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90-32048 ~ Morning HIll Drive ~ Benish Street ~ 131st Avenue CITY OF TIGARD, OREGON ORDINANCE NO. 90--LD �\ AN ORDINANCE VACATING A PUBLIC PEDESTRIAN EASEMENT LOCATED BETWEEN LOTS 122 AND 123 OF MORNING HILL NO. 6, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on March 12, 1990; and WHEREAS, the reason and purpose for this vacation is to eliminate a certain public pedestrian easement at .the request of the abutting property owners; and WHEREAS, the vacation is recommended by the Planning Commission and the Community Development Department subject to certain conditions as listed below; and WHEREAS, all affected service providers including utility companies and emergency services have reviewed the vacation proposal and have no objections or concerns; and WHEREAS, -in accordance with ORS 271.100, the TMC 151.08.110, the Council fixed :a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners .in the affected area, as described by ORS 271.080; and WHEREAS, the Council 'having held a hearing on April 23, 1990, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that it is in the public interest to approve the request to`vacate.that certain public pedestrian easement, within Morning Hill No. 6, because the public interest will not be prejudiced; and - WHEREAS, the Council finds that the following conditions are necessary to vacate said easement: 1. The existing public utility easement that lies within the same area between Lots 122 and 123 of Morning Hill No. 6, shall remain in effect. 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 that certain public pedestrian easement, as described on the attached Exhibit "A" and illustrated on the attached Exhibit "B", and by ORDINANCE NO. 90- 10 Page 1 this reference made part hereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: The existing public utility easement that lies within the same area between Lots 122 and 123 of Morning Hill No. 6, shall remain in effect. SECTION 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council, approval by the Mayor, and after a certified copy of this ordinance has been recorded with the Washington County Cferk, Assessor, and Surveyor. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By V/M-7iM OL5 vote of the Council members present after being read by number and title only, this X-34 d day of 24L 1 1990. Cat-fierine Wheatley, City Recoxl&er ' APPROVED: This day of /Ll , 1990 Ge ald R. w ds, Mayor A ved as to f 4 A 4 . 2 I/I/ VIN IIIIAZY Vi city torn .T7z Date' MORNH .ORD/kl ORDINANCE NO. 90-/0 Page 2 Exhibit "A" A fifteen foot wide strip of. land located in the northeast quarter of Section 4, Township .2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon be described as follows: The southerly five feet of lot 123, Morning Hill No: 6, a recorded. plat, Washington County Plat records, together with the northerly ten feet of- lot f 122, said Morning Hill No. 6. REGISTEREO PROFESSIONLAL. LAND SURVEYOR OREGO JAW AHY CS.Mr JON T.FEIGION #2252 1 I �l PI Ci -0.4 000"1139- 0) i ,` %Y_� v E ` i• S 1-41-Sl M l �t„ �•�,Lto-t 'L�Ot M'•K-K �l w 1)tV4 p — w cc • .M 1. TI O r �M s W K p T • a ;i i «i «i yi = x of ♦n „ so S.W. IMST AVOMM zc i a ..� ��C � � � .. �� � •~-..^r �: • -a.�` Z =oma o At Ix ry it S.VL _ uxNoC&MT� 3E ; tom• IF 40 KE 10 VC 41) S 1 •. A« j =Ate• - 1•• � ���T � = Zoe � -l.IV• N O rt. � t � .n J - , =E �5�i _n.� �=•C •r woe � 00 T M S��r E M 2 f� 'Sp• .wi••.wrw•u•s•.0•Ja,•a..r t r'• CITY OF TIGARD, OREGON RESOLUTION NO. 90- // A RESOLUTION CONCERNING THE VACATION OF A PEDESTRIAN EASEMENT BETWEEN LOTS 122 AND 123 OF MORNING HILL NO. 6 IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, A vacation request has been received and filed with the City Recorder for vacation of public pedestrian easement; and WHEREAS, this portion of land was previously granted for public pedestrian access and is currently unimproved for this purpose; 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 Mr. Hart will 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, April 23, 1990 at 7:30 PM at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections, and any interested person may appear and be heard for or against the proposed vacating of said 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 March 15, 1990 and once each week thereafter for five publishings in all. The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area proposed to be vacated. RESOLUTION NO. 90- 11 Page 1 (4) That the particular portion of granted public street right-of-way proposed to be vacated is shown on the attached pages headed Exhibit "A" and Exhibit "B" and by reference made a part thereof. PASSED: This _ day of 990. Mayor - Cit-Y-0 Tigard ATTEST: City Recorder - City of TigarcV MORNHILL.RES/kl RESOLUTION NO. 90- 1 Page 2 Exhibit "A" A fifteen foot wide strip of, land located in the northeast quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon being described as follows: The southerly five feet of lot 123, Morning Hill. No. 6, a recorded plat, Washington County Plat records, together with the northerly ten feet of lot 122, said Morning Hill No. 6. REGISTERED PROFESSIONAL LAN© SURVEYOR OREGO JANUARY 15,1907 JON T. 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TT'ST 3 .ZP.9S.CV M o G 8 ( N Yy(3S P SO� .I.aa a.rsa•-u«r_u)..aa.••a -3YOT N'374.32 _ AFFIDAVIT OF POSTING In the Matter of the Proposed �ublrc lea,-1ng _ 1ades-heicti1 Cas-em-eki-� V;ca, Myrniac5 STATE OF OREGON ) Nv' (.v L-ofs County of Washington) ss. City of Tigard ) I, karcub A. orahitC --A 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 I sVkrA 0-i- a copy of said notice being hereto attached and be reference made a part hereof, on the _day of art h 19�. Nance. 41 : Po,Aezt on 6uurgey I th to 160'a+ed on TaCAYI� t'r'ee t. Notice Pv65 ed on ,uf vey lafke apprN. io Pt. 1e le-eluane— Cable Wa -A 122elb Whtc.k t5 100-Mea usi �^ 614W1,31k on 6W 13i 5t Ave. . ohce 3 ; pc�s Gn ��ree+ yyn lova cE on 5vj of r��e ee can ca w 13151 - 1-3 14Acz 4 ��� �a Sw�V�y gat �0C—Ae eyprc-� . �--4 , �e le Ohcrle- t2zgw vn Sys i ;5 t 5i &W-r\ 01 Subscribed and sworn �_o before me t ay of 19 � . J otary Pubiic for Or gon Affidavit of Posting My Commiss.on Expires:_.., '...I'rY OF TIGARD NOTICE PEDESTRIAN EASEMENT VACATION BEIWEEDT LOTS 122 AND 123 OF N01NING HILL NO. 6 The Tigard City Council will hold a public hearing on Monday, April 23, 1990, at 7:30 p.m. at Tigard Civic Center Town Hall Room, 13125 S.W. Hall Boulevard, Tigard, Oregon to consider the proposed vacation of a pedestrian easement which lies between Lots 122 and 123 of Morning Hill No. 6, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on March 12, 1990, at the request of Jim Hart and JoAnn Burd. Any interested person may appear and be heard for or against the proposed vacation of said easement. Any written objections or remonstrances shall be filed with the City Recorder by April 23, 1990,. by 7:30 p.m. TT Publish March 22, 29, April 5, 12, and 19, 1990. t J ( yI \ i ew Fs---- -------- C-C, --- —:= Ci • �1 s 1SUTAMERLAKE /PARK 0 fw.ew Ms. = D Described Area FA K 4 "- _ Lot �. .� of ' s_.u...our *11< .._ s v- ESpg0LTARY •' \ 11 33 34 r ..Ewrc 3 aT ___ __ •• C,S. .i a WE i- : 1 — WALNUT S7: i I _ -t ._�� jj� ,NST 4 t. • MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Wooley, City Engineer March 21 , 1990 FROM: Cathy Wheatley, City Recorder SUBJECT: a tion for Pedestrian Easement in �n Hill No 6 an reet Vacation for Portions of S.W. Locus reet Attached are notices for public hearings with regard to the above-referenced rights-of-way vacation requests. Would you please have your staff post the notices between the dates of March 22 and March 27, at or near the ned of each of the areas to be vacated. I've also attached a vicinity map for each one as well. Once posted, the attached affidavit of posting must be completed and returned to me. Thank you for your help. Attachments/ NOTICE PEDESTRIAN EASEMENT VACATION BEIWEEN LOTS 122 AND 123 OF MORNING HILL NO. 6 The Tigard City Council will hold a public hearing on Monday, April 23, 1990, at 7:30 p.m. at Tigard Civic Center Tawe Hall Roam, 13125 S.W. Hall Boulevard, Tigard, Oregon to consider the proposed vacation of a pedestrian easement which lies between Lots 122 and 123 of Morning Hill No. 6, a recorded plat in the City of Tigard, Washington County, Oregon. Me request was initiated by the City Council on March 12, 1990, at the request of Jim Hart and JoAnn Burd. Any interested person may appear and be heard for or against the proposed vacation of said easement. Any written objections or remonstrances shall be filed with the City Recorder by April 23, 1990, by 7:30 p.m. Tr Publish March 22, 29, April 5, 12, and 19, 1990. f O �CI n o0 i— tj L ]� ' f. ..rs «onto `StS •\I� 1 --------------- �SUMMERLAKE /PARK .y�V` z o JI sem. xv..rtw sr. ♦i{yY Al - 4 , 7t v `-� Described Area {6�.'(rcw.a UI. �• — !'ARK W_ \_\/ �,� =O • « L11{«IYJNr MARY t NUOOWARO ` s o�v_ ELEMENTARY SCHOOL 3334 I _ 1 / • - r«E«.E 4 3 �- Ed .�, \ C, S. 1 RT n I` ' �•--�jam;�'/ e WALNUT ST_ 4T « r V - JJ , CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 3/12/90 DATE SUBMITTED: 2/28/90 ISSUE/AGENDA TITLE: Pedestrian PREVIOUS ACTION: none easement vacation between Lots 122 and 123 of Morning Hill No. PREPARED BY: Keith Liden DEPT HEAD OK ITY ADMIN OK / REQUESTED BY: OLICY ISSUE Council initiated street vacation requests should be consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY Jim Hart and JoAnn Burd have requested the vacation of a pedestrian easement which lies between Lots 122 and 123 of Morning Hill No. 6. This easement connects 131st Avenue and a drainageway/wetland but it does not presently contain a developed sidewalk or path. The storm drainage easement located beween these two lots is intended to remain. It is proposed by BenjFran Development Co. that a pedestrian easement be provided between Lots 154 and 155 in the next phase of Morning Hill to the south. This substitute pedestrian easement will be in an improved location for providing access to the drainageway area in the future. It appears that a vacation of this easement with the provision of a replacement access to the south may be consistent with the best interest of the City. Mr. Hart's and Ms. Burd's letter and a map of the affected are attached. ALTERNATIVES CONSIDERED 1. Approve the attached resolution calling for a public hearing on April 23, 1990. 2. Take no action at this time. 3. Require the property owner to circulate a petition. FISCAL IMPACT All fees and staff costs will be paid by Mr. Hart. SUGGESTED ACTION Approve the attached resolution. MORNHILL.VAC/kl c � /"X 7 r U CI Ft T.Y ` - i _ • CCR c,Lr cw VlN W T s \SUMMERLAKE /PARK s.at \ F «EFF EI E = O S/WYER ST, s c, / \ •T4S. P�' '`y`� _ t . _ �t�' I \\ fYwER CwEST S p Described Area fr rTl �9 -a tf w.ITRR«G W. ► PARK LN_ - ILwuRw«T MARY ELEMENTARY SM. 33 34 f WE s. YRO— OT - =1 «.R,E CT WALNUT ST. It fi_J 1 .3.. —11 11 wwr � c� 'L3 Keith Lyden -/Z -c/v Senior Planner City of Tigard 13125 S.W. Hall Blvd. Tigard, OR. 97223 Dear Mr. Lyden, Per our conversation, we are requesting the vacation of the pedestrian access currently between lots 122 and 123 of Morning Hill 6. The Wetlands Conservancy, future owners of the wildlife habitat, support this request. They prefer access to the area from Katherine St. Benj . Franklin Development will allow for a new pedestrian access between lots 154 and 155 of the preliminary plat for the next phase of Morning Hill. Respectfully, V -- Jo nn V. Burd Lot 123, Morning Hill 6 12310 S.W. 131st. Ave. Tigard, OR. 97223 <�2 rt James E. Hart Lot 122 Morning Hill 6 12228 S.W. 131st. Ave. Tigard, OR. 97223 RE�E19E0 POAlitti#� FEB 12 1990 February 20, 1990 Cj11YOF TIVAMD James E. Hart OREGON 12228 S.W. 131st Avenue Tigard, OR 97223 RE: Easement vacation Morning Hill No. 6 Dear Mr. Hart: The process to vacate a pedestrian and storm sewer easement between lots 122 and 123 of Morning Hill No. 6 subdivision has begun. Notice of the proposed vacation has been sent to utility districts for their review. Following the receipt of their comments in early March, the City Council will decide whether a formal initiation of this vacation is appropriate. If so, I would anticipate a formal Council hearing and decision in April. Our records show that a fee for the vacation has not been submitted. Vacation application fees are based upon actual expenses incurred by the City and a deposit of $300.00 is required at the beginning of the process. Please forward this deposit to my attention. I apologize for the delays in getting this procedure initiated. Please contact me if you need any further information. Sincerely, Keith S. Liden Senior Planner c: JoAnn V. Burd David R. Ramberg Cathy Wheatley MORN.VAC/kl 13125 SW Hail Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 STREET AND EASEMENT VACATION SCHEDULE PROJECT: � !: geyrlahj VO(23&- h " lu (V6 SCHEDULE OF ACTIVITIES 3�� I qt) Initiation - Council consent agenda(Resol. No.61 -�) KQ,I Request for staff comments ( Police, Plan. and Eng.) Request for utility co. and Fire Dept. comments 34 Posting of notice( 5 days after lot publication) 311(y Q Ad to newspaper 3/0l qO lot publication Last publication Ket Notification letters to property owners Kit Planning Commission review pa Request for comments due CA Staff Report due to Director Packet due to City Administrator `7/a3/Cb Public Hearing Post Ordinance Send Ordinance for recording