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99-091538 ~ Ross Street ~ Hall Boulevard RETURN RECORDED DOCUMENT TO: STATE OF OREGON CITY RECORDS SECTION, } SS County of Washington CITY OF TIGARD I, Jerry R i- n �i�,: r 13125 SW Hall Blvd. ;�elf of Assess- Tigard,OR 97223 ment and bLxatlon and, Ex�ffidio County g Clerk fors aunty;,dol' y mortify that the within instr6m tof,wrlt1'ng was�rceceived � and rel°rde¢ .' F roklm rec)ards�of said � county Jerry R' Hansom-Director of 1 S ­s,tt and i'axation, Ex- O°fficsltoii 1Clerk Doc 90091538 Rect: 237133 97. 00 08/04/1999 11:31: 38am -TTY OF TIGARD,OREGON ORDINANCE NO. 99-15 AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 9,381 SQUARE FOOT PORTION OF THE ROSS STREET RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on April 13, 1999 and approval has been recommended by the Community Development Department; and WHEREAS, the approximately 9,381 square foot portion of said easement had been previously dedicated to the public; and WHEREAS, the City has a proved Hampton Court, a residential subdivision (formerly known as Elderberry Square)under SUB 98-0013/PDR 98-0011;and WHEREAS, right-of-way for a new alignment of a portion of Ross Street has been dedicated and will be improved to City standards concurrent with the development of said subdivision; and WHEREAS,upon completion of the new alignment,the old Ross Street right-of-way will no longer be needed by the Public; and WHEREAS,all affected service providers have reviewed the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS,in accordance with Tigard Municipal Code Section 15.08.120,the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS,the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on April 13, 1999, finds that it is in the public interest to approve the request to vacate said detour easement as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130. WHEREAS,the Council finds that the following conditions are necessary to vacate said land: 1. Construction of improvements to the new alignment of Ross Street, as approved under SUB 98-0013/PDR 98-0011 (Elderberry Square Subdivision), shall be completed and accepted by the City prior to final vacation of said portion of SW Ross Street. 2. Vacation shall be subject to reservation of a Public Utility Easement over the entire vacated area. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 9,381 square foot portion of right-of-way as shown and described on the attached Exhibits A and B (map and legal description of the area to be vacated), and by this reference,made part thereof SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1. Construction of improvements to the new alignment of Ross Street, as approved under SUB 98-0013/PDR 98-0011 (Elderberry Square Subdivision), shall be completed and accepted by the City prior to final vacation of said portion of SW Ross Street. 2. Vacation shall be subject to reservation of a Public Utility Easement over the entire vacated area. ORDINANCE No.99- 15 i:\curpin\rnark\vacateross-ord (6/8/99 City Council Public Hearing) SE&ION 3: This ordinance , '.l be effective 30 days after its passa by the Council, approval by the Mayor,and post` 'by the City Recorder. 1400 PASSED: By U r)0LVT1MQW5 vote of ajl Council members present after being read by number and title only,this �;d of ' 1999. Catherine-Wheatley, City Recorder .Ldn APPROVED: By Tigard City Council this day of ' 1999. s tco i, ayor Approve s to fo m: Citytto ey Date Certified to be a True Copy of Original on file a-� T4Ad CJ-,i e By: City Recorder• City of Tigard Date: I N ORDINANCE No.99- � iAcurpin\mark\vacateross-ord (6/8/99 City Council Public Hearing) EXHIBIT MAP EXHIBIT "A" FOR A STREET VACATION A PORTION OF S.W. ROSS STREET (C.R. NO. 1290) LOCATED IN THE SW 1/4 OF SECTION 12, IN T 2 S. R 1 W. VMLLAMETTE MERIDIAN CITY OF TIGARD WASHINGTON COUNTY, OREGON MAY 26, 1999 S.W. ROSS STREET (C.R. NO. 1290) I 451f N89`2 10"E r 282.8x` iIn n o z S8912a'1a'W 185.20, .- POINT OF SEGINN1NG N89`20'100E ago 45.01" i PROPOSED RIGHT—OF—WAY � Gj DEDICATION 04 d �o z r. o � O1` CURVE TABLE DELTA I RADIUS LENGTH CHORD CH DIST to z 1 19'52'16" 230. 7 ' J 4 LEGEND: _ PROPOSED STREET VACATION! 0,385 ACRUES E FEET V} --'D' 1-1/4" BRASS DISK IN MON. Bax SHEET 2 OF 2 SW COR, SEC, 12 JOB NO. MAT006 its 12 WELD PER USST BK 2, PG 10 14 13 R D E 8 I G N I N C 10450 SW NIMBUS AYE.. PORTLAND, OREGON 97223 'x''(503) 603-9933 FAX: (503) 603-9944 PLANNERS■ENGINEERS r LANDSCAPE ARCHITECTS t SURVEYORS EXHIBIT "B's STREET VACATION TIGARD, OREGON S.W. ROSS STREET(C.R. NO. 1290) JOB NO, MAT006 MAY 27, 1999 LEGAL DESCRIPTION: A 45.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF S.W. ROSS STREET(C.R. NO. 1290)SITUATED IN THE SOUTHWEST QUARTER OF SECTION 12 IN TOWNSHIP 2 SOUTH. RANGE I WEST, WILLAMETTE MERIDIAN AND LOCATED IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, SAID STRIP DESCRIBED SPECIFICALLY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID S.W. ROSS STREET(C.R. NO, 1290), 20.00 FEET SOUTHERLY FROM THE CENTERLINE THEREOF, MEASURED PERPENDICULAR THERETO, WITH A LINE 45.00 FEET EASTERLY OF THE CENTERLINE OF S.W. HALL BOULEVARD(C.R. NO. 23), MEASURED PERPENDICULAR THERETO, SAID POINT OF BEGINNING BEARS NORTH 00c37'55" EAST, 2286.69 FEET AND NORTH 89020'10" EAST,45.01 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 12;THENCE PARALLEL WITH THE CENTERLINE OF SAID S.W. HALL BOULEVARD NORTH 00037'55" EAST, 45.01 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID S.W- ROSS STREET, 25.00 FEET NORTHERLY FROM THE CENTERLINE THEREOF, MEASURED PERPENDICULAR THERETO, THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 8920'10"EAST, 282.60 FEET TO THE BEGINNING OF A NON- TANGENT CURVE: THENCEALONGTHE ARC OF A 230.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY,THROUGH A CENTRAL ANGLE OF 19052'16"(THE LONG CHORD BEARS SOUTH 67'025*55"WEST, 79.37 FEET)A DISTANCE OF 79.77 FEET TO A POINT OF TANGENCY, THENCE SOUTH 57°29'47"WEST, 29.17 FEET70 SAID SOUTHERLY RIGHT-OF-WAY LINE OF S.W. ROSS STREET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89-20'10"WEST, 185.20 FEET TO THE POINT OF BEGINNING. CONTAINS 9,381 SQUARE FEET(0.215 ACRES) SHEET 1 OF 2 P P-1-1 FE':3S L jT-,'Cl)' T T. Tr r___ "� Nl 'A"Al 1.*,Al'l : 7P AGENDA ITEM# For Agenda of: June 8, 1999 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Vacation of an approximately 9,381 square foot portion of the SW Ross Street right- of-3yaj,east of SW Hall Boulevard. PREPARED BY: Mark J. Roberts DEPT HEAD OK ITY ADMIN OK L04 -- ISSUE BEFORi THE COUNCIL Should the City Council vacate an approximately 9,381 square foot portion of the SW Ross Street right-of-way, east of SW Hall Boulevard? STAFF RECOMMENDATION It is recommended that Council approve the vacation as requested. Staff recommends approval of the vacation request with the condition that all improvements to the new Ross Street alignment are complete and accepted by the City prior to final vacation of the old right-of-way and that the vacation be subject to reservation of a public utility easement. INFORMATION SUMMARY The City Council initiated this Vacation on April 13, 1999(Attachment 2,Resolution No. 99-23.) Lynn and Monica McDonald requested that the City Council vacate an approximately 9,381 square foot portion of public right-of-way on SW Ross Street east of SW Hall Boulevard. The right-of-way had previously been dedicated to the public. This right-of-way is partially improved but due to the re-alignment of SW Ross Street that will provide a signal at the Sattler/Hall/Ross intersection, there will be no further public need for the "old" Ross Street right-of-way. Right-of-way for the new alignment of Ross Street has been dedicated and Matrix Development will perform the street construction and intersection signalization work. This work was a condition of approval of the adjacent Applewood Park subdivision and will be completed in conjunction with the approved Hampton Court subdivision (formerly Elderberry Square). The petitioners are requesting that the City vacate this portion of the public right-of-way so that it may be incorporated into the Hampton Court subdivision. Ross Street is listed as a minor collector street on the Comprehensive Plan Transportation Map. Appropriate agencies have been contacted for comments and did not provide any objections to the proposed vacation. PGE and GTE both commented on the need to provide easements for existing utilities. The City Engineering Department also noted the need to maintain the existing Public Utility Easement. Attachments: ATTACHMENT 1 - (Proposed Ordinance) * "Exhibit A"- (Site Plan) * "Exhibit B11 - (Legal Description) ATTACHMENT 2 - (Resolution No.99-23 Initiating The Vacation) OTHER ALTERNATIVES CONSIDERED I Deny the easement vacation request. 2. Take no action at this time. Ross Street Vacation i:\curpin\mark\vacateross-sumsheet (6/8/9}City Council Public Hearing) VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES There are no fiscal impacts as a result of this request as all fees have been paid by the applicant. Ross Street Vacation is\curpin\mark\vacateross-sumsheet (618/94 City Council Public Hearing) 1TY OF TIGARD,OREGON ORDINANCE NO.99- AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 9,381 SQUARE FOOT PORTION OF THE ROSS STREET RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on April 13, 1999 and approval has been recommended by the Community Development Department; and WHEREAS, the approximately 9,381 square foot portion of said easement had been previously dedicated to the public; and WHEREAS, the City has approved Hampton Court, a residential subdivision (formerly known as Elderberry Square)under SUB 98-0013/PDR 98-0011; and WHEREAS, right-of-way for a new alignment of a portion of Ross Street has been dedicated and will be improved to City standards concurrent with the development of said subdivision; and WHEREAS,upon completion of the new alignment, the old Ross Street right-of-way will no longer be needed by the Public; and WHEREAS,all affected service providers have reviewed the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code Section 15.08.120,the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS,the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on April 13, 1999, finds that it is in the public interest to approve the request to vacate said detour easement as the public interest will not be prejudiced by this vacation,as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130. WHEREAS,the Council finds that the following conditions are necessary to vacate said land: 1. Construction of improvements to the new alignment of Ross Street, as approved under SUB 98-0013/PDR 98-0011 (Elderberry Square Subdivision), shall be completed and accepted by the City prior to final vacation of said portion of SW Ross Street. 2. Vacation shall be subject to reservation of a Public Utility Easement over the entire vacated area. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 9,381 square foot portion of right-of-way as shown and described on the attached Exhibits A and B (map and legal description of the area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1. Construction of improvements to the new alignment of Ross Street, as approved under SUB 98-0013/PDR 98-0011 (Elderberry Square Subdivision), shall be completed and accepted by the City prior to final vacation of said portion of SW Ross Street. 2. Vacation shall be subject to reservation of a Public Utility Easement over the entire vacated area. ORDINANCE No.99- iAcurpin\tnark\vacateross-ord (6/8/99 City Council Public Hearing) SECTION 3: This ordinanc( call be effective 30 days after its pas. by the Council, approval by the Mayor, and posLing by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this_day of ' 1999. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of ) 1999. James Nicoli,Mayor Approved as to form: City Attorney Date ORDINANCE No.99- i:\curpin\rnark\vacatcross-ord (6/8/99 City Council Public Hearing) EXHIBIT MAP EXHIBIT "A" FOR A STREET VACATION A PORTION OF S.W. MOSS STREET (C.R. NO. 1290) LOCATED IN THE SW 1/4 OF SECTION 12, IN T 2 % R 1 W. WILLAMETTE MERIDIAN CITY OF TTGARD WASHINGTON COUNTY, OREGON MAY 26, 1999 S.W. ROSS STREET (C-R. NO. 1290) 1 454Jwr N$9`2910"E 282-W / g b r z `4 S$9 2Q' O'W 185.2x'-7\- POINT OF BEGINNING N89'20'1 O*E �G 45,01' �J PROPOSED RIGHT-OF-WAY A� G)g DEDICATION CIA z ul I•, CURVE TABLE O g DELTA I RADIUS LENGTH I CHORD CH DIST C13 Z 1 191216" I 230.OQ7, 7977' IS6725755-Wi 79.17' QJ LEGEND: = 30' PROPOSED STREET VACATION 9,381 SQUARE FEETu 3 0.215 ACRES vi FD. 1-1/4" BRASS DISK IN IRON, BOX SHEET 2 OF 2 SW COR. SEC. 12 ,108 NO. MATOW 11 12 HELD PER USBT BK 2, PG 10 14 13 D E 8 1 G N I N C 10450 SW NIMBUS AVE.. PORTLAND, OREGON 97223 $"(503) 603-9933 FAX: (503) 603-9944 PLANNERS r ENGINEERS■LANDSCAPE ARCHITECTS r SURVEYORS EXHIBIT "B99 STREET VACATION TIGARD, OREGON S.W. ROSS STREET(C.R. NO, 1290) JOB NO. MAT006 MAY 27, 1999 LEGAL DESCRIPTION: A 45.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF S.W. ROSS STREET(C.R- NO_ 1290) SITUATED IN THE SOUTHWEST QUARTER OF SECTION 12 IN TOWNSHIP 2 SOUTH. RANGE I WEST, WILLAMETTE MERIDIAN AND LOCATED IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, SAID STRIP DESCRIBED SPECIFICALLY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID S.W. ROSS STREET(C.R. NO. 1290),20.00 FEET SOUTHERLY FROM THE CENTERLINE THEREOF, MEASURED PERPENDICULAR THERETO, WITH A LINE 45.00 FEET EASTERLY OF THE CENTERLINE OF S.W. HALL BOULEVARD(C.R. NO. 23), MEASURED PERPENDICULAR THERETO, SAID POINT OF BEGINNING BEARS NORTH 00"37'55" EAST, 2286,69 FEET AND NORTH 89020'10" EAST, 45.01 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 12;THENCE PARALLEL WITH THE CENTERLINE OF SAID S.W. HALL BOULEVARD NORTH 00"37'55" EAST, 45.01 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID S.W. ROSS STREET, 25.00 FEET NORTHERLY FROM THE CENTERLINE THEREOP, MEASURED PERPENDICULAR THERETO; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 89020'10ff EAST, 282.60 FEET TO THE BEGINNING OF A NON- TANGENT CURVE: THENCEALONGTHE ARC OF A 230.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 19052'16"(THE LONG CHORD BEARS SOUTH 67"26'55"WEST, 79.37 FEET)A DISTANCE OF 79.77 FEET TO A POINT OF TANGENCY;THENCE SOUTH 57029'47"WEST, 29-17 FEET.TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF S.W. ROSS STREET, THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89-20'10"WEST, 185.20 FEET TO THE POINT OF BEGINNING. CONTAINS 9,381 SQUARE FEET(0215 ACRES) SHEET 1 OF 2 [:FF.,P'"71 E .Z '4r ,4f OF 77.* 710Y T. TF-'�*lj'\'-,. 2- CITY CITY OF TIGARD,OREGON RESOLUTION NO.99-2-5 A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 9,076 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW ROSS STREET. WHEREAS, the approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision;and WHEREAS, new public right-of-way has been dedicated for a new alignment of SW Ross Street and, after construction of the new alignment the original right-of-way will not be used in any form; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard(Exhibit"A"); and WHEREAS,the public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of approximately 9,076 square feet of public right-of-way commonly known as SW Ross Street east of SW Hall Boulevard, as more particularly described in Exhibit "B" and Exhibit"C" and by reference,made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, June 8, 1999 at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right- of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times,a newspaper of general circulation in the City of Tigard, a notice of said public hearing, the first publication to be on May 20, 1999 and the final publication to be on May 27, 1999. The Recorder is further directed to cause to have posted within five (5)days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated. RESOLUTION NO.99- iAcitywide\res\vacateross.res Page I of 2 31-Mar-99 Mark J.Roberts PASSED: This day of ' 1999. Mayor ty of Tigard ATTEST: L�al,6- City Recorder-City of Tigard RESOLUTION NO.99-_?,-Zl iAcitywideVesWacateross.res Page 2 of 2 31-Mar-99 Mark I Roberts Sr 636-5443 p. 2 ;r 24 99 Ct- s Balmes EXHIBIT "A" 3a3/ City of Tigard Tom, ATTENTION. City Council of Tigarc SUBJECT: 8340 SW Ross Street,Tigard,Oregon Gentlemen: Please initiate at your earliest convenience the vacation process for th—t property luted on Ross Street in Tigard.. As you know,this vacation process xs due to the realigraiment of Ross Street There is a new right of way in the process due to this realignment We have included for your review a plat map showing the property involved in this realignment,as well as a letter addressing the vacation process from Hanna,McEldowney& Associates,a firm hired by the City of Tigard It is imperative to us that you process this applicatiou as soon as is pmst'ble since v e have a pending sale on our property located at 8340 SW Ross Street,Tigard,Oregon_ Thank yaw_ 1,7 .Kp9 Lyna and Monica WDoonnald�,� (503)838-0757 x+ It S.W. HALL BLVD mon • . � t 2Q42' .�. t3 '� ca cn , CD -c to r7 .'� rn v c..: cn c:, C ca — rn _" v Z CIO ..cs. . -ti � � u Q r-s e- ' e2 2 r. p, ca z a r- . v FAM 3 of 3 .� Mar24 99 09: 18a C s Balmes 5 636-5443 p_8 f EXHIBIT 66C" i1:.5. iiuno) 3 z 1990-012 W 1 R e x {scat • ;y x i63t it.04 12440- 12300 111{ Z4Ac, 23AC- 2 � ( - ^ o _ e • a Qi'K Vf *•(J j <10 tOZTQ i0n10 at3< ;7 so-ritT rrr<{rr rlrrr,ir R �acc.c.uzso To f OLIO 33T/64 �/r.IQ+t�frr�rlrrrrrrr//!ri'.r.rti'•rlrr ,`,}. a t1d 110C It rear! � �� - t� -TTS". « el.)27s7 oto Wt at sd 104f f so-4 o*w at«i i6 3Ut igeVM4d 60.tz -20AC 500600 -Pt Z5AG —56,46Z ( o • c•11o' S. 840 T .• V 1,00 AO IGS H625T �., G 0 D.D r of 't,1000 a 2.96AG 10 9 8 7 4 1 7 501 =< .d� 1«/Tini,rover TSt,<0• tzcd RG<A' 0*14f-,Tc xz <d „a ti fOAt t6AG 6120 A. fiW K3) •,�• s0• SO r f0 t4 f0 s0 s4 A. f f3 _j (3200 13100 (3000 (2900 X� 83Uo 8400 8500 8000 8700 8800 8900 9100 9200 T so 93C i �Of xg (40^ t39 138 � :i3T 9 297 . 9e 99 . 100 lot 102• -103 104 105 06 107 = 142 se I d I sd sd 6d 1341 ` a rr'.s KENTON d 143 J F -446 sur co 65 6( ss S as - 37 rcrT .`ps`J" +: z 13500 To szi i 0(4400 14500 (46(70 147W $200- 8100 --6000 7900 -760G 77E7i} -7600.---76,00--�- - ;+ tt4t _,..__ 4C o 9 (Jj 154E( VZ g 66- o 95 _ 95 94 93 92 91 90 r C ( - IV ) V*�iS3 rt `'" ( r.'. y T400 (^504 ee t� 145 c s"s 6d s0• 63.00 co' ss, 3s'721? *08Ti",wai si - F- ( `+-1431 0 14200 ' W 5700 5800 5900 G000 a� t-_ _�0 t(604 ! o !3700. ss rtb X fS( ^ 7o Tt 72 146 a� 138tJ0 i40U0s� c- is.1e' _ -: 13900 b S. t i 6,11`47 `g Q !49 is { 14(00 «55C}0 wAT9. CHICAGO ., at.T6 (ad yar iaQ "This plat is'tot your aid in c<ss fz b ro rs n< caling your(and with reference i XQ%n 4mn atnn 64'u'u" 4300 _ $440. `. to streets and other parcels Whi(e this plat is believed to be correct.the company-assumes no liability for any lass occurring by reason of reliance thereon." (040(SL 4,1j S OE ROAD C(,AG1KAtXAS.0(W(;3ft vro(ta AFFIDAVIT OF MAILING CITY OFTIGARD Community Development ShapingA Better Community S7A7t OE OREGON ) County of Washington )ss. City of Tigard ) I, (Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appmpriate Box(s)Below) ❑ NOTICE OF PENDING LAND USE APPLICATION FOR:Z-7 AMENDED NOTICE (File No./Name Reference) ❑ City of Tigard Planning Director ❑ NOTICE OF DECISION FOR: ❑ AMENDED NOTICE (File No./Name Reference) ❑ City of Tigard Planning Director 0 NOTICE OF PUBLIC HEARING FOR: P=� ROSS STREET PUBLIC RIGHT-OF-WAV VACATION / 6/8/99 AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) C City of Tigard Planning Director C Tigard Hearings Officer Tigard Planning Commission Q Tigard City Council ❑ NOTICE OF FINAL ORDER NO. FOR:L AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council Ll NOTICE F: (Type/Kind of Notice) FOR: 2t7 (File No./Name Reference) (Date of Public Hearing,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEIS] of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B�', on the 18"day of May,1999, d deposited in the United States Mail on the 181, day of May,1999, postage prepaid. _.. (Person thairPrepared Notle) C Subscribed and sworn/affirmo befpre a on the day of , 19� OFFICIAL SEAL DIANE M JELDERKS . NOTARY PUBLIC-OREGON COMMISSION NO 046142 My Commission Ex S: mf „OMMISSION EXPIRES SEPTEMBER 07,1999 XHIBIT A 26 k CITY OF TIGARD Community(Development ShapingA Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, JUNE 8, 1999, AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: ROSS STREET PUBLIC RIGHT-OF-WAY VACATION APPLICANT: Lynn & Monica McDonald 8340 SW Ross Street Tigard, OR 97223 REQUEST: The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON APRIL 13, 1999 BY SETTING A FORMAL PUBLIC HEARING DATE OF JUNE 8, 1999. ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY JUNE 8, 1999, BY 7:30 PM. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR MARK ROBERTS, ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. (VICINITY MAP IS ON THE OTHER SIDE OF THIS NOTICE) ROSS STREET PUBLIC RIGHT-OF-WAY VACATION NOTICE OF 6/8/99 CITY COUNCIL PUBLIC HEARING iCITY of TIGARD —F- —i GEOGRAPHIC INFORMATION SYSTEM 1 j _ w VICINITY MAP � I> I Do CA C iTz ROSS STREET C3 PUBLIC I SW VIOLA RIGHT-OF-WAY co VACATION MANCHA VACATION I i < Approximate area to be M vacated is indicated z here in hash marks Q � I � I FF CROSS w ST i a RN F 00 w SW LODI LN F CO LU GO FT �� N BELLFLOWER U) DO ~ i 8 O 0 200 400 60 Fe 1"=421 feet City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd LAN Tigard,OR 97223 0 (503)639-4171 = hltpJh~.ci.tigard.or.us Community Development Plot date:May 18,1999;C:lmagic\MAGIC03.APR EXHIBIT 13 2S 111 AD-09500 11 AD-096?00 SCHECKLA F J SCEZDOR F J 15085 SW HALL BLVD 150W BLVD TIGARD,OR 97223 97 2S111AD-09700 2S1 1 1AD-09800 ABUKHATER MARWAN&JANET LEE NEJAD KAZEM KN&SALARI MARZEI 8705 SW REILING ST 14473 SW 134TH TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-09900 2S111AD-10000 CASTELLANOS THERESA WILLIAMSON LARRY C AND 8700 SW REILING ST 8710 SW REILING TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-10100 2S111AD-10200 TRUAX HERB M WOODY SAMUEL T&REBECCA R 8720 SW REILING 8730 SW REILING ST TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AD-10500 2S 111 AD-10600 BEHRENS SANDRA ROSS MORRILL S JANE 15050 SW 88TH 10055 HEDGES CT TIGARD,OR 97224 TUALATIN,OR 97062 2S 111 AD-10700 2S 111 AD-10800 WESTFALL DAVID K AND HOGUE BRIAN C 15110 SW 88TH 15140 SW 88TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S111DA-00800 2S111DA-00900 MATRIX DEVELOPMENT CORP RAYNOR BRENT A 6900 SW HAINES ST STE 200 8601 SW BRAEBURN LN TIGARD,OR 97224 TIGARD,OR 97223 _S 111 DA-0300 2&44j DA-03100 FGARD, T X ELOPMENT CORP MATRI OPMENT CORP ES ST STE 200 6900 HAI ST STE 200 OR 97 ARD,OR 97224 111 DA-032 2S 11X6 00700 ��24 PMENT CORP MANGOLD STEVEN R&DEBRA E ST STE 200 8275 SW ROSS ST TIGARD,OR 97224 2S112CB-00800 2S 1 12CB-00900 MCDONALD LYNN B MONICA SCHMIDT JANE V& 8340 SW ROSS ST 8325 SW ROSS ST TIGARD,OR 97223 TIGARD,OR 97224 2S 112CB-01000 2,S 112CB-0100 MCDONALD LYNN B&MONICA R MdDON D YNN B&MONICA R 8340 SW ROSS ST 8340,5 $S�- ROS` TJGARD,OR 97223 TIGA40�RD,OR 97223 T1- Agenda Item No. 3, TIGARD CITY COUNCIL Meeting of-77/2-7 14q MEETING MINUTES - JUNE 8, 1999 STUDY SESSION > Meeting was called to order at 5:33 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla. • Staff Present: City Manager Bill Monahan; City Recorder Catherine Wheatley; City Engineer Gus Duenas; Community Development Director Jim Hendryx; Legal Counsel Tim Ramis; Utility Manager Mike Mills; Water Conservationist Kim Swan • AGENDA REVIEW • Bill Monahan, City Manager, informed the Council that the applicant, Craig Petrie, requested setting Agenda Item 7 over to the June 22 meeting. • Country Daze Parade Mr. Monahan mentioned that a representative from the Tigard Recreation Association would probably speak tonight under Visitor's Agenda to request Council support of the Country Daze parade. He said that this group told staff that it had$2,500 left in its account and needed Public Works staff and the Police to work the parade. He stated that staff estimated the staff costs at $1,834 for Public Works staff and$2,000 for police. He pointed out that the group intended to hold only the parade. The Council discussed possible parade routes. Mayor Nicoli suggested having the parade start at City Hall, go up to Main Street and then down Commercial to end at Thelma Humphrey's lot across the street. He pointed out that both Main and Commercial had new sidewalks and more room for people to stand and watch than Hwy 99W. Councilor Moore mentioned his concern for parking. Councilor Hunt suggested that, if the Council rode in the parade and threw candy to the kids, that the Councilors take along enough candy to last the entire parade route instead of running out after one-third of the way along the route like they did last year. Councilor Scheckla suggested another alternate route going down in front of the Chamber and ending at St. Anthony's. He noted that there was sufficient parking there. • Item 3.10 Mr. Monahan explained that Item 3.10 on the Consent Agenda(the consulting feasibility study for the new recreation district)was the budget adjustment needed to authorize staff to expend the funds tentatively approved by Council at a study session. He said that staff held off on this until they knew what the County was going to do. He stated that the County Administrator gave him an IGA granting $25,000 to go with the City's $10,000 to pay for the study. He noted that the City would have control of the contract. Mr. Monahan reported that the consultant scaled down the project after hearing Tualatin would not participate. Mayor Nicoli noted that the Tigard-Tualatin School District agreed to participate. He mentioned that Sherwood unofficially agreed also. Councilor Hunt stated that he would pull this item for discussion. TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 1 • Mr. Monahan informed the Council that the citizens concerned with the greenspaces item wanted to testify again. He advised the Council that it was not obligated to take testimony but it could if the Councilors wanted to do so. • Mr. Monahan noted the corrected pages for Items 3.3 and 3.4. Councilor Patton questioned the wording in Item 3.3, #3, second sentence. Mr. Monahan agreed that it should read"In addition, the City Council on its own motion may consider naming a building or a park." • Mr. Monahan noted that Mr. Corliss and Mr. Szambelan might testify tonight regarding the issues they raised on the SW 69"'AvenueLID. Gus Duenas, City Engineer, confirmed that the main issue was the placement of the sidewalks: curb-tight versus separated from the curb by a landscaping strip. Mayor Nicoli asked if the situation in Mr. Corliss' case was that the existing sidewalks abutting his property were curb-tight and the Triangle standards now required separated sidewalks. Jim Hendryx, Community Development Director, stated that Mr. Corliss had no sidewalks along his property. He mentioned that installation of the sidewalks would require removal of the plantings Mrs. Corliss put down the bank. • SW 79`" LID Mr. Monahan advised Council that staff had some proposed modifications to the proposed SW 79fl'Avenue improvements. Councilor Patton reported that a neighbor on Ashford contacted her regarding the neighborhood's unhappiness with the expansion of SW 79h Avenue. She said that she told the neighbor that it was not a done deal, and that there was plenty of time and opportunity during the process for citizen input. She asked staff for any additional information available at this time which she could pass on. She mentioned the neighborhood issue as additional traffic on Ashford. Councilor Moore commented that he has had similar conversations. Mr. Duenas mentioned the two neighborhood meetings at which staff has taken citizen input. He said that staff narrowed the road width from 40 feet to 34 feet because the neighbors did not want parking on either side. He pointed out that additional traffic was a common complaint with street improvements. He stated that staff intended to review the changes with the neighborhood at another meeting. Mr. Monahan suggested that Mr. Duenas prepare an information sheet to give to all the Councilors. Councilor Hunt suggested announcing publicly the procedure which the City would follow for this matter. Mr. Duenas said that he would prepare a memo for the Council and schedule an agenda information item. Mr. Duenas discussed the two modifications to the SW 79`x'Avenueproposed improvements. He explained that staff went into this contract with a lot of unknowns, such as how the drainage would be handled, where the retaining walls would be located, or what kind of analysis would be required. He indicated that staff knew that they would have to negotiate amendments to the Century West contract once they had more information on what they needed. He pointed out that the aggregate amount of these amendments was getting high. Mr. Duenas noted that staff negotiated the first two proposed amendments as the design process got to a certain stage. He explained that they needed to negotiate the third amendment for an LID analysis because the proposed amount was too high for the limited amount of work left to be done in determining the LID boundaries. TIGARD CITY COUNCIL MEETING MINUTES —YUNE 8, 1999—PAGE 2 Councilor Patton raised the issue of neighbors' being unaware of non-remonstrance agreements on their property. Mr. Duenas confirmed that the non-remonstrance agreements were against the individual properties,not the developer. The Council discussed the problem of developers not informing homeowners (when they bought the homes) of non-remonstrance agreements against the properties. Mayor Nicoli spoke to recording non-remonstrances, against the deed so that a title search would pick them up. Tim Ramis, City Attorney, noted that title companies were starting to look for such agreements now. He mentioned a current debate on whether or not jurisdictions should develop in-house programs to track non-remonstrance agreements. He noted the problem of whether or not establishing a system to track new agreements meant that jurisdictions voided the old agreements that were not part of the system. Mr. Duenas observed that some of the developments along SW 79"'did not do the street improvements that they should have done because the City saw no sense in requiring half-street improvements that would be torn out when the City did the realignment of the entire road. Councilor Moore commented that he understood the need to execute the agreements but reiterated that the problem was that the homeowners did not know about them when they purchased their properties. Mr. Duenas mentioned that the homeowners claimed that the developer did not discount the houses. Mr. Monahan mentioned that the City heard the same arguments in 1986 with the SW 135th LID. Mr. Duenas confirmed that the proposed study would provide a list of the properties involved in the potential LID. Councilor Patton commented that a potential SW 79"' LID would include properties with access to SW 79th but not necessarily on SW 79th. Councilor Hunt observed that a similar situation of homeowners not knowing what they were getting into occurred with the issue of private streets. He noted that the City tried to remedy that situation. He spoke in support of Mayor Nicoli's suggestion to find a way to better inform homeowners at the time of purchase of non-remonstrance agreements against the properties. Mr. Duenas asked Council if it wanted to authorize the City Manager to sign the two amendments or have staff bring them back as a future agenda item. He reviewed the specifics of the amendments for a short-term traffic impact study and drainage issues. He pointed out that the agreed upon study would include 20 year traffic projections but the neighbors wanted to know what the impact would be immediately after completion of the improvements. He said that he thought such a study was necessary to allay neighborhood fears. Councilor Scheckla asked for clarification of Item 3 in Amendment I regarding the retaining walls analysis. Mr. Duenas explained that staff needed a geotechnical analysis of the soils in order to determine where to place these 8' to 10 ' tall retaining walls. Councilor Scheckla asked if the height of these walls conflicted with the fence standard. Mr. Duenas said no. He pointed out that these walls would hold up the slope. He commented that staff knew from the beginning that the project needed these walls but they decided not to negotiate that item until after the consultant did the soils analysis and determined the number and location of the walls. Mr. Monahan stated that staff wanted the Council to know of these changes because of their magnitude and the increasing controversy with the project. The Council agreed by consensus to direct staff to proceed with the amendments. TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 3 > COUNCIL TRAINING SESSION Election Limitations Mr. Ramis reviewed the "Dos and Don'ts" for Council with regard to elections. He said that Councilors could take public positions on measures and that the public expected them to do so. He discussed extensively the prohibition against using public employees or other resources to advocate for or against a measure. He emphasized that any statements of employees had to be neutral. He referenced the Burke v. Blumenhauer case in which the court found the Multnomah County Commissioners personally liable for using County resources to create a brochure advocating for fluoridation of water. Councilor Hunt asked if the City Attorney's Office reviewed Cityscape articles on water issues. Mr. Monahan said that they would start doing so now that they were into the election period. Mr. Monahan asked if Councilors making position statements during a Council meeting (where staff members were present and City resources being used) was a problem. Mr. Ramis said that, during a Council meeting, the Councilors had broad license to say what they thought and to advocate for issues. He cautioned the Council to ask staff only questions for which staff could give a neutral answer. He mentioned a difficult situation in which a staff member was so connected with an issue that it was virtually impossible for him or her to be in a neutral position. He referenced Ed Wegner and the water issue. Mr. Ramis reminded the Councilors to form PACs to finance their campaigns and to follow all reporting requirements. Councilor Hunt asked if, legally, he could give $100 to a PAC and ask the PAC to pay for a letter he wrote for the voter's pamphlet, and then deduct the $100 off his income tax. Mr. Ramis said that he thought that a Councilor would be allowed as a person to write a letter and to make a deductible contribution. Mr. Ramis reviewed the prohibition against public employees promoting or opposing any measure while on the job during working hours. He advised caution in the difficult situation of employees working at night or other meetings. The Council discussed the situation with Mr. Wegner and the water issue. Mr. Ramis conceded that,technically, Mr. Wegner could advocate on the water, if it was on his own free time. He pointed out,however, that the City could not credibly draw a line with regard to Mr. Wegner because he was so connected to the issue. Mr. Monahan mentioned that, in the past, staff has handled this by separating the roles. Staff gave the factual presentation at a meeting and then turned it over to a Councilor. Mr. Ramis commented that when situations were that close to the line, the City Attorney and City Manager consulted to sort out the situations. Mr. Ramis cautioned the Council not to criticize employees for taking positions on measures outside of working hours, as they had the right to do. He explained that once a Councilor criticized an employee for exercising that right, the City became open to civil rights actions. He also mentioned not asking employees to assist in campaigns on their own time, although they could volunteer if they chose to do so. He said that he had seen this situation in another jurisdiction but people were more careful about it now. He commented that the prohibition was in the statute because there was a history of employees being unfairly pressured. Mr. Ramis noted that public employees could wear political buttons expressing an opinion, a right granted through case law on first amendment rights. He mentioned that the only exception was uniformed officers because the City could prescribe what was or was not appropriate for the uniform. TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999 —PAGE 4 • Training on recall of a public officer Mr. Ramis reviewed the four points in the process involved in the recall of a public officer. He said that, first, there was a carefully proscribed formal petition form that a citizen had to file with the City. Then the citizens had 90 days to gather 15%of the total votes cast in the previous gubernatorial election. The City then had a short time period within which to verify the signatures. He said that the final step was the public officer with a recall petition against him/her submitting a statement of 200 words to the clerk,justifying his/her course of action, for publication on the ballot. He mentioned that the election would be held at the next available election, whether special or regular. Councilor Scheckla asked what 15% of the vote would be. Mr. Monahan said it was in excess of 1,800. • Training on the ethical responsibilities of City Attorneys Mr. Ramis stated that City Attorneys were subject to the same rules regarding potential conflicts of interest as outside counsels were. He emphasized that a lawyer could not advocate for two clients when he/she was required to advocate for one client and then to oppose that position with another client. He explained that their first line of defense was a conflict check within the office and their second line was maintaining a network of contacts with other City Attorneys so that someone else could sit in for the City Attorney, should a conflict situation arise. Mr. Ramis explained that no amount of disclosure, waiver or consent letters could cure a situation of"actual conflict"(where the objective interests of the clients were adverse). Attorneys had to withdraw from those situations. He said that, in situations where someone approached the City, and his firm had represented them previously on an unrelated matter but did not have an open file on that client, the Bar rules found no conflict or prohibition on his firm continuing to represent the City. Mr. Ramis mentioned that it was his firm's practice to inform the Council of past client relationships. He pointed out that his firm did not get phone calls from parties adverse to the City because it was well known that they represented the City. Mr. Ramis reviewed the third situation in which his firm had an open file on someone involved in a legal matter with the City for which his firm represented the City. He cited the recent example of his firm representing Albertson's on an unrelated real estate matter when the negotiations for the Albertson's donation of open space to the City began. He said that his firm sought the consent of both Albertson's and the City to continue to represent the City in the negotiations, as the law required them to do. > ADMINISTRATIVE MATTERS ODOT Agreement Mr. Monahan reviewed the Council direction to staff to get a cap from ODOT on the City's expenses in the water line relocation bid. He mentioned that the language to develop a process for the City to give input was the best he thought that they could get from ODOT. Mr. Ramis agreed that the City was not likely to get any better language. He mentioned his discussions with the Attorney General's Office. He said that ODOT recognized the possibility of an unbalanced bid. He explained that they put the responsibility on the City to review the TIGARD CITY COUNCIL MEETING MINUTES—JUNE 8, 1999—PAGE 5 contract, to bring an unbalanced bid to their attention(should that occur), and to advocate for balancing the bid. He said that ODOT has agreed to examine the bid, and if it was unbalanced, to adjust it with their money since they could not make a change with the contractor. He mentioned that the City had to trust that ODOT would be fair. He commented that, with this project, he has found the people working with the City open and willing to find solutions. Councilor Scheckla asked if this situation has happened at ODOT before. Mr. Ramis said that the staff he worked with at ODOT believed that it had happened before, although the Attorney General's Office could find no officious contract language developed to address this situation. He said that he suspected that it has happened before informally but this was the first time they have extended this right in writing to anyone. Mr. Monahan commented that staff did not get the dollar cap requested by the Council but they did get a good faith process. Mr. Ramis confirmed that ODOT was not willing to grant a cap because the engineers thought there was too great a risk of an imbalance in Tigard's favor. Councilor Scheckla asked when ODOT would complete Tigard's portion of the project. Mr. Monahan said this process would occur quickly with construction taking place in September. Mr. Duenas asked if the bid used a lump sum or a unit price per lineal feet. Mr. Monahan explained that the City was providing the pipe, ODOT was providing the labor. The Council agreed by consensus to direct staff to proceed with the ODOT agreement. • Mr. Monahan reported that a Tigard citizen, Mary Wells, has volunteered to be a mediator in the Beaverton Mediation Program (which Tigard participated in). He mentioned the training cost involved and recommended that the City pay for her training, as they had done for their other mediator, Wendi Hawley (currently inactive). • Mr. Monahan informed the Council that six to seven candidates for the Finance Director position would be interviewed on Friday. He mentioned that they had a good pool from their national and state-wide advertisement in the Municipal Finance Officers Association Newsletter plus people who picked up on the Internet that the position was open. He confirmed to Councilor Hunt that they had no in-house candidates. • Mr. Monahan informed the Council that the supplemental budget request for the Metro greenspaces fell through the cracks during Mr. Lowry's departure. He explained that there was not sufficient time to provide adequate notice of this supplemental budget request prior to the June 22 Council meeting. Lack of sufficient notice potentially could get the City into trouble with the auditors and the State. He recommended holding a special meeting on June 29 solely for the purpose of discussing this supplemental budget request. The Council discussed the recommendation. They agreed to hold the meeting on June 29 at 6:00 p.m. Mr. Monahan advised the Council that Bruce Ellis granted both the H20K group and the Citizens for Safe Drinking Water booths at the Balloon Festival. He mentioned that City staff would work a City booth also. > Mayor Nicoli adjourned the study session at 7:35 p.m. TIGARD CITY COUNCIL MEETING MINUTES—JUNE 8, 1999—PAGE 6 1. BUSINESS MEETING 1.1 Call to Order- City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:39 p.m. 1.2 Roll Call Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla were present. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items Mr. Monahan mentioned the issue raised by Mr. Corliss regarding the Tigard Triangle standards as a possible non-agenda item. The Council agreed to the Mayor's request to hear the item immediately after Agenda Item 3. 2. VISITOR'S AGENDA Mayor Nicoli explained that the Council would allow those here to speak on an agenda item to give a two-minute presentation during that agenda item, as opposed to during the Visitor's Agenda. 2.1 Bill Tanner, 79'6 Avenue Neighborhood Mr. Tanner said that he had several questions regarding the SW 79th Avenue project. Mayor Nicoli asked Mr. Tanner to submit any questions in writing to the City Manager who would provide written responses to those questions. He indicated that Mr. Tanner could make comments or give input at this time. Councilor Moore mentioned that the City Engineer would be putting together an explanation of the process for informational purposes, including when the process allowed public input. Mr. Duenas indicated that he could have an informational packet available for the Council discussion at the July 13 meeting. Mr. Monahan observed that submission of citizen questions would be very helpful to staff in answering questions in the packet. Councilor Scheckla announced for the TV audience that the City was shutting down Bonita Road on June 21. Mr. Duenas said that staff stipulated a closure of no longer than one month, and preferably only two weeks. He confirmed that the road segment under construction was between the bridge and the railroad tracks. Mr. Monahan mentioned the closure signs at Hall Blvd and at 72nd Avenue, giving the dates as June 21 through July 21. 2.2 Debbie Crone, Tigard citizen, and Susan Borland, Tigard Recreation Ms. Crone stated that she and Tigard Recreation stepped forward to organize the Country Daze parade when she found out that no one was doing it this year. She commented that she remembered the parade from her childhood in Tigard and that her kids wanted to be in it. She asked for Council support to allow the parade and provide the police escort. Ms. Borland spoke to this type of parade as developing the sense of community in a small town and providing a good opportunity for the kids to get involved and contribute as part of the TIGARD CITY COUNCIL MEETING MINUTES—TUNE 8, 1999—PAGE 7 community. She mentioned her surprise at learning that no one was sponsoring the parade this year. She questioned why staff did not mention at the CIT meetings (which she attended regularly as her neighborhood's representative) that the parade needed leadership. Mayor Nicoli mentioned the alternate route that Council thought would be safer, as it did not involve Pacific Highway. He indicated that, regardless of the route, the Council supported the parade and the City would provide the Public Works staff and police needed to put on the parade. Ms. Crone confirmed to Councilor Scheekla that the parade date was Saturday, August 21, starting at 9:00 or 9:30 a.m. Mr. Monahan said that he would meet with Ms. Crone to work out the details. Mayor Nicoli thanked Ms. Crone and Ms. Borland for volunteering for the City of Tigard and the residents. 2.3 Kyle Fowler, 79th Avenue Neighbors Mr. Fowler asked about the depth of Mr. Duenas' report and where they could get answers in the meantime. Mayor Nicoli stated that anyone could call Mr. Duenas at any time. He pointed out that the$200,000 study would be a very in-depth report. Mr. Duenas said that the design was more than half complete with construction expected sometime in the next two years. He mentioned the neighborhood meetings where staff received citizen input. He stated that staff was looking at a combination LID and City funded project, although they had yet to determine who would be involved in the LID and how much each property would pay into it. He indicated that staff would come back to Council for direction on the formation of the LID and a possible money cap for residents. He observed that much of the information currently at large in the neighborhood was erroneous. Mayor Nicoli pointed out that the Council has not agreed to this project, it has simply directed staff to start the process for a street that the City has identified as having problems. He commented that the purpose of the study was to find out what the potential problems could be. He confirmed to Mr. Fowler that the neighbors could see a detailed factual report on July 13. Mr. Duenas mentioned that staff would hold another neighborhood meeting when they had more concrete numbers on the cost and LID boundaries. 2.4 Paul Taylor, 79th Avenue Neighbors Mr. Taylor asked if Mr. Duenas was the main contact for the project. Mr. Duenas said either himself or Vannie Nyugen, the CIP Division Manager. He reiterated that it would be helpful if citizens submitted their questions in writing. 2.5 Andrew Minor, 79th Avenue Neighbors Mr. Minor asked if the future neighborhood meeting would be an informational-type meeting with the decision already made or a meeting where citizens could give input into the decision. Mr. Duenas said that staff would use an open house approach for the next meeting during which they would discuss the details of the project, including what the whole street would look like. Councilor Moore mentioned the opportunities for public testimony before the City Council in this long process, prior to the Council's final decision. Mr. Duenas stated that there was a specific process that the City had to following in forming an LID, which included plenty of opportunity for public input. Councilor Patton emphasized that the Council has not made the decision yet. TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 8 3. CONSENT AGENDA Councilor Hunt asked to pull Items 3.3, 3.10 and 3.11. Motion by Councilor Hunt,seconded by Councilor Scheckla, to approve the Consent Agenda,pulling Items 3.3,3.10 and 3.11. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") 3.1 Approve Council Minutes of: April 27, 1999 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Adopt Policy on Placing Memorials in City Park Facilities within City-Owned Properties and for City Buildings—Resolution No. 99- 3.4 Amend Council Groundrules—Resolution No. 99-33 3.5 Adopt Tualatin Valley Fire and Rescue Ordinance 99-01 and Repeal City of Tigard Resolution No. 97-32—Resolution No. 99-34 3.6 Approve Cost of Living Adjustment for Management/Supervisory/Confidential Group Employees Effective July 1, 1999—Resolution No. 99-35 3.7 Approve Washington County Inter-Library Information Network (WILInet) Intergovernmental Agreement 3.8 Approve Washington County Cooperative Library Services (WCCLS) Intergovernmental Agreement 3.9 Approve Budget Adjustment No. 9 for Acknowledgment of Insurance Funds Received from a Damaged Police Vehicle and Appropriation of Funds to Replace the Vehicle—Resolution No. 99-36 3.10 Approve Budget Adjustment No. 10 for Consulting Fees for a Feasibility Study of a New Recreation District—Resolution No. 99- 3.11 Adopt Resolution to support Magna Humphries' Efforts to Obtain a Loan from the Oregon Economic Development Commission—Resolution No. 99- 3.12 Local Contract Review Board a. Award Contract for the Construction of SW 106"' Avenue and Johnson Street Sanitary Sewer Extension to Venture Construction, Inc. b. Award Contract for the Construction of SW Grant Avenue Improvements to Sight Excavation, Inc. c. Award Contract for the Construction of Walnut Street and Tiedeman Avenue Intersection to Benge Construction Company th d. Award Contract for the Construction of SW 116 Avenue Storm Drainage Improvements to Venture Construction, Inc. e. Award Contract for the Reconstruction of Pathways for Jack Park & Englewood Park to Sun Quest Construction Consent Agenda—Items Removed for Separate Discussion 3.3 Adopt Policy on Placing Memorials in City Park Facilities within City-Owned Properties and for City Buildings—Resolution No. 99-33 Councilor Hunt questioned the policy provision that implied that the Parks Division would assume responsibility in perpetuity for the maintenance of a qualifying memorial. He suggested maintenance at the discretion of the Parks Division. Mr. Monahan concurred,pointing out that TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 9 some memorials would deteriorate, such as benches, picnic tables, trees, shrubs, etc. He suggested stating that the City would assume maintenance responsibility for the useful life of the memorial as determined by Park staff. Councilor Hunt asked staff to make that modification. Councilor Hunt questioned the requirement that all benches be made of wood. He suggested adding the phrase"or other material approved by the Park staff." Mr. Monahan explained that the Parks staff recommended this standard. He said that he wanted the Parks staff to have a standard that they could cite in situations where they needed to reject something that someone already bought and wanted to install in a park. Councilor Moore mentioned seeing a desire for consistency in bench materials. Mr. Monahan concurred. Councilor Scheckla supported including flexibility for other materials as appropriate. Mr. Monahan suggested including the language"unless the material was approved by the Park staff'in order to give the Parks staff both the authority it needed and the flexibility to allow benches made of other materials. Councilor Hunt stated that the staff did not need to return to Council with the revised language. Motion by Councilor Hunt, seconded by Councilor Patton, to adopt Resolution 99-37 with the changes discussed. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt,Moore, Patton and Scheckla voted "yes.") 3.10 Approve Budget Adjustment No. 10 for Consulting Fees for a Feasibility Study of a New Recreation District—Resolution No. 99-38 Councilor Hunt stated that he would oppose this adjustment because he saw the staff and majority of the Council treating the recreation district as a foregone conclusion. He pointed out that originally the Council had discussed a feasibility study to see if a new recreation district was feasible. Councilor Moore stated that he reviewed the item that stated"participation in a feasibility study for the formation of a new recreation district." He noted that that was all this adjustment did, and that it was not a foregone conclusion that Tigard would form the recreation district. Councilor Patton concurred that all they were doing was providing funding for a feasibility study of the recreation district. Councilor Scheckla said that he had no comment to make, except a concern that they might be going overboard a bit. He said that he might abstain from the vote. Motion by Councilor Moore, seconded by Councilor Patton, to approve Resolution 99-38. Motion approved by majority voice vote of the Council present. (Mayor Nicoli, Councilors Moore and Patton voted"yes;"Councilor Hunt voted"no;" Councilor Scheckla abstained.) 3.11 Adopt Resolution to support Magno Humphries' Efforts to Obtain a Loan from the Oregon Economic Development Commission—Resolution No. 99-39 Councilor Hunt asked for more information on this resolution. He asked if the Council was favoring Magno Humphries over similar businesses in Tigard. Mayor Nicoli pointed out that this was a loan from the State of Oregon over which the City of Tigard had no authority, Councilor Moore commented that he looked at whether or not a business was a good corporate citizen, which Magno Humphries was. TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 10 Mr. Monahan indicated that Tigard did not have another business engaged manufacturing the same type of product as Magno Humphries. He explained that this State loan program had a checklist of steps that the loan applicants had to go through in applying for the loan. One of those steps was an endorsement from the local community; that was what Magno Humphries was asking for. He referenced a similar request made by the Puget Corporation in the mid- 1980s that went through the then existing Economic Development Committee which recommended approving the endorsement. Mr. Monahan commented that staff did not do an analysis of Magno Humphries because the company was a known entity. He said that staff saw Magno Humphries' interest in acquiring another property close to its site as a natural extension of the expansion the company underwent a few years ago. Councilor Scheckla asked if Council would set a precedent if it approved this request. Mr. Monahan explained that there was no limitation on the number of loans that the State could grant to the community. He mentioned that the State did try to distribute these loans state-wide to as many communities as possible. He confirmed that the request did not include any City money or tax breaks, it dealt solely with State money loaned at a preferable rate. He stated that making the endorsement did not lock the Council into anything. Motion by Councilor Hunt, seconded by Councilor Moore,to adopt Resolution 99-39. Mayor Nicoli declared a potential conflict of interest. Motion was approved by majority voice vote of the Council present. (Councilors Hunt, Moore, Patton and-Scheckla voted"yes;"Mayor Nicoli abstained.) • Mr. Monahan announced that the applicant requested the postponement of Item 7 to the June 22 meeting. > SW 69TH AVENUE LID • Jim Corliss Mr. Corliss stated that, originally, he had been in favor of the 69ffi LID. He indicated that Marlin De Haas asked him for a slope easement and a land donation for the additional ground he needed for handicapped comers at the sidewalk. He said that, at that point, this issue of the sidewalks came to light. He referenced his participation on the Tigard Triangle Task Force. He pointed out that none of the Task Force's discussions addressed the issue of sidewalk location, and the standards were vague, speaking to a"pedestrian-friendly street." He asked for a variance from the standard. Mr. Corliss said that the design was not user friendly. He noted that a planter area next to the curb, filled with trees and barkdust, interfered with people getting out of their parked cars and created ADA problems. He said that barkdust created a long-term maintenance issue, citing his trip around the city in which he did not find one well-maintained and attractive planting area with barkdust and street trees. Mr. Corliss pointed out that all the existing sidewalks in the area were curb-tight sidewalks. He noted that installing separated sidewalks on a street with existing curb-tight sidewalks on portions of it created inconsistency. He referenced the staff memo discussing the need to maintain consistency. TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE I I Mr. Corliss said that the Triangle Design Standards called for 12-foot sidewalks with planters on local streets because the Task Force envisioned a development similar to downtown Portland. He noted that the Triangle was not developing like downtown Portland and would never look like downtown Portland. He commented that he thought that the staff thought that he was asking to install 12 feet of cement. He said that he wanted to build six-foot sidewalks with the tree planters on the property side and the extra six feet moved to the street. Mr. Corliss contended that a variance to move the trees from the street side to the property side would be visually more attractive and eliminate the problem of people in conflict with trees. He mentioned the importance of selecting the right species of trees that would not tear up the sidewalk in 20 to 30 years. Mr. Corliss said that he has talked to 80% of the property owners in the area, all of whom favored curb-tight sidewalks. He commented that he thought that staff modified its initial design of curb-tight sidewalks in response to the Triangle standards. He mentioned the high costs involved in supporting a 12-foot sidewalk when the property dropped off severely six feet away from the road. He noted that the standard was in error for the whole Triangle. Pete Szanbelan, Employers Overload President Mr. Szanbelan said that they were in the middle of building their corporate headquarters on the southeast comer of SW 69t1 and Franklin. He pointed out that the existing sidewalks along 69`h were already curb-tight. He said that requiring him to install separated sidewalks created an incongruity and inconsistency with the whole block. He presented several photos illustrating the existing situation on SW 69th and Franklin. He mentioned his surprise on hearing of the required inconsistency. He questioned whether the design was ADA compliant, noting that their parking facility accommodated ADA parking. He presented a drawing of what the block would look like with the inconsistent sidewalks. COUNCIL QUESTIONS Councilor Hunt asked for clarification on why staff was taking a different position than that suggested by the citizens. Mr. Hendryx stated that the intent of the Tigard Triangle plan was for separated sidewalks because they were more pedestrian friendly. He pointed out that installing paver stones between the curb and the planter area would address Mr. Corliss' issue regarding people getting out of their cars and stepping into barkdust. Mr. Hendryx mentioned that a lot of jurisdictions in the region were moving to separated sidewalks. He conceded that there was an issue with the transition period between the existing curb-tight sidewalks and the new separated sidewalks. He spoke to a gentle transition instead of an abrupt transition. He commented that staff would not purposefully design something not to be ADA compliant. He said that, as long as there was provision for pedestrians, wheelchairs and people with access limitations, the sidewalk would meet the ADA standards. Mr. Duenas addressed the impacts of changing the LID, since they have already designed the street for separated sidewalks. He said that he did not like beginning a contract with a substantial change order. He said that this change would require redesign, especially at the rear of the property lines. He pointed out that this would delay a project that the City wanted done quickly. He did not support changing the separated sidewalk design. TIGARD CITY COUNCIL MEETING MINUTES—JUNE 8, 1999—PAGE 12 Councilor Scheckla asked if staff was at a point to accommodate the change. Mr. Duenas indicated that, although construction has not yet begun, this change would involve massive redesign of the entire length of the street. Mr. Monahan noted that the City adopted the Triangle standards through a process. He asked if the Council wanted to start the process to convert the Triangle standard to Mr. Corliss' suggested standard or to retain the Triangle standard in place. Mayor Nicoli pointed out that a third alternative was to kill the standard totally, an option he favored. Councilor Moore said that he agreed with Mr. Corliss that barkdust planters not maintained tended to be ugly. He pointed out that the idea of the Task Force had been to put street trees in to buffer the pedestrians from the traffic for visual and safety reasons. He asked if the Council would have to go through the same process to reverse a standard that was used to create the standard. He stated that the Council could not arbitrarily say that in this situation they would not follow the Code. Mr. Hendryx referenced the staff memo describing what was needed: either granting a variance to the standard to this applicant or changing the standard using the public process set up to change the Code standards. He agreed that the Council could not arbitrarily change the standards but indicated that it would not have to necessarily reconvene the Task Force as part of the public process. He pointed out that with the new notification requirements, staff would have to send out a massive notification to every property owner in the Triangle of a change in the standards. Mr. Hendryx said that it would take four to six months make the change because of notification requirements and process. He reiterated the importance of time to this project. Councilor Hunt asked if they could issue a variance in this instance and then review the overall situation. Mr. Hendryx clarified that the applicant would have to go through the variance process, as staff could not grant variances administratively. Councilor Moore suggested allowing those blocks with existing curb-tight sidewalks to follow that standard for the entire block and requiring blocks with no existing sidewalks to conform to the new Tigard Triangle standards. He said that would maintain the consistency but he was not certain of the legal ramifications. He reiterated that he, as a Councilor, could not arbitrarily make changes to the Code. Mr. Monahan commented that the Councilor's suggestion sounded more like a change to the Development Code in which staff identified the locations of existing sidewalks with the whole Triangle and the Council designated where the existing or new standards prevailed. He said that, for the particular case before the Council, the applicant had to go through the variance process. Mayor Nicoli asked if the sidewalk was being constructed as part of the building or as part of the adjacent street construction. Mr. Duenas said that it was part of the street construction. Mayor Nicoli asked if the Council could direct staff to delete the sidewalk from the street construction contract, and then ask the property owner to bond the completion of it, once the Council made its decision regarding this matter. Mr. Duenas commented that he did not like a project without the sidewalk since the intention was to do the full improvement. Mr. Corliss said that they would have the sidewalk done before the City had the street done. Mr. Duenas pointed out that Mr. Corliss was volunteering only to do his portion of the sidewalk,not the entire length of the street. TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 13 Mayor Nicoli spoke to the Council reserving the right to bend a standard, if it was to the advantage of the community or to save further costs. He said that he agreed that a block developed three-quarters one way should be completed in the same fashion. He asked if the applicant qualified for a variance, since his project was already under construction. Mr. Hendryx said that the applicant could come in for a variance to the sidewalk standard alone but he did not know whether or not the applicant met the variance criteria. He mentioned the process set up to vary from the Triangle design standards: the Design Evaluation Team and the Planning Commission. Mayor Nicoli asked what the time frame was to process a variance request. Mr. Hendryx said that the typical time period in the Triangle process was eight weeks. He mentioned another issue raised by Mr. Ramis that they have already done an assessment on the LID. Mr. Duenas said that it was a preliminary not final assessment. Mr. Hendryx commented that staff could work with the citizens but it was important to understand all the ramifications and the timing issue. Councilor Moore observed that Mayor's suggestion would solve the 69"'and Franklin comer. Mayor Nicoli asked Mr. Szanbelan when he anticipated completing his building. Mr. Szanbelan said the end of October. Mayor Nicoli said that if the Council asked Mr. Szanbelan to apply for a variance to the standard, Mr. Szanbelan would know within 60 days whether or not staff would approve it. If staff did not do so, then he would know where to go from there. He asked Mr. Duenas when the contractor would complete the sidewalk installation. Mr. Duenas said probably later in the summer. Mayor Nicoli asked Mr. Corliss if he was asking for sidewalks for the other pieces of property he owned on the street. Mr. Corliss indicated yes, especially for the northern piece between Dartmouth and Franklin. He said that it would be nice to get the sidewalk all the way from Dartmouth to Elmhurst. Mr. Hendryx observed out that they were talking to individual property owners on the east side of SW 69fl. He pointed out that the Specht office complex on the west side used the separated sidewalks in its design. He asked if the Council's intent was to change the standard for the , whole street. Councilor Moore said that he wanted to create consistency with what was already there so that they did not have jogs in sidewalks as people went around a block. Mr. Corliss stated that Specht has expressed that they would like the curb-tight sidewalks but they do not want to slow up their project. If changing the sidewalks impacted their timing, then they would stay with the separated design. Councilor Moore commented that this would change Specht's design and take the longer DET process because it was a new project. He said that he was discussing dealing with the areas that have already been developed and had existing sidewalks. Mr. Szanbelan asked if applying for the variance would stop them from continuing the construction on the building. Mr. Hendryx said that he would not think so. Councilor Scheckla mentioned that the City eventually removed the street trees on Main Street because of a people/tree conflicts. Mr. Monahan explained that the people/tree conflicts on Main Street arose from the straight-in parking. Mayor Nicoli proposed that the Council ask Mr. Szanbelan to apply for a variance to the standard. He suggested that the Council also ask staff to cooperate with Mr. Corliss in bringing back a sketch of his property's sidewalks, so that the Council could see the existing situation TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 14 with the sidewalks in the immediate vicinity of his property. Councilor Hunt commented that most Councilors were saying that they would like to accommodate this type of thing and to see staff come up with a recommended solution to the problem. Councilor Scheckla asked if there were any legal problems. Mr. Ramis said that there were some process considerations but they would figure out how to do it. Mayor Nicoli suggested that the Council accept a blind presentation next Tuesday, as staff could not get something ready for the Council packet this Friday. Mr. Corliss confirmed that he could attend next Tuesday's meeting. Mr. Hendryx mentioned that the City did have fees for variances. He indicated that it was up to the Council to decide whether or not to waive it. Mr. Monahan suggested that the Council wait on a waiver decision until staff determined the fee amount following the submittal of the application. Mr. Monahan summarized the Mayor's direction as identifying the locations of the existing sidewalks on Mr. Corliss' properties to see if there was a dominant Rre-existing scheme. Mr. Duenas pointed out that Mr. Corliss had no sidewalks along SW 69 . He said that sidewalks existed only on the Franklin portion and on Elmhurst. He noted that it was a different situation than Mr. Szanbelan's because of the lack of existing sidewalks. 4. PUBLIC HEARING-VACATION OF AN APPROXIMATELY 9,381 SQUARE-FOOT PORTION OF THE SW ROSS STREET RIGHT OF WAY, EAST OF SW HALL BOULEVARD a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges Councilor Hunt declared that he has walked by the property. Councilor Scheckla declared that he drove by the property frequently. All Councilors indicated their familiarity with the record. There were no challenges from the audience. c. Staff Report Jim Hendryx, Community Development Director, mentioned that the Council initiated the vacation request on April 13, 1999, by resolution. He reviewed on a map the location of the proposed right-of-way vacation and the new alignment of Ross Street to tie in with the intersection of Sattler. He noted that the right-of-way was partially improved with center line improvements but not curbs and gutters. He said that the City conditioned the Applewood subdivision to put in a signal at the Sattler intersection and make some improvements. He mentioned that the City also conditioned the new Hampton Court subdivision to construct the other half of the road realignment. He stated that staff received no negative comments from any agency, other than maintaining the public utility easements as necessary. Councilor Hunt asked if the City had to buy the new right-of-way property. Mr. Hendryx said no, it was part of the development proposal. He confirmed that the City was giving up the right- of-way in exchange. d. Public Testimony Mayor Nicoli read the land use hearing criteria. TIGARD CITY COUNCIL MEETING MINUTES—JUNE 8, 1999—PAGE 15 Steve Manjold, 8275 SW Ross Street Mr. Manjold spoke in support of the proposed vacation, realignment of Ross Street with Sattler, and the installation of a traffic signal at the intersection. He commented that it was only fair that McDonald's be compensated for the vacation, as it made their property more difficult to develop. e. Staff Recommendation Mr. Hendryx noted a correction to his earlier statement regarding the City not purchasing right- of-way. He said that the City did purchase the 60 feet of right-of-way with the realignment several years ago, prior to the subdivision application. Councilor Hunt stated that it bothered him that the City had to buy land in order to use but then gave away land through a vacation. Mayor Nicoli commented that that was the way the system worked. Councilor Scheckla asked for clarification on the location of the right-of-way. Mr. Duenas explained that the right-of-way extended down to SW 815`but the City only purchased the portion necessary for the realignment. Mr. Hendryx recommended approval of the vacation request with two conditions: all improvements to the new Ross Street alignment be completed and accepted by the City prior to the final vacation of the old right-of-way, and the vacation be subject to reservation of a public utility easement. L Council Questions g. Mayor Nicoli closed the public hearing h. Council Consideration: Ordinance No. 99-15 Motion by Councilor Hunt, seconded by Councilor Patton, to adopt Ordinance No. 99-15. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-15, AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 9,381 SQUARE FOOT PORTION OF THE ROSS STREET RIGHT OF WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion was approved by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted"yes.") 5. UPDATE: WATER CONSERVATION PROGRAM Mike Mills,Utility Manager, introduced Kim Swan, Water Conservationist/Water Quality Program Coordinator. He stated that the City hired Ms. Swan from the City of Gresham in October 1998 to work the City's water conservation program at the regional and local levels. He pointed out that staff has not been able to run local conservation programs due to lack of a dedicated staff member. Ms. Swan reviewed the accomplishments in water conservation this fiscal year. She stated that she has continued the monthly Cityscape articles on conservation and the staff work with Portland. She presented the utility billing insert going out to customers in July and August. She TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 16 mentioned the success of the residential water audit program this year with 50 audits (scheduled for completion by June 15). She reported that the customers who participated in last year's program saw an average of an 11%water savings compared to neighbors who did not participate in the program. Ms. Swan reviewed her work on water conservation education,particularly with youth. She mentioned a Water Efficient Landscaping workshop scheduled at the library next week. She noted the success of a regional puppet show performed by the Oregon Puppet Theatre and sponsored by the City Water Department for first and secondary graders at the elementary schools. She shared a letter from second-grader Zachary at Mary Woodard thanking them for the show. Ms. Swan reported that she attended the Fifth Annual Clean Water Festival in March held at PCC Rock Creek. She noted that a number of students and teachers from Tigard also attended. She stated that, by the end of the school year, she will have given a combination video/activity presentation to 1,000 elementary and middle school students in Tigard. Ms. Swan reported that she has been nominated to chair the Columbia Willamette Water Conservation Coalition, an organization of 16 regional water providers with which Tigard has been involved since 1992. She said that her duties would be to coordinate the Coalition activities. She reviewed the Coalition's current activities, including a summer multi-media campaign, conducting landscape workshops in cooperation with local nurseries, and a low water use plant identification project in cooperation with local nurseries. She mentioned the Youth Education Committee's "Wet Workshop,"a program attended by 30 teachers, including several from the Tigard schools. Councilor Scheckla asked if Ms. Swan gave her presentation to private schools also. Ms. Swan said that, while she has not targeted any private schools this year, she did try to mail them information also. Councilor Patton encouraged Ms. Swan to use the Fourth of July celebration as an opportunity to distribute information also. • Mayor Nicoli recessed the meeting at 9:10 p.m. for a break. • Mayor Nicoli reconvened the meeting. 6. PUBLIC HEARING- (CONTINUED FROM MAY 11, 1999) - MODIFY METRO GREENSPACES INTERGOVERNMENTAL AGREEMENT a. Mayor Nicoli reconvened the public hearing. b. Staff Report c. Public Testimony • Robert Millett, 15605 SW Roshak Road, Friends of Cache Creek Park Mr. Millett said that the Friends group was organized two years ago to oversee, protect and maintain this area of Bull Mountain. He noted the two options available to the Council for spending the remaining greenspaces funds: the one acre Hanson property or Fanno Creek trail construction and maintenance. He mentioned Councilors Hunt and Scheckla's recommendation not to consider the one acre property for purchase, following their site visit. He listed their TIGARD CITY COUNCIL MEETING MINUTES—JUNE 8, 1999—PAGE 17 objections as 1) the City has already spent considerable greenspaces money on Bull Mountain to purchase Cache Creek Park, and 2) the park would only serve the immediate neighborhood, not the City as a whole. Mr. Millett spoke in support of purchasing the one acre Hanson property as the best way to use the remaining available greenspaces dollars. He said that doing so would be consistent with the major purpose of the greenspaces program, to purchase and acquire natural areas. He cited the superb biological quality of the parcel with a high biological diversity rare in this region(as documented in a report by Bruce Marcourt, a wildlife ecologist), as a reason why it was important to maintain this piece. Mr. Millett noted that this area would become a natural area of regional importance because of its uniqueness and size. He said that saying that it would only serve the immediate neighborhood was like saying that Mt. Hood only served the people in East Multnomah County. Mr. Millett informed the Council that if the Council approved the purchase of the Hanson property, one of the neighbors, Mr. Ru Lun, would donate his .6 acre parcel next to the Hanson property to the City. He pointed out that this would gain the City 1.6 acres of lovely forested area that was all part of the same ecological system. He mentioned that the people who owned the wooded canyon containing the headwaters of Cache Creek would be willing to sell the lower part of it sometime in the future, and move their residence to the upper part. He urged the Council to reconsider using the greenspaces money for this purpose. Councilor Moore asked if Cache Creek Park had different landscape, fauna and flora than the Hanson property. Mr. Millett said that it was all part of the same system. He explained that the Hanson property was the forested uphill portion while Cache Creek Park with the creek coming into a pond had the drainage system with some clearings. Larry Moore, 15585 SW Roshak Road Mr. Moore contended that if the Hanson property was left for development, clearing the land of the trees could potentially have a disastrous impact on Cache Creek Park with the drainage running downhill. He quoted the statements at the Metro Regional Parks and Greenspaces website with regard to the need to protect and manage natural areas for purposes of solitude, recreation and nature for future generations, as more urban land developed to accommodate a growing population and these pieces of land grew scarcer. Mr. Moore noted that this was a good opportunity for Tigard to make a decision that would benefit people for a long time. He urged the Council to consider the acquisition of this property in order to preserve it. David Butz, 15540 SW Baker Lane Mr. Butz supported the comments of Mr. Millett and Mr. Moore. He emphasized the value of the Hanson property, given the consequences of leaving it unprotected. He said that leaving this parcel unprotected placed in jeopardy the substantial investment of the City in the Cache Creek greenspace. He characterized the parcel as an integral piece of the whole Cache Creek area, indistinguishable from a naturalist's point of view. Mr. Butz mentioned the orange dots on the trees, placed there by surveyors identifying trees for removal the last time the property came close to being developed. He explained that, according to the rules of the sewage agency, the developer would have to remove all the trees and fill the TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 18 land in order to bring it up to a height to allow gravity sewer. He noted that building houses over landfill created hydrological and drainage issues that were extremely difficult to mitigate. He said that it would destroy Cache Creek Park. He spoke to the Council acting as good stewards of their investment in Cache Creek Park and purchasing this property. • Joyce Josephson, SW 157`" Ms. Josephson indicated her support of the previous speakers' comments. She spoke to -protecting the City's existing investment. She explained that if Mr. Hanson built up the property, as he had planned to before, he would have a 6 to 12 foot bank with his houses up above and the neighbors' houses down below where the drainage would come. She mentioned that Mr. Hanson has expressed an interest in selling to the City. She pointed out that the other parcels mentioned by Mr. Millett would protect this parcel. Ms. Josephson spoke to acquiring more land with the greenspaces money as the key goal of the program. She reiterated that good pieces were getting difficult to find, citing her eight years of experience as a realtor. She said that the neighborhood and the Friends group were willing to do trail maintenance and save money that way. She mentioned the homes on Bull Mountain that have slid off their foundations as a reason for the neighborhood's concern that development of this parcel could have a damaging effect. d. Staff Recommendation e. Council Questions Councilor Moore asked what the size of the Cache Creek Park was. Councilor Patton noted that it was a 12 acre natural area. Mr. Hendryx confirmed that, although the park fell within Tigard's urban growth area of interest, it was not within the Tigard city limits but within the County. Councilor Moore asked if the neighbors went to Washington County with this request. Mr. Millett said that the County has used up all its greenspaces money. Councilor Moore asked if there was a commitment for a price from the owner. Mr. Hendryx confirmed that staff did not know what the price would be, as they have not entered into negotiations with the owner. L Mayor Nicoli closed the public hearing g. Council Consideration Councilor Hunt stated that he understood the neighbors' concerns and desire to protect their property. He said, based on his visit, that he did not think that there was much public access to the parcel. He pointed out that this parcel would require a high level of maintenance from the City's Parks staff. He commented that the Parks staff's responsibilities have already greatly increased with the City's purchase of so much property in the past few years. Councilor Hunt supported spending the money on the Fanno Creek trail. He stated that he thought that they have spent enough money in the Bull Mountain area and needed to distribute the money more equitably around the entire city rather than concentrating so much of it in the Bull Mountain area. Councilor Scheckla concurred with Councilor Hunt that this parcel was difficult to find and to access. He pointed out the lack of parking. He mentioned potential liability problems and the TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 19 difficulty senior citizens would have in walking in that area. He spoke to the importance of obtaining land that was available to all the people, not to protect the property of one small group of people. He noted that,with the purchase of the Cache Creek Park property, the City effectively did try to protect the neighborhood. Councilor Scheckla spoke to getting more mileage out of their dollars by using it for Fanno Creek paths and trails (which were low maintenance). He emphasized the difficulty of finding the parcel, contending that only those living on Bull Mountain knew where it was. He indicated that the neighbors on the tour with he and Councilor Hunt stated that they did not want any parking installed because they wanted to maintain the natural environment. He noted that, without parking, the parcel became a neighborhood park, not a city park. Councilor Moore asked how large the reservoir site adjacent to the Cache Creek Park was. Mr. Hendryx said that it was at least 12 acres, if not slightly bigger. Councilor Moore pointed out that the City had 24 acres up there that would be undeveloped, other than the site of the reservoir itself. Councilor Moore stated that he believed that the Council and the City as a whole were good stewards who have done an excellent job of buying land to preserve for future generations. He concurred with Councilors Hunt and Scheckla. He said that the Council has done a great job in setting aside close to 24 acres of natural greenspace on Bull Mountain. He noted that more people in the City of Tigard would use the Fanno Creek bike paths and trails. Therefore, he saw that as a better use of the money for the City as a whole then spending it on one acre. Councilor Patton commented that, while she appreciated how the neighbors felt about this one acre and its potential benefits,the City had no idea what the price might be. She said that there were so many areas in the city where the money could be put to better use that she could not see purchasing this parcel as outweighing those other uses. She agreed that the City already had a significant amount of greenspaces property. She commented that because the concept of greenspaces did not necessarily include ready access to everyone, she did not consider the argument about a lack of parking as a strong argument. She spoke to spending what funds they had in as many places as possible in order to get the greatest value they could. She supported spending the remaining funds in other areas. Councilor Hunt stated that he did not like the way either of the two proposed resolutions was written. He said that he would not vote for either one of them at this time. He noted that the language in Exhibit A indicated that the City would still put$43,500 towards the Bull Mountain forested area. Mr. Hendryx clarified that the reallocation of the $43,500 towards the Bull Mountain forested area was a bookkeeping matter. He explained that the City fronted the money for the Cache Creek Park purchase out of its parks money, not its greenspaces money, because of the lengthy public process required before spending the greenspaces money. He said that this reallocation simply reimbursed the park fund for that money. Mr. Monahan suggested that staff come back next week with a detailed explanation of the reallocation request, and re-schedule the resolution for the June 22 consent agenda. He noted that the Council agreed by consensus not to pursue this one parcel. 7. CONSIDER REQUEST FOR PACIFIC RIDGE TO USE CITY PROPERTY FOR PRIVATE WETLANDS MITIGATION Mayor Nicoli noted that this item was withdrawn at the request of the applicant. TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 20 8. UPDATE: WASHINGTON COUNTY AND INTEL CORPORATION TENTATIVE AGREEMENT ON A STRATEGIC INVESTMENT PROGRAM APPLICATION Mr. Monahan informed the Council that tomorrow night there would be a public forum on this issue held at the Public Services building in Hillsboro from 7:30 p.m. to 9:30 p.m. He said that if the Council wished to give input, this was the appropriate time to do so. He pointed out that the Council did not have to give input. Mayor Nicoli stated that he would attend the meeting to speak as an individual. He asked the Council to support the direction that the County Commissioners have taken on the agreement. He explained that Intel was going to retool and maintain its more than 4,000 jobs in the County. He observed that Intel has been a good corporate citizen, generously supporting the schools and the programs. He said that he would represent the Council at the meeting, if so desired., Councilor Hunt asked what the difference was between this agreement and tax increment financing. Mr. Ramis explained that they were fundamentally different in concept. He said that the Intel proposal was for direct tax relief. He described tax increment financing as lifting off a portion of the taxes paid by property owners in the urban renewal district and reinvesting it in the district. Mr. Monahan commented that Intel would get tax relief because Oregon's tax structure did not encourage high tech industries, as it encouraged the agriculture and timber industries. Therefore,high tech industries were penalized in comparison to other industries. He observed that this was an attempt to even the playing field between Oregon and other states which have built a tax advantage for high tech industries into their taxing structure. Mayor Nicoli mentioned that, with their last agreement, Intel gave discretionary money to the County which the Commissioners turned over to the schools. He said that this time, that discretionary money would be spent county-wide and any agency or non-profit in the County could apply for it. Councilor Scheckla asked Mr. Ramis to review why Tigard got Washington Square and Portland and Beaverton did not. Mr. Ramis explained that Tigard had two principal advantages over the other competing jurisdictions for the annexation. He said that Tigard emphasized that it did not have Portland's business license tax (effectively a sales tax on retail businesses). He said that, with respect to Beaverton, Tigard was willing to make annexation more favorable by phasing in the Square's property taxes and to spend some of those revenues on improvements in the Washington Square area. Councilor Patton commented that she thought it was a good agreement and that Intel's requests were reasonable. She pointed out that it was not an insignificant amount of funds that Intel was guaranteeing to pay. Councilor Scheckla said that he also would support the agreement, citing the benefit Tigard received from Washington Square, The Council agreed by consensus that Mayor Nicoli should speak for the Council at the public forum in support of the agreement. 9. COUNCIL LIAISON REPORTS: None 10. NON AGENDA ITEMS: None TIGARD CITY COUNCIL MEETING MINUTES—JUNE 8, 1999—PAGE 21 11. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 9:57 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 12. ADJOURNMENT: 10:30 p.m. Attest: aiherin'e Wheatley, City Recorder Mayor,�161f-Tfkar Date: -7 hADM\CATHY\CCM1990608.D0C TIGARD CITY COUNCIL MEETING MINUTES —JUNE 8, 1999—PAGE 22 N8 X199 30 P CITY OF TIGARD PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m.to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice)or 684.2772(TDD-Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772(TDD-Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA-JUNE 8, 1999 - PAGE 1 TIGARD CITY COUNCIL MEETING JUNE 8, 1999 AGENDA 6:30 PM 0 STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660(1)(d), (e), &(h)to discuss labor relations, real property transactions, current and pending litigation issues.As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > CITY ATTORNEY TRAINING: ELECTIONS > CITY MANAGER'S REVIEW 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order-City Council &Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA(Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes: April 27, 1999 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Adopt Policy on Placing Memorials in City Park Facilities within City-Owned Properties and for City Buildings-Resolution No.99- 3.4 Amend Council Groundrules-Resolution No.99- 3.5 Adopt Tualatin Valley Fire and Rescue Ordinance 99-01 and Repeal City of Tigard Resolution No.97-32-Resolution No.99- 3.6 Approve Cost of Living Adjustment for Management/Supervisory/Confidential Group Employees Effective July 1, 1999-Resolution No.99- 3.7 Approve Washington County Inter-Library Information Network (WILInet) Intergovernmental Agreement COUNCIL AGENDA-JUNE 8, 1999 - PAGE 2 3.8 Approve Washington County Cooperative Library Services (WCCLS) Intergovernmental Agreement 3.9 Approve Budget Adjustment No. 9 for Acknowledgement of Insurance Funds Received from a Damaged Police Vehicle and Appropriation of Funds to Replace the Vehicle—Resolution No. 99- 3.10 Approve Budget Adjustment No. 10 for Consulting Fees for a Feasibility Study of a New Recreation District—Resolution No.99- 3.11 Adopt Resolution to Support Magno Humphries' Efforts to Obtain a Loan from the Oregon Economic Development Commission—Resolution No.99- 3.12 Local Contract Review Board a. Award Contract for the Construction of SW 106th Avenue and Johnson Street Sanitary Sewer Extension to Venture Construction, Inc. b. Award Contract for the Construction of SW Grant Avenue Improvements to Sight Excavation, Inc. C. Award Contract for the Construction of Walnut Street and Tiedeman Avenue Intersection to Benge Construction Company d. Award Contract for the Construction of SW 116th Avenue Storm Drainage Improvements to Venture Construction, Inc. e. Award Contract for the Reconstruction of Pathways for Jack Park & Englewood Park to Sun Quest Construction Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 4. PUBLIC HEARING—VACATION OF APPROXIMATELY 9,381 SQUARE-FOOT PORTION OF THE SW ROSS STREET RIGHT OF WAY, EAST OF SW HALL BOULEVARD a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: Applicant, Proponent,Opponent, Neutral, Rebuttal e. Staff Recommendation f. Council Questions 9. Close Public Hearing h. Council Consideration: Ordinance No.99- 5. UPDATE: WATER CONSERVATION PROGRAM • Public Works Department COUNCIL AGENDA—JUNE 8, 1999 - PAGE 3 6. PUBLIC HEARING (CONTINUED FROM MAY 11, 1999) — MODIFY METRO GREENSPACES INTERGOVERNMENTAL AGREEMENT a. Public Hearing Continued b. Staff Report C. Public Testimony d. Council Questions e. Close Public Hearing f. Council Consideration: Resolution No.99- 7. CONSIDER REQUEST FOR PACIFIC RIDGE TO USE CITY PROPERTY FOR PRIVATE WETLANDS MITIGATION • Community Development Department • Council Consideration: Motion to Allow Pacific Ridge and the Specht Development Company to Use City Property for Private Wetlands Mitigation 8. UPDATE: WASHINGTON COUNTY AND INTEL CORPORATION TENTATIVE AGREEMENT ON A STRATEGIC INVESTMENT PROGRAM APPLICATION • City Administration 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential;therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 12. ADJOURNMENT 1 AAD MXCATHY\CCA\990608,D 0C COUNCIL AGENDA—JUNE 8, 1999 - PAGE 4 Sent By: WAG DESIGN INC. ; 503 603 9944; May-27 19 9:32AM; Page 1 R D E S R C N 9 N C-- FAX TRANSMIrrAL T� To: � �� .. - Date: OOOM Company %Alb,—� Ajj!!�Vj kO** NO. Pages including cover: Fax No: � rs =?Let�— Hard copy to follow: Yes IN From: ph% Re' Or%my'e, WRG No./Project Name:—V*rMS For Your: 0 Review and Comment XAs Requested Ase 0 Information/File Comments: to b G:\WRGIFORMS\PROJECTTEAMCORRESIWRGTRFAX.DOC Planners Engineers Landscape Architects Surveyors a 1t)AI;i) e-'%IJ A.t- D—+1-4 r)D 0-7-1�1)7 - t=^'ZN C41-Z nn-z-z - /=^-YN en-r n^AA /-9--X - Sent By: WAG DESIGN INC. 503 603 9944; May-27 99 9:32AM; Page 2/3 EXHIBIT"A" STREET VACATION TIGARD, OREGON S.W. ROSS STREET(C.R. NO. 1290) JOB NO. MAT006 MAY 27, 1999 LEGAL DESCRIPTION: A 45.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF S.W. ROSS STREET(C.R. NO. 1290) SITUATED IN THE SOUTHWEST QUARTER OF SECTION 12 IN TOWNSHIP 2 SOUTH. RANGE I WEST, WILLAMETTE MERIDIAN AND LOCATED IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, SAID STRIP DESCRIBED SPECIFICALLY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID S.W. ROSS STREET(C.R. NO. 1290), 20.00 FEET SOUTHERLY FROM THE CENTERLINE THEREOF, MEASURED PERPENDICULAR THERETO, WITH A LINE 45.00 FEET EASTERLY OF THE CENTERLINE OF S.W. HALL BOULEVARD(C.R. NO. 23), MEASURED PERPENDICULAR THERETO, SAID POINT OF BEGINNING BEARS NORTH 00037'55" EAST, 2286.69 FEET AND NORTH 89020'10" EAST, 45.01 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 12;THENCE PARALLEL WITH THE CENTERLINE OF SAID S.W. HALL BOULEVARD NORTH 00037'55" EAST, 45.01 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID S.W. ROSS STREET, 25.00 FEET NORTHERLY FROM THE CENTERLINE THEREOF, MEASURED PERPENDICULAR THERETO; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 89020'10" EAST, 282.60 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, THENCE ALONG THE ARC OF A 230.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 19052'16"(THE LONG CHORD BEARS SOUTH 6725*55"WEST, 79-37 FEET)A DISTANCE OF 79.77 FEET TO A POINT OF TANGENCY,-THENCE SOUTH 5702947"WEST, 29.17 FEET.TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF S.W. ROSS STREET, THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89'20'10"WEST, 185.20 FEET TO THE POINT OF BEGINNING. CONTAINS 9,381 SQUARE FEET(0.215 ACRES) SHEET 1 OF 2 ItiLIL LC' L T-,'C,')' T. Sent By: WRG DESIGN INC. ; 503 603 9944; May-27 q9 9:32AM; Page 3/3 EXHIBIT MAP FOR A STREET VACA71ON A PORTION OF S.W. ROSS STREET (C.R. NO. 1290) LOCATED IN THE SW 1/4 OF SECTION 12, IN T 2 % R I W. VAUAMETTE MERIDIAN CITY OF TIGARD WASHINGTON COUNTY, OREGON MAY 26, 1999 S.W. ROSS STREET (C.R. NO. 1290)_ 45' ka N89*2 10"E 282,60' (D 7-- b 7\—POINT Of BEGINNING14 )48920'10"E 'o Lc'�- 45.01' �ec� PROPOSED RIGHT-OF-WAY DEDICATION cla 10d GJ > uj CURVE TABLE 0 DELTA I RADIUS LENGTH I CHORD U CH DIST M z 1 10-52'16" 1 230.00' 1 79,7 _7' ISS725'55-WI 79-37' LEGEND; Z: 30' [ =PROPOSED STREET VACATION 9,381 SQUARE FEET 0.215 ACRES 1-1/4" BRASS DISK IN MON. BOX SHEET 2 OF 2 SW COR. SEC. 12 JOB NO. MATM lid 12 HELD PER USST BK 2. PG 10 14 13, R E a I Qw- N I N 10450 SW NIMBUS AVE.. PORTLAND, OREGON 97223 -a{503) 603-9933 FAX: (503) 603-9944 PLANNERS.ENGINEERS m LANDSCAPE ARCHITECTS a SURVEYORS CITY OF TIGARD Community Deve(opment Shaping,4 Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, JUNE 8, 1999, AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: ROSS STREET PUBLIC RIGHT-OF-WAY VACATION APPLICANT: Lynn & Monica McDonald 8340 SW Ross Street Tigard, OR 97223 REQUEST: The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON APRIL 13, 1999 BY SETTING A FORMAL PUBLIC HEARING DATE OF JUNE 8, 1999. ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY JUNE 8, 1999, BY 7:30 PM. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR MARK ROBERTS, ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. (VICINITY MAP IS ON THE OTHER SIDE OF THIS NOTICE) ROSS STREET PUBLIC RIGHT-OF-WAY VACATION NOTICE OF 6/8/99 CITY COUNCIL PUBLIC HEARING ILL j li W LLJ l4z u I ii Ei U.0-i CIO L-,) II o le=y--> 1237 e—v-- 0 _� - __�______ �__ __ _ L _ ,_ 1 3A".L6L— A HI CHI 3 18 co < 0 HiJ7 z 71 Z BLVD I H198 S R R�El�l _YlIG — 3AV HiN 3AV z Higg MS F LL COMMUNITY NEWSPAPERS, INC. Legal ,, P.O. BOX 370 PHONE(503)684-0360 Notice -T 9411 BEAVERTON,OREGON 97075 Legal Notice Advertising 'City of Tigard 0 11 Tearsheet Notics.e. 3rd annual 13125 STJ Hall �ilvd. 0 0 Duplicate AffidaN *Tiq,ird,0reqon 97223 •7X 0 C 1_-.(,i,o1.ints •Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )'s- Snvder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of th rilicrard-Tilalatin T;'LMPS a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard --in the aforesaid county and state* that the Ross :Si-reei- Public: Richt Df a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for `V170 -successive and consecutive in the following issues: Play 20 , 27 , 1 99 Subscribed and sworn to b remethis27th de')V Of UaY, 1999 OFFICIAL SEAL A&!ZO2- ROSIN A. BURGESS Notaq,�%bli'c_for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 062071 My Commission Expires: My COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT CITY OF TIGARD,OREGON RESOLUTION NO. 99—� A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 9,076 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW ROSS STREET. WHEREAS, the approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision; and WHEREAS, new public right-of-way has been dedicated for a new alignment of SW Ross Street and, after construction of the new alignment the original right-of-way will not be used in any form; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard(Exhibit"A"); and WHEREAS,the public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of approximately 9,076 square feet of public right-of-way commonly known as SW Ross Street cast of SW Hall Boulevard, as more particularly described in Exhibit"B" and Exhibit"C" and by reference,made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, June 8, 1999 at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right- of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times,a newspaper of general circulation in the City of Tigard, a notice of said public hearing, the first publication to be on May 20, 1999 and the final publication to be on May 27, 1999. The Recorder is ftirther directed to cause to have posted within five (5)days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated. RESOLUTION NO.99- iAcitywide\res\vaeateross.res Pagel of 3 1-Mar-99 Mark J.Roberts PASSED: This�_ day of — _, 1999. IV ! - :�2� Mayor tY of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO.99-�2& iAcitywide\res\vacateross.res Page 2 of 2 31-Mar-99 Mark J.Roberts SC 636-5443 P. 2 ar 24 99 09: 16a Ch s Balmes EXHIBIT "A" 3/23/99 City of Tigard Tigard,Oregon ATTENTION: City Cmmcil of Tigarc SUBIECr: 8340 SW Ross Street,Tigard,Oregon Gentlemen: Please initiate at your earliest convenience the vacation process for the property i�ted on Ross Street in Tigard. As you know,this vacation process is dine to the reaUgnrneat of Ross Street. There is a new right of way in the process due to this realignment. We have included for your review a plat map showing the property involved in this realignment,as well as a letter addressing the vacation process From Hanna,McEldowrtey& Associates,a firm hired by the City of Tigard It is imperative to us that you process this application as sma as is posmble since we have a pending sale on our property located at 8340 SW Ross Street,Turd,Oregon. Thank you , Lynn and Monica McDonald (503)838-0757 Mar 24 99 09: 18a Ct s Balmes 5( 636-5443 P. t *T7 EXHIBIT L6G" i t4.5 IIVyn, ..1 z` ist 1-090-012 - 0 > IK.bI '4 25 n - 1634 frig ♦ - t 42400- 12300 i .24At. 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Ly 4 t t51 70 71 12 72 S/ 146 is. a ^ am 38 - s *<c t x y iowt I 149 14100 ( H: CH j al b S- „ 1Qa's 1Od is- 14d a -This plat is_tai your aid in ..is � ` ^6451 IIx ro is s< tsa6r v '° locating your land with reference 1 zarut 4(101A arntl a al-+z sx 4300 _ 5400 : 4a streets and oilier parcels While this plat is believed to be correct,the company assumes no liability for any loss occurring by reason at reliance!hereon.- No._q S L12 C-Z r C*+<-"IIIt£W%LWANXI COMPANY jW01 5 C $i1NNYst0E PIOAD CL4C"'AAS.01W(:)t V1046 REQUEST FOR VOMMEgJ§vED PLANNING CITY OF TIGARD Community Deve(opment Fiaping,A Better'Community DATE: April 14,1999 f�,4Y 0 3 1999 TO: Patty Stambaugh,US West Communications Engineering CITY OF TIGM �6 J FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts Associate Planner Phone:[50316394171 FU[50316847297 RE: A ROSS STREET PUBLIC RIGHT-OF-WAY VACATION Q .a:,i a</.zii ,.,;1/di(.I.< „+a q /,i a,.(U./,✓moi r//////lJlnA/ /%/..,'�.- //..,'wP ell-1111-1 l/a"" %fef/". //d!/p,R. !,iAJ.. .////lol ASi:l%l/Olr./i . e'r':.: l/,e•v./dol iiii. . i, i ti ✓gyma The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an o` approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way :y will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. ':/.i./ ,. "l,/%/iii l':ni//6iii. F:,./i.///./////;%//r///%i%/i..i/,.i Y✓/li;Y///h, /.,—,W/,fL/./,'-.'!! .iii, .,:iJ..i /./.l//ri,,,,,, a, i/////rli:;,,i, •.:j%%//. ,,..i,. %. ,, t ,,.. . i. Attached are the Site Plan,Vicinity Map and Applicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to con�aient on this application, WE NEED YOUR COMMENTS BACK BY: [MONDAY - MAY171999). You may use the space provided below or attach a separate letter to return your comments. if you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. if you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Tease pro(4ufe the following information)Name of Person(s)Commenting: Phone Number(s): ROSS STREET PUBLIC RIGHT-OF-WAY VACATION REQUEST FOR COMMENTS REQUES,T' COMMENTS C20 RECEIVED ,,,ffY.OF TIGARD 'EJVZD PLJ�teommunzty Development a� < Shaping,4 Getter Community DATE: April 14,1999 mm 0 3 1999 R99 y TO: juna Huffman,USA/SWMFrog i CiTOF TJWD FROM: City of Tigard Planning Division TACT. Mark Roberts,Associate Planner Phone:(50316394171 Fax:[50316847291 BE: ➢ ROSS STREET PUBLIC-RIGHT-OF-WAY VACATION The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. �IXAM'," -6144V Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (MONDAY - MAY17,1999). You may use the space provided below or attach a separate letter to return your comments. 11 YOU are unable to respond by,the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (,Please pramde the jo&,ainyinformation)Name of Person(s)Commenting• 0z I Phone Number(s): I' ROSS STREET PUBLIC RIGHT-OF-WAY VACATION REQUEST FOR COMMENTS Apr-19-99 07 : 30A TCI St-Helens 503 397 5686 P.01 r-ITC1 FAX COVER SHEET Cry T E TIME: TC wg-Ll Ackla, FRCM ------------- TCI OF TiatALAT I N VALLEY 14200 S .W. BRIGADOON CT . BEA ERTON, ORSOON 97005 ONE : ( 503) 605--095 FAX : ( 5,03 ) 60,5--4186 NUMBER OF PAGES IN THIS TRANSMISSION INCLUDING THIS COVER SHEET! NOTES : -- - ,.i of 7t4lafM`13e'.ay,tM:: 1420.9 J.i'4..ef*.;.,dt .•Y?,W.atjo €1e,avirtc,i,OR 977(;.5 (n)MA895 Apr-19-99 07 : 30A TCI St .Helens 503 397 5686 P .02 REQUEST FOR COMMENTS CITY OF TIGARD ,f4qtinill-4 1,44"!' ,omm"'wid-Y DATE; A 61.14,1990 Ta: Pat McGann,,T I Cablevision of Oregon FROM: STAFF CONTACT, Mark Roberts ASSOCIale Planner ............ Phone:150316394171 fax:15031684-7297 BE: ROSS STREET PUBLIC RIGHT-OF-WAY VACATION WIN The Witioner is requesting that the City of Tigard initiate Vacation prose dings to vacate an approximately 9,076 square toot, portion of public right-of-way on SIV'V Ross Street west of SW Hall Boulevard. The approxiniately 9,076 square foot Dortion of the road had previously been dedicated to the pubkc, with the p atting of the, kGood Acres Sub"i'vision and new public. right-of-way has been defflcated for a new alignment of SW Ross Street, Following construction of the now al.gnment, the original, right-ot-way will no IoiN. er be necessany. LOCATION: Southwest Ross Street, oast of SW Hail Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. Attached are the Site Plan,Viciab Map and ApplicaRt's Statement for your reviem From inforrnaUon supplied by various dep-ar.ments -and agendes and from other inforruation available to our sflaff, a repoil and re-lommendafion will be -, s prepared and a decisioln will i e rendered on the pmpos-al in he near f0ture, If you wilt i lo corvnet t on th' apokation, R AY 11 VE.hLE.LQ.YQLj-.. CQJNIMENT,5-RA-�Q—K-L�-Y. (M-0--NDAY -—M -1119-9-91� You may use the space nrovided �belovv o,att-ach a -s a -�e thi conlac separate letter to return dour commen, !Ugq 14q,40�e dat#, ple, se phor, e staff noted ai,ove with ,,,our C-0mmeri's aml-1corifirm your comments in wnting as soon tis possible, If you have any qLj(iS'&1S. Contact tl e Tigard Ranning Division. 1312i SW ball Boulevard, Tigard, 013 9722 3, PLEASE CHECK THE FOLLOWING ITEMS THAT APPI,Y: .......... --------- �il�e have: reviewed the proposal and have no obipctions to it. Please contact -- _ ...__w.._ ___ �.- _..w w:v., � cif our office, Please refer to the enclosedl letter. 0.lriten comments rlrav;ded beiow-1 .......... ........... ........... ........... . ..... ....... .......... .......... . ------------- -------------- -------- of Person(W Commenting: ROSS STREET PUBLIC RIOHT-OF-WAY VACATION QF()fJF-qT PIP rnk1MF?dTt-, 220 NW 2ND AVENUE PORTLAND.OR 97209 NW Natural TEL 503.226.4211 www.nwnaturaI.com RECEIVED PLANNING April 22, 1999 APR 2 3 1999 CITY OF TIGARD Mark Roberts City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 RE: Vacation of a portion of SW Ross Street west of SW Hall Boulevard Please be advised Northwest Natural has no gas distribution facilities within the proposed vacation area. We would, therefore, have no objection to the vacating of the area requested. Please notify us when the vacation is complete so that we can update our records accordingly. Sincerely, Judith Wisniewski Engineering Department Ext. 4338 Plat Number: 1-046-021 Doc.No.: 990067 REQUEST FOR COMMENTS CITY OF TIGARD RECEIVED PLANNING Community 1Devefopment ShapingA Better Community DATE: April 14,1999 APR 21 1999 TO: Brian Moore,PGE Service Design Consultant CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT. Mark Roberts Associate Planner Phone:1503)6394171 Fax:[5031684-7297 RE: l ➢ ROSS STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of--way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square fact portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. e61'.S %-6 q/-. a .../e, ✓%l,/fff l!,/i,FiAf-;Y. .d".[ %O.L„ 116�'+%",.CIIO/OL,.,, ml:.a:.:0i.,rvl l;,_ fila. id,:lN �, o. „ _.i 1 _.:,�.<.. 6i.�/..:1,6/,„ E .,,lm6.1, ,.�%/ ii � Pice, , o .E Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [MONDAY - MAY 1719991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. X Written comments provided below: (1 n4 '�J 1�'1�.- iK/ Ll' i (Please provufe the following information)Name of PerSon[S)Commenting: Phone Number(s): �70-Ott ROSS STREET PUBLIC RIGHT-OF-WAY VACATION REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD �ommunitent ("rl,t_ ;jn nunity DATE: April 14,1999 APR 19 1999 TO: John Roy,Property Manager/Operations Department =OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts Associate Planner Phone:t5031639417t Fax:15031684-7297 RE: ➢ ROSS STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for o a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. .. .a.,, o, . a.. J �.�_. ,� :-AW— Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [MONDAY - MAY1719991. You may use the space provided below or attach a separate letter to return your comments. If YOU are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASk CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: t � r (Tkase provide the foflowing information)Name of Person(s)Commenting: Phone Numberls): ROSS STREET PUBLIC RIGHT-OF-WAY VACATION REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD o evel pment RECEI�If ��er Community DATE: April 14,1999 APR 19 1999 TO: Michael Miller,Operations Utility Manager CLTY 01FT&W FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts Associate Planner Phone:150316394171 Fax:[5031684-7297 BE: ➢ ROSS STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, '1999. i,.<.-.z, iz;s, !.'z:.- .�.// %%i//✓6 v,iy :iOrl//.Oi//mfI / =06 O/Or1//�% .5/��!'.:YO✓i.. ".. .w.x:.l/B /�/id... a OG/OiOlvli .".ri G...e,'//0., vl,'b/r, -Ove Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [MONDAY - MAY17,1999). You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (grease provide the following information)Name of Person(s)Commenting: Phone Number(s): " ROSS STREET PUBLIC RIGHT-OF-WAY VACATION REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD RECEIVECI PLANN Gmnnity(Deve(opment ,S'haping,4 Better Community DATE: April 14,1999 APR 1 .9 1999 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer CITY OF 11GM FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts Associate Planner Phone:(5031639-4171 Fax:(5031684-7291 BE: ➢ ROSS STREET PUBLIC RIGHT-OF-WAY VACATION Q /r .o��.�va �� /W,a,i.,.�w; iii,,,ax.i �,..v �.� � lair�a i The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of--way has been dedicated for r a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. /rll+•.'W,� . /(¢:.2/, A Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (MONDAY - MAY1719991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Grease provide the farrowing information)Name of Person(s)Commenting: V�o� Phone Number(s]: X aa,0 ROSS STREET PUBLIC RIGHT-OF-WAY VACATION REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD RECEIVED r (Development Shap.ngA otter Community DATE: April 14,1999 APR9 1 1999 TO: Elaine Self,GTE C{TY OF Tila�t W FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts Associate Planner Phone:[50316394171 fax:[503)664-7297 BE: ➢ ROSS STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an ' approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. "I" � u �,��I "�' . ,,.� - �, �. �,t�. _. �;�. _, 1 11 Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [MONDAY - MAY171999). You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: r -A Je4 A--P/JJ1 r^ Please pravide the foffo-wing infonwtion)Name of Person[s]Commenting: Phone Namber[S): -- — ROSS STREET PUBIC RIGHT-OF-WAY VACATION REQUEST FOR COMMENTS GTE TELEPHONE OPERATIONS Cj g NORTHWEST REGION 8840 SW BURNHAM P.O.BOX 23416 TIGARD, OR 97281-3416 April 16, 1999 City of Tigard Planning Division /3125 SW. Holt Boulevard Tigard, OR 97223 Attn: Mark Roberts, Associate Planner Re: Ross Street Public Right-of-Way Vacation Resolution #9923 Dear Mork: August 28, 1997, the City of Tigard provided GTE with an approved permit to place conduit and 0 crossconnect cabinet on the south side of the existing Ross Street right-of-way. This equipment is now in place. Please provide GTE with a written utility easement in this location prior to approving any street vacation. Please refer to the attached documentation or contact me at 503-639-7387 with any questions. Sincerely, Elaine Self Senior Designer— GTE - Tigard -APPLICATION — STREET IMPR 'EMENT/EXCAVATION COPY TO: '�rSWHITE)-FILE ORDINANCE NO. 74-14 'j2',(YFLLOW)-INSP. Cil , C1 (PINK)-OTHER AGENCY (INSTRUCTIONS ON SEPARATE SHEET) ,f,r(BLUE)-APPLICANT APPROVED APPLICATION NO.: NOT APPROVED 0 CITY OF TIGAR F j"vCwQA' FEE AMT.: S 0 E PENDING FEE.PMT. CITY HAI RECa-IVED, RECEIPT NO.: PENDING SECURITY 0 PUBLIC WORKS D .--PARTMENT BY ---------------- DATE PENDING AGENCY ­OK" 0 Application and Pr grcAM,g 8 1997' - - - - - - - - - - - - - - - MAINTE NCE BOND PENDING INFORMATION 0 FOR STREET IMPROVE VIENT/E�W,�TION AS 94.UIRED 0 ANNUAL 0 PENDING VARIANCE 0 ENGINEERING EXPIRATION DATE: PERMIT NO.: P,V\V%LAI'Zl DATE ISSUED: _J1 BY: (1) APPLICATION IS HEREBY MADE TO EXCAVATE FOR AND INSTALL 4-4" PV d AS - S H 0\1WN ON ATTACHED DRAWING AS DESCRIBED HEREIN, IN FULL ACCORDANCE WITH CITY REQUIREMENTS. APPLICANT GTE NORTHWEST INC . P .O . BOC 23416 , TIGARD , OR 97281-3416 639-7959 NAME ADDRESS CITY PHONE CONTRACTOR NAME ADDRESS CITY PHONE PLANS BY DEBRA MORRISON SAME AS ABOVE NAME ADDRESS CITY PHONE ESTIMATED IMPROVEMENT TOTAL VALUATION ( COST): $ DOLLARS (2) EXCAVATION DATA: FOR OFFICE USE:0.04 X S STREET DESCRIPTION PROGRESS & INSPECTION STATUS NAME SURFACE CUT CUT CUT MATERIAL INSTALLED ITEM DATE REMARKS/TYPE BY TYPE LENGTH WIDTH DEPTH ITEM & QUANTITY SW ROSS HARD D_ RT 1701 21 30" 4-4" PVC STREET OPENED SW SATTLER HARD D' RT 4501 211 30" PLOW - 600PR CBLINSPEC- R TION ESTIMATED STREET OPENING DATE: 08 1 15 1 97 ES ESTIMATED STREET CLOSING DATE: 09 / 30 1 97 TE (3) SECURITY NO. ECURITYAMT.: STREET CLOSED SURETY CO.: FINAL CERTIFIEDCHC4K 0 CASH 0 BOND 0 INSPE (4) PLOT PLAN: INDICATE SITE PERTINENT PHYSICAL SPECIAL PROVISIONS J CONDITIONS: FEATURES; EXCAVATION LOCATION AND EXTENT. 5460 3POOiRG L'_x�yiv' w, CURB H a -r,%AKS y .5-f I '"r4; " (5) NOTE: THE CITY OF TIGARD DOES NOT, HEREBY, GRANT PERMISSION TO APPLICANTS TO CONDUCT WORK WHERE RIGHT-OF-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON. THE APPLICANT AGREES TO DEPOSIT THE REQUIRED SECURITIES, TO COMPLY WITH ALL PERTINENT LAWS AND CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE WORK, AND TO SAVE HORMLESS THE CITY AND EMPLOYEES AGAINST ANY INJUi?Y :>T%* OA14ACC WHI.0CH MAY RESULT FROM APPLICANTS ACTIONS. APPLICANTS SIGNATURE: DATE 5 -63G-5443 P. 8 iar 24 99 09. 18a C is Balmes EXHIBIT "C" _ 3 z 10- 90-01? tsJ " s z i1c.4t i° La as I. asA4 1240C- (2300 .P4Ac, -Z3Ac. « lie LOZaO W"o atSa a g i « 4o ricxa .4 to VUGUG suJR K[aCRix "T/194J!!/! e{ " = 1 <• (3d WW KIT P%-AT �: - (0.21290 4d wtoc) STREET «-M. .T 4f id ' 100! - a4r3rr ac4d sa axa 600/Oaxxs.d Kw.tz -20AG 500 <25AC 'W AC, 800 Loa AC. (Gs.16257) Ott - l 4 '� X61000 c 10 - iii,��� Z.96aC t0 g $ 7 a Lxc.ao 4 50( s� ! 23-74- Z� z -a; rn 401 IIttT u. wuiI T2G� 22e.ip' mod la16� K 4e•aSXrE X1 W a) e WAt Taco bL20 4LW sG33 'SO' ad so r so a0 ,; A." so so ao s as s3 (3200 13!(?O (300{? (2900 Y I2t300 83(70 8400 8500 t3o00 $7W 8800 89(x3 9100 9200 TRLo 930 'J �!3 =}14( 140 t39: 138:(n qT :'137 0 4 97 . 98 99 t05000 0 101 102- 103 f04 K?5 IOG K37 ao 142 3d t 46 v .06 yo 40,ae ss as �p �{-t U. SLIT xd Td sd Se sd sd ad sx e4 aR � b t 13400 w b Nix K E N TO N p t. 143 v 1if`�� ~ to . arJ �x t6 w ad ad case star eo ss . sx 6 ss s¢rx Te.Tr �p Je, lt44 x 13500 ssz't (4400 (4500 (46L1t) 14700 820(7 8100 - -•8004 7400 ?8ClC -??08 460(3 --76o, --t 122 _ j • t} . 4 7 t o IQ4 (n 154 8 155$ 15b oa 96 95 _ 94- 93 .. 92 ,. 91 11500 - «d - six` e .- ! r-" r-� - 7400 I36CXl a x " 1�r R 0 $$ t2 w 14th "� Iva ad xo a5A4 at" as' ss' ai' aa' . W to lass Se *081 iaxx t2G - «!s t5(pvp `143500 14. 5500 5700 5800 5900 6000 t_ 7300 11600 v to4o' tucT K 152 , 0 13700- ;s 4 r 4r x (5t 70 71 52 72 b' 145 v �•` (3900 v y� &OAT z_ CAG i47 g q 149 (4100 _«5500 f 'j 48 OUR ('SO S.W. ~ 404.x% tat acr Kid k,. "This plat is lac your aid in aaaa sx" To' r3 54• a4eK i locKati our(and with reference I iaruz anlln ernn 44.41 W 4300 5400 y A �y to streets and other parcels White this plat is betieved to be correct,the company assumes no liabitity for any foss'accurrtng by reason of(eeGance(fieceon No-�L+ oK(i400 It(((wSuruac t C,0UPAJNY 10001 5,C'4V VSQC g0Aj) C(ACiCAu�.c,i7Rfc:.lrt 1/70x6 C}-iris Salmes S.W. HALL BLVD • :.t t7 0 ca CD _ . haat• .a. M cm .3+•t,,,to r' ��;, .,. cf It n tt rte* r it 3�J Z '`t A c=x `�'-3, •.rte, :I cry 0 n 2 C) s Ga C �7 If REQUEST FOR COMMENTS CITY OF TIGARD RECEIVED PM* Punity l""ropment A Better Community DATE: April 14,1999 APR 16 1999 TO: Nadine Smith,Advanced Planning Supervisor CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts,Associate Planner Phone:[50316394111 Fax:[5031684-1291 BE: ➢ ROSS STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [MONDAY - MAY1119991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Please pwide the fo&nving information)Name of Person(s)Commenting: Phone Numberfsl: ROSS STREET PUBLIC RIGHT-OF-WAY VACATION REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping Better Community DATE: April 14,1999 TO: Brian Rager,Development Review Engineer FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts ASSociate Planner Phone:15031639-4171 In 15031684-7297 RE: A ROSS STREET PUBLIC RIGHT-OF-WAY VACATION Q ,4�I I/I . The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road hadpreviously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for h a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. F DATE REQUEST WAS FILED: MARCH 23, 1999. Attached are the Site Plan,Viclu t Map and AppliCaurs Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (MONDAY - MAY1719991. You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ( lease probe the fo&)u ing information)Name of Person[s)Commenting: Phone Number[s): x'SkR ROSS STREET PUBLIC RIGHT-OF-WAY VACATION REQUEST FOR COMMENTS O O EL 'c' o � Lw LI w Q II II II Q II ~ II oC � z II Z vOp tool a V II o = � � II ICS > II ccRc =c o o - �� � r ; -- - - I ; �cua - - -- �- J -- Hr�l -- — 3AV - --- 3TV H10 �_ — r— Ll ° � T - -T-F7 O� CH Lu TL - T - T T - d -M-45! 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ZJAC. « Q ' • 61'K k i'iJ - 1!a x02.70 90 aL54 a *04*4 A�.4•.r� A L IKGGRISaG " G TU !'U2LIG 331154 (1i}if"it]E aT f•LiT3 a: ,�' r.., s..,�...,��.....,..�. ....,.�� a STREET (C.R1290 4dW(oc) Lai o AT' N t s a Zx440' - !!3x(17 as-321sT a� LpT ss 13d tool saa•3i'r 22a4d 36 3LIi s�1°sxxi.4d 110.11 20AC 500 -%6 Ac ;P l.?SAG �. p•,TD' o. Soo t o 1.00 AC. `- fG5 W57) z 00, - } 0 D D C� ` S -t «. o '6iddd d� Z-96 AC 10 9 8 7 xzc.4d 4 50t s� /�.f� w 74 a .2r sr - U) 401 1 i/ra4s„�j OE {�¢ INITIAL aofNT xxc 40' tztad K ia'a1'1C>E 22 40` 43 T Is 9501 75.50 acid 5110 C(2800 8300 8400 8500 8000 $7Ci0 8800 8900 9000 9100 9200 7R�C 93( �j 13200 13100 13000 12900 0 N h n Q i3 :� 141 ¢U 140,+ 139 a 138 Z UV> 137 o 297 98 99 . 100 101 t02• 103 104 105 106 107 _ — 142 ad '• ++ ,9 4),se 35,45 44! 7.ai 2L3T so' so' sd 103 sa' so Sd sd ss' ` ao Q� a 13400 >tab J3R K E N TO N 143 2d to 9"11 h5L37 co as 55 55 as' 5617 Tarr 'RW q 2u w97a « c yi. - -6200 8100 6000 •7900 •?$00 770$ 7600 xsz'i t44U0 146W 14604�14700 I 4 89 121 z 13500 } o h 6 r " • o g 144 :X253 154E 1$5$ 1�6 g 9t; _ 9$ .. 94-- 93 92 .. 91 90 - fi400 1toe 1500 q {2= 141_1 $ 'p•}4` 5653 ad S 50' 55.111 aft' a5' a5' aa' o>' µ1y1 75' fd.oi az' aO•ir 11.55 114 ai+3 l510vQk. "�14300 14200 n00 56 5700 5800 5900 6000 C_ 7.30001 I 1500 z ♦2Ac7 152 a '- a �I3700 e 4 tb x' 151 _ TO 71 - 72 b' 14b Its s�ryy�a r*4 l b o 2� !3800 f!\MJ ZJj Ct ?1. .75.itl _ Yw y .. - z� `Ts 147 13900 b� 149 44100 w;Soo p CHICAGOUK9 �a� ` '148 .,. �'- � --t e — ��, . .�._ S.W. l 1" '�,«; s sa `�:o' l+ty _ 'This plat is Toa your aid in j 24.19 5z' 70 T3' s4' 114.171 * "0, locating your land Lvith reference - 'tQM 4r)nn1 41n(')% $(a 4300 4300 5404 1 to streets and other parcels While this plat is believed to be correct,the company assumes no liability for any toss occurring by reason of reliance thefeon.' No.'A � l 9 2 �,Z 04c,4(Y)TITLE SN%VAAtAX COMPANY 100015 C :iUNNTSCOE ROAD CLACKAIA0.S.0nW0N WWI$ REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA Better Community DATE: April 14,1999 TO: PER ATTACHED FROM: City of Tigard Planning DIVISlon STAFF CONTACT: Mark Roberts Associate Planner Phone:15031639- 171 Fn-[503)684-7297 BE: ➢ ROSS STREET PUBLIC RIGHT-OF-WAY VACATION Q The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road had previously been dedicated to the101 public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. ,m��r. i,1�'C/OOC/Oi/.'/ ;d:.L` "C ex 1_ ,%J/v/,d�c/�/� al U :/�,G. ✓„Z/�„ ":v L, i :i ///O�ViJ/,�. 16G!/.- K .il .. i w Gam. ✓ ,L6 ter.:[ ._. Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (MONDAY - MAY111999). You may use the space provided below or attach a separate letter to return your comments. If YOU are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (TYl,ue provide the following information)Name of Person(s)Commenting: Phone Number(s): ROSS STREET PUBLIC RIGHT-OF-WAY VACATION REQUEST FOR COMMENTS QUEST FOR COMMENTS NOTIFICATI LAND USE&COMMUNITY DEVELOPMENT APPLICATIONS CITArea:ICL(E)ISI CaII CITIZEN'INVOLVEMENT TEAMS '®Place'(®rrev(ew(nWillryGITBeek(sl FILE NOISI: NLS FILE NAMEISI: �G 4cvr1 CITY OFFICES' ----ADVANCED PLANNING/Nadine Smith,Planning s,pewisor_CPMMUNITY DVLPMNT.DEPT./onp—c sv-.T-tin.— POLICE DEPT./Jim Wolf,cn PrevemanOff— BUILDING DIV./David Scott,Building Official _/€ GINEERING DEPTJBrian Rager,Wpmnl Review Engineer ]MATER DEPT./Michael Miller,utaana i-Mager _CITY ADMINISTRATION/Cathy Wheatley,cilYRec der PERATIONS DEPT./John Roy,Pmpertymanager _OTHER SPECIAL DISTRICTS _TUAL.HILLS PARK&REC.DIST.*_1_.TUALATIN VALLEY FIRE&RESCUE* _TUALATIN VALLEY WATER DISTRICT*.ZUNIFIED SWRGE.AGENCY Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Street Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCALAND STATEJURISDICTIONS _CITY OF BEAVERTON _CITY OF TUALATIN�It _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE _Mike Matteucci,Neighbmd.word. PO Box 369 PO Box 59 Salem,OR 97310-1337 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 _OR.PUB.UTILITIES COMM. _METRO-LAND USE&PLANNING _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street,NE _CITY OF DURHAM 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP_ 333 SW First Avenue Mel Huie,Greenspaces Coordinator(CPA's/ZOA's) 635 Capitol Street NE,Suite 200 PO Box 2946 _CITY OF KING CITY* Salem,OR 97301-2540 Portland,OR 97208-2946 City Manager _METRO AREA BOUNDARY COMMISSION 15300 SW 116th Avenue 800 NE Oregon Street _OREGON DEPT.OF TRANS.(ODOT) _WASHINGTON COUNTY King City,OR 97224 Building#16,Suite 540 Aeronautics Division Dept.of Land Use&Trans. Portland,OR 97232-2109 Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO 3040 25th Street,SE Suite 350,MS 13 Planning Director _OR.DEPT.OF ENERGY Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Bonneville Power Administration _Brent Curtis(CPA's) Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera _ODOT,REGION 1 _Scott King(CPAs) PO Box 3621 Sonya Kazen,Dvlpnd.Rev.coon. _Mike Borreson(Engineer) _CITY OF PORTLAND Portland,OR 97208-3621 123 NW Flanders _Jim Tice(1GA's) David Knowles,Planning Bureau Dir. Portland,OR 97209-4037 _Tom Harry(Current Pl.Apps.) Portland Building 106,Rm. 1002 —OREGON,DEPT.OF ENVIRON.QUALITY _Phil Healy(cuRentPl.Apps.) 1120 SW Fifth Avenue 811 SW Sixth Avenue _ODOT,REGION 1 -DISTRICT 2A _Sr.Cartographer(oP�CA)MS14 Portland,OR 97204 Portland,OR 97204 Jane Estes,Permit Specialist 5440 SW Westgate Drive,Suite 350 /ODOT,REGION 1 -DISTRICT 2A Portland,OR 97221-2414 Right-of-Way Section(vacations) Rick Reeves 123 NW Flanders Portland,OR 97209-4037 UTILITY PROVIDERS AND SPECIAL AGENCIES 4A. _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 / _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS /TCI CABLEVISION OF OREGON -Oe/TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Pat McGann Michael Kiser,Project Planner 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court 710 NE Holladay Street Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 Portland,OR 97232 ¢eaverton,OR 970064886 LPORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY /GENERAL TELEPHONE _US WEST COMMUNICATIONS Brian Moore,Svc.Design Consultant Scott Palmer Elaine Self,Engineering Patty Stambaugh,Engineering 9480 SW Boeckman Road 220 NW Second Avenue MC: OR030546 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Tigard,OR 97281-3416 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 Marsha Butler,Administrative Offices Joy-Gay Pahl,Demographs&Planning Dept. 13137 SW Pacific Highway 16550 SW Merlo Road Tigard,OR 97223 Beaverton,OR 97006 SMOICATCS AVTOMAE/C/t1OTIPSCAt1O111 it Wififf I"0'OF 7*19 SU8.1eCf POORART111'FOR AMrr/ALL Ciff P'411190eCTS. /IAO1Ccr ILANNLA IF 89SPONSWLS FOA AMDOC'Af111P.IAantS re'A911f i h:\pattytrnasterstrfcnotice.mst 15-Mar-99 O II II wCL W =I ou ' WQ J y L6 � Q II ca ° N II p a wd3aE Z Q Q 11 o u � a II � � v if t4vre I I S a_ cc � and — -- � I 0 CL � CD i V P16L V H1 tz J L__ L Li 1 r 3 CCNIL �... 1 ��L-� s I I r , �_ — — - -� —,— - ' tSL8 ���- -. J I > 3 vv- 0 . _ — � ��r w� PL 31C9.�C78 $� _I �- -.- _ � Li ol _ O Q _ 1 H1l 9 r- . Z, -f - rU,BL � REi� 3AV z H.L 8 a ; m .w I I AV H-M LL -FT E CL 8' � o . —IY _� C ,� -r-� �i� �_� �_ t 1 �C j O 89TH AVE �OHOS _— �L -C a ¢ )�t1� �_ H;6 MS I i �2 _ 2 1 J 2S 111 AD-09500 25-111 AD-09600.0 SCHECKLA F J SCHEC%HBLVD 15085 SW HALL BLVD 1508 -S TIGARD,OR 97223 T ARD 2S 111 AD-09700 2S 111 AD-09800 ABUKHATER MARWAN&JANET LEE NEJAD KAZEM KN&SALARI MARZEI 8705 SW REILING ST 14473 SW 134TH TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AD-09900 2S 111 AD-10000 CASTELLANOS THERESA WILLIAMSON LARRY C AND 8700 SW REILING ST 8710 SW REILING TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-10100 2S111AD-10200 TRUAX HERB M WOODY SAMUEL T&REBECCA R 8720 SW REILING 8730 SW REILING ST TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-10500 2S111AD-10600 BEHRENS SANDRA ROSS MORRILL S JANE 15050 SW 88TH 10055 HEDGES CT TIGARD,OR 97224 TUALATIN,OR 97062 2S1 1 1AD-10700 2S1 1 1AD-10800 WESTFALL DAVID K AND HOGUE BRIAN C 15110 SW 88TH 15140 SW 88TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 DA-00800 2S1 11 DA-00900 MATRIX DEVELOPMENT CORP RAYNOR BRENT A 6900 SW HAINES ST STE 200 8601 SW BRAEBURN LN TIGARD,OR 97224 TIGARD,OR 97223 �S 111 DA-0300 2 1 DA-03100 MAY IX ELOPMENT CORP MATRI OPMENT CORP 690P ES ST STE 200 6900 HAI ST STE 200 TIGARD,OR 97 : ARD,OR 97224 2,111 DA-032p 2S112CB-00700 ��24 PMENT CORP MANGOLD STEVEN R&DEBRA E ST STE 200 8275 SW ROSS ST TIGARD,OR 97224 2S112CB-00800 2S112CB-00900 MCDONALD LYNN B MONICA SCHMIDT JANE V& 8340 SW ROSS ST 8325 SW ROSS ST TIGARD,OR 97223 TIGARD,OR 97224 2S112CB-01000 S112CB-0100 MCDONALD LYNN B&MONICA R M�NA'�-D�_YNN B&MONICA R 8340 SW ROSS ST 8340,SW�ROSS'ST- TIGARD,OR 97223 TIfARD,OR 97223 l CITY OF TIGARD Community Development ShapingA Better Community a �� USE PREP S FILE TITLE: ROSS STREET PUBLIC RIGHT-OF-WAY VACATION APPLICANT: Lynn & Monica McDonald 8340 SW Ross Street Tigard, OR 97223 (503) 838-0757 REQUEST: The petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard. The approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision and new public right-of-way has been dedicated for a new alignment of SW Ross Street. Following construction of the new alignment, the original right-of-way will no longer be necessary. LOCATION: Southwest Ross Street, east of SW Hall Boulevard. DATE REQUEST WAS FILED: MARCH 23, 1999. CIT: South CIT FACILITATOR: List Available Upon Request ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- DECISION MAKING BODY DATE COMMENTS SENT/DUE: FRIDAY,4/16/99-MONDAY,5/11/99 ❑ STAFF DECISION DATE OF DECISION: ❑ HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 ❑ PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 n CITY COUNCIL DATE OF HEARING: TUESDAY, JUNE 8, 1999 TIME: 7:30 ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION px VICINITY MAP Q NARRATIVE Zx SITE PLAN REQUEST BY APPLICANT TO INITIATE VACATION STAFF CONTACT: Mark Roberts, Associate Planner (503) 639-4171 x315. ROSS STREET PUBLIC RIGHT-OF-WAY VACATION LAND USE PROPOSAL CITY OF TIGARD STREET AND EASEMENT VACATION SCHEDULE PROJECT NAME: S, Vj4<= gJ SCHEDULE OF SPECIFIC ACTIVITIES OUTLINED BELOW: COUNCIL INITIATION M(ESS: If-/rqCn (DATE) 4*0, Council Packet item to Initiate the Vacation Process is due to the Planning Manager 14 DAYS PRIOR TO INITIATION Council Packet"VACATION INITIATION" Item due to City Administration (13 DAYS PRIOR TO THE PWIz:IC—HE*RING) K Council INITIATWSAthe-Uat ionI—ques G.-1N THE PUBLIC HEARING PROCESS: (DATE) Request for Comments Re: Notice of Intent to Vacate to Staff, Utility Providers, the County and Other Interested Parties (A COUPLE OF DAYS FOLLOWING COUNCIL'S INITIATION/PROVIDE 30 DAYS TO RESPOND TO REQUEST) Submit Newspaper Ad to the Newspaper(FRIDAY PRIOR TO THE I" PUBLICATION DATE) I` Newspaper Publication (2 CONSECUTIVE WEEKS PRIOR TO THE PUBLIC HEARING/ ESS THAN 14 DAYS PRIOR TO THE PUBLIC HEARING) Planner Posts Notice on the Subject Site in 2 Conspicuous Places at or near Each End of the Proposed Vacation Area (WITHIN s DAYS AFTER THE FIRST DAY OF PUBLICATION/NO LESS THAN 14 DAYS PRIOR TO THE PUBLIC HEARING) CONTENTS OF POSTED NOTICE (O.R.S.27 1.110) 1. Heading entitled "NOTICE OF (What is being Vacate ) VACATION" 2. Description of area covered by the petition 3. Date petition was filed 4. Name of at least I petitioner S. Date when the petition and any objections or remonstrances will be heard and considered (Any objection or remonstrance must be submitted in writing and filed with the City prior to the public hearing) 2"' Newspaper Publication (MINIMUM OF I WEEK PRIOR TO THE PUBLIC HEARING) Request for Comments Due Back from Agencies Previously Notified Packet Material/Report Due to the Planning Manager For Review(14 DAYS PRIOR TO THE PUBLIC HEARING) Packet Material/Report Due to City Administration (13 DAYS PRIOR TO THE PUBLIC HEARING) City Council Public Hearing Date on the Vacation Request Post Ordinance of the Vacation Proceedings by the City Recorder (ORDINANCE NO.: Ordinance Sent to be Recorded/Filed with Wa. County Assessor's and Surveyor's Offices in Order to Obtain a Title to the Area Vacated Z4 99 09: 16a Cht4s Holmes EXHIBIT "A" 3/23/99 City ef Tigard Tigard,Orepn ATTENTION. City Council of Tigarc SUBJECT: 8340 SW Ross Street,Tigard,Oregon Gentlemen: Please initiate at your earliest convenience the vacation process for the property located an Ross Street in Tigard. As you know,this vacation process is dine to the realipment Cif Ross Street There is a new right of way in the process due to this realignment We have included for your review a plat map showing the proputy involved in this realignment,as well as a letter addressing the vacation process from Hanna,WBIdommey& Associates,a firm hired by the City of Tigard It is imperative to us that you process this application as soon as is possible since we have a pending We on our property located at 9340 SW Ross Street,Tigard,Oregon. Thank you. ---------- Lynn and Monica McDonald (503)838-0757 RETRUN RECORDED DOCU `�NT TO: 'TATE OF OREGON CITY HALL RECORDS DEP. .-MENT, SS /� CITY OF TIGARD ;ounty of Washington V 13125 SW Hall Blvd. I, Jerry napyiyi for of Assess- Tigard,OR 9'7223 ment and a io Count Y Clerk fuI rtify that INDIVIDUAL the with i 'tro,C,,b s r�t�w'a eceived and reqprded,q � Ks�dc .of said county. TAX STATEMENT ADDRESS: Same as above. File No. SUB96-0006 RE�rE111 D PLANNING �f, ;e' J �! i Mantson,�Orector of ,AA s t4f df xation, Ex APR 1 ,91999 (ffit+igurfty` lerk Doc 99004670 CAR OFT Rect: 224015 26.00 01/14/1999 10:37:37am DEDICATION DEED FOR ROAD OR STREET PURPOSES Lynn&Monica McDonald does hereby dedicate to the public a perpetual right-of-way for street,road,and utility purposes on,over,across,under,along,and within the following described real propety in Washington County,Oregon: Attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WITNESS WHEREOF,I hereunto set my hand on this .21 day of , 19 ` $ L_y n McDonald Monica McDonald 8340 SW Ross Street Tax Statement Mailing Address Mailing Address Tizard.OR 97224 STATE OF OREGON ) )ss. County of Washington ) r This Inst=ent was acknowledged before me on date)by: �L.4.ww1 tt /h pmt c'ev ,/�G �d�t/e►/ (name of person(s)). ACCII^/111 ACS. PACIFIC 8405 S.W.Nimbus Avenue Beaverton,OR 97008-7120 LEGAL DECRIPTION FOR STREET RIGHT-OF-WAY DEDICATION A tract of land being a portion of that tract conveyed to Lynn B. McDonald and Monica R. McDonald by deed recorded April 29, 1975 in Book 1020, Page 703, Washington County Deed Records, located in the southwest quarter of Section 12, Township 2 South, Range I West of the Willamette Meridian, and located in the City of Tigard, Washington County, Oregon, said tract described specifically as follows: Beginning at intersection of the south right-of-way line of County Road 1290, also known as Southwest Ross Street, 20.00 feet from the centerline thereof, measured perpendicular thereto, with the east right-of-way line of County Road 23, also known as Southwest Hall Boulevard, 30,00 feet from the center line thereof, measured perpendicular thereto, said center line of County Road 23 being along the west line of said Section 12, said point of beginning bearing North 00'37'55" East, along the west line of said Section 12, a distance of 2286.58 feet and North 89'20'08" East, along said south right-of-way line of County Road 1290, a distance df 30.01 feet from the southwest corner of said Section 12; Thence, from said point of beginning, North 89020'08" East, along said south right-of- Z:) 171 way line of County Road 1290, a distance of 15.00 feet to a point which is 45.00 from the center line of County Road 23, measured perpendicular thereto; Thence, South 00'37'55" West, parallel with said east right-of-way line of County Road 23, a distance of 30.19 feet to a point of curvature, Thence, along the arc of a 30.00 foot radius curve, concave northeasterly, the central angle of which is 90'44'14", the long chord of which bears South 44'44'12" East, a distance of 42.70 feet, an arc distance of 47.51 feet to the north right-of-way line of that tract dedicated to the City of Tigard by deed recorded July 1, 1996 in Document Number 96-59050, said deed records; Thence, South 01°22'08" West, non-radial and tion-tangent to the last described course, a distance of 60.02 feet to a point of non-radial and non-tangent curvature on the south right-of-way line of said tract dedicated to the City of Tigard, Thence, along the arc of a 30,00 foot radius curve, concave southeasterly, the central angle of which is 89'15'46", the long chord of which is South 45'15'48" West, a distance of 42.15 feet, an arc distance of 46.74 feet to a point of tangency which is 45.00 feet from the center line of County Road 23, measured perpendicular thereto-, Sheet I (503) 626-0455 Fax (503) 526-0775 Planning - Engineering - Surveying - Landscape Architecture Thence, South 00°37'55" West, parallel with said east right-of-way line of County Road 23, a distance of 6.00 feet; Thence, North 89°22'05" West, perpendicular to said east right-of-way line of County Road 23, a distance of 15.00 feet to said east right-of-way line. Thence, North 00°37'55" East, along said east right-of-way line of County Road 23, a distance of 155.68 feet to the point of beginning. The above described tract, excluding that portion previously dedicated to the City of Tigard in said Document Number 98-59050, contains 1,784 square feet, which is 0.041 acres. REGs`rERED PROFESSIONAL LAND SURVC-:YOR OREGON JANUARY 20, 1999 DARY P. C!iRiSTEHSON 2377 1z1a199 Sheet 2 3 M;, - 24 99 09: 16a Ch-is Balmes 501-636-5443 P. 1 Attention: Marc Roberts Date: 3/24/99 Company: City of Tigard Number of Pages: Fax Number: 684-7297 Voice Number: From: Chris Balmes Company: Coldwell Banker Barbara Sue Seal Fax Number: 503-636-5443 Voice Number: 503-636-5399 Subject: McDonald Property Comments: Please let me know asap if there is anything else you need to process this for the next possible meeting...319-7026 or 636-5399. Thanks to you. Chris 24 99 ©9: lGa Chris Balmes 3123199 City of Tigard Tigarck,Orewn ATTENTION: City Council of Tigarc SUBJECT: 8340 SW Ross Street,Tigard,Oregon Gentlemen: Please initiate at your earliest convenience the vacation process for the property lccated on Ross Street in Tigard, As you know,this vacation process is dura;to the realitgranent of Ross Street There is a new right of way in the process due to this realignment We have included for your review a plat map showing the gropeity involved in this realignment,as well as a letter addressing the vacation procm from Hanna,McEldawney& Associates,a firm hired by the City of Tigard It is imperative to us that you promss this application as soon as is passible since we have a ,pending sale on our property located at 8340 SW Ross Street,Tigard,Oregon. Thank you. C47 Lynn and Monica McDonald �l (503)839-0757 S.W. HALL BLVV � * .. to CJ ,S► . � t iQ.Cf#� .s► rn Q u 4etT� vs. ¢t* Co m •"' �c D e vim-= it r rLOA V t? SS St � cSJ, S„3 4 hi t d rl u e- far "z r zt p ca It n "a R" A- 1.4 — AL sVa L7 s yQy S 0 PACS 3 of 3 i c Chris ga 99 09: ak N 226. 1001 1aBoo 45 4 3d 00 AC. sAT-r ERr � ��. S{p, 9 gyR N Q! st'1 91 1"3_75 ,n cps1404 9 2.96 AC. 10 z2s 4 � 0 226 INITIAL POINT 72-6,40' �~ ,4 5 52 80 �;avw -{ 76.5a 5420 5 sa.01 13000 1290 13100 0 0 J { 0° A N to `� m1 138 �+ yq , ..1 0133 .,� 141 �'�0 140 a 13g tDQ IV 50 a 142 a �a 2 3b � 40.58 35.63 ,TV 10.53q SEE MAP � 13400 143 '� Sa� 5d 2S t 11 D A �' �'� 48-42 � l45C?0 14600 1` _ 109.75 ::...! 14400 ee 1.; 13500 z s2 m rr•�" �' 153 !' 154 0 1556 z o 144 ° e 0 r' f3 lid `QS a�j 1 � JI .7 a 13600 2 RA v 36.93 U v 145 m '•1 tr 14300 142 W 98 t3 1 ocrr T11tp „ X0152 1 Ao 2 13700 Zs , at •• o 146 s, 13800 { 9 rn m 13900 "0 149 U1 147I or--.148 9s ! 154 fe r 0� N 15 7S31 � S4 152 0 42 32 43 4.r 3900 4000 9[GOW,F 1 '4200 44 m -547 >♦ R 38.72 52 14 6+7.3Q A:/rs. ! � • 3700 3600 }, �4 99 p9: 17a Chris Balmes - NW I!4 gVllW,SECTION CO 12 T2 W.hl 2S 1 12GB � ._.J.------ wa+wacmK Gauwrr CROON �K II 7'S ,`` r�y Exc fur C 1'1 J 2E a aK tat.' 4 Ul 6EY WP tx M,0AC s 1 Al STREET wo �c eao taaG s,fc to 30 E lu gra 400 aisn G D D D C ,• --. _ 7 t4z a:. Zsrzv i 12Lt E MI } " .,e.r m.a yr +1}✓p et44.�bW0 ETda aaC4!�° 4pm 4h9 l21T4 nc- m iW s. J »m m2o4 [}w4 (7440 wmt ¢r 4T wx sa ua o vi Mx, ns Ins a a _! NI q0 C4 � 9400, to. " DPW KENTON 4Ey I1Ai' ,� W40 7944 ii AE�7.� 0 21ttWA 1xE -,ra '° "'� E204 EWO b0.7 l4tA :°°° YT00 TPOP ® s 12@y W 11044 aacoo � 9 a2 HE�w 11200 `!� 10460 JaEO� � Ls} yq LSS E+1 94 95 1M 99 1� Ot9� tie a r! 4�" Napp N206 $}eW 57W 5Ai0 9JW eN14 T?DDMT A� _ Z )09 fIQ04 O y�ac. '11W y r !! 96 Y� AA 1�tf}!44 i6 ff��M -tt a9-0 n I1CW RJ4IXi W 'f4D91 'llad 4IEx iZi , �K 04a6 pP00 161% x- ts9x;9aKE cwn ftS _ 'Ny tb R6T PEU 01t i0R ` 4IW 9e 9 lb }100 0 e Tlli+ µ IE9Lf� 122 =MW OTHER 4EE- '�� x040 "� ta00 eS •I2d10 oToO d 3� 4 �?r]ci }200 a.yj 6640 1+y� 1 f21 man I2,a0 RK00 G�'t / E I V eYN Wb 1»"y - tr .t40.eOR '�NOea p iyY' :Sw ez aT44 i —, 24_ 1 ,y VIM 79a0 0 a1�+ � 21 1144 p awo 39aSt fP .� ASHFORD a •"K • E964 YI EW6 SW>2940 ERW 2Td>ix6tl 25[%,x/a���a Zp'Y � 4n ' — 3 4y E' K 4s at .3 .z a yl s9 1 1" T I GAR D ` 4�'t1 t, 2S F 1268 t" A r s<E a..ar s 1 1ioc 1 1 ,MAP A Y 24 99 09: 17a Chris Balmes 503-636-5443 March 3, 1998 City of Tigard G T E Hanna, :McEldowney & Associates s The city of Tigard sent 14s a letter 2-23-96 regarding the realignment of Ross St a Hall Blvd to match up with Sattler St. -Marvin AcEldownev of Hanna, McEldowney & Associates met with us and we agreed to sell 17,510 S-7. mac. a �_. for this realignment project. .14-. McEldownev showed us the diagram of the realigned street which shows that t.ie vacated Ross St. would revert back to the property owners on each side of the street. He explained that the division of the vacated Ross St. was based on the original donors and deeds for the dedicated street. According to hi-a, we are to receive 7006 sq. ft. of the vacated street and the property owners to the north of the street would receive 2070 Su. ft. This was the premise on whicii we agreed to sell. On 12-12-97, GTE began a project to install an underground and above ground junction box for fiberoptic cables on the current right of way south of the existing Ross St. Mv husband went out to talk to the project manager telling him that the area of construction was current rig*.,It of: way but when the rc- alignment project was completed, this same area would then be ours. The project engineer referred us to a GTE engineer (Elaine) -,;,io was called. She told us that the city of Tigard had issued the necessary permit to use this area for the project. she suggested we call Brian Raegarz, city of Tigard engineer. I left s2veral messages for hLm on his "voice -nail" but did riot get a response. I then called NIr. McEldowney who confirmed my understanding that this was within the area that should revert back to us after the old street was vacated. He referred me to Gary Alfson who was with the city when the land purchase was made. Since Gary no longer works for the city, he cou-1.4n't answer my concerns and he didn't have the records available to check. GaZ-v suggested I call Gus Duennes, engineer for t:ie city, which I did. He was unable to address my concerns and was not able to stop the GTE, project. The location of this equipment will certainly alter the potential use and value of this area. Mr. McEldowney stated that the 15,760 -sq. ft. of property north of the new Ross St. would be adequate area for three residential building lots. The purchase price of the land included $14,000 for damages to the land. mar 24 99 09: 18a Ch-is Balmer 50q-636-5443 p. 7 At the time we agreed to the price, we had no idea that this area would have this GTE equipment installed there. It is very unlikely that three building lots would now be feasible. if that is the case, the $14,000 designated for damages is grossly undervalued. This whole process has been extremely frustrating to us. We feel that nobody has adequately answered our concerns nor has satisfactorily addressed the future problems which will arise after the Ross St. alignment is complete. This letter is being sent to the city of Tigard, GTE and Hanna, McEldownev & Associates so that all parties are aware of these circumstances. After the Ross St. realignment project is completed, the final ramificat_ons will 5e evident. At that time, we expect to be comoensated for this loss of property and/or property value. Lynn B McDonald & Monica R McDonald 8340 SW Ross St Tigard, Or 97224 639-4890 Enclosure (diagram of realigned street) 24 99 09: 18a Ch-is Balmes 50q-636-5443 P. 8 73 , LLJ ? G< 1242BOC 12300 .24Ar. Z3Ar, IR to .1ro To Pullur 337/043d WIDE _ALPLAT 0 STREET 7 0 MR.1290 4dWIC)CI) *.W. ? "3207 K.32157 01� Lor 45! go.a Nd • Zz4L40, 301 mw r .20AC 500 "00 -F .-W AC: tZ5AC ...- --, ( 0 5 . T FW'rcl 10, Boo - 1.00 AC 16257) C JR R G D 0 D ,�20AC V"ro 0 100 6_ 1000 ?-96 AC to 9 87 r—i 4 501 P U) -401' 1 23-74 .04k INITIAL POINT 72a40' 23a4d ZnAd P a4-43,3TC ZU 46 IS 9Q.01 1S.So 5L10 0.00 5631 swo• 5Q SW Sw --Sw35 as 13200 13100 13000 1 lzwo 85M 78400 8500 8600 8700 8900 W41 9100 9200 30 93C zsw�-i i 13800 9000 w —j 133 14 t KO 4 139 1 138*Z: 137 997 se 9�9 100 101 102- 103 104 105 2 06 107 142 I '0 13400 KENTON Ls 143 ell -77 49.42 d sw W. 5 55' ---375— &W 8200 am --8000 1900- -7855 00- 00 --760a To 14500I146(jb'Woo tt 13500 Z-92 lZI 89 144 15 - 154 155 95 94-- 92 91 90 0 f-% 96 0 NQ 1-1 93 1500 '400 88 145 04 I603 Sw Ilor 5-5.00 90' 51. 55* fjV VV 0., cc -01.93 - e - ? -"- :mv 14 14200 56,0- 5;"" 6 0 7300 z 00 5700 5800 00 0 0 151MC 1-532 20 0 0 13700 Isl ?o -ri 2 72 146 L3Bo0IV 715.1@ w 13900 W (4T 149 14100 55 A 148 CHICAGO I 011�03 46 I 104.70 Iod 5ef.cs "This plat is loG your aid in 4. Z locating your land with reference Q3, n 40 18 nn 4rW) n KII '132: 42�O 5400 to streets and other parcels While this plat is believed to be correct,the compady assumes no liability for anv lass occurring by reason of reliance thereon.- No.-g � I j I C,-R CHC-"TITLE INSUfAA!X:k COMPANY 40001 5 C ISUNNYSIDE ROAD CLACXA%AA,q,cnE0tVq