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78-5565 ~ Bradbury Court CITY OF TIGARD, OREGON S565 w- ORDINANCE No. AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF S.W. BRADBURY COURT IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: The Council finds that Resolution Ifo.: 77-84 was adopted by the Council on November 14, 1977, relavi-ng to the vacation cr the hereinafter described dedicated unopened port.;on of a public way and that a. public hearing was thereby called to be held ont January 9, 1978, and that notice of said hearing was given a: required by Chapter 271.310 O�R.S. as set forth in said resolution. Section 2: The Council further finds that a oublic hearing as thereby called to be held, was duly and regularly held at the regular Council meeting on January 9, 1978, at which time and place the Council afforded all, interested persons an opportunity to be heard for or against the proposed vacation of said lands, the Council further considered all objections thereto. Section 3: The Council further finds that a ttv,,jor:i.ty of the owners of the area affected by said proposed vacation, computed on the basis provided in Chapter 271.080 O.R.S. , did not object thereto in writing and tha _ owners affected thereby did, in fact, favor tb e vacation of said area; and the Council finds that said vacation will not substantially affect the market value of any abutting property. Section 4: The Council further finds that the public interest will not be prejudiced by the vacation of the hereinafter described lands and that the said lands are not useful as part of the public street or -road system of the City of Tigard and that it is in the public interest that said vacation by approved. Seccion 3: 'f'he Council, further finds that the City recording officer has filed. in her office a certificate showing that all. city liens and taxes, if any, have been paid on the lands proposed to be vacated. Section 6: The following described portion of dedicated unopened street be and the same is hereby vacated and discontinued as a public way for the full length and width of said portion of street: As described in Exhibit "A", attached hereto and by reference made a part hereof. Section 7: That the City Recorder be, and she is hereby authorized and directed to have a certified copy of this ordinance filed for record with the following Washington County departments: ORDINANCE No. 78-_J � 1. Department of Records & Elections 2. Department of Revenue & Taxation - Attn: Assessor 3. Department of Public Works - Attn: County Surveyor all as required by Chapter 271.150 O.R.S. Section 8: This ordinance shall be effective on and after the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By 11hala1m vote of all Council members present, after being read two times by number and title only, this day of , 1978. City Rt!:cordei.: -- APPROVED: This ....�� day of Nfcv !2c, 1978, by the Mayor. s � Mayor } Cy o� m caXC1 } I, DORIS �f�:_IG, hereby cert-i-fy h'at I aim the duly c��o7n�ed, Ciuca?ifie_d, and acting Recorder of the City c7f Ti a ard, Oregon. 1 iUl tt at i have ( o,:AC a ei Cf of Ordinance Ivo_ � of the City of T?gard with the original in my possession as custodian o� the orficial records o-F he C7 ty o-J T?card, and t])aL the here-,v..th coiD 7 i S a correct trarscripr of the ,•{hole of Ordi-�ar�ce tvo_ l i•�ITNESS Nri"E'P EOF I },ave hereun�o sei. y�ha�r� znd the seal of the City of Ticard :h .s �2z. _ day of �,%elee�_% �•___ 197_ City Recorder_ ORDINANCE No. 78-, 1- EXHIBIT "A" S.W. Bradbury Court in Rosewood Acre Tract in the N.E. 114 Sect-on. 13, T2S, R1W, W.M., Washington County, Oregon described as follows: Beginning at the intersection of the East line of 40 foot, wide S.W. 72nd Avenue and the North line of 30 foot wide S.W. Bradbury Court; thence South►. 89* 10' East along the North line of S.W. Bradbury Court a distance of 633.4; feet more or less to a point in the West right-of-way line of the I-5 .Freeway; thence South 15° 45' West along said freeway West right-of-way line a distance of 31.05 feet to a point in the South line of S.W. Bradbury Court; thence North 89' 10' West along the South line of S.W. Bradbury Court a distance of 625.07 feet to a pairi.L iu the East line of S.W. 72nd Avenue; thence North 00. 08' East, 30 feet to he point of 'beginning. STATE OF OREGON County of Washington J} SS 1, Roger Thomssen, Director of Records and Elections and Ex-Officio 'Recorder of Con- veyances for said county, do hereby certify that the within instrument of 'writing was received and recorded in book- of records of of said County Witness my 'hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections 1NDOXED !w° January 17, 1978 Roger Thommsen Washington County Courthouse Allsboro, Oregon 97123 Dear Mr. Thomsen: Enclosed is a check in the amount of $27.00 to cover the recording fees and surveyors fees for the attached documents. Please record in the Washington County deed records and return a copy of each ordinance for our files. Ordinance 78-1 S.W. Bradbury Court Ordinance 78-2 S.W. Manzanite and North Dakota Streets Thank you for your assistance in this matter. Sincerely, Doris hartig City Recorder /br Enc I. cc: Revenue & Taxation Lept.0 Attn: Assessor Dept. of Public Works Attn: Surveyor January 17, 1978 F. G. Barrett pan Davis & Associates 16190 S.W. 72nd Avenue Portland, Oregon 97223 Reference: S.W. Bradbury Court Street Vacation ordinance 78-1 Dear Mr. Barrett: Ln processing your request for the above street vacation, the City incurred the following expensest Deposit $100.00 Publishing•Tigard Times 84,80 Surveyor's Recording Fee 4.50 Recording Fee 9.00 Total Cost $ 98.30 Refund Due - $1.70 Lnclosed is our refund check and if you have any questions regarding the above matter* please feel free to contact me. Sincerelyp Doris Hartig City Recorder /br Encl. Check 45407 ct yo ct+nn on AFFIDAVIT OF PUBLICATION crrY OFTIGARD,OREGON RESOLUTION No,-77-84 STATE OF OREGON, A RESOLUTION CONCERNING ssVACATION OF,A PORTION OF S.W. . COUNTY OF WASHINGTON, BRADBURY COURT A 30 FOOT WIDE DEDICATED' PUBLIC,RIGHT- OF-WAY IN THE CITY( TIGARD, Jos-eph---Sc-hater -------------------__ WASHINGTON COUNTY,,._dREGON WHEREAS, the area described on aeing first duly sworn, depose and say that I am the publisher ...-......____._____. . the attached.sheet headed•"Exhibit A", and by this reference made a part opedhereof,is an undeveieti street�obus of The Tigard Times, a newspaper of general circulation, as defined and/or alley dedicated to tie public for by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and highway purposes;anti WHEREAS, the Greek.-described on said Exhibit "A" now Iles within the state; that the legal notice, a printed copy of which is hereto annexed, was platted area of RO published in the entire issue of said newspaper for ___5._..-._ . faiY�, 5) days after the date ._- successive and within five ( a copy Of-104-;no" of"first publication,. .-1 consecutive weeks in the following issues _....-- tiCe in the foi`n►hereto attached,at ed _. .. - .. December 7, 14, 21 & 28, 1977 and Jan. 4, 1978 near each end of the adeditiori Re- - - A -----------------•--- to be vacated,an of said notice corder shall post a copy laces 2 conspicuous p _- in at least two ( ) to be va { gna are) within the area(s) proposed,tobe accosn- c ted,all of said posting ed within the time herein stated. n Of Subscribed and sworn to before me this ___._._5th .-_..___.._..-._-_-._ day of ....._...... PI�3 That the particular V��°c ted dedicated street proposed to be "� Januar 78 �s described on the attached sheet headed Exhibit,A" and by this refer- - - - ...__ 19._..__._. art hereof." • ° ence made a p „A„ = Z .-. - EY.HmITo in Rosewood urt tary Public Oregon S,W. Bradbury E. 114 Section 13, Acre Tract to theWhinon County, //. T2S> R1W, W.M., My commission expires .-._._-._._.- -..._16 -_._-. -.. 19.1. a Oregon.described as follows Beginning at the intersection of the East line of 40 foot wide S• 30 foot wide ,�e_and the Nord►li�"7"'-_��"` In the Matter of the Proposed S.W. BRADBURY COURT STREET VACATION STATE OF OREGON } County of Washington) ss. City of Tigard ) I, Bob Thompson being first duly sworn,on oath depose and say: That I posted in the following public and conspicuous places, a copy of Notice of Public Hearing of the Bradbury Court Street Vacation a copy of said notice being hereto attached and by reference made a part hereof, on the 9th day of December, 1977. 1. Posted on PGE Pole # 723 on Tax Map C21-13A, facing Bradbury Court. 2. Posted on PGE Pole # 729 on Map C21-13A, facing Bradbury Court. 3. Posted on PGE Pole # 730 on Map C21-13A, facing Bradbury Court. 4. Posted on a fir tree approximately 24 inches in diameter South approximately 60 feet from PGE pole #723 on Map C21-13A. ~Bob Thompson Subscribed and sworn to before me this " `1-h day of .L c 'mle r , 1977. 41 2- L c Notary Public for Oregon My Commission Expires; A T I p FE I 4 G W,A f C: Po f)i I 1 7 RF ,M I ) f is ZION C.('N, k 0y MkAZDFJR',�' 0)"URT, PO'OT W D S D1 C A 1T HI C B D WA: —WAY f I -1 0311., d b.v Uri c it 0 ( fF'Wk � 1 I A 1.F 7J, )p �Tr f P r,'p k 2V T J CITY OF TIGARD, OREGON RESOLUTION No. 77-2-Y-- A RESOLUTION CONCERNING VACATION OF A PORTION OF S.W. BRADBURY COURT A 30 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the area described on the attached sheet headed "Exhibit A", and by this reference made a part hereof, is an undeveloped unused street and/or alley dedicated to the public for highway purposes; and WHEREAS, the area described on said Exhibit "A" now lies within the platted area of ROSEWOOD ACRE TRACT, a duly recorded subdivision of record in said County; and WHEREAS, the area described on said Exhibit "A" also lies within the corporate boundaries of the City of Tigard, Oregon; and WHEREAS, said described area does not serve a public purpose and is so situated as to be of no usefulness now or in the future as part of the public street system of the City; and WHEREAS,, it appears to be in the public interest that the said area be vacated and restored to the tax rolls and made available to development and use; and WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners have petitioned for the initiation of vacation proceedings as authorized in Chapter 271 ORS. NOW, THEREFORE, BE IT RESOLVED by the City Council of Tigard, as follows: (1) "That the public hearing is hereby called to be held by the City Council of Tigard on Monday, January 9, 1978, at Lecture Room Fowler Junior High School, 10865 S.W. Walnut Street, within the City of Tigard, beginning at 8:00 P.M. , at which time and place the Council shall bear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands. (2) "That the City Recorder be, and she is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general cir- culation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be made on the 7th day of December, 1977 and once each week thereafter for five publishings in all. RESOLUTION No. 77- "The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form hereto attached, at or near each end of the area(s) proposed to be vacated, and in addition, the Recorder shall post a copy of said notice in at least two (2) conspicuous places within the area(s) proposed to be vacated, all of said postings to be accomplished within the time herein stated. (3) "That the particular portion of dedicated street proposed to be vacated is described on the attached sheet headed "Exhibit A" and by this reference made a part hereof." PASSED by the Council on the day of AI14 2 e 1977. Mayor ATTEST: City Recorder Page 2 RESOLUTION No. 77- EXHIBIT "A" S.W. Bradbury Court in Rosewood Acre Tract in the N.E. 1/4 Section 13, T2S, RIW, W.M. , Washington�County, Oregon described as follows: Beginning at the intersection of the East line of 40 foot wide S.W. 72nd Avenue and the North line of 30 foot wide S.W. Bradbury Court; thence South 89' 10' East along, the North line of S.W. Bradbury Court a distance of 633.43 feet more or less to a point in the West right-of-way line of the 1-5 Freeway; thence South 15* 45' West along said freeway West right-of-way line a distance of 31.05 feet to a point in the South line of S.W. Bradbury Court; thence North 890 10' West along the South line of S.W. Bradbury, Court a distance of 025.07 feet. to a point in the East line of S.W. 72nd Avenue; thence North 0* 08' East, 30 feet to the point of beginning. 3� ti 41- SS � cv ri DAN DAVIS& ASSOCIATES A 16190 S.W. 72nd Avenue, Portland, Oregon 97223 Telephone (503) 620-5722 Vft, November 9, 1977 Ms. Lorene Wilson City of Tigard d, 12420 S. W. Main Street Tigard, Oregon, 97223 Dear Ms. Wilson: Enclosed is our check for $50. 00 for the vacation of S. W. Bradbury Court. This is in addition to the $100 previously paid. We understand that the public hearing on this will be January 9, 1978. Sincyrely, /F. G. Barrett FGB:mr Enclosure DAN DAVIS &ASSOCIATES A 16190 S.W. 72nd Avenue, Portland, Oregon 97223 Telephone (503) 620-5722 November 2, 1977 V Ms. Doris Hartig, City Recorder City of Tigard 12420 S. W. Main Street Tigard, Oregon, 97223 Dear Ms. Hartig: I am enclosing a copy of the letter to me from John F. Crockett of the Washington County Department of Public Works. In it he refers to the easement which was signed. He also states that the County has agreed to the vacation of S. W. Bradbury Court. I have submitted the other petitions to you via Mr. Ed Waldon in my letter of October ZO, 1977. 1 believe that all signatures necessary have now been obtained and we request proceedings to vacate the street be started. Sinc rely, F. G. Barrett FGB:mr Enclosures WASHINGTON COUNTY ADMINISTRATION BUILDING— 150 N. FIRST AVENUE, HILLSBORO, OREGON 97123 R BOARD OF COMMISSIONERS DEPT.OF PUBLIC WORKS RAY MILLER,Chairman JOHN F.CROCKETT,Director BILL BLOOM October 28, 1977 0M 201 503 6488888 VIRGINIA DAGG MILLER M.DURIS RICHARD C.HEISLER - Fred Barrett Dan Davis & Associates 16190 S.W. 72nd Avenue Portland, Oregon 97223 Dear Fred: Enclosed are executed copies of the easement agreement relative to Bradbury Court off S.W. 72nd Avenue. In addition, the Minute Order which also is enclosed, indicates the county's no objection to vacation proceedings on subject street. I hope this gives you the necessary documents to proceed as you had desired. If you have any additional problems or questions, or we might help you additionally, please do not hesitate to contact me. Yours 'veryruly,� , � John F. Crockett, P.E. Director of Public Works ij JFC:pj i Encls. x a WAS GTON C Inter_ Dgwrlment Correspondence Date October 20, 1977 For Me0tinq of: oct:ober 25, 1977 To : honorable Board of County Commissioners I r'rom Director of Public Works Sub;ect Easement Agreement and Vacation Proceedings for Bradbury Court (city of Tigard) r: You are aware that the County has on option to Norris, Beggs & Simpson the sale of a parcel of county property lying east of 72nd and north of the, Lower Boones Ferry interchange with I-S. Along the north boundary of that property is a dc;di.cated roadway known as By-adbury Court. North of Bradbury Court is industrial property owned by U.S. Bancorp. It is the desire of U.S. Bancorp, and Norris, Beggs & Simpson concur, to vacate Bradbury Court. Washington County should also have no objection to this vacation. Howe,.Ter, since' Washington County is the fee owner of the property option to Norris, Beggs & Simpson, itis necessary prior to vacation proceedings thru the Ci.ty, of Tigard, for the County and the other property owners to enter into the Yc arrd casement agreement. In addition to that, it is necessary for Washington }?rep C'c�vstity�, thxtl of your Board, to indi(.�,Ito �tA olajr�ctaoi� to the r:c�ae9 v�ac�ti.t�ri. JtL CCMMIai`11)AT7 e)N: Your Board authorize Execution of the :'Easement for Common Roadway" tag©tYae.r with U.S. Bancorp. and Norris, Beggs & SimPsori. Fur.tber, that the Board of County Commissioners by Minute Order indicate to those concerned that the County has no objection to the vacation of Bradbury Court between S.W. 72nd Avenue and the right-of-way for I-5. Respectfully submitted,, 7olin k'. Cres e t .TFC:P3 W�HNGTOV COUNO �,pPROVBU � Olrli4i�p'�ILS` BOAItD 1VIINVI p�7IiT Fri � ...... jah ,........ aLi sou ............ .. BY, �O.' ... uoAttD CLgkt+OI'7:HL' � x „ ��� o ,•�-. �---�� ' _� ��� :___1,—_ � � � � � / /dam Ni �.60 ��,� S e.¢er o _"�--I• e] i t�=cY ISS .;r c,};?+li' � - ,. ��� trio --�C .nC h I al•, I -e•,fu \ fi" �o¢• \ !•i, �t • r,r o' �' I � _Y� '^OI k�l� R$ I , ..� ! I _. s --.� i�o\t � t; N �. E1� ko L 11f _j A o N51 RI Y'i; �\ \\pF� '�\�•\ `=_' \ � � • J4 -�.-.•-- Ino .w '°° ! I - \ \ y S CO - ��- "t...-...- = I_f��•_�J i� J`...-.-: •-•i� s.] koNtn n�\ \'iii � a Yw� ,i • U `�� �` (J r• t1 h , , i 1SY� 'iTt�•--._ .._ - _,.,.,. .. •.,. ..72A13 _ ..- - T-as nc• ao'c+�.T_. liu��'. 9124' 99r•f f� -»^••• m.,..� _. - .__i _ _ ^i... .._ .• I ' s.i •n91 ,rf t�.- 0 M * 211 e, f® _ %�N • O f co ff i f..M ,/ _-„— -� •— !; I � 'r a-' I - W - ' ��.,f.f�+"---._.� '. _. �. _ — ,, __ ,{ �g I s•+I it al I i ���. 1 ] --- N I ` I I , 3 T NI �I - - - �*74ra it 'i -t 1 f• .•..,•._ _. 'l ..rM�t rl' I In 1 �" `�,...-.-•-"""± � .�..�I. * _ .y .,� +; fl�l,'I���r{� s ..i�r•,] �'�+-•11L634:...--C'�.. � 7..e vi►,Y2r�c� lu k.� I ®� �..,-�,C f �,• :fa ,7,'a' �� 1 I / I r r ,� � l;may. ♦. {.:.Tla r.4^':: i..f,A� w ,' i _.�•...__._.-._.....'.� 'v1 1� � � !� x•49.9' y te-If" .sac y, I I 1 I .}�'N •tf,..eE.-a,.?.x.c+n311G�t:' °Rr,>.CacT�. •.LiG.P',15;: -'"A'VNA ^ � bhp Pah I'.;�E DAN DAVIS&ASSOCIATES 16190 S.W. 72nd Avenue, Portland, Oregon 97223 Telephone (503) 620-5722 October 20, 1977 Ms. Doris Hartig, City Recorder City of Tigard 12420 S. W. Main Street Tigard, Oregon, 97223 Dear Ms. Hartig: We represent U. S. Bancorp Realty and Mortgage Trust, the owner of Oregon Office/Industrial Park in Tigard. In connection with our design review for Phase III of this development we are petitioning to vacate approx- imately 633 feet of S. W. Bradbury Court. I am enclosing peitions signed by U. S. Bancorp Realty and Mortgage Trust and Norris, Beggs & Simpson. Also enclosed is a letter from the Oregon State Highway Division agreeing to the vacation. We are awaiting word from Washington County, which owns the land to the west and the south. This will be handled at the next Commissioners Meeting. I am also enclosing our check for $100 to cover City costs and a letter to the City Council requesting this vacation. Sincerely, F. G. Barrett FGB:mr Enclosures PETITION To: The Tigard City Council Tigard, Oregon, 97223 The undersigned property owners of record hereby petition the City of Tigard to vacate a portion of S. W. Bradbury Court described as follows: S. W. Bradbury Court in ROSEWOOD ACRE TRACT in the N. E. 1/4 Section 13 T. 2 S. , R. 1 W. , W. M. Washington County, Oregon described as follows: Beginning at the intersection of the East line of�S. W. 72nd Avenue and the North line of,S. W. Bradbury Court; thence South 89° 10' East along the North line of S. W. Bradbury Court a distance of 633. 43 feet more or less to a point in the West right-of-way line of the I-5 Freeway; thence South 15" 45' West along said ,West right-of-way line a distance of 31. 05 feet to a point in the South line of S. W. B radl)ury Court; thence North 89° 10' West along the South line of S. W. Bradbury Court a distance of 625. 07 feet to a point in the East line of S. W. 72nd Avenue; thence North 0° 08' East 30 feet to the ydnt of beginning. . . . . . Tax Lot Number Owner's Signature Date A-21401 -2100 By: Lk�&% � � /0 `7A 7 Norr s , Be --s and S'•n�n, Opti ee 110, PETITION To: The Tigard City Council Tigard, Oregon, 97?217" The undersigned property owners of record hereby petition the City of Tigard to vacate a portion of S. W. Bradbury Court described as follows: S, W. Bradbury Court in ROSEWOOD ACRE TRACT in the N. 1-!,. 1 /4 Section 13 T. 2 S. , R. I W. , W. M. Washington Coiinty, Oregon described as follows: V Beginning at the intersection of the East line of-S. W. 72nd Avenue and the North line of S. W. Bradbury Court; 4r," thence South 89' 10' East along the North line of S. W. Bradbury Court a distance of 633. 43 feet more or less to a point in the West right-of-way line of the I-5 Freeway; thence South 15' 45' West along said West right-of-way line a distance of 31. 05 feet to a point in the South Ihic of S. W. Bradl)ury Court; thence North 89' 10' West along the South line of S. W. Bradhury Court it distance of 625. 07 feet to a point in the East line of S. W. 72nd Avenue; thence North 0' 08' East 30 feet to the point of beginning. . . . . . Tax Lot Number. Owner's Signature Date— A-21 4ol -oi oo By: President U. S. Bancorp Realty and M 1 1 o r F Oregon State Highway Division ROBERT W. STRAUB GOYEYNOY HIGHWAY BUILDING, SALEM, OREGON 97310 September 2, 1977 Dan Davis & Associates 16190 S. W. 72nd Avenue Portland, OR 97223 Gentlemen: We have reviewed the proposed vacation of S. W. Bradbury Court between S. W. 72nd Avenue and Interstate 5. The Department of Transportation has no objection to this proposal as long as it is understood that there shall be no access to the highway right-of-way. The Department will not join in a petition for the vacation, but if a formal consent is required by the County, we should be furnished with the proper form. Sincerely, H. S. Coulter State Highway Engineer A DIVISION OF THE DEPARTMENT OF TRANSPORTATION -�,j_c'.._^—. �5'6�n. .mow � � ��a_-•.,,�. ak,�.,� Q C7J 8 �:; i rye r'y ♦rf ar t Rtx..A r� ".i i /s. tN O "'folk , En 11rto u ' , � '3�'t• /gyp (n \ �. ——— •,� _.� OD irr gp n w A S tr �l �' .. •� a ,.n i» - A\ c.. } ?/r,,, � •-�� 5 `* � �� � ..fit' �'�w. v ,> ar.„ ha�ah rr i �� � • tt1`p a.7 c�' ti �� � O - - lre�' lw!•w ,1111 y ----._r�- / 1 ,.o. � � k es _ ..yam, w AQ J�4 � �- i"# � �';.t h:; f�II �\,t• ` ,'r ,1 eY'� 111,iC�hOli i!!A 1 - t _.. ` z .t 3111 te' ,._ i":... . _ .. _. .. _ is ) t'� �— - i to 200 �' !♦°n! 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