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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�_'-�� k. t 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. r City Recorder Z ti ° m 1 gym- mn CD 110 co 3 02 ;0;0 o a o o a3 T ORD%Ty�1 � No. 72- `.l_..__ m a o a CDn.p o a.-_ m3 v' 7 tD in 0 X N O r^ ` M Q 3 a to T 3 S1. OQ Ln O - ° m - 77 m � o ^goo n m pa � `oa 10 o � ° o ;0 1 0 N CD n� fit, 'e4t k 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: *00 `1 ! I _. { d 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. �� Rospiratl�il3,�r, f r ® lalth C. moa Director of Public Works WT/rb i i ccs M. L. NaMonagle 8945 S.V. Commercial Street Tigard. Oregon 97225 r 4 P f IIIJll,l ��;i IL i r y,A�v 77 ! ACRI ¢ 01 ck ol It �, { p � � s"ray •;��. • � 1 5 Ur IV 17 2 L� d r r 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 KCT/rb ° w 1 N ` r t f o At {t/ j2-729- 79,93, r iA iA V31- `trd rrJl�"1 Q "j BQJ�oARw b i �e Q� 3 •�► tr Q -14 Al VF-Wr77X2!-W i ` zo < + ' (. ���is!' �f F t 3 vat-• � � 1 - � � ." • 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 D 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 CT/rb 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 � t tir✓ vrWr 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 { r MEMORANDUM TO : Keith Thompson " Tigard Public Works Department ¢'4i FROM: Fred. A.Anderson � SUBJECT: VERMILYE VACATION AND DEDICATION {Kins w 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 7.L "s. a.F z y C, 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.