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2001-115241 ~ Beveland Street ~ 72nd Avenue } y. Wasilon County,Oregon (�/{ 11/0812001 10:18:04 AM 2001-115241 D•VAC Cnt=1 Stn=13 I REED $30.00$6.00$11.00$70.00 •Total=$117.00 00001884200101152410060064 I,Jerry Hanson,Director of Assessment andTaxation and Ex-Officio County Clerk for Washington County, do hereby certify that the within instrument of writing was received and recorded In the book of records or said county. �, Jerry R.Hanson,Director saessment and Taxatlon, Ex-ORielo County Clerk RET(3RN RECORDED DOCUMENT'- Attachment I CITY RECORDS SECTION, CITY OF TIGARD 13125 SW Hall Blvd. Tigard,OR 97223 CITY OF TIGARD,OREGON 2001-115241 ORDINANCE NO. 01-JL AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD,WASHINGTON COUNTY, OREGON(VAC2001-00002). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on July 10, 2001, and WHEREAS, the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public; and WHEREAS, SW Beveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection; and WHEREAS, the applicant has requested that the City of Tigard vacate the approximate 11,702 square foot portion of public right-of-way; and WHEREAS,the said portion of public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to vacate the requested public right-of- way; WHEREAS,the City will no longer have maintenance responsibility of this area; and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed 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 at a public hearing on August 28, 2001, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130. ORDINANCE No.01-1 I i:\citywide\ord\VACBEVELANDORD.doc Page I of 2 2001-115241 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit "A" and Exhibit "B" and by reference, made a part hereof SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By (AfWV^DUS vote of all Council members present after being read by number and title only, this o-r6l:zl day of--4-c� 2001, "Catherine'Wheatley, City'Recorder APPROVED: By Tigard City Council this cxJ6 day of ' 2001. Go r Approved as to form: V�— 'C*Attorney— =�t�4 c Date COMW to be a 7hoo Copy d 06 Fk ORDINANCE No.01- I i:\citywide\ord\VACBEVELANDORD.doe Page 2 of 2 2001-115241 Exhibit A G[tiffiN LANd SURVEyiryq 1.2700 SW North Dakota St.-Suite 180,PMB 216-Tigard,Or.07223 Office:(503)579.8503 Fax:(503)579-6823 April 30,2001 S.W.Beveland Road -Right of Way Vacation Legal Description . A portion of SW Beveland Road as platted in "Hermoso Park", a subdivision filed In Washington County Plat Records, situated in the NE 114 of Section 1, T.2S., R1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows; Beginning at the Southwest corner of Lot 16 of said"Hermoso Park"; Thence Easterly along the North right of way line of said SW Beveland Road to a point 46 feet westerly, when measured-at right angles,from the centerline of SW 72nd Avenue; Thence parallel with said centerline, S 2033'30" W, 30.17 feet to the centerline of said SW Beveland Road; Thence continuing parallel with the centerline of said SW 72nd Avenue, S 2033'30" W, 22.37 feet; Thence along the are of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 22°24'32" (chord bears S 13°45'46"W, 7.77 feet) a distance of 7.82 feet to the South right of way line of said SW Beveland Road; Thence along said South right of way line, N 81`5472"W, 150.17 feet; Thence along the arc of a non tangent cUrve concave Northeasterly, radius point bears N 29.27'42" E, 245.00 feet, through a central angle of 9'16`59" (chord bears N 55°53'48" W. 34.65 feet) a distance of 39.69 feet; Thence along the are of at reverse ourve concave Southwesterly, having a radius of 305.00 feet, through a central angle of 6'3526"(chord bears N 54"03'02"W. 29.75 feet) a distance of 29.75 feet to a point S$'05'38"W from.the Southwest corner of said Lot IS; Thence N 8'05'38" E, 28.71 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared In March 2001 by Minister Glaeser Surveying Inc. P.EGISTERED PROFESSIONAL LAND�S�URVEYOR OREGON MN KENNETH 0.GRIFFIN 4 1 rA'3 Q s� Y 34V p++LL MS '1 s Am { N S f Wra�J t+ a ttagN �3 U h';,�i4 Fj iL'n N c� u h�~ 1 S �c Nt�x N� y rls . oi Exhibit C 0 3 L X o 728!4 R LF O O z G) D X b } O x o � � z 69 VE 69TH z of 68TH Ca 1 o_ CL d ffl IOU rTll r"ar ZIP. Fi if r" y « cs [[ A �p � L'.Pi.A' oIca, 21 u =t3l C;�, ocs � Iltill 3 z T c ,'`''., I I if a a 11 11 20Q1-115241 MINUTES TIGARD CITY COUNCIL MEETING AUGUST 28, 2001 Council Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:32 p.m. to discuss labor negotiations under ORS 192.660(1 d). Council convened into Study Session at 7:00 p.m. • STUDY SESSION > STRATEGIC PLANNING DISCUSSION City Manager Monahan led the discussion on strategic planning. Mr. Monahan referred to information summarized from an Executive Staff review of the strategic plan. Mr. Monahan noted the financial issues facing the City of Tigard. Council discussed tax increment financing options that may work for the Washington Square area. In response to a comment from Councilor Scheckla that Metro should also contribute to the Washington Square area, Mr. Monahan advised that Metro is a clearinghouse for funding; therefore, it is valuable to have a plan in place to justify requests for funding. Mr. Monahan referred to information distributed to the City Council with regard to the Washington County cities' tax rate comparison. (Tax rate comparison table is on file with the City Recorder.) He noted that Tigard compares favorably to other cities in Washington County. Staff has determined a need to evaluate current fees and consider potential fees to ensure that the people who are requesting services are paying for services. With regard to the information distributed to the City Council, Mr. Monahan noted that the Financial Plan is a living document that is a tool for planning and adjusting. Councilor Dirksen noted the benefit of establishing a priority list is to promote a "domino effect" that make it more clear as to which priority must be addressed first before another can be brought forward. > ADMINISTRATIVE ITEMS • Council reviewed a memorandum from Barbara Shields, Long Range Planning Manager regarding Metro 2040 Fundamentals Discussion. A recent public opinion survey was prepared by Metro to develop COUNCIL MINUTES — August 28, 2001 page 1 information regarding public attitudes in the region toward growth management. A complete report will be sent to the City of Tigard soon. Councilor Scheckla asked for a copy of the full report when received. • City Manager noted that joint meeting with the City of Tualatin is scheduled for October 15 in Tualatin to begin at 6 or 6:30. Details are being finalized. • The League of Oregon Cities' (LOC) request for assistance to fund litigation that challenges cities' authority to charge franchise fees for the use of telecommunications in public right of way was discussed. Council received a memorandum dated August 27, 2001, to Bill Monahan from Craig Prosser regarding this issue and a copy of this memorandum is on file with the City Recorder. Consensus of Council was to support staff's recommendation to support LOC's request for assistance in funding legal fees in this litigation. • Council briefly discussed the plans for the upcoming meeting to celebrate the City's 40`h birthday, September 11, 2001. • City Manager Monahan noted that Attorney Ed Sullivan has asked for a waiver of conflict of interest to represent Ken Rea, who desires to convert a home on Tigard Street to an office. After brief discussion, consensus of the City Council was to approve a waiver of conflict interest. Business meeting convened at 7:30 p.m. 1. BUSINESS MEETING 1.1 Call to Order- City Council & Local Contract Review Board 1.2 Roll Call - Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla 1.3 Pledge of Allegiance 1.4 Council Communications 8i Liaison Reports: None. 1.5 Call to Council and Staff for Non-Agenda Items: None. 2. VISITOR'S AGENDA: None. 3. PROCLAMATIONS: Mayor Griffith issued the following proclamations: a. Proclamation - Disability Employment Awareness Month, October 2001 b. Proclamation - National Alcohol and Drug Addiction Recovery Month, September 2001 C. Proclamation - Undoing Racism Day, September 20, 2001 COUNCIL MINUTES — August 28, 2001 page 2 4. CONSENT AGENDA - Motion by Councilor Moore, seconded by Councilor Patton, to approve the Consent Agenda: 4.1 Approve Council Minutes: June 26, 2001 4.2 Local Contract Review Board a. Award Contract for the Construction of Fiscal Year 2001-2002 Pavement Major Maintenance Program to Eagle-Elsner b. Award Contract for the Construction of Fanno Creek Trail — Segment 3 (Tiedeman Avenue to Woodard Park) to Tri-Mountain Excavating c. Approve Purchase of Four 2002 Ford Victorias from Gresham Ford 4.3 Support Participation in the ICMA International Resource Cities Program — Resolution No. 01-53 The motion was approved by a unanimous vote of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 5. RECOGNITION OF NANCY IRWIN AND LARRY BECK FOR SERVICE ON THE LIBRARY BOARD Mayor Griffith presented to Nancy Irwin a Certificate of Appreciation and a City of Tigard logo pin. (Mr. Beck was unable to attend the meeting.) 6. CONSIDER APPROVING THE NEW TIGARD LIBRARY CONSTRUCTION COMMITTEE'S RECOMMENDED SITE FOR THE PROPOSED NEW LIBRARY Library Director Margaret Barnes introduced New Library Construction Committee members George Burgess and David Chapman. A PowerPoint presentation was reviewed with the City Council and is on file with the City Recorder. Mr. Burgess gave background of the Committee's membership and reviewed that "Site E" was the site the Committee recommended for the proposed new library. This site is located along the east side of Hall Boulevard across from the intersection at O'Mara Street. A digital photograph is on file with the City Recorder depicting the site location. Mr. Burgess also reviewed the criteria established by the Committee for site selection. He asked the City Council to accept this site. COUNCIL MINUTES — August 28, 2001 page 3 Mr. Chapman noted that the New Library Construction Committee unanimously selected "Site E." He asked that the City Council direct City Staff to enter negotiations to enter into negotiations with the property owner to place an option on the site. Discussion followed with the City Council members. It was noted that nothing in the proposed concept for the building or site development would affect the wetland area. Motion by Councilor Dirksen, seconded by Councilor Moore, to accept"Site E." The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes Motion by Councilor Moore, seconded by Councilor Patton, to authorize the staff to enter into negotiations with the property owner for an option on the property. The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 7. HEAR AN INITIAL PROGRESS REPORT FROM THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE City Engineer Gus Duenas introduced Task Force Member Bev Froude. A PowerPoint presentation was reviewed with the City Council and copy of the presentation is on file with the City Recorder. The Task Force was formed by the City Council to evaluate reasons for failure of the November 2000 transportation bond measure and to determine funding strategies. The Task Force met four times since April 2001. Tonight's report is the initial report to the City Council. The Task Force is seriously considering recommending implementation of a street utility fee for maintenance and is continuing to review other funding sources for street improvements. The presentation included an in- depth look at street maintenance, including preventative and corrective maintenance. COUNCIL MINUTES — August 28, 2001 page 4 Funding is also needed for widening and reconstruction of major collectors to meet existing and future traffic demands and to meet current geometric alignment standards. It was noted that preventative maintenance pays off by increasing the life of a street before major work is needed. After the presentation, City Council discussed the feasibility of implementing a street utility fee for the City of Tigard. Majority consensus of City Council was favorable. Councilor Scheckla said he was reluctant to agree to this type of fee and was concerned about how this would be accepted by citizens. He also referred to past issues he has had concerning SW North Dakota Street. Motion by Councilor Patton, seconded by Councilor Moore, to go forward with the study of the street maintenance fee. The motion was approved by a majority of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - No In response to a question from Mayor Griffith about whether the Task Force is looking into a proposing a bond measure, Councilor Moore advised that at this time such an effort has been set aside and possibly reconsidered in about three years. 8. QUASI-JUDICIAL PUBLIC HEARING — CONSIDER AN ORDINANCE VACATING APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2001-00002) REQUEST.- The applicant is requesting that the City of Tigard vacate an unused portion of public right of way on SW Beveland Street, west of SW 72"d Avenue. Southwest Beveland Street west of SW 72"d Avenue has been relocated south to align directly with SW Beveland Street east of SW 72"d Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right of way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, the old right of way for SW Beveland Street has effectively been abandoned. LOCATION: The section of SW Beveland Street public right of way, which lies west of SW 72"d Avenue. Date request was filed: May 15, 2001 COUNCIL MINUTES — August 28, 2001 page 5 a. Mayor Griffith opened the public hearing. b. Mayor Griffith asked for declarations or challenges. There were none. C. Community Development Director Jim Hendryx presented the staff report. The City Council was considering the vacation of a portion, approximately 11,702 square feet, of public right-of-way in what is commonly known as SW Beveland Street. d. Public Testimony: • Frank Flynn, Attorney, Stoel Rives, et al, 900 SW Fifth Avenue, Portland, Oregon. Mr. Flynn reported on negotiations among property owners (Mr. and Mrs. Stober and Mr. Wood). Mr. Flynn explained the process wherein the Stobers asked to be reassured that they would maintain full access to their property. Negotiations have been ongoing with regard to the access and easement width. The easement width needs to be modified. City Attorney Ramis advised that a change to the easement width does not appear to be a substantial change. Community Development Director Hendryx confirmed that staff reviewed the request for a change in the easement's width. e. Staff recommended the vacation request be approved as modified by the applicant. f. Mayor Griffith closed the public hearing. g. Council consideration: Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt Ordinance No. 01-11. ORDINANCE NO. 01-11 — AN ORDINANCE CONCERNING VACATION OF APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC 2001-00002). The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes COUNCIL MINUTES — August 28, 2001 page 6 9. CONSIDERATION OF A RESOLUTION ADOPTING THE FINAL ORDER APPROVING THE BLUE HERON PARK SUBDIVISION (SUB2001-00001, ZON2001-00002, SLR2001-00003, VAR2001-0002) On June 11, 2001, the Planning Commission denied a request for approval of an 18-lot subdivision on 4.15 acres. The lots are to be developed with attached single-family homes. Lot sizes within the development average just over 3,800 square feet. Development is to be clustered on the west side of the development site, allowing for the preservation and enhancement of the pond, wetland, and stream area on the eastern portion of the property. A sensitive lands review is required for the development due to the presence of steep slopes, a wetland, and a natural drainageway on the site. On June 22, 2001, an appeal was filed regarding the Planning Commission's denial of the project. On August 14, 2001, the Council held a public hearing on the appeal; the proposed resolution adopting the Final Order is now before the Council. LOCATION: 12450 SW Walnut Street; WCTM 2S103BC-03900. The project site is located on the south side of SW Walnut Street, opposite of SW 124' Avenue and west of SW 121" Avenue. 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. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapter 18.390. Planning Manager Dick Bewersdorff presented the staff report. Mr. Bewersdorff highlighted the elements of the Final Order, including four additional City Council conditions. The four conditions addressed fencing adjacent to dwelling units, the planting of two-inch caliper trees in setbacks, establishment of an escrow account to recover damage to retained trees over 12 inches in caliper, and study of the need for a painted crosswalk at the intersection of 124th Avenue and a private street. City Council discussed elements of the findings. It was noted that the development will have good-neighbor fencing on the developed portion of the site. There was lengthy discussion on the escrow account to recover damage to retained trees over 12 inches in caliper. Fifty-one trees were potentially affected by construction. Total value for these trees was estimated to be approximately $200,000. Safeguards to protect trees included the provision that the applicants are responsible for the trees and if damage occurs, then $47,000 would be charged for additional mitigation. Mr. Matt Sprague and Mr. Al Jeck were present to represent the applicant. Mr. Jeck advised that the third condition added by the City Council with regard to the COUNCIL MINUTES — August 28, 2001 page 7 security to cover the value of the trees was of concern. He asked for flexibility in the pledging of funds to meet the intent of the third condition, which is to protect trees. There was discussion with regard to how such wording should be set forth in the Final Order. Councilor Moore said the wanted to be sure that the trees were protected, but also not encumber the development with an unnecessary requirement. If a line-of-credit would accomplish the intent of this condition, then this would be acceptable to Councilor Moore. City Attorney Ramis suggested using the word "security" in a form acceptable to Planning Director in the amount of $100,000 to cover the value of all 12-inch or greater trees. It was noted that the proposed resolution would need to be amended to reflect this change. Motion by Councilor Moore, second by Councilor Dirksen, to adopt Resolution No. 01-54 with the Findings and Final Order as amended to be signed after review by the Mayor. Councilor Dirksen clarified that the damage to trees, as referred to in the Final Order, would be "caused by construction." Motion was approved by a majority of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - No Council meeting recessed at 9:00 p.m. Council meeting reconvened at 9:10 p.m. 10. PUBLIC HEARING - CONSIDER A ZONE ORDINANCE AMENDMENT TO EXEMPT CERTAIN EXISTING BUILDINGS ABUTTING MAIN STREET FROM ADDITIONAL OFF-STREET PARKING IN CERTAIN CIRCUMSTANCES (ZOA2000-00004), AMENDING CHAPTER 18.765 OF THE TIGARD COMMUNITY DEVELOPMENT CODE The City of Tigard is requesting approval of a Zone Ordinance Amendment to allow existing buildings directly abutting Main Street to be exempt from having to add additional off-street parking for a change of use. However, construction of new buildings and entertainment uses abutting Main Street will be required to meet the off-street parking standards according to Table 18.765.2 (Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking Requirements) in the Tigard Community Development Code. LOCATION: All properties abutting SW Main COUNCIL MINUTES — August 28, 2001 page 8 Street. ZONE CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent to the R- 40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APKICABLE REVIEW CRrF'ERIA: Statewide Planning Goals 1, 2, 5 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3 and 5.3; and Community Development Code Chapters 18.380, 18.390 and 18.765. a. Mayor Griffith opened the public hearing b. Community Development Director ]im Hendryx presented the staff report. The issue before the City Council was whether the City Council should adopt an ordinance that would allow existing buildings directly abutting SW Main Street to be exempt from having to add additional off-street parking for a change of use and new construction to replace existing square footage. Construction of new buildings and entertainment uses abutting SW Main Street would be required to meet off-street parking standards according to Table 18.765.2 of the Tigard Community Development Code. Note: The Council considered Agenda Item No. 11 at this point in the meeting while Community Director Hendryx researched the Code to determine how entertainment uses would be affected with respect to the proposed revisions to the Code. He advised that, as an example, a bingo parlor would be required to meet off-street parking requirements. C. Public Testimony: None. d. Staff recommended that the City Council adopt the proposed ordinance. e. Mayor Griffith closed the public hearing. f. Council consideration: Motion by Councilor Patton, seconded by Councilor Moore. to adopt Ordinance No. 01-12. ORDINANCE NO. 01-12 — A ZONE ORDINANCE AMENDMENT (ZOA 2000-00004) AMENDING CHAPTER 18.764 OF THE TIGARD COMMUNITY DEVELOPMENT CODE. COUNCIL MINUTES — August 28, 2001 page 9 The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 11. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE REGARDING PERMIT ISSUANCE CONDITIONS FOR OVERSIZED LOADS City Manager Bill Monahan reviewed the staff report prepared by Chief of Police Ron Goodpaster. He noted restrictions for moving of oversized loads would apply during weekday time periods. Because Council members had questions with regard to the Code language for weekend activity, consideration on this item would be delayed until Chief Goodpaster could clarify his intent with weekend activity. This item was set over to September 25, 2001. (City Recorder's note: City Council reviewed this item on October 9, 2001.) 12. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER APPOINTMENT AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE LIBRARY Library Director Margaret Barnes presented the staff report. The issue before the City Council was whether the City Council should amend the Tigard Municipal Code sections 2.36.030, 2.36.040, 7.100.10 and 7.100.40 to clarify procedures for Library Board member appointment and terms and the procedure for exclusion from the Tigard Public Library. Details of the proposed amendments are contained in the staff report, which is on file with the City Recorder. Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Ordinance No. 01-13. ORDINANCE NO. 01-13 — AN ORDINANCE AMENDING CHAPTERS 2.36.030, 2.36.040, 7.100.10 AND 7.100.40, OF THE TIGARD MUNICIPAL CODE TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER APPOINT AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE TIGARD PUBLIC LIBRARY. COUNCIL MINUTES — August 28, 2001 page 10 The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 13. DISCUSS PROVISIONS OF THE TIGARD MUNICIPAL CODE CONCERNING THE BUILDING APPEALS BOARD Building Official Gary Lampella reviewed the staff report. The question before the City Council was whether Tigard Municipal Code Chapter 2.09, Building Appeals Board, should be revised or retained in its current format_ After discussion with the City Council, the consensus was to reduce the number of board members from 13 to 7 or 8. Mr. Lampella will return to the City Council at a future meeting date with an ordinance to adjust the number of board members. 14. COUNCIL LIAISON REPORTS: None. 15. NON AGENDA ITEMS: None. 16. EXECUTIVE SESSION: No Executive Session was held. 17. ADJOURNMENT: 9:40 p.m. n Catherine heatley, City order Attest: yor, City rd ate: l k-�O v. /-3 rho l) l I:\AUM\CATHY\CCM\01 U828.UUC COUNCIL MINUTES — August 28, 2001 page 11 astl ; '? ! O i� r 0 J �b LQ ma: � W ZQW ZQ 03Q - = *•1 Z oC Z br`t W ¢OW OU3 UJ Lul `l e 00 clOO rd l- O F �- In inz QWZ Oft !Y J fY -- OD Q m� W o:z W ff ora L a� Q O - z O 06 a) Lr, J Q C 3 O Q fn (n O r � J rn t.r Wt Q CR N 0 00 p. � s= LO c N i= V � Attachment 1 CITY OF TIGARD,OREGON ORDINANCE NO.OI--LL AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON(VAC2001-00002). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on July 10,2001,and WHEREAS, the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public; and WIIEREAS, SW Beveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection;and WHEREAS, the applicant has requested that the City of Tigard vacate the approximate 11,702 square foot portion of public right-of-way;and WHEREAS,the said portion of public right-of-way may no longer be necessary;and WHEREAS, the Tigard City Council finds it appropriate to vacate the requested public right-of- way; WHEREAS,the City will no longer have maintenance responsibility of this area;and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed 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 at a public hearing on August 28, 2001, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130. ORDINANCE No.01-1 is\citywide\ord\V ACRF.VF.I.ANDORD.doc Page 1 of 2 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit"A" and Exhibit"B" and by reference,made a part hereof. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor,and posting by the City Recorder. PASSED: By W G.YITAPUS vote of all Council members present after being read by number and title only,this .day of 2001. �n_Q Gly atherine Wheatley,City ecorder APPROVED: By Tigard City Council this c>M day of ,2001• 4 J G i r Approved as to form: Attorney A��" 'k De 30D Date ORDINANCE No.O1- I � i•\citywide\ord\VACBEVELANDORD.doc Page 2 of 2 Exhibit A GRiffiN LANd SURVE !iyq 12700 SW North Dakota St-Suite 180,PMB 216-Tigard,Or.97223 Office:(503)579.8503 Fax:(503)579-6823 April 30, 2001 S.W.Beveland Rodd-Right of Way Vacation Legal Description . A portion of SW Beveland Road as platted in"Hermoso Park", a subdhrisiori filed In Washington County Plat Records, situated in the NE 1/4 of Section 1, T.2S., R1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the Southwest comer of Lot 16 of said"Nermoso Park"; Thence Easterly along the North right of way line of said SW Seveland Road to a point 46 feet westerly,when Measured-at right angles,from the centerline of SW 72nd Avenue; Thence parallel with said centerline. S 2°33'30" W, 30.17 feet to the centerfine of said SW Beveland Road; Thence continuing parallel with the centerilne of said SW 72nd Avenue, S 2°33'30' W, 22.37 feet; Thence along the arc of a curve concave Westerly, having a radius of.20.00 feet, through a central angle of 22°24'32' (chord bears S 13'45'46"W,7.77 feet)a distance of 7.82 feet to the South right of way line of said SW Beveland Road; Thence along said South right of way line, N 81'5422"W, 150.17 feet; Thence along the arc of a non-tangent curve concave Northeasterly, radius point bears N 20.27142- E, 245.00 feet, through a central angle of O'le'59' (chord bears N 55"53'48" W, 39.65 feet)a distance of 39.69 feet; Thence along the arc of at reverse curve concave Southwesterly, having a radius of 305.00 feet, through a central angle of 5°3528'(chord bears N 54'03'02'W.29.75 feet)a distance of 29.75 feet to a point S 8005'38'W frpm.the Southwest comer of said Lot 113; Thence N 8°05'38"E,28.71 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared in March 2001 by Minister-Glaeser Surveying Inc. REGISTERED PROFESSIONAL. LAND SURVEYOR rMMEn0.G MN Exhibit B �NS ta f $�� 3?d f'vlL MS•�ctct s — $y �nrtrzs a ' � S ! AN I nS 5�7� t f�i y8� Ell e SO1 �p V �3Y o� � 3 Exhibit C 3 c r a 3 ��Z 0 V d O 72ND A(� G) O D X X. � O �p c s1 � -moi C N O � � Z VE 69TH y 68TH s n m Y mW � IINI( ^' r= �' � U o 1I - DPW z► n G7 gip+ a =r- -7-1 ---1 f- �wa c� c a z „ ,c W � � a I I 11 p Attachment 1 CITY OF TIGARD,OREGON ORDINANCE NO. 01--�— AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON(VAC2001-00002). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on July 10,2001,and WHEREAS, the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public; and WIIEREAS, SW Beveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection; and WHEREAS, the applicant has requested that the City of Tigard vacate the approximate 11,702 square foot portion of public right-of-way;and WHEREAS,the said portion of public right-of-way may no longer be necessary;and WHEREAS, the Tigard City Council finds it appropriate to vacate the requested public right-of- way; WHEREAS,the City will no longer have maintenance responsibility of this area; and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed 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 at a public hearing on August 28, 2001, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130. ORDINANCE No.O1-I is\citywide\ord\V ACRF.VF.T.ANDORD.doc Page 1 of 2 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit "A" and Exhibit "B" and by reference,made a part hereof. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor,and posting by the City Recorder. PASSED: By Uf)&Y kVY10Us vote of all Council members present after being read by number and title only,this o��"_day of= 1 ,2001. AS Gt "Catherine Wheatley,City ecorder APPROVED: By Tigard City Council this a$ day of '2001. J G t r Approved as to form: Attorney Date ORDINANCE No.01- I i•\citywide\ord\VACBEVELANDORD.doc Page 2 of 2 AFTER RECORDING, RETURN TO: Mr. and Mrs. Louie A. Stober uRAFT 7305 SW Beveland Road Tigard, OR 97223 QUITCLAIM OF EASEMENT Lowe's HIW, Inc., a Washington corporation("Grantor"), releases and quit claims to Louie A. Stober and Jessie L. Stober,husband and wife("Grantee"), a nonexclusive,perpetual easement and right- of-way over and across that certain real property described on attached Exhibit A ("Grantor's Property") for single family residential use only providing pedestrian and vehicular access and egress for such purposes from that certain property described on attached Exhibit B ("Grantee's Property"), and for no other purpose,which access easement is described on attached Exhibit C and shown on the map on attached Exhibit D. The rights of this access easement benefitting the Grantee, their successors or assigns automatically shall terminate and be of no further force or effect in the event said easement is used for purposes other than stated herein. DATED this day of ; , 2001. LOWE'S HIW, INC., [Corporate Seal] a Washington corporation By: Title: Porrindl-2073838.2 0021097-00006 LJKAFT STATE OF CALIFORNIA ) ss. County of ) I a Notary Public for the State of California certify that personally came before me this day of , 2001 and acknowledged that in the capacity of for Lowe's HIW,Inc.,a Washington corporation,being authorized to do so, executed the foregoing Quitclaim of Easement on behalf of the corporation. [SEAL] Notary Public for California My commission expires: Pordndl-2073838.2 0021097-00006 2 Exhibit A Legal Description DRqi- i of Real Property Owned by Lowe's HIW, Inc. A portion of vacated SW Beveland Road situated in the NE 1/4 of Section 1, T.2S., R1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Commencing at the Southwest corner of Lot 15 of "Hermoso Park," a subdivision filed in Washington County Plat Records; Thence perpendicular with the North right-of-way of said SW Beveland Road, S 8°05'38" W, 30.00 feet to the TRUE POINT OF BEGINNING; Thence S 81°54'22" E, 100.72 feet to a point 46 feet westerly, when measured at right angles, from the centerline of SW 72nd Avenue; Thence parallel with said centerline, S 2°33'30" W, 22.37 feet; Thence along the arc of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 22°24'32" (chord bears S 13°45'46" W, 7.77 feet) a distance of 7.82 feet; to the North line of Lot 31 of said "Hermoso Park"; Thence along the North lines of Lots 30 and 31 of said "Hermoso Park," N 81054'22" W, 150.17 feet; Thence along the are of a non-tangent curve concave Northeasterly, radius point bears N 29027'42" E, 245.00 feet, through a central angle of 9°16'59" (chord bears N 55°53'48" W, 39.65 feet) a distance of 39.69 feet; Thence along the arc of a reverse curve concave Southwesterly, having a radius of 305.00 feet, through a central angle of 5°01'31" (chord bears N 53°46'04" W, 26.74 feet) a distance of 26.75 feet to the centerline of said SW Beveland Road; Thence along said centerline, S 81'54'22" E, 107.28 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared in March 2001 by Minister-Glaeser Surveying Inc. Portlndl-2073838.2 0021097-00006 Page 1 of 1 Exhibit B DRAFT Legal Description of Real Property Owned by Louie A. Stober and Jessie L. Stober Parcel 1 Lot 16, HERMOSA PARK, in the City of Tigard, County of Washington, and State of Oregon. Parcel 2 A portion of vacated SW Beveland Road as platted in HERMOSA PARK, a subdivision filed in Washington County Plat Records, situated in the NE 1/4 of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being more particularly described as follows: Commencing at the SW corner of Lot 15 of HERMOSA PARK; thence perpendicular with the north right-of-way line of vacated SW Beveland Road, South 8°05'38" West 30 feet to the centerline of vacated SW Beveland Road;thence North 81'54'22" West 107.28 feet along said centerline; thence North 8°05'38" East 28.71 feet to the SW corner of Lot 16 of HERMOSA PARK; thence easterly along the South boundary line of Lot 16 to the SW corner of Lot 15 which is the terminus of this legal description. Pornlndl-2073838.2 0021097-00006 Page 1 of 1 Exhibit—Q, DRAFT -ss Easement to Stober .. Ingress & Egr Legal Description A portion of vacated SW Beveland Road Oregon, s�onebeingthe mare pal4 of rticularly dJescr described follows: W.N(., City of Tigard, Washington County, g Commencing at the Southwest corner of Lot 15 of ",Her�moso Pari', a subdivision filed in Washington County Ptat'Records, Thence perpendicular with the North O ght Oof way of F BEGINNING;said vacated SW Beveland Road, S B°05'38" W, 30.00 feet to the TRUE P Thence continuing S 8105'38" W, 3.00 feet; Thence parallel with the centerline of said vacated SW Beveland Road, N 81°54'22" W, 55.21 feet; Thence S 65°52'33" W, 25.47 feet; Thence along the arc of a non-tangent curve concave Northeasterly, radius paint bears N 36°52'26" E, 245.00 feet, through a central angle of 1°52'15" (chord bears N 52°11'26° W, a.00 feet)a distance of 8.00 feet; Thence along the arc of a reverse � Southwesterly, 2$.7Qfeet) aius of 3o5.00 feet, d stance of 26.75 through a central ang1., of 5 01 31 hard bears N 53 feet to the centerline of said vacated SW Beveland Road; Thence along said centerline, S 81°54'22" E, 107.28 feet to the point.of beginning. Courses in the above description are derived from a Record of Survey Prepared in March 2001 by Minister-Glaeser Surveying Inc, REGISTERED PR0FESSj*0NAL LAND SURVEYOR L RIZGJULY ft,�ONETH Q.GRIFFIN 214 Exhibit D DRAFT L 0 T 16 2S10TA801804 L O T 1 5 � STOSE4 LOUIE A ZSSIE L 25701AB07900 WHI7F7HORN LLC 1" = 40' H E R M O S O P A R K SW COR. LOT 15 /"HERMOSO PARK" 4B' iN EA G ESS 81�4 22- �a I E r07z8' \ Z C3 07,� � ...5521,�.�_� S 873422- 25.g;,, J.00. 5 BS52'33' W 5,427 � n N 8154'22' w v� 150.17. ,O 1,a7o ; N � I 23.66- C6 3.E8'C6 _ 90-47' TU N 8632'rB" VSA - 25101 AB02706 EAGLE HARDWARE & GARDEN INC, o 2S101A802707 L O T 3 0 EAGLE HARDWARE m & GARDEN INC. Z L 0 T 3 1 N0, RADIUS DELTA LENGTH CHORD BEARING CHORD CI 20, 00' 22'Z4! 32` Z 82' S13'45'46W 7. 77' IRON R00 IN C2 245 9 00' '16'S9' 39. 69' N5S'53'48'W 39. 65' MO0 N_ ,40X C3 30 00' S'01'31' 26, 75' N53'46'04'V 26. 74' 445+00 5 C4 20. 00' 68'R9'42' 23, 91' 559'I?'53'V 1 '22-51/1 CS 245 00' 25.59'58' 111, 18' N73'32'17'V 110. 22' C6 275 00' 35'16'S7' 169 34' N68'53'47-V 166, 68' j C7 1 245, 001 1's2' ISO' 8, 00' NS2'I1'P6'V $ DO' BEVELAND Cad 72"D PUBLIC RIGHT-OF-WAY STREET VACA ION Slide#1 (Topic) It is recommended that Council approve the Vacation as requested by adopting the proposed Ordinance. • City Council initiated the vacation of an approximate 11,702 square foot portion of SW Beveland Street right-of-way, at the intersection of SW Beveland and 72nd Avenue on July 10, 2001 (vac2001-00002). Slide #2 (Vicinity Map) • The portion of SW Beveland Street right-of-way that has been requested to be vacated lies to the north of the newly configured SW Beveland Street and to the west of SW 72nd Avenue. Slide #3 (Site Plan) • The portion of SW Beveland Street right-of-way to be vacated is due to the new alignment of SW Beveland to align directly with SW Beveland Street east of SW 72nd Avenue. If the requested vacation is approved, the vacated land will revert in half-street widths to the abutting property owners to the north located at 2S101AB-01604 and 2S101AB-01900. • The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. • The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, a small portion of parcels 02706 and 02707 remains to the north of the relocated SW Beveland Street and south of the old right-of-way. The left over portion of land is to be quit-claimed to tax lot 2S101AB-01900 to the north after the old right-of-way for SW Beveland Street has effectively been abandoned. Slide #4 (Recommendation) • It is recommended that Council approve the Vacation as requested by adopting the proposed Ordinance. . . . _.. ...._.__........_...... Topic Should City Council vacate an, ,,., approximate 11 ,702 square foot portion of SW Beveland Street public right-of-way, at the intersection of SW Beveland and 72nd Avenue? LI ST YOCINIVY MAP VAC2001-00002 DARTMOUTH-ST BEVELAND STREET - @ 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET STREET VACATION ELMHURST Si - aj _ 1�11 � - - 1 - ...1 . e Ap roximate ar LIN ST77 -- 77 GON 4 E 7 a ..* HAhAPTpN ST . tz t s 7IC'i- ommu n ty ve oPment Pt ete:Ju�IZZI �Zo P I O .APR IL- jot Jill, MAP OF S.W. BEVELAND ROAD RIGHT OF WAY VACATION SW sro)Ae T RO He+rw...Bn°+osc e u =71 A 1 nomAA—v s uNow w )°w°�,°�'we c Ts)orweo+Bor / ' BU MICE Mff MCY EUC£NE P OfABO1BOT t / UBSON MwGS P �srRou)ABo160J t CMNEIJA IAN NAI O+wB0130T ANDERSON wRD4tL C I wNd.£PRO^£R1lES O+wBO+60B NRNP SON PA�C OB£R[.L)N PATRICU ERLY.E+IRS J �N10rAB0f6 -lam OA NO sT���01601w e --.- N t..ESSI£L �510lABOr90p _ IE-MORN uc D SW BE ry —_1� ✓E��D_ ROAD �MiER°pPwosoLOrwYR'RB- n y BER6NMR N wNORUs M/CH�EL RY RtN E TOI£OrABOT>O+ \ �M• E f.ILL A NARO�RE Ts�)OIABRO wwwE o OT>OJ e� Ik t OMOFN L. i. f DAROEN WC. Ns NANECY JUms R —=A rD--A t BARB,wA wN N srHt �MCE _ SW SEVE_LANO STR££_T E1-Hwwc>w . — t c..RDEN B.c TSlo+weoz>o> Ew GLE NARO wwRE r cwROEN Bic O+ACOIDOO wwsNwcloN crouNfY scwooL Ts o 2-.IA=- 7N£— r srriN)J,AsvBic �7N£—A� NOM CFO BfARMO CNMO 1� 'o, UP;A R2600' 2 �>. P�3 00' 29'16'39' 39.69' NJJ•J3'iB'v 39.63' I C3 JOS OO' J•26' 3'D2'Y P9.>J' I T K S rr co AM Staff Recomme'ndat'ion • It is recommended that Council approve the Vacation as requested by adopting the proposed Ordinance. CITY OF TIGARD 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. Visitor's Agenda 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. 309 (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, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA — August 28, 2001 page 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING AUGUST 28, 2001 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(1 d). 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(3), 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. • STUDY SESSION > STRATEGIC PLANNING DISCUSSION • Staff Report: Administration Department 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8t Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. PROCLAMATIONS: a. Proclamation - Disability Employment Awareness Month, October 2001 b. Proclamation - National Alcohol and Drug Addiction Recovery Month, September 2001 C. Proclamation - Undoing Racism Day, September 20, 2001 4. 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: 4.1 Approve Council Minutes: June 26, 2001 4.2 Local Contract Review Board a. Award Contract for the Construction of Fiscal Year 2001-2002 Pavement Major Maintenance Program to Eagle-Elsner COUNCIL AGENDA — August 28, 2001 page 2 b. Award Contract for the Construction of Fanno Creek Trail — Segment 3 (Tiedeman Avenue to Woodard Park) to Tri-Mountain Excavating C. Approve Purchase of Four 2002 Ford Victorias from Gresham Ford 4.3 Support Participation in the ICMA International Resource Cities Program — Resolution No. 01- • 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. 5. RECOGNITION OF NANCY IRWIN AND LARRY BECK FOR SERVICE ON THE LIBRARY BOARD Mayor Griffith 6. CONSIDER APPROVING THE NEW TIGARD LIBRARY CONSTRUCTION COMMITTEE'S RECOMMENDED SITE FOR THE PROPOSED NEW LIBRARY a. Staff Report: Library Staff b. . Council Discussion, Questions, Comments C. Council Motion: Should the Council approve the recommended site for the new library? 7. HEAR AN INITIAL PROGRESS REPORT FROM THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE a. Staff Report: Engineering Staff b. Council Discussion, Questions, Comments 8. QUASI-JUDICIAL PUBLIC HEARING — CONSIDER AN ORDINANCE VACATING APPROXIMATELY 111702 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2001-00002) REQUEST: The applicant is requesting that the City of Tigard vacate an unused portion of public right of way on SW Beveland Street, west of SW 72n1 Avenue. Southwest Beveland Street west of SW 72"d Avenue has been relocated south to align directly with SW Beveland Street east of SW 72"d Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S 101 AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right of way COUNCIL AGENDA — August 28, 2001 page 3 was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, the old right of way for SW Beveland Street has effectively been abandoned. LOCATION: The section of SW Beveland Street public right of way, which lies west of SW 72n1 Avenue. Date request was filed: May 15, 2001 a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Staff d. Public Testimony: Proponent, Opponents, Rebuttal e. Staff Recommendation f. Council Discussion, Questions, Comments g. Close Public Hearing h. Council Consideration: Ordinance No. 01 - 9. CONSIDERATION OF A RESOLUTION ADOPTING THE FINAL ORDER APPROVING THE BLUE HERON PARK SUBDIVISION (SUB2001-00001, ZON2001-00002, SLR2001-00003, VAR2001-0002) On June 11, 2001, the Planning Commission denied a request for approval of an 18-lot subdivision on 4.15 acres. The lots are to be developed with attached single- family homes. Lot sizes within the development average just over 3,800 square feet. Development is to be clustered on the west side of the development site, allowing for the preservation and enhancement of the pond, wetland, and stream area on the eastern portion of the property. A sensitive lands review is required for the development due to the presence of steep slopes, a wetland, and a natural drainageway on the site. On June 22, 2001, an appeal was filed regarding the Planning Commission's denial of the project. On August 14, 2001, the Council held a public hearing on the appeal; the proposed resolution adopting the Final Order is now before the Council. LOCATION: 12450 SW Walnut Street; WCTM 2S103BC-03900. The project site is located on the south side of SW Walnut Street, opposite of SW 124' Avenue and west of SW 121' Avenue. 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. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapter 18.390. a. Staff Report: Community Development Staff b. Council Discussion, Questions, Comments C. Council Consideration: Resolution No. 01- COUNCIL AGENDA — August 28, 2001 page 4 10. PUBLIC HEARING - CONSIDER A ZONE ORDINANCE AMENDMENT TO EXEMPT CERTAIN EXISTING BUILDINGS ABUTTING MAIN STREET FROM ADDITIONAL OFF-STREET PARKING IN CERTAIN CIRCUMSTANCES (ZOA2000-00004), AMENDING CHAPTER 18.765 OF THE TIGARD COMMUNITY DEVELOPMENT CODE The City of Tigard is requesting approval of a Zone Ordinance Amendment to allow existing buildings directly abutting Main Street to be exempt from having to add additional off-street parking for a change of use. However, construction of new buildings and entertainment uses abutting Main Street will be required to meet the off-street parking standards according to Table 18.765.2 (Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking Requirements) in the Tigard Community Development Code. LOCATION: All properties abutting SW Main Street. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent to the R- 40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3 and 5.3; and Community Development Code Chapters 18.380, 18.390 and 18.765. a. Open Public Hearing b. Staff Report: Community Development Department C. Public Testimony d. Staff Recommendation e. Council Discussion, Questions, Comments f. Close Public Hearing g. Council Consideration: Ordinance No. 01 - 11. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE REGARDING PERMIT ISSUANCE CONDITIONS FOR OVERSIZED LOADS a. Staff Report: Police Staff b. Council Discussion, Questions, Comments C. Council Consideration: Ordinance No. 01 - COUNCIL AGENDA — August 28, 2001 page 5 12. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER APPOINTMENT AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE LIBRARY a. Staff Report: Library Staff b. Council Discussion, Questions, Comments C. Council Consideration: Ordinance No. 01 - 13. DISCUSS PROVISIONS OF THE TIGARD MUNICIPAL CODE CONCERNING THE BUILDING APPEALS BOARD a. Staff Report: Community Development Staff b. Council Discussion, Questions, Comments 14. COUNCIL LIAISON REPORTS 15. NON AGENDA ITEMS 16. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statue. 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(3), 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. 17. ADJOURNMENT I:\ADM\CATHY\CCA\010828P.D0C COUNCIL AGENDA — August 28, 2001 page 6 AGENDA ITEM# FOR AGENDA OF 8.28.01 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE:Beveland Street k 72nd Avenue Public Ri t-of-Wa Vacation AC2001-00002 . PREPARED BY:Mathew Scheidegger DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council vacate an approximately 11,702 square foot portion of public right-of-way commonly known as SW Beveland Street? STAFF RECOMMENDATION It is recommended that Council approve the Vacation as requested by adopting the attached Ordinance. (Attachment 1) INFORMATION SUMMARY The City Council initiated this Vacation on July 10, 2001 (Attachment 2, Resolution No. 0142) to consider the above vacation request. The next step in the process is for the City Council to hold a public hearing. For the vacation of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. Stoel Rives, LLP, on behalf of Lowe's Hardware (2S101AB-02706 and 2S101AB-02707), Louie A Stober (2SIOIAB-01604), and Whitethorn, LLC (2SIOlAB-01900), is requesting that the City Council vacate a portion of SW Beveland Street at SW 72nd Avenue. The portion of SW Beveland Street right-of-way that has been requested to be vacated lies to the north of the newly configured SW Beveland Street and to the west of SW 72nd Avenue. The portion of SW Beveland Street right-of-way to be vacated is due to the new alignment of SW Beveland to align directly with SW Beveland Street east of SW 72nd Avenue. If the requested vacation is approved, the vacated land will revert to the abutting property owners to the north located at 2S101AB-01604 and 2S 101 AB-01900. The new alignment was constructed across tax lots 2S 1 OI AB-02705, 2S 101 AB-02706 and 2S 101 AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, a small portion of parcels 02706 and 02707 remains to the north of the relocated SW Beveland Street and south of the old right-of-way. The left over portion of land is to be quit-claimed to tax lot 2SIOIAB-01900 to the north after the old right-of-way for SW Beveland Street has effectively been abandoned. Appropriate agencies have been contacted for comments and no objections were received. These include utility companies and emergency service providers. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachments: Attachment 1 —(Ordinance) Attachment 2—(Resolution No. 01-42 Initiating The Vacation) Exhibits: Exhibit"A"—(Legal Description) Exhibit"B"—(Site Plan) Exhibit"C"—(Vicinity Map) FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees have been paid by the applicant. Attachment 1 CITY OF TIGARD,OREGON ORDINANCE NO. 01- AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON(VAC2001-00002). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on July 10, 2001, and WHEREAS, the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public; and WHEREAS, SW Beveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection; and WHEREAS, the applicant has requested that the City of Tigard vacate the approximate 11,702 square foot portion of public right-of-way; and WHEREAS,the said portion of public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to vacate the requested public right-of- way; WHEREAS,the City will no longer have maintenance responsibility of this area; and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed 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 at a public hearing on August 28, 2001, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130. ORDINANCE No.01- i:\citywide\ord\VACBEVELANDORD.doc Page 1 of 2 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit "A" and Exhibit "B" and by reference,made a part hereof. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of 52001. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 12001. Jim Griffith,Mayor Approved as to form: City Attorney Date ORDINANCE No.01- i:\citywide\ord\VACBEV ELANDORD.doc Page 2 of 2 Attachment 2 CITY OF TIGARD,OREGON RESOLUTION NO.OI- A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE AN APPROXIMATE 11,702 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET AT T THE INTERSECTION OF SW 72ND AVENUFORMINNOWN - WHEREAS,the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public;and WHEREAS,SW Beveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection;and WHEREAS,the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate an approximate 11,702 square foot portion of public right-of-way;and WHEREAS,the said portion of public right-of-way may no longer be necessary;and WHEREAS,the Tigard City Council finds it appropriate to initiate vacation proceedings for the requested public right-of-way vacation_ NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit"A"and Exhibit"B"and by reference,made a part hcrcof. SECTION 2: A public hearing is hereby called to be held by the City Council on August 28,2001,at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard,at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right-of-way. PASSED: This day of J2001. ayor-City f Ti ATTEST: City Recorder-City of Tigard RESOLUTION NO.OI4a-- Page 1 Exhibit A GRiffiN LANd SURVEYiNq 12700 SW North Dakota St.-Suite 180,PMB 218-Tigard, Or.97223 Office:(503)579-8503 Fax:(503)579-6823 April 30, 2001 S.W.Seveland Rodd -Right of Way Vacation Legal Description - A portion of SW Beveland Road as platted in "Hermoso Park";a subdivision filed In Washington County Plat Records, situated in the NE 114 of Section 1, T.2S., R1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the Southwest comer of Lot 16 of said"Hermoso Park"; Thence Easterly along the North right of way fine of said SW Beveland Road to a point 46 feet westerly,when measured-at right angles,from the centerline of SW 72nd Avenue; Thence parallel with said centerline. S 2°33'30" W. 30.17 feet to the aenterfine of said SW Beveland Road; Thence continuing parallel with the centerline of said SW 72nd Avenue, S 2°33'30" W, 22.37 feet; Thence along the arc of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 22°24'32" (chord bears S 13°45'46"W, 7.77 feet) a distance of 7.82 feet to the South right of way line of said SW Beveland Road; Thence along said South right of way line, N 81 154'22"W, 150.17 feet; Thence along the arc of a non tangent Wrve concave Northeasterly, radius point bears N 29.27'42" E, 245-00 feet, through a central angle of 9"1659" (chord bears N 5505348" W, 39.65 feet) a distance of 39.69 feet; Thence along the are of a reverse ourve concave Southwesterly, having at radius of 305.00 feet, through a central angle of 5035'26"(chord bears N 54603102"W.29.75 feet)a distance of 29.75 feet to a point S 8°05'38'W from_the Southwest comer of said Lot 16; Thence N 8°05'38" E. 28.71 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared in March 2001 by Minister-Glaeser Surveying Inc. i REGISTERED PROFESSIONAL. LAND SURVEYOR D xli Ems.oN KENNETH 0.GRIFFIN 4 J • . . %� Exhibit B � �% ■&. 4 fill. mJ . ! � a .,_ x i 4P�z 22` ■ a � _� t . � 14 . . § d; 31 9 - % T�l �® &2• � 7 )� � lkP 2 A $ ■ 211 , � . ! � oaf � s 7 . 3 Exhibit C r 3 L�ti m CD X 0 72ND O z D D X z � 3 � O C: c c' O A � Z U! VE 69TH Z (all O 1 Z y 68TH s n o —� c0rnfi llatl 11 = �ia..�o z►It m Yoh y �j .11� poar 111 tv II 3 � � a z ,, rn rr, 11 !I a u .Z1 CITY OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Mathew Scheidegger, (503) 639-4171 AGENDA: August 28, 2001 TOPIC: A public hearing to consider the vacation of an approximately 11,702 square foot portion of public right-of-way commonly known as SW Beveland Street(VAC2001-00002). BACKGROUND: The portion of SW Beveland Street right-of-way that has been requested to be vacated lies to the north of the newly configured SW Beveland Street and to the west of SW 72nd Avenue. The portion of SW Beveland Street right-of-way to be vacated is due to the new alignment of SW Beveland to align directly with SW Beveland Street east of SW 72nd Avenue. If the requested vacation is approved, the vacated land will revert in half-street widths to the abutting property owners to the north located at 2SIOIAB-01604 and 2SIOIAB-01900. The new alignment was constructed across tax lots 2Sl0IAB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, a small portion of parcels 02706 and 02707 remains to the north of the relocated SW Beveland Street and south of the old right-of-way. The left over portion of land is to be quit-claimed to tax lot 2SIOIAB-01900 to the north after the old right-of-way for SW Beveland Street has effectively been abandoned. COST: N/A is\curpin\mathew\vacation\Beveland..fact sheet.doc AGENDA ITEM# FOR AGENDA OF 8.28.01 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Beveland Street 2 72nd Avenue Public Right-of- ATqy Vacation(VAC2001-00002). PREPARED BY: Mathew Scheide%, DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council vacate an approximately 11,702 square foot portion of public right-of-way commonly known as SW Beveland Street? STAFF RECOMMENDATION It is recommended that Council approve the Vacation as requested by adopting the attached Ordinance. (Attachment 1) INFORMATION SUMMARY The City Council initiated this Vacation on July 10, 2001 (Attachment 2, Resolution No. 0142) to consider the above vacation request. The next step in the process is for the City Council to hold a public hearing. For the vacation of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. Stoel Rives, LLP, on behalf of Lowe's Hardware (2SlOIAB-02706 and 2S101AB-02707), Louie A Stober (2S101AB-01604), and Whitethorn, LLC (2S101AB-01900), is requesting that the City Council vacate a portion of SW Beveland Street at SW 72nd Avenue. The portion of SW Beveland Street right-of-way that has been requested to be vacated lies to the north of the newly configured SW Beveland Street and to the west of SW 72nd Avenue. The portion of SW Beveland Street right-of-way to be vacated is due to the new alignment of SW Beveland to align directly with SW Beveland Street east of SW 72nd Avenue. If the requested vacation is approved, the vacated land will revert in half-street widths to the abutting property owners to the north located at 2S101AB-01604 and 2S101AB-01900. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, a small portion of parcels 02706 and 02707 remains to the north of the relocated SW Beveland Street and south of the old right-of-way. The left over portion of land is to be quit-claimed to tax lot 2SIOlAB-01900 to the north after the old right-of-way for SW Beveland Street has effectively been abandoned. Appropriate agencies have been contacted for comments and no objections were received. These include utility companies and emergency service providers. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachments: Attachment 1 —(Ordinance) Attachment 2—(Resolution No. 01-42 Initiating The Vacation) Exhibits: Exhibit"X'—(Legal Description) Exhibit"B"—(Site Plan) Exhibit"C"—(Vicinity Map) FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees have been paid by the applicant. Attachment 1 CITY OF TIGARD,OREGON ORDINANCE NO. 01- AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON(VAC2001-00002). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on July 10, 2001, and WHEREAS, the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public; and WHEREAS, SW Beveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection; and WHEREAS, the applicant has requested that the City of Tigard vacate the approximate 11,702 square foot portion of public right-of-way; and WHEREAS,the said portion of public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to vacate the requested public right-of- way; WHEREAS,the City will no longer have maintenance responsibility of this area; and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed 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 at a public hearing on August 28, 2001, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130. ORDINANCE No.01- i:\citywide\ord\VACBEVELANDORD.doc Page 1 of 2 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit "A" and Exhibit "B" and by reference, made a part hereof. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of 52001. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 12001. Jim Griffith, Mayor Approved as to form: City Attorney Date ORDINANCE No.0 1- i:\citywide\ord\VACBEVELANDORD.doc Page 2 of 2 Attachment 2 CITY OF TIGARD,OREGON RESOLUTION NO.01- t4,.?— A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE AN APPROXIMATE 11,702 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET AT THE INTERSECTION OF SW 72ND AVEI`n WHEREAS,the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public;and WHEREAS, SW Beveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection,and WHEREAS, the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate an approximate 11,702 square foot portion of public right-of-way;and WHEREAS,the said portion of public right-of-way may no longer be necessary;and WHEREAS,the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation_ NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit"A'and Exhibit"B"and by reference,made a part hcrcof. SECTION 2: A public hearing is hereby called to be held by the City Council on August 28,2001,at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard,at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right-of-way. PASSED: This '�i day of 2001. lvormff -%.W ayor-City f T'Raj/ ATTEST: rva City Recorder-City of Tigard RESOLUTION NO.Ola Page 1 1.�cumin�mrthew\v=\Beveland.Rmlutiomdoc Exhibit A GRiffiN I._ANd SURVEyiNq 12700 SW North Dakota St.-Suite 180,PMB 216-Tigard, Or. 97223 Office:(503)579-8503 Fax:(503)579-6823 ApH130, 2001 S.W.Beveiand Road -Right of Way Vacation Legal Description . A portion of SW Beveiand Road as platted in "Hermosa Park", a subdivision filed in Washington County Plat Records, situated in the NE 114 of Section 1, T.2S., R1 W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the Southwest corner of Lot 16 of said"Hermosa Park"; Thence Easterly along the North right of way line of said SW Beveland Road.to a point 46 feet westerly, when measured-at right angles,from the centerline of SW 72nd Avenue; Thence parallel with said centerline. S 2033'30" W, 30.17 feet to the centerfine of said SW Beveland Road; Thence continuing parallel with the centerllne of said SW 72nd Avenue, S 2033'30" W, 22.37 feet; Thence along the arc of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 22°24'32" (chord bears S 13"4546"W, 7.77 feet) a distance of 7.82 feet to the South right of way line of said SW Beveland Road; Thence along said 5outh right of way line, N 81.54`22"W, 150.17 feet; Thence along the arc of a non-tangent cUrve concave Northeasterly, radius point bears N 29.27'42" E, 245.00 feet, through a central angle of 9016'59' (chord bears N 55°5348' W. 39.65 feet) a distance of 39.69 feet; Thence along the are of a reverse curve concave Southwesterly, having a radius of 305.00 feet, through a central angle of 5°35'26'(chord bears N 54°03'02"W. 29.75 feet) a distance of 29.75 feet to a point S 8°05'38"W from.the Southwest comer of said Lot 1S; Thence N 8°05'38" E, 28.71 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared in March 2001 by Minister-Glaeser Surveying inc. REGISTERED PROFESSIONAi.- LAND SURVEYOR ORE,. �N KENNETH D.GRIFFIN 4 R _ Exhibit B ■ &!_ G � # 2 a� � . k � f| �ƒ . m £_ � | \ !_ � MS k§ » G B§ k p# � � �- § ■2& mK k ■ -#a �� ak k� ` ■��6 ! §2 �K . § � ©� m�;9 C4 '971_ K f§ kBk !! � � �@§g �• %, 2Qan � dmf . �- Exhibit C i3 fl 3 L�ti CD ti 72ND A(.E 0 O z 0 � D 'n -TO -� X > � 3 � o r (� 1 a1 = 'f -oil = r C 1 O N z -n 6 VE 69tH z � r -f z y 68tH 1 -o s CL �; � C(� rnIIa11 0 a - rT-j ^' �_ �' � it 0 11 s .� � zz II 11 = _ z� _ o Y.._s z rr7lCL II N 11 3 11 II NOTICE TO MORTGAGEE,LIENHOCUER,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 0evefopment S(lapingA Better Community CITY OF TIGARD PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY AUGUST 28. 2001 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) 2001-00002 FILE TITLE: BEVELAND @ 72"D PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: Stoel Rives, LLP OWNER: Lowe's Hardware & Garden 900 SW Fifth Ave., Suite 2600 981 SW Powell Avenue Portland, OR 97204-1268 Renton, WA 98055 REQUEST: The applicant is requesting that the City of Tigard vacate an unused portion of public right-of-way on SW Beveland Street, west of SW 72nd Avenue. Southwest Beveland Street west of SW 72nd Avenue has been relocated south to align directly with SW Beveland Street east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72"d intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, the old right-of-way for SW Beveland Street has effectively been abandoned. LOCATION: The section of SW Beveland Street public right-of-way which lies west of SW 72nd Avenue. DATE REQUEST WAS FILED: MAY 15, 2001 THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON JULY 10, 2001 BY SETTING A FORMAL PUBLIC HEARING DATE OF AUGUST 28, 2001. ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY AUGUST 28. 2001 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. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. r 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. 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 (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR MATHEW SCHEIDEGGER, ASSISTANT PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. ST VICINITY MAP VA(2001-00002 DARTMOUTH ST BEYELAND STREET @ 72ND AVENUE W PUBLIC RIGHT-OF-WAY ' STREET VACATION MHURST ST O r Ap roximate ar ERANKLI ST eevE�AND s ST n I A GONV (Q o xoo .00 ow n•1 r1 ao IW W HAMPTON ST City of Tiglad MN...O.O m"n•y b M pRN..b.•U...M7.n0 MOW MvaWfd 1,0 M O.wO.F q•MMO•.OM.b.. lA2!M/w1 N.1 To..e,OR.7u3 iM)HM171 ntlpl-.vatlp.N.tw } CITY OF TIGARD,OREGON RESOLUTION NO. 01- z4Z A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE AN APPROXIMATE 11,702 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET AT THE INTERSECTION OF SW 72ND AVENUE *'" ). " WHEREAS,the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public;and WHEREAS, SW Beveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection;and WHEREAS, the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate an approximate 11,702 square foot portion of public right-of-way;and WHEREAS,the said portion of public right-of-way may no longer be necessary;and WHEREAS,the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit"A"and Exhibit"B"and by reference,made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on August 28,2001,at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right-of-way. PASSED: This — day of J2001. ayor-City f Ti and ATTEST: j-qK4i City Recorder-City of Tigard RESOLUTION NO.014-�— Page 1 I:\cwpinV mthew\v=\Beveland.Resolution.doc Exhibit A GRiffiN L4Nd SURVEYING 12700 SW North Dakota St -Suite 180, PMB 216-Tigard, Or. 97223 Office: (503)579.8503 Fax: (503)579-6823 April 30, 2001 S.W. Beveland Road -Right of Way Vacation Legal Description A portion of SW Beveland Road as platted in "Hermoso Park", a subdivision filed In Washington County Plat Records, situated in the NE 114 of Section 1, T.2S., R1 W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the Southwest comer of Lot 16 of said"Hermoso Park'; Thence Easterly along the North right of way line of said SW Beveland Road to a point 45 feet westerly, when measured at right angles, from the centerline of SW 72nd Avenue; Thence parallel with said centerline. S 2033'30" W, 30.17 feet to the centerline of said SW Beveland Road; Thence continuing parallel with the centerline of said SW 72nd Avenue, S 2°33130" W, 22,37 feet; Thence along the are of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 22024'32" (chord bears S 1304546" W, 7.77 feet) a distance of 7,92 feet to the South right of way line of said SW Beveland Road; Thence along said South right of way line, N 81.54'22" W, 150.17 feet; Thence along the arc of a non-tangent curve concave Northeasterly, radius point bears N 29.27'42" E, 245-00 feet, through a central angle of 9016'59" (chord bears N 55°53'48" W, 39,65 feet) a distance of 39.69 feet; Thence along the orc of a reverse ourve ooncave Southwesterly, having a radius of 305.00 feet, through a central angle of 5035'26' (chord bears N 54003'02"W. 29.75 feet) a distance of 29.75 feet to a point S 8°05'38'W from.the Southwest corner of said Lot 16; Thence N 8"05'38" E, 28.71 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared in March 2001 by Minister-Glaeser Surveying Inc. i EREGISTERED PROFESSIONAL AND SURVEYOR GA XIm KENNETH 0.GRIFFIN .2147 Q )§[ Exhibit B �o � § HN 3 / § 2 ® ` a hal ■ % � m$ * | I 2$ §] I J� . $J§ ■ §� !§� � ¥ §§- k �■ �_- J q ®§- of §$§ ) k§ �$ k2- `` a2 k%§ ■&a# §wmCK I §® §k J §( k/}§ ■�2 \2 2Q. %2 2;aG � /�( �k � ■2� � j . @§� 3 Exhibit C 3 CD r 0 m W y 0 72ND ASF 0 z chi � X_ D o -Ni (D 1 0 _ y 1 = m r x C z m 69T -i VE 69TH z � z y 68TH v 0 a m g riw_ oy n aN.5 c N (*In � II o 11 p ° z T II NII 3 r--- � D Y o a II it CITY OF TIGARD 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. Visitor's Agenda 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. 309 (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, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA — July 10, 2001 page 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING JULY 10, 2001 6:30 PM • STUDY MEETING > Review Health Insurance Coverage Options > Review Council Groundrules > EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statue. 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(3), 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 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8z Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. RECOGNIZE MR. BRUCE ELLIS, FOUNDER OF THE TIGARD FESTIVAL OF BALLOONS a. Staff Report: Administration Department b. Council Comments C. Council Consideration — Resolution No. 01- 3. VISITOR'S AGENDA (Two Minutes or Less, Please) COUNCIL AGENDA — July 10, 2001 page 2 4. 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: 4.1 Approve Council Minutes: May 8 and 15, 2001. 4.2 Receive & File: a. Council Calendar b. Tentative Agenda 4.3 Authorize the City Manager to Submit an Application for a Land and Water Conservation Fund Grant for Improvements to Woodard Park — Resolution No. 01- 4.4 Initiate Vacation of Public Right of Way Located at SW Beveland Street at SW 72"d Avenue — Resolution No. 01- 4.5 Amend Resolution No. 01-33 to Correct the Statement of Tigard's Permanent Property Tax Rate — Resolution No. 01- 4.6 Waive Purchasing Rules 70.020, Screening and Selection Policy for Personal Services Contracts for the Building Division Inspection and Plan Review Contract with Winstead & Associates and Electrical Inspection Services — Resolution No. 01- 4.7 Local Contract Review Board: Award Personal Computer Contracts to Computer Technology Link, Caliber Computer Corporation, Northwest Computing and Precision Computers 4.8 Approve Acquisition of Property Owned by Gerald C. Cach and Nicholas Capistrano for Burnham Street Improvements 4.9 Approve Addendum to the City Manager's Employment Agreement • 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. S. CONSIDER FEE ADJUSTMENT FOR LIQUOR LICENSE APPLICATION PROCESSING a. Staff Report: Police Department b. Council Discussion and Questions C. Council Consideration: Resolution No. 01- 6. CONSIDER THE ESTABLISHMENT OF A REVISED AND ENHANCED SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM a. Staff Report: Engineering Department b. Council Discussion and Questions C. Council Consideration: Resolution No. 01- COUNCIL AGENDA — July 10, 2001 page 3 7. HEAR AN UPDATE ON THE BULL MOUNTAIN ANNEXATION WORK PLAN AND STUDY a. Staff Report: Community Development Department b. Council Discussion and Questions C. Council Direction to Staff— Comments/Suggestions 8. OREGON DEPARTMENT OF TRANSPORTATION — REVIEW SIGNAL LOOP REPLACEMENT PROJECT a. Staff Report: Administration Department b. Overview of Project: Oregon Department of Transportation C. Council Discussion and Questions 9. CONTINUATION (FROM THE JUNE 12, 2001, CITY COUNCIL MEETING) OF PUBLIC HEARING — CONSIDERATION OF THE FORMATION AN ECONOMIC IMPROVEMENT DISTRICT (EID) TO ESTABLISH A FRAMEWORK FOR THE TIGARD CENTRAL BUSINESS DISTRICT (TCBDA) TO CONTINUE TO PROMOTE AND REVITALIZE DOWNTOWN a. Public Hearing Continued b. Review of Proceedings by Staff: Community Development Department C. Public Testimony (Proponents, Opponents) (Review of information requested by the Tigard City Council at the June 12, 20011 Hearing.) d. Recommendation by Community Development Director e. Council Questions or Comments f. Close Public Hearing g. Council Consideration: A motion whether to proceed with formation of the district and schedule a second public hearing. 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS COUNCIL AGENDA — July 10, 2001 page 4 12. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statue. 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(3), 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. 13. ADJOURNMENT 1AADM\CATHY\CCA\010710P.D0C COUNCIL AGENDA — July 10, 2001 page 5 CITY OF TIGARD STREET 4W1 STREET AND EASEMENT VACATION SCHEDULE 200 z00 h:\patty\masters\street and easement vacation schedule.doc 2-Oct-00 V*Abo(40 PROJECT NAME: - SV o�� 2 EXAMPLE, ORS 271.080 ORS 2 to 200' SCHEDULE OF SPECIFIC ACTIVITIES OUTLINED BELOW: Lm °° COUNCIL INITIATION PROCESS: (DATE) �? Council Packet item to Initiate the Vacation Process is due to the Planning Manager (14 DAYS PRIOR TO INITIATION PUBLIC HEARING) CONTENTS OF PACKET k. 1. Fact Sheet 2. Agenda Item Summary 3. Resolution with Legal Description and Map 4. Letter Requesting Vacation l /0 Council Packet"VACATION INITIATION"Item due to City Administration (13 DAYS PRIOR TO THE PUBLIC HEARING) Council INITIATION of,the Vacation Request (VIA BUSINESS MTG. ON THE CONSENT AGENDA, DATE: ) PUBLIC NE RIG ROCESS: (DATE) el Notification to property owners of the area affected based on ORS 271.080 Notice Requirements*(21 DAYS PRIOR TO THE PUBLIC HEARING) I (ORS does not indicate a mail-by date to property owners,therefore,the City's standard public hearing notification timelines are used.) Request for Comments Re:Notice of Intent to Vacate to Staff,Utility Providers,the County and Other Interested Parties (A COUPLE OF DAYS FOLLOWING COUNCIL'S INITIATION/PROVIDE 30 DAYS TO RESPOND TO REQUEST) �3 3 Submit Newspaper Ad to the Newspaper(FRIDAY PRIOR TO THE I" PUBLICATION DATE) , t I"Newspaper Publication (2 FULL CONSECUTIVE WEEKSRP IOR TO THE PUBLIC HEARING/NO LESS THAN 14 DAYS PRIOR TO THE PUBLIC HEARING) Planner Posts Notice on the Subject Site in 2 Conspicuous Places at or near Each End of the Proposed Vacation AreaI(W THIN 5 DAYS AFTER THE FIRST DAY OF PUBLICATION(NO LESS THAN 14 DAYS PRIOR TO THE PUBLIC HEARING) CONTENTS OF POSTED NOTICE "(0 R 071 110)and(T,M.0 15.08.120) 1. Heading entitled "NOTICE OF (What is being Vacated) VACATION" 2. Description of area covered by the petition 3. Date petition was filed 4. Name of at least I petitioner 5. Date when the petition and any objections or remonstrances will be heard and considered (Any objection or remonstrance must be submitted in writing and filed with the City prior to or at the public hearing) 8 / 2""Newspaper Publication(MINIMUM OF I WEEK PRIOR TO THE PUBLIC HEARING) Request for Comments Due Back from Agencies Previously Notified Packet Material/Report Due to the Planning Manager For Review(14 DAYS PRIOR TO THE PUBLIC HEARING) CONTENTS OF PACKET 1. Fact Sheet 2. Agenda Item Summary 3. Ordinance with Legal Description and Map 4. Copy of Resolution Initiating Vacation Packet Material/Report Due to City Administration(13 DAYS PRIOR TO THE PUBLIC HEARING) City Council Pu li Hearing Date on the Vacation Request ) Post Ordinance of the Vacation Proceedings by the City Recorder(ORDINANCE NO.: Ordinance Sent to be Recorded/Filed with Washington County Assessor's and Surveyors Offices in Order to Obtain a Title to the Area Vacated CITY OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Mathew Scheidegger, (503) 639-4171 AGENDA: July 10, 2001 TOPIC: Initiation of vacation proceedings for an approximate 11,702 square foot portion of SW Beveland Street right-of-way, at the intersection of SW Beveland and 72nd Avenue (VAC2001-00002). BACKGROUND: The portion of SW Beveland Street right-of-way that has been requested to be vacated lies to the north of the newly configured SW Beveland Street and to the west of SW 72nd Avenue. The portion of SW Beveland Street right-of-way to be vacated is due to the new alignment of SW Beveland to align directly with SW Beveland Street east of SW 72nd Avenue. If the requested vacation is approved, the vacated land will revert in half-street widths to the abutting property owners to the north located at 2SIOIAB-01604 and 2S101AB-01900. The new alignment was constructed across tax lots 2SIOlAB-02705, 2SIOlAB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, a small portion of parcels 02706 and 02707 remains to the north of the relocated SW Beveland Street and south of the old right-of-way. The left over portion of land is to be quit-claimed to tax lot 2SIOlAB-01900 to the north after the old right-of-way for SW Beveland Street has effectively been abandoned. COST: $1,530.00 application fee covered by applicant. I:\cuipin\mathew\vac\Beveland.City of Tigard Fact Sheet.doc AGENDA ITEM# FOR AGENDA OF 7.10.01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiation of Vacation Proceedings of SW Beveland Street @ SW 72nd Avenue Public Right-of-Way(VAC2001-00002) PREPARED BY: Mathew Scheidm= DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council vacate an approximate 11,702 square foot portion of public right-of-way commonly known as SW Beveland Street? STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached Resolution which sets a formal public hearing date on the vacation for August 28, 2001. INFORMATION SUMMARY For the vacation of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. Stoel Rives, LLP is requesting that the City Council initiate vacation proceedings for a portion of SW Beveland Street at SW 72nd Avenue. The portion of SW Beveland Street right-of-way that has been requested to be vacated lies to the north of the newly configured SW Beveland Street and to the west of SW 72nd Avenue. The portion of SW Beveland Street right-of-way to be vacated is due to the new alignment of SW Beveland to align directly with SW Beveland Street east of SW 72nd Avenue. If the requested vacation is approved, the vacated land will revert in half-street widths to the abutting property owners to the north located at 2S101AB-01604 and 2S101AB-01900. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72"d intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, a small portion of parcels 02706 and 02707 remains to the north of the relocated SW Beveland Street and south of the old right-of-way. The leftover portion of land is to be quit-claimed to tax lot 2S101AB-01900 to the north after the old right-of-way for SW Beveland Street has effectively been abandoned. Appropriate agencies shall be contacted for their comments prior to developing a report for Council consideration. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachments: Attachment 1 —(Letter Requesting Initiation of the Vacation) Attachment 2—(Resolution Initiating the Vacation) Exhibits: Exhibit"A"—(Legal Description) Exhibit"B"—(Site Plan) Exhibit"C"—(Vicinity Map) FISCAL NOTES There are no direct fiscal impacts as a result of this request. All fees have been paid by the applicant. I:\curpin\mathew\vac\Beveland Agenda Item Summary Sheet.doc STOEL RIVES LLP Attachment A T T o R N E Y S RECEIVED PLANNING STANDARD INSURANCE CENTER i 900 SW FIFTH AVENUE,SUITE 2600 �I�PY 200 PORTLAND,OREGON 97204-1268 Phnnt(503)224-3350 1-a,(503)220-2480 TDD(503)221-1045 CITY OF TIGARD Internet:wa wstoel com May 3, 2001 FRANK M. FLYNN Direct Dial (503) 294-9623 email fmflynnQastoel.com Mayor Jim Griffitth and City Council Members City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re: Notice of Intent To File and Petition To Vacate a Portion of SW Beveland Road Dear Mayor Griffitth and City Council Members: This office represents Lowe's HIW ("Lowe's" or the "Petitioner") in matters related to its Tigard store. By common agreement, the Petitioner and Whitethorn, LLC ("Whitethorn"), owner of tax lot 1900, and Louie A. and Jessie L. Stober (the "Stobers"), joint owners of tax lot 1604 (Whitethorn and the Stobers collectively, the "Joint Petitioners"), seek to vacate an unused portion of SW Beveland Road abutting their respective ownerships. This letter is a joint petition under the Tigard Municipal Code (the "Code") chapter 15.08 to vacate a portion of the SW Beveland Road right-of-way ("ROW") west of SW 72nd Avenue in Tigard, Oregon. ORS 271.080(1) establishes that any person interested in any real property in an incorporated city may petition to vacate all or part of a street, avenue, boulevard, alley, plat, public square, or other public place by setting forth a description of the ground proposed to be vacated, the purpose for which the ground is to be used, and the reason for the vacation. The city of Tigard (the "City") has adopted Ordinance 85-01 implementing ORS chapter 271 as it relates to the vacation of streets, ways, public squares, and other public places. Therefore, the Code contains the application requirements and approval criteria relevant to such a vacation petition. SW Beveland Road west of SW 72nd Avenue has been relocated south to align directly with SW Beveland Road east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S 101 AB2705, 2S 101 AB2706, and 2S l O I AB2707, which are owned by Lowe's. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated ROW was dedicated by Portln(11-211651124.1 1111211N)7-I X)6 SI-AlILE PORTLAND VANCOUVER,WA I3OISL SAIA LAKI-CHY WASHINGTON,D.C. STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 2 Lowe's to the City. As a result of the relocation, the old ROW for SW Beveland Road has effectively been abandoned. The Petitioner and Joint Petitioners are now applying to the City to vacate a portion of the ROW of SW Beveland Road from approximately 225 feet west of SW 72nd Avenue to its intersection with SW 72nd Avenue. The Petitioner owns tax lots 2SIOIAB2706 and 2SIOIAB2707 (lots 30 and 31 in Hermoso Park), which abut the affected section of the SW Beveland Road ROW no longer in use. The new alignment crosses tax lots 2S101AB2705, 2S101AB2706, and 2SIOIAB2707 and connects with SW 72nd Avenue just south of its former location. The petition will involve two additional abutting property owners: Whitethorn (tax lot 2S101AB1900) and the Stobers (tax lot 2SIOIAB1604). We understand that, if approved, the vacated land will revert in half-street widths to the abutting property owners. Applicable Criteria Evaluation criteria for street vacations are established by ORS 271.080-.230. The City has adopted chapter 15.08 of the Code as the specific provision implementing ORS chapter 271, and therefore the provisions of chapter 15.08 apply to this petition. Initiation of Vacation Section 15.08.040 provides: "(a) A vacation may be initiated in two ways: "(1) Any interested person(s) may file a petition requesting a vacation in the manner provided by this chapter; or "(2) The council may make a vacation without a petition or consent from the affected property owners provided: "(A) Notice is given as provided by section 15.08.120 of this chapter; "(B) The owners of the majority of the area affected computed on the basis of ORS 271.080 have not objected in writing; and Po rtl ud 1-2065024.1 I N I2 i 097-I HA N K6 STOEL RIVES LIT Mr. Matt Scheidegger May 3, 2001 Page 3 "(C) All abutting property owners have consented to the vacation except the city may proceed with the vacation without the consent of the owners provided the city pays damages in situations where the vacation substantially affects the market value of the property. "(b) In the event that city owned property abuts an area proposed for vacation, the city administrator shall have the authority to give consent or withhold consent for purposes of initiating the petition." The Petitioner is the owner of record of tax lots 2S101AB2706 and 2S101AB2707, which abut the portion of SW Beveland Road to be vacated. Hence, the Petitioner is a person interested in real property located adjacent to the subject street vacation and is therefore eligible to initiate the vacation process. The Joint Petitioners are also persons interested in real property adjacent to the subject street vacation and therefore are appropriately named as Joint Petitioners in this request. Prepetition Conference Section 15.08.050 of the Code requires that persons interested in submitting a vacation petition make application to the city recorder for a prepetition conference and meet with the recorder, planning director, and public works director in a prepetition conference. Based on a February 20, 2001 telephone conversation with you, we understand that a prepetition conference is not mandatory. For this reason, the Petitioner did not attend a prepetition conference; we have agreed to meet with you to review the complete application package. Notice of Intent To File Vacation Petition Section 15.08.060 of the Code requires the interested person to file a notice of intent to file a vacation petition with the recorder. The notice of intent must be accompanied by a fee deposit and a copy of the assessor's map showing the area to be vacated. Upon receipt of this information, the recorder must give the notice of intent to vacate to all utility providers, the county, and other interested parties and will request that all utility providers and interested persons provide a written response within 30 days. This letter and enclosed exhibits are the Petitioner's notice of intent to file a vacation petition. The required fee deposit is provided as Exhibit C. A map of the area to be vacated is provided as Exhibit F. Portlud l=20X5024.l INI211XJ7-INNHIG STOEL RIVES Mr. Matt Scheidegger May 3, 2001 Page 4 Vacation Petition, Boundaries, and Required Legal Documents Section 15.08.070 of the Code requires the Tigard public works director to identify the vacated area, affected property owners, and any legal documents required as conditions of approval. The public works director must also provide an estimate of costs, a legal description of the area to be vacated, information relating to the location and names of affected property owners, and any conditions of approval that would be attached to the approved vacation. The recorder is then required to mail the petition form and information compiled by the public works director to all interested parties. These requirements will be addressed during the City's review of the application. Complete Application Section 15.08.080(b) of the Code requires the following information be provided to ensure that a petition to vacate is complete: "A complete application shall include: "(1) A completed petition consenting to the vacation which is signed by all abutting property owners and the property owners of not less than two-thirds of the property affected as provided by ORS 271.080 (2); "(2) A fee deposit as required by Section 15.08.160 of this chapter; "(3) Each legal instrument required by the director of public works which is signed by all required persons; "(4) A certificate showing that all city liens and all taxes have been paid on the land covered by the petition in the case of a vacation of a plat or a portion thereof; 14(5) A report from a title company indicating the name and address of all persons holding an interest in the abutting property and affected property." Ibrtludt 20050241 (X)21097-1AXXK, STOEL RIVES ).LP Mr. Matt Scheidegger May 3, 2001 Page 5 Signatures of Property Owners There are four properties (i.e., tax lots 2S101AB1604, 2S101AB1900, 2S101AB2706, and 2S 101 AB2707) under three ownerships abutting the area to be vacated. The Petitioner owns tax lots 2S 101 AB2706 and 2S 101 AB2707, Whitethorn owns tax lot 2S 101AB 1900, and the Stobers own tax lot 2SlOIAB1604. The signatures of the three abutting property owners consenting to the vacation are provided as Exhibit A. A petition to vacate a public street requires the signatures of not less than two-thirds of the property owners affected. See Code § 15.08.080(b)(1). Affected property owners are defined as those owning land lying on either side of the right-of-way to be vacated and extending laterally to the next street serving as a parallel street, but not extending more than 200 feet, and property owners on either side of the street 400 feet beyond the terminus of the portion of the street to be vacated. A map of the affected area for this street vacation and a list of all affected property owners are presented in Exhibits E and F. The affected area contains all or portions of 29 tax lots. Exhibit B contains the signatures of the affected property owners. These signatures represent approximately 68 percent of the property owners within the defined affected area. Hence, Exhibit B demonstrates that the owners of not less than two- thirds of the affected area consent to the requested vacation. Therefore, the City can find that this requirement of section 15.08.080(b)(1) of the Code is satisfied. Fee Deposit Exhibit C is a fee deposit of $1,530, as required by sections 15.08.080(b)(2) and 15.08.160 of the Code. Legal Instruments The requirements of section 15.08.080(b)(3) will be addressed following review of the application by the public works director. Liens and Taxes Exhibit D includes certificates of city liens and taxes for the abutting properties. There is no indication that the portion of SW Beveland Road to be vacated either is assessed taxes or owes taxes. Purtlnd1-2005024.1 (X)2 1(074 HWO STOEL RIVES Mr. Matt Scheidegger May 3, 2001 Page 6 Title Report Exhibit E is a title report that includes the name and address of persons holding an interest in the abutting properties and properties in the affected area, as required by section 15.08.080(b)(5). The Petition Section 15.08.080(c) of the Code provides the following requirements for the petition: "The petition shall: "(1) Set forth a description of the ground proposed to be vacated; "(2) State the purpose for which the ground is proposed to be used; "(3) State the reason for the vacation; and "(4) Contain the notarized signatures required by ORS 271.080 (2). (Ord. 85-01 §1(Exhibit A(part)), 1985)." Description of Ground To Be Vacated The portion of the SW Beveland Road ROW for which vacation is proposed is identified in Exhibit F. The Petitioner and Joint Petitioners request the vacation for those portions of the ROW of SW Beveland Road that abut tax lots 2S101AB1900, 2S101AB1604, 2S101AB2706, and 2S101AB2707. The legal description of the portion of the SW Beveland Road ROW to be vacated is provided as Exhibit G. Use of Vacated Ground The vacated land will be kept in private ownership. Lowe's is not aware of any development plans for the vacated land. Reason for Vacation When the City authorized development of a Lowe's store at SW 72nd Avenue and Highway 217, it required the relocation of a portion of SW Beveland Road as a condition of approval, to improve the alignment where SW Beveland Road intersects SW 72nd Avenue. PoriludI-2005024.1 1X121097-(YXN)6 STOEL RIVES Mr. Matt Scheidegger May 3, 2001 Page 7 The land used for construction of the realigned portion of SW Beveland Road was dedicated to the City by Lowe's. When the required relocation was completed, the analogous portion of SW Beveland Road was effectively abandoned as a roadway. The Petitioner and Joint Petitioners now request a vacation for that abandoned portion of SW Beveland Road to return it to private ownership, since the land no longer fulfills a public purpose. Notarized Signatures The notarized signatures required by section 15.08.080(c)(4) and ORS 271.080(2) are provided as Exhibits A and B. Required Reports Section 15.08.090 requires the planning director and public works director to prepare reports recommending approval or denial of the application to the planning commission. This requirement will be addressed during the City's evaluation of the application. Planning Commission Review Section 15.08.100 requires the planning director to submit a report recommending approval or denial to the council. The recommendation must be based on findings of effect on traffic, pedestrian, and bicycle circulation; fire and police service response time; drainage; provision of utilities; compliance with the comprehensive plan; transportation element; and compliance with the capital-improvements program. This requirement will be met by the City during its review of the application. Concurrent Hearings Provisions for council hearing dates are provided by section 15.08.110. These requirements will be met by the City as part of its review of the application. Notice Section 15.08.120 requires that notice of the public hearing be published in the Tigard Times and/or The Oregonian once each week for two consecutive weeks before the hearing. It requires that additional notice be posted at or near the end of the proposed vacation in the proposed vacation areas within five days after the first day of publication, which is no less than 14 days before the hearing. The notice must describe the area to be vacated, the date the petition was filed, the name of at least one petitioner, and the date by which written objections may be filed with the recorder. These notice requirements will be addressed following City Purtludl-2005024.1 M210974KXX)6 STOEL RIVES IAT Mr. Matt Scheidegger May 3, 2001 Page 8 review of the application. The Petitioner will assist the City in completing this requirement as necessary. Approval Standards Section 15.08.130(a) provides, in part: "The council shall hold the public hearing and it shall approve, approve with conditions or deny the petition in whole or in part by ordinance based on findings that: "(1) The consent of the owners of the requisite area have been obtained or the provisions of Section 15.08.040(2) of this chapter have been satisfied; "(2) Proper notice has been given as required by Section 15.08.120 of this chapter; "(3) The public interest will not be prejudiced by the vacation; and "(4) A certificate showing that all city liens and all taxes have been paid on the land covered by the petition has been filed with the recorder in the case of a vacation of a plat or a portion thereof." A public hearing will be scheduled and held as required. Based on information provided in this petition, the council has adequate information to find: • The consent of the owners of abutting properties and properties located within the defined affected area has been obtained. The required notarized consent of all relevant property owners is provided as Exhibits A and B. • Proper notice will be provided as required by section 15.08.120 of the Code. The Petitioner has provided as Exhibit E names and addresses of abutting- property owners and owners within the affected area. • The public interest would not be prejudiced by this vacation. Water and sewer lines in the area to be vacated were abandoned in place. Other utilities (i.e., cable television, telephone, and electric) were relocated along with the new Beveland Road alignment. There is currently a gas line still located in the old PuilludI-2005024.1 (K1211197-(YXH)0 STOEL RIVES Mr. Matt Scheidegger May 3, 2001 Page 9 ROW of SW Beveland Road. The area to be vacated no longer serves several properties that are now accessed from the realigned SW Beveland Road. The new alignment was reconstructed to appropriate construction standards and dedicated to the City, and hence the continuity of transportation service will be maintained. • There is no indication that the portion of SW Beveland Road to be vacated either is assessed taxes or owes taxes. Council Findings Section 15.080.130(b)-(c) of the Code provides the following: "(b) The council finding shall be based on: "(1) The petition; "(2) The public testimony; "(3) The recommendation of the planning commission; "(4) The report of the public works director; "(5) The letters submitted by utility providers and interested parties; and "(6) A report by the city engineer regarding payment of taxes, liens, and fees. "(c) The condition of approval may pertain to: "(1) The maintenance and use of underground public utilities or service facilities in the vacated portion; "(2) Limitations on the use of the area above and adjacent to underground utilities or service facilities; "(3) Moving at petitioner's expense the utilities or services either below, on, or above the surface; Po rtlud l 2065024-1 (X)2111)7-(X X X K, STOEL RIVES Mr. Matt Scheidegger May 3, 2001 Page 10 "(4) Construction, extension or relocation of sidewalks and curbs; "(5) Grading or pavement extensions; "(6) Dedication for street use of other area in lieu of the area to be vacated; "(7) The posting of a performance bond to assure that all work shall be completed; and "(8) Any other matter relating to the vacation which is necessary to protect the public or adjoining property owners or to carry out the comprehensive plan." Requirements of section 15.08.130(b) of the Code will be addressed following council review of the petition, public testimony, recommendation of the planning commission, reports from the public works director and city engineer, and letters submitted by utility providers and interested parties. At that time, the council will approve, deny, or approve with conditions the petition in whole or in part. The conditions of approval, if any, would pertain to the considerations listed in section 15.08.130(c) of the Code. The information provided by this petition address the City Code and statutory requirements for a street vacation. For this and above-listed reasons, we request that the council approve the petition as a whole. Please contact me at your convenience if there are any questions. Very truly yours, Frank M. Flynn FMF:DLG:ipc:kls cc: Ms. Kim Hysm Mr. Steve Gale Mr. Bill Crocker Mr. Gary Wood, Whitethorn, LLC Mr. Jeff Kleinman Mr. Michael Robinson Portlud I-2065023.1 IR h 1097-1A N N Ki Attachment 2 CITY OF TIGARD, OREGON RESOLUTION NO. 01- A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE AN APPROXIMATE 11,702 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET AT THE INTERSECTION OF SW 72ND AVENUE (VAC2001-00002). WHEREAS, the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public; and WHEREAS, SW Beveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection; and WHEREAS, the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate an approximate 11,702 square foot portion of public right-of-way; and WHEREAS,the said portion of public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW, THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit"A" and Exhibit"B" and by reference,made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on August 28, 2001, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right-of-way. PASSED: This day of 2001. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 01 Page 1 Exhibit A GRiffiN LANd SURVEYING 12700 SW North Dakota St. —Suite 180, PMB 216--Tigard, Or. 97223 Office: (503)579-8503 Fax, (503)579-6823 April 30, 2001 S.W. Beveland Road - Right of Way Vacation Legal Description A portion of SW Beveland Road as platted in "Hermoso Park", a subdivision filed in Washington County Plat Records, situated in the NE 1/4 of Section 1, T.2S., R1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the Southwest comer of Lot 16 of said "Hermoso Park"; Thence Easterly along the North right of way line of said SW Beveland Road to a point 46 feet westerly, when measured at right angles, from the centerline of SW 72nd Avenue; Thence parallel with said centerline, S 2°33'30" W, 30.17 feet to the centerline of said SW Beveland Road; Thence continuing parallel with the centerline of said SW 72nd Avenue, S 2033'30" W, 22.37 feet; Thence along the arc of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 2224'32" (chord bears S 13°4546" W, 7.77 feet) a distance of 7.82 feet to the South right of way line of said SW Beveland Road; Thence along said South right of way line, N 81`54'22" W, 150.17 feet; Thence along the arc of a non-tangent curve concave Northeasterly, radius point bears N 29°27'42~ E, 245.00 feet, through a central angle of 9°16'59" (chord bears N 55053'48" W, 39.65 feet) a distance of 39.69 feet; Thence along the arc of a reverse curve concave Southwesterly, having a radius of 305.00 feet, through a central angle of 5°35'26" (chord bears N 54°03'02" W. 29.75 feet) a distance of 29.75 feet to a point S 8°05'38° W from the Southwest corner of said Lot 16; Thence N 8°05'38" E, 28.71 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared in March 2001 by Minister-Glaeser Surveying Inc. a REGISTERED PROFESSIONAL_ L AND QSURVEYOR OREGON JULY 26.leas KENNETH 0.GRIFFIN 47 Exhibit C CD0 0 L�,2 3 m m D 2 O m O co 0 —� O 72ND O N D D Z O 0X D r SU O Z (D C 0) = -i 2 m am C cn O X Z T 69TH cn AVE 69TH D Z Em —1 8TH y z cn 68TH cn 0 Q Lon �� R° 3 rn � rn r - rr-Ir-, ,;' ylloll � zzll — II z Looe a o II c II i t 0 z► p °��N o - 0 N°°303 � - ppZrn II ti II 3 co D CD 4E II II �� Q, Exhibit B \§ c „ � w §/- m7 w / ƒ {§ m ƒ ® 2 ~ /} x | �. . \I;/ P�Z $3 k} ° E}/ 2§ { { )\\ ®z- ® e� Z � \\ cQ$72 110\ k% ( "%% �f NQc §k q \` Q m:\_ \\ \ ~zz` \cl () � /}k §\\ )v\ caI r}2 u \ �a- o a II II ¢ LL T° Cl) IL � � 0 w a II II to N in Q II o II F— z Q e � �_�� � cc cn V .4Z "< ° yo o !� a o II o II o o Q E_� &� " QN2~ tN o �� O c E II C-4 II J_ � LuJLu LU oc ol = II actII m �� � - � o LLJ U) H189 U) Z J H18 �— v� Y Z Q H169 3AV H169 L Z U) = a J Q W _ (/J L O Z (n o p o L Z Q Q Q Q Q > Z O C7 �'1 b GNZL O �— co O L 2 Q W W co c aD 21� Q 0 CD ami E E 0 U Request to Schedule - Council Agenda Item (File with City Recorder Cathy Wheatley) Meeting Date August 28 2001 Packet Material Due Au ug st 15, 2001 Agenda Topic (please state as you want the title to appear on the agenda) VAC2001-00002/Beveland Street nu, 72nd Avenue Public Right-of-Way Street Vacation. Check one: Executive Session Study Session ❑ Business Meeting M Consent Agenda Workshop Meeting [] Check if Applicable: Public Hearing Resolution Ordinance Council Motion Requested ❑ Staff Report Required? Yes ❑ No ❑ Estimated Time Needed at Meeting: 20 Minutes Staff Contact Person(s): Mathew Scheidegger Presentation Format Staff Presentation (Quasi-Judicial) Other Information: REQUEST FOR COMMENTS CITY OF TIGARD Community Development RECEIVED KANWNGShapingA Better Community DATE: Ju11ll 2,2001 TO: Gary Tampella,Building Official J U L 2 4 2001 CITY OF D1GAW3 FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner 1x3171 Phone:150316394171/Fax:15031684-7297 RE: VACATION (VACI 2001-00002 ➢ BEVELAND STREET @ 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q REQUEST: The applicant is requesting that the Cdity of Tigard vacate an unused portion of public right-of-way on SW Beveland Street west of SW 72 Avenue. Southwest Beveland Street west of SW 72 Avenue has been relocated south to align directly with SW Beveland Road east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-waywas dedicated by Lowe's Hardware to the City, of Tigard. As a result of the relocation, the old right-of-way for SW Beveland Street has effectively been abpndoned. LOCATION: The section of SW Beveland Street public right-of-way which lies west of SW 72 nuAvenue. DATE REQUEST WAS FILED: May 15, 2001 Attached are the Site Plan, Vicinity Map, Applicant's Statement and Resolution Initiating Vacation Proceedings 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 pro osal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 11, 2001. 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. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Pof our office. Please contact _ Please refer to the enclosed letter. Written comments provided below: (Aease proviufe the fo&nt4ng information)Name of Person[s]Commenting: Phone Number[s]: REQUEST FOR COMMENTS CITY OF TIGARD Community(Development Shaping) pfEO Fhi * DATE: July 12,2001 JUL 2 3 2001 TO: Dennis Koellermeier,Operations Manager CITY 0F TiGARq FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x3171 Phone:150316394171fte 15031684-7297 RE: VACATION IVACI 2001-00002 ➢ BEVELAND STREET @ 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q REQUEST: The applicant is requesting that the Cdity of Tigard vacate an unused portion of public riggh -of-way on SW Beveland Street west of SW 72 Avenue. Southwest Beveland Street west of SW 7Ln Avenue has been relocated south to align directly with SW Beveland Road east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-waywas dedicated by Lowe's Hardware to the City, of Tigard. As a result of the relocation, the old right-of-way for SW Beveland Street has effectively been abpndoned. LOCATION: The section of SW Beveland Street public right-of-way which lies west of SW 72 nu Avenue. DATE REQUEST WAS FILED: May 15, 2001 Attached are the Site Plan, Vicinity Map, Applicant's Statement and Resolution Initiating Vacation Proceedings 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, WE NEED YOUR COMMENTS BACK BY: AUGUST 11, 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to reond 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. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ of our o Please contact office. _ Please refer to the enclosed letter. Written comments provided below: �a ��.;+vt L1r 2 Adm (Trease provide the following information)Name of Persons)Commenting: Phone Number[s]: REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA Better DATE: lull 12,2001 CC TO: long Range Planning Staff: Duane Julia Joel[2' J U L 17 2001 CITY Or TIGARD FROM: City of Tigard Planning D[yision STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x3171 Phone:150316394171/Fax:15031684-7297 BE: VACATION NAC) 2001-00002 ➢ BEVELAND STREET @ 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q REQUEST: The appplicant is requesting that the Cdit of Tigard vacate an unused portion of public right-of-way on SW Beveland Street west of SW 72� Avenue. Southwest Beveland Street west of SW 72 Avenue has been relocated south to align directly with SW Beveland Road east of SW 72na Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-waywas dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, the old right-of-way for SW Beveland Street has effectively been abpndoned. LOCATION: The section of SW Beveland Street public right-of-way which lies west of SW 72 Avenue. DATE REQUEST WAS FILED: May 15, 2001 Attached are the Site Plan, Vicinity Map, Applicant's Statement and Resolution Initiating Vacation Proceedings 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, WE NEED YOUR COMMENTS BACK BY: AUGUST 11, 2001. You may use the space provided below or attach a separate letter to returnyour 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. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Pof our office. Please contact _ Please refer to the enclosed letter. Written comments provided below: �IYlease provide the following information)Name of Person(s)Commenting: Phone Number[s]: REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping A Better Community DATE: lulu 12,2001 TO: Brian Rager,Development Review Engineer FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner 10171 Phone:15031639-41'1/Fax:[5031684-1291 RE: VACATION (VAC) 2001-00002 ➢ BEVELAND STREET @ 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q REQUEST: The applicant is requesting that the City of Tigard vacate an unused portion of public righ -of-way on SW Beveland Street west of SW 72nd Avenue. Southwest Beveland Street west of SW 72 Avenue has been relocated south to align directly with SW Beveland Road east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City, of Tigard. As a result of the relocation, the old right-of-way for SW Beveland Street has effectively been ab_pndoned. LOCATION: The section of SW Beveland Street public right-of-way which lies west of SW 72 Avenue. DATE REQUEST WAS FILED: May 15, 2001 Attached are the Site Plan, Vicinity Map, Applicant's Statement and Resolution Initiating Vacation Proceedings 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, WE NEED YOUR COMMENTS BACK BY: AUGUST 11, 2001. You may use the space provided below or attach a separate letter to returnyour 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. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Pof our office. Please contact _ Please refer to the enclosed letter. Written comments provided below: (�Ylease provide the fo&m ing information)Name of Persons]Commenting: ?-4Z— Phone Numberfs]: x � , REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA Better Community DATE: July 12,2001 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x3171 Phone:(50316394171/Fax:[5031684-1291 RE: VACATION IVACI 2001-00002 ➢ BEVELAND STREET @ 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q REQUEST: The applicant is requesting that the City of Tigard vacate an unused portion of public righj-of-way on SW Beveland Street, west of SW 72nd Avenue. Southwest Beveland Street west of SW 72 Avenue has been relocated south to align directly with SW Beveland Road east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned b Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-waywas dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, the old right-of-way for SW Beveland Street has effectively been abandoned. LOCATION: The section of SW Beveland Street public right-of-way which lies west of SW 72 Avenue. DATE REQUEST WAS FILED: May 15, 2001 Attached are the Site Plan, Vicinity Map, Applicant's Statement and Resolution Initiating Vacation Proceedings 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, WE NEED YOUR COMMENTS BACK BY: AUGUST 11, 2001. 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 aspossible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Pof our office. Please contact _ Please refer to the enclosed letter. Written comments provided below: (1pCease provide the following information)Name of Person[s]Commenting: Phone Number[s]: CITY -F TIGARD REQUEST FOR COI LENTS ,i NOTIFICATION LISP FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: _ Cd_d FILE NAME• CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: []Central Gast ❑South ❑West ElProposal Descrip.in Library CIT Book 11 CITY OFFICES /+LONG RANGE PLANNING/Nadine Smith,Supervisor COMMUNITY DVLPMNT.DEPTJPlanning-Engineering Techs. POLICE DEPT./Jim Wolf,Crime Prevention Officer on BUILDING DIVISION/Gary Lampella,Building Official Aj ENGINEERING DEPTJBrian Rager,Dvipmnt.Review Engineer WATER DEPTJDennis Koellermeier,Operations Mgr. CITY ADMINISTRATION/Cathy Wheatley,City Recorder "-PUBLIC WORKS/John Roy,Property Manager _PUBLIC WORKS/Matt Stine,Urban Forester ✓PLANNER—TIME TO POST PROJECT SITE IF A PUBLIC HEARING ITEMI SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST. TUALATIN VALLEY FIRE&RESCUE _ TUALATIN VALLEY WATER DISTRICT�► _ UNIFIED SWRGE.AGENCY 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 2501 SW First Avenue 775 Summer Street NE _ Irish Bunnell,Development Services PO Box 369 PO Box 59 Salem,OR 97301-1279 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 _ OR.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 _ Carol Hall,Data Resourcecenter(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth management Coordinator —OR.DEPT.OF LAND CONSERV.&DVLP. 333 SW First Avenue _ Mel Huie,Greenspaoes Coordinator(CPA/ZOA) Larry French(Comp.Plan Amendments Only) PO Box 2946 _CITY OF KING CITY _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 Portland,OR 97208-2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 15300 SW 116th Avenue WASHINGTON COUNTY King City,OR 97224 _ OR.DEPT.OF ENERGY(Powedines in Area) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division 155 N.First Avenue _CITY OF LAKE OSWEGO Routing TTRC–Attn: Renae Ferrera Tom Highland,Planning Suite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 _Brent Curtis(CPA) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 _Anne LaMountain(IGANRB) _CITY OF PORTLAND (Notify for` eltiands and Potential Environmental Impacts) _Sonya Kazen,Development Review Coordinator _Phil Healy(IGA/URB) David Knowles,Planning Bureau Dir. Regional Administrator _Carl Toland, Right-of-Way Section(vacations) _Steve Conway(General Apps.) Portland Building 106,Rm.1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer(CPA CA)MS 14 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(ZCA)MS 15 Portland,OR 97204 _Doria Mateja(ZCA)MS 14 _ODOT,REGION 1 -DISTRICT 2A j1E Jane Estes,Penna Specialist 5440 SW Westgate Drive,Suite 350 Portland,OR 97221-2414 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 IX,TCI CABLEVISION OF OREGON _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Pat McGann (If Project is Within%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 V_NW NATURAL GAS COMPANY _VERIZON Qe"' QWEST COMMUNICATIONS im VanKleek,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Richard Jackson,Engineering 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 97075-1100Aiana ortland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 Cl CABLE(Apps.E.ofHall/N.of 99W) Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Carpenter 13137 SW Pacific Highway 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223 Beaverton,OR 97006-5152 Portland,OR 97232 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). h:\patty\masters\Request For Comments Notification List 2.doc (Revised: 8-May-01) AFFIDAVIT OF MAILING CITY OFTIGARD Community(Development Shaping-A Better Community , (Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for the City of 7gard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) D NOTICE OF DECISION FOR: VAC2001-00002/BEVELAND 12"D PUBLIC RIGHT-OF-WAY VACATION ❑ AMENDED NOTICE (File No./Name Reference) ® City of Tigard City Council A copy of the said notice being hereto attached, marked Exhibit"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 August 30,2001, and deposited in the United States Mail on August 30,2001, postage prepaid. (Person t t Prepared Notic STATE OT OGON County of`Washington )ss. City of igard (,� day of l� ' 2001. Subscribed and sworn/affirmed before me on the �— OFFICIAL.SEAL DIANE M JELDFAKS . NOTARY PUBLIC-O _ ON COMMISSION NO. 8 MY COMMISSION EXPIRES _07,2003 '7 MV COMMiSSiOR Expires: Attachment 1 CITY OF TIGARD,OREGON ORDINANCE NO.01-IL AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON(VAC2001-00002). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on July 10,2001,and WHEREAS, the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public; and WIIEREAS, SW Beveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection; and WHEREAS, the applicant has requested that the City of Tigard vacate the approximatc 11,702 square foot portion of public right-of-way; and WHEREAS,the said portion of public right-of-way may no longer be necessary;and WHEREAS, the Tigard City Council finds it appropriate to vacate the requested public right-of- way; WHEREAS,the City will no longer have maintenance responsibility of this area;and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed 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 dcseribcd 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 at a public hearing on August 28, 2001, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130. ORDINANCE No.01-1 is\citywide\ord\V ACRF VF.i.ANDORD.doc Page 1 of 2 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit"A" and Exhibit"B" and by reference,made a part hereof. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By U4YA-T 104S vote of all Council members present after being read by number and title only,this]_day of ,2001. Ca�therine�Wh��t�lety ecorder APPROVED: By Tigard City Council this cx)g day of ,2001. J G 1 r Approved as to form: Attorney a� (DOD Date ORDINANCE No.01- I I i•\citywide\ord\VACBE VELANDORD.doc Page 2 of 2 Exhibit A GRiffiN LANd SURVEyiNI j 12700 SW North Dakota St.-Suite 180,PMB 218-Tigard, Or.97223 Office:(503)579.8503 Faz:(503)579.6823 April 30, 2001 S.W. 9eveland Rodd -Right of Way Vacation Legal Description . A portion of SW Beveland Road as platted in"Hermoso Park'; a subdivision filed In Washington County Plat Records, situated in the NE 114 of Section 1, T.2S., R1 W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the Southwest corner of Lot 16 of said"Hermoso Park'; Thence Easterly along the North right of way line of said SW Beveland Road to a point 45 feet westerly,when Measured at right angles,from the centerline of SW 72nd Avenue; Thence parallel with said Centerline. S 2°33'30" W, 30.17 feet to the centerline of said SW Beveland Road; Thence continuing parallel with the centerline of said SW 72nd Avenue, S 2033'30" W, 22.37 feet; Thence along the arc of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 22°24'32" (chord bears S 13.45'46"W, 7.77 feet)a distance of 7.82 feet to the South right of way line of said SW Beveland Road; rhence along said South right of way line, N 81'64'22"W, 150.17 feet; Thence along the arc of a non4angent curve concave Northeasterly, radius point bears N 20.27142` E, 245.00 feet, through a central angle of e'le'59' (chord bears N 55'5348" W, 39.65 feet)a distance of 39.69 feet; Thence along the are of a reverse curve concave Southwesterly, having a radius of 305.00 feet, through a central angle of 5435'26'(chord bears N 54"03'02"W.29.75 feet)a distance of 29.75 feet to a point S e°05'38'W frvm.the Southwest comer of said Lot 16; Thence N 8°05'38" E, 28.71 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared in March 2001 by Minister-Giaeser Surveying Inc. .e. REGISTERED PROFESSIONAL- LAND SURVEYOR ;MRM N KNETH 0.GRIFFIN a Exhibit B �N vim Ec "'I Q(r- i g P�ZL MS _ � $y nx,crrs dh Qh 41 f ^V A CC O Z � aaa t lit a U2� ail o� U Y m+ > aan o� 14 3 Exhibit C 3 c S 3 L�ti CD d X O 72ND A G) z Al � x -°i c o o z z - r VE 69TH 1 z y 68TH cft O CL Q rnW rnIINII e $� - ra1 i 9 OQz � II �+ I) 3 m EXHF r' Stoel Rives, LLP Frank M. Flynn VAC2001-00002 900 SW Fifth Ave., Suite 2600 BEVELAND @ 72"D PUBLIC R.O.W. VACATION Portland, OR 97204-1268 Lowe's Hardware & Garden 981 SW Powell Avenue Renton, WA 98055 Lowe's Hardware & Garden PO Box 111 North Wilkes Boro, NC 28656 F AFFIDAVIT OF MAILING ., CITY OF TIGARD Community Development ShapingA Better Community , Tatricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for the City ofTWard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) ® NOTICE OF PUBLIC HEARING FOR: z�:y VAC2001-00002/BEVELAND n 72ND PUBLIC ROW STREET VACATION 8/28/01 File No./Name Reference) (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council A copy of the said notice being hereto attached, marked Exhibit"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 An9QS12,2001, and deposited in the United States Mail on AngnS[2,2001, postage prepaid. (Person th ed No ce) S7A2tE of oUGoN ) County o Washington )ss. City of lgard ) Subscribed and sworn/affirmed before me on ���, the �_day of , 2001. OFFICIAL SEAL DIANE M JELDERKS NOTARY PUBLIC-OREGON MY COMM SSI�ON FXp RES SPT 807,2003 MY Commission EK71re .— NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: II THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD EX Community Development SlurpingA Better Community CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY AUGUST 28. 2001 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) 2001-00002 FILE TITLE: BEVELAND @ 72"D PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: Stoel Rives, LLP OWNER: Lowe's Hardware & Garden 900 SW Fifth Ave., Suite 2600 981 SW Powell Avenue Portland, OR 97204-1268 Renton, WA 98055 REQUEST: The applicant is requesting that the City of Tigard vacate an unused portion of public right-of-way on SW Beveland Street, west of SW 72nd Avenue. Southwest Beveland Street west of SW 72nd Avenue has been relocated south to align directly with SW Beveland Street east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, the old right-of-way for SW Beveland Street has effectively been abandoned. LOCATION: The section of SW Beveland Street public right-of-way which lies west of SW 72nd Avenue. DATE REQUEST WAS FILED: MAY 15, 2001 THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON JULY 10, 2001 BY SETTING A FORMAL PUBLIC HEARING DATE OF AUGUST 28, 2001. ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY AUGUST 28, 2001 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. 320 (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 (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. 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 (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR MATHEW SCHEIDEGGER ASSISTANT PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. CITYotTIGARD ou.+,.ae i,r...en.,,,...• ST VICINITY MAP VAC2001-00002 DARTMOUTH ST BEYELAND STREET @ 72ND AVENUE wPUBLIC RIGHT-OF-WAY ' STREET VACATION MHURST ST HER e Ap roximate ar F IN ST SevEAND 3 ST 0 n OONZ GA ST A o zoo .00 aoo r•.i 1•.e37I•al W HAMPTON ST City of Tigard Mwm.uon on Vib,+eN i.for p•mr.l be•ilon enry.M ONO b VWftd WO M O.wbpm a 6•&40.1 DM.4n. 131366W 1NN SM 71).xt ON 07737 i00i167&4171 oN0'lMew.tl.YOaLLo,w y7r 1S 101 A641100 EMIR 2S101A6-01603 BAUER DANIEL E& HARLAN BRIAN&MAI BAUER BARBARA G 7270 SW HERMOSO WAY 12335 SW 72ND AVE TIGARD,OR 97223 PORTLAND,OR 97223 2S 101 AB-01200 2S 101 AB-01300 BAUER DANIEL E&BARBARA LAURENS MICHAEL F 7275 SW HERMOSO 61415 ROCK BLUFF LN TIGARD,OR 97223 BEND,OR 97702 2S 101 AB-02000 2S 101 AB-01402 BERMAN JOHN M& LYMAN RODNEY C MARGARET SUMMERS MICHAEL L 7395 SW HERMOSO WY 7175 SW BEVELAND RD#210 TIGARD,OR 97223 TIGARD,OR 97223 2S 101 AB-01800 2S 101 AB-02704 BOEHM GENE G BEATRICE G NEWHAM DAVID ALLEN&BARBARA AN 7380 SW HERMOSA WAY 14060 SW HIGH TORR DR TIGARD,OR 97223 TIGARD,OR 97224 2S 101 AB-02707 2S 101 AB-01401 EAGLE HARDWARE&GARDEN INC PHILLIPS JASON E/CAROLYN L PO BOX 1111 7355 SW HERMOSO WAY ATTN:TAX DEPT(TA3) TIGARD,OR 97223 NORTH WILKESBORO,NC 28656 A>t 01 AB-02706 2S 101 AC-00600 EA HARDW &GARDEN INC ROTH JACOB T JR&THERESA A PO BOX 12600 SW 72ND AVE TT . AX D TA3) TIGARD,OR 97223 RTH WILKESBO 0,NC 28656 2 01 AB-02705 2S101AB-01606 EAG HARD E&GARDEN INC SLOAN DAVID MARTIN PO BOX 1 SLOAN KAREN MARIE ATT AX T(TA3) 7355 SW BEVELAND RD RTH WILKESB 0,NC 28656 TIGARD,OR 97223 2S101AB-01600 2S101AB-01604 ERDLE WILLIAM J STOBER LOUIE A&JESSIE L 7405 SW BEVELAND RD 7305 SW BEVELAND RD TIGARD,OR 97223 TIGARD,OR 97223 2S 101 AB-01602 2S 101 AC-01900 GIBSON KLAUS P&CORNELIA WASHINGTON COUNTY SCHOOL 10904 SW PARKWOOD CT DISTRICT NO.23 WILSONVILLE,OR 97070 6960 SW SANDBURG ST TIGARD,OR 97223 2S101AB-01000 2S101AB-01900 HAMPTON PARK LLC WHITETHORN LLC BY WEST COAST MORTGAGE 12465 SW 72ND AVE 5837 JEAN RD PORTLAND,OR 97223 LAKE OSWEGO,OR 97035 2S 101 AB.'M01 WHITNEY EUGENE P PATRICIA M 7340 SW HERMOSA WY TIGARD,OR 97223 Stoel Rives, LLP 900 SW Fifth Ave., Suite 2600 VAC2001-00002 Portland, OR 97204-1268 BEVELAND @ 72ND PUBLIC ROW Lowe's Hardware & Garden 981 SW Powell Avenue Renton, WA 98055 Naomi Gallucci CITY OF TIGARD 11285 SW 78th Avenue EAST CIT SUBCOMMITTEE Tigard, OR 97223 hcurpin\setup\labels\CIT East.doc UPDATED: 9-May-01 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 John Snyder 11100 SW 82nd Avenue Tigard, OR 97223 Jack Biethan 11043 SW Summerfield Drive, Apt. 3 Tigard, OR 97224-3376 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 r , i 72 i co N --t- C-6 Q O — 00 t (D O) - ? L O Q `� >a N7- U) o r- c O co m _J C3) p Z > � N [r � mcm p~j J C'3 n. = CC F- .3: o 0 LU CO cr N Q CO COMMUNITY NEWSPAPERS Legal P.O. BOX 370 PHONE (503)684-0360 Notice TT 9 9 3 5 BEAVERTON, OREGON 97075 Legal Notice Advertising •City of Tigard • ❑ Tearsheet Notice 131.25 Std Hall Blvd . •Tiga r.d,Oreaon 97223 • Duplicate Affidavit Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ) ss. 1, Kathy ;nuzder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the-1 ir{a rrl—Tn a 1 a i-in T�.mes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the 7A .?001 -00002 ,Beve.land St:. @ 72nd Avenue a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for TUT successive and consecutive in the following issues: August 9 , 16 , 2001 Subscribed and sworn t be ore me this? 6th clay of Auaust., 2001 6�1 169t2 OFFICIAL SEAL Idt,tary Public for Oregon ROBIN A BURGESS NOTARY PUBLIC OREGON My Commission Expires: COMMISSION NO.344589 My COMMISSION EXPIRES MAY 16,2M AFFIDAVIT CITY OF TIGARD OREGON VACATION(VAC)2001-00002 BEVELAND STREET @ 72NO AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION REQUEST: The applicant is requesting that the City of Tigard vacate an unused portion of public right-of-way on SW Beveland Street, west of SW 72nd Avenue. Southwest Beveland Street west of SW 72nd Avenue has been relocated south to align.directly with SW Beveland Street east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, the old right-of--way for SW Beveland Street has effectively been abandoned. LOCATION: The section of SW Beveland Street public right-of-way which lies west of SW 72nd Avenue. DATE REQUEST WAS FILED:May 15,2001 v�uwirr�w aaaaaaaaa AQ00140002 aaaasaaaa EVEIANO STREET �721D AVENUE BUC 16111-OF-WAV #y, BEET VACATION f p .w TT9935—Publish August 9, 16,2001. - ]! lit Lu 2 --------- �' |.\ � 1 � ]\ � ... lit 5 )j -s Al - ,2 - ¥ - \ \ o _ \d� k � - � � � S 0 E � � « t e § � � O E � e ko2 x ° C m 00 0) }%ƒ 4 � \ 0 U) 7 3 » m o -■ a � g g 2 �� % ƒ !/ \ �00rn \� 2 & ~ c < � n ` | 0 01 2 0 0 O LL. R @ 00 's i3 a 0 a I N � � d l l on 4t M"D yW n r; 00 CL W h rp W .A O YO ccN q wh Z \ i- fP a \V1\ 3H 3 ir£ Ja h HMIUO W hCA Ci a A Q ina- .jZ lncCZQQ :nQHa.� y-31-W�-• aaacZ a XO¢WO rJ ��Tc�a p r ? w � cs _\ 4 v � QWwrn Q Q m 0 Q Z Z Q Q tU X00 C) N N (n (/) t- H r' yy CP V of E-- z 030 b N M � U <v Stoel Rives, LLP 900 SW Fifth Ave., Suite 2600 VAC2001-00002 Portland, OR 97204-1268 BEVELAND @ 72ND PUBLIC ROW Lowe's Hardware & Garden 981 SW Powell Avenue Renton, WA 98055 CITY of TIGARD G90GRAPNIC INFO.YATIOII a'Ia TC. ST VICINITY MAP VAC2001-00002 DARTMOUTH ST — — BEYELAND STREET @ 72ND AVENUE W PUBLIC RIGHT-OF-WAY STREET VACATION LMHURST ST may, I�ERMOSO `O �� Ap roximate ar FRANK IN ST BEVED ST 0 z N 16ONZAGA ST N 0 200 400 800 Foot 7'•423 Nal SW HAMPTON ST City of Tigard Infornllon on this nap 1s for general location only and .cud be vonffed WA 1 o Dewlopmeal Sol vloss Division, 13125 SW Hall BIW roord,OR 97223 ;503)639.4171 http:A~.ci.Ugard.ocua Plot date:Jun 11,2001;C:\magic\MAGIC03.APR Community Development GRiFfiN LANd SURVEyiNCi 12700 SW North Dakota St. —Suite 180, PMB 216—Tigard, Or. 97223 Office: (503)579-8503 Fax: (503)579-6823 April 2, 2001 S.W. Beveland Road - Right of Way Vacation Legal Description A portion of SW Beveland Road as platted in "Hermoso Park", a subdivision filed in Washington County Plat Records, situated in the NE 1/4 of Section 1, 72S., R1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the Southwest corner of Lot 16 of said "Hermoso Park"; Thence Easterly along the North right of way line of said SW Beveland Road to a point 46 feet westerly, when measured at right angles, from the centerline of SW 72nd Avenue; Thence parallel with said centerline, S 2033'30" W, 30.17 feet to the centerline of said SW Beveland Road; Thence continuing parallel with the centerline of said SW 72nd Avenue, S 2°33'30" W, 22.37 feet; Thence along the arc of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 22024'32" (chord bears S 13°45'46" W, 7.77 feet) a distance of 7.82 feet to the South right of way line of said SW Beveland Road; Thence along said South right of way line, N 81'54'22" W, 150.17 feet; Thence along the arc of a non-tangent curve concave Northeasterly, radius point bears N 29027'42" E, 245.00 feet, through a central angle of 9°16'59" (chord bears N 55°53'48" W, 39.65 feet) a distance of 39.69 feet; Thence along the arc of a reverse curve concave Southwesterly, having a radius of 305.00 feet, through a central angle of 5°35'26" (chord bears N 54°03'02" W, 29.75 feet) a distance of 29.75 feet to a point S 8005'38" W from the Southwest corner of said Lot 15; Thence N 8005'38" E, 28.71 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared in March 2001 by Minister-Glaeser Surveying Inc. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON Exhibit B: Legal Description(Affidavit JULY 26.1965 of Consent for Abutting Property KENNETH D. GRIFFIN 2147 Owners) f CITY of • . GEOGRAPHIC INFORMATION SYSTEM AREA NOTIFIED (Parallel 200' Lateral 400') VAC2001-00002 HERMOSO wAY BEVELAND a@ 72ND PUBLIC R.O.W. �w VACATION SEVELAND ST AND ST 0 Z A N N ti GONZAGA ST 0 100 200 300 Feet 1"=230 feet City of Tigard Information on this map is for general location only and S`,r' should be verified with the Development Services Division. vV 13125 SW Hall Blvd Tigard,OR 97223 H (503)639-4171 httpl/ww i.tigard.or.us Community Development Plot date:Jun 15,2001; C:\magic\MAGIC03.APR 2S 101 AB-01100 2S 101 AB-01603 BAUER DANIEL E& HARLAN BRIAN&MAI BAUER BARBARA G 7270 SW HERMOSO WAY 12335 SW 72ND AVE TIGARD,OR 97223 PORTLAND,OR 97223 2S 101 AB-01200 2S 101 AB-01300 BAUER DANIEL E&BARBARA LAURENS MICHAEL F 7275 SW HERMOSO 61415 ROCK BLUFF LN TIGARD,OR 97223 BEND,OR 97702 2S 101 AB-02000 2S 101 AB-01402 BERMAN JOHN M& LYMAN RODNEY C MARGARET SUMMERS MICHAEL L 7395 SW HERMOSO WY 7175 SW BEVELAND RD#210 TIGARD,OR 97223 TIGARD,OR 97223 2S 101 AB-01800 2S 101 AB-02704 BOEHM GENE G BEATRICE G NEWHAM DAVID ALLEN&BARBARA AN 7380 SW HERMOSA WAY 14060 SW HIGH TORR DR TIGARD,OR 97223 TIGARD,OR 97224 2S 101 AB-02707 2S 101 AB-01401 EAGLE HARDWARE&GARDEN INC PHILLIPS JASON E/CAROLYN L PO BOX 1111 7355 SW HERMOSO WAY ATTN:TAX DEPT(TA3) TIGARD,OR 97223 NORTH WILKESBORO, NC 28656 101 AB-02706 2S 101 AC-00600 EA HARDW &GARDEN INC ROTH JACOB T JR&THERESA A PO BOX 12600 SW 72ND AVE ATT . AX D TA3) TIGARD,OR 97223 RTH WILKESBO 0, NC 28656 2 01 AB-02705 2S 101 AB-01606 EAG HARD E&GARDEN INC SLOAN DAVID MARTIN PO BOX 1 SLOAN KAREN MARIE ATT AX T(TA3) 7355 SW BEVELAND RD RTH WILKESB 0, NC 28656 TIGARD,OR 97223 2S 101 AB-01600 2S 101 AB-01604 ERDLE WILLIAM J STOBER LOUIE A&JESSIE L 7405 SW BEVELAND RD 7305 SW BEVELAND RD TIGARD,OR 97223 TIGARD,OR 97223 2S 101 AB-01602 2S 101 AC-01900 GIBSON KLAUS P&CORNELIA WASHINGTON COUNTY SCHOOL 10904 SW PARKWOOD CT DISTRICT NO.23 WILSONVILLE,OR 97070 6960 SW SANDBURG ST TIGARD,OR 97223 2S101AB-01000 2S101AB-01900 HAMPTON PARK LLC WHITETHORN LLC BY WEST COAST MORTGAGE 12465 SW 72ND AVE 5837 JEAN RD PORTLAND,OR 97223 LAKE OSWEGO,OR 97035 M 2S 101 AB-01601 WHITNEY EUGENE P PATRICIA M 7340 SW HERMOSA WY TIGARD,OR 97223 CITY OF TIGARD Community(Development Shaping A Better Community LAND USEMPOSAL MORMON FILE NO.: VACATION (VAC) 2001-00002 FILE TITLE: BEVELAND @ 72"D PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: Stoel Rives, LLP OWNER: Lowe's Hardware & Garden 900 SW Fifth Ave., Suite 2600 981 SW Powell Avenue Portland, OR 97204-1268 Renton, WA 98055 REQUEST: The applicant is requesting that the City of Tigard vacate an unused portion of public right-of-way on SW Beveland Street, west of SW 72nd Avenue. SW Beveland Street west of SW 72nd Avenue has been relocated south to align directly with SW Beveland Road east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, the old right-of-way for SW Beveland Street has effectively been abandoned. LOCATION: The section of SW Beveland Street public right-of-way which lies west of SW 72nd Avenue. DATE REQUEST WAS FILED: May 15, 2001 CIT AREA: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: DATE COMMENTS WERE SENT: JULY 12, 2001 DATE COMMENTS ARE DUE: AUGUST 11, 2001 _ ® CITY COUNCIL DATE TO INITIATE VACATION PROCEEDINGS: JULY 10, 2001 TIME: 7:30 ® CITY COUNCIL DATE OF PUBLIC HEARING: TUESDAY. AUGUST 28, 2001 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: Mathew Scheidegger, Assistant Planner (503) 639-4171, Extension 317 J L Q � _ N � 3 � Q Q Vj rI F O o n: Ln O N 0. WI i FI o O p0;', Ln O 4 -ca Q C) J WI x Q U O Z, cJl U> W LU d1 x: Q: ru v� O N .r O o "'h O C) Z O o O L= O p O \ Ir O Z U o ., O - O C O O Ir O 30 Z Q .a 0 O a v r O NO U co o 00 as q �+ O o d co c�i p� o F, cc G LO o ¢ ca Gy O LD O 4; xz x 0 �, o C4 M Z o N Q ry 'M to 0 Q N r_, N� UY� W • 1L W Z 1.1 1 m �..L� o � c 44 C� N C13 — F ' Ir ¢ao a (3) W _ �� Qcn to Ov Cl) O � O Ga ul _ O Q "ice ���0 �i O Q Q aaa� E-+ >-4N P� W EA H C7 ayi W ',7 H M H O U H E� vi w > W cr m > F-c v R w0 a foo �r CDO h O W LUy Z o y r v a N d N C d L — M Q d U ...� C U > "' J d STOEL RIVES LLP CITY OF TIGARD 900 SW Fifth Avenue,Suite 2300*Portland, Oregon 97204-1268 _ (503)224-3380 S.UPPt.In NUMOU' BE !CHECK NUMR CHECK DATE 03551 649839 04-25-01 ;'; UYYOIGEiNUMBER:! fNVO10E DATE DESGRiPTfON : AMDUNT 042401 04-24-01 Street Vacation 1530 . 00 application/MCR rorAt 1530 . 00 Please detach at perforation before depositing check r.�sr.•��rsrrm�erss�tr•IT7�'7101 STOEL RIVES LLP KeyBank 5112 National Association 112 CHECK NO cHECK;DATE A T T 0 R N E Y s 649839 04-25-01 Portland Disbursement Account 900 SW Fifth Avenue, Suite 2600 Portland,OR 97204-1268 F777 HECK AMOUNT (503)224-3380 $1530 . 00 PAY ONE THOUSAND FIVE HUNDRED THIRTY AND 00/100 CITY OF TIGARD TO THE 13125 SW HALL BLVD ORDER 11 OF TIGARD, OR '97223 • •• • - • .. . • e . • u'649839ill 1:0 L L 2006081: 6 L90 90000 4 2011' STOEL RIVES LLP A T T O R N E Y S RECEIVED PLANNING STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2600 MAY PORTLAND,OREGON 97204-1268 MAY 1 5 2001! Phone(503)224-3380 Fax(503)220-2480 TDD(503)221-1045 CITY OF PGARD Internet:www.stoel.com May 3, 2001 FRANK M. FLYNN Direct Dial (503) 294-9623 email fmflynn©stoel.com Mayor Jim Griffitth and City Council Members City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re: Notice of Intent To File and Petition To Vacate a Portion of SW Beveland Road Dear Mayor Griffitth and City Council Members: This office represents Lowe's HIW ("Lowe's" or the "Petitioner") in matters related to its Tigard store. By common agreement, the Petitioner and Whitethorn, LLC ("Whitethorn"), owner of tax lot 1900, and Louie A. and Jessie L. Stober (the "Stobers"), joint owners of tax lot 1604 (Whitethorn and the Stobers collectively, the "Joint Petitioners"), seek to vacate an unused portion of SW Beveland Road abutting their respective ownerships. This letter is a joint petition under the Tigard Municipal Code (the "Code") chapter 15.08 to vacate a portion of the SW Beveland Road right-of-way ("ROW") west of SW 72nd Avenue in Tigard, Oregon. ORS 271.080(1) establishes that any person interested in any real property in an incorporated city may petition to vacate all or part of a street, avenue, boulevard, alley, plat, public square, or other public place by setting forth a description of the ground proposed to be vacated, the purpose for which the ground is to be used, and the reason for the vacation. The city of Tigard (the "City") has adopted Ordinance 85-01 implementing ORS chapter 271 as it relates to the vacation of streets, ways, public squares, and other public places. Therefore, the Code contains the application requirements and approval criteria relevant to such a vacation petition. SW Beveland Road west of SW 72nd Avenue has been relocated south to align directly with SW Beveland Road east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S101AB2705, 2S101AB2706, and 2SIOlAB2707, which are owned by Lowe's. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated ROW was dedicated by PotLldl-2065024.1 0021097-00006 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C. STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 2 Lowe's to the City. As a result of the relocation, the old ROW for SW Beveland Road has effectively been abandoned. The Petitioner and Joint Petitioners are now applying to the City to vacate a portion of the ROW of SW Beveland Road from approximately 225 feet west of SW 72nd Avenue to its intersection with SW 72nd Avenue. The Petitioner owns tax lots 2S101AB2706 and 2S101AB2707 (lots 30 and 31 in Hermoso Park), which abut the affected section of the SW Beveland Road ROW no longer in use. The new alignment crosses tax lots 2S101AB2705, 2S101AB2706, and 2S101AB2707 and connects with SW 72nd Avenue just south of its former location. The petition will involve two additional abutting property owners: Whitethorn (tax lot 2S101AB1900) and the Stobers (tax lot 2S101AB1604). We understand that, if approved, the vacated land will revert in half-street widths to the abutting property owners. Applicable Criteria Evaluation criteria for street vacations are established by ORS 271.080-.230. The City has adopted chapter 15.08 of the Code as the specific provision implementing ORS chapter 271, and therefore the provisions of chapter 15.08 apply to this petition. Initiation of Vacation Section 15.08.040 provides: "(a) A vacation may be initiated in two ways: "(1) Any interested person(s) may file a petition requesting a vacation in the manner provided by this chapter; or "(2) The council may make a vacation without a petition or consent from the affected property owners provided: "(A) Notice is given as provided by section 15.08.120 of this chapter; "(B) The owners of the majority of the area affected computed on the basis of ORS 271.080 have not objected in writing; and Pordndl-2065024.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 3 "(C) All abutting property owners have consented to the vacation except the city may proceed with the vacation without the consent of the owners provided the city pays damages in situations where the vacation substantially affects the market value of the property. "(b) In the event that city owned property abuts an area proposed for vacation, the city administrator shall have the authority to give consent or withhold consent for purposes of initiating the petition." The Petitioner is the owner of record of tax lots 2SIOlAB2706 and 2S101AB2707, which abut the portion of SW Beveland Road to be vacated. Hence, the Petitioner is a person interested in real property located adjacent to the subject street vacation and is therefore eligible to initiate the vacation process. The Joint Petitioners are also persons interested in real property adjacent to the subject street vacation and therefore are appropriately named as Joint Petitioners in this request. Prepetition Conference Section 15.08.050 of the Code requires that persons interested in submitting a vacation petition make application to the city recorder for a prepetition conference and meet with the recorder, planning director, and public works director in a prepetition conference. Based on a February 20, 2001 telephone conversation with you, we understand that a prepetition conference is not mandatory. For this reason, the Petitioner did not attend a prepetition conference; we have agreed to meet with you to review the complete application package. Notice of Intent To File Vacation Petition Section 15.08.060 of the Code requires the interested person to file a notice of intent to file a vacation petition with the recorder. The notice of intent must be accompanied by a fee deposit and a copy of the assessor's map showing the area to be vacated. Upon receipt of this information, the recorder must give the notice of intent to vacate to all utility providers, the county, and other interested parties and will request that all utility providers and interested persons provide a written response within 30 days. This letter and enclosed exhibits are the Petitioner's notice of intent to file a vacation petition. The required fee deposit is provided as Exhibit C. A map of the area to be vacated is provided as Exhibit F. Portlndl-2065024.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 4 Vacation Petition, Boundaries, and Required Legal Documents Section 15.08.070 of the Code requires the Tigard public works director to identify the vacated area, affected property owners, and any legal documents required as conditions of approval. The public works director must also provide an estimate of costs, a legal description of the area to be vacated, information relating to the location and names of affected property owners, and any conditions of approval that would be attached to the approved vacation. The recorder is then required to mail the petition form and information compiled by the public works director to all interested parties. These requirements will be addressed during the City's review of the application. Complete Application Section 15.08.080(b) of the Code requires the following information be provided to ensure that a petition to vacate is complete: "A complete application shall include: "(1) A completed petition consenting to the vacation which is signed by all abutting property owners and the property owners of not less than two-thirds of the property affected as provided by ORS 271.080 (2); "(2) A fee deposit as required by Section 15.08.160 of this chapter; "(3) Each legal instrument required by the director of public works which is signed by all required persons; "(4) A certificate showing that all city liens and all taxes have been paid on the land covered by the petition in the case of a vacation of a plat or a portion thereof; "(5) A report from a title company indicating the name and address of all persons holding an interest in the abutting property and affected property." Portlndl-2065024.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 5 Signatures of Property Owners There are four properties (i.e., tax lots 2S 101 AB 1604, 2S l O lAB 1900, 2S l OlAB2706, and 2S101AB2707) under three ownerships abutting the area to be vacated. The Petitioner owns tax lots 2S IOlAB2706 and 2S 101AB2707, Whitethorn owns tax lot 2S 101AB 1900, and the Stobers own tax lot 2S101AB1604. The signatures of the three abutting property owners consenting to the vacation are provided as Exhibit A. A petition to vacate a public street requires the signatures of not less than two-thirds of the property owners affected. See Code § 15.08.080(b)(1). Affected property owners are defined as those owning land lying on either side of the right-of-way to be vacated and extending laterally to the next street serving as a parallel street, but not extending more than 200 feet, and property owners on either side of the street 400 feet beyond the terminus of the portion of the street to be vacated. A map of the affected area for this street vacation and a list of all affected property owners are presented in Exhibits E and F. The affected area contains all or portions of 29 tax lots. Exhibit B contains the signatures of the affected property owners. These signatures represent approximately 68 percent of the property owners within the defined affected area. Hence, Exhibit B demonstrates that the owners of not less than two- thirds of the affected area consent to the requested vacation. Therefore, the City can find that this requirement of section 15.08.080(b)(1) of the Code is satisfied. Fee Deposit Exhibit C is a fee deposit of $1,530, as required by sections 15.08.080(b)(2) and 15.08.160 of the Code. Legal Instruments The requirements of section 15.08.080(b)(3) will be addressed following review of the application by the public works director. Liens and Taxes Exhibit D includes certificates of city liens and taxes for the abutting properties. There is no indication that the portion of SW Beveland Road to be vacated either is assessed taxes or owes taxes. Poilludl-2065024.1 0021097-00006 STOEL RIVES LIT Mr. Matt Scheidegger May 3, 2001 Page 6 Title Report Exhibit E is a title report that includes the name and address of persons holding an interest in the abutting properties and properties in the affected area, as required by section 15.08.080(b)(5). The Petition Section 15.08.080(c) of the Code provides the following requirements for the petition: "The petition shall: "(1) Set forth a description of the ground proposed to be vacated; "(2) State the purpose for which the ground is proposed to be used; "(3) State the reason for the vacation; and "(4) Contain the notarized signatures required by ORS 271.080 (2). (Ord. 85-01 §1(Exhibit A(part)), 1985)." Description of Ground To Be Vacated The portion of the SW Beveland Road ROW for which vacation is proposed is identified in Exhibit F. The Petitioner and Joint Petitioners request the vacation for those portions of the ROW of SW Beveland Road that abut tax lots 2S101AB1900, 2S101AB1604, 2SIOIAB2706, and 2S101AB2707. The legal description of the portion of the SW Beveland Road ROW to be vacated is provided as Exhibit G. Use of Vacated Ground The vacated land will be kept in private ownership. Lowe's is not aware of any development plans for the vacated land. Reason for Vacation When the City authorized development of a Lowe's store at SW 72nd Avenue and Highway 217, it required the relocation of a portion of SW Beveland Road as a condition of approval, to improve the alignment where SW Beveland Road intersects SW 72nd Avenue. Porthidl-2065024.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 7 The land used for construction of the realigned portion of SW Beveland Road was dedicated to the City by Lowe's. When the required relocation was completed, the analogous portion of SW Beveland Road was effectively abandoned as a roadway. The Petitioner and Joint Petitioners now request a vacation for that abandoned portion of SW Beveland Road to return it to private ownership, since the land no longer fulfills a public purpose. Notarized Signatures The notarized signatures required by section 15.08.080(c)(4) and ORS 271.080(2) are provided as Exhibits A and B. Required Reports Section 15.08.090 requires the planning director and public works director to prepare reports recommending approval or denial of the application to the planning commission. This requirement will be addressed during the City's evaluation of the application. Planning Commission Review Section 15.08.100 requires the planning director to submit a report recommending approval or denial to the council. The recommendation must be based on findings of effect on traffic, pedestrian, and bicycle circulation; fire and police service response time; drainage; provision of utilities; compliance with the comprehensive plan; transportation element; and compliance with the capital-improvements program. This requirement will be met by the City during its review of the application. Concurrent Hearings Provisions for council hearing dates are provided by section 15.08.110. These requirements will be met by the City as part of its review of the application. Notice Section 15.08.120 requires that notice of the public hearing be published in the Tigard Times and/or The Oregonian once each week for two consecutive weeks before the hearing. It requires that additional notice be posted at or near the end of the proposed vacation in the proposed vacation areas within five days after the first day of publication, which is no less than 14 days before the hearing. The notice must describe the area to be vacated, the date the petition was filed, the name of at least one petitioner, and the date by which written objections may be filed with the recorder. These notice requirements will be addressed following City Potludl-2065024.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 8 review of the application. The Petitioner will assist the City in completing this requirement as necessary. Approval Standards Section 15.08.130(a) provides, in part: "The council shall hold the public hearing and it shall approve, approve with conditions or deny the petition in whole or in part by ordinance based on findings that: "(1) The consent of the owners of the requisite area have been obtained or the provisions of Section 15.08.040(2) of this chapter have been satisfied; "(2) Proper notice has been given as required by Section 15.08.120 of this chapter; "(3) The public interest will not be prejudiced by the vacation; and "(4) A certificate showing that all city liens and all taxes have been paid on the land covered by the petition has been filed with the recorder in the case of a vacation of a plat or a portion thereof." A public hearing will be scheduled and held as required. Based on information provided in this petition, the council has adequate information to find: • The consent of the owners of abutting properties and properties located within the defined affected area has been obtained. The required notarized consent of all relevant property owners is provided as Exhibits A and B. • Proper notice will be provided as required by section 15.08.120 of the Code. The Petitioner has provided as Exhibit E names and addresses of abutting- property owners and owners within the affected area. • The public interest would not be prejudiced by this vacation. Water and sewer lines in the area to be vacated were abandoned in place. Other utilities (i.e., cable television, telephone, and electric) were relocated along with the new Beveland Road alignment. There is currently a gas line still located in the old Pottlndl-2065024.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 9 ROW of SW Beveland Road. The area to be vacated no longer serves several properties that are now accessed from the realigned SW Beveland Road. The new alignment was reconstructed to appropriate construction standards and dedicated to the City, and hence the continuity of transportation service will be maintained. • There is no indication that the portion of SW Beveland Road to be vacated either is assessed taxes or owes taxes. Council Findings Section 15.080.130(b)-(c) of the Code provides the following: "(b) The council finding shall be based on: "(1) The petition; "(2) The public testimony; "(3) The recommendation of the planning commission; "(4) The report of the public works director; "(5) The letters submitted by utility providers and interested parties; and "(6) A report by the city engineer regarding payment of taxes, liens, and fees. "(c) The condition of approval may pertain to: "(1) The maintenance and use of underground public utilities or service facilities in the vacated portion; "(2) Limitations on the use of the area above and adjacent to underground utilities or service facilities; "(3) Moving at petitioner's expense the utilities or services either below, on, or above the surface; Portladl-2065024.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 10 "(4) Construction, extension or relocation of sidewalks and curbs; "(5) Grading or pavement extensions; "(6) Dedication for street use of other area in lieu of the area to be vacated; "(7) The posting of a performance bond to assure that all work shall be completed; and "(8) Any other matter relating to the vacation which is necessary to protect the public or adjoining property owners or to carry out the comprehensive plan." Requirements of section 15.08.130(b) of the Code will be addressed following council review of the petition, public testimony, recommendation of the planning commission, reports from the public works director and city engineer, and letters submitted by utility providers and interested parties. At that time, the council will approve, deny, or approve with conditions the petition in whole or in part. The conditions of approval, if any, would pertain to the considerations listed in section 15.08.130(c) of the Code. The information provided by this petition address the City Code and statutory requirements for a street vacation. For this and above-listed reasons, we request that the council approve the petition as a whole. Please contact me at your convenience if there are any questions. Very truly yours, Frank M. Flynn FMF:DLG:ipc:kls cc: Ms. Kim Hysni Mr. Steve Gale Mr. Bill Crocker Mr. Gary Wood, Whitethorn, LLC Mr. Jeff Kleinman Mr. Michael Robinson Po tlnd1-2065024.1 0021097-00006 EXHIBIT LIST Exhibit A: Consenting Signatures of Abutting Property Owners Exhibit B: Consenting Signatures of Affected Property Owners Exhibit C: Fee Deposit of$1,530 Exhibit D: Certificates of Lien and Tax Payment Exhibit E: Title Information and List of Affected Property Owners Exhibit F: Map of SW Beveland Road Right-of-Way Vacation Map of SW Beveland Road Right-of-Way Vacation: Affected Area Exhibit G: Legal Description of Area To Be Vacated STOEL RIVES LLP A T T O R N E Y S STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2600 PORTLAND,OREGON 97204-1268 Phone(503)224-3380 Fax(503)220-2480 TDD(503)221-1045 Internet:www.stoel.com May 3, 2001 FRANK M. FLYNN Direct Dial (503) 294-9623 DECEIVED PLANNING email fmflynn@stoel.com Mr. Matt Scheidegger City of Tigard CITY Ur TfGARD 13125 SW Hall Boulevard Tigard, OR 97223 Re: Notice of Intent To File and Petition To Vacate a Portion of SW Beveland Road Dear Mr. Scheidegger: This office represents Lowe's H1W ("Lowe's" or the "Petitioner") in matters related to its Tigard store. By common agreement, the Petitioner and Whitethorn, LLC ("Whitethorn"), owner of tax lot 1900, and Louie A. and Jessie L. Stober (the "Stobers"), joint owners of tax lot 1604 (Whitethorn and the Stobers collectively, the "Joint Petitioners"), seek to vacate an unused portion of SW Beveland Road abutting their respective ownerships. This letter is a joint petition under the Tigard Municipal Code (the "Code") chapter 15.08 to vacate a portion of the SW Beveland Road right-of-way ("ROW") west of SW 72nd Avenue in Tigard, Oregon. ORS 271.080(1) establishes that any person interested in any real property in an incorporated city may petition to vacate all or part of a street, avenue, boulevard, alley, plat, public square, or other public place by setting forth a description of the ground proposed to be vacated, the purpose for which the ground is to be used, and the reason for the vacation. The city of Tigard (the "City") has adopted Ordinance 85-01 implementing ORS chapter 271 as it relates to the vacation of streets, ways, public squares, and other public places. Therefore, the Code contains the application requirements and approval criteria relevant to such a vacation petition. SW Beveland Road west of SW 72nd Avenue has been relocated south to align directly with SW Beveland Road east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S101AB2705, 2S101AB2706, and 2S101AB2707, which are owned by Lowe's. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated ROW was dedicated by Port11Id1-2065024.1 0021097-00006 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C. STOEL RIVES LIT Mr. Matt Scheidegger May 3, 2001 Page 2 Lowe's to the City. As a result of the relocation, the old ROW for SW Beveland Road has effectively been abandoned. The Petitioner and Joint Petitioners are now applying to the City to vacate a portion of the ROW of SW Beveland Road from approximately 225 feet west of SW 72nd Avenue to its intersection with SW 72nd Avenue. The Petitioner owns tax lots 2S101AB2706 and 2S101AB2707 (lots 30 and 31 in Hermoso Park), which abut the affected section of the SW Beveland Road ROW no longer in use. The new alignment crosses tax lots 2S 101 AB2705, 2S 101 AB2706, and 2S 101 AB2707 and connects with SW 72nd Avenue just south of its former location. The petition will involve two additional abutting property owners: Whitethorn (tax lot 2S101AB1900) and the Stobers (tax lot 2S101AB1604). We understand that, if approved, the vacated land will revert in half-street widths to the abutting property owners. Applicable Criteria Evaluation criteria for street vacations are established by ORS 271.080-.230. The City has adopted chapter 15.08 of the Code as the specific provision implementing ORS chapter 271, and therefore the provisions of chapter 15.08 apply to this petition. Initiation of Vacation Section 15.08.040 provides: "(a) A vacation may be initiated in two ways: "(1) Any interested person(s) may file a petition requesting a vacation in the manner provided by this chapter; or "(2) The council may make a vacation without a petition or consent from the affected property owners provided: "(A) Notice is given as provided by section 15.08.120 of this chapter; "(B) The owners of the majority of the area affected computed on the basis of ORS 271.080 have not objected in writing; and Portlndl-2065024.1 0021097-00016 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 3 "(C) All abutting property owners have consented to the vacation except the city may proceed with the vacation without the consent of the owners provided the city pays damages in situations where the vacation substantially affects the market value of the property. "(b) In the event that city owned property abuts an area proposed for vacation, the city administrator shall have the authority to give consent or withhold consent for purposes of initiating the petition." The Petitioner is the owner of record of tax lots 2SIOlAB2706 and 2S101AB2707, which abut the portion of SW Beveland Road to be vacated. Hence, the Petitioner is a person interested in real property located adjacent to the subject street vacation and is therefore eligible to initiate the vacation process. The Joint Petitioners are also persons interested in real property adjacent to the subject street vacation and therefore are appropriately named as Joint Petitioners in this request. Prepetition Conference Section 15.08.050 of the Code requires that persons interested in submitting a vacation petition make application to the city recorder for a prepetition conference and meet with the recorder, planning director, and public works director in a prepetition conference. Based on a February 20, 2001 telephone conversation with you, we understand that a prepetition conference is not mandatory. For this reason, the Petitioner did not attend a prepetition conference; we have agreed to meet with you to review the complete application package. Notice of Intent To File Vacation Petition Section 15.08.060 of the Code requires the interested person to file a notice of intent to file a vacation petition with the recorder. The notice of intent must be accompanied by a fee deposit and a copy of the assessor's map showing the area to be vacated. Upon receipt of this information, the recorder must give the notice of intent to vacate to all utility providers, the county, and other interested parties and will request that all utility providers and interested persons provide a written response within 30 days. This letter and enclosed exhibits are the Petitioner's notice of intent to file a vacation petition. The required fee deposit is provided as Exhibit C. A map of the area to be vacated is provided as Exhibit F. Portlndl?065024.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 4 Vacation Petition, Boundaries, and Required Legal Documents Section 15.08.070 of the Code requires the Tigard public works director to identify the vacated area, affected property owners, and any legal documents required as conditions of approval. The public works director must also provide an estimate of costs, a legal description of the area to be vacated, information relating to the location and names of affected property owners, and any conditions of approval that would be attached to the approved vacation. The recorder is then required to mail the petition form and information compiled by the public works director to all interested parties. These requirements will be addressed during the City's review of the application. Complete Application Section 15.08.080(b) of the Code requires the following information be provided to ensure that a petition to vacate is complete: "A complete application shall include: "(1) A completed petition consenting to the vacation which is signed by all abutting property owners and the property owners of not less than two-thirds of the property affected as provided by ORS 271.080 (2); "(2) A fee deposit as required by Section 15.08.160 of this chapter; "(3) Each legal instrument required by the director of public works which is signed by all required persons; "(4) A certificate showing that all city liens and all taxes have been paid on the land covered by the petition in the case of a vacation of a plat or a portion thereof; "(5) A report from a title company indicating the name and address of all persons holding an interest in the abutting property and affected property." Portlndl-2065024.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 5 Signatures of Property Owners There are four properties (i.e., tax lots 2S 101AB 1604, 2S 101AB 1900, 2S 101 AB2706, and 2S101AB2707) under three ownerships abutting the area to be vacated. The Petitioner owns tax lots 2SIOIAB2706 and 2S101AB2707, Whitethorn owns tax lot 2S101AB1900, and the Stobers own tax lot 2S101AB1604. The signatures of the three abutting property owners consenting to the vacation are provided as Exhibit A. A petition to vacate a public street requires the signatures of not less than two-thirds of the property owners affected. See Code § 15.08.080(b)(1). Affected property owners are defined as those owning land lying on either side of the right-of-way to be vacated and extending laterally to the next street serving as a parallel street, but not extending more than 200 feet, and property owners on either side of the street 400 feet beyond the terminus of the portion of the street to be vacated. A map of the affected area for this street vacation and a list of all affected property owners are presented in Exhibits E and F. The affected area contains all or portions of 29 tax lots. Exhibit B contains the signatures of the affected property owners. These signatures represent approximately 68 percent of the property owners within the defined affected area. Hence, Exhibit B demonstrates that the owners of not less than two- thirds of the affected area consent to the requested vacation. Therefore, the City can find that this requirement of section 15.08.080(b)(1) of the Code is satisfied. Fee Deposit Exhibit C is a fee deposit of $1,530, as required by sections 15.08.080(b)(2) and 15.08.160 of the Code. Legal Instruments The requirements of section 15.08.080(b)(3) will be addressed following review of the application by the public works director. Liens and Taxes Exhibit D includes certificates of city liens and taxes for the abutting properties. There is no indication that the portion of SW Beveland Road to be vacated either is assessed taxes or owes taxes. Title Report Portlndl-2065023.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 6 Exhibit E is a title report that includes the name and address of persons holding an interest in the abutting properties and properties in the affected area, as required by section 15.08.080(b)(5). The Petition Section 15.08.080(c) of the Code provides the following requirements for the petition: "The petition shall: "(1) Set forth a description of the ground proposed to be vacated; "(2) State the purpose for which the ground is proposed to be used; "(3) State the reason for the vacation; and "(4) Contain the notarized signatures required by ORS 271.080 (2). (Ord. 85-01 §l(Exhibit A(part)), 1985)." Description of Ground To Be Vacated The portion of the SW Beveland Road ROW for which vacation is proposed is identified in Exhibit F. The Petitioner and Joint Petitioners request the vacation for those portions of the ROW of SW Beveland Road that abut tax lots 2S101AB1900, 2S101AB1604, 2S101AB2706, and 2S101AB2707. The legal description of the portion of the SW Beveland Road ROW to be vacated is provided as Exhibit G. Use of Vacated Ground The vacated land will be kept in private ownership. Lowe's is not aware of any development plans for the vacated land. Reason for Vacation When the City authorized development of a Lowe's store at SW 72nd Avenue and Highway 217, it required the relocation of a portion of SW Beveland Road as a condition of approval, to improve the alignment where SW Beveland Road intersects SW 72nd Avenue. The land used for construction of the realigned portion of SW Beveland Road was dedicated to the City by Lowe's. When the required relocation was completed, the analogous portion of Portlndl-2065023.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 7 SW Beveland Road was effectively abandoned as a roadway. The Petitioner and Joint Petitioners now request a vacation for that abandoned portion of SW Beveland Road to return it to private ownership, since the land no longer fulfills a public purpose. Notarized Sip-natures The notarized signatures required by section 15.08.080(c)(4) and ORS 271.080(2) are provided as Exhibits A and B. Required Reports Section 15.08.090 requires the planning director and public works director to prepare reports recommending approval or denial of the application to the planning commission. This requirement will be addressed during the City's evaluation of the application. Planning Commission Review Section 15.08.100 requires the planning director to submit a report recommending approval or denial to the council. The recommendation must be based on findings of effect on traffic, pedestrian, and bicycle circulation; fire and police service response time; drainage; provision of utilities; compliance with the comprehensive plan; transportation element; and compliance with the capital-improvements program. This requirement will be met by the City during its review of the application. Concurrent Hearings Provisions for council hearing dates are provided by section 15.08.110. These requirements will be met by the City as part of its review of the application. Notice Section 15.08.120 requires that notice of the public hearing be published in the Tigard Times and/or The Oregonian once each week for two consecutive weeks before the hearing. It requires that additional notice be posted at or near the end of the proposed vacation in the proposed vacation areas within five days after the first day of publication, which is no less than 14 days before the hearing. The notice must describe the area to be vacated, the date the petition was filed, the name of at least one petitioner, and the date by which written objections may be filed with the recorder. These notice requirements will be addressed following City review of the application. The Petitioner will assist the City in completing this requirement as necessary. Porthidl-2065024.1 0021097-00006 STOEL RIVES Mr. Matt Scheidegger May 3, 2001 Page 8 Approval Standards Section 15.08.130(a) provides, in part: "The council shall hold the public hearing and it shall approve, approve with conditions or deny the petition in whole or in part by ordinance based on findings that: "(1) The consent of the owners of the requisite area have been obtained or the provisions of Section 15.08.040(2) of this chapter have been satisfied; "(2) Proper notice has been given as required by Section 15.08.120 of this chapter; "(3) The public interest will not be prejudiced by the vacation; and "(4) A certificate showing that all city liens and all taxes have been paid on the land covered by the petition has been filed with the recorder in the case of a vacation of a plat or a portion thereof." A public hearing will be scheduled and held as required. Based on information provided in this petition, the council has adequate information to find: • The consent of the owners of abutting properties and properties located within the defined affected area has been obtained. The required notarized consent of all relevant property owners is provided as Exhibits A and B. • Proper notice will be provided as required by section 15.08.120 of the Code. The Petitioner has provided as Exhibit E names and addresses of abutting- property owners and owners within the affected area. • The public interest would not be prejudiced by this vacation. Water and sewer lines in the area to be vacated were abandoned in place. Other utilities (i.e., cable television, telephone, and electric) were relocated along with the new Beveland Road alignment. There is currently a gas line still located in the old ROW of SW Beveland Road. The area to be vacated no longer serves several properties that are now accessed from the realigned SW Beveland Road. The new alignment was reconstructed to appropriate construction standards and Portlndl-2065024.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 9 dedicated to the City, and hence the continuity of transportation service will be maintained. • There is no indication that the portion of SW Beveland Road to be vacated either is assessed taxes or owes taxes. Council Findings Section 15.080.130(b)-(c) of the Code provides the following: "(b) The council finding shall be based on: "(1) The petition; "(2) The public testimony; "(3) The recommendation of the planning commission; "(4) The report of the public works director; "(5) The letters submitted by utility providers and interested parties; and "(6) A report by the city engineer regarding payment of taxes, liens, and fees. "(c) The condition of approval may pertain to: "(1) The maintenance and use of underground public utilities or service facilities in the vacated portion; "(2) Limitations on the use of the area above and adjacent to underground utilities or service facilities; "(3) Moving at petitioner's expense the utilities or services either below, on, or above the surface; "(4) Construction, extension or relocation of sidewalks and curbs; "(5) Grading or pavement extensions; Portlndl-2065024.1 0021097-00006 STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 10 "(6) Dedication for street use of other area in lieu of the area to be vacated; "(7) The posting of a performance bond to assure that all work shall be completed; and "(8) Any other matter relating to the vacation which is necessary to protect the public or adjoining property owners or to carry out the comprehensive plan." Requirements of section 15.08.130(b) of the Code will be addressed following council review of the petition, public testimony, recommendation of the planning commission, reports from the public works director and city engineer, and letters submitted by utility providers and interested parties. At that time, the council will approve, deny, or approve with conditions the petition in whole or in part. The conditions of approval, if any, would pertain to the considerations listed in section 15.08.130(c) of the Code. The information provided by this petition address the City Code and statutory requirements for a street vacation. For this and above-listed reasons, we request that the council approve the petition as a whole. Please contact me at your convenience if there are any questions. Very truly yours, Frank M. Flynn FMF:DLG:ipc:kls cc: Ms. Kim Hysni Mr. Steve Gale Mr. Bill Crocker Mr. Gary Wood, Whitethorn, LLC Mr. Jeff Kleinman Mr. Michael Robinson Poruual-2065024.1 0021097-00006 EXHIBIT LIST Exhibit A: Consenting Signatures of Abutting Property Owners Exhibit B: Consenting Signatures of Affected Property Owners Exhibit C: Fee Deposit of $1,530 Exhibit D: Certificates of Lien and Tax Payment Exhibit E: Title Information and List of Affected Property Owners Exhibit F: Map of SW Beveland Road Right-of-Way Vacation Map of SW Beveland Road Right-of-Way Vacation: Affected Area Exhibit G: Legal Description of Area To Be Vacated d EXHIBIT A Consenting Signatures of Abutting Property Owners GRiffiN LANd SURVEYINCI 12700 SW North Dakota St. —Suite 180, PMB 216—Tigard, Or. 97223 Office: (503)579-8503 Fax: (503)579-6823 April 2, 2001 S.W. Beveland Road - Right of Way Vacation Legal Description A portion of SW Beveland Road as platted in "Hermoso Park", a subdivision filed in Washington County Plat Records, situated in the NE 1/4 of Section 1, T.2S., R1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the Southwest corner of Lot 16 of said "Hermoso Park"; Thence Easterly along the North right of way line of said SW Beveland Road to a point 46 feet westerly, when measured at right angles, from the centerline of SW 72nd Avenue; Thence parallel with said centerline, S 2°33'30" W, 30.17 feet to the centerline of said SW Beveland Road; Thence continuing parallel with the centerline of said SW 72nd Avenue, S 2°33'30" IJV, 22.37 feet; Thence along the arc of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 22°24'32" (chord bears S 13045'46" W, 7.77 feet) a distance of 7.82 feet to the South right of way line of said SW Beveland Road; Thence along said South right of way line, N 81°54'22" W, 150.17 feet; Thence along the arc of a non-tangent curve concave Northeasterly, radius point bears N 29027'42" E, 245.00 feet, through a central angle of 9°16'59" (chord bears N 55053'48" W, 39.65 feet) a distance of 39.69 feet; Thence along the arc of a reverse curve concave Southwesterly, having a radius of 305.00 feet, through a central angle of 5035'26" (chord bears N 54003'02" W, 29.75 feet) a distance of 29.75 feet to a point S 8°05'38" W from the Southwest corner of said Lot 15; Thence N 8005'38" E, 28.71 feet to the point of beginning. Courses in the above description are derived from a Record of Surrey prepared in March 2001 by Minister-Glaeser Surveying Inc. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON Exhibit B: Legal Description(Affidavit JULY 25,1985 of Consent for Abutting Property KENNETH D. GRIFFIN Owners) 2147 AFFIDAVIT OF CONSENT FOR ABUTTING PROPERTY OWNER TO VACATE A PORTION OF SW BEVELAND ROAD Lowe's HIW, Inc., a Washington corporation, ("Lowe's") is the successor by merger to Eagle Hardware & Garden, Inc., a Washington corporation which acquired title to the real property referenced as Tax Lots 2706 and 2707, otherwise respectively referred to as Lots 30 and 31 of Hermosa Park, Washington County, Oregon, as shown on the attached Exhibit A. The undersigned does hereby confirm that Exhibits "A" and `B" attached hereto and incorporated herein have been reviewed on Lowe's behalf. As an "abutting property owner" as defined within ORS 271, Lowe's hereby freely consents to the aforementioned vacation petition for vacation of the street area as shown on attached Exhibit"A". LOWE'S HIW, INC. Michael L. Skiles, Vice President tit?tci STATE OF CALIFORNIA ) ss. County of San Diego ) On this day of l , 2001,before me, L ,r ''` a NotaryPublic of said state, personal eared Michael L. Skiles ersonall known to me p P Y�,._� nrpy "rl ,at' ) to be the personw whose name% sL subscribed-to the within instrument and acknowledged to me th t e s� or tKy executed the same in is h sort it authorized capacity(i and that b is, Kr or th4r signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SEAL] v ANDA PER Notary Public for California NOTARY �LIC-CALIFORMA6 My commission expires: — „� SAN DIEGO COUNTY 0 COMM.EXP.OCT.30 20021 Portlndl-2068999.1 0021097-00006 AFFIDAVIT OF CONSENT OF ABUTTING PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD Louie A. Stober and Jessie L. Stober hold title to the real property, Tax Lot 1604, Lot 16 in Hennoso Park, located in Washington County, Oregon, and shown on the attached Exhibit A. We, Mr. and Mrs. Louie Stober, after having reviewed Exhibits "A" and "B", attached hereto and incorporated herein, and being abutting property owners as described in ORS 271, do hereby freely give our consent to the aforementioned vacation petition. By: J u f �--- Printed Name: i 11 w 16--1 Date: 4rrn & % /r PrintO Name: Date: —5— " STATE OF OREGON ` ) ss. County of Z-; Personally appeared before me on O1 the above named Louie A. Stober and acknowledged the foregoing to--e-his voluntary act and deed. OFFICIAL SEAL GEORGE V SCHAAR NOTARY PUBLIC-OREGON COMMISSION NO.A32nis Notary ublic for Oregon MY COMMISSION EXPIRES DEC is,2005 My COIn1nlSSlon expires: STATE OF OREGON ) ss. County of Personally appeared before me of *her 2001 the above named Jessie L. Stober and acknowledged the foregoing tooluntary act and deed. Nd6ry P is foi regon My commission expires: Portlnd 1-2069401.1 0021097-00006 s AFFIDAVIT OF CONSENT OF ABUTTING PROPERTY OWNER TO VACATE A PORTION OF SW BEVELAND ROAD Whitethorn, LLC holds title to the real property, Tax Lot 1900, Lot 15 in Hermoso Park, located in Washington County, Oregon, and shown on the attached Exhibit A. We, Gary M. Wood and Thomas E. Thornton, members, Whitethorn, LLC, after having reviewed Exhibits "A" and "B", attached hereto and incorporated herein, and being an abutting property owner as described in ORS 271, do hereby freely give our consent to the aforemention d vacation petition. Y: Printed Name: , ary M. Wood Date: By: - Printed Name: Thomas E. Thornton Date: STATE OF OREGON ) ss. County of �m4 co�zp, ) Personally appeared before me on 1 rm (o , 2001 the above named Gary M. Wood and acknowledged the foregoing to be his voluntary act and deed. OFFICIAL SEAL CSR VTERAZA NCFrARY PL18 G-0RE..(',0N \ COMMISSION NO 31214% 11 Notary Public for Oregon MY coWsloNEXPIRES MAY 2 , 3() My connnission expires: STATE OF OREGON ) ss. County oL &J ) Personally appeared before me on T ���� , 2001 t1 above named Thomas E. Thornton and acknowledged the foregoing to be his voluntary act and eed. mae�mura+!rs+�rxsaw.€nrsesrevreuaiuxla:r.�uoxx.+..r.�xm•ac:.;,u-.. OPFgg!(;t�a^4p.M�SEAL NKOTARY PUBLIC4.)�,rd-;,0F,4Notary Public for Ore on COWISS!ON NO 312149s; My t`,t.OMISSION EXPIPEs Mqa F ,002 My commission expir s: "nsccm srs.:,mxs^snx:re�m-.a .:.-q ', eear..•mma raa,ra:eam-�w.a r Pordndi-2069009.1 0021097-00006 p z W e�Q V N2¢ O O�J v� W LO z RE ' NW O ZCO Ll- r^ J � O N c n Z Q)~¢ N� I Dir C, Cal � ox — �O \ _Q z N m \ I mm PuZz Ms a — NAi ; _ rl m O m� m moo o3z w C4 U vjz Nw Co N�= � oW¢ •� P, Q. _^ oWV ¢o ® oWm NQ Z oRw cn N b n NCO V U^Cl)N QQ2 Q� z Qv ¢a v o 1 y~p9Y v�q Q o¢� CN 0 c in O NK NW Q N0¢ N2 O r h 47 p ca 1 3 OW q�V G)¢mNmbn Q. QU 0�2 N � W^ N O Ri N N S p �U W cN Vii c`ou N W NZ� W N z.to M Q. O M � ow oa wW o 0 0 ¢En C3 o� Co ti N r0i N'� p NQ WCa Z U U U O¢Z n 3 W o W �¢ O W p g0g00 �W W � vcW� ¢2 002 ^ N�yy 00 q�QW NW OWQ J c� ¢ Nw� EXHIBIT B Consenting Signatures of Affected Property Owners AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD I, Michael Ryan Andrus, am the owner of tax lot 2100, Map No. 2S101AB and own property within the affected area of the street vacation. I hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind my successors, assigns and heirs as to this tax lot. By: Printed Name: /),(e Date: q"/Z•(f)( STATE OF OREGON ) ss. County of Personally a,peared before me on /� �7 , 2001 the above named t�-atl 9 /401-•1' and acknowl dged the foregoing to be his/her voluntary act and deed. jgGh OFFICIAL SEAT. i GEORGE V SCHAAF Notary P lic for Oregon NOTARY PUBLIC-OREGON COMMISSION NO.A329618 My commission expires: Z / MY COMMISSION EXPIRES DEC 14,20091 Portl nd i-2070055.1 0021097-00006 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD We, John M. Berman and Michael L. Summers, are the owners of tax lot 2000, Map No. 2S 101AB and own property within the affected area of the street vacation. We hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind our successors, assigns and heirs as to this tax lot. ( 'I '-­ J� By: . Printed N m : Berman Date: 'mss t By: Printe ame: Michael L. Summers Date: q 2- STATE OF OREGON ) ss. County of ) Personally appeared before me on �' , 2001 the above named John M. Berman and acknowledged the foregoing to be his voluntary act and deed. =PUSLIG—OREGON EAL RS OREGON .336364MY COMLY 11 2004 Notary Public for Oregon My commission expires: 7 STATE OF OREGON ) ss. County of ) Personally appeared before me on , 2001 the above named Michael L. Summers and acknowledged the foregoing to be his voluntary act and deed. OFFICIAL SEAS. JUDY A STAFFORD # NOTARY PUBLIC—ORIEG-N I l COMMISSION NO.318669 Not Public,, r Oregon MY COMMISSION EXPIRES DEC; -)(, M commission expires: `/i7 - G A Portlnd 1-2070054.1 0021097-00006 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD L Mark Rockwell, am the authorized representative of Hampton Park LLC, which owns tax lot 1000,Map No. 2S101AB and owns property within the affected area of the street vacation. I hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind my successors, assigns and heirs as to this tax lot. y- cz"`" �•% Printed N e:Mark Rockwell Dare: VIIMI I — f STATE OF OREGON ) ss. County of ) Personally appeared before me onAXIL- 11 , 2001 the above named 14A* and acknowledged the foregoing to be his/her voluntary act arid deed. ` OFFICIAL SEAL KENT KRAFVENotary Public reg NOTARY PUBLIC-OREGON COMMISSION NO.325536 My commission expires: � lew 5 MY COMMISSION EXPIRES JULY 25,2003 Paella!!-2070060.1 oo�tU)7-OOt)�6 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER TO VACATE A PORTION OF SW BEVELAND ROAD I, Jerry Koberlein, am the owner of tax lot 1608, Map No. 2S 101 AB and own property within the affected area of the street vacation. I hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind my successors, assigns and heirs as to this tax lot. PVted ame: Jerry Koberlein Date: STATE OF OREGON ) ss. County of fo, ) Personally appeared before me on "� .�`� , 2001 the above named Jerry Koberlein and acknowledged the foregoing to be his voluntary act and deed. [f: OFFICIAL SEAL 4 GEORGE V SCHAAF Notary Pu is for Oregon NOTARY PUBLIC-OREGON OMMISSION NO.A329818 My commission expires:ION EXPIRES DEC 14,2003 Portlndl-2070042.1 0021097-00006 FFECTED PERTY AFFIDAVIT OF CONSENT OTOION OF SW BEVELAND ROAD OWNER(S) TO VACATE A Lowe's H1W, Inc a Washington corporation, as successor by merger to Eagle Hardware &Garden,Inc., a Washington corporation,is the owner of tax lots 2702 and 2705, Map No. 2S101AB and owns property within the affected area of the street vacation. In my authorized capacity, on behalf. of Lowe's BIW,Inc., the undersigned does hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall be binding on Lowe's THW, Inc.'s successors and assigns as to these tax lots. Lowe's FW Inc. Printed Name: Michael L. Skiles,Vice President Date• am 1 311� 0 Q/ STATE OF CALIFORNIA ) ss. County of �' ) On this�-� day of o , 2001,before me a Notary Public of said state,personally appeared Michael L. Skiles personally known to mem to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. c [SEAL] Notary Public for Californth L NDA PERRY My commission expires: t&JRYOOK#1197603 PUBLIC-CALIFORMA m DIEGO CommK FXW.OCT.30,2002 6 Ponlnd 1-2070071.1 0021097-00006 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD Lowe's HIW, Inc., a Washington corporation, as successor by merger to Eagle Hardware & Garden, Inc., a Washington corporation, is the owner of tax lots 2706 and 2707, Map No. 2S101AB, and is the rightful owner of the property within the affected area of the street vacation. In my authorized capacity, on behalf of Lowe's HIW, Inc., the undersigned does hereby consent to the vacation of the street area as shown on attached Exhibit "A". This consent shall be binding on Lowe's HIW, Inc.'s successors and assigns as to these tax lots. LOWE'S HIW, INC. By: ,,&/� 4C_ Michael L. Skiles, Vice President Date: ' STATE OF CALIFORNIA ) ss. County of San Diego ) 3 On this fday of �= � ,• ` , 2001,before me,��G�I '`����`��� , a Notary Public of said state, personally appeared Michael L. Skiles personate lawn to m to be the persons whose nameaX subscribe to the within instrument and acknowledged to meta e,'sXe or ty executed the some in ,,ls or it authorized capacity(;) and that by is, r or tr signatures on the instrument the person, or the entity upon behalf of which the person04 acted, executed the instrument. WITNESS my hand and official seal. LINDA PERRY [SEAL] COMM.#1197603 NotaryPublic for California • NOTARYPUSLIC-CALtFaRNiAQ ` SAN DIEGO COUNTY M mission expires: C COMM.EXP.OCT.30,2002 J y comp j Portlndl-2069972.1 0021097-00006 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD We, Hugh R. McCaffery and Nancy J. McCaffery, are the owners of tax lot 2703, Map No. 2S l01AB and own property within the affected area of the street vacation. We hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind our successors, assigns and heirs as to this tax lot. f B � Printed Name: gh . McC Date: /C —_-- By: Printed Name: anc J. McCaffery Date: /Co 01 STATE OF OREGON ) ss. County of &*RPffl,5 ) Personally appeared before me on IU W� , 2001 the above named Hugh R. McCaffery and acknowledged the foregoing to be his voluntary act and deed. OFFICIAL SEAL LISA LOCKWOOD NOTARY PUBLIC-OREGON Ci)AilviiSSii]N NO.344199 Notary Public for Oregon Z MY COMMISSION E : !I�.tS MAR.22,2005 My commission expires: STATE OF OREGON ) ss. County of CAuk"5 ) Personally appeared before me on �Ao , 2001 the above named Nancy J. McCaffery and acknowledged the foregoing to be her voluntary act and deed. 96L— Cil=1- SEAL °-' LI;3,A L6CKWOOD Notary Public for Oregon NOTARY PUBLIC-OREGON My commission expires: COMMISSION N0.344199 MY COMMISSION EXPIRES MAR.22,2005 Portlndl-2070029.1 0021097-00006 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD We, David Newham and Barbara Newham, are the owners of tax lot 2704, Map No. 2S11 AB and own property within the affected area of the street vacation. We hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind our successors, assigns and heirs as to this tax lot. By: -- Printed Name: t� Date: — — Printed Name: Date: V- STATE OF OREGON ) ss. County of ) Personally appeared before me on /, , 2001 the above named David Newhain and acknowledged the foregoing to foe his voluntary act and deed. OFFICIAL SEAL GEORGE V SCHAAF :NOTARY PUBLIC-OREGON �OMMISSION NO.A32961b Notary ublic for Oregon MY COMMION EXPIRES DEC 14,2003 y p My commission expires: 3 STATE OF OREGON ) ss. County of ) Personally appeared before me on �// q tti , 2001 the above named Barbara Newham and acknowledged the foregoing to be her voluntary act and deed. =EXPIRES EAL HAAF -OREGON Notary P lic for Oregon .A320618 M commission expires: / y 3 MY COMEC 14,2003 }' p Port Ind l-2069748.1 0021097-00006 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD We, Alan D. Roth and Linda A. Roth, are the owners of tax lot 1700, Map No. 2S 101 AB and own property within the affected area of the street vacation. We hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind our successors, assigns and heirs as to this tax lot. Printed Name: Alan D. Roth. Date: 4//i?40/ By: Print Name:/L'�nda A. Roth Date: ry// 7/0 1 STATE OF OREGON ) / ) ss. County of "p 41 trz-~ ) Personally appeared before me onAif � / , 2001 the above named Alan D. Roth and acknowledged the foregoing to be and deed. [fOFFICIAL SEAL AM GEORGE V SCHAAF NOTARY PUBLIC-OREGON No*taublic for Oregon OMMISSION NO.A32"18 ION EXPIRES DEG 14,2003 My commission expires: STATE OF OREGON ) ss. County of ) Personally appeared before me on /,o // ��t� , 2001 the above named Linda A. Roth and acknowledged the foregoing to be her voluntary act and deed. Ask& OFFICIAL SEAL GEORGE V SCHAAF NOTARY PUBLIC-OREGON Notary ublic for Oregon COMMISSION NO.A329818 MY COMMISSION EXPIRES DEC 14,2003 My commission expires: /-Z / / 4 Portlndl-2070010.1 0021097-00006 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD I, Carole A. Rovig, am the owner of tax lot 1605,Map No. 2S101AB and own property within the affected area of the street vacation. I hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind my successors, assigns and heirs as to this tax lot. B Printed Name-. Carole A. Rovig Date. STATE OF OREGON ) ss. County of ) Personally appeared before me on� alle", 2001 the above named Carole A. Rovig and acknowledged the foregoing to be her voluntary act and deed. damOFFICIAL SEAL GEORGE Y SCHAAF Notar Public for Ore NOTARY PUBLIC-OR WN 'z commission expires: ll COMMISSION NO.A32MIG MY p MY COMMISSION EXPIRES DEC 14,2W Portl nd l-207003 6.1 0021097-00006 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD We, Louie A. Stober and Jessie L. Stober, are the owner(s) of tax lot 1604, Map No. 2S1 lAB and own property within the affected area of the street vacation. We hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind our successors, assigns and heirs as to this tax lot. Printed Name: G-4)" i is A Date: '�` y f By:: Printed N ej- Date: - � STATE OF OREGON ) ss. County of ) Personally appeared before me on 001 the above named Louie A. Stober and acknowledged the foregoing to be his voluntary act and deed. OFFISEAL GEORGE V scmw NOTARY PUSUC-OREGON Notar ublic for Ore on COMMISSION NO.ASEMIE y g o MY COMMISSION EXPIRES DEG 14.M My commission expires: 2//y/ STATE OF OREGON ) �p ss. County of � % Personally appeared before me on 2001 the above named Jessie L. Stober and acknowledged the foregoing te-kms v� ary act and deed. 7, OFFICIAL SEAL Notary P 1 ! Oregon PEGGY R NUSE NOTARY PUBLIC - OREGONCOMMISSION N . 32752 i1!1y commission expires: MY COMMISSM EXPIRE O EP.28,20038 Poi thid l-206939 8.1 0021097-00006 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD "lG�}� � xJ rarethetoowners of tax lot 1900, Map We, t No. 2S lO IAC and own property within the affected area of the street vacation. We hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind our successors, assigns and heirs as to this tax lot. Printed Name: By: N Printed Name- ---—' Date: STATE OF OREGON ) ss. County of GU14SN7M6-Toti ) Personally appeared before me on2001 the above named Rah) SpA) and acknowledged the foregoing to be his voluntary act and deed. OF=SEALCATHMNOTARY ONCOMMIS346 Notary Public for Oregon MY COMMISSI0,1001 / My commission expires: 65 rw, 2-00 STATE OF OREGON ) ss. County of Personally appeared before me on .= , 2001 the above named and ackr owyled -th'e foregoing to be her voluntary act and deed. Notary Pu it Oregon My commission ex Portlndl-2069892.1 0021097-00006 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD I, Linda Nishi-Strattner, am the authorized representative of Triangle Properties, the owner of tax lot 1609, Map No. 2S101AB, located within the affected area of the street vacation. I hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind my successors, assigns and heirs as to this tax lot. n Printed Name: Linda Nishi-Strattner Date: �fr/0— 01 STATE OF OREGON ) ss. County of ) Personally appeared before me on ' /%� 2001 the above named Linda Nishi-Strattner and acknowledged the foregoing to be her voluntary act and deed. OFFICIAL L GEORGE V SCHAAP NOTARY PUBLIC—OREGON Notary Pu lie for Oregon COMMISSION NO.A329818 My corn nission expires: �z�/5'/O MY COMMISSION EXPIRES DEC 14,2005 —T Porti nd l-2070059.1 0021097-00006 AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD A'od f7gfir, j,^ /YJ, Wjtifr++y I, Eugene P. Whitney rn the ownei;of tax lot 1601,Map No. 2S101AB and own property within the affected area of the street vacationereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind wty successors, assigns and heirs as to this tax lot. o«/ �W"�Oai By: .�— Printed ame: Eu ene P. Whitney p6-,te j 44P-e : ��%G�•w /J�! W(i t"nt�• Date: �/? � PQ-FG STATE OF OREGON ) ss. County of G✓S�• t°"' ) Personally appeared before me on/!�o/l 17r� , 2001 the above named Eugene P. Whitney and acknowledged the foregoing to be his voluntary act and deed. OFFICIAL SEAL GEORGE V SCMAAF Notary ublic for Oregon NOTARY PUBLIC-OREGON M commission ex ices: -� 4 COMMISSION NO.A329818 Y p MY COMMISSION EXPIRES DEC 14,2003 We �4t/C y9alh'iCd l y�!'1G�`ot Oji• ll��.`�ht� +err► C,G/cnvt.✓ �� ` r90JA'tS �a ve 4,0,, d/o/t�isf`i✓Y AGf Am dGCd, Port]nd 1-2070037✓.1 0021097-00006 0000, OFFICIAL SEAL GEORGE V SCHAAF NOTARY PUBLIC-OREGON COMMISSION NO.A329816 MY COMMISSION EXPIRES DEC 14,2003 /11/V (i "'"'°'`f f'�'+ �,5,►as ��/ y�D� AFFIDAVIT OF CONSENT FOR AFFECTED PROPERTY OWNER(S) TO VACATE A PORTION OF SW BEVELAND ROAD We, Gary M. Wood and Thomas E. Thornton, members Whitethorn LLC, are the owners of tax lot 1900, Map No. 2S 101AB and own property within the affected area of the street vacation. We hereby consent to the vacation of the street area as shown on attached Exhibit A. This consent shall bind our successors, assigns and heirs as to this tax lot. B Printed Nam, aryM. oo4 Date: 41 By: PrintedN me: Thomas E. Thornton Date: 7/41 i 2O0/ STATE OF OREGON ) ss. County of MVA-W ) Personally appeared before me on , 2001 t e above named Gary M. Wood and acknowledged the foregoing to be his voluntary act and deed. OPFIGAL SIAL Fi Imo:TARY P BLIG-CRFEG N Y'; Notary Public for Ore Ct3i� IISSlOzI wt� �` h My commission expir s M YC""01WW'U S`1'A E OF OREGON ) ss. County of ) Personally appeared before me on WN Y , 2001 the above named Thomas E. Thornton and acknowledged the foregoing to be his voluntary c d deed. OFFICIAL SEAL �i �ypc RAR pp V yER f,[ � ..� COMM;SION NO � .•.f=-,; Notary Public for Greg n {.¢ MY(.C)MMIS3SION EXPIRES MAY2-,,' rU 2 4' My commission ex ire Portlnd I-2069892.1 0021097-00006 a � O O� �O J N Q ¢w� v � U CQ W q N ck: O 02 N p O� Nm I CO M .0£,f£ZS CapuZL Ms z 4 U ',zr ZZr rn2 0 N O OQ1uiQw J r d W ca 0 arl- I O ' pp C4 cl) ►� C O CN �z� z w c' N U co OC9U �� •W '- Q O 0 W 0 Y. °pad Z3 Cli Q1 OV Nm� b n �F O Q O' N�¢.1^3S O U PI 0.7 ^¢¢ OJ 00 2 Z 21 Q¢z ¢� it P P 0 f �oJ �oJ Q v2 O� O m t3 O NW Q Nq¢ o0S¢� to U cn¢O m w n b0 O Q N � I ^M N ^¢WJ C cU O O_J Nrn yW ' h=rcU c'� Ct N ONh �L W O ~ W 04 �w ti¢2 j O O O QU co ¢N v O 3¢ W Own J NW41 O¢ UU N^� ^yam¢ a Q Cj C4 OC m¢W NW OWE ¢ N643 EXHIBIT C Fee Deposit of$1,530 EXHIBIT D Certificates of Lien and Tax Payment , First American Title Insurance Company of Oregon 5 C y•1 An assumed business&TITLE INSURANCE COMPANY OF OREGON 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512 (503) 222-3651 FAX (503) 790-7865 or (503) 790-7858 March 28, 2001 Order No. 917998 Re: Eagle Hardware & Garden, Inc. SUPPLEMENTAL LIMITED LOT BOOK SERVICE Fee: $100.00 Government Fee: $50.00 Stoel Rives LLP 900 SW Fifth Avenue Suite 2300 Portland, OR 97204-1268 Attention: Bill Rodgers We have searched our Tract Indices as to the following described property: For legal description see Exhibit "A" attached hereto; and as of March 2, 2001 at 8:00 a.m.: We find that the last deed of record runs to: EAGLE HARDWARE AND GARDEN INC., a Washington corporation; We also find the following recorded monetary encumbrances: 1. City liens, County Assessments, Special Assessments, Homeowners Assessments liens, if any. An inquiry has been directed to the clerk of the City of Tigard, and no city liens were found as of March 19, 2001. We have also searched our GeneralIndex fojudgments and state and federal tax liens against the above named grantees and find thefollowing: -NONE- We also find the following taxes: NOTE: Taxes for the year 2000-2001 paidi29 ull. Tax Amount $1,15d Cade No. 023.81 2S11A6-02706 Map & Tax Lot No. 8457482 Account No. (Affects Parcel 1) NOTE: Taxes for the year 2000-2001 aid i 9 full. Tax Amount $1,04 Code No. 023.81 2S11AB-02707 Map & Tax Lot No. 8457491 Account No. Page 2 Order No. 917998 NOTE: The address of the property described herein is: 7310 SW Beveland Rd. Tigard, OR THIS IS NOT A TITLE REPORT, since no examination has been made of the title to the above described property. Our search for monetary encumbrances was limited to our Tract Indices and therefore above listings do not include additional matters which might have been disclosed by an examination of the record title. We assume no liability in connection with the Lot Book Service and will not be responsible for errors or omissions therein. The charge for this service will not include supplemental reports, rechecks or others services. FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON lay'U4 V, JAMES V. REED Title Officer (503) 790-7861 JVR:tt cc: Stoel Rives LLP Attn: Bill Rodgers Order No. 917998 EXHIBIT "A" PARCEL I: Lot 30, HERMOSO PARK, in the City of Tigard, County of Washington and State of Oregon. PARCEL II: Lot 31, HERMOSO PARK, in the City of Tigard, County of Washington and State of Oregon. �s k First American Title Insurance Company of Oregon .y An udu�d busims of TnU INSURANGB OOMPANY Of ORMON 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512 (503) 222-3651 FAX (503) 790-7865 or (503) 790-7858 April 30, 2001 Order No. 923668 Customer No. Re: 5tober LIMITED LOT BOOK SERVICE Fee: $100.00 Stoel Rives LLP 900 SW Fifth Avenue Suite 2300 Portland, OR 97204-1268 Attention: Bill Rodgers We have searched our Tract Indices as to the following described property: For legal description see Exhibit "A" attached hereto; and as of April 24, 2001 at 8:00 a.m.: We find that the last deed of record runs to: LOUIE AUGUST STOBER and JESSIE LENA STOBER; We also find the following recorded monetary encumbrances: 1. City liens, County Assessments, Special Assessments, Homeowners Assessments liens, if any. Note: An inquiry has been directed to the clerk of the City of Tigard, and no city liens were found as of April 27, 2001. 2. Trust Deed, including the terms and provisions thereof, given to secure an indebtedness of $30,000.00 Dated July 2, 1999 Recorded July 9, 1999 as Fee No, 99081700 Grantor Louie A. and Jessie L. Stober Trustee Transnation Title Insurance Company Beneficiary Oregon Central Credit Union Loan No. 230252-091 We have also searched our General Index for judgments and state and federal tax liens against the above named grantees and find the following: _NONE- Page 2 Order No. 923668 We also find the following taxes: Taxes for the year 2000.2001: Tax Amount . $1,998.27 Unpaid Balance . $1,523.59, plus interest, if any. Code No. : 023-81 Map & Tax No. . 2S11AB-01604 Account No. , R457259 NOTE: The address of the property described herein is: 7305 SW Beveland Rd. Tigard, OR 97223 THIS IS NOT A TITLE REPORT, since no examination has been made of the title to the above described property, Our search for monetary encumbrances was limited to our Tract Indices and therefore above listings do not include additional matters which might have been disclosed by an examination of the record title. We assume no liability in connection with the Lot Book Service and will not be responsible for errors or omissions therein. The charge for this service will not include supplemental reports, rechecks or others services. FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON /' JAMES V. REED Title Officer (503) 790-7861 J V R:tt THANK YOU FOR CHOOSING FIRST AMER/CAN TITLE Order No. 923668 EXHIBIT "A" Lot 16, HERMOSO PARK, in the City of Tigard, County of Washington and State of Oregon. ��,: h'► <<.7 First American Tine Insurance Company of Oregon An assumed busima of TITLE INSUWWCE COMPANY OF OREGON „ �. 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512 (503) 222-3651 FAX (503) 790-7865 or 1503) 790-7858 April 30, 2001 Order No. 923669 Re: Whitehorn LLC LIMITED LOT BOOK SERVICE Fee: $100.00 Stoel Rives LLP 900 SW Fifth Avenue Suite 2300 Portland, OR 97204-1268 Attention: Bill Rodgers We have searched our Tract Indices as to the following described property: For legal description see Exhibit "A" attached hereto; and as of April 24, 2001 at 8:00 a.m.: We find that the last deed of record runs to: WHITEHORN, LLC; We also find the following recorded monetary encumbrances: 1. City liens, County Assessments, Special Assessments, Homeowners Assessments liens, if any. An inquiry has been directed to the City Clerk of Tigard, and no city liens as of April 27, 2001. 2. Trust Deed, including the terms and provisions thereof, given to secure an indebtedness of $165,500.00 Dated June 21, 1996 Recorded August 13, 1996 as Fee No. 96072237 Grantor Whitehorn, L.L.C. Trustee Ticor Title Insurance Company Beneficiary Barbara L. Roberts and Cornish L. Roberts, Trustees of the Cornish L. Roberts and Barbara L. Roberts Trust, executed the &th day of March 1994 We have also searched our General Index for judgments and state and federal tax liens against the above named grantees and find the following: -NONE- Page 2 Order No. 923669 We also find the following taxes: NOTE: Taxes for the year 2000-2001 paid in full. Tax Amount $1,999.65 Code No. 023.81 Map & Tax Lot No. 2S11AB-1900 Account No. R457339 NOTE: The address of the property described herein is: 12465 SW 72nd Avenue Portland, OR 97223 THIS IS NOT A TITLE REPORT,since no examination has been made of the title to the above described property. Our search for monetary encumbrances was limited to our Tract Indices and therefore above listings do not include additional matters which might have been disclosed by an examination of the record title. We assume no liability in connection with the Lot Book Service and will not be responsible for errors or omissions therein. The charge for this service will not include supplemental reports, rechecks or others services. FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON JAMES V. REED Title Officer (503) 790-7861 JVR:tt THANK YOU FOR CHOOSING FIRST AMERICAN T/TLE Order No. 925669 EXHIBIT "A" Lot 15, HERMOSO PARK, in the City of Tigard, County of Washington and State of Oregon, THIS MAP IS FURNISHED AS A CONVENIENCE IN LOCATING PROPERTY AND THE COMPANY ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY ACTUAL SURVEY Faust American ritte Insurance Company of Oregon An Assumed Dusrness name Or TITLE INSURANCE COMPANY OF OREGON 1700 S.W. FOURTH AVENUE. PORTLAND. OR 97201-5512 (503) 222-3651 �s• N I1� 1404 man 1C.5 Na 107741 .700 1403 1402 1 1401 1300 1200 1100 I m II 7 � 6 g •row ..ai 4 3 e01 led' - too' t�7� /1 P� I00' toe' Ta " ' E R jWV S 0 100' 7@.a"a 1.�. l _ a KPIP w 07 1605 aa• roo' a s�- ss'w WAY I?pp 1 Igo �t � +salIoo . � ^ ' •+'1603 r `r• � o OF r. r MCIT r'Lr 3 �1'� If7 r1 11 (J` 4 INITIALrolxr LL coe.tatowte 1 4 0 .�� wea�+cwl�olt 12 ' i 3 YL_ CC& c U da c cc= dsai za .t-c se I jp cw•n'[ a•Iras* toa ; A aa• f' 1004 1606 c Mao tic* Ioo rrg• =I sat , os 1 1.Te Ao. 1604 1$06 ►o rsaaa• t� 1 lIi/1T111 c y R l9 � r POINTtw[-YLLaMD M. _ r8 $ 17 16 2t 2100 s lie, Ile ' 0. ROAD 270 r w r Z7fl¢�D ree E E r 2705 'so , of Igo,r ) 27'06 2?D�os.s' � a, 25 w 80 D R $ S. W. w • 3t r X&Mlie s � :+ • o � 2 5 og b MAP g 'OSES ONLY 2s ' ► I ANY OTHER USE — I�•r ea i EXHIBIT E Title Information and List of Affected Property Owners S� AMERf First American 'Title Insurance Company of Oregon Washington(Ort) Prepared For: Prepared By:GREG KOTT Customer Service Department 1700 SW Fourth Avenue , Portland,Oregon 97201-5512 Phone: (503)222-3651 Fax:(503)790-7872 OVVNERSRIP INFORMATION Owner :Eagle Hardware&Garden Inc RefPareel Number :2S 101AB 02706 CoOwner T:02S R:01W S:01 Q.253 Site Address :7310 SW Beveland Rd Tigard 97223 .Parcel Number :R0457482 Mail Address :PO Box 1111 Noah Wilkesboro N'c 28656 Map Nwnber Telephone :(hurter: Tenant: 503-639-9441 County :Washington(OR) SALES AND LOAN INFORMATION Transferred : 12/10/1998 Loan Amount Docunnent# : 139987 Lender Sale Price :$200,000 Loan Type Deed Type :Warranty I•ntemstRate Owned : 100 Vesting Type :Corporation PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page& Grid : 655 G4 4fk1f tmd ;S83,710 Census : Tract:307.00 Block: l MktStrueture Subdivision/Plar :Hermoso Park MktOther Neighborhood Cd : DMTG - MktTotal :$83,71.0 Land Use : 1012 Res,Improved MSO slssd Total :$83,710 Legal : MIZMOSO PARI(,LOT 30,SEGREGATIO %Improved PENDING 00-01 Taxes :$1,159.29 ExemptAmount Ext:mpt Type Levy Code :02381 Millage Rare : 15,2749 PROPERTY CHARACTERISTICS Bedrooms :3 Lor Acres rearBuilr : 1960 Bathrooms :2.00 Znt SgFr WearBlr : 1960 Hear Method :Forced Bsm Fin Sq.F't Floor Cover : Carpet Pool Bsm Unfrn SgFt Foundation :Concrete Ftg appliances .Sent LOW Sq.Ft FtoofShope Dfshwasher BldgSgFt : 1,932 Roof Mad :Comp Shingle Flood Fan 1st Fir SgFr : 1,832 1InteriorMat :Drywall Deck Upper Fir SgFt Paving Marl :Concrete Garage Type :Community Porch SgFt Const Type ;Wd Stud\Shtg Garage SF :464 Attic SgFt Ext Finish :252 Deck SgF1 This title information has been furnished,without chargo,in conformance with the guidelines approved by the State of Oragon Imuroncc Commissioner, The Insurance Division cautions Intermediaries that this service is designed to benefit the ultimate Insureds. indiscriminate use only benefiting intermediaries will not be perminea, Said services may Lm disconkinued. No liability Is assumed rur any errars in this report. S ,S RMS q, 6�4 ray T101 SPACH 0001MU FOR RttCCt [W5 IMT all GTA"OF OMMM so D • 0211my all Vdeatlinttion I ,,...r. at AMA Ada Tanto"nMn tat Haw@,He,*were& ,,(ao, Oark laFprold AMy t6 I�1� ��� }moolve � ��(ryqpr, ditl at9 R$Nitil -1. a` is t i untu a dwa Is reretsial all tez et8t9ltlee66 shell be salt to pro Moviog address: •Hp(t�o Dtreotor pr IMeit;HOM a asnaen. wn►v: suO n r i en mA3LE.9I n—p='— OOC : 98199987 t PORI Ay�Vt18-S�1y, - ftot. 2$2072 231.00 $um, A. la�xo1i99® A9t57lYipm Barrow No. Title NO. STARRY WA,RWTY DBED X184„1c. *jy}WW&L Gmm", aattveya ami wa mv3 to tome j1iL4y3m a SAM, ►gA,MglGTDN Q=M N, Gmim. d!s fnllawing desmibed mal properly Free of Ibm and e-vpbreacai, m aped mq set bomb►hereln: LM 30 HERNIM PARK,IN'1'BH CITY OF TIGARD,COUNTY OF WASHINGTON AND STATE OF OMMON. SUWECT TO: STA7UTMY FOWM AND AW=SbUM OF UN011M SSWIMA06 AOMCY, MEhUM ARE WrrM THE DOUNDNARIES OF TAE TUALATIN z VALLEY WATER DWrRMT. FURTMM SUBIECI'TO: THE RIORT of TIM GR&NTOR WITHOf 90 DAYS PROM THE DATE HEREOF TO REMOVE ANY PLANTS AND SHRUBS AND ALL OR ANY PORTION OF TkM BUR DINM ON SAD PREMSM. Tbb property Is free of Ilaw aid eacumbraneas,EXCEPT: TMS @p'l.► 'RUMNT WILL RIOT ALLOW USE OF THE PROPERV DESCM99D 1H THM iNS1RummjT IN VIOIAMN OF AFKXA,W LANJO USE LAWS AND REGULATIONS, BEFORE SIGNING OR ACCEPTING THIS INSINUMIENT,THE PERSON ACQUIRIPIO FEETITLB TO THE PROPSB.TY SHOULD CHECK WTTH THE APPROPRIATE CITY OR COUNTY PLANNM DEPARTMENT TO VERIFY APpROWID USES AND TO DETERMINE ANY LINITIS ON LAAWSUM AOAITISiT PARI MO OR FOR=FRACl9CM AS DEFINED IN OR&30.990. The no camel tion far ddl CQUV8=16$?Mj"abm.Mr,*ha. .%1M%AM Dated ibis�dsW of w►m�twmtOn moirrti► Bea]eh K.WaWi;t�cn —'r t OD.t3C •IO' � � ItaTE STATE OF ORE 30N Como of WASIN070f Tide bsbummt was acknowledged aLO_ ay of D BR, 1998 by BEULAN K.WA,FIL3M QFML eeet 1 Notary t?abllc AW Orep GLOtitA M mm Ir4r+p•flkiJC40R�ttR My��T� ..:L. end: cudr�eawn No 310M - . +1T •'aoTV�'w-r1�7tt��•;•�+iAa'!'`.._�_',_-�..',.. n°�y�" . .. iY. r �. ..,..r . i 9S AME ,Rrc 9� First American Title Insurance Company of Oregon Washington(Olt) Prcparcd For; Pmparcd By.GREG KOTT Customvr Sctvicc Dcpartxu=t 1700 SW Fourth Avenue - Portland,Oregon 97201-5512 Phone:(503)222-3651 Fax: (503)790-7872 OWNERSHIP INFORMATION Owner :Eagle Hardware&Gard=Inc Ref Parcel Number :2S101AB 02707 CoOwner T. 02S R: 01W S:01 Q:253 Site Address ; 12545 SW 72Nd Ave Tigard 97223 Parcel Number :R0457491 Maid Address :PO Box 1111 North Wilkesboro Ne 28656 Map Number Telephone :Owner: Tenant: County :Washington(OR) SALES AND]LOAN INFORMATION Transferred : 12/10/1998 Loan Amount Document 0 : 139991 Lender Sale Price. -S207,200 Loan ape Deed Type :WatTa ity Interest irate °/o Owned -. 100 Vesting hype :Corporation PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page& Grid : 655 G4 MktLand ;$75,340 Census : 75act: 307.00 Block: 1 MktStructure Subdivision/Plat : Hermoso Park MktOther Neighborhood Cd :ID1b1'1'G MktTolal :$75,340 Land Use : 1012 Res,Improved M50 Assd Total :$75,340 Legal :HERMOSO PARK,LOT 31,SEGREGAUCr,q %Improved :PENDING 00-01 Taxes :$1,043.39 Exempt Amount Exempr Type Levy Code : 02381 Millago Rate : 15.2749 PROPERTY CHARACTERISTICS Bedrooms :3 LotAcres Year Built : 1955 Bathrooms : 2.00 Lot SgFt EffYearBlt : 1955 Heat Melhvd :Forced Bsm Fin SgFr Floor Cover :Carpet Pool Bsm Unfin SgFt Foundation :Concrete Ftg Appliances Bsm Low SgFt RoofShape Dishwasher ;Yes BldgSgFt : 1,524 RoofMatl :Comp Shingle Hood Fan I st Flr SgFt : 1,524 InteriorMat :Drywall Deck :Yes UpperFlr SgFt Pavinz.Matl :Asphalt Garage Type :Community Porch SgFt . Const Type :Wd Stud\Shtg Garage SF :396 Attic SgFt Ext Finish :245 Deck SgFt :400 Thia title Information has been famished,without charge,In conformance with the guidelines approved by the State of Oregon Insurance Commisalonor, The Insurance Division cautions intermadiafts that thla aervioe is designed to benefit the ultimate Inaurodc. Indiocriminatc use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability Is assumed for any errors in this report. eK AM6a�r %V 4� 711W WWI RtirlEWHO MR WnL'A um a Lmv STATE OF OREGONt6 tw of� 88 �.� t:aut�ty of Wad�tnatwn qpm . ,4[tc R�tmrdiaS romm w: MW4 and an 0 C aM 0k t1®►Awm a tag ga Inc.ATTN,, IIIW{fl�f' 1�D4 W 0 l MAIN ��d dMUBLI_MN --.,._,.�.. and �its� '� • ont ��rr�n�t s,�r.. Q�t�r, 11' R�Nroty WA 2m ,. Until a dmp h ran all tac=m=0 tf fRle►ai yr anis ba sato W 100 lWto 19 sora;ee: ` �� d Ic A��"'ft'&M, Doc 1 90139991 Fw* eo wit aT Azt,_R p/, Rect.. 3aa073 289.00 REMN. WA t1Atl45 larxor199e o9:�7tax�m Elmo No.9899M _j Tide No.gum STA.Tt1 MY WARRANTY DEED I M1M T(LOIIMAS MC MkGW-- Gmmr,00aveya and mm"=m to HAV12' albs A 13acb&tom..A6t� g►AMUHt3 N f'ARPaaRAMN. C3latatm the following dmcclbod tial Dtover114 bee of 1faRs�id mmmhrma,0aw ata q=ulcally set far&bmiu: LOT 312iMMOW YA=IN THE CM OP TWARD,COUNTY OF WAS1ilIQMN AM STATE OF ORMON, SUBIECT TO: STATUTORY POWM AND AS3ES MENT OF UPIMED SEWFAAC E AGENCY. PREMISES ARE WITION THE ROUNDAR168 OF TUALTA.gN VALLEY WATER DISiRAL`I`. Ibis property is fnea of ueos aaa cw=mtm=,EXCUr: THIS iNBTRuwMNT WILL NOT ALLOW USE OF THS .PROPERTY DBSCROIED IN THIS INSrMitiMEN'T IN N10I.ATOON OF A,YPIGIC,ABLB LAND USE LAWS AND REGULATIONS, BEFORE S1aNBM OR ACCl3 qMG THU MMUhUX17,THE PER90N ACQUIRING FU T[fLE TO THS PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY Pi.ANNmu DEPARTMENT TO VERWY APPROVED USUR AND TO DETERMINE A14Y L134 M ON LAWSUITS AGAINST FARMING OR FOREST PRAC=M AS DEFINED IN OR$30.990. The trueian for arms is m,4 aI"rems WAsm aommamsm,a= THOMAS MORROW mm pi .�t aaLQzL_ 1z, STATE OF OREGON mm Fam 'OEM JWda County cf'WAXIINa= Iss. TMs Wmvmmt was admowkdpd EW EA,1996 by JAMES THOMAS MORROW Nntuucy Public for 0mam QLQFNA d t an NY 186a�N ARL JAWM 'r;arima�r WeWlfA�fjttl.1 � L J®rey Fie .Q7 of Maws- IPE �•• muM and, n end: a nhi k�- � the w:lh fi+s and ,ddd`.FIV W f sglG , RIM !✓�r.%� '••:,�+��:.' f�!I til a®n�.,�i,� �'JURwesle19r11�;TYrmlbo4 -an Ara 969848441 Aeet: 143770 19.00 — o5/10/1995 10:53:43,AN ':yrs- ,, ;-• j R ±•. 'l.1,'+, Ai s ' iN i! � •r 1't lig ,'ic•ti'!J'�.J+ '',.•�r-- .1`.•. ,. j�f•. �;:'c'',•fir'•••..."•��Vp gyp;.,. —_ .-f�—r%i,°rr� �:L��T....�.J�,;�*{rr�:r,;�•�;- - - , .... "�r;' .,. •+'� �.1�C',...•r�--L'1J.:<7,`�_ ��f;.�i,_. �,�ar..p1 •'�''t,,.:l�jt•�tS ly�u'r�r:. "';f�:' J �. - .'1',•;,' .'.J•I ''t4 T-2•-----, --_ter"""'_. ... _ .,,. .w'-�r."Irrrv+nT'.Y_?,'ax!. -, ,�....�a _ e�• .,;.c „�'ijs. Y.4 n• fi'�I.f�+ nf ii,Ff:� v } ••'t."5,_M;:l..acdA..wvl,i�•w. .14aYsc:�;��' `•w.��..�.a...�..�•r :7.f4e�yrilp'bA �"ji`ta •T��`;:•J s` •W i'•i,:,_-�� .• +...���- _ .. air jj c••, ` l� PONiia sr-.wean Baa aired 14Wa-7Ruet tate Iaasrpmeard An uiclam, - -`cs:.-a^N•,•wra,..,.yf.rwwao.,stnwaorane _--•. . .. TRus4 Otto THIS TRUST DEED,made fills__JAIL........day JAMES THONI�!S 2�t7 ROW. .. _._.__ .�»M_ _ __.. __.. eAGNntn, — .�,S�5P.n na ur�rica ........ . ..........._ ,._...,as Trtntoe,and »~. .'] IN_. UR►VQUIST��.; ..,..... as 8onall aryl ( ff Grantor Irrevocably Qranta,bargains,soils and convoys fo tndefas In trust,With power at Bale,the,property In ! Wsehingtan.,,I— County,Oragorg,described as: Lot 31, NBRMOSO PARK, in the County of Washington and State of Oregon. Commonknoxn ns; 12545 S.W. 72nd Avenue. Tigard. Oregon t Tax Aaoaant No. 29101AS 02707 fogalhar with 44114M M arnWlar the hWOWN06 hafAdltanwnlo and appuflon4mos and as offer r1d6re tharewlo boladhrd or in aMrha now 6 t lor ore pr ry aep-rfanh%ant she Ionil,nates artd pmHgA nNevat Ahd an r,Mifaa Mir of hots lHof erradtaa to or Arco in ctntoermn W1M rroR TtfR Pf7RPOS8 OF SBCpR1N0 PBRPORIWANC.2 of each adtaeo,anl of granter heroin contained and payrn■nI of the sum NY �1 P• '•'�• - ----- Gailata,with interest shaman acaordici #.)M cornu rd a fflmmiasol7r ''•,. t�.^ R A note at Avon wage hatatr/fh,pyebr0,o barim"IA1ary ar order end nude by grantor,rho final pgrront of 111111141011l and lntero►f hereat, two$,—~P.Id.ro ea,,tw sed o+Y.sra..-7✓4ay.,,.9......,,....___.............. .,y 9,6. �:_'/ri.''• 7Ae dale of maturity o1 the debt ormrad by rhh indrumant b Iter date,stated above,o+which the 11n2i Installment at the Ards b...rose dye and a.ey.hhh Gltounf fro Grantor otrnor attoo M&tempt la6 ro a lijbily self,sen-'ay.of apinh An of Any petli of Mn pvve^ - ft,!4 er►y or Cor way part)of Agltanldi'a I Mated/n 1t aidaut lket OAAIIJ ' the writtal carnsnt of opptoror er fha boftofkiNY1 1.1 Ol the f"....• -: I betwt clods optlova,est oWiptiona aeegod by Ails 1ntMrmant,Irrev live of the maturltr dater eApramed thore)n,ar heroin,shall b0- -x,11• corns dmn4edlafely due and payable,The execution by grmove of As anmamin tailer agraamenCas doer net epnsNtaro a rote, volanoo or 7a tsfoted the amtrilp of thda null o,immorednner f.To Drafocf,pteAarve and mairlM n use Propedy in good condition std repair;not to remove or damollsh any buRAIII or ltd- _•:".�,�' provemani thereon;not to eoamdt or Notmlf amry waste at Me a,TO awpiefo w s rout premplly aAa18t dead and Babb eatviltion any by/Mint w:Arpwvetrmne wAtrh msY 6e aontlnrafed, dantaaed or 40royed lhatoom and Pa when rhea all m/a Incurred fberAw- a.To.rand •Web an lewo,ovdnAneas,rquisitam edraranh,eiihoWar o and nalrktdoru affecting rhe plamytyl it lin banelklan, a sA raNAl(1,IO iatn/n er'oemflfia MCic llftmpcfnq Atatenrnla pueauenr re rhe flrvforn.CM4flvlof Colo'so As J�;d.-y,n-Y.equbo aad M pay rot fdJirrt tense fn IdM pnlOimt pttblh actio■Nf•alHe/t,as rrgli ea Ila eotf ai a1f ika waraAes nude by 1111nd ofirmn,or apmhw ��•e edea>Rs+ea oras 6a deep�d deetttrete tut the fsnefletay. ` 4.Ta pew/do an►oonttnvaniy rmdnfaln lhwrtatrea spa fM balfdladA naw or Mre4 a "acted no the sok., . �geina!l�*r�o_f ••p,"; ,' dpaiadr(ty Nva an,4d�Atleh ofMf hatefds as!h■hattrliabar.neY Lae,cher ro ef.s,a.+oohs,fa an aneuetf reef d.a.IAw l,i.d4U4t8D11; u Ilue written in aoatmnlsA rerepfeW■ro the bortofh:lary,A.ah tour Asyable fa uta Isllatr ell panda,of fAau'arire Abell be dohnind to fAe bora- " ltedary■r arm u lnaured;N the grantor alas lea tar aAr mown to proavta any auah hrtwraato and to deliver the pandas re IAA befiIIII atY ' Nr 7vaef llltean dept prkr to the otplralfeh of sip Donal d lnsuratse saw ar har■elror plaerd on the buildinga,the bonoliclary may Pro- poneto aro!n ■dna Ib sAeteb, �a,udt ordat a l mar d�rtnli or A!pp ton � eea dkof benairam amountbp M rleed pr any Gert thereof.army be released to dtaefor.!Weh spa)kotta4 0-rdea.t ab+pt.M euro ee r-el-o any d.l•.tf of flat/ea.1.s.la.lr ha.s under or litvalMgte any Nor done 0offauanf to such nortm. L 7o koro the Atanerly free from eaf artbat/ae nese and Jo,s.a•AN rasa..a hvsmmia aAd.til..ts,•rJM»that.rat be,.r,.d.r Allotted upon At Asledrmt rt.■properly bolero any part At mach tutor.msosseients sad other chafes beeomo post due or deflnquent and 1 prairwor ddlvar rr-alplA theater to bandhaaryt themld rho grodfor tall M Disks Plrmsni of any fataa,misntnanto,lnrarome plamluna llsna or oUkr c►tordgs puyahb by drantar either bd'dfntet gynlant a b) avr✓rlirl(t eatsilelarr With heals With aJkh fe eaake SUM PAY' /erne.henrtfef rJr atey et bm core m,.poke Payman!lMr,-1,and FN,.aa,e.nr said ts MM••ap at the er,*set tatth fn the nose feared hereby,ledether tvhh the abJl((i,afiMA deaetdbed do aerai►apiu d and 7 of►ids trot/ dad.shall he Added la and beeches a part of f/m deter secrttad 6y Ills trust deed,w(IAeuf u A1-u el Int,.IiqgAh,� sly I-e.,bq nail ei a•,Y et Me,ea-m-f.A-feI artd for rwofi P.,- anM l r11h Inlaros7 of rfarasdd,the pfvparfi hlrolnb.fara dtue.psesi,ex WMi,u Ise Qraalor,aAol1 be bound to the Aarm caterer that they aro bound ter the paYn+anA or the oyllgaA,ea h.wtn d.ay.;Md,and.Il wM w•rAYwM dWi Z.•hnenad;am;,v d-and per4,6te wiMmt--Nva, end she nwspappGrant thenal andl,se fho option of eft.bane/lelAry,/ender ee east/scooted by this that dead Imatedlatory Jae end Par- rble atoll 4vastlWta a 1Mtsch a1 aloe►rtlst dead. . G.To ysy ell wata,her and etpen/a of/lea trout MrJrrdlrtJ the acre d thio sNreh 0A wall a/the other mmi and/rpamea at the cresta■ln�vnrad In,ssP.,eafran,-nh ar in.nbrd.,d rhA.tdtq•M..e.d fta.AroY•red afMrwrY's loos aetu.dr l,.wrral. i.7o appear!n and defoftd aro action of Prooadina Durporf/n/to ellect tilt aoartlty d0ft or powers o1 bsnalktery or Im",and In silt err t.Aetlae or4nroceacUAd I.-h,ah 1h_b.waJJ r r aroel.s rnnA,affirrsr.Jn,J.'Whoa ear..tor Ion 1/a to-•oh—v o/M;s deed. to par all seats mod eApenxa,Ineludinji a-!dance of title end rho bmwoctaries or Itaatto's afferrwy9 rets;Aha amoonl a1 allorml.Jae. menl►oned/n rile pasa(.aph 7 N all eam o.Judi b.,)lid hY 0.Nlal ee to b,J,n the,rent ad an APP--lrorn car i.:dda,ear or d—oo,d rim trial court.jtaMar z-V agroer to ae r each sum as the,p,wtfaro cower shag adlad la res-enable as the b oarikiary's or(mAnao a«. ft.any's lens en suds sximal_ rf Is mutually Agtwd that: 1 L►e filae-e•t tea!t.r Ao*Jlon or.lr.1 Aba m,•P.rtr rh.a&o eokn rends rho right of nerd-.0 d-re.l k ewafra,rr:+n.b- no- lidary"have A"rldld,i,i1 A*Gloom to require thal MAI or ray Pardon o/the monies pwabla as cdolponsoUoa fa►such fsklrrg, butt Oise Ad plef!aet Ihat tae hoe Mrsuplot mad be elide n tem M oho Is sex ecdW MaMbor Of the Orr M SUIt Kati N bin&01111 rer;palry c Asvetnt ase MAA anodalroe/oloadzed Is do holdean vodatNs tan At ataton or the tlallad&sten,a One Inspo"a,fdtnparw sdharlwd to ia/dra GIN Is" it,d alt o"tb.pbtt0telw dtbinn.rotted pr bnatAa,dr u,ulad SSofe ret anrap aq g>vtsf,Brim exmrt acau lmeaug lender 1111901605 is am a& at it list 1=0 nplineO cog am pro011 norchb al tris epbae. ' r$r,,TM CAW*tabOmb Abd 1911 in epftl eaamsa no isms to abblo!nb be0a0alalva tonfeM M romoidt 60211. n� STATE aFaRSCON, l TRUST DEED JJ dK M91.1 S-t4OM I certify that the within tne F,v- _ _ nun! wan eocolvad for record on the Z•+�. __. ,...._.:......� . __day of g arlu - ,coca aracareo at 0'el=k..,...X,and recorded .JOTitV TUR, ul in bacrRyreel/vetume Na...- — -on ;•t r' •..-•••.••••••••••,••• aaca.ora•a uw. Age Arm laallielinBtnt- :.. Wirneen my haled find oval of Mae 4nAlaN tests Nle>sy.Want IIN4 Q'wnty orllaad "N ! Jahn Turn ui®t _ ....._.�,..................._. ........ .... * . "sof.•-'��na•Avmnue ............ �T eza or'egon p ,Y . . gpL&e...... _-. Tr++r., rX�I•. . _ _. y. N NORM,: Ill details at the&==If remand 6 idelir off rmajodbla taus.octatue-end adhat-surl-&-z newmov)60 r-JJ Ot am n a 11 gum lid amid is bVJW Jed -a -1A-bd oxPert".AFA-k red I Ads 3 urn the be&. ollumor 0 Inew Mo. IA/Af At and smunrarm lArto courin,nownr P or IncurredW air fn adamz�'M MU %d ha And Aloolur SOMM4 at Its ova modrum,to ANAP a."inctAmme Aloof exam fee much jaiumareonex as awl Amweeto ca"Peregatimm,om"WJY wow Aminsfialaws ftmmd. ,sd to,A We wow.A be .0k. Apo thria and IMT1 am to timid now Welfare rairmag at hor-eflejorp,plapplatif of Jb ja-and Ishemni.1hion.0 JAIN al"d and the suit$for andernamm(in"wel 1011 rticullsysnwa her catiosliallon),withAvI alladrV tAa)imHjjy of my isomm;Oar the pqtmfit 01 f ho Inctshimidnoaq.troortm me-so(-)owsm-A!I-the ViSkAd* any 0 0000 et Plot-0 she ARAP00OW 0)1.06 in de enter)mw ommerisho or woex-�- 40 11A jifor rajArjcjjAn jteme%-tej Wp An&om,culso-A-ROlon of alta,adr-.,no-t Aldo-04 Wit treed or$he Oka or eAeftlls fhansaig(d) fc=.Wld_1.�anty,An or■slir p.,f 4 she p-tweIr.The goiltifee iA*IW oeftad towporAe nfflr dowfibed as Mes"ParldirUP Pwwm NOW, fro 7 cralthid asisrato'-addItlit MWISIP 11WOM of any rostiffs at/arts Awl he caltdomire"row*I the owthial"O"ihervol.rMarroe'a live jor arm of she mfuloom Mentioned JA INS obairmlih awl A.net J."ph"at. 10.Upon 4t-y debulf br JaMV he- bw,b6moIJAPP 11-W-#-nP##Oft rodthc Of ftWft,either Iia jol'sach 4A,*&-I or fir-seowodc la he fiAteximled bit,At-of."wdihwt-d"d 1.the..6-w1mv.1."r 40cfA41y I-the 1.1d.16to4hlega tetby mostreet,oruvr up-And I-An, pasedulan of the olegry or any part thertVi,In Its own seem an W Othenoint consul file 1411fal]imilam Ardclolits,Inewhig 1how post 11 I'M pPPjy •AA� Jews o-J.NFJ"Poe-s of erdralflan end comoodons Ir4tweradd (,-.,o,he,upon any doI.-Ar-d mr-liza,or Oka prommilin of the (0a wrief ilm oralf"flon or rWgjma INVIGUI IFT let 1.AsjQA not" a" F 1"Allatme.1 over ardew-Oull,he r.tharm ft AU M-A nwnoy ImmeQfaCary duo Bird)retable.In tush®anon!!hs bOl'ldllolary limy afoC f0 proeead to ieraelose f1✓r trcaf dord in aphy mai a~gAilb or dholit the of j 1011MILIF pw-.-y other right or or Mgo " 'Wit t 1114 sale,do agna• a the to"fisly me ciatle. tis Wer.8aseppetl the arenlw ehdt fie the trine andel does of sofa,ghm to/leeI so Alan by Asew andprelxtd ffto 13,,alter el-#-has&has cen.mrrrserd loroda__b,,-d-malwaftnt 409 Aje..,W int_F them prior to I amn before 0.date JAG truA(ae ee.d.,d.rhe We,esu Artanie of Any eof.,P.-an Op on'r0frice?br OAVS W.M.nor sure trio awaun Or GraftumM it gas carmulf cwWAIA at a lalliuro to pitA when due,Blood micarod by flet bull duds Cho doisch MW bs curad by paying the entire 4WWRI due at flat fine*o4µ....re.fh-th..mei,p-11-e. -Jd not of..a.duo h.4 sin delault do;vrind.Any eiAst dndUAr that is copelito a?bofng ah .d troy be voted by ft_j.A* 0.p-lornmaa#,Q.&cor..dw the Wipylon or grumt deed,in moor Carat M switolon to"Hal The dr. ay imulf .rdel"Ift, the sx­�ell. the Get. often Pay m tMobinimiftilry all SOMIN and OXON" &CgiodilY Incurred In anlardrul she eadraerlers*I tho Omer deed Iqlathor-40 uu.r-'.­#-fidenoy's laws nor examoltim the airsoualis jArativair AV law. In e)AA000­;_,the*q,rJ.odt ae,Add on ob.Aso wit at lisp tinso Ans,plain CeAyrutocf tim slid r at wgl d 10 Arm& do A. old hkh 4A.-X.-r A.pmr,_ -jar.Wdd lb,"-rho fregano.nmy,0.6 M.fqnrfr offilor in am Pascal Or M SOP1101AHO Parents and*hall A&M the patto,?earit"e," a.-it-no 0.Atilk.0 bidder he-dd .h popblm of the elan W mk%f1ftated;fifluor dolillar to IM purrhosor Ifs domed �T In firoo am necuired by law torms Met at Implied.7h,=1A In the A.;LV(he .=rr am sell.but withilut any aprament at irarremoy,asp P­f Art Me trushhellnew rAereat.Any Person,excluding IM frumd",bw , ino the deed-f Otis,Arsofs.-at foot all Ad�f A;,-I- rr4 rNe-Varerx.oily avochwo,At the-A.. 33L W#..flan-"If,parwcuti,to 06. _"Pearided hdrciin�trumaw sting own,rho Avocneas of wit fly Pasant of(1)the as. Deemed of safe.incluallatl Mar toryumnsathin arthe trustee And a A40driable Charge,by trualao's affairmaj,.(2)is ficaU alien sec bit )1.0".0 de*A(ij ft wt Persons A-lot reerded s-_Neq.onr On the incelaM M too emstot In me IM$f dead Air interests may ol. I L -Pr­-;,,M-­a-91 deork Priority Well c4)the wrjahm,It-W,to the RtanrOf af 10 AV&K=Mf 00 lfiftmi*nfif'Whis SVIA MiltliAlL 14,8~11clorr any fiaes,its"to 0,oeo memeh3l a AmPmar or mcmwm No NW(mum amount Itemin of to any maccedws,trustee 1 appainOold hereunder.(loan much appointstaint,and wilhout conve"tust to the summmor truarm%gin jandf that be VqjM0 with all dela. '. 1L 7 -d d-tiew oAr,lft.,st ~w tivacro h.-In armed?or appollued Acrounater.Seen neon AMirdnient and jilibMi.11. shnif In 11 h-drears In&(-.c aslcwtef OV b­kWrrr,-00,Lr&n recorded in file MOFFIRSO MCOM3 at the 44unty or countran In WhOch the, proPerdY la alwated,emmil am eenef6celm P,mol or prayer appolarinalml,of the vjcucw rivers& L., 17. 7hishlo mozools ebb&us#fvhejl this Aided,duly created and mckfawOettitmi,is made a public MGM as iororlded by law.TrAuls, 111111 1..0 oblAtfafeel so millp any perry hereto 91 ppyvdhV sold under any orilof good of&Ulf or 01 any million or premoding In whith Arfintoo. or trerotm"t ba a portir wrihim;nub arrien Or=dIAN it Gravont lisp trustee, 7h.01- ne . -­ wit wnenro vArmat to orml wlrn jAs none lell0t Ong file Dcam"Vidirl nee"10f In IslustAll that the greater Ill I.Whillp i "load In IM filinala 01 are no)P14fterty and had a VOW,utericambersid title liustare and that the deasskw.10-Moin"s ame 9,08".44)sAd the Ad-.4.1-0 U 1"reeou.rinses-oo. This greAso,-P-wrets that the rmeawfa of til.I-&Apooenetof by t -be-el-lb-d not...d this t-,t virw ,*2 (gj*pnndiry fee gogntat's datmamal.masullp w hc­hold pupr%amits(A-law-Ma Noriot,&.hw). (b) hw so organixerian,at(@no it grantor Is a natural paean)are lot buslooms or carsinwriai polmoseL This ddq4,PAWh,a to,1-rm 0.Ifi.L-..J;k.1 sovil blods all parried twoeto,tWf heirs,lo&roat.*r1rov.,6 airrufnisfrarars,a to", oersted -c- .d A-Agne.The h.10-she -of v­rnyr,hcuniing samarg",or am xwmnvlmcf Amood Aarehsr.-AQh,,or.wBed a.a 6-molki-r"Ie. In coopeotolm Ah,1..j dood,it is­4­1­4 the#4A.Itta.r."r..9- to;orr-r emb be nwry than one parson;Ira? It theContext"toqyitos.0- ;.A.1-shell be,"Amrs P.e~and inch the at, shot=fty,all grarrumaricill Wangri own he li mads, do, rpeed od no 1-huffo. IN W17NA4S WHEREOF,the grantor has axecutair askistrLy fit the day and year first above written. 4 LMMIRTANT NO"Cgi thka,by linjol;M,whishavia wavantit 1.1 otil)l ft ag'.Raiio:W .I Mlh*bbt if_=nr 1.)1.mptkaid.-.1 he�..-41dftrr 1..-,dil- ..-6-04 1.J.11 l.As,lovw"-6.A�eo AW end li.WW.11.e 2.1h. it lAo-11400y PAUJI--ply Ask Ake An-A M.GWotle.by_.bl.2'.901.4 ......... ........ VDAstsuarm F for this plu"Go use SINV664-his1s form so.12 19.of 19111441.51. If 000film--100 11-.Ad R.A.1 osrn-4-d,dist-1111rd IN.loefl--. STATE42FOREGON, am. rhim butrurrieni Won acknowledgad before me cn_._!tqY....,..42.�....... 19_9 5 ................. Vd....a e....rv;(rusnant ws;3 nckmwtedgld befire me on by ......... .. ... . ...... . .. .. . .............. .. .... ............... ............. AMN IL ALA21CH ...... COMMISMpa Ito 018SAr, Pub&for oradaft Kr CRA RMAMN&MMS Zia 4.1496 My IM115f Pat ML kxGNvFrAmt�4iT.6--0 v-h­ b...p.1d.1 .......... 77ho undaemlaori Is the legal ainsw And ladder cl sit Itnichted'hon secured by the torogiabid I(Uvt dead,M Burn wcurw ill,the frull hay -4 env suit"-T-4nd so ros,coder the nuffu of CAO 1149d have heart Adir mid andmathikil.You AUBby arodins.Lief.am odrryss.t 0.yoo, tiUAI~Of P111,11411111t to MtBM(&to 011000)Oil"IdOMAg Ad;ndqbfe4MfAA"coold by Alm AmAP ol..si(+•AI'j,Oft 4,01_1 to you Anniston J09001or 11,111 MS kuml dad)mad to to4offroffl.without wan,00P.40 she Poru.A do.0doesma by Ph.#..4 91 the t-.t d I- A Aoki by you anter the munc.Matt fecon"Fame and"Menfir N ........... B.D0 tol--A""this Ttea*..a CM THI"Mil r.hkh It-tv"r molb bw dolloemll N Oft hears lot o­vei".,losoo,* ...................... -do be ted.. Bol;;; fry ._--••-.�y.� ;rrc.:t4nt�3^"•^.?.�;: ...•c�:ti: �.:r'sw�'�� Taaeri...x.�.e�r���'ID—a: �.r....� ' .— - •:Y—..I�� moo.,---'-- —w�• _. , FBI MME OF OREGON County of washinglon - !,Jarry Hones, 'lot, Aaaeea- - m eft4, q 0 CCU 'r l�hv®nit�Nle►lAd `�1etwad is and r000nsed.n,CoaoM�;aR uadd LIM offim 800 yk Doc 95034246 t —' ---- Recti 143770 18.00 1,X? i f?� f.h . ::'Sty r'•1. '• �.`•^• t. q. •a. - _ -�' .ilk:'. •�IS���.�fi'"moi'::�:��1•'JrJ'f� _'• '.1 r:. '7: -'r-, _ •, •'Y:'� 'r^s'.�1.r;•� . . . . ,r_..+ew.7•nca'...,=K+^-a'^'rrr"�^'.�.s','F!far^.�--';t:�F`c°SCrT:*LT;-,�i-.'*^'.—.e`2s 'rr�kx�rt�t�11"w.fi^'. .r.. :•:T..^^^.y-••N.a..awrn_ ra.4�1��,��.R�frs9.. - ___ r,+_,�nl _ ,f••'L�: 1- •••+T.• r .Xr�s+.S�r:r�.t_ �/� err,orwerAn atNaBrllwrrArawraaaroatreeastir __ P/�b w4 re.P•.cre.,,.s.r e.e srreiauar see H.0w..r..g. _, l.q.� _ �p —�._-. -• NO Tam Oslo -� THIS TRUST DEED made this 2bi.,......-day of w.��Y. ,..• • •-•-••................•• a .. Q ►s.. ��i� i.._...,___�.. _.. ._....__............__._.,..,_..............._._..,,,,,_____.. w... •�::. as Truatae,and40 =� St5lnee aE,r...ldGrr,Q.W.fiat�A. ............ ...._...,,..,.... W17NESSEM: � Grantor irrovoeab/y Aronet,,harP}tirLa,salla and,ePrnVaya to trusloe in trust,Wifh power of sale,Phe ptoptlrlY 111 Qhila on..........County,Oregon,described&$I ;•I bot 31, 149Rt0030 PARK, in tho Counter of Washington and State Of OrcgOnd t Cottttuonly known as: 12545 S.W. 72nd AVOntle, Tigard. Oregon) �: t'-pit T01t ACcount NO. 25101AE 02707tMa 1. together with esti and aladuldr The lemments,handlunmb,lnd apAurtananeaa tuaf a!1 aper ddhen rhrarounro belonglM a in eW edea mw _i) or Alf"har appotta►ntnl.And IM feet#,larval and prel,tt lhrtd +lid alt IIA—nor of heron/ter■trashed to or used In dalMetton with the orotawty. FOR ME Pt/RpObE OF SI:CVAliVO PBAd RFDR .11fCE of sad)sdnamrnt ed pnmotvr hereon canrolrwd end ptyoaen(of the rum ' at and-and-DO/.100 `�tt: ..-�----r-_-r^--^tJonrra,outwit fnm,oar etmre.n.aaerdhq/la rho fares a[e p.emtaaary "=�.!!%�.. ..'�l. nolo of Bran taro hofewl►h,payableroN to bntdary,or order and Made by grantor,the final payment of prfndv■/and InformaloreaL IF ,:,..r'•`.• not sooner paid,to be due and payable......play_9• --_.� .... ._.,)9...,9 6 .�..`i!r. ....y The dare at,nape►)),at it..Jobe mvu•vd by INA t.pouln"A,to the told,mow At--,on whlah rh.tins)Lf walf.,.a,d rhe r.nrr bemraas due and sayable,Should the granter either arra#Po,Attempt to,or eeloa"ty Ball,"a"Y,at all all far any pal)d the prop- be rop i wly all Ka any earl).I Ar4nmr•a].tear[in It•.)r r 11.af#beaming ff"a dH.a I—'s sopso••Ai of lV be++e/el.g1 r- Henei aty'd patens,all ab"/palfan7 OeeYlod by This►mtnlmani.Irraspetttoe of the l aturhy dalss esprowd Iflovin,or herein,shall be- come h iff"o)"okv doe NW popwo.Th..ar dei—by#reser at an eerrnost nma.r aarnraarnlde J...nae aafaPhtM o eJa eaaveyo„cs yr � s.:.•'1 earl/nnranG i t•,' 9'o prolang the warily of this lru.7t dead,gronlar agreaa 1.To peetoet,preserve and wineWn the proporly In goad condition and fesah;not 10 Marra or dant►Pth any auadtng or tet, j�rWanr.N tb.reeef nett t.ma,rnls or penalo a,y rw/o ad rho property i arsreleaP whit[may be ceneftualyd, :. 9,To complain or rortaro promptly and/n good And habitable caadllion any building + 'i. d.oug.d a Asolfrored Maroon.tied pay Who.don an cogs Incurred Chortler. i. a.To comply with all tow,ordinnnca■.rodrdarlons,eovennnts,coadirlow and rptttitttatn alfeating the prrtporlyt It the benslklerY ..•' re s••awra,to/d^M oaowePr.r veep t or.reaawrrs puruuant m Ilia un storm carrle4+re1ffi Gage et Ina PandtratarY+nay rcquha earl '- go pay lar KIM a■m in Phe proper public lea tw oMka,an well at the part at 411 lite 80AMIM nude by filing oflhmo der###taping .gnnrtee w sa.y bo desaasf.Isslrabh6 by oho balwtMde•y. - 4.To provide and wnrtnrously sasdnlein Insurance on the baNdldAt aaW w beradror o/eclat an the prrrpeMy yatnaf fo�a or darrnare by dro end rah that heaerdr or the aaserhPYrT may ream Ilene to Wells require,to an amount net Jess Iran i�1>r'J LLr e written in aaa¢ranlor 4araptable,to the bonoticider.with/sae payablo to Pita latter;df trdlalee o/Insurance,shall be delivered 18r1i1d• 11 i f ehuy ea 000 a as Aour,*X rho grana#•when ina tar any/afire#to Procure any aura Maumee And to dallver Ilia policies to PM 0"Alidory of/test trod 11110411 days polar to the eaprraffon of any Poih7 of)nertance now at hetasher placer]on the buildings,Phe bdaffidArr n1ar pia- ; oary up" eny t J ledrealr sseecured herthr anand�tuch corder as benel�amount Gollesf ad tv mmAY dstermfne,UP fire of aw a erpilaa t henetmay ry the be on i aied moount ro mlket or any pwt tmmwl.may be roledsad to alfentor,Such appHeuhon or osteoma shall net euro of wain any dales"f or nstke at telae))hon- r under er lnvolhta)e any to done pursuant to such notice, a,Tw M.p Het pmwty Iran hen eaMeurrlten dem am In Pay en Inpt,0iMlnnM c and Otho!rer-awl opal aaY be uant d anmsed upon or agalna fit prePvrfy).alae MAY pare o)tach/arse,am"mm"A"aro"other ehw/r baron#�aet due a deliaouent and pro..dtY J.tirer roaalvn Ih•nfor ra RneaoParyf should Its grantor Inn to mead peynvnt o1 eny Lases,4)oa=menfe,tmur■nm praMumt. !lane or ether#[vermin payable by r4/nior,either by dispel paymdat or br providing isonofidarY with kinds with which to mate much a0y mane,mnafFYerr••�T,at kis AM ani�``""mono yymaer rld"Of,aM me dismount as geld, wiM inrornf at the me ser'lath In fM note aacrrad hereby,Intel at with the ob4flgknt datarlhed in p4rogtapd,s g and t of thla trust decd.shall be added to mai btNme a psrl a/ the debt eacarred by We Poorer stand,wtlhard wata'ar al any tights ah! tram broach d any of the coronenh boreal erd for ado paynlanty r with Inhnat dr adoroMid,the prepetry hwairbalas dowribed,et wait as she liretder,shell be bxgo to the some asfent Ilial tray are lao,.n4 f.r rhe parr,wne d erre oWtgffdo m twne/n doestibe4,and ah aura pmpmvnen&Wit be inlaiddi tefy dud and pay■bte wffbauf oroflca, and file nonpapowt thereof shall,at the option W the benetidary,rondo all wet Anoured bt•this)rue deed larewdMfoly dus end asy- l obta and c-carhvto a 6raemn of then roue 1400. S.To pay 40 eoele,loos and a■penm of Ib/►trust inohrd/ng the est at title seeroh N•d'nrl at lite other Bas/71nd oROtMdr oI the rmAtw I—ntd rpt conrwmion wire at in 40onatng tris aWfpeffafl and tfutNe�f and wlarmya k04 16ludly/a'"""d, r 7.To Appear in and Deland any Belton or onmeadirg purporting In M!aat The Becurtry fightm or pavers a/btnsticlary,of Ifusleat and in any cud,eetlen of pomading 111 wit/di ohs benaltdwy of INetce nnaY 4pperv.Inetudlrtg any suit lot fha loteclasae at this dead, to pay all comb end eapenrat,indudfng evidence at t/Ple deal the bMaH4/wy'a or 1141016#'9 oU eY'i tads:rhe a11+0Ynt o1■rlorney'a lent e,ondonoof In MIX Paragraph y M all rased Alan be eldest by the trial court and In file ovtM tri an awal boat any Judgment at deem at the trial court,grantor further agrees to pay noon rutin as the sapallale eoarl shell adA dao toosonobla as the bendflolary's ar r.usted'r dee_ _ dwrle r kis■an augh Appeal. tt en mofvalty earned that: a.fn one event that any patten or aft of ono pMat All slid►be takenorfla under ens right at yable t deem[#or coodca such sono. i "My ahe/i have the AIM It It m owes.in"Quin[not all or any pnrtlen at the fneNeO payable on ewnoeadetfon lar such enh na. NOTE:The VW oantl Ari yap 140 all[me buttes halegedar neat be elmm to a Mma Who Is to edlme member t 1 Ibe OrNI&D 171112 Bae a haat.veal catnasay At atltmga ata tow wa A aa0 Wad a do etdnen under Ibe Dale a Own v Um!lobed$4�1 Duo Instnaare caMeBil w1hortnd to Mitts 61 to veal n 9PapaSt 11(lift t121t.Its lithw akt.a mamma.agents or arenehep.the U01he Shoe■of may agony[hone.at"am at Ilam Ileeetod under oR8 896M to 64g6e6 'WARNiNClu 11119C 17011-3 latloiM ad MAY)rtnlbp MIC919a 011012 COMB• ••Tile prlltsMs engpetb tnel rasa sn egraemant asetaq tat loop d shtelnleR brw11clagti cone_al In oomplela de411, I - STA rZ OF OREGOcouncy of N, ��-� �AMSS d 6 MORRLIWi aeftify ehnt tits within inatru. Ip.,...._..._.._.T, ?!__,..-.__....... ....... want anent woo rocnived far record,on the ........... ..__....,.....__ ..... ...._.._.... .,....,............. I !t - _._._._......... .___....................................__....� Of j e..eeuarveo o'doek. .h9_andrceerded .: autAn r•.:• an book/sof/vnlame No...—.___........,cn ' ............_........r.._.._......., #ten.aea•.ape ' pegs....._....... --.erne feo/fllrjit121rf1- I ..........,_. .... .. ...... _�.............................. ......... nr�rnPllmioroliim,/reecption JVo,,,..-......., . anuaa Record Ot...._...................of said Ctxlnfy. , Witness my hand and zeal of l Ahw s.r+diq Bowe N Moen.#Chan.tont county affixCa. �+ <: . .'RGA,I �..R9f�fx....�.7. 79....... ....... . BY.,._ .,.._.—_ _.,._...._._.�.. Deputy , �, _— —t =s, oNll eh ur In aseeu al the amount requtnd to tray All masmoble cuter,yaporn w and al/an a loom MeAp Add at kusc+od hoo arantar fn morA Ammemorla/t,man ft pmld fn bandidery Seel eppilsd Ly a Nra1 urn any rsa cotta and xpsnaa alit AltaNleyt beth fir, In OA*fetal ad appeffale eourfe,eresesatitir paid er Mon ad byhotedhiary fn such tafflow•dlydr,and the Meana+appr.'ed upon its Indebted- small aehsned hanky;and tremor agraew,of ftp own eaperua,to take well actions and asande Such ltatnfrlanala am slide be necessary ---" In obtaining weft as■u,snwdton,isterneNy upon beeslleteps,4 WwrAxf. -. 9.At Any Nast and from time to Nam upon wrifhn towest d 6saslitiom payment of IM lees and presentation of Ohio dead and the norm tar.mrlw.ed■mp()n now,of Iall eaeem,.r'anter.tom M—AI rl.nj,wllheut•Ire%tdrw/h•1bbArfy at ear v.rr.•r tar the P•r.aant of the hsdebledooss,trustee nay(a)mnsard to flas amMeg at any map at,plat of the prapsriy{b))cin In dra ttind arty oannsnt or"amt- rye , One• reaefled.A A1--j(.)14R In efa•aubmJhutran er oehet agrawrmnf albetfng th}■dud or IM Nen.e W-,I r thvndi(d) femmsy,Without warranty,ail or any Mart at Less properly,The tanto,M any rotwrooyanet naw be described me the apertont or Perwnr fettle,entitled resents"ofd ohs relook tlonsho of Sty enaftert et,feet,"I ho aondudw proal at rhe fruthlulroa thwed,Tmataa's �!I Hoa iaw•+y at Ohs sanhaa anmlood In Wit paragraph dull be not ba than U. li. Upas A-r d■dea/r by grsafar/ ■taunder,aerwts/arr nay SI.,q ftae+Ithwt Portia,ddwr in wm,DM 4 rry agenr by receiver l0 be ppolniad by A eautf,and et,ithauf regard to the•doguser of any seatriep tar Lha Indobtedfen hereby Scarred,enter upon and We perwveian at obe p,apvrer.r.mer parr thmvat,In he own name nm at,Otherwise earlleet MO man,/was mrd profits,hrmading Utofo past due and unpaid,wad appsy rho a mas,lora MIA find aspensas at ooxnailan and c lkaNarn,/,dadln,'reasonable allarrwy's has upon any �I '—� f,+debledness.eouned fes%,cord to room order me banadtahry Closer tsm enaw, r, • T1.The anterlAd sip"and fNdiv Itosao,alwt of the property,the cabdlon At such netts,hwa and pronto,or the,suede at fila a w d arfmr inwrranoe PoYetae at,eoatf}enlAft"ST fiWara,tot ares ndfnd or mtna4e at IM pmparry,Surf rM applkatloo or release dAerooi at, r. —_ literate Id.Ahalt'not crow or wr(ve any delad'l or NOW of default imfatrnter at Invalidate any ate dbge pursuant to such miles, ' ta.open default Or granter res payrAnmar any M6ebWmo secured hooky amen gr&AWI pertatrtanea of env aflteemont Aetaurdef toms aY bolowof the sooner with respect in such"Insert and/or owk►anow.the bareffidwr mast,dealers all ares secured hershy ironed)•rail —FITAewM- ',fro end t,•r■bh,in mean sun erten rete ameekdary May aver to"ami to tsretdatte this truer dad In aqutry ae a ltlartdage at dlfear fila on"k.to fotoeimte this treuo dead by bdverefeerytanf and asps,at,mmy direst the truates in puraes arty other rlghf or mutedy,either at ..Neo rm bre at,hr DWAI`r,w,1ieA IAP OaMfrpary may Saw,to Of ducat file OfawlR9ary 610010 to A+vstyW I4 E$SWiiesmenf And sir.the Unna" r licisty or the trustee Made easool■•at Stater to be recorded a wriman notice of default mrd skidim to wall the properly to father MO abligil- Nen eared halabr erhoreupon the wdw that!its rho flare and plea at ask,glvs noties tfhelsof fie then repaired by low mei pracrod ' M loredow this trust deed ki the mender provided to ORS OUN to IMM. la. After ore crusta.Ana semmeseene iwaekmure by advorejoe twvf and rah And me any Item prior to g dare before the date the .:.` Irustao Canduc,p Ike ado,the dianter at,arty other befall,o privUefed by ORS 70A),snap aro the default or dalouih.if 1 default }- oorwlme or a fallout to pry,WA@a Sun.sums manned by the imig sed,tee default moo'be effort by Paying the entre amount due at fns �... • 'i�.; tom of the aero orimr then such portion as 0muld net then be duo had no delatit compred,Any olhsr dolouft that is eapabb ae!ming '� fY cured many be et/red by Censoring she pw wam•sa (rolt unser floe se/lfatkn m'et,trust dead,In aau,M addtrran to curing the da- ` 1401!or defaults,the pereha elloding FAM eves.hal p4Y to the bonolklary all e0+I1 and Slovenes atwolly frrtatrad 1n anhrrcing the ohlI!Gft n ra!iba wt!dead together with rcmrop'i and areornoy't fe9rt not#aeoadMg the a matte provided by law. 7a,Qfherw)m,the We sAdl be held an the data sad of the time and place dsddnated In the twice ed Azle or fess Ila*to which 5t �y,rirI atna Arty be p+o,tpomd or frror/ded by law.The trustee may salt the propetry ollhar In am sweet or In separoN percale and shall Ade the Dealt owareels a/Auction to IM highest bidder ler ash,treymtim bla at the e of sate,Trustee Shen damps to The aurnhawr its dead }�• In farm a reaetited by law eansylng the avooerfr so avid,but wllhaft any sorsrwnt or warrantr,"Pro"of Imatiod.The medials M the •�,`S"m+- •' l!. ` deed of Stay atatrors of faae shall be aumakfive,proof of glia faithfulness thereof.Any parmn,eaekdirtd the truster.but Wivitng the �:•e 1 !hoover an"eorwiddry,rnry'purchano at the mfe, t �%t;� "• t'l IS. When truedne adds puriumee to the peewees provided herdn,truth@ shah apply thea of sale to payrzonf of(I)the os- ��•�, I pence,e!sea.including the eanapenaglfat at the INafes And a raamnelmlo charge by trustee a alrorney,(?)to she eb/rgathat secured by i the trust deed,C9 to dl wes havtnl wadded Noor whoscstent to Me interest of Me trustee in tem trust deed as at#IneeraAn rmy I ` apU pear In ro order at lh■'r to toy and(a))As surplus, r it any,to Ike&out of lm any successor In ith nland anftNad to such surmfas t �•.' aafafiniod�tmr�avandeerr.U�t muchIMM Plc alnhtes 14 �eat,and wi�hout�mnseyaaaW Or a to rite wwwouusir0 ALAY rrmtHee,elm lattnamed er aMatt J&a" rale wjeh an ref ide i ••�'�'• �'..I pawers and duties emrerrod open on hyetas Aafain nand or eppalnted hsrewee�t.rash,malt attkvh0fmmne and w,b•Warrlea deed be made by reeiresn/eslnrasatm aTw•rffa�by Lrneh sty.whkh,when raaarded in tfw mortQape records at the county or cwntias in which the preparry is eifuated.shelf benel e easira proof of Deaver aaacbtamnl of the surpewar trustaw k` •�'•�..•- y'•Y:, li.Ttu lore aeeeptt 4hip trust who kd this deed,duly eaawStd aelamnotedded.to arida a publk nerd fir prsvidod by law,Truster Is nal abligand to flOV&any party Avesta of oend4 Asia under net other decd uI heal fir d dray 4dlm fir Prn xcdlnq en w.hleb gr+entar, ,.•�_:'-,.. It,vmlkheey or fruAtee shall be a early u4sts Am Mellon or pree"Clifig!a braughf by rwahw. 'y?? Ste.lren/rw evoanmms and agrees to and with oho 6anolldary sed MO Mndide 's successor in Intonate Met Pbo deans.•Z.Iao,hs.%, •," (end in tea simiple at the teat propevfym est Ami A valid.uwanmbsrad ffih rharam '•;r . and that the drNNvr mill warrent and lorever dden9 the sarin again/611 petoom rhanwaever. Tho grvnfor,..rr.raa that rho proveras of the loan represented by etre above described note and th&trust dead are. i (a)•DrlasarUY far grarJw'i eatuwI,iem-I et,household purposes rase Impwlant Notice bele+-J, (4) /..oma r9y•.olmsten.or given/f aronrar,h e manes Imrsea)aro tar bae/elass w rvausralal Purl ctism. '•;•; This dead appNia fe.Inures ro eho been/lf d and bleeds all fsarlioa Aoretam,fbeb Mira,isgaleas,dsvfawt.adninfo fort.esam to ' " e.+ ,W MO—MfirW,waceseors onV oulpPas.rile term beneficiary#nett A1ean Me of aro awnev,Including pledgee,of ilm raadrYer Awcovad hereby.whether a rhe Courted a beriatidery harafn, as, In cmtffV/fig rhie nuee dnd,lr N undasttasd IMf the dronfot.Iruetee a of Wary Amp each be sera than one pert+ont that +� it the cordes!W rwulhw.the singular shell be token to mann and include 1 sal and that ilenstdly all g►ammeliaal chmndn that ha ..ria.wI—sw and tmpAM in ffeete the Proyfahva nereof apply epumny r rparol and m inatrlhrad6 i 1(<WITNESS WFI6REOF,flea yiranlaf has executed t 1a Lues at/he toy Seal leer firms abevp wei!lon. 11 , jai efMFca,/wr N �' OT/CIr Deltic,by tbinw wl,■hkee•r eemastr is)sr lbi 6 amen Thomas Morrow, ::•r " •'•:� sial a alitablb it warranar b aseluehis and Ike bornane 811 h a creditor -• w a.00 worn la da seed In mm trot ,daermg Act and Imi ulellon i ms .—....«.........._...._.--........._...«...«...•....................................._._.... L . b■alldury MUST aawpir with the Ad and bpslailen br oohing esga6ed it dm.damrey me rete eseaew lila mswnsavon Nam les 1779 or aquwe►ni. 1� _ asaPli-rnAe w1Ph eM Act IP rad fKutrsd,dbnaed mai.—rlev, ._......,.,,......_......................................�—_......,.,.,�...,,-.,..-•__^_ I STATE QF OREGON,County ol...,Ush,j.IiVtr,Ct.........._......._)se. � -I N TAivinstrument was acknowledged Ware me on­­..­nay­­ _..._....,... nay f�.........19.,..PP (I ' err Thialnafnsaaont was exknnwladked bolero tae or+.,.,—, .. ... ...._....... _ .......�.,.....w _,- Ll MA ItU�EEG6N w......._....... ........ YcfJter OtogonL CUS1'.Y5510friV +7�12sg Mreare0mi nespira�..IG __ _. w �' tituKA EUPIRRFFSS L'IL 1 n170 .. •_._.... i j — ;A. ,� aECUEfr FOR lIIL7 aKQNYgt'ANCE its la a tett•+AM ell8petlms h-.bo�t,.tali I„ rot,_._......,............—__._._ ...., ,,..,.,_.—...._.r.._..._.,7rusrm 7*0 wdsrMda.d h rM 1.10.1 arra sad hobhe of.11 IndbGrodm..­d hr r/e largptng In,r dead.AN woe AaeuNa by the trent ' r I dead Amro been fully paid afar satreread,Vat horsily ata dlmaled,an paynotif to ym+of ars-oma oilenr/g M you wadse M.terata u1 the trwa d al sur Pursuant 6­0.0.k,m—roe/am urdsa,ac,or h,do6tadtr■:_,ad fir d.fres dame(whfeb era deers send to put,Aenawlth _ lr I /egote ar with the liver dod)mud to reestway,wfehaui warranty,to the pareka designated by the term■l rho trust deed the etraM now rt: hard by YOU under the asow,MAN reamvatranas and dawrom"rm to'.. X'T I DAT1 Ar............... _ ., S Ge and Mea of dwtrer No Trent Deed rM TNg N*Tt which U ratans. \..•• sofa wen be eelt•eree Is me AM""for wnedhusa hotel% a een•eyams win be geode. I .. ,••,"•,•UsrrfkiSrY—» •••...,.._ ,,,,,,M ._..._.... 3 'Y C „1}f9ri6iC�lGiffr:^Cts,,. .�._..•� ..__�_ .. _ .,. •_. ., .. . ..�_ ..�: �i;L•-�a r r'• . NW 1A NE IA SECTION I TiS R I W VCM. 2S I IAB Wd7N1112TOtr COUNTY OREGON • �w>r..l a.rsLLu iso SOLE' PrXld rae IMS !R 1 21faC S.W. DARTMOUTH STREET ' r 101 r s+. cF is at, IMR aee wr1 SL Q!1 N64ELo1LM` 1 � � 1NAST L r s I 7 ' + 42ft 71!10 �/ 1,61d 101 JWAA j , k • LMAt 1� H ' Ift WAY n.n.b.rr, fact v uo$ x, ' R ro if �,4 a Q -.Iwo lA 73 y � lay I j y« It „ Mrt riw•o low-«- 4W Ir l..• a.. r.n,a , „fANK1.IN tpom sr. " I flow" sr. s ..:. J •' dj � er Ir � � $S M � � _' tEOI Ww 700 ' S. VA Ile a �ll a>� rm tea. B E VEL A N p 1 4 �i l 3 +! t , r e ROAD } t10R .' IM' 11 rfur Y 27 AK 2.F� K b l7O�• VN, BEYELANDAXIS aT: 1 Rwe noo 4...,,•,. .aur .' rr.S 11.! FOR USE60YINT PURP01911 OINL71 �. t • 16A�b DO not Arso 0M POA 44Y OTM&A utas , 1SA '.1fl�p • 4000 it 446 ,14 �® a 1606 togiii 1 604 1900 17 r 2000 13 IWO i®10 flair Rem' 4 WAD Ito 270 29 30m so i s MAP S 2s i A 1 a METROS CAN PROPERTY REPORT = WashIngiton (OR) xtFFaFafi kfifi7K 7C R7tfi'k R'kfiskkkltkkk7kkw*x 5k 14 W*w**watas* trxrrssraraxsraxrTrrrrrTT'�T'FF'IP a'fi'fi x?'R x'lrxNxltxll'xxxxT * Date :03/02/x001 Prepared By * Time :00:00:00 Prepared For: f ��� a Report Type :I+ASUBRPT.TCF Company a * Sort Type :PARCEL .Address w parcels Printed :30 City/ST/Zip E,t#k#,t#*txx,rxx,r*x*»*w+t+ex*ww* k�c*�e##*#**#**t###**#*ir#*#ir,r,tir,r*arfiar:wixxxt+ctxxrxwwx�e�ek#*w#***#wr*## ' aYi�r a.�..Ai4.t*-Ad+*#*#+� k k#trwwsewtrxrxx Search Parameters #+tt#dr*�.tx#�*n�+eetxx* e+exaex+ewxe*w*w . Reference Parcel Numher. . .30 2$101AB 02702 thru 2$103—kE 02705 2S101AH 02000 =ru 2S102AB 02201 2SIOIAB 02500 2S101A,a o1600 thru 29101.AB 01900 2S101AB 00801 2S101AB 01000 2S102AC 00400 thru 2S101AC 00800 2S101AC 01900 FIRST AMERICAN TXTLE # 1 ---------------------user Format ----------------------* Parcel :R0457071 RefPar# :2S101AB 00801 Owner :Hampton Park Llc Xfered :06/03/1994 Site :12360 SW 72Nd Ave Tigard 97223 Price :$282,000 Mail :5837 Jean Rd Lake Oswego Or 97035 Land :5192,000 Use :7012 Res,Multiple Housing, Improvements Imp :$1,23B,2U0 Census . :Tract:307.00 Block:l 00-01 Taxes :$16,401.21 Telephone: Thomas Bros:655 G4 Doc # :54134 Multi-Parcel subdiv Legal !ACRES 1.99 Bedrm: Rth: YR- Lot Sgft:86,68.4 B1dg3F: Ac:1.99 # 2 *---------------------Uaer Pormat / iVa,3hragto,u-¢19$0-------------------------* Parcel :R0457099 RefPar# :25101AB 01000 owner :Hampton Park L1c Xfered :06/30/1994 sitc :12410 SW 72Nd Ave Tigard 97223 Price :$200,000 Mail :5837 Jean Rd Lake Oswego Or 97035 Land :$472,000 Use :7012 ReS,Multiple Housing,improvements Imp :$3, 146,160 CensuS :Tract:307.00 BloCk:l 00-01 Taxes :$41,554.76 Telephone: Thomas Bros:655 G4 Doc # :63370 Multi-Parcel Subdiv Legal :ACRES 1.72 Bedrm: Bth: YB: Lot Sgft:74,923 B1dgSF: Ac:1.72 ## 3 *---------------------User Format ------------------------- Parcel ------------------ -----Parcel :R0457213 RefPar# :2S101AB 01600 Owner :Erdle William J Xfered :03108/1990 Site :7405 SW Beveland Rd Tigard 97223 Price :$100,000 Mail :7405 SW Beveland Rd Tigard Or 97223 Land :$83,710 Use :1012 Res,Improved Imp :$9A,400 Census :Tract:307.00 .Block:l 00-01 Taxes :$2, 105.94 Telephone:503-620-8728 Thomas 19zos:655 04 Doc # :11480 Subdiv :Hermosa Park Legal :RERMOSO PARK, LOT 18 Hedrm:4 Beh:2.00 YB:1962 Lot Sqft: B1dgSF:2,001 Ac: # 4 +----------------------uaor Format / Washington-fsit)-------------------------' Parcel :R0457222 RefPar# :2S101AB 01601 Owner :Whitncy Eugene P Xfered site :7340 SW Hermoso Way Tigard 97223 Price Mail :7340 Sw Hermoso Way Tigard or 97223 Land :$83,710 Use :1012 Res,Improved Imp :$66,440 census :Tract:307.00 Block:l 00-01 Taxes :$1,678.41 Telephone: Thomas Bros:655 G4 Doc # :10710561 subdiv :Hermosa Park Legal :HERMOSO PARK, TOOT 13 Bedrm:4 BLh:2 .00 YB:1957 Lot Sqft: B1dgSF:1,896 Ac: ## 5 *---------------------User Format / Washingtes-fGR4-------------------------* Parcel :R0457231 RefPar# :2S101AB 01602 owner :Gibson Klaus P & Cornelia Xfered :03/18/1997 Site :7310 SW Hermoso Way Tigard 97223 Price :$174, 900 Mail :10904 SW Parkwood Ct Wilsonville or 97070 .Land :$83,710 Use :1012 Res,Improved. Imp :$83,420 Census :Tract:307.00 Slock:l 00-01 Taxes :$1,842.93 Telephone: Thomas Broa:555 G4 Doc # :23730 Subdiv :Hermosa Park Legal :HERMOSO PARK, LOT PT 14 Bedrm:4 Bth:2.00 Y13:1958 Lot Sqft: B1dgSF:1,S36 Ac: The Information Provided Ia Deemed !tellable, But Is VoC Guaranteed_ F I R $ T A ME R I CAN T IT L E # 6 +---------------------[Jeer Format / WasbAagten-E9R;-------------------------* Parcel ,80457240 RefPar## :2S101AB 01603 owner :Harlan Brian & Mai Xfered :05/31/1996 site :7270 sw Hermoso Way Tigard 97223 Price :$160,000 Mail :7270 SW Hermoso Way Tigard Or 97223 Land :$75,340 Use :1012 Res,Improved Imp :$74,730 Census :Tract:307.00 Block:l 00-01 Taxes :$1,705.74 Telephone: Thomas Bros:655 04 Doc # :49146 Subdiv :Hermosa Park Legal :HERMOSO PARK, LOT PT 14 PLUS .03AC Bedrm:3 Bth:2.00 YB:1958 Lot Soft: B1dgSF:1,804 Ac: # 7 *---------------------Uzer Format -------_-----------------'� Parcel :R0457259 RefPar# :2S10IAB 01.604 Owner :Stober Louie A & Jessie L Xfered :12/30/1991 Site :7305 SW Beveland Rd Tigard 97223 Price :$10 Mail :7305 SW Beveland Rd Tigard Or 97223 Land :$83,710 Use ;1012 Res,Improved Imp :$87,360 Census :Tract:307.00 Slocksl 00-01 Taxes :$1, 99$.27 Telephone: Thomas Broa:655 G4 Doc # :72185 Subdiv :Hermosa Park Legal :14ERMOSO PARK, LOT 16 8ccIrm:4 Bth:2.00 YB:1960 Lot Sqft: B1dgSF:1,976 Ac: # a *----------------------user Format / wazlli gmsa-¢eR}-------------------------* Parcel :R0457268 RefPar# :2S101AB 01605 owner :Rovig Carole A Xfered :04/17/1997 Size :74Sp SW Herm080 Way Tigard 97223 Price Mail :7460 SW Hermoso Way Tigard Or 97223 Land :$90,410 Use :1012 Res,Improved Imp :$79,370 Census :Tract:307.00 Block:l 00-01 Taxes :$1, 930.76 Telephone:503-620-5746 Thomas Bros:655 G4 Doc # :35207 Subdiv :Hermosa Park Legal :HERMOSO PARK, LOT 10 Bedrm:4 Bth:2.00 YB:1961 Lot. Sqft: B1dgSF:1,968 Ac: # 9 *---------------------user Format / Wasbingtea-F024-------------------------* Parcel :80457277 RefPar# :2S101AB 01606 Owner :Sloan David Martin Xfered :01/11/1993 Site :7355 SW Beveland Rd Tigard 97223 Price a Mail :7355 SW Beveland Rd Tigard or 97223 Land 4*93,710 Use :1012 Res,Improved Imp :$79, 850 Census :Tract:307.00 Block:l 00-01 Taxes :$1,630.69 Telephone:S03-639-3830 Thomas BrOs:655 G4 Dvc # .1981 Subdiv :Hermosa Para: Legal :HERMOSO PARK, LOT 17 Eedrm.3 Bth:2.00 YB:1961 Lot Sqft: B1dgSF:1, 620 AC: # 10 ""---------------------User Format / Wa9h1zgV*z-(QA}-------------------------* Parcel :R0457206 RefPar# :2S101AB 01607 Owner :Rand Stephen C Xfered :05/07/1993 site :7450 SW Hermoso Way Tigard 97223 Price :$106, 000 Mail :7540 SW Hermoso Way Tigard Or 97223 Land :$90,410 Use :1012 Res,Improved Imp :$75,290 Census :Tract:307.00 Block:l 00-01 Taxes :$1,894.70 Teleph.one:503-639-7426 Thomas Bros:655 G4 Doc # :36018 Subdiv :Hermosa Park Legal :HERMOSO PARK, LOT 9 Bedrm:4 Bth:2.00 YB:1961 Lot Sqft: B1dgSF:2,016 Ac: The Information Provided Ie Deemed Reliable, Bur I® Not Guaranteed. F I R S T A K Pti R X C A N T I T L E # 11 *---------------------User Format / Waohington-fOR)------------________-----* Parcel :R0457295 Ref Par# :2S101AB 01608 Owner :Koberlein Jerry Xfered :10/16/2000 Site :7455 SW Beveland Rd Tigard 97223 Price Mail :7455 SW Beveland Rd Tigard or 97223 Land :$83,710 Use :1012 Res,Improved imp :$92,900 Census :Tract:307.00 Block:l 00-01 Taxes :$2,087.46 Telephone:503-620-8137 Thomas Bros:655 G4 Doc ## :83615 Subdjv zRarmosa Park Legal :I3RRMOSO PARK, LOT 19 33edrm:4 Bth:3.00 YB:1962 Lot Sqft: B1dgSF:1,959 Ac: # 12 *---------------------Usex, Forxmac / Washinyton-fen)----------- ---; Parcel :R04S7302 RetPar## :2S101AB 01609 Owner ;Triangle Properties Xfered :07/07/1999 Site :7505 SW Beveland Rd Tigard 97223 Price :$220, 000 Mail :7505 SW Beveland Rd Tigard Or 97223 Land :$90,410 Use :1012 Res,Improved Imp :$134,840 Census :Tract:307.00 Hlock:l 00-01 Taxes :$2,705.55 Telephone: Thomas Bros:655 G4 Doc # :81203 Subdiv :Hermosa Park Legal :HERMOSO PARK, LOT 20 Bedrm:4 Bth:3.00 Y13:1962 Lot Sqft: B1dgSF:2,468 Ac: # 13 ---------------------User FormaC / Wash1mgtem-feR)------------------------- Parcel -Parcel :R0457311 Ref Par# :2S101AB 01700 Owner :Roth Alan D &Linda A Xfered Site :7420 SW Hermoso Way Tigard 97223 Price :$64,000 Mail :7420 SW Hermoso Way Tigard Or 97223 Land :$83,710 Use :1012 Res,Improved Imp :$67,990 Census :Tract:307.00 Block:l 00-01 Taxes =$1,64.4.95 Telephone:503-639-5827 Thomas HroF:655 04 Doc # :79049863 subdiv :Hermosa Park Legal :HERMOSO PARK, LOT 11 Bedrm:3 Sth:2.00 YH:1957 Lot Sqft: B1dgSF:1,528 Ac: # 14 *----------------------Udcr Format / Waahington-faPI-------------------------* Parcel ;R0457320 Ref Par# :2S101AB 01800 Owner :Boehm Ocne O Beatrico G Xfered Site :7380 SW Hermoso Way Tigard 97223 Price Mail :7380 Sw Hermoso way Tigard or 97223 Land :$83,710 Use :1012 Res,Improved Imp :$76,380 Census :TracC:307.00 Elock:1 00-01 Taxes :$1,770.97 Telephone:503-639-9002 Thomas Bros:655 G4 Doc # :8210297 subdiv :Hermosa Park Legal :HERMOSO PARK, LOT 12 Bedrm:3 Bth:2.00 YB:1956 Lot Sqft: B1dgSF:1,512 Ac: # 15 *---------------------User Format -------------------------* Parcel ;R0457339 Ref Par# :2S101AB 01900 Owner :Whitethorn Llc Xfered :08/13/1996 Site :12465 SW 72Nd Ave Portland 97223 Price :$168,000 Mail :12465 SW 72Nd Ave Portland Or 97223 Land :$75,340 Use :1012 Res,Improved Imp :$99,270 Census :Tract:307.00 Block:l 00-01 Taxes x$1, 999.65 Telephone: Thomas Rroo:655 G4 Doc # :72236 subdiv :Hermosa Park Legal :HERMOSO PARK, LOT 15 Bedrm:4 ath:2 .00 YB:1956 Lot Sgft:17,424 B1dgSF:2,040 Ac: .40 The info=aeion Provided la Deemed Reliable. .But Se Noe cu mmmr.pd. T AMERXCAN 7 X T Z 3 # 16 *---------------------User Format / Washiraffben-f GA)-------------------------* Parcel :R04S7348 Ref Far# :2S103.AB 02000 Owner :Berman John. M Xfered :07/07/1997 Site ;7175 O,W Beveland Rd Tigard 97223 Price Mail :7175 SW Beveland Rd ##210 Tigard or 97223 Land :$252, 060 Use :2012 Com, Improved Imp :$1,023,440 Census :Tract:307.00 Block:1 00-01 Taxes :$13,608.88 Telephone:503-670-1122 Thomas Bros:655 G4 Doc # :62128 Subdiv :Beveland Legal :BEVELAND, LOT PT 4, ACRES .59 Bedrm:3 Bth:2.00 YB;1998 Lot Sgft:26,606 B1dgSF:11,443 ,A,c: .59 # 17 *---------------------User Foxmat / WASAIngrtefi-(GAI-------------------------� Parcel :R04S?357 Ref Par# :2S101AS 02100 Owner :Andrus Michael R/Nancy A Xfered :01/08/2001 Site :7155 SW Beveland Rd Portland 97223 Price :$240,000 Mail :7155 SW Beveland Rd Portland Or 97223 Land :$210,630 Use :2012 Com,Improved, Imp :$5,200 Census :Tract:307.00 Block:l 00-0e Taxed :$1,596.84 Telephone. Thomas Eros:655 04 Doc # :1320 Subdiv :Beveland Legal :BEVZLA=, LOT 3 Redrm: Br-h: YB:1961 Lot $gft:20,060 B1dgSF: AC. .46 # 18 *---------------------uaer Format / FpaHl3 8geera-f9R3-------------------------* Parcel :R0457366 Ref Par# :2SIOlAB 02200 Owner :Casey Edward L Tr & Joanne F Xfered :08/08/1995 Site :7085 SOV Beveland Rd Portland 97223 Price :$162,000 Mail :7085 SW Beveland Rd Portland Or 97223 Land :$200, 810 use :2012 com,Improved ' Imp :$9,760 Census :Tract:307.00 Block:l 00-01 Taxes :$1, 074.59 Telephone-503-684-4931 Thomas Bros:655 G4 Doc # :55142 Subdiv :Beveland Legal :BEVELAND, LOT 2 Bedrm: Bth: YB:1950 Lot Sgft:21,250 B1dgSF: Ac: .48 # 19 *---------------------User Format -------------------------* Parcel :80457375 Ref Par# :2S101Ap 02201 Owner :Scrivner Ronny E & Jill A Xfered :02/26/1993 Site :7115 SW Beveland Rd Tigard 97223 Price :$92,000 Mail :7115 SW Beveland Rd Tigard Or 97223 Land :$142, 880 Use :2012 Com, Improved Imp :$24,160 Census :Tract:307.00 Block:l 00-01 Tates :$941.58 Telephone: Thomas Bros:655 G4 Doc ## :14788 Subdiv - :Beveland L6?gal r BEVELAND, LOT PT 2, PT 3 Redrm: Bth: YB: Lot Sgft:15,120 B1dgSF: Ac: .34 # 20 *---------------------r7awx Formas / waaftlxgsea-fGRz -------------------------* Parcel ;R0457400 RefPar# :2S101AB 02500 Owner :Shim Steve S & Janet H Xfered .10/27/1998 Site :7086 SW Beveland Rd Tigard 97223 Price :$305, 000 Mail :14347 SOV Noven Ct Tigard Or 97224 Land :$244,800 use :2012 COM,Improvect Imp :$65, 720 Census :Tract:307.00 Block:l 00-01 'Taxes :$1,595.92 Telephone: Thomas Bros;655 G4 Doc # :119971 Subdiv :Beveland Legal :BEVELAND, LOT 7 Bedrm:3 Bth:3.00 YB:1959 Lot Sgft:27,200 B1dgSF:2,374 Ac: .62 Tne rnsermacioA ProvIded Is Deemed Re23able, But Sa Nor Guaranteed_ F X R 5 ? A X E X X C A N T I T L Z# 21 - *--_------ ---neer Former / WaBhIniTtax-foRl-----___ . .-------------- # Parcel :80457446 RefPar# :2S101AB 02702 owner :Eagle Hardware & Garden Inc X£ered :12110/1998 Site :7510 SW Beveland Rd Tigard 97223 Price :$235,000 Mail :PO Box 1111 North Wilkesboro Nc 28656 Land :$83,710 Use :1012 Rea,Improved Imp Census :Tract:307.00 Block:l 00-01 Taxes :51, 159.29 Telephone: Thomas Bros:655 G4 Doc # :139990 Subdiv :Hermosa Park Legal :HERMOSO PARK, LOT 26 Bedrm:3 Bth:1.00 YB:1960 Lot Sgft: B1dgSF:1,486 Ac: # 22 *----- -------User Format / Wa4haE-no -f ORI------- ----------------- Parcel : 20457455 RofPar## :2S101AB 02703 Owner :Mccaffery Hugh R & Mancy J Trs xfered :12/20/1999 Site :7460 SW Beveland Rd Tigard 97223 Pricc :$265,000 Mail :7460 SW Beveland Rd Tigard Or 97223 Land :$83,710 Use =1012 Ros,Improved Imp :$72,760 Censua :Tract:307.00 Block:l o0-01 Taxes :$1, 734.77 Telephone: Thomas Bros:655 G4 Doc # :137783 Subdiv :Hermosa Park Lcgal :HERMOSO PARK, LOT 27 13edrm:3 Bzh:1.00 YB:1960 Lot Sqft; B1dgSF:1,24$ Ac: #$ 23 ;---------------------User Format -------------------------* Parcel -.R0457464 RefPar# :2S101AB 02704 owner :Newham David Allen & Barbara An Xfered :12/30/1998 Site :7410 SW Beveland Rd Tigard 97223 Price :$249,900 Mail :14060 SW High Tor Dr Tigard Or 97224 Land .$165,700 Use :2012 Com,improved Imp :5166,200 Census :Tract:307.00 Block:l 00-01 Taxes :53,295.42 Telephone:503-590-1656 Thomas Bro5:655 G4 Doc # :148159 Subdiv :Hermosa Park Legal :HERMOSO PARK, LOT 28 Bedrm:3 Bth:2.00 YB:1960 Lot Sqft; &1dgSF:6oa Ac: # 24 }---------------------user Format -------------------------x Parcel :R0457473 RefPar# :2S101AB 02705 Owner :Ragle Hardware & Garden Inc Xfcrcd :12/10/1398 Site :7360 SW Beveland Rd Tigard 97223 Price :$220,000 Mail :PO Rox 1111 North Wilkazboro Nc 28656 Lend :$83,710 Use :1012 Res,Improved Imp Censua :Tract:30?. 00 Block:l 00-01 Taxes :$1, 159.29 Tolephone: Thomas Bros=655 G4 Doc :139988 Subdiv :Hermosa Park Lcgal :HERMOSO PARK, LOT 29, SEGREGATION Bedrin:k Bth:2.00 Y33:1961 Lot Sqft: B1dgSF:800 Ac: # 25 ----------------------User Format / Washington 4OR3-------------------------* Parcel :X0457534 RefPar# :2S101AC 00400 Owner :Weaver Michael D & Gail B Xfered :02/10/1997 site :71.05 SW Gonzaga St Tigard 97223 Price Mail :7075 SW Gonzaga St Tigard Or 97223 Land :$83,100 Use :1012 Res,Improved Imp :$83,960 Census :Tract:307.00 Block:l 00-01 Taxes :51, 828.11 Telephone:503-639-9796 Thomas Bros:655 G4 Doc # :11940 Subdiv :Beveland Legal :BEVELAND X0.2, LOT 10 Bedrm:3 Bth:2.00 YB:1961 Lot Sqft: alr3.gSF:2,a52 Aa: :rhe Information Provided To Deemed Reliable, But Se Nov Guaranteed. F X R 3 T A N .E R I C A N T S T L E# 26 - *-- --------------User Format / WaabAagpes-(GR}----------------- -----" Parcel :R0457552 Ref Far# :2S101AC 00600 owner :Roth Jacob T Jr & Theresa A Xfered :03/26/1997 Site :126CO SW 72Nd Ave Tigard 97223 Price Mail :12600 SW 72Nd Ave 'Tigard Or 97223 Land :$1,021,100 Use :2012 Com,improved Imp :$305,660 Census :Tract:307.00 Block:l 00-01 Taxes :$11,486.73 Telephone:503-639-2639 Thomas Bros:655 G4 Doc # :26508 Subdiv :Beveland Legal :BEVELAND NO.2, LOT 5-6 & 11-12, Bedrm: Bth: YB:1966 Lot Sgft:102,366 BldgSF:10,500 Ac:2.35 ## 27 *---------------------user Format / Wafibingtea-(GR4-------------------------* Parcel :R0457561 RefPar# :2S101AC 00700 Owner :Pauly Sherman R Xfered. :02/01/1994 Site :12700 SW 72Nd Ave Tigard 97223 Price Mail :PO .Box 23684 Tigard Or 97281 Land :$182,950 Use =207.2 Com,Improved Imp :$469,970 Census :TraCt:307.00 Blockzi 00-01 Taxes :$7,607.68 Telephony: Thomas Bros:655 04 Doc # :10509 Multi-Parcel Subdiv :Beveland Legal -BEVELAND 2, LCT PT 13, ACRES .40 Bedrm: 8th: YB: Lot Sgft:1:7,424 B1dgSF: B►C: _40 # 28 *---------------------veer po=at -------------------------x Parcel :R0457570 RefPar# :2S101AC 00800 Own= :Pauly Sherman R Xfered :02/01/1994 Site :7148 SOY Gonzaga St Tigard 97223 Price Mail :PO Box 23684 Tigard Or 97281 Land :$155,460 Use :2002 vacant,Commercial Imp Census :Tract:307.00 Block:l 00-01 Taxes :$1, 073.52 Telephone: Thomas Bros:655 G4 Doc # :10509 Multi-Parcel Subdiv :Beveland No.2 Legal :BEVELAND No.2, LOT 14, PLUS PART OF. Bedrm: Bth: YE: Lot Sgft:17,424 B1dgSF: Ac. .40 # 29 *---------------------User Format / Washington-EBR4-------------------------* Parcel :R0457687 RefPar# :2S101AC 01900 Owner :Washington County School Xfered Site :12615 SW 72Nd Ave Tigard 97223 ]trice Mail :12615 SW 72Nd ,Ave Tigard Or 97223 Land :$2, 954, 020 Use :9202 Ins,Public School District Imp Cezisus :Tract:307.00 Blockti 00-01 Taxee Telephone= Thomas Bro::655 04 Doc # :3640064 Subdiv a Legal :ACRES 9.22, NON-ASSESSABLE Bedrm: Bth. YB: Lot Sgft:359,063 B1dgSF: Ac:8.22 # 30 ----------------------User Formac / wasafageeA-EBR3-------------------------* Parcel :R1262662 RefPar# :2S101AC 00701 Owner :State Of Oregon File 51801 Xfered Site :"No Site Address* Price mail Land Use :9052 Gov,State Imp Census :Tract: Block: 00-01 Taxes Telephone: Thomas Bros: Doc # :82009016 Subdiv :Beveland No.2 Legal :BEVELAND N0.2, LOT PT 13, Bedrm: 13th: YB: Lot Sqft: B1dgSF: Ac: The Information Provided is Deemed Reliable, 8uc Is Not Guaranteed. Mailing List of Property Owners in the Affected Area TLID OWNER1 OWNERADDR OWNERCITY SITEADDR 2S101AB01607 RAND STEPHEN C 7540 SW HERMOSO WAY TIGARD OR 7540 SW HERMOSO WAY 23101ABO1605 ROVIG CAROLE A 7460 SW HERMOSO WAY TIGARD OR 7460 SW HERMOSO WAY 2S101ABO1700 ROTH ALAN D AND LINDA A 7420 SW HERMOSO WAY TIGARD OR 7420 SW HERMOSO WAY 2S101AB01501 JOENS JOHN D MARJORIE A 7545 SW HERMOSO WAY TIGARD OR 7545 SW HERMOSO WAY 2S101AB01800 BOEHM GENE G BEATRICE G 7380 SW HERMOSA WAY TIGARD OR 7380 SW HERMOSO WAY 2S101AB01601 WHITNEY EUGENE P 7340 SW HERMOSA WY TIGARD OR 7340 SW HERMOSO WAY 2S101AB01602 GIBSON KLAUS P &CORNELIA 10904 SW PARKWOOD CT WILSONVILLE OR 7310 SW HERMOSO WAY 2S101AB01603 HARLAN BRIAN &MAI 7270 SW HERMOSO WAY TIGARD OR 7270 SW HERMOSO WAY 2S101ABO1502 ANDERSON ARDELLE C 7565 SW HERMOSO WAY TIGARD OR 7565 SW HERMOSO WAY 2S101ABO1609 TRIANGLE PROPERTIES 7505 SW BEVELAND RD TIGARD OR 7505 SW BEVELAND RD 2S101AB01000 HAMPTON PARK LLC 5837 JEAN RD LAKE OSWEGO OR 12410 SW 72ND AVE 2S101AB01608 KOBERLEIN PATRICIA LYNN 7455 SW BEVELAND RD TIGARD OR 7455 SW BEVELAND RD 2S101AB01600 ERDLE WILLIAM J 7405 SW BEVELAND RD TIGARD OR 7405 SW BEVELAND RD 2S101AB01606 SLOAN DAVID MARTIN 7355 SW BEVELAND RD TIGARD OR 7355 SW BEVELAND RD 2S101AB01604 STOBER LOUIE A &JESSIE L 7305 SW BEVELAND RD TIGARD OR 7305 SW BEVELAND RD 2S101AB01900 WHITETHORN LLC 12465 SW 72ND AVE PORTLAND OR 12465 SW 72ND AVE 2S101AB02000 BERMAN JOHN M & 7175 SW BEVELAND RD# TIGARD OR 7175 SW BEVELAND ST 2S101ABO2100 ANDRUS MICHAEL RYAN 7155 SW BEVELAND ST PORTLAND OR 7155 SW BEVELAND ST 2S101AB02201 SCRIVNER RONNY E/JILL A 7115 SW BEVELAND ST TIGARD OR 7115 SW BEVELAND ST 2S101AB02701 EAGLE HARDWARE &GARDEN INC NORTH WILKESBORO NC 7560 SW BEVELAND RD 2S101AB02702 EAGLE HARDWARE &GARDEN INC NORTH WILKESBORO NC 7510 SW BEVELAND RD 2S101AB02703 MCCAFFERY HUGH R &NANCY J TR PO BOX 411 WILSONVILLE OR 7460 SW BEVELAND RD 2S101AB02704 NEWHAM DAVID ALLEN & BARBARA 14060 SW HIGH TORR DR TIGARD OR 7410 SW BEVELAND RD 2S101AB02705 EAGLE HARDWARE&GARDEN INC NORTH WILKESBORO NC 7360 SW BEVELAND RD 2S101ABO2706 EAGLE HARDWARE &GARDEN INC NORTH WILKESBORO NC 7310 SW BEVELAND RD 2S101AB02707 EAGLE HARDWARE &GARDEN INC NORTH WILKESBORO NC 12545 SW 72ND AVE 2S101AC01900 WASHINGTON COUNTY SCHOOL 12615 SW 72ND AVE TIGARD OR 12615 SW 72ND AVE 2S101AC00600 ROTH JACOB T JR&THERESA A 12600 SW 72ND AVE TIGARD OR 12600 SW 72ND AVEN 2S101AB02500 SHIM STEVE S &JANET H 14347 SW KOVEN CT TIGARD OR 7086 SW BEVELAND ST 2S101AB01607 2S101AB01605 2SIOlAB01700 RAND STEPHEN C ROVIG CAROLE A ROTH ALAN D AND LINDA A 7540 SW IIERMOSO WAY 7460 SW HERMOSO WAY 7420 SW HERMOSO WAY TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 2SIOlAB01501 2SIOlAB01800 2SIOlAB01601 JOENS JOHN D MARJORIE A BOEHM GENE G BEATRICE G WHITNEY EUGENE P 7545 SW HERMOSO WAY 7380 SW HERMOSA WAY 7340 SW HERMOSA WY TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 2S101AB01602 2SIOlAB01603 2S101AB01502 GIBSON KLAUS P&CORNELIA HARL AN BRIAN&MAI ANDERSON ARDS I C 10904 SW PARKWOOD CT 7270 SW HERMOSO WAY 7565 SW HERMOSO WAY WILSONVILLE OR 9 70 70 TIGARD OR 97223 TIGARD OR 97223 2S101AB01609 2S101AB01000 2SIOlAB01608 TRIANGLE PROPERTIES HAMPTON PARK LLC KOBERLEIN PATRICIA LYNN 7505 SW BEVELAND RD 5837 JEAN RD 7455 SW BEVELAND RD TIGARD OR 97223 LAKE OSWEGO OR 97035 TIGARD OR 97223 2S101AB01600 2SIOlAB01606 2S101AB01604 ERDLE WILLIAM J SLOAN DAVID MARTIN STOBER LOUIE A&JESSM L 7405 SW BEVELAND RD 7355 SW BEVELAND RD 7305 SW BEVELAND RD TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 2SIOIAB01900 2S101AB02000 2S101AB02100 WHITETHORN LLC BERMAN JOHN M& ANDRUS MICHAEL RYAN 12465 SW 72ND AVE 7175 SW BEVELAND RD#210 7155 SW BEVELAND ST PORTLAND OR 97223 TIGARD OR 97223 PORTLAND OR 97223 2S101AB02201 2S101AB02701 2S101AB02702 SCRIVNER RONNY E/JILL A EAGLE HARDWARE&GARDEN INC EAGLE HARDWARE&GARDEN INC 7115 SW BEVELAND ST NORTH WILKESBORO NC 28656 NORTH WILKESBORO NC 28656 TIGARD OR 97223 2SIOIAB02703 2S101AB02704 MCCAFFERY HUGH R&NANCY J TRS NEWHAM DAVID ALLEN&BARBARA 2SIOlAB02705 PO BOX 411 AN EAGLE HARDWARE&GARDEN INC WILSONVILLE OR 97070 14060 SW HIGH TORR DR NORTH WILKESBORO NC 28656 TIGARD OR 97224 2S101AB02706 2SIOlAB02707 ASHI2S101C01900 WASHIN EAGLE HARDWARE&GARDEN INC EAGLE HARDWARE&GARDEN INC WGTON COUNTY SCHOOL 12615 SW 72ND AVE NORTH WILKESBORO NC 28656 NORTH WILKESBORO NC 28656 TIGARD OR 97223 2S101AC00600 2S101AB02500 ROTH JACOB T JR&THERESA A SHIM STEVE S&JANET H 12600 SW 72ND AVE 14347 SW KOVEN CT TIGARD OR 97223 TIGARD OR 97224 EXHIBIT F Map of SW Beveland Road Right-of-Way Vacation Map of SW Beveland Road Right-of-Way Vacation: Affected Area MAP OF S. W. BEVELAND ROAD RIGHT OF WAY VACATION SW HERMOSD yy�- - 2SIOlABO7607 - RAND STEPHEN C. 2SIOlABO1605 2S101AB01501 ROWG CAROLE A. JOENS JOHN D 2SIOlABO1700 & MARJORIE A I ROTH ALAN D 2S101AB01800 & LINDA A BOEHM GENE G & BEATRICE G 801601 WHITNEYNEY EUGENE P 2S101AB01602 GIBSON KLAUS P 2SIOlABO1603 & CORNELIA HARLAN BRIAN & MAI 2S101AB01502 ANDERSON ARDELLE C I 2S101AB01609 2S101AB01000 TRIANGLE PROPERTIES 2SIOlABO1608 HAMPTON PARK LLC KOBERLEIN PATRICIA LYNN 2S107AB01600 (� ERDLE WILLIAM J 2S101AB01606 1 SLOAN DAVID MAR77N 2SIOlASO1604 Q STOBER LOUIE A 2S107AB01900 & JESSIE L WHITETHORN LLC C .=W BEWL=N_ �SW COR. LOT ROAD 7�IfRMOSO PARK' (� " -- NB38 E 28.71• S81�422.£ 2SIOIABO2000 2SIOIAB02100 2S101AB02201 BERMAN JOHN M ANDRUS MICHAEL RYAN SCRIVNER RONN 2S70fAB02701 C3 0 46' E & JILL A EAGLE HARDWARE 2SIOIABO2702 C2 3 & GARDEN INC. h EAGLE HARDWARE 25101AB02703 N h & GARDEN INC. 81 MCCAFFERY HUGH R 2S101ABO2704 W 15Q1T C1 r & NANCY✓ TRS NEWHAM DAVID ALLEN 2S101AB02705 N & BARBARA AN EAGLE HARDWARE y & GARDEN INC. _ SW BEVELAND STREET 2SIOIA802706 --- EAGLE HARDWARE & GARDEN INC. 2SIOIABO2707 EAGLE HARDWARE -�_ & GARDEN INC. 2S101AC01900 WASHINGTON COUNTY SCHOOL 2Si01AC00600 2S101AB02500 ROTH JACOB T JR SHIM STEVE S & THERESA A & JANET H NO. RADIUS DELTA LENGTH CHORD BEARING CHORD _ 100' CI 2D,OO' 22'24'32' Z 82' S13'45'46'N 7, 77' C2 245, DO' 9'16'59' 39. 69' N55-53'48'W 39, 65' C3 305, DO'1 51351261 29. 75' N54'03'02'V 29, 75' r I MAP OF S W. BEVELAND ROAD RIGHT OF WAY VACATION sw HE M SoWA y--- _ AFFECTED AREA 2SIOI AS07607 _ RAND STEPHEN C. 2SIOlAB01605 2S101AB07501 ROVIG CAROLE A. JOENS JOHN D 2S101AB01700 / & MARJORIE A ROTH ALAN 2SIOIAB01800 -9LINDA A-- i BOEHM GENE G 2S101AB07601 BCE G WHITNEY EUGENE P 2S101A807602 GIBSON KLAUS P 2SIOlAB01603 CORNELIA HARLAN BRIAN & MAI i i 2SIOlAB01502 � ~� ANDERSON ARDELLE C 2S701AB01609 LL�� 2S10 ABOi6&9 TRIANG PROPER77ES 2SIOIAB01606 HAMPTON PARK LLJ I KOBERLEIN PATRICIA LYNN 2S101AB01600 ERDLE WILLIAM ✓ 2SIOlASO1606 SLOAN DAVID MARTIN 2SIOIAB01604 Q —_ STOBER LOUIE 00 & JESSIE L A H17ETH RN LL _ WHITETHORN LLC b _L SW SW COR. LOT 16 C I BEVEL=- ROAD HERMOSO PARK' N ._. Ng17538 E. 3 2871' al�5,4222SIOIAB02000 2SI07AB02100 2S101AB02201 BERMAN JOHN M ANDRUS MICHAEL RYAN SCR 2S101AB02701 C3 I A 46' E && JILIJ A EAGLE HARDWARE GARDEN INC. 2S101AB02702� C2 o & h EAGLE HARDWAJE 2S101AB02703 & GARDEN IN MCCAFFERY HUGH R B1�422� W 150.1 N Ct & NANCY J TRS 2S101AB02704 N NEWHAM DAVID ALLEN 2S101AB02705 h 7 & BARBARA AN EAGLE HARDWARE & GARDEN INC. — SW BEVELAND STREET 2S101 EAGLE HARDWARE & GARDEN INC HARDWARE 2SIOIAB02707 EAGLE HARDWARE L & GARDEN INC. i ----2S107AC01900 WASHINGTON--CBUNXX SCHOOL 00 2SIOIAB02500 ROTHA t JACOOBB T T JR SHIM STEVE& JANET HS & THERESA A t i NO. RADIUS DELTA LENGTH CHORD BEARING CHORD i I 1 = 100, Cl -20. 00, 22'24'32' 7. 82' S13'45'46'N 7, 77' C2 245, DO' 9-16'59- 39, 69' N55-53'48'W 39, 65' C3 305, 00'1 5-35'26' 29, 75' N54-03'02'W 29. 75' I EXHIBIT G Legal Description of Area to be Vacated C.rRiFFiN LANd SURVEYiNq 12700 SW North Dakota St. —Suite 180, PMB 216 Tigard, Or. 97223 Office: (503)579-8503 Fax, (503)579-6823 April 30, 2001 S.W. Beveland Road - Right of Way Vacation Legal Description A portion of SW Beveland Road as platted in "Hermoso Park", a subdivision filed in Washington County Plat Records, situated in the NE 1/4 of Section 1, T.2S., R1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the Southwest corner of Lot 16 of said "Hermoso Park"; Thence Easterly along the North right of way line of said SW Beveland Road to a point 46 feet westerly, when measured at right angles, from the centerline of SW 72nd Avenue; Thence parallel with said centerline, S 2°33'30" W, 30.17 feet to the centerline of said SW Beveland Road; Thence continuing parallel with the centerline of said SW 72nd Avenue, S 2033'30" W, 22.37 feet; Thence along the arc of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 22024'32" (chord bears S 13045'46" W, 7.77 feet) a distance of 7.82 feet to the South right of way line of said SW Beveland Road; Thence along said South right of way line, N 81054'22" W, 150.17 feet; Thence along the arc of a non-tangent curve concave Northeasterly, radius point bears N 29°27'42- E, 245.00 feet, through a central angle of 9°16'59" (chord bears N 55°53'48" W, 39.65 feet) a distance of 39.69 feet; Thence along the arc of a reverse curve concave Southwesterly, having a radius of 305.00 feet, through a central angle of 5°35'26" (chord bears N 54°03'02" W, 29.75 feet) a distance of 29.75 feet to a point S 8°05'38° W from the Southwest corner of said Lot 16; Thence N 8°05'38" E, 28.71 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared in March 2001 by Minister-Glaeser Surveying Inc. a REGISTERED PROFESSIONAL. LAND SURVEYOR � &,� .-% OREGON JuL*26.tees KENNETH 0.GRIFFIN 47