88-43090 ~ 100th Avenue ^ ~ ~
'
CITY OF TIGARD^ OREGON ��-�uu�w� �OOM
Vaum"gmnCoumy
�F
ORDINANCE NO. SO0154
AN ORDINANCE VACATING A PORTION OF THE PUBLIC DRAINAGE EASEMENT LOCATED WITHIN
MURDOCK HILL' A RECORDED SUBDIVISION PLAT, IN THE CITY OF TIGHRD, WASHINGTON
COUNTY, OREGON,
WHEREAS, a vacation request was received and filed with the City Recorder for
vacation of at portion of the public drainage easement within the subdivision
of Murdock Hill; and
WHEREAS, the public drainage system within this portion of the subdivision has
recently been relocated, and the easement is no lunger needed in it' s original
alignment; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; and
WHEREAS, in accordance with ORS 271 . 100' the TMC Section 15.08.110, the
Council fixed a time and place for the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.080; and
WHEREAS, the Council' having held a hearing on August 22' 088, finds the
public interest will not be prejudiced by the vacation as provided by ORS
* 271 . 120 and TMC Section 15.08. 130; and
.,
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land:
1 � The vacation shall not be effective until the effective date of this
Ordinance, and a certified copy of this Ordinance has been recorded with
the Washington County Clerk, Assessor, and Surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1 : The Tigard City Council hereby orders the vacation of a portion
of the public drainage easement within Murdock Hill as
described and shown on the attached Exhibit "A' " and by this
. reference made part hereof.
Section 2. The Tigard City Council further orders that the vacation be
subject to the following conditions :
1 . The vacation shall not be effective until the effective
date of this Ordinance, and a certified copy of this
Ordinance has Even recorded with the Washington County
Clerk, Assessor, and Surveyor.
q
ORDINANCE K0. 88-` "
Page 1
) -4
- ^
' Section 3: This Ordinance shall be effective on the 81st day after its
enactmentbythe City Council and approved by the Maymr,
subject to the terms and conditions included within the
Ordinance.
�
PASSED: By vote of all Council menJxmrn present
after being read by number and title only, this day
of ^ 1988.
APPROVED: This Thiy day of 1988.
BFiaR, Mayo
Approved as to form:
^
ht/0425D
STATE OF OREGON )
/ County of Washington ) /
� City of Tigard
,
1; CATHERINE WHEATLEY^ HEREBY CERTIFY THAT I am the duly appointed, qualified
and acting Deputy City Recorder of the City of Tigard, Oregon.
I f certify that I have compared the herewith copy of RESOLUTION
N0. u »�� of the City of Tigard with the original in my possession as
custodian of the official records of the City of Tigard, and that the herewith
copy is a correct transcript of RESOLUTION NO.
IN WITNESS W14ERE0F^ o set my hand and seal of the City of Tigard
thin�7 �� day of
'
'
EXHIBIT "H"
A portion of a ten—foot lot storm drainage easement located in the northwest
quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian,
City of Tigard, Washington County, Oregon, being described as follows:
Beginninq at the southeast corner of Lot 8, Murdock Hill, a recorded plat,
Washington County Plat Records; thence North 89» 47^ 37" West, 5.05 feet to
the True Point of Beginning; thence North 70 46' 13" West, on the easterly
edge of said storm drainage easement, 54.10 feet; thence North 500 20^ 58"
West, on said easterly edge' 92.91 feet to a point that lies five feet' when
measured a right angles from, the north line of said lot 6; thence North 890
� 57' 01" West, parallel with said north line, 15.74 feet to the westerly edge
of said storm drainage easement; thence South 500 29^ 53° East, on said
westerly edge, 101. 16 feet; thence South 70 46' 13" East, 48.79 feet to the
mouth line of said Lot b; thence South 890 47' 27° East, on said south line,
10' 10 feet to the true point of beginning.
ht/5552D
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14&65
STATE OF OREGON
County of Washington SS
1,Donald W. Mason, Director of Assessment
and Taxation and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
Donald W. Mason, Director of
Assessment and Taxation, Ex-
Officio County Clerk
X68 SES' 28 11, 1 45
(NOTE: PUBLI( -ZARINGS TO BE SCHEDULED FOR 1st 3rd MEETINGS ONLY)
CITY RECORDER TIMELINE - EASEMENT/STREET VACATIONS
Date
7-/1-- Consent Agenda - Resolution,No.
r
Memo to Engineering (Clarno) & Planning (Liden)*with a copy of
letter that is going to affected property owners. *cc Diane
zz(l& Letters to Utility Companies with specific reply date.
Memorandum to Engineering (Clarno) requesting posting of
notice of public hearing (5 days after 1st date of publication)
lC -Ia Deliver ad to newspaper (5 consecutive publications)
Ah / 1st Publication
� ,t /lC�il4 Z ° Planning Commission Review
�rC✓1 7 Responses back from utility companies - have copies made and
send to Engineering (Clarno)
Packet ready for Ordinance for consideration
Public Hearing - Ordinance
Post Ordinance
Send Ordinance to Washington County for recording.
-.��� �
,r \L�
Agenda Update — 8/22/88
�
o STUDY SESSION — Agenda Review
1 . BUSINESS MEETING:
1 . 1 Call To Order and Roll Call 8r & Ea Absent
1.2 Pledge of Allegiance
1 .3 Call To Staff and Council For Non—Agenda Items
2, VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please)
William Monahan; Dawe Wlimgele; Travis Pilcher; John Blcwmgren
{Mr. Blomgran expressed concern with construction at Lincoln Towers —
CC direction to CQ Director — report back on 9/12 and CC discussion.
Presentation of Keys to City — 1908 Senior Girl Little League World
Chmapioms.
3 . CRUISIN` TIGARD REPORT
o TPI Committee Dave Fo3gie^ Steve Ogden
4. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate disounoi*n. Anyone may request
that an item be removed by motion for discussion and separate action.
Motion to:
4.1 Approve Council Minutes: July 11, 1988
4.2 Receive and File Departmental Monthly Reports
a. Community Development — May, June, & July' 1988
b. Community Services — July, 1988
o. Library — July, 1988
d. Police — June & July, 1988
4.3 Receive and File:
a. Tigard Auction Report
4.4 Approve Appropriation Resolution For City Center Financial
Consultant — Resolution No. 88-79
4.5 Receive CDBQ Grant Monies & Appropriate Funds — Res, No. 88-80
4.6 Recess Council Meeting; Convene Local Contract Review Board
Meeting (LCRB);
a. Award Contract For City Center Financial Consultant
h. Award Bid 100th Avenue Sturm Drain Improvement
C. Award Single Source Bid For Mobil Data Terminals (MDT' n)
d. Award Bid For Two Public Works Pickups
e. Award 8i6 For Two Data Collection Devices
Adjourn LCRB; Reconvene Council Meeting.
4.7 Approve Texaco Appeal Hearing Final Order — Resolution No. 88-81
4.8 Approve Classification Review Process
4.9 Approve Amendment to Oregon Department of Transportation Agreement
for Pacific Highway/78th Avenue Intersection — Res . No. 88-82
4. 10 Authorize Intergovernmental Cooperation Agreement with City of
Portland for Tigard Police Department Volunteer of Time, Services
and Equipment during the International Association of Chiefs
Annual Conference, October 15-20, 1008 — Resolution No. 88-83
Jo/Sc with amendment to 4.7 — UA
5. PUBLIC HEARING �0MPBEHENSIVE PLAN AMENDMENT A 88-02^ ZONE CHANGE
ZC 88-08, 0T LINE ADJUSTMENT M 08-12 TIGARD SCHOOL DISTRICT
(DURHAM SCHOOL) NPO # 5
A review of the Planning Commission recommendation of approval for:
1 . A plan amendment from Light Industrial to Public/Institution for
2.89 acres (WCTM 2S1 138A, lot 400);
2. H zone change for this parcel from I-9 (Industrial Park) and for
the adjacent Durham School property (WCTM 2S1 13B, lot 300) from
I—P (H—D) Historic District) to R-12 (H—D) (Residential, 12
units/acre, Historic District overlay);
3 . A lot line adjustment to combine the two parcels into one 8.29
acre parcel .
Location: 7860 SW Durham Road and 8040 SW Durham Road.
m Consideration By Council — Ordinance No. 88-21 8m/Jo MA
6. PUBLIC HEARING — MURDOCK HILL DRAINANGE EASEMENT VACATION
o Consideration By Council — Ordinance No. 88-22; Jo/Sc; CD Director
to report in memo form for 9/12 QC meeting about what can be done
to mitigate drainage problems in area; also report to include
history of bldg. permit issuance and variance procedure on this
'
case
7. PUBLIC HEARING — BENJAMIN FRANKLIN COMMONS RIGHT—OF—WAY VACATION
o Consideration By Council — Ordinance No. 88-23 — Sc/Jo UA
8. PUBLIC HEARING — SITE DEVELOPMENT REVIEW SDR 87-05 (TIGARD T0WNE
SQUARE) WESTW00D CORPORATION NPO # 6
Request to construct a 300 sq. ft, building along the Pacific Highway
frontage within an area previously approved for landscaping. Location:
SW Pacific Highway/Tigard Towne Square (WCTM 281, 15BA; TL 101)
o Consideration By Council — Direction To Staff For Final Order
Motion by Jo, seconded by Sc to support staff recummenatiwn of denial;
o� final order to be prepared for CC consideration 0/12/80
0. APPEAL PUBLIC HEARING — SUBDIVISION S 87-03 KRUEGER DEVELOPMENT
(C0TSWALS # 4) NPU # 7
Appeal of the Hearings Officer approval for a approval period extension
and to amend the phasing plan for a previously approved 72 lot
subdivision, Location: Between Wilton Ave. and Soholla Ferry Road,
immediately west of CotowaId 3 Subdivision) (WCTM 1S1 33CD lot 200) .
This will be an "argument—type" hearing only. The Council will
consider only the record before the Hearings Officer, which is on File
at City Hall and has been fully reviewed by the Council . The Council
will further is not allowed under City code to consider any new
testimony or evidence which is not in the record.
o Consideration By Council — Direction Tw Staff For Final Order
Jo/Sc — Motion to continue hearing to 9/26/88
10. NON—AGENDA ITEMS: From Council and Staff None
11, EXECUTIVE SESSION: The Tigard City Council went into Executive Session
at 11:06 p.m. under the provisions of ORS 192.860 (1) (a), (d)' (e), &
(h) to discuss City Administrator selection, labor relations, real
property transactions, and current and pending litigation issues.
12. ADJOURNMENT: 11:25 p.m.
ow/5814D
AFFIDAVIT OF POSTING
In the Matter of the Proposed
MURDOCK HILL DRAINAGE EASEMENT VACATION
STATE OF OREGON
County of Washington) ss.
City of Tigard
I, Sheryl Renae Simmons being first duly sworn, on
oath depose and say:
That I posted in the following public and conspicuous places, a
copy of Notice of Public Hearing of the Murdock Hill Drainage Easement
Vacation a copy of said notice being
hereto attached and be reference made a part hereof, on the 26thday of
July 1 19 88.
Notice #1 posted on P.G.E. pole #1397, located on the west side of S.W. 100th
Avenue approximately 300 feet north of S.W. Sattler Street.
Notice #2 posted on P.G.E. pole #1396, located on the west side of S.W. 100th
Avenue approximately 450 feet north of S.W. Sattler Street.
Notice #3 posted on a 41 survey lath driven into the ground at a point on the
west side of S.W. 100th Avenue approximately 1801 feet north of Notice #2
and approximately 450' south of the intersection of S.W. 100th Avenue and
S.W. Murdock Street.
Notice #4 posted on P.G.E. pole #1143 on the south side of S.W. Murdock
Street and approximately 500' west of the intersection of S.W. Murdock Street
fand S.W. 100th Avenue.
Subscribed and sworn to before me this -Qday o
1900 1
Notary Public for Oregon
Affidavit of Posting My Commission Expires: 511()1'-11
CITY OF TIGARD
NOTICE OF MURDOCK HILL DRAINAGE EASEMENT VACATION
The Tigard City Council will hold a public hearing on Monday, August 22, 1988
at 7:30 PM at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard,
Tigard, Oregon to consider the proposed vacation of a portion of a public
drainage easement within the subdivision plat of Murdock Hill, in the City of
Tigard. The request was initiated by the City Council on July 11, 1988 at the
request of adjoining property owners. Any interested person may appear and be
heard for or against the proposed vacation of said lands. Any written
objections or remonstrances shall be filed with the City Recorder by August
22, 1988, by 7:30 PM.
TT Publish July 21, 28 and August 4, 11, and 18, 1988
br/5664D
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
. /
AGENDA OF: DATE SUBMITTED: __14ly 14, 1988
ISSUE/AGENDA TITLE: Street Vacation PREVIOUS ACTION: Called for Public
Public Hearinq — Portion of Hearing — Res. 88-49 on June 13, 1988
DEPT HEAD OK=D '-. CITY ADMIN 0 REQUESTED BY: PacTrust Corporation
===
Council initiated street vacation request '-- consistent with Council policy as
adopted by Resolution No. 07-30.
INFORMATION SUMMARY
On June 13' 1088 Council passed a resolution to call for a public hearing on a
Council—initiated vacation request to be held at 7:30 p.m. on July 25^ 1988.
PanTruot Corp. requested that Council initiate vacation proceedings ,
SW Washington is a very narrow, mostly unimproved right—of—way created in the
early 1000's. The purpose of the vacation is to return public right--of--way to
private ownership. Staff has prepared a report, which is attached, that
includes more background, findings and recommendations.
' ^
ALTERNATIVES CONSIDERED
1. Approve the attached ordinance which vacates the remaining portion of
SW Washington Street (staff recommendation) .
2. Request staff to prepare a resolution denying the proposed vacation which
may be based on objections and remonstrances received during the public
hearing.
FISCAL
All fees and staff time is being paid for, by applicant whether or not the
proposal is approved.
SUGGESTED ACTION
Staff recommends Alternative No. 1 with motion to approve the Ordinance as
presented.
cn/5940D
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and City Council July 14, 1088
FROM: Randy Clarno, Development Services Manaju
SUBJECT: Community Development Department Report for Proposed Vacation of
A Portion of S.W. Washington Street
BACKGROUND
SW Washington Street is a narrow (30` wide) public right-of-way located near
the Oregon Business Park development off 8W 72nd Avenue. This portion of
right-of-way being proposed for vacation is the last remaining piece of SW
\Washington Street which was created in the early 1900s with the- subdivision-
plat of Rosewood Acre Tracts. The right-of-way is not improved as a public
street but does have some private auoeon and parking improvements. Pam-Trust,
developers of the Oregon Business Park, are requesting that the right-of-way
be vacated.
. '
FINDINGS
*
The Planning Commission is required to make a recommendation as provided by
TMC 15-08-090. On July 5' 1988, the Commission reviewed this request and
recommended that it be approved .
Fire and Police Services
Responses were received from both the Police Department and Fire District and
neither had concerns relative to service or response time.
(drainage and sewer)
No existing City drainage and newer improvements are located within the
proposed vacation area. The Engineering Division has reviewed the proposal
and uueo no need to retain easements for future facilities .
Transportation and Capital Improvement Plans
The proposal does not conflict with either the Transportation Plan or Capital
Improvement Plan. SW Washington Street is significantly sub-standard in terms
of right-of-way width and impruvemento. It also provides no advantages, if
maintained as a public street, with circulation, public facilities, and
access . Adjoining properties, which number three' are under single ownership
and have recorded easements protecting aooeno and utility rights,
.
Mayor and City Council
Page 2
July 14, 1988
Other Utilities
Responses were received from the following utility providers:
Portland General Electric
Northwest Natural Gas
General Telephone Company
Tigard Water District
Willamette Cable TV
None of the above utility providers have existing aerviceo within the proposed
area to be vacated. Future services were nut anticipated and each provider
recommended approval without retaining easements.
TITLE TO VACA*TED LANDS
It in my opinion, gioeO statutory guidelines, that title to the proposed
vacation- lands of SW Washington Street will 90 to that property mwuth of SW
Washington Street.
RECOMMENDATION . '
Staff recommends that the proposed vacation be approved without condition as
presented in the attached ordinance.
ht/5057D
Attachment
CITY OF TIGARD, 0REC0K
ORDINANCE NO. O8—
AN ORDINANCE VACATING H PORTION OF SW WASHINGTON STREET, A DEDICATED PUBLIC
RIGHT—OF-WAY LOCATED WITHIN ROSEWOOD ACRE TRACTS, A RECORDED SUBDIVISION PLAT,
IN THE CITY OF TIQARD, WASHINGTON COUNTY, OREGON.
WHEREAS, a vacation request was received and filed with the City Recorder for
vacation of a portion of SW Washington Street; and
WHEREAS, the reason and purpose for this vacation is to return a portion of
the SW Washington Street right—of—way to private ownership; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; and
WHEREAS' in accordance with ORS 271 . 100, the TMC Section 15.08. 110, the
Council fixed a time and place for the public hearing and the Recorder
_
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271 .080; and
WHEREAS, the Council, having held a hearing on July 25, 1988, finds the public `
interest will not be prejudiced by the vacation as provided by ORS 271 . 120 and
TMC Section 15.08. 130; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land:
1 . The vacation shall not be effective until the effective date of this
ordinance, and a certified copy of this Ordinance has been recorded with
the Washington County Clerk, Assessor, and Surveyor.
THE CITY OF TIQARD ORDAINS AS FOLLOWS:
Section 1 : The Tigard City Council hereby orders the vacation of a portion
of SW Washington Street as described and shown on the attached
Exhibit "N" and by this reference made part hereof.
Section 2. The Tigard City Council further orders that the vacation be
subject to the following conditions:
1 . The vacation shall not be effective until the effective
date of this Ordinance, and a certified copy of this
Ordinance has been recorded with the Washington County
Clerk, Assessor, and Surveyor.
ORDINANCE NO. 88—
___
Page 1
. .
Section 3: This Ordinance shall be effective on the 31ot day after its
enactment by the City Council and approved by the Mayor,
subject to the terms and oonditions inclLid ed within the
Ord inance
PASSED: By vote of all CounriI members present
after being read by number and title only, this _________ day
of , 1088.
ine Wheatley, Deputy City Recorder-
APPROVED: This day of , 1988.
Thomas M. Brian, Mayor
Approved as to form:
<�2u ^
1114k —
Date "
ht/5012D
ORDINANCE NO. 88—
Page 2
ALLAN & LEUTHOLD, INC,
SURVEYING
4827 N. E. 105th AVENUE
PORTLAND, OREGON 97330
503 — 254-0734
A portion of S.W. Washington Street in the plat of ROSEWOOD ACRE TRACTS
in Section 13 T. 2 S., R. 1 W., W.M. Washington County, Oregon described
as follows:
Beginning at a1 point on the North line of S.W. Washington Street as
dedicated in the plat of Rosewood Acre Tracts, saLd point being North
890 241 24" East 17.92 feet from the Northwest corner of the East 11 of the
Northeast k if Section 13; thence continuing North 890 24, 24" East along
said North line a distance of 441..08 feet; thence South 30.00 feet to a point
in the South line of said S.W. Washington Street; thence South 890 241 211"
West along said South line a distance of 419.82 feet; thence South 480 43.1 42"
West 25,53 feet; thence North 610 44, 5311 West 22.26 feet to a point in the
Easterly right of way line of S.W. Upper Boones Ferry Road as now laid out;
thence Northeasterly along the are of'a 490.00 foot radius curve to the left
(the chord of which bears North 250 54, Ito" East 40.11 feet) a distance of
40.13 feet to the point of beginning.,,,
t
Containing 13,816 sq. ft. more or less...
REGISTERODA.
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MAY 8, 1958
GENE A. LEUTHOLD
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NOTICE OF MURDOCK HILL DRAINAGE EASEMENT VACATION
The Tigard City Council will hold a public hearing on Monday, August 22, 1988
at 7:30 PM at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard,
Tigard, Oregon to consider the proposed vacation of a portion of a public
drainage easement within the subdivision plat of Murdock Hill, in the City of
Tigard. The request was initiated by the City Council on July 11, 1988 at the
request of adjoining property owners. Any interested person may appear and be
heard for or against the proposed vacation of said lands. Any written
objections or remonstrances shall be filed with the City Recorder by August
22, 1988, by 7:30 PM.
TT Publish July 21, 28 and August 4, 11, and 18, 1988
br/5664D
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WHILE YOU WERE OUT
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RETURNED YOUR CALL WILL CALL AGAIN
WANTS TO SEE YOU RUSH
Message—
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MEMORANDUM
CITY OF TICARD, OREGON
TO: Randy Clarno, Development Services Manager July 13, 1088
FROM: Cathy Wheatley, Deputy Reour6er\_AP-t'u'y
SUBJECT: Public Right-of-Way Vacation Hearings - Murdock Hill & Franklin
Commons
The above-referenoed Hearings were authorized by Council on July 11, 1988 at
their meeting -- attached are Resolutions No. 88-65 and 88-66.
Also attached are the letters from Loreen to the property owners which should
be sent out as soon as possible.
The legal notices to the newspapers will be sent with this week's ads and will
appear in the Tigard Times (1st publication date is July 21' 1988) .
The postings for each vacation should be dune between July 22 and July 27,
I've attached copies for posting and the Affidavit of Posting which should be
completed and returned to me.
Thanks for your help. '
' ^
cw/5y25D
Attachments
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14900 S.W. 013RD 9975 S.W. SATTLER ST. DENNIS & SUSAN REED
TIGARD, OR 97224 TIGARD, OR 97223 15020 S.W. 100TH
TIGARD, OR 97223
TL 1501 1507 & 1508
FERDINAND WARDIN EDAH & HELEN UPSHAW
915 EAST FIRST ST. MARY JANE FREDERICKS
NEWBERG, OR 97132 C/0 DENNIS & SUSAN REED
15020 S.W. 100TH
TIGARD, OR 97223
TL 1600 1510
EVELYN LOUISE KALLSTROM DONALD COMEGYS
15025 S.W. 100TH 15060 S.W. 100TH
TIGARD, OR 97224 TIGARD, OR 97223
TL 1702 1511
JOHN & KATHLEEN ULWELLING STEPHEN & ANN DAVIDSON
15165 S.W. 100TH AVENUE 15040 S.W. 100TH
TIGARD, OR 97223 TIGARD, OR 97224
TL 2300- 1512
C.J. HESS MALCOM & JANICE KAY JONES
11920 S.W. PACIFIC HWY. 9885 S.W. SATTLER
TIGARD, OR 97223 TIGARD, OR 97223
TL 2400-
IRVINE WAYNE & CHRISTINE BLACK 1513
14945 S.W. 100TH AVENUE DWIGHT & LATHADA MATNEY ,
TIGARD, OR 97224 14980 S.W. 100TH
TIGARD, OR 97224
2500 1514
ROBERT & KAREN SMITHSON WILLIAM RIVERMAN
P.O. BOX 174 14950 S.W. 100TH
BEAVERTON, OR 97005 TIGARD, OR 97223
2600 1517
JOHN & LORRINE NELSON ALLAN & DEANNA NELSON
14915 S.W. 100TH 9955 S.W. SATTLER
TIGARD, OR 97223 TIGARD, OR 97223
2601 1519
RONALD & BETH HALE JEROME & SHARON VOLK
14915 S.W. 100TH 14910 S.W. 100TH AVENUE
TIGARD, OR 97223 TIGARD, OR 97223
2700 1520
DONALD & BONNIE THOMAS DONALD & IDA COMEGYS
14940 S.W. 103RD 15060 S.W. 100TH
TIGARD, OR 97223 TIGARD, OR 97223
�
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-
CITY OF I
_LIGARD_,_ OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: July 11, 1988 DATE SUBMITTED: June 30, 1988
ISSUE/AGENDA TITLE PREVIOUS ACTION: None
Vacation Request — Murdock Hill
Drainage EasenW�it PREPARED BY: Development Svc
DEPT H[ADIOK CITY ADMI ESTED BY: Community Development Dept
POLICY ISSUE
Council initiated easement vacation request — consistent with Council policy
as adopted by Resolution No. 87-30.
INFORMATION SUMMARY
Recently, the owner of an older subdivision lot off 100th Avenue just north of
Sattler Street, relocated a public drainage system to provide for the
development of the lut. The former drainage system which was in a poor
location, was covered by a public easement to allow for maintenance and
operation. However, now that the system has been relocated, there in no
longer a need to retain this portion of the uauement. Given the circumstances
and system relocation efforts by the property owner, staff is recommending
that Council initiate this vacation and all costs associated with the vacation
be paid by the City.
'
ALTERNATIVES' .
1 . Approve the attached resolution calling for a public hearing on
August 22' 1988.
2. Take no action at this time and require the property owner to circulate
a formal vacation petition.
FISCAL IMPACT
1 . All fees and staff time to be paid by the City (approximately $250) .
SUGGESTED ACTION
Staff recommends Council approve the attached resolution calling for a public
hearing on August 22, 1988.
-
br/5664D
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CITY OF TIGARD, OREGON
RESOLUTION NO. 88-L-5
A RESOLUTION CONCERNING VACATION OF A PORTION OF THE PUBLIC DRAINAGE EASEMENT
LOCATED WITHIN MURDOCK HILL, A RECORDED SUBDIVISION PLAT IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, a vacation request has been received and filed with the City Recorder
for vacation of a portion of the public drainage easement within the
subdivision of Murdock Hill; and
WHEREAS, the public drainage system within this portion of the subdivision has
recently been relocated, and the easement is no longer needed in its original
alignment;' and
WHEREAS, all abutting property owners have demonstrated support for the
vacation; and
WHEREAS, the Tigard City Council finds it desirable to initiate. vacation
proceedings for said public easement.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
(1) The Tigard City Council initiates the vacation request with the
understanding that those property owners who would normally sign a
petition shall be notified by mail of the proceedings.
(2) A public hearing is hereby called to be held by the City Council on
Monday, August 22, 1988, at 7:30 p.m. at the Tigard Civic Center Town
Hall Room, 13125 SW Hall Boulevard, within the City of Tigard, at
which time and place the Council shall hear any objections thereto,
and any interested person may appear and be heard for or against the
proposed vacating of said lands.
(3) The City Recorder be, and she is hereby, authorized and directed to
cause to have published in the Tigard Times, a newspaper of general
circulation in the City of Tigard hereby designated for such purpose,
a notice of said hearing in the form hereto attached and by this
reference made a part hereof, the first publication to be July 21,
1988, and once each week thereafter for five publishings in all.
The Recorder be, and she is hereby, further directed to cause to have
posted within five (5) days after the date of first publication, a
copy of said notice in the form attached, at or near each end of the
area proposed to be vacated.
RESOLUTION NO. 88-_(pL
Page 1
(4) The particular portion of public drainage easement proposed to be
vacated is described on the attached sheet headed Exhibit "A" and by
reference made a part hereof.
PASSED: This 4h day of A , -ix/L-- 1988.
ATTEST: Mayor - City of Tigard
Cl-ty Recorder City 6f Tigard Ll
D-4�
APPROVED A'S TO FORM:
VCity Recorder
Date
br/5664D
RESOLUTION NO. 88
Page 2
EXHIBIT "A"
A portion of a ten—foot lot storm drainage easement located in the northwest
quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian,
City of Tigard, Washington County, Oregon, being described as follows:
Beginning at the southeast corner of Lot 6, Murdoch Hill, a recorded plat,
Washington County Plat Records; thence North 890 47` 27" West, 6.95 feet to
the True Point of thence North 70 46' 13" West, on the easterly
edge of said storm drainage easement, 64. 10 feet; thence North SU» 29' 53"
West, on said easterly edge, 92.91 feet to a point that lien five feet, when ~
measured a right angles from, the north line of said lot 6; thence North 890
57' Ol" West, parallel with said north line, 15.74 feet to the westerly edge
'
of said storm drainage easement; thence South 500 29' 53" East, on said
westerly edge, 101 . 16 feet; thence South 70 46' 13" East, 40.70 feet to the
south line of said Lot 6; thence South 800 47' 27" East, on said south line,
10. 10 feet to the true point of beginning.
ht/5552D
PROFIESSIONAL
L UR
6-1--c I.- 4VA140_1_�
OREGOW
JANUARY Vj.t%7
JON T. FEIGION
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NOTICE OF MURDOCK HILL DRAINAGE EASEMENT VACATION
The Tigard City Council will hold a public hearing on Monday, August 22, 1988
at 7:30 PM at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard,
Tigard, Oregon to consider the proposed vacation of a portion of a public
drainage easement within the subdivision plat of Murdock Hill, in the City of
Tigard. The request was initiated by the City Council on July 11, 1988 at the
request of adjoining property owners. Any interested person may appear and be
heard for or against the proposed vacation of said lands. Any written
objections or remonstrances shall be filed with the City Recorder by August
22, 1988, by 7:30 PM.
TT Public July 21, 28 and August 4, 11, and 18, 1988
br/5664D
3a R8
J4,11 1 . a"`' ^7,K
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WNSOLIDATED FIRE AND RESCUE
Washington County Fire District No. 1
City of Beaverton Fire Department
Tualatin Fire District
8455 S.W.Elligsen Road 9 P.O.Box 127 * Tualatin,Oregon 97062 • (503)682-2601
June 29, 1988
Randy Clarno
City of Tigard
P.O. Box 23397
Tigard, OR 97223
Dear Mr. Clarno,
The Tualatin Fire District has reviewed the attached plans to
vacate portions of streets within the City of Tigard. We have no
objections to these closures and appreciate the opportunity to
provide the input.
Sincerely,
Tom Thompson, Director
Strategic Planning Division
TT/nd
Attachment
AAAW AW
wivantene
C A B L E T V
June 29, 1988
City of Tigard
Attn: Randy S. Clarno
13125 SW Hall Blvd.
Tigard, OR 97223
Subject: Vacations
Gentleman;
At this time, Willamette Cable TV has existing facilities
located in the public right-of-way. We are presently attached
to the existing power poles in the following Vacations:
1. A portion of SW North Dakota Street
2. A portion of SW 79th Ave.
3. Unnamed right-of-way near Greenburg & Hall
-The vacations not noted here do not at present have existing
utilities. We would appreciate at least two weeks notice before
any work is to be started on the above vacations. I have attached
maps of our facilities of the indicated areas.
If you have any further questions, feel free to call or
write. Thanks.
Sincerely,
Crab A. Eyestone
Operations Engineer
CAE/dij
enclos.
14200 Southwest Bfl,"idoofi Cmirl - Re,ivcrton, Oregon 97005 (503i 644 3188
,--inter-Office M,..no
17�1
General Telephone Company
Date: June 27,1988 of the Northwest, Inc.
Subject: VACATION NOTICE - 5475D
From: R.M. Olsen, Service Supervisor - Engineering, Tigard
To: Randy S. Clarno-, Development Service Mgr-, P.O. Box 23397, Tigard 97223
GTE Northwest Incorporated has facilities along 79th Avenue South of
Bonita Road (Iten # 1 on your list of five vacation proposals).
Please provide a private easement to protect our interests.
Thank you,
R.M. Olsen
R.M.O:bt
Attachment:
609123(11 85)
NORTHWEST NATURAL GAS COMPANY
220 N.W.SECOND AVENUE PORTLAND,OREGON 97209
(503) 226-4211 June 23 , 1988
City of Tigard
Attn: Randy S. Clarno
P.O. Box 23397
Tigard, Oregon 97223
Re: Proposed Vacation of Utility Easement - Lot 6,
Murdock Hill, T2S, RlW, 11CB
Dear Mr. Clarno:
Please be advised that Northwest Natural Gas Company
has no facilities within the proposed vacation area.
We would, therefore, have no objection to the City
vacating the area.
Please notify us when the vacation is complete so
that we can update our records accordingly.
Sincerely,
Diantha G. Beal
Engineering Department
CC: R. Polvi
Vacation File
Plat : 45-19
46-19
MEM0RAN0<kM
CITY OF TICARD' OREGON
TO: Keith Liden, Senior Plannur, June 23, 1988
FROM: Randy CIarno, Development Services Manag'ri��"
\ /
SUBJECT: Scheduling of Street and Easement Vacations before Planning
Commission
Per our recent discussion, I would like to schedule several street and
easement vacations before Planning Commission in July and August. My proposed
schedule is as follows:
1 . A portion of SW North Dakota Street 8 ['�� 0,;A02. A portion of SW 79th Avenue
3 . A portion of SW Washington Street
1 . Public Utility Easement - lot 6' Murdock Hill /
2. Franklin Commons public right-of -way
Let me know when the deadlines are for submitting materials ou I can prepare a
short memo and map. We need to emphasize to the Commission that their review
in to focus on land-use, not facilities . Thanks .
ht/6551D
CITYOF T1GARD
June 20, 1988 OREGON
Bob Santee
Tigard Water District
8841 SW Commercial Street
Tigard, OR 97223
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions of
approval you would recommend to protect your interests.
Area to Be Vacated Problems to Be Addressed
1. A portion of SW 79th Avenue *Existing 8" Ductile Iron Pipeline
2. Utility easement - Lot 6, Murdock Hill None
3. A portion of SW North Dakota Street *Existing 6" Cast Iron Pipeline
4. A portion of SW Washington Street None
CONDITIONS FOR APPROVAL;
r *Easements for these pipelines must be included in any proposed vacations.
(See attached maps showing existing pipelines in red)
ROBERT E. SANT T EE
Due to time constraints, please return this letter and any concerns you have
regarding this matter by Monday, July 8, 1988 to me at the address below.
Thank you for your help. j
Sincerely,
Randy S. Clarno
Development Services Manager
ht/5475D
13125 SW Nall Blvd.,P.Q.Box 23347,Tigard,Oregon 97223 (503)639-4171
CITYOFTIIFAPD
June 20, 1988 OREGON
C'-�'
Jim Ryan
PGE Company
14655 SW Old Scholls Ferry Rd
Beaverton, OR 97005
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions of
approval you would recommend to protect your interests.
Area to Be Vacated Problems to Be Addressed
1. A portion of SW 79th Avenue tdF-E0 _ Ep.&sMrr,4T- r,.p- Ac.E- L.,4rz
2. A portion of SW Washington Street
3. Unnamed Right-of-Way near
Greenburg and Hall.
4. A portion of SW North' Dako-ta Street fz.N!5E-&4'r 5:6r?- 0Qr--tZkI-:P--j> P.,L
5. Utility easement Lot 6, Murdock VIAP5 stw,-v Arr, SF-r-O'CE.
Hill (-&,r &. - P:�;E s,,P-vrYoizs- Met-
Coe,-CK--- 7- SVE IF- -CmIF- swixoscL
is I"V
Due to time constraints, please return this letter and any concerns you have
regarding this matter by Monday, July 8, 1988 to me at the address below.
Thank you for your help.
Sincerely,
Randy S Clarno&
Development Services Manager
ht/5475D
13125SWFIOII Blvd.,P.O.Box 23397,11gard,Oregon 97223 (,503)639-4171
'
June 20, 1988
The City of Tigard is considering vacation of the areas shown on the attached
maps . Pleaou respond, in writing, with regard to any concerns you fureuee
should these proposed vacations be approved . Also, cite any
you would recommend to protect your interests .
Area to Be Vacated Problems jq,Pp,jqjrqssed
1 . Utility easement — Lot 6
Murdock Hill .
Dum to time constraints, please return this letter and any concerns you have
regarding ihix matter by Monday, July 8' 1988 to me at the address below.
Thank you for your help.
Sincerely,
Randy S. Clarno
Development Services Manager
ke/5475D
Jim Ryan
PGE Cumpany
14055 SW Old Sohullo Ferry Road
Beaverton, OR 97005
Jack Mill,,
Northwest Natural Gas Co,
210 NW Second Avenue
Portland, OR 07209
Bob Olson
General Telephone Cocmpany
P0 Box 23416
Tigard, OR 97223
Bob Santee
Tigard Water District
8841 SW Commercial Street
Tigard, OR 07223
Tom Thompson
Tualatin Rural Fire Protection District
PD Box 127
Tualatin' OR 97002
102 1 ",26
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