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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 ., tiw✓ WrrM 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. , w i nunnrnrrrrrr I Cd 10, ce CL W Z 4 � 4 Q � i • • t . w Z + w � tr W V � a ) y 0 d w : O �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 4 t 1 t kk� E E S t RESOLUTION No. 74— 116 PAGE 2 \ '�irr' 'rrrr' �w 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. Map mo. fool. 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