12929 ~ Varnes Road ~ Interstate 5 ~ Beaverton-Tigard Highway No. 217 �� ]8�
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CITY OF TIGARO, OREGON �Y�� ~+ '�v� `
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ORDINANCE No, 74 - 58
AN ORDINANCE VACATING DEDICATED UNOPENED 50 FOOT WIDE PUBLIC
RIGHT-OF-WAY KNOWN AS S.Q. VARNS STREET IN THE CITY OF
TIGARD, WASHINGTON COUNTY OREGON.
THE CITY OF TIGARD ORDAINS AS FOLLOWS :
'
Section l : The Council finds that Resolution No. 74-62
was adopted by the Council on November 11 , 1974,
relating to the vacation of the hereinafter described dedicated
unopened public right-of-way and that a public hearing uao
thereby called to be held on December 23 , 1974, and that
notice of said hearing was given, as required by Chapter
271. 110 O .R . S. , as set forth in said resolution.
Section 2 : The Council further finds that a public hearing
as thereby called to be held, was duly and
regularly held at the regular Council meeting on December
23, 1974 , at which time and place the Council afforded all
interested persons an opportunity to be heard for or against
the proposed vacation of said lands, and the Council further
considered all objections thereto.
Section 3 : The Council further finds that a majority of the
owners of the area affected by said proposed
vacation , 'computed on the basis provided in Chapter 271. 080
O ~ R . S~ ` did not object thereto in writing and that owners
affected thereby did , in fact , favor the vacation of said
'
area; and the Council finds that said vacation will not
substantially affect the market value of any abutting
property.
Section
4 The Council further finds that the public interest
will not be prejudiced by the vacation of the
hereinafter described lands and that the said lands are not
useful as part of the public street or road system of the
City of Tigard and that it is in the public interest that
said vacation be approved.
Section G : The Council further finds that the City recording
officer has filed in her office a certificate
showing that all city liens and taxes , if any , have been
paid on the lands proposed to be vacated.
Section 6 : The following described portion of dedicated
unopened/ street be and the same is hereby vacated
and discontinued as a public way ; reserving to Portland General
Electric Co. the right of continued use of the
roadway to maintain its present power lines until same
are removed at its descretion and are not to be affected by
this ordinance«
As described in Exhibit xAn , attached hereto and by
reference made a part hereof.
-
Section 7 : That the City Recorder be, and she is hereby '
authorized and directed to have a certified
copy of this ordinance filed for record with the following
Washington County departments :
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1. Department of Records and Elections
2. Department of Revenue & Taxation - Attn : Assessor
3. Department of Public Works - Attn : County Surveyor
all as required by Chapter 271. 150 O. R . S.
Section 8 : This ordinance shall be effective on and after
the 31st day after its enactment by the City
Council , and approval by the Mayor.
PASSED : by unanimous vote of all Council members
present , after being read three times by number
and title only , this 23 , day of December 1974.
t
City Recorder
APPROVED : By the Mayor , this 23 day of December , 1974.
Mayor
I, DORIS HARTIG, hereby certify that I am the duly appointed,
qualified, and acting Recorder for the City of Tigard, Oregon.
I further certify that I have compared the herewith copy
with the original in my possession as custodian of the official re-
cords of the City of Tigard, and that 'the herewith copy is a true
and complete copy thereof.
IN WITNESS WHEREOF I have hereunto set my hand and seal of
the City of Tigard this 6th day of January 1975.
i
i
s
ORDINANCE No. 74-58
Page 2
BOOK ,�O 7 PAGE D
i
#
i
12929
EXHIBIT "A"
Vacation of S.W. Varns Street
f
A street belonging to the City of Tigard, situated in Varns
Acres Subdivisi )n, in Section 1 , Township 2 South, Range 1
West, Willamette Meridian, in the County of Washington,
State of Oregon. Said street being 50 feet in width and
lying 25 feet (when measured at right angles) left and
right of the following described centerline.
Beginning at the intersection of the centerline of S .W.
Varns Street with the west right-of-way line of
Interstate 5; thence South 89026 ' 45" West , a distance of
more or less 980. 0 feet to the intersection of said
S.W. Varns Street centerline with the northeasterly right-
of-way line of the Beaverton-Tigard Highway No. 217. The
sidelines of said S.W. Varns Street will be lengthened or
shortened to intersect with the corresponding right-of-way
lines of said Interstate 5 and Tigard-Beaverton Highway 217.
I
1
l
C
STATE OF OREGON
County of Washington
i, Roger Thomssen, Director of Records
and Elections and Ex-OfficioRoechordehryo Con-
certify
veyonces for said county, do
that the within instrument of writing was
received and recorded in gook of records
—-----------------
of said CourAY
Witness my seat affixed-
ROGER�THOMSSEN Director of
Records & Elections
YN
Deputy
IU 115
35 Rn
BOOK 1007 PACE127 .
11w,
January 27 , 1975
Mlike Oberhofer
Tamer s Insurance
6700 Varnes Road
Tigard, Oregon, 97223
Re: Street Vacation-S.W. Varnes
Dear Mr. Oberhofer :
The Tigard City Council at their regular meeting December
23, 1975 approved your request for vacation of a portion
of S.W. Varnes Street.
The following is an accounting of costs incurred by the
City and covered by your deposit:
Deposit: $100. 00
Expenses
Recording Fee $6.00
Surveyors Fee $3.00
Public Notice
Tigard Times $39.62
Refund $51. 38
I am enclosing your refund check as well as a certified
copy of the ordinance and if I may be of further assistance
to you on this matter, please feel free to contact me.
Sincerely,
Doris Hartig
City Recorder
dh
enc.
.lanu4iiry 8, 1975
Roger 'rhomssen
Department of Records 6, Elections
Waskziugton '-ouuty Courthouse
Hillsboro, Oregon 97123
Re: Street 'Vacation
Dear ter. 'Thotassent
Enclosed is certified copy of ordinance; No. 74.58 vacating a portion of a
dedicated unopened 50 foot wide public ri ,ht-uf•way lnvolvin& i«anuers Insurance
Group.
I an, enclosing our check for recording in the:. Washington Deed l cordin&, in eccor4once
with provisi ons of 271.23U, the ordinance, as well as the 43.00 .for
warkin& the plat by the County ;purveyor.
If 1 way be of further assistance to you on this matter, please feel areae to
contact tae.
Si uce8xexly,a
Doris Hartilg
City Etacor4or
IM x lw
CCs County �mrvoyor Dept. of Public Works
Dept. of Rove=* S Tax^tiou - Attut County Assessor
sac,
there are similar uses presently in the neighborhood and
that under the zoning code it is now zoned C-3; motion
seconded by Councilman Paterson.
(e) `:City"Planmer requested Council consider some conditions be
placed on this use and recommended the following:
Towing not be allowed from this location,.
There be no outside storage of vehicles on this property
in a state of disrepair.
Concern be shown for the residential building adjacent to
this building.
The lot be divided into two separate lots to include the
proposed use and the residential use.
The building be situated in such a way as to enable future
use of the frontage road as proposed on the NPD Plan.
The Design Review Board be empowered to alter the plan according
to (1) to protect the residential ase to the south, (2) to
make it possible for future use of the frontage road and
(3) to deal with any problems of screening, etc. with-'.the
residential use on the adjacent northern side.
The recommendations with respect to conditions to be imposed
were discussed by Council and staff.
(f) Councilman Cook moved to amend the motion with the consent
of the second to add the following conditions:
That wrecked vehicles not be stored on the site andf .that
any other outside storage of vehicles should be screened.
Motion as amended tips approved by 3 - 1 majority vote of
Council. Roll call of vote as follows: Councilman Cook
AYE; Councilman Mickelson, NAY; Councilman Paterson AYE;
Mayor Bergmann AYE.
il. S.W. DARNS STREET VACATION
(a) 8:00 P.M. Public Hearing
No Testimony - Public Hearing Closed
ORDINANCE No. 74-58 AN ORDINANCE VACATING DEDICATED UNOPENED
50 FOOT WIDE PUBLIC RIGHT-OF-WAY KNOWN
AS S.W. YARNS STREET IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON.
(b) Director of Public Services and Facilities redommended
Council approve the ordinance with the stipulation th.e city
reserve the public right-of-way for existing utilities.
Attorney Anderson suggested Section 6 of ordinance be amended
as follows. . . .reserving to P.G.E. the right of continued
use of the roadway to maintain its present power lines until
same are removed at its descretion and are not to be
affected by this ordinance.
(c) Motion by Councilman Cook to adopt as amended; seconded
by Councilman Paterson.
Approved by unanimous " vote of Council present.
12. PATHFINDER SUBDIVISION
(a) Director of Public Services and Facilities requested Council
authorize, extension of time for completion of subdivision
to July 1, 1975 and at that time review progress.
3 - COUNCIL MINUTES - DECEMBER 23, 1974
AFFIDAVIT OF POSTING
In the Matter of Proposed Street Vacation of Dedicated Portion of
an Undeveloped 50 foot wide public right-of-way in the City of
Tigard, Washington County, Oreqon
STATE OF OREGON
County of Washington SS.
City of Tigard
I, Leonard Cook, being first duly sworn, on oath depose and say:
That I posted in the following public and conspicuous places , a
copy of Notice of Public Hearing of the Tigard City Council, a copy
of said notice being hereto attached and by reference made a part
hereof, on the 18th day of November, 1974 .
1. Power Pole (w/meter) on N.E. corner of porposed vacation area
2. Fir tree on S.E. corner of proposed vacation area.
3. P.G.E. Pole - Map C-21-1, pole #375 on N.W. side of proposed
vacation area.
4. P.G.E. pole - Map C-21-1, pole #5413 on N.W. corner of
proposed vacation area
Subscribed and sworn to before me this ;Z/ day of N�gber
1974 .
for Oregon
Notary Pu
My Commission expires :
Affidavit of Posting
"low*
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF DEDICATED PORTION OF AN UNDEVELOPED 50 FOOT WIDE PUBLIC
RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
Pursuant to resolution of the City Council of Tigard adopted November 11, 1974
under authority of Chapter 271.130 Oregon Revised Statutes, a public hearing will be
held by the Council of Tigard at 8:00 P.M. on Monday, December 23, 1974 at
Lecture Room, Fowler Junior High School, 10865 S.W. Walnut Street, Tigard, Oregon,
with respect to the proposed vacation of--the following described portion of a dedicated
portion of an undeveloped 50 foot wide public right-of-way in the City of Tigard,
Washington County, Oregon.
A
n street belonging to the City of Tigard, situated in Varns Acres in
Section 1, Township 2 South, Range I West, Willamette Meridian, in the
County of Washington, State of Oregon. Said street being 50 feet in width and
lying 25 feet (when measured at right angles) left and right of the following
described centerline.
Beginning at the intersection of the centerline of S.W. Varns Street with
the west right-of-way line of Interstate 5; thence South 89*26'45" West, a
distance of more or less 980.0 feet to the intersection of said S.W.
Varns Street centerline with the northeasterly right-of-way line of the
Beaverton-Tigard Highway No. 217. The sidelines of said S.W. Varns Street
w,
M be lengthened or shortened to intersect with the corresponding right-of-way
lines of said Interstate 5 and Tigard-Beaverton Highway 217.
Any objections or remonstrances against said proposal to vacate said area may be
made in writing and filed with the City Recorder prior to the date of the hearing,
and all objections filed prior to the date of hearing will be heard and considered,
and any person having an interest in the proposal may likewise verbally be heard
at said time and place.
By order of the City Council of Tigard, this 11th day of November, 1974.
DORIS HARTIG, City Recorder
TT Publish November 21, 28, December 5, 12, 19, 1974.
CITY OF TIGARD, OREGON
RESOLUTION No. 74- L i
A RESOLUTION CONCERNING VACATION OF AN UNDEVELOPED 50 FOOT WIDE DEDICATED
PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, the area described on the attached sheet headed "Exhibit A", and
t by this reference made a part hereof, is part of an existing undeveloped street
and/or alley dedicated to the public for highway purposes via the Varns Acres
plat, a duly recorded subdixision of record in Washington Couirty, Oregon; and
WHEREAS, the area described on said Exhibit "A" now lies within the
platted area of yarns Acres, a_duly recorded subdivision of record in said
County; and
WHEREAS, the area described on said Exhibit "A" also lies within the
corporate boundaries of the City of Tigard, Oregon; and
WHEREAS, said described area does not serve a public purpose and is so
situated as to be of no usefulness now or in the future as part of the public
street system of the City; and
WHEREAS, it appears to be in the public interest that the said area be
vacated and restored to the tax rolls and made available to development and
use; and
WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners have
petitioned for the initiation of vacation proceedings as authorized in Chapter
271 ORS.
NOW, THEREFORE,
BE IT RESOLVED by the City Council of Tigard, as follows:
(1) "That the public hearing is hereby called to be held by the City
Council of Tigard on Monday, December 23, 1974, at Lecture Room
Fowler :Jr. High School, 10865 S.W. Walnut Street within the City of
Tigard, beginning at 8:00 P.M., at which time and. place the Council shall
hear any objections thereto, and any interested person may appear and
be heard for or against the proposed vacating of said lands.
(2) "That the City Recorder be, and she is hereby, authorized and directed
to cause to have published in the Tigard Times, a newspaper of
general circulation in the City of Tigard hereby designated for such
purpose, a notice of said hearing in the form hereto attached and by
this reference made a part hereof, the first publication to be made
on the 21st day of November, 1974 and once each week thereafter for
five publishings in all.
"The Recorder be, and she is hereby, further directed to cause to have
posted within five (5) days after the date of first publication, a copy
of said notice in the form hereto attached, at or near each end of the
area(s) proposed to be vacated, and in addition, the Recorder shall post
a copy of said notice in at least two (2) conspicuous places within the
area(s) proposed to be vacated, all of said postings to be accomplished
within the time herein stated. —
(3) "That the particular portion of dedicated street proposed to be vacated
is described on the attached sheet headed "Exhibit A" and by this reference
made a part hereof." �j`,//,, f
PASSED by Council on the day of JVpyC.r�be r- , 1974.
ATTEST: Mayor
F � �
City Recorder
EXHIBIT "A"
Vacation of S .W. Varns Street
A street belonging to the City of Tigard, situated in Varns
Acres- in Section 1 , Township 2 South, Range 1 West,
Willamette Meridian,__ in the County of Washington, State
of Oregon. Said street being 50 feet in width and lying
25 feet (when measured at right angles) left and right of
the following described centerline.
Beginning at the intersection of the centerline of S .W.
Varns Street with the west right-of-way line of
Interstate 5; thence South 89'26145" West, a distance of
more or less 980 .0 feet to the intersection of said S .W.
Varns Street centerline with the northeasterly right-of-way
line of the Beaverton-Tigard Highway No. 217. The side-
lines of said S .W. Varns Street will be lengthened or
shortened to intersect with the corresponding right-of-
way lines of said Interstate 5 and Tigard-Beaverton Highway
217 .
REGISTERED
NZOFESSIONAL
E A 14 D SURVEYOR
0 A I G 0 X
jvtlt 13.
tt4E'tjj L VIENGLIR
100
Fj-q:--:HMding Co. , ICalifornia
Corporation
Before me, a Notary Public for the State of Oregon, appeared
Mike Oberhofer and swore to and signed the above petition as
being true:
Z14
My commission expires
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1ding. , California
Corporation
Before me, a Notary Public for the State of Oregon, appeared
Mike Oberhofer and swore to and signed the above petition as
being true.
My commission expires - y-7�
a� A
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF DEDICATED PORTION OF AN UNDEVELOPED 50 FOOT WIDE PUBLIC
RIGHT-OF-WAY IN THE CITY OF TIGARD$ WASHINGTON COUNTY, OREGON.
Pursuant to resolution of the City Council of Tigard adopted November 11, 1974
under authority of Chapter 271.130 Oregon Revised Statutes, a public hearing will be
held by the Council of Tigard at 8:00 P.M. on Monday, December 23, 1974 at
Lecture Room, Fowler Junior High School, 10865 S.W. Walnut Street, Tigard, Oregon,
with respect to the proposed vacation of the following described portion of a dedicated
portion of an undeveloped 50 foot wide public right-of-way in the City of Tigard,
Washington County, Oregon.
A street belonging to the City of Tigard, situated in Yarns Acres in
Section 1, Township 2 South, Range 1 Ulest, Willamette Meridian, in the
County of t'ashington, State of Oregon. Said street being 50 feet in width and
lying 25 feet (when measured at right angles) left and right of the following
described centerline.
Beginning at the intersection of the centerline of S.W. Varns Street with
the west right-of-way line of Interstate 5; thence South 89°2645" West, a
distance of more or less 980.0 feet to the intersection of said S.W. `
Varns Street centerline with the northeasterly right-of-way line of the I
Beaverton-Tigard Highway No. 217. The sidelines of said S.W. Varns Street
will be lengthened or shortened to intersect with the corresponding right-of-way
lines of said Interstate 5 and Tigard-Beaverton Highway 217.
Any objections or remonstrances against said proposal to vacate said area may be
made in writing and filed with the City Recorder prior to the date of the hearing,
and all objections filed prior to the date of hearing will be heard and considered,
and any person having an interest in the proposal may likewise verbally be heard `
at said time and place.
i
By order of the City Council of Tigard, this llth day of November, 1974.
4
i
DORIS HARTIG, City Recorder
TT Publish November 21, 28, December 5, 12, 19, 1974.
t
CORNELL,HOWLAND,HAYES&MERRYFIELD
200 S.W.Market, 12th Floor, Portland, Oregon 97201 Portland Regional office
Telephone: (503) 224-9190,TWX: 910-464-4720, Cable: CH2MHILL
€i`
1 November 1974
ENGINEERS PLANNERS ECONOMISTS
P8826 . 1 .99
qw
City of Tigard CITY OF TIGARD
P.O. Box 23557
Tigard, Oregon 97223
Attention: Ms. Doris Hartig, Recorder
Gentlemen:
Enclosed is the legal description and a map for Varns
Street between Interstate 5 and Beaverton-Tigard Highway
217.
Please attach these documents to the Varns Street Vacation
Petition submitted to you on 7 October 1974 by Farmers
Insurance Group.
Very truly yours,
-
Otto V dra, P.E.
pam
Enclosure
cc: Mr. Mike Oberhoffer, FIG
i
October 100 1974
b
Mike Oberhofer
Farmers Insurance
6700 S.W. Varna Road
Tigard, Oregon 97223
Res Street Vacation SW Varnes
Dear Air. Oberhofers
This will acknowledge receipt of your petition for vacation of the above
public street. However, before we can process your request, the City
requires a metes and bounds description of the property to be vacated as
well as a $100.00 depoatt to cover expenses of the street vacation. Any
unused funds will be returned to you.
Upon receipt of the above, we will process the petition and requseo tt.,;ouncil
to set a public hearing.
Sincerely,
Doris Hartig
City Recorder
DHs1w
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON
PETITION FOR VACATION OF A PUBLIC STREET
In the Matter of: No.
FIG Holding Co. , a Corporation)
Petitioner
COMES now the petitioner through its duly authorized agent and
states under oath:
1) FIG Holding Co. is a corporation existing under the laws
of the State of California .
2) That Mike Oberhofer has been authorized as agent for
FIG Holding Co. , to petition for this vacation.
3) That FIG Holding Co. is the owner of property described
as follows:
Tax Map 251, 1 Tax Lots 100 , 200 , 300 , 400 , 500 ,
501, 701 and 1100.
4) That the road petitioner requests vacation upon is
described as follows :
S.W. Varns Road between S.W. 66th Avenue and the
dead-end adjoining Highway 217 .
5) That said road to be vacated is commonly known as:
S.W. Varns Road
6) That the only property served by said road is the
FIG Holding Co. and that no other rights will be
affected by this vacation.
7) That FIG Holding Co. is the only property owner abutting
said road and no easements or other rights exist to
others from said road.
8) That the land vacated will be used in conjunction with
the sub-division of the concerned property for
development as approved by the City of Tigard in
Ordinance No. 74-52.
9) That the vacated road will be replaced by a new, un-named
road approximately 100 feet to the north of the existing
S.W. Varns Road. The new street will be built on
property owned by FIG Holding Co. at their expense and
dedicated to the City of Tigard upon completion.
WHEREFOR: Petitioner requests that the City of Tigard officially
vacate said road to the abutting property owner.
I, Mike Oberhofer, state that the above facts are true and that I
have been authorized as agent to act for FIG Holding Co. in this
matter.
agent for
F11��'— lding Co. ,�_
Corporation Californiaa
Corporation
Before me, a Notary Public for the State of Oregon, appeared
Mike Oberhofer and swore to and signed the above petition as
being true:
My commission expires