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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. J �11'Axli� e C C 6e ilk, t) .2 0 'dcu 4" -S c4 Y-o );,7 f IV/1 X eL i i 017 e7y� ' n��L;..t�f ',✓�. '� eJ '�t'�i C 1 4. -4 5711 , 7 1 , 172 2 j' .� �7 Z Z 3 (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