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87-015236 ~ Inez Street ' ^ , ^ ~ 87015238 0001, CITY OF TIQARD^ OREGON go C.001 ORDINANCE NO. 87-2 19 AN ORDINANCE VACATING A PORTION OF SW I0EZ STREET (NEAR SW 97TH AVENUE) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return a portion of SW Inez Street to private ownership facilitating the develupmeht of Butler Terrace Subdivision; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with QRS 271 .100' and TMC Section 15.08. 110^ the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271 .080; and WHEREAS' the Council, having held a hearing on February 23, 1987, finds the public interest will not be prejudiced by the vacation as provided by ORS 271 . 120 and TMC Section 15.88. 130; and WHEREAS' the Council finds that it is in the public interest to approve the request to vacate a portion of SW Inez Street right—of—way because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1 . That a permanent pedestrian/bikeway easement be retained over a portion of the vacated area, said portion being described in the attached Exhibit B. The terms and conditions of said easement being those standard terms and conditions adopted by the City for use with pedestrian/bikeway easements and reeding as follows: A bicycle way and pedestrian way, which may be used by pedestrians and non—motorized mechanical means of transportation, such an bicycles and for no other purposes, and for said purposes to place, construct, operate, replace, maintain, inspect, reconstruct and install necessary improvements, and the right to enter upon such premises for said purposes. ORDINANCE NO. 87 Page 1 . . . .` The City shall have the right at any time to enter upon the above described real property for the purposes hereinabove mentioned, and in connection therewith may remove any trees, shrubs or brush necessary or convenient to accomplish said purposes. The underlying title owners, their heirs, successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real property . The underlying title owners will reserve the right to utilize the said area for all private lawful purposes which do not unreasonably interfere with or are not inconsistent with the uses thereof by the grantee and the public for the purposes herein stated. It is expressly understood that this easement does not convey any right' title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion hereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. In consideration of the premises, the City agrees that if said City' its successors or assigns should cause said easement to be vacated, the right of the City in the above—described easement will be forfeited and shall immediately revert to the underlying title owners, their successors and assigns in the case of such event. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. ^ THE CITY OF TIQARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of SW Inez Street (neer 97th Avenue) as described on the attached Exhibit '`A," and by this reference made parts hereof. Section 2: The Tigard City Council further orders that the vacation he subject to the following conditions: 1. That a permanent pedestrian/bikeway easement be retained over a portion of the vacated area, said portion being described in the attached Exhibit B. The terms and conditions of said easement being those standard terms and conditions adopted by the City for use with pedestrian/bikeway easements and reading as follows: ORDINANCE NO. 87- 09' Page 2 . . A bicycle way and pedestrian way, which may be used by pedestrians and non—motorized mechanical means of transportation, such as bicycles and for no other purposes, � and for said purposes to place, construct, operate, replace, ' maintain, inspect, reconstruct and install necessary improvements, and the right to enter upon such premises for said purposes. The City shall have the right at any time to enter upon the above described real property for the purposes hereinabove mentioned, and in connection therewith may remove any trees, shrubs or brush necessary or convenient to accomplish said purposes. The underlying title owners, their heirs, successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real property. The underlying title owners will reserve the right to utilize the said area for all private lawful purposes which do not unreasonably interfere with or are not inconsistent with the uses thereof by the grantee and the public for the purposes herein stated. It is expressly understood that this easement does not convey any right' title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion hereover; provided' however, that such use shall not interfere with the uses and purposes of the intent of the easement. In consideration of the premises, the City agrees that if said City, its successors or assigns should cause said easement to be vacated, the right of the City in the ' above—described easement will be forfeited and shall immediately revert to the underlying title owners, their successors and assigns in the rase of such event. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. ORDINANCE NO. 87-06 Page 3 Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By unanimous vote of all Council members present after being read by number and title only, this 23rd day of February 1987, +-,",e*"--R-.-W4-jim-r;-Q-jtry--R-e+-.&r4e4r u Catherine Wheatley, Deputy Recorder APPROVED: This 23rd day of February 1987. :Fh-omas Brian, Mayor STATE OF OREGON County of Washington City of Tigard ti I, L6REEN R. WILSON, HEREBY CERTIFY THAT I am the duly appointed, qualified and acting Recorder of the City of Tigard, Oregon. I further certify that I have compared the herewith copy of ORDINANCE NO. 87-08 of the City of Tigard with the original in my possession as custodian of theofficialrecords of the City of Tigard, and that the herewith copy is a correct transcript of the whole of ORDINANCE NO. 87-08 IN WITH SS WHEREOF, I have hereunto set my hand and seal of the City of Tigard this, 2 th day of March 19 87 City Recorder ORDINANCE NO. 87-C Page 4 lw/4487A EXHIBIT "A" Description of Area to be Vacated A portion of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of Penrose Terrace Subdivision. Beginning at a point which is South 0043'30" West, 24.24 feet from the Southeast corner of Lot 33, TIGARDVILLE HEIGHTS, a plat of record in the Northwest quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon; thence from said beginning point continuing South 004330" West along the West line of PENROSE TERRACE, a plat of record, 15.76 feet; thence South 89052'02" West, 490.32 feet to the Easterly right-of-way of S.W. 97th Avenue; thence Northerly along said right-of-way 40.00 feet to the South line of said Lot 33, TIGARDVILLE HEIGHTS; thence North 89052'02" East, along said South line 225.21 feet; thence along the arc of a 45.00 foot radius, non-tangent curve to the left 86.78 feet to an Iron Rod (the radius point bears Northeasterly and the chord bears South 69012'40" East, 73.95 feet); thence along the arc of a 16.00 foot radius curve to the right 9.29 feet to an Iron Rod (the long chord bears North 72010'38" East, 9. 16 feet); thence North 88048'50" East, 66.39 feet to an Iron Rod; thence along the arc of a 1183.91 foot radius curve to the right 48.96 feet (the long chord bears North 89059'55" East, 48.96 feet); thence South 88049'00" East, 72.50 feet to the point of beginning. 4547A OJ b`O :r v c � v Cc l ~•0 w � �, ti r. N NO• ` w`N tit lC � te• b J .. O " O tb J voo .10 o; `o , •• ` n�•:t `►`� tri�� a G sp toco V �0 N• 1•• � 4 V 0 1 , 1w ,o•ss J�. 04 N O +p0.3• i 4A ,.CV 000 CJS. It Vi tow co r #` VVV'.�+�' Jas •� �" p 1s � °` Ny •o ~ 00 70 A \ " dD `*• ` •� `• Go .o•.ol } a ' o EXHIBIT "B" Description of Area to be Retained as a Pedestrian/Bikeway Easement Tht portion of land located in the Northwest quarter of Section 11, Township 1 South, Range 1 West, Willamette Meridian, and being more particularly described as follows: Beginning at the southwest corner of Lot 1, Butler Terrce, a recorded Plat, Washington County Plat Records; thence North 00046'52" East, on the west line of said Lot 1, 20.0 feet; thence South 89052'02" West approximately 125 feet to the east right-of-way line of S.W. 97th Avenue (County Road 1982); thence southerly on said east right-of--way line on a nontangent 477.46 foot radius curve concave to the west, 20 feet; thence North 89052'02" East 105 feet; thence South 00046'52" West, 20 feet; thence North 89052'02" East 140.41 feet; thence North 00007'58" West 12.97 feet to a 45-foot radius curve on the south right-of-way line of S.W. Inez Street; thence northeasterly on said 45 foot radius curve (the chord bears North 44030'57" West 19.84 feet), 20 feet to the point of beginning, containing approximately .12 acres. 4547A aIO i 1 f iI b, O I •. ii ' ] 00 O A • o t • s N � y s O o0 m;Mo -1 f /n1 _ o " W y f Iy/���J/j� N r 40 N tit to •--- IIT �i 1 , it ti w ,0 - { ^ n 0 .i I vI y 1: ! O r ' i 1�{ 72 i• O V♦ O 1 11 40 1 •�a+•t )7th. c R NO �JAVENUE ��._, ,����._' ' T L S.W. T LC R 1sa s 01.44• w to• ctrl tll.tl al S8'x ~ a +► w a o t as _ ' V N V A i 1N0.46'33 t 13=.IN 1 10 CL N O- (_ v }� I O N M J �r A ~ `\ O I N O N n`•i [i V 4 V � I � • Vy iy( � 1 N r —�# � N t to 4i' _ � f 4.09 C {+ ,t tN •"ti`33•t 1 1) 124 ! ♦ i00 109.91. so 1t 7 1rV `J y t` K+ i +V O lS Qi O M ej + w 0(r t,' w j r 003it x - d�t iii s + fi i � ♦ 1 941s Qi N S , � S.1 • ' th STATE OF OREGON ° t •4.'s �� Y SS County of Washington �, • I, Donald W.Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con_ ,00 veyances for said county, do hereby certify than l� •6 woo =� * •+o rj _ the within instrument of writingwas received ; '° ° C° and recorded in book of records f said county. ;z p -�^t r N Donald W. Mason, Director of : Z �8 ' Assessment and Taxation, Ex- ;• 111 Officio County Clerk '?i- ° --= rn ?X - �,� N '°0 a 1J..4 S x a tt W. w i . 1981 MAR 30 AM 8= 30itg""'1 7ee"T �.o � 1:/ �, MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Clarno January 20, 1987 FROM: Cathy Wheatley SUBJECT: Street Vacation - Portion of S.W. Inez Street Randy, attached are the responses which have been received from the various ut.'Llity and service providers concerning the above-referenced street vacation. The Public Hearing is scheduled for February 23, 1987; packets will be going out around the 13th. cw Attachments P.O.BOX 127•TUALATIN,OREGON 97062•PHONE 682-2601 December 19 , 1986 Ms . Loreen Wilson City Recorder City of Tigard P.O. Box 23397 Tigard , Oregon 97223 Dear Loreen: The Fire District has no problems with the vacation of the portion of S.W. Inez Street as shown on the attached plot plan to your December 3 , 1986 letter provided: 1 . Driving surface cul -de-sac turning radii is not less than 40-feet. 2. The street width is not less than 20-feet of clear width . If parking is permitted on the street, the additional width would be asked for to maintain the 20-feet of clear width If I can be of further assistance , please do not hesitate to con- tact me. Sincerely , Gene Birch ' ll Building Official GB : kw Attach : General Telephone Company of the Northwest, Inc. 12*60SVV Maio, p 0 Box 23416 n/d, Oregon g7223 December 5, I986 City of Tigard P.O. Box 23397 Tigard, Oregon 97223 RE: Street Vacation - A Portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Subdivision. ATTN: Lnreen Wilson General Telephone Company has no concerns in this proposed vacation as per the dbUV2 named street. Sincerely, =1;;��r�' ` Robert Olsen Service SUpvervis0r - Engineering NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209 (503)226-4211 December 4 , 1986 City of Tigard Attn: Loreen Wilson P.O. Box 23397 Tigard, Oregon 97223 Re: Proposed Vacation of a portion of SW Inez from SW 97th to the westerly line of Penrose Subdivision Dear Ms . Wilson: Please be advised that Northwest Natural Gas Company has no facilities within the proposed vacation area. We would, therefore , have no objection to the City vacating the area. Please notify us when the vacation is complete so that we can update our records accordingly. Sincerely, q 4c.--e— Diantha G. Beal Engineering Department 14 CC: R. Polvi Vacation File Plat : 45-19 45-20 Y Jim Ryan A AN AN SERVICE DESIGN CONSULTANT µ WESTERN DIVISION ENGINEERING-CONSTRUCTION DEPT. Portland General Electric 14655 SN Old Sdholls Ferry Rd Beaverton,Oregon 97007 5031643-5454 CITYOFTIFAPD r December 3, 1986 OREGON 25 Yeors of Service 1961-1986 C P.G.E. Company Attn: Jack Thompson 14655 SW Old Scholls Ferry Rd. Beaverton, OR 97005 Re: Street Vacation - A Portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Subdivision. Gentlemen: The City of Tigard is considering vacation of the area shown on the attached map. Please respond, in writing , with regard to any concerns you foresee should this proposed vacation be approved. Also, cite any conditions of approval you would recommend to protect your interest. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED '& 14�? o Portion of S.W. Inez St. Due to time constraints, please return this letter and any questions you have regarding this matter by January 5, 1987 to Ms. Loreen Wilson, City Recorder, City of Tigard, P. O. Box 23397, Tigard, OR 97223, 639-4171. Sincerely, 0�"' Lo Loreen Wilson City Recorder cw Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Clarno December 17, 1986 CAI-, FROM: Cathy Wheatley SUJBECT: Vacations to be Processed: 66th & Atlanta (Cath) ; 67th & Atlanta (Mercer); Inez Street (Gotten) Randy, we are going to try to schedule the above-referenced vacations for processing at the same time. Below is a timeline for getting these through the system: 1/12/87 Take to City Council to initiate vacation by resolution. Inez Street and 66th & Atlanta have had utility letters sent out; 67th & Atlanta's still needs to have this done (please indicate which utilities should be notified on the attached form) . 1/16/87 Ads to be taken to the newspaper. Dates of publishing are: 1/22, 1/29, 2/5, 2/12, 2/19 1/23/87 Posting of notice is to occur no later than five days after the appearance of the first publication; therefore posting should be done no later than 1/27/87. Letters to surrounding property owners must be sent during this time period also. 2/23/87 Public Hearing/City Council - Ordinance 3/26/87 31 days after adoption of ordinance, it should be forwarded to Washington County for recording. If you see any problems with this timeline, please let me know. **Note: Deposit and Intent to File Petition has not been received for 67th & Atlanta (Mercer) . Thanks cw Attachment � ' T / CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 23, 1987 DATE SUBMITTED: February 14, 1987 ISSUE/AGENDA PREVIOUS ACTION: Near 97th Avenue PREPARED BY: Randy Clarnoxyl�� DEPT HEAD OK CITY ADMIN 0KREQUESTED BY: ` POLICY ISSUE Council initiated Street Vacation request - consistent with Council policy as adopted by Resolution No. 85-30 INFORMATION SUMMARY On January 12, 1987, Council passed a resolution to call for a public hearing on a Council initiated vacation request to be held at 7:00 PM on February 23' 1987. Mr. Sem gntter III requested this hearing to vacate a portion of SW Inez Street (from the existing improved portion to 97th Avenue) to facilitate the development of the property to be known as Butler Terrace Subdivision. The objections filed by utility companies have been addressed in the conditions attached to the ordinance. Planning Commission and the Community Development Department have recommended approval. The hearing was published in the Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail. All vacation process fees are the responsibility of Mr. Sam Gotter. ALTERNATIVES CONSIDERED` '1. Approve vacation request as shown. 2. Approve vacation request with amendments. 3. Request staff to prepare resolution denying proposed vacation based on objections and remonstrances received during the public hearing. FISCAL IMPACT 1' Fees paid by applicant. 2. Fees paid by applicant. 2. Fees paid by applicant. RECOMMENDATION Staff recommends alternate #1. Motion to approve ordinance as presented. ' lw/4487A ` MEMORANDUM CITY OF TIGARD' OREGON TO: City Council February 11, 1987 FROM: Randy Clarno, Develnpmept Services Manag� SUBJECT: Community Development Department Report for Proposed Vacation of S.W. Inez Street (S.W. 07th Avenue to Butler Terrace Subdivision) ' BACKGROUND On November 10' 1086, Thomas Amberg from Technical Engineering Corp. on behalf of Samuel A. Qotter III, requested that the City initiate proceedings to vacate a portion of S.W. Inez Street. Samuel A. Gntter III in the developer of Butler Terrace, a 0 lot subdivision on S.W. Inez Street between S.W. 03rd Avenue and S.W. 07th Avenue. The portion of S.W. Inez being requested for vacation lies between the west line of Butler Terrace and S.W. 97th Avenue and in currently unimproved (see attached map and description) . On January 12^ 1987 Council heard this request and by Resolution 87-04 (attached) agreed to the request and set the public hearing for February 23' / 1087. FINDINGS ' Planning Commission As required by Title 15.08.090 of the Tigard Municipal Code, the Planning Commission heard the request and at their January 20^ 1987 regular meeting recommended the vacation be approved subject to one condition. This condition being the retainage of a bikeway/pedestrian way easement between S.W. 97th Avenue and the improved portion of S.W. Inez Street (see attached memo from the Planning staff) . It should be noted that the improvement of this pathway is e "condition of approval" for the Butler Terrace subdivision. Traffic, pedestrian and bicycle circulation As suggested by the Planning Commission, easements will be required to provide for proper pedestrian and bicycle circulation. No negative impacts are realized to traffic circulation. Staff had previously evaluated this with the proposed Butler Terrace subdivision and cul—de—sac arrangement thus recommending Planning Commission approval. Fire and Police Service Responses were received from both the Police Department and the Tualatin Fire District and neither had concerns relative to service or response time. City Council Memo Page 2 ' Drainage and Sanitary Sewer Currently all properties east of S.W. 97th Avenue near Inez Street have provision for access to the public storm drainage system. Most properties west of S.W. 97th Avenue will drain toward S.W. 07th Avenue and then toward S.W. McDonald. Therefore. staff is not recommending retainage of a storm drainage easement. Similar to storm drainage, sanitary sewer service is most practically provided using S.W. 97th Avenue. Other Utilities Responses were received from the following other utility providers: Willamette Cable Tigard Water District General Telephone Northwest Natural Gas Portland General Electric None of the above utility providers had objection to the proposed vacation. < Transportation Plan and Capital Improvements Progra The proposed vacation does not conflict with either the Transportation ' Plan or Capital Improvement Program. RECOMMENDATION Staff recommends that the proposed vacation of a portion of S.W. Inez Street be approved subject to one condition. This condition being that a permanent pedestrian/bikeway easement be retained over a portion of the vacated area, said portion being described in the attached Exhibit B. The terms and conditions of said easements being those standard terms and conditions adopted by the City for general use and reading as follows: A bicycle way and pedestrian way, which may be used by pedestrians and non—motorized mechanical means of transportation, such as bicycles and for no other purposes, and for said purposes to place, construct, operate, replace' maintain' inspect' reconstruct and install necessary improvements, and the right to enter upon such premises for said purposes, The City shall have the right at any time to enter upon the above described real property for the purposes hereinabove mentioned, and in connection therewith may remove any trees, shrubs or brush necessary or convenient to accomplish said purposes. The underlying title owners, their heirs, successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real property . ~ ` - . ' CITY OF TIGARD, OREGON RESOLUTION NO. 87-_g_q A RESOLUTION CONCERNING VACATION OF A PORTION OF SW ZNEZ STREET (FROM THE EXISTING IMPROVED PORTION OF I0EZ TO SW 97TH AVENUE)' A DEDICATED PUBLIC RIGHT-OF- WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (Sam Gotter WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of street right-of-way; and WHEREAS, this portion of land was previously dedicated for street right-of-way purposes, it has been determined to not be needed by the City for this purpose in its current alignment; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mai} of the prooeeJingg'and that the property owner, Mr, Sam Gotter III, pay all fees-and charges as set out in TMC Chapter 15'08. (2) That a public hearing is hereby called to be held by the City Council on Monday, February 23' 1987, at 7:00 P.M. at the Tigard / Civic Center Town Hall Room, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any . objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands. (3) That the City Recorder be, and she is hereby, authorized and directed to cause to have published in the Tigard Times' a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be January 22^ 1987 and once each week thereafter for five publiuhings in all. The Recorder be, and she is hereby, further directed to cause to have posted within five (6) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area proposed to be vacated. (4) That the particular portion of dedicated public right-of-way proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part hereof. > PASSED: Thim day of ' 1987. ` ` Mayor - City of Tigard order City of Tigard RESOLUTION NO. 87-(--'-/_ lw/4487A ` EXHIBIT ( `^ STREET VACATION. , A portion of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of Penrose Terrace subdivision Beginning at a point which is SO 043'30" W, 24,24 feet from the Southeast corner of Lot 33, TIGARDVlLLE HEIGHTS, 3 plat of record in the Northwest quarter of Section ll , Township 2 South, Range l West, Willamette Meridian , City of Tigard , Washington County, Oregon; thence from said beginning point ' continuing S v"o4]' 30" W along the West line of PENROSE TERRACE, a plat of record , 15^75 feet; thence S 89 052'02" W, 490'32 feet to the Easterly right- of-way Of S.W. 97th Avenue; thence Northerly along said right-of-way 40.00 feet to the South line of said Lot 33, TlGARDYlLLE HEIGHTS; thence N 89 o52' 02" E, along said South line 225'21 feet; thence along the aro of 8 45.00 foot radius , non-tangent curve to the left 85.78 feet to an Iron Rud /the O radius point bears Northeasterly and the Chord bears 5 69 12'40"E, 73.95 feet); thence along the arc of a 16.00 foot radius curve to the right ( 9.29 feet -to an Iron Rod (the long Chord bears N 72010' 38"E, 9.16 feet); thence N 88 o 48'50"E, 60.39 feet to an Iron Rod; thence along the arc of a 1183,91 foot radius curve to the right 48.96 feet (the long chord bears N 89 O 59'55"E, 48'96 feet) ; thence 3 88 o 49'00"E, 72'50 feet to the point of beginning' � ' City Council Memo Page 3 ' The underlying title owners will reserve the right to utilize the said area for all private lawful purposes which do not unreasonably interfere with or are not inconsistent with the uses thereof by the grantee and the public for the purposes herein stated. It is expressly understood that this easement does not convey any right, title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion hereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. In consideration of the premises, the City agrees that if said City, its successors or assigns should cause said easement to be vacated, the right of the City in the abou"encri6ed easement will be forfeited and shall immediately revert to the underlying title owners, their successors and ` assigns in the came of such event. RC:cn/0643W • � I+ - � 1 � - [ �n^ O � Q1 I ............................. o:; 0 � 1 1 N i+ Io o o M) •O 3.O I .O Vf� SGL N cI W 00 ' 1; - ` J l J - 17th. -I-AVENUE - T1 S-W. C a HD .981 o �).=1 ,nu°�.=� iC = . S OI•..' M - 'IY aLaf 1 j. ^ IO •, 10 On tho•.e'sYc Isz1e1 1 np c�l o I t >E I I �o F- - - — — � 124 I > IJ CD •• v t I I 100 0 94th —� - - — - -- - - --� .°°.•° "� . ,. © FYI of I e :: {� } �m o {� gi N p ° -00 _ .°d_o Im W I n N p N 8 r17 p v s:. W. J I� a-i no M&MDRA13" TO: City Council FROM: Keith Liden, Senior Planner .� RE: Street right-of-way vacation - SW Inez and SW 66th Avenue On January 20, 1987, the Planning Commission reviewed the proposed vacation of the following: SW Inez Street - between existing improved right-of-way and SW 97th Avenue SW 66th Avenue - between Atlanta Street through its intersection with SW Baylor The. Commission recommends approval of proposed vacations with the understanding that a pedestrian right-of-way and walkway be retained between SW 97th Avenue and the proposed SW Inez Street cul-de-saC- This walkway was a condition of approval for Butler Terrace subdivision. � ).,....� Y ^ ;;.vim�, c$.4sde'.. "'• ' ',`'� , :r9' CITY OF TICARD^ OREGON ORDINANCE NO. 87— AN ORDINANCE VACATING A PORTION OF SW INEZ STREET (NEAR SW 07TH AVENUE) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return a portion of SW Inez Street to private ownership facilitating the development of Butler Terrace Subdivision; and WHEREAS, the vacation in recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with ORS 271. 100^ and TMC Section 16.08. 110' the Council fixed a time and place for the public hearing and the Recorder published notice and pouted 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 in ORS 271.080; and / WHEREAS' the Council, having held a hearing on February 23, 1087' finds the public interest will not be prejudiced by the vacation as provided by ORS 271. 128 and TMC Section 15.08. 130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a portion of SW Inez Street right—of—way because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1 . That a permanent pedestrian/bikeway easement be retained over a portion of the vacated area, said portion being described in the attached Exhibit B. The terms and conditions of said easement being those standard terms and conditions adopted by the City for use with pedestrian/bikeway easements and reading as follows: A bicycle way and pedestrian way' which may be used by pedestrians and non—motorized mechanical means of transportation, such an bicycles and for no other purposes, and for said purposes to place, construct, operate' replace, maintain' inspect, reconstruct and install necessary improvements, and the right to enter upon such premises for said purposes. ORDINANCE NO. 87— Page I ---- The City shall have the right at any time to enter upon the above described real property for the purposes hereinabove mentioned~ and in connection therewith may remove any trees, shrubs or brush necessary or convenient to accomplish said purposes . The underlying title owners, their heirs, successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real property. The underlying title owners will reserve the right to utilize the said area for all private lawful purposes which 6o not unreasonably interfere with or are not inconsistent with the uses thereof by the grantee and the public for the purposes herein stated. It is expressly understood that this easement does not convey any right~ title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion hereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. In consideration of the premises, the City agrees that if said City, its successors or assigns should cause said / easement to be vacated, the right of the City in the above—dencribed easement will be forfeited and shall immediately revert to the underlying title owners, their ' successors and assigns in the cane of such event. 2. The vacation shall not he effective until the effective date of this ordinance, and a certified ropy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TICARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of SW Inez Street (near 97th Avenue) as described on the attached Exhibit "A^" and by this reference made parts hereof. Section The Tigard City Council further orders that the vacation be subject to the following conditions: 1 . That a permanent pedestrian/bikeway easement be retained over a portion of the vacated area, said portion being described in the attached Exhibit B. The terms and conditions of said easement being those standard terms and conditions adopted by the City for use with pedestrian/bikeway easements and reading as follows: ORDINANCE N0. 87— � ___-- Page 2 ' H bicycle way and pedestrian way, which may be used by pedestrians and non—motorized mechanical means of transportation, such as bicycles and for no other purposes, and for said purposes to place, construct, operate, replace' maintain, inspect, reconstruct and install necessary improvements, and the right to enter upon such premises for said purposes . The City shall have the right at any time to enter upon the above described real property for the purposes hereinabove mentioned, and in connection therewith may remove any trees, shrubs or brush necessary or convenient to accomplish said purposes. The underlying title owners, their heirs, successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real property. ` The underlying title owners will reserve the right to utilize the said area for all private lawful purposes which do not unreasonably interfere with or are not inconsistent with the uses thereof by the grantee and the public for the purposes herein stated. It is expressly understood that this easement does not convey any right, title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion hereoxer; provided, however, that such use ' shall not interfere with the uses and purposes of the intent of the easement. In consideration of the premises, the City agrees that if said City' its successors or assigns should cause said easement to he vacated, the right of the City in the abov"enoribe6 easement will be forfeited and shall immediately revert to the underlying title owners, their successors and assigns in the case of such event. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. ORDINANCE NO. 87— Section 3: In no situation shall this ordinance be effective until the 81st day after its enactment by the City Council and approval by the Mayor. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1987. Loreen R. Wilson, City Recorder APPROVED: This day of ' 1087. Thomas Brian, Mayor ORDINANCE NO. 87— Page 4 Iw/4487A ' - ' EXHIBIT "A" Description of Area to be Vacated A portion of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of Penrose Terrane Subdivision. Beginning at a point which is South 0043'30" West, 24.24 feet from the Southeast corner of Lot 38, TIGARDVZLLE HEIGHTS, a plat of record in the Northwest quarter of Section 11' Township 2 South, Range 1 West' Willamette Meridian, City of Tigard, Washington- County, Oregon; thence from said beginning point continuing South 0048'30" West along the West line of PENR0SE TERRACE, a plat of record, 15.76 feet; thence South 80052'02" West, 400.32 feet to the Easterly right-of-way of S.W. 07th Avenue; thence Northerly along said right-of-way 40.00 feet to the South line of said Lot 33^ TIGARDVILLE HEIGHTS; thence North 89052'02" East, along said South line 225.21 feet; thence along the arc of a 45.00 foot radius, non-tangent curve to the left 86.78 feet to an Iron Rod (the radius point bears Northeasterly and the chord bears South 60012'40" East, 73 .95 feet); thence along the aro of a 16.00 foot radius curve to the right 9.20 feet to an Iron Rod (the long chord bears North 72010' 38" East, 9. 16 feet); thence North 88048'50" East, 66.39 feet to an Iron Rud; thence along the arc of a 1183.91 font radius curve to the right 48.90 feet (the long chord bears North 89069'55" East, 48.06 feet); thence South 88049'00" East, 72.50 feet to the point of beginning. 4547A ' EXHIBIT "0" ( Description of Area to be Retained as a Pedestrian/Bikeway Easement lht portion of land located in the Northwest quarter of Section 11^ Township 1 South' Range 1 West, Willamette Meridian, and being more particularly described as follows: Beginning at the southwest corner of Lot 1^ Butler Terrne, a recorded Plat, Washington County Plat Records; thence North 00046'52" East, on the west line of said Lot 1, 20.0 feet; thence South 84052'O2" West approximately 125 feet to the east right—of—way line of S.W. 97th Avenue (County Road 1982)} thence southerly on said east right—of—way line on a nnntangent 477.46 foot radius curve concave to the went, 20 feet; thence North 89052`02" East 105 feet; thence South 00046'52" West, 20 feet; thence North 89052`02" East 140.41 feet; thence North 00007'58" West 12.07 feet to a 45-foot radius curve on the youth right—of—way line of S.W. Inez Street; thence northeasterly on said 45 foot radius curve (the chord bears North 44»3U/57" Went 10.84 feet), 20 feet to the point of beginning, containing approximately . 12 acres . 4S47A / /. / " to VcC) l b C ✓ ^ J,, 1 �J `O � .•.�.� no•s` iCii a?.N � a � •, e s0 '{i tit i�'• b A n 11, 10 N, N, n '' i ti + • N PA 731 064 D4 00.4 4 , —� b p Jr� • •r N r � V V. y., N N 'oz.s. ,;�' * 4.4s ,00 �t, J `�i N t�► fie' ' g� 0e c 1 '� ,O ,00 — � Moo. :� � � J � ,� J Ci�• � Y l'3 00 1� \ : 'parx lit t` « w ,` i tot r't +�" C1 r V• � � O '► N � s � � � i• \CY o D . �i �s3,j a r \ 1 1 00 1 „y eIt �� CD �, N l •c l � . � • \a • p � fj 1 � ' 1 0 i 10 ♦ � Y 4 i.M w IT Q 1 . W Y, 0IQ � j,/_��\/� ItN ry +► 1.7. � I u N M ��r N 40kA 8. s It { i ' � 1sit2 64 4 o v f a Ni )7th. c a No 1981 �`�AV E N U :1 ,�4�s 1 • T i S.W. -�- ;;, i c A 14. S 01044* WL4 �1.* tll.ti 01•SA'w �� L O 1 N F SO • w sip O at O ` 1 �a v n � V j f f y AN. v 5 VE I ! iN •t6,5VE Itso 1 ) 124 { j I 104 d ? .00.02 lt.f7. M .00 S 1 [ 1. N V $ N `+! >o 111 �i► ✓� v W O y. N N i � e { a �o�a 14 • ', • A 0w ♦ 100 104 i' 1�• * +i~_ f I K 0000 w 00° t+ w w 00. tr• yr J+'C + t S.V . 94th iI w3 t; c� ,. 1 1 O CT100 i•' _' ' 'f ----'� � ♦ads + _71 CO o �! " + 000 _ t 40 h 00 =4' w ♦ 1 ♦ ''r4' c G') .IIIc? • .y T 8 1 000 a fs..c K X 4t .04.04 O Y. 11• ` rr1.i�r.1w�t iw.w0� jj 4 00 a , __ -- - - S. W. 97th AVE . 41 3 �+ F , 3 ,r rpt Z ;fir.•--- � ��� _._. � S. W. 93 rd ' TECHNICAL ENGINEERING CORPORATION 8835 S.W. CANYON LANE SUITE 405 PORTLAND, OREGON 97225 15031 297- 3721 November 10, 1986 City Recorder City of Tigard P.O. Box 23397 Tigard, Oregon 97223 On behalf of Samual A. Gotter, III , the developer of BUTLER TERRACE subdivision, we are requesting the vacation of a portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Terrace subdivision. We have enclosed a legal description and a drawing showing the location of the proposed vacation. As can be seen, the existing right-of-ways do not line up and is only 40 feet wide. The right- of-way in BUTLER TERRACE will coincide with that in Penrose Terrace. Thank you for your consideration of this matter. Very truly yours, TECH ICAL ENGINEERING CORP. 'y t" -- Thomas L. Amberg, P.E. ,Xcc: Samual A. Gotter, III ENGINEERING PLANNING SURVEYING CITY OF TIGARD' OREGON STREET VACATION TIME 9HEET/13I1 LI0G ���.N'T VACATION: ---------- Petitioner presentative: Address: Fee Payment Split: DATE WORK DONE COST BALANCE _ '-- Refund Paid Refund Amount -- Vacation Process Completed nw/4487A CIIYOFTIFARD y 25 Years of Service 1961-1986 Ti OREGON March 27, 1987 Washington County Records Division 150 North First Hillsboro, OR 97123 Re: Recording of Document - Street Vacation Gentlemen: Enclosed is a check in the amount of $53.00 for.recording fee for the following document: Ordinance No. 87-08; An Ordinance vacating a portion of S.W. Inez'Street (near S.W. 97th Avenue) and declaring an effective date.' '8 pages + index fee = $ 33-00 Surveyor's Fee 20.00 $ 53-00 Please file a .Popy of the recorded vacation with the County Surveyor and County Assessor's office. Also, return the recorded original to this office. Thank you for your help. ' Sincerely, Catherine Wheatley Deputy Recorder ew Enclosure man 'd 25 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 WTI be Vdt-c�ea�k s A portion of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of Penrose Terrace subdivision Beginning at a point which is S 0043'30" W, 24.24 feet from the Southeast corner of Lot 33, TIGARDVILLE HEIGHTS, a plat of record in the Northwest quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian. City of Tigard, Washington County, Oregon; thence from said beginning point continuing S 0043130" W along the West line of PENROSE TERRACE, a plat of record, 15.76 feet; thence S 89052'02" W, 490.32 feet to the Easterly right- of-way of S.W. 97th Avenue; thence Northerly along said right-of-way 40.00 feet to the South line of said Lot 33, TIGARDVILLE HEIGHTS; thence N 89052' 02" E, along said South line 225.21 feet; thence along the arc of a 45.00 foot radius, non-tangent curve to the left 86.78 feet to an Iron Rod (the radius point bears Northeasterly and the chord bears S 69012'40"E, 73.95 feet); thence along the arc of a 16.00 foot radius curve to the right 9.29 feet to an Iron Rod (the long chord bears N 72010'38"E, 9.16 feet) ; thence N 88048'50"E, 66.39 feet to an Iron Rod; thence along the arc of a 1183.91 foot radius curve to it he right 48.96 feet (the long chord bears N 89059'55"E, 48.96 feet); thence S 88049'00"E, 72.50 feet to the point of beginning. t� lJ. �� '��p✓�1� �G/��� GLV L�JC.f�i��� �;� d�,.�%%1.C���� l (� �GC��,Q/�, � GL-- -fC.2.�.�1'IG��- ��� � v"G�'ri✓' 19�, ��r.�G�' ,Coloa� o to 2p 6-20 CYIA .i1 q - INEZ STREET VACATION 2S1 11AB 6400 7800 David M & Mary J Thorsell Donald N Jr & Marjorie M Green 9280 S.W. View Terrace 9385 S .W. Inez Street Tigard, OR 97223 7700 6500 Arthur W & Beverly Straub David Denelle and Dathryn R Britton 9425 S.W. Inez Street P.O. Box 230155 Tigard, OR 97223 8700 James J & Arlene L Stanley 6600 14415 S.W. 94th Ct. Wayne E Jr & V Geraldine Sheppard c/o Mark R & Patricia Christie 8600 9285 S.W. Inez Street Donald W & Julie A Ferguson Tigard, OR 97223 14425 S.W. 94th Ct. 7100 8500 William E. & Laura J. Cooper Doris Hartig 9280 S.W. Inez Street 14430 S.W. (?4th Ct. Tigard, OR 97223 8400 7200 John G & Patricia A Sweitzer Robert A. & Karen M. Morris 14420 S.W. 94th Ct. 9300 S.W. Inez Street Tigard, OR 97223 8300 Samuel H & Ellen A Mallicoat 7300 14410 S.W. 84th Ct. Mark & Christine Phifer 9330 S.W. Inez Street 8200 Tigard, OR 97223 Homer C & Hazel M Watson 14415 S.W. 93rd Avenue 7400 Ralph A. & Joan H. Fuller 8100 9360 S.W. Inez Raymond M & Eda G Kalberer 14425 S .W. 93rd 7500 William Richard & Suzanne Weiller 9390 S.W. Inez Street 2S1 11AC 7600 2700 Clifford M & Edith M Hopkins Union High School District 9430 S.W. Inez Street No. 2 JT 8000 Stanley M & Shirley Eggert 14435 S.W. Inez Street 7900 Arthur J & Gloria P Draz 9355 S.W. Inez Street ^ MEMORANDUM CITY OF TIQARD^ OREGON TO: Jill Monley March 11, 1087 FROM: Cathy Wheatley SUBJECT: Inez Street Vacation ' ' Per your inquiry _of this morning, Ordinance No. 87-08 was adopted by the Council on February 23^ 1987 vacating a portion of SW Inez Street with certain conditions. Those conditions were: 1 . That a permanent pedestrian/bikeway easement be retained , over a � portion of the vacated area, said portion being described in the . attached Exhibit B. The terms and conditions of said easement being those standard terms and conditions adopted by the City for use with pedestrian/bikeway easements and reading as follows: A bicycle way and pedestrian way, which may be used by pedestrians and non—motorized mechanical means of transportation, such as bicycles and for no other purposes, and for said purposes to place, construct, operate, replace, maintain, inspect, reconstruct and install necessary improvements, and the right to enter upon such premises for said purposes. The City shall have the right at any time to enter upon the above described real property for the purposes hereinabove mentioned, and in connection therewith may remove any trees, shrubs or brush necessary or convenient to accomplish said purposes. The underlying title owners, their, successors, assigns or representatives shall not construct or maintain any building or other structures upon n the above described real property. The underlying title owners will reserve the right to utilize the said area for all private lawful purposes which 6o not unreasonably interfere with or are not inconsistent with the uses thereof by the grantee and the public for the purposes herein stated. It is expressly understood that this easement does not convey any right, title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion hereuver| provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. —1— In consideration of the premises, the City agrees that if said City' its mucneunuro or assigns should cause said easement to be vacated, the right of the City in the above—described easement will be forfeited and shall immediately revert to the underlying title owners, their successors and assigns in the case of such event. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. I forwarded a copy of the Ordinance to Mr. Cutter on March 3. He will contact Randy Clarno, Development Services Manager should he have any questions. It is my understanding that Randy will notify me when this Ordinance can be forwarded to the County for recording. cw ' ^ � . CITYOF TIOARD OREGON March 3, 1987 25 Yeors of Sen4ce 1961-9986 Mr. Samuel A. Gotter III P. 0. Box 23023 Tigard, OR 97223 Re: Ordinance No. 87-08 - Vacation of a portion of Inez Street Dear Mr. Gotter: Enclosed please find a copy of Ordinance No. 87-08 which was adopted at the regular City Council meeting of February 23, 1987• The vacation you requested has abeen granted subject to the conditions as outlined in the attached Ordinance. The Ordinance will not be recorded and the vacation will not be effective until the conditions have been satisfied. Please contact Mr. Randy Clarno, Development Services Manager at the address and telephone number listed below should you have any questions. Sincerely, KZ�Q-e- Catherine Wheatley Deputy Recorder cw Enclosure 13125 SW Hail Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY OF TIGARD, OREGON ORDINANCE NO. 87-25_ AN ORDINANCE- VACATING A PORTION OF SW INEZ STREET (NEAR SW 97TH AVENUE) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return a portion of SW Inez Street to private ownership facilitating the development of Butler Terrace Subdivision; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with ORS 271 .100, and TMC Section 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271 .080; and WHEREAS, the Council, having held a hearing on February 23, 1987, 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 a portion of SW Inez Street right—of—way because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1. That a permanent pedestrian/bikeway easement be retained over a portion of the vacated area, said portion being described in the attached Exhibit B. The terms and conditions of said easement being those standard terms and conditions adopted by the City for use with pedestrian/bikeway easements and reading as follows : A bicycle way and pedestrian way, which may be used by pedestrians and non—motorized mechanical means of transportation, such as bicycles and for no other purposes, and for said purposes to place, construct, operate, replace, maintain, inspect, reconstruct and install necessary improvements, and the right to enter upon such premises for said purposes. ORDINANCE NO. 87— 08 Page I The City shall have the right at any time to enter upon the above described real property for the purposes hereinabove mentioned, and in connection therewith may remove any trees, shrubs or brush necessary or convenient to accomplish said purposes. The underlying title owners, their heirs, successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real property. The underlying title owners will reserve the right to utilize the said area for all private lawful purposes which do not unreasonably interfere with or are not inconsistent with the uses thereof by the grantee and the public for the purposes herein stated. It is expressly understood that this easement does not convey any right, title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion hereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. In consideration of the premises, the City agrees that if said City, its successors or assigns should cause said easement to be vacated, the right of the City in the above-described easement will be forfeited and shall immediately revert to the underlying title owners, their successors and assigns in the case of such event. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of SW Inez Street (near 97th Avenue) as described on the attached Exhibit "A," and by this reference made parts hereof. Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1 . That a permanent pedestrian/bikeway easement be retained over a portion of the vacated area, said portion being described in the attached Exhibit B. The terms and conditions of said easement being those standard terms and conditions adopted by the City for use with pedestrian/bikeway easements and reading as follows: ORDINANCE NO. 87-O' Page 2 A bicycle way and pedestrian way, which may be used by pedestrians and non—motorized mechanical means of transportation, such as bicycles and for no other purposes, and for said purposes to place, construct, operate, replace, maintain, inspect, reconstruct and install necessary improvements, and the right to enter upon such premises for said purposes . The City shall have the right at any time to enter upon the above described real property for the purposes hereinabove mentioned, and in connection therewith may remove any trees, shrubs or brush necessary or convenient to accomplish said purposes. The underlying title owners, their heirs, successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real property. The underlying title owners will reserve the right to utilize the said area for all private lawful purposes which do not unreasonably interfere with or are not inconsistent with the uses thereof by the grantee and the public for the purposes herein stated. It is expressly understood that this easement does not convey any right, title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion hereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. In consideration of the premises, the City agrees that if said City, its successors or assigns should cause said easement to be vacated, the right of the City in the above—described easement will be forfeited and shall immediately revert to the underlying title owners, their successors and assigns in the case of such event. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. ORDINANCE NO. 87— Page 3 Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By unanimous vote of all Council members present after being read by number and title only, this 23rd day of February 1987. ter�eeit-�--�i3-sem►;-���-�e�►r�e� Catherine Wheatley, Deputy Recorder APPROVED: This 23rd day of February 1987. Thomas Brian, Mayor ORDINANCE NO, 87-C Page 4 lwI4487A EXHIBIT "A" Description of Area to be Vacated A portion of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of Penrose Terrace Subdivision. Beginning at a point which is South 0043'30" West, 24.24 feet from the Southeast corner of Lot 33, TIGARDVILLE HEIGHTS, a plat of record in the Northwest quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon; thence from said beginning point continuing South 0043'30" West along the West line of PENROSE TERRACE, a plat of record, 15.76 feet; thence South 89052'02" West, 490.32 feet to the Easterly right-of-way of S.W. 97th Avenue; thence Northerly along said right-of--way 40.00 feet to the South line of said Lot 33, TIGARDVILLE HEIGHTS; thence North 89052'02" East, along said South line 225.21 feet; thence along the arc of a 45.00 foot radius, non-tangent curve to the left 86.78 feet to an Iron Rod (the radius point bears Northeasterly and the chord bears South 69012'40" East, 73.95 feet); thence along the arc of a 16.00 foot radius curve to the right 9.29 feet to an Iron Rod (the long chord bears North 72010'38" East, 9. 16 feet); thence North 88048'50" East, 66.39 feet to an Iron Rod; thence along the arc of a 1183.91 foot radius curve to the right 48.96 feet (the long chord bears North 89059'55" East, 48.96 feet); thence South 88049'00" East, 72.50 feet to the point of beginning. 4547A � iia d`. S♦ `� �+� , . V ; ^� .10 L� `Q � • l�1 #`O P M, o 0 y. ( v y 00 Y too t r d00 00 13•_ t00 10 y r -- r\ .. • 2� � O V � ,fit V �! f w tea! O 5 n Ac jt s .00 'e vp C i r t ` �. •� � J s .tlO Y 00A i• 1 00001, 6 EXHIBIT "B" Description of Area to be Retained as a Pedestrian/Bikeway Easement Tht portion of land located in the Northwest quarter of Section 11, Township 1 South, Range 1 West, Willamette Meridian, and being more particularly described as follows: Beginning at the southwest corner of Lot 1, Butler Terrce, a recorded Plat, Washington County Plat Records; thence North 00046'52" East, on the west line of said Lot 1, 20.0 feet; thence South 89052'02" West approximately 125 feet to the east right-of--way line of S.W. 97th Avenue (County Road 1982); thence southerly on said east right-of-way line on a nontangent 477.46 foot radius curve concave to the west, 20 feet; thence North 89052'02" East 105 feet; thence South 00046'52" West, 20 feet; thence North 89052102" East 140.41 feet; thence North 0000758" West 12.97 feet to a 45-foot radius curve on the south right-of-way line of S.W. Inez Street; thence northeasterly on said 45 foot radius curve (the chord bears North 44030'57" West 19.84 feet), 20 feet to the point of beginning, containing approximately . 12 acres. 4547A i Q `1 yrw 00 ab J .. .�11 N � ► v O -' o �6� • u.1 S� s JAP i * ♦ JL � �y ter/ • 1 J ♦t J •a�as '++ J `0 ri QO O i, s a0 IPA 1 " a• a „16 +• v ra0 c v 010 I � I• • J N .a s too 1 ti T O 4 y .r+ J ti q c 1 V00 1%3 '' a'S t1+ _ 'Q' J v -1 13' t 9 ` fit•. -.. -E ltN �- ''00 ' IV too l� wwod1 40 D O • .00.6 • r i x S i t► i0 ~C► X x t.0 VR ,off, 0 b N 10 4 - • ' IQ 0 1 C n Ken Cheeley, 15300 S.W. Alderbruoh Court, Tigard, Oregon testified that he in a member of the Calvin Presbyterian Church. The church needs more space due to increased attendance and addition of staff. Thim temporary structure will help alleviate their space needs until such time an the new facility can be constructed. n Kitty Meyers, (no address given for the record) signed in as a proponent on this issue. My. Meyers stated that previous testimony reflected her planned presentation on the issue; therefore, she declined to formally address the Council . e. Community Development Director stated that the Staff recommends favorable for the granting of a Temporary Use Permit for the Calvin Presbyterian Church for a period of one year. f. RESOLUTION NO. 87-26 A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR TEMPORARY USE APPROVAL REQUESTED BY CALVIN PRESBYTERIAN CHURCH' FILE NUMBER TU 87-01' APPROVING THE APPLICATION SUBJECT TO CERTAIN CONDITIONS, ENTERING FINDINGS AND CONCLUSIONS. g. Motion by Councilor Eadon, seconded by Councilor Edwards, to approve Resolution No. 87-26. Approved by a unanimous vote of Council present. g. PUBLIC HEARING - MUNICIPAL CME AMENDMENT - SBC CREDIT - CITY OF TZGAWD A request for an amendment to Section 3 .20 of the Tigard Municipal Code to repeal Subsection 3 .20.055 which currently allows for application of Streets System Development Charge credits when making certain improvements at the time of development. a. Public Hearing Opened. b. Motion by Councilor Johnson, seconded by Councilor Edwards, to continue the Public Hearing to the Regular City Council Meeting of March 23, 1087. Approved by a unanimous vote of Council present. 10. PUBLIC HEARING - STREET VACATION - I0EZ STREET - SAM GOT-[ER a. Public Hearing Opened b. Community Development Director summarized this agenda item. The staff has reviewed the application, cited a number of conditions and recommended favorable. C. Public Testimony - No one testified. Page 5 - COUNCIL MINUTES - FEBRUARY 22, 1987 d. Community Development Director stated staff recommends favorable for this vacation request. e. ORDINANCE NO. 87-08 AN ORDINANCE VACA'FING A PORTION OF SW INEZ STREET (NEAR SW 07TH AVENUE) AND DECLARING AN EFFECTIVE DATE. f. Motion by Councilor Edwards, seconded by Councilor Johnson, to adopt Ordinance No. 87-08 . Approved by unanimous vote of Council present. 11. SANITARY SEWER SERVICE TO PARCEL 21, LID 42 DISCUSSION a. City Engineer reported that in 1083, LID 42 was formed to provide sanitary sewers in the vicinity of 68th Parkway between Atlanta and Franklin Streets. In reviewing the file, it appeared that the LID was formed hastily in order to get sewers constructed before the street was paved. Because of that procedure there were some items left unresolved before the project went to construction. Not all of the casements were obtained and, for this reason, service to Parcel 21 (St. Clair property) has not been established , City Engineer explained that this discussion item was placed on this meeting' s agenda because of the street vacation scheduled as the next item on the agenda. This street serves the St. Clair property and could, in theory, be a route for serving that property for sewer. City Engineer did not want this potential to be precluded until Council reviewed the newer options. The original proposal was to provide sewer to Parcel 21 via an easement across the adjoining property (Leiser property) . This easement has yet to he obtained. City Engineer outlined the potential for extending the sewer in 67th avenue or running it up to 66th Avenue; however, these alternatives would be somewhat expensive and were not recommended as more appropriate routes for the sewer. Many of the properties in this area are in the process of redeveloping from residential single—family homes into 6uoinmno parks, offices, etc. (for which the area in now zoned) . Because some of these properties may he redeveloped in the next few years, going to the expense to provide sewer service to them now may not be the best plan. It in possible the small lots may be combined into one development; a sewer through the middle might inhibit that development. City Engineer recommended a determination that Parcel 21 is not benefited by this LID and, therefore, be given a zero assessment in a final LID. This occurred on a few other parcels for this LID during the preassessment hearings because of topography problems . Page 6 — COUNCIL. MINUTES — FEBRUARY 23, 1987 MEMORANDUM TO: City Council FROM: Keith Liden, Senior Planner RE: Street right-of-way vacation SW Inez and SW 66th Avenue On January 20, 1987, the Planning Commission reviewed the proposed vacation of the following: SW Inez Street - between existing improved right-of-way and SW 97th Avenue SW 66th Avenue - between Atlanta Street through its intersection with SW Baylor The Commission recommends approval of proposed vacations with the understanding that a pedestrian right-of-way and walkway be retained between SW 97th Avenue and the proposed SW Inez Street cul-de-sac. This walkway was a condition of approval for Butler Terrace subdivision. TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice 7-6921 BEAVERTON, OREGON 97075 Legal Notice Advertising AN— City of Tigard 0 0 Tearsheet Notice "k�j PO Box 23397 00 Duplicate Affidavit re$ 9 Tigard, OR 97223 '., 3ifiTr1987 OAP AFFIDAVIT OF PUBLICATION STATE OF OREGON, )ss. COUNTY OF WASHINGTON, 1, Anne Jean being first duly sworn, depose and say that I am the Advertising E Director, or his principal clerk, of the Ti ard TirAes 0 ii C: cc L5 a newspaper of general circulation as defined in ORS 193.010 'A 0 941"a C63 L)i and 193.020; published at in the H'C= aforesaid county and state; that t e co Net 2 -ee ef SW Ulnez street VAIC-21ti-onM 9- a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for successive and N w% 0 a . 5 "4--. consecutive in the following issues: 10 I~ Eolgal �x' lad} -92 , 297 'F(:,b_-- I P I Q 1987 z OCS Lp C:.- C4 o92.1:9 16&1* z z Cd 1% .1.. Zq E- . . a 'R ** Subscribed and sw fore me this 40 Er 4) 7 NtYtOry Public for Oregon My Commission Expires: 9-2o-88 AFFIDAVIT AFFIDAVIT OF POSTING In the Matter of the Proposed Street Vacation - S.W. Inez Street (from the existing improved portion of Inez to SW 97th Avenue) STATE OF OREGON County of Washington) ss. City of Tigard I, Bob Thompson being first duly sworn, on oath depose and say: That I posted in the following public and conspicuous places, a copy of Notice of Public Hearing of the Street Vacation of aportion of S.W. Inez Street a copy of said notice being hereto attached and be reference made a part hereof, on the 26thday of January -, 19 87 . 1 . On a tree at the northwest corner of Lot 21 of Penrose Terrace #1 . 2. On a lathe at the southeast corner of Lot 1 of Butler Terrace. 3. On a lathe at the southwest corner of Lot 1 of Butler Terrace. 4. On a PGE anchor pole at the west end of vacation area. Subscribed and sworn to before me this �'R,day o iqLi- i otary Public for Oregon Affidavit of Posting My Commission Expires: CITY OF TIGARD CITY OF TIGARD, OREGON RESOLUTION NO. 87 A RESOLUTION CONCERNING VACATION OF A PORTION OF SW INEZ STREET (FROM THE EXISTING IMPROVED PORTION OF INEZ TO SW 97TH AVENUE), A DEDICATED PUBLIC RIGHT—OF— WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (Sam Gotter WHEREAS' a vacation request has been received and filed with the City Recorder for vacation of street right—of—way; and WHEREAS, this portion of land was previously dedicated for street right—mf—way purposes, it has been determined to not be needed by the City for this purpose in its current alignment; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings and that the property owner, Mr. Sam Cotter III, pay all fees and charges as net out in TMC Chapter 16.08. (2) That a public hearing is hereby called to be held by the City Council on Monday' February 23' 1987, at 7:00 P.M. at the Tigard Civic Center Town Hall Room, 13126 SW Hall Boulevard, within the City of Tigard' at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands. (3) That the City Recorder be, and she in hereby' authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be January 22, 1987 and once each week thereafter for five pubIishings in all. The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area proposed to be vacated. (4) That the particular portion of dedicated public right-of-way proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part hereof. � PASSED: This day of ' 1987. ` ATTEST- Mayor — City of Tigard �i`ty tecorder — City of Tigard RESOLUTION NO. 87OLI — lw/4487A EMBIT A :r t� STREET VACATION A portion of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of Penrose Terrace subdivision Beginning at a point which is S 0043'30" W, 24.24 feet from the Southeast corner of Lot 33, TIGARDVILLE HEIGHTS, a plat of record in the Northwest quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian , City of Tigard, Washington County, Oregon; thence from said beginning point continuing S 0043'30" W along the West line of PENROSE TERRACE, a plat of record, 15.76 feet; thence S 89052'02" W, 490.32 feet to the Easterly right- of-way of S.W. 97th Avenue; thence Northerly along said right-of-way 40.00 feet to the South line of said Lot 33, TIGARDVILLE HEIGHTS; thence N 89052' 02" E, along said South line 225.21 feet; thence along the arc of a 45.00 foot radius , non-tangent curve to the left 86.78 feet to an Iron Rod (the radius point bears Northeasterly and the chord bears S 69012'40"E, 73.95 feet) ; thence along the arc of a 16.00 foot radius curve to the right 9.29 feet -to an Iron Rod (the long chord bears N 72010'38"E, 9.16 feet) ; thence N 88048'50"E, 66.39 feet to an Iron Rod; thence along the arc of a 1183.91 foot radius curve to the right 48.96 feet (the long chord bears N 8905955"E, 48.96 feet) ; thence S 88049'00"E, 72.50 feet to the point of beginning. � t O N �l N � O 0 1 y 1000 ,92 � , J i _ ✓ t56 Tx G a. so � a Q- u �►1 i J I, 4 Z j i ` 3n��0ox 0to}0^W 9 `OIN O u O 1 tp N y5x oy4� w �• ,•. � --'�H� tt' _ '� l`� , moo. � C� Qc �',;, J OW tor000 Oo 0.5 Z E Q ,00.91 " 4 • 45 SO 4 s, 9 11-13 0 0.6 1k O v 4.09 C�� � Q „ 00 VI m V = �\•'C �?�J `4�D od- °° •o D Q a ' eO 00 cp $ Nv 00 100 i a 1 J S'• ''J - NOTICE OF S.W. INEZ STREET VACATION (FROM ITS EXISTING IMPROVED PORTION TO SW 97TH AVENUE) The Tigard City Council will hold a public hearing on Monday, February 23^ 1987, at 7:00 P.M. at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard' Oregon to consider the proposed vacation of m street right—of—way at S.W. Inez (from its existing improved portion to SW 97th Avenue) in the City of Tigard. The request was initiated by the City Council on January 12, 1987 at the request of Mr. Sam Cotter III. Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objections or remonstrance shall be filed with the City Recorder by February 23^ 1007' by 7;80 PM. TT Publish January 22 and 29; February 5, 12 and 19, 1087 , ^ AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington oa. City of Tigard } I, J k , being first duly sworn, on oath depose and say z (please print) That I am the � for the City of Tigard' OregA' � - '�� That I served notice of u�, ,j,� for the Tigard City Council ' /��U of which the attached is a copy (Marked Exhibit A) upon each of the named persons listed on the attached Exhibit B on the day of 198S? ' by mailing to each of them at the address shown Exhibit B said notice as hereto deposited in the United States Mail on the day of ' , 108 ' postage prepaid. Subscribed and sworn to before me on this ay of ' CITY OF TIVA RD January 23, 1987 OREGON 25 Years of Service 1961-1986 C--- Re: SW Inez Street — Street Vacation Hearing (from its existing improved portion to SW 97th Avenue Dear Property Owner: The Tigard City Council will hold a public hearing on Monday, February 23, 1987 at 7:00 P.M. at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of the above mentioned street right—of—way . (See enclosed location map. ) Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objection or remonstrance shall be filed with the City Recorder by February 23, 1987 by 7:00 P.M. at Tigard City Hall at the address listed below. The vacation requested was initiated on January 12, 1987 by the Tigard City Council at the request of Mr. Sam Gotter III to return the land to private ownership. The land would be used for future development of the property to be known as Butler Subdivision. The legal description of the parcel to be vacated is also attached for your information. If you need further information, please contact my office, Sincerely, Loreen R. Wilson City Recorder lw/4487A CC: Planning Department City Engineer 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 EXHIBIT A STREET VACATION A portion of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of Penrose Terrace subdivision Beginning at a point which is S 0°43'30" W, 24.24 feet. from the Southeast corner of Lot 33, TIGARDVILLE HEIGHTS, a plat of record in the Northwest quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon; thence from said beginning point continuing S 0°43'30" W along the West line of PENROSE TERRACE, a plat of record, 15.76 feet; thence S 89°52'02" W, 490.32 feet to the Easterly right- of-way of S.W. 97th Avenue; thence Northerly along said right-of-way 40.00 feet to the South line of said Lot 33, TIGARDVILLE HEIGHTS; thence N 89°52' 02" E, along said South line 225.21 feet; thence along the arc :of a 45.00 foot radius , non-tangent curve to the left 86.78 feet to an Iron Rod (the radius point bears Northeasterly and the chord bears S 69°12'40"E, 73.95 feet); thence along the arc of a 16.00 foot radius curve to the right 9.29 feet -to an Iron Rod (the long chord bears N 72°10'38"E, 9.16 feet) ; thence N 88048'50"E, 66.39 feet to an Iron Rod; thence along the arc of a 1183.91 foot radius curve to the right 48.96 feet (the long chord bears N 89°59'55"E, 48.96 feet) ; thence S 88°49'00"E, 72.50 feet to the point of beginning. w i U, N �9.,ia ..,' Na,•ac so'( s U C_K Vt t YJ'� •s .o I•: i i O � w _ 1 1� 0 k O N ((( - • _ W �o to O a w a - M v vvl T a04 a.4 0 ( 15c rr 00 1 •:N•t )7th. AVENUE 1 S.W. �r G 19- 01-44' a N4 r9$ c no.zl ntln)fz, - "i" .L ! Q1f44' M, ( iY tt69 7 124 /� N s ?' _4ka•a6'S)'E 152.1a{ ` OCL 4 yV lM A co ' .9. , _ �. I .. .,. 4.09 Ek. 01 •S 2'E _I SN •'ti•'SS•E I 11 124 Z I CO !0 100.62 v 9l.tr. a o•G) � V t P.N�a a - p Y� 4 s ,00 ,00.c: +a. a� ti!4 s f ''d � 1 • O n00• it w w 00• 71'w a •. i o x; W 10- �o S.V < 94th J.j CT �ca a 8z d Q o a 1 S 2 •00L 90 ., 00 2" w ,i0.r2 kc," _ � -0 20 #� NMII m I8— 8 w M W !).,r, i y[ W O N Donald & Marjorie Green Samuel A. Gotter III 9385 SW Inez St. 7710 SW Gentlewoods Dr. Tigard, OR 97224 Tigard, OR 97224 David & Mary Thorsell Arthur & Beverly Straub William & Irene Frederick 9280 SW View Terrace 9425 SW Inez St. 9755 SW Inez St. Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Wayne & Geraldine Sheppard James & Arlene Stanley Edward & Lorraine Moore c/o/ Mark & Patricia Christie 14415 SW 94th Ct. 14405 SW 97th Ave. 9285 SW Inez St. Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 William & Laura Cooper Donald & Julie Ferguson Fred & Sylvia Trueax 9280 SW Inez St. 14425 SW 94th Ct. 14310 SW McFarland Blvd. Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Robert & Karen Morris Doris Hartig 9300 SW Inez St. 14430 SW 94th Ct. Tigard, OR 97224 Tigard, OR 97224 Mark & Christine Phifer John & Patricia Sweitzer 9330 SW Inez St. 14420 SW 94th Ct. Tigard, OR 97224 Tigard, OR 97224 Ralph & Joan Fuller Sam & Ellen Mallicoat George & Jaquie Chandler 9360 SW Inez St. 14410 SW 94th Ct. 9780 SW Inez St. Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 William & Suzanne Weiller Homer & Hazel Watson James & Cora Corliss 9390 SW Inez St. 14415 SW 93rd Ave. 9750 SW Inez St. Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Clifford & Edith Hopkins Raymond & Eda Kalberer Herbert & Maxine Knebel 9430 SW Inez St. 14425 SW 93rd 14525 SW 97th Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Stan & Shirley Eggert Melvin F. Bean Emery & Joyce Stearns 14435 SW Inez St. 14380 SW 97th Ave. 9840 SW Inez St. Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Arthur & Gloria Draz Elizabeth Butler James & Mary Moon 9355 SW Inez St. c/o Genevieve Dimbat 9855 SW Pembrook St. Tigard, OR 97224 14440 SW 97th Ave. Tigard, OR 97224 Tigard, OR 97224 David & Jeannette Harbert 9805 SW Perqbrook St. Tigard, OR 97224 Gary & Carole Wooden 9775 SW Pembrook St. Tigard, OR 97224 Annette C. Saarinen 9755 SW Pembrook St. ••• Tigard, OR 97224 t� Q Q0a O _ D 0 on 0 George C. Balstron 9735 SW Pembrook St. :3 �W .� Tigard, OR 97224-c-' r 'V° N Q N Marion & Charolette Reneau 9705 SW Pembrook Tigard, OR 97224 CT-1 rJ" G' fl:- David & Kathryn Britton ; '- P.O. Box 230155 N Tigard, OR 97223En f 01—i � � n �., Tigard School District 13137 SW Pacific Hwy Tigard OR 97223 LQ CD (D C" n Fred & Sylvia Trueax C/o Dorothy, Rogert & Gaylene Kleinschmidt 14310 S.W. McFarland Tigard OR 97224 � MEMORANDUMJ CITY OF TIQARD, OREGON TO: Keith Liden & Randy Clarno January 13, 1087 FROM: Cathy Wheatley SUBJECT: Street Vacation Hearing Reports Attached is a copy of each letter which will be sent to surrounding property owners notifying them of the February 23, 1987, Council hearing for, the following vacation requests: SW 66th Avenue — Between Atlanta Street through its intersection with SW Baylor 8W Inez Street — Between SW Inez improved right—of—way and SW 97th Avenue Also, if you wish to check the Street Vacation Ordinance requirements which set out the information needed from your offices to be presented at the Council' s public hearing, please refer to TMC 15.08. If you have any questions, please call. Please note this would be due the middle of February for the packet of the 23r6. uw/4466A January 23^ 1987 Re: SW Inez Street — Street Vacation Hearing (from its existing improved portion to SW 97th Avenue Dear Property Owner: The Tigard City Council, will hold a public hearing on Monday, February 23, 1.987 at 7:00 P.M. at the Tigard Civic Center 'Town Hall Room, 19125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of the above mentioned street right—of way . (See enclosed location map. ) Any interested person may appear and he heard for or against the proposed vacation of said lands . Any written objection or remonstrance shall be filed with the City Recorder by February 23, 1087 by 7:08 P.M. at Tigard City Hall at the address listed below. The vacation requested was initiated on January 12, 1987 by the Tigard City CounoiI at the request of Mr. Sam Gotter III to return the land to private ownership. The land would be used for future development of the property to be known an Butler Subdivision. The legal description of the parcel to be vacated in also attached for your information. If you need further information, please contact my office. Sincerely, , Loreen R. Wilson City Recorder lw/4487A CC: Planning Department City Engineer - - , . \ EXHIBIT Jk v STREET VACATION A portion of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of Penrose Terrace subdivision Beginning at a point which is S U 043^30" W, 24'24 feetfrom the Southeast corner of Lot 33, TlGARDVILLE HEIGHTS, a plat of record in the Northwest quarter of Section ll, Township 2 South, Range l West, Willamette Meridian, City of Tigard, Washington County, Oregon; thence from said beginning point ' continuing S O�43'3O" W along the West line of P[NRO3E TERRACE, a plat of record, 15'70 feet; thence S 89 052/02" W, 490.32 feet to the Easterly right- of-way Of S.W. 97th Avenue; thence Northerly along said right-of-way 40.00 feet to the South line Of Said Lot 33` TIGARDVILLE HEIGHTS; thence N 89 o52' 02" E, along said South` line 225'21 feet; thence along the arcof a 45,00 /t radius , non-tangent curve to the left 80'78 feet to an Iron Rod (the radius point bears Northeasterly and the chord bears 3 69 012'40"E, 73.95 feet) ; thence along the arc of 8 16.00 foot radius curve to the right 9.29 feet -to an Iron Rod /the long chord bears N 72 OlU/38"E, 9.16 feet) ; thence N 88 o 48'50"E, 66.39 feet to an lr0O Rod; thence along the arc of ' a 1783,97 foot radius curve to the right 48-90 feet (the long chord bears N 89 O 59'55"E, 48.98 feet) ; thence 3 88049'00"E, 72.50 feet to the point of beginning, � • � •siva li.f1 .. .• + �4 � �M Y� v NOI ww ..v +'I"' _� Q 36 Z, 4 �a N � � O O y all IV iV Im a ►u «, 'C) 0, ,o o m ' cW i�7. �'�,• I V y µ y ,? N 60 111.3' 6196 v O D ! N •� V n�O• �- � N � ' d 10 - n n O V e N c1 01 O I t.• o`J aJ 0 t 19 40 1 ;.•.� ! 156 ti '7th. JAVENUE n3.z 1 7nan�.2, T C a NO .9@ ° S.W. T 3 01.46 W 4Y iti9 124 uo ;13.6) 01.30•w N ar ••: ��(NO.46'33"E 132.16) Ll CL !' �p � fl •Q � w � r �.. !� o M N G n r i 4.090. 0.32E 1 (N •'ll S'33:E I 1) 124 ! / I 100 30 ! �OO.ir flit t OD rj w e + 100 O ,, 1 00• t�' wT oo• r. w t � "_ CT r .00.40 i ca d d N « ! at N 00 :,.o fo.39 °gY i. y� + o0 I 60 ,• it r. ^o•ti - ,�p` rte. i; o ..1r •= W `? cn �� R m ly CA• W. ON il-7 1 3 MEMORANDUM -- CITY OF TIQARD, OREGON TO: Randy Clarno January 18, 1987 FROM: Cathy Wheatley SUBJECT: Street Vacation Postings Please have your staff pont the following street vacation notices between the 22nd and 27th of January. SW 66th Avenue — Between Atlanta Street through its intersection with SW Baylor SW Inez Street — Between SW Inez improved right—of—way and SW 97th Avenue Each vacation should be posted at or near each end of the proposed vacation and in a least two conspicuous places in the vacation area to comply with the ORS requirements. When the posting in done, a certificate of posting must be completed and signed by the person pouting and notarized. The original certificate should be returned to me for the file. Thanks for your help. nw/4465A � _ , CITY OF TIQARD' OREGON RESOLUTION NO. 8 A RESOLUTION CONCERNING VACATION OF A PORTION OF SW INEZ STREET (FROM THE EXISTING IMPROVED PORTION OF INEZ TO SW 97TH AVENUE), A DEDICATED PUBLIC RIGHT-OF- WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (Sam Gotter WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of street right-of-way; and WHEREAS, this portion of land was previously dedicated for street right-of-way purposes, it has been determined to not be needed by the City for this purpose in its current alignment; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings and that the property owner, Mr. Sam Gotter III, pay all fees and charges as set out in TMC Chapter 15.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, February 23, 1987' at 7:00 P.M. at the Tigard Civic Center Town Hall Room, 13125 8W Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands. (3) That the City Recorder be, and she is hereby' authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be January 22, 1987 and once each week thereafter for five pu6liuhingm in all. The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area proposed to be vacated. (4) That the particular portion of dedicated public right-of-way proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part hereof. � PASSED: This day of ^ 1987. ` ATTE Mayor - City of Tigard Cl Clity Recorder City of Tigard RESOLUTION NO. 87-04-'_ lw/4487A NOTICE OF S.W. INEZ STREET VACATION (FROM ITS EXISTING IMPROVED PORTION TO SW 97TH AVENUE) The Tigard City Council will hold a public hearing on Monday, February 23^ 1987, at 7:00 P.M. at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of a street right—of—way at S.W. Inez (from its existing improved portion to SW 97th Avenue) in the City of Tigard. The request was initiated by the City Council on January 12' 1087 at the request of Mr. Sam Qotter III. Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objections or remonstrance shall be filed with the City Recorder by February 28' 1987' by 7:00 PM. TT Publish January 22 and 29; February 5^ 12 and 19' 1987 0 _ ' - - EMBITA STREET VACATION A portion Of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of Penrose Terrace subdivision Beginning at a point which is 5 O 043'30" W, 24'24 feet from the Southeast corner of Lot 33, TIGARDVILLE HEIGHTS, a plot of record in the Northwest quarter of Section Il, Township 2 South, Range l West, Willamette Meridian, City Of Tigard, Washington County, Oregon; thence from said beginning point ' nD continuing 3 u 43^30" W along the West line of PENROSE TERRACE, a plat of record, 15'76 feet; thence S 88 052'02" W° 490.32 feet to the Easterly right- of-way Of S.W. 97th Avenue; thence Northerly along said right-of-way 40.00 feet to the South line of said Lot 33, TlGAkDVILLE HEIGHTS; thence N 89 o52' 02" E, along said South line 225'21 feet; thence along the arc of a 45.00 foot radius , non-tangent curve to the left 86'78 feet to an Iron Rod (the V radius point bears Northeasterly and the chord bears S 69 12'40"E, 73'95 feet) ; thence along the arc of a 16'00 foot radius curve to the right 9'29 f8et �to an Iron Rod /the long chord bears N 72 nlO' 38"E, 9,16 feet) ; thence N 88 n 48'50"E, 66,39 feet to an Iron Rod; thence along the arc of a 1183,91 foot radius CUrV2 to the right 48,96 feet (the long chord bears N 89 0 59'55"E, 48'96 feet) ; thence 3 88 O 49'00"[, 72'50 feet to the point of beginning. » ~ . 'CYI x IQ . m 4 N h Wf 0 p� a � Y �� fi� R Q •� x V N N of L{ I. R G .. ; _ bof Zt'011 4, ,11 00 ti 09 Ll _ 001 \ = C rl—Al D 3 O Q Spi ; 10 (irr 0"'04' , R •L �J111`S a co N '� U� � ° 4ltF6 I O Rv 10 z �9 lr�ecc` * 9.001 k 'z ool N O O N I. r.0 M �0,- 4. h N� N $ to N [ f ! GD 1. V/ S S^YDl '� 46'66 + Z4'00. 0t 001 I "i f21 l l 1 3e4S,9COW) I I 00 � — — -- - -1 0" i 0 L N ' ':� •�'• o v a 11`1 co b iW t V • � 0, /1 O V • "I• m • O "S3VIC 14 N A `60 I Mf W I AMG10fz 1 �i. T79 A' �] /� M 10".10 S L s -T 1 IZ-CWRVC tzeCu ° 3�N3AV 961 ON a y if jI Z t 9 G 1 Ir:. 1 07 ~ rrr ea I � � 61 6 � 0 _ ; Z + RC>� (^ I v ! = N d O W Q � Cil Q N�h Q C O O c'r,i "' 96 69 1 3 W o4't ti 0• ON� N r ,r CIDV1 O h (D x W O I wd r1 )•_ HiiQ -I /+ a OIC cv ^ cnI ,., aza G OOl "q !I Ot �S I..OS 9►eIO r .. Yi►49 v) P ` C. The City Administrator recommended Council approve a resolution to authorize the issuance of General Obligation Refunding Bonds, Series 1987 and further call for a Special Council meeting to be held January 27, 1987 at 12:00 Noon to award the bid on the bond male. 6. RESOLUTION NO. 87-01 RESOLUTION OF THE CITY OF TZGARD, WASHINGTON COUNTY, OREGON AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 1987. e. Motion by Councilor Johnson, seconded by Councilor Eadon to approve the resolution and schedule a special Council meeting for 1/27/87 at 12:00 Noon. Approved by unanimous vote of Council present. _ 13. CONSENT 8GEkM: 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 aotion. Motion to: 13 . 1 Approve Council Minutes - November 11' 24' December 6, 15, 20 1986 13 .2 Receive and File: a. Departmental Monthly Reports 13 .3 Approve Dover Landing Findings (PD 2-86) - Resolution No. 87-03 13 .4 Call For Public Land Vacation Hearing - Inez Street - Rus#87-04 13.5 Call For Public Land Vacation Hearing - 66 & Atlanta - Rem 13 .6 Approve Training Requests a. City Engineer - $773 (Traffic Congestion Conference) b. John Feiginn, Engineering - $150 (Surveying Automation Conference) 13.7 Approve Joint Resolution For Tualatin-Sherwood/Edy Road project - Resolution No. 87-00 13.8 Approve Reenacting Recently Repealed County Fuel Tax For March, 31, 1987 Election - Resolution No. 07-07 13 .0 Approve Systems Development . Charge Credit - John Dorr & Hank Dwblie ($2,640.00) a. Motion by Councilor Edwards, seconded by Councilor Eadon to approve Consent Agenda. b. Councilor Johnson questioned staff regarding item 13 .0b, 13 .7, and 13 .9. Motion to approve Consent Agenda was approved by unanimous vote of Council present. 14. 08N-AGENDA ITEMS: From Council and Staff a. No Non-Agenda items were presented for discussion. COUNCIL. MEETING RECESSED: 9:22 PM Page 7 - COUNCIL MINUTES - JANUARY 12, 1087 | / ) L./ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 12, 1987 DATE SUBMITTED; January 3, 1987 TITLE PREVIOUS ACTION: Vacation Request - Inez Street near 97th Avenue PREPARED BY: Loreen Wilson DEPT HEAD 0KCITY ADMIN 0KREQUESTED BY: Sam Gotter III POLICY ISSUE Council initiated Street Vacation request - consistent with Council policy as adopted by Resolution No. 85-30 INFORMATION SUMMARY Mr. Sam Gotter III in requesting vacation of a portion of 8W Inez Street (from the improved portion of SW Inez to SW 97th Avenue) . This request will allow the area to be used for development of Butler Terrace Subdivision. Council initiation of the vacation request is recommended since the vacation was a condition of approval for the preliminary plat of Butler Terrace. Mr. Sam Qottur would be responsible for all fees associated with the cost of the vacation proceuo . If the attached resolution in approved, the public hearing would be scheduled for 2/23/87. The City Recorder will mail notice to each property owner who would normally be required to sign a vacation petition. ALTERNATIVES CONSIDERED 1 . Approve attached resolution calling for public hearing on 2/23/87. 2. Take no action at this time and require property owner to circulate petition. FISCAL IMPACT 1 . Fees paid by applicant. 2. Fees paid by applicant. RECOMMENDATION Staff recommends alternative #1 . lw/4487A ' � ^ CITY OF TIGARD, OREGON RESOLUTION NO. 8 A RESOLUTION CONCERNING VACATION OF A PORTION OF SW I0EZ STREET (FROM THE EXISTING IMPROVED PORTION OF I0EZ TO SW 97TH AVENUE), A DEDICATED PUBLIC RIGHT—OF— WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (Sam Gotter _ WHEREAS, a vacation request has been received andfiled with the City Recorder for vacation of street right—of—way; and WHEREAS' this portion of land was previously dedicated for street right—of—way purposes, it has been determined to not be needed by the City for this purpose in its current alignment; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings and that the property owner, Mr. Sam Gntter III, pay all fees and charges as set out in TMC Chapter 15.08. (2) That m public hearing in hereby called to be held by the City Council on Monday, February 23, 1987, at 7:08 P.M. at the Tigard Civic Center Town Hall Room, 13126 SW Hall Boulevard' within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands . (3) That the City Recorder be, and she is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be January 22, 1987 and once each week thereafter for five publinhingn in all . The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area proposed to be vacated . (4) That the particular portion of dedicated public right-of-way proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part hereof. � PASSED: This day of ' 1987. Mayor — City of Tigard 'Clity Recorder City of Tigard RESOLUTION NO. 87— (7�9'_ lw/4487A BIT A STREET VACATION A portion of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of Penrose Terrace subdivision Beginning at a point which is S O~43/ 3O" W^ 24.24 feet from the Southeast corner of Lot 33, TIGARDVlLLE HEIGHTS, a plat of record in the Northwest quarter of Section 11, Township 2 South, Range I West, Willamette Meridian , City of Tigard, Washington County, Oregon; thence from said beginning point 'continuing S 0 043/30" W along the West line of PENRO5E TERRACE, a plat of record, 16.76 feet; thence 3 89 052'02" W, 490.32 feet to the Easterly right- Of-way of S.W. 97th Avenue; thence Northerly along said right-of-way 40'00 feet to the South line of said Lot 33, TlGARDVILLE HEIGHTS; thence N 89 o52' 02" E" along said South line 225.21 feet; thence along the arc Of a 45.00 foot radius, non-tangent curve to the left 86.78 feet to an Iron Rod (the 0 radius point bears Northeasterly and the chord bears 5 69 12'40"E, 73'95 feet); thence along the arc Of a 16.00 foot radius curve to the right 9.29 fe8t ,tO an Iron Rod (the long chord bears N 72 010' 38"E, 9,16 feet) ; thence N 88 048'50"E, 66.39 feet to an Iron Rod; thence along the arc of � a 1183.91 foot radius CVrV8 to the right 48.96 feet (the long chord bears N 89 O o 59'5�"E, 48,96 feet) ; thence 3 88 49/00"E, 72.50 feet to the point Of beginning. jr7 J n ! t+ 0 I l71 I 3I i4° �J i� a I I _ F i0 'N y 9.2 v l z III�11 � N alo C 4 v N w -t0 ii 1.It Pig 96 O O A w ti C O, J 4 Lq 1s N ■ N L N ` 04 u' � 4 64 i O Q } 14 CO i •. ` I IS6 7Z f )7th. C q NO 9B JT AVENUE ' l x0.21 lnnn)eti W S•+\ T CG 10. � ° 4 01e 4i w 1 .li 6169 124 iV'9 :15.61 01•!O'v a 0 a o On id-4 1 -4� {KOe46.53"E il21AI Q, 1 y �Q- i= a av v l O � A � ♦ �„ � � Iu � � N U M Q Q i I 1 3E*I 4 -° N _ J1.1 - - -4.09 tR.-- - -. — - - ' 0e 124 l2'E ,00 �ao.s2 � �!0 ' ' 99.97 N J CO 100 b !J A w i00.6i Q I ^ Y OOP 2. w Y r^ w 00, 21'w CD a o , "I N IQ m s x (o V S.V�I+[< 94th �I W I � 4 1.r I ,00.40 v -! + Cs} -. co o p 7 l �kD m CS H� NA O O Z 90.}4 11` 60 .. zo W Z 1g m W. NOTICE OF S.W. INEZ STREET VACATION (FROM ITS EXISTING IMPROVED PORTION TO SW 97TH AVENUE) The Tigard City Council will hold a public hearing on Monday, February 23' 1087^ at 7:00 P.M. at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard' Oregon to consider the proposed vacation of a street right—of—way at S.W. Inez (from its existing improved portion to SW 07th Avenue) in the City of Tigard. The request was initiated by the City Council on January 12^ 1987 at the request of Mr. Sam Cotter III. Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objections or remonstrance shall be filed with the City Recorder by February 28, 1987, by 7:00 PM. TT Publish January 22 and 20; February S^ 12 and 19, 1987 (C17YOFTIIFARD OREGON 25 Years of Service December 18, 1986 1961-1986 Mr. Samuel A. Gotter III P. 0. Box 23023 Tigard, Oregon 97223 Subject: Street Vacation - A portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Subdivision Dear Mr. Gotter: For your information, please find below a tentative timeline for the above-referenced street vacation: 1/12/87 City Council call for Public Land Vacation (Resolution) 1/22 - Five publishings in the Tigard Times advertising public 2/19 hearing (to be completed by staff). 2/23/87 Public Hearing/City Council (Ordinance) 3/26/87 31 days after the adoption of the Ordinance, the vacation may then be forwarded to Washington County for recording if all conditions (if any) as set forth in the Ordinance have been met. If you have any questions, please do not hesitate to contact this office. Sincerely, Loreen R. Wilson City Recorder ow 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Clarno December 17, 1986 FROM: Cathy Wheatley SUJBECT: Vacations to be Processed: 66th & Atlanta (Cach); 67th & Atlanta (Mercer); Inez Street (Gotter) Randy, we are going to try to schedule the above-referencedvacations for processing at the same time. Below is a timeline for getting these through the system: 1/12/87 Take to City Council to initiate vacation by resolution. Inez Street and 66th & Atlanta have had utility letters sent out; 67th & Atlanta's still needs to have this done (please indicate which utilities should be notified on the attached form). 1/16/87 Ads to be taken to the newspaper. Dates of publishing are: 1/22, 1/29, 2/5, 2/12, 2/19 1/23/87 Posting of notice is to occur no later than five days after the appearance of the first publication; therefore posting should be done no later than 1/27/87. Letters to surrounding property owners must be sent during this time period also. 2/23/87 Public Hearing/City Council - Ordinance 3/26/87 31 days after adoption of ordinance, it should be forwarded to Washington County for recording. If you see any problems with this timeline, please let me know. **Note: Deposit and Intent to File Petition has not been received for 67th & Atlanta (Mercer). Thanks ew Attachment MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Clarno January 20, 1987 FROM: Cathy Wheatley SUBJECT: Street Vacation - Portion of S.W. Inez Street Randy, attached are the responses which have been received from the various utility and service providers concerning the above-referenced street vacation. The Public Hearing is scheduled for February 23, 1987; packets will be going out around the 13th. cw Attachments Letters sent to the following utilities/agencies: Re: Street Vacation - A Portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Subdivision. PGE COMPANY ATTN: JACK THOMPSON 14655 SW OLD SCHOLLS FERRY RD BEAVERTON OR 97005 NORTHWEST NATURAL GAS CO ATTN: JACK MILLS 210 NW SECOND AVE PORTLAND OR 97209 GENERAL TELEPHONE CO ATTN: BOB OLSON P 0 BOX 23416 TIGARD OR 97223 TIGARD WATER DISTRICT ATTN: BOB SANTEE 8841 SW COMMERCIAL ST TIGARD OR 97223 TUALATIN RURAL FIRE DISTRICT ATTN: GENE BIRCHILL P O BOX 127 TUALAIN OR 97062 WILLAMETTE CABLE ATTN: FRANK STONE 14200 SW BRIGADOON COURT BEAVERTON OR 97005 CITY OF TIGARD �' POLICE DEPARTMENT CITY OF TIGARD PLANNING DEPT. CITY OF TIGARD ENGINEERING DEPT. CITYOF TIIFARD December 3, 1986 OREGON 25 Years of Service 9969-9486 Re: Street Vacation - A Portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Subdivision. y Gentlemen: The City of Tigard is considering vacation of the area shown on the attached map. Please respond, in writing, with regard to any concerns you foresee should this proposed vacation be approved. Also, cite any conditions of approval you would recommend to protect your interest. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Portion of S.W. Inez St. -- - Due to time constraints, please return this letter and any questions you have regarding this matter by January 5, 1987 to Ms. Loreen Wilson, City Recorder, City of Tigard, P. O. Box 23397, Tigard, OR 97223, 639-4171 . Sincerely, Loreen Wilson City Recorder cw Enclosure 13125 SW Hail Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 i eea '.9 e� . 14 t)sells M4r•a4r0 L yr __- O i O a 9 I ro N — yn : } cn •> 0 6 N I 0 4 0 O O 1 t' p0 P _ O r z Co T r 10, Q 2 N N .� P p • I O V 4 J V V O 'O IQ I V O i , ,.- • 6 � N (, so 117 a � t 69 96 y p V OUi a _ Ia N 1 p .0 n s - 17) O `^ p. N v CLA I n IO - u. `•I + O / VI 6 a , O + + I bac: rJJJ Q 9 7th. �� _ T � c ����~/ � C R NO 98� AVENUE o �o°zl 3nan7oz S.YY. L T C R 10. IS oi•s," w i♦ 6L69 F _j 6" ;tS.61 01 504 z _ v p a W 0a � n � I � -ft ° N I N o _(MO°,6'33'E 152 18)sop — O i to O ' u 7,L 00 O m I�; M.N0N NG O 1 N UI LM �.I t o0 ... _4.49 Ch, y • (NIO e'SS'E I I 1 124 2 E I \ oo )o oo.ea [ I� N O -I v o � 4 A w 00 00° z.' w H w00° 21, w si �b m i CID� ••3 1 i Q E2 0l w o m d= o S. ' 94th '00.40 • ")p CD _ ♦++�) 17 �yUj N v� tD CID O oa w e/ O 0 ,' �. ° oo 90.79 ___00.)) -/■ 11 ' so w 00 W • • all 10 z ,G. IF) IN ac v , eMl�e� —ems » r T � CO Cr • 1 e I.. � `IC�� �IG G �� t:� "I• L CITYOFTIOAM OREGON December 3, 1986 25 Years of Service CITY 1961-1986 City of Tigard Engineering Department Attn: Randy Clarno P. 0. Box 23397 Tigard, OR 97223 Re: Street Vacation - A Portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Subdivision. Dear Randy: The City of Tigard is considering vacation of the area shown on the attached map. Please respond, in writing, with regard to any concerns you foresee should this proposed vacation be approved. Also, cite any conditions of approval you would recommend to protect your interest. AREA TO BE VACATED PROBLEM5S TO BE ADDRESSED Fe4�, e-7"" o Portion of S.W. Inez St . ffVz Due to time constraints, please return this letter and any questions you have regarding this matter by January—5 , 1987 to Ms. Loreen Wilson, City Recorder, City of Tigard, P. 0. Box 23397 , Tigard, OR 97223 , 639-4171 . Sincerely, (Loroi--o Wilson City Recorder cW Enclosure 13125 SW Hall Blvd.,RO,Box 23397,Tigard,Oregon 97223 (503)639-4171 �o ,evK y EXCC- r T- e���� t-C.srrve. s'kr�� 'tor F►�.thw�u, �fovK CK.� c�.e. •S�c �c ` -7 41 o,r �ir►e. �.�, heed hive. � St�►�F:�rer CLX-UwAe.+4.to}�- W S _ - � tf �° � A O Z11_kA L `" I A t'> ru . dol — q �p 'r'� t •:'b n - z cr b o p �_ w �l 1 P.O. BOX 127•TUALATIN,OREGON 97062•PHONE 682-2601 December 19 , 1986 Ms . Loreen Wilson City Recorder City of Tigard P .O. Box 23397 Tigard , Oregon 97223 Dear Loreen : The Fire District has no problems with the vacation of the portion of S.W . Inez Street as shown on the attached plot plan to your December 3 , 1986 letter provided. I . Driving surface cul -de-sac turning radii is not less than 40-feet. 2. The street width is not less than 20-feet of clear width . If parking is permitted on the street, the additional width would be asked for to maintain the 20-feet of clear width If I can be of further assistance , please do not hesitate to con- tact me. Sincerely , Cline Birchill 3 Building Official GB: kw Attach : CITYOFT117ARD OREGON December 3, 1986 25 Years of SeMce 1961-1980 Willamette Cable Attn: Frank Stone 14200 SW Brigadoon Court Beaverton , OR 97005 Re : Street Vacation - A Portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Subdivision. Gentlemen: The City of Tigard is considering vacation of the area shown on the attached map. Please respond, in writing , with regard to any concerns you foresee should this proposed vacation be approved. Also, cite any conditions of approval you would recommend to protect your interest. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED 0 Portion of S .W. Inez St . Due to time constraints , please return this letter and any questions you have regarding this matter by January 5 , 1987 to Ms. Loreen Wilson , City Recorder , City of Tigard , P. O. Box 23397 , Tigard, OR 97223, 639-4171 . Sincerely, VD Loreen Wilson City Recorder c W Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 ` ` General Telephone Company of the Northwest, Inc. /2460 8 \VKlam P O Box 23418 T/gn,cl 0/egonD7223 December 5, 1986 City of Tigard P.O, Box 23397 Tigard, Oregon 97223 RE: Street Vacation - A Portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line Of Penrose 3UhdiYisi0O, ATTN: L0r88D Wilson General Telephone Company has no CODCSrns in this proposed vacation OS per the above named street. Sincerely, Robert Olsen Service 5WpV8rViSOr - Engineering A: [:oa' Uup,'smuvFmp/nym _ K � CITY OF TIIFARD OREGON December 3, 1986 25 Years of Service 1961-1986 Tigard Water District Attn: Bob Santee 8841 S.W. Commercial Street Tigard, OR 97223 Re: Street Vacation - A Portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Subdivision. Dear Bob: The City of Tigard is considering vacation of the area shown on the attached map. Please respond, in writing , with regard to any concerns you foresee should this proposed vacation be approved. Also, cite any conditions of approval you would recommend to protect your interest. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Portion of S.W. Inez St . Due to time constraints, please return this letter and any questions you have regarding this matter by January 5, 1987 to Ms . Loreen Wilson, City Recorder, City of Tigard, P. O. Box 23397 , Tigard, OR 97223, 639-4171 . Sincerely, L� D1rC I yeC A&,,. 16rcL-n Loreen Wilson 7ND 1145 Al0 Gdd/CEjCMs vwLESl City Recorder UPo'u Ty,e c w Enclosure j3tvrcEe l"Ei?,tacE , 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 �` 14 .,. f` x01°46 3C) 51. •ala ,a= � — rill!/✓/ a 4 it vyrl t (.A 1 a) 20 A o ■ la O c o - - a J1-- _... •e p Z d —i Ip p V ~ p 9.2 N i D!O W r rn O w I Y a '^ ■ O� � � �C i4 I _ ■ u V J T N �N L ■■ «+ w v , O _ 69 96 j _ ) DC7. I— - iAJ a � � � I V 0 o 0i m Io D ^� 64 A oa b�4 JJ 0 9 IF 80 1 A.. 156 TZ -� 7th. Noe� �=JAVENUE S,W. S 01°44` w N If 61:62 17TZ 'tr 619 15.6) 01°SO'w o h w an Q •ti. CL u iJ a 00 o ' �a 1 / r1 ° CD 41 ..Q - •2', 1 k/ M (r� 7E to a ■■■■ uA {r tuyi , Oti \J�l u ■ Y y mop / 0 YJ V )A- 0 � LIN v i 00 _ 4.09 CA. lx d' + IZw4 100 0 -00.82 49,47 5 2E v +O{u! 1n N O 0 I v .jS ■ .r i00 h d OBJ a o i m� �0 COv L" 1S. S thc" oN . 44. w o 3 C`GO ?'�J p 00.40 it 3 J Ca q v y ; 90.39 00 --=00.3S k- 60 100.20 • a[ ;- m 4 ter- ti f N °O Jy« O K 3 �� CITYOFTIGARD W December 3, 1986 OREGON 25 Years of Service 1961-1986 C---, P.G.E. Company Attn: Jack Thompson 14655 SW Old Scholls Ferry Rd. Beaverton, OR 97005 Re: Street Vacation - A Portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Subdivision. Gentlemen: The City of Tigard is considering vacation of the area shown on the attached map. Please respond, in writing , with regard to any concerns you foresee should this proposed vacation be approved. Also, cite any conditions of approval you would recommend to protect your interest . AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Portion of S.W. Inez St. Due to time constraints, please return this letter and any questions you have regarding this matter by January 5, 1987 to Ms. Loreen Wilson, City Recorder, City of Tigard, P. O. Box 23397, Tigard, OR 97223, 639-4171 . Sincerely, Loreen Wilson City Recorder cw Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY OFTIIFARD OREGON 25 Years of Service December 3, 1986 1961-1986 Mr. Thomas L. Amberg, P.E. Technical Engineering Corporation 8835 S.W. Canyon Lane Portland, OR 97225 Re: Street Vacation A Portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Subdivision Dear Mr. Amberg: Enclosed you will find an "Overview of Vacation Process," and a "Notice of Intent to file Vacation Petition." Staff will be recommending that this vacation be processed as a "Council-initiated" vacation; therefore, signatures of abutting and nearby property owners will not be required. Be advised that we have sent letters to the utility companies marked on the "Notice of Intent to File Vacation Petition. Before dates can be set for a Council review, Planning a Commission recommendation, and Public Hearing, the "Notice of Intent to File must be returned to this office along with a check in the amount of $300 (deposit). If you have any questions, please do not hesitate to contact this office or Mr. Randy Clarno in the Engineering Department. Sincerely, 'eLoreen R. Wilson City Recorder cw Enclosures cc: Randy Clarno - Engineering Dept. 1 13125 SW Hall Blvd,P.Q.Box 23397,Tigard,Oregon 97223 (503)639-4171 -zz 7Z' TECHNICAL ENGINEERING CORPORATION 8835 S.W. CANYON LANE SUITE 405 PORTLAND, OREGON 97225 15031 297- 3721 November 10, 1986 City Recorder City of Tigard P.O. Box 23397 Tigard, Oregon 97223 On behalf of Samual A. Gotter, III , the developer of BUTLER TERRACE subdivision, we are requesting the vacation of a portion of S.W. Inez Street from S.W. 97th Avenue to the westerly line of Penrose Terrace subdivision. We have enclosed a legal description and a drawing showing the location of the proposed vacation. As can be seen, the existing right-of-ways do not line up and is only 40 feet wide. The right- of-way in BUTLER TERRACE will coincide with that in Penrose Terrace. Thank you for your consideration of this matter. Very truly yours, 7=GINEERING CORP. �—Z"-::� Thomas L. Amberg, P.E. cc: Samual A. Gotter, III ENGINEERING PLANNING SURVEYING NOTICE OF INTENT TO FILE VACATION PETITION PETITIONER OR ,q 410 C t_ C 07Ted REPRESENTATIVE ADDRESS: . LC t3 G9� Q _5 3 ! / C /4t�l car PHONE: 6 6 (w) (h) LEGAL DESCRIPTION —S .W. Inez Street from S .W. 97th Ave . East 500 fee M/L Yes DESCRIPTION OF AREA ON ATTACHED ASSESSOR-S MAP { ] MAP NO.2S 1 11AC DEPOSIT AMOUNT: $ 300 . 00 (Payment and refund shall be as provided in Deposit Agreement) STAFF USE ONLY: Notice Given To: P.G.E. Company [�] Northwest Natural Gas Co. General Telephone Co. [ ] Pacific Northwest Bell Co. ,(] Tigard Water District [ ] Metzger Water District [ ] Fire District No. 1 Tualatin Rural Fire District ,,), IIG.,,,C Steger Cable { ] State Traffic Light Engineer [ ] Unified Sewerage Agency ] Tigard Police Department ` Department of Planning 6 Development — 5 — NOTICE OF INTENT TO FILE VACATION PETITION FEE AGREEMENT The undersigned is(are) interested in the vacation of S .W. Inez Street from S .W. 97th Avenue east 500 feet (more or less) and have filed a Notice of'Intent to File a Vacation Petition with the City of Tigard and have tendered a fee deposit of $ 300 . 00 The undersigned agree that all costs incurred by the City in the processing the Notice of Intent to File a Vacation Petition shall be borne by the undersigned in the proportion shown and that any refund shall be divided in the same proportion. Further, it is understood that the city will not proceed with the petition until all costs are paid. Names Addresses Proportion of Payment 6