77-1807 ~ Cook Lane ~ Watkins Avenue Awe 907
I ad-1. i- 0.17'1:1:'Gr-'0 11
Nc. 77-
AN� ORDINANCE VACATING DEDICATED MOPE= PORTION OF S.W. COOK DANE
IN T!�?— CITY OF TIGAP-D, WASHINGTON COUNTY, OREGON.
THE CITY OF TIGTARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that Resolution No. 77-52 was
adopted by the Council on May 9, 1977, relating
to the vacation of the hereinafter described dedicated unopened
portion of a public way and that a public hearing was thereby
called to be held on June 13th, 1977, and that notice of said
hearing was given as required by Chapter 271-110 O.R. S. as set
forth in said resolution.
Section 2: The Council further finds that a Dublic hearing as
thereby called to be held, was duly and regularly
held at the regular Council meeting on v, e� , 1977, 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, and the Council further considered all objections
thereto.
Section 7: The Council further finds that a majority of the
owners of the area affected by said proposed vacation,
commuted on the basis provided in Chapter 271.080 C.R.S. 0 did
nct cb-iect thereto in writing and that owners affected thereby
did, in fact, favor the vacation of said area; and the Council
finds that said vacation will not substantially affect the market
value of any abutting property.
C,
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 be approved.
Section 5 : The 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
C)
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:
1. Department of Records and Elections
2. Department of Revenue and Taxation - Attn: Assessor
3. Department of Public Works - Attn: County Surveyor
all as required by Chapter 271.150 ORS.
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 vote of all Council members
present, after being read three times by number
and title only, this day of
1977.
City Recorder
APPROVED: By the Mayor, this day of
1977.
Mayor
ORDINANCE No. 77- B004190 M��L4'16
Page 2
180"7
EXHIBIT "A"
That portion of 50 foot wide S.W. Cook Lane in FANITASY HILL
Subdivision, in Section 3, Township 2 South, Range 1 West,
Willamette Meridian, Washingtrn County, Oregon, being more
particularily described as follows:
All of S.W. Cook Lane lying Easterly of the Easterly right-
of-way boundary line of S.W. Watkins Avenue.
Containing 6671.68 square feet,more or less.
STATE OF OREGON
Cit__ o- Tigard )
I, DORIS HARTIG, hereby certify that I am the duly
app3 ' nted, qualified, and acting Recorder of the City of Tigard,
Orecon.
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.
IN WITNESS VFHEREOF I have hereunto set my and and the
seal o_�the City of Tigard this Sr day of
197'x. 'tet
City Recoraer f
STATE OF OREGON 7
County of Washington SS
I, 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
BOOK 1190 PAH 217 and recorded in book of records
No.
of said 'County
Witness my handand seal affixed.
ROGER THOMSSEN, Director of
Aecbrds &_Elections,,
August 5, 1977
Richard G. Kluempke
13450 S.W. Watkins Avenue
Tigard, Oregon 97223
Re: S.W. Cook Vane Street Vacation
Dear Mr. Kluempke:
In processing your request for the above street vacation
the City incurred the following costs:
Deposit $100.00
;0< publishing Tigard Times $35.20
Surveyors Recording Fee 4.50
Recording Fee ���
Total Cost
Refund Due 51.30
Enclosed is our refund check and if you have any questions
regarding the above matter, please feel free to contact
Me*
Sincerely,
Doris Hartig
City Recorder
DH/pr
Enclosure
CL.-t-r rnC.
-V -r-A DC 1�(1,1 T
1 � - ---
�117 CT T 1
-,UTX11',v 110 ,. 77 -,5---1--
I Ir
.A. R F S C1"ALk.;"-1C;N CMCFftNING VACATION Or A PORT1013
OF A. 50 FOOT WI1DE- L-E-DICATY'Dr
7-7 K IC n TO--I- IN MTT, CITY OF 7TCjR-.r), WASIHNGTON COTTY, ORT"ON,
CCOK 1ANE.
the area described on the attached sheet headed 'IT-xhi bi t
d '
Aff 1 ., this reference -ade a cart hereof, is an -miised. 10 fool wide
str.,
--ct n n '/or alley dedicated to the pliblic for high,.2- 37' purpcF-es; and
A q t
-.4,S, L.-.e area described on said -Exhibit '11".1' now lies f,ithin
the Platted area of Fantasy Hill, E duly recorded subdivision of record
said County; and
area described on said exhibit a" F-o 1,, eQ xithin
tie
co-11oratc- boundaries of the City of TE-ard., C egon; and
S , said de-scribed area does rot sere a Public purpose and is
so, situated as to be of no usefulness new or in the future as part of tl",.e
-,-,jb2-, c street system cf the City; and
FAC, i t appears to be in thn public inter-est that the said
area -,e -vecazted- and restored to the tax rolls and m4n0e available to
devel -nme.nt tri' 1-,se; and .
T,
n, 'UrSUant +10 C1-12pte7 271.080 %00.0. , abutting prcp?r-.-y cm�-ners
for the initiation c-l' va-at4on nroc!7,1-GInEs. as
271 011-
by the City Cou.n�7il of Tigard,
"2 ) "That the public hearings 11- hereby Cal.lee to Vie^ lnn- ld by -t`-le
Cite Counc"ll of Tigard on 11'--ne-3y, _June 131-977, at
X;z Cr
Room Fowler t-Tr. High, ' ,hoo! 10-E-5 E . !,,,'Flnu+,
Ztreet wit' in the City of TiZE:,rd, beE--'=Ilng at 9:0C at
which gime an,"' glace the Co-,Mcil shlall hear err objections
tl-ere-'t-.o, a any interested -erson may appear and Ie 1
I:a
for Cr against; the proposed vc?catinE of said lands .
C-- 11 -
(2� "'That- the C1 Ppccrder be , Eind she is herebv n!uth.o-i�:ed �nd
directed t^ c2use to have -,,ublished in the Tigard Times , a
nei,,-s,na-oe- of zenerpl c-` rc-,AP+icn in the Cit-,- of 14,-P-d
rereh,y des Ignated for such, Ju-r-pose, a not i^e c r"?J-,d he,:,ring
in the -form he--etc attached 2nd by this -et'erence m-de Eo Tart
hereat', the first n-ubl. 4,:-ati -,n to �e made Cn +v,,, c
I - 1�4- 11th
1977 anonce --ach wc-ek tl-e-reafter v e
runlishi.-,f7s in all .
ISWI
, ne recorder be , and s-ie is hereby, furt,_—, !directed t0 o a u-s e
to }gave rested �,vithin five ( 5) days. after the date of first
J
-publication, a ccpy of said notice in the form hereto attached,
at or rear .each end of the areas) proposed to be vacated , and
in addition, the 'Recorder shall post a copy of said notice in
at least two (2) conspicuous palaces within the area(s) proposed
to be vacated, all of said postings to be acc(nplished within
the ti.-Le herein stated.
( 3) "That the particular portion of dedicated street proposed to be
vacated is described on the attached sheet headed I"Fxhibit All
and by this reference rade a part hereof. "
71-I.Sr-D by Cojj-jCil on the c, Cjla;r of 1977.
A n m7 c rn.
E'Y-LJILBIT "All
T-Lat portion of 50 foot wide Cook Lane in FANII-I'4SY HILL
Subdivisicn, in Section 3, Township 2 -Scuth, mange 1 !,vest,
C,
Willamette Meridian, !,ash-inggton County, Oregon, being more
particularily described as follows:
All of S.W. Cook lane lying Easterly of the Easterly rig'h.t-
bo-.,ndpry line of .13.1'.% Watkins Avenue.
Curtaining 6671. 68 sq,-,are feet, more or less.
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(C7570 .,j6j 7,243
- ' ' CITY OF TIGARD
P. 0. Box 23557
12420 S. W. Main
Tigard, Oregon 97223
May 26, 1977
Richard G. Kluempke
13450 S.W. Watkins Ave.
Tigard, Oregon 97223
Dear Mr. Kluempke: Re: Vacation of portion of S.W. Cook Lane
Please disregard previous letter dated May 25, 1977 regarding vacation of
a portion of S.W. Watkins Place.
This letter is to advise you that the Tigard City Council, at their
regular meeting of May 9, 1977, set a public hearing regarding the
above request for 8:00 P.M. on June 13, 1977 at Fowler Junior High
,$chool Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon.
If you have any questions regarding the hearing, please feel free to
contact the Planning Department.
Sincerely,
Doris Hartig
City Recorder
DH:ao
cc: Everett Spencer
NOTE: The following acknowledgment must be received by the City of
Tigard before the date of the above mentioned public hearing.
Failure to do so may result in action by the City of Tigard.
I hereby acknowledge this letter documenting the date of public hearing
as set by the Tigard City Council. I have received and read this letter.
1 J �
Signa ture
Date
May 26, 1977
Richard G. Kluampke
13450 S.W. Watkins Ave.
Tigardo Oregon 97223
Dear Mr. Kluempket Re: Vacation of portion of S.W. Cook Lane
Please disregard previous letter dated May 25, 1977 regarding vacation of
a portion of S.W. Watkins Place.
This letter is to advise you that the Tigard City Councilv at their
regular meeting of May 9, 1977# set a public hearing regarding the
above request for 8t00 P.M. on June 13, 1977 at Fowler Junior High
School Lacture Room, 10865 S.W. Walnut Street, Tigard, Oregon.
If you have any questions regarding the hearing, please feel free to
contact the Planning Department.
Sincerely,
Doris Hartig '7
City Recorder
DHsao
ccs Everett Spencer
NOTEs The following acknowledgment must be received by the City of
Tigard before the date of the above mentioned public hearing.
Failure to do so way result in action by the City of Tigard.
I hereby acknowledge this letter documenting the date of public hearing
as set by the Tigard City Council. I have received and read this letter.
signatu ro
44, �77
Date
Maty 13, 1977
WO end Urs, R14Mer4 Klin
134SO S.W. Watki ms
Tigard# Oregon 97223
Rae B.W. Cook Low
Str*Ot Vacation
Wo snd We Klompkes
PleMass be advi"d that the Tigard City Council, at its ToS44V meting
of May 9, 19770 sot a alis bearing regarding tho abate► r*wmt for
Mo P.M. *a Jmw 1$„ 1977 at Wavle:sr Jw10 r "14b gcbool 144e:talm ROM*
10863 S.W. Wslavt 3tr"t, Tigard, Orogoa.
it you bavo any gviestio" regurdift tbae bearing, please i'aee►1 tv" to
contact 100
$i atalyo
Doris Ha rttg
City A11*rdaer
Dxlfs
+:a s Mr. and Mrs* 7 r*tt Spencer
13370 S.W. Watkins
Tigard, Oregon 91223
$35.20
AFFIDAVIT OUBIICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, ss. t{
1, -- JosepYle-
-8e�ia-� r---------------
---... .-- ---------- ---- -
being first duly sworn, depose and say that 1 am the publisher .._ ---------------__.___..
of The Tigard Times, a newspaper of general circulation, as defined
by ORS 193.010 and 193.420, published at Tigard, in the aforesaid county and
�i
state; that the legal notice, a printed copy of which is hereto annexed, was
CJ t r
published in the entire issue of said newspaper for .____._ __...__. ____._ successive and
consecutive weeks in the following issues _.._.._ ..----- _.. _.
May 11, 18 & 25 and June 1 & 8, 1977
i
-------------
Subscribed
------Subscribed and sworn to before me this ------- .h___..__..------------ day of ___..___--
F
June -- 19----
-----------
9--- .. fir.
GZ
Notary lic of Oregon
My commission expires 5.
-----
fill
AFFIDAVIT OF POSTING
In the Matter of the Proposed
COOK LANE VACATION
STATE OF OREGON )
County of Washington) ss.
City of Tigard )
I, Leonard Cook 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 Cook Lane Vacation
a copy of said notice being
hereto attached and be reference made a part hereof, on the 25 day of
May , 19 77 .
1. Posted on a 2" X 2" X 4' wood lathe, placed in the ground, on the East side of
S.W. Watkins Ave. , near the center of the proposed vacation area.
2. Posted on a 2" X 2" X 4' wood lathe, placed in the ground, along the East
boundary, near the center of the proposed vacation area.
Subscribed and sworn to before m this `R day of ,
Notary Public for Oron /
Affidavit of Posting My Commission Expir / q
CITY OF TIGARD
TICE OF STREET VACATION
NOTICE OF PUB1IC 1EARING
01: PROPCSFE VACATION OF A PORTION OF S.W. COOK LANE, -A 50 FOOT WIDE
PUBLIC RIGHT-OF-11"AY) IN THE CITY OF TIGARD, -WASHINGTON COUNTY, -OREGON.
Pursuant to resolution of the City Council of Tigard adopted
CD
May 9th 1977 under authority of Chapter 271.130 Oregon Revised
Statutes, a public hearing will be held by the Council of Tigard at
e:00 P.M. on Monday, ' ii
Jnsn, 1 *1 , 1977 at the Lecture Room, Fowler
Junior High School, 10865 S.W. Walnut Street, Tigard, Oregon, with
respect to thep roposed vacation of the following described portion
of S.111-. Cock Lane, an unused 50 foot wide public right-of-way in the
City of Tigard , Washington County, Oregon.
Exhibit "All
That portion of 50 foot wide S.W. Cook Lane in FANTASY HILL
Subdivision, in lection 3, Township 2 South, Range 1 West,
!-,i2lamette Meridian, '-.'ashington County, Oregon, being more
C, y
particularily described as follows:
All of S.W. Cook Lane lying Easterly of the Easterly right-of-
way boundary line of S.W. Watkins Avenue.
Containinr, 6671.68 square feet, more or less.
CD
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 i%,ill be heard and considered, and any person 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 9th day of May 1977.
DORIS F-k-RTIC, City Recorder
'8 Y
.q
March 17, 1977
Tigard City Council
Tigard, Oregon
We, the undersigned property owners, petition that the Tigard City Council
consider street vacation proceeding on the following described area. This
area is the S.W. Cook Lane stub on the east side of S.W. Watkins Street
(see red area on enclosed map) . The present condition of this stub is a
grass area, maintained by the abutting property owners and also used by
them for barkdust piles, RV parking, etc. The C.F. Tigard school children
walk through this area on their way to and from school .
When this residential sub-division was laid out, this street was stubbed
out for future development for multi-family and commercial use. Tigard
City Council has since changed the designated use of this vacant parcel to
commercial . Since this change has taken place, we feel that it is no
longer necessary to extend this residential street into a commercial area.
This commercial area should be serviced from Pacific Highway.
If the City Council deems it necessary for a pedestrian access to this
area, we would accept this.
Because of these reasons and land use changes, we request that the City
Council approve this street vacation.
(7 , dt K1 u pke I�; ".v�re+t . `�xrencer
. . ug
Rosemary E. Kluempke erne C. "'•�e icer
jo Laws, Not,ry '.Public
Term expires 4/9/79
flarch 17, 1977
Tigard City Council
Tigard, Oregon
We, the undersigned property owners, petition that the Tigard City Council
consider street vacation proceeding on the following described area. This
area is the S.W. Cook Lane stub on the east side of S.W. Watkins Street
(see red area on enclosed map). The present condition of this stub is a
grass area, maintained by the abutting property owners and also used by
them for barkdust piles, RV parking, etc. The C.F. Tigard school children
walk through this area on their way to and from school .
When this residential sub-division was laid out, this street was stubbed
out for future development for multi-family and commercial use. Tigard
City Council has since changed the designated use of this vacant parcel to
conziercial . Since this change has taken place, we febl that it is no
longer necessary to extend this residential street into a commercial area.
This commercial area should be serviced from Pacific Highway.
If the City Council deems it necessary for a pedestrian access to this
area, we would accept this.
Because of these reasons and land use changes, we request that the City
Council approve this street vacation.
Richard G. Kluempke H,verett 7.. Snerce-r7
Rosemary E. Kluempke '%nne 0. Spencer
Jq, ,"n laws, Mota,ry �=ic
Term expires 4/9/79
Anne C. Spencer Did appear before me,
Faye Sundt, Notary Pifblic
Term Expires 11-6-78