINGI SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE� _ TUALATIN VALLEY WATER DISTRICT /CLEANWATER SERVICES� Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON _ CITY OF TUALATIN _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 3406 Cherry Avenue NE Melinda Wood(wLUN Form Required) _ Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue Salem,OR 97303 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 Salem,OR 97301-1279 Beaverton,OR 97076 �R.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Bob Knight,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator —OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris _ Mel Huie,GreenspaoesCoordinator(CPA/ZOA) Larry French(comp.Plan Amendments Only) Routing CENWP-OP-G _CITY OF KING CITY _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY� _ OR.DEPT.OF ENERGY(PowedinesinArea) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE ' a 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 e ;t HIII oro OR 97124 PO Box 369 Portland,OR 97208-3621 teve Conway(General Apps.) Lake Oswego,OR 97034 Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) Sarah Danielson,Development Review Coordinator _Dorla Mateja(ZCA)MS 14 Planning Bureau Director Regional Administrator ✓Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(CPAaCA)MS14 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Suweyor(ZCA)MS 15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A _ODOT,RAIL DIVISION _STATE HISTORIC Dave Austin(WCCCA)"911"(M.—"I-T--) Sam Hunaidi,Assistant District Manager (Notify If ODOT R/R-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 5440 SW Westgate Drive,Suite 350 Dave Lanning,Sr.crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221-2414 555-13th Street,NE,Suite 3 1115 Commercial Street,NE Salem,OR 97301-4179 Salem,OR 97301-1012 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Randy Bice (See Me,far Arse Canted) (If Project is Within 1/.Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY _VERIZON _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Florence Mott,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev(see Me,f«Aree C.wl) Diana Carpenter(A,. HWN M 99W) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 alt INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). hApatty\masters\Request For Comments Notification List.doc (UPDATED: 15-Nov-04) (Also update:is\curpin\setup\labels\annexation_utilities and franchises.doc when updating this document) AFFIDAVIT OF MAILING CITY OF TIGARD Community cDeveropment Shaping (Better Community 1, Vatri-a-a L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorUmin&trative Specialist for the City qfTalar 4Washiniyton County, Oregon and that I served the following: (Check ApMpnate Box(s)Below) Z NOTICE OF FINAL ORDER FOR:iLj VA(2004-00002/f REWING STREET 0 PACIFIC HIGHWAY SEWER EASEMENT VACATION AMENDED NOTICE (File No,/Name Reference) HEARING BODY: HEARING DATE: M City of Tigard Planning Director 1-71 Tigard Hearings Officer El Tigard Planning Commission E Tigard City Council (2/8/2005) A copy of the said notice being hereto attached, marked Exhibill'W',and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibft"B",and by reference made a part hereof, on February 23,2005, and deposited in the United States Mail on February 23,2005, postage prepaid. (Person at Prep red Notice) STA(IEW9 q?uxtyp jWOT OON Jt on 3ss. City of Almd Subscribed and sworn/affirmed before me on the ast", day of_Fei�_U� 2005. Q OFFICIAL SEAL SUE ROSS NOTA�ciy PUBLIC-OREGON L5, CoywiSSION NO.375152MMISSION EXPIRES DEC.1,2007 My Comm on Evires: —c)tG_7 EXHIBIT L_ CITY OF TIGARD,OREGON ORDINANCE NO. 05-03 AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY EASEMENT OF APPROXIMATELY 1,248 SQUARE FEET LOCATED AT SW FREI WING STREET AT SW PACIFIC HIGHWAY, IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON(VAC2004-00002). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on January 1 Vh, 2005, and has been recommended by the Community Development Department; and WHEREAS,the approximate 1,248 square foot public sewer easement had previously been granted to the public;and WHEREAS,the applicant has requested that the City of Tigard vacate this public sewer easement as described in Exhibit A and shown in Exhibit B located on property better known as 9965 SW Frewing;and WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the public health, safety or welfare,in consideration of realigned easement and reconstructed sewer line using modern materials;and WHEREAS, all affected service providers, including utility companies and emergency service providers, have been given the opportunity to review the vacation proposal and have provided no objections;and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as described by ORS 271.080;and WHEREAS, in accordance with Tigard Municipal Code 15.08.120,notice of the public hearing was posted in the area to be vacated and published in the newspaper;and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on February 8, 2005, finds that it is in the public interest to approve the request to vacate said public sewer easement as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the vacation of said public sewer easement is necessary to construct the approved improvements on the subject site. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 1,248 square foot portion of public right-of-way as shown and described in the attached Exhibits "All and "B" (legal descriptions and maps of the areas to be vacated), and by this reference,made part thereof. PASSED: ByUAIM-IMW vote of all Council members present after being read by number and title only,this 91� day of r-PbrqgXj:�= 2005. ORDINANCE NO.05-� V Pagel of Attachmorn 1-VAC2004-40t}Q2 Ord I U 0 Recorder—City of igard APPROVED: By Tigard City Council this day of hLw_�� 2005. 0 4-1 Craig ksen,Mayo,r Approved as to farm: CVAttorney Date ORDINANCE NO.05- 03 Page 2 of 2 Attachment 1-VAC2004-00002 Ord I EXHIBIT A LEGAL DESCRIPTION VACATE SANITARY SEWER BASEMENT MASSIF PROPERTY The following described red property situated in the State of Oregon, County of Washington, City of Tigard being a portion of Lot 21,Frewing Orchard Tracts,situated in the Northwest quarter of Section 21,Township 2 South,Range I West of the Willamette Meridian; . An easement for sanitary sewer, 10.00 feet in width,the center of which is described as follows; Beginning at a 5/8"iron bar marked"O.D.O.T"in the centerline of Pacific Highway and running thence North 451 3910111 East along said centerline a distance of 205.24 feet to ifs intersection with the centerline of S.W.Frewing Street;Thence South 53' 161 0011 Fast along said centerline a distance of 153.94 feet;Thence North 45*48100"East a distance of 20.25-feet to the true point of beginning of the tract herein described;Thence North 45' 4810011 East,a distance of 124.84 feet to the end of this easement. GMTERE10 ' PROFtSSIONAL NU ;'R( LAND SURVEYOR U j OREGON JULY 16,iffil THOMAS P. WAFa 9312 EXHIBIT 8 VACATED SANITARY SEWER EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: I =40' TL 2900 0 so 6597 SF FF-200.0 UPPER84 STORSFY 29 TL 2800 oti Vim' i 01 Ile TL 3200 � rER TIE: Rc vsslot4AL N45*48'00"E QN0 SUF'VEYOR' 20-25' op,SGON jw I Welkin Engineering, P.C. `f KOLAS PLANNERS,CIVIL ENGINEERS,AND SURVEYORS smosw,PFAr 9= PHON sla MASSIH, LLC VAC2004-00002 EXHIBIT-L 1831 SW Dickinson Ln. FREWING @ PACIFIC HWY. PUBLIC SEWER Portland, OR 97219 EASEMENT VACATION MASSIH, LLC Attn: Kamelia Massih, Officer PO Box 108 Beaverton, OR 97075 Sam Martindale 2927 SW Dickinson Ln. Portland, OR 97219-7560 AFFIDAVIT OF MAILING CITY OF TI"RD Community DeveCopment ShapingA�etter Community 1, Tatrx' i L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for the City ofTigar4 Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below} NOTICE OF PUBLIC NEARING FOR: � VAC2004-00002/FREWING (a) PACIFIC PUBILK SEWER EASEMENT VACATION (File No./Name Reference) HEARING BODY: HEARING DATE: City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council (2/8/2005) A copy of the said notice being hereto attached, marked fthillIft"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B",and by reference made a part hereof, on jangary 14,2005 and deposited in the United States Mail on janyari 14 2005 postage prepaid. Z(W, (Persd� at Pr dpare o4ticel�2 14 SVqqOT 04UGON County Cashifwton )ss. City df 4ard r\d Subscribed and sworn/affirmed before me on the day of 2005. CIAL SEAL IS61E ROSS NOTARY PUBLIC-OREGON COMMISSION NO.375152 MYCOMM;SSiTNE"FIRES DEC.1,2007 NfyCe ion Expires: NOTICE TO MORTGAGEE,LIENHOLUtER,VENDOR OR SELLER: HIBIT A THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY of TIGARD Community cDevelopment S&upingfl�etterCommunity CITY OF TIGARD NOTICE OF EASEMENT VACATION & PUBLIC NEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY FEBRUARY 8, 2005 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: VACATION (VAC) 2004-00002 FILE TITLE: FREWING @ PACIFIC HIGHWAY PUBLIC SEWER EASEMENT VACATION PETITIONER: MASSIH, LLC Kamelia Massih, Officer 13000 SW Pacific Highway Tigard, OR 97223 REQUEST: The petitioner is requesting that the City of Tigard City Council vacate an approximate 1,248 square foot public sewer easement in exchange for a relocated sewer easement and reconstructed sewer line. LOCATION: 9965 SW Frewing Street; WCTM 2S102C13, Tax Lot 3200. DATE REQUEST WAS FILED: October 25, 2004 THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON JANUARY 11, 2005 BY SETTING A FORMAL PUBLIC HEARING DATE OF FEBRUARY 8. 2005 (Resolution No. 05-01). ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC EASEMENT VACATIONS. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY FEBRUARY 8 2005 BY 7:30 PM. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. IF YOU WANT TO INSPECT THE FILE, PLEASE CALL AND MAKE AN APPOINTMENT WITH EITHER THE PROJECT PLANNER OR THE PLANNING TECHNICIANS. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION LEASE CONTACT THE CITY Rw ORDER OR MORGAN TRACY, ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO MORGAN(cD—CI.TIGARD.OR.US. VICINITY MAP VAC2004-00002 FREWING @ PACIFIC HWY. SEWER EASEMENT VACATION 9465 SW Frewing Street (1,248 sq. ft. portion) �A ��A rcem aea Mav ' � ST _ I l A 4W t City of Tigard .uld bifla,,oI,finismap Istar1,,P-1,,P -1 vMy ana Q s�oultl be Venpetl with 25 Development Servkes Division 1J125 SW Hall BNtl ~ Tigiid,OR 97123 ( 839 ��1or.us — - - Plot date:Dec 13 ommunity Development ,2004 C lmagicVdAGIC03.APR C t(AC oN-oPOO . 2S 102C6-03302 2S102CA-01300 BERTOLINO RONALD G AND SUSNJARA MARKO A EXHIBIT B VAN LOM JOSEPH M 16225 NE EUGENE CT 1304 NW 120TH PLACE PORTLAND,OR 97230 PORTLAND,OR 97229 2S102CB-02400 2S102BD-01600 CNL FUNDING 2000-A LP TIGARD COMMUNITY METHODIST PO BOX 1671 CHURCH ORLANDO,FL 32802 9845 SW WALNUT TIGARD,OR 97223 102CB-025 r 2S102C13-03000 CN�UNG 2000-A LP TRAIN ARTHUR& PO CLINE MARY E 32802 12990 SW PACIFIC HWY TIGARD,OR 97223 2S102CB-03301 2S102CB-02600 DARROW DON S WALTER ANGELA D 9952 SW FREWING ST 2863 RIVERWALK LP TIGARD,OR 97223 EUGENE,OR 97401 2S 102CB-03101102C8-03300 HENDERSON MARILYN DOROTHEA W R GELA D JENSEN HUDSON TRUSTEE �GftENEG ALK LP 11795 SW KATHERINE ST 97401 TIGARD,OR 97224 102BD-01900 102CB-02700 HE ERSON ILYN DOROTHEA WA R GELA D JENSE SON TRUSTEE 2863 ALK LP 1179 THERINE ST GENE,OR 97401 T ARD,OR 9 4 2S 102C6-03200 MASSIH LLC 1831 SW DICKINSON LN PORTLAND,OR 97219 102CB-0290 MA H 183 ICKINSON LN RTLAND, R 97219 2 006A KINSON LN OR 97219 2S 102CB-03400 SAXONY-PACIFIC LLC BOX 23562 PORTLAND,OR 97281 Josh Thomas 10395 SW Bonanza Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 46 CPO 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD -SOUTH INTERESTED PARTIES (pg. I of I) (i:\curpIn\setup\Iabe1s\CIT South.doc) UPDATED: 21-Sep-04 cl \ + 82ND - AVEli CD CD I .. 1 81ST r a i1 � � L CA) ; C 8 78TH I f L � Q �4 � � rnT II yam. I1 A N �^ a " — T II II m 13 LAO MO. o -9W 3 G)�—,jo 300 II ii N o - IS 136CB-09400 1 S 136CA-03301 CHONGWAY FRANK U&CHRISTINE S LIPNOS TIMOTHY AND ANITA 11242 SW 81 ST 11305 SW 79TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 136CD-01002 1 S 136CA-03300 CHRISTENSEN JILL K LOOS HELEN A REVOCABLE 293 SW CERVANTES LIVING TRUST LAKE OSWEGO,OR 97035 BY LOOS HELEN A TR 7935 SW PFAFFLE TIGARD,OR 97223 1 S 136CD-00401 1 S 136CD-01000 CHRISTENSEN JILL K MONAGHAN FARMS INC 293 SW CERVANTES 14120 EAST EVANS AVE LAKE OSWEGO,OR 97035 AURORA,CO 80014 1 S136CD-00500 1 S136CD-00100 CHRISTENSEN JILL K PACIFIC CROSSROADS PROPERTIES 1 293 SW CERVANTES BY WYSE INVESTMENT SERVICES CO LAKE OSWEGO,OR 97035 111 SW 5TH AVE STE 1100 PORTLAND,OR 97204 1 S 136CD-00600 1 S136CB-02800 CPD LLC PETERSEN MARGARET ESTATE 10720 SW MOPA AVE 8035 SW PFAFFLE ST PORTLAND,OR 97219 TIGARD,OR 97223 1 S 136CA-03000 1 S 136CA-03100 DENNY DOUGLAS D&SALLY A SHELDON MELINDA L&DUANE C 11185 SW 79TH ST 11215 SW 70TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S136CB-09100 1 S136CB-09300 HAMILTON BETTY I SPIERING COLLEEN A 11162 SW 81ST AVE 17815 NE COURTNEY RD TIGARD,OR 97223 NEWBERG,OR 97132 1S136CB-09200 1S136CD-00501 HARTE DORIS JUNE TIGARD CITY OF 11190 SW 81ST 13125 SW HALL TIGARD,OR 97223 TIGARD,OR 97223 1 S 136CA-03200 1 S 136CB-09600 KING MARVIN FRANKLIN& WOO SANG KIL AND OK SON KING TRACEE SUE 11300 SW 81ST AVENUE 11255 SW 79TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 136CB-09500 LEWIS SUSAN M 11268 SW 81ST AVE TIGARD,OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Sue Rorman 11250 SW 821d Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 23-Feb-04 g CD _ x s CD rr-I CL _ I or NO) v o g vWON i w= ^pry'g;, m i�o Z O CIO 3 C a I t i i O�Iv cn � � a 2S102CB-03302 2S102CA-01300 BERTOLINO RONALD G AND SUSNJARA MARKO A VAN LOM JOSEPH M 16225 NE EUGENE CT 1304 NW 120TH PLACE PORTLAND,OR 97230 PORTLAND,OR 97229 2S102C6-02400 2S102BD-01600 CNL FUNDING 2000-A LP TIGARD COMMUNITY METHODIST PO BOX 1671 CHURCH ORLANDO,FL 32802 9845 SW WALNUT TIGARD,OR 97223 2S 1 02CB-02500 2S102CB-03000 CNL FUNDING 2000-A LP TRAIN ARTHUR& PO BOX 1671 CLINE MARY E ORLANDO,FL 32802 12990 SW PACIFIC HWY TIGARD,OR 97223 2S102C13-03301 2S102C6-02600 DARROW DON S WALTER ANGELA D 9952 SW FREWING ST 2863 RIVERWALK LP TIGARD,OR 97223 EUGENE,OR 97401 2S102CB-03101 2S102C13-03300 HENDERSON MARILYN DOROTHEA WALTER ANGELA D JENSEN HUDSON TRUSTEE 2863 RIVERWALK LP 11795 SW KATHERINE ST EUGENE,OR 97401 TIGARD,OR 97224 2S 102BD-01900 2S 102CB-02700 HENDERSON MARILYN DOROTHEA WALTER ANGELA D JENSEN HUDSON TRUSTEE 2863 RIVERWALK LP 11795 SW KATHERINE ST EUGENE,OR 97401 TIGARD,OR 97224 2S102C6-03200 MASSIH LLC 1831 SW DICKINSON LN PORTLAND,OR 97219 2S102C13-02900 MASSIH LLC 1831 SW DICKINSON LN PORTLAND,OR 97219 2S102C13-02800 MASSIH LLC 1831 SW DICKINSON LN PORTLAND,OR 97219 2S102CB-03400 SAXONY-PACIFIC LLC BOX 23562 PORTLAND,OR 97281 Josh Thomas 10395 SW Bonanza Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD •SOUTH INTERESTED PARTIES (pg. I of 1) (i:\curpIn\setup\IabeIs\CIT South.doc) UPDATED: 21-Sep-04 1 S 136CA-03300 LOOS HELEN A REVOCABLE LIVING TRUST BY LOOS HELEN A TR 7935 SW PFAFFLE TIGARD,OR 97223 2S102CB-03200 MASSIN LLC 1831 SW DICKINSON LN PORTLAND,OR 97219 CITY OF TIOARD Community(Devek pment ShapingA Better Community LAND USE PROPOSAL DESCRIPTION FILE NO.: VACATION (VAC) 2004-00002 FILE TITLE: FREWING @ PACIFIC HIGHWAY SEWER EASEMENT VACATION & PFAFFLE @ 79TH AVENUE SEWER EASEMENT VACATION APPLICANT: MASSIH, LLC APPLICANT: Sam Martindale Kamelia Massih, Officer 2927 SW Dickinson Street 13000 SW Pacific Highway Portland, OR 97219-7560 Tigard, OR 97223 Mail: PO Box 108 Beaverton, OR 97075 REQUEST: The applicants are requesting that the City of Tigard City Council initiate public easement vacation proceedings for an approximate 1,248 square foot public sewer easement, and an approximate 476 square foot portion of a public sewer easement. The applicants have proposed to either relocate or reconstruct the sewer lines in conformance with current city engineering standards. These vacations are necessary to implement prior development approvals. LOCATIONS: 9965 SW Frewing Street (Massih); WCTM 2S102CB, Tax Lot 3200; and 7935 SW Pfaffle Street (Martindale); WCTM 1 S136CA, Tax Lot 3300. DATE REQUEST WAS FILED: October 25, 2004 DECISION MAKING BODY BELOW: DATE COMMENTS WILL BE SENT: DECEMBER 13 2004 DATE COMMENTS ARE DUE: JANUARY 12 2005 ® CITY COUNCIL DATE TO INITIATE VACATION PROCEEDINGS: TUESDAY- 1111/05 TIME: 7:30 ® CITY COUNCIL DATE OF PUBLIC HEARING: (Tentative) TUESDAY—2/8/05 TIME: 7:30 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® NARRATIVE ® SITE PLAN ® REQUEST BY PETITIONER TO INITIATE VACATION STAFF CONTACT: Morgan Tracy, Associate Planner 503-639-4171, Extension 2428 10/22/2004 16:50 FAX 5036847297 City of Tigard 004 NOTICE OF INTENT TO FILE VACATION PETITION Petitioner or Representative: �Vx Address: lz Phone: LZ Legal Description of Area to be Vacated: J Deposit Amount: $1.790.0 (Payment and refund shall be as provided in the Deposit Agreement) Submittal Requirements: 1. Completed "Notice of Intent to File Vacation Petition" 2. Deposit in the amount of$1,790.00 3. Signed "Notice of Intent to File Vacation Petition Fee Agreement" 4. Letter requesting that Council initiate vacation proceedings including a detailed description of the area to be vacated and reason for the vacation request. 5. Map of the area to be vacated prepared by a professional engineering firm. 6. Legal description of the area to be vacated prepared by a professional surveyor. hairpiffirnastersUmUce of Intent to file vacation pefition.doc 10/22/2004 16:50 FAX 5036847297 City of Tigard 1j005 NOTICE OF INTENT TO FILE VACATION PETITION FEE AGREEMENT The undersigned is/are interested in the vacation of A0Qe,i-ce r r • ' �,s• � r '' �` �-r �' r _ a R and have f Noti a of I tent to File a Vac tion Petition with the City of Tigard a and have tendered a fee deposit of $1,790.00. The undersigned agree that all costs incurred by the City in the processing the Notice of Intent to File a Vacation Petition shall be borne by the undersigned in the proportion shown and that any refund shall be divided in the same proportion. Signed: Print name: Address: Phone: Proportion of Payment: Signed: Print name: -' < Address: Phone: Proportion of Payment:_/ cZ Z L C Signed: Print name: Address: Phone: Proportion of Payment: Signed: Print name: Address: Phone: Proportion of Payment: i:lcurpinknastersVwtice of intent to file vacation petlfton fee agreement.doc C> ti o 00 Ge Ge U-) 8 0 5, C) > O Ln Ln oo > p 0S. C6 Ln Q _r E 41 0 rm r3 w u W 7ej pr ru <a 0) MI azzo� 0 z z p Ccz(r 0 u 1% <�eo 0 <20 - 50 rm 2>- ru 0 --.3 cm CL �L, R. v C-4 NOTICE OF INTENT TO FILE VACATION PETITION Petitioner or Representative: M_,e Address: 14Tu Ix Of 2,23 :n, ok q707� U Phone: 5W 2- 522-6 =1 :7 Legal Description of Area to be Vacated: Deposit Amount: $1,790.00 (Payment and refund shall be as provided in the Deposit Agreement) Submittal Requirements: 1. Completed "Notice of Intent to File Vacation Petition" 2. Deposit in the amount of$1,790.00 3. Signed "Notice of Intent to File Vacation Petition Fee Agreement" Letter requesting that Council initiate vacation proceedings including a detailed description of the area to be vacated and reason for the vacation request. Map of the area to be vacated prepared by a professional engineering firm. ( 6. Legal description of the area to be vacated prepared by a professional surveyor. i:\curp1n\rnasters\notice of intent to fite vacation petition.doc NOTICE OF INTENT TO FILE VACATION PETITION FEE AGREEMENT The undersigned is/are interested in the vacation of and have filed a Notice of Intent to File a Vacation Petition with the City of Tigard and have tendered a fee deposit of $1,790.00. The undersigned agree that all costs incurred by the City in the processing the Notice of Intent to File a Vacation Petition shall be borne by the undersigned in the proportion shown and that any refund shall be divided in the same proportion. Signed: Print name: Address: Phone: Proportion of Pay ent: ' ' - 'r , j KA-,tbs92jk Signed: Print name: Address: Phone: Proportion of Payment: Signed: Print name: Address: Phone: Proportion of Payment: Signed: Print name: Address: Phone: Proportion of Payment: iAcurpinlrnasterslnotice of intent to file vacation petition fee agreement.doc Kamelia Massih, Officer MASSIH LLC P.O. Box 108 Beaverton, OR 97075 November 3, 2004 City of Tigard Please have the City Council initiate vacation proceedings for an existing sanitary sewer easement across the property at 13000 Pacific Highway, as shown and described on the attached pages. The properties at this address have been consolidated into a single property and we wish to construct a building across the existing easement. Accordingly, an alternate easement will be dedicated to replace the vacated easement, and a sewer will be constructed within the new easement. Tha you, ams Hymn PE PLS for Kamelia 1h, Officer MASSIH, LLC LEGAL DESCRIPTION VACATE SANITARY SEWER EASEMENT MASSIH PROPERTY The following described real property situated in the State of Oregon, County of Washington, City of Tigard being a portion of Lot 21, Frewing Orchard Tracts, situated in the Northwest quarter of Section 21,Township 2 South,Range I West of the Willamette Meridian; An easement for sanitary sewer, 10.00 feet in width,the center of which is described as follows; Beginning at a 5/8" iron bar marked"O.D.O.T" in the centerline of Pacific Highway and running thence North 45' 39'01" East along said centerline a distance of 205.24 feet to it's intersection with the centerline of S.W. Frewing Street; Thence South 53' 16' 00" East along said centerline a distance of 153.94 feet;Thence North 45'48' 00" East a distance of 20.25 feet to the true point of beginning of the tract herein described; Thence North 451 48' 00" East, a distance of 124.84 feet to the end of this easement. REGMTERM - PROFESSIONAL LAND SURVEYOR R R L PA N' -3 OREGON 8 JULY 16, 1987 I NOMAS P. SwART (VA 2312 VACATED SANITARY SEWER EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: 1"=40' / TL 2900 0 60 6897 SF FF=200.0 op s/ ,SOX UPPER STORY 2984 SF 10, Q` \ TL 2$00 \\\ p0 \ TL 3200 \ TIE: �ROFES Ut EyOR N45°48'00"E O E h1G SUS 20.25' \ OREGO g8i 3uLY �P, 51"A1, Welkin Engineering, P.C. THOR312 PLANNERS,CIVIL ENGINEERS,AND SURVEYORS 8000 S.W.PFAFFLE STREET,PORTLAND,OREGON 97223 PHONE(503)598-1865 FAX(503)598-1868 !,ETURN RECORDED DOLT 'NT TO: CITY HALL RECORDS DEPA.+fMENT, (� CITY OF TIGARD 4 tyvl "` 13125 SW 11all Blvd. �( Tigard,OR 97223 �� V CORPORATION File No. DEDICATION DEED FOR ROAD OK STREET PURPOSES. J pace above reserve or Washington-County Recording infoi tw_�, Q hereby dedicate to the public a perpetual right-of-way for street,road, and utility purposes on,oWer, across,under, along,and within the following described real properties in Washington County,Oregon: Attached Exhibit"A To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property, The true consideration for this conveyance is $ 0,00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WITNESS WHEREOF,I hereunto set my hand on this ej day of ()C, 20A.t'U Name of Corporation 4ignaKre Address Title ewfutp Signature Tax Statement Mailing Address(fdierent from above) Title G ':;;IAL SEAL K C HOFFMAN ; NOTARY`,LIBLIC-OREGON STATE OF OREGONCOMA/;' i:1N NO.369916 MY GOMMissfor -S JUNE 2r4,2007 County of Washington ) This instrument was acknowledged before me on ` `9.9 acc—A (date)by (name(s)of person(s))as (type of authority,e.g.,officer,trustee,etc.) of (name of party on behalf of whom instrument was executed). LEGAL DESCRIPTION FREWING PROPERTY CITY OF TIGARD R/W DEDICATION ne following described real property situated in the State of Oregon, County of Washington, City of Tigard; That portion of the Northwest quarter of Section 2,Township 2 South,Range 1 West of the Willamette Meridian,being a portion of the Richardson Donation Land Claim and being a portion of Lot 21,Frewing Orchard Tracts described as follows; Beginning at a point in the centerline of SN Pacific Highway, said point being marked with a 518"iron bar marked"O.D.O.T."and running thence North 45* 39' 01"East along the centerline of said Pacific Highway, a distance of 205.24 feet to it's intersection with the centerline of S.V;, Frewing Street; Thence South 53* 16' 00"East along the centerline of said Frewing Street, a distance of 52.64 feet to a point which is 52,00 feet from the centerline of said Pacific Highway when measured at right angles; Thence North 45' 39" 01"East,parallel with said centerline a distance of 20.24 feet to the true point of beginning of the tract herein described, said point being 20.00 feet Northeasterly from the centerline of said Frewing Street when measured at right angles Thence South 53' 16' 00"East along the Easterly right of way line of said Frewing Street a distance of 191.23 feet to the South line of that tract conveyed to I.N.Atterbury by deed recorded in Book 127 at Page 285; Thence North 46" 03' 19"East along the South line of said tract,a distance of 9.12 feet; Thence North 53' 16' 00"West,a distance of 185.11 feet; Thence North 18*50' 59"East,a distance of 6.76 feet to a point which is 52.0 feet Southerly of the centerline of said Pacific Highway when measured at right angles; Thence South 45" 391 01'Vest, a distance of 12.98 feet to the point of beginning, LAND REGISTERED PROFESSIONAL SURVEYOR �D AL SURVEYOR OREGON JULY 16, 1987 OV THOMAS P. SWART 2312 DEDICATION EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: 1 of=40' C 4 , . � TL 2900 0 6897 SF FF=2MO UPPER 2984 SF STORY Is, N 18- '59"E 6.7 6' TL 2800 bo yy E: 29' ROW AFTER N45 39 01 E 9' DEDICATION 20.24'\ '76'pa TL 3200 77, 'Q-1 7 N\'� REGIS I tKt:u PROFESSIONAL LAND SURVEYOR EX. 20' ROW N46*03'1 9"E 9.12' 'OREGON JULY 16, 1987 THOMAS P. SWART Welkin Engineering, P.C. 2312 PLANNERS,CIVIL ENGINEERS,AND SURVEYORS 8000 S.W.PFAFFLE STREET,PORTLAND,OREGON 97223 PHONE(503)598-1866 FAX(503)