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12929 ~ Varnes Road ~ Interstate 5 ~ Beaverton-Tigard Highway No. 217 �� ]8� ��'=~�—~' �� ~�'. 9y ��� ~ � CITY OF TIGARO, OREGON �Y�� ~+ '�v� ` °�" ' B� -'' 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 : ���~� D0{�� V�V0 � P8 � �� -~ ~' ' ,`�� 0 ���� - ~ ' ` ^ , ' ' " 29 j n 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 'U � 13381S 1— �. ' p t i O i O££ n \ � 1 £i, ON 'a'1 d I i; NI.1NaIN S314Vr Sa \ O� 800'M'N'A 1N' ,051 St O££ ��ytl ££ � %./J "//.%//// � � � ( `� dpi Y�y t Z011,3��1• '' ap'65'.� \ S1�K0pX49 0001 2001 8EI LeaX �ofi I"' w i at�S/7 9 u 491 4 . I m `i V 1001 r .� W601 I aryls of \ \ �--oz ( 0011 f OB'!OZ ,0££ ` ,0££ v �' Ott 98ZI U':) 'N1938 13 3 9 I S. 9 1'a'l SM did j 09'402 14 � _ _ , ' 'i` 1 - 0££ ,0££ 99 0££ p�-� i 00G1't+091 p , ' ox\ Z091 '1091 a w I'104i loos! 'Z04i '101Pr OOvI L 6 01 ., Oo£1 0091 04t m " •Ivio•t 1 1 109 108 - ' I (Z9£Zi'ON'S'0) 1011 10a 130Nv0 Vaasa 3daaz �rrise y z 1 -0091 -11 ii 1 �d�►> >1,00Z ;V bt ' 001 OOZ 00£ 00t, 005 IOL IV SNaVA P', l d 'tVIiINi _,19'8£!_ t '� £ `161 _ ,0££ „0££ ,0££ I 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