Loading...
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 b, certified copy of this ordinance has bee.. 3/ate /qa Survefeer..Ci GL 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 + ORDINANCE NO. 92-Q'1 Page 2 Approved as to form: City At rney Date rp\coral.ord ORDINANCE NO. 92- Page 3 3 it \ I 1 n (I 1 I 1 J Ij 14 r 1 _� d I r FU��1� I I I I I I �, 4, t cn I" ccs CV \ U-)l i rk- ._.-- 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 $3 J EXHIBIT "A" A 5 foot strip along the north line of Lot 6 , Block C , LEHMAN ACRE TRACTS , in the City of Tigard, County of Washington, State of Oregon, described as follows : beginning at a point which is the northwest corner of said lot; thence northerly a distance of 5 feet to a point ; thence easterly and parallel with the north line of said lot to a point which is 5 feet north of an extension of the east lot line of said lot; thence southerly a distance of 5 feet to a point which is the northeast corner of said lot; thence westerly along the north lot line of said lot to the point of beginning . 1 Exti;6r r 8- Y . SKETCH SHOWING :I U^I LD I NG ENCROACaVIENT • -$ • - -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