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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. x ' 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 i 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 I � sszs E 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. f 8 i f I, DORIS HARTIG, Hereby certify that I am the duly appointed, qualified, and acting Recorder for the City of Tigard, Oregon. f 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. �# • n `4TNESS IMREOF I have hereunto set Divhand and seal of I 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 unc* 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)' 1I � 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 4 r be made in writing and filed with the City Recorder prior to the date of the i 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, o , 300 M°ry as.s c,� 8-36Ac... IV ` 4 S T,° 4p.f 3 24 3 2. 2. �,1 O v 1 0,0 0 OD AA O a MAS S � „ ' n { Ts,3p.E s i 2.732 4r ry da � 40 , l y"ruc 1 , ,aep ? � P . � , f a� 4 2300 sf 4S5 2000 ! / Ol 1.20 Ac /Ss4°45.3,8 /.9& Ac ! 565o53E r35Mr` f4 / �v Ho! /J 2200 /33 .73Ac 2103 se f hh A(.• •.y,p�y �N�, ZIOz ✓ t a W_ 24 Al 'goO, 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 t i r EXHIBIT "A" 4 k_ 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. NE I 0 390 4, .35Ac. N ' �ry 1.�s '1 o!'��osa� � .•�'0�, 300 8.36AC.. 40 / f 3 74 3 22 :• J o " 21 o � v t177°05 E -47 s 44.5 ty ?C! i aA i r _1 s Gs. SEE . MAP ` , 28 1 2B B 1 sp ms I o. c= �Qd 5 76030.Eil 40 H, 1 jtucPc�in�o� Bc�irirsirs/�q / a �''-st �eae i'p ieliF ?/t - / / 2300 0ss� O 1 a /.20 AC /s4s5 64o4s�g/_e 2000 /.96 AC 2200 / r y% .73AC ,3 h 2103 39B .29 Ac \/102102 �' ti0 24 Ac. h, / 9.S o \b ✓ 10 / S "Awe ^ 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, ' P. V. BOX 23567 PORTLAND, OREGON 97223 PHONE 639-6127 ` 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