79-016754 ~ Rosewood Acre 79016754
CITY OF TICARD, OREGON
ORDINANCE No. 79--I�—
AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF AN UNNA1,flED 30 FOOT WIDE
RIGHT-OF--WAY IN ROSEWOOD ACRE TRACTS IN THE CITY OF TIGARD, WASHINGTON' COUNTY,
0 GO N
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
'3 e" J
tion 1: The Council finds that Resolution No. 79-32 was adopted by the Council
on March 12, 1979, relating to the vacation of the hereinafter
described dedicated unopened portion of a public way and that a public hearing was
thereby called to be held on April 23, 197J, and. chaL noticc x n heari
-� q was
given as required 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
ov April 23, 1979, 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, the Council further considered all objections thereto.
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
by Chapter 271.030 O.R.S. , did not object thereto in writing and that owners
affected hereby 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 by the vacation of the hereinafter described lands and that
tae 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
0
her office a certificate showing that all city liens and taxes, if any,
..ave bnel� paid cn th2 lands proposed to 'be ,—sated.
V
Section 6: The following described portion of dedicated unopened street be and the
same is hereby vacated and discontinued as a public way for the full
length and width of said portion of street:
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
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
all as required by Chapter 271.150 O.R.S.
ORDINANCE No. 79- 2�
V,
9
1
Section S: 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 vote of all Council members present,
after being read two times by number and title only, this z -T day
of / n , , 1979.
City Recorder
U
APPROVED: This2 , ^ day of �,,; / 1979, by the Mayor,
41
"rayor
STATE OF OREGON)
) ss.
City of Tigard )
I, DORIS HARTIG, 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.
79--33 of the City of Tigard with the original in my possession as custodian of
the official records of the City of Tigard, and that the herewith copy is a
correct transcript of the whole of Ordinance No. 79-33.
IN WITNESS WHEREOF I have hereunto set acs,;. hand and the seal of the City
of Tigard this day of April 1979.
City Recorde
PAGE 2
ORDINANCE No, 79—.�-
Ip
EXHIBIT "A"
A tract of land in the NEk, NIL-4, Section 13, Township 2 South,
Ran--e I t4est, W.M. , Washington County, Oregon, being a portion of the
30.00 foot roadway dedicated to the public in "Rosewood Acre Tracts"
a subdivision of record in the Washington County town plats, and on
the North line of said plat. Said portion being more particularly
described as follows:
Commencing at the Northeast corner of "Rosewood Acre Tracts",
being the Northeast corner of said Section 13, also being the
Northeast corner of said road; thence S 890 34' W along the North line
of said road 319.2 feet to the Southwest corner of that tract described
in deed to the State of Oregon, by and through its State Highway
Commission, recorded in Book 166 at page 415 of the Washington County
Deed records, and the true point of beginning of the tract herein
described; thence S 080 02'12" W 30.33 feet (to a point on a line
described as running from the above described true point of beginning,
Southerly in a straight line to the Southwesterly line of said State
of Oregon property described in said Book 346, Page 268, at a point
200 feet Westerly of, when measured at right angles to, the center
line of the Pacific Highway, formerly West Portland-Hubbard Highway,
which center line is referred to in that deed to the State of Oregon,
by and through its State Highway Commission, recorded in Book 166,
Page 679, of Washington County Record of Deeds); thence along the
North line of lot "E" of "Rosewood Acre Tracts", S 890 34 ' W 218-84
feet to the Northeasterly right-of-way line of the Southern Pacific
496
ta-
hcce along said Railrcad, on a ng-tingent 2 A_ , .6-4 f 4 foot
radius curve to the ri,,ht, 39.98 feet along the arc (the long chord
bears N 410 48' 25" W 39.98 feet) to the North line of said
"Rosewood Acre Tracts"; thence N 890 34 ' E 249.73 feet to the true
point of beginning, containing 0.16 acres more or less.
STATE OF OREGON
County of Washington ss
1, Roger Thornssen, Director of Records
and Elections and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
"7 ROGER THOMSSIN, Director of
Records&Elections
ORDINANCE No. 79- � 3
INDEXEW
MAV
.rune 25, 1979
Mr. Marko Susnjara
15790 SW Upper Boones Zerry Road
Lake Oswego, Oregon 1100,,
Re: Rosewand Acre Tract s Street Vacation
Dear Mr. Susnjnra:
Enclosed is a copy of Lho rocarded Drdinnnfor your
files.
If you have any queshc a , " 1c .`;e contact "yrrIF or Vormen Nilson
at 639-4171.
Sincerely,
Doris
Sty CCYK �:
DH:lw
Enc.
"U0,
May 14* 1979
Mr. Marko A. Susnjara
15700 SW Upper Boftes Ferry Road
Lake Oswego, Oregon 97034
Re: 'Rosewood Acres Tracts Street Vacation
Dear Mr. Susnjara:
The Tigard City Council approved your above mentioned request at their regular
meeting of April 23, 1979. The costs of the vacation are as follows:
Tigard Tuxes Notice - $111#20
Recording Fee - 13.50
Total $124.60
Total Deposit $100.00
iffercnce �vle "Ab
Please remit a cheell, ij-, the 03: $24.70 to cover t1he of
the vacation. A recorded r.opy of the vacation or(1,4--A-
to you when the City receiver, such from the County.
If you have any questions, please contact myself or Loreen Vilson at 63�-4171.
sincerely,
Doris Hartig
City -Recorder
DHtlw
Erste
April 27, 1979
Roger Thorissen
Y,,Tashin-ton County Courthouse
150 '. First
Hillsboro, Ore-on 97123
Me: Recording Documents
Dear 'Tr. thomssen:
Enclosed is a check for l,',13.50 to cover recording fees of Ordinance 1,,To.
79-33 dealing, with street vacation of ROW100D AC"IT, TRACTS. 89.00
is for regular recording fees and ?4.50 is for the surveyor's recording
fee, Please forward the surveyor*s copy of the ordinance to that office
when it has been recorded.
If you have any questions, please contact me at 639-41711.
Sincerely,
Doris Uartig
City Recorder
DH/pjr
Encl.
De-parti,.qent of Revenue & Taxation
oashinn-ton County Courthouse
"I
1.50 '.]. First
1!illsboro, Ore-on 97123
Attn: Assessor
71*'ear Sir:
Enclosed is a con of Ordinance ',7o. 79-33 ich t1m TiKarcl City Council
passed on April 23, 1979. ordinance vacates ROSEWOOD T;ZA,r'TS.
This is bei n- filed 9ith your office ner rermire ments in 0271.150.
If you have any questions, please feel free to contact me.
79 in, c C r,:'
§Oiis
(7itv -zecorder
D!7/pjr
Encl.
*M01
17. APPEAL ZONE CHANGE ;C 2-79 (Lindal Cedar Homes)
(a) Planning Directof' explained that this project had been denied by the
Planning Commission on the basis of the one acre minimum Commercial-
Professional development specified by the NPO.
(b) LaValle E. Allen, 7540 S.W. Hermosa, NPO #4 member and resident explained
that the one acre minimum was designed to discourage small developments
which would not provide continuity in this zone. He went on to say that
the NPO wanted to "discourage" these developments unless "hardship" could
be shown on the part of the developer; in which case the development would
be subject to Site Design Review (to prevent the feared lack of continuity) .
(c) Planning Staff explained the definition of "hardship", stating that it is
intended to cover cases where an owner had purchased property for a
specific type of development, after which the zones were changed to prohibit
such development. He went on to say that since the developer had purchased
this property after the NPO placed the one acre minimum restriction, the
developer should have known of the restriction and did not have a "hardship"
placed on him.
(d) Planning Director summarized the problem and recommended that Council deny
the appeal.
(e) Motion by Councilman Brian, seconded by Councilman Scheckla to deny the
appeal and uphold the action at the Planning Commission.
Appeal denied by unanimous vote of Council.
7OF18. PROPOSED VACATION OF A PORTION OF AN UNNAMED 30 FOOT WIDE DEDICATED PUBLIC RIGHT-
OF-WAY_ Y IN ROSEWOOD TRACTS IN THE CITY OF TIGARD, WASHINGTON COUNTY.
-WA)
(al I
(a) Planning Staff recommended approval.
(b) ORDINANCE No. 79-33 AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF AN
UNNAMED 30 FOOT WIDE RIGHT-OF-WAY IN ROSEWOOD ACRE
TRACTS IN THE CITY OF, TIGARD, WASHINGTON COUNTY, OREGON.
(c) Motion by Councilman Cook, seconded by Councilman Brian to approve.
Approved by unanimous vote of Council.
19. TEMPORARY REAL ESTATE SALES OFFICE REQUEST - Lou Beres & Associates at 10817
S.W. 121st Avenue.
(a) Planning Director recommended the approval of the request for a temporary
sales office for a period of six months, and additionally approval of the
use of the model home not to exceed 120 days.
(b) Motion by Councilman Cook, seconded by Councilman Brian to approve as per
the Planning Director's recommendations.
Approved by unanimous vote of Council.
REGULAR MEETING MINUTES, Page 6, April 23, 1979
1*00 *00
wp a RECEIVED
CITY OF TIGARD APR 2 01979
P.O. Box 23397
12420 S.W. Main CITY OF TIGARD
Tigard,Oregon 97223
April 16, 1979
Mr. Marko A. Susnjara
15700 SW Upper Boones Ferry Road
Lake Oswego, Oregon 97034
Re: Street vacation public hearing - 30 foot wide unnamed
tract in Rose Acre Tract
Dear Mr. Susnjara:
Please be advised that the Tigard City Council will hold a public hearing
on the above mentioned request on April 23, 1979 at 8:00 P.M. at Fowler
Junior High School Lecture Room, 10865 SW Walnut Street, Tigard, Oregon.
If you have any questions regarding this hearing, please feel free to contact
me.
Sincerely,
rkb-tL
Doris Hartig
City Recorder
DH:lw
NOTE: Sign and return copy of this letter in return main.
I hereby acknowledge this letter documenting the date of public hearing as
set by the Tigard City Council. I have received and read this letter.
Sig azure
Date'
d'ui gn
v
CITY OF TIGARD,"OREGON ',
AFFIDAVIT OF PUBLICATION jt " RESOLUTIolV Nat�7s 32
A R`ESOI,UTION',CONCERNING "rVA
STATE OF OREGON, CATIOl� OF.A PORION QF AN'UN ,`
ss. r NAMED 30`FOOT WIDE DEDICATED '_
COUNTY OF WASHINGTON, PUBLIC RI(YHT OF-WAY IN } QSE
WOOD ACRE TRACTS IN THE CITY,
Joseph Schafer OF' TI�GARD, ,WASH',INGTONi
I, ..........------- --------------------------------------------------------------.----._._..._...............--.----.................................... k COUNTY OREGON +
being first duly sworn, depose and say that I am the publisher .................._.._..___.
WHEREAS, the ,area described on
th`e Atached`sheet headed"Exhibit,A",•`
..........I........ of The Tigard Times a newspaper of general circulation, as defined and l y this `refere`nce made a°zpart`;
thereof,is an undeveloped unused street �
sand/oralley dedicated to the public-for I,.
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and h;gYiSiray purpose's;`andw'.
WHEREAS; the''area described°=+on
state; that the legal notice, a printed copy of which is hereto annexed, was said Exhibit`"A",now hes`within,ahe
Ei platted area'`of ROSEWOOD ACRE
published in the entire issue of said newspaper for ..5_......_............. successive and I TRACT,a duly recorded subdivision of
record m said Courif y, and r
consecutive weeks in the following issues ..._........................................ ............ WHEREAS; the {area described ;on
"' '' said Exhibitµ also hes.within;the k
March 21 & 28 and April-`4, 11 & 18, 1979 corporate boundaries of`the•;City of=Ti-
............._......................... ---.................................................--.---------..._....
garde:Oregon; and: •; t
said described area does
not serve a public purpose andjis'so sit-
i Signa ure f uatedasJ6`t a of no usef'I"' 'now or'•.%
he;future as partbf the public street
Subscribed and sworn to before me this ---..._.25th_ .._.......____.._ day of ............ syste"m lithe City;Fand
.'WHEREAS;,,itappears to,,be,•m the
pubiic interest that the said,area.be;va'.'
......April....................... 19....79 � ; cated�and;restored to the,taxxolls,and
` made available todevelopment and'
G��a .ems (. use„and t
....... ..... .................... . .. ... . � . �.....-�-.._r..�.._........... WHEREAS, pursuant to 'Chaps.,.
Notary Public of Oregon 27108"ORS,abutting property owne-
havepetitioned}for the tiation of va,
COMMISSION EXPI$E$ cation' proceedings ,as iniautionzed
My commission expires ........................
......... hat
NOW, THEREFORE ,
BE�IT RESOLVED by the City Colin
cil of 1s gard,',afo11 "'
(1)
at the public hearing is';
4kiereby calledi toeheld by toe City
Council of Tigard ori Monday,April 23��:�
1979, at",Lecture,Room Fowler Junior.;
High School, 10865 SW Wa�riut Street;�`
withm'the City,of T�gard,`begmnfng;at
8 DO P at'which time and place the.'t
Council shall hearany oblectzous;,,
thereto,and any mter'ested person may
appeai'.'and bes,heard`for orragamst the
proposed vacating of;said'lands ,
at-_the tCity`Recorded
she is Hereby, authorized anis d;rected ''a
to cause`to have.published m thea ..`N
'gard Times,a ri;ewspaper'of general"sir,
culation m the City,of Iigartl hereby
`des�ghated"for such puxpose,',a notice
sa;d�hearing in the'form heretd:," _
tached and,by"this'referenee``:m,ade:a, �
part 11"er'eof;the first publication`to be
�, made,on the 2 Ist day=of March; 1979, °
� and once each•week thereafter for five
pubhshmgs m all
`, "The Recorder be, and she is�hereby;"
further directed'`to cause to have dost=,
. 'ed within fiv'e`(5) days' a ie' r',the date{
of first publication, a;copy of said no=:'
'tfce mile form;hereto:'attach"ed, at or
`near each end of the`area(s)p`roposed''
to be
vacated''and m addition;•`the Re=;,
c"order shall post a copy of said notice
in`at least two"(2) con`sp"icuous places}
within:the areas),proposed
sated,all;of said`postinto be
gs accorn=`d
plfshed within tlic time-hereinatated
(3) "That the;particular portion of.
dedicated�stree,,proposed W bewacated
is;described o'ri the,a`ttached sheet'
headed "Exhibit=
-A','`and by this refer-
ence made a part hereof:
EXHIBIT" a
Atract of land'n the NES/a,NEl/,Sec;-{
tion 13, Township 2 .South, Range IW
est,W,iVi, Washmgtori County, Ore
gon, being a portaon of'the 30.Ob foot,
r
d''
h'
r 'Rosewood AcreTracts".;a'subdi-vs{ori
of`record 'm the Waslifrigton:County'
I town plats; and .onthe=North:line of:
said plat. Said porton being more par-
ticularly:described as follows: =
Commencing at the` Northeast
corner of: "Rosewood,'Acre ,Tracts"•,`
being the,IVorthea"st corner of said Sec=„
tio'n�13,also being theNortheastcorner,=
aid road,`thence•5.89,degrees 34vI
W�along the North line�.of said,road;'
319:2feet'to the'Southwest corner,of
} that tract.descr►bed m deed to the.State:i
ofegon; by and th`r`ough its`;State
I;'01
AFFIDAVIT OF POSTING
' In the Matter of the Proposed
VACATION OF A PORTION OF AN UNNAMED 30 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY
IN ROSEWOOD ACRE TRACTS
STATE OF OREGON
County of Washington) ss.
City of Tigard
Richard W. Cettel Jr. 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 Hearin of the Vacation of a Portion of an unnamed 30
foot wide dedicated public righf-of-way to
Rose Acre Tract a copy of said notice being
hereto attached and be reference made a part hereof, on the 21 day of
March 19 79
1. On a 4 ft lath at the east end of the street to be vacated.
2. On a 4 ft lath at the West end of the street to be vacated.
3. On a 4 ft lath on the North side of the street to be vacated, near the center.
4. On a 4 ft lath on the south side of the street to be vacated, near the center.
Subscribed and sworn to before me this 21 ay of -MaYe,h'
19-79---
Notary Public fo`rr�egoZn
—
Affidavit of Posting My Commission Expires:
CITY OF TIGARD
CITY OF TIGARD, OREGON
RESOLUTION No. 79-,32._
A RESOLUTION CONCERNING VACATION OF A PORTION OF AN UNNA14ED 30 FOOT WIDE DEDICAT-
ED PUBLIC RIGHT-OF4'AY IN ROSEI-IOOD ACRE TRACTS 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 undeveloped unused street and/or alley
dedicated to the public for highway purposes; and
WHEREAS, the area described on said Exhibit "A" now lies within the plat-
ted area of ROSE1100D ACRE TRACT, a duly recorded subdivision of record in said
County; and
WHEREAS, the area described on said Exhibit "A" also lies within the cor-
porate of the City of Tigard, 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 called to be held by the City
Council of Tigard on Monday, April 23, 1979, at Lecture Room Fowler
Junior High School, 10865 S.W. Walnut Street, within the City of Tigard,
beginning 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 dir-
ected 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 made on
the 21st day of March, 1979, and once each week thereafter for five
publishings in all.
RESOLUTION No. 79-_j�7
EXHIBIT "A"
A tract of land in the NEk, NE4, Section 13, Township 2 South,
Range I West, W.M. , Washington County, Oregon, being a portion of the
30.00 foot roadway dedicated to the public in "Rosewood Acre Tracts"
a subdivision of record in the Washington County town plats, and on
the North line of said plat. Said portion being more particularly
described as follows:
Commencing at the Northeast corner of "Rosewood Acre Tracts",
being the Northeast corner of said Section 13, also being the
Northeast corner of said road; thence S 890 34' W along the North line
of said road 319.2 feet to the Southwest corner of that tract described
in deed to the State of Oregon, by and through its State Highway
Commission, recorded in Book 166 at page 415 of the Washington County
Deed records, and the true point of beginning of the tract herein
described; thence S 080 02'12" W 30.33 feet (to a point on a line
described as running from the above described true point of beginning,
Southerly in a straight line to the Southwesterly line of said State
of Oregon property described in said Book 346, Page 268, at a point
200 feet Westerly of, when measured at right angles to, the center
line of the Pacific Highway, formerly West Portland-Hubbard Highway,
which center line is referred to in that deed to the State of Oregon,
by and through its State Highway Commission, recorded in Book 166,
Page 679, of Washington County Record of Deeds) ; thence along the
North line of lot "E" of "Rosewood Acre Tracts", S 890 34 ' W 218.84
feet to the Northeasterly right-of-way line of the Southern Pacific
Railroad; thence along said Railroad, on a non-tangent 2496.64 foot
radius curve to the right, 39.93 feet along the arc (the long chord
bears N 410 48' 25" W 39.98 feet) to the North line of said
"Rosewood Acre Tracts"; thence N 890 34 ' E 249.73 feet to the true
point of beginning, containing 0.16 acres more or less.
swo, wool
(a) Applicant has requesting hearing be set over to June 11, 1979.
Appeal - Conditional Use - CU33-78 (MacKenzie/Saito & Associates)
The Planning Commission approval of a request by MacKenzie/Saito and Associates
for a conditional use permit to develop an industrial complex, combining business
offices, light manufacturing and warehousing facilities on a 44 acre site, south
of Scholls Ferry Road (Washington County Tax Map IS1 34AA, Tax Lots 100, 200, 300,
4001 and Tax Map 1SI 34B, Tax Lot 1700).
(a) Applicant has requested hearing be set over to June 11, 1979.
(1) Mayor Mickelson, referring to a letter from the applicant, asked that
these items be deleted from this evenings' consideration, as the
applicant had requested that the hearing be set over to June 11, 1979.
Council agreed to set this hearing over.
10. APPROVE O.L.C.C. APPLICATIONS.
The Canterbury Inn, 14455 S.W. Pacific Highway, Tigard, Oregon, Class A
(a) Chief of Police recommended approval and forwarding to the State Liquor
Control Commissision of this new applicant.
(b) Motion by Councilman Cook, seconded by Councilman Brian to approve.
Approved by unanimous vote of Council.
11. HOUSING OPPORTUNITY PLAN.
(a) Planning Director, explaining that the MSD staff had been unable to attend
the meeting, gave a brief summary of the plan. He stated that this was a
cooperative effort among local jurisdictions to improve and develop low-
income housing. He went on to state that MSD needs formal support from
the local jurisdictions.
(b) Councilwoman Stimler stated that she had read the plan and was concerned
about the amount of administrative costs for such a plan. She went on to
say that the cost of administering such program often undermines them, as
the amount of money for recipients is so greatly reduced.
(c) Councilman Brian asked how the City of Tigard is doing in terms of having
"fair share" of low-income housing. Staff reported they are waiting for
further information from MSD.
(d) Motion by Councilman Brian, seconded by Councilman Cook to support the
Housing Opportunity Plan.
Approved by 4 to I vote of Council, Councilman Scheckla voting Nay.
(e) Councilwoman Stimler requested that the MSD staff be invited to come and
discuss this with Council.
12. RESOLUTION No. 79-12 A RESOLUTION CONCERNING VACATION OF A PORTION OF AN
UNNAMED 30 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY
IN ROSEWOOD ACRE TRACTS IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON.
TPage 3 - Regular Council Meeting - March 12, 1979
(a) City Administrator recommended approval of the resolution which sets
a public hearing for April 23, 1979.
(b) Motion by Councilwoman Stimler, seconded by Councilman Brian to approve.
Approved by unanimous vote of Council.
. APPROVAL WASHINGTON COUNTY - TIGARD URBAN PLANNING AREAFCREEMENT AND AUTHORIZE
SIGNING BY MAYOR AND CITY RECORDER.
(a) Planning Director recommended approval.
(b) Motion by Councilwoman Stimler, seconded by Councilman Brian to approve
and authorize signing by Mayor and City Recorder.
Approved by unanimous vote of Council.
14. APPROVE DEDICATION DEED - Portion of Tract "C" Brookway.
(a) City Administrator recommended approval.
(b) Motion by Councilman Cook, seconded by Councilman Brian to authorize
Mayor and City Recorder to sign and execute.
Approved by unanimous vote of Council.
15. ACCEPT STREET DEDICATION - S.W. Serena Way - Pick's Landing.
(a) City Administrator, after locating the street in questions, recommended
approval.
(b) Motion by Councilman Cook, seconded by-,Councilman Brian to authorize Mayor
and City Recorder to sign and execute.
Approved by unanimous vote of Council.
16. CONSIDERATION OF GRAYSON INVESTMENTS REQUEST FOR NON-OCCUPANCY AGREEMENT.
(a) City Administrator, referring to the letter of request from Grayson
Investments, explained his problems with this type of action. He
expressed his fear that the City would not have good control on the
project if we issue building permits and allow construction prior to
obtaining sewer fees. He suggested phasing the sewer connection fees
throughout the project to minimize the cost impact on developers.
(b) Mickey Bowman, Grayson Investments, explained that the request was to
have permission to put in the main line and begin construction, not to
hook up prior to paying fees. He went on to say that if Council were to
approve this, it would mean a delay in getting the fees of only four months.
(c) After much discussion by Council, the City Administrator requested further
study by staff. He went on to say that if additional staff research did
not find any problems with this type of action, he could recommend approval.
Page 4 - Regular Council Meeting - March 12, 1979
TO : '-'AY()N*0-M) (' I 'VY COUNCIL
1W City of 'Cigard
of
Br,ing a portion of the 30.00 ft.)
rjadway dedicated to the public )
in "iosewood Pcrp Tracts" a Sub-)
"livi5ion of record in the '%Jn.Cty).
town plats, and on the North lir-TI?
a, Said Plat.
(A
Petitioner owns land on both sides of dedicated road. Said roa-' -;.,,,rinot
cross tracks and serves no useful purpose.
qi i 11 r:icl ihi, o,i,rcrl
v
L
3 T hI I 'n C', o i . : vacalion is to I-)e bol-nic
c4
in
. 16 •
r(,inh('Inv,, (()r on tf�e ntt�jcllif,d -u i-; 3,
h(--,r(-in is ip,:ide a part ljc,reof) ;md is f (A
!;-d Exhihit "13- (which I)y
",'ee attached exhibit "A" & 11811
j (I t f
I d t 1 ()V i ded I"y
15700 5IJ Upper 800nes Fy. RkI,. 1 t.0
a rk.c A. Susnjjar Lake Osweno, Oregon 97034 i
!A n d also owr4r of land
road
(A rerently purcliaged fx
Mate of Oregon (See attached letter)
X
BANMP L T
R REALTY AND M RGAG, TRUST -5 ( 12.10 - 0 10 02 - 1,C-5;567 6
P-0 - G,0YI ZS 111 A - 001014- F6Fein�
Peter 1a..._
echen Asst. Treas. Poam-p' o 0/21' q )zog 2, S i iIA - oo ioq- Fe5E
,-5- 1 13A - 001 tO - FiFe
1/7
TO: - THE HONORABLE MAYORI%ow-ND CITY COUNCIL
City of Tigard
County of Washington
State of Oregon
In the Matter of the vacation
of lands described as :
Being a portion of the 30.00 ft.)
roadway dedicated to the public ) PETITION FOR VACATION
in "Rosewood Acre Tracts" a sub-)
division of record in the Wn.Cty).
town plats, and on the North lirrp
of said plat.
Petitioners hereby request that the hereinbelow described area be
vacated , fur the following described reason(s) :
Petitioner owns land on both sides of dedicated road,.-- --S,a-i.d-,--r-o.a-d- -can-n,o.t-,--,-
cross tracks and serves no useful purpose.
( 1 ) That the undersilgi,,,-�d is in fact the owner(s) or the contract
of the indicated prop-_-i. -Cy(s) .
( 2) 'I'liat the under,,.-,i-ned represent tracts in or adjacent to the af-i
area as hereinbelow- described.
( 3) That the cost of this vacation is to be borne by the benefited prop-
erties and in respect th,,-�reto respectfully show:
That the area p.-,-oposed hereby to be vacated by the af(,-)i-mentioned
cc.,,�prises approximately —.16 acres , and is legally
dt scrib(-d h,-reinbelow (or on the attached sh_eefinarked Exhibit ''A" which
by r-efer(,nce herein is made a part hereof) and is illustrated on the
attached di':,wing marked Exhibit "B" (which by reference herein is made a
J);Irl lo
See attached exhibit "All & "B"
M1LPE1-(_)P,E, petitioners pray that said lands be vacated as herein re-
(p]( .;t ('d and described and that the City Council of the City of Tigard , Or(•Ion ,
( xp(,dile pro,,--.cedings to that end as provided by law.
Acid i-ess
iap 7- Book1
Tax Pai1e-
r 15700
SW Upper-'Boopes Fy. Rd.- 1403J
Marko A. SusnJarW ILake Oswego, Oregon 97034
-,An.-d- also own Jr__of land
Irecentl
across dedic ted road
y purlhased from
State.
--State of Oregon (See 'attached letter)
X,
U ���hJ�
���X �`N�
»r~ /k ��� & fK�� U
� ����� �� �-��
REGISTERED LAND SURVEYOR
o,en"n Idaho - W^,».ny,^" 8120S.VV. Lo,nbmrdAvonuv " Beaverton, Oregon 970U5 ° Telephone 503 / 6441178
Job No. 2610
January 11 , 1970
LEGAL
FOR
ROAD VACATION
'
A tract of land in the NE4' , NE14 , Section 13, Township 2 South,
Range 1 West, W,M. , Washington County, Oregon, /being a portion of the
30,00 foot roadway dedicated to the public in 'Rosewood Acre Tracfs"
o subdivision of record in the Washington County town plats , anti on
the North line of said plat. ,/ Said portion being more particularly
described as follows:
Commencing at the Northeast corner of "Rosewood Acre Tracts",
being the Northeast corner of said Section 13, also being the
Northeast corner of soid road; thence S 890 34' N o| ong the North | ine
of said road 319.2 feet to the Southwest corner of that tract describaG
in deed to the State of Oregon, by and through its State Highway
Commission, recorded in Book 166 at page 415 of the Washington County
Dead records, and the true point of beginning of the tract herein
described; thence S 080 02/ 121' W 30.]} feet (to o point on a line
described as running from the above described true point of beginnin,-,
3uufhor|y in m straight line to the Southwesterly line of said State
of Oregon property described in said Book 348, Page 268' at a point
200 feet Westerly of, when measured at right angles to, the center
line of the Pacific Highway, formerly West Portland-Hubbard Highway,
BOUNDARY SURVEYS a suaowmmmm = TOPOGRAPHIC MAPPING ° oomsrnocrmmsrAxe^our
. . '
which confer line is referred to in that deed to the State of Ona�on ,
by and through its State Highway Commission, recorded in Book 16c,
Page 679/ of Washington County Record of Deeds) ; thence along the
North | ine of lot »E'' of "Rosewood Acre 7racfs" \ 80» ,l ` N , |h-:l
feet to the Northeasterly right-of-way line of the Souf�ern Pacific
Railroad; thence along said Railroad, on a non-tangent 2496.84 fo.f
radius curve to the right, 39.98 feet along the arc (the long, chord
beers N 410 49' 25^ W 39.98 feet) to the North line of said
"Rosewood Acre Tracts"; thence N RVo 34' E 249.73 feet to the true
point of beginning, containing 0. 16 acres more or less.
T Irs t
1320'
188.57 188.57' 106.57' 188.57 186 57' 1"57' 1 ST 1
TL 201 2,At 300 400 500 600 -M 4`
N�
260 .96 Ac .96 At .06 A: .96 Ac f prat T I
2 3 4 5 I 6 ?N!
i 1000 900 56t(1. VAs4TE0 By C..l.33/3r 1
1 492 At L9P At 13 (PBAc 0 330/8St
Ar.
14 13 12 it 10 9/ 6«a
714
188.57 ( 188.37 IB8 STS 188.57' lg8.5ti 1 _ 8 5/ 168 STS
A i EAST 1255' 2'0 4~ 75'
i 1100 !
44 s.J1At,
N
N
01
='45 -- — _ Sewer Line
Water Line
'r
43
t
N
3.�5• NI f ` / /O�� ��9
r
* « 1200
va 1300 'V .�1400
P.30 At rF� 1
42 !
1401
�15 Ac
345' • / :A �, 11a
o +F Ac. t `
At
1403
41
345'
A T.04AC w
r-- - -._ .o �► CA 10036
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Al m
_ 345' $k1802
�.' �
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1022 A 1800 _
d �
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328 33' ♦ / 331 249,8' 3l9.2.
'8 aj`
SEE MAP
State of*,wkegon
State Highway DepartmentN 13 T2S R I W WM. OWNERSHIP
, iY
CA CQUNTY OREGON
LA L E I"= 200'
Southern Pacific Transipo end t@!!!*any
O'Y,MIERSHIP
MAP
I 12D OWNERSHIP
-F,4)( LOT-
L
-EST 49.2"
69
.
C� go Sol109
Aoc
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E�l 09.30
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Water
Line
0
z in
0
00
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_T
BOO
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S890 52'E
227 212 223
209
01 2.30 *9 92
350'
106 107
7/Ac. Z.04Ac. 19;PAc.
now, s 13"4'1�
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o
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10
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0
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ji
629.1!05 105-Al
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3000' lAC^_TM0 9384/SS4 C J.Q44Ja +605
-,20. 132'____ i32'-T- 132 Zv_ 1545 132
f3Z 132
1 72503 2500
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4
.0
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in 10 9 8 1 7 1 6 ;;1 5 2
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S 69010 E L'49.,,, 3
'
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11200
1,300 :4
,?,!S9 Ac
�ACI
4!�
2
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1403
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294 4(S o
410
co
ce;o
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(C S N 111,02;1
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r J-
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Boo ss'r
C.S. 14,239 OC
T-
104
o w 1 5 68Ac
o
m
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loo
3 G1 14 4OAc
I Uj! 600
.ter 'to
0
A
643 G*
3
Southern Pacific,
Transportation Company
Room 251-N Union Station • 800 Northwest Sixth Avenue• Portland,Oregon 97209 IN REPLY PLEASE REFER TO
J.E.NEAL
SUPERINTENDENT
W.F.CURRIER,JR. January 23, 1979 079
ASSISTANT SUPERINTENDENT
E.A.WOWDEN
ASSISTANT SUPERINTENDENT
J.W.FERGUSON
D.VIS ION ENGINEER
Mr. Marko A. Susnjara
15700 S.W. Upper Boones Ferry Road
Lake Oswego, Oregon 97034
Dear Mr. Susnjara:
This is in response to your letter of January 17, 1979
relative to roadway vacation near our station of Cook.
This is to advise that Southern Pacific Transportation
Company has no objections.
Yours truly,
Id
Z3h
Department of Transportation
STATE HIGHWAY DIVISION
ROBERT W. STRAUB Right of Way Unit
Go""O'
P.O. BOX 02157, PORTLAND, OREGON 97202 PHONE 653-3113
January 5, 1979
Marko A. Susnjara File 19971
15700 S.W. Upper Boones N.Tigard Int.-Norwood Rd. Sec.
Ferry Road Pacific Highway
Lake Oswego, Oregon 97034 Washington County
Dear Mr. Susnjara:
This is to advise those who may be concerned, that since
the Highway Division has sold a parcel of land containing 0.48±
acres and located adjacent to a public way and the Southern Paci-
fic right of way, we have no objections to the vacation of the
said public way.
The attached map shows the parcel which was sold, as well
as the roadway which is proposed for vacation.
Very truly yours,
ENNETH L. ROLFE
Region R/W Supervisor.
KLR:kc
Attachment
cc N. Flanagan
Ir t
75
', � � •3r9 2' o. 3�.
y4'Z
1 W
�'v 1 160
-A
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