1826 ~ Lucas Avenue 1 r , +'
S
INA
CITY OF TIGARD, OREGON
ORDINANCE No. 75- f l
AN ORD&ACE VACATING A DEDICATED UNDEVELOPED 40 FOOT WIDE PUBLIC RIGHT-OF-WAY BEING
COUNTY ROAD No. 893, COMMONLY KNOWN AS S.W. LUCAS AVENUE IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
THE CITY OF'TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that Resolution No. 75-12 was adopted by the Council on
February 10, 1975 relating to the vacation of the hereinafter described
dedicated undeveloped public right-of-way and that a public hearing was thereby called
! to be held on March 24, 1975, and that notice of said hearing was given, as required
5 by Chapter 271.110 O.R.S., as set forth in said resolution.
Section 2: The Council further finds that a public hearing as thereby called to be
held, was duly and regularly held at the regular Council meeting on
March 24, 1975, at which time and place the Council afforded all interested persons an
opportunity to be heard for or against the proposed vacation of said lands, and the
Council further considered all objections thereto.
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' Section 3: The Council further finds that a majority of the owners of the area
{ affected by said proposed vacation, computed on the basis provided in
Chapter 271.080 O.R.S., did not object thereto in writing and that owners affected
thereby did, in fact, favor the vacation of said area; and the Council finds that
said vacation will not substantially affect the market value of any abutting property.
Section 4: The Council further finds that the public interest will not be prejudiced
tby the vacation of the hereinafter described lands and that the said lands
are not useful as part of the public street or road system of the City of Tigard and
that it is in the public interest that said vacation be approved.
Section 5: The Council further finds that the City recording officer has filed in her
i office a certificate showing that all city liens and taxes, if any, have
been paid on the lands proposed to be vacated.
1
Section 6: The following described portion of dedicated unopened street be and the
same is hereby vacated and discontinued as a public way: j
As described in Exhibit "A", attached hereto and by reference
made a part hereof.
Section 7: That the City Recorder be, and she is hereby authorized and directed to i
have a certified copy of this ordinance filed for record with the following
Washington County departments:
1. Department of Records & Elections
2. Department of Revenue & Taxation - Attn: Assessor
3. Department of Public Works - Attn: County Surveyor
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all as required by Chapter 271.150 O.R.S.
Section 8: This ordinance shall be effective on and after the 31st day after its
enactment by the City Council, and approval by the Mayor.
PASSED: by (lvote of all Council members present, after being read three � .
times by number and title only, this 2zl day of /fv 101Y 4 1975.
- 7
City Recorder
APPROVED: By the Mayor, this mss/ day of 141dr , 1975.
/'✓-L"� 1/'7.✓ G�. 1.-L'!J a......=�
Mayor
1
ORDINANCE No. 1016693
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EXHIBIT "A"
An undeveloped dedicated roadway being County Road No. 893, commonly known
as S.W. Lucas Avenue, situated within Lot 21 and Lot 22 of North Tigardville
Addition, Amended Plat, a subdivision of record in Washington County, Oregon;
said roadway being 40 feet in width and lying 20 feet, when measured at right
angles, left and right of the following described centerlines
Beginning at the centerline terminus point of that portion of vacated County
Road No. 893, said terminus point being on the North bank of Fanno Creek,
as described in (and filed under) County Road No. 1586 order dated November
6th, 1946, in Washington County, Oregon, Vacation Proceding Records; running thence
North 23°40' East, along the herein described centerline of existing County Road
No. 893, a distance of 667.2 feet, more or less, to the terminal point of this
centerline description; said terminal point of this description bears South 23e
40' West a distance of 10.0 feet from a one inch diameter iron pipe on the South
right-of-way boundary line of 40 foot wide County Road No. 767 (S.W. Tigard Street);
said iron pipe bears North 64049' West a distance of 232 feet from the line
between Lot 21 and 60 of said Amended Plat and is the terminus point of County
Road No. 893.
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f I, DORIS HARTIG, Hereby certify that I am the duly appointed,
qualified, and acting Recorder for the City of Tigard, Oregon.
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I further certify that I have compared the herewith copy
with the original in my possession as custodian of the a
official records of the City of Tigard, and that the here-
\� 1i�'rorfth copy is a true and complete copy thereof.
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`4TNESS IMREOF I have hereunto set Divhand and seal of
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theCity of Tigard this /1 urck 2 d/97 5-
0.0.L C
Recoraer _t
ORDINANCE No. 75-_Z
STATE OF OREGON
a
CON r1l
County of Washington ON
0 9,�% 1 Roser Tbontssem Dinwor of Records
and Electiom and Ex-Offflcio Rtcot6x of Cas-
fi�176 p f Cc t1 veyonces for said county, (So herab' urtify
.- r? the within hutrunwnt of writing was
C r. n t "FecE7ved and reconW in book of records
� '.a -.�..�-.�. .-��+.-.ten--.._....�.••..
No.
of said Cou.-Y
Da a� f
Roge T 3* Dis Itections witness nn fond and seal offbwd.
ROGER THOM,1 m, Director of
By_ Y 'Deputy
ROWAN fia
COU ', ' ,^✓
! !i 42 A1475
Ar
March 28, 1975
Roger Thomseen
Depa,xtmant of Records Elections
11ashi:tqtr)n County Courthouse
hillsoro, Oregon 7123
Re; S-Creet Vacation
Dear Mr. Toomsoons
Enclosed is certified copy of ordinance No. 75-17 vacating a
dedicated undevelopeel 40 foot wide put)lic right-of-way,
commonly known as S.W. Lucas Avenue.
I am imclosinq our check for recording in the WastUngLon County
Deed ;Iauords in accordance wit-111 provisions of O. .S. 271.230,
t"a orUinance, as wc1l as the .53 .00 for marhitAq tio,.s plat by the
County Surveyor.
If I %ay be of furt1teAr assistar4ca to you on UU4�i maLttzr, please
feel free to contact me.
Sincerely#
Ek-)riz "artig
City Recorder
dit
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cc/ County Surveyor - Dopt. of Public Works
Dpt. of Rev&nue & Taxation - Attention County Assessor
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, ss.
I, --------------------- Joseph__Schafer -
_________
being first duly sworn, depose and say that I am the publisher ----------------------------
--------
_______-____ _______________ of The Tigard Times, a. newspaper of general circulation, as defined
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and ll�gli
state; that the legal notice, a printed copy of which is hereto annexed, was Pro ,
scribed"
published in the entire issue of said newspaper for ______-.5--__----------- successive and lope@ 4i9° Y k }
being
consecutive weeks in the following issues -------_ ` ' _
- - -- - City ,crl�' Tigard, in ton
February 20 & 27 and March 6, 13, & 209 1975
— - - - - - — - - - --- -- - -- - - -- Argtutdevelcaped dafed,.i �
being County Road No: ,q ,
u
kr#owri as S. J.Lucas e,
_ = � --
(Sign ure) within;Lot•21 and Lot='22�of,;3,
gardville Addition; Atnen&&t , 11
20th subdivision of record in Wash
Subscribed and sworn to before me this -_._-_______ _------------___ day of ------------ County,Oregon;Said r a b
feet in with and ly!ng�
ttteasured atright angles,
----------- g
_March--__-- 19___75 �Be�'nn�in a�th�nied��'
gi g teriie terraus
point,of that � �y
- ---
----------- -- --- - - - -- -------
d ray
Notary Public of Oregon oddie 4bit' 6 t no
described in (and filed ander)
Road M 15$6o er d0t�d Nave r
My commission expires ____ 19-_° __ ---- 6th, 190, in i3Va if► inn County, a
gon,Vacation Pr r Record I,
nitlg,thence North; 3o 1
th,e herein described certteeline pf moist
ing�CbUfity Road No
of 667 2feet,more,dr,ldssr to tb ext «
nal poiot dfoiia,
said termcx►ai tnti , t
00anl�€e3or<
axy tine`6f AO"fnbt wide County",Road ,
No: VttS,'Ult':'I'i arn3 t t `4* 4�s+
pipe bearsi Komi E ° +> '#,t alt }+ ",.
tante 232 �' z
Lot 21 isod 6th 6til" s �!
is the.termiriUs Ppint
No.863.
Any ,obiectionp dl'';Ifto0*
against ,;said pr to X '
a
area may nsnde#mak►it4t
with the City'A ° +t tb� `Mto
of the hearing,;and a8�004i�n6 filed
prior to the,date of beaming'
heard.And considered;-and 40 V n
having an interest in t ell Mai,
likewise verbally 134 hod ''lit, id
and place 1 't'I' 1ga
(TT 227 — l?ublisll r ' ° ,
6, 13, Y1, 115)'
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AFFIDAVIT OF POSTING
In the Matter of the Proposed
VACATION OF UNDEVELOPED 40 FOOT NIDE
RIGHT-OF-WAY KNOWN AS S.W. LUCAS AVENUE
STATE OF OREGON
County of Washington ss.
City of Tigard
I, :LEONARD COOK, being first duly sworn, on oath, depose
and say:
That I posted in the following public and conspicuous
places within the City, a copy of Notice of Public Hearing of
the Proposed Street Vacation , a copy of
said notice being hereto attached and by reference made a part
hereof, on the 17th day of February. , 1975.
1 . Mounted on Portland General Electric Company Map 113
Pole No. 3946 located on the south side of Tigard
Street, + 50 feet west of the north boundary of the
proposed vacation area.
2. Mounted on 1/21lx4" wood lath at the north end of the
parking meridian island at Tigard Industrial Park.
3. Mounted on 1/211x4" wood lath at the south end of the
parking meridian island at Tigard Industrial Park.
4. Mounted on 1/211x4" wood lath located in the unimproved
vacant lot near the south boundary of the proposed
vacation area.
Subscribed and sworn to before me this f - day of
1975.
Mo ' u is for Oregon
ssion expires:_ � / s
i4f
Affidavit of Posting
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF DEDICATED PORTION OF AN UNDEVELOPED 40 FOOT WIDE
PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
Pursuant to resolution of the City Council of Tigard adopted Feb.
10th , 1975 under authority of Chapter 271.130 Oregon Revised Statutes,
a public hearing will be held by the Council of Tigard at 8:00 P.M. on Monday,
,larch 24 , 1975 at New Fowler Jr. High School
10865 S.W. Walnut St.Tigard, Oregon , with respect to the proposed
vacation of the following described dedicated portion of an undeveloped 40
foot wide public right-of-way,being County Road No. 893, commonly known as
S.W. Lucas Avenue, in the City of Tigard, Washington County, Oregon.
An undeveloped dedicated roadway being County Road No. 893, commonly known
as S.W. Lucas Avenue, situated within Lot 21 and Lot 22 of North Tigardville
Addition, Amended Plat, a subdivision of record in Washington County, Oregon;
said roadway being 40 feet in width and lying 20 feet, when measured at
right angles, left and right of the following described centerline;
Beginning at the centerline terminus point of that portion of vacated County
Road No. 893, said terminus point being on the North bank of Fanno Creek,
as described in (and filed under) County Road No. 1586 order dated November
6th, 1946, in Washington County, Oregon, Vacation Proceding Records;
running thence North 23° 40' East, along the herein described centerline
of existing County Road No. 893, a distance of 667.2 feet, more or less,
to the terminal point of this centerline description; said terminal point
of this description bears South 23° 40' West a distance of 10.0 feet
from a one inch diameter iron pipe on the South right-of-way boundary
line of 40 foot wide County Road No. 767 (S.W. Tigard Street); said
iron pipe bears North 64° 49' West a distance of 232 feet from the line
between Lot 21 and 60 of said Amended Plat and is the terminus point of
County Road No. 893.
Any objections or remonstrances against said proposal to vacate said area may
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be made in writing and filed with the City Recorder prior to the date of the
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hearing, and all objections filed prior to the date of hearing will be heard j
and considered, and any person having an interest in the proposal may likewise
verbally be heard at said time and place.
By order of the City Council of Tigard, this lothday of February , 1975.
DORIS HARTIG, City Recorder
TT Publish Feb. 20, 27 ,March 6 ,13 ,20,
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CITY OF TIGARD, OREGON
RESOLUTION No. 75-
A RESOLUTION CONCERNING VACATION OF AN UNDEVELOPED 40 FOOT WIDE DEDICATED
PUBLIC RIGHT-OF-WAY, BEING COUNTY ROAD No. 893, COMMONLY KNOWN AS S.W.
LUCAS AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY,_ OREGON.
WHEREAS, the area described on the attached sheet headed "Exhibit A", and
by this reference made a part hereof, is an existing undeveloped 40 foot wide
roadway and/or alley dedicated to the public for roadway purposes, being County
Road No. 893, commonly known as S.W. Lucas Avenue, within the corporate
boundaries of the City of Tigard, Washington County, Oregon; and
WHEREAS, said described area does not serve a public purpose and is so
situated as to be of no usefulness now or in the future as part of the public
street system of the City; and
WHEREAS, it appears to be in the public interest that the said area be
vacated and restored to the tax rolls and made available to development and use;
and
WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners
have petitioned for the initiation of vacation proceedings as authorized in
Chapter 271 ORS.
NOW, THEREFORE,
BE IT RESOLVED by the City Council of Tigard, as follows:
(1) "That the public hearing is hereby_,Falled to be held by the City
Council of Tigard on Monday, at
within the City of 1Vgard, ginning at 8:00 P.M. , 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.
(2) "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 bearing in the form hereto attached and by this
reference made a part hereof, the first publication to be made on the
�40r-- day of 1975 and once each week thereafter
for five publishings
ydy
"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 hereto attached, at or near each end
of the area(s) proposed to be vacated, and in addition, the Recorder
shall post a copy of said notice in at least two (2) conspicuous
places within the area(s) proposed to be vacated, all of said postings
to be accomplished within the time herein stated.
(3) "That the particular portion of dedicated street proposed to be
vacated is described on the attached sheet headed "Exhibit A" and
by this reference made a part hereof."
PASSED by Council on the day of 1975.
Mayor
ATTEST:
Recorder
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EXHIBIT "A"
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An undeveloped dedicated roadway being County. Road No. 893, commonly known as
S.W. Lucas Avenue, situated within Lot 21 and Lot 22 of North Tigardville Addition,
Amended Plat, a subdivision of record in Washington County, Oregon; said
roadway being 40 feet in width and lying 20 feet, when measured at right angles,
left and right of the following described centerline:
Beginning at the centerline terminus point of that portion of vacated County
Road No. 893, said terminus point being on the North bank of Fanno Creek, as
described in (and filed under) County Road No. 1586 order dated November 6th,
1946, in Washington County, Oregon, Vacation Proceding Records; running thence
North 23° 40' East, along the herein described centerline of existing County
Road No. 893, a distance of 667.2 feet, more or Less, to the terminal point
of this centerline description; said terminal point of this description bears
South 23° 40' West a distance of 10.0 feet from a one inch diameter iron pipe
on the South right-of-way boundary line of 40 foot wide County Road No.767
(S.W. Tigard Street); said iron pipe bears North 64° 49' West a distance of
232 feet from the line between Lot 21 and 60 of said Amended Plat and is the
terminus point of County Road No. 893.
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11C nSTfUCTion
Jonuary 24, 1975
Tigard City Council
12420 S. N. Main Street
Tigard, Oregon 97223
Gentleman:
Re: Lucas Street Vacation
We, the owners of property on both sides of the Lucas Street right of may,
request vacating the street for the following reasons:
l. This is not o through street. It is aooeaa to an established
warehouse and manufacturing space.
2. There is no apparent reason for public aooeoa to this area.
3. All current street improvements have been put In by the owners
of adjoining property, and no maintenance or upkeep has been
done by the City or has any such maintenance been requested.
4. This right of way will remain as existing parking and access
may for an industrial park.
5. At this time we constitute the owners or represent the owners
of all abutting property to this right of may.
TIGARD INDUSTRIAL PARK
'
R. ..' ---'
Hamkin Au, OwnerJ. /
4R. Ben4ty,
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P. V. BOX 23567 PORTLAND, OREGON 97223 PHONE 639-6127
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March 28, 1975
R. AA. Gray
R. A. Gray Co.
P.O. Box 23567
Portland, Oregon, 97223
Hear sir. Gray:
Please be advised the Tigard City Council at their regular meeting
March 240 1975, approved your request for a street vacation on
the 40 foot public right-of--way, commonly known as S.W. Lucas
Avenue.
The following is an accounting of costs incurred by the City
and covered by your deposits
Deposit 1/24/75 $100.00
Tigard "Mmes - Public Notice $48.65
Recording Fee - Wn. County 4.00
Surveyors Fee - Wn. County
s 55.65
REFUND 44.19
I am enclosing your refund check in the amount of $44.35 and
if I may be of further assistance to you regarding this matter,
please feel free to contact me.
Sincerely,
Doris xartig
City Recorder
dh
enc. - check