92-002769 ~ Garden Park Place ~ 110th Avenue 92002799
Washington County
CITY OF TIGARD, OREGON
a. ORDINANCE NO. 91-
AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WAY LOCATED ON A
PORTION OF SW GARDEN PARR PLACE, 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
October 28, 1991; and
WHEREAS, This portion of S.W. Garden Park Place is a dedicated
public right-of-way, giving the public rights over the land for
street and utility improvements; and
WHEREAS, the purpose for this vacation is to vacate an unimproved
portion of SW Garden Park Place that is no longer needed because
access is available to all abutting properties; and
WHEREAS, the vestee of this property, Mr. Dean Schumacher, supports
this vacation; and
WHEREAS, the vacation is recommended by the Planning Commission and
the Community Development Department; and
WHEREAS, Northwest Natural Gas Company -has reviewed the vacation
proposal and has requested a utility easement for the maintenance
of a natural gas line which crosses the area to be vacated; and
WHEREAS, all other affected service providers including utility
companies and emergency services have reviewed the vacation
proposal and have no objections or concerns; and
WHEREAS, in accordance with ORS 271. 100, the TMC 15.08. 110, the
Council fixed a time and place for the public hearing and the
Recorder published notice and posted notice in the area to be
vacated; and
WHEREAS, notice has been mailed to all property owners abutting
said vacation area and all owners in the affected area, as
described by ORS 271.080; and
WHEREAS, the Council having considered the request on December 10,
1991, finds the public interest will not be prejudiced by the
vacation as provided by ORS 271. 120 and TMC Section 15.08. 130; and
WHEREAS, . the Council finds that it is in the public interest to
eappF,gve •the request to vacate that certain portion of public street
ight'-iA,-way for SW Garden Park Place because the public interest
t
1rl' pa `be prejudiced.
Certified to be a True Copy of
ORDINANCE .NO. 91- Original on file
Page . l .��._...
, 9y' CCtye
i = city R der•city of Tigard
Date:— 10M4
NOW THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby orders the vacation
of that certain portion of public street right-of-
way, as described on the attached Exhibit "A" and
Exhibit "B" (map) , and by this reference made part
hereof.
SECTION 2: The Tigard City Council further orders that the
vacation be subject to the following condition:
1. The City shall retain a Public Utility
easement as requested by Northwest Natural Gas
for the access, repair and/or placement of the
existing utility. This easement shall be a
distance of 10 feet from both sides of the
centerline of said facility.
SECTION 3: In no situation shall this ordinance be effective
until the 31st day after its enactment by the City
Council, approval by the Mayor, and after a
certified copy of this ordinance has been recorded
with the Washington County Clerk, Assessor, and
Surveyor.
PASSED: By Un Cti Q l m,, `Q vote of the Council members
present after being read by number and title only,
this )04' day of 1991.
Catheri Wheatly, City Reco d r
7-7
APPROVED: This l r��� day �f 1991.
f`
-ald Edwards, Mayor
A owed s �-
7
CPWAttorney
J61
Date
schu-cc2 .ord
ORDINANCE NO. 91-,�
Page 2
RETURN RECORDED DOCUMENT TO:
CITY RECORDER, TIGARD
PO BOX 23397
TIGARD OR 97223
i+
Exhibit A
A tract of land being that portion of S .W. Garden Park Place south
of a line 25 feet south and parallel to the centerline of said road
and 25 feet east and parallel to the centerline of S.W. 110th
Avenue as depicted on KAREN PARK, a subdivision recorded in Book
62, Page 3, located in the Southeast quarter of Section 3, Township
2 South, Range 1 West, Willamette Meridian, City of Tigard, County
of Washington, Oregon, and being more particularly described as
follows :
Beginning at the Northwest corner of Lot 5, KAREN PARK thence by
the westerly line of said lot South 00023138" West, 7 .5 feet to the
southeast corner of that tract dedicated to the City of Tigard in
document 79044168; thence West by the southerly line as described
in said document, 175 feet more or less to a point 25 feet east
when measured at right angles to the center line of S.W. 110th
Avenue; thence North by a line 25 feet east and parallel to said
center line 10 . 6 feet more or less to a point 25 feet south when
measured at right angles to the center line of S .W. Garden Park
Place; thence South 89°42100" East by a line 25 feet south and
parallel- to the center line of S .W. Garden Park Place, 152 feet
more or less to a point of curvature; thence continuing 25 feet
south and parallel to said center line by way of an arc 23 .23 feet
with radius of 125 feet through an included angle of 10038158",
(chord bearing and distance being South 84122131" East, 23.20 feet)
to the point of beginning. Said above described area being 1740
square feet more or less.
RETAINING FOR PUBLIC UTILITY EASEMENT PURPOSES, a 20 foot wide
strip being 10 feet from centerline of the existing Northwest
Natural Gas line.
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STATE OF OREGON
County of Washington SS
I,Jerry R.Han Ur for of Assessment
and Taxation andx-Officio,'tQrder of Con-
veyances fpr $aid county, eby certify
that the Within instruplbintI dating was
received h&recorded,in,book of.records of
said couy:
Je xy : ,.,Mari n �ir�ctor of
�/ p A s;ii nent ehd YLaf on, Ex-
11
l 461 Officio.Cruxxfy.filerk
S 'rAdcor AROPOSAL
Doc 92002769
Rect: 69152 53. 00
01/1.5/1992 01 : 23 : 31PM
CITY OF TIGARD, OREGON
ORDINANCE NO.
AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WAY LOCATED ON A
PORTION OF SW GARDEN PARK PLACE, 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
October 28, 1991; and
WHEREAS, This portion of S.W. Garden Park Place is a dedicated
public right-of-way, giving the public rights over the land for
street and utility improvements; and
WHEREAS, the purpose for this vacation is to vacate an unimproved
portion of SW Garden Park Place that is no longer needed; because
access is available to all abutting properties; and
WHEREAS, the vestee of this property, Mr. Dean Schumacher, supports
this vacation; and
WHEREAS, the vacation is recommended by the Planning Commission and
the Community Development Department; and
WHEREAS, Northwest Natural Gas Company has reviewed the vacation
proposal and has requested a utility easement for the maintenance
of a natural gas line which crosses the area to be vacated; and
WHEREAS, all other affected service providers including utility
companies and emergency services have reviewed the vacation
proposal and have no objections or concerns; and
WHEREAS, in accordance with ORS 271. 100, the TMC 15.08.110, the
Council fixed a time and place for the public hearing and the
Recorder published notice and posted notice in the area to be
vacated; and
WHEREAS, notice has been mailed to all property owners abutting
said vacation area and all owners in the affected area, as
described by ORS 271.080; and
WHEREAS, the Council having considered the request on December 10,
1991, finds the public interest will not be prejudiced by the
vacation as provided by ORS 271. 120 and TMC Section 15.08.130; and
WHEREAS, the Council finds that it is in the public interest to
approve the request to vacate that certain portion of public street
right-of-way for SW Garden Park Place because the public interest
will not be prejudiced. Certified to be a True Copy of
ORDINANCE NO. 91- r Original on file
Page 1
Bin
City Recorder-City of Tigard
Date: ) -)1131f[
NOW THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby orders the vacation
of that certain portion of public street right-of-
way, as described on the attached Exhibit "A" and
Exhibit "B" (map) , and by this reference made part
hereof.
SECTION 2: The Tigard City Council further orders that the
vacation be subject to the following condition:
1. The City shall retain a Public Utility
easement as requested by Northwest Natural Gas
for the access, repair and/or placement of the
existing utility. This easement shall be a
distance of 10 feet from both sides of the
centerline of said facility.
SECTION 3: In no situation shall this ordinance be effective
until the 31st day after its enactment by the City
Council, approval by the Mayor, and after a
certified copy of this ordinance has been recorded
with the Washington County Clerk, Assessor, and
Surveyor.
PASSED: By Un Ca n i m L)LQ; vote of the Council members
present after being read by number and title only,
this j Uu' day of 1991.
Cathe:-
3'
Wheatly, City Reco d r
APPROVED: 7-7
This �l y r�.�_Q ,
da f 1991.
d Edwards, Mayor
A �roved s
CfE4 ttorney
M1) l
�-
Date
V
schu-cc2 .ord
ORDINANCE NO. 91-.��
Page 2
Exhibit A
A tract of land being that portion of S.W. Garden Park Place south
of a line 25 feet south and parallel to the centerline of said road
and 25 feet east and parallel to the centerline of S.W. 110th
Avenue as depicted on KAREN PARK, a subdivision recorded in Book
62, Page 3, located in the Southeast quarter of Section 3, Township
2 South, Range 1 West, Willamette Meridian, City of Tigard, County
of Washington, Oregon, and being more particularly described as
follows:
Beginning at the Northwest corner of Lot 5, KAREN PARK thence by
the westerly line of said lot South 00123138" West, 7 .5 feet to the
southeast corner of that tract dedicated to the City of Tigard in
document 79044168; thence West by the southerly line as described
in said document, 175 feet more or less to a point 25 feet east
when measured at right angles to the center line of S.W. 110th
Avenue; thence North by a line 25 feet east and parallel to said
center line 10 . 6 feet more or less to a point 25 feet south when
measured at right angles to the center line of S.W. Garden Park
Place; thence South 89042100" East by a line 25 feet south and
parallel to the center line- of S .W. Garden Park Place, 152 feet
more or less to a point of curvature; thence continuing 25 feet
south and parallel to said center line by way of an arc 23 .23 feet
with radius of 125 feet through an included angle of 1003815811,
(chord bearing and distance being South 84022131" East, 23.20 feet)
to the point of beginning. Said above described area being 1740
square feet more or less .
RETAINING FOR PUBLIC UTILITY EASEMENT PURPOSES, a 20 foot wide
strip being 10 feet from centerline of the existing Northwest
Natural Gas line.
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MEMORANDUM r./
CITY OF TIGARD, OREGON
TO: Dick Bewersdorff
FROM: Cathy Wheatley
DATE: December 13 , 1991
SUBJECT: Street Vacation - S.W. Garden Park Place
Dick, the Council approved the street vacation referenced above.
Are the Schumacher's going to secure the required easement or are
we going to do this?
I can record the vacation January 13 if the easement has been
recorded or is ready to record.
Thanks.
cwc1213 .91
f ,
CITY OF TIGARD, OREGON
RESOLUTION NO. 91- t0-7
A RESOLUTION CONCERNING THE VACATION OF A PORTION OF THE SW GARDEN
PARK PLACE RIGHT-OF-WAY ADJACENT TO THE SOUTHEAST CORNER OF SW
110TH AVENUE AND SW GARDEN PARK PLACE, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
WHEREAS, A vacation request has been received and filed with the
City Recorder for vacation of a portion of the SW Garden Park Place
public street right-of-way; and
WHEREAS, this portion of SW Garden Park Place is dedicated public
right-of-way, giving the public rights over the land for street and
utility purposes; and
WHEREAS, the vestee of this property, Dean Schumacher, supports
this vacation; and
WHEREAS, the Tigard City Council finds it necessary and desirable
to initiate vacation proceedings for said right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that :
(1) That the Tigard City Council initiates the vacation request
with the understanding that those property owners who would
normally sign a petition shall be notified by mail of the
proceedings and that the benefiting property owner, Dean
Schumacher, pay all fees and charges as set forth in TMC
Chapter 15 . 08 .
(2) That a public hearing is hereby called to be held by the City
Council on Tuesday, December 10, 1991 at 7 : 30 PM at the Tigard
Civic Center Town Hall Room, 13125 SW Hall Boulevard, within
the City of Tigard, at which time and place the Council shall
hear any objections, and any interested person may appear and
be heard for or against the proposed vacating of said right-
of-way.
(3) That the City Recorder be, and she is hereby, authorized and
directed to cause to have published in the Tigard Times, a
newspaper of general circulation in the City of Tigard hereby
designated for such purpose, a notice of said hearing in the
form hereto attached and by the reference made a part hereof,
the first publication to be 1991 and once each
week thereafter for five publishings in all .
The Recorder be, and she is hereby, further directed to
cause to have posted within five (5) days after the date
RESOLUTION NO. 91- C/I 7
Page 1
. �' `err►¢
of first publication, a copy of said notice in the form
attached, at or near each end of the area proposed to be
vacated.
(4) That the particular portion of granted public right-of-way
proposed to be vacated is described on the attached sheets
headed Exhibit "A" (legal description) , Exhibit "B" (vicinity
map) and Exhibits "C" and "D" (vacation maps) and by reference
made a part thereof .
PASSED: This � o day of O Z 1991 .
ATTEST:
Mayor
City Recorder - City of Tig d
SCHU-VAC.RES/rp
RESOLUTION NO. 91 (07
-
Page 2
Street Vacation
A tract of land being that portion of S.W. Garden Park Place south
of a line 25 feet south and parallel to the centerline of said road
and 25 feet east and parallel to the centerline of S.W. 110th
Avenue as depicted on KAREN PARR, a subdivision recorded in Book
62, Page 3, located in the Southeast quarter of Section 3, Township
2 South, Range 1 West, Willamette Meridian, City of Tigard, County
of Washington, Oregon, and being more particularly described as
follows:
Beginning at the Northwest corner of Lot 5, KAREN PARR thence by
the westerly line of said lot South 00° 23'38" West, 7 .5 feet to the
southeast corner of that tract dedicated to the City of Tigard in
document 79044168; thence West by the southerly line as described
in said document, 175 feet more or less to a point 25 feet east
when measured at right angles to the center line of S.W. 110th
Avenue; thence North by a line 25 feet east and parallel to said
center line 10.6 feet more or less to a point 25 feet south when
measured at right angles to the center line of S.W. Garden Park
Place; thence South 89° 42 '00" East by a line 25 feet south and
parallel to the center line of S.W. Garden Park Place, 152 feet
more or less to a point of curvature; thence continuing 25 feet
south and parallel to said center line by way of an arc 23.23 feet
with radius of 125 feet through an included angle of 10° 38,58" ,
(chord bearing and distance being South 84° 22'31" East, 23.20 feet)
to the point of beginning. Said above described area being 1740
square feet more or less.
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NOTICE OF PUBLIC RIGHT-OF-WAY VACATION HEARING
A PORTION OF SW GARDEN PARK PLACE
The Tigard City Council will hold a public hearing on Tuesday,
December 10 , 1991, at 7:30 p.m. at the Tigard City Hall Town Hall
Room, 13125 S.W. Hall Boulevard, Tigard, Oregon, to consider the
proposed vacation of a portion of S.W. Garden Park Place at the
southeast corner of S.W. 110th Avenue and S.W. Garden Park Place.
The request was initiated by the City Council on October 28, 1991,
at the request of Dean Schumacher. Any interested person may
appear and be heard for or against the proposed vacation of said
public right-of-way. Any written objections or remonstrances shall
be filed with the City Recorder by December 10 , 1991, by 7:30 p.m.
TT Publish: November 7, 14, 21, 28, and December 5, 1991
COUNCIL AGENDA ITEM ✓
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: _December 10, 1991 DATE SUBMITTED: 11/27/91
ISSUE/AGENDA TITLE: Vacation of a portion PREVIOUS ACTION: None
of SW Garden Park Place right-of-way
' PREPARED BY: Planning Staff
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Applicant
ISSUE BEFORE T E COUNCIL
Should the City Council vacate a portion bf SW Garden Park Place located east
of the intersection of SW Garden Park Place and SW 110th Avenue?
STAFF RECOMMENDATION
It is recommended that Council approve the vacation with conditions by
adopting the attached ordinance.
INFORMATION SUMMARY
Council initiated this vacation at a meeting held on October 28, 1991.
The Planning Commission recommended approval of this vacation at a meeting
held on November 18, 1991.
Dean Schumacher, petitioner, requests City Council approval to vacate a
portion of the SW Garden Park Place right-of-way adjacent to property to
which he is the vestee at the southeast corner of SW 110th Avenue and SW
Garden Park Place. The applicant initially requested the vacation of an area
of approximately 685 square feet in size (see Exhibit C) . Upon initial staff
review of this request, it was determined that the applicant's request did
not accurately reflect that portion of the right-of-way which the City could
vacate. Therefore, the City staff suggests vacating an altered and larger
portion of the public right-of-way (approximately 1,878 .92 square feet, (see
Exhibit B) . The applicant agrees with the altered vacation description.
Northwest Natural Gas Company has requested that an easement be provided for
the existing utility line which crosses the area to be vacated. Staff
therefore recommends the retention of a 20 foot wide utility easement. All
other appropriate agencies have been contacted for review of this vacation
request and have offered no objections.
PROPOSED ALTERNATIVES
1. Adopt the attached ordinance approving the vacation proposal.
2 . Amend and approve the attached ordinance approving the vacation proposal.
3. Deny the attached ordinance and vacation proposal.
4 . Take no action at this time.
FISCAL NOTES
All fees and costs have been or will be paid by the applicant.
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