92-019149 ~ Coral Street 92019149
Washington County
Y
CITY OF TIGARD, OREGON
ORDINANCE NO. 92 - Oq
AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WAY LOCATED ON A
PORTION OF SW CORAL STREET, IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON and d_,p Clc-,I"In
WHEREAS, the Tigard City Council initiated this vacation request '!:�4
pursuant to Section 15.08.040 of the Tigard Municipal Code on y
January 14, 1992; and
WHEREAS, This portion of SW Coral Street is a dedicated public
right-of-way, giving the public rights over the land for street and
utility improvements; and
WHEREAS, the purpose for this vacation is to vacate an unimproved
portion of SW Coral Street that is no longer needed because access
is available to all abutting properties; and
WHEREAS, the vestee of this property, Progress Graphics, Inc.
supports this vacation; and
WHEREAS, the vacation has been initiated by the City Council and
has been recommended by the Community Development Department; and
WHEREAS, the City of Tigard (Grantor) has granted a revocable
easement which conveys to Progress Graphics, Inc. (Grantee) the
right, privilege, and authority of Grantee to construct and install
improvements approved in City of Tigard Community Development file
No. SDR 91-0011 along the full width and length of the area of this
vacation; and
WHEREAS, Columbia Cable has requested that the City retain a
utility easement within the area to be vacated; and
WHEREAS, all affected service providers, including utility
companies and emergency services, have reviewed the vacation
proposal and have 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 TMC 15.08.040, the Recorder posted
notice in the area to be vacated and published notice of the public
hearing; the owners of the majority of the area affected have not
objected ; n writing; and
"she.=��Council having considered the request on March 24,
t1.9 4:9 f't d: that it is in the public interest to approve the
nh
bRDINANC ,NO., 92-Ocl
,t. Page :.,1:
RETURN RECORDED DOCUMENT TO:
NA4 True Copy of
CITY RECORDER, TIGARD
BOX
Orifi° =oEr r <+rd. :a- C((,)-�"�`1 TI3�
TIGARD OR 97223
Bin r;�
City Recorder-City Tigar —
Date:
�1111�
request to vacate that certain portion of public street right-of-
way for SW Coral Street because the public interest will not be
prejudiced by the vacation as provided by ORS 271.120 and TMC
Section 15.08.130
NOW THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby orders the vacation
of that certain portion of public street right-of-
way, as described on the attached Exhibit A
(vicinity map) , Exhibit B (revocable easement) ,
Exhibits C (legal) and D (map of area to be
vacated) and by this reference made part hereof.
SECTION 2: The Tigard City Council further orders that the
vacation be subject to the following conditions:
1) A utility easement be granted for the entire
portion of the vacated area except that
portion which is within the footprint of the
existing building.
2) The revokable easement, which was granted by
the City shall be extinguished simultaneously
with the recording of this street vacation.
SECTION 3:
Came �c� eafter its enaet-ment by 4
until the- 4
� and �'
after a
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certified copy of this ordinance has bee..
3/ate /qa
Survefeer..Ci
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PASSED: Byvote of the Council members
present after being read by number and title only,
this 24th day of March, 1992.
Catherine Wheatley, City ecorder
APPROVED: This x 1 day of__ / a_A1f , 1992.
R. , r
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ORDINANCE NO. 92-Q'1
Page 2
Approved as to form:
City At rney
Date
rp\coral.ord
ORDINANCE NO. 92-
Page 3
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EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the City of Tigard, a
municipal corporation ("Grantor") in consideration of the sum of
$1. 00 and other property or value given which is part of the
consideration, conveys to Progress Graphics, Inc. , an Oregon
corporation ("Grantee") a perpetual easement over and along the
full width and length of the premises described as follows, to wit:
1. Legal description is set forth in Exhibit "A" attached
hereto, and incorporated by reference herein; and
2. A map of the above legal description is set forth in
Exhibit "B" and incorporated by reference herein.
The terms, covenants, and conditions of the easement are as
follows:
1. The easement shall be for the right, privilege, and authority,
of Grantee to construct and install improvements approved in City
of Tigard Community Development file No. SDR 91-0011.
2 . In the event the easement is not used by Grantee for a period
of three (3) years or is abandoned by Grantee, then it shall revert
back to the Grantor, its successors and/or assigns, and Grantee
shall upon request execute a recordable document evidencing such
reversion.
3 . Grantee shall defend, indemnify and hold harmless Grantor, its
successors and/or assigns, from loss, claims or liability of any
nature, including injury to person or property, arising in any
manner out of use of the easement by Grantee, its agents, employees
or subcontractors. Grantee assumes all risk arising out of its use
of the easement and Grantor shall have no liability to Grantee or
others from any condition existing thereon.
4 . Grantee, upon the initial installation, and upon each and
every occasion that the same be repaired, replaced, renewed, added
to, or removed, shall restore the premises of the Grantor, and any
improvements disturbed by Grantee, to as good condition as they
were prior to any such work, including, but not limited to, the
restoration of any topsoil, lawn, and nursery stock of like kind
and quality, subject to reasonable substitution as may be
necessitated by obstruction or interference with the use granted
herein. Grantee further agrees to maintain the easement at its
expense.
1 - EASEMENT
5
,FX1118/7- 81
it
5. This easement is revocable by Grantor upon written notice
delivered to Grantee at the following address:
Progress Graphics, Inc.
c/o Robert F. Blackmore
Dunn, Carney, Allen, Higgins & Tongue
851 S.W. Sixth Avenue
Portland, Oregon 97204
6. Within 180 days after the date of written notice of
revocation, the Grantee shall remove all improvements within the
premises described in Exhibit "A, " and restore the premises to its
original condition subject to satisfaction of Grantor.
7. This easement is granted subject to all prior easements or
encumbrances of record.
8. Grantee acknowledges that any improvements made in this
easement are made at Grantee' s risk and removal of said
improvements shall be at Grantee's cost.
9. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES.
IN WITNESS WHEREOF, the undersigned Grantor has executed this
easement, this ��1 .� day of 1 z� � 1992 .
J
CITY OF TIGARD, a municipal
corporation
Grantor-4cvL
2 - EASEMENT t^
V
STATE OF OREGON )
) ss.
County of
i
On this = t- day of L-� + �-tri % , 1992 , before me, a
notary public in-and for said Co my and Sti e, personally appeared
known to me to be the person whose
name subscribed to the ithin instrument and acknowledge that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
on the day and year above written.
Y PUBLIC OF OREGON
NOTARIAL SEAL J /1�
) My Commission expires: 1�
C:�T11-;';; .:.
APP�OVED AS TO FORM THIS - NOTP„�YPuwLIC-02EGON
DAY OF F�� , 1992 . COMWSSION
06()60
M1r COItMMWNE.XPIRFS IAAY0.11 995
Timbthy V. Ramis, City Attorney
City of Tigard, Oregon
APPROVED AS TO LEGAL DESCRIPTION
THIS 7A DAY OF 1992
City Engineer
City of Tigard, Oregon
ESTED TO:
City ecorder Date:
AFTER RECORDING, RETURN TO:
Progress Graphics, Inc.
c/o Robert F. Blackmore
Dunn, Carney, Allen, Higgins & Tongue
851 S.W. Sixth Avenue, Suite 1500
Portland, Oregon 97204
3 - EASEMENT
0-7
Ex�;6.t $3
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EXHIBIT "A"
A 5 foot strip along the north line of Lot 6 , Block C , LEHMAN
ACRE TRACTS , in the City of Tigard, County of Washington, State
of Oregon, described as follows : beginning at a point which is
the northwest corner of said lot; thence northerly a distance of
5 feet to a point ; thence easterly and parallel with the north
line of said lot to a point which is 5 feet north of an extension
of the east lot line of said lot; thence southerly a distance of
5 feet to a point which is the northeast corner of said lot;
thence westerly along the north lot line of said lot to the point
of beginning .
1
Exti;6r r 8- Y
. SKETCH SHOWING
:I
U^I LD I NG ENCROACaVIENT • -$ • - -mss`
AAA ASSOCI TES I C.
ENGINEE�S
SURVEYOR
4230 N.E. FREMONT ST.
!I PORTLAND OREGON 97213
PHONE: C -503 ) 284-5896
t
RESOLVED: R.M.
REGISTERED DRAWN: R.T.
PROFESSIONAL Flo» NO. 91-24G
F.
LAND SURVEYOR
Ln0
w OREGON
JULY 18.1980
{ < DAVID W. MILLS
Z1 � 01915
r
NOTE:
DASED ON CS-11417
NO L I AD I L I TY TAKEN FOR
ACGURACT OF SAID SURVET.
Q
SW CORAL ST .
w
/w
<7777777- S,10EWALK:a e-..y.-':�_-.� _a ,-.4: g• ;� •�.-• d•5.5"`
- _
5' PROPOSED 5' EASEMENT —4.5'
2.5'
TAX LOT 4501
MAP IS 1 2G DG BUILDING
(PROGRESS GRAPH ICs )
-1
Fxti:6.7- B-S
EXHIBIT "C"
LEGAL DESCRIPTION OF AREA TO BE VACATED
A 5 foot strip along the north line of Lot 6, Block C, LEHMAN ACRE
TRACTS, in the City of Tigard, County of Washington, State of
Oregon, described as follows: beginning at a point which is the
northwest corner of said lot; thence northerly a distance of 5 feet
to a point; thence easterly and parallel with the north line of
said lot to a point which is 5 feet north of an extension of the
east lot line of said lot; thence southerly a distance of 5 feet to
a point which is the northeast corner of said lot; thence westerly
along the north lot line of said lot to the point of beginning.
RETAINING FOR PUBLIC UTILITY EASEMENT PURPOSE; the above described
tract excepting therefrom that area within the footprint of the
existing building.
f
LOT 6, BLOCK "C" LEHMAN ACRE TRACTS
NW 1 /4 SE 1 /4 SECTION 35 T1 S, R1 W, W. M.
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
SCALE 1"=,30'
J
so' S. W CORAL ST.
c NEW PROPOSED R/W LINE
R
Y OIV
''i �: :.•:'' WALK"
PROPOSED 5' VACATION
5' EXISTING R/W LINE
2.5'
BUILDING
(PROGRESS GRAPHICS)
STATE OF OREGON
County of Washington SS
I,Jerry R.Hai - r r of Assessment ( '
and Taxatiokorr
i order of Con-
veyances f 'c tib,, by certify
that the ttas4Y�t lqi iting was
received 4 ? �f.. ords of FXHlB 1 T h
said c0f
a mi': for of
aon, Ex-
r�rfi�,i,� nuafir IarCf