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99-095243 ~ Franklin Street ~ 69th Avenue ~ 70th Avenue Sl OF OREGON County of Washington SS I, Jerry E i nst ro r_of Assess- ment and n and i+�io County Clerk for kd�gr €y,0or�i mortify that the withjilrttnen pvrrrr was received and rer [fa k� ol �i rd"160dssof said county�a §' 9e S $ h fe ar f o 131rector of s�simerrt fi"Taxation, Ex- ( o1p Ciounty Clerk Doc : 99095243 Rect: 2.37844 97.00 08/13/1999 10: 37: 28am 1 -5 r RETURN RECORDED DOCUMEN' CITY RECORDS SECTION, CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 CITY OF TIGARD,OREGON ORDINANCE NO.98- a 1 AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW FRANKLIN STREET BETWEEN SW 69TH AVENUE AND SW 70TH AVENUE 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 on July 28, 1998 and has been recommended by the Community Development Department; and WHEREAS, the right-of-way for SW Franklin Street had previously been dedicated to the public; fJ and WHEREAS,the City approved a Site Development Review(SDR 94-0004) for the development of ® the Hampton Park Apartments; and z WHEREAS, this development did not provide for the extension of SW Franklin Street through the dproperty; and C) WHEREAS, the approximately 13,140 square feet of public right-of-way being vacated is not necessary,as the road could not be extended further due to the existing development; and WHEREAS,the surrounding properties will continue to have access to public right-of-way; and WHEREAS, the vacated right-of-way will be incorporated into a development proposal which will dedicate and improve SW Beveland Street from SW 70th Avenue to SW 69th Avenue; and WHEREAS, SW Beveland Street is shown as a local collector on the Tigard Triangle Plan and `? thus, desired as a through street; and F J WHEREAS, all affected service providers, including utility companies and emergency service 0providers,have reviewed the vacation proposal and have provided no objections; and v � R EWHEREAS, notice has been mailed to all property owners abutting said vacation area and all i= owners in the affected area,as described by ORS 271.080; and c � WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and k X WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS,the City Council having considered the request on September 8, 1998 finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS,the Council finds that the following conditions are necessary to vacate said land: ORDINANCE No.98- a 1 is\citywide\ord\vacfrnk2.ord Page 1 of 2 08/28/98 11:00 AM 1. The proposed Specht Development entitled "Tigard Triangle Master Plan", shall be approved prior to final vacation of SW Franklin Street; and 2. As part of the proposed development, SW Beveland Street shall be dedicated and improved from SW 69th Avenue to SW 70th Avenue. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 13,140 square feet of public right-of-way as shown and described on the attached Exhibits A and B (map and legal description of the area to be vacated), and by this reference,made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1. The proposed Specht Development entitled "Tigard Triangle Master Plan", shall be approved prior to final vacation of SW Franklin Street; and 2. As part of the proposed development, SW Beveland Street shall be dedicated and improved from SW 69th Avenue to SW 70th Avenue. SECTION 3: 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 U 1)U'k n'x)"vote of all Council members present after being read by number and title only,this day of , 1998. Catherine Wheatley, City R66order 1 APPROVED: By Tigard City Council this X7{�day of , 1998. J icoli, ayor A proved as to form: Certified to be a True Copy of UY Attorney JOriginal on file ' TgoAd WIj �&�1't I n.A- Date By' City Recorder- City of Tigard Hate: ORDINANCE No.98- �21i:\citywide\ord\vacfrnk2.ord Page 2 of 2 3 08/28/98 11:00 AM EXHIBIT A Iwo aa s2oo - Z wwr O mm aot 800 4000 22 77771,777 Z 4200 8 J 4.w0 4500 Q. � A U SST Q100i 0300 8200 0100 2201 '2200 2300 LL • % O >- WOO = BLOCK 30 BLOCK U e7a0 woo ILW. BEWLAN0 SWEI tSU 11I71U 7600 CASE NOW CASE MUM: Franklin Street SITE PLAN Public WIBIT MAP Right-of--Way Vacation 06/08/98 11:28 G 8 L LAND SURVEYING - 5032202480 N0.655 002 EXHIBIT B LEGAL DESCRIPTION FOR VACATION OF A PORTION OF SW FRANKLIN STREET A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Records located.in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street), in said plat being more particularly described as follows: Beginning at the Northwest corner of Block 30 of said plat; Thence N 00°00'00" E, along the easterly right-of-way line of SW 70th Avenue (German Street), 60.00 feet to the Southwest comer of Block 21 of said plat; Thence leaving said easterly right-of-way line N 90°00'00" E. along the southerly line of said Block 21, 219.00 feet to the Southeast corner thereof and a point on the westerly right-of-way line of SW 69th Avenue (Washington Street); Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast comer of said Block 30; Thence leaving said westerly right-of-way line S 90000'00" W. along the northerly line of said Block 30, 219.00 feet to the Point of Beginning. Containing 0.30 acres more or less. This legal description along with the basis of bearings thereof, was established from the Plat of "West Portland Heights", Washington County Plat Records. s COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE(503)684-0360 Notice TT 9 213 BEAVERTON,OREGON 97075 Legal Notice Advertising • • ❑ Tearsheet Notice City of Tigard 013125 SW Hall Blvd. • ❑ Duplicate Affidavit Tigard,Oregon 97223 • • Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ass. I, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theT;garrl—T„a 1 atin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tia rr3 in the aforesaid cou t*,; y- H a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for TWO successive and consecutive in the following issues: August 20,27 ,1998 Subscribed and sworn to ore me this27th day of August,1998 ---- OFFICIAL SEAL GcRDBIN A. BURGESS d." i ' Nota Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT - Y VACATION< >FRANKLIN STREET PC RIGIiT-OF-VK�?►Tuesday,SePtem- Council will hold a,public hearing.q The Tigard City at the'Tigard City Half;Town Hall'Rothe om, ber 8, 1998,at 7:3b P•M•� Ti ard, Oregon 97223, to cOr ,ht-of- 13125 SW Hall Boulevard, ate y 13,140 square feet of public rig proposed vacation of app 1998. v,,a on SW Franklin Street between FII.E JUNE a venue and SW 70t Avenue.DATE PETITION W s e 4 A T`179213—Publish August 20,27, 1998. Council initiated this vacation at a public meeting held on July 28, 1998 (See Exhibit D, Resolution No. 98-41). Specht Development requested that the City Council vacate the portion of Franklin Street right-of-way between SW 69th Avenue and SW 70th Avenue. This right-of-way is un-improved. The property on the west side of SW 70th Avenue received approval for construction of the Hampton Park Apartment complex (SDR 94- 0004). The Hampton Park Apartments did not provide for the extension of SW Franklin Street through the property. The existing development prohibits extension of Franklin Street west of SW 70th Avenue. Specht Development proposes to construct a multi-building office complex and wishes to incorporate the existing SW Franklin Street right-of-way into the development. The development proposal will involve the dedication and improvement of SW Beveland Street, as well as, the improvement of SW Dartmouth Street, SW Elmhurst Street and SW 69th Avenue. SW Beveland Street is listed as a minor collector street on the Tigard Triangle Street Plan and will provide for "through" connections consistent with the Tigard Triangle Street Plan. The Tigard Triangle street spacing standards will continue to be met after the vacation of SW Franklin Street provided that SW Beveland Street is dedicated and improved. Because a formal site development review application has not been approved as of yet, staff is recommending that a condition be placed on the vacation that the Site Development must be approved and SW Beveland Street dedicated prior to the vacation becoming final. If these conditions are required and met, the City can be sure that the vacation of the street is tied to the proposed development. Given the improvements and connections that will be created as part of this development and the fact that SW Franklin Street can not be extended to the west, the vacation is warranted. All affected service providers, including utility companies and emergency service providers have been notified of the proposed vacation and have offered no comments or objections. No utilities have been reported within the right-of-way to be vacated. • Letter from Mike Robinson was received and distributed to Council Staff Recommendation: Approve the proposed street vacation, with conditions, by adoption of the attached Ordinance. CITY OF TIGARD,OREGON ORDINANCE NO.98- a 1 AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW FRANKLIN STREET BETWEEN SW 69TH AVENUE AND SW 70TH AVENUE 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 on July 28, 1998 and has been recommended by the Community Development Department; and WHEREAS, the right-of-way for SW Franklin Street had previously been dedicated to the public; and WHEREAS,the City approved a Site Development Review(SDR 94-0004) for the development of the Hampton Park Apartments; and WHEREAS, this development did not provide for the extension of SW Franklin Street through the property; and WHEREAS, the approximately 13,140 square feet of public right-of-way being vacated is not necessary,as the road could not be extended further due to the existing development; and WHEREAS,the surrounding properties will continue to have access to public right-of-way; and WHEREAS, the vacated right-of-way will be incorporated into a development proposal which will dedicate and improve SW Beveland Street from SW 70th Avenue to SW 69th Avenue; and WHEREAS, SW Beveland Street is shown as a local collector on the Tigard Triangle Plan and thus, desired as a through street; and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS,the City Council having considered the request on September 8, 1998 finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS,the Council finds that the following conditions are necessary to vacate said land: ORDINANCE No.98- a I is\citywide\ord\vacfrnk2.ord Page 1 of 2 08/28/98 11:00 AM 1. The proposed Specht Development entitled "Tigard Triangle Master Plan", shall be approved prior to final vacation of SW Franklin Street; and 2. As part of the proposed development, SW Beveland Street shall be dedicated and improved from SW 69th Avenue to SW 70th Avenue. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 13,140 square feet of public right-of-way as shown and described on the attached Exhibits A and B (map and legal description of the area to be vacated), and by this reference,made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1. The proposed Specht Development entitled "Tigard Triangle Master Plan", shall be approved prior to final vacation of SW Franklin Street; and 2. As part of the proposed development, SW Beveland Street shall be dedicated and improved from SW 69th Avenue to SW 70th Avenue. SECTION 3: 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 U 1)(01'W)uusvote of all Council members present after being read by number and title only,this ' day of , 1998. Catherine Wheatley, City R order APPROVED: By Tigard City Council this L4 day of , 1998. ex` i coli, ayor A proved as to form: UY r Attorney Date ORDINANCE No.98- is\citywide\ord\vacfmk2.ord Page 2 of 2 08/28/98 11:00 AM EXHIBIT A 0000 5100 5200 Z WE27 O CO Nm 4M 5500 a0t 800 4000 V stoat m su zs am Z 77777=1, ,21A Z a 4300 4500 5700 , -� o I�,1n1�1D � C" E//!//./////1!1!1////.!//// &U fRA KLJN SWMI0 5300 91001 •••• s 8200 a�v0 1000 i 2201 2200 2300 O i d $ d 7700 , CID5500 �- BL= 30 U a700 am '1M 7600 a-� �xi1u+o a� 0000 CASE NOW&CASE NAMEISI: Franklin Street SITE PLAN Public . I B IT MAP Right-of--Way Vacation 9bi08i98 11:28 G & L I -ND SURUEY I NG -+ 5032202480 N0.655 002 EXHIBIT B LEGAL, DESCRIPTION FOR VACATION OF A PORTION OF SW FRANKLIN STREET A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Records located.in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street), in said plat being more particularly described as follows: Beginning at the Northwest corner of Block 30 of said plat; Thence N 00°00'00" E, along the easterly right-of-way line of SW 70th Avenue (German Street), 60.00 feet to the Southwest comer of Block 21 of said plat; Thence leaving said easterly right-of-way line N 90°00'00" E, along the southerly line of said Block 21, 219.00 feet to the Southeast comer thereof and a point on the westerly right-of-way line of SW 69th Avenue (Washington Street); Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast comer of said Block 30; Thence leaving said westerly right-of-way line S 90000'00" W. along the northerly line of said Block 30, 219.00 feet to the Point of Beginning. Containing 0.30 acres more or less. This legal description along with the basis of bearings thereof, was established from the Plat of "West Portland Heights", Washington County Plat Records. Agenda Item No. Meeting of—I D�a7 TIGARD CITY COUNCIL MEETING MINUTES - SEPTEMBER 8, 1998 • STUDY SESSION > Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; City Recorder Catherine Wheatley; City Engineer Gus Duenas; City Attorney Tim Ramis; Public Works Director Ed Wegner; Administrative Risk Analyst Loreen Mills; and Community Development Director Jim Hendryx. > AGENDA REVIEW Bill Monahan, City Manager, • Announced that Don Wheeler and Steve Meagher would talk about Train Day during the regular session. • Noted the two opportunities on September 28 for the public to give input on the proposed study boundaries and other issues of the Washington Square Regional Center planning effort. • Referenced written testimony received from Mike Robinson of Stoel Rives regarding the vacation of SW Franklin Street. Cathy Wheatley, City Recorder, noted corrections to the agenda. Mr. Monahan mentioned that tonight a citizen Political Committee might request that the Council send to the voters the question of whether the City should move forward towards Willamette River water. He said that he asked Tim Ramis, City Attorney, to research the matter. Mr. Ramis stated that the Council had broad authority to put almost any matter on a ballot for an advisory vote but not necessarily a mandatory vote. He explained that the courts distinguished two categories of questions: legislative and administrative. Legislative involved broadly applicable laws whereas administrative involved the implementation of law. He said that the Council could put this question on for an advisory vote but probably not a mandatory vote because the question of where to get water was an administrative question. Mr. Ramis mentioned that there was no case law involving water location but there was case law involving parks location and similar things on property rights which he thought was a good analogy. He concluded that the case law supported the decision as administrative. Mayor Nicoli commented that Commissioner Sten had asked Tigard at their last meeting to hold off on making a decision until the Portland study was in. He said that since the Portland study was due out at the same time as their study, they agreed to wait. He contended that it did not make sense to make a decision until all the information was in or to ask the voters to vote on an issue without knowing the facts. . Councilor Scheckla asked if this citizens group would be willing to pay the costs to put this question on the ballot. Mr. Monahan said that was not discussed. He reported that, on the occasions when this issue was raised at the water forum and CIT meetings, staff has Tigard City Council Meeting Minutes— September 8, 1998 —Page 1 consistently said that while the Council could ask for an advisory vote, the Council was still the decision-making body on the issue. Councilor Scheckla expressed concern at setting a precedent. Mr. Ramis said that, generally speaking, local governments did not ask for advisory votes. Councilor Scheckla asked what the difference was between a survey and an advisory vote. Mr. Ramis said that some people might argue that a vote of the people had more political impact than a survey. He commented that as a sample of public opinion, a vote might be less accurate than a survey. Mayor Nicoli said he opposed a vote until all the facts were on the table. He pointed out that efforts to put this question on the Portland ballot through petition have failed. Councilor Rohlf concurred with waiting until all the facts were in. Councilor Moore asked how this question would get on the ballot. Mr. Ramis indicated that asking the Council to send it to the ballot was probably the most realistic alternative, since initiative petition was for legislative items, not administrative. > POLICE REMODEL DISCUSSION Mr. Monahan reported that the bids for the next stage of the 10-year police remodel came in high. Staff recommended rejecting the bids and culling out elements from the RFP to send out for a second bid but they wanted Council input on which items to pull out. He reviewed the security and other concerns with the two main sections of the lobby. He spoke to building a glass wall with an activated door between the sections as part of the police remodel in order to address these concerns. Gus Duenas, City Engineer, mentioned that the replacement windows needed in the police department building had also been part of the original RFP. Mr. Monahan explained that staff decided to include the police building windows in this package, since it was a police building remodel, but they could be included in the library package (for windows). Mr. Duenas said that Russ Hansen, the architect working on the library roof project, reported water under the membrane of the roof over the police building. He stated that it was an expensive item, and not part of this police remodel plan, but it did need to be looked at. Mr. Monahan asked if Council wanted staff to return with a proposal for the roof, the windows, and interior glass or wait until after November to make a decision. Councilor Moore supported waiting until after November to see what happened. Mayor Nicoli spoke to declaring an emergency and moving forward immediately on repairing the roof or they could lose the shell of the building. He said that waiting until November was too late because they would then have to wait until June or July until the roof dried out before they could do the work. Ed Wegner, Public Works Director, suggested adding the police building roof to the contract for the library roof, as that contractor has already started work. Councilor Scheckla spoke to getting more information before they committed a lot of money. Mr. Monahan reiterated the staff recommendation to reject the first bids. He suggested asking the library roof contractor to ascertain the extent of the police building roof problem. Staff would then return to Council with a report and cost estimates. He said that staff could talk with the contractor about adding on the police building windows. They would hold off on the interior wall until November. The Council agreed by consensus with Mr. Monahan's suggested Tigard City Council Meeting Minutes—September 8, 1998 —Page 2 course of action. > CONTRACTOR DEFAULT Mayor Nicoli asked for a status report on the Bull Mountain project. Mr. Duenas said that staff sent a letter to the bonding company reporting the contractor in default but they have not heard back from either the company or the developer. Councilor Scheckla spoke to putting pressure on the developer. Mr. Ramis explained that the bonding company usually did that. Councilor Scheckla expressed his concern that this situation was dragging on for a lengthy time period. > COUNCIL LIAISON ROLE Mr. Monahan reported that Councilor Scheckla raised a question about the liaison role of Councilors with regard to stating the Council's position on key issues. He said that he understood.the language to mean that the Councilor was to represent the position of the majority of the Council, regardless of the Councilor's personal position. Councilor Scheckla asked for clarification on Councilors returning to the Council for input on key issues. He reviewed his strategy in working with the Affordable Housing Committee, a group that worked hard to reach compromises on contentious issues. He explained that he felt it important to let the group hammer out the issues themselves and then present the total package to Council. Councilor Rohlf commented that he felt comfortable with Councilor Scheckla's strategy, as he believed that Councilor Scheckla knew what the feelings of the Council were in general. He indicated that he was confident that Councilor Scheckla would return to the Council for direction on an issue that he felt uncomfortable making a decision on. Councilor Moore indicated that he trusted Councilor Scheckla's decision-making ability also in representing the Council's position. > TRAIN DAY Mayor Nicoli introduced Don Wheeler, President of the Pacific Rail Preservation Association. Mr. Wheeler explained the cause of the breakdown in Engine#700 and its repair. He presented pictures documenting the use of the train at various group events and pulling freight trains. He reviewed their schedule to get the engine ready and in place for display on Train Day. He said that they intended to have someone on the engine 24 hours a day for security purposes. Mr. Wheeler recounted the history and specifics of Engine #700, built in 1938 for the Spokane/Portland/Seattle Railway and used to haul the Empire Builder between Portland, Vancouver, and Spokane until its retirement in 1956, and donation to the City of Portland for display in Oaks Park. He said that in 1988 serious restoration work began on the engine, funded by a$50,000 grant from Burlington Northern, and in May 1990, his group performed a successful test run up to Longview and back. Mr. Wheeler said that the 440-ton engine averaged 15 gallons per mile on its crude oil fuel with every gallon of fuel burned converting 100 gallons of water into steam. The 6000 pounds of fuel in the tender lasted 300 miles. He reviewed the various fund-raising methods of this all volunteer organization, which relied heavily on donated materials and labor. He explained that they traded use of the engine to haul passenger or freight trains for the railroad companies in exchange for track time for revenue passenger runs. Mr. Wheeler mentioned their work with the Pacific Northwest Chapter of the National Railway Tigard City Council Meeting Minutes—September 8, 1998 —Page 3 Historical Society (which ran the trolley from Lake Oswego to Portland) at various events. The Historical Society owned passenger cars but no engine and the Preservation Association owned the engine but no passenger cars. He pointed out that at these events, both groups educated people about railroad history in general, and Operation Lifesaver in particular. Mr. Wheeler explained the organizational structure of the Pacific Rail Preservation Society. He said that between 16 to 20 people came down regularly on Wednesday nights or Saturdays to perform routine maintenance and repairs on the engine. He said that these volunteers came from all walks of life and provided a breadth of skills and knowledge important to this work. > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 7:30 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h)to discuss labor relations, real property transactions, current and pending litigation issues. > Mayor Nicoli adjourned the Executive Session at 7:35 p.m. 1. BUSINESS MEETING 1.1 Call to Order- City Council& Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:35 p.m. 1.2 Roll Call Councilors Moore, Mayor Nicoll, Rohlf, and Scheckla were present. .1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA Jack Polans, 16000 SW Queen Victoria Place, King City, raised a series of technical questions regarding the Menlor Water Reservoir. He expressed concern about the longevity of a particular part used in the tank. He also asked if the City had promised to the adjacent homeowners a park on that site or if the City would grant permits to build three residential homes. Mayor Nicoli noted that the Council did not have the expertise to answer most of Mr. Polans' questions. He directed Mr. Polans to submit those questions to staff who would answer them. In response to Mr. Polans, Mayor Nicoli explained that the staff person with that technical knowledge was not present tonight, and suggested that, in the future, Mr. Polans present his questions to staff in advance. Mayor Nicoli said, in regard to the question on a park, that the City had purchased more land directly up hill of the reservoir land to use as a City park in the future. He commented that the park would not be developed immediately as it was outside the City limits at this time. Mr. Monahan mentioned that the Menlor Reservoir project report was scheduled for the October 13 meeting. Bill Kirby introduced himself as a candidate for judge in the Washington County Circuit Court. He reviewed his background and qualifications for the position. Tigard City Council Meeting Minutes— September 8, 1998 —Page 4 3. PROCLAMATION Mayor Nicoli noted the proclamation urging the City of Tigard to get ready for the Year 2000 Census. 4. CONSENT AGENDA Councilor Scheckla questioned accepting one of the two bids that came in for Item 4.6a, since both were high. Mr. Duenas explained that staff recommended accepting the lowest bid as they felt it was reasonable. He said that if they waited and re-bid the project next year, the costs might be higher and it would delay the project. He agreed that the second bid for$180,000 was out of line but held that the $95,000 bid was within a reasonable range. Councilor Rohlf asked why staff requested to increase the budget for that project to $105,000 if the bid came in at $95,000. Mr. Duenas explained that the $105,000 included contingency funds to cover any surprises discovered during the undergrounding work on this project. He said that any funds not used would go back into the general fund. Motion by Councilor Rohlf, seconded by Councilor Moore, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Councilors Moore, Mayor Nicoli, Rohlf, and Scheckla voted "yes.") 4.1 Approve Council Minutes of. July 18, 1998, and August 11, 1998 4.2 Receive and File: a. Tentative Agenda b. Council Calendar 4.3 Approve Resolution Establishing the Policy of the City Council Concerning the Liaison Role of a Council Member Assigned to a City Appointed Task Force and to Intergovernmental Groups - Resolution No. 98-47 4.4 Approve a Resolution Revising the Policy of the City Council Regarding Council Groundrules - Resolution No. 98-48 4.5 Approve Budget Adjustment No. 4 for Downtown Parking Improvement at Former Feed Store Lot(now City of Tigard Property) -Resolution No. 98-49 4.6 Local Contract Review Board a. Award Contract for the Construction of Tigard Street Parking Lot to MH Construction b. Approve Contract for the Raw Water Monitoring Study to Montgomery Watson c. Approve the Purchase of Five (5) Police Vehicles from Gresham Ford 5. VISIONING UPDATE Loreen Mills, Administrative Risk Analyst, reported on the first year progress in implementing the Tigard Beyond Tomorrow Vision Program. She said that in the Public Safety target area, there were now 50 Neighborhood Watch programs in place in the City with enhanced training and recruitment by the police department. She mentioned the work of the Chamber and the City to research the interest in a Business Watch program. Ms. Mills reported that in the Community Character and Quality of Life target area, the hiring of Tigard City Council Meeting Minutes— September 8, 1998 —Page 5 a Volunteer Coordinator has served to expand their volunteer program significantly at the City and in coordination with the School District. She mentioned Train Day as a community event that helped foster a sense of community in Tigard. Ms. Mills mentioned the Washington Square Regional Center Task Force, created by the Council, as part of meeting the Growth and Growth Management target area goal to address growth while protecting the character and livability of the surrounding area. She said that the Task Force has met three times and developed their guiding principles for reviewing the regional center. Ms. Mills reviewed the partnership efforts between the City and School District, as requested in the Schools and Education target area. These included a before school program for 100 plus middle school children, and the addition of over 40 new recreation classes to their fall program (including more programs for adults). She referenced the brochure published by Kids & Company/Tualatin Parks &Recreation. She mentioned the joint School District-City Library "homework bus"program at the middle schools to promote homework research and to enhance the skills of middle school children in their homework activities. Councilor Scheckla asked if the program included private schools. Ms. Mills said that it did not at this time but that was something that they could look at. Ms. Mills reviewed City staff work on the Transportation and Traffic target area. She mentioned traffic safety projects, such as the upgrade of Gaarde Street between 99W and Walnut Street to a major collector, the continued installation of speed humps in neighborhoods, and the new Community Development Code provision prohibiting direct access on to minor collectors from neighborhood streets. She noted traffic flow improvement projects, such as discussions between Tigard and Beaverton regarding the Murray Boulevard extension to the Walnut Street/Barrows Road intersection, and the traffic counts taken by staff in order to provide realistic data to Metro regarding the traffic impacts on Tigard from traffic coming in from the McMinnville-Newberg-Sherwood area for use in future regional traffic projections. Ms. Mills addressed the last target area of Urban and Public Services. She mentioned the citizens group looking at creating a recreation district, and Kids & Company who worked with the School District to develop an ongoing recreation program until a recreation district decision was made. She reported that during the summer quarter they had 270 participants and hoped for more in the fall with the expanded programming. She pointed out that Tigard's participation in developing a water source for the region, including Tigard, came out of the Visioning process as well as from City Council work. She mentioned articles on water conservation and quality published in Cityscape. Councilor Rohlf noted that conflict between the Library Board's decision not to pursue fee- based programs and the Vision Task Force's action measure to provide enhanced services for fees while maintaining the non-fee basic programs. Ms. Mills explained that the Vision Task Force had been concerned that funding reductions from Measures 47 and 50 would decrease the library's ability to offer new services. She explained that the Library Board found that the Library could provide basic services and expanded programming without requiring a fee. Councilor Scheckla asked for an update on the Murray Boulevard extension discussions with Beaverton. Mr. Duenas reported that Beaverton was studying the possibility of a five-lane facility to connect Murray Boulevard to Walnut Street. He mentioned a development application at Beaverton to develop the property between Scholls Ferry and Barrows Road which played into the decision Beaverton needed to make on where to locate the town center. He said that a five-lane facility would be needed if Beaverton located the town center there but Tigard City Council Meeting Minutes—September 8, 1998 —Page 6 the road would go to three lanes at Walnut. Mr. Duenas mentioned that Tigard staff insisted that the Murray Boulevard extension be a direct connection, rather than incorporating a jog onto Barrows before reaching Walnut. 6. TRAIN DAYS UPDATE Don Wheeler, President of Pacific Rail Preservation Association, reviewed the history of Steam Engine#700 that was maintained and operated by the 80 volunteers in the Preservation Association. He mentioned the successful repairs recently completed, assuring Tigard that the engine would be ready for display on Train Day. He noted the importance of the railroads in developing the United States as a country. He said that, in addition to railroad history, they educated the public regarding Operation Lifesaver: Stop, Look and Listen. He explained that a 440-ton engine pulling a 3000-ton train at 50 mph took at least a mile to stop. He said that the engineer could not see through the boiler to the other side of the train and therefore, depended on auto traffic to stop because he could not. Mr. Wheeler thanked the Council for inviting them to participate in Train Day, to show the locomotive, and to talk about its history and Operation Lifesaver, especially to the children. Councilor Scheckla asked if the Preservation Association has ever had an accident while operating the equipment. Mr. Wheeler said that they had not had an accident with the locomotive since they restored it. He mentioned the extensive safety training done within their organization. He urged people, when crossing the tracks, to step over the rails, not on top of them, because the rails were slippery. Steve Meagher, Tualatin Elementary School Fifth Grade teacher, thanked the Council for their sponsorship and participation in the program. He mentioned the opportunity for train safety education as well as incorporating train history and principles of operation into their regular curriculum. Mayor Nicoli thanked Bob Melbo, General Manager for Willamette and Pacific Railway, for his cooperation in making this event happen. He mentioned that the diesel engine "Tigard"would also be on display. He invited the public to view the engines from 2:30 p.m. to dusk. Mr. Wheeler reviewed the Association's plans to bring the locomotive in on Wednesday, September 23, and ready her for display on Thursday and Friday, September 24 and 25. He mentioned the revenue passenger runs from Tigard to Hillsboro on Saturday and from Beaverton to Hillsboro on Sunday. He said that the engines would be on display in Beaverton on Monday and Tuesday. He said that they might display the engine at OMSI in December as part of the Holiday Junction display. Mr. Monahan mentioned the trains running between Wilsonville and Beaverton this Saturday to demonstrate future commuter rail. Mr. Wheeler said that#700 would be on display at the Beaverton Transit Center as part of the Westside Light Rail Grand Opening. 7. PUBLIC HEARING- VACATION OF A PORTION OF SW 66TH AVENUE APPROXIMATELY 13,679 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW 66TH AVENUE ADJACENT TO AND IMMEDIATELY SOUTH OF SW HAMPTON STREET IN THE CITY OF TIGARD a. Mayor Nicoli opened the public hearing. Tigard City Council Meeting Minutes—September 8, 1998 —Page 7 b. Declarations or Challenges: None c. Staff Report Mr. Duenas reviewed the history of this vacation request initiated by Council Resolution No. 98-40 on July 28. He said that staff reduced the amount of land originally requested (all the land west of 66"') because ODOT could not guarantee that it would not need to shift SW 66"' further west in the I-5/217 interchange project. He commented that they deemed it prudent to hold on to the land they were uncertain of but saw no reason not to vacate the land they knew would not be affected by the interchange project. If the land was not needed by the project, it could be vacated and sold in the future. He noted that ODOT agreed. He explained that the City would vacate the land to ODOT who in turn would sell the property to Wittla for their parking lot expansion. Mr. Duenas said that the Tualatin Valley Water District line mentioned by that agency would not be affected by this vacation. d. Public Testimony Mayor Nicoli read the procedures and criteria for the hearing. Jim Corliss viewed the map to insure that sufficient right-of-way remained to handle the traffic flow in the area. Mr. Duenas explained the sRecifics to him, noting that the Tigard Triangle Design plan called for the local street SW 66 at a 60 feet right-of-way. Councilor Moore asked why staff recommended vacating any portion of the land at this time instead of waiting to see how much they would need. Mr. Duenas said that Wittla wanted to expand its parking lot as soon as possible and was willing to settle for only a portion of what they asked for. He conceded that they did not have to vacate any land at all but reiterated that they saw no risk to the City in vacating this portion at this time and it would enable Wittla to do their project. Councilor Scheckla asked about setting a precedent. Mr. Duenas said that each request was reviewed on a case by case basis, and no precedent was set. e. Staff Recommendation Mr. Duenas recommended that Council approve the vacation as requested by staff in the attached ordinance. L Council Questions g. Mayor Nicoli closed the public hearing h. Council Consideration: Ordinance No. 98-20 Motion by Councilor Moore, seconded by Councilor Scheckla, to approve Ordinance No. 98-20. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 98-20, AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 13,679 SQUARE FEET OF PUBLIC RIGHT-OF-WAY OF 66TH AVENUE ADJACENT TO AND IMMEDIATELY SOUTH OF SW HAMPTON STREET IN Tigard City Council Meeting Minutes— September 8, 1998 —Page 8 THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion passed by unanimous roll call vote of the Councilors present. (Councilor Moore, Mayor Nicoli, Rohlf, and Scheckla voted"yes.") 8. PUBLIC HEARING-VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF A PUBLIC RIGHT-OF-WAY- SW FRANKLIN STREET a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges: None c. Staff Report Jim Hendryx, Community Development Director,mentioned the Council resolution initiating the vacation on July 28 (Exhibit B), as requested by Specht Development. He said that the right-of-way on this portion of SW Franklin Street between SW 69`"and SW 70"'was unimproved. He explained that extension of SW Franklin street west of SW 70t"was not possible due to existing development.' Specht Development proposed building a multi building office complex and incorporating the SW Franklin right-of-way into the development. He said that Specht would improve SW Beveland Street, effectively shifting the east west through street further to the south and replacing SW Franklin Street. He noted that SW Beveland was listed as a minor collector in the Tigard Triangle Street Plan. Mr. Hendryx recommended placing a condition on the vacation because Specht Development's application was not yet through the site development review process. The condition was that the site development application must be approved and SW Beveland Street dedicated prior to the vacation becoming final. He stated that the vacation was warranted, given the inability to extend Franklin Street to the west and the improvements and connections that would be constructed as part of the Specht Development project. Mr. Hendryx said that none of the agencies contacted had any comments or concerns and no utilities were involved. He noted a letter from Mike Robinson. d. Public Testimony Mayor Nicoll read the testimony criteria and procedures. There was no public testimony. e. Staff Recommendation Mr. Hendryx recommended approval as conditioned. L Council Questions g. Mayor Nicoli closed the public hearing h. Council Consideration: Ordinance No. 98-21 Tigard City Council Meeting Minutes—September 8, 1998 —Page 9 Motion by Councilor Scheckla, seconded by Councilor Rohlf, to adopt Ordinance No. 98- 21 with the conditions as recommended by staff. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 98-21, AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW FRANKLIN STREET BETWEEN SW 69TH AVENUE AND SW 70TH AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion passed with a unanimous roll call vote of the Council present. (Councilor Moore, Mayor Nicoli, Rohlf, and Scheckla voted"yes.") 9. UPDATE: MOSQUITO VECTOR CONTROL PROGRAM Mr. Wegner reported on the success of the mosquito vector control program initiated by the City last year in conjunction with Durham, Tualatin, and United Sewage Agency and conducted by Multnomah County Vector Control. He mentioned the $2,000 spent by Tigard over the course of the year to treat areas of Cook Park, Titan Pond, the USA Thomas Dairy property, and Durham Park. He requested permission to renew the contract with Multnomah County Vector Control,noting the $2,000 budgeted this year. He mentioned asking Multnomah County to analyze Summerlake Park to see if it should be added to the program. The Council agreed by consensus to continue the program, noting the favorable comments heard from citizens. 10. UPDATE: LONG-RANGE WATER SUPPLY Mr. Wegner asked if Chris Uber of Murray Smith& Associates was supposed to answer Mr. Polaris' questions at the October meeting. Mr. Monahan suggested asking Mr. Uber to provide staff with the answer to Mr. Polaris' questions, as they were quite technical, and staff would give the answers to Mr. Polaris. The Council agreed. Mr.Wegner distributed the current water supply status report. He noted that their August peak day demand was 11.7 million gallons per day (mgd), down from the 13.3 mgd and 13.4 mgd peak day demands in July but up by 1 mgd from August 1997. He said that the substantial increase was due to growth in the area but pointed out that conservation efforts by citizens and businesses have helped keep the levels down. He reported that the new 24-inch value installed this year at Tiedeman Road was hooked up to the computer so they could turn it on and off without having to go out to the site. Mr. Wegner mentioned the two issue papers expected in the next two weeks on the Willamette River Supply action which staff would forward to Council. He said that they had their preliminary meeting with the Corps of Engineers. He noted the need to be careful to abide by the fishflows, especially for the endangered species. He reported that Wilsonville has purchased the Young property abutting the Willamette River as a potential water treatment plant site. Tigard City Council Meeting Minutes—September 8, 1998 —Page 10 Mr. Wegner said that Portland representatives would attend a Tigard Council meeting in two weeks to discuss opportunities for joining them in a long-term contract. He mentioned staff's work with Portland staff on the elements of the contract and the infrastructure management plan. He said that they determined, as a technical staff, that regional transmission and storage was important, and if another pipeline were constructed, it should take a more southern route than the path of the existing pipeline in order to allow the potential to tie into the Clackamas River. Mr. Wegner noted the eight evaluation criteria used by Council in 1993 and 1994 to evaluate the top four water supply sources. He said that Phil Smith of Murray, Smith and Associates would lead the Council in a workshop discussion of the evaluation criteria on October 20.. He reported that Davis &Hibbetts conducted a telephone survey to ask people for their opinions on the eight criteria. He mentioned several upcoming meetings on water issues. Jack Polaris asked if Tigard acceptance of the Portland bid would dissolve the WWSA. Mayor Nicoli said that he doubted it. 11. FACILITIES PLANNING UPDATE Mr. Monahan reported that the ballot title approved by Council would appear on the November 3 ballot as Measure 34-87. He mentioned the fact sheet prepared by the City giving information on the plan and the issue. 12. ADJOURNMENT: 9:04 p.m. Attest: ' putt' City Recorder r, City of figard / Date: /0/a 7/ 8 Tigard City Council Meeting Minutes—September 8, 1998 —Page 11 AGENDA ITEM# b For Agenda of��i g1-t CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Vacation of approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. PREPARED BY: Julia Powell Hajduk DEPT HEAD OK CITY ADMIN OK� ISSUE BEFORE THE COUNCIL Should the City Council vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue? STAFF RECOMMENDATION It is recommended that Council approve the vacation as requested. INFORMATION SUMMARY Council initiated this vacation at a public meeting held on July 28, 1998 (See Exhibit D, Resolution No. 98-41). Specht Development has requested that the City Council vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. The right-of-way had previously been dedicated as part of the West Portland Heights Subdivision. This right-of-way is un-improved. The property on the west side of SW 70th Avenue received approval for construction of the Hampton Park Apartment complex (SDR 94-0004). The Hampton Park Apartments did not provide for the extension of SW Franklin Street through the property. The existing development prohibits extension of Franklin Street west of SW 70th Avenue. Specht Development proposes to construct a multi-building office complex and wishes to incorporate the existing SW Franklin Street right-of-way into the development. The development proposal will involve the dedication and improvement of SW Beveland Street, as well as, the improvement of SW Dartmouth Street, SW Elmhurst Street and SW 69th Avenue. Staff finds that, given the improvements and connections that will be created as part of this development and the fact that SW Franklin Street can not be extended to the west,the vacation is warranted. In addition, SW Beveland Street is listed as a minor collector street on the Tigard Triangle Street Plan and will provide for"through" connections consistent with the Tigard Triangle Street Plan. The Tigard Triangle street spacing standards will continue to be met after the vacation of SW Franklin Street provided that SW Beveland Street is dedicated and improved. Because a formal site development review application has not been approved as of yet, staff is recommending that a condition be placed on the vacation that the Site Development must be approved and SW Beveland Street dedicated prior to the vacation becoming final. If these conditions are required and met,the City can be sure that the vacation of the street is tied to the proposed development. All affected service providers, including utility companies and emergency service providers have been notified of the proposed vacation and have offered no comments or objections. No utilities have been reported within the right-of-way to be vacated. Attachments: Attachment 1 - (Proposed Ordinance) Exhibit A- (Site plan) Exhibit C - (Vicinity map) Exhibit B - (Legal description) Exhibit D - (Resolution No. 98-41) OTHER ALTERNATIVES CONSIDERED 1. Deny the vacation request. 2. Take no action at this time. Franklin Street R.O.W.Vacation is\6tywide\sum\vacfmk2.sum 28-Aug-98 10:30 AM CITY OF TIGARD,OREGON ORDINANCE NO.98- AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW FRANKLIN STREET BETWEEN SW 69TH AVENUE AND SW 70TH AVENUE 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 on July 28, 1998 and has been recommended by the Community Development Department; and WHEREAS, the right-of-way for SW Franklin Street had previously been dedicated to the public; and WHEREAS, the City approved a Site Development Review(SDR 94-0004) for the development of the Hampton Park Apartments; and WHEREAS, this development did not provide for the extension of SW Franklin Street through the property; and WHEREAS, the approximately 13,140 square feet of public right-of-way being vacated is not necessary, as the road could not be extended further due to the existing development; and WHEREAS,the surrounding properties will continue to have access to public right-of-way; and WHEREAS, the vacated right-of-way will be incorporated into a development proposal which will dedicate and improve SW Beveland Street from SW 70th Avenue to SW 69th Avenue; and WHEREAS, SW Beveland Street is shown as a local collector on the Tigard Triangle Plan and thus, desired as a through street; and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS,the City Council having considered the request on September 8, 1998 finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS,the Council finds that the following conditions are necessary to vacate said land: ORDINANCE No.98- is\citywide\ord\vacfrnk2.ord Page 1 of 2 08/28/98 11:00 AM EXHIBIT A S.W. Elimm STRM 303 law .5100 5200 O CO 3ao1 4900 5600 a am 800 4M V mm 21 am z 1111/1 /i Z Z g� a 4.300 4500 5700 17777 /iiir111117rrrri-,,-1111Z11 a A tML fRAM(t!!1 STREET 9100 0300 ..r S d2d0 � 0100 / 1000 2201 2100 2300 LL . , o d g 7 �- tome mac 30 mm m U rte, 0700 4600 a1Y. BE1iE1 AM STREET 1 am75M76 �wm ---- CASE HOW&CASE NAMEISI: Franklin Street SITE PLAN Public ' EH I B 1T MAP Right-of-Way Vacation 06/08/98 11:28 G 8 L LAND SURVEYING - 5032202480 N0.655 D02 EXHIBIT B LEGAL DESCRIPTION FOR VACATION OF A PORTION OF SW FRANKLIN STREET A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Records located in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street), in said plat being more particularly described as follows: Beginning at the Northwest corner of Block 30 of said plat; Thence N 0000'00" E, along the easterly right-of-way line of SW 70th Avenue (German Street), 60.00 feet to the Southwest comer of Block 21 of said plat; Thence leaving said easterly right-of-way line N 90°00'00" E, along the southerly line of said Block 21, 219.00 feet to the Southeast corner thereof and a point on the westerly right-of-way line of SW 69th Avenue (Washington Street); Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast comer of said Block 30; Thence leaving said westerly right-of-way line S 90°00'00" W. along the northerly line of said Block 30, 219.00 feet to the Point of Beginning. Containing 0.30 acres more or less. This legal description along with the basis of bearings thereof, was established from the Plat of "West Portland Heights", Washington County Plat Records. 1. The proposed Specht Development entitled "Tigard Triangle Master Plan", shall be approved prior to final vacation of SW Franklin Street; and 2. As part of the proposed development, SW Beveland Street shall be dedicated and improved from SW 69th Avenue to SW 70th Avenue. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 13,140 square feet of public right-of-way as shown and described on the attached Exhibits A and B (map and legal description of the area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1. The proposed Specht Development entitled "Tigard Triangle Master Plan", shall be approved prior to final vacation of SW Franklin Street; and 2. As part of the proposed development, SW Beveland Street shall be dedicated and improved from SW 69th Avenue to SW 70th Avenue. SECTION 3: 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 vote of all Council members present after being read by number and title only,this day of , 1998. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 51998. James Nicoli,Mayor Approved as to form: City Attorney Date ORDINANCE No.98- iAcitywide\ord\vacfrnk2.ord Page 2 of 2 08/28/98 11:00 AM EXHIBIT c m m o y y ro - m v 1 72ND q� 0 33 z 0 D v -i O s ca 1 pif�K�p yy "Z 69 y H199 -i O co m.o 1 S o -o m`^ v o D ssTM AVE S CL ca F- CrQW II � � 11 II P3 A �,� �� II o• o �• � 1l ... a cr- m � EXHIB"I' D CITY OF TIGARD,OREGON RESOLUTION NO.98-4/ A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW • FRANKLIN STREET. WHEREAS, the approximately 13,140 square foot portion of the road had previously been dedicated to the public with the platting of the West Portland Heights Subdivision; and WHEREAS, the approximately 13,140 square feet of public right-of-way between SW 69th Avenue and SW 70th Avenue known as SW Franklin Street is unimproved and currently not used in any form; and WHEREAS, the surrounding development patterns make the future extension of SW Franklin Street,west of SW 70th Avenue unlikely; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue(Exhibit"A"); and WHEREAS,the public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of approximately 13,140 square feet of public right-of-way commonly known as SW Franklin Street between SW 69th Avenue and SW 70th Avenue, as more particularly described in Exhibit "B" and Exhibit "C" and by reference, made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, September 8, 1998, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right- of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City RESOLLMON NO.98N iAcitywide\res\vacfrank res Page I of 2 15-Jul-98 Julia P H of Tigard, a notice of said public hearing, the first publication to be on August 20, 1998 and the final publication to be on August 27, 1998. The Recorder is 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. PASSED: This day of , 1998. Map vf Tigard Oax di- P -City of TLgard ATTEST: City Recorder-City of Tigard RESOLUnON NO.9 iAcitywideVeAvacfrank.res Page 2 of 2 15-Jul-98 Julia PH SEP-0,9-98 10:26AM FROM-STOEL RIVES T-699 P-01/03 F-628 STOEL RIVES LLP ATTORNEYS STANDARD INSURANCE CENTER 900 SW FIFTH AvEr;uE. swTE 2300 poRTLp,ND,OREGON 972u4-1268 2'rtepho4c (503)224-3380 Fas (503)220-2480 — — Fax Nocompany/Firm; - Office No. Name: . - TO: Ms. Julia Hajduk 684-7297 City of Tigard 6394171 Mr. Greg Specht Specht Development Mr. Todd Sheaffer 626-8903 Specht Development — Name- Sender's Direct Dial- FROM: Michael C. Robinson (503) 294-9194 i-Client: 23246 Matter: 8 DATE: September 8, 1998 No. of Pages (including this cover): Originals Not Forwarded Unlcss Checkcd_ I _ First Class Mail =� Ovcrnighl Delivery Hand Dellvcry In case of error call the fax operator at (503) 294-9508. — Thus facsimile may contain confidential information that is protected by the arrorney-chral or work product privilege. If the reader of this message is not the intended recipient or an employee responsible for delivering the facsimile, please do not distribute this facsimile, notify as immediarety by telephone, and return th«facsimile by mail. Thunk you. - COMMENTS: See Attached. _ —_� SEP-a3-9e 10:26AM FROM-STOEL RIVES T-699 P.02/03 F-628 STOEL RIVES L1 P A T 1 0 R N F Y S STANpARD 1NSL]RANcE CENTER 900!SW FH7M AVENUE,SUITE 2300 p0RT1.AND,OREGON 97204-7208 Phoa,1503)221-5380 Fw(�:.W)220-2480 TVD 1503)ZZj-1045 lnpar,et wwvsroel w= August 24, 1998 MICHAEL C.ROBINSON Direcr Drat (503) 294-9194 email mcrobmson®5'ToalX0m VIA FACSIMILE Ms. Julia Hajduk Associate Planner City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Vacation of a Portion of SW Franklin Street Dear Ms. Hajduk: This law firm represents the Specht Development Company ('Specht")- I am writing to confirm Specht Development's support for the City Council-initiated street vacation of SW Franklin Street and to explain why the street vacation should be approved. Specht is preparing to submit an application to develop a Class -A" office park development on both sides of SW Franklin Street between SW 701h and SW 69th Avenues. As we have discussed, part of Specht's application will include the dedication and development of SW lSt eeti Street from SW shown in the Tigard Triangle th Avenue on et to SW 69tb Avenue on the east. SW Beveland Plan as providing an east- west connection between SW 72nd Avenue and the area to the east. SW Franklin Street is an undeveloped right of way between SW 691h Avenue and SW 70th Avenue. It is in the middle of Specht's development. Because of development west of SW 70th Avenue, it will not be possible to extent SW Franklin Street to the west, Further, with the development of SW Beveland Street, the east-west transportation needs of the Tigard Triangle will be met in this area by SW Beveland Street and not SW Franklin Street. Vacation of SW Franklin Street will serve the public interest, will allow Specht to fully develop its property and will result in Specht dedicating and constructing SW Beveland Street. PAX1A-1400101 99999' "` St.TTLd PORTLAND v4NCOUVER,WA $OISE S.LT 1-.IE City W^Sn;N47 ON,D C r SEP=G$-98 10:27AM FROM-STOEL RIVES T-699 P.03/03 F-628 STOEL RIVES LLP Ms. Julia Hajduk August 27, 1998 Page 2 The criteria for a City Council-initiated street vacation is found in QRS 271.130. The City Council can find that these criteria are satisfied. First, the two abutting property owners (current owners of part of the property to be developed by Specht, Tax Lots 4200 and 9100) support the street vacation. Specht's sellers are the only abutting property owners to the portion of SW Franklin Street to be vacated. Secondly, the owners of two other lots within the "affected area" of the street vacation (Tax Lots 3901 and 4000) support the street vacation. Finally, the City Council can find that the street vacation will not prejudice an articulable public interest. SW Franklin Street is not needed for transportation, utility or park purposes. For all of these reasons, Specht supports the City Council-initiated street vacation and urges the City Council to approve the vacation. My final comments have to do with the notice of hearing for the September 8, 1998 hearing. The fust paragraph states that the Ciry Council will consider a public right-of-waY andd easement vacation. I have confirmed with you that there is no public easement within the proposed right-of-way to be vacated. Therefore, no easement vacation will occur as a result of this hearing. Secondly, the third paragraph states that a staff report will be available seven (7) days prior to the hearing. I have confirmed with you that no staff report will be prepared, other than the City Council item summary that you have already prepared. Please see that this letter is included within the City Council's packet for this matter. Very truly yours, ? /� Michael C. Robinson MCR_ij cc: Mr. Greg Specht (via facsimile) Mr. Todd Sheaffer (via facsimile) PDX I w-140010 1 99999-0006 D CITY OF TIGARD k ES E B PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign- in sheet. Business agenda items can be heard in any order after 7:30 P.M. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171,. Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA — SEPTEMBER 8, 1998 - PAGE 1 AGENDA 6:30 PM • 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, current and pending litigation issues. This Executive Session is being held under the provisions of ORS 192.660 (1) (d), (e), & (h). As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > POLICE REMODEL DISCUSSION • Police Department 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. PROCLAMATION • Administration Department 4. 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: 4.1 Approve Council Minutes of: July 28, 1998 and August 11, 1998. 4.2 Receive and File: a. Tentative Agenda b. Council Calendar COUNCIL AGENDA - SEPTEMBER 8, 1998 - PAGE 2 y _ 4.3 Approve Resolution Establishing the Policy of the City Council Concerning the Liaison Role of a Council Member Assigned to a City Appointed Task Force and to Intergovernmental Groups - Resolution No. 98- 4.4 Approve a Resolution Revising the Policy of the City Council Regarding Council Groundrules - Resolution No. 98- 4.5 Approve Budget Adjustment No. 4 for Downtown Parking Improvement at Former Feed Store Lot (now City of Tigard Property) - Resolution No. 98- 4.6 Local Contract Review Board: a. Award Contract for the Construction of Tigard Street Parking Lot to MH Construction b. Approve the Purchase of Five (5) Police Vehicles from Gresham Ford • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. S. VISIONING UPDATE Administration Department 6. TRAIN DAYS UPDATE Administration Department 7. PUBLIC HEARING - VACATION OF A PORTION OF SW 66TH AVENUE - APPROXIMATELY 13,679 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW 66TH AVENUE ADJACENT TO AND IMMEDIATELY SOUTH OF SW HAMPTON STREET IN THE CITY OF TIGARD a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Administration Department d. Public Testimony: Proponents, Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Resolution No. 98- COUNCIL AGENDA — SEPTEMBER 8, 1998 - PAGE 3 8. PUBLIC HEARING - VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF A PUBLIC RIGHT-OF-WAY - SW FRANKLIN STREET a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Administration Department d. Public Testimony: Proponents, Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Resolution No. 98- 9. UPDATE: MOSQUITO VECTOR CONTROL PROGRAM • Public Works Department 10. UPDATE: LONG-RANGE WATER SUPPLY • Public Works Department 11. FACILITIES PLANNING UPDATE • Administration Department 12. COUNCIL LIAISON REPORTS 13. NON-AGENDA ITEMS 14. 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, current and pending litigation issues. This Executive Session is being held under the provisions of ORS 192.660 (1) (d), (e), & (h). As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 15. ADJOURNMENT I:\ADM\CATHY\CCA\980908.DOC COUNCIL AGENDA - SEPTEMBER 8, 1998 - PAGE 4 08/18/98 12:52 $503 684 7297 CITY OF TIGARD 0001 * ACTIVITY REPORTxc TRANSMISSION OK TX/RX NO. 6403 CONNECTION TEL 5032202480 CONNECTION ID START TIME 08/18 12:50 USAGE TIME 02'25 PAGES 6 RESULT OK SETTING THE STANDARD FOR SERVICE EXCELLENCE Facsimile Company: Phone: Fax: .ZO-QYFO From: �l,.q 'dam Company: City of Tiga Phone: (503)6394171 Fax: (503)684-7297 Date: Pages including this page: 6 C( NBIE NTS: n SETTING THE STANDARD FOR SERVICE EXCELLENCE Facsimile To: Company: Phone: Fax: From: Company: City of Tigar Phone: (503)639-4171 Fax: (503)684-7297 Date: Pages including this page: 6 COMMENTS: / }fl� ��e %S !�- L� T ZS 1 / ct�rt:?l� ✓ 14ZZ tlX61 A f I r .-1 , 0C o City of Tigard, 13125 SW Hall Blvd.,Tigard,OR 97223 ** PLEASE DELIVER THIS FAX IMMEDIATELY ** DF RAT AGENDA ITEM# For Agenda of CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Vacation of_pproximately 13 1405 square feet of public right-of-way on SW Franklin Street between 69th and 70th. PREPARED BY: Julia Powell Hajduk DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council vacate approximately 13;140 square feet of public right-of-way on SW Franklin Street between 69th and 70th? STAFF RECOMMENDATION It is recommended that Council approve the vacation as requested. INFORMATION SUMMARY Council initiated this vacation at a public meeting held on July 28, 1998 (See Exhibit D,Res. 98-41). Specht Development has requested that the City Council vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. The right-of-way had previously been dedicated as part of the West Portland Heights Subdivision. This right-of-way is un-improved. The property on the west side of SW 70th Street received approval for construction of the Hampton Park Apartment complex (SDR 94-0004). The Hampton Park Apartments did not provide for the extension of SW Franklin Street through the property. The existing development prohibits extension of Franklin Street west of SW 70th. Specht Development proposes to construct a multi-building office complex and wishes to incorporate the existing Franklin Street right-of-way into the development. The development proposal will involve the dedication and improvement of SW Beveland Street, and the improvement of SW Dartmouth, SW Elmhurst and SW 69th Street. Staff finds that, given the improvements and connections that will be created as part of this development and the fact that Franklin Street can not be extended to the west, the vacation is warranted. In addition, Beveland Street is listed as a minor collector street on the Tigard Triangle Street Plan and will provide for "through" connections consistent with the Tigard Triangle Street Plan. The Tigard Triangle street spacing standards will continue to be met after the vacation of Franklin Street, provided Beveland Street is dedicated and improved. Because a formal site development review application has not been approved as of yet, staff is recommending that a condition be placed on the vacation that the Site Development must be approved and SW Beveland Street dedicated prior to the vacation becoming final. If these conditions are required and met, the city can be sure that the vacation of the street is tied to the proposed development. Franklin Street R.O.W.Vacation i:\citywide\sum\vacfink2.sum 08/12/98 3:30 PM All affected service providers, including utility companies and emergency service providers have been notified of the proposed vacation and have offered no comment or objections. No utilities have been reported within the right-of-way to be vacated. Attachments: Attachment 1 -(Ordinance) Exhibit A- (site plan) Exhibit C-(vicinity map) Exhibit B -(legal description) Exhibit D -(resolution 98-41) OTHER ALTERNATIVES CONSIDERED 1. Deny the vacation request. 2. Take no action at this time. Franklin Street R.O.W.Vacation i:\citywide\sum\vacfink2.sum 08/12/98 3:30 PM CITY OF TIGARD,OREGON DRAFT ORDINANCE NO. 96-_ AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW FRANKLIN STREET BETWEEN SW 69TH AND SW 70TH 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 on July 28, 1998; and WHEREAS,the right-of-way for SW Franklin Street had been dedicated to the public; and WHEREAS, the City approved a Site Development (SDR 94-0004) for the development of the Hampton Park Apartments; and WHEREAS,this development did not provide for the extension of SW Franklin Street through the property; and WHEREAS, the approximately 13,140 square feet of public right-of-way being vacated is not necessary, as the road could not be extended further due to the existing development; and WHEREAS,the surrounding properties will continue to have access to public right of way; and WHEREAS, the vacated right-of-way will be incorporated into a development proposal which will dedicate and improve SW Beveland Street from SW 70th to SW 69th; and WHEREAS, SW Beveland is shown as a local collector on the Tigard Triangle Plan and thus desired as a through street; 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 service providers,have reviewed the vacation proposal and have no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and ORDINANCE No.98- is\citywide\ord\vacfrnk2.ord Pagel of 3 08/13/98 11:00 AM WHEREAS,the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on September 8, 1998 finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided be ORS 271.120 and TMC Section 15.08.130; and WHEREAS,the Council finds that the following conditions are necessary to vacate said land: 1. The proposed Specht Development entitled "Tigard Triangle Master Plan" shall be approved prior to final vacation of Franklin Street, and 2. As part of the proposed development, Beveland Street shall be dedicated and improved, from SW 69th to SW 70th Street. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 13,140 square feet of public right-of-way as shown and described on the attached Exhibits A and B (map and legal description of area to be vacated), and by this reference,made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1. The proposed Specht Development entitled "Tigard Triangle Master Plan" shall be approved prior to final vacation of Franklin Street, and 2. As part of the proposed development,Beveland Street shall be dedicated and improved, from SW 69th to SW 70th Street. SECTION 3: 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 vote of all Council members present after being read by number and title only,this day of 31996. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 51996. ORDINANCE No.98- is\citywide\ord\vacfmk2.ord Page 2 of 3 08/13/98 11:00 AM James Nicoli,Mayor Approved as to form: City Attorney Date ORDINANCE No.98- is\citywide\ord\vacfrnk2.ord Page 3 of 3 08/13/98 11:00 AM CITY OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Julia Powell Hajduk,Associate Planner, (503) 639-4171 AGENDA: TOPIC: Vacation of approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. BACKGROUND: Council initiated this vacation at a public meeting held on July 28, 1998 (See Exhibit D, Resolution No. 98-41). Specht Development has requested that the City Council vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. The right-of-way had previously been dedicated as part of the West Portland Heights Subdivision. This right-of-way is un-improved. The property on the west side of SW 70th Avenue received approval for construction of the Hampton Park Apartment complex (SDR 94-0004). The Hampton Park Apartments did not provide for the extension of SW Franklin Street through the property. The existing development prohibits extension of Franklin Street west of SW 70th Avenue. Specht Development proposes to construct a multi-building office complex and wishes to incorporate the existing SW Franklin Street right-of-way into the development. The development proposal will involve the dedication and improvement of SW Beveland Street, as well as, the improvement of SW Dartmouth Street, SW Elmhurst Street and SW 69th Avenue. Staff finds that, given the improvements and connections that will be created as part of this development and the fact that SW Franklin Street can not be extended to the west, the vacation is warranted. In addition, SW Beveland Street is listed as a minor collector street on the Tigard Triangle Street Plan and will provide for "through" connections consistent with the Tigard Triangle Street Plan. The Tigard Triangle street spacing standards will continue to be met after the vacation of SW Franklin Street provided that SW Beveland Street is dedicated and improved. Because a formal site development review application has not been approved as of yet, staff is recommending that a condition be placed on the vacation that the Site Development must be approved and SW Beveland Street dedicated prior to the vacation becoming final. If these conditions are required and met, the City can be sure that the vacation of the street is tied to the proposed development. All affected service providers, including utility companies and emergency service providers have been notified of the proposed vacation and have offered no comments or objections. No utilities have been reported within the right-of-way to be vacated. COST: No cost to the City is\citywide\facts\vacfmk.fct 28-Aug-98 AGENDA ITEM# For Agenda of CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Vacation of=roximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. PREPARED BY: Julia Powell Hajduk DEPT HEAD OK CITY ADMIN OK ------------------ ISSUE BEFORE THE COUNCIL Should the City Council vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue? ------------------ STAFF RECOMMENDATION It is recommended that Council approve the vacation as requested. ----- --------- INFORMATION SUMMARY Council initiated this vacation at a public meeting held on July 28, 1998 (See Exhibit D,Resojution No. 98-41). Specht Development has requested that the City Council vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. The right-of-way had previously been dedicated as part of the West Portland Heights Subdivision. This right-of-way is un-improved. The property on the west side of SW 70th Avenue received approval for construction of the Hampton Park Apartment complex (SDR 94-0004). The Hampton Park Apartments did not provide for the extension of SW Franklin Street through the property. The existing development prohibits extension of Franklin Street west of SW 70th Avenue. Specht Development proposes to construct a multi-building office complex and wishes to incorporate the existing SW Franklin Street right-of-way into the development. The development proposal will involve the dedication and improvement of SW Beveland Street, as well as, the improvement of SW Dartmouth Street, SW Elmhurst Street and SW 69th Avenue. Staff finds that, given the improvements and connections that will be created as part of this development and the fact that SW Franklin Street can not be extended to the west, the vacation is warranted. In addition, SW Beveland Street is listed as a minor collector street on the Tigard Triangle Street Plan and will provide for "through" connections consistent with the Tigard Triangle Street Plan. The Tigard Triangle street spacing standards will continue to be met after the vacation of SW Franklin Street provided that SW Beveland Street is dedicated and improved. Because a formal site development review application has not been approved as of yet, staff is recommending that a condition be placed on the vacation that the Site Development must be approved and SW Beveland Street dedicated prior to the vacation becoming final. If these conditions are required and met,the City can be sure that the vacation of the street is tied to the proposed development. All affected service providers, including utility companies and emergency service providers have been notified of the proposed vacation and have offered no comments or objections. No utilities have been reported within the right-of-way to be vacated. Attachments: Attachment 1 - (Proposed Ordinance) Exhibit A- (Site plan) Exhibit C- (Vicinity map) Exhibit B - (Legal description) Exhibit D- (Resolution No. 98-41) OTHER ALTERNATIVES CONSIDERED 1. Deny the vacation request. 2. Take no action at this time. Franklin Street R.O.W. Vacation is\citywide\sum\vacfmk2.sum 28-Aug-98 10:30 AM CITY OF TIGARD, OREGON ORDINANCE NO.98- AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW FRANKLIN STREET BETWEEN SW 69TH AVENUE AND SW 70TH AVENUE 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 on July 28, 1998 and has been recommended by the Community Development Department; and WHEREAS, the right-of-way for SW Franklin Street had previously been dedicated to the public; and WHEREAS,the City approved a Site Development Review(SDR 94-0004) for the development of the Hampton Park Apartments; and WHEREAS, this development did not provide for the extension of SW Franklin Street through the property; and WHEREAS, the approximately 13,140 square feet of public right-of-way being vacated is not necessary, as the road could not be extended further due to the existing development; and WHEREAS,the surrounding properties will continue to have access to public right-of-way; and WHEREAS, the vacated right-of-way will be incorporated into a development proposal which will dedicate and improve SW Beveland Street from SW 70th Avenue to SW 69th Avenue; and WHEREAS, SW Beveland Street is shown as a local collector on the Tigard Triangle Plan and thus,desired as a through street; and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS,the City Council having considered the request on September 8, 1998 finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS,the Council finds that the following conditions are necessary to vacate said land: ORDINANCE No.98- is\citywide\ord\vacfmk2.ord Page 1 of 2 08/28/98 11:00 AM 1. The proposed Specht Development entitled "Tigard Triangle Master Plan", shall be approved prior to final vacation of SW Franklin Street; and 2. As part of the proposed development, SW Beveland Street shall be dedicated and improved from SW 69th Avenue to SW 70th Avenue. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 13,140 square feet of public right-of-way as shown and described on the attached Exhibits A and B (map and legal description of the area to be vacated), and by this reference,made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1. The proposed Specht Development entitled "Tigard Triangle Master Plan", shall be approved prior to final vacation of SW Franklin Street; and 2. As part of the proposed development, SW Beveland Street shall be dedicated and improved from SW 69th Avenue to SW 70th Avenue. SECTION 3: 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 vote of all Council members present after being read by number and title only,this day of 91998. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 11998. James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE No.98- is\citywide\ord\vacfmk2.ord Page 2 of 2 08/28/98 11:00 AM EXHIBIT A aaw 5100 52x0 - Z 30 WE27 0 C soot 4M 5500 ao1 aoo 4 v ei ocit 2i etACX 73 am Z 77777=1.711111. �1711111,71177711111z" Z Z g. Q uoo 4.wo 4500 57o0CL / 0 < � i -400.00' A �� AN(f!t! SAtE>vT //!//./////1LL11////.!//// 91001 8700 8200 8100 / 1000 22(1 2200 2300 j U. g 7700 >- a5w 30 m /.: 1111-L, U 8700 as0o 76M 3Mq � � ----i1LSUL�J1171 U�J am CASE KOM&CASE NAMEISI: 474 Franklin Street SITE PLAN Public ' Right-of-Way E HIBIT MAP N Vacation 06,/08/98 11:28 G 8 L t ^ND SURVEYING - 50=02480 N0.655 002 EXHIBIT B EYMIT "A" LEGAL DESCRIPTION FOR VACATION OF A PORTION OF SW FRANKLIN STREET A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Records located.in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street), in said plat being more particularly described as follows: Beginning at the Northwest corner of Block 30 of said plat; Thence N 00°00'00" E, along the easterly right-of-way line of SW 70th Avenue (German Street), 60.00 feet to the Southwest comer of Block 21 of said plat; Thence leaving said easterly right-of-way line N 90100'00" E, along the southerly line of said Block 21, 219.00 feet to the Southeast comer thereof and a point on the westerly right-of-way Jim of SW 69th Avenue (Washington Street); Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast comer of said Block 30; Thence leaving said westerly right-of-way line S 90000'00" W_ along the northerly line of said Block 30, 219.00 feet to the Point of Beginning. Containing 0.30 acres more or.less. This legal description along with the basis of bearings thereof, was established from the Plat of "West Portland Heights", Washington County Plat records. EXHIBIT c m m` m m 0 1 72ND c� 0 0 0 x 69 O W m.o m`^ v a U 66TH AVE fR + �� _ II � � • SII —' m V �g� g 0• Q � Z (01Q o r z. IIS NII . VC j m � Lod% ` CITY OF TIGARD,OREGON RESOLUTION NO.98-4/ A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW . FRANKLIN STREET. WHEREAS, the approximately 13,140 square foot portion of the road had previously been dedicated to the public with the platting of the West Portland Heights Subdivision; and WHEREAS, the approximately 13,140 square feet of public right-of-way between SW 69th Avenue and SW 70th Avenue known as SW Franklin Street is unimproved and currently not used in any form; and WHEREAS, the surrounding development patterns make the future extension of SW Franklin Street,west of SW 70th Avenue unlikely; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue(Exhibit"A"); and WHEREAS,the public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of approximately 13,140 square feet of public right-of-way commonly known as SW Franklin Street between SW 69th Avenue and SW 70th Avenue, as more particularly described in Exhibit "B" and Exhibit "C" and by reference, made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, September 8, 1998, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right- of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City RESOLUTION N0.98 iAcitywideveswadrank.res Page 1 of 2 15-Jul-98 Julia PH of Tigard, a notice of said public hearing, the first publication to be on August 20, 1998 and the final publication to be on August 27, 1998. The Recorder is 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. PASSED: This day of , 1998. 0xxx31 Pcro� - city of Tick ATTEST: <2 (. &Wv'eu City Recorder-City of Tigard 1tESOLUnOh1 N0.9 i:Vitywide\res\vacfrank.res Page 2 of 2 15-Jul-98 Julia PH SEP-08-98 10:26AM FROM-STOEL RIVFQ T-699 P.02/03 F-628 STOEL RIVES LLP A T T O R N E Y S STANDARD INSURANCE CENTER 900 sw F07K AVENUE,SUITE 2300 PORTLAND,OREGON 97204-1208 Pho&15031324;5380 Fw(-14W)220-24$Q 7VD 1503)221-1045 kM;n%LZ%-.4w.srod o'm August 24, 1998 Micana C.RoBwsoN Direct DWI (503)294-9194 email mcrobulson@stual.com VIA FACSIMILE Ms. Julia Hajduk Associate Planner City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Vacation of a Portion of SW Franklin Sint Dear Ms. Hajduk: This law firm represents the Specht Development Company t"Specht")• 1 am writing to confirm Specht Development's support for the City Council-initiated street vacation of SW Franklin Street and to explain why the street vacation should be approved. Specht is preparing to submit an application to develop a Class "A" office park development on both sides of SW Franklin Street between SW 701h and SW 69th Avenues. As we have discussed, part of Specht's application will include the dedication and development of SW Beveland Street from SW 701h Avenue on the west to SW 69th Avenue on the east. SW Beveland Street is shown in the Tigard Triangle Plan as providing an east- west connection between SW 72nd Avenue and the area to the east. SW Franklin Street is an undeveloped right of way between SW 69th Avenue and SW 70th Avenue. It is in the middle of Specht's development. Because of development west of SW 70th Avenue, it will not be possible to extent SW Franklin Street to the west. Further, with the development of SW Beveland Street, the east-west transportation needs of the Tigard Triangle will be met in this area by SW Beveland Street and not SGV Franklin Street. Vacation of SW Franklin Street will serve the public interest, will allow Specht to fully develop its property and will result in Specht dedicating and constructing SW Beveland Street. PDX l w-140010 1 99999.0006 Sc TTLd PORTLAND %7yNCOuvEA.WA 11016E S.LT(..1'E Cil'Y WAinIWZJON.D C SEP-08-98 10:2TAM FROM-STOEL RIVES T-699 P.03/03 F-628 STOEL RIVES LLF Ms. Julia Hajduk August 27, 1998 Page 2 The criteria for a City Council-initiated street vacation is found in QRS 271.130_ The City Council can find that these criteria are satisfied. First, the two abutting property Owners (current owners of part of the property to be developed by Specht, Tax Lots 4200 and 9100) support the street vacation. Specht's sellers are the only abutting property owners to the portion of SW Franklin Street to be vacated. Secondly, the owners of two other lots within the "affected area" of the street vacation (Tax Lots 3901 and 4000) support the street vacation- Finally, the City Council can find that the street vacation will not prejudice an articulable public interest. SW Franklin Street is not needed for transportation, utility or park purposes. For all of these reasons, Specht supports the City Council-initiated street vacation and urges the City Council to approve the vacation. My final comments have to do with the notice of hearing for the September 8, 1998 hearing. The fust paragraph states that the City Council will consider a public right-of-way and a semenvacation. i have confirmed with you that there is no public easement within the proposed right-of-way to be vacated. Therefore, no easement vacation will occur as a result of this hearing. Secondly, the third paragraph states that a staff report will be available seven (7) days prior to the hearing. I have confirmed with you that no staff report will be prepared, other than the City Council item summary that you have already prepared. Please see that this letter is included within the City Council's packet for this matter. Very truly yours, Michael C. Robinson MCR:TJ CC'. Mr. Greg Specht (via facsimile) Mr. Todd Sheaffer (via facsimile) YDX1 A-140010 1 99999-0006 CITY OF TIGARD,OREGON RESOLUTION NO.98-4/ A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FRANKLIN STREET. WHEREAS, the approximately 13,140 square foot portion of the road had previously been dedicated to the public with the platting of the West Portland Heights Subdivision; and WHEREAS, the approximately 13,140 square feet of public right-of-way between SW 69th Avenue and SW 70th Avenue known as SW Franklin Street is unimproved and currently not used in any form; and WHEREAS, the surrounding development patterns make the future extension of SW Franklin Street, west of SW 70th Avenue unlikely; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue(Exhibit"A"); and WHEREAS,the public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of approximately 13,140 square feet of public right-of-way commonly known as SW Franklin Street between SW 69th Avenue and SW 70th Avenue, as more particularly described in Exhibit "B" and Exhibit "C" and by reference, made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, September 8, 1998, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right- of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City RESOLUTION N0.98 iAcitywide\res\vacfrank.res Page 1 of 2 15-Jul-98 Julia PH of Tigard, a notice of said public hearing, the first publication to be on August 20, 1998 and the final publication to be on August 27, 1998. The Recorder is 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. PASSED: This day of , 1998. Oxmil P silent — City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION N0.9 iAcitywide\res\vacfrank.res Page 2 of 2 15-Jul-98 Julia PH - STOEL RIVES LLP M �(� A T T O R N E Y S J� STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE.SUITE 2300 PORTLAND,OREGON 97204-1268 Phone(503)224-3380 Faz(503)220-2480 TDD(503)221-1045 Intemet:w .stoelxom June 3, 1998 MICHAEL:C.ROBINSON Direct Dia! (503)294-9194 email mcrobinson@stoel.com VIA FACSIMII.E Mr. James N.P. Hendryx City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Request to Set Hearing for Proposed Street Vacation Dear Jim: This law firm represents Specht Development Company. As you know, Specht is in the process of submitting an application for a Site Development Review application for its property south of Dartmouth Street between SW 69th Avenue and SW 70th Avenue. As part of this development, Specht would like to vacate a portion of SW Franklin Street, an unimproved public right-of-way. I have enclosed a map showing the proposed part of SW Franklin Street to be vacated between SW 69th Avenue and SW 70th Avenue. The proposed portion of SW Franklin Street to be vacated is unimproved and, to the best of my knowledge, neither contains nor is required to contain any easements for public utilities. Further, we have determined in our various meetings that it is impossible to extend SW Franklin Street west of SW 70th Avenue due to the recent construction of an apartment complex. Therefore, there is no apparent reason that this portion of SW Franklin Street cannot be vacated. ORS 27 1.100 requires that the City Council consider a petition for vacation and, if there appears to be no reason why the petition should not be allowed in whole or in part, the City Council shall fix a time for a formal public hearing upon the petition. I request that the City Council place this matter on its July 14, 1998 meeting agenda. I understand that if the City Council decides to hold a public hearing, the likely hearing date PDX I A-128605.1 23246.0008 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C. STOEL RIVES LLP Mr. James N.P. Hendryx ' June 3, 1998 Page 2 will be in early August. This will give the City enough time to prepare the notices of public hearing as required by ORS 271.110(1) and (2). Please call me if you have any questions. Please confirm in writing that the City Council will consider the public hearing request at its July 14, 1998 meeting. Very truly yours, Michael C. Robinson MCR:lxh enclosure cc(w/encl.): Mr. Greg Specht (via facsimile) (w/encl.) Mr. Todd Sheaffer (via facsimile) PDX I A-128605.1 23246 MM —EXIBIT B - 3as law I(1�&I►!/�� .5100 5200 Z lYl%LSt�J U O C Nm 4400 r�oo 0 am wo 4= BLOCK m BLOCK n am Z 77777=1,7*11111 /i /11111,11177,7711Z Z $� Q 4200 4300 4500 57W J CL aodip D /..////;11177777.../l/z/. Q 1LL11////.!//// AML FRN�(Utl SMI 91001 8300 s a2oo E100 1000 2201 2200 2300 LL , o N Imo 1 lD awBLOCK 30 BLOCK n ~ 1uir�nf� emo woo aIAG eEVEluro s7� u'�LSdL� `� 7eoo CASE HIS)&CASE NAMUSI: Franklin Street SITE PLAN Public EXHIBITRight-of-WayMAP Vacat N . Vacation 06/08/98 11:28 G & L ' PND SURUEYING - 5032202480 N0. 655 902 EXHIBIT C EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF A PORTION OF SW FRANKLIN STREET A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Records located in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street), in said plat being more particularly described as follows: Beginning at the Northwest corner of Block 30 of said plat; Thence N 00°00'00" E, along the easterly right-of-way line of SW 70th Avenue (German Street), 60.00 feet to the Southwest comer of Block 21 of said plat; Thence leaving said easterly right-of-way line N 90100'00" E, along the southerly line of said Block 21, 219.00 feet to the Southeast corner thereof and a point on the westerly right-of-way line of SW 69th Avenue (Washington Street); Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast comer of said Block 30; Thence leaving said westerly right-of-way line S 90°00'00" W. along the northerly line of said Block 30, 219.00 feet to the Point of Beginning. Containing 0.30 acres more or less. This legal description along with the basis of bearings thereof, was established from the Plat of "West Portland Heights", Washington County Plat Records. m m 0 w EXHIBIT y -i mOU C v 1 72ND A(.F 0 1 v 0 x C43 1 z . 9 69 ti H189 -i o� M a m.y yi SC -v m`^ C T D v 66TH AVE o - o. p N �� ;g� s II o• o "� '�- II Z so Tl P 1 AGENDA ITEM#: For Agenda of: July 28, 1998 ® CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUEIAGENDA TITLE Initiation of Vacation proceedings for an approximately 13,140 square foot portion of Public Right-Of-Way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. PREPARED BY: Julia Powell Haidukl- DEPT HEAD OK /�� CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council initiate Vacation proceedings involving an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue? — ---- --------- STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution which sets a formal public hearing date on the petition for September 8, 1998. _----------------- INFORMATION SUMMARY In the City vacation process of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. Specht Development is requesting that the City Council initiate Vacation proceedings for an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. The right-of-way had previously been dedicated as part of the West Portland Heights Subdivision. This right-of-way is un-improved and due to existing development on the west side of SW 70th Avenue, it does not appear that it will provide for "through" connections in the Tigard Triangle. The petitioner is requesting that the City vacate this portion of the public right-of-way so as to incorporate it into a development for an office complex. As part of that development and this Vacation, the dedication and improvement of SW Beveland Street will be required. Beveland Street is listed as a minor collector street on the Tigard Triangle Street Plan and will provide for"through"connections. Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration. Attachments: Exhibit A- (Petition Requesting Initiation for Vacation) Exhibit B - (Site Plan) Exhibit C- (Legal Description) Exhibit D -(Vicinity Map) OTHER ALTERNATIVES CONSIDERED Take no action at this time. M FISCAL NOTES There are no direct fiscal impact as a result of this request as all fees have been paid by the applicant. 7/28/98 Council Initiation of SW Franklin Street Public Right-of-Way Vacation Proceedings iAcitywide\sum\vacfrank.sum Julia PH 16-Jul-98 CITY OF TIGARD,OREGON RESOLUTION NO.98-_ A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FRANKLIN STREET. WHEREAS, the approximately 13,140 square foot portion of the road had previously been dedicated to the public with the platting of the West Portland Heights Subdivision; and WHEREAS, the approximately 13,140 square feet of public right-of-way between SW 69th Avenue and SW 70th Avenue known as SW Franklin Street is unimproved and currently not used in any form; and WHEREAS, the surrounding development patterns make the future extension of SW Franklin Street,west of SW 70th Avenue unlikely; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue(Exhibit"A"); and WHEREAS,the public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of approximately 13,140 square feet of public right-of-way commonly known as SW Franklin Street between SW 69th Avenue and SW 70th Avenue, as more particularly described in Exhibit "B" and Exhibit "C" and by reference, made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, September 8, 1998, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right- of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City RESOLUTION NO.98- iAcitywide\res\vadrank.res Page 1 of 2 15-Jul-98 Julia PH of Tigard, a notice of said public hearing, the first publication to be on August 20, 1998 and the final publication to be on August 27, 1998. 'The Recorder is 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. PASSED: This day of , 1998. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.98- iAcitywide\res\vacfrank.res 15-Jul-98 Julia PH Page 2 of 2 STOEL RIVES LLP £X�IBIT A A T T O R N E Y S STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2300 PORTLAND,OREGON 97204-1268 Phone(503)224-3380 Faz(503)220-2480 TDD(503)211-1045 Intemet www.stoel.com June 3, 1998 MICHAEL:C.ROBINSON Direct Dial (503)294-9194 email mcrobinson@stoel.com VIA FACSIMILE Mr. James N.P. Hendryx City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Request to Set Hearing for Proposed Street Vacation Dear Jim: This law firm represents Specht Development Company. As you know, Specht is in the process of submitting an application for a Site Development Review application for its property south of Dartmouth Street between SW 69th Avenue and SW 70th Avenue. As part of this development, Specht would like to vacate a portion of SW Franklin Street, an unimproved public right-of-way. I have enclosed a map showing the proposed part of SW Franklin Street to be vacated between SW 69th Avenue and SW 70th Avenue. The proposed portion of SW Franklin Street to be vacated is unimproved and, to the best of my knowledge, neither contains nor is required to contain any easements for public utilities. Further, we have determined in our various meetings that it is impossible to extend SW Franklin Street west of SW 70th Avenue due to the recent construction of an apartment complex. Therefore, there is no apparent reason that this portion of SW Franklin Street cannot be vacated. ORS 271.100 requires that the City Council consider a petition for vacation and, if there appears to be no reason why the petition should not be allowed in whole or in part, the City Council shall fix a time for a formal public hearing upon the petition. I request that the City Council place this matter on its July 14, 1998 meeting agenda. I understand that if the City Council decides to hold a public hearing, the likely hearing date PDX IA-128605.1 23246-M SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C. STOEL RIVES LLP Mr. James N.P. Hendryx June 3, 1998 Page 2 will be in early August. This will give the City enough time to prepare the notices of public hearing as required by ORS 271.110(1) and (2). Please call me if you have any questions. Please confirm in writing that the City Council will consider the public hearing request at its July 14, 1998 meeting. Very truly yours, Michael C. Robinson MCR:lxh enclosure cc(w/encl.): Mr. Greg Specht (via facsimile) (w/encl.) Mr. Todd Sheaffer (via facsimile) PD X 1 A-128605.1 23246 MU -EXIBZT B UL Oxmim STRM 3a3 38w 5100 sm zr 3901 4900 6600 — r�nn am NO 4000 v SIM a ewarc n am z z Q g17 J 4200 9 4300 4600 5700 /1 p ..�.��.��. �:YL 0 9100 1 $300 r, 8200 � 5100 � L 1000 !- 2201 2200 2300 j LL O d Vol 1 1 nl`11D BLOCK 30 SLOW U am moo �fsQ �r lI 7690 aw BEtiEtlltrD STREET7� ^--- i1 aaOQ CASE NOISI a CASE NAMEISI: Franklin Street SITE PLAN Public ' Right-of-Way EXHIBIT MAP N Vacation 06/08/98 11:28 G 8 L IAND SURVEYING -> 5032202480 N0.655 D02 EXHIBIT C EX MIT "A" LEGAL DESCRIPTION FOR VACATION OF A PORTION OF SW FRANKLIN STREET A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Records located in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street), in said plat being more particularly described as follows: Beginning at the Northwest corner of Block 30 of said plat; Thence N 00100'00" E, along the easterly right-of-way line of SW 70th Avenue (German Street), 60.00 feet to the Southwest comer of Block 21 of said plat; Thence leaving said easterly right-of-way line N 90°00'00" E, along the southerly line of said Block 21, 219.00 feet to the Southeast corner thereof and a point on the westerly right-of-way line of SW 69th Avenue (Washington Street); Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast comer of said Block 30; Thence leaving said westerly right-of-way line S 901100'00" W. along the northerly line of said Block 30, 219.00 feet to the Point of Beginning. Containing 0.30 acres more or.less. This legal description along with the basis of bearings thereof, was established from the Plat of "West Portland Heights", Washington County Plat Records. m m CD az cnCD m m 0 1 72ND O O 0 ca O S x 1 { Z 9 69 H189 0 ao s m� 1 S o 4O m m v v 66TH AVE v o_ CL I I e,% mol � ;g s II p' p II Z z. II II jr. II ,� a � II 3 � = m � ` AN Aff V; Ma C IV ET a > --,.d L, .� e2r < t>$< 8e a - S 4 § k LM rab.E�,NAX r OR me �.��.. �•a� � �- � � as ,? .w-_ -�_ �. `'woo''➢ � � _ _�. °a e m a _ g a 1, w •*s,'` +t;} .F� .4 s •t .� �►+igq (( 5: ,�zs•r �A ISM ` • ' 333 a.iNt Eti s �, �,� � C �' '.A, a �'`�a.�w.a�.. d...a^: �2�� e `•r� � �..'�•-,ty` ,"� ,::� s � ��N'F"' 1 t!M"*Rkrai�'� .7 e tu .� a< 3r e ✓,'Dt I k4 art � _..�.-� """Y? q• ^' "-.^T :«.¢• ••�'+ew+^•`�^` "'inn s4 � e.e &. .rw. ...•• «;n.M. � _,..{� �p4aa`&,�.ea' m^��,.k.b6c6 � ,weza.�...w-�w,<.ai�.i,�. ✓n<' wa??.a�" zw.�.ms:-:mra,em.<w.m..vYY:v�;..wkaawua.». - aw�uz�<'.+<'a-..swro.«<..s.,..,�.e..eoa.�x.�nra�•... <»,.3 ......:.:....�.,.ra,.'3:..'�w�a`;N �'+«- <z^*ws<:^• .,"' W ., y cTM yarn °"."'.'q^ .""" tea`^..:^^'. �"✓'.,"' .^'c..' "'i4v.:ww^"""m:� `�*�.��v s ,..�"w'.'i„23a°'S4 .. P -<, ,.�"'a'a' _yv h<�" -"a•--iwsswse. „�.,^.-" _ n > s I: n i AGENDA ITEM#: For Agenda of: July 28, 1998 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Initiation of Vacation proceedings for an approximately 13,140 square foot portion of Public Right-Of-Way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. PREPARED BY: Julia Powell Haiduk DEPT HEAD OK CITY ADMIN OK ----------- — — ISSUE BEFORE THE COUNCIL Should the City Council initiate Vacation proceedings involving an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue? STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution which sets a formal public hearing date on the petition for September 8, 1998. INFORMATION SUMMARY In the City vacation process of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. Specht Development is requesting that the City Council initiate Vacation proceedings for an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. The right-of-way had previously been dedicated as part of the West Portland Heights Subdivision. This right-of-way is un-improved and due to existing development on the west side of SW 70th Avenue, it does not appear that it will provide for "through" connections in the Tigard Triangle. The petitioner is requesting that the City vacate this portion of the public right-of-way so as to incorporate it into a development for an office complex. As part of that development and this Vacation, the dedication and improvement of SW Beveland Street will be required. Beveland Street is listed as a minor collector street on the Tigard Triangle Street Plan and will provide for"through"connections. Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration. Attachments: Exhibit A- (Petition Requesting Initiation for Vacation) Exhibit B -(Site Plan) Exhibit C- (Legal Description) Exhibit D - (Vicinity Map) — —M OTHER ALTERNATIVES CONSIDERED Take no action at this time. -- --- -- FISCAL NOTES There are no direct fiscal impact as a result of this request as all fees have been paid by the applicant. 7/28/98 Council Initiation of SW Franklin Street Public Right-of-Way Vacation Proceedings iAcitywide\sum\vacfrank.sum Julia PH 16-Jul-98 CITY OF TIGARD,OREGON RESOLUTION NO.98-_ A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FRANKLIN STREET. WHEREAS, the approximately 13,140 square foot portion of the road had previously been dedicated to the public with the platting of the West Portland Heights Subdivision; and WHEREAS, the approximately 13,140 square feet of public right-of-way between SW 69th Avenue and SW 70th Avenue known as SW Franklin Street is unimproved and currently not used in any form; and WHEREAS, the surrounding development patterns make the future extension of SW Franklin Street, west of SW 70th Avenue unlikely; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue(Exhibit"A"); and WHEREAS,the public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of approximately 13,140 square feet of public right-of-way commonly known as SW Franklin Street between SW 69th Avenue and SW 70th Avenue, as more particularly described in Exhibit "B" and Exhibit "C" and by reference, made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, September 8, 1998, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right- of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City RESOLUTION NO.98- iAcitywide\res\vacfrank.res 15-Jul-98 Julia PH Page 1 of 2 of Tigard, a notice of said public hearing, the first publication to be on August 20, 1998 and the final publication to be on August 27, 1998. The Recorder is 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. PASSED: This day of , 1998. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION N0.98- iAcitywide\res\vacfrank.res 15-Jul-98 Julia PH Page 2 of 2 STOEL RIVES LLP �X�IBIT ,A A T T O R N E Y S STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2300 PORTLAND,OREGON 97204-1268 Phone(503)224-3380 Faz(503)220-2480 TDD(503)221-1045 Intemet:www.stoel.com June 3, 1998 MICHAEL'C.ROBINSON Direct Dial (503)294-9194 email mcrobinson@stoel.com VIA FACSEUME Mr. James N.P. Hendryx City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Request to Set Hearing for Proposed Street Vacation Dear Jim: This law firm represents Specht Development Company. As you know, Specht is in the process of submitting an application for a Site Development Review application for its property south of Dartmouth Street between SW 69th Avenue and SW 70th Avenue. As part of this development, Specht would like to vacate a portion of SW Franklin Street, an unimproved public right-of-way. I have enclosed a map showing the proposed part of SW Franklin Street to be vacated between SW 69th Avenue and SW 70th Avenue. The proposed portion of SW Franklin Street to be vacated is unimproved and, to the best of my knowledge, neither contains nor is required to contain any easements for public utilities. Further, we have determined in our various meetings that it is impossible to extend SW Franklin Street west of SW 70th Avenue due to the recent construction of an apartment complex. Therefore, there is no apparent reason that this portion of SW Franklin Street cannot be vacated. ORS 271.100 requires that the City Council consider a petition for vacation and, if there appears to be no reason why the petition should not be allowed in whole or in part, the City Council shall fix a time for a formal public hearing upon the petition. I request that the City Council place this matter on its July 14, 1998 meeting agenda. I understand that if the City Council decides to hold a public hearing, the likely hearing date PDX i A-128605.1 23246-0008 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C. STOEL RIVES LLP Mr. James N.P. Hendryx ' June 3, 1998 Page 2 will be in early August, This will give the City enough time to prepare the notices of public hearing as required by ORS 271.110(1) and (2). Please call me if you have any questions. Please confirm in writing that the City Council will consider the public hearing request at its July 14, 1998 meeting. Very truly yours, I Michael C. Robinson MCR:lxh enclosure cc(w/encl.): Mr. Greg Specht (via facsimile) (w/encl.) Mr. Todd Sheaffer (via facsimile) PDX i A-128605.1 232460008 £JIBZT B i s.Vc UMMRST SWEET 30� 8800 5100 5200 z NOT O U �m 4600 5500 > r�^^ am Soo 4000 V BLOCK 21 BLOCK 73 Km z ?77777777♦ ii/iri r17ri ri�iii �i z z 8' 42W 4300 4500 5700 i (• s AC < silt FUNKL M m0mm (' 9100 1 8300 S a= 5100 Joao r r �m 2100 "00 7700 �. o � a, t1as0° BLOCK 30 BLOCK 20 V am aaoo 7600 � aw BeVEwNo SIVA= eao0 I I CASE N0c31 a CASE NAMEISI: t , Franklin Street SITE PLAN Public Right-of-Way EX—H-IBIT MAP N Vacation -06/08/98 11:28 G & L LAND SURUEYING -+ 5032202480 N0.655 D02 EXHIBIT C EYMIT "A" LEGAL DESCRIPTION FOR VACATION OF A PORTION OF SW FRANKLIN STREET A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Records located in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street), in said plat being more particularly described as follows: Beginning at the Northwest corner of Block 30 of said plat; Thence N 00°00'00" E, along the easterly right-of-way line of SW 70th Avenue (German Street), 60.00 feet to the Southwest comer of Block 21 of said plat; Thence leaving said easterly right-of-way line N 90°00'00" E, along the southerly line of said Block 21, 219.00 feet to the Southeast corner thereof and a point on the westerly right-of-way line of SW 69th Avenue (Washington Street); Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast comer of said Block 30; Thence leaving said westerly right-of-way line S 90°00'00" W. along the northerly line of said Block 30, 219.00 feet to the Point of Beginning. Containing 0.30 acres more or.less. This legal description along with the basis of bearings thereof, was established from the Plat of "West Portland heights", Washington County Plat Records. 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If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JULY 28, 1998 - PAGE 1 AGENDA 6:30 PM TIGARD CITY COUNCIL MEETING - JULY 28, 1998 • 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 current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > UPDATE: ATFALATI ORGANIZATION STATUS • Topic Introduction by Administration Department 7:30 PM 1. COUNCIL MEETING 1.1 Call to Order- City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. COMMENDATION -TONY PASSADORE • Police Chief Ron Goodpaster will make the commendation presentation. 3. VISITOR'S AGENDA 4. 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: 4.1 Approve Budget Adjustments a. Budget Adjustment No. 1 for Rape Crisis Center- Resolution No. 98- b. Budget Adjustment No. 2 for the Summerlake Playground Project Carryover and for a Boating Facility Maintenance Grant Resolution No. 98- c. Budget Adjustment No. 3 for Summerlake Weed Harvesting Resolution No. 98- COUNCIL AGENDA - JULY 28, 1998 - PAGE 2 4.2 Initiate Vacations a. Initiation of Vacation Proceedings for a Portion of SW 66th Avenue - Resolution No. 98- b. Initiation of Vacation Proceedings for a Portion of Public Right- Of-Way on SW Franklin Street between SW 69th Avenue & SW 70th Avenue - Resolution No. 98- 4.3 Approve Supplement No. 2 to the Intergovernmental Agreement for the Greenburg Road Improvements at Highway 217 4.4 Approve Changes to the Personnel Policies for Management, Supervisory and Confidential Employees - Resolution No. 98- 4.5 Local Contract Review Board (LCRB) a. Award Personal Computer Contract Bid to Caliber with Secondary and Tertiary Awards to Tangent and Cascade Computer Maintenance b. Award Contract to Springbrook Software for Utility Billing Software • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 5. CONSIDER GRAYMORE REQUEST FOR PRIVATE WETLANDS MITIGATION Staff Report: Community Development Department 6. REVIEW ALBERTSONS PARKLAND DONATION • Staff Report: Community Development Department 7. PUBLIC HEARING -AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE IN ITS ENTIRETY AND SECTIONS OF THE TIGARD COMPREHENSIVE PLAN a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: Proponents, Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 98- COUNCIL AGENDA - JULY 28, 1998 - PAGE 3 8. PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 10 -SW 100TH AVENUE AND INEZ STREET (Continued from June 23, 1998 Agenda) a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Engineering Department d. Public Testimony: Proponents, Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 98- 9. COUNCIL LIAISON REPORTS 10. NON-AGENDA ITEMS 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, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 12. ADJOURNMENT iAadm\cathy\cca1980728.doc COUNCIL AGENDA - JULY 28, 1998 - PAGE 4 J REQUEST FOR COMMENTS CITY OF TIGARD Community 1Development Shaping A(Better Community DATE: August 4,1998 TO: Lori Dorney,US West Communications FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell HalduK,Associate Planner Phone:[50316394111 Fax:[5031684-1291 RE: L� - ➢ FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. Attached is the Site Plan,Vicinity Map and Applicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDAY AUGUST 14,1998). You may use the space provided below or attach a separate letter to return your comments. If Von are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13126 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. X Written comments provided below: (Aease provide the fold ging information)Name of Person(s)Commenting: Phone Number[s]: z;,- S�.0 FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION PROPOSAUREQUEST FOR COMMENTS AGENDA ITEM#: r C� For Agenda of: July 28, 1998 ® CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiation of Vacation proceedings for an approximately 13,140 square foot portion of Public Ri ht-Of-Wa on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. 12 PREPARED BY: Julia Powell Hajduk DEPT HEAD OK �ACITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council initiate Vacation proceedings involving an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue? STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution which sets a formal public hearing date on the petition for September 8, 1998. INFORMATION SUMMARY In the City vacation process of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. Specht Development is requesting that the City Council initiate Vacation proceedings for an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. The right-of-way had previously been dedicated as part of the West Portland Heights Subdivision. This right-of-way is un-improved and due to existing development on the west side of SW 70th Avenue, it does not appear that it will provide for "through" connections in the Tigard Triangle. The petitioner is requesting that the City vacate this portion of the public right-of-way so as to incorporate it into a development for an office complex. As part of that development and this Vacation, the dedication and improvement of SW Beveland Street will be required. Beveland Street is listed as a minor collector street on the Tigard Triangle Street Plan and will provide for"through"connections. Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration. Attachments: Exhibit A- (Petition Requesting Initiation for Vacation) Exhibit B - (Site Plan) Exhibit C- (Legal Description) Exhibit D -(Vicinity Map) OTHER ALTERNATIVES CONSIDERED Take no action at this time. FISCAL NOTES There are no direct fiscal impact as a result of this request as all fees have been paid by the applicant. 7/28/98 Council Initiation of SW Franklin Street Public Right-of-Way Vacation Proceedings i:\citywidJulia PH Julia PH 16-Ju(-98 CITY OF TIGARD,OREGON RESOLUTION NO.98-_ A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FRANKLIN STREET. WHEREAS, the approximately 13,140 square foot portion of the road had previously been dedicated to the public with the platting of the West Portland Heights Subdivision; and WHEREAS, the approximately 13,140 square feet of public right-of-way between SW 69th Avenue and SW 70th Avenue known as SW Franklin Street is unimproved and currently not used in any form; and WHEREAS, the surrounding development patterns make the future extension of SW Franklin Street,west of SW 70th Avenue unlikely; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue(Exhibit"A"); and WHEREAS,the public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of approximately 13,140 square feet of public right-of-way commonly known as SW Franklin Street between SW 69th Avenue and SW 70th Avenue, as more particularly described in Exhibit "B" and Exhibit "C" and by reference, made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, September 8, 1998, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right- of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City RESOLIMON NO.98- iAcitywide\res\vacfrank.res Page 1 of 2 15-Jul-98 Julia PH of Tigard, a notice of said public hearing, the first publication to be on August 20, 1998 and the final publication to be on August 27, 1998. 'The Recorder is 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. PASSED: This day of , 1998. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.98- iAcitywide\res\vacfrank.res Page 2 of 2 15-Jul-98 Julia PH STOEL RIVES LLP YRIT A A T T O R N E Y S STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2300 PORTLAND,OREGON 97204-1268 Phone(503)224-3380 Fax(503)220-2480 TDD(503)221-1045 Internet.wwwstoeLcoln June 3, 1998 MICHAEL:C.ROBINSON Direct Dial (503)294-9194 email mcrobinsonestoel.com VIA FACSIMILE Mr. James N.P. Hendryx City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Request to Set Hearing for Proposed Street Vacation Dear Jim: This law firm represents Specht Development Company. As you know, Specht is in the process of submitting an application for a Site Development Review application for its property south of Dartmouth Street between SW 69th Avenue and SW 70th Avenue. As part of this development, Specht would like to vacate a portion of SW Franklin Street, an unimproved public right-of-way. I have enclosed a map showing the proposed part of SW Franklin Street to be vacated between SW 69th Avenue and SW 70th Avenue. The proposed portion of SW Franklin Street to be vacated is unimproved and, to the best of my knowledge, neither contains nor is required to contain any easements for public utilities. Further, we have determined in our various meetings that it is impossible to extend SW Franklin Street west of SW 70th Avenue due to the recent construction of an apartment complex. Therefore, there is no apparent reason that this portion of SW Franklin Street cannot be vacated. ORS 27 1.100 requires that the City Council consider a petition for vacation and, if there appears to be no reason why the petition should not be allowed in whole or in part, the City Council shall fix a time for a formal public hearing upon the petition. I request that the City Council place this matter on its July 14, 1998 meeting agenda. I understand that if the City Council decides to hold a public hearing, the likely hearing date PD X 1 A-128605.1 23246-0008 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON.D.C. STOEL RIVES LLP Mr. James N.P. Hendryx ' June 3, 1998 Page 2 will be in early August. This will give the City enough time to prepare the notices of public hearing as required by ORS 271.110(1) and (2). Please call me if you have any questions. Please confirm in writing that the City Council will consider the public hearing request at its July 14, 1998 meeting. Very truly yours, e, Michael C. Robinson MCR:Ixh enclosure cc(w/encl.): Mr. Greg Specht (via facsimile) (w/encl.) Mr. Todd Sheaffer (via facsimile) PDX 1 A-128605.1 23246-0008 EXHIBIT B Wt U„W STWEET 303 3eao 5100 5200 Z WEST O 3901 4900 6600 / 5 am Sao 4000 v GLm21 x« 22 Km Z 777-11 111117 111177Z Z 8: Q 4zoa 4300 4600 STOP ia. m � (� 0100 0000 s Ss00 Soo 1000 22m 2200 2300 LL dg d 7700 a l�l;1l D asBLOCK — 87a0 0000 &W KWILAND ZIFIET If OC07600 ��, ---- 000 CASE NOISI CASE NAMOSI: Franklin Street SITE PLAN Public Right-of-Way EXHIBIT MAP N Vacation 06i08i98 11:28 G 8 L IAND SURVEYING - 5032202480 N0.655 Det EXHIBIT C EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF A PORTION OF SW FRANKLIN STREET A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Records located in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street), in said plat being more particularly described as follows: Beginning at the Northwest corner of Block 30 of said plat; Thence N 00100'00" E, along the easterly right-of-way line of SW 70th Avenue (German Street), 60.00 feet to the Southwest comer of Block 21 of said plat; Thence leaving said easterly right-of-way line N 90°00'00" E, along the southerly line of said Block 21, 219.00 feet to the Southeast corner thereof and a point on the westerly right-of-way line of SW 69th Avenue (Washington Street); Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast comer of said Block 30; Thence leaving said westerly right-of-way line S 90000'00" W. along the northerly line of said Block 30, 219.00 feet to the Point of Beginning. Containing 0.30 acres more or.less. This legal description along with the basis of bearings thereof, was established from the Plat of "West Portland Heights", Washington County Plat Records. m .m 0 y prmm . Z 1 72ND O D DOD In �7 O S S 1 a y 4 �I E Z 69 N O f'r1 0o a m.o � S O m m v v D sM AVE 'o CL 0 O <CD Ho� � � $ II o• o �'� �' II Z o _ ? -9-01 cm II it 3 m � 1 • "dip, � . g ��` � � •• ',�� Y: �. ot* T .rover � a d� �k P-� i•+ � E ��J..,y �4g r r a °E-,f g o IT .y,.y ,a,. � P 73 �f� y�V 77 �y tl �ic-R �➢ � 9 � a �' � 9 w� Eft a r tt w a r a �»';�;= xx..�a^ a �' :*«-Krr° fid" r* ..�f ,m�za°� "�° E�P� �na� Xu' � ,.�..;��' "`2 �., �'�•; sem"-�` �' yrs "�` ,�, ;� � •�s a �w ^'{ +�.rer wa,„,..,a � 'Y wme'' a'° -�§m'"g"' ,yeY'r:.b�K'y�,� .�rt ..•' :....., ... m.:'. '', ..:. ��^L': ... � `�� _.....»'3i➢.1��"+ _ t 1 $ ) v • I _ C7 REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA(Better Community DATE: August 4,1998 TO: John Roy,Property Manager/Operations Department FROM: City of Tigard Planning Divlsi0n STAFF CrTACT: Powell Haiduk,Associate Planner Phone:15031639-4111 Fa)t[5031684-1291 RE: ➢ FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDAY AUGUST 14,19981. You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PL!ME CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (�lease provide the following information)Name of Person[s]Commenting: Phone Number(s): FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION PROPOSAUREQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community Devefopment Shaping,4 fetter Community DATE: August 4,1998 �,�� 5 TO: Tualatin Valley Water District Administrable Offices ,g98 FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell WIN(Associate Planner Phone:[50316394111 Fax:[50316841297 RE: ➢ FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. Attached is the Site Plan,Vicinity Map and Applicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDAY AUGUST 14,1998). You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Please provide the fol&uring information)Name of Person(s)Commenting: ' y f111i�✓ / FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION V PROPOSAUREQL4ST FOR COMMENTS AUG 0 5 1993 REQUEST FOR COMMENTS CITY OF TIGARD Community(Development B _.�..__-. shaping Better Community DATE: ugust 4,1998 TO: Julia Huffman,USA/SWM Program FROM: City of Tigard Planning Division STAFF CONTACT: JUlia Powell Nalft Associate Planner Phone:15031639-4111 Fax:[50316841297 BE: ➢ FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. Attached is the Site Plan,Vicinity Map and Applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDAY AUGUST 14,19981. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: �q?kase provide the f it wing information)Name of Person[sl Commentin - Phone Numberls): — o FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION PROPOSAUREQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community [Development Shaping A(Better Community DATE: August 4,1998 TO: Brian Rager,Development Review Engineer FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell HaiduK,Associate Planner Phone:(503)639-4111 Fax:[50316841291 RE: ➢ FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. Attached is the Site Plan,Vicinity Map and Applicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (FRIDAY AUGUST 14,19981. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: ft lease provide the fo&njing infomuation)Name of Persons]Commenting: Phone Number(s): m' FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION PROPOSAUREQUEST FOR COMMENTS AGENDA ITEM#: For Agenda of: July 28, 1998 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUFJAGENDA TITLE• Initiation of Vacation proceedings for an approximately 13,140 square foot portion of Public Right-Of-WE on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. PREPARED BY: Julia Powell Hajduk 1- DEPT HEAD OK WCITY)UADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council initiate Vacation proceedings involving an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue? STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution which sets a formal public hearing date on the petition for September 8, 1998. INFORMATION SUMMARY In the City vacation process of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. Specht Development is requesting that the City Council initiate Vacation proceedings for an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. The right-of-way had previously been dedicated as part of the West Portland Heights Subdivision. This right-of-way is un-improved and due to existing development on the west side of SW 70th Avenue, it does not appear that it will provide for "through" connections in the Tigard Triangle. The petitioner is requesting that the City vacate this portion of the public right-of-way so as to incorporate it into a development for an office complex. As part of that development and this Vacation, the dedication and improvement of SW Beveland Street will be required. Beveland Street is listed as a minor collector street on the Tigard Triangle Street Plan and will provide for"through"connections. Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration. Attachments: Exhibit A- (Petition Requesting Initiation for Vacation) Exhibit B - (Site Plan) Exhibit C- (Legal Description) Exhibit D -(Vicinity Map) OTHER ALTERNATIVES CONSIDERED Take no action at this time. FISCAL NOTES There are no direct fiscal impact as a result of this request as all fees have been paid by the applicant. ings i:\citywid 7/28/98 Council Initiation of SW Franklin Street Public Right-of-Way Vacation Proceedvacfrank.sum Julia P Julia PH 16-Jul-98 CITY OF TIGARD,OREGON RESOLUTION NO.98-_ A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FRANKLIN STREET. WHEREAS, the approximately 13,140 square foot portion of the road had previously been dedicated to the public with the platting of the West Portland Heights Subdivision; and WHEREAS, the approximately 13,140 square feet of public right-of-way between SW 69th Avenue and SW 70th Avenue known as SW Franklin Street is unimproved and currently not used in any form; and WHEREAS, the surrounding development patterns make the future extension of SW Franklin Street,west of SW 70th Avenue unlikely; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue(Exhibit"XI); and WHEREAS,the public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of approximately 13,140 square feet of public right-of-way commonly known as SW Franklin Street between SW 69th Avenue and SW 70th Avenue, as more particularly described in Exhibit "B" and Exhibit "C" and by reference, made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, September 8, 1998, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right- of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City RESOLUTION NO.98- iAcitywidekes\vacfrw&res Page 1 of 2 15-Jul-98 Julia PH of Tigard, a notice of said public hearing, the first publication to be on August 20, 1998 and the final publication to be on August 27, 1998. 'The Recorder is 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. PASSED: This day of , 1998. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.98- iAcitywide\res\vadrank.res Page 2of2 15-Jul-98 Julia PH STOEL RIVES LLP IRIT A A T T O R N E Y S STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE"SUITE 2300 PORTLAND,OREGON 97204-1268 Phone(503)224-3380 Faz(503)220-2480 TDD(503)221-1045 Internet:w stoelxom June 3, 1998 MIcHAEI:C.RosINSON Direct Dial (503)294-9194 email mcrobinsoni@stoel.com VIA FACSIMILE Mr. James N.P. Hendryx City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Request to Set Hearing for Proposed Street Vacation Dear Jim: This law firm represents Specht Development Company. As you know, Specht is in the process of submitting an application for a Site Development Review application for its property south of Dartmouth Street between SW 69th Avenue and SW 70th Avenue. As part of this development, Specht would like to vacate a portion of SW Franklin Street, an unimproved public right-of-way. I have enclosed a map showing the proposed part of SW Franklin Street to be vacated between SW 69th Avenue and SW 70th Avenue. The proposed portion of SW Franklin Street to be vacated is unimproved and, to the best of my knowledge, neither contains nor is required to contain any easements for public utilities. Further, we have determined in our various meetings that it is impossible to extend SW Franklin Street west of SW 70th Avenue due to the recent construction of an apartment complex. Therefore, there is no apparent reason that this portion of SW Franklin Street cannot be vacated. ORS 27 1.100 requires that the City Council consider a petition for vacation and, if there appears to be no reason why the petition should not be allowed in whole or in part, the City Council shall fix a time for a formal public hearing upon the petition. I request that the City Council place this matter on its July 14, 1998 meeting agenda. I understand that if the City Council decides to hold a public hearing, the likely hearing date P D X I A-128605.1 232460008 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C. STOEL RIVES LLP Mr. James N.P. Hendryx ' June 3, 1998 Page 2 will be in early August, This will give the City enough time to prepare the notices of public hearing as required by ORS 271.110(1) and (2). Please call me if you have any questions. Please confirm in writing that the City Council will consider the public hearing request at its July 14, 1998 meeting. Very truly yours, Michael C. Robinson MCR:Ixh enclosure cc(w/encl.): Mr. Greg Specht (via facsimile) (w/encl.) Mr. Todd Sheaffer (via facsimile) PDX 1 A-128605.1 23246-0008 -EXIBIT B 303 law 5100 5200 Z WEST 0 3901 4400 6600 C1 601 800 4000 0 BUM 21 BLDO( Z2 mm Z ♦ 11/11Y -111111,,'l,111 Z Z Q s J 42ao 4.300 4500 6700 / a. UL FRAWLM SUM 0 91001 6300 S 8.200 6100 / 1000 2201 2200 2300 / U. . j O d g N 7700 Nip SUM m U /fin �a 6700 8600 L5U�U7!U e�J 7600 aw e�Jro s>�-t 6aao CASE NOW&CASE NAMFiSI: .- J- Franklin Street SITE PLAN Public Right-of-Way EX—H-1B1T MAP Vacation 06/08/98 11:28 G 8 L IAND SURUEYING - 5032202480 N0.655 UO2 EXHIBIT C EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF A PORTION OF SW FRANKLIN STREET A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Records located in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street), in said plat being more particularly described as follows: Beginning at the Northwest corner of Block 30 of said plat; Thence N 00'00'00" E, along the easterly right-of-way line of SW 70th Avenue (German Street), 60.00 feet to the Southwest comer of Block 21 of said plat; Thence leaving said easterly right-of-way line N 90°00'00" E, along the southerly line of said Block 21, 219.00 feet to the Southeast corner thereof and a point on the westerly right-of-way line of SW 69th Avenue (Washington Street); Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast comer of said Block 30; Thence leaving said westerly right-of-way line S 90°00'00" W. along the northerly line of said Block 30, 219.00 feet to the Point of Beginning. Containing 0.30 acres more or.less. This legal description along with the basis of bearings thereof, was established from the Plat of "West Portland Heights", Washington County Plat Records. C m m 0 FEZEN y m� Z = O 1 72ND q� 0 0 33 0 E7 0 S y 1 Z 9 69 OFEyB O 0o a m� s� �m D 66TH AVE o CL o -� II 0 N I I `♦ � � oo = I I Z ' �• i T, =3 it 11 - � II II "o m � 3 3 c m CD_ 3 m 2 CO3 1 72ND q� 0 v 4 -i 3 0 x y 4 Z 9 69 0 -E E �� H189 -4 a 4 O co m� (n a o s �Cno m m c v 66TH AVE .D 0 CL m g' Il �o)Q � II < A o ol g zvo 2 II 3 m m � x M. g g '..x, ,�<. to e", .,<...r, � •, � f p—. < t AZ. .raw F 7-77 it , r yy d 4 i VVI, g , ' N+# arrygi.6�e a } W- u � 5 , a+ !!JLPE 0", i�+a+Fiii>it.;�'. • AUG 10 '98 oe:39AM NWNGRS ENGINEERING P.1 FAX NW • il 220 NW Second Ave Portland,OR 97209 Phone:220-2415 Fax 273,4822 u L� A Pow t..L Few 503 toff -"1aR�t Froth: rIOtTN WtSN1i.WS1�1 Phone: $O3 �1 Pagese o� tnGl �� ca-4 ( �o lets Rss l tJ cT �� V L1 t �;o;J G►A►�O+� CCI Urgent C3 For P.&WeW []Please Comment C]Please Reply 13Please RecYcls RJENGINEERW-0ffMQ1NEERlN0 FAX SHEET.AOC AUG 10 '9B 0B:39AM NWNGAS ENGINEERING P.2 A, k REQUEST FOR COMMENTS CITY OF TIOARD community om4pment Shapsng.A Gletter Community DATE: Au ust 1 TO: Scott Palmer,NW Natural Gas Ca FROM: City of Tigard Plannlna Olvil ion STAFF CONTACT: Julia Powell Naidule AssoclaYe Planner Phone:(503183941M Flt [5033 884.7297 RE: FRANKLIN STREET PUBLIC RISNT-OF-WAY VACATION Q The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of--way on SW Franklin Street between SW 6-9th Avenue and SW 70th Avenue and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. Attached is the Site Plan,Vii dill ty Map and APPOCant'S Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, Wim, blEEIJ YOUR COMMENTS BACK BY: (FRIO AOROST14r 1098). You may use the space provided below or attach a separate letter to return your comments. It are unable to reSpond DV the above date. please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY; ,C We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: {� �� infor►nation�Name of PerBentsl Commenting: J�o.T� L . W�5��EvvsK� PhoneNutnber(s): aaco 4-a.tit EVT 4335 FRANKLIN STREET PUBLIC RIGNr•OP-WAY VACATION PROPOSALrREouEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community lDevelopment Shaping A Better Community DATE: August 4,1998 TO: Michael Miller,Operations utility manager FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell RaldUK Associate Planner Phone:[5031639-4111 Fax:[50316847297 BE: ➢ FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDAY AUGUST 14,1998). You may use the space provided below or attach a separate letter to return your comments. If Von are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Pof our office. Please contact _ Please refer to the enclosed letter. Written comments provided below: (Aease provide the fAddnc ing information)Name of Person(s)Commenting: FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community lDevelopment ShapingA cBetter Community DATE: August 4,1998 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Hajduk,Associate Planner Phone:[5031639-4171 Fax:[50316847297 BE: ➢ FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDAY AUGUST 14,19981. You may use the space provided below or attach a separate letter to return your comments. If you are unable t0 respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: PLEASE have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Irlease provide the fof&a ing information)Name of Person[s)Commenting: Phone Number[s): 2 FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION PROPOSALREQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping A Better Community :TATE: August 4,1998 TO: Brian Moore,PGE Service Design Consultant FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Nalduk,Associate Planner Phone:15031639-4171 fax:150316847297 RE: ➢ FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDAY AUGUST 14,19981. You may use the space provided below or attach a separate letter to return your comments. If Von are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _vr We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: �,rkase provide the following information)Name of Person[s]Commenting: �1 Phone Number(s): 0 - 4"0 PROPOSAUREQUEST FOR COMMENTS FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION REQUEST FOR COMMENTS CITY OF TIGARD Community(Development Shaping A CBetter Community DATE: August 4,1998 TO: Elaine Self,GTE FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Nalduk,Associate Planner Phone:[5031639-4171 In 150316847297 RE: ➢ FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. Attached is the Site Plan,Vicinity Map and Applicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDAY AUGUST 14,19981. You may use the space provided below or attach a separate letter to return your comments. If you are linable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Pof our office. Please contact _ Please refer to the enclosed letter. Written comments provided below: (Aease provide the following information)Name of Person[s)Commenting: Phone Number[s): — FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION PROPOSAUREQUEST FOR COMMENTS AFFIDAVIT OF POSTING In the Matter of the Proposed l STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I I X/ ' C/W e Z . �� !"�� , being first duly sworn, on oath depose and say: That I posted in the following public and onspiquous p ac a copy of Nq�t . ice of n c Hea ng of the r4! ,� Gl� ;t -u7 t a copy of said notice being-hereto, attac d andy reference made a part hereo on the _-Z ay of , 19 Name o d Person Who PerformePosting ubscribed and sworn to before me this day of 19W,S Notary Public o Oregon My Commission Expires: g affpost OFFICIAL SEAL DIANE M JELDERKS NOTARY PUBLIC-OREGON COMMISSION NO.046142 MV COMMISSION EXPIRES SEPTEMBER 07,1999 CITY OF TIGARD Community(Deveropment ShapingA Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, SEPTEMBER 8. 1998 AT 0 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: 6611 AVENUE PUBLIC RIGHT-OF-WAY VACATION APPLICANT: Wiitala Property Management Co. AGENT: Ben Hanna Ben Hanna 15350 SW Sequoia Pkwy, Suite 300 15350 SW Sequoia Pkwy, Suite 300 Portland, Oregon 97224 Portland, Oregon 97224 REQUEST: Wiitala Property Management Co. requested that the City Council initiate vacation proceedings to vacate approximately 13,679 square feet of public right-of-way on SW 66 w Avenue located within the City of Tigard. LOCATION: Southwest 66th Avenue adjacent to and immediately south of SW Hampton Street. DATE PETITION WAS FILED: April 15, 1998 THE REQUEST OUTLINED ABOVE WAS INITIATED BY THE COUNCIL ON JULY 28. 1998 BY SETTING A FORMAL PUBLIC HEARING DATE OF SEPTEMBER 8. 1998. ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY SEPTEMBER 8. 1998 BY 7:30 P.M. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) 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 TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR CITY ENGINEER, AGUSTIN P. DUENAS, P.E. AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. (VICINITY MAP IS ON THE OTHER SIDE OF THIS NOTICE) FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION NOTICE OF 918198 CITY COUNCIL PUBLIC HEARING 0 0 3 3 c 0 (D CD 0 v 3 m D- ;uZ mo Dn O� Cum MU) <D Da n-u DIO mx CL m D O y A ! ! c ar a I ! cc) H d in in ! Z ° Z. p CD t ! z � tl co It m N Oiu � V CITY OF TIGARD Community(Development Shaping Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, F EPTEMBER 8. 1998 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION APPLICANT: Specht Development AGENT: Michael Robinson Todd Sheaffar 900 SW Fifth Avenue, Suite 2300 15400 SW Millikan Way Portland, OR 97204-1268 Beaverton, OR 97006 REQUEST: Specht Development requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street located within the City of Tigard. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998 THE REQUEST OUTLINED ABOVE WAS INITIATED BY THE COUNCIL ON JULY 28. 1998 BY SETTING A FORMAL PUBLIC HEARING DATE OF SEPTEMBER 8. 1998. ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY SEPTEMBER 8. 1998 BY 7:30 P.M. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) 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 TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR JULIA POWELL HAJDUK, ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. (VICINITY MAP IS ON THE OTHER SIDE OF THIS NOTICE) FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION NOTICE OF 9/8/98 CITY COUNCIL PUBLIC HEARING 3 � 3 c m CD 0 3 m Q) CD 0 1 72ND q� O O To 3 O S 2 ti Z 69 RL99 O w a 1 S o -v T m v c 66TH AVE v 0 CL w - = a O II w � � g II o• o r'• '� II z ol a 3 c m CD, 3 ID -E cn X v 1 O 72ND FFVq�F 0 0 i v O 1 Z 1 Z 69 H189 -1 0 C=s m y cn S O O m N m m v v 66TH Ave v 0 CL 0-0 Tl (O �,,, w g� r, g �• 0 � �A °. N z► II FYR R �� rL m d REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping,4 Better Community DATE: August 4,1998 TO: PER ATTACHED FROM: City of Tigard Planning Dlv[s101111 STAFF CONTACT: Julia Powell Halft Associate Planner Phone:[5031639-4111 Fax:[50316841291 BE: ➢ FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. Attached is the Site Plan,vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDAY AUGUST 14,19981. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Blease provide the following information)Name of Person[s]Commenting: Phone Number[sh FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE S COMMUNITY DEVELOPMENT APPLICATIONS crrAre>I (c)(E)(S]two CITIIEIIINVOLYE�IENTtEAMS ° .: m •r.fnw.w�> ,rars.. FILE NO[Sl: FILE NAMEISI: /-',7/<I CROFFICES. (/ADVANCED PLANNING/Nadine Smith,PI.A-ing supwv COMMUNITY DVLPMNT.DEPTJN4-m Sv T.chnki.rw :,-POLICE DEPT./Jim Wolf,c-m.Prw.nbo-ot— _BUILDING DIV./David Scott,B- irgonky ;ENGINEERING DEPT./Brian Hager,DwP -t.Rw.r.e-gi. NATER DEPT./Michael Miller,o,.r.-o-.Me-.9« CITY ADMINISTRATION/Cathy Wheatley,city R—dw r ftPERATIONS DEPT./John Roy,Propwwmmagw _OTHER SPECK 3��CTS, _TUAL.HILLS PARK&REC.DIST.*_TUALATIN VALLEY FIRE&RESCUE* -,TUALATIN VALLEY WATER DISTRICT* _UNIFIED SWRGE.AGENCY Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Street Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 q>"LOCAL AND,STATE 1081SDICTtONS _CITY OF BEAVERTON _CITY OF TUALATIN O _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE _Mike Matteucci,Nagwma.Cowd. PO Box 369 PO Box 59 Salem,OR 97310-1337 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 —550 PUB.UTILITIES COMM. _METRO-LAND USE&PLANNING _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street,NE _CITY OF DURHAM 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 _US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. 333 SW First Avenue _Mel Huie,Greenapa-aaCoordmatw(CPA•e(z0A'5) 1175 Court Street,NE PO Box 2946 _CITY OF KING CITY* Salem,OR 97310-0590 Portland,OR 97208-2946 City Manager _METRO AREA BOUNDARY COMMISSION 15300 SW 116th Avenue 800 NE Oregon Street _OREGON DEPT.OF TRANS.(ODOT) _WASHINGTON COUNTY+If King City,OR 97224 Building#16,Suite 540 Aeronautics Division Dept.of Land Use&Trans. Portland,OR 97232-2109 Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO O 3040 25th Street,SE Suite 350,MS 13 Planning Director _OR.DEPT.OF ENERGY Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Bonneville Power Administration Lake Oswego,OR 97034 Routing TTRC-Attn: Renee Ferrera _ODOT,REGION 1 IF _ Brent Curtis(CPA's) PO Box 3621 Sonya Kazen,Dvtpmt.Rev.Cod. _ Scott King(CPAs) _CITY OF PORTLAND Portland,OR 97208-3621 123 NW Flanders _ Mike Borreson(E-gnaar) David Knowles,Planning Bureau Dir. Portland,OR 97209-4037 _ Jim Tice(IGA s) Portland Building 106,Rm. 1002 _OREGON,DEPT.OF ENVIRON.QUALITY _ Tom Harry to www Pi App-,) 1120 SW Fifth Avenue 811 SW Sixth Avenue _ODOT,REGION 1-DISTRICT 2A _ Phil Healy(cnr.ent Pi.Ape.) Portland,OR 97204 Portland,OR 97204 Jane Estes,Permit spwanst Sr.Cartographer(cPArzCA-MS 14) PO Box 25412 Portland,OR 97298-0412 �ITILvvIiYPR SAND SMIAL�AUNCIES _BURLINGTON NORTHERN/ �e�Cl PORTLAND GENERAL ELECTRIC c/fCI CABLEVISION OF OR. SANTA FE R/R _MACRO EAC UNI TION _ Reed Fay,Division Superintendent Jason Hewi Brian Moore,Svc.Design Consultant Linda Peterson 1313 W. 11th Street Twin Oaks Te logy Center 9480 SW Boeckman Road 3500 SW Bond Street Vancouver,WA 98660-3000 1815 NW th Pla -6020 Wilsonville,OR 97070 Portland,OR 97201 Beave ,OR 97006-4886 MBI CAB E C M NY _PORTLAND WESTERN R/R _TRI-MET TRANSIT DVLPMT. tl r Eye ne --NW NATURAL GAS COMPANY Steve Myhr,Region Manager Michael Kiser,Project Planner 1 1 0S oo urt Scott Palmer Catellus Property Management 710 NE Holladay Street ea OR 05 220 NW Second Avenue 999 Third Avenue,Suite 2120 Portland,OR 97232 Portland,OR 97209-3991 Seattle,WA 98104-4037 ,,bENERAL TELEPHONE Elaine Self,Engineering _OREGON ELECTRIC R/R _SOUTHERN PACIFIC TRANS.CO.R/R _'IJS WEST COMMUNICATION MC: OR030546 (Burlington Northern/Santa Fe FUR Predassor) Clifford C.Cabe,Construction Engineer Lori Dorney,Engineering Dept. Tigard,OR 97281-3416 Reed Fay,Division Superintendent 5424 SE McLoughlin Boulevard 421 SW Oak Street,Rm. 110 1313 W. 11th Street Portland,OR 97232 Portland,OR 97204 Vancouver,WA 98660-3000 - IMOICAfNS AVTO*"f#C MOMSCAVOM Of WIMSM 890'Of TNL SU"N"IIt00=ff/OR AMI/ALL C!!/tROariciie (V~XCJ PLAMMSu IS OSSAOOMBAS fou 4XMCAf#A4•Auras TO MOrifr) h:lpatty4nastersVfcnotiee.mst 16-Jan-98 3 c m CD, V m 1 m m x ID z y O 72ND O O 0 0 x w 1 ` z 9 6s H199 c A m M a m� 1 so 4 m m v v 66TH AVE T 0 O J °' II o• o M II T Z o fU A II 3 m03 fpm II to w � 3 m - 3 v ? 4 s Y O p � A C QJ Im WAC) 1 � 't z► � WIN 0 nPoeC Q a A m • 8 4� � CITY OF TIGARD Community(Development SkapingA Getter Community PROPOSAL DESCRIPTION FILE TITLE: FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION APPLICANT: Specht Development AGENT: Michael Robinson Todd Sheaffar 900 SW Fifth Avenue, Suite 2300 15400 SW Millikan Way Portland, OR 97204-1268 Beaverton, OR 97006 (503) 294-9194 REQUEST: The petitioner has requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way and set a formal public hearing date of September 8, 1998 to consider the request. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998. CIT: CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY DATE COMMENTS DUE: Thursday, August 13,1998 STAFF DECISION DATE OF DECISION: PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 X CITY COUNCIL DATE OF HEARING: SEPTEMBER 8, 1998 TIME: 7:30 PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION K VICINITY MAP LANDSCAPING PLAN NARRATIVE K ARCHITECTURAL PLAN SITE PLAN K OTHER STAFF CONTACT: Julia Powell Hajduk Associate Planner (503) 639-4171 x407. FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION PROPOSAUREQUEST FOR COMMENTS z STOEL RIVES LLP A T T O R N E Y S STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2300 PORTLAND,OREGON 97204-1268 Phone(503)224-3380 Fax(503)220-2480 TDD(503)221-1045 Internet:www.stoel.com July 13, 1998 MICHAEL C. ROBINSON Direct Dial (503) 294-9194 email mcrobinson@stoel.com VIA MESSENGER Mr. Julia Hajduk Associate Planner City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, Oregon 97223 Re: Petition to Vacate Part of SW Franklin Street by Specht Development Company Dear Julia: Please find enclosed the following: 1. A check in the amount of $1,530.00 as the deposit for the street vacation proceeding. 2. Two (2) affidavits of consent to the vacation of a portion of SW Franklin Street by the abutting property owners, Donald E. Pollock and Donald E. Pollock and Richard L. Carpenter. 3. Two (2) affidavits of consent to the vacation of a portion of SW Franklin Street by affected property owners constituting the ownership of 66-2/3 percent of the area described in ORS 271.080(2) by Donald E. Pollock and Richard L. Carpenter. 4. A map showing the portion of SW Franklin Street proposed to be vacated. 5. A legal description of the area of SW Franklin Street proposed to be vacated. PDX1A-134400.1 23246-0008 SFATTLF PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.G. STOEL RIVES Mr. Julia Hajduk July 13, 1998 Page 2 Please call me and tell me at which City Council meeting the City Council will consider whether to set the public hearing date pursuant to ORS 27 1.100 for the public hearing on this vacation request. As I have discussed with you previously, I understand this meeting date to be scheduled for July 28, 1998 and the proposed public hearing date to be scheduled for September 8, 1998. This street vacation request is made pursuant to ORS 271.080(1) which authorizes any person to file a petition for vacation. My client has not requested that the City Council act under ORS 271.130(l). Please call me so that we can discuss this matter. Very truly yours, & ) @- [-�; 4, Michael C. Robinson MCR:ipc Enclosures cc(w/o encls.): Mr. Greg Specht (via facsimile) (w/o encls.) Mr. Todd Sheaffer (via facsimile) PDX 1 A-134400.1 23246-0008 AFFIDAVIT OF MAILING ' cmr of noun Community,Development ShapingA(Better Community SZATgE O(F OW EG09V ) County of Washington )ss. City of TWard ) 1, Tatricia L. Lunsford being first duly swom/affirm, on oath depose and say that I am an Administratity Specialist II for the City of Tigard 'Washington County, Oregon and that I served the following: (a■ft'pom &Kz)eabw) ❑ NOTICE OF DECISION FOR: ❑ AMENDED NOTICE (Fde No.Meme Retererne) ❑ City of Tigard Planning Director NOTICE OF PUBLIC BEARING FOR: 2:�,F&ax )tv k ❑ AMENDED NOTICE Fae No./Nem Relleim aee d PudC Haamo ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer [IV Tigard Planning Commission Tigard City Council ❑ NOTICE OF HNAL ORDER FOR: ❑ AMENDED NOTICE Fie NoA 40M Reference) PM d Pubft ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF. FOR: (ryp&Kkid d NMm) Fft NaA4&+e Reterg,ce) (Daw d Public Hemmg,a aopcao" A copy of the PUBLIC HEARING NOTICE/NOTICE OF OECISIONINOTICE OF FINAL ORDER/OTHER NOTICEW of which is attached, marked UM "A", was maded to each med pq�son(s) at the address(s) shown on the attached list(s), marked bMK",Bq",ff the day of _ 1998, and deposited in the United States Mail on the day of 1 98,postage prepaid. r r , u �z (Person fh—af Prepa Ice) �( Subscribed and sworn/affirmed before me on the_ day of ''&:Ilam OFFICIAL SEAL DIANE M JELDERKS NOTARY PUBLIC-OREGON / } NOTA COMMISSION NO.046142 NOTARY PUBLIC OF OR 0 MY COMMISSION EXPIRES SEPTEMBER 07,1999 My C0M n r EXHI P A CITY OF TIGARD Community Development ShapingA(Better Community PUBLIC NEARING NOTICE -1 NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY. SEPTEMBER 8. 1998 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION APPLICANT: Specht Development AGENT: Michael Robinson Todd Sheaffar 900 SW Fifth Avenue, Suite 2300 15400 SW Millikan Way Portland, OR 97204-1268 Beaverton, OR 97006 REQUEST: Specht Development requested that the City Council initiate vacation proceedings to vacate approximately 13,140 square feet of public right-of-way on SW Franklin Street located within the City of Tigard. LOCATION: Southwest Franklin Street between SW 69th Avenue and SW 70th Avenue. DATE PETITION WAS FILED: JUNE 3, 1998 THE REQUEST OUTLINED ABOVE WAS INITIATED BY THE COUNCIL ON JULY 28. 1998 BY SETTING A FORMAL PUBLIC HEARING DATE OF SEPTEMBER 8, 1998. ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY SEPTEMBER 8. 1998 BY 7:30 P.M. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) 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 TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR JULIA POWELL HAJDUK, ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. (VICINITY MAP IS ON THE OTHER SIDE OF THIS NOTICE) FRANKLIN STREET PUBLIC RIGHT-OF-WAY VACATION NOTICE OF 9/8/98 CITY COUNCIL PUBLIC HEARING 2S101AA 03901 01AA 04000 °" " CARPENTER RICHARD L �i�21 E 1834 SW 58TH#202 PORTLAND,OR 97221 2S101AA-04200 2S101AA-04300 POLLOCK DONALD E& LANDMARK FORD INC 1834 SW 58TH#202 PO BOX 23970 PORTLAND,OR 97221 TIGARD,OR 97281 2S101AA-04500 O1 AA-05200 LOUIE RICHARD C AND LAND INC 8860 SW BOMAR CT PO BO 9 TIGARD,OR 97223 T RD,OR 9728 2S 101 AA-05500 01 AA-05700 CORLISS JAMES L&CORA K COR S ES L&CORA K PO BOX 23970 POB 70 TIGARD,OR 97281 T ARD,OR 81 2S101AA-07700 2S101AA-08100 CHORUBY PAUL N FUEGY ALLEN AND RAYMOND 12520 SW 68TH AVE#A 12480 SW 68TH PKWY SUITE A TIGARD,OR 97223 TIGARD,OR 97223 2S101AA-08200 2S101AA-08300 ROTH JACOB TIMOTHY JR&THERESA R&W PARTNERS 12600 SW 72ND AVE#200 12600 SW 72ND AVE#200 TIGARD,OR 97223 TIGARD,OR 97223 101AA 08301 1AA 08500 RO ACOB TI HY JR&THERESA R&W RT S 12600 S AVE#200 1260 DAVE#200 T OR 3 ARD,OR 97 01 AA-09100 2S 101 AB-01000 POLL LD E HAMPTON PARK LLC 1834 S 8 TE 202 4000 KRUSE WAY PL BLD 1 STE 275 P TLAND,OR 21 LAKE OSWEGO,OR 97035 SPECHT DEVELOPMENT MICHAEL ROBINSON TODD SHEAFFAR 900 SW FIFTH AVENUE, SUITE 2300 15400 SW MILLIKAN WAY PORTLAND OR 97204-1268 BEAVERTON OR 97006 ODOT, REGION 1 RIGHT-OF-WAY SECTION 123 NW FLANDERS PORTLAND OR 97209-4037 STOEL RIVES LLP A T T O R N E Y S RECEIVED PLANNING STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2300 PORTLAND,OREGON 97204-1268 AUG 2 8 1998 Phone(503)224-3380 Fax(503)220-2480 �.�p� TDD(503)221-1045 alY OF TIGM Internet:www.stoel.com August 27, 1998 MICHAEL C.ROBINSON Direct Dial (503)294-9194 email mcrobinson@stoel.com Ms. Julia Hajduk Associate Planner City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Vacation of a Portion of SW Franklin Street Dear Ms. Hajduk: This law firm represents the Specht Development Company ("Specht"). I am writing to confirm Specht Development's support for the City Council-initiated street vacation of SW Franklin Street and to explain why the street vacation should be approved. I have enclosed a legal description of the portion of the street to be vacated (See Exhibit 1), and a map of the street to be vacated and the affected area. (See Exhibit 2). Specht is preparing to submit an application to develop a Class "A" office park development on both sides of SW Franklin Street between SW 70th and SW 69th Avenues. As we have discussed, part of Specht's application will include the dedication and development of SW Beveland Street from SW 70th Avenue on the west to SW 69th Avenue on the east. SW Beveland Street is shown in the Tigard Triangle Plan as providing an east- west connection between SW 72nd Avenue and the area to the east. (See Exhibit 3). SW Franklin Street is an undeveloped right of way between SW 69th Avenue and SW 70th Avenue. It is in the middle of Specht's development. Because of development west of SW 70th Avenue, it will not be possible to extent SW Franklin Street to the west. Further, with the development of SW Beveland Street, the east-west transportation needs of the Tigard Triangle will be met in this area by SW Beveland Street and not SW Franklin Street. Vacation of SW Franklin Street will serve the public interest, will allow Specht to fully PDX1A-140010.1 99999-0006 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C. STOEL RIVES LLP Ms. Julia Hajduk August 27, 1998 Page 2 develop its property and will result in Specht dedicating and constructing SW Beveland Street. The criteria for a City Council-initiated street vacation is found in ORS 271.130. The City Council can find that these criteria are satisfied. First, the two abutting property owners (current owners of part of the property to be developed by Specht, Tax Lots 4200 and 9100) support the street vacation. See Exhibit 4). Specht's sellers are the only abutting property owners to the portion of SW Franklin Street to be vacated. (See Exhibit 3). Secondly, the owners of two other lots within the "affected area" of the street vacation (Tax Lots 3901 and 4000) support the street vacation. (See Exhibit 5). Finally, the City Council can find that the street vacation will not prejudice an articulable public interest. SW Franklin Street is not needed for transportation, utility or park purposes. For all of these reasons, Specht supports the City Council-initiated street vacation and urges the City Council to approve the vacation. My final comments have to do with the notice of hearing for the September 8, 1998 hearing. The first paragraph states that the City Council will consider a public right-of-way and easement vacation. I have confirmed with you that there is no public easement within the proposed right-of-way to be vacated. Therefore, no easement vacation will occur as a result of this hearing. Secondly, the third paragraph states that a staff report will be available seven (7) days prior to the hearing. I have confirmed with you that no staff report will be prepared, other than the City Council item summary that you have already prepared. Please see that this letter is included within the City Council's packet for this matter. Very truly yours, fy t I� LL A` e Michael C. Robinson MCR:tj Enclosures cc: Mr. Greg Specht (w/encls.) Mr. Todd Sheaffer (w/encls.) P D X 1 A-140010.1 99999-0006 EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF A PORTION OF SW FRANKLIN STREET A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Records located in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street), in said plat being more particularly described as follows: Beginning at the Northwest corner of Block 30 of said plat; Thence N 00°00'00" E, along the easterly right-of-way line of SW 70th Avenue (German Street), 60.00 feet to the Southwest comer of Block 21 of said plat; Thence leaving said easterly right-of-way line N 90°00'00" E, along the southerly line of said Block 21, 219.00 feet to the Southeast corner thereof and a point on the westerly right-of-way line of SW 69th Avenue (Washington Street); Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast corner of said Block 30; Thence leaving said westerly right-of-way line S 90000'00" W. along the northerly line of said Block 30, 219.00 feet to the Point of Beginning. Containing 0.30 acres more or less. This legal description along with the basis of bearings thereof, was established from the Plat of "West Portland Heights", Washington County Plat Records. EXHIBIT 1 1 C3 8 If 3ror!Kv HLN ggC2 [ \ toes �3 8 � g a y 3 g b 3MMY mm Ull oo�ooa ` �ooa-� a � , � . � g o 3MMV H10L 9N* $ N N 1 N N a EXHIBIT 2 ?r oO � a r-3 a — C.3 0 a i� -J O O 60•R 000 c Opopav B i D 0 0 ' CxnC=o o q oo9go"G�;Q� a OD Toolbox Q o 0 0 0 0 OO 0 00 000 11 °00044 ; O 000po p 0 li 0 ♦OC'o cm o o 000 o P o W 00 a a s ate° 00 4 � ca O Q D • 1 1 Le end Arterial � � r � Mayor Art Minor Arterial Local Collector Local Street Frontage Road o 0 0 ODOT Tool Box Potential Rotary Locations O x a W Tigard Triangle ian le Street Plan City of Tigard spencer& KupPe' • Lloyd D. Lindley, ASLA • Cogan Owens Cogan March+, 1997 14 AFFIDAVIT OF CONSENT TO THE VACATION OF A PORTION OF S.W. FRANKLIN STREET IN TIGARD, OREGON I, Donald E. Pollock, after having reviewed Exhibit "A", attached hereto and incorporated herein, and being an abutting property owner as described in ORS 271, do hereby freely give my consent to the aforementioned vacation petition. Printed ame: Donald E. Pollock Tax Lot 2S 101 AA 09100 STATE OF OREGON ) ) SS. County of This instrument was acknowledged before me on this�� day of r , 1998, by Donald E. Pollock. Notary Public of Oregon 6, OFFICIAL SEAL ANNE P.SAVARIA NOTARY PUBLICOREGON COMMISSION NO.052706 epw COMMISSION MIRES APRIL 9,2000 EXHIBIT 4 g 0 0 0 o S o to 3nN3&V HLBS AAS \ pp \ O co O Q C C ,p LO€H a"'o � � � m m LM co \ 3rdMV H1e9 AILS ,o0-00a o C' C3 S C S m o cr1 •- Cf C M t 3nN3&V K= A'S c � o n oo g g m go o 0 N N EXHIBIT "A" n AFFIDAVIT OF CONSENT TO THE VACATION OF A PORTION OF S.W. FRANKLIN STREET IN TIGARD, OREGON We, Donald E. Pollock and Richard L. Carpenter, after having reviewed Exhibit"A", attached hereto and incorporated herein, and being abutting property owners as described in ORS 271, do hereby freely give our consent to the aforementioned vacation petition. Printed Name: Donald E. Pollock 0 Printed Name: Rich ` L. Carpenter Tax Lot 2S 101 AA 04200 STATE OF OREGON ) ) SS. County of ) This instrument was acknowledged before me on this�day of 1998, by Donald E. Pollock. OFFICIAL SEAL ANNE P.U BAVARIA NOTARY PUBLICOREGON \•.. commSSION NO.052706 Notary Public of Oregon MY COMMISSION E)IRES APRIL 9.2000 �_ � _07 000 STATE OF OREGON ) ) SS. County of 04Zit/, %IJA ) This instrument was acknowledged before me on this day of 198 , 1998, by Richard L. Carpenter. OFFICIAL SEAL LAURIE D. LONTO Notary Pub 1c of Orego NOTARY PUBLIC-OREGON COMMISSION NO.306926 914Y COMMISSION EXPIRES NOV.17,2001 $ 9 ad ad 0 to O p ^ O 3nN3AY HLB9 A'S o 0 8 \ OO C N C co cc c m co m \ 3nN3&Y HL99 7M7S 11 p ,00•ooz �•oo�— Q \ CL o Ooo o a C14 t c 3nN3&V HLOL IA'S o CM 1 C) o g g m coo \ o 0 N O EXHIBIT "A" n �'. AFFIDAVIT OF CONSENT TO THE VACATION OF A PORTION OF S.W. FRANKLIN STREET IN TIGARD, OREGON I, Donald E. Pollock, after having reviewed Exhibit "A", attached hereto and incorporated herein, and being an affected property owner as described in ORS 271, do hereby freely give my consent to the aforementioned vacation petition. �4 ' iell� Printed Name: Donald E. Pollock Tax Lot 2S 101 AA 04000 STATE OF OREGON ) ) SS. County of -c ) This instrument was acknowledged before me on this�s�7 day of d 1998, by Donald E. Pollock. Notary Public of Oregon OFFICIAL SEAL 0 ANNE P.SAVARIA - NOTARY PUBLIC-OREGON COMMISSION NO.052N6 w COMMMION CORES APRIL 9,2000 EXHIBIT 5 O O O O^ a m o m r- \ 3nN3AV PHOS 7YlS � o o co o o c O C c Nin m ,n M :3WEE ao C-4 ,n :3 � C f m C2 rC3 g Q S Lf d ♦ 000 CQ m c \ 3nN3&V H189 MS IP ;00'00Z Q '00a Q o � a !00 � . o g m 3nNM'f R= cm \ q o � g CM m co \ \ 0 N N EXHIBIT "A" n 9TS ON �8b�0�� i Q n aT 'aT /CA AFFIDAVIT OF CONSENT TO THE VACATION OF A PORTION OF S.W. FRANKLIN STREET IN TIGARD, OREGON I, Richard L. Carpenter, after having reviewed Exhibit "A", attached hereto and incorporated herein, and being an affected property owner ad described in ORS 271, do hereby freely give my consent to the aforementioned vacation petition. Printed Name: Rich L. Carpenter Tax Lot 2S 101 AA 03901 STATE OF OREGON ) ) SS. County of This instrument was acknowledged before me on this ,Z day of J&,A/,E ,98 , 1998, by Richard L. Carpenter. OFFICIAL SEAL LAURIE D. LONTO Notary Public of Oregon NOTARY PUBLIC-OREGON COMMISSION NO.306926 2001 (amy COMMISSION EXPIRES NOV.17, f co f h ad at d C] O^ m 'n m �` r 3nN3&V HL89 WS Q O Q Lo Q m C cop O CCt Q 8 Q u "� coo m c 3nN3&Y FLLOS 7K'S 'oo�--- N a . cl g $ Q $ C3 c c � t w n 3nN3&y HLOL Im's 0 � g � � o nennnn o C14 oo g co s o O lV O EXHIBIT "A" v ,�.• 9TS'ON QEb2Q?c 4 q R 1 :qT 9Fil_�,�C2 AFFIDAVIT OF CONSENT TO THE VACATION OF A PORTION OF S.W. FRANKLIN STREET IN TIGARD, OREGON I, Donald E. Pollock, after having reviewed Exhibit"A", attached hereto and incorporated herein, and being an abutting property owner as described in ORS 271, do hereby freely give my consent to the aforementioned vacation petition. Printed Name: Donald E. Pollock Tax Lot 2S 101 AA 09100 STATE OF OREGON ) ) SS. County of This instrument was acknowledged before me on this day of , 1998, by Donald E. Pollock. Notary Public of Oregon p OFFICIAL SEAL ANNE P.BAVARIA NOTARY PUBLIC-OREGON 41#�� My COMMISSION NO.052706 COMMISSION EXPIRES APRIL 9,2000 O 0 O 0 O n to m r r 3nN3AY HL99 A's 0 'Q+ O p co Q O C S \ g p O C Z' co m r co cc c N WEB p � C 0 0 p S 4 C 0 O q m [ N 3nN3&Y RL69 MS � a � S o Sa � $ � � C13 03 pri N S \ o o g $ o n o n °p m g Go \ 0 0 N N EXIIIBIT "A" 04 MTC'nKl GiRh?G1�r I 'R n RT :gT AFFIDAVIT OF CONSENT TO THE VACATION OF A PORTION OF S.W. FRANKLIN STREET IN TIGARD, OREGON We, Donald E. Pollock and Richard L. Carpenter, after having reviewed Exhibit"A", attached hereto and incorporated herein, and being abutting property owners as described in ORS 271, do hereby freely give our consent to the aforementioned vacation petition. Printed Name: Donald E. Pollock Printed Name: Richf L. Carpenter Tax Lot 2S 101 AA 04200 STATE OF OREGON ) ) SS. County of ( ) This instrument was acknowledged before me on this o` day of 1998, by Donald E.Pollock. OFFICIAL SEAL ANNE P.SAVARlA NOTARY PUBLIC-OREGON COMMISSION N0.052706 Notary Public of Oregon _ 000 My COMMISSION EXPIRES APRIL 9,2000 STATE OF OREGON ) SS. County of &M-- f#/A/, %ZW ) This instrument was acknowledged before me on this day of fall c' 'M , 1998, by Richard L. Carpenter. - - - - - - - -- - - - - - - OFFICIAL SEAL LAURIE D. LONTO Notary Pub is of Orego NOTARY PUBLIC-OREGON COMMISSION NO.306926 COMMISSION EXPIRES NOV.17 2001 Kmy 1 S � $ a 0 O 8 ao �` r 3nN3AY HLBas Q S O N S \ co Q c0 c m o 9 a cc m [ \ 3nN3&Y HL89 M'S 400'OOZ Dzz 0 m nen sSa $ C3 n as n 3nN3AY HLOL IIA7 0 \ S Q coo o 0 N N 0 ` EXHIBIT "A" C4 4T Clea �Rb�FIZ� n BT :gT 86/LF-/qo AFFIDAVIT OF CONSENT TO THE VACATION OF A PORTION OF S.W. FRANKLIN STREET IN TIGARD, OREGON I, Richard L. Carpenter, after having reviewed Exhibit"A", attached hereto and incorporated herein, and being an affected property owner ad described in ORS 271, do hereby freely give my consent to the aforementioned vacation petition. Printed Name: Richa6lL. Carpenter Tax Lot 2S101AA 03901 STATE OF OREGON ) SS. County of . .. / ) This instrument was acknowledged before me on this ,1 day of ,TLS"hle 98 1998, by Richard L. Carpenter. OFFICIAL SEAL A cz2u 45�5 LAURIE D. LONTO I Notary Public of Oregon NOTARY PUBLIC—OREGON COMMISSION NO.306926 GMY COMMISSION EXPIRES NOV.17 2001 S O $ ae a a o $ o � O m in m r r 3nN3Ar HL99 Ws N 0 b O O O O O O O � N l0€E c if'3 co � m 0C2 C3 S 4 S 0 co m 3nN3AV HLes MIS ,00-oaz ¢ ooa---- S S a $ m � t � M 3nK3RY HLOL 7Yl'S o g Q� o pb o o g 4� O CCIA � m oso � o 0 N N EXHIBIT "A" N /f , 1 C319 'ON 9 OT :9T 66/LZ/SE AFFIDAVIT OF CONSENT TO THE VACATION OF A PORTION OF S.W. FRANKLIN STREET IN TIGARD, OREGON I, Donald E. Pollock, after having reviewed Exhibit "A", attached hereto and incorporated herein, and being an affected property owner as described in ORS 271, do hereby freely give my consent to the aforementioned vacation petition. W4t0 iell6'/- Printed Name: Donald E. Pollock Tax Lot 2S 101 AA 04000 STATE OF OREGON ) ) SS. County of �-c,e'iL� ) This instrument was acknowledged before me on this day of 1998, by Donald E. Pollock. c Notary Public of Oregon y- 9 aG 0 OFFICIAL SEAL ANNE P.SAVARIA *my NOTARY PUBLIC-OREGON COMMISSION NO.052706 COMMISSION FIRES APRIL 9,2000 Cba o ^ p ^ o CO r r 3nN3Ar H189 M* p O cc c O O C7 C $ tocsLn g$ p O p c c O CP m c \ 3nN3AV PHOS AIS \ ,00'OOZ � a � p O IL � p C] A CD 0 r'7 N] 3nN3&V tLLo[ 'M'S n o O O N Cl \ 0 N N EXHIBIT "A" N 1 9TS 'ON OBbZBzc I 8 9 OT :9T 86/2.7-/SO an9 • zolDHS- PaPBTs 90 AgTD ,1 + + + — +��-NI[N1xA7+C[M7ERLIN[—�— INTERSTATE I- 5 ) r N 4199 g Qon, m a yz a is Fa ,a as o[ a ,a ,az sa ,sa .-S-27,a a ,a 3 i �p _ F In ~ ► r 1�3 rt)M M M N N NF Q W _�M M M M M M M NF U t ID N o F F ,h cr- � yi �+Fv + F,+ + N1. + + + + + v R+ + + + + N + + + J- J N M _ P mF NQM C) O I- J OIon OOQm O pm N �M v O:R CJ 2 'tN F'1 1 1 1 1 N1 1 1 1 —�% - - 1 1 1 1 1 1 1 09 • 9 031vDrA 031WOVA co —OD T T T T T T T T T N r ki OO4 M M M IM In N N NF d �Qu� O� M M M M Ito N N N OOH_ F in F N 1 8CD � 3 �„� . , n OD N C I M -O 4b -N M O T t m i {0 h m OAON n IBX -ra 1N3113SV3 Z 4199 J Y o m � a � 1 J � � I LU u r i Q M N O 01 1 m f� O N N p I` i _oI O Ofl." NOm M M M M M N N N a`N LL N NNm 1 'fit Oh07r N + + N 104 in �°-fn Um of o" rn a r m `v _ gI = oOq 04 oa - - p eN O• m2 I ab 84N ro� � ma mi , F-- N 4469 Ir D m V �p r r "1M in 'It M M M 0%OZ MIN N NF N '� M M IM M M M .9 O o4 F La m i 0 . I F � I mp F J In N t/7Ki F J M M 7 pN 3 LL� QuN ti _ N M N t0 P m_ OiN OOQN i01 01= N M In - v F C-i 01�- I ot, F M to - "' v - - - -4 °' F U1 V1 w e Q a a ss a s sz a a a a ti ,a a a0,a a sx sa sz ca a 11 1000 $ 03, 0 zr- 3JCL m NW W aQ > ID W W V1 N N .'JL-28-98 10:09AM FROM-STOEL RIVF 503-220-2480 T-952 P.01/03 F-523 STOEL RIVES LLP ATTORK1215 sTANDAR131NSURANCE CFNTER 900 SW FIFTH AVENUE.SUITE 2300 PO.Tj AND.OREGON 97''04-1268 Tekpnvnr (503)224-3380 Far(503)220.2480 Company 0Mce No. -- Name: - Fax No. -- — duk 684-7297 City of Tigard 639-4171 TO: Ms_ Julia Haj —. _— .-- — FRAM: Michael C. Robinson (5p3) 291-9194 23246 —�Matcer: 0008 Client: 23246 _l - ----- - -- DATE: July 21t 1998 No. Of Pages (including This cover); ' First Class Mail i l Qvesnight Delivery —� Hated Delivery Originals Not Forwarded Unitss Chetkcd: I J __ -- In case of error call the fax operator at (503) 294-9508. e. tf the This facsimile muy contain confidauial infor"TUon that is prorecred by the arrornry-clienr or work product rPleease do nor reader of this message is nor rhe intended recipient or an employee responsible for delivering he facsimile, distribute rhes facsimile. nortjy us immediately by telephone, and return this facsimile by mail. Thank you. -- COMMENTS: See attached. 1UL-28-98 10:1 DAM FROM-STOEL RIVE'' 503-220-2480 T-952 P.02/03 F-523 STOEL RIVES LAY A T C O R N t Y S ITANDwRD tN5U&-.NCE LENTER goo SW FIFTH nvFNUE.SULrE 2300 POKTL.aND.OREGON 973-04-12W Yiarne(5o3)324-3U() Fa..150122U-244U ?DD(503)221-1045 Intarr r www.,toelewm July 27, 1998 M1cHAFL C.RosiNSON Dtrecr Dw! (503)294-9194 CWAIJ racrobinsQU@510cl.coin VIA FACSAV= Ms. Julia Hajduk Associate Planner City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, Oregon 97223 Re: Initiation of Vacation of a Portion of SW Franklin Street Dear Julia: I am writing to confirm that my client, Specht Development Company, supports initiation of the street vacation by The City Council rather than proceeding under a property- owner initiated street vacation. I have reviewed the City Council agenda packet for the street vacation and agree with its conclusions. I understand that your department supports the initiation of the street vacation. An additional piece of information that you may want to provide to rite City Council concerns the criteria for approval of the City Council-initiated street vacation. ORS 271.130 requires that all abutting property owners must consent to the street vacation and that 50% of The affected area property owners must not object in writing to the vacation. The only abutting property owners to the street vacation are my client's sellers, and they have given their consent in writing to the vacation. Further, my client's sellers control 50% of the affected area of the street vacation. Therefore, the City Council will be able to approve the vacation under ORS 271.130. PDX 1 A-136325.1 2 n4&WW StKITlb YolalwND VA14COUV91.WA 50bE 5-aLX&GR W-Sn;wCTOn,0C JUL-28-98 10:10AM FROM-STOEL RIVF' 503-220-2480 T-952 P.03/03 F-523 STOEL RIVES yLP Ms. Julia Hajduk July 27, 1998 Page 2 Please call me if you have any questions. Very truly yours, �Wi,ad e- "A Michael C. Robinson MCR:ipc cc(w/encl.): Mr- Greg Specht (via facsimile) (w/encl_) Mr. Todd Sheaffer (via facsimile) FAX l w-136325.1 23246 4AAA STOEL RIVES LLP A T T O R N E Y S STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2300 PORTLAND,OREGON 97204-1268 Pilone(503)224-3380 Fax(503)220-2480 TDD(503)221-1045 Internet:www.stoel.com June 9, 1998 NANCY R.D'URSO Direct Dial (503) 294-9366 email nrdurso@stoel.com VIA TELECOPY Ms. Julia Hajduk City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard, OR 97223 Re: Vacation of a portion of SW Franklin Street Dear Ms. Hajduk: Per our recent conversation, attached to this letter please find a copy of a letter to Mr. Jim Hendryx requesting the initial hearing date of July 14, 1998 and the justification for the same. Please let me know if you would like further rationale or justification to support the requested street vacation in order to maintain the proposed July 14, 1998 hearing date. By this letter, I am also confirming with you that we have agreed to provide you with the affidavits of consents for abutting and affected property owners by June 30th along with the petition to vacate a portion of SW Franklin Street and associated exhibits prepared by this office for inclusion in the Council member packets. Please call me at 294-9366 if there is anything in addition to the above-referenced documents you will require for consideration of this request within the time frames stated above. Very truly yours, Nancy R. D'Urso Project Analyst NRD:dld Enclosure cc: Mr. Greg Specht Mr. Todd Sheaffer Mr. Michael C. Robinson PDX1A-129767.1 23246-0008 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C. JUN-23-98 04:31 PM FROM-STOEL RIVE" 503-220-2480 T-876 P-01/03 F-926 STOEL, RIVES LLP ATTORi4SYS STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2300 PORTLAND,OREGON 97204-12b8 Teicpiume (5(j3)2243380 Fax (503)220-2480 Name: _ - Fax No. CumpanyiFirm: _--OMce No. —TO: Ms. Julia Hajduk 684-7297 City of Tigard 639-4171 Mr. Gregory Specht 626-8903 Specht Development Mr. Todd Sheaffer 626-8903 Specht Development - Name; Sender's Direct Dial: -- -�--- FROM: Michael C. Robinson (503) 294-9194 Client: 23246 - Matter: 0008 DATE: June 23, 1998 No. Of Pages (including this cover): 3 Originals Not Forwarded Unless Checked: F^ First Class Mail Overnight Delivery --' H3tid Delivery In case of error call the fax operator at (503) 294-9508. This facsirmle nary contain confidential infor►nanon that is protected by the attorney-client or work product privilege. if rhe reader of thus message is not the intended recipient or an employer responsible for delivering the facsimile. please do nor distribute thus facsimile. notify us immediately by telephone, and return this facsimile by mail. Thank you. COMMENTS: See attached. J1.19-23-98 04:31 PM FROM-STOEL RIVE" 503-220-2480 T-876 P.02/03 F-926 STOEL RIVES LLP A T T O R N E Y i yfNKP-RP GNSUR-,%r-E CEN FEk 900�w FIFTrf AvENUE,SUITE 2300 PORTLAND.ORECON 97204-12eb Phone(503j224-33&I F,-(3U3)33U-Z-j6V "'UA 75Uj1121- 045 himmet:WV*W.STod Goin June 23, 1998 M3cHAB3.C.ROBINSON Dirccr Dial (503)294-9194 email mcr0bin5onI@»u;:3.cum VIA FACSIMILE Ms. Julia Hajduk Associate Planner City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Street Vacation Petition by Specht Development Company for a Part of Franklin Street Dear Julia: 1 am writing to confirm the status of the street vacation petition that Specht expects to submit shortly- I have spoken with both you and Jim Hendryx about the City Council hearing for this matter. It appears that the City Council July 28, 1998 agenda will consider setting a public hearing for the street vacation. You have tentatively scheduled the public hearing for September 8, 1998. I agreed to provide all of the materials that you will need to review the street vacation to you no later than July 1, 1998. Please call me if you have any questions regarding the status of this matter. Very truly yours, Michael C. Robinson PDX1A-131406.3 99999-0006 $FHTTLE PvRTuinU WnNCQ�Vax'WA 801st 3'o L.-FCTL WMSMINC fn-4.DC JUN-23-98 04:32PM FROM-STOEL RIUF" 503-220-2480 T-876 P.03/03 F-926 STOEL RIVES ILP Ms. Julia Hajduk June 23, 1998 Page 2 MCR:ipc cc: Mr. Todd Sheaffer (via facsimile) Mr. Greg Specht (via facsimile) Ms. Nancy D'Urso PQX l A-131606.1 999994)000 JUN 11 '98 16:36 FROM:STOEL RIVE' 5032202480 T-875 P-01/02 F-012 STOEL RIVES LLP ATTORNEYS STANDARD INSURANCE CB14TSR 900 SW FIFTH AVENUE,SUM 23W PORTLAND,OREGON 97204-1268 Telephone(503)224-3380 Fir(503)2202480 Narne: Fax No. Company/Flrm: Office No. TO: Ms. Julia Hajduk 684-7297 City of Tigard 639-4171 Mr. Gregory Specht 626-8903 Specht Development Mr. Todd Sheaffer 626-8903 Specht Development Name: Sender's Direct Dial: — FROM: Michael C. Robinson (503) 294-9194 Client: 23246 l Matter: 0008 -� DATE: June 11, 1998 No. Of Pages (including this cover): Originals Not Forwarded Unless Checked: I� First Class Mail l Overnight Delivery _ Hand Delivery In case of error call the fax operator at (503) 294-9508. This facsimile may contain confidential information that is protected by the artorney-client or work product privilege. If the reader of this message is not the intended recipient or an employee responsible for delivering the facsimile, please do not distribute this facsimile, notify us immediately by telephone, and return this facsimile by mail. Thank you. COMMENTS: See attached. JUN 11 '98 16:37 FROM:STOEL RIVE" 5032202480 T-875 P.02/02 F-012 STOEL RIVES UP A T T 0 R N E Y 5 STANPARP INSUitANCE CENTER Sao Sw FIFTH AVENUE.SUITS 2300 PORTLAND.OREGON 92204-1268 Phone(503)224.338n AY(503)220.2480 TAD(503)222-1045 Intemot:www.atoel-cam June 10, 1998 MICHAEL C.ROBINSON Direct Dial _ (503) 294-9194 email mcrohinsonasloel.com 'VIA FACSIMILE Ms. Julia Hajduk Associate Planner City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Specht Development Street 'Vacation Petition Dear Julia: I am writing to request that we meet the last week of June to review the petition by Matrix to vacate a portion of SW Franklin Street. I would like to have the meeting at that point because you should have a fairly complete petition application. I would also like to discuss the street vacation petition before the City Council hearing on July 14 to set the public hearing date. Would you please call me at 294-9194 so that we can schedule a meeting at your office? Very truly yours, pt'-w e Michael C. Robinson MCR:Ixh cc: Mr. Greg Specht (via facsimile) Mr. Todd Sheaffer (via facsimile) Ms. Nancy D'Urso PDX IA-129971.1 23246-0008 gf—TTLL PUYTLA NP VLNCCaV¢K,WA BOISE SALT LAKE CITY WASHINGTON,VC. STOEL RIVES LLP A T T O R N E Y S STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2300 PORTLAND,OREGON 97204-1268 Phone(503)224-3380 Fax(503)220-2480 TDD(503)221-1045 Internet:w-ww.stoelxom June 3, 1998 MICHAEL C. ROBINSON Direct Dial (503)294-9194 email mcrobinson@stoel.com VIA FACSIMILE Mr. James N.P. Hendryx City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Request to Set Hearing for Proposed Street Vacation Dear Jim: This law firm represents Specht Development Company. As you know, Specht is in the process of submitting an application for a Site Development Review application for its property south of Dartmouth Street between SW 69th Avenue and SW 70th Avenue. As part of this development, Specht would like to vacate a portion of SW Franklin Street, an unimproved public right-of-way. I have enclosed a map showing the proposed part of SW Franklin Street to be vacated between SW 69th Avenue and SW 70th Avenue. The proposed portion of SW Franklin_ Street to be vacated is unimproved and, to the best of my knowledge, neither contains nor is required to contain any easements for public utilities. Further, we have determined in our various meetings that it is impossible to extend SW Franklin Street west of SW 70th Avenue due to the recent construction of an apartment complex. Therefore, there is no apparent reason that this portion of SW Franklin Street cannot be vacated. ORS 271.100 requires that the City Council consider a petition for vacation and, if there appears to be no reason why the petition should not be allowed in whole or in part, the City Council shall fix a time for a formal public hearing upon the petition. I request that the City Council place this matter on its July 14, 1998 meeting agenda. I understand that if the City Council decides to hold a public hearing, the likely hearing date PD X 1 A-128605.1 232460008 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C. STOEL RIVES LLP Mr. James N.P. Hendryx June 3, 1998 Page 2 will be in early August. This will give the City enough time to prepare the notices of public hearing as required by ORS 271.110(1) and (2). Please call me if you have any questions. Please confirm in writing that the City Council will consider the public hearing request at its July 14, 1998 meeting. Very truly yours, Michael C. Robinson MCR:Ixh enclosure cc(w/encl.): Mr. Greg Specht (via facsimile) (w/encl.) Mr. Todd Sheaffer (via facsimile) PDX 1 A-128605.1 23246-0008 S \ MAW HL" As o 3fMV mu WS • � Q QN Q o � MEMORANDUM City of Tigard Community Development Shaping A Better Community CITY OF TIGARD,OREGON TO: Paul Hunt FROM: Will D'Andrea, Associate Planner DATE: January 17, 1997 SUBJECT: Street Vacation Process The following is a summary of the Vacation Process that applies to both street and public easements: 1.) Process: The Tigard Municipal Code Section 15.08 (Street Vacations) specifies the procedure and standards for the vacation of public streets or other public places. There are two ways in which a vacation may be initiated. The way the City has historically initiated vacations is for the applicant to formally reqcess. The applicant provides the necessary site plans and legal descriptions along with a letter of request. The City Council then adopts a resolution which formally begins the vacation process and establishes a City Council Hearing date at which public testimony may be taken. Staff reviews the request for comments received from affected service and utility providers and prepares a recommendation to the City Council. Staff also prepares an ordinance for the Council to adopt that vacates the street or easement. 2.) Time: The vacation process can be expected to take up to 3 months. Staff receives the letter of request and prepares a resolution for Council to adopt. This resolution establishes a time certain for a future hearing date. Staff must contact affected service and utility providers to solicit comments regarding the proposed vacation. Staff must analyze the request to prepare a recommendation and ordinance adopting the vacation. Notification to affected property owners, posting of the property, and publication of the hearing in a newspaper of general circulation all have specified requirements and timelines. These timelines must be incorporated into the initial resolution establishing a time certain Council hearing date. 3.) Distribution of Property: Title to the street or other public area shall attach to the lands bordering on such area in equal portions. Each property receives title from the centerline of the street. 4.) Fees: The petitioner is responsible for all costs associated with the vacation. The current fee (effective 7/1/96) is $1,530.00. Purchase of the property to be vacated is not required. c: Jim Hendryx Bill Monahan catnoi I STREET AND EASEMENT VACATION SCHEDULE PROJECT: SCHEDULE OF ACTIVITIES r T '. ! Council packet due to Dick Council packet due to Ed -F ` Initiation - Council consent agenda (Res ) Request for comments (Staff & Utilities) Notification to affected property owners Ad to newspaper -7 1st publication Post notice on site (5 days after 1st publication) 2nd publication Request for comments due _ Packet report due to Dick Packet due to Ed / Pat Public Hearing - City Council Post Ordinance (Kathy) Send Ordinance for recording Jim, The vacation initiation is a consent item so there will beRpresentation" unless it is taken off of the consent agenda. The City Council packet has information needed in case questions are raised regarding the initiation of vacation proceedings, but here is a brief overview: • Requested by Specht Development to facilitate their proposed development • As part of the vacation of Franklin and the development of the property, Specht will be dedicating and improving Beveland. Beveland is shown to go through on the Tigard Triangle Design Standards plan • Public Hearing will be September 8th if the vacation is initiated by City Council • Map is provided as Exhibit B and D in the council packet and flagged for your convenience. • fid/so" JDreaSc t� 4 ^� of rgxeal��r--.�i0"4 4.1-�Cc 1Q ,� / /�i►aw� `ir'c5 4&CW 4 LC nf4c�c 9��lIK✓1'7� Ce,,20,1 ??