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11250 ~ Canterbury Lane CITY OF TIGARD, OREGON �- ORDINANCE No. - r - VA"'PO ti ; DEDICATED UNOPENED PORTION OF S.W. w. .LAI _.: ti_l _ .' 14'Y OF TIGARD, WASHINGTON CQ )]N=. � OREGON. :IT'17 Di ':iRDAINS AS FOLLOWS: St' t t. _ ?: r {.'.cit finds that a resolution was adopted by the i Noven-ber 22, 1971, pursuant to chapter 271. 130 f-""otr r,�:_,i.l initiated vacation proceedings with respect 1—escrib•�d dedicated unopened portion of a public < r r'n,Ir f o,,ar, a hearincl was thereby called to beheld on ;fes F . Z 7, i.`.171 and t— notice of said hearing was given as t 7 _ r 2 71. 11i� ORS as set forth in said resolution. Sem iclY "' £ he Co,.:nt:-_ l Furth{::r finds that a public hearing as Y: rE �, �alf:d to be held, was duly and regularly held t r. t x ,c ' 1-a,. `c>r:ncil rrioeting on December 27, 1971 at which time -),nd pi s .}(� �_he Council (forded all interested persons an opportunity to. ;n > he<2'_^{a "of against the proposed vacation of said lands, and the �ur!-,,(­1r considered all objections thereto. °eC"tin. 3 ^ x'r e Council further finds that. a majority of the owners of i-_ -re area affected by said proposed vacation, computed on t ";= bias 'Ls pr-ucra.ded in chapter 271. 080 ORS, did not object thereto in ay.r i ing and that a11, owners affacted thereby did, in fact, favor t11",F- ;racatio'i 01area; and the Council finds that said vacating �rTI l not a;. bst.anti<a1.ly affe ct the market value of :any abutting prop<:>rty. :t t.i.o,l _ : �� :lcii t a'ther finds that the pi.iblic int,.=rest will prx Judiced by the vacation of the hereinafter la:'_I's that saJ, lands are not useful as part of the r::f, yJ —sten. of the City of Tigard and t- .a,- it is in th „ uir �1.i � intc rr,s1,- that said vacation be approved. " ,e %°vur. -: ,_1 further finds that the City recording officer lc.:i in her office a certificate showing that all city li �fis .sin-i t a ..>s have, been paid on the lands proposed to be SeCI:I�ara 6: lrha : tbo following described portion of dedicated unopened st:rF.;f'�'. },t!, and the same is hereby, vacated, and the rights of III(- + _ .rein and thereto be, and the sane ars, hereby, annulled -a r+ h }3 i (.)r i:: z^� ,- ra.s described in Exhibit "t�" attached hereto and by ,r:> mta- 4 i part her,3of.. , ;,e City Recorder be, and she is hereby, authorized iire_,ted to have a certified copy of this ordinance Y e : r wj.`:h 1-1*,e following Washington Coairity departments: . ... "xi.7: Ca iio24: ords ,and Elections RE'V riL'.' and Taxation Attention: iisSE'Ss«r 3. r cr„ent- c. 1>ublic ;works - ,'attention: County Surveyor . 150 ORS. P V` Section q: Wiordinance Hance shall be effective on and after the 31st A"v nVar its enactment by the City Council, and approval by tho Ya'.Av . !' ,'.' majority vote of all Council members present, after In . fad- three times by number and title only, this � I 10th_ day of January rt, 19 72 Izecor er City of "�ard Jj j APPROVED: Vy the mayor, this 10tH day of Januar 19 72 Mayo . City _of Tigard a 37 A s EXHIBIT "All mho r c,rti -�r, ,'-;f band in Vection 10, Township 2 South, lamette Meridian, Washin-ton County, 0-e , ,f,i n ,gore particularly described as follows: r: t an iron pipe at the Southeast corner of (the) Amends. d_ Plat of Canterbury Place, a subdivision cf retard In said rottnty; running thence North 001 061 Fast, P distince of 30.0 feet, along the east boundary ire of sa d subdivision, to an iron pipe at the South— fast cornea of Lot 11 of said subdivisions; thence South P9° 401 ?,'est, ? distance of 600.55 feet, along the South hcundar�r llrie of Lot 11 and. 10 and 9 of said subdivision, to the rrc^t Fas terly corner of that portion of land dedica+pd to the public as recorded in Book 750, Page 346, wed *ecord of �-:-�id County; thence South 460 451 4011 a dirtr,ncc of 43. 52 feet, parallel with the centerline of (45 foot wide) S.W. Canterbury Zane, to a point of ,intersection with the South boundary line of sair ,,ubdi_vi�'i.on; thence North 890 40' East, a distance of 5DR.80 feet, along the South boundary line of said sl1l,dilrision, tc the point of beginning of this description. STATE OF OREGON ) City of Tigard ) I, DORIS HARTIG, hereby certify that I am the duly appointed, qualified, and acting Recorder of the City of Tigard, Oregon. I further certify that I have compared the herewith copy of Ordinance No. of the City of Tigard with the original in my possession as custodian of the official records of the City of Tigard, and that the herewith copy is a correct transcript of the whole of Ordinance No. I/ - , `/ IN WITNESS WHEREOF I have hereunto set my hand and the seal of the City of Tigard thisr day of , 1972. 1 City Recorder STATE Of Oi"';Ut: 4 ss County of W; hingtun qr�f Elections and Roger oEx Officio Recorder of mssen, Director of e Con- antes for said county,, do hereby certify that the within instrument of writing was received and recorded in book of records No. --- -- --of said County Witness my hand and seal affixed. ROGER TNOMSSEN, Director of Retards & Elections G `_ ORDINANCE No. 71.-41 Deputy k x"j T i�, P34 R 4 t j 4 t 1.4 M r- IA 04 yi 4 � r o Ll h, t February 21, 1972 7 partusat of Records & Sloctions Washington County Courthouse Hillsboro, Oregon 9 133 Res Street Vacation, ordinance leo. 71--41 Dear Sirs Enclosed is a certified ropy of ordinance regarding vacation at dedicated unopened portion of S.W. Canteirbury Lane. Please record in the Washington County dead records. Cour cheek to cover costs is enclosed. Thank you for your assistance in this mitte►r. Sincerely, Doris Hartig City Recorder :Lr Ana�.osuree CC: Department of Revenue & Taxation, Attention: Ass+essoar opart ftnt of Public Works, Attentions County Surveyor 8. RESOLUTION No. 72-4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD RECOGNIZING OREGON TEACHER OF THE YEAR VERNE MARTIN (a) Motion to adopt: Councilwoman Paisley, seconded by Council- man Moore. Approved by unanimous vote of Council. 9. RESOLUTION No. 72-1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD RECOGNIZING MERITORIOUS SERVICE OF PLANNING COMMISSIONER CHARLES L. WOODARD J a) M6tion to adopt: Councilman Moore, seconded by Councilman Norton. Approved by unanimous vote of Council. 10. RESOLUTION No. 72-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD RECOGNIZING MERITORIOUS SERVICE OF PLANNING COMMISSIONER LEWIS GOSLIN (a) Motion to adopt: Councilman Norton, seconded by Councilwoman Paisley Approved by unanimous vote of Council. 11. RESOLUTION No. 72-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD RECOGNIZING MERITORIOUS SERVICE OF PLANNING COMMISSIONER JAMES A. PETERSON (a) Motion to adopt: Councilman Norton, seconded by Councilman Moore. Approved by unanimous vote of Council. 12. REJECTION OF BIDS - STEEL BUILDING TO COVER INCINERATOR (a) City Administrator recommended tabling the the award of the bids until the low bidder can submit shop drawings and the Air Pollution Control Commission approves installation of the incinerator. (b) Motion to gable awarding of bids: Councilman Moore, seconded by Councilman Bergmann. Approved by unanimous vote of Council. 13. ORDINANCE No. 71-41 AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF S.W. CANTERBURY LANE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON E (a) Second reading of ordinance by number and title only. f (b) Motion to adopt: Councilman Bergmann seconded by Councilwoman Paisley. t Approved by majority vote of Council. Roll ,Call of vote I as follows: Councilman Bergmann, AYE; Councilman Norton, NAY; Councilman Moore, AYE; Councilwoman Paisley, AYE; Mayor Larsen, AYE i PAGE 2 - COUNCIL MINUTES - JANUARY 10, 1972 'uirr'' 8. RESOLUTION No, 71- RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM BANCROFT #2 ACCOUNT TO GENERAL FUND (a) City Administrator stated resolution was not ready for adoption and requested matter be set-over to next Council meeting. 9. IRVINGTON-MOORE CONDITIONAL USE APPLICATION. Request for conditional use approval to allow outside storage, temporary offices and a temporary gravel parking lot on an M®3, Light Industrial parcel located on the North side of So Wo Hunziker Street, approximately 800 feet east of S.W. Hall, Blvd. Map 2Sl 1BC, Tax Lots 100, 101, 200, 2000. Application approved by Planning Commission, (a) Setting Public Hearing January 10, 1972, 8 m 00 Po Mo (b) Motion to set. Public Hearing: Councilman Norton, seconded by Councilman Bergmann. Approved by unanimous vote of Council present, 10, ORDINANCE No. 7138 AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS WITHIN AN AREA SERVED BY AND LYING WESTERLY OF GAARDE AVENUE IN THE CITY OF TIGARD, SETTING A PUBLIC HEARING WITH RESPECT THERETO, DIRECTING THE GIVING OF NOTICE THEREOF, PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY (a) Setting a Public Hearing 8: 00 P.M. January 24, 19720 City Administrator recommended adoption as it would provide a temporary moratorium for issuance of building permits. City is working with County and State to help relieve some of the problems on 99W and Gaardeo (b) Motion to adopt: Councilwoman Paisley, seconded by Council- man Norton. Motion was approved by majority of Council present. Roll call of vote as follows-. Councilman Bergmann, NAY, Council- man Norton, AYE, Councilwoman Paisley, AYE, Mayor Larsen, AYE. Since ordinance did not receive unanimous approval of Council present, ordinance will be read second time at. January 10th, 1972 Council meeting. 11. APPROVE AGREEMENT WITH WASHINGTON COUNTY FOR CONFINEMENT OF PRISONERS OF CITY OF TIGARD, (a) City Administrator recommended matter be tabled until City received further information from Washington County. 12, ORDINANCE No. 71441 AN ORDINANCE VACATING DEDICATED UNOPENED ------ PORTION OF S.W. CANTERBURY LANE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (a) Public Hearing 8,- 00 P.M� Representatives from Canterbury Crest Convalescent Home requested information regarding procedure in vacating land. Public Hearin:, Closed PAGE 2 ® COUNCIL MINUTES - DECEMBER 27, 1971 (b) Director of Public Works stated when land was vacated it would revert;. back to the property from which it was dedicated. Property owners would have to be determined by title search. i (c) Motion to adopt: Councilman, Bergmann., seconded by Council- woman Paisley. 3 Approved by majority vote of Council present. Roll call of vote as follows,- Councilman Bergmann, AYE,- Councilman Norton, NAY,- Councilwoman Paisley, AYE, Mayor .tarsen, AYE. Since ordinance did not pass by unanimous vote of Council present it will be read second time at Za.nuary 10th, 1972 Council meeting. 13. APPOINTMENT OF PLANNING COMMISSION MEMBERS (a) City Administrator stated "Screening committee" consisting of Councilman Bergmann, Planning Commissioner George Lewis and City Administrator had interviewed applicants and makes the following recommendation: Ralph Harkhurst, 11575 S.W. Greenburg, to replace Charles Woodard (resigned) term expiring July 2, 1972 (inside City) Theodor R. Paulat, 8925 S.W. Pinebrook Court to replace Fames Peterson (resigned) , term expiring July 2, 1974 (inside City) Norman E. Hartman, 14170 S.W. 93rd, to replace Lew Gosl.in (resigned) term expiring July 2, 1,973 (outside City) (b) Motion to approve recommendation of City Adm,inistratoro Councilman Norton„ seconded by Councilman Bergmann. Approved by unanimous vote of Council present. 14, ORDINANCE No. 71®42 AN ORDINANCE AMENDING SECTION 5 (B) of ORDINANCE No. 71-1 (Dog Control Ordinance) I'.NCREASIP,G THE DOG LICENSE FEE FROM $4.00 to $5. 00, PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY (a) Motion to adopt. Councilman Norton, seconded by Councilman Bergmann. Approved by unanimous vote of Council present. 15. OTHER BUSINESS (a) None 1 16. ADJOURNMENT: 8: 15 P.nM. a City Recorder ATTEST: Mayor PAGE 3 ® COUNCIL MINUTES -- DECEMBER 27, 1971 i lj O NOTICE OF PUBLIC HEAR-- ING H��T �F PUBLICATION ON PROPOSED �7ACATION'. AFFIDAVIT D H OF DEDICATED PORTION OF S W. CANTERBURY: STATE OF OREGON, LANE IN'THE CITY.•OF TL. ss. GARD WASHINGTON COUNTY OF WASHINGTON, ! COUNTY,OREGON Pursuant to resolution of the City Council,of Tigard adopted 'on November��8, 1971 under I, Tn ss1— Gc� �� — p . authorityof Chapter 271.130 Jng first duly sworn, depose and say that I am the publisher Oregon Revised Statutes, a public hearing will-be held by the Council of'Tigard at 8.00 of The Tigard Times, a newspaper of general circulation, as defined P.M.on Monday,December 27, '! 1971 at FowlerJunior High by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and School, Tigard, .Oregon, with respectto the,proposed vaca- .' state; that the legal notice, a printed copy of which is hereto annexed, was' tion of the following described E portion of a dedicatedstreet published in the entire issue of said newspaper for successive and (S.W.Canterbury Lane City the City of Tigard; Washington. County,Oregon:' consecutive weeks in the following issues _ Dec 2-9-16421 71 That portion of land in Sec- ' tion 10, Township 2:South,, Range 1:West,Willamette Me- ridian, :Washington County, Oregon, ;being more particu- larly described as follows Beginning.at`an iron pipe at the Southeast corner of.(the) Subscribed and sworn to before me this 23rd day of Amended Plat of Canterbury ' Place, a subdivision of record in said County;running thence Dec 19 71 North 00° 06' East,.a distance ! of 30.0 feet, along the East �--� boundary line of said subdivi- L�_�___���/ sion, to an iron Ipipe at the Notary Public of Oregon Southeast corner of Lot 11.of a said subdivisions; thence South 890 40'West,a distance 19 of radar feet,along the South My commission expires boundary.-line of Lot l I and 10 and 9 of said subdivision, �to the most Easterly comer of that portion of land dedicated to.the public as recorded in Book 758,Page 846,Deed Rec- ords of said-County; thence South 460 45' 40" East, a dis- tance of 43.52 feet, parallel with the centerline of(45 foot wide) S.W. Canterbury Lane, to'a.Point of intersection with; the South boundary line. of said subdivision;thence North; 890 40' East, a distance of:' 068.80 feet, along the South l boundary line:of-said subdivi- sion,to the point of beginning; of this description. Any objections ,or remon- strances against said proposal' to vacate said area may be made in writing and filedwith ' the City Recorder prior_to the i date of the hearing, ;and all' objections filed prior,to I the; date of hearing will be heard' ,and considered, and any.per- son having an interest in the proposal may likewise verbally' be heard at said time_ and place.. By order of-the City Council' of Tigard,this 22nd day"of No- vember,'1971. -` DORIS HARTIG, City Recorder; ('I'T 1397-Publish Dec. 2, 9, 16„ 23,'1971) NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF DEDICATED PORTION OF S. W. CANTERBURY LANZ<IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON Pursuant to resolution of the City Council of Tigard adopted on November 8, 1971 under authority of Chapter 271.130 Oregon Revised Statutes, a public hearing will be held 'by the Council of Tigard at 8;00 P.M. on Monday, , 1977. at Fowler Junior High School, Tigard, Oregon, with respect to the proposed vacation of the following described portion of a dedicated street (S.W. Canterbury Lane) in the City of Tigard, Washington, County, Oregon: That portion of land in Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at an iron pipe at the Southeast corner of (the) Amended Plat of Canterbury Place, a subdivision of record .in said County; manning thence North 000 06' East, a distance of 30.0 feet, along the East boundary line of said subdivi- sion, to an iron pipe at the Southeast corner of Lot 11 of said subdivisions;thence South 890 40' West, a distance of a 10.~ 5 feet, along the South boundary line of Lot 11 and 10 end 9 of said subdivision, to the most Easterly corner of khator•tion of land dedicated to the public as recorded in Book 758, Page 846, Deed Records of said County; thence South 460 45' 40" East, a distance of 43.52 feet, parallel with the centerline of (45 foot wide) S.W: Canterbury Lane, to a point of intersection with the South boundary line of said subdivision; thence North 890 40' East, a distance of 568.80 feet, along the South boundary line of said subdivi- sion, to the paint of beginning of this description. Any objections or remonstrances against said proposal to vacate said area may be made in writing and filed with the City Recorder prior to the date of the hearing, and all objections filed prior to the date of hearing will be heard and considered, and any person having an interest it the proposal may likewise verbally be heard at said time and place. By order of the City Council of Tigard., this 22nd day of N�utemh�r , 1971. DORIS HARTIG, City Recorder TT Publish Dec. 2,9,15,23,1971 AFFIDAVIT OF POSTING In the Matter of Proposed Vacation of Dedicated Portion of S.W. Canterbury Lane in the City of Tigard.,_ Washing ton County, regon I, Doris Hartig, 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 Tigard City Council to be held at 8 :00 P.M. , Monday, December 27 , 1971, a copy of said notice being hereto attached and by reference made a part hereof, on the 7th day of December 1971: 1. Westerly end of the proposed street vacation (S.W. Canterbury Lane) 2. Easterly end of the proposed street vacation (S.W. Canterbury Lane) 3. Approximately 200 feet from westerly end on north side of proposed street vacation. 4. Approximately 175 feet from easterly end on west side of proposed street vacation. Subscribed and sworn to before me this 7th day of December 1971. Notary P c for Oregon My Commission expires :,��_,�� Affidavit of Posting RESOLUTION No. 71 44WOI CITY OF TIGARDt OREGON ; A RESOLUTION CONCERNING VACATION OF A DEDICATED PORTION OF S.W. CANTERBURY LANE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, . the area described on the attached sheet headed "EXHIBIT "A"11 and by this reference made a part hereof, is part of a dedicated street and/or alley In the Amended Plat of Canterbury Place within the corporate limits of the City of Tigard, Washington County, Oregon-0 and WHEREAS, said lands do not serve a public purpose and are 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 for development and use by the adjoining property owners to whose lands the same, if vacated, would attach; and WHEREAS, pursuant to Chapter 271-130. ORS the City Council may Initiate vacation proceedings as authorized in Chapter 271 ORS without a petition or consent of the property owners and may otherwise conduct such proceedings in accordance with said chapter, NOW, THEREFORE, BE IT RESOLVED by the City Council of Tigard,, as follows: (1)"That a public hearing is hereby called to be held by the City Council of Tigard on Monday, 1971 at Fowler Junior High School within the City of Tigard, beginning at 8:06 P.M. , at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands. (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 circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be made on the _� day of .1) el , 1971, and once each week therea?T-er for four publishings in all. "The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form 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 pro- posed to be vacated is described on the attached sheet headed "Exhibit "All" and by this reference made a part hereof. " PASSED BY THE COUNCIL 2.2- 1971 Mayor - City of Tigard ATTEST: City-Recor - C of Tigard Resolution 71 - -? y A 7. Conditional Use Appeal, George L. Penrose Applicant. Request for conditional use approval to allow 2 duplexes on one R-7, Single Family Residential parcel located on west side of S.W. Grant St. directly across from S.W. School St. , Map 2S1 2BC, Tax Lots 4300 and 4303. (a) Setting Public Hearing 8:00 P.M. December 13, 1971. (b) Motion to set Public Hearing: Councilman Moore, seconded by Councilwoman Paisley. Approved by unanimous vote of Council. 8. RESOLUTION No. 71-38 RESOLUTION CONCERNING VACATION OF A DEDICATED PORTION. OF-S.W. CANTERBURY LANE IN THECITY OF TIGARD, WASHINGTON COUNTY, OREGON (a) Setting of Public Hearing 8:00 P.M. December 27, 1971. (b) Director of Public Works stated when Canterbury Lane Improvement District was formed, property owners were told City would realign S.W. Canterbury Lane. Director of Public Works recommended Council initiate street vacation and set public hearing for December 27, 1971, 8: 00 P.M. (c) Motion to adopt: Councilman Moore, seconded by Councilman Norton. Approved by unanimous vote of Council. 9. APPROVE AGREEMENT - S.W. SANDBURG STREET (a) Director of Public Works stated developers would comply with conditions set forth in the agreement and recommended City Recorder & mayor be authorized to execute, with the effective date to be upon acceptance by the City Council. (b) Motion to authorize mayor and City Recorder to execute agreement: councilman Norton, seconded by Councilman Bergmann. Approved by unanimous vote of council. 10. APPROVE SPECIFICATIONS FOR INCINERATOR BUILDING (a) Director of Public Works stated City had agreed with School District to cover the incinerator with steel building, approximate cost $3, 000. Director of Public Works recommended bids be received at 2: 00 P.M. December 13, 1971. (b) Motion to approve specifications: Councilwoman Paisley, seconded by Councilman Norton. Approved by unanimous vote of Council. 11. AWARD BID COMPREHENSIVE LIABILITY POLICY - Marsh & McLennan (a) City Administrator and City Attorney recommended awarding bid to Marsh & McLennan for $500, 000 single limit coverage for one year. Coverage is the same presently carried. Premium for one year will be $4677. (b) motion to approve awarding bid to Marsh & McLennan: Councilman Norton, seconded by Councilman Bergmann. Approved by unanimous vote of Council. PAGE 2 COUNCIL MINUTES - NOVEMBER 22, 1971 Oregon Foundation, Inc. iZ-1 10575 S.W. Canterbury Lane Tigard, Oregon 97223 Canterbury Crest Telephone: 639-7661 Visiting Nurse Service October 28, 1971 FE C'OFY Mr. Keith Thompson Director of Public Works City Hall 12420 S. W. Main Tigard, Oregon 97223 Dear Mr. Thompson: It is our understanding that the vacation of Canterbury Lane in the back of our property (Canterbury Crest, Lot 502 and Lot 503), can only be cleared by our request and that of Stan Adkins Builder, Inc. We, therefore, request that action be taken by the City of Tigard to vacate the Canterbury Lane right of way and the assignment of this property to be cleared to the proper beneficiaries. Your cooperation will be appreciated. Sincerely yours, Board of Directors OREGON FOUNDATION, INC. H. Donald Wiseman President HDW:br