4052 ~ 109th Avenue ~ Summerfiled Drive 4®52
CITY OF TIGARD, OREGON
ORDINANCE No. 74 -
AN ORDINANCE VACATING A DEDICATED UNOPENED 20 FOOT WIDE PUBLIC
RIGHT-OF-WAY, INVOLVING THE TUALATIN DEVELOPMENT CO. , INC. IN
THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that Resolution No. 74-46 was
adopted by the Council on April 9, 1973, pursuant
to Chapter 271.080 O.R.S. , whereby the abutting property owners
have petitioned for the initition of vacation proceedings with
respect to the hereinafter described dedicated unopened portion
of a public way and that a public hearing was thereby called
to be held on September 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 September 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 vacating 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 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 5: The Council further finds that the City recording
officer has filed in her office a certificate
showing that all city liens and taxes have been paid on the
lands proposed to be vacated.
Section 6: Subject to pre-existing easement rights, if any,
for sewer, water, telephone, electrical or other
utility purposes now present on the hereinafter described lands
which rights are hereby expressedly excepted from the legal
effect of this ordinance, the following described portion of
dedicated, unopened street be, and the same is, hereby vacated
and the rights of the general public therein and thereto for
street and road purposes are hereby annulled and held for naught:
As described in Exhibit "A", attached hereto and by reference
made a part hereof.
BOOK 914 PAA41
4+ 52
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:
1. Department of Records & 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 vote of all Council
members present, after being read three times by
number and title only, this Z 3 d day
Of _, 1974.
Recorder - City of Ti and
APPROVED: By the Mayor, this day of �► 1974.
Mayor; - City o Tigard
BOOK 994 t"M642
ORDINANCE No. 74 _ Page 2
i
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4®52
EXHIBIT "A"
All - that portion of a 20. 00 foot Wide dedicated
strip of land in Lots 7 and 8 of Marguerite Ochs Tracts
laying Within the platted Lot 211 of the duly recorded plat
of Summerfield #4, in Washington County, Oregon.
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
records 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 26th day of September, 1974 .
- L �
Ci y Recor Z6r
STATE OF OREGON
County of Washington ss
i, Roger T'homssen, Directgr of Records
and Elections and Ex-Officio Recorder of Con-
veyonces for said county, do hereby certify
that the within instrument of writing was
received and recorded in book of records
No. ----------------–.......
—_ - -
of said County
Witness my hand and seal offixed,
ROGER THOMSSEN, Director of
n r Records $ Elections
�\ BOOK 994 PAGE643
RESOLUTION No. 74- `7 � DeOuty
P 5 ; . � i
October 15, 1974
Myron L. Sorensen
Church of Jesus Christ of Latter-Day Saints
C/O Tualatin Development Corporation
15300 S.W. 116th Avenue
Tigard, Oregon 97223
Re: Tigard & 2nd, Beaverton Oregon Stake
Property #511-4705-Ap S.W. 109th Avenue
Dear Nr. �'orensen:
Please be advised the Tigard City Council at their regular meeting September
23, 1974, approved your request for a street vacation on the above property
�
locateO In Summerfield `114 development.
The followinc; is au accounting all costs incurred by the City and covered by your
deposit:
Deposit July 19, 1974 $100.00
Tigard Times - Public Notices $38.13
Recording Fee - i4ashington County $ 6.00
Surveyors Fee - Washington County 3.00 -$ 47.13
REFUND $ 52.87
1 am enclosing your refund check in the amount of $52.87 and if I may be
of further assistance to you regarding this matter, please feel free to
contact me.
Sincerely,
Doris Hartig
City Recorder
DH:lw
Enclosure - Check.
p�pdCC: Bishop Francis M. Rogers
President L. Edward Parry
September 27, 1934
Roger Thomason
Department of Records & Rleetions
Washington County Courthouse
Millsboro, Oregon 97123
Rat Street 'Vacation
Dear :ter. Thomson:
Enclosed is certified copy of Ordinance no. 34-54 vacating a
portion of a dedicated unopened 24 foot wide public right-of-
way, involving the Tualatin Development C060 Inc.
I am enclosing our *hock for recording in the Washington County
Deed Records tet accordance with provisions of C.R.S. 271.234
the ordinance as well as the $3.00 for marking the plat by the
County Surveyor.
if I may be of further assistance to you on this matter, please
fool free to contact me.
Sincerely.
noris Rartiq
City Recorder
DHsfj
;Enclosure
cc: County Surveyor - Dept. of Public Works
Dept. of Revenues & Taxation -• Attn: County Assessor
AFFIDAVIT OF PUBLICATION � �' '� �
4 zk
STATE OF OREGON, U t
ss. PU ;
COUNTY OF WASHINGTON, e+ lyi
C ,
I W1I, ---- -----------------------------J o S-eX111---S Cha f_er---------------------------------------------------------------- C
197+t? 441W Ptrar
bein first duly sworn depose and say that I am the 271' l
;. g Y P Y publisher _-- _ _--__-- _-- pub ie
Councit a"71gard at n
------ -------- of The Tigard Times, a. newspaper of general circulation, as defined clay 35 „23s
tic nt Chart ea.: OrAde
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and Schpv> 'yigrd, t4'
theva
state; that the legal notice, a printed copy of which is hereto annexed, was ddes
tiot r
published in the entire issue of said newspaper for ----------- pu_____ _ successive and
consecutive weeks in the following issues __---------------------.----------------- ---____ ____-____--------------- d strap of land.ln sand
8 ',Marguerite Ochs
-A-ugast_-22---&---2-9----and---wept-eiab-er------ -Y- 1-2-Y----19-- -74----- wi the*ptattted Lot 21 n
aof
------ - ------ - --- ---- ------ n County,
( ature) Any objections or re +anstrapces
against said proposal to vacate said
area may be made.in*rithigg and filed
Subscribed and sworn to before me this ----------1_9th__-----------___ day of ------------ with the City Recorder prior to the'
date of the hearing, and all objections
filed prior to the date of hearing;will
--------- S e_p t emb e r-_. 1s__7A be heard and considered,and any per-
son having an-interest In the proposal
may likewise verbally be heard at said
-------- ------- ----- ------ - -- ------ --- -- --------- timO and place.
Notary Public of Oregon By order of the City Council of Ti-
gash,this 12th day of August, I974.
My commission expires DORIS HARTIG,
L / ------- lg-,7� City Recorder
(IT 2179 Publish Aug. 22-29, Sept.
5-I�19, I974)
August 22, 1974
ri To: Doris Hartig, City Recorder
From: Robert Thompson
Subject: Street Vacation - Notice Posting Affidavit
On August 22, 1974, at 3:00 P.M. four (4) vacation notices were
placed by myself on Lot 211 of Summerfield #4 (plat) . One being
placed at the Northeast property corner of Lot 211; second one
placed on a stake 50 feet f South of said property corner; the
third placed on a stake 20,:feet f West of last said posting; and,
the fourth placed on a stake 20 feet zk West of the first said
property corner.
R. L. Thompson
A cony of trze notice Being hereto attached and by reference made a
Part liereof, on tie 23rd day of August 1974 .
Subscribed and sworn to :jefore rile this 23rd day of August 1974 .
Notary Public
My Commission exnires'2/9/75
Affidavit of Posting Summerfield Plat 44
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF DEDICATED PORTION OF AN UNDEVELOPED
20 FOOT WIDE PUBLIC RIGHT-OF-.WAY IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
Pursuant to resolution of the City Council of Tigard adopted
August 12, 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, September 23, 1974 at Administration Offices,
Charles F. Tigard Grade School, Tigard, Oregon, with respect to the
proposed vacation of the following described portion of a dedicated
portion of an undeveloped 20 foot wide public right-of-way in the
City of Tigard, Washington County, Oregon.
All that portion of a 20.00 foot wide dedicated strip
of land in Lots 7 and 8 of Marguerite Ochs Tracts laying
within the platted Lot 211 of the duly recorded plat of
Summerfield #4, in Washington County, Oregon.
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 12th day of August,
1974.
DORIS HARTIG, City Recorder
TT Publish Aug. 22-29, Sept. 5-12-190 1974
10
WASHINGTON COUNTY
ADMINISTRATION BUILDING— 150 N. FIRST AVENUE CITY OF TMA
A HILLSBORO, OREGON 97123
BOARD OF COMMISSIONERS
BILL MASTERS,Chairman DEPT. OF PUBLIC WORKS
VIRGINIA DAGG KENNETH A. MENG, Director
RAY MILLER ROOM 201
ROD ROTH August 14, 1974 (503) 648-8886
BURTON C.WILSON,JR.
l
City of Tigard
P. O. Box 23557
Tigard, Oregon 97223
Attention: Bruce Clark, Administrator Re: S.W. 109th Avenue
Gentlemen:
As you are aware, S. W. 109th Avenue is a 20 foot wide gravel county road on a 40
foot right-of-way running from Durham Road north. The portion from Durham Road
to Naeve is in the City of Tigard and is in the vicinity of the Stm$ierfield develop-
ment.
The developers of Suariexfield working with your city have developed on paper a system
of streets which would replace S. W. 109th through the development and, therefore,
require its vacation. Accordingly, the developers of Summerfield owning the property
on both sides of this segment of 109th petitioned the Board of County Comni.ssioners
for the vacation of said road. A public hearing was properly advertised and held on
July 23, 1974. A group of citizens living north of Summerfield, outside of your city
and utilizing 109th as access to Durham, appeared at the public hearing and seemed in
doubt as to what was being proposed. The Board of Ccxmtissioners, therefore, con-
tinued the hearing to August 13, 1974 to give staff an opportunity to fully explain
to these people the proposals.
At the public hearing continuation on August 13th, four of these owners were rep-
resented by an attorney and expressed continued concern.
At the close of the hearing the Board of cmynissioners adopted a staff recommendation
concerning this matter. The board action was as follows:
The Washington County Board of Ccanmissioners agreed to the vacation of S.W.
109th as petitioned holding in abeyance final action on the vacation until
the following conditions have been met:
1. The road entrance into this area (S.W. Summerfield Blvd.) from
Durham Road be reconstructed to provide a minimum width of 20
feet between curbs.
2. A replacement road or system of roads acceptable to the Public
Works Department from the north boundary of the SumTerfield
development to S.W. Durham Read has been dedicated, accepted,
constructed and opened to travel.
City of Tigard
August 14, 1974
Page 2
Effectively, the action by the Board leaves S.W. 109th open in its existing condi-
tion until such time as the alternate street system is available for travel. Since
your city is involved in accepting dedication, approving the plat, overseeing the
construction, etc., I felt it desirable that you be appraised by the board action.
After the conditions have been met the board will take final action on the vacation.
If you have any further questions on this matter please contact me.
Yours truly,
Ken N1el
Director of Public Works
KM:j s
Attachment: Map
cc: County AcIninistrative Officer
Deputy Director of Public Works
Tualatin Development, Inc.
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�41 .-
CITY OF TIGARD, OREGON
RESOLUTION No. 74- J:' !
A RESOLUTION CONCERNING VACATION OF AN UNDEVELOPED 20 FOOT WIDE
DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITE OF TIGARD, WASHINGTON
COUNTY, OREGON.
WHEREAS, the area described on the attached sheet headed
"Exhibit All, and by this reference made a part hereof, is part
of an existing undeveloped street and/or alley dedicated to the
`%W public for highway purposes via the Marguerite Ochs Tracts plat,
a duly recorded subdivision of record in Washington County,
Oregon; and
WHEREAS, the area described on said Exhibit "A" now lies
within the platted area of Summerfield No. 4, a duly recorded sub-
division 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, September 23,
1974, at Administration Offices, Charles F. Tigard Grade
School 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 22nd day of August, 1974 and once each
week thereafter for five publishings in all.
t. "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 aiea(s) � pioposed to be
vacated, all of said postings to be accomplished within the
time herein stated.
R
(3) "That the particular portion of dedicated street proposed
to be vacated is described on the attached sheet headed
"Exhibit All and by this reference made a part hereof. "
PASSED BY THE COUNCIL � _�_
(payor — City of Tigard 4
� i
ATTEST: ! '
Recor er — City of Ti d
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RESOLUTION No. 74— 116
PAGE 2 \
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EXHIBIT "A"
All that portion of a 20.00 foot Wide dedicated
strip of land in Lots 7 and 8 of Marguerite Ochs Tracts
laying Within the platted Lot 211 of the duly recorded plat
of Summerfield #4, in Washington County, Oregon.
RESOLUTION No. ?h-
LAW DEPARTMENT THE GHIIRCH OF JESUS CHRIST OF LATTER-DAY SAINTS
336 SOUTH THIRD EAST
OFFICE OF THE FIRST PRESIDENCY
WILFORD W.KIRTON,JR. T
OSCAR W.MCCONKIE,JR. SALT LAKE CITY,UTAH 84111
HAROLD R.BOYER
F.BRITON McCONKIE
RICHARD R.BOYLE
' DAN S.BUSHNELL
TELEPHONE
ROBERT M.DYER
RAYMOND W.GEE (801)531-2531 EXT 6900
H.D.LOWRY
GRAHAM
JOSEPH C..RUST June. 21 1974
US
ANTHONY I.BENTLEY,JR.
J.DOUGLAS MITCHELL
RICHARD R.NESLEN
DENNIS -.WRIGHT*
HENRY D.STAGG
MYRON L.SORENSEN
City Recorder
City of Tigard
Tigard, Oregon 97223
RE: Tigard & 2nd
Beaverton Oregon Stake
Prope:dy #511-47-05-A
Gentlemen:
Enclosed you will find an original Petition For andConsent
To Vacation properly signed by. the Corporation of the Presiding
Bishop.
If you have any questions regarding this mattes, please feel
free to call or write the undersigned.
Yours sincerely,,
Myron1. Sorensen
MLS :ep
Encl.
cc : Bishop Francis M. Rogers
President L. Edward Parry
P:USE refer to our Property num AO
on all correspondence and on docuWoats
mailed separately,
TO- 7-HE HONORABLE PV,YOR AND CITY
City of Tigard
County of Washington
State of Oregon
In the MAtter of the Vacation
of lands described as:
Margu��ritt' Ochs 'Tilrpcts and PJ,]TI"7ION FOR 14N )
Sur-perfiel! No. .1 f3treets)
Petit ionE rs hereby requ-12st that the following clescrihed area be
vacate,J and in resp-1-.'!.--t thereto respectfully show.-
(1) Phat the area hcreinaftc-=r described is within the
corporate boundary of the City, and said t-erritory lil<ewise is wholly
within t1hi Coutnty of Washinq-ton, Stat,� of Oregon.
(2) That.- the area proposed hcreby to be vacated corrprises
approximately Al,A, acres, <ind is legally described 'hereinbelow or
on the attached sheet irarl-,_ed Exhibit "A" which by reference h_�rein is
made a part hereof) .
"All. that portion of a 20. 00' dedicated strip of land in
Lots 7 and RMarguekite pchs Tracts laying within the
platted lot 211 of the cul > rncordQd lat
of Suminr2rfield #4, in Washington County, Oregon".
WHEREFORE, petitioners pray that said lands be vacated, and
each petitioner consents to the vacation thereof, and requests that the
necessary procedures be conducted for the vacation thereof, as provided
by law.
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