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93-015703 ~ Duval Street ~ 72nd Avenue certified to bi aTrus CON of 93015703 Origin Ion file Washington County � By: bty Rec rder•City of Tigard CITY OF TIGARD, OREGON falp. � � j� ORDINANCE NO. 93 - 03 AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW' DUVALL 8 STREET, LOCATED WEST OF SW 72ND-AVENUE, IN THE CITY OF TIGARD, 25 WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on December 8, 1992; and WHEREAS, This portion of SW Duvall 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 a portion of SW Duvall Street that is no longer needed for public use and because all abutting tax lots have been consolidated; and WHEREAS, the vestees of the adjacent land are not opposed -to this vacation; and WHEREAS, the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency services, have reviewed this vacation proposal and either have no objections or have recommended specific conditions of approval which have been incorporated into this ordinance; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all property owners .within 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 in writing; and WHEREAS, the Council having considered the request on January 26, 1993, finds that it is in the public interest to approve the request to vacate that certain portion of public street right-of- way for SW Duvall Street because the public interest will not be prejudiced by this vacation as provided by ORS 271.120 and TMC Section 15.08.130. - ORDINANCE 5.08.130.ORDINANCE NO_ 93- Q3 c RETURN RECORDED DOCUMENT TO: CITY RECORDER,CITY OF TIGARD 13125 SW HALL BLVD_ C _ ' TIGARD, OR 97223 THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION lo. 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 (map and legal description of area to be vacated) and by this reference made part hereof. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By UA &41,t rM 61.t-0 vote of all Council members present after being read number and title only, this 0ln{=p^ day of b , 1993. Catherine Wheatley, City Recorder APPROVED: This da o 1993. r aY s, M or Approved as to form: MJ - City Attorney l 2� -Cl Date ORDINANCE NO. 93--()3 Page 2 2 EXHIBIT "A" S W. I'FAFFLE ST. eP u, z W a uj v Q c N n BAYLOR ST. S.W. DUVALL STREE7- t S.W- CLINTON ST. A portion of S.W. Duvall Street located in Section 36, Township 1 South, Range 1 West of the Willamette N Meridian, Washington County, Oregon, and more particularly described as follows: STATE OF OREGON Being all of S.W. Duvall Street tying west of the SS west line of S.W.72nd Avenue and extending east 800 County of Washington feet more or less to the east tine of that parcel I,Jerry R.Hanson,Director of Assessment described in document number 92037793to Super Valu and Taxation and Ex-Officio Recorder of Con- to veyances for said county, do hereby certify Stores Inc., A Delaware Corporation on December 20, that the within instrument of writing was 1990 in Washington County deed records. received and recorded in book of records of said county. Jerry R. Hanson, Director of Assessment and Taxation, Ex- Officio County Clerk Lion : 9.3015703 3 Rect: 95174 48. 00 0.3/02/199.3 11 : 10: 17AM f AFFIDAVIT OF POSTING In the Matter of the Proposed 1(-,+1- of WAS v' ACA i iv►� E"Z—UA ' 5LJ 1-)OVAL-L- STP-E-" STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, L,En4A 1 HC)N\A5 being first duly sworn, on oath depose and say: That I posted in the following public and conspicuous places, a copy of Notice of Public Hearing of the cF- �Ut5 tc. ?=tG+t T of vAIj '' ACA_i a copy of said notice being hereto attached and by reference made a part hereof, on the c— day of - �Qy f\P , 19qS _- 00S I ED Ut l T►-\t�i 002TN iJF-5� C o2KIEZ c'F -114E 1"TE2S&CTIOO I0E- S—(, F- Sv,1 11✓ALZ S T, rMl(� Suj 77-1 AvE , 1pcs>r-c) ctL itAE SoLTFIWEST C-OiztE - OF "rh OFF �) PbS-reD co THE w ES(EQ_" EWD O : �L) DUVAL-(- S-F) APP i2c,4tMATFt_�A wES1 ©F •TR& I�TE� Ec"Clot`l 0P Sou n�v�E� ST. fin,tJ� Sw 7Z ASE , Name of PerscWi Who Performed Posting Subscribed and sworn to before me this �� day of , 19 . yo / Notary Publ for Oregon any � .,�-- ` My Commission Expires affpost N 0 T I C E O F S T R E E T V A C A T I O N NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT ITS MEETING ON TUESDAY, JANUARY 26, 1993 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: G. DAVIS NPO NO: 4 APPLICANT: GORDON DAVIS OWNER: CITY OF TIGARD 1020 TAYLOR BUILDING, SUITE 555 13125 SW HALL BOULEVARD PO BOX 8774 TIGARD, OR 97223 PORTLAND, OR 97207 REQUEST: RIGHT-OF-WAY VACATION G. DAVIS (NPO #4) A request that the City of Tigard vacate the entirety of the SW Duvall Street right-of-way. ZONE: C-G (General Commercial) The C-G zoning district allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, eating and drinking establishments, among other uses. LOCATION: The entirety of SW Duvall Street; from SW 72nd Avenue to the western terminus of SW Duvall Street. DATE PETITION WAS FILED: August 19, 1992 (See Map On Reverse Side) ANY WRITTEN OBJECTIONS OR REMONSTRANCES SHALL BE FILED WITH THE CITY RECORDER BY JANUARY 26, 1993, BY 7:30 P.M. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TEN CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER Ron Pomeroy AT 639-4171, TIGARD CITY HALL, 13125 SW HALL BLVD., TIGARD, OREGON 97223. W y i - .. "Ito 04 « w f I ,l fm • O N ./ O -p l_ • P O .q • W Ix b 1IxU N :g w or .0 co ' O N., •a •a Nu O o t ' 2 N ioff - _ 1 _ Zob go t x z, r N 310 MOD a..7 ...,r.-...as ... aNZL....a ..a,.06-04 woo � ,fN fYH ..«. tIla t '1 t 1 � 04set t t Ix �- • I 1 i -a • V J t -0 0 •- j _( 1 \ p t r t tai~ 09£ 1 51 031101 XV1 N 1 sees •j•••• .../t•.......t 17.0.. - s u — e r *viol COUNCIL AGENDA ITEM 3A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 8, 1992 DATE SUBMITTED: August 19, 1992 ISSUE/AGENDA TITLE: Initiation of PREVIOUS ACTION: None Vacation Proceedings for the entire Mnath of SW Duvall Stalbet PREPARED BY: Ron Pomeroy DEPT HEAD OR CITY ADMIN OR REQUESTED BY: Ed Murphy ISSUE BEFORE T E COUNCIL Should the City Council initiate vacation proceedings for the entire length of SW Duvall Street? STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution. ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- INFORMATION SUMMARY Gordon Davis, petitioner, is requesting that City Council initiate vacation proceedings for the entire length of the SW Duvall Street right-of-way (exhibit B) . The petitioner has stated that CUB Foods (through Supervalu Stores) has purchased all of the Duvall Street properties. They have completed moving or demolishing all of the homes along Duvall Street and a portion of the homes along SW 72nd Avenue. Washington County has recently consolidated the many tax lots on the future CUB Foods location, including all of the Duvall Street properties. Appropriate agencies shall be contacted for comments. Attachments: Exhibit A - vicinity map; Exhibit B - applicant's request; Exhibit C - site map. PROPOSED ALTERNATIVES 1. Adopt the attached resolution thereby initiating vacation proceedings and calling for a public hearing on January 19, 1993. 2. Take no action at this time. FISCAL NOTES All fees and staff costs shall be paid by the applicant. � A Q PFAFFLE 3 3 ST. N N 10, / S.W. ATLI Pueu ROALAY i Q 8AYLOR S.W. t Q I I I i I SNC DUVALL STREET I � / I I � � STREET NTON 4J I ppopOsfp a J 3 �`---UTH —_ --- EXTEN_SiON_=_ " o rc U -1 a � � - C U / ti El1/HU N aw. _ r O Cf -L HERNOSO WAY 3 S.W. L) I S_W- BEVELAND ST. 3 I 3 PHIL LEWIS N s.w. T Eich b i-71- 13 GORDON E. DAVIS I E 1020 TAYLOR BUILDING,SUITE 555 ' POST OFFICE BOX 8774A UG i 4 JCC` PORTLAND,OREGON 97207 503-248-1185 PROPERTY DEVELOPMENT SERVICES August 18, 1992 PUBLIC AFFAIRS CONSULTING STRATEGIC PLANNING Randy Wooley City of Tigard P.O. Box 23397 Tigard, OR 97223 RE: Vacation of Duvall Street Dear Randy: This letter is a formal request to vacate Duvall Street for its entire length, west of 72nd Avenue. As you know, CUB Foods (through SuperValu Stores) has purchased all of the Duvall Street properties. We have now completed moving or demolishing all the homes along Duvall Street and 72nd Avenue. We have also been working with Washington County to consolidate the many tax lots on our total property, including all of the Duvall Street properties. That consolidation has dust now been completed. We would now like to begin the vacation process for Duvall Street. As I mentioned yesterday, we expect to submit our development plans for the property within the next 30-45 days and would like to have the vacation process underway. Enclosed are the new tax maps from the county and a check for$300 which I understand is the vacation fee. Please let me know if there is any additional information you n to proceed with this request. Sincerely, Gordon E. Davis, for SuperValu Stores c: Paul Simmons Roy Priest .$. 4, _ W N :: ara. t•e�s - •rtic - - - wte S et �feve 40 e toCY YOj I u 10 8N�1 40.06 V costs t� L ,tt0 LtdI W w on "' I I • OI�— + ar N ,g I S& N 7' v jt O 0 0 Imo` I J a V I /M1�ff _ 'o N114n ( �• Q 111••4[ -f m e a 40 I I Ltl ^ . - al I Oct Op e N I H a to • O I—� ro Qp I �y I I�.t O♦ e t LLQ C ( I ]l ct•tn •- T se ( 4t a Bras 1'1` • •-.t�, Mt YOy a cs am Iwaolnla�o» Mt7 411ya1^. -acs ss� nwoa ,o�114 [4.69-u v44 .'aa 9-1 t'0O1 t•tol t 41(11..-ta [!(tt I I - •oft I� ^ cc �d I w I { -v 5 �!r o N y1 4v a9£ I Si w o o to _� I _ no N 3 031101 XVl 1 - — 1141'Ola ta•tt1 "'got t-11ol t 1101 i til ..o-.00 4[.A..•Oa.a.[ CL p a u CITY OF TIGARD, OREGON RESOLUTION NO. 92- A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW DUVALL STREET, BETWEEN THE INTERSECTION OF SW DUVALL STREET AND SW 72 AVENUE AND CONTINUING TO THE WESTERN TERMINUS OF SW DUVALL STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. ------------------------------------------------------------------- WHEREAS, this portion of SW Duvall Street is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, SW Duvall Street, in the vicinity of the area proposed for vacation is no longer needed; and WHEREAS, the property owner(s) will be required to provide easement(s) for access and any utilities located within the area proposed for vacation; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) 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 (2) A public hearing is hereby called to be held by the City Council on Tuesday, January 19, 1993, 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 right-of-way; and (3) The City Recorder be, and (s)he is hereby, authorized and directed to cause tohave 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 December 31, 1992 and the final publication to be on January 7, 1993. The Recorder be, and (s)he is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated; and RESOLUTION NO. 92- PAGE 1 • ` + (4) That the particular portion of granted public right-of-way to be vacated is shown on the attached sheet labeled Exhibit "B" and by reference made a part thereof. PASSED: This day of , 1992 . ATTEST: Mayor - City of Tigard City Recorder - City of Tigard RESOLUTION NO. 92- PAGE 2 CITY OF TIGARD, OREGON RESOLUTION NO. 92-6�& A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW DUVALL STREET, BETWEEN THE INTERSECTION OF SW DUVALL STREET AND SW 72 AVENUE AND CONTINUING TO THE WESTERN TERMINUS OF SW DUVALL STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. ------------------------------------------------------------------- WHEREAS, this portion of SW Duvall Street is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, SW Duvall Street, in the vicinity of the area proposed for vacation is no longer needed; and WHEREAS, the property owner(s) will be required to provide easement(s) for access and any utilities located within the area proposed for vacation; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: ( 1) 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 (2) A public hearing is hereby called to be held by the City Council on Tuesday, January 26, 1993, 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 right-of-way; and (3) The City Recorder be, and (s)he 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 7, 1993 and the final publication to be on January 14, 1993. The Recorder be, and (s)he is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated; and RESOLUTION NO. 92_5�4 PAGE 1 (4) That the particular portion of granted public right-of-way to be vacated is shown on the attached sheet labeled Exhibit "B° and by reference made a part thereof. PASSED: This eh day of QQCa*yl� 1992 ATTEST: ouncilPresident - City of Tigard l�t� 19 CityRecorder - City of T' and RESOLUTION NO. 92-,5&& PAGE 2 NOTICE OF PUBLIC RIGHT-OF-WAY VACATION HEARING A PORTION OF SW DUVALL STREET The Tigard City Council will hold a public hearing on Tuesday, January 26, 1993, at 7:30 p.m. at the Tigard City Hall, Town Hall Room, 13125 S.W. Hall Boulevard, Tigard, Oregon, to consider the proposed vacation of a portion of S.W. Duvall Street between the intersection of S.W. Duvall Street and 72nd Avenue and continuing to the western terminus of S.W. Duvall Street. The request was initiated by the City Council on December 8, 1992 on behalf of Mr. Gordon Davis. Any interested person may appear and be heard for or against the proposed vacation of said public right-of-way. Any written objections or remonstrances shall be filed with the City Recorder by January 26, 1993, by 7:30 p.m. TT Publish: January 7 and 14, 1993