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99-050342 ~ 135th Avenue ~ Hawk's Beard Road ~ Upper Boones Ferry Road � s low STATE,,.WO'OREGON County of Washington SS 1, Jerry ;t . an Ment of Assess- ment and � n Clerk ford dq ��io County the wither� t:u' " - err , rtify that and ren of received county ",Of said ori director of :# axation, Ex- bwQ'q; Uy Clerk Doc 99050342 Rect: 230442 04/26/1999 01: 35:07p91.UU m I "RETURN RECORDED DOCUMENT TO: CITY RECORDS SECTION, +r+ CITE'OF TI6ARD CITY OF TIGARD, OREGON 13125 SW Hall Blvd. ATTACHMENT 1 Tigard,OR 97223 ORDINANCE NO. 99--Qa AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 28,645 SQUARE t FOOT PORTION OF A DETOUR EASEMENT ALONG SW 135TH AVENUE IN THE CITY OF �P TIGARD,WASHINGTON COUNTY,OREGON. c WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on February 23, 1999 and approval has been recommended by the Community Development Department; and WHEREAS, the approximately 28,645 square foot portion of said easement had been previously dedicated to the public per Easement Document 89-20392 for the purpose of providing a detour during the construction of SW 135'''Avenue; and WHEREAS, Southwest 135'Avenue has been improved and the detour easement is no longer necessary; and WHEREAS, all affected service providers have reviewed the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS,in accordance with Tigard Municipal Code Section 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS,the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on April 13, 1999, finds that it is in the public interest to approve the request to vacate said detour easement as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 28,645 square foot lortion of detour easement as shown and described on the attached Exhibits A and B (map and egal description of the area to be vacated), and by this reference, made part thereof. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By Undn'1M(-)U5 vote of all Council members present after being read by number and title only, this t3-'--' day of C , 1999. Catherine Wheatley, City Recor(or APPROVED: By Tigard City Council thisL- day o ' 1999. es Nic ,r e a True Copy of /. Approved as to form: Original on file� � 1 f4' 1,� City tt mey "/ 3-�/ 7 CDC ity Recorder- Cityof Ti a...,._., Date )Lt-Q I C,G c ORDINANCE No.99 Ociityw'ide\or \vac 3Rh2.ord (4/13/99 City Council Public Hearing) 03/24/99 5:40 PM �Z ATTACHMENT "EXHIBIT A" C A ko C z w O Q - cn 0 c� z HAWK'S Z BEARD cm z a J F- _ �- cn 2 z Q Lo — 0 F- u- AREA AREA TO BE VACATED 0 O H U Fc T 0 cr M r- VICINITY MAP t SW 135TH AVENUE EXHIBIT N DETOUR EASEMENT VACATION ma is not to scale ATTACHMENT 1: "EXHIBIT B" DESCRIPTION FOR THE VACATION OF DETOUR EASEMENT A PORTION OF THE TRACT OF LAND IN THE EAST 1/2 OF SECTION 33 TOWNSHIP 1 SOUTH RANGE ONE WEST WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED RECORDS WHICH IS N 01°38' 40"E 233.21 FEET FROM THE SOUTHEAST CORNER OF SAID DEDICATION DEED; THENCE N 010 38' 40"E,ALONG SAID EAST LINE,A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF PARCEL I PARTITION PLAT 1996-059 AND THE TRUE POINT OF BEGINNING; THENCE N 010 38' 40"E,ALONG SAID EAST LINE, A DISTANCE OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR EASEMENT; THENCE S 38' 21' 20"E A DISTANCE OF 155.57 FEET TO A POINT 100.00 FEET EASTERLY OF (WHEN MEASURED AT RIGHT ANGLES) SAID EAST LINE ; THENCE S 01°38' 40"W A DISTANCE OF 227.66 FEET; THENCE S 410 38' 40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF PARTITION PLAT 1996-059; THENCE N 60'30' 26"W,ALONG SAID NORTH LINE,A DISTANCE OF 8.42 FEET THENCE N 58° 35' 39"W ALONG SAID NORTH LINE A DISTANCE OF 47.34 FEET; THENCE N 58'44' 38"W,ALONG SAID THE NORTH LINE,A DISTANCE OF 39.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING. CONTAINING 28645 SQUARE FEET. throughout the Willamette Valley and the country were finding ways to produce crops without spending so much money on chemicals in order to achieve a profit. He stated that the result of this economic issue was less chemical runoff from the agricultural areas of the Willamette Valley, the Tualatin Valley, and the rest of the country. Mr. Mahon commented that farmers were sensitive to environmental issues because they worked the land for a profit. If the land stopped producing, they lost their profit. He said that those worried about runoff needed to realize that the situation was getting better year by year. Councilor Scheckla asked how big Mr. Mahon's farm was and how close it was to a stream. Mr. Mahon said that they had 400 acres in filberts and 200 acres in other crops in orchards both north and south of Forest Grove. He said that tributaries to Dairy Creek ran through various orchards. Councilor Scheckla asked if, in the future, some of the chemicals currently available for farm use would be eliminated. Mr. Mahon said that that was a possibility. He explained that any farmer applying chemicals had to get the same kind of applicator's license as an exterminator or lawn care professional did. He reiterated that pure economics motivated farmers to reduce their use of chemicals. He commented that some farmers found an increased risk in doing so but if they saved $10,000 in chemicals and bought a crop insurance policy for$1,000, they reduced their risk and transferred it to the insurance company. Councilor Scheckla asked if it was the same for dairy farmers. Mr. Mahon said that the laws requiring licensed applicators applied to all farmers across the board. He stated that farms were run under heavy regulation these days. They even had to build separate storage units for chemicals instead of just putting them in the shed. 6. PUBLIC HEARING (QUASI-JUDICIAL) - 135TH AVENUE DETOUR EASEMENT VACATION -- The purpose of the hearing is to consider the proposed vacation of an approximately 28,645 square-foot portion of SW 135`h Avenue, south of the Summer Creek Apartments. The request was filed with the City on December 4, 1998, and initiated by the City Council at the request of the applicant on February 23, 1999. a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges Councilor Scheckla declared that he drove by the site a couple of times. c. Staff Report Jim Hendryx, Community Development Director, stated that the Bowen Real Estate Group has requested vacation of a detour easement along SW 135``'Avenue. He explained that this detour easement was granted to the City in 1989 for the construction of SW 135h Avenue. He indicated that, with the street construction completed and no impact on utility easements, staff recommended vacation of the easement. He mentioned that none of the contacted agencies filed an objection. d. Public Testimony No one testified CITY COUNCIL MEETING MINUTES - APRIL 13, 1999 -PAGE 25 s z AWN AP L CITY OF TIGARD 3 LL LV 1 , ��GA, � REGfN fi�2 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA—APRIL 13, 1999 - PAGE 1 TIGARD CITY COUNCIL MEETING AGENDA APRIL 13, 1999 6:30 PM • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), ar (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 7:00 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council ar Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITORS AGENDA 3. CITY OF TIGARD PROCLAMATION IN RECOGNITION OF NATIONAL VOLUNTEER MONTH • Administration Department COUNCIL AGENDA—APRIL 13, 1999 - PAGE 2 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve City Council Minutes — February 23, 1999. 4.2 Receive and File: a) Tentative Agenda b) Council Calendar c) Solid Waste Annual Reports for 1998 Memorandum from Finance Director Lowry 4.3 Approve Correction to January 26, 1999, Council Meeting Minutes 4.4 Local Contract Review Board: a. Amend Professional Engineering Services Consultant Contract for Improvements in the 69`' Avenue Local Improvement District b. Approve Engineering Services Contract with DKS Associates for Completion of Transportation System Plan Update Study 4.5 Initiate Vacation Proceedings - Approximately 9,076 Square-Feet of Public Right of Way on SW Ross Street, East of Hall Boulevard Council Consideration: Resolution No. 99- Consent Agenda - hems Removed for Separate Discussion. Any items requested to he removed from the Consent Agenda for separate discussion will he considered immediately after the Council has voted on those items which do not need discussion. 5. PUBLIC HEARING: SOURCE OF LONG-TERM WATER SUPPLY a. Open Public Hearing b. Staff Introduction Public Works Department C. Public Testimony Council will hear public testimony from individuals and groups. Please sign up on the testimony sign-in sheet provided at the back of the Town Hall Room. Each individual will be allowed 3 minutes for public testimony. Groups, which have prearranged with the Public Works Director to speak at this hearing, will be allowed 15 minutes per group for testimony. COUNCIL AGENDA-APRIL 13, 1999 - PAGE 3 6. PUBLIC HEARING (QUASH UDICIAL) - 135"' AVENUE DETOUR EASEMENT VACATION - The purpose of the hearing is to consider the proposed vacation of an approximately 28,645 square-foot portion of SW 1351' Avenue, south of the Summer Creek Apartments. The request was filed with the City on December 4, 1998 and initiated by the City Council at the request of the applicant on February 23, 1999. Any interested person may appear and be heard for or against the proposed vacation of said 135"' Avenue detour easement vacation. Any written objections or remonstrances shall be filed with the City Recorder by 7:30 p.m. on April 13, 1999. a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: Proponents, Opponents, Rebuttal e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 99- d. Close Public Hearing Council will deliberate toward a decision at the April 27, 1999, City Council meeting. In order to give the Council time to review testimony, the deadline for receipt of written public testimony for the Council's consideration is April 15, 1999, 5 P.M. COUNCIL AGENDA-APRIL 13, 1999 - PAGE 4 7. CONTINUE CONSIDERATION OF FINAL ORDER TO APRIL 20, 1999 - (COUNCIL CALL-UP) — ERICKSON HEIGHTS SUBDIVISION (SUB 98- 0009/PDR 98-0010/VAR 98-0010) The request is to build a 58-lot Planned Development Subdivision on a 16.41-acre site. This site also involves a request for a Variance to the maximum street grade. LOCATION: The subject parcels are east of SW 109th, north of the Summerfield Subdivision, south of the Canterbury Woods Condominiums, and west of Hoodview subdivision and Marion Estates subdivisions. WCTM 2S110DA, Tax Lots 00100, 00200 and 00500. ZONES: Single-Family Residential (10,000 Square Feet); R- 3.5. The purpose of the R-3.5 zoning district is to establish large urban residential home sites. Planned Development; PD. The purposes of the PD Overlay zone are to provide a means for creatorgplanned environments through the application of flexible standards which allow for the application of new techniques and new technology in community development which will result in a superior living arrangement; to facilitate the efficient use of land; and to preserve to the greatest extent possible, the existing landscape features and amenities through the use of a planningprocedure that can relate the type and design of a development to a particular site, among other purposes. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.48, 18 80 18.88 18.92 18.96 18.100, 18.102, 18.106, 18.108, 18.134, 18.1 Y8, 18.1 90 and 16.164. a. Continue Consideration of Final Order to April 20, 1999 b. Council Consideration: Resolution No. 99- 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1 ) (d), (e), at (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing. from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 11. ADJOURNMENT 1:\ADM\CATHY\CCA\990413.DOC COUNCIL AGENDA—APRIL 13, 1999 - PAGE 5 The City Council initiated this vacation February 23, 1999 The Bowen Real Estate group requested that the City Council vacate a detour easement along SW 135`' Avenue. In 1989, a twenty (20)-foot slope and detour easement was granted (Document Easement 89-20392) for the construction of SW 135" Avenue. Now that the construction of SW 135''' Avenue is finished, the slope and detour easement is no longer needed. Generally, when easements of this nature are required, there is language in the recording document stating that the easement can be deleted upon completion, however, there is no mention of that in this easement recording document. The applicant is requesting that the detour easement be vacated since it has served its purpose in aiding the construction of SW 135th Avenue. Appropriate agencies have been contacted for comments and did not provide any objections to the proposed vacation. The vacation will remove the detour easement only. In any event, Staff is unaware of any utilities within the easement area. Staff recommendation: Approve the proposed detour easement vacation by adoption of the attached Ordinance. CITY OF TIGARD,OREGON ATTACHMENT 1 J1 ORDINANCE NO. 99--Ca AN ORDINANCE CONCERNING THE VACATION OF. AN APPROXIMATELY 28,645 SQUARE FOOT PORTION OF A DETOUR EASEMENT ALONG SW 135TH AVENUE IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on February 23, 1999 and approval has been recommended by the Community Development Department; and WHEREAS, the approximately 28,645 square foot portion of said easement had been previously dedicated to the public per Easement Document 89-20392 for the purpose of providing a detour during the construction of SW 135'b Avenue; and WHEREAS, Southwest 135"Avenue has been improved and the detour easement is no longer necessary; and WHEREAS, all affected service providers have reviewed the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS,in accordance with Tigard Municipal Code Section 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS,the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on April 13, 1999, finds that it is in the public interest to approve the request to vacate said detour easement as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 28,645 square foot portion of detour easement as shown and described on the attached Exhibits A and B (map and legal description of the area to be vacated), and by this reference,made part thereof SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By U tl(/1iMOU S vote o all Council members present after being read by number and title only,this 13-'!' day of ter%C 51999. za'm�- , omjl�z� Catherine Wheatley, City Recor r APPROVED: By Tigard City Council this 1-3 day o 91999. es Nicoll,Mayor Approved as to form: Citytt rney Date ORDINANCE No.99- is\citywide\ord\vac135th2.ord (4/13/99 City Council Public Hearing) 03/24/99 5:40 PM ATTACHMENT 1: "EXHIBIT A" C A C Z O w to Q � 5 O Z — HAWK'S Z BEARD M Q a. J I— _ �.. cn ch Z Q to — M ~ r' tL AREA TO BE VACATED O H U Fc T 0 aC c� C9 VICINITY MAP t SW 135TH AVENUE EXHIBIT N DETOUR EASEMENT VACATION (map is not to scale ATTACHMENT 1: "EXHIBIT B" I DESCRIPTION FOR THE VACATION OF DETOUR EASEMENT A PORTION OF THE TRACT OF LAND IN THE EAST 1/2 OF SECTION 33 TOWNSHIP 1 SOUTH RANGE ONE WEST WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY, OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED RECORDS WHICH IS N 010 38' 40"E 233.21 FEET FROM THE SOUTHEAST CORNER OF SAID DEDICATION DEED; THENCE N 01°38' 40"E,ALONG SAID EAST LINE,A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF PARCEL 1 PARTITION PLAT 1996-059 AND THE TRUE POINT OF BEGINNING; THENCE N 010 38' 40"E,ALONG SAID EAST LINE,A DISTANCE OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR EASEMENT; THENCE S 38° 21' 20"E A DISTANCE OF 155.57 FEET TO A POINT 100.00 FEET EASTERLY OF(WHEN MEASURED AT RIGHT ANGLES) SAID EAST LINE ; THENCE S 01' 38' 40"W A DISTANCE OF 227.66 FEET; THENCE S 410 38' 40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF PARTITION PLAT 1996-059; THENCE N 60° 30' 26"W,ALONG SAID NORTH LINE,A DISTANCE OF 8.42 FEET THENCE N 58° 35' 39"W ALONG SAID NORTH LINE A DISTANCE OF 47.34 FEET; THENCE N 580 44' 38"W,ALONG SAID THE NORTH LINE, A DISTANCE OF 39.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING. CONTAINING 28645 SQUARE FEET. IL ATTACHMENT 2 -J CITY OF TIGARD,OREGON RESOLUTION NO.99- 11 A RESOLUTION INITIATING THE VACATION OF A 28,645 SQAURE FOOT DETOUR EASEMENT ALONG SW 135TH. WHEREAS,the approximately 28,645 square foot portion of easement had previously been dedicated to the public for the purpose of providing a detour during the construction of SW 135th; and WHEREAS, SW 135 'has been improved and the detour easement may no longer be necessary;and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate the approximately 28,645 square foot portion of detour easement along SW 135 ' Street, south of the Summer Creek Apartments; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested detour easement vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 28,645 square feet detour easement along SW 13th, south of the Summer Creek Apartments, as more particularly described in Exhibit "A" and Exhibit "B" and by reference,made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday,April 13, 1999, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public easement. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said public hearing, the first publication to be on March 25, 1999 and the final publication to be on April 1, 1999. The Recorder is further directed to cause to have posted within five(5)days after the date of first publication,a copy of said notice at or near each end of the area proposed to be vacated. PASSED: This 3d d day of ��' 1999. &`—r -City of Tigard ATTF T: i � 11 4�4An-u Gtr City Recorder- City of Tigard RESOLUTION NO.99- iAcitywide\res\Vaci35 .res Page 1 of 1 8-February-99 Julia PH L EXHIBIT A DESCRIPTION FOR THE VACATION OF DETOUR EASEMENT A PORTION OF THE TRACT OF LAND IN THE EAST 1/2 OF SECTION 33 TOWNSHIP 1 SOUTH RANGE ONE WEST WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED RECORDS WHICH IS N 010 38' 40"E 233.21 FEET FROM THE SOUTHEAST CORNER OF SAID DEDICATION DEED; THENCE N 01° 38' 40"E,ALONG SAID EAST LINE, A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF PARCEL 1 PARTITION PLAT 1996-059 AND THE TRUE POINT OF BEGINNING; THENCE N 010 38' 40"E, ALONG SAID EAST LINE, A DISTANCE OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR EASEMENT; THENCE S 380 21' 20"E A DISTANCE OF 155.57 FEET TO A POINT 100.00 FEET EASTERLY OF (WHEN MEASURED AT RIGHT ANGLES) SAID EAST LINE ; THENCE S 01' 38' 40"W A DISTANCE OF 227.66 FEET; THENCE S 410 38' 40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF PARTITION PLAT 1996-059; THENCE N 600 30' 26"W, ALONG SAID NORTH LINE, A DISTANCE OF 8.42 FEET THENCE N 580 35' 39"W ALONG SAID NORTH LINE A DISTANCE OF 47.34 FEET; THENCE N 58° 44' 38"W, ALONG SAID THE NORTH LINE, A DISTANCE OF 39.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING. CONTAINING 28645 SQUARE FEET. �Z EXHIBIT B __Jja c A ckko c z 0 Lu a >_ 0 0 z HAWK'S z BEARD M z a J = a. W _ r Z a Ch F- '- AREA TO BE VACATED L1. p H _ V Fc T 0 CC M VICINITY MAP t SW 135TH AVENUE EXHIBIT N DETOUR EASEMENT VACATION (map is not to scale CITY OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Julia Powell Hajduk, Associate Planner, (503) 639-4171 AGENDA: April 13, 1999 TOPIC: Vacation of an approximately 28,645 square foot portion of a detour easement along SW 135hAvenue. BACKGROUND: The City Council initiated this Vacation on February 23, 1999(Attachment 2,Resolution No. 99-11). The Bowen Real Estate group requested that the City Council Vacate a detour easement along SW 135" Avenue. In 1989, a twenty (20)-foot slope and detour easement was granted (Easement Document 89-20392) for the construction of SW 135 'Avenue. Now that the construction of SW 135" Avenue is finished, the slope and detour easement is no longer necessary. Generally, when easements of this nature are required,there is language in the recording document stating that the easement can be deleted upon completion. However, there is no mention of that in this easement recording document. The slope easement and a portion of the detour easement were previously vacated for the property to the south by Ordinance No. 87-03. The applicant is requesting that the remaining portion of the detour easement be vacated since it has served its purpose in aiding the construction of SW 135th Avenue. The applicant would also like to remove the appearance of a conflict between the easement and their existing development because the easement now runs through an apartment complex built on the property. Appropriate agencies have been contacted for comments and did not provide any objections to the proposed vacation. COST: No cost to the City AGENDA ITEM# For Agenda of. April 13, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Vacation of an approximately 28,645 square foot portion of a detour easement alonu W 135'Avenue south of the Summer Creek Apartments. PREPARED BY: Julia Powell Hajduk DEPT HEAD OK t CITY ADMIN OK 4 ISSUE BEFORE THE COUNCIL Should the City Council vacate an approximately 28,645 square foot portion of a detour easement along SW 135"' Avenue, south of the Summer Creek Apartments? STAFF RECOMMENDATION It is recommended that Council approve the vacation as requested. INFORMATION SUMMARY The City Council initiated this Vacation on February 23, 1999 (Attachment 2,Resolution No. 99-11). The Bowen Real Estate group requested that the City Council Vacate a detour easement along SW 135"Avenue. In 1989, a twenty (20)-foot slope and detour easement was granted (Easement Document 89-20392) for the construction of SW 135'Avenue. Now that the construction of SW 135'Avenue is finished, the slope and detour easement is no longer necessary. Generally, when easements of this nature are required, there is language in the recording document stating that the easement can be deleted upon completion. However, there is no mention of that in this easement recording document. The slope easement and a portion of the detour easement were previously vacated for the property to the south by Ordinance No. 87-03. The applicant is requesting that the remaining portion of the detour easement be vacated since it has served its purpose in aiding the construction of SW 135th Avenue. The applicant would also like to remove the appearance of a conflict between the easement and their existing development because the easement now runs through an apartment complex built on the property. Appropriate agencies have been contacted for comments and did not provide any objections to the proposed vacation. Attachments: ATTACHMENT 1 - (Proposed Ordinance) "Exhibit A"- (Site Plan) "Exhibit B"- (Legal Description) ATTACHMENT 2 - (Resolution No. 99-11 Initiating The Vacation) OTHER ALTERNATIVES CONSIDERED 1. Deny the easement vacation request. 2. Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES There are no fiscal impacts as a result of this request as all fees have been paid by the applicant. 135'h Avenue Detour Easement Vacation i:\citywide\sum\vacl35th2.sum (4/13/99 City Council Public Hearing) 24-Mar-99 5:25 PM CITY OF TIGARD, OREGON ATTACHMENT 1 ORDINANCE NO. 99- AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 28,645 SQUARE FOOT PORTION OF A DETOUR EASEMENT ALONG SW 135TH AVENUE IN THE CITY OF TIGARD,WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on February 23, 1999 and approval has been recommended by the Community Development Department; and WHEREAS, the approximately 28,645 square foot portion of said easement had been previously dedicated to the public per Easement Document 89-20392 for the purpose of providing a detour during the construction of SW 135 'Avenue; and WHEREAS, Southwest 135'Avenue has been improved and the detour easement is no longer necessary; and WHEREAS, all affected service providers have reviewed the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS,in accordance with Tigard Municipal Code Section 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS,the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on April 13, 1999, finds that it is in the public interest to approve the request to vacate said detour easement as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 28,645 square foot portion of detour easement as shown and described on the attached Exhibits A and B (map and legal description of the area to be vacated), and by this reference,made part thereof SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of , 1999. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 51999. James Nicoli,Mayor Approved as to form: City Attorney Date is\citywide\ord\vac135th2.ord ORDINANCE No.99- 03/24/99 5:40 PM (4/13/99 City Council Public Hearing) Z IrATTACHMENT 1: "EXHIBIT A" C A Ci xA® C z O w Q � 0 z HAWK'S z J BEARD c Q (L J cn 0 •— LLQ 3: ch z Q C� Lo u- AREA TO BE VACATED O H U Fc T 0 CC cv) c) VICINITY MAP t SW 135TH AVENUE EXHIBIT N DETOUR EASEMENT VACATION (rnap is not to scale JATTA:HMENT 1: "EXHIBIT B" DESCRIPTION FOR THE VACATION OF DETOUR EASEMENT A PORTION OF THE TRACT OF LAND IN THE EAST 1/2 OF SECTION 33 TOWNSHIP 1 SOUTH RANGE ONE WEST WILLAMETTE MERIDIAN, CITY OF TIGARD,WASHINGTON COUNTY, OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED RECORDS WHICH IS N 010 38' 40"E 233.21 FEET FROM THE SOUTHEAST CORNER OF SAID DEDICATION DEED; THENCE N 01' 38' 40"E,ALONG SAID EAST LINE,A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF PARCEL 1 PARTITION PLAT 1996-059 AND THE TRUE POINT OF BEGINNING;THENCE N 01° 38' 40"E,ALONG SAID EAST LINE,A DISTANCE OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR EASEMENT; THENCE S 38' 21' 20"E A DISTANCE OF 155.57 FEET TO A POINT 100.00 FEET EASTERLY OF (WHEN MEASURED AT RIGHT ANGLES) SAID EAST LINE ; THENCE S 01° 38' 40"W A DISTANCE OF 227.66 FEET; THENCE S 410 38' 40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF PARTITION PLAT 1996-059; THENCE N 60'30' 26"W,ALONG SAID NORTH LINE,A DISTANCE OF 8.42 FEET THENCE N 580 35' 39"W ALONG SAID NORTH LINEA DISTANCE OF 47.34 FEET; THENCE N 58' 44' 38"W,ALONG SAID THE NORTH LINE,A DISTANCE OF 39.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING. CONTAINING 28645 SQUARE FEET. L ATTACHMENT 2 JI CITY OF TIGARD,OREGON RESOLUTION NO. 99- 11 A RESOLUTION INITIATING THE VACATION OF A 28,645 SQAURE FOOT DETOUR EASEMENT ALONG SW 135TH. WHEREAS,the approximately 28,645 square foot portion of easement had previously been dedicated to the public for the purpose of providing a detour during the construction of SW 135th;and WHEREAS,SW 135 'has been improved and the detour easement may no longer be necessary;and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate the approximately 28,645 square foot portion of detour easement along SW 135d' Street, south of the Summer Creek Apartments; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested detour easement vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 28,645 square feet detour easement along SW 131', south of the Summer Creek Apartments, as more particularly described in Exhibit "A" and Exhibit "B" and by reference,made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday,April 13, 1999, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public easement. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said public hearing, the first publication to be on March 25, 1999 and the final publication to be on April 1, 1999. The Recorder is further directed to cause to have posted within five(5)days after the date of first publication,a copy of said notice at or near each end of the area proposed to be vacated. PASSED: This 3d d day of 1999. e9Tor-City of Tigard ATT9T: City Recorder-City of Tigard RESOLUTION NO.99-1 i Acitywide\res\Vac i 35 .res Page 1 of 1 8-February-99 Julia PH L EXHIBIT A DESCRIPTION FOR THE VACATION OF DETOUR EASEMENT A PORTION OF THE TRACT OF LAND IN THE EAST 1/2 OF SECTION 33 TOWNSHIP 1 SOUTH RANGE ONE WEST WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED RECORDS WHICH IS N 010 38' 40"E 233.21 FEET FROM THE SOUTHEAST CORNER OF SAID DEDICATION DEED; THENCE N 010 38' 40"E,ALONG SAID EAST LINE, A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF PARCEL 1 PARTITION PLAT 1996-059 AND THE TRUE POINT OF BEGINNING; THENCE N 010 38' 40"E, ALONG SAID EAST LINE, A DISTANCE OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR EASEMENT; THENCE S 380 21' 20"E A DISTANCE OF 155.57 FEET TO A POINT 100.00 FEET EASTERLY OF(WHEN MEASURED AT RIGHT ANGLES) SAID EAST LINE ; THENCE S 010 38' 40"W A DISTANCE OF 227.66 FEET; THENCE S 410 38' 40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF PARTITION PLAT 1996-059; THENCE N 600 30' 26"W, ALONG SAID NORTH LINE, A DISTANCE OF 8.42 FEET THENCE N 58° 35' 39"W ALONG SAID NORTH LINE A DISTANCE OF 47.34 FEET; THENCE N 580 44' 38"W.ALONG SAID THE NORTH LINE, A DISTANCE OF 39.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING. CONTAINING 28645 SQUARE FEET. EXHIBIT B C A c z O a � 0 c� z HAWK'S Z � BEARD M Q CL J = o- c t- — LO U. AREA TO BE VACATED O H V � C T In c� ch VICINITY MAP t SW 135TH AVENUE EXHIBIT N DETOUR EASEMENT VACATION (map is not to scale r J`3.5 n O- C), O N 2 7 � � RECEIVED PLANNING � Q w APR 71999 v CITY OF TIGARD r.J est - C/) � � S w Doo Z T c W TI T N O S ;u O X D o �D m { V ZJ C) 0 O� _ �n� `Y c e y p [ A k CITY OF TIGARD Community(Development Shaping Better Community PUBLIC HEARING NOTICELi NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, APRIL 13, 1999, AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: 135T"AVENUE DETOUR EASEMENT VACATION APPLICANT: David Gibson Bowen Real Estate Group 121 SW Morrison, Suite 1000 Portland, OR 97204 REQUEST: The Tigard City Council initiated vacation proceedings at the request of the applicant on February 23, 1999 for the vacation of an approximately 28,645 square foot portion of a detour easement along SW 135th Avenue, south of the Summer Creek Apartments. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135th Avenue, south of the Summer Creek Apartments. DATE VACATION REQUEST WAS FILED: DECEMBER 4, 1998. THE REQUEST OUTLINED ABOVE WAS INITIATED BY THE COUNCIL ON FEBRUARY 23, 1999 BY SETTING A FORMAL PUBLIC HEARING DATE OF APRIL 13, 1999. ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF- WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY APRIL 13, 1999, BY 7:30 P.M. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25(") PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR JULIA POWELL HAJDUK, ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. (VICINITY MAP IS ON THE OTHER SIDE OF THIS NOTICE) 135 1AVENUE DETOUR EASEMENT VACATION 4/13/99 CITY COUNCIL PUBLIC HEARING �Z C A C w Q HAWK'S J BEARD a n cn _ cv) z Lo CIO r- AREA TO BE VACATED � c trill r 0 co r If- --I ATTACHMENT 2 CITY OF TIGARD,OREGON RESOLUTION NO. 99- // A RESOLUTION INITIATING THE VACATION OF A 28,645 SQAURE FOOT DETOUR EASEMENT ALONG SW 135TH. WHEREAS,the approximately 28,645 square foot portion of easement had previously been dedicated to the public for the purpose of providing a detour during the construction of SW 135th; and WHEREAS, SW 135th has been improved and the detour easement may no longer be necessary; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate the approximately 28,645 square foot portion of detour easement along SW 135' Street, south of the Summer Creek Apartments; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested detour easement vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 28,645 square feet detour easement along SW 13th, south of the Summer Creek Apartments, as more particularly described in Exhibit "A" and Exhibit "B" and by reference,made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday,April 13, 1999, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public easement. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said public hearing, the first publication to be on March 25, 1999 and the final publication to be on April 1, 1999. The Recorder is further directed to cause to have posted within five(5) days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated. PASSED: This 3�� day of //1999. epror-City of Tigard ATTFF City Recorder- City of Tigard RESOLUTION NO.99- iAcitywide\res\Vac135 .res Page 1 of 1 8-February-99 Julia PH L EXHIBIT A::J DESCRIPTION FOR THE VACATION OF DETOUR EASEMENT A PORTION OF THE TRACT OF LAND IN THE EAST 1/2 OF SECTION 33 TOWNSHIP 1 SOUTH RANGE ONE WEST WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED RECORDS WHICH IS N 010 38' 40"E 233.21 FEET FROM THE SOUTHEAST CORNER OF SAID DEDICATION DEED; THENCE N 01' 38' 40"E , ALONG SAID EAST LINE, A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF PARCEL 1 PARTITION PLAT 1996-059 AND THE TRUE POINT OF BEGINNING; THENCE N 01° 38' 40"E, ALONG SAID EAST LINE, A DISTANCE OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR EASEMENT; THENCE S 380 21' 20"E A DISTANCE OF 155.57 FEET TO A POINT 100.00 FEET EASTERLY OF (WHEN MEASURED AT RIGHT ANGLES) SAID EAST LINE ; THENCE S 010 38' 40"W A DISTANCE OF 227.66 FEET; THENCE S 410 38' 40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF PARTITION PLAT 1996-059; THENCE N 60° 30' 26" W, ALONG SAID NORTH LINE, A DISTANCE OF 8.42 FEET THENCE N 58° 35' 39"W ALONG SAID NORTH LINEA DISTANCE OF 47.34 FEET; THENCE N 58' 44' 38"W, ALONG SAID THE NORTH LINE, A DISTANCE OF 39.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING. CONTAINING 28645 SQUARE FEET. EXHIBIT B =jj LLh C A �� C z O Lu cl) Q � D C� z HAWK'S z BEARD � Q a n f- C� Ln — M � LL AREA TO BE VACATED O H Will V Fc r 0 M � a VICINITY MAP t SW 135TH AVENUE EXHIBIT N DETOUR EASEMENT VACATION (map is not to scale JG D�I COUI�CIL�� USINESSIIEE 1G FEBRUARY�3 99 30'P.M .. r;� CITY OF TIGARD CARD CI H 1. 3'125 VII L 13 x. s fGA1113REG0 97223 a PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m.to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309(voice)or 684-2772(TDD-Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171,x309(voice)or 684- 2772(TDD-Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA- FEBRUARY 23, 1999 - PAGE 1 TIGARD CITY COUNCIL MEETING FEBRUARY 23, 1999 AGENDA 6:30 PM • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h)to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > DISCUSSION: PROPOSED BUILDING FEE INCREASE 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order-City Council&Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA(Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes—January 12 and 19, 1999 3.2 Initiate Vacation Proceedings of an Approximately 28,645 Square Foot Portion of Detour Easement Along SW 135th Avenue, South of the Summer Creek Apartments — Resolution No.99- 3.3 Approve Intergovernmental Agreement Between the City of Tigard and the City of Durham for Pavement Striping Services 3.4 Local Contract Review Board: Award Contract for the Construction of the Police Department Building Remodel to Payne Construction, Inc. • Consent Agenda-Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. COUNCIL AGENDA- FEBRUARY 23, 1999 - PAGE 2 4. PUBLIC HEARING: AMEND TITLE 14 OF THE TIGARD MUNICIPAL CODE TO CREATE PROPERTY MAINTENANCE PROVISIONS STIPULATING MINIMUM STANDARDS FOR HOUSING, AMENDING THE DANGEROUS BUILDING CODE AND ADDING PROVISIONS FOR DANGEROUS STRUCTURES a. Open Public Hearing b. Staff Report: Community Development Department C. Public Testimony: • Proponents, Opponents, Neutral d. Staff Recommendation e. Council Questions f. Close Public Hearing g. Council Consideration: Ordinance No.99- 5. CONSIDER ESTABLISHING CITY POLICIES FOR THE ADMINISTRATION OF THE COMMUNITY HOUSING PROGRAM • Staff Report: Community Development Department • Council Discussion/Questions • Council Consideration: Resolution No.99- 6. PUBLIC HEARING—69th AVENUE LOCAL IMPROVEMENT DISTRICT PROJECT a. Open Public Hearing b. Staff Report: Community Development Department C. Public Testimony: • Proponents,Opponents, Neutral d. Staff Recommendation e. Council Questions f. Close Public Hearing g. Council Consideration: Direct staff that the improvements be made in accordance with the Resolution of Intent, or with modifications, and direct that an ordinance be prepared to form the District. 7. CONSIDER AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE TO REFERENCE THE MOST CURRENT GRADING CODE AND LIABILITY LANGUAGE FROM THE 1997 UNIFORM BUILDING CODE • Staff Report: Community Development Department • Council Discussion/Questions • Council Consideration: Ordinance No.99- COUNCIL AGENDA-FEBRUARY 23, 1999 - PAGE 3 8. CONSIDER WITHDRAWING PROPERTIES ANNEXED INTO THE CITY OF TIGARD FROM THE TIGARD WATER DISTRICT • Staff Report: Community Development Department • Council Discussion/Questions • Council Consideration: Ordinance No.99- 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 12. ADJOURNMENT I:\ADM\CATHY\CCA\990126.DOC COUNCIL AGENDA- FEBRUARY 23, 1999 - PAGE 4 AGENDA ITEM#: For Agenda of: February 23, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE• Initiation of Vacation proceedings for an approximately 28,645 square foot portion of detour easement along SW 135th Avenue south of the Summer Creek Apartments. PREPARED BY: Julia Powell Hajduk DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council initiate Vacation proceedings involving an approximately 28,645 square foot portion of detour easement along SW 135x'Avenue, south of the Summer Creek Apartments? STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached Resolution which sets a formal public hearing date on the vacation for April 13, 1999. INFORMATION SUMMARY In the City vacation process of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. The Bowen Real Estate group is requesting that the City Council initiate Vacation proceedings for a detour easement along SW 135th Avenue. In 1989, a twenty (20)-foot slope and detour easement was granted (Document Easement 89-20392) for the construction of SW 135th Avenue. Now that the construction of SW 135th Avenue is finished,the slope and detour easement is no longer needed. Generally, when easements of this nature are required, there is language in the recording document stating that the easement can be deleted upon completion, however there is no mention of that in this easement recording document. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. The applicant is requesting that the remaining portion of the detour easement be vacated since it has served its purpose in aiding the construction of SW 135th Avenue. The applicant would also like to remove the appearance of a conflict between the easements and their existing development. Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration. Attachments: Attachment 1 -(Petition Requesting Initiation for Vacation) Attachment 2—(Resolution Initiating Vacation) Exhibit A-(Legal Description) Exhibit B - (Site Plan) OTHER ALTERNATIVES CONSIDERED Take no action at this time. FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees have been paid by the applicant. 2/23/99 Council Initiation of SW 135 Detour Easement Vacation Proceedings i:\curpin\julia\vacI35th.sum Julia PH 8-Feb-99 ❑❑❑ D(��Qjj;�T Bowen Financial Services Corp. QREAL ESTATE ATTACHMENT 1 Bowen Development Company iii❑ Bowen Property Management Co. ❑ ❑❑❑ GROUP Accredited Mawgemenl Organization* qD December 4, 1998 �� Q ;r- 1998 Gus Duenas CiTY Y O TIG3ARD City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Re: Summer Creek Apartments— 13456 SW Hawks Beard Road Dear Mr. Duenas: In accordance with your letter of October 27, 1998, concerning the"detour easement"identified therein, a copy of which accompanies this letter, on behalf of Summer Creek, LLC I hereby request that the City of Tigard vacate the detour easement. I enclose our check in the amount of$1530 to pay the required fee. All correspondence regarding this matter should be directed to my attention. Thank you again for your assistance. is , avid R. i son General Counsel s r± 121 S.W. Morrison 0 Suite 1000 ■ Portland, Oregon 97204 0 (503) 274-8400 voice 0 (503) 274-4685 fax ATTACHMENT 1 Continued October 27, 1998 CITY OF TIO OREGON ARD To the parties on the attached list: The City of Tigard is the beneficiary of that certain Street Dedication dated April 25, 1989, and recorded May 5, 1989, in the Washington County records at Recorder's Fee No. 89-20392 (the"Street Dedication"). Page 4 of Exhibit A to the Street Dedication describes a"detour easement"across a strip of land described therein which includes a portion of the land owned by Summer Creek, LLC and on which has been constructed the Summer Creek Apartments. We understand Summer Creek, LLC is in the process of obtaining a loan from the John Hancock Mutual Life Insurance Company and that the loan will be secured by the Summer Creek Apartments, a portion of which is affected by the detour easement. I am the City Engineer for the City of Tigard. I have reviewed the facts surrounding the described"detour easement" and I have concluded that the City has no continuing interest in the rights granted by that easement. The correct method by which the City can release its interest in that dedicated easement is through the vacation process, ORS 271.080- 271.230. The City Council is the decision-maker in that process. Upon receipt of a request to do so and the required fee, I will forward on to the City Council a recommendation that the public interest will not be prejudiced by the vacation and that the Council vacate the dedicated easement. If I receive such a request no later than December 31, 1998, during the period of time that the request is being processed and considered by the Council, the City agrees that(i) it will not seek to enforce or otherwise use the detour easement in any manner and (ii) it will not transfer or in any manner convey the detour easement to any other party. Sincerely, f;?- AGUSTIN P. DUENAS, P.E. City Engineer Attachment c: William A. Monahan, City Manager Liz Newton, Assistant to the City Manager James M. Coleman, City Attorney's Office 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772 ATTACHMENT 2 CITY OF TIGARD,OREGON RESOLUTION NO.997-- A RESOLUTION INITIATING THE VACATION OF A 28,645 SQAURE FOOT DETOUR EASEMENT ALONG SW 135TH. WHEREAS,the approximately 28,645 square foot portion of easement had previously been dedicated to the public for the purpose of providing a detour during the construction of SW 135th; and WHEREAS, SW 135th has been improved and the detour easement may no longer be necessary; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate the approximately 28,645 square foot portion of detour easement along SW 135th Street, south of the Summer Creek Apartments; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested detour easement vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 28,645 square feet detour easement along SW 13th, south of the Summer Creek Apartments, as more particularly described in Exhibit "A" and Exhibit"B" and by reference,made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, April 13, 1999, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public easement. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said public hearing, the first publication to be on March 25, 1999 and the final publication to be on April 1, 1999. The Recorder is further directed to cause to have posted within five(5)days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated. PASSED: This day of , 1999. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.99- iAcitywide\res\Vac135 :res Page 1 of I 8-February-99 Julia P H EXHIBIT A DESCRIPTION FOR THE VACATION OF DETOUR EASEMENT A PORTION OF THE TRACT OF LAND IN THE EAST 1/2 OF SECTION 33 TOWNSHIP 1 SOUTH RANGE ONE WEST WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED RECORDS WHICH IS N 010 38' 40"E 233.21 FEET FROM THE SOUTHEAST CORNER OF SAID DEDICATION DEED; THENCE N 01' 38' 40"E , ALONG SAID EAST LINE,A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF PARCEL 1 PARTITION PLAT 1996-059 AND THE TRUE POINT OF BEGINNING; THENCE N 01° 38' 40"E, ALONG SAID EAST LINE, A DISTANCE OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR EASEMENT; THENCE S 38° 21' 20"E A DISTANCE OF 15 5.5 7 FEET TO A POINT 100.00 FEET EASTERLY OF (WHEN MEASURED AT RIGHT ANGLES) SAID EAST LINE ; THENCE S 010 38' 40"W A DISTANCE OF 227.66 FEET; THENCE S 410 38' 40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF PARTITION PLAT 1996-059; THENCE N 600 30' 26"W, ALONG SAID NORTH LINE, A DISTANCE OF 8.42 FEET THENCE N 58° 35' 39" W ALONG SAID NORTH LINE A DISTANCE OF 47.34 FEET; THENCE N 580 44' 38"W, ALONG SAID THE NORTH LINE, A DISTANCE OF 39.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING. CONTAINING 28645 SQUARE FEET. EXHIBIT B C A Sc � !� C z O Lu _ _ a _> t� z HAWK'S z BEARD M z a n J = a cn ❑ _ Z a Lo � O AREA TO BE VACATED O H trill U Fc T M � a VICINITY MAP t SW 135TH AVENUE EXHIBIT N DETOUR EASEMENT VACATION (map is not to scale CITY OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Julia Powell Haiduk, Associate Planner, (503) 639-4171 AGENDA: TOPIC: Should the City Council initiate Vacation proceedings involving an approximately 28,645 square foot portion of detour easement along SW 135`'Avenue, south of the Summer Creek Apartments? BACKGROUND: In the City vacation process of streets, easements and other public dedicated areas,the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. The Bowen Real Estate group is requesting that the City Council initiate Vacation proceedings for a detour easement along SW 135"Avenue. In 1989, a twenty (20)-foot slope and detour easement was granted (Document Easement 89-20392) for the construction of SW 135"' Avenue. Now that the construction of SW 135" Avenue is finished, the slope and detour easement is no longer needed. Generally, when easements of this nature are required, there is language in the recording document stating that the easement can be deleted upon completion,however there is no mention of that in this easement recording document. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. The applicant is requesting that the remaining portion of the detour easement be vacated since it has served its purpose in aiding the construction of SW 135th Avenue. The applicant would also like to remove the appearance of a conflict between the easements and their existing development. Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration. COST: There are no fiscal impacts since the applicant has paid the cost for processing the vacation. i Acurpin\julia\13 Rheasementvac.fct.doc AGENDA ITEM#: For Agenda of: February 23, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiation of Vacation proceedings for an approxiML jQ.A - oot Dortion of detour easement along W 13 5th Avenue south of the Summer Creek A artments. PREPARED BY: Julia Powell Hajduk DEPT HEAD OK CITY ADMIN K ISSUE BEFORE THE COUNCIL Should the City Council initiate Vacation proceedings involving an approximately 28,645 square foot portion of detour easement along SW 135th Avenue, south of the Summer Creek Apartments? STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached Resolution which sets a formal public hearing date on the vacation for April 13, 1999. INFORMATION SUMMARY In the City vacation process of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. The Bowen Real Estate group is requesting that the City Council initiate Vacation proceedings for a detour easement along SW 135th Avenue. In 1989, a twenty (20)-foot slope and detour easement was granted (Document Easement 89-20392) for the construction of SW 135th Avenue. Now that the construction of SW 135th Avenue is finished,the slope and detour easement is no longer needed. Generally,when easements of this nature are required, there is language in the recording document stating that the easement can be deleted upon completion, however there is no mention of that in this easement recording document. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. The applicant is requesting that the remaining portion of the detour easement be vacated since it has served its purpose in aiding the construction of SW 135th Avenue. The applicant would also like to remove the appearance of a conflict between the easements and their existing development. Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration. Attachments: Attachment I -(Petition Requesting Initiation for Vacation) Attachment 2—(Resolution Initiating Vacation) Exhibit A-(Legal Description) Exhibit B -(Site Plan) OTHER ALTERNATIVES CONSIDERED Take no action at this time. FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees have been paid by the applicant. 2/23/99 Council Initiation of SW 135 Detour Easement Vacation Proceedings iAcurpin\julia\vacl35th.sum Julia PH 8-Feb-99 °aooBOWEN Bowen Financial Services Corp. �❑ REAL ESTATE ATTACHMENT 1 Bowen Development Company Bowen Property Management Co. O GROUP m Accredited Management Organization EliQ � _ U December 4, 1998 jj 1998 Gus Duenas CITY Or TIGARD City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Re: Summer Creek Apartments— 13456 SW Hawks Beard Road Dear Mr. Duenas: In accordance with your letter of October 27, 1998, concerning the "detour easement"identified therein, a copy of which accompanies this letter, on behalf of Summer Creek, LLC I hereby request that the City of Tigard vacate the detour easement. I enclose our check in the amount of$1530 to pay the required fee. All correspondence regarding this matter should be directed to my attention. Thank you again for your assistance. :la , avid R. 1 son General Counsel s 121 S.W. Morrison ■ Suite 1000 0 Portland, Oregon 97204 0 (503) 274-8400 voice ■ (503) 274-4685 fax is i ATTACHMENT 1J Continued October 27, 1998 CITY OF TIGARD OREGON To the parties on the attached list: 2 The City of Tigard is the beneficiary of that certain Street Dedication dated April 25, 1989, and recorded May 5, 1989, in the Washington County records at Recorder's Fee No. 89-20392 (the"Street Dedication"). Page 4 of Exhibit A to the Street Dedication describes a"detour easement"across a strip of land described therein which includes a portion of the land owned by Summer Creek, LLC and on which has been constructed the Summer Creek Apartments. We understand Summer Creek, LLC is in the process of obtaining a loan from the John Hancock Mutual Life Insurance Company and that the loan will be secured by the Summer Creek Apartments, a portion of which is affected by the detour easement. I am the City Engineer for the City of Tigard. I have reviewed the facts surrounding the described"detour easement"and I have concluded that the City has no continuing interest in the rights granted by that easement. The correct method by which the City can release its interest in that dedicated easement is through the vacation process, ORS 271.080- 271.230. The City Council is the decision-maker in that process. Upon receipt of a request to do so and the required fee, I will forward on to the City Council a recommendation that the public interest will not be prejudiced by the vacation and that the Council vacate the dedicated easement. If I receive such a request no later than December 31, 1998, during the period of time that the request is being processed and considered by the Council,the City agrees that(i) it will not seek to enforce or otherwise use the detour easement in any manner and (ii) it will not transfer or in any manner convey the detour easement to any other party. Sincerely, AGUSTIN P. DUENAS, P.E. City Engineer Attachment c: William A. Monahan, City Manager Liz Newton, Assistant to the City Manager James M. Coleman, City Attorney's Office 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772 IF- ATTACHMENT 2 CITY OF TIGARD,OREGON RESOLUTION NO. 99- A RESOLUTION INITIATING THE VACATION OF A 28,645 SQAURE FOOT DETOUR EASEMENT ALONG SW 135TH. WHEREAS, the approximately 28,645 square foot portion of easement had previously been dedicated to the public for the purpose of providing a detour during the construction of SW 135th; and WHEREAS, SW 135'1'has been improved and the detour easement may no longer be necessary; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate the approximately 28,645 square foot portion of detour easement along SW 135th Street, south of the Summer Creek Apartments; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested detour easement vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 28,645 square feet detour easement along SW 13th, south of the Summer Creek Apartments, as more particularly described in Exhibit "A" and Exhibit"B" and by reference,made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday,April 13, 1999, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public easement. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said public hearing, the first publication to be on March 25, 1999 and the final publication to be on April 1, 1999. The Recorder is fiu-ther directed to cause to have posted within five(5)days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated. PASSED: This day of , 1999. Mayor-City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO.99- iAcitywide\res\Vac135 .res Page 1 of 1 8-February-99 Julia PH EXHIBIT A�� DESCRIPTION FOR THE VACATION OF DETOUR EASEMENT A PORTION OF THE TRACT OF LAND IN THE EAST 1I2 OF SECTION 33 TOWNSHIP 1 SOUTH RANGE ONE WEST WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED RECORDS WHICH IS N 010 38' 40"E 233.21 FEET FROM THE SOUTHEAST CORNER OF SAID DEDICATION DEED; THENCE N 01' 38' 40"E,ALONG SAID EAST LINE, A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF PARCEL 1 PARTITION PLAT 1996-059 AND THE TRUE POINT OF BEGINNING; THENCE N 01' 38' 40"E, ALONG SAID EAST LINE, A DISTANCE OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR EASEMENT; THENCE S 380 21' 20"E A DISTANCE OF 155.57 FEET TO A POINT 100.00 FEET EASTERLY OF (WHEN MEASURED AT RIGHT ANGLES) SAID EAST LINE ; THENCE S 010 38' 40"W A DISTANCE OF 227.66 FEET; THENCE S 410 38' 40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF PARTITION PLAT 1996-059; THENCE N 60° 30' 26"W,ALONG SAID NORTH LINE, A DISTANCE OF 8.42 FEET THENCE N 58° 35' 39"W ALONG SAID NORTH LINE A DISTANCE OF 47.34 FEET; THENCE N 580 44' 38"W, ALONG SAID THE NORTH LINE, A DISTANCE OF 39.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING. 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Q' r ¢4,12.. 12.5e' - 42 1 01 .Of'o 13.Q] 13.00' ',,; ' Jw 1rwn 12in ,_ U_ 20 K2 4&- 12.oq� II R W N N ate, �' Q X .29' 36 Oi • WN 86.28'01• 4 w u 2•as'�~--� 45'31' 03/15/99 11:56 $503 684 7297 CITY OF TIGARD 0 001 ACTIVITY REPORT TRANSMISSION OK TX/RX NO. 3397 CONNECTION TEL 503 643 0977 CONNECTION ID START TIME 03/15 11:55 USAGE TIME 00'51 PAGES 1 RESULT OK 98 DYED 10:00 FAQ41. Post-it®Fax Note 7671 Date _1 _ Pages ' To Asir From Co./Dept. G--F,5 Phone# Phone# f C7 `j-111 X `� i .50' m 5.42 Fax rt f �l-Q��. �„ , Fax# - - N L'7 I) ! I 5 v g - !9, 5- a.W "' S.42 13.93 5.04' _ uur- 21, 12 AID m 12.0' 12-D, cry a `n it 12 46, 'PO zl 12.0- cn i� I1 � � �} {9.T1' __,�r,�- �r "'S � � F�T�IM/a�• 12,• I f N ,50• } s S4,12d +tis 7•q2 - nb f 19,9]' N F1 `V'" Q,1+2. 'P rr F ti 245 4.12 .9z. 2G _ s- ` - 26-46\- 2mr, 2G7 PW 20•0' cr = eLT� p , I I •.A.(�' I 111. 7.42' 11.54' �{ O STATUS FIS wm � w� F�TlRIIiT�_1W M. FT, 24.7' 2.0• �vq 12 Z x=12.0'�'a 13.00" ER Icry W a' - 2'{fir'"'-'- ��-_ 13 D"' 12.[y 4 h ra+S tWP �"� i �"� , 1• _~- h� �2 Q�1 1V 9$'01' 34.213' WN 88.29'01 , 38,oI 45.37' REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping Better Community DATE: March 4,1999 TO: John Roy,Property Manager/Operations Department FROM: City of Tigard Planning Division STAFF CONTACT. Julia Powell Nalduk,Associate Planner Phone:15031639-4111 Fax:(50316841291 BE: L� ➢ 135"AVENUE DETOUR EASEMENT VACATION Q The petitioner has requested vacation of an approximately 28,645 square foot portion of detour easement along SW 135th Avenue. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135th Avenue, south of the Summer Creek Apartments. DATE PETITION WAS FILED: DECEMBER 7, 1998. Attached is the Site Plan,Vicinity Map and Applicanfs statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (MARCN 18,1999). You may use the space provided below or attach a separate letter to return your comments. If Yon are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY. We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: � 3 Please provide the following information)Name of Person(s)Commenting: Phone Number(s): hr h �S c a c W 1 -ry- a e HAWK'S � BEARD � a cn � cl z uo c) r- AREA TO BE VACATED cc 0 c� � a REQUEST FOR COMMENTS CITY OF TIGARD RECEIVED PLANNING Community Development Shaping,4 Better Community DATE: March 4,1999 MAR 15 1999 TO: Lori Dorney,US West Communications CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: 10118 Powell N81duk,Associate Planner Phone:[50316394171 Fax:[50316841291 BE: ➢ 135'"AVENUE DETOUR EASEMENT VACATION Q The petitioner has requested vacation of an approximately 28,645 square foot portion of detour easement along SW 135"' Avenue. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135 ' Av%16-1-ue, th of the Surnmer r-reo,k Apar-,-:eats. DATE PETITION WAS FILED: DECEMBER 7, 1998. Attached is the Site Plan,Vicinity Map and AppllcauCs Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (MARCN 18,1999). You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (hease provide the following information)Name of Person(s)Commenting: Phone Number[s]: •� :, -_ ��.L; Mar-11-99 08: 03A TCI St -Helens 503 397 5686 P . 01 jcl FAX COVER SH'22T :�y TIME , DATE j-, ZZ- T G, Xil FROM: TCI OF TUALATIN VA L L E 14200 S .W , BRIGADCON CT . BEAVER-1 ON , OREGON 97005 PHONE - ( 5103 ) 605 -499.5 F ( 503 � GoS-- q866 NUMBER OF PAGES IN THIS T RAIN S,,A 15 S ION INCLUDING TS COVER, SHEET NO-7ES : .0 L -4 5,Yl C ',11°0:P 'X 1 42t �f T 6eaverton.QH 3'7"x(" (50)V115 1pt)r FAX�scl, c4t- Mar-1"1 -99 08: 04A TCI St - Helens 503 397 5686 P_ 02 REQUES'"HOR COMMENTSCCTV€ f TIOARD ,`sldit2>27I ;% i.mtiet('t}'#:°st}2 mil-V s _ March TO: Pat MCGVnj hJe 1 t1 of Oregon FROM, STAFF CONTACT: Julia Powelf d Phone:156316 9.4Tfl fax.t 4.7297 BE: 135n LAVENUE DETOUR EASEMENT VACATION lThe petitioner has requested vacation of an approximately 28,645 square toot portion of detour easement along SW 1 ' Avenue, The slope'e sement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No, 87-03, LOCATION: SW 1 "' Avenue, south of the Summer geek Apartments. DATE PETITION WAS FILED. DECEMBER 7, 1998. Attached is the Sfto Plan,Vicluilly Map and APORCaurs Statententfor your review. From information supplied by vadous depaAments and agencies and frorn other inform tixn available to our staff, a report and Fecornmendation will be prepared and a decision will be rendered on the proposal in the rear future if OU wish to cornment ori this ap [ic t , ' NE _' U _ t 1 _. _ ._ [—MARCH t, o ria} sP the space providedlow car attach a separate otter to return your comments. Ill'y9lit;lro#naolle t � ' t�_ ,� � t�R please phone the start contact noted above with your comments and contirro your corer gents in wrizing as soon as possible. IE you ha -- any questions, contact the Tigard Planning division, 13125 Hall Boulevard, Tigard, OR 97223, F�LEASECHL�H THE WING ITEMS THAT APPLY: �_ ____ w We have reviewed the proposal and have no objections to it. 'lease contaot . _ _-_ _ of our office, - - 'lease refer to the enclosed letter. Written comments provided below: r t rr,r:,zr-t Pft €•rrfr i, rm tr rr;'Name of Pelr ns)Commenting:' EQUEST FOR COMMENTS CITY OF TIGARD ¢<` ?r �' Community(Development G RECEIVED PLANNING� ShapingA Better Community DATE: Icy_March 4,1999 ______.__._.� MAR 10 1999 TO: Jolla Huffman,USA/SWM Program �t- F TIGARD _ FROM: CRY of Tigard Planning DIVISION STAFFWACT: 10118 Powell Ilaldok.ASSOCIBte Planner Phone:[50316394111 Fax:[5031684-1297 BE: ➢ 1351"AVENUE DETOUR EASEMENT VACATION Q The petitioner has requested vacation of an approximately 28,645 square foot portion of detour easement along SW 135th Avenue. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135th Von av, sCiu« a.rf the vu:Y:+ra= t Creek .pa.1m2i=.. DATE PETITION WAS FILED: DECEMBER 7, 1998. Attached is the Site Plan,vicinity Map and Applicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [MARCH 18,1999). You may use the space provided below or attach a separate letter to return your comments. N YOU are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Pof our office. Please contact _ Please refer to the enclosed letter. Written comments provided below: �lease praade the following information)Name of PerSORISJ Commenting:,-- 3 Phone Number[Sk `), - , <<�--) , REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA Better Community DATE: March 4,1999 TO: Brian Moore,PGE Service Design Consultant FROM: City of Tigard Planning DIVISION STAFF CONTACT: Julia Powell Haiduk Associate Planner Phone:15031639,4171 Fax:(50316847297 BE: ➢ 135T"AVENUE DETOUR EASEMENT VACATION Q The petitioner has requested vacation of an approximately 28,645 square foot portion of detour easement along SW 135th Avenue. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135th Avenue, south of the Summer Creek Apartments. DATE PETITION WAS FILED: DECEMBER 7, 1998. Attached is the Site Plan,yiCiNlty Map and AppllCaurS Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [MARCH 18, 1999). You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: '., We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Please provide the follfowing information)Name of PerSON[SI Commenting. Phone Number[Sh Sqo - 44v C.:, REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA Better Community DATE: March 4,1999 TO: David SCott,Building Official FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Naidot ASSOCIate Planner Phone:[50316394111 fax:(50316841291 BE: L.. ➢ 135m AVENUE DETOUR EASEMENT VACATION Q The petitioner has requested vacation of an approximately 28,645 square foot portion of detour easement along SW 135th Avenue. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135th Avenue, south of the Summer Creek Apartments. DATE PETITION WAS FILED: DECEMBER 7, 1998. Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IMARCH 18,1999). You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Pof our office. Please contact _ Please refer to the enclosed letter. Written comments provided below: (Aease provide the following information)Name of Person(s)Commenting: Phone Numhertsl: v �2 h C W a HAWK'S � BEARD � a n s CO z E- uo c� r- AREA TO BE VACATED � C r 0 c� c� REQUEST FOR COMMENTS CITY OF TIGARD RECEIVED PLANNImunity(Development ShapingA Better Community DATE: March 4,1999 MAR 0 5 1999 TO: Michael Miller,Operations Utility Manager CITY OF TIGARD FROM: Cita)of Tigard Planning Division STAFF CONTACT: Julia Powell NaiduK,Associate Planner Phone:[50316394111 Fax:[5031684-1291 BE: ➢ 135'a AVENUE DETOUR EASEMENT VACATION Q The petitioner has requested vacation of an approximately 28,645 square foot portion of detour easement along SW 135th Avenue. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135th Avenue, south of the Summer Creek Apartments. DATE PETITION WAS FILED: DECEMBER 7, 1998. Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (MARCH 18,1999). You may use the space provided below or attach a separate letter to return your comments. If you ere unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Aease provide the following information)Name of Person(s)Commenting: Nl k Phone Nnmber[Sl: 3g5— 4 ' REQUEST FOR COMMENTS CITY OF TIGARD RECEIVED PCAPi1+JtN4tiy Deveh)pment ShapingA Better Community DATE: March 4,1999 MAR 0 5 1999 TO: Jim Woff,Tigard Police Department Crime Prevention Officer CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: 10118 Powell N81duk,Associate Planner Phone:150316394111 Fax:150316841291 BE: ➢ 135TM AVENUE DETOUR EASEMENT VACATION Q The petitioner has requested vacation of an approximately 28,645 square foot portion of detour easement along SW 135th Avenue. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135th Avenue, south of the Summer Creek Apartments. DATE PETITION WAS FILED: DECEMBER 7, 1998. Attached is the Site Plan,Vlclnity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (MARCH 18,1999). You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PL E CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Prease provide the following information)Name of PerSonlSl Commenting: �M VO4 Phone Numberlsh zzo REQUEST FOR COMMENT&VED PLANNING CITY OF TIGARD Community(Development DATE: March 4,1999 MAR 0 5 19 9Syaping A Better Community TO: Brian Bauer,Development Review Engineer CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: 10118 Powell Hajduk,Associate Planner Phone:150316394M Fax:(5031684-1291 BE: );o- 135"AVENUE DETOUR EASEMENT VACATION Q The petitioner has requested vacation of an approximately 28,645 square foot portion of detour easement along SW 135th Avenue. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135th Avenue, south of the Summer Creek Apartments. DATE PETITION WAS FILED: DECEMBER 7, 1998. Attached is the Site Plan,Vicinity Map and Applicanrs Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (MARCH 18,1999). You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _L,,'�We have reviewed the proposal and have no objections to it. _ Pof our office. Please contact _ Please refer to the enclosed letter. Written comments provided below: (Please prmide the following information)Name of Person(s)Commenting: Phone Number(s): AFFIDAVIT OF MAILING CITY OFTIGARD Community Development Sr wping,4 Better Community STATE OT OREGON ) County of Washington )ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) ❑ NOTICE OF PENDING LAND USE APPLICATION FOR: AMENDED NOTICE (File No./Name Reference) u ❑ City of Tigard Planning Director ❑ NOTICE OF DECISION FOR: Ll AMENDED NOTICE (File No./Name Reference) ❑ City of Tigard Planning Director 0 NOTICE OF PUBLIC NEARING FOR: Et7 135T" AVENUE DETOUR EASEMENT VACATION / 4/13/99 ❑ AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission Q Tigard City Council ❑ NOTICE OF FINAL ORDER NO. FOR:L�, ❑ AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council NOTICE (Type/Kind of Notice) FOR: E-:7 (File No./Name Reference) (Date of Public Hearing,if applicable) A copy of the PUBLIC NEARING NOTICEMOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEIS] of which is attached, mark hibit "A was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Ell It" , on the 22n1 day pf Maph, 1999, and deposited in the United States Mail on the 220d day of March, 1999, p stag prepaid Yf /0�4 I repa tl N tice) Subscribed and sworn/affirmed fore me on the "day of r 9 OFFICIAL SEAL '_. E . DIANE M JELDERKS9MRY PUBLIC OF OREP IV NOTARY PUBLIC-OREGON COMMISSION NO.046142 My Commission Expires: wMISSION EXPIRES SEPTEMBER 07,1999 t �Z M C A C w a HAWK'S BEARD M cn a n cn z z LO COW) r- AREA TO BE VACATED � C T 0 ch � a AHIBIT A CITY OF TIGARD Community 1Devefopment ShapingA Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, APRIL 13, 1999, AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: 135"AVENUE DETOUR EASEMENT VACATION APPLICANT: David Gibson Bowen Real Estate Group 121 SW Morrison, Suite 1000 Portland, OR 97204 REQUEST: The Tigard City Council initiated vacation proceedings at the request of the applicant on February 23, 1999 for the vacation of an approximately 28,645 square foot portion of a detour easement along SW 135th Avenue, south of the Summer Creek Apartments. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135th Avenue, south of the Summer Creek Apartments. DATE VACATION REQUEST WAS FILED: DECEMBER 4, 1998. THE REQUEST OUTLINED ABOVE WAS INITIATED BY THE COUNCIL ON FEBRUARY 23, 1999 BY SETTING A FORMAL PUBLIC HEARING DATE OF APRIL 13, 1999. ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF- WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY APRIL 13, 1999, BY 7:30 P.M. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR JULIA POWELL HAJDUK, ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. (VICINITY MAP IS ON THE OTHER SIDE OF THIS NOTICE) 135 1AVENUE DETOUR EASEMENT VACATION 4/13/99 CITY COUNCIL PUBLIC HEARING 1S133AC-08000 1513 -00100 GRABHORN BURTON E SHRADE G TRUSTEE 11493 SE 82ND 310 AVE NE# PORTLAND,OR 97266 SSAQUAH,WA 98027 1S133CA-00200 1S133CA-00300 SHRADER DALE G TRUSTEE COE GARY R 310 3RD AVE NE#122 6255 SW SHERIDAN ST ISSAQUAH,WA 98027 PORTLAND,OR 97225 133CA-0<93 1S133CA-00500 TIGA INELSO R ATSY A 1312 11295 35 E ARD,ORD,OR 97223 1S133CA-00700 >131W -001 NELSON GARY R&PATSY A Y OF 11295 SW 135TH TIGARD,OR 97223 ,OR 9722 1S133DB-02100 1S133DB-02200 RUSSELL JOHN COON WILLIAM L III & 11595 SW 134TH PL 11593 SW 134TH TIGARD,OR 97223 TIGARD,OR 97223 1S133DB-07400 1S133DB-07500 SUMMER CREEK LLC SCHOLLS FERRY ROAD LLC 121 SW MORRISON STE 1000 121 SW MORRISON ST#1000 PORTLAND,OR 97204 PORTLAND,OR 97204 1S133DB-07600 1S133DB-07700 CARTER PHYLLIS J EMERY AMY B 13493 SW SUMMERWOOD DR 13491 SW SUMMERWOOD DR TIGARD,OR 97223 TIGARD,OR 97223 1 S133DB-07800 1 S133DB-07900 CLACK MICHAEL G& BERNARD GLORIA H 13489 SW SUMMERWOOD DR 13487 SW SUMMERWOOD DR TIGARD,OR 97223 TIGARD,OR 97223 1S133DB-08000 1S133DB-08100 PARKS ROBIN M BOLTON THOMAS J&WINIFRED B TR 13485 SW SUMMERWOOD DR 13475 SW SUMMERWOOD DR TIGARD,OR 97223 TIGARD,OR 97223 1S133DB-08200 IIS133DB-08300 ALLRED JAMES T SR&DARLENE J MOORE DAVID R&KELLY K 13473 SW SUMMERWOOD DR 13471 SW SUMMERWOOD DR TIGARD,OR 97223 TIGARD,OR 97223 �9 1S133DB-11400 1 3DB-11500 O'TOOLE JANICE A SCHO F ROAD LLC 11360 SW SYCAMORE PL 121 S ISON ST#1000 TIGARD,OR 97223 TLAND,OR 04 1S133DB-11600 1S133DB-11700 LAMB PHILIP E&EVELYN C BADRI CYRUS M& 11362 SW SYCAMORE PL 11369 SW SYCAMORE PL TIGARD,OR 97223 TIGARD,OR 97223 1S133DB-11800 1S133DB-11900 GAL ESTHER TODD PHILIP A& 11371 SW SYCAMORE PL 11374 SW PALM PL TIGARD,OR 97223 TIGARD,OR 97223 1S133DB-12000 1S133DB-12100 HAGEL MARK E MOAR KIMBERLY LOUISE 11376 SW PALM PL 11378 SW PALM PL TIGARD,OR 97223 TIGARD,OR 97223 1 S133DB-12200 1 S133DB-12300 COHANCIUC ZITA Z FORD BYRON E& 15234 SW TEAL BLVD#B 11381 SW PALM PL TIGARD,OR 97223 TIGARD,OR 97223 1S133DB-12400 1S133DB-12500 JONES MARIANNE E HERNANDEZ KENNETH&CARRIE 5419 SW VIEW POINT TERRACE 11385 SW PALM PL PORTLAND,OR 97201 TIGARD,OR 97223 1 DB-12600 DAVID GIBBON JONES M EE BOWEN REAL ESTATE GROUP 5419 IEW PO ERRACE 121 SW MORRISON, SUITE 1000 TLAND,OR 97201 PORTLAND OR 97204 1 S 133DB-12800 SCHOLLS FERRY ROAD TOWNHOMES 111 SW FIFTH AVE PORTLAND,OR 97204 00 C A C LU > - Q HAWK'S BEARD M (L n c r- _ CW) z Ln m AREA TO BE VACATED I Fe r 0 cc � Q o ��---- -�--�- -. 3 c ccu o � CD CD 3 Q o CD I yay� r � 13 E _ _ 1,3,6TH - o i� 13 RDcn AVE O 2i31NIM 0o _ D T— — 1 �— _--- ___ --- 130TH H _ T w p IaVNT3o II A; a II n n 1> ° II � . a CD II �� II Z REQUEST FOR COMMENTS CITY OF TIGARD Community Dev&pment DATE: March 4.1999 ShapingA Better Community TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT. 10118 Powell N81duK,Associate Planner RE: Phone:15031639-4171 Fax:[50316847297 L� ➢ 135"AVENUE DETOUR EASEMENT VACATION Q The petitioner has requested vacation of an approximately 28,645 square foot portion of detour easement along SW 135t" Avenue. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135th Avenue, south of the Summer Creek Apartments. DATE PETITION WAS FILED: DECEMBER 7, 1998. Attached is the Site Plan,Vicinity Map and APPI!Canrs Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IMARCN 18,1999). You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Pkase provide the following information)Name of Person(s)Commenting: Phone Number[sl: REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE&COMMUNITY DEVELOPMENT APPLICATIONS CITAree:(C)(0(S)IINI CITIZEN INVOLVEMENT TEAMS La Rate for review in ubm eff B08k[81 FILE NO[SI.: FILE NAMEISI: I3,51-4 Ajc, per„ CITY OFFICES _ADVANCED PLANNING/Nadine Smith,Planning Supervisor —COMMUNITY DVLPMNT.DEPT./Dvlpmnt.Svcs.Technician ,eBUILDING DIV./David Scott,Buildi official 1/�OLIER DEPT./Jim Wolf,Cime ProveManfice, ng �iENGINEERING DEPT./Brian Rager,Dv pmn[.Review Engineer —WATER DEPT./Michael Miller,Utilities Manager —CITY ADMINISTRATION/Cathy Wheatley,city Reoome, LL—✓✓OPERATIONS DEPT./John Roy,Property Manager —OTHER SPECIAL DISTRICTS —TUAL.HILLS PARK&REC.DIST.*-4^ALATIN VALLEY FIRE&RESCUE* —TUALATIN VALLEY WATER DISTRICT fiONIFIED SWRGE.AGENCY Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Street Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS _CITY OF BEAVERTON _CITY OF TUALATIN _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS —Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE —Mike Matteucci,Neighb hd.word. PO Box 369 PO Box 59 Salem,OR 97310-1337 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 OR.PUB.UTILITIES COMM. _METRO-LAND USE&PLANNING O _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street,NE _CITY OF DURHAM O 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 Durham,OR 97281-3483 Paulette Allen,Growth Management coordinator —US ARMY CORPS.OF ENG. _OR.DEPT.OF LAND CONSERV.&DVLP. 333 SW First Avenue —Mel Huie,Greenspaces Coordinator(CPA's20A's) 635 Capitol Street NE,Suite 200 PO Box 2946 City Manager ager —METRO AREA BOUNDARY COMMISSION _CITY KING CITY Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue 800 NE Oregon Street —OREGON DEPT.OF TRANS.(ODOT) _WASHINGTON COUNTY King City,OR 97224 Building#16,Suite 540 Aeronautics Division Dept.of Land Use&Trans. Portland,OR 97232-2109 Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO+It 3040 25th Street,SE Suite 350,MS 13 Planning Director —OR.DEPT.OF ENERGY Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Bonneville Power Administration (CPA's) (cP _Brent Curtis Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera _ODOT,REGION 1 —Scott Kings(CP) PO Box 3621 Sonya Kazen,Dvipmt.Rev.word. CITY OF PORTLAND _Mike Borreson(Engineer) David Knowles,Planning Bureau Dir. — Portland,OR 97208-3621 123 NW Flanders _Jim Tice(IGA's) Portland,OR 97209-4037 —Tom Harry(current Pl.Apps.) Portland Building 106,Rm.1002 _OREGON,DEPT.OF ENVIRON.QUALITY 1120 SW Fifth Avenue 811 SW Sixth Avenue —Phil Healy(Cher(Pl.AppsM Portland,OR 97204 Portland,OR 97204 — ane E REGION 1-DISTRICT 2A —Sr.Cartographer tcPnrzcAl MS 14 Jane Estes,Permit specialist ODOT,REGION 1 5440 SW Westgate Drive,Suite 350 Right-of-Way Section(Vacations) Portland,OR 97221-2414 123 NW Flanders Portland,OR 97209-4037 UTILITY PROVIDERS AND SPECIAL AGENCIES —PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W.10th Avenue Albany,OR 97321 —SOUTHERN PACIFIC TRANS.CO.R/R —METRO AREA COMMUNICATIONS CABLEVISION OF OREGON _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Pat McGann Michael Kiser,Project Planner 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court 710 NE Holladay Street Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 Portland,OR 97232 Beaverton,OR 97006-4886 c-16RTLAND GENERAL ELECTRIC LNW NATURAL GAS COMPANY i_ ENERAL TELEPHONE +SUS WEST COMMUNICATIONS Brian Moore,Svc.Design Consultant Scott Palmer Elaine Self,Engineering Lori Dorney,Engineering Dept.. 9480 SW Boeckman Road 220 NW Second Avenue MC: OR030546 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Tigard,OR 97281-3416 Portland,OR 97219 —TIGARD/TUALATIN SCHOOL DIST.#23J—BEAVERTON SCHOOL DIST.#48 Marsha Butler,Administrative Offices Joy-Gay Pahl,Demographs&Planning Dept. 13137 SW Pacific Highway 16550 SW Merlo Road Tigard,OR 97223 Beaverton,OR 97006 - INOICAM Arrf 9MAIr®e Ngr#r#CI►fi®OM rF WOTHAM rs0.OF fog SV&iECT P&OPE&ffY FO&AM r/AU CI fr PCO PtCrS (PROACCf PLAMMNA OS RLiPOMF/SLL FOR SAD8CAL/Mf.~111895 i0 NOTIFY/ hApatty\masters\rfcr ice.mst 19-Nov-98 jo CITY OF TIGARD Community Development Shaping Better Community r w L ,s s FILE TITLE: 135T"AVENUE DETOUR EASEMENT VACATION APPLICANT: David Gibson Bowen Real Estate Group 121 SW Morrison, Suite 1000 Portland, OR 97204 (503) 274-8400 REQUEST: The petitioner has requested that the City Council initiate vacation proceedings involving an approximately 28,645 square foot portion of detour easement along SW 135th Avenue. The slope easement and a portion of the detour easement were vacated previously for the property to the south by Ordinance No. 87-03. LOCATION: SW 135th Avenue, south of the Summer Creek Apartments. DATE REQUEST WAS FILED: DECEMBER 4, 1998. CIT: CIT FACILITATOR: List Available Upon Request ------------------------------------------------- ----------------------------- DECISION MAKING BODY DATE COMMENTS DUE: STAFF DECISION DATE OF DECISION: PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 X CITY COUNCIL DATE OF HEARING: APRIL 13, 1999 TIME: 7:30 ________________________ PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN X NARRATIVE X SITE PLAN ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY ARBORIST REPORT OTHER STAFF CONTACT: Julia Powell Hajduk Associate Planner (503) 639-4171 x407 STREET AND EASEMENT VACATION SCHEDULE PROJECT: ��S�h Sf/ec � r.,f (~< ✓`1 �;� i .r n t SCHEDULE OF ACTIVITIES 'Y' Council packet due t Council packet due i Initiation - Counci: ` Request for comment: / r , /Z , n f�ti �cn Notification to off Ad to newspaper / 1st publication 1A30 Post notice on site (5 days after 1st publication) r-Al 2nd publication 1 wr`' a Request for comments due _ F Packet report due to Dick i L+d A)5 'Te.$a Packet due to Ed / Pat Public Hearing City Council Post Ordinance -(Kathy) Send Ordinance for recording WCF IVA Of' PrKWAK owl W 0, 0 33 4,; q5=55CO3 T j ow r IV 1 H, Sul 1 E WSWND, OP YmO4- WID 1170115115E, X l'y psi 1"i" BFARD RD& DAVID GIBBON TOTAL AMOUNT PAvo 00o BOWEN Bowen Financial Services Corp. ❑�❑ REAL ESTATE Bowen Development Company ❑ ❑ GROUP Bowen property Management Co. Accredited Management Organization® F ~A December 4, 1998 > ,, 5 Gus Duenas City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Re: Summer Creek Apartments— 13456 SW Hawks Beard Road Dear Mr. Duenas: In accordance with your letter of October 27, 1998, concerning the "detour easement" identified therein, a copy of which accompanies this letter, on behalf of Summer Creek, LLC I hereby request that the City of Tigard vacate the detour easement. I enclose our check in the amount of$1530 to pay the required fee. All correspondence regarding this matter should be directed to my attention. Thank you again for your assistance. is , avid R. son General Counsel 121 S.W. Morrison 0 Suite 1000 0 Portland, Oregon 97204 0 (503)274-8400 voice 0 (503) 274-4685 fax October 27, 1998 CITY OF TIGARD OREGON To the parties on the attached list: The City of Tigard is the beneficiary of that certain Street Dedication dated April 25, 1989, and recorded May 5, 1989, in the Washington County records at Recorder's Fee No. 89-20392 (the"Street Dedication"). Page 4 of Exhibit A to the Street Dedication describes a"detour easement" across a strip of land described therein which includes a portion of the land owned by Summer Creek, LLC and on which has been constructed the Summer Creek Apartments. We understand Summer Creek, LLC is in the process of obtaining a loan from the John Hancock Mutual Life Insurance Company and that the loan will be secured by the Summer Creek Apartments, a portion of which is affected by the detour easement. I am the City Engineer for the City of Tigard. I have reviewed the facts surrounding the described "detour easement" and I have concluded that the City has no continuing interest in the rights granted by that easement. The correct method by which the City can release its interest in that dedicated easement is through the vacation process, ORS 271.080- 271.230. The City Council is the decision-maker in that process. Upon receipt of a request to do so and the required fee, I will forward on to the City Council a recommendation that the public interest will not be prejudiced by the vacation and that the Council vacate the dedicated easement. If I receive such a request no later than December 31, 1998, during the period of time that the request is being processed and considered by the Council,the City agrees that (i) it will not seek to enforce or otherwise use the detour easement in any manner and (ii) it will not transfer or in any manner convey the detour easement to any other party. Sincerely, AGUSTIN P. DUENAS, P.E. City Engineer Attachment c: William A. Monahan, City Manager Liz Newton, Assistant to the City Manager James M. Coleman, City Attorney's Office 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503) 684-2772 DESCRIPTION FOR THE VACATION OF DETOUR EASEMENT A PORTION OF THE TRACT OF LAND IN THE EAST 1/2 OF SECTION 33 TOWNSHIP 1 SOUTH RANGE ONE WEST WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED RECORDS WHICH IS N 01° 38' 40" E 233.21 FEET FROM THE SOUTHEAST CORNER OF SAID DEDICATION DEED; THENCE N 01' 38' 40"E , ALONG SAID EAST LINE, A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF PARCEL 1 PARTITION PLAT 1996-059 AND THE TRUE POINT OF BEGINNING; THENCE N 01° 38' 40"E, ALONG SAID EAST LINE, A DISTANCE OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR EASEMENT; THENCE S 38' 21' 20"E A DISTANCE OF 155.57 FEET TO A POINT 100.00 FEET EASTERLY OF (WHEN MEASURED AT RIGHT ANGLES) SAID EAST LINE ; THENCE S 01° 38' 40"W A DISTANCE OF 227.66 FEET; THENCE S 410 38' 40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF PARTITION PLAT 1996-059; THENCE N 60' 30' 26"W, ALONG SAID NORTH LINE, A DISTANCE OF 8.42 FEET THENCE N 580 35' 39" W ALONG SAID NORTH LINE A DISTANCE OF 47.34 FEET; THENCE N 58' 44' 38"W, ALONG SAID THE NORTH LINE, A DISTANCE OF 39.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING. CONTAINING 28645 SQUARE FEET. S c A �G�o c W 9 Q HAWK'S � BEARD N a n N _Ln � Z H c7 r AREA TO BE VACATED F cr CC 0 M c� Q CITY OF TIGARD Engineering Department Shaping A Better Community MEMORANDUM CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Phone 503-639-4171 Fax: 503-684-7297 TO: Dick Bewersdorff Planning Manager FROM: Gus Duenas City Engineer DATE: December 7, 1998 SUBJECT: Street Vacation Request Forwarded for your action is the request from Bowen Real Estate Group for vacation of a"detour easement"which exists across a strip of land owned by Summer Creek, LLC. The easement was needed presumably during the construction of 135th Avenue, and is no longer needed by the City. The easement as it now exists runs through an apartment complex built on the property. I am forwarding all correspondence pertinent to this request for your information and use. If you have any questions, please call me. c: Jim Hendryx i'f{ �i \tib October 27, 1998 CITY OF TIGARD OREGON To the parties on the attached list: The City of Tigard is the beneficiary of that certain Street Dedication dated April 25, 1989, and recorded May 5, 1989, in the Washington County records at Recorder's Fee No. 89-20392 (the "Street Dedication"). Page 4 of Exhibit A to the Street Dedication describes a"detour easement" across a strip of land described therein which includes a portion of the land owned by Summer Creek, LLC and on which has been constructed the Summer Creek Apartments. We understand Summer Creek, LLC is in the process of obtaining a loan from the John Hancock Mutual Life Insurance Company and that the loan will be secured by the Summer Creek Apartments, a portion of which is affected by the detour easement. I am the City Engineer for the City of Tigard. I have reviewed the facts surrounding the described"detour easement" and I have concluded that the City has no continuing interest in the rights granted by that easement. The correct method by which the City can release its interest in that dedicated easement is through the vacation process, ORS 271.080- 271.230. The City Council is the decision-maker in that process. Upon receipt of a request to do so and the required fee, I will forward on to the City Council a recommendation that the public interest will not be prejudiced by the vacation and that the Council vacate the dedicated easement. If I receive such a request no later than December 31, 1998, during the period of time that the request is being processed and considered by the Council,the City agrees that (i) it will not seek to enforce or otherwise use the detour easement in any manner and (ii) it will not transfer or in any manner convey the detour easement to any other party. Sincerely, - AGUSTIN P. DUENAS, P.E. City Engineer Attachment c: William A. Monahan, City Manager Liz Newton, Assistant to the City Manager James M. Coleman, City Attorney's Office 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 Attachment to Letter Regarding Vacation of Detour Easement Reference: Summer Creek Apartments adjacent to 135`h Avenue Summer Creek, LLC 121 SW Morrison Street, Suite 1000 Portland, OR 97204 John Hancock Mutual Life Assurance Company John Hancock Place P.O. Box 111 Boston, MA 02117 Transnation Title Insurance Company 2200 US Bancorp Tower 111 SW Fifth Avenue Portland, Oregon 97204 W.B. Wells and Associates, Inc. 4230 NB Fremont Street Portland, OR 97213 Bonaparte, Elliot, Ostrander&Preston, PC 621 SW Morrison Street, Suite 400 Portland, Oregon 97205 Preston Gates &Ellis LLP 701 Fifth Ave., Suite 5000 Seattle, WA 98104-7078 FAX TRANSMITTAL Date October 26, 1998 Number of pages including cover sheet 3 To: David R. Gibson From: Agustin P. Duenas, P.E. Co: Bowen Real Estate Group Co: City of Tigard Fax #: (503) 274-4685 Fax #: (503) 684-7297 Ph #: 639-4171, Ext. 378 SUBJECT: Letter Regarding Vacation of Detour Easement MESSAGE: Attached is the letter you requested. Please make the distribution to the concerned parties. I will mail you the original. As I mentioned in our conversation, the vacation process requires an official request and payment of a deposit in the amount of $1,530. Please send me an official letter requesting vacation of the detour easement as described in the dedication documents. I need the exact legal description of the property to be vacated together with the letter. The fee must be paid before it goes to City Council for the initiation of the vacation process. The process takes two months at best, or longer depending upon City Council's scheduled meetings. I:\ENG\FAX.DOT OCT 26 '98 10:41RM O'DONNELL, RRMIS P,1 i I O'DONNELL RAMIE CREW CORRIGAN FACSIMILE TRANSMISSION COVERSHEET BACHRACH LLP THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL ATTORNEYS AT LAW INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED BELOW. IF THE READER OF THIS MESSAGE I9 NOT THE INTENDED RECIPIENT, OR THE 1727 N.W. Hoyt Street EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE Portland,Oregon 97209 HEREBY NO'T'IFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBrfED, IF YOU HAVE RECEIVED THIS COMMUNICATION (5M)222.4402 IN ERROR,PLEASE IMMEDIATELY NOTIFY U5 BY TELEPHONE AND RETURN THE ORIGINAL Pax; (503)243-2944 MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. THANK YOU. i t DATE: October 26, 1998 CLIENT NO.: 90024-14 TO: Gus Duenas r FAX NO.: 684-7297 TELEPHONE NUMBER,: 63 9-4171 FROM: James M. Coleman DESCRIPTION OF DOCUMENT TRANSMITTED: Pursuant to our phone conversation this morning,hen's my draft rewrite! of the second paragraph of the draft letter from David Gibson. i "I am the City Engineer for the City of Tigard, I have reviewed the facts surrounding the described "detour easement" and I have concluded that the Ciry has no continuing interest in the rights granted by that easement. The correct method by which the City can release its'interest in that dedicated easement is through the vacation process,ORS 271.080-271.230. The City Council is the decision maker in that process, I Upon receipt of a request to do so and the required fee I will forward on to the City Council a recommendation that the public interest will not be prejudiced by the vacation and that the Courlcil vacate the dedicated easement. I agree that if I receive such a request no later than December 31, 1998,that during tho period of time that the request is being processed and considered by the Council that, (i)I will not seek to cnforce or otherwise list the detour easement in any manner, and(ii)I will not transfer or in any manlier convey the detour easement to any other party." PAGE(S)TO FOLLOW, EXCLUDING COVER SHEET, IF YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL THE UNDERSIGNED AT (503)222-4402 I1vIlvIEDIATELY. THANK YOU. SIGNED: [ J AN ORIGINAL IS BEING MAILED [ ] AN ORIGINAL IS AVAILABLE UPON REQUEST i i FAX TRANSMITTAL A i 4ia Date October 23, 1998 Number of pages including cover sheet 8 To: Jim Coleman From: Gus Duenas Co: Co: City of Tigard Fax #: (503) 243-2944 Fax #: (503) 639-4171 Ph #: 639-4171, Ext. 378 SUBJECT: Detour Easement through Summer Creek Apartments MESSAGE: Please review the documents. I'll give you a call later today. The detour was apparently necessary when 135th was being reconstructed and widened almost a decade ago. We do not need it now. There should have been language stating that the easement can be deleted upon completion of whatever action made it necessary. However, there is no mention of that in the document. Thanks. Gus 11ENGNFAXDOT 10/21/98 WED 09:59 FAX 2002 OWNBowen Financial Services Corp, Bowen Development Company Eo"" REAL ESTATE Bowen Property Mat Co, :1107 kerraitind MaWemeaf ftana i�dan* FIEM GROUP October 21, 1998 Gus Duenas City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Re. Summer Creek Apartments— 13456 SW Hawks Beard Road Dear Mr, Duenas: This letter and the accompanying material are further to our telephone conversation of this morning. Briefly,our issue is with the Detour Easement that is found on page 4 of the accompanying Street Dedication made in 1989. As you will note,the Detour Easement was not made temporary or limited in any manner. As you will also note from the accompanying portion of our survey, one of the buildings encroaches upon the easement. This apartment project was built as approved by the City of Tigard. I assume that this Detour Easement was overlooked because it is no longer necessary. We are currently trying to close our financing for the project(our commitment expires October 30) and expect that this encroachment will be an issue. Please inform me regarding what we can do to reconvey the Detour Easement. I thank you in advance for your assistance in resolving this matter. lye Davi Gi rsonZ�� General Counsel 121 S.W. Morrison 6 Suite 1000 0 Portland,Oregon 97204 0 (503)274-8400 voice N (503)274-4685 fax 10/2.1198 WED 10:00 FAX 003 �. U e m' { f .50' m 5 X42 Q e POOL 0 - o- 19. 5,5.00 m e,m` I J N - TRA�x d!Q � e lIG,�IwB • J 2 50 N 1 8 13,83p IF �1 J N 5,420 I uI 2 v N Ril m� 5.00' _ u, 12.48 a A1^0® ti 21. 12' " 12 0. t2,0' c„ �„ �„ 12,46, ar -2.50' N g� rhl6 D o 12 u� rb ca, r4)Trp AL M $ 4 '2 4 �,42' 1 A7:s I i s 2.50' g ZG ,12' 7,4 I _N 19,50' 11; mi 4.12 z' '� tv CA6�E F c 24.50` c'un 26 - Im, „ 24,%, ro 2r 1 _ - r'. 26. 24.96� � 26.46' I 2G m 2G r= ` ^ 2GEm } m LTV RISER I 2010, Z.A.12' - r N a' 11,54' 8 Q' c ` =m 0' BUILDING C o STATUS to 24.7' c 2,0' 4.f FWTP'RIKT=4,Sc C.1FTEW h 7,42' 412,54' N3.00' 3,00 13,00' 1n2. I OL I 1 ' ,.K- - �, 2-46--r�. __ "f 3.0`r 12,04 0_ n FLOW ZONE C � uN 86.0 t '� � >1 12.48 � WN 88°28'01' N µ i�► _ 34.29 38.(?i tS 1R 145.37' N aQ Nd�� 82' 9, _ 1 N I9. 43 89 H )s° y \FLOOD ZONE A I I r 1 4 t' I/ 41, FELL F FD I \ I .--I--- FALLS 0.06' E TITLE REPRtT EXVTION ID, 10 51� �38 25° w I 20' SLI'E EASDEKTi 2•57 LIMITS OF 1(Q-YEAR FLOM ZME REO'ii[M May i, 1989 1 AS SHDI K ON TK *MVED CMSTRWTI(M A9 pECUROERs FEE ND. 9 20392 I PLAITS OF SUWIER [REEK APARTtERTS TITLE WWI MPTION N0. 10 IOD' DETOUR EASWNT RECORD MAY 5, 198.4 AS RECOi M FEE W. 89-20392 STATUS UVOCO 9&,c NOTES: Cheek- 57ctrile,y 10/2,1/98 WEA 10:00 FAX 2004Va en 89- 24392 R" ,ram air STREET DEDICATION i •l' XNOW ALL MEN BY 'THESE PRESEM, that BURTDK E. GPABHQRN floes hereby dedicate to the Public a perpetual right-of-way fox street, road and utility purposes on, over, across, under, along and within the real property described on the attached Exhibit A. i R -To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantor hereby covenants that he is the winer of the property in fee simple, he has good and legal, right to grant the rights' above-described, and he will pay all taxes and ass"am"ts now due and owing on the property. The amount paid Ear this dedication is $0 but the true cash r , ~ value of the property conveyed is S72,900..00. IN WITNESS WHEMP, the undersigned gran as caused this 'Street Dedication Instrument to be executed this day of April, 1989. ' Grraon STATE OF OREGON } es. r. cognty of Multnomah } The foregoing instrument wasacknowledged before me this ,as . clay oP April, 3989, by 8uon E. crabhornA xotaryblcon r A "' My commission expires. � Approved this day of ZL, 1989. DEPART tHT OF/COMUNITY DEVELOPMENT 1 By; ._ c i O/e. r+y r Title: ,, T�p,�ydd77L '+S g 4r ^r� ■edlgeY�str..u.d.a „ �; •;A r �'•' •b;",11 ;ar: *r«1',;19='.L''i%.,' •ts.:•,,. ��:i`f. M1Rirj •Y* 1. .,yt •i.{ .. .(. �„ ,,Y.,,hr `.L.�i. ,4:...' t.ii'i.-.�T• f.� 1� .l'y'.' I 'N`:,.% ,,f+ , r t(��.T I .i.,.{*^�yV'•'',:: �,•' - •, ,'�, r. _s fir. a+ ;,ic,.�'"c � i J ra 7'Ct��'"'LTSrL'PRi�'^?. �w.�rwia"-ter+_•+ .. "�' ., ... -..�ss�.._.._....�.9L.,=• -�.�.Wig':-"�rir.�,��1 lo/Z1/98 WED 10:01 FAX 0005 LPJ ,r t G1TY OF TIGARD S.W.13014 STMT 1tlGHr-4F•'a'AY ACQUI5ITIOr LANDS OF BURTON F_GRABHOILM A PORTION OF A FARCEL OR LAND IN THE EAST 1/2 OF SECTION 33,TOWNSHIP I SOUTH, RANGE 1 WEST, WILLAMIETTF MERIDIAN, Dt3EDE0 TO BURTON E. GRASHORN, BY THAT DF.FO Pi:Cmwo IN DOr-UMENNT NO.86045$62.,WASKINCrON COUNTY,OREGON, bF,.I:D MCOROS'SAID PORTION BEING MORE PARTICULARLY ' ' bLScj=D AS FOLLOWS: BEGINNING AT A POINT THAT IS THE SOUTHEAST INTERSECTION OF RIGHT-0OF- WAYS OF=ROLLS FERRY ROAD MR.NO. 341),•AND S.W. I3STtt AVENUE, (C-R- No. 934), SAID POINT' BEING 20:00 FEE! EASTERLY OF, wtiEN,mEASURED AT A RIGHT ANGLE TO, THE CENTERLME OF SAID 135tH AVENUE, AND 3440 FEET.. SOUTHEASTERLT OF, WHEN MEASURED AT A RIGHT ANGLt TO,THE CE14TERLINE t�F SAID SCROLLS FERRY ROAD; C' THENCE, PARALUM WITH AND 30.QQ FEET DISTANT FROM .SAID SCROLLS .�. } MRRY CENTERLINF_, N 67*47"34"E, 10,49 FEET TO AN ANCM POINT; THENCE, PARALLEL WITH AND 3o FEET DISTANT FROM SAID SCH0134 FtRR7 ' CENTE1i1,A+tE,N T[�32�3a"E,108.30,FEt:Tq , THENCE,5 10 2T 22"R,23.00 FEET; t'~ THENCE,S 7I*32'38"w,$SDR Fur TO A POINT OF CURVATURE; f THENCE,SOUTHWESTERLY ALONG THE ARC OF A 30.00 POESY RADIUS CIJRYE, COW-AVE TO THZ SOUTHEAST, (CENTRAL ANCL€: ?E°43;30"; 'LONG CHORD.- 33".!F,3846 FEET)A DISTANCE OF 41.23 FEFT`TO A POINT OF TANGENCY; THENCE,S 470 IP 12"E,?3.29 FEET TO A POttir OF CLIRYATURE; VVHt� CCa Lin a1 EXHIBIT A , page 1 of �- i 31*i�01+a0-11 - r '- o.tashs mp to jlu :t; ,•!'.rlt ii e•'ti., 'i C��'e�. ...t:'. , — ti• +. ,`,i 10/21/98 WED 10:02 FAX 0006 AA 0�/27�88 06;25, oa_903 684 7297 CI II Ur Ilumu --- I%txttd Y�tNjt THENCE,ALONG THE ARC OF A 630.00 FOOT RAO(US CURVE,-CONCAVE TO THE WEST4 (CENTRAL ANGLE: 25° Zr 04•,LONG CHORD:S 03°30 40"wt,271J3 FEET}, A DISTANCE OF 279.93 FEET,TO A POINT OF REVERSE CURVATURE.- THENCE,ALONG THE ARC GFA 510,00 FOOT RADIUS CURVE,CONCAVE TO THI: EAST (CENTRAL ANGLEe It*,33' 30", LONG CHORD S 090 N 26" W 164.4E PUT). A DISTANCE OF 163.06 FELT, TO A POINT WHICH 15 30.00 FEET EASTERLY OF, VHEN MEASURED AT A RIGHT ANGLE, TO THE CENTERLINE OF SAID 135TH hVENUE. WHICH POINT ALSO BEARS S 04°09'33"E,133.66 FEET FROM THE CENTER OF SAKI, SECTION 331 THENCE, PARALLEL WITH THE CENTERLINE OF SAID 135TH AVENUE,S 01*3E'60*W,837.89 PUT,TO A POINT ON THE SOUTH LINE OF SAID PARCEL; THEME,ALONG SAID SOUTH LIKE, M E5°33'50" W, 10JI FEET,TO A POINT i hf WHICH LS 20,00 FEET EASTERLY OF WHEN MEASURED AT A RICHT ANGLE TO,TnE CENTEPJJNE OF SAID 1-101i AVENUE; .: THENCE,PARALLEL W1'Ti'i SAID CEN'TI:Rf INE,N 01°3E" 40"*E, 13$391 FEET TO THE POINT OF BECINNING. ` CONTAINING 0-W ACRES (31,306 SQUARE,FEET). I TOGETHER 'VATH A$TRW OP LAMA FOR SLOPE EA5EMENT PURPOSES, LYING EASTERLY OF AND ABUTTING THE EAST LINE OF TA,ABOVE IZSCRIBED PORTION OF A PARCEL, THF.SOUTH 710.x0 FEET BEING 2040 FOCiT IN t1I0TH IN EAST mEST iL " DIRECTION. THE REMAINING 714J5I=EET BEING 3M FOOT IN MDjIj IN EAST-VW DIRECTION, ' CON,'TAIM"G 0.40E ACAP-5(37,757 SQUARE FEET). r aj ]LID#I EXHIBIT A , page of 4 F- oti12EtEa ,� .- I�. ~a�"r:••....7Fh5+`r.'Lit:�i,'�r'• ,'tw ...:Xi";•y,`'t,i :?i:.t`..[,'•'••. . ,:.:;.••;,�•:.•t^M��". � w ems•"••", -•} , .` .'M`y`; ••'�'•;. 10/21x'98 WED 10:02 FAX 10Q07 .=1+ Q! kyr: •'•• 1 "• .ry�r, -r'3i•::..L:k.{►.1i- ' •_ ' �---- �a9 Oa:28' O503 684 7297 CITY OF Titio-t --- et tutu YDuu2 TOGETHER WITH A STRIP OF LAND FOR A QETOUR EASEMENT, LYING F•1 LASTEi!LY OF AND ABUTTING THE EAST LINE OF TME AWE DPSCIMED RIGHT. OF-WAY PORTION OF A PARCEL. BEGINNING AT-A POINT'ON TW. EAST LINE of SAID PORTION OF A PARCEL AT ENGINEERS STA 23.77, WHICH POINT 15 -- e.,, N 010 31'40'/E,233.21 FEET FROM THE SOUTH LINE OF SAID PARCEL; TMRr.-,ALONG SAID EAST LINE, N 040 3t'40-E.446.00 FEET TO•ENCINEERS STA 30+03; THENCE', LEAVING SAID EAST LINE, S 33° 21' ZV E, 135.57 FEET TO A POINT WHICH IS 100.00 FEET EASTBRLT OF WrMN MUSUR.LD AT A RIGHT ANGLE TO SAID. EAST LINL TmEsa.PARALLEL wrrm SAID EAST UNE 5 01°3w 40. 0',227.66 FLET; THENCE,3.410 33'4Cr W,,15l.37 MET To THE POINT OF BEGINNING. ' GONTAMNG 1.026 ACRES(44,643 SQUARE FEET). EXHIBIT Apag£'3 of l/ - 04/28/" Jq .�.� '; '�.1' .�� M'�„•:;' ::i+l !R �.+ r.Slt.:.�C'.:+' u6':�.?Ai .! ., r+�...,rr�:�KS..•... .. 1-01121/98 WED 10:03 FAX 0008 r!:"t def �4y�:�i41!�;-:i•T.:�.3�:��': i�i:' . -° � � ... S4]q,,f��'• 7.-1t9 p8•LY,. pia mow+ ...• •i w I It•ARY __� n�GuG, �4Utl 1 coo 1.`-SF't R m gCKU � u� Mtl•3�39� �y�"E i � . -- 10.4 \� XxNmir ArAxil $10027 WE S*32'38`W �"• 5,38' R■30.00 • � :41.23' •20.00 S07612'527E 129` RcG30A0' Srr;FET n D . 1p►1 —&CdSLOPE MEMENT b nostood �Q' L■165.06 ' m ' M • STA 30+03 ?� TAX LOT 300 1Sl 33A DOCUMENT N0,86045562 ' �.� � 1 Ct55.s7' 938.2!'20"E f • f-r••-DETOUR EASEMENT r � r�L2T66' S'Ol•38`40'�►' rQ j�`•� 155,57'S 4039'40'w 1'�'TA ZS..i7 � r• ,. . 4f 20.00` SLOPE EASEMENT M 1 _ d N 85°35'50'0 W ` DETOUR EASEMENT k08 4.27-88 hert N�gerConsukan%he SW 135TH AVENUE RIGHT-OF WAY A r�r Lands of Burton E. Grabhorn' ... scat• i"1" 200' 0ih':JAN13,1888 Oeawu �y K06 •Jo0• Mo. 1549-Of• ;':?�; r , page 7 o ;. �':. r .� ,'�• �.,�,...�-r��..�.--- eeuM,e1 WLMIt��Oe � r :�L ti••r�.� ti rs r +r.:: ,.. :+<:•; l 0090 W.Meson•BYoaer 01 Az-W M1 ord Tootbn W rdor of Con �i ' Nq mthln . rrdr Irt�oatcA ODOM. • � lac �•.,�y '. or 01 cuu DOC 29020392 _ :r Rect: 9324 31.00 ,� ' �� 05/05/1909 03:03:47P14 10/23/98 09:35 $503 684 7297 CITY OF TIGARD IM 001 �c & ACTIVITY REPORT & TRANSMISSION OK TX/RX NO. 8999 CONNECTION TEL 222 CONNECTION ID START TIME 10/23 09:30 USAGE TIME 04'16 PAGES 8 RESULT OK FAX TRANSMITTAL Date October 23, 1998 Number of pages including cover sheet 8 To: Jim Coleman From: Gus Duenas _ Go; Co: City of Tigard --Fax#: (503) 243-2944_ Fax#: 503 639-4171 Ph #: 639-4171 Ext. 378 SUBJECT: Detour Easement through Summer Creek Apartments MESSAGE: Please review the documents. I'll give you a call later today. The detour was apparently necessary when 135th was being reconstructed and widened almost a decade ago. We do not need it now. There should have been language stating that the easement can be deleted upon completion of whatever action made it necessary. However, there is no mention of that in the document. Thanks. 10/23/98 FRI 15:58 FAX Z001 BOWEN REAL ESTATE GROUP Suite 1000 121 S.W.Morrison Street Portland,Oregon 97204 Phone: (503)274-8400 Facsimile: (503)274-4685 FACSD41LE TRANSMITTAL DATE: October 23,1998 FROM: David R.Gibson PLEASE DELIVER TEftS TO: N FAX NB Gus Duenas City of Tigard 684-7297 Jim Coleman O'Donnell Ramis Crew et. al. 243-2944 Dave Aldrich Transnation Title 274-7972 Shannon Skinner Preston Gates &Ellis 206-623-7022 MESSAGE: TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: 4 Confidentiality Notice This facsimile transmission and any documents accompanying It are confidential. In particular,this transmission and any documents accompanying It may be protected by the Attorney-Client privilege and other privileges and confidentiality provisions provided by law. The information Is Intended only for use of and by the Individual or entity named above. if YOU ARE NOT THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT YOU MAY NOT READ, DISCLOSE,COPY,DISTRIBUTE,USE,OR TAKE ACTION BASED UPON THIS TRANSMISSION OR ANY ACCOMPANYING DOCUMENTS. If you have received this tranIM15310n In error,please immediately notify this office by collect telephone call to arrange for a return of this transmission and all accompanying documents. WE THANK YOU FOR YOUR COMPLIANCE WITH THIS NOTICE AND REQUEST. 10/23/98 FRI 15:58 FAX (a002 Bowen Financial Services Corp. OWN Bowen Development Company REAL ESTATE Bowen Property Management Co. Q0 GROUP Aecra&;d Maripprmdi ftardzationO October 23, 1998 Gus Duenas City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Re: Summer Creek Apartments— 13456 SW Hawks Beard Road Dear Mr.Duenas: I spoke with Jim Coleman today regarding the Detour Easement. Mr. Colenian informed me that the City will have to vacate the Detour Easement to eliminate it from the record but that in the,meantime he believes the City would be willing to provide a letter to the effect that it will not exercise any right to use the easement. He asked me to write to you regarding this request. To be able to close the loan next week,I need to obtain a letter from the City of Tigard by Wednesday that states the City of Tigard(i)will take the action necessary to vacate the Detour Easement, (ii)will not seek to enforce or otherwise use the easement in any manner, and(iii)will not transfer or in any manner convey the easement to any other party(if,in fact, it could do so). I enclose a draft letter with proposed language to this effect. Please note that I need the letter to be addressed to the parties on the attached list because of the pending loan transaction. The addressees are the property owner, lender, title company, surveyor, our legal counsel,and legal counsel to the lender. I would also be pleased to work with you or your counsel on the exact wording if necessary. I sincerely appreciate the prompt assistance you provided to us this week. I appreciate your continued assistance and courtesies in finalizing the requested letter. Cord' D son General Counsel cc: James M. Coleman 121 S.W. Morrison 8 Suite 1000 a Portland,Oregon 97244 1 (503)274-8400 voice M (503)274-4685 fax 10/23/98 FRI 15:58 FAX 0003 [CITY OF TIGARD LETTERHEAD] October 23, 1998 To the parties on the attached list: The,City of Tigard is the beneficiary of that certain Street Dedication dated April 25, 1989, and recorded May 5, 1989,in the Washington County records at Recorder's Fee No. 89-20392 (the"Street Dedication"). Page 4 of Exhibit A to the Street Dedication describes a"detour easement"across a strip of land described therein which includes a portion of the land owned by Summer Creek,LLC and on which has been constructed the Summer Creek Apartments. We understand Summer Creek,LLC is in the process of obtaining a loan from the John Hancock Mutual Life Insurance Company and that the loan will be secured by the Summer Creek Apartments, a portion of which is affected by the detour easement. The City of Tigard hereby agrees, for the benefit of the parties on the attached list, that it(i)will take the action necessary to vacate the detour easement portion of the Street Dedication, (ii)will not seek to enforce or otherwise use the detour easement in any manner, and(iii)will not transfer or in any manner convey the detour easement to any other party. [AUTHORIZED SIGNATORY] lu/23/98 FRI 15:59 FAX 06 Summer Creek, LLC 121 SW Morrison Street, Suite 1000 Portland, OR 97204 John Hancock Mutual Life Assurance Company John Hancock Place P.O. Box 111 Boston,MA 02117 Transnation Title Insurance Company 2200 US Bancorp Tower 111 SW Fifth Avenue Portland, Oregon 97204 W.B. Wells and Associates,Inc. 4230 NE Fremont Street Portland, OR 97213 Bonaparte,Elliot, Ostrander&Preston,PC 621 SW Morrison Street, Suite 400 Portland, Oregon 97205 Preston Gates&Ellis LLP 701 Fifth Ave., Suite 5000 Seattle, WA 98104-7078 10/.1/98 WED 09:59 FAX 0 001 BOWEN REAL ESTATE GROUP Suite 1000 121 S.W.Morrison Street Portland,Oregon.97204 Phone: (503)274-8400 Facsimile: (503)274-4685 FACSIMILE TRANSMITTAL DATE: October 21, 1998 FROM: David R.Gibson PLEASE DELIVER'l(WS TO: NAME Gus Duenas City of Tigard 684-7297 MSS YE: TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: Confidentiality Notice This facsimile transmission and any documents accompanying it are confidential. In particular,this transmission and any documents accompanying it may be protected by the Attorney-Client privilege and other privileges and confidentiality provisions provided by taw. The information is intended only for use of and by the individual or entity named above. IF YOU ARE NOT THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT YOU MAY NOT READ, DISCLOSE,COPY,DISTRIBUTE,USE,OR TAKE ACTION BASED UPON THIS TRANSMISSION OR ANY ACCOMPANYING DOCUMENTS. If you have received this transmission in error,please immediately notify this office by collect telephone call to arrange for a return of this transmission and all accompanying documents. WE THANK YOU FOR YOUR COMPLIANCE WITH TMS NOTICE AND REQUEST. C C A SCXAO w I� Q HAWK'S � BEARD � acn n F = _ � z c� Lo r- AREA TO BE VACATED F CT 0 c�