6358 ~ Tigardville Heights s
of
CITY OF 11GAR0
CITY OF TIGARD, OREGON
ORDINANCE No. 70-,L_
AN ORDINANCE VACATING A PORTION OF A DEDICATED, UNOPENED STREET'
IN THE N.E.1/4 OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. ,
INVOLVING THE LANDS OF GEORGE PENROSE ET UX AND SCHOOL DISTRICT #23J,
WASHINGTON COUNTY, OREGON.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that pursuant to §271.130 O.R.S. , by
resolution the Council initiated proceedings to vacate a
portion of an unopened, dedicated street as hereinafter described,
and a hearing was thereby called to be held at the regular Council
meeting on June 22, 1970.
Section 2 : The Council further finds that due and regular notice of
said hearing with respect to the proposed vacating of
those certain lands hereinafter described was given as required by
§§271.130 and 271. 110 O.R.S.
Section 3: The Council further finds that pursuant to said resolution
and notice , a hearing was duly and regularly held by the
Council at its regular meeting of June 22, 1970 at 8:00 p.m. , at the
Fowler Junior High School within the City, the time , date and place
previously appointed for said hearing, whereat all objections filed
thereto and all persons and parties interested were duly and regu-
larly heard.
Section 4 : The Council further finds that the owners of a majority
of the area affected, computed as provided in §271 .080 ORS,
have not objected in writing; and the Council finds that the portion
of dedicated unopened street hereinafter described has not been opened
or used by the public for a period of more than 20 years and that all
owners of property abutting thereon have access to their property
from some other public highway. The Council further finds that the
proposed vacation will not substantially affect the market value of
the property abutting upon the area proposed to be vacated, and that
the public interest will not be prejudiced by the vacation of said
portion of dedicated unopened street as hereinafter described.
Section 5 : The Council further finds that there has been filed by
the City Recorder in her office a certificate showing
that all city liens and all taxes have been paid on that portion of
the lands proposed to be vacated as hereinafter described.
Sec tion"` Y`...,3n° cvrrsideration,.,.of the foregoing findings by the Council,
the following described portion of dedicated unopened ,
street or roadway in the N .E.1/4 of Section 11, T2S, R1W, W.M. , Wash-
ington County , Oregon, be, and the same is hereby, vacated and all
rights of the public arising by reason of the dedication thereof be,
and the same are hereby, annulled andheld for naught :
FyGc3
Page 1 - ORDINANCE: No . 70- 2
y
I
Beginning at a point on the East line of Lot 37, TIGARD-
VILLL HEIGHTS , Washington County, Oregon, 40 feet South
of the Northeast corner thereof, thence South alon>r, said
East line to a point 25 feet North of the Northwest corner
of Lot 40, TIGARDVILLE HEIGHTS; thence East parallel to
the Borth line of Lots 40, 41 and 44, TIGARDVILLE HEIGHTS,
and along the North line of that certain area described
in deed of dedication in Book 427 page 499 , Deed Records ,
to the Northeast corner of said dedicated area as so de-
scribed; thence South along the East line of said ded-
cated area as so described and along the East line of
dedicated area described in Book 427 page 169 Deed Records
to a point on the West line of PINEBROOK TERRACE South
25 feet from the Northwest corner of PINEBROOK TERRACE,
said point being also the Southwest corner of area
described in deed of dedication in Book 427 page 169 Deed
Records; thence West along the South line of said area
described in deed of dedication in Book 427 page 169
Deed Records , and the same extended to a point 40 feet West
of the West line of Lot 40 , TIGARDVILLE HEIGHTS; thence
North parallel to the West line of said Lot 40 and parallel
to the East line of Lot , , TIGARDVILLE HEIGHTS, to a
point South 890 38 ' Westfrom the point of beginning;
thence North 890 38' East 40 feet to the point of beginning
of this description.
Section 7 : That the title to the area hereby vacated shall be deter-
.ined as provided in §271.140 O .R.S .
Section 8: T;ie City Recorder be, and she is hereby , authorized and
directed to file with each of the following offices of
Washington County , a certified copy of this ordinance :
i
(a) Department of Revenue and Taxation
(b) County Surveyor, Department of Publ-i c ',forks
(c) Department of Records and Elections , iecor:?ink- Division
Section 9 : The City recorder be , and s ,e is hereby , a�,thorized and
directed to pay to Washington County, Oregon, the fees
required to be pain as prescribed by �271.23() D.R.S. , sub-section (2)
thereof, and any other and further fees for recording services re-
quired pursuant hereto, said payments to be made from the funds depos-
ited heretofore by School District #23J , Washington County, Oregon,
and the City Recorder be, and she is further hereby authorized and
directed to reimburse the City Treasury with all costs incurred in
this proceeding from the deposit heretofore made by School District
#23J as provided by §271. 110( 3) O.RS. and to refund the surplus , if
any , of said deposit to said School District .
Section 10 : Inasmuch as it is necessary for the peace, health and
safety of the people of the City of Tigard, and to pre-
serve the in e r ty the~-tft-le to---the lands affected hereby, an .
emergency is hereby declared to exist, and this ordin6 de -'shall: b-e
effective upon its passage by the Council and approval by the Mayor.
PASSED: By unanimous vote ,af all Council members present , after
Page 2 - ORDINANCE No-70- _ ���� too
�"
1
being read three times by number and title only ,
this 22nd day of June, 1970 •
Recorder - CitY ofarc '
C'
APPROVED: 3y the :;payor, this 22nd day of June, 1970 -
wX
-Mayor - City of.AKgard
.l, DORIS IMRTIG, her-Ly certify that 2 ani t%se duly api.x. j.nte
further certify that I have ii 1 l 1, 0,1:Y of Ordinance
70-21 di th tb�e ori iaal iii my pas e Psion as $::us tou,: i as of the
official records of the City of Tigard, an"? that t1h '41orc:witCh copy
.is a true and coxviplete copy of Ordina�z%--e: 70--21 .
IN WITNESs WHEREOF I stave herelanto set my hand and seal of the
City of Tigard t.ais l th day of July 1970.
r
U f,r� Ca ty Recor er
r .
,
a ` *
� - STATE OF OREGON
ss
County of Washington N.,Lc-d�•!'J
p I, Roger Thomssen,Director of Records and
Ilklec ons and Ex Officio Recorder of Conveya es
forkok
id county, do hereby certify that the wi in
insment of writing was received and recor ed
in of records /
No. ......................................................7 �Y-....
of said County
.. x,
Witness my hand and seal affixed.
��•--- �. •••--- ROGER THOMSSEN,Director o
Re
rds&Elections
S2 Aa *71
Deputy
Page 3 - ORDINANCE No .70- pZ
it"O
July 16# 1970
Administration Offices
Tigard School District No. 23J
13137 S.W. Pacific Hwy.
Tigard, Oregon, 97223
Re.- Vacation - Twalk y Site
Gentlemen:
Enclosed is certified copy of ordinance vacating
a portion of a dedicated unopened—s._treet invo ng lands
of George Penrose et ux and Sc trice #2
The following is an accoun. of cca s incurred by the
City and covered by your de it.
Recording Fee Wn taunt 4.50
14 1-14, veyor 2.50
F.A. Anderson Attorn 38.70
Tigard Times Public N ice 45.39
Title Insuran CO. 4.00
Materials & C ical t* for posting 4.91
$156.06
If I may saver any questions regarding this matter, please
contact
Sincerely,
Doris Hartig
City Recorder
dh
July 16, 1970
Mr. Roger
Department,,"Of Recoi�* & Elections
WashingtQrx County C6t rt House
Hills oro, Oregon, 4,1123
Dear Mr. Tho*sseA:
Enclosed is certifi " copy ot, ordinance 70-22 vacating
a portion of a dediicated unop4jed street involving
lands of George PenlFosse et ux #nd School District #23J.
I am enclosing our c dk fir. tec9rding '%-.he ordinance in
the Washington County teed!""Recordo.
If I may be of further ass.isleA ice please feel
free to contact me.
Doris
Ci ty Ree5fder.
P
enc.
a
cc/ Department of Revenue & Taxation
July 16, 1970
County Surveyor
Department of Public Works
Court House
Hillsboro, Oregon
Dear Sir:
Enclosed is certified copy of Q ce 70- 21 sting
a portion of a dedicated unop st: et involving
lands of George Penrose et nd Sc of District #23J.
I am enclosing our check in t of $2.50 in
accordance with provisions of 271.230.
If I may be of furt as anc o you on this matter,
please feel free t ontact
ncerely,
Doris Rartig
City Recorder
dh
enc.
,l;,,
W
title insurance 12012 S.W. Canyon Road/Beaverton, Oregon 97005
escrows
Phone 646-8181 HEAD OFFICE
425 S.W. FOURTH AVENUE
PHONE 222-3651
City of Tigard Order No. 316122
P.O. Box 23557 June 22, 1970
Tigard, Oregon 97223
Attn: Doris
Gentlemen:
At your request we have checked the Washington County
Assessors records and find the following:
2S1 11AB 3400 23-24 vested in Penrose
1969-70 taxes, $316.23, paid, Receipt No, 82270
1968-69 taxes and 1967-68 taxes both paid.
2S1 11AB 3500 23-24 vested in Penrose
1969-70 taxes, $609.33, paid, Receipt No. 82271
1968-69 taxes and 1967-68 taxes both paid.
Yours truly,
TITLE INSURANCE COMPANY
Jpmes A. Parker
JP: lm
v�a
AFFIDAVIT OF PUBLICATIONS .
NOTICE OF,iPUBLIG HEAR'
ING ON PROPOSED VACA
STATE OF OREGON, 1 TION OF,PORTION OF UN--1'
COUNTY OF WASHINGTON, Jr ss. OPENED`DEDICATED RIGHT=
OF-WAY INTHE N;E:%OF Seel'
Joseph Schafer il,` T2S, Rii ,'fW.k j0011TY OFj
a
TIGARD, �Ti�AS1ITNGTON
h - - - --- - --- ------ - -----
----------_-_----_------_-_---- COUNTY 'OREGON 1 ��ra!r
Pursuant to jr•esolution I`'of the j
being first duly sworn, depose and say that I am the publisher 'City Council o'f,Tigar`dtadopted
X1970 underauthor-
of The Tigard Times, a newspaper of general circulation, as defin d ,4 ity,of,Sections,271.130 Oregon'
Revised,Statutes, Ea public;
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and hearing will be" held i by the;
Council' of the City of Tid
gar
state; that the legal notice, .a printed copy of which is hereto annexed, was at ''of Jim.on Monday`,the er
:day' of"June,'1970 at,Fowler
Jr. High Schooi Library, 12080
published in the entire issue of said newspaper for ____ __5.._....... successive and S-W; Main Street,with:respect
M 21, 28 June 4, 11, 18 to the proposed vacation of the
consecutive weeks in the following.issues ------_____�y_.__..._..............._._____..___________ following described portion of
dedicated unopened roadway in
-
1970 the NE,,Y4 of Sec. 11, T2S,,R1w,
— -_-- — - W.M.'
; City of:Tigard, Wash-1
ington County,Oregon:
...------- ---
- �l`- Beginning ata point on the
(Sign e) East line of.Lot 37, TIGARD-',
VILL HEIGH?jS, Washington
Subscribed and sworn to before me this _--------- __1$th..........__ day of _______ CouTit ,A'Ore o40rfeet South
of to No ,t�tieas � corner':
thereof; thence 'South' along
___._______.JUNE........ 19.0-.. ''said East line to a point,25
/ n'��- feet North o 't40 Northwest
,corner of. Lot" 40, TIGARD-I
------------------------------- ...�- - --- _ _-- - VILLE HEIGHTS; thence East`,
Notary Public of Oregon parallel Ito the North line,,,of
Lots40,;•41 and 44, TIGARD
- c� VILLE'HEIGHTS and"along the
My commission expires ______ 1 North line of that certain area
y- described in ;Deed of Dedica-
tion'-In ,Book` ,427_p.499 Deed;
R e c.or d s; to the Northeast
corner"of,'said dedicated area'
as so 'd-icribed; thence'South'
along`the'East` line of"said de-
dicated area'as "so described=
Land along the,, a t line of de
`dicated area described im Deed
Bock 427 p. 169Deed Records'
to a`point'on the West line of
PINEBROOK TERRACE'i South
215 feet !from`'the' Northwest:
corner thereo ; thence West
along"'the':South' ;line of that'
certain area dedicated in deed!
of record in Book.427 p.'169,
Deed Records and the same
extended to', a 'point 40 'feet
West of the West line'of Lot
-40, TIGARDVILLE HEIGHTS;
thence" North"paiailel to the,
!West line,of said,Lot 40't6 a
,Point bearing South 89°38'
West-40"feet from"the point of°
,beginning of this'description. .•
An y objections or remora=
strances against:;said proposal
to.`"vacate" said ,area ,may beI
made in writing and`filed withl
the 'Recording Officer` prior"to
'the date of the hearing;and ai1,
ob'jectlons filed prior,;to" the
`date of hearing will be 'h'eard"
and considered, and any per-,
son ;'having an °interest, n the!
proposal may'likewise verbal-1
ly'; be heard at said,time and!
place.` I
By�order of the City Council
of Tigard;:this 11 day of May;
1970.
DORIS HARTIG,
AFFIDAVIT OF POSTING
In the Matter of the Proposed
VACATION OF PORTION OF UNOPENED DEDICATED RIGHT-OF-WAY in the
N. E. 1/4 of Section 11, T2S, R1W, W.M.
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, DORIS HARTIG, being first duly sworn, on oath depose
and say:
That I am the duly appointed, qualified and acting Recorder
of the City of Tigard, Oregon;
That I posted in the following public and conspicuous places
within the City, a copy of Notice of Public Hearing of the Vacation
of Portion of Unopened Dedicated Right-of-Way, a copy of said notice
being hereto attached and by reference made a part hereof, on the
25th day of May, 1970.
1. At the front window, exposed to public view of the
City Hall, Main Street, Tigard, Oregon
2. At the front window, exposed to public view, of the
Tigard Water District, Commercial Street, Tigard, Oregon
3. At the S. W. door, exposed to public view, of the United
States National Bank, Main Street, Tigard, Oregon
And, that I posted a copy of said notice on the 22nd day of
May, 1970, at or near each end of the area proposed to be vacated,
and in at least 2 conspicuous places within the area to be vacated,
in the following places:
N. W. corner of Lot 40 fence post
N. E. corner of Lot 40 fence post
50' West of N.W. corner of Lot 44 fence post
Near N. E. corner of Lot 44 on a tree
All notices located within right-of-way.
Subscribed and sworn to before me this da - of June, 1970.
Notary Public for Oregon
My Commission expires: •:~/f:, j
Affidavit of Posting
Y
r.
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF PORTION OF UNOPENED DEDICATED
RIGHT-OF-WAY IN THE NE1/4 of Sec . 11, T2S , R1W, W.M. ,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
Pursuant to resolution of the City Council of Tigard adopted
on May 11 , 1970 under authority of §271.130 Oregon Revised Statutes ,
a public hearing will be held by the Council of the City of Tigard
at 8: 00 p.m. on Monday the _day of June, 1970 at Fowler
Jr. High School Library 12080 S.K. in Street. , with respect to
the proposed vacation of the following described portion of dedicated
unopened roadway in the NU1/4 of Sec . 11, T2S, R1W, W.M. , City of
Tigard, Washington Country , Oregon:
Beginnin�al at a point on the East line of Lot, 37 , TIGARD-
VILLE H .;_GH_ , Washington County , Ore�Ton, 40 feet South
of the .ortheast corner thereof; thence South along. said
East l .ne to a point feet North of the ` orthwest
corner- of Lot 4L, T'IGAR )VT .LIa I1'sIGH`I`S :, toe-,,ae East par-
alle . to the 'L orth line of, .ots 40, 41 and 44 , 7.'1of f_-_�
VILL l' HEIGHT: and along ,;hc North line of t iat certain
area described in Deed of Dedication in ;-ook 427 p . 490
Deed Records , to the Northeast corner of sa-ld dedicated
area as so described; thence South alon_, the east line
of said aedicated area as so described and. aion�- the east t
line of dedicated area described in Deed r�ooit 427 n . 169
Deed Records to a point on the West line o! PINE3R00R
TERRACE South 23 feet from the Northwest corner thereof ;
thence 74est' along the South line of that certain area
dedicated in deed of record in book 427 p . 169 Deed
Records and the same extended to a point 110 feet WEst
of the WEst line of Lot 140 , TIGARDVILLE : LIGHTS ; thence
North -parallel to the 'west line of said Lot 40 to a
point bearinL: South 89038' iciest 40 feet from the point
of oeginning of this description.
Any objections or remonstrances against said proposal to
vacate said area may be made in writing and filed with the Recording
officer prior to the date of the nearing, and all ob`r,ctions filed
prior to t --e Agate of hearinzT, will be heard and considere- , and any
Gerson having an interest in the proposal ri,ay likewise vernally be
r.eard at said time and place.
y order of the City Council of Tigard, this 11 day of
May , 1970
DORIS HARTIG , City :�Lecorder
TT Publish May 21, 28, June 4, 11, 18, 197 0
ANDERSON & D17TMAN
ATTORNEYS AT LAW
TIGARD PROFESSIONAL CENTER
8865 S. W. CENTER STREET
P. O. BOX 23006. TIGARD, OREGON 07223
630.1121
FRED A. ANDERSON y
DERRYCK H. DITTMAN
TO Superintendent of School District #23J
Deb Fennell
FROM Fred. A. Anderson
SUBJECT Vacation - Twality Site
DATE May 12 , 1970
I enclose a copy of resolution adopted by the City Council
of Tigard last evening, setting a hearing with respect to the pro-
posed vacation of public right of way within the boundaries of the
Twality School site .
In accordance with the law, as set forth in Paragraph 3 of
the resolution, it is necessary that the District deposit with the
City , the sum of $100 as to cover the cost of publishing, posting
and other expenses , all of which will be-.--accounted for by the City
in connection with the final disposition of the matter.
//_Will you please , therefore , furnish a draft , drawn payable
to the City Recorder, in the amount of $100' for these purposes .
Fred. A. Anderson
FAA/j
Enc.
1 '
BEFORE THE BOARD OF COMMISSIONERS
WASHINGTON COUNTY, OREGON
In the Matter of Proposed Vacation of No.
Portion of Unopened, dedicated PETITION FOR ORDER
right-of-way in NE1/4 of Sec.11, )
T2S, RlW, W.M.-, Washington OF VACATION
County, Oregon
The petition of UNION 1-11rxii SCHOOL DISTRICT #2 JT. , ("Ligard)
WASHINGTON COUNTY, OREGON, and GEORGE L. PENROSE and ELINORIE S.
PENROSE.. husband and wife , respectfully shows :
(1) That petitioner School District is the owner in fee
simple of all of Lots 37, 40, 41 and .114 , TIGARDVILLE HEIGHTS, a
dedicated plat In Washington County , Oregon.
(2) That petitioners Penrose are the owners In fee simple
of Tax Lots 3400 and 3500, T2SlW 11AB, Washin,rton County , Oregon ,
which said tax lots abut the North boundary of said Lots 40 , 41
and 44, Tigardville Heights.
(3) That heretofore by deed dated February 4 , 1960 and re-
corded February 10 , 1960 in Book 427 at page 169, Washington County
Deed Records, petitioner School District dedicated TO THE PUBLIC
for road purposes the Northerly 25 feet of said Lots 40 , 41 and 44 ,
and petitioners Penrose by similar deed recorded in Book 427 at
page 499 said Deed Records dedicated the Southerly 25 feet of 'Lax
Lot 3400 241-llAB and a portion of the Southerly 25 feet of Tax
Lot 3500.
(4) That the particular portion of the dedicated roadway
hereby sought to be vacated is described as follows :
Beginning at a point on the East line of Lot 37, TIGARD-
VILLZ hLIGHTS. -ton County, Oreton , 40 feet Sohut, Washing
of the Northeast corner thereof; thence South along said
East line to a point 25 feet North of the Northwest corner
of Lot 40, TIGARDVILLE HEIGHTS; thence East parallel to
the North line of Lots 40, 41 and 44 , TIGARDVILLE HEIGHTS
and along the North line of that certain area described in
Deed of Dedication in Book 427 p. 499 Deed Records, to
the Northeast corner of said dedicated area as so described;
thence South along the East line of said dedicated
area as so described and along the East line of dedi-
cated area described in Deed Book 427 p. 169 Deed
Records to a point on the West line of PINEBROOK TERRACE
South 25 feet from the Northwest corner thereof; thence
West along the South line of that certain area dedicated
in deed of record in Book 427 p.169 Deed Records and the
same extended to a point 40 feet West of the West line
of Lot 40, TIGARDVILLE HEIGHTS; thence North parallel
to the West line of said Lot 40 to a point bearing
South 89*38' West 40 feet from the point of beginning
of this description.
(5) That the above described part of the dedicated street
hereby sought to be vacated has not been opened at any time, and
has not at any time been used by the public for any purpose whatso-
ever, and there is no owner of property or properties who would be
denied access to his property by reason of the vacating thereof,
and all properties in anywise abutting on the area sought to be
vacated have access from some other public highway.
(6) That the said area sought to be vacated lies outside
the limits of any incorporated city or town, and the naTes of tl--.,e
persons or owners particularly affected hereby are limited to UNION
HIGH SC AOL DISTRICIT #2 JT. (Tigard) WASHINGTON COUNTY,OREGON, and
GEORGE L. PENROSE and ELINORE S. PENROSE.
WHEREFORE, petitioners pray for an order of the Board of
Commissioners setting a time for hearing of this petition for vaca-
tion, and providing that notice of the pendency of this petition
be given in the manner provided by §271- 010 Oregon Revised Statutes
and that upon hearing of said petition by the Commission that this
petition be granted in its entirety.
IN WITNESS WHEREOF, this petition is executed for aid on
behalf of Union High Sichool District #2 (Ti;,ard) 14'4ishin-ton County,
Oregon, by Its Clerk acting; pursuant to resolution duly passed by
its Board of Directors , and petitioners George L. Penrose and Elinore
S. Penrose , have executed the same by affixing their signatures ,
this /�S day of July, 1966.
UNION HIGH SCHOOL DISTRICT #2 JT. (Tigard)
WASHINGTON COUNTY, OREGON.
�y
Clerk
Geor I,." enrose
. _.� Hare • .�x*os6 _ _ M�
STATE OF OREGON )
)ss.
County of Washington
On this day of July,1966 personally appeared the above
named EILEEN WIE-C—OYEN and acknowledged that she is the Clerk of
Union High School District #2 Jt . , and that the within instrument
was signed by authority of its Board of Directors, and EILEEN
WILCOXEN acknowledged said instrument to be the free act and deed
of said School District .
Before/ me:
��ry u ` b7 or reegon
My Commission expires Feb.7,1968
STATE OF OREGON )
)ss.
County of Washington )
On this day of July, 1966 personally appeared the above
named GEORGE L. MHOSE and ELINORE S PENROSE and acknowledged the
foregoing instrument to be their voluntary act and deed.
Zr
me:
y u c ,or regon.
My Commission expires Feb.7 ,1968