11249 ~ Pine Street CITY OF TIGARD, OREGON
ORDINANCE No-72-
AN ORDINANCE AMENDING ORDINANCE No. 71-14 BY CORRECTING AND
RESTATING THE DESCRIPTION OF THAT PORTION OF DEDICATED STREET TO BE
VACATED WITHIN THE SUBDIVISION OF "KINGSTON" , AND CORRECTING THE
DESCRIPTION OF AREA TO BE DEDICATED TO THE PUBLIC BY DEED FOR STREET
AND ROAD PURPOSES IN LIEU THEREOF, AND PRESCRIBING EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1 : The City Council finds that the description of that
portion of a dedicated street within the subdivision
of "KINGSTON" within the City of Tigard, Washington County , Oregon,
proposed by Ordinance No. 71-14 to be vacated, was misdescribed and
that such description should be corrected as hereinafter set forth.
Section 2: The Council further finds that the description of the
area required by said Ordinance No. 71-14 to be dedi-
cated for street purposes and therein denoted as TRACT II , in lieu
of the area to be vacated and therein denoted as TRACT I , was mis-
stated and should likewise be corrected.
Section 3 : The Council further finds that pursuant to §271.120 ORS
the correction of the descriptions of TRACTS I and II
may properly be accomplished without further hearing.
Section 4 : That EXHIBIT "A" relating to TRACTS ? and II of Ordinance
No . 71-14 adopted by the City Council on April 12 , 1971,
be , and the same is hereby amended as follows :
(a) The description of TRACT I of EXHIBIT "A" as attached to
Ordinance No. 71.-14 , is amended to conform to the description of
TRACT I of EXHIBIT "A" hereto attached and by reference made a part
hereof.
(b) The description of TRACT II of EXHIBIT "A" as attached
to Ordinance No . 71-14 , is amended to conform to the description of
TRACT II of EXHIBIT "A" hereto attached and by reference made a part
hereof.
Section 5: In all other respects said Ordinance No. 71-14 be, and
tl`e same is hereby , ratified and confirmed and the
requirements tnereof shall remain in full force and effect .
Section 6 : This ordinance shall be effective on the 31st day after
its passage by the Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present , after
eine- read three times by number and title only , this
1 4 rilday of Fr-+`inriwj � 1972
Trecorder '^- City of Tigard
President of Council 1972
APPROVED: u,:y the ! ,<yr,/ this ,, day of , ,
V
President, of COunCi
-- i y f Tigard
ORDINANCE No . 7�_'-��
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EXHIBIT "A"
TRACT I: Beginning at a 5/8" iron rod marking the southwesterly
corner of Lot 17, Block 1 of Kingston Plat, also being
on the easterly right-of-way line of S. W. Pacific
Highway West , in the County of Washinton and State of
Oregon; t:,ence South 45°33'16" East 9W. 28 feet along
the southerly line of Lot 17 to the westerly right-
of-way line of S. W. Main Street 40. 0 feet from center
line when measured at right angles thereto; thence
South 47057144" West 46 .19 feet along said westerly
right-of-way to a 5/8" iron rod; thence North 41°07122"
West 94 .12 feet to a 5/8" iron rod on the easterly
right-of-way line of S. W. Pacific Highway West ; thence
North 47a�7144" East 38.91 feet to the point of be-
ginning.
TRACE II : Beginning at a point on the southerly right-of-way
line of S . W. Pacific Highway 99W, South 47051' 44"
West 38.91 feet from the northwesterly corner of Lot 17 ,
Block 1 , KINGSTON, a duly recorded subdivision of
Wasiington County , Oregon; thence South 47051 ' 44" West
11.18 Feet to a point ; thence North 45033-1/6" West
r; feet to a point; thence South 53°13' 57" West along
said highway right-of-way line 38.54 feet to a point;
thence South 4107122" East 102.65 feet to a point on
the northerly line of S. W. Main Street , City of
Tigard , Washington County, Oregon; thence North 470
57 ' 44" East 50 feet along the northerly line of
S. W. Main Street to a point; thence North 41°7 ' 22"
West 94.12 feet to the point of true beginning
STATE OF OREGON )
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. �,2 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. 7.2
IN WITNESS WHEREOF I have hereunto set my hand and the seal
of the City of Tigard this day of 1972.
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City Recorder
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February 21, 1972
Department of Records Elections
W"hi.ngton county Courthouse
Hillsboro, Oregon 97123
Re: Street Vacation, Ordinance No. 71-14
as amended by Ordinance No. 72-4.
Dear Stir t
Enclosed is certified copy QST ordinances regarding vacation of
dedicated unopened portion of dedicated street within the
atubd3Evicion 4i "Kingstano and correcting the description of
area to be dedicated to than public for a street. Please record
in the Washington County deed records. our cheek to cover
Costs is enclosed.
D 'Thank you for your assistance in this matter.
gincerely,
Doris $artig
City Recorder
MIN
Enclosures
CC3 Department of Revenue a Taxations Attention: Assessor
Department of Public works, Attentions County Surveyor
(b) Motion to approve recommendation of City Administrator;
Councilwoman Paisley, seconded by Councilman Norton.
Approved by unanimous vote of Council present.
9. BUDGET COMMITTEE
(a) City Administrator stated the positions of David Heyer and
Hugh Mayes Jr. were vacant and recommended the following
appointment:
Mrs. Roger L. Freed (Carol) , 11905 S.W. Bur lcrest Dr. , to
. serve through budget year of 1975.
(b) Motion to approve recommendation of City Administrator:
Councilman Moore, seconded by Councilman Norton.
Approved by unanimous vote of Council present.
10. SALARY/BENEFIT COMMITTEE
(a) City Administrator suggested appointment of Salary/Benefit
Committee to make recommendations to Budget Committee on
employee salary and fringe benefits. The following were
recommended to serve for one year terms-.
Mr. Earl Reid, 13275 S.W. Ash Drive
Mr. Lou Girod,• 11390 SaW. 92nd Avenue
Councilman Charles L. Norton
Miss Loreen Mills, Tigard Employees Association
Mr. Robert Oliverio, Tigard Police Officers Association
City Administrator Stephen Telfer
(b) Motion to approve recommendation of City Administrator:
Councilwoman Paisley, - seconded by Councilman Moore.
Approved by unanimous vote of Council present.
11. ORDINANCE No. 72-4 AN ORDINANCE AMENDING ORDINANCE No. 71-14
BY CORRECTING AND RESTATING THE DESCRIPTION
OF THAT PORTION OF DEDICATED STREET TO BE
VACATED WITHIN THE SUBDIVISION OF "KINGSTON",
AND CORRECTING THE DESCRIPTION OF AREA TO BE
DEDICATED TO THE PUBLIC BY DEED FOR STREET AND
ROAD PURPOSES IN LIEU THEREOF, AND PRESCRIBING
EFFECTIVE DATE.
(a) City Attorney stated the amended ordinance would dedicate to
City 50' strip of property between S.W. Main Street and
Highway 99W right-of-way.
(b) Motion to adopts Councilman Nortong seconded by Councilman
Moore.
Approved by unanimous vote of Council.
12. ORDINANCE No. 72-5 AN ORDINANCE AUTHORIZING CONDITIONAL USE (S)
ON LANDS OF WILBUR S. SPOHN AND NANCY D. SPOHN
in Section 2, T2S, R1W, Willamette Meridian,
TIGARD, WASHINGTON COUNTY, OREGON.
Request for conditional use approval to allow
temporary housing for night watchman on an M-3
Light Industrial parcel located on the north
side of S.W. Burnham Street, approximately 800
feet southeast of S.W. Main Street, Map 2S1 2AD,
Tax Lot 1500. Application approved by Planning
Commission.
PAGE 2 - COUNCIL MINUTES - FEBRUARY 14, 1972
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS, That IiOBART P . VERMILYE and
J ,A T S . VERMILYE., husband and wife, and DONALD E DOHERTY and
F"UNICE M. DOHERTY., husband and wife , being the owners - in possession
of the following; described real premises , do hereby give , grant and
dedicate TO Ij— .PUBLIC for street, road and utility purposes , all
of the following described real property in the County of Washington,
State of Oregon :
Beginning at a point on the Southerly
right-of---way line of S .W. Pacific Highway ,
99w, South 47°51144'? West 38. 91 feet from
the Northwesterly corner of Lot 17, Block 1 ,
;KINGSTON , a duly recorded subdivision of ��
Washington County , Oregon ; thence South 47°51 '
4411 West 11. 13 feet to a point; thence North
45()33--1/6" West 5 feet to a point; thence South
53013157" West , along the said highway right--of
way line, 38.54 feet to a point ; thenceS41"7122 f1
East 102 .65 feet to ' a point on the Northerly line
of S .W. Main Street , City of Tigard, Washington
County , Oregon; thence North 47057 , 44" East 50
feet along; the Northerly line of S .W. Main Street
to a point ; thence North 41°7122" West 94 . 12 feet to the
point of true beginning.
The actual consideration for this transfer is the vacating
by the City of Tigard of lands of equal value to which, by reason
of such vacating, Grantors will become the owners, with an estimated
value of
IN WITCIESS WHEREOF. grant rs have hereunto set their hands
and seals this ' 4� day of .��µ 1971 .
STATE 0-7 OREGON ) ��
ss .
County of Washington )
On this day of �L'-�='Z" `"`'.`, 1.971, Personally
appeared the above named HOBART P . VcRMILYE and JEAN S . VERMILYE.,
husband and wife , and DONALD E. DOHERTY and EUNICE M. DOHERTY,
4iusband and wife , and ac';nowledged the foregoing; instrument to be
their voluntary act and deed.
Bre me
otary -Fub11C for epon
My Comm. expires :4z-!'.�-'�
--mss
The foregoing dedication is approved pursuant to resolution
of the Planning Commission of the City of Tigard, duly adopted on the
day of July, 1972 .
airman, ann ng ommiss on
Dated:
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TOT Fred A. green
FROKt Leith C.
SUWW?s Pine Street
DAitiG t July 6. 1911
It has am* to my attention UO past of the lost
included in the legal by Ull amm4law. &OW dddieitlen
of Pine Street is awned by DenoU Z. Dom. I brae
show that portion in red on the smalosure.
h
When Mr. Doherty toot tl.tle it we inured IW
Pioneer National. lobe we sbou .d have a title report
on the Sinal legal since there seems to be 'so mob oao-
fusian.
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Director of Public Works
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8945 S.V. Commercial Street
Tigard. Oregon 97225
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MEMORANDUM
TO: Steve Telfer
FROM: Keith C. Thompson
SUBJECT: Pine Street
DATE: June 29, 1971
Enclosed is a plot of how Mr. Anderson wants the
dedication and vacation of Pine Street.
Respectfp
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June 29, 1971
Hobert P. Vermi2yee
11272 Sow. Capital Hi
Portland, Egon 97' 19
Deer Mr. Ura lye t
The City Council at its regular meeting Jane 28, 1971,
declined to share in the cost of the surrey for reloca-
tion of Pine Street. i'"h*ir decision was based on the
te.ct that no public benefit was received.
I have asked 11.L. McMonsgle Associates to bili. ;you for
the entire cost of the survey. if you have an question
regarding the amount of the bill* I would recommend
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talking With Mr. Bili. McMonagle.
I an very sorry for the confusion regarding the City's
ability to share In the cast of the survey.
Respee tfully,#
ith C. Thompson
Director of Public works
Enclosure
qac a Wo Lo Oragle
Ju—na- 29t 1971
W L. MeMonngle Associates
8905 Sow. Commercial
Tigard, Oregon 97223
Deer 3111t
The City Council at its regular meeting June 28, 1971s
declined to share in the cost of surveying Pine Strett.
Your bill in that amount of $358.00 is hereby returned
and you are requested to bill. Mr. Vermiiye for the
entire surY'ey.
DRespectfully,
Koi h C. s5
Director of Public Vark s
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Enclosure
MEMORANDUM
TO: Fred Anderson
FROM: Keith Thompson
SUBJECT: Pine Street
DATE: June 28, 1971
As per your request, we have changed the legal -
description for that portion of Pine Street to be
dedicated and vacated. Enclosed is a copy of the
recommended legal and plot plan.
I am not sure how we can handle this with the
Council action, but will leave this matter in your
capable hands.
Respect
D
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June 17, 1971
MEMORANDUM
To: Fred Anderson
From: Keith Thompson
Subject: Vermilye Vacation and Dedieation
Enclosed is a copy of the survey for the dedication and vacation
of Pine Street. The corrections shown are being made before
it is recorded.
The legal prepared for the ordinance was based on the deeds
to the property. if the deed information is used, the
distances and bearings are correct. If we use the enclosed
survey information, the legal could read as per enclosed
Exhibit "A".
I feel that either legal could be used, and would recommend
that the City use which ever one would most legally be accepted
Dgather the deed information or survey information.
Respectfully,
Keith C. Thompson
Director of Public Works
KCT:lm
Exhibit "A"
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS, That HOBART P. VERMILYE and
JEAN S. VERMILYE, husband and wife, being the owners in possession
of the following described real premises, do hereby give, grant and
dedicate TO THE PUBLIC for street, road and utility purposes, all
of the following described real property in the County of Washing-
ton, State of Oregon:
Beginning at a point on the easterly line of
Lot 1 Block 3 of the KINGSTON subdivision, a subdivision
of record in said County, said point being South 450 33 '
16" East of the most Northerly corner; running thence
South 530 13 ' 37 " West, on a line directed at the most
,lesterly corner of Lot 2 Block 3 of said subdivision a
distance of •40. 25 feet; thence South 410 07 ' 22" East
87 . 89 feet to an iron pipe on northerly right of way line
of S.W. Main Street; thence North 470 57 ' 44" East 46.79
feet; thence North 450 33 ' 16" West 84. 28 feet to the
point of beginning.
The actual consideration for this transfer is the vacating
by the City of Tigard of lands of equal value to which, by
reason of- such vacating, Grantors will become owner, with an
estimated value of. $
IN WITNESS t%HEREOF, grantors have hereunto set their hands
and seals this _ day of 1971.
(SEAL)
(SEAL)
STATE OF OREGON )
)
County of Washington) On this day of 1971
personally appeared the above named HOBART P. VERMILYE and JEAN S.
VERMILYE and acknowledged the foregoing instrument to be their
voluntary act and deed.
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS, That HOBART P. VERMILYE and
JEAN S. VERMILYE, husband and wife, being the owners in possession
of the following described real premises, do hereby give, grant and
dedicate TO THE PUBLIC for street, road and utility purposes, all
of the following described real property in the County of Washing-
ton, State of Oregon:
That tract of land in the Northeast Quarter of
Section 2, Township 2 South, Range 1 West , W.M. , Wash-
ington County, Oregon, being more particularly de-
scribed as follows, to-wit:
Beginning at the most Easterly corner of Lot 1,
Block 3 of KINGSTON, a subdivision of record in said
County; thence running North 46012' West , along the
Northeasterly line of Lot 1, a distance of 90.0 feet
to a point which bears South 46012' East 10.0 feet
from the most Northerly corner of said Lot 1; thence
South 52050' West, on a line directed at the most
Wdsterly corner of Lot 2, Block 3 of said subdivision,
a distance of 39.65 feet to an iron pipe; thence
South 41027' East , along the outside edge of the
pilasters of the present building, a distance of 93.6
feet to a point on the Southeasterly line of said Lot 1;
said Southeasterly line of Lot 1 also being the Nobth-
westerly right-of-way boundary line of 60' wide Taylor's
Bridge Road (now 80' wide S.W. Main Street) ; thence
North 47025' East , along the Southeasterly line of
said Lot 1, a distance of 46.8 feet to the point of
beginning of this description; EXCEPT that portion of
land which is within the right-of-way of 80' wide
S. W. Main Street and is dedicated to the public for
roadway purposes.
The actual consideration for this transfer is the vacating
by the City of Tigard of lands of equal value to which, by reason
of such vacating, Grantors will become the owner, with an estimated
value of $
IN WITNESS WHEREOF, grantors have hereunto set their hands
and seals this day of , 1971•
(SEAL)
(SEAL)
STATE OF OREGON )
County of Washington ) On this day of , 1971 person-
ally appeared the above named, HOBART F. VERMILYE and MAN S. VERMILYE
and acknowledged the foregoing instrument to be their voluntary act
and deed.
Before me:
Notary Publ1c for Oregon
My Commission expires :
'1e
APPROVED AS TO DESCRIPTION
City of Tigard
Department of Public Works
By:
APPROVED AS TO FORM
By:
Fred. A. Anderson_
Attorney for City of Tigard
APPROVED FOR RECORDING
Planning Commission
City of Tigard
By :
Pres dent
C
RECEIVE
APR 211971
CITY OF TIGOD
April 20, 1971 {
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MEMORANDUM TO : Keith Thompson "
Tigard Public Works Department ¢'4i
FROM: Fred. A.Anderson �
SUBJECT: VERMILYE VACATION AND DEDICATION {Kins
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I enclose for your consideration copy of proposed Deed of
Dedication from Hobart P. Vermilye et ux TO THE PUBLIC .
I want to be absolutely certain that vacating the lands de-
scribed as TRACT I, and dedicating the lands described as TRACT II
in Ordinance 71-14, will result in a 50-foot public way.
In order that I may be assured of this result , I ask that
you furnish me a plat showing the areas to be respectively vacated
and dedicated, with the end result indicated as 50 feet remaining
for public use .
Fre A. Anderson
FAA: cb --�
"EXHIBIT A"
TRACT I
That tract of land in the Northeast Quarter of Section 2 , Township
2 South, Range 1 West, W.M. , Washington County, Oregon, being more
particularly described as follows, to-wit:
Beginning at the most Southerly corner of Lot 17 , Block 1 of Kingston,
a subdivision of record in said County; thence running North 46*121
West, along the Southwest line of Lot 17, a distance of 90.0 feet
to a point which bears South 46012 ' East 10.0 feet from the most
Westerly corner of said Lot 17; thence South 52050 ' West, parallel
to the Southeasterly right-of-way boundary line of State Primary
Highway No. 1 West (S.W. Pacific Highway West) , a distance of 39.65
feet to a point; thence South 41*27 ' East a distance of 93.6 feet
to a point on a Southwesterly extension of the Southeast boundary
line of said Lot 17 ; said southeast line of Lot 17 also being the
Northwesterly right-of-way boundary line of 60 feet wide Taylors
Bridge Road (now 80 feet wide S.W. Main Street. ) ; thence North
47025 ' East, along the said extension of the Southeast line of Lot
17 , a distance of 46.8 feet to the point of beginning of this
description. EXCEPT that portion of land which is within the right-
of-way of 80 foot wide S.W. Main Street and is dedicated to the
public for roadway purposes.
TRACT II
That tract of land in the Northeast Quarter of Section 2,
Township 2 South, Range 1 West, W.M., Washington County, Oregon,
being more particularly described as follows, to-wit:
Beginning at the most Easterly corner of Lot 1, Block 3 of
Kingston, a subdivision of record in said County; thence running
North 46012 ' West, along the Northeasterly line of Lot 1, a
distance of 90.0 feet to a point which bears South 460121 East
10 .0 feet from the most Northerly corner of said Lot- 1,*thence
South 52050 ' West, on a line directed at the most Westerly corner
of Lot 2, Block 3 of said subdivision, a distance of 39.65 feet
to an iron pipe; thence South 41027 'East, along the outside edge
of the pilasters of the present building, a distance of 93.6 feet
to a point on the Southeasterly line of said Lot 1; said South-
easterly line of Lot 1 also being the Northwesterly right-of-way
boundary line of 60 ' wide Taylor's Bridge Road (now 80 ' wide S. W.
Main Street) ; thence North 470251 East, along the Southeasterly line of
said Lot 1, a distance of 46.8 feet to the paint of beginning of
this description. EXCEPT that portion of land which is within the
right-of-way of 80 ' wide S. W. Main Street and is dedicated to
the public for roadway purposes.
,
CITY OF TIGARD, OREGON r
ORDINANCE No- 71-d_4 f
C=RDI?,wi_'E VACATING PORTIONS OF A DEDICATED STREET WITHIN
111HE O[J3a:1ZV S'IC}I1 OF `}\'TNGSTON", CITY OF TIGARD, WASHINGTON COUNTY,
OTiEC,(')N; V".C;-1.,I11JN TI C" F OF TO BE SUBJECT TO AND CONDITIONED UPON
DE7IC `I}I� i C i''r
CAT r Pb 3aJIC BY DEED OF EQUAL AREA IN LIEU THEREOF AND
APPROVAL THE-1EOF BY CITY PLANNING COMMISSION PURSUANT TO §§92.014
AND 227 . 100 O. R.:S . ; PROVIDING FOR EFFECTIVE DATE AND DECLARING AN
EMERGENCY.
THE (,'1'':'Y OF TIGARD ORDAINS AS FOLLOWS :
Section 1 : The City Council finds that heretofore on the 8-th day of
February, 1971 by resolution duly passed, proceedings
were initiated by the Council pursuant to §271. 130 ORS to vacate the
portions of a df: dicated street within the subdivision of "KINGSTON"
within the City) described as TRACT I on Exhibit "A" hereto attached
and by reference made a part hereof.
Section 2 : The Council further finds that pursuant to said resolu-
tionl due and legal notice was given as required by
§271. 110 C} ?tip of a time and place for hearing of said proposed vacatlon
and a public h.eari.ng was duly and regularly held by trze Council on
Monday , March 22, 1971 at Fowler Junior High School within the City
and all. obligations filed thereto were duly heard and considered,
and all interested persons appearing thereat were afforded an oppor-
tunity to `)e 'eara with respect thereto for or against vacating of
said ar( s , and ::.rife Council thereafter continued the said matter until
Its reEu-lar 1~�eet ngl of April 12, 1971.
Section : 'IThe Council further finds that the said 'clearing as con-
tinued was reconvened and all persons further desiring
to be heard were afforded an opportunity to be heard, and based on
t'he forei�oinur, tree Council finds that the public interest will not
be prejudiced b,, vacation of said portions of said street , provided
that elual area as described in TRACT II of Exhibit "A" is dedicated
to t :e public by creed for street purposes in lieu thereof; and the
Council finds 'Uhat iiith said lieu dedication, and subject to the
conn-tions her�_Inafter stated, the vacation of said area described
as FRAC°T I c>f - x ,ibit "A" is in the public interest .
Section 4 : "r t:at; the vacation of TRACT I of Exhibit "A" be , and the
:sa.rrc is , hereby approved, to be effective as hereinafter
sI at to eac'i� and all of the following conditions :
i.a) Ti Tat the owner or owners of the lands described
'r,,_: 1 �)f -- xhib-:.t. "A" shall, on or before
May 15.
make , €execute , acknowledge ancz deliver,
lir reg rr
,:,� daUle "orm approved by the Cita lhttorne,y, a good
anci : (Peed of dedication of the lands described
In ,a i .'t 'I"RA(Ul" 11 to the public for street >urposes , said
;?t ;''<.i ."'a-1 ed by a plat `ho.JFn; the area of
r:CI thl arf'a to be ded:1..0- 1 d i:l lieu thereof,
(RS , arid, suci1 1 {. u c3Sui'�t2Cf'S
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as the City Attorney may reasonably require, showing fee
simple title vested in the parties executing said deed.
(b ) `That said deed and title assurances upon
approval by the City Attorney, shall be submitted to the
City Planning, Commission for consideration, pursuant to
§§92 . 011 arid .^'27. 100 ORS, who after consideration thereof
shall either approve or disapprove the dedication for
street purposes of the area described as TRACT II of
::.,xhib:it "A." in lieu of the area hereby conditionally
vacated and described as TRACT I of Exhibit "A" . The
approval, if any, of the PlanningCommission shall be
endorsed upon said deed and shall bear the signature of
the President thereof acting pursuant to resolution of
the Commission.
(c ) Upon such approval, if any, said deed of dedi-
cation together with a certified copy of this ordinance
shall bt submitted for recording to the Recorder of the
County pu4-suant to §271.150 ORS, and a certified copy of
this ordinance shall likewise be filed with the Depart-
ment of Revenue and Taxation (Assessor) , and the Depart-
ment of public Works (County Surveyor) , all as provided
i.n 5271.. 150 CARS .
Section 5 : Thr;.'. nothing herein contained shall cause or require the
removal or abandonment of any sewer, gas or water main,
electrical conduit, or any other public utility facility, and the
right hereby is reserved to the owner of any such public utility
facility to maintain, continue, repair, reconstruct , renew, replace,
rebuild and/or enlarge any and all such things ; that no building or �
structure of any kind shall be built or erected within a distance of
ten feet from the centerline of any such utility, except with the }
written consent of the City Department of Public Works and the owner
of the utility first obtained, and that any and all contemplated
building; plans in said vacated area shall be submitted for approval
to the City :Department of Public Works , to the end that such con-
struction may be so adjusted with reference to all public utilities
in said area as to cause a minimum of danger or inconvenience to the
public and to the owner of such utility and to protect and preserve
the same as presently constructed or hereafter reconstructed, renewed,
replaced and/or enlarged.
Section 6 : That vacation of the area described as TRACT I of Exhibit
"A" -hall be effective upon such date as all requirements
hereof have beer: fully met and. the provisions of §271.150 ORS have
received full compliance and the City Council has by ordinance ratified
all proceedings and has made a further finding that all requirements
hereof Lavey been fulfilled.
Section 7 : Inasmuch as it is necessary for the peace , health and
safety of the people of the City of Tigard that the
z:>regoln� ma#:tsars )Da- resolved at the earliest possible date to pro-
tect the pulblicnticrest , ars emergency is hereby declared to exist
and this ordlinance:= , _.t ject to all of its terms and conditions , shall
beco: c: effective up ,-)- Its passage by the Council and approval of the
iay
PASSi? ;mous vete of all Council members present , after be-
r,"-ad
e-
r,"- d three times by number and title only , this 12th
# rpil , 1971 . 1
Recorder - Cit4T f ' gad
Pae
T m"{
APPROVED: By the Mayor, this 12th day of April, 1971 .
Maya - City of Tigard
t
Pag
1
i
i
"EXHIBIT A"
TRACT I
PI'lat. *t:-acr .=:o >. in the Northeast Quarter of Section 2, Township '
2 `rout;.,, west, W.M. , Washington County, Oregon, being more
Els follows, til—wit.
3t5c ;, t:x�ir�x �t ' he most Southerly corner of Lot 17 , Block 1 of Kingston,
�x(:1; 'Of record in said County; thence running North 46°12'
WesIL , aiori x c .-;,_)at:`'iwest line of Lot 17 , a distance of 90. 0 feet
to .a pein t wl. cf7 Ljear. South 46012 ' East 10.0 feet from the most
,ve: L1er_Lv c orrier of s:#iu Lot 17 ; thence South 52°50 ' Nest, parallel
to t1he Sc> c. :sterly right-of-way boundary line of State Primary
tliC f-way i.c: . A,(.,st (S .W. Pacific Highway West) , a distance of 39.65
feet t--) a r1- z-it ; thence South 41°27 ' East a distance of 93.6 feet
to a r;f=i a`: on a f <outhwesterly extension of the Southeast boundary
links of i_ot 17 ; said southeast line of Lot 17 also being the
Nurthwcv5,,,ur y right-of-way boundary line of 60 feet wide Taylors
Brl ge: P,, .a.,.4 (now 80 feet wide S.W. Main Street. ) ; thence North
47°25 ' Ea: t , along the said extension of the Southeast line of Lot
17 , <i of 46 . 8 feet to the point of beginning of this
dE -,cr i;;t i or, . EXCEPT that portion of land which is within the *right-
of-way of 80 fc >t wide S.W. Main Street and is dedicated to the
pubs' rc. purposes.
TRACT II
'`hat ` r,:(_ ). ::nd in the Northeast Quarter of Section 2,
Range 1 West, W.M., Washington County, Oregon,
hein,- m(<,,*:e I.--artcularly described as follows, to-wit :
bec,i n;,i nc: 3t.. F most Easterly corner of Lot 1, Block 3 of
st_0livi�:.iion of record in said County; thence running
North 4( 1112 ' along the Northeasterly line 0f Lot 1, a
9,,) .0 feet to a point which bears South 46012 ' East
4et .frori: the most Northerly corner of said Lot J;thence
Scut '- c>n a line directed at the most Westerly corner
3 of said subdivision, a distance of 39.65 feet
to an Aron pipe, thence South 41427East, along the outside edge
of tr;e r.i list rs of the present building, a distance of 93.6 feet
to a point on the Southeasterly line of said Lot 1; said South-
(;aste,r',y line. of Lot 1 also being the Northwesterly right-of-way
60 ' wine Taylor's Bridge Road (now 80 ' wide S. W.
,"zin 6tret t) , fl ence> North 47025 ' East, along the Southeasterly line of
sai, Z � w 1, _ 14, stance of 46.8 feet to the point of beginning of
this ;i4 .: rift: .::r. . EXCEPT that portion of land which is within the
orf SO ' ;aide S. W. Main Street and is dedicated to
Y. . dway purposes .
STATE OF OREGON }
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. 74` 1:Z of the City of Tigard with the original in
my possession as custodian of the official records of the City of Gi
Tigard, and that the herewith copy is a correct transcript of the
whole of Ordinance No.
XTIgESS,. WHEREOF I have hereunto set my hand and the seal
.o£,the �,1't �Of !Pigard this ,1./ day of 1972.
i
City Recorder'�.
Ile
HOBART P.VERMILVE
11272 S.W.CAPITOL HWY.
PORTLAND,OREGON 97219
March 22., 1971
The Honorable Mayor and Council
City of Tigard Oregon
Dear Sirs:
This is to state that if it is the decision of the
Tigard City Council to vacate the road as requested in
my petition, I would then like to offer all of my lot
next to the Doherty building and known as Tax Lot 3800
,in exchange for the present roadway.
Both areas are paved and each have equal curb
entrances to Main Street and so would present no
difficulty in using my Tax Lot 3800 as the roadway.
Very truly yours,
H. P. Vermilye
F +. FO1tM No. 723- EED--jjARrA1N AND SALE
fi,1 � 'r � KNOW ALL MEN BY THESE PRESENTS, That
7-
grantor u.
in consideration of
f AI' ,: - _ _ - -Dollars,
S
to J _ paid by
grantee ,
do hereby grant, bargain, sell and convey unto the said grantee 's heirs and assigns, all the
following real property, with the tenements, hereditaments and appurtenances, sibiated in the County of
_ and State of Oregon, bounded and described as follows, to-wit:
a.
I + o
--
I49 �. c
t.
c. ` -
1 f 1 72 oat"
,t S n; .E..� Lam?i
el
i�
i
i;
I,
To Have and to Hold, the above described and granted premises unto the said grantee N, ..= a -X
heirs and assigns 1prever.
Witness hands and seals. this..__ _ t'1" _ .day of. H .- .---_ __. .--. 19u...
f
v-
,
-------- - (SEAL)
I ,
ISTATE OF OREGON, as f
-ar:...`-e=te: � k :.,'r:k ^-: .. . t'^ "t„%-z�» rt7w '•a�.� _ y.o.,,
1. The hsio*o ;4 -1 St covered by this policy: tl—r :'lt,i rety. ;
c
IT
c
J�
2. Description of the tract of land the title to which is insured by this policy: Situ,Ite in 'the
:011211 j' i1 .n” ton, ,tt' "I'c—on, to-Wit .
R
e;;ynin2 i� ,sturly c<jrner of lot t s 'lock 3, of Kin ;Lton,
i`:
vv. 4ra h ni uon County, �.
-re, �,� ' t-ur 1"-ence n longi: lot l ^e ca0 `ect to a
�f ._ .f �• WCr� w � ��• 'wei E. o;>t nOrt}-'AvT"'it'orn�:r or' lot l ; s:
thcncc IaO' at the serl.; corner of
Lot w , 1c ,- � , �, �. t��rl ��. d'-1. ne ? of 3`;.6j fc;et to an iron i,e ;
tC,c. :icE� . ° �:? . �1 ter.: x e sur„.1 � e ud;_c off' t.le ��l.x_a� ter s of til<; z resent
1 1ie lot i;
6herice i. . f. 7
' t er;'=; ) rtf' place oi� beg-n::.i:l .
J �4
I/s S
husband and wife
. ..._ _ _.
in consideration of e22.and .no/100
to us paid by Jai S. V IMLY`E and HOBART P. _Vr'.�Rtdtl.YE, her husband
grantees, i
do - hereby grant, bargain, sell and convey unto the said grantees, as tenants try the entirety and not as tenants
in community property, their heirs and assigns,all the following real property, with the tenements, hereditaments
and appurtenances, situated in the County of Washington and State of Oregon, bounded and
described as follows, to-wit:
All of Lot One (1), Block Three (3), KSNGSTUI, as shown on the
duly recorded zap and plat thereof, except the southwesterly 6
feet thereof, and that portion heretofore conveyed to H. E. and
' Anna Doherty .for right-of-way purposes
Also a re tial right-of-way wa for road roses over and across
Ae P � y purposes
a 15 foot strip of?and as described in deed book 263, page 539,
Deed ",ecords of Washington County, Oregon.
4
To Have and to Hold the above described and granted premises unto the said grantees as tenants by the
entirety, their heirs and assigns forever.
And the grantor s do- -covenant that �heY ,Ire ---lawfully seized in fee simple of the above granted
premises free from all incumbrances, _•- -- _.__ -.-._._.---_........... ........................_._.-._..--.----_._----- .___....__._._..---.._ ._.
Lit theY will and. - their ,heirs, executors and administrators, shall warrant and forever defend
pmibes, and every ,part and parcel thereof, ajainat the IwOW claims and demands of On
f PORTLAND GENERAL ELECTRIC COMPANY
YAMHILL DIVISION
� 700 First Street
Newberg, Oregon 97132
March 22, 1971
City of Tigard
12420 S. W. Main Street
Tigard, Oregon 97223
Gentlemen:
On March 3rd I wrote a letter of opposition to a proposed
vacating of a roadway behind the Johnson-Doherty Building wherein the
Portland General Electric has its District Office because closure
would create a hardship by restricting access to our storeroom by
trucks and other rolling equipment.
Subsequently, I have been contacted by Mr. Hobart Vermilye,
the party seeking the closure. He indicates that, as his plans are
now, rather than vacating the 50' street, it will more serve his
purpose to exchange the present location to a 50' street adjoining
Doherty's north wall.
If this is the situation, and no closure of public access
to Main Street is intended I have no objection to this relocation,
as long as there is guaranteed a loop access around the building
ending at Commercial Street.
Very tru yours,
Pete Perrine
Tigard District Manager
v
f PORTLAND GENERAL ELECTRIC COMPANY
4
YAMHILL DIVISION
700 First Street
1` ! Newberg, Oregon 87132
March 3, 1971
City of Tigard
12420 S. W. Main Street
Tigard, Oregon 97223
Gentlemen.
Portland General Electric Company has its district office and
storeroom in the Johnson Building in Tigard. Posted on the pole at the
rear of the building is a notice by the City that there is an intention
to vacate part of the roadway behind the building and also the outlet to
Main Street. This would, in effect, make a dead-end alley, with only an
approach from Commercial Street available to us.
Line trucks use this present throughway every work day, and
even other days when there are storm emergencies. A loading platform
is used at the rear of the building to load materials when necessary.
There are times when more than one line truck or other equipment is in
this area at the same time.
I feel it necessary to protest closure of the roadway due to
the space restrictions in turning trucks and trailers around, as not
only are our vehicles involved but at the same time there are certain
truck deliveries to the restaurant next door that would occasionally
inhibit maneuvering space.
ery ly yours,
1�
Pete Perrine
Tigard District Manager
'K
r�
y0
''MMr Phone 639.9691
Area Code 503
WWN ILLAM GREW COMPANY
12436 S.W. MAIN TIGARD, OREGON 97223
March 22, 1971
City of Tigard
c/o The City Council
12420 S.W. Main
Tigard, Oregon 97223
Gentlemen;
Last December, Willamette Screw & Supply Company moved
from 12436 S.W. Main St. to its present location at
12245 S.W. Main St.
The reason for relocation was for larger quarters, plus
excellent shipping and receiving facilities.
We are now faced with the closure of a dedicated street
located east of our store. This closure would greatly
hamper our business.
The dedicated street is traveled every day by our
customers. . Shipments delivered by our truck and by
incoming freight use this street. This street is the
only access route to our loading dock.
Please take our situation under your consideration
when voting on this matter.
Very truly yours,
WILLAMETTE SCREW & SUPPLY CO.
Cl de W. Olsen
Manager
CO/jg
cc; Don E. Doherty
TOOZE POWERS KERR TOOZE & PETERSON
LAMAS TOOZE
JAMES ARTHUR POWERS ATTORNEYS AT LAW
ROBERT M.KERR 801 STANDARD PLAZA
LAMAR TOOZE,JR- PORTLAND,OREGON 97204
EDWIN J.PETERSON
EARLE P.SKOW TELEPHONE 223-5181
ARDENE.SHENKER
CHAS.R.HOLLOWAY,n1
PAUL R.DUDEN
REES C.JOHNSON
STEPHEN R.FRANK
WM.G.SHERIDAN,JR.
E.RICHARD BODYFELT
LADD A.BAUMANN
March 19 , 1971
City of Tigard
Tigard
Oregon
Attention: Mrs. Doris Hartig
City Recorder
Reference : Our File : 2275
Please consider this letter a written objection to the proposed
vacation of a portion of a dedicated street in the subdivision
of "Kingston" in the city of Tigard, Washington County, Oregon ,
described in a notice of public hearing published in The Times
on February 18, 1971, and other times , a copy of which is
attached to this letter. This objection is filed on behalf of
Mrs. J. 0. Johnson, 12289 SW Main Street, Tigard, Oregon, who
owns property abutting the dedicated street which the City
Council of Tigard proposes to vacate.
Mrs. Johnson objects to the proposed vacation for the follow-
ing reasons :
1. Mrs. Johnson understands that the street to be
vacated is a county road over which the Board of
County Commissioners of Washington County has never
surrendered jurisdiction to the city of Tigard. The
city of Tigard therefore has no legal authority to
vacate the street, and such attempted action by the
city of Tigard would have no legal effect.
2. A street can be vacated only if the city of Tigard
determines that it is no longer required for public
use and that there is a public necessity for its
vacation, or that it is for the public benefit that
such action be taken. There has been no finding by
City of Tigard
March 19 , 1971
Page 2
the City Council of Tigard that this street is
no longer required for public use. To the contrary,
it would be to the detriment of the public if the
City Council attempted to vacate the street,
especially in terms of fire and police protection
in the area.
3. Under ORS 271. 130 (1) , the Oregon statutory
provision cited in the enclosed notice of public
hearing, no street can be vacated without the
consent of the owners of the abutting property
if the vacation will substantially affect the
market value of such property, unless the city
governing body provides for paying damages . In
Mrs. Johnson' s opinion, the proposed vacation
would substantially affect the market value of
her property because of the loss of access from
the east end of the back of her property to a
public road. Such loss of access could result
in loss of tenants presently leasing a portion of
Mrs. Johnson' s property and a reduction in the
rental value of her property. The city recorder
already has on file a letter dated March 3 , 1971 ,
from Portland General Electric Company , which has
its district office and storeroom in Mrs . Johnson's
building, indicating the difficulties that that
tenant would have if the proposed street were
vacated. Mrs . Johnson objects to the proposed
vacation unless the City Council of Tigard is
prepared to pay Mrs . Johnson damage for the
depreciation in the market value of her property.
4. ORS 271. 130 (1) also provides that the vacation
shall not be made if the owners of a majority of
the area affected, computed on the basis provided
in ORS 271.080 , object in writing thereto. Mrs .
Johnson contends that she is the owner of a
majority of the area affected and that vacation
of the street over her objection would be contrary
to the provisions of ORS 271. 130 .
C. Johnso
Alt orney for rs . Johnson
cc : Mrs . Johnson
1-TOMWIL I-IWZ!err W-A-rrT-T7P-.A6T-j GAS COMIRLOLINT"Y"
123 N.W. FLANDERS STREET
PORTLAND, OREGON 97209
226-4211 - AREA CODE 503
March 16, 1971
The City Council
City of Tigard, Oregon
c/o City Hall
Tigard, Oregon
Gentlemen:
It has been brought to our attention that a public hearing concerning
the vacation of a portion of S.W. Pine Street between Main Street and
the Highway is to be held Monday, March 22 at Fowler Jr. High School .
Since Northwest Natural Gas Company has facilities on this street,
installed under city permits, we request that the language of the
ordinance indicates our right to operate and maintain this line
continuously (as is indicated in Section 6 paragraph 5 of ordinance
62-7 covering our franchise).
We would like to suggest a standard utilities protection paragraph
similar to that used by the City of Portland (copy attached).
We will appreciate your consideration in this matter and should you
have any questions concerning this request, please feel free to
contact us.
Very truly yours,
' 4
�Bladeren
Supervising Engineer
JVB:i
cc: K. Thompson, City of Tigard
D.W. Mills
attach.
CITY OF
c. Nothing_,�rein contained shall cau�'` or require the
removal or abandonment of any sewer or gas main or water
main, with the exception of the water main set forth in
subsection (b) - herein, conduit of any kind, wire, pole or thing
used, or intended to be used, for any public service, and the
right hereby is reserved for the owner of any such utility or thing
to maintain, continue, repair, reconstruct., renew, replace,
J I
reUUJLA.U' and/ur enlarge any and ail such -things; that no
building or &LrucLure of any kind shall be built or erected within
a Ustance of ten feet from the center line of any such
utility, except with the written consent of the City Engineer
and the owner of the utility first obtained, and tKat any- an..3 all.
contemplated building plans in said vacated area ' shall be sub-
mitted for approval to the City Engineer and to the Director of the
-ie er cmay be
. Bureau of Buildings, .to tI d that such constru.-
tion
, so adjusted with reference to all public utilities in said
area as to cause a minimum of danger or inconvenience to the
public and to the owner of such utility and to protect and preserve
the same as presently constructed or .hereafter reconstructed,
renewed, replaced and/or enlarged.
f� 7g
,PUBL C NOTICE "
r
AFFIDAVIT OF PUBLICATION NOTICE
� UBLIC`HE�A�RING
SON"PRpPOSED U`ACATIO
PORTION�'O£�DE DICi}A =>
STATE OF OREGON, UNO�ENED,} "REET AND
COUNTY OF WASHINGTON,
ss. GALLEY WITHIN SU,.BDI.
Ilt' `!`KINGSTON,"� CITY 7
ITIGAAD,, 'WASHING
Joseph Schafer - - --_-- CcouNTY,o.REGON
I, ------------- ------ --------------
- �. .Pursuant;to resolution o
City,,Council..of Tigard ado
being first duly sworn, depose and say that I am the publisher ___�_-_____--____ on February, 8, 197,1 uncle
thority,of.271a30.Oregon;
of The Tigard Times, a newspaper of general circulation, as defined 9yised Statutes, a'pubhc h;
ding will.be•,heldby:�the�'o
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and ofM o nd ay;'=„ Tigard>•ah,'2 P.M'
� March;2a2;�l
, 9
Fowler ,Junior High ,Sc
state; that the legal notice, a printed copy of which is hereto annexed, was lVigard, Oregon, with `re
ito the` proposedf�acation o
published in the entire issue of said newspaper for successive and }following ;;described Porti'
�d e dic at e'd unopenedFs
consecutive weeks in the following issues -__-- ' 1�_-11 1 - ___m�11'._.�� ___.7l and/or alley, in the subdiv
of :KINGSTONin,the'
Tig'ard, Washington Co
— - __------- —__— --—-- -- -----------------------
r n.,,,,
Thatlportion
--- kion' "2, R1Ws:",�
(Signa e 'Washington . County, Or
b e i n g more particulars
scribed as follows,to wit:
Subscribed and sworn to before me this -____._...._.1;1�Z__--____-___--- day of __________ Beginning at a:pomt
=bears N 46°12' W 'a'Ais
�2a�': 1 of,5.0 feet from the`most;
19__._.7 Aeriy corner, of ,Lot 3,
3, Kingston; a"subdivisi
record iri=said County;
--- - - ---------- . ..------- _-2 ----_._.------_. :.
Notary Public of Oregon point, of beginning; also
-the ;point of intersection
northeasterly boundary'ii
My commission expires 'said Lot 3 with:the scut
�
, =-- teriy right-of-way bou
Tine:of.State Primary,Hi
No',l.West(S.W.�Pacific
Way; West); thence ru
iS53°04'W. .,'along�: said
highway boundary line,
Rance of.<106.7'feet,t6�a,'
(of intersection ,with',the:6
'westeriy boundary,J'inu ;o
3;'Ahence southeasterly,';
the: southwesterly,�,bou'
line of Lot 3,; stan`
A5:0•feet"to the;most sou
""corner,thereof;�.tliencer N
E across the northwe
'portion of;Lots 1`arid 2 0
-Block 3, a distance of;
feet, more`;or less,,
�,omlthe 'northeasterly,,bou
line of said LLot .1, said
on 'the northeasterly bou
line of Lot :1 '�aiso ,.x;
S46°12' 'E.`'A''dista 'ce o
i feet ,from,the `m6st: '
,corner of" Lot'",J. t
�P46012'E.,,alon' the nort
erly boundary;line;of Lo
distance of,°.;90,0 feet;:
most easterly.•'corner of
•said .mostx easterly, eor
l,ot 1 being a',point
{northeriy;'right`,of way
!pry,lune of,60' wide Ta
'Bridge'=
N47°26'E.. a distance !,o„
feet to ,the most sou
corner of:=Lot 17, Bloc
(said
N46°12'W.,;along'the sout
terly ibouridary line of;�s
17 a.'distance ;of,=;100
►nore,or,less,;to,apom'
terseetion with:the said`
S easterly right of=way
ry line"of State Primar,
way No. 1.West
Hwy: West); thence,°;sou
�teriy, along said;St 16 H
boundary;;: ine to,the,.p
beginning of this,`desc
,EXCEPT °'�p
�thatorti, ri
which is iwithin thejt,ri
,way.:
11,40,
AFFIDAVIT OF POSTING
OF
NOTICE OF HEARING
"KINGSTON" VACATION PROCEEDINGS
STATE OF OREGON
) ss .
County of Washington )
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 on the IL day of February, 1971, 1 posted in the follow-
ing public and conspicuous places within the area proposed to be
vacated, a copy of Notice of Public Hearing with respect to proposed
street and/or alley to be vacated., in the subdivision of "Kingston" ,
City of Tigard, a copy of said notice being hereto attached and by
reference made a part hereof.
South end - P.G.E. pole # 5555
North end - Light pole S .W. Main Street
Northerly corner property of Doherty - in right of way
rear of building
West side in 50' dedication
I d1 ,517 L,(-2
Subscribed and sworn to before me his day of February, 1971.
Notary Public for-fin
My Commission expires :/?/��P..- 7Z
Affidavit of Posting
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF PORTION OF DEDICATED UNOPENED
STREET AND/OR ALLEY WITHIN SUBDIVISION OF "KINGSTON" ,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
Pursuant to resolution of the City Council of Tigard adopted
on February 8, 1971 under authority of §271 -130 Oregon Revised Statutes ,
a public hearing will be held by the Council of Tigard at 8 :00 P.M. on
Monday, March 22, 1971 at Fowler Junior High School, Tigard, Oregon,
with respect to the proposed vacation of the following described
portion of dedicated unopened street and/or alley in the subdivision
of "'KINGSTON" ,. in the City of Tigard, Washington County, Oregon:
That portion of land in Section 2,, T25, RlW, W.1`4. ,
Has- inston County, Oregon, being more particularly
described as follows ., to-wit :
Beginning at a point which bears iv 1-160121 1,1. a dis-
tance of 5 . 0 feet from the most easterly corner of Lot 3 ,
Block 3, Iingston, a subdivision of record in said County;
said point of beginning also being the point of -inter-
section of the northeasterly boundary line of said Lot 3
with the southeasterly right-of-way boundary line of
State Primary Highway I,�o. l West (S.W.Pacific Hi --hway "Iest) ;
thence running S5 3°011 '1T. along said State Iii �hway boundary
line , a distance of 106 . 7 feet to a point of intersection
with the southwesterly boundary line of Lot 3; thence
southeasterly, along the southwesterly boundary line of
Lot 3, a distance of 15 . 0 feet to the most southerly corner
thereof; thence -IN15300111 E. across the northwesterly portion
of Lots 1 and 2 of said Block 3, a distance of 1011 . 5 feet,
more or less , to a point on the northeasterly boundary line
of said Lot 1, saidpoint on the northeasterly boundary line
of Lot 1 also bears S460121 E. a distance of 10 . 0 feet from
the most northerly corner of Lot 1; thence 511061121E. along
the northeasterly boundary line of Lot 1, a distance of 90 . 0
feet to the most easterly corner of Lot 1, said most easterly
corner of Lot 1 being a point on the northerly right-of-way
boundary line of 601 wide Taylor' s Bridge Road (now 801 wide
S.W.11,1ain St . ) ; thence N47'261E. a distance of 50.0 feet to
the most southerly corner of Lot 17, Block 1 of said sub-
division; thence 1,11160121W. along the southwesterly boundary
line of said Lot 17, a distance of 100 feet., more or less,
to a point of intersection with the said southeasterly right-
of-way boundary line of State Primary Highway No. 1 West (S.W.
Pacific Hwy.Wost) ; thence southwesterly, along said State
Highway boundary line to the point of beginning of this
description; EXCEPT that portion of land which is within the
right-of-way of 180' wide S.W. Main Street and is dedicated
to the public for roadway purposes .
Any objections or remonstrances against said proposal to
vacate said area may be made in writin�.-
,, and filed with the City e-
corder prior to the date of the hearing, and all objections filed
prior to the date of hearing will be heard 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 8th day of
February, 1971.
DORIS HARTIG, City Recorder
CITY OF IGARD* OREGON
A RISOLUTION CONC RbINC VACATION'ION CP A PORTION CP DEVICATZC
UNO EL STRUT AND/Opt ALUI WI IX Tilt S UADIVISI OP "tlht63 b*,
0F T, BAR NA�� MO TOM COUM .
WHIRZA3, the area, described can the attached sh+eot, des3 ated
Exhibit "A" and by this reference de a part herearjo part of a
dedicated, unopened street and/or alley In the Otln stop* subdivision
within the corporate limits of the City of Tigard, Washington Counter,
Oregon; and
WfiZRKAS,0 %bee said lands harree not at any time served a public
purpose and ars► as situated as to be of no usefulness now or in the
future, as part of the public street system of the City; and
WMXRZA3v it appears to be in twee public latereest that the said
area be vaeeated and restored to the tax rolls and mad* av*llable for
development and use by the adjoining property owners to whose, land*
the same, if va stod, would atttash and
WHEREAS,, pursuant to 271.130 CR3 the City Council may initiate,
vacation proes9dings as suthori xod in Chapter 211 ORS without a pcet1-
tion or oansent of the property owners and may otherwise eeo nduot such
pra►exeeedings in ave ordanco with said chapter,
Now 11 THIMPORAm
BE IT lREi+CLVLD by the City Counall of Tigard, as follows:
(1) 'That a public hearing is hereby called to be hold
by theCity douneail of Tigard on Xandlaty, Kaarch 22,
1971 at ftwrler Junior High 3choowl within the City of
Tigard, beginning at 9:00 p.m, , at wh1sh time and
platoo theeCounall shall boar any objections th ersto,
and any Interested person may appear and be heard
for or against the proposed Y*cotlng, of said lands,.
(2) 'That the, City Recorder be, and *he is hereby, muth-
orlsod and directed to cause to haaee published In
the Tigard 'Timos, a► newspaper of general alroulatlon
In the City or Tigard hereby designated for such
purpose, at notion of *acid hearing in 'thee form hereto
attached and by this reference scads a part hereof,
the First publication to be made on than 11th y of
Peebruary, 1971, and mm* each week thereafter for
four publishing* its all.
"The Resor or be, and acho is hereby, fucrthor directed
to cause to have posted within five (5) days after
the date or first publication, a copy of said notice
In the form, hereto actta,shod, at or near each *ad of
the oroa W proposed to be vasat", a" In a, it o n,
the Recorder shall post a ,copy of said notice ih at
least two (2) oonsplauou:s plaeos, within the, area(s)
proposed to be vacated* all of sait,'ipostinas to be
aecoomplish*d within the time herein stated..
(3) that the particular portions of dodiaatod street and/
or alley proposed to be rraeeacteed ar* dessribe4 on the
a►ttsabod sbewrt heea►deed Earhl blt "A" and by this arofoar-
eenoe read* a part hereof.
Resolution Tl•-1- PASSED BY TH3 COUNCIL February S. 19T1
Stephen M. Telfer
Sard City Administrator
garde Oregon
ear Mr. Telfer:
I will be grateful if you will please
bring before the City Council my request.
that the street between tax lot 5500
(former Ball Ford Bldg.) and tax lot 3800
(Adjacent to Coast to Coast Store) be va—
cated.
Mrs. Vermilye and I two
properties on the two sides of ti-iis street
which now dead enclAinto viaduct.