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89-13672 ~ Dorburn Place ~ Hall Boulevard ~ 81st Avenue 89- 13672 Washington County ' CITY OF TIGARD, OREGON ORDINANCE N0. 89.... 0� `` g« >' f �! AN ORDINANCE VACATING A PUBLIC: ACCESS EASEMENT,, ALSO KNOWN AS SW DORBURN PLACE, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. , IN THE: CITY OF TIGARD,, WASHING;I"CMI COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request; pursuant to Section 15.08.040 of the _Tigard Municipal Code; and WHEREAS, the reason aril purpose for this vacation is to eli.min<:at,e a certain public access easement for development purposes; and WHEREAS, all abutting property owners have demonstrated support for the proposed vacation; and WHEREAS, the vacation is recommended by the Planning CormpAsion and the Department of Community Development; and WHEREAS, all affected service providers including utility companies and emergency services have reviewed the vacation proposal and only General Telephone Co. is requesting spacial considerations as reflected in the approval conditions below; and WHEREAS, in accordance with ORS 271 . 100, the `AC; Section 15.08. 110, the Council fixed a gime and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; 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, the Courwil having held a hearing on February 13, 1489, finds the public interest will not be prejudiced by the vacation as provided by ORS 271 . 120 and TMC Section 15.08. 130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate the public access easement, also known as SW Dorburn Place because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1 . The applicant of the vacation shall provide the Engineering Division with written notice and/or assurances from General Telephone Co. that all of- their affected services will be relocated as required. O 2C'/'The vacation shall not be effective until the effective date of this ..1.. orainance, and a certified copy of this ordinance has been recorded with th,''e Washington County Clerk, Assessor, and Surveyor. � u RETURN RECORDED DOCUMENT TO: dAbIWANCE NO. 89-D--AL CITY RECORDER, TIGARD Page 1 P 0 BOX 23397 j TIGARD OR 97223 ' AHE CITY OF TICARD ORDAINS AS FOLLOWS: ' Section l : The Tigard City Council hereby orders the vacation of that certain public access easement' also known as SW Dor6urn Place' and shown on the attached Exhibit "8"' and by this reference made part hereof. Section 2 : The Tigard City Council further orders that the vacation be subject Co the following conditions: - 1 . The applicant of the vacation shall provide the Engineering Division with written notice and/or assurances from General Telephone Co. that all of their affected services will be relocated as required . 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. Section 3 : In no situation shall this ordinance be effective until the 31st Jay after its enactment by the City Council and approval by the Mayor. PASSED: By / )/l/1 /7l0till vote of all Council members present after +z being read by number and title only, this day of , 1989. ^ Catherine Wheatley, Deputy Rhorder vL APPROVED: This day of proved *L�i 7Gerald Edw-- ds, Mayor as to form: ttQ ley Date ~J ORDINANCE NO. 89- 041 Page 2 ��_ KBIT "A" A tract of land located in the southwest quarter of Section 12, Township 2 South, Rare 1 West, Wi_ L-mette Meridian, City of Tigard, Washington County, Orem being described as follows: Beginning at the southwest corner of said Section 12; thence North 00'03130" Fast on the west lime of said Section 12, 1196.2 feet; thence �North 89 56' Fast, 359.0 feet to the northwest corner of that park.cal described in Hook 514, Page 82 Washi.ngt cn County Deed Records, and the TRUE POINT OF BEGINNUG; thence North 890 56' East, on the north line of said described past, and its easterly extension, 402.95 feet to the northeast corner of a 25 foot strip of land rese d.for Load p nurses and described in Book 705, Paye 376, Washington C=rty Deed Records; thence South 00030130- West 25.0 feet; thence South 89° 56' West, 403.19 feet to the west line of that parcel described in said Book 514, Page 82, Washington County Deed Records; thence North 01" 03130" Fast, on said west. line, 25.0 feet to the TRUE POINT OF BUGIUM G, containing approrx mately 0.231 acres. REGISTERI»i) pROFESSIONA . LAND SURVEYOR onc- 0a .tAXVARY/S.I"? JC)N T. s=EIGION #2252 12 IN THE SW 1/4 SECTION 12 T2S,R1W, M• I 1.300 I 1111 11'" i Ate t 1 2.74 Ac 18.9$ AC t � t.ANE t t t a h I � I t- ! I t2oa ( I .!3 Ac ! I ! Area Described in Exhibit "A" SW ASHFORD STRM (Dorburn PI - tt 1400 ( ! .3?Ac ! t 400 500 Opp 300 200 1 ui A` f zsAc X 0 Ac 3.6zAC- 3.97A4 t t- !------------ c - 1 � 135'Ar40 ! V to $04 10001.13 Ac CHURCHILL WAY t > yt �c 1 100 1 2.39 Ac t Co i sw BOND S7RCEJ 1200 1400 1500 1700 .86 Ac 1.3441.02 Ac 1.34 At :> u c`o -N- J3ao .73 Ar- .32AC 3 vi ROAD 1„_200'S.W pURHAM STATE OF OREGON County of Washington SS 1,Donald W.Mason,Director of Assessment and Taxation and Ex-,Qfiipio Recorder of Con- veyances for '4';," by certify that the within i urt' r'�6vijiPigrs received and record napook ofT std county. .,Qkr,,BctOr, Of (NOTE: PUBLIC ; -2INGS TO BE SCHEDULED FOR 1st C' .d MEETINGS ONLY) CITY RECORDER TIMELINE - EASEMENT/STREET VACATIONS Date f �- Consent Agenda - Resolution No. + __ __ �oia -8ransng' { err} ri-trm cel letter .-b _- to affected property owners. -A (f I-AR O /-/0-87 Letters to Utility Companies with specific reply date. e, I—Ai 't10 mem—anoticendilofm ublic�hearin �_,, arn&�-req °mg posting of O _ p hearing (5 days after 1st date of publication) Deliver ad to newspaper (5 consecutive publications) t-e?' r _ 1st Publication /- � Planning Commission Review 2'1 Responses back from utility companies - Z-Z-- - Packet ready for Ordinance for consideration Z-13-9`) Public Hearing - Ordinance Post Ordinance Send Ordinance to Washington County for recording. ^T > _116� (-,-. TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an W 0 REGULAR REETING AGENDA agenda item needs to sign on the appropriate co E-A BUSINESS AGENDA - CATV sign-up sheet(s). If no sheet is available, v) FEBRUARY 13, 1989, 6:30 P.M. ask to be recognized by the Chair at the start W F-4 TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are Z E-1 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters " U) E-i f4 TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. 6:30 0 STUDY SESSION: EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. TITLE 18 - TIGARD MUNICIPAL CODE REVIEW - PRESENTATION AND DISTRIBUTION OF MATERIAL FOR COUNCIL REVIEW 0 Community Development Staff 7:30 1. BUSINESS MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 7:35 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) 7:40 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: January 16, 23 and 30, 1989 3.2 Receive and File: Council Meeting Calendar Update 3.3 Initiate Swanson's Glen Utility Easement Vacation - Res. # 89- 3.4 Initiate Tech Center Business Park Easement Vacation-Res. 1 89- 3.5 Approve Policy Statement-Single Owner LID Formatioa-Res. 189- 3.6 Approval to the Amendment of a Previous Agreement with Oregon Department of Transportation - Beaverton-Tualatin Highway at McDonald - Resolution No. 89- 3.7 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): Street Design CoasulCants Adjourn LCRB Meeting; Reconvene Council Meeting 7:45 4. PUBLIC HEARING - S.W. 79th AVENUE STREET LIGHTING LID To consider written objections to the individual proposed final assessments on properties. • Public Hearing Opened • Declarations Or Challenges • Summation By Community Development Staff • Public Testimony: Proponents, Opponents, Cross Examination • Recommendation By Community Development Staff • Council Questions Or Comments • Public Hearing Closed • Consideration By Council - Ordinance No. 89- 8:00 5. PUBLIC HEARING - TEMPORARY STREET CLOSURE - S.W. NORTH DAKOTA To consider the temporary closure of S.W. North Dakota Street at the north boundary of Anton Park Subdivision. The location of the proposed closure is north of Tony Court and south of Springwood Drive. • Public Hearing Opened • Declarations Or Challenges • Summation By Community Development Staff • Public Testimony: Proponents, Opponents,-Cross Examination • Recommendation By Community Development Staff • Council Questions Or Comments • Public Hearing Closed • Consideration By Council: Motion for Final Order COUNCIL AGENDA - FEBRUARY 13, 1989 - PAGE I 9:00 6. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 88-18 HELM - NPO 03 Request to annex approximately 5.10 acres into the City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5 (Residential 4.5 units/acre). Location: 11575 S.W. Beef Bend Road (WCTM 2S1 10 BD TL 1700, TL 1900 and a portion of TL 1800). o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments a Public Hearing Closed a Consideration By Council: Res. No. 89- & Ordinance No. 89- 9:15 7. PUBLIC HEARING - PUBLIC ACCESS EASEMENT VACATION - S.W. 81ST AVENUE Consideration of a proposed vacation of an unimproved public access easement also known as a portion of S.W. 81st Avenue in the City of Tigard. The request was initiated by City Council on Januiry 9, 1989, at the request of Waverly Construction. o Public Hearing Opened o Declarations Or Challenges a Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff a Council Questions Or Comments 0 Public Hearing Closed o Consideration By Council: Ordinance No. 89- 9:30 8. PUBLIC HEARING - PUBLIC ACCESS EASEMENT VACATION - S.W. DORBURN PLACE Consideration of a proposed vacation of an unimproved public access easement also known as S.W. Dorburn Place, in the City of Tigard. The request was initiated by City Council on January 9, 1989, at the request of Titan Properties, Inc. o Public Hearing Opened o Declarations Or Challenges a Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Ordinance No. 89- 9:45 9. CONSIDERATION OF CREATION OF CITY CENTER DEVELOPMENT AGENCY (CCDA) - ORDINANCE NO. 89- 0 Community Development Staff 10:00 10. NON-AGENDA ITEMS: From Council and Staff 10:05 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 10:15 12. ADJOURNMENT cw/8971D COUNCIL AGENDA - FEBRUARY 13, 1989 - PAGE 2 i V CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 13,1989 DATE SUBMITTED: February 6,1989 ISSUE/AGENDA TITLE: Public Hearings: P VIOUS ACTION: Council initated Vacation of public access easements- vacation on 1-9-89• Res.89-02&89-03 SW 81st ave. and SW Dorburn Place__.,,/ ,' PREPARED BY: Development Services DEPT. HEAD OK CITY ADMIN OK REQUESTED BY;Titan Prop. and Waverly Const. POLICY ISSUE Should the City vacate public easements if said vacations provide for development? ----------------------------------------------------------------------------- INFORMATION SUMMARY Waverly Construction is requesting the City to vacate a public access easement known as SW 81st Ave. and Titan Properties is making an identical request for an access easement known as SW Dorburn Place which is a just few hundred feet away. Both vcations will allow Titan and Waverly to develop adjoining properties as originally approved( see attached memo) . ALTERNATIVES CONSIDERED The developers and City staff explored other subdivision designs that would have retained the easements but none were acceptable. ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- FISCAL IMPACT There are no direct finanical impacts, however, vacating both easements would allow the properties to develop which in turn would add significantly to the City's assessed value. ------------------------------------------------------------------------------ SUGGESTED ACTION Staff recommends that Council approve both vacations and pass both Ordinances as presented. /br MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator DATE: February 4, 1989 FROM: Ed Murphy, Community Development Directov- SUBJECT: Staff report for proposed 81st Avenue and Dorburn Place public access easement vacations I. OVERVIEW A. Summary. On January 9, 1989 the City Council initiated vacation proceedings for the above stated public access easements at the request of Waverly Construction and Titan Properties. Both development corporations have recently received conditional approval to develop subdivisions on property in which the easements are located. B. Policy Implications. Should the City vacate public ways to provide for development if the publics interest is not prejudiced? Traditionally, Council has supported vacations which provide for development if the publics interest is adequately addressed in terms of compliance with land use requirements and access to public facilities. Both the Tigard Municipal Code (TMC) and Oregon Revised Statutes (ORS) lay out the procedure and criteria by which vacations can be accomplished. C. Financial Implications. There are no direct financial impacts, however, vacating both easements would allow the properties to be developed which in turn would add significantly to the City's assessed value. D. Recommendation. Staff recommends that Council approve the proposed vacations by passing the attached ordinances. Approval of the vacations would not prejudice the publics interest and provide for development to occur in a manner that would benefit the area. Ii. ANALYSIS A. Background. Last fall Waverly Construction and Titan Properties received preliminary approval to plat over 150 subdivision lots on properties that adjoin these portions of S.W. 81st Avenue and Dorburn Place. The majority of these public access easements are unimproved and serve little purpose, especially S.W. 81st Avenue. What little access function they do serve will be replaced by new public streets within the proposed developments. At the time of Waverly's and Titan's approval, there were questions whether these easements were public or private. After some assistance from Washington County, where the easements were originally created, it was determined they were private. Therefore eliminating them would be a matter for adjoining property owners to resolve. However, after further investigation by the developers title insurance company and the City Attorney, it was determined that the public may indeed have interest in the easements. To remove any doubt, Waverly and Titan requested we vacate them. Their request was also supported by all adjoining property owners. As required by the TMC, staff has solicited input from all affected service agencies, obtained a recommendation from the Planning Commission, and evaluated the impact on the City's capital improvement, transportation, and comprehensive plans. Responses from the affected service agencies were positive and none had objections to the proposals. General Telephone company desired special wording in the ordinance that would assure them that their facilities would be relocated when the property is developed. This wording is contained in the ordinance. The Planning Commission considered the proposal at their January 24, 1989 meeting and recommended approval. Also, by removing these easements, there is no negative impact to the City's comprehensive, transportation, or capital improvements programs. B. Alternatives Considered. Staff and the developer considered alternative subdivision layouts that would have located public streets over the easements but none would have relieved the need to vacate all or a portion of them. III. CONCLUSION Vacation of both the Doburn Place and 81st Avenue public access easements would benefit the immediate area by allowing both subdivisions to go ahead as approved. The publics' interest is not prejudiced and access and public facilities will be maintained and likely upgraded as a result of these vacations. /bkm VICINITY MAP] - s8,4c I I IN THE SW 1/4 SECTION 12 T2S, RIW, W.M. 1300 z-79 Ac /5.98 A LANE V) z 1200 w > ?13 A c (n 00 Proposed Easement Vacations S.W. ASHFORD STREET 1400 (SW DORBURN PLACE) 400 Soo 400 300 200 14.1 I-z3 A-- Z 94 Ac- 3.LzAc 3.17Ac. I Z) z Q 700 13SAr- Iy eoo 1000 .84 Ac- 1-13 A— -W CHURCHILL WAY 1100 2.39 Ac- co BOND 1200 1400 1500 1700 SW •86 Ac 1.344r- 1.o2 Ac. /.344c 0 3: .73 Ac 1600 -32)lc DURHAM ROAD 1"=2W' ` CITY OF TIGARD' OREGON O� ORDINANCE NO. 89— AN ORDINANCE VACATING AN UNIMPROVED PUBLIC ACCESS EASEMENT' At-SO KNOWN HS A PORTION OF SW 81ST AVENUE, LOCATED IN THE SOUTHWEST QUARTER OF SECTI0N 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST' W.M. ' IN THE CITY OF TIGARD' WASHINGTON COUNTY, OREGON. WHEREAS' the Tigar6 City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS' the reason and purpose for this vacation is Co eliminate certain public access easements for development purposes; and . WHEREAS' all adjoining properties are provided direct access to public streets without the above—described access easement; and WHEREAS, the vacation is recommended by the Planning Commioyino and the Department of Community Development; and WHEREAS' all affected service providers including utility companies and emergency services have reviewed the vacation proposal and have no objection thereto; and WHEREAS, in accordance with ORS 271 . 180, the TMC Suction 15.08. 110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; 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, the Council having field a hearing on February 13, 1989' finds the public interest will not he prejudiced by the vacation as provided by ORS 271 . 120 and TMC Section 15.08. 130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate said public access easement, also known as SW 81st Avenue because the public interest will not be prejudiced; and WHEREAS' the C*unril finds that the following conditions are necessary to vacate said land: 1 . The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1 : The Tigard City council hereby orders the vacation of that unimproved public access easement, also known an SW 81ut Avenue, as described and shown on the attached Exhibit "A"' and by this reference made part hereof. ORDINANCE NO, 89— ___ Page 1 ` Suction 2: The Tigard City Council further orders that the vacation be subject to the following conditions: l . The vacation shall not be effective until the effective date of this ordinance, and a certified ouAy of this ordinance has been recorded with the Washington County Clerk' Assessor, and Surveyor. Section 3 : In no situation shall this Ordinance be effective until 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 road by number and title only, this day of ^ 1y8g. Catherine W�eatley, Deputy Recorder APPROVED: This --- day of Gerald Edwards, Mayor Approved as to form/ City Attorney Date oj/8Q42D ORDINANCE NO. 89— Page 2 KBIT "A" A forty foot wide strip of land located in the southwest quarter of Section 12, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, gibed in Hook 240, Page 651, said county Deed Records and more particularly described as follows: Beginning at the southwest comer of said Section 12; thence North, on the west line thereof, 1196.3 feet to the southwest coax of that parcel conveyed to Anton, Mary, and Genvi,ev+e Sattler, in Book 259, Page 549, said county Deed Records; thence North 89*56, East on the south line of said Sattler parcel 955.3 feet to the TRM POINT OF BEGINNING; the North, parallel with the west Lim of said Section 12, approximately 793 feet to the north Line of said Sattler paroel; , theme Fast, on said ,nor t 1i line, 40 feet; theme South, paralell with said west section line, afrpronately 793 feet, to the south line of said Sattler parcel; thence South 89°56' Wast, on said southline, 40 feet to the TRM POINT OF BEGINNING, containing' apprr dmately 0.728 acres. REGISTERED PROFESSIONAL. t.AtND SURVEYOR OREGON .Wi+umw 161.rw JON T.MGM k2252 Ic IN THE 'TION 12 T2S, RIW,W.M. V 1300 2-71 Ac. 1$.96 Ac - LAME - TF 1200 .?3 Ac VAl Area Described in Exhibit "A" t A' ASH(SW, 81 st Avenue) SX FORD STREET PA 1400 -3tAt VA ."Ac. Soo L23 At 400 300 200 I Uj 194 Ac 3-A2Ae. 3.17Ae- 13SAc 1000 .84 Ac. 1.13 Ac. -W. CHURCHILL WAY 1100 2-"Ac. BOND iRQ:TlrXw 1200 1400 154DO 1700 1- -FM -01.Ar- t34Ar- j.oz At. 34 Ac 0 1300 .73 Ac1600 h - .32Ac Vf S.W. DURHAM ROAD I"=200' ` ^ CITY OF TIGARD' OREGON [/ ORDINANCE N0. 89— HN ORDINANCE VACATING H PUBLIC ACCESS EASEMENT, HLS0 KNOWN AS SW D0RBURN PLACE, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 12' TOWNSHIP 2 SOUTH, RANGE 1 WEST' W.M. , IN THE CITY OF TIGARD' WASHINGTON COUNTY, OREGON. WHEREAS. the Tigard City Council initiated this vacation request pursuant to Section 15.08 .040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to eliminate a certain public access easement for development purposes; and WHEREAS, all abutting property owners have demonstrated support for the proposed vacation; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, all affected service providers including utility companies and emergency services have reviewed the vacation proposal and only General Telephone Co. is requesting special considerations as reflected in the approval conditions below; and WHEREAS, in accordance with ORS 271 . 100, the TMC Suction 15.08. 110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; 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, the Council having held a hearing on February 13, 1980, finds the public interest will not be prejudiced by the vacation as provided by ORS 271 . 120 and TMC Section 15.08. 130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate the public access easement, also known as SW Dorburn Place because the public interest will not be prejudiced; and WHEREAS' the Council finds that the following condi-tions are necessary to vacate said land: 1 . The applicant of the vacation shall provide the Engineering Division with written notice and/or assurances from General Telephone Co. that all of their affected services will be relocated as required. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. ORDINANCE NO, 89—____ Page 1 ' . THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l : The Tigard City Council hereby orders the vacation of that certain public access easement, alno known as SW Dorburn Place, and shown on the attached Exhibit "A"' 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 . The applicant of the vacation shall provide the Engineering Division with written notice and/or assurances from General Telephone Co. that all of their affected services will be relocated as required. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk' Assessor, and Surveyor. ` Section 3 : In no situation shall this Ordinance be effective until the 21st day after its enactment by the City Council and approval by the Mayor. PASSED: By vote of all Council members present after being read by number and title only, this Jay of ' 1989. Catherine Wheatley, Deputy Recorder APPROVED: This day of , 1980. Gerald Edwards, Mayor Approved as to form: City Attorney Date xj/8041D ORDINANCE NO. 80— Page 2 EXHIBIT "A" A tract of land located in the southwest quarter of Section 12, Township 2 South, Range 1 West, Willimtette Meridian, City of Tigard, Washington. Coxlnty, Oregon being described as follows: Beginning at the southwest corner of said Section 12; the North 00°03'30" East on the west line of said Section 12, 1196.2 feet; 'thence•North 89 56' East, 359.0 feet to the northwest corner of that parcel described in Book 514, Page 82 Washington t7ounty Deed Records, and the 7WE POINT OF BEGINNING; thence North 890 56' East, on the north line of said described parcel, and its easterly extension, 402.95 feet to the northeast corner of a 25 foot strip of land reservedfor road puriioses and described in Book 705, Page 376, Washirigtron Camty Deed Records; thence South 00030130- West 25.0 feet; theme South 890 56' West, 403.19 feet to the west line of that parcel described in said Book 514, Page 82, Washington County Deed Records; thence North 010 03130" East, on said west- line, 25.0 feet to the TME POINT OF BEGINNING, containing appzro�cimately 0.231 acres. R�GlST�R�t'� PRO ESSIONAL LAND SURVEYOR A, oF2CdO jA*4UA"V iS,ISP JON T.F61G40H 2sz INT SW tJ4 SECTION 12 I2S, Rt%., I.M. r 1100 13oo J J z-79 Ac 18.96 Ac J 1 1 1 LANE I J J z J Ir- TF Il 1200 J .13 Ac i I ! J Area Described in Exhibit "A" SW. ASHFORD STREET Dorburn Pl.) � i 1 .34Ac J i !--' " s0aAc. qoo 3oo 2oa 1Ui - � '�` L64 Ac 3.L2Ac 3.97Ac. J i¢ Tao I 1.3sAc i !Co Sao i �yt Joon .84 Ac 1.13 Ac. i t -W CHURCHILL WAY I l /too 1 a 2.39 Ac i 13 Co Jas 1 � BOND 1200 1400 1500 1700 sw. SHEET .86 Aa 1.94Ac 1.o2 At. 1.34 A c O u ao 130o 3 -N- 71 Ac 1600 -32Ac ai S.W. DURHAM ROAD V=200' 1 ,SA- C17YOFTIFARD WASHINGTON COUNTY, OREGON AFFIDAVIT OF MAILING STATE OF OREGON County of Washington ss. City of Tigard I, being first duly sworn/affirm, on oath depose and say: (Please Print) That I am a for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING for: That I served NOTICE OF DECISION for: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer .1 Tigard City Council A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked Exhibit "A") was mailed to each named persons at the address shown on the attached list marked exhibit "B" on the day of 19 said notice NOTICE OF DECISION as hereto attachedf' was pdsted on an appropriate bulletin board on the day of 19 and deposited in the United States Mail on the day of A/ 19 postage prepaid. Signa/ fire Person who potted on Bulletin Board k)hi (For Decision Only) Person who de4ivered to POST OFFICE Subscribed and sworn/affirm to before me on the day of 91 -Sz- 7- NOTARY PUBLICOF OREGON My Commission Expires: �17 0257P/0006P { ( { o! Ac i !N THE SW 1/4 SECTION 12 T2S,R1W, wV.M. liC?O /300 ( { 2.79 Ac /8.98 Ac { I I { LANE I { 1 I zIT { 1 F II = /200 { { ~ .13 Ac I { 1 Area Described in Exhibit W S.W. "FORD STREET (Dorburn PI.) I I 1400 { { .39Ac { { { { .6oAc. Soo 400 300 200 (u► 1.23 Ac Z84 Ac 3.Z2Ac 3.97Ac I > 700 135'Ac 1 I� v �7a Soo 1000 84 Ac I 1.13 Ac. I _ -W CHURCHILL WAY I } /too a 2.34 Ac = 1 3 i° sw. BOND STREET 1200 l400 /500 1700 .g(,At 1.344 1.02 Ac !.34 A c 0 U y W 1300 3 -N- .73 Ac 1600 � 3 •32Ac S.W. AURHAM ROAD )"=200' ' Christopher & Julie Carpenter, 8070 S.W. Churchill Court Tigard, OR 97224 Thomas F. & Penny H. Love 8060 S.W. Churchill Court Tigard, OR 97224 Paul T. & Calla C. Widerburg 8090 S.W. Churchill Court Tigard' OR 97224 Gary J. & Helen Bickford 8080 S.W. Churchill Court Tigard, OR 97224 Dorothy & M. A. A6reoht Gage 8000 S.W. 54th Avenue Portland, OR 97219 Mary Ann Diehl 8340 S.W. Dorburn Place Tigard, OR 97224 Irvin & Christine Black 14945 S.W. 100th Avenue Tigard, OR 97224 Randy A. & Janette Wilder 8100 S.W. Churchill Court Tigard, OR 97224 Edward & Lillian Sattler 8800 S.W. Sattler Drive Tigard, OR 97224 Frank B. & Carnet Nogle 15520 S.W. Hall Blvd, Tigard' OR 97224 Willis E. Good 8639 S.W. Hamlet Court Tigard' OR 97224 Angelina Schmidt 8621 S.W. Hamlet Court Tigard' OR 97224 David & Candace Lehr 8630 S.W. Hamlet Court Tigard' OR 97224 SW Durborn Mailing List Henry L. Schmidt 15435 S.W. Hall Blvd, Tigard, OR 07224 Richard & Gayle Huggan 8200 S.W. Ross Street Tigard, OR 97224 877yD SW Dorborn Mailing List 1 � j,�. ,; ' (�/ �.: O1%(�,� �f��i ^„'^� bL./� AFF1DAVlT OF POSTING In the Matter of the Proposed STATE OF OREGON County of Washington) ss. City of Tigard —being first duly sworn, on oath depose and say: That I posted in the follow in� public and conspicuous places, a -a copy of Notice of Public Hearing of the j(0 -"r- 0 f _56v 'Ovrm'Let) Pere- a copy of said notice being hereto attached and be reference made a part hereof, on the qday of 1 1 9-La. AV PLAT1,�� C CV4,2, 2) Subscribed and sworn to before me this L�_Aday 19 kotary Public for dregon I Affidavit of Posting My Conunission Expires: h , omo CITY OF TIGARD NOTICE OF PUBLIC ACCESS EASEMENT VACATION -- S.W. DORBURN PLACE-.-. The Tigard City Council will hold a public hearing on Monday, February 13, 1989, at 7: 30 p.m. at Tigard Civic Canter -Gown Hall Room, 13125 S.W. Hall Boulevard, 'Tigard, Oregon to consider the proposed vacation of an unimproved public access easement: also known as S.W. Dorburn Place, in the City of Tigard. The request was initiated by City Council on January 9, 1989, at the request: of Titan Properties, Inc. Any interested person may appear and be heard for or against the proposed vacation of said land . Any written objections or remonstrances shall be filed with the City Recorder by February 13, 1989, by 7:30 p.m. 1-1.. Publish January 1.2, 19, 26, February 2 and 9, 1989 cw/8656D 1N TttE SW 1/4 SECTION 12 T2S,R1W,v,/.m 1 t DD 1300 2.79 Ac /8.98 Ac ( I I I LANE ( I ( I z ( 1 t-- Ii 1200 ( ( r .13 Ac f � y i Area Described in Exhibit "A" SWW. ASHFORD STAT Dorburn Pl.) i l I � 1400 .3?Ac ( i Gao _.Sao ___ .",Ac. 400 .300 200 w 1zsAc 189 Ac 3.&ZAc 3.97At. � I 700 fi a ( x v t„ IQO goo t000 .84 Ac. L13 Ac. I I s.4y GNURCHILL WAY 1100 I "_ 2.39 Ac I Ic BOND 1200 1400 1500 /700 5?R ET -tab Ac 1-34Ac 1.o2 Ac 1.39 Ac 0 c.► a'o 130o .73 Ac /600 h 3 .32Ac S.W. AvRHAM ROAD 2ua' NOTICE OF PUBLIC ACCESS EASEMENT VACATION S.W. DORBURN PLACE _ The Tigard City Counoil will hold a public hearing nn Monday' February 13^ 1989' at 7: 30 p.m. at Tigard Civic Center Town Hall Room, 13125 S.W. Hall Boulevard, Tigard, Oregon to consider the proposed vacation of an unimproved public aooeoo easement also known as S.W. Dorburn Place, in the City of Tigard. The request was initiated by City Council on January 9, 1989' at the request of Titan Properties, Inc. Any interested person may appear and be heard for or against the proposed vacation of said land . Any written objections or remonstrances shall be filed with the City Recorder by February 13, 1989' by 7:38 p.m. TT Publish January 12' 19' 26^ February 2 and 9, 1989 cw/8056D CITY OF TIGARD, OREGON RESOLUTION NO. 89- A RESOLUTION CONCERNING THE VACATION OF AN UNIMPROVED PUBLIC ACCESS EASEMENT, ALSO KNOWN AS SW SW DORBURN PLACELOCATED IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. , IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of a public access easement; and WHEREAS, this portion of land was previously granted for public access purposes and is currently unimproved; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings and that the benefiting property owner, Titan Properties, pay all fees and charges as set out in TMC 15.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, February 13, 1989, at 7:30 PM at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, within the City of Tigard, 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. (3) 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 January 12, 1989 and once each week thereafter for five 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 attached, at or near each end of the area proposed to be vacated. RESOLUTION No. 89--OL-)- Page I (4) That the particular portion of granted public easement proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part thereof. r')4`1 PASSED: This day of 1989. ATTEST: -- 7Ka3-*1"- City of Tigard Deputy Recorder City A Tigard APPROVED AS TO FORM: oCajt' tcx City Recorder, Jo D6ke br/8564D RESOLUTION NO. 89--0--,)- Page 2 NOTICE OF PUBLIC ACCESS EASEMENT VACATION S.W. DORBURN PLACE _ The Tigard City Council will hold a public hearing on Monday' February 13' 1989. at 7: 30 p.m. at Tigard Civic Center Town Hall Room, 13125 S�W' Hall Boulevard, Tigard' Oregon to consider the proposed vacation of an unimproved public access easement also known ao S.W. Durtxurn Place' in the City of Tigard. The request was initiated by City Council on January 0' 1980' at the request of Titan Properties, Inc. Any interested person may appear and be heard for or against the proposed vacation of said land. Any written objections or remonstrances shall be filed with the City Recorder by February 13' 1980' by 7: 30 p.m. TT Publish January 12' 19' 26, February 2 and y' 1989 cw/O656D E UUBIT "A" A tract of land located in the southwest quarter of Section 12, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon being described as follows: Beginning at the southwest corner of said Section 12; thence North 00003`30" East on the west line of said Section 12, 1196.2 feet; thence North 89 56" East, 359.0 feet to the northwest corner of that parcel described in Book 514, Page 82 Washington County Deed Records, and the TRUE POINT OF BEGINNING; t1mce North 890 56, East, on the north line of said described parcel, and its easterly extension, 402.95 feet to the northeast corner of a 25 foot strip of land reserved for road purposes and described in Book 705, Page 376, Washington County Deed Records; thence South 00030130" West 25.0 feet; dxwe South 890 56' West, 403.19 feet to the west line of that parcel described in said Book 514, Page 82, Washington County Deed Records; theme North 010 03130" East, on said west line, 25.0 feet to the TRUE POINT OF BEGINNING, containing approximately 0.231 acres. P IM0 SIONALRVEYORGL2J 1E 3 1 I # 401 IN THE SW 1/4 SECTION 12 T2S, R1W, W.M. /300 ' HODI 1 2.79 Ac /8.461 Ac I 1 i I LANE I 1 i 1 z I I r- II 11 J S F- 1200 ( I .93 Ac i I I I I I t ! Area Described in Exhibit "A" S.W. ASHFORD STREET Dorburn Pl.) I ! 1400 I ! .39Ac I ! ! I (000 .L&Ac. Soo 400 300 240 i w a /.z3 Ac 1.84 Ac 3.42 Ac 3.97At. ! i4 J 700 1.35Ac i ZIN _N ' go Soo ! 3,iy 1000 84 Ar. i 1.13 Ac i $-W CHURCHILL WAY i } 1100 i `i 2.39 Ac i z i 3 Oo i � sw BOND STR��T 1200 1400 /Soo 1700 -86 Ac 1.34 At, !-o2 Ac 1.34 A c. O u co 130o 3 -N- .73 Ac 1600 h .32Ac S.W. DURHAM ROAD 1"=200' MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Clarno 1/6/89 FROM: Cathy Wheatley SUBJECT: Public Access Easement Vacations S.W. Dorburni& S.W. 81st Randy, attached are the ads which will be published in the Tigard Times pending Council's approval of the resolutions on 1/9/89. Also is a form which I have used in the past to check-off the necessary steps to assure the vacation process was followed. Let me know how much involvement you'll need from the Recorder's office on these (i.e., same as in the past or do you want to notify utilities, etc.?) Thanks. ew MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator DATE: December 29, 1988 FROM: Ed Murphy, Community Development Directo SUBJECT: Initiation of Public Access Easement Vacation - Known as SW Dorburn Place I. OVERVIEW A. Summary. The City has received a request from Titan Properties, Inc. to initiate vacation proceedings for a 25 foot wide unimproved public easement known as SW Dorburn Place (see attached vicinity map). B. Policy Implications. Street vacations can be initiated by petition or by Council. Council has adopted Resolution 85-30 as the City's policy concerning City Council initiated vacations, which generally states that Council will initiate vacations if petition requirements would present the vacation applicant with undue hardship or delay and/or if the vacation appears to be in the public interest. Staff feels that both criteria above would apply in this particular proposal. C. Financial Implication. Consistent with City policy, Titan Properties will be paying all staff time and advertising/materials cost associated with the processing of this vacation. other potential financial implications will be discussed in the staff report for the public hearing. D. Recommendation. It is recommended that Council adopt the attached resolution which initiates vacation proceedings for that public easement known as SW Dorburn Place and calls for a public hearing on February 13, 1988. II. ANALYSIS A. Background. This vacation request is by Titan Properties who recently received preliminary approval to develop a 45 lot subdivision (Langtree) on the property in which the Dorburn Place easement is located. At the time, staff reviewed the Langtree proposal, it was assumed the Dorburn Place easement was private based on a decision the County had made in 1982. Therefore Pat Reilly December 28, 1988 Page 2 elimination of the easement appeared to be a private concern and did not involve a public vacation. However, recent questions raised by certain title insurance companies and the developer caused the County and the City to study the matter further. After further research, it appears the public probably has interest in this easement. The City Attorney has recommended that we go through the vacation process to remove any public interest that may exist. B. Alternatives Considered. Prior to learning that the public probably has interest in this easement, staff was working with the developer to have various private property owners' interest in the easement released. It was through these efforts that questions were raised about jurisdiction of the easement. The only other alternative considered was to have the developer try and utilize the public easement in their plat design. This alternative would force significant hardship on the developer and may create a lot configuration not compatible with the surrounding area. III. CONCLUSION At this point, it would appear to be in the public's interest for the Council to initiate vacation proceedings. As required by ORS, a more detailed review by all affected agencies will be performed between now and the public hearing. br/8565D VICINITY MAP 4¢� Ic IN THE SW 1/4 SECTION 12 T2S, R1W,W.M. i 1/0D /300 2.79 Ac. /8.98 AC LANE � I � 0 /t' M X z /� ►X- /200 m .13 Ac a co 3 Proposed Easement Vacations S.W. ASHFORD STREET r 1400 .39Ac (SW DORBURN PLACE) 400�.Aa 500 400 300 200 1 ,j /-=3 Ac ,fig{Ac 3.t2Ac 3.97Ac I 0 z uj � I � I S Toa i � J.3SAc I � I po loo0 Soo .89 Ac ( '� 1.13 Ac. I ! SN! CHURCHILL WAY I � /too I a 2.39 Ac < I ao z 13 sw. BOND STREET 1200 1400 /504 1700 .86 AC 1.344c J.o2 Ac 1.34 At 0 U W 1300 -N- .73 AC 1600 32Ac Vf S.W. AURHAM ROAD 1"=200` CITY OF TIGARD, OREGON RESOLUTION NO. 89- A RESOLUTION CONCERNING THE VACATION OF AN UNIMPROVED PUBLIC ACCESS EASEMENT, ALSO KNOWN AS SW SW DORBURN PLACEjLOCATED IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE I WEST, W.M. , IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of a public access easement; and WHEREAS, this portion of land was previously granted for public access purposes and is currently unimproved; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings and that the benefiting property owner, Titan Properties, pay all fees and charges as set out in TMC 15.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, February 13, 1989, at 7:30 PM at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, within the City of Tigard, 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. (3) 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 January 12, 1989 and once each week thereafter for five 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 attached, at or near each end of the area proposed to be vacated. RESOLUTION NO. 89- Page 1 (4) That the particular portion of granted public easement proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part thereof. PASSED: This day of 2989. ATTEST: Mayor - City of Tigard Deputy Recorder - City of Tigard APPROVED AS TO FORM: City Recorder Date br/8564D RESOLUTION NO. 89- Page 2 Uai "All A tract of land located in the southwest quarter of Section 12, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon being described as follows: Beginning at the southwest corner of said Section 12; thence North 00P03130" East on the west line of said Section 12, 1196.2 feet; thence North 89 56' East, 359.0 feet to the northwest corner of that parcel described in Book 514, Page 82 Washington County Deed Records, and the TRUE POINT OF BEGINNING; thence North 890 56' East, on the north line of said described parcel, arra its easterly extension, 402.95 feet to the northeast corner of a 25 foot strip of land reserved for road purposes and described in Book 705, Page 376, Washington County Deed Records; thence South 00030130" West 25.0 feet; thence South 890 56' West, 403.19 feet to the west line of that parcel described in said Book 514, Page 82, Washington County Deed Records; thence North 010 03'30" East, on said west line, 25.0 feet to the TRUE POINT OF BEGINNING, containing approximately 0.231 acres. REGIST�Rfr0 PROFESSIONAL LAND suRVEYOR onudo JA11UAIVV 15,1907 JON T. FEIGION is 262 � � 1 401 IN THE SW 1/4 SECTION 12 T2S, R1W, W.M. 1/00 I I 2.79 Ac /8.98 Ac 1 1 I ( LANE I I I I z 1 I tp- 1 I .� � I .93 Ac I I ( I I � ! I Area Described in Exhibit "A" S.W. ASHFORD STRFET (Dorburn Pi.) 1 I I 1 1400 39Ac I I GbOOAc Soo qoo 300 200 I w /.�3 At 184 Ac 3.t2 Ac 3.97Arc uj 1¢ 1~J � I 700 i I x c� I„ 1Co Soo ( '� 1000 .84 Ac 1 1.13 Ac I -W CHURCHILL WAY 1100 i a J� 239 Ac 13 m I � BOND 1200 14o0 1500 1700 Sw STREET .846 Ac L344 1.o2Ac 1.344c 0 u W 130o 3 -�- .73 Ac /600 h 3 •32Ac N S.W. DURHAM ROAD 1'•=2001 MEMORANDUM CITY OF TIGARD, OREGON TO, Pat Reilly, City Administrator DATE: December 29, 1988 FROM: Ed Murphy, Community Development Directors SUBJECT: Initiation of Public Access Easement Vacation Known as SW Dorburn Place I. OVERVIEW A. Summary. The City has received a request from Titan Properties, Inc. to initiate vacation proceedings for a 25 foot wide unimproved public easement known as SW Dorburn Place (see attached vicinity map) . B. Policy Implications. Street vacations can be initiated by petition or by Council. Council has adopted Resolution 85-30 as the City's policy concerning city Council initiated vacations, which generally states that Council will initiate vacations if petition requirements would present the vacation applicant with undue hardship or delay and/or if the vacation appears to be in the public interest. Staff feels that both criteria above would apply in this particular proposal. C. Financial implication. Consistent with City policy, Titan Properties will be paying all staff time and advertising/materials cost associated with the processing of this vacation. other potential financial implications will be discussed in the staff report for the public hearing. D. Recommendation. It is recommended that Council adopt the attached resolution which initiates vacation proceedings for that public easement known as SW Dorburn Place and calls for a public hearing on February 13, 1988. II. ANALYSIS A. Background. This vacation request is by Titan Properties who recently received preliminary approval to develop a 45 lot subdivision (Langtree) on the property in which the Dorburn Place easement is located. At the time, staff reviewed the Langtree proposal, it was assumed the Dorburn Place easement was private based on a decision the County had made in 1982. Therefore Pat Reilly December 28, 1988 Page 2 elimination of the easement appeared to be a private concern and did not involve a public vacation. However, recent questions raised by certain title insurance companies and the developer caused the County and the City to study the matter further. After further research, it appears the public probably has interest in this easement. The City Attorney has recommended that we go through the vacation process to remove any public interest that may exist. B. Alternatives Considered. Prior to learning that the public probably has interest in this easement, staff was working with the developer to have various private property owners' interest in the easement released. It was through these efforts that questions were raised about jurisdiction of the easement. The only other alternative considered was to have the developer try and utilize the public easement in their plat design. This alternative would force significant hardship on the developer and may create a lot configuration not compatible with the surrounding area. III. CONCLUSION At this point, it would appear to be in the public's interest for the Council to initiate vacation proceedings. As required by ORS, a more detailed review by all affected agencies will be performed between now and the public hearing. br/8565D VICINITY MAP 4Ac IN THE SW 1/4 SECTION 12 T2S, RlW,W.M. r NOD 1300 2.79 Ac- /8.98 Ac rN rA LANF- z 0 w z w 0O > /1 f3 ArkL - Proposed Easement Vacations S.W. ASHFORD STREET 1400 .3?Ac (SW DORBURN PLACE) (000 Ac Soo300 200 400 w 194 Ac 3.&2AC 3.17Ac. :� z '700 13SAc Z-3 Soo 1000 .84Ac. t/3 At CHURCHILL WAY ki .. ...... 1100 I :4 2.39 Ac co sw BOND 1200 1400 /500 /700 Q:T 1.34Ac. i.az At /.34Ac 96 A D 0 1300 79 Ac- /600 t9 .32Ac vi S.W. DURHAM ROAD CITY OF TIGARD' OREGON ORDINANCE NO. 89-0 I� AN ORDINANCE VACATING AN UNIMPROVED PUBLIC ACCESS EASEMENT, ALSO KNOWN AS 8 PORTION OF SW 81ST AVENUE, LOCATED IN THE S0UTHWEST QUARTER OF SECTION 12' TOWNSHIP 2 SOUTH, RANGE l WEST' W.M. ' IN THE CITY OF TIGHRD' WA'HINGT0N COUNTY' OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to eliminate certain public access easements for development purposes; and . WHEREAS' all adjoining properties are provided direct access to public streets without the above—described access easement; and WHEREAS' the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, all affected service providers including utility companies and emergency services have reviewed the vacation proposal and have no objection thereto; and WHEREAS, in accordance with 0R3 271 . 100' the TMC Section 15.08. 110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; 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, the Cuunuil having hold a hearing on February 18, 1089, finds the public interest will not be prejudiced by the vacation as provided by ORS 271 . 120 and TMC Section 16.08. 180; and WHEREAS, the Council finds that it in in the public interest to approve the request to vacate said public access easement, also known as SW 81st Avenue because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1 . The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Hsneuuur' and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City council hereby orders the vacation of that unimproved public access easement, also known as SW 81st Avenue, as described and shown on the attached Exhibit "A"' and by this reference made part hereof. ORDINANCE NO. 09--l" Page 1 ' Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1 . The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk' Assessor, and Surveyor. Section 3: In no situation shall this Ordinance be effective until the 31ot day after its enactment by the City Council and approval by the Mayor. PASSEDBy vote of all Council members present after being read by number and title only, this t" day of ' l084 -' ine Wheatley, Deputy (Recorder APPROVED: This day of - 1989. (Arald Edwards, Mayor Approved as to form: 6A"trl '4 ORDINANCE NO. 89—�&0133_ Page 2 EXHIBIT "A" A forty foot wide strip of land located in the soutbwest quarter of Section 12, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described in Hook 240, Page 651, said c o;unty Deed Records and more particularly described as follows; Beginning at the southwest corner of said Section 12; thence North, on the west line thereof,of, 1196.3 feet to the southwest corner of that parcel commyed to Anton, Mary, and Genvieve Sattler, in Hook 259, Page 549, said county Deed Records; thence North 8V561 East on the south line of said Sattler parcel 955.3 feet to the T1F= POINT OF HFJGI2!NUG; thence North, parallel with the west line of said Section 12, approximately 793 feet to the north line of said Sattler par.ael; , the noe East, on said north line, 40 feet; theme South, paraleil with said west section line, app-mutely 793 feet, to the south line of said Sattler ,parcel.; theme South 89°56' West, on said southline, 40 feet to the ME POINT OF BBGIIMM, -ximately 0.728 acres. ;EG4STEREd PROFESSioNAL 1..AtNO SURVEYOR OREGON A*Wwouw is,rw JON T. FEIGION k2252 '4 V41 I I SOA Ac IN THE SW /4 SECTION 12 T2S, RIW. A. VA 1300 2.79 Ac. c 4 LANE rl - z O /zoo 13 Ac Area Described in Exhibit "A" (SW. 81st Avenue -%W. ASHFORD STREET 1400 .3?Ac Soo 1A` 400 . 300 200 ui 104 Ac 3-&zAc. 3.17Ac. Z) 700 l zr 13S'Ac oo 1000 .g84Ac. 1.13 Ar- C RCHILL WAY ki 1100 2-3,9 Ac P BOND 1200 1400 /500 1700 sW SHEET -86 Ac 1.344 J.oz Ac 1.34 A ZD 1300 3_ .73 Ar- j('00 -32AC tri S-W. DURHAM ROAD V=200* CITY OF TIGARD, OREGON RESOLUTION NO. 89- A RESOLUTION CONCERNING THE VACATION OF AN UNIMPROVED PUBLIC ACCESS EASEMENT, ALSO KNOWN AS SW SW DORBURN PLACE, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. , IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of a public access easement; and WHEREAS, this portion of land was previously granted for public access purposes and is currently unimproved; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings and that the benefiting property owner, Titan Properties, pay all fees and charges as set out in TMC 15.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, February 13, 1989, at 7:30 PM at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, within the City of Tigard, 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. (3) 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 January 12, 1989 and once each week thereafter for five 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 attached, at or near each end of the area proposed to be vacated. RESOLUTION NO. 89-tn� Page I (4) That the particular portion of granted public easement proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part thereof. PASSED: This day of 1-989. ATTEST: May '-- City of Tigard Deputy Recorder - City A Tigard APPROVED AS TO FORM: City Recorder, . ojq I I 69e C/I br/8564D RESOLUTION NO. 89- 0-L Page 2 EXHIBIT "A" A tract of land located in the southwest quarter of Section 12, Township 2 South, Range 1 West, Willanett:e Meridian, City of Tigard, Washington County, Oregon being described as follows Beginning at the southwest corner of said Section 12; theme North 00°03'30" East on the west line of said Section 12, 1196.2 feet; than e 'North 89 56' East, 359.0 feet to the northwest corner of that parcel described in Book 514, Page 82 Washingtan County Deed Records, and the TRUE POINT OF BEGIlM G; thence North 890 56' East, on the rxarth line of said described parcel, and its easterly extens an, 402.95 feet to the northeast carr of a 25 foot strip of land reserved-for road purposes and desczribed. in Book 705, Page 376, Washington County Deed Records; the South 00°30'30" West 25.0 feet; thence South 890 56' West, 403.19 feet to the west line of that parcel described in said Book 514, Page 82, Washington County Deed Records; thence North 010 03130" Fast, on said west- line, 25.0 feet to the TFU E POINT OF BEGINNING, containing appacimately 0.231 acres. REGIFEREt1 FEsssaNAL ND suRVEYOR 0RUG0 sANUAar 15.1007 JON T.FEIGiON is 252 a, -401 QJ i I Ac INT SW 1/4 SECTION 12 TZS, R1W,W.M. f 100 1300 2.74 Ac /8.98 Ac ( { { { { { LANE i { z t2aa ( ( .13 Ar— { ! ! ! Area Described in Exhibit "A" aW ASHFORD STREET (Dorbu' rn Pi.) 1400 .39Ac ! Sao Qao 304 200 {w 1'23'�c 184 Ac 3.t2AG 3.97Ac j3 } �¢ -- ppa. J ( Tod ( x 800 1.13 Ac { sk, CI1URCH1LL WAY ! y 1100 { a 2.39 Ac { QD BOND 1200 Moo 1500 1700 S QET .86 Ac 1.34Ac 1.o2 Ac /.34 A u k�'�w 1300 3 -N- 73 Ac 1600 •32Ac vi S.W. DURHAM ROAD 1"=200' MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council February 6, 1989 FROM: Cathy Wheatley, Deputy Recorder SUBJECT: Public Hearing Packet Information for the Proposed 81st Avenue and Dorburn Place Public Access Easement Vacations Please see the previous agenda item (No. 7) for the staff report concerning the proposed S.W. Dorburn Place Public Access Easement Vacation. Staff combined the report for both vacation proposals; however, each one must be heard separately. The proposed ordinance for the S.W. Dorburn Place vacation is attached. cw Attachment MEMORANDUM DATE: February 1, 1989 /� FROM: Keith Liden, Senior Planner /`�—`-' TO: Randy Clarno, Development Services Manager RE: SW 81st Avenue and Dorburn Place street vactions On January 24, 1989, the Planning Commission reviewed two proposals to vacate portions of SW 81st Avenue between SW Ross Street and SW Dorburn Place and SW Dorburn Place between SW 81st Avenue and SW Hall Blvd. as shown on the attached maps. The Commission unanimously voted to recommend approval of both proposals to the City Council as reflected in the attached Commission minutes. ATO Ac IN' SW 1!4 SECTION 12 T2S. R. ,W.M. 1 t Ota I300 2.79 Ac. 18.98 Ac oil lLANEz 4 V � tzoo � .13 Ac Area Described in Exhibit "A" (SW, 81st Avenue - � aw ASKFORa sTRW � PA 1400 .stAc _ 3-w. PL. Ac. Soo Q0o _r 300 200 i 8C . �isAc 194 Ac 3-L7 Art 3.97Ac. t� � l a '700a 1.3SAc t t y 1000 884 Ac. 1.13 Ac. t 1 f S.1y Ct.URCHiiL, WAY t >. 1100 t a -I 2.39 Ac t sw BOND STREET 1200 1400 1500 1700 g6 Ac 1.344 I-ozAc 1.34Ac -TT� 0 v n4A 130o.73 Ac 1600 .32Ac c tri S.W. AURHAM ROAD V=200' 3WAc IN THE SW 114 SECTION 12 T2S. R..i.W.M. tloo /Zoo { { 2.79 .etc. 18.96 Ac { i LANE i { i ( z { { - FIT .!3 Ac i { { f { Area Described in Exhibit "A" SW ,ASHFORD SrP.M (Dorbu' rn Pt.) i 1 1400 { { .3?Ac { { { Soo 400 308 200 1 u lz3Ac 164 Ac 3.&ZAc 3.97Ac. i i4 700 i 135'Ac i { z U a`s 800 ! 1000 -84 Ac.1.13 Ac L -_ _W CHURCHILL WA) /loo I '_ 2.39 Ac ] i t+s 3 BOND 1200 1400 1500 1700 A.W. S?RCC7 -86 Ac 1•34Ac I.o2 Ac. 1.34 Ac + �( o { v 130o .73 Ac 1600 `'� 3 .32Ac vi S.W_ pURHAM ROAD 1"=200• 5.2 RASMUSSEN CHEVRON VARIANCE V 88-43, Request for approval of a variance to allow a freeway-oriented sign that is approximately 210 feet from the Highway 217 right-of-way where a maximum setback of 200 is required. Also, a variance to allow two freestanding signs on one street frontage. Zoning: C-G (General Commercial). Location; 11747 SW Pacific Hwy. (WCTM IS1 36CD lots 1001 and 1001-A Senior Planner Liden reviewed the history of the proposal and what is currently being proposed. He made staff's recommendation for denial of the variance to allow the existing sign as a freeway oriented sign and approval with conditions for a Sign Code Exception to allow a second freestanding sign. APPLICANT'S PRESENTATION 0 Phil McCurdy, Architect, 8040 NE Sandy Blvd., Portland, 97213, explained why they felt they should be allowed to have a freeway oriented sign. He reviewed special signage needs for service stations. 0 Wilbur Rasmussan, owner, 11747 SW Pacific Hwy., Tigard, 97223, stated they needed to retain as much signage as possible and that the price signs are necessary to his business operation. PUBLIC TESTIMONY 0 No one appeared to speak. PUBLIC HEARING CLOSED 0 Consensus of the Commission was to favor staff's recommendation Commissioner Barber moved and commissioner Newton seconded to deny the Variance for a freeway oriented and to approved a Sign Code Exception per staff recommendations and conditions. Modifying the condition changing the time line from February 28th to March 31, 1989. Motion carried unanimously by Commissioners present. 6. OTHER BUSINESS 6.1 REVIEW PROPOSED SW 81st AVENUE & SW DORBURN PLACE PUBLIC ACCESS EASEMENT VACATIONS. 0 Senior Planner Liden reviewed the easements being proposed for vacation. Commissioner Castile moved and Commissioner Peterson seconded to forward a recommendation to City Council for approval. Motion carried unanimously by Commissioners present. 6.2 ZONE ORDINANCE AMENDMENT ZOA 88-02 CITYWIDE PLANNING COMMISSION MINUTES - JANUARY 24, 1989 - PAGE 6 "IRE MARSHALS OFFICE �-,Washington County Fire District No. 1 City of Beaverton Fire Department Tualatin Rural Fire Protection District 4755 S.W.Griffith Drive P.O.Box 4755 - Beaverton,Oregon 97076 • Phone (503)526-2469 January 30. 1989 21989 Randy S. Clarno Development Services Manager City of Tigard P.O, Box 23397 Tigard, Oregon 97223 Dear Randy: Please note that the "public access easement matters, street closure notices, etc. " should be mailed to me, as routing them through Chief Thompson: 1 ) delays response back to you since we are in two separate offices and, 2) Chief Thompson's position and office is only expected to be in e\istuence for approximatelv 2 more years. If I can be of any further to yoki, please feel free to, conla,-t me :A 526-2502. Sincerely, Gene Birchill Deputy Fire Marshal GB:kw —IRE MARSHALS OFFICE Washington County Fire District No. 1 City of Beaverton Fire Department Tualatin Rural Fire Protection District 4755 S.W.Griffith Drive P.O. Box 4755 - Beaverton,Oregon 97076 a Phone (503)526-2469 January 30, 1989 VIF .0avao V 1989 Randy S. Clarno Development Services Manager City of Tigard P.O, Box 23397 Tigard. Oregon 97223 RE: S.W. 81st and S.W. Dorbury P] . Dear Randv: T have some concern about abandoinnent of the 2 above not-ed streets or public a('cess easements in relationship to access I:(-, properties for future sti,eets in firefighting and rf--s(--!ue potenti.fil. It land develuprneiit is proposed thqt dill provide through streets and interconnecting, exist in, ;streets, � . )_, then this department has no problem with what is guinky to take place in almndonin;,, these rigbt-of-ways. Tf I can be of further assistan,,e, please feel free to call. me at -126-2502. Sinceroly, kf Gene Bit-rh`ll Deputy Fire Marshal ('B:kw 41 'le RECEIVED JAN 3 01989 ftromsm%"Implop"000# 44 w mne C A B L E T V A DIVISION OF COLUMBIA CABLE OF OREGON January 26, 1989 City of Tigard 13125 SW Hall Blvd. P. 0, Box 23397 Tigard, OR 97223 Attn: Randy S. Clarno Pe: Vacation on SW 81st and -SW Dorbuvri Pl Dear Cenrlcrneri: Cc;--Lumbia Cable has re, (' , :ed your request Cot, the lucatl. orl of our' exLsting facilities iri ttie abuvo mentioned vacation. he have determined that at present ce do not Have facilities in that area. If you hale any Further questions feel free to call or write to construction ser-,ices, 644 - 3188 ext. 219. n c e r e 1,y, Cr a j Lr, E,,, e s t o n e Construction --pe,--i all 14200 Southwest Brigadoon Court - Beaverton, Oregon 97005 - (503)644-3188 NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209 (503)226-4211 January 20 , 1989 W-=;EWED JAN 2 31989 COM-MunItY Duelopment City of Tigard Attn: Randy S. Clarno P.O. Box 23397 Tigard, Oregon 97223 Re : Proposed Vacation of a portion of SW 81st Avenue Proposed Vacation of a portion of SW Dorburn Place Dear Mr. Clarno: Please be advised that Northwest Natural Gas Company has no facilities within the proposed vacation area. We. would, therefore, have no objection to the City vacating the area. Please notify us when the vacation is complete so that we can update our records accordingly. Sincerely, �e4zo--f Diantha G. Beal Engineering Department CC: R. Polvi Vacation File Plat : 46-21 Doc. ID: 890012 890013 CITf OF T11ARD OREGON January 18, 1989 Gary Alfson Tigard Engineering Department Gentlemen: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Portion SW 81st Avenue (public access easement only) o All of SW Dorburn Place (public access easement only) Due to time constraints, please return this letter and any questions you have regarding this matter by January 27, 1989, to Randy Clarno, Development Services Manager, City of Tigard, PO Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Randy S. Clarno Development Services Manager ke/8780D Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY OFTIFARD OREGON January 18, 1989 Keith Liden Tigard Planning Department Gentlemen: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Portion SW 81st Avenue (public access easement only) a All of SW Dorburn Place (public access easement only) Due to time constraints, please return this letter and any questions you have regarding this matter by January 27, 1989, to Randy Clarno, Development Services Manager, City of Tigard, PO Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Randy S. Clarno Development Services Manager ke/8780D Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITYOFTIFARD OREGON January 18, 1989 Jim Ryan PGE Company 14655 SW Old Scholls Ferry Road Beaverton, OR 97005 Gentlemen: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Portion SW 81st Avenue (public access easement only) a All of SW Dorburn Place (public access easement only) Due to time constraints, please return this letter and any questions you have regarding this matter by January 27, 1989, to Randy Clarno, Development Services Manager, City of Tigard, PO Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Randy S. Clarno Development Services Manager ke/8780D Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 13125 SW Hall Blvd.,RO,Box 23397,Tigard,Oregon 97223 (503)639-4171 CITYOFTIFARD OREGON January 18, 1989 Frank Stone Willamette Cable 14200 SW Brigadoon Court Beaverton, OR 97005 Gentlemen: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED • Portion SW 81st Avenue (public access easement only) • All of SW Dorburn Place (public access easement only) Due to time constraints, please return this letter and any questions you have regarding this matter by January 27, 1989, to Randy Clarno, Development Services Manager, City of Tigard, PO Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Randy S. Clarno Development Services Manager ke/8780D Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY OFTIVARD OREGON January 18, 1989 Tom Thompson Tualatin Rural Fire Protection Dist. PO Box 127 Tualatin, OR 97062 Gentlemen: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Portion SW 81st Avenue (public access easement only) o All of SW Dorburn Place (public access easement only) Due to time constraints, please return this letter and any questions you have regarding this matter by January 27, 1989, to Randy Clarno, Development Services Manager, City of Tigard, PO Box 23397, Tigard, OR 97223, 639-4171. Sincerely, docl --- Randy S. Clarno Development Services Manager ke/8780D Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 13125 SW Hall Blvd.,P.0,Box 23397,Tigard,Oregon 97223 (503)639-4171 +CITY OF TINA RD January 18, 1989 OREGON Bob Olson General Telephone Company PO Box 23416 Tigard, OR 97223 Gentlemen: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Portion SW 81st Avenue (public access easement only) a All of SW Dorburn Place (public access easement only) Due to time constraints, please return this letter and any questions you have regarding this matter by January 27, 1989, to Randy Clarno, Development Services Manager, City of Tigard, PO Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Randy S. Clarno Development Services Manager ke/8780D Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITf OF T167ARD OREGON January 18, 1989 Jack Mills Northwest Natural Gas Company 210 NW Second Avenue Portland, OR 97209 Gentlemen: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED • Portion SW 81st Avenue (public access easement only) • All of SW Dorburn Place (public access easement only) Due to time constraints, please return this letter and any questions you have regarding this matter by January 27, 1989, to Randy Clarno, Development Services Manager, City of Tigard, PO Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Randy S. Clarno Development Services Manager ke/8780D Enclosure 13125 SW Hall Blvd,,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITYOF TIVARD OREGON January 18, 1989 Chief of Police Tigard Police Department Gentlemen: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Portion SW 81st Avenue (public access easement only) o All of SW Dorburn Place (public access easement only) Due to time constraints, please return this letter and any questions you have regarding this matter by January 27, 1989, to Randy Clarno, Development Services Manager, City of Tigard, PO Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Randy S. Clarno Development Services Manager ke/8780D Enclosure JAN 25 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 I I YV, Ac IN THE SW 1/4 SECTION 12 T2S, R1W, ...M. r 1100 1300 � /f 2.79 Ac 19.98 Ac LAME z N .f3 Ac Area Described in Exhibit "A" 0 LLL SW- 81st Avenue S.W. ASHFORD STREET { } �,A 1400 .3lAc P.. •" Soo qoo 300 200 1 t23Ac 1$4 Ac 3.42Ac 3.97Ac. jQ ! -j ` 1 13SAc j ' V h 800 {00 1000 .8911G 1.13 Ac 1 Sw CHURCHILL WAY i ; --� .j 1100 I "_ .i 2.39 At � �c E 3 QD BOND /200 1400 1500 1700 Sw STREET .84 Ac L34Ac !.o2 Ac /.344c 0 QD 130o 3 -N- .73 At 1600 h 3 32Ac vi S.W. DURHAM ROAD 1'"=200' Ac IN THE SW 1/4 SECTION 12 T2S,RlV#, ...M. 1100 1300 2.79 Ac. 18.99 Ac LANE ( ( 10 IT ( i z It = /200 .13 Ac t ( ( t 1 ( Area Described in Exhibit "A" SW ASHFORD STREET Dorburn Pl.) ( t 1400 f .39Ac - i ( 500 ---� 400 300 200 1 u.► 4 LZ3 At 194 Ac 3.42 Ac 3.97Ac- z� ` J 700 13SAc t x 17Z 800 ( � 1000 •84 Ac. 413 Ac 1 SW C . RCHILL WAY a 1100 � 2.39 Ac z ( co (y h s Lw. BOND R r 1200 1400 /Soo 1700 84 Ac. 1.34A, J.o2 At 1•34Ac o 0 fl u ao 130o 3 -N- .73 Ac 1600 h 3 •32Ac vi S.W J>URHAM ROAb 1"=200' CITYOFTIVAM JAN 2 -5 '1989 OREGON January 18, 1989 Jim Ryan PCE Company 14655 SW Old Scholls Ferry Road Beaverton, OR 97005 Gentlemen: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED • Portion SW 81st Avenue (public access easement only) • All of SW Dorburn Place (public r'tw access easement only) �6 Due to time constraints, please return this letter and any question you have regarding this matter by January 27, 1989, to Randy Clarno, Development Services Manager, City of Tigard, PO Box 23397, Tigard, OR 97223, 639-4171. Sincerely, �a' 0�04'd '/ Randy S. Clarno Development Services Manager ke/8780D Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 Ac IN THE SW 114 SECTION 12 T2S,RIW. .414. 1 f 00 1300 { { 2.79 Ac 19.48 Ac { { { LANE { { { z 0 .!3 Ac { { - r j I Area Described in Exhibit "A" SW ASHFORD STREET (Dorburn P'1.) 1 { � 1 {400 .39Ac Z/./Z/.ZY-z�_,,rz1__z1_1z1y.11_——— (000 Ac Soo 1.23 At 400 300 200 {j 184 Ac 3.L2Ac 3.97Ac { � I J 700 Q {h U 800 I� 1000 _84 Ac ( �� 1.13 Ac i CHURCHILL WAY 1 1100 ( `_ v 239 Ac ( '� Co {y BOND 1200 1400 /500 /700 SW 3rRCE1 86 Ac 1.34 Ac i.o2 Ac 1.34 A c —� caa ti ID 1304 -N- .73 At 1600 h 3 .32Ac 4i S.W_ DURHAM ROAD 1"=200' �or 9C IN THE SW 114 SECTION 12 T2S, R1W, r:.M. (100 1300 2.74 Ac. 18.98 Ac LANE. z N VA 1200 � t3 Ac Area Described in Exhibit "A" PA (sw, 81st Avenue1W ASHFORD STRUT PA I I I I n igao PA.3lAc S.W. _bORBvRl1 __ P4. 5OO qoa i�! 300 200 i pp txsAG 104 Ac 3.&ZAc 3.97Ac. {-a q {3 Tao { a 13SAc { Z-) � x Boa loco 1.13 Ac { I-W CHURCHILL WAY Itoo { 4 2.39 At { GO I � BOND STRCIT /200 1400 1500 /700 sw .81-Ar- 1.34Ac /.C2Ac. 1.34Ac 0 c.r a`y I3co -p- .73 Ac /600 .32AC Vf S.W. DURHAM ROAD V=20V 1 I I 1 `f. -4c IN THE SW 1/4 SECTION 12 T2S,R1W, _..M. 1100 13oo , 2.74 Ac 18.98 Ac +� LANE r z s 1200 � F' .l3 Ac Area Described in Exhibit "A" 0 (SW. 81st Avenue) aW. ASHFORD STREU 1400 .3tAc GOO — S.W.--- ---boKSUR11 64 Az Soo 400 300 200 ! �} �ZSAc 184 Ac 3.t2Ac 3.97Ac. > �Q t Too ! v 13TAc ( j N goo !m 1000 .84 Ac. 1.13 Ac ! 1 -W C.URCH1LL WAY i 1100 ! Q a 2.39 AC ! ! ado !w 3 1 -j 67 BOND 1200 140o /soo 1700 Xw. STRQJ .04 Ac 1.34Ac /.o2Ac /.34Ac 5 0 ao 130o '73 Ac 1600 h .32Ac vi S.W. DURHAM ROAD V=200• of Ac IN THE SW 1/4 SECTION 12 T2S, R1W, .r.&L 1100 1300 2.79 AL 18.98 Ac LANE z o 1200 x l � .!3 Ac NA Area Described in Exhibit "A" hLJ—L (SW, 81st Avenue 3w ASHFORD STREET t PA 1400 .39Ac GOO r 3.W. DOitBuRN PL. -t 4&Ac QOO 300 200 { Q Lz3Ac 19,E Ac 3.tzAc 3.97AG !� K 1 � t � 1 700 13SAc { ! U N goo {as 1000 .89 Ac 1.13 Ac ! { .S-W CHURCHILL WAY 1100 { a 2.39 Ac { c { 3 m BOND 1200 Moo /500 /700 � $w STREET .86 Ac 1.394c I.oz Ac 1.39 Ac 0 v m 1300 Ac. lboo •32Ac Vi S.W. AURHAM ROAD V=200• Ac z iN THE SW 1/4 SECTION 12 T2S,Rl%, 4.V. 1100 1300 ! ! 2.79 Ac /8.48 As ! { { f LANE { ! z ! ! o z /zoo ! ! ~ .t3 Ac UL f I _ I ! Area Described in Exhibit "A" sw ASHFORD STREET Dorburn Pl.) 1400 .39Ac ! ! ' f { 5 r-' .L(,Ac. 00 j,o Ac 400 300 200 I u 184 Ac 3.&ZAc 3.47Ac { � 1 � i 700 i v /.3.TAc I ! S i v Soo i � 413 Ac { { I S,w CHURCHILL WAY ! i -� 1100 Q2.39 Ac I BOND /Zoo 1400 1500 1700 Aw STREET -91-Ar- L34Ac /.o2 Ac /.34 A c FT u M3.�D 1300 -N- .73 Ac 1600 3 -32Ac vi S.W. DURHAM ROAb 1" 200• MEMORANDUM CITY OF TIGAM, 0REGCN TO: Keith Liden, Senior Planner FROM: Randy Clanio, Develcpnent Services Managdr�� DATE: January 17,1989 St BJECr: Proposed SW 81st Avenue and SW Dorburn Place public access easement vactions On January 9,1989, the City Council initiated the process to vacate two unimproved public access easements known as SW 81st Avenue and SW Dorburn Place (see attached map). Council initiated both proceedings at the request of Titan Properties and Waverly Construction who recently received approval to develop two subdivisions in the area. These vacations appear to be necessay to allow both developments to proceed as approved. I've attached a copy of the report that went to Council should you need more background information. Per M and TMC requirements, the Planning Commission must review and make a recommendation reguarding the approval of these proposals. Council is scheduled to consider the proposals at their February 13,1989 meeting. Please set this item on the Caminission's January 24,1989 agenda. c E ;. ., _. , f � _. . i - � _ �_ ;.: � _ ,. . ;, i � �t��-,-�, ,C'<< 4 G ..r.,.. ...: -� „ .. ... � ..� MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Clarno 1/6/89 FROM: Cathy Wheatley f SUBJECT: Public Access Easement Vacations o S.W. Dorburn & S.W. 81st Randy, attached are the ads which will be published in the Tigard Times pending Council's approval of the resolutions on 1/9/89. Also is a form which I have used in the past to check-off the necessary steps to assure the vacation process was followed. Let me know how much involvement you'll need from the Recorder's office on these (i.e., same as in the past or do you want to notify utilities, etc.?) Thanks. ew CITY OF TWA` RD OREGON December 29, 1988 Mr. Stephen A. Bleak Titan Properties PO Box 6835 Aloha, OR 97007-6835 Subject: Vacation of Public Easements known as SW Dorburn Place and SW 81st Avenue Dear Mr. Bleak: On November 18, 1988, you requested that the City initiate proceedings to vacate a portion of what is known as SW Dorburn Place. This vacation appeared to be necessary to allow your recently approved subdivision (Langtree) to be fully developed. Prior to the November 18, 1988 request, Ken Waymire of Waverly Construction, the owner of property just north of Langtree, made a similar request involving what is known as SW 81st Avenue. Waverly's request also appeared necessary to allow development of their subdivision (Ashford Oaks II). At the time of these requests, I indicated to both you and Waverly that the public may not have any interest in these rights-of-way and a vacation action may not be necessary. In 1982, the Washington County Assessor's office notified the City that all of SW Dorburn Place and a portion of SW 81st Avenue were, in fact, easements and not public street rights-of-way. Subsequently, when both of the above plats were approved, it was assumed that adjoining properties would terminate the easements by means of obtaining quitclaim deeds or releases and not by a public vacation action. New questions raised about the status of the easements by you, Waverly Construction, and title insurance companies involved in recent property transfers have caused the County and City to study the matter more closely. The County has now informed me that the public probably does have interest in these easements, however, they are not considered public street rights-of- way. The City Attorney has also completed a review of the matter and agrees with the County's recent conclusions. A vacation action will be necessary to eliminate any interest the public may have in these easements. Therefore, since there may be public interest, I will send your's and Waverly's original vacation request to the City Council on January 9, 1988. All Council can do at this meeting is initiate the process and schedule a public hearing, probably for February 13, 1989. if approved at the hearing, the vacation would become final the 31st day after the hearing. 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 Mr. Stephen Bleak December 29, 1988 Page 2 Attached is a map which shows what portions of these easements will go to Council for vacation initiation. This should be consistent with your original request. If not, please let me know immediately. I have not included those portions of the easements that cover TL 200 (Gage property). Dorothy Gage indicated to me in a phone conversation last week that she was not sure if they wanted to be included in the vacation action. I suggested to her that now might be a good time if she felt the easements should be eventually eliminated. As I originally told you and Waverly Construction, the City does not charge a set fee for vacations, but rather charges the total cost of time and materials in processing the request. I estimate the cost of this action to be between $300 - $500. 1 will go ahead and process the paperwork immediately so we do not miss the January 9, 1988 meeting, however, I will need a $300 deposit before January 9, 1988. If you and Waverly want to split the cost, that would be fine. Once again I want to apologize for any confusion and delay caused in trying to resolve this matter. I am extremely aware of the importance of expediting this request for both you and Waverly Construction. Please give me a call if you have any questions. Sincerely, Randy S. Clarno Development Services Manager br/8555D c: Ken Waymire, Waverly Construction Mary Ann Diehl Mr. and Mrs. F. B. Nogle Dorothy Gage VICINITY MAP IN THE SW 1/4 SECTION 12 T2S, R1W, ,N.M. 1100 l3oo 2.79 Ac /8.98 At VA LANE z ID t- W � T Z F- 1200 W .f3 Ac d I- N cq Proposed Easement Vacations S.W. ASHFORD STREET t� t� 1400 .34Ac1 Lq (SW DORBURN PLACE) 400 .A.4 At. Soo 4oO 300 200 1 1.23 At L84 Ac 3.LZAc 3.97Ac- t z t > � t t � Toa 1 �" 600 I �� loon .84 At. t 1.13 Ac t 1 sw CHURCHILL WAY ki 1100 ( 4 1 2.39 AG 1 � 1 m �W BOND STRCET /200 )400 1500 1700 8b Ac 1.344c /.02 Ac /.34Ac 0 u w 13Do 3 -N- .73 At 1(,00 h •32Ac Vi S.W. DURHAM ROAD 1•'= 200' (4) That the particular portion of granted public easement proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part thereof. PASSED: This day of 1989. ATTEST: Mayor - City of Tigard Deputy Recorder - City of Tigard APPROVED AS TO FORK: City Recorder Date br/8564D RESOLUTION NO. 89- Page 2 tita, 11 STEPHEN A.BLEAK PROPERTIES CORPORATION PRESIDENT PROPERTIES ON 11 , '1988 P.O. BOX 6835 ALOHA,OR 97007-6835 v Z\nn 0 i 01,11 BUSINESS OFFICE 1503)684-6606 Fnr, h.-)Teri ts a brief letfiPt- to be signed by the adjacent land ',wners sa- ii!g that they agree to t.he. vacaticm p*Yncedul"'e- we have submitted f(-, the (' iA'v r)f Tigard . AP, vtm knf)i� there is confusi(-m between the C01,111ty 311d the City as i ,:-, rc.)ad . Neither jiir7srIi(7t7(,,n i-t- as a r(-)ad and the taxi nq a ,w -1 recognize does not; I)l r')-:)C.I-ty as pi'll) [ic property . '('herrn is a deed ill 1947 that qivor, t:ho pr(-)Pel-tv to the "Pilbl ic" . This de(,(71 was recorded }-iv the land (-)wnerq , tmt it was il(-)t accepted by tile county as I-)I J c. 1-()ad . The City of Tigat'd will vacate the road t-o allow its t_() dovelop the Property jii.st as a clarifying Procedure to be F'ml-o that the some cme in tile public, d(-)(-?S lint. (­1aim the I- tght: of across the future, hack v,-;IrdF' c)f ppc)Plo ' s hc.)n1eq . Thi .9 v;wa t i rm proce(J)"Ire d(-)ps not. distm_-J) the neightwirs) to the "orf-11 or s,,)utli c,f the parcel, because each property right: n(,,w owTns one half ''t t1w thus cliving act'ess' fl-cm] Ijall B cl 1-11('v a r d t.n their, i 110 i '-i 011a I properties . jt- will not. change the access to either the T'll ,ac k, Pl'()pe1Jy C)r to I-,I I o p I c)p o t-L y owner:s north o f the Black V).1 (-)1.)PY.tv f11-(')pprty will be givoll (lets wcc-,,ss for the north (--)f their I)T-cq)ot-tv in the new plat f(-)r %-c)tlr property plus, the,\, already have jmtlli. c. access nn the sottt.h side of their prf,-.)pk--rt-.v. If yr,i,i hate any questions pleasp r-,ill me c-Ir Mr . RAndy ("Jaranc) at (" i ()f Jiga.td as Ito ir, Stoplwti A . Bleats P.O. BOX 6835/ALOHA, OREGON 97007-6835/TELEPHONE(503)6R4-6606 tit PROPERTIES CORPORATION December 15 , 1988 Tigard City Council Cit.v of Tigard Gentlemen: yj 1 Kennethl?waymire/ am the owner of property boarding Dorborn Place in the City of Tigard . My property has received a preliminary plat known as Ashford Oaks W . I join with Titan Properties and the other land owners in the area in the request for the vacation of the road known as Dorborn Place. Very truly yours , Kenneth Way ire P.O. BOX 6835/ALOHA, OREGON 97007-6835/TELEPHONE(503)684-6606 tit PROPERTIES CORPORATION Dece-fn)-,)eY '13 , 1988 Tigard City Counsel. City of Tigard Gentlemen: We the undersigned are persons owning property connecting to a parcel of property known as S .W. D(-.)rburn Place . We do hereby approve of and support the matter before you requesting the vacation of S .W.Dorburn Place as a public road . Signed: 4 4ezoe�� V� �: owner of tax lot Wixited Address 006 owner of tax lot � 11/010 Printed address h10 owner of tax loth),/ Pr i n t Address Ak-,,,�- ezz,�-� lot -3co - owner of ta- Pr,-L'-nt,,ed 44 jqk Id -1111 AddressR1-14(4,r u�- ,6:hc,kn ;"U ,2,d f 1 P.O. BOX 6835/ALOHA, OREGON 97007-6835/TELEPHONE(503)6B4-6606 I Imm tit 1 PROPERTIES CORPORATION November 18 , 1988 Mr . Randv Clarno Development Services Manager City of Tigard PO Box 23397 Tigard, Oregon 97223 Dear Randv: Titan Properties Corporation is purchasing tax lots 300 , 400 , 500 , and 600 as shown on tax map 2S I 12CC as copy of which is enclosed herewith. The Northern boundary of this property shows a 50 foot road or easement for access . I am also enclosing a copy of a 1947 deed prepared by the owners giving this area to the public for a road. As you know we are going to develop the property into a subdivision known as Langtree Estates . We already have a preliminary plat for part of the property and will be coming to the City for a second phase on the other property. The taxing authority of the county considers this property a part of the tax lots and assesses the owners for the ownership. Because of our need to use the property in our plat we request the City to formally vacate this road at your earliest convenience. In our plat we will provide public access to the Northern part of tax lot 200 thus assuring all of the property is provided with public access . Please let me know if you need further information. Thank you for your assistance. Ver>r "t ruly yours , /S#ephen A. Bleak President cc: Mary Ann Diehl Irvin Black Transamerica Title RECEIVED NOV 1 8 1988 P.O. BOX 6835/ALOHA, OREGON 97007-6835/TELEPHONE(503) 6846606 T T . TBOU .--lF-VARD 0 NO WfOTH STATED) (OLD STATE HWN, -17) __AA-20190 ISO no 170 200 to W 0 a 0 C) C) to ce rig JE 170 U (P .0 0 to 0 tO t rt 0 250 178.5 400 0 cc 4% 0 0 0 cn 1\ 30028,w 199.98 178.46 NOO 3030"E 278A cA 0 0 M UN N 40 > Co -a 0 N003d30*E 778.4 R LZ OD to 0 0 JS 7 N iqo N OL N. NO*36 WE 8!St. 778,4 40' EASEMENT 337/575 AVENUE 47 40 63 r 50 19 40 4P 57. 'AI 94 100 0 ID 0 40 10 (p 0) i. co 0 _ 'LSI IZGB 60, PL/ACE { / / R, / 330.80` 200/ 160' 2CC:35 202.60 ' 222' 359 N 89'56' E N 890 56' E w 100 600 500 400 300 200 5.9/ AC. 55 AC. C 1.14 AC. 373 AC 3.78 AC. 3./5 AC. 30 w O n u 5 4 ��_j a N O 200' 0 0 v 'F 0 m 1' c 700 /.37 AC W m W oC o MC C in n :n O O O c c C13 c O V M m z. m. o n no On z n C 2 ( C.S. 9073) 1 1 ( C.S. 6 689) Q i— —_ o0 D S 89°56'W "J 4.6co C' N 359 mN i 1 800 1000 .84 AC. 3 SEE MAP //4 AC. 2S I IIDD o� 23co-74 EAST 359 p6.ga' I OD WEST 359' �/ 1100 900 45' 30 /.5/ AC: 95 A 30' " O m O_Kl C m O M O O N G N Qf 2 EAST \.891 56'E N 99°56 E 359' 237.70' 1 20263' 222' 3 30.80' 209' 150` 150' 150 292.03' 200' N 89°56'2,D"W 1200 1400 IF 1700 1800 1900 2000 .86 AC. /.37 AC /. _ AC. /37 AC 2.32 AC. L 46 AC. Z84 A n m n O m0 0-0 N pp r�Q O N z m LJ n w c 0 0 0 o C o �0 0 0 n ( C.S. 1806: i n n ^ r t- o _ n ( C S. 20188 ) v v o v a ^� o v v z z m Q- Q-