5434 & 79-053010 ~ 67th Avenue ~ Elmhurst Street '
f r�- L�viNcJr � Ti�. VIkTta 9 '`
5484
1 IN THE BOARD OP COUNTY CONNISSIONMRS
2 FORSHINWM COMMY, OREGON
3 in the Natter of the Vacation of a portion p
of Elmhurst (5th St.)5treet between Grant p
4 (68th Ave.) Street and Garfield (66th Ave.) )
Street and a portion of Lincoln (67th Ave,) ) RESOLUTION AND 021M
3 Street Between Elmhurst Street (5th St.) and )
Franklin Street (6th St.) in the Recorded )
6 plat of Nest Portland Heights, Washington ) No. ,ZQ —33 O
County,unty, Oregon. Vacation No. 86 )
E
9 This matter having been considered by the Board of County
10 commissioner* at its regular meeting on January 27, 19701 axed
11 It appearing that a petition was filed by G. F. Wardin, Alden
12 D. Wright and N. D. Sall, the owners of all of the adjoining lands
13 on either side of that portion proposed to be vacated herein, i.e.,
14 a portion of Elmhurst (5th St.) Street between grant (68th Ave.)
15 Street and Garfield (66th Ave.) Street and a portion of Lincoln (67th
ld Ave.) Street between Elmhurst Street (5th St.) and Franklin Street
17 (6th St.) in the reworded plat of hest Portland Heights, Washington
la County, Oregon, described as follows, to wit:
19 A portion of Fifth and Lincoln Street in accordance with tiara
duly recorded town plat of West Portland Heights, Nashington
20 County, Oregon described,as follows%
21 That portion of Fifth Street lying between the west right-of-
way line of Garfield Street and the east right-of-Any line
of Grant Street according to said tam plat. Also that portion
23 of Lincoln Street lying between the north right-of-way line of
Fifth Street and a straight line between the southwest corner
> 23 of Lot 1 of Block 24 and the southeast corner of Lot 8 of
24 Block 23 of said town plat.
,ts also described as%
ftatportion of Lincoln Street lying bebweem► the Swath lUw
of 5th Stv"t and a line parallel to and 100 fast soutbarly
fxV said South line of 5th Street that portion of Sth t
e at a Flaw rAllel to sand 10 foo~toxlqft"
Of f .ct St.ro9t ronxUAq thence
t l 20 feet easterly t t
ftWthe
04t, Portland 040tp'
Mc s
ftly' V'Oomd �#'visl ola to t13aiA�:.
t 004 Petition dU4 'dovel;ibe the
at
tam,
tha namos of 'moo perso" to
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5484
1 it further appearing that notice of the pendency of said
2 petition was given by written notice being posted more than 30 days
3 prior to the date of the hearing, i6xich notices were posted in three
4 of the most public and conspicuous places within the limits of said
S roadway, as shown by the affidavit on file herein; and
6 It further appearing that said notice contained a description
7 of the portions of the roadways to be vacated, and gave the date of
6 January 27, 1970 at 7e30 o'clock p.m. as the time, and room 306 of
9 the Washington county Courthouse. Hillsboro, as the place for having
10 the matter; and
11 it further appearing that no objections have been made to
12 the granting of said petition; and
13 It further appearing that the said portions of said streets
14 are useless as a part of the general road system and bensdonsoo to
13 maintain and the public will be benefited by its vacation, and tho'
16 Hoard being duly advised in the promises herein, it is, bereby
17 RXSOLVSD AND ORDBRZD that the following described portions of
18 Slmhurat (5th Street) Street and Lincoln (67th Ave.) Street in the
19 recorded plat of West Portland Heights, Washington County. Oregon, be
20 and the same hereby are vacated-
21 A portion of Fifth and Lincoln Street in accordance with the
duly recorded town plat of West Portland Heights, Washington
22 county, Oregon described as follows:
23 That portion of Fifth Street lyinq between the west rigbt-
of-way line of Barfield Street and the east right-of-way line
24 of Brant Street according to said town plat. Also that por-
tion of Lincoln Street lying between the north right-of-May
2S Fins of Fifth Street and a straight Line between the MOUth-
weet cows of Lot 1 of Block 14 and the southeast corner of
26 Lot a of Block 23 of said town plat.
also 4owibed sae
't#1►h oR of Lincoln Street lying baween the South line
6f� 1 a 11We paxallo to and 100 feet southerly
that poruou as 5t2e au . et
�y 11.0
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A 1yR0-t
from
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1 and it is further 5484
RESOLVED AND ORDERED that a copy of this Resolution and
3 Order be filed in the deed records of Washington Countyt and it is
4 further
S RESOLVED AND ORDERED that those utility easements presmtly
6 in existence in the street vacated herein be retained;and it is fterth"
7 RESOLVED AND ORDERED that the County Surveyor of Washington
6 County, Oregon, be and he hereby is, authorised and directed to marls
9 those portions described above as vacated upon the plata and records
14 of Washington County, Oregow and it is further
11 RMOLVED AMD ORDERED that the Director of Records and NleotionS
12 of Washington County, Oregon, is hereby authorised and directed to
13 collect from the petitioners herein the required statutory fess for
14 payment to the surveyor as surveyor's fees, and payment to the
1S recorder as recorder's fees, and have this order of vacation reoorded
16 an the records of Washington County.
17 DATED this 27th day of January, 1970.
16 ROM Ot COUMTY COI UMOMS
FOR WABIMWIft'Ml COMVV!r ORS"
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® 79053010
• IN UM BOARD OP") i CO"=aQMS
i FILED
FOR WASFf'IIVrai U ,N, CFEMN
gists qua 24 w+it:21
In the Mier of Amend Ing Pesolution and ) j10Ns
Order No. 79-44, eonceining the Vacat-3an of ) RFSO[1fiTI.T4
El 'ltl� ItiYY
portions of 5th Street (S.W. Elmhurst Street)) v4semG a
and Lincoln Street (S.W. 67th Al,nue), ) NO. 79-198
Vacation No. 86. )
matter having come on regularly be5ore the Board at its meeting of
August 21, 1979; and
it appearing to the rDard that on January 27, 1970, by Resolution and @der
No. 70-30, .: B—rd/mpleted the prooaedings for.Vacation No. 86, wtdch included
portions .f 5th Street (S.W. Elmhurst Sweet) and Lincoln Street (S.W. 67th Avenue),
in the e,ily recorded plat of Nast Portland Heights'; and
it appearing to the Board that the description of the vacated streets in said
Peaclution and Order No. 70-30 contained conflict.:that made it impassible to detecmane
the exact intent of the%-rd, and that said descz'iptien was, therefore deficient and
needed to he corrected: arc?
It appear.ig to t;-,c.award lot, based on the original engineer's report and
other correspondence on file, t l on advice from Ooonty Counsel, the description Of the
vacated streets in said Resolutican and order No. 70-30 was ammiled an M&rch 27, 1979,
by Resolution and Order No. 79-44, to reflect the a+aff rewmmdation and apparent
intent of Resolurticn and Order No. 70-30, to-wit:
portions of Fifth Street (S.W..Elmhurst Street) and Lincoln Street (S.W.
67th Avenue), in Section I, MS, RIw, w.w., Washington County, Oregon,
as dedicated to the public in the duly recorded plat of •west Portland
weights', described as follows:
That portio.:of Lincoln ftreet lying between the South Iine
of 5th Street and a line parallel to-.nd 100 feet southerly frog said
South line of 5th Street; also that portion of 5th Street commencing at
a line parallel to and 10 feet westerly from the west line of Garfield
Street running thence westerly to a line parallel to and 20 feet easterly
from the East line of,rant:Street.
and
It appearing to the Board that r more extensive study by oormty Oounsel of n=
the documents in the case revealed evidence that sha+ed the description in Resolution
and order No. 79-44 to be improper, and that said resolution and order should be ama ded
to reflect those portions of the streets described in the petition and notice of public
hearing unless ttere is evidence that the Board specifically intere-d to deny a portion _
of the petition and that a public hearing should be held to consider objections to
said amarxImsnt; and
i P' .
It appearing to the Board that on July 24, 1979, by Resolution and ar No.
79-172, August 14, 1979 was set as the date for hearing objections to said amendment;
and
It appearing Lo the Board that sad Resolution and Order tb. 79-172 also
directed the Washington County Deparhtent of Public%brks to provide notice of said
hearing "at least 30 days before said hearing date, pursuant to ORS 271.010(2)", and
that there was not sufficient time to provide said 30 days notice; and
It appearing to the Board that Canty Qxmsel las determine-?that, since QRS
271.010(2) does not indicate any specific notice period for dedicated street vacations,
the 30 day period mentioned in Ria,-,olution and Order No. 79-172 rmy be waived in order
to save time; and
It appeuring to the Board that notices of said August 14, 1979 hearing date
were posted on July 30, 1979, giving sufficient notice of said bearing; and
It appearing to the Board that said utter was not propwly plac-,l on the
_
agenda for said August 14, 1979 meeting, tort said hearing use therefore opened an said
date as an off.docket ;tem and continued to August 21, 1979 to allow it to be placed on
a regular Board arerda: and
- It appearing to the Board that no objections or remmtranoes to the amadYaent
= to said Resolution and Order No. 79-44 were made at said tearing, nor was any evidence
introduced indicaUng :he,'bard's intent to deny a portion of the petition; it is therefore
RESOLVED AND OFZERED that the 30 day notice period directed by Resolution and -
Order Vo. 79-172 be, end`nareby is, waived; and it is further
17'Srd,VED Ai:. CSD that Resolution and Order No. 79-44 be, and hereby is,
amadiod to nflocL the vacation of those portions of 5th Street (S.W. F_lmfisst St.) and
{ Lincoln Stroet (S•w• 6M,Ave.) described: the original petition and notice of public
hearing, based on the pr_doe that the ptevious action by the Board was ambiguous as to
vtretlrer the petition was -Tprnved entirely and therefore should be construed in favor of
the petitioner, to-wit:
A PORTION OF FIFTH AND LINCOLK S'TRESTS IN ACCORDANCE WITH THE DULY
RECORDED TONN PLAT OF WEST PORTLAND HEIGHTS, WASHING7VN COUNTY, OREGON,
DESCRIBE,)AS FOLLOWS:
THHAT PORTION OF FIFTH STREET LYING BETWEEN THE NEST RIGHT-OF-NAY LINE
OF GARPTELD STREET AND THE EAST RIGHT-OF-WAY LINE OF GRM'T STREET
ACCORDING TO SAID TOWN PLAT. ,1,40 THAT PORTION OF LINCOLN STREET LYI:X
BETWEEN THE NORTH RIUMOP-WAY 1THE OF FIFTH STREET AND A STRAIGHT LI.PE
BETWEEN THE SOUTHWEST CORNER OF UYP 1 OF BLOCK 24 AND THE SOUTHEAST
CORNER OF LC?H OF BUCK 23 OF SAID S'A'N PLAT, -
POW 2-NO
Vacation No. 86
s
77
and it is further
IEsovim AND O!�that the Oounty Surva of of Martjr$bon Oregon be,
and hexety is, autboriaed and directed to oonfins that the intent i:dlc ted by th,:ab"'
amended descsipt+on has been Prop-lY shown on the Plats and records of Maahingtoa
Owoty, Oregon, and it is further
RESOLVED ACFUMM that this or
s order be recorded m the records,of Maw
RD
ODunty, Oregon.
Dated this 21st day Of August, 1979.
Dom OF Comy OmfUSSICUMS
1'ON R 7 mmy, Oman
•Clnixaen
3 VOTES AYE
51i
$TATE OR OREGON
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wy>ntw for wiE.wmr.tlo Mr.er aMM RMt -
rr warn Waumna d w.�mE••,.•se..a.a
u,a r,a•d d r•mr a ua.pwRr. 1P
ROGER TNOM$$EN.Ow—d
DEC27 4 otPM'l9
APPROVED AS TO FOAM ;,rye �R X64
Rage 3- R60 -
VaratiOn No. 66 y�tL` -
Tx W.h�namn County,Ooyon -