81-025023 ~ 74th Avenue ~ Cherry Street 81025023
CITY OF TIGARD, OREGON
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF S.W. 74TH AVENUE, A 40-FOOT WIDE DEDICATED PUBLIC
RIGHT- OF-WAY, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, RECORDING AN EFFECTIVE
DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that a Resolution #81-62 was adopted by the Council on
June 8, 1981, relating to the vacation of the hereinafter described right-•-
of way, and that a public hearing was thereby called to be held on July 13, 1981, and
that notice of said hearing was given as required by Chapter 271.110 O.R.S. as set forth
in said resolution.
Section 2: The Council further finds that a public hearing as thereby called to be
held, was duly and regularly held at the regular Council meeting on July
13, 1981, at which time and place the Council afforded all interested persons an
opportunity to be heard for or against the proposed vacation of said lands, and the
Council further considered all objections thereto.
Section 3: The Council further finds that a majority of the owners of the area affected
by said proposed vacation, computed on the basis provided in Chapter 271.080
O.R.S. , did not object thereto in writing and that all owners affected thereby did, in
fact, favor the vacation of said area; and the Council finds that said vacation will not
substantially affect the market value of any abutting property.
Section 4: The Council further finds that the public interest will not be prejudiced by th-,
vacation of the hereinafter described right-of-way and that the said lands
are not useful as part of the public street, utility or read system of the City of Tigard
and that it is in the public interest that said vacation be approved.
Section 5: The following described portion of said S.W. 74th Avenue is hereby vacated
and discontinued as public ways :
That portion of land in Section 1, Township 2 South, Range I West, Willamette Meridian,
Washington County, Oregon, being more particularly described as follows:
Beginning at the southeast corner of Lot 43, Rolling Hills No. 2, a
duly recorded plat in said County; thence South 880 48' East 10 feet;
thence South 00 30' West 40 feet to the true point of beginning; thence
running South 000 30' West 400 feet M/L to a point; thence North 890 37'
East 330 feet M/L to a point; thence North 000 30' East 40 feet to a point;
South 890 31' West 290 feet M/L to a point; thence North 000 30' East 360
feet M/L to a point; thence North 88' 48' West 40 feet to the true point of
beginning.
Containing .63 Acres, more or less.
Section 6: That the City Recorder be, and she is hereby authorized and directed to
have certified copy of this ordinance filed for record with the following
Washington County departments:
ORDINANCE No. 81-
i
i
f`
1. Department of Records and Elections
2. Department of Revenue and Taxation - Attn: Assessor
3. Department of Public Works - Attn: County Surveyor
All as required by Chapter 271.150 O.R.S.
Section 7: This ordinance shall be effective on and after the 31st day after its
enactment by the City Council, and approval by the Mayor.
PASSED: By L1lttjd L vote of all Council members present, after being
read two times by number and title only, this day of
1981.
City 'Re order
APPROVED: By the Mayor, this 13 day of , 1981.
Mayor
STATE OF OREGON
County of Washington
ss
i, Roger Thomssen, Director of Records
--� and Elections and Ex-Officio Recorder of Con-
'0
on-
veyances for said county, do hereby certify that
the within instrument of writing was received
ZI ',' and recorded in book of records of said county.
ROGER THOMSSEN, Director of
Records& Elections
Page 2
ORDINANCE No. 81 ! V
1981 JUL 17 PH 3: 09
C1TY0FT11FAPD
WASHINGTON COUNTY,OREGON
August 12, 1981
Bruce L. Magnuson
David Evans and Associates, Inc
200 S.W. Market Street, Suite 110
Portland, Oregon 97201
Re: Vacating a portion of S.W. /4th Avenue, a 40-foot wide
dedicated public right-of-way, in the City of Tigard.
Dear Mr. Magnuson:
We have received the recorded Ordinance No. 81-59 vacating
a portion of S .W. 74th Avenue from Washington County Court
House. The following is an itemized list of the expenses
incurred:
Deposited on April 17, 1981,Receipt #8362 $150.00
Tigard Times Public Notice $131 .45
Wash. Co. Recording fees 7.00
Vacation fee 50.00
Total expenses 188.45
TOTAL OWING 38.45
Upon receipt of these monies we will mail you a copy of Ordinance
No. 81-59 to complete your files,
If you have any questions regarding the above, please feel free
to contact me.
Sincerely,
Darts Hartig
City Recorder
1 t vim' 7L .
(._ G^''`'I I
,�
�''
r 23397 TIGARD, OREGON 97223 PH: 639-4171
.tn
CIN0.0-F TIOA;w RD
WASHING'+ON COUNTY,OREGON
July 14, 1981
Department of Records
Washington County Court House
Room 104
150 North First
Hillsboro, Oregon 97123
Gentlemen:
Enclosed is a check in the amount of $44.50 to cover the charges
for recording the following documents:
Ordinance No. 81--59 vacating a 1)ortion of S.W. 74th Avenue
a 40-foot wide dedicated public right-of-way $7.00
surveyor's fee $20.00
Consent Covenant - Scoffins Condos - $7.00
Street Dedication on S.W. Frewing - Tigard Methodist Church - $10.50
Thank you for your assistance with this matter.
Sincerely,
Doris Hartig
City Recorder
DH:lm
Enc.
12420 S.W. MAIN P.O. SOX 23397 TIGARD, OREGON 97223 PH: 639-4171
NOTICE OF PUBLIC HEARING
AFFIDAVIT OF PUBLICATION
ON`PROPOSED VACATION OF A
STATE OF OREGON, PORTION OF SW 74TH AVENUE, A
40 FOOT WIDE DEDICATED PUBLIC
COUNTY OF WASHINGTON, I ss' RIGHT-OF-WAY,IN THE CITY OF TI-
GARD, WASHINGTON COUNTY,
JOHN W. MARLING OREGON, WHICH HAS BEEN RE-
------- ----------- --------------------- ---------------------------------- ----- QUESTED BY THE FIRST STATE
BANK OF OREGON.
neing first duly sworn, depose and say that I am the publisher ------------ ------ Pursuant to action of the City Coun-
cil of Tigard on June 8th, 1981 under
of The Tigard Times, a newspaper of general circulation, as defined authority of Chapter 271.130 Oregon
Revised Statutes,a public hearing will
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and be held by the Council of Tigard at
8:00 p.m. on Monday,July 13, 1981,at
state; that the legal notice, a printed copy of which is hereto annexed, was Fowler Junior High School Lecture
Room, 10865 SW Walnut Street, Ti-
published in the entire issue of said newspaper for ----------- ....... gard, Oregon, with respect to the pro-
successive and posed vacation of the following de-
consecutive weeks in the following issues __ Amell, 18 ,25 ,July 2 , 7 , 1981 scribed portion of SW 74th Avenue,an
------------ ---------- unused 40 foot wide public right-of-
way in the City of Tigard, Washington
issues
----------------------------------------- ----------------------------- County,Oregon.
EXHIBIT"A"
------- That portion of land in Section 1,
(Signature) Township 2 South, Range I West,Wil-
lamette Meridian,Washington County,
e this Oregon, being more particularly de-
Subscribed and sworn to before e this ---------- day of ------- scribed as follows:
Beginning at the southeast comer
ji9 , � 6f.Lot 43, Rolling Hills No. 2, a duly
recorded plat In said County, thence
South 880 '48' East 10 feet thence
-------------------- ------------------------------------------------------------
Notary Public of Oregon South 00 30' West 40 feet to the true
point of beginning; thence running
South 00' 30' West 400 feet M/L to a
My commission expires --------------------------------------------------- a ---
AFFIDAVIT OF POSTING
In the Matter of the Proposed
NOTICE OF PUBLIC HEARING FOR PROPOSED VACATION
STATE OF OREGON
County of Washington) ss.
City of Tigard
1, Robert L Thompson being first duly sworn, on
oath depose and say:
That I posted in the following public and conspicuous places, a
copy of Notice of Public Hearing of the Vacation of a portion of SW 74th Ave.
a copy of said notice being
hereto attached and be reference made a part hereof, on the 10 day of
June , 19 81 .
Placed (4) four vacation notices on SW 74th Avenue at the following:
1) At the Northeast corner of lot 43, Rilling Hills No. 2
2) At the Southeast corner of tax lot 800 on tax map 2SI lDC
3) + 150 feet West of the Southeast corner of tax lot 800 on tax map 2S1-IDC
4) + 360 feet West of the Southeast corner of tax lot 800 on tax map 2S1-IDC.
Subscribed and sworn to before me this /,q-, day of 4qja,-L-�_.
19s/.
'T
L 0
V -Notary Public for Oregon
Affidavit of Posting My Commission Expires: //-0(,
CITY OF TIGARD
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF A PORTION OF SW 74TH AVENUE, A 40 FOOT WIDE
DEDICATED PUBLIC RIGHT-OF-WAY, IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON, WHICH HAS BEEN REQUESTED BY THE FIRST STATE BANK OF OREGON.
Pursuant to action of the City Council of Tigard on June 8th, 1981 under
authority of Chapter 271.130 Oregon Revised Statutes, a public hearing will
be held by the Council of Tigard at 8:00 P.M. on Monday, July 13, 1981, at
Fowler Junior High School Lecture Room, 10865 SW Walnut Street, Tigard, Oregon,
with respect to the proposed vacation of the following described portion of SW
74th Avenue, an unused 40 foot wide public right-of-way in the City of Tigard,
Washington County, Oregon.
EXHIBIT "A"
That portion of land in Section 1, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, being more particularly described as
follows:
Beginning at the southeast corner of Lot 43, Rolling Hills No. 2, a duly recorded
plat in said Coiunty; thence South 880 48' East 10 feet; thence South 00 30'
West 40 feet to the true point of beginning; thence running South 000 30' West
400 feet M/L to a point; thence North 890 37' East 330 feet M/L to a point',
thence North 000 30' East 40 feet to a point; South 890 31' West 290
feet M/L to a point; thence North 000 30' East 360 feet M/L to a point; thence
North 880 48' West 40 feet to the true point of beginning.
Containing .63 acres, more or less.
Any objections or remonstrances against said proposal to vacate said area may
be made in writing and filed with the City Recorder prior to the date of the
hearing, and all objections filed prior to the date of the hearing will be
heard and considered, and any person having, an interest in the proposal may
likewise verbally be heard at said time and place.
By order of the City Council of Tigard, this 8th day of June, 1981.
DORIS HARTIG
City Recorder
TT Publish June 11, 18, 25, July 2, 9, 1981
CITY OF TIGARD, OREGON
RESOLUTION No.
A RESOLUTION CONCERNTNG VACATION OF A PORTION OF SW 74TH AVENUE A 40 FOOT WIDE
DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, the area described on the attached sheet headed "Exhibit A" and
by this reference made a part hereof, is an undeveloped unused street and/or
alley dedicated to the public for highway purposes; and
WHEREAS, the area described on said Exhibit "A" now lies within the
platted area of Tigard Business Park, a duly recorded subdivision of record in said
County; and
WHEREAS, the area described on said Exhibit "A" also lies within the corporate
boundaries of the City of Tigard, Oregon; and
WHEREAS, said described area does not serve a public purpose and is so
situated as to be of no usefulness now or in the future as part of the public
street system of the City; and
WHEREAS, it appears to be in the public interest that the said area be
vacated and restored to the tax rolls and made available to development and use;
and
WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners have
petitioned for the initiation of vacation proceedings as authorized in Chapter
271 ORS.
NOW, THEREFORE,
BE IT RESOLVED by the City Council of Tigard as follows:
(1) "That the public hearing is hereby called to be held by the City Council
of Tigard on Monday, July 13, 1981, at Fowler Junior High School Lecture Room,
10865 SW Walnut Street, within the City of Tigard, beginning at 8:00 P.M. ,
at which time and place the Council shall hear any objections thereto, and
any interested person may appear and be heard for or against the proposed vacating
of said lands .
(2) "That the City Recorder be, and she is hereby, authorized and directed
to cause to have published in the Tigard Times, a newspaper of general
circulation in the City of Tigard hereby designated for such purpose, a notice
of said hearing in the form hereto attached and by this reference made a part
hereof, the first publication to be made on the 11th day of June, 1981 and once
each week thereafter for five publishings in all.
"The Recorder be, and she is hereby, further directed to cause to hav,�
posted within five (5) days after the date of first publication, a copy
of said notice in the form hereto attached, at or near each end of the .arca(s)
proposed to be vacated, and in addition, the Recorder shall post a copy of
said notice in at least two (2) conspicuous places within the area(s) proposed
to be vacated, all of said postings to he accomplished within the time herein
stated.
(3) "That the particular portion of dedicated street proposed to be
vacated is described on the attached sheet headed "Exhibit A" and by this
reference made a part hereof."
sv
PASSED By the Council on the day of , 1981.
Mayor
ATTEST:
I
ry�JJ r.
Recorder
PAGE 2
EXHIBIT "All
That portion of land in Section 1, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, being more particularly described as
follows:
Beginning at the southeast corner of Lot 43, Rolling 0 Hills No. 2,
a duly recorded plat in said County; thence South 88 48' East
10 feet; thence South 00 30' West 40 feet to the true point of
beginning; thence running South 000 30' West 400 feet M,11 to a
point; thence North 890 371 East 330 feet M/L to a point; thence
North 000 301 East 40 feet to a poin8; South 890 31' West 290
feet bVt to a point; thence North 00 30' East 360 feet M/L to
a point; thence North 880 48' West 40 feet to the true point of
beginning.
Containing .63 Acres, more or less.
I certify that the above description of property has been checked by M
and it is a true and exact description of the property under consideration
and the description corresponds to the attached map indicating the property
under consideration.
Title Ile
Department
County of Washington
Date,
RESOLUTION No. 81-
"1 3 3-C1 3300
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=20 DAVID EvAn3 nnD ASSOCIATES , inc.
200 3W MARKET STREET SUITE 110 PORTLnnD.OREGOn 97201 503/223.6663
April 14, 1981 WIP004
City of Tigard
City Hall nECEIVED
12420 S.W. Main Street APR 1 ,11981
Tigard, Oregon 97223
RE: TIGARD BUSINESS PARK
S.W. 74TH AVENUE
RIGHT-OF-WAY VACATION
Gentlemen:
Pursuant to ORS 271. 080 regarding street vacations in incorporated
cities , please find enclosed three (3) signed and notarized "Peti-
tions for Vacation" to vacate the S.W. 74th Avenue right-of-way
as indicated. The petitions represent more than two-thirds in
area of the real property affected.
Also enclosed are two copies of the Preliminary Plat of the
Tigard Business Park, indicating the proposed right-of-way rededi-
cation, along with the petition filing fee of $150. 00.
Please place this item on your City Council agenda as soon as
possible. ' Please call me if further data is required for the
submittal.
Very truly yours,
DAVID EVANS AND ASSOCIATES, INC.
A-A
Bruce L. Magnuson
BLM:me
cc: Bob Williams
0Dg=fl0 DAVID EvAn3 Finn A330CIATE3, inc.
200 3W MARKET STREET - SUITE 110 • PORTLAnD.OREGon 97201 - 503/223.6663
April 14, 1981 WIP004
City of Tigard
City Hall RECENED
12420 S.W. Main Street
Tigard, Oregon 97223 APR
RE: TIGARD BUSINESS PARK QJY Of TWO
S.W. 74TH AVENUE
RIGHT-OF-WAY VACATION
Gentlemen:
Pursuant to ORS 271. 080 regarding street vacations in incorporated
cities, please find enclosed three (3) signed and notarized "Peti-
tions for Vacation" to vacate the S.W. 74th Avenue right-of-way
as indicated. The petitions represent more than two-thirds in
area of the real property affected.
Also enclosed are two copies of the Preliminary Plat of the
Tigard Business Park, indicating the proposed right-of-way rededi-
cation, along with the petition filing fee of $150. 00.
Please place this item on your City Council agenda as soon as
possible. Please call me if further data is required for the
submittal.
Very truly yours,
DAVID EVANS AND ASSOCIATES, INC.
Bruce L. Magnuson
Z2Z_
dle
BLM:me
cc: Bob Williams
TO: THE HONORABLE MAYO.. AND CITY COUNCIL
City of Tigard
County of Washington
State of Oregon
In the Matter of the vacation)
of lands described as:
See attached sheet PETITION FOR VACATION
marked Exhibit A
Petitioners hereby request that the hereinbelow described area be
vacated, for the following described reason (s) :
A) Petitioners are in the process of filing a subdivision application
on the property encumbered by the right-of-way proposed to be vacated.
B) The subdivision application provides for the dedication of an im-
proved street on the property.
C) Vacation of the present right-of-way will provide for a more eff--
icient use of the property.
D) The right-of-way proposed to be vacated has not been improved and it
is not anticipated that it will be improved in the future.
E) Were the existing right-of-way to be improved it would cause two
detrimental results:
(a) An introduction of industrial and commercial traffic directly
.into a residential neighborhood and
(b) The resulting intersection with SW 72nd Avenue would be hazardous
due to its location in relation to the realigned curves on SW
72nd Avenue.
F) Should the City desire to improve the unvacated portion of SW 74th
Avenue in the future a direct connection to the newly dedicated street
on the subject property can be provided.
1) That the undersigned is in fact the owner (s) or the contract purchaser (s)
of the indicated property (s) .
2) That the undersigned represent tracts in or adjacent to the affected
area as hereinbelow described.
3) That the cost of this vacation is to be borne by the benefited prop-
erties and in respect thereto respectfully show:
That the area proposed hereby to be vacated by the aforementioned
owners/purchasers comprises approximately 0 .64 acres , and is legally
described hereinbelow (or on the attached sheet marked Exhibit "A"
which by reference herein is made a part hereof) and is illustrated on
the attached drawing marked Exhibit "B" (which by reference herein is
made a part hereof) :
Wherefore, petitioners pray that said lands be vacated as herein re-
quested and described and that the City Council of the City of Tigard,
Oregon, expedite proceedings to that end as provided by law.
Sign ure Address Map#/Tax Lot# . Book#/Pager
i-4 tuw Rv w►-&, Om uns '3a o o 4 4%08
V w�. 'p ¢�.t.cry r.►�'
County of Clackamas
State of Oregon
Jan ry 16, 1981
NOTARY FOR THE STATE OF OREGON
My Commission expires 11-6-82
STATE OF OREGON,
ss.
County of.......Clackamas.------_-- --------- _ -- On this__ 16th day of-------January ----- 19. 81
before me, the undersigned, a notary public in and for said county and state, personally appeared the within
named .------------- Ned_.Takasumi--------- ---------- --
- ..-- ------ --------
known to me to be the identical individual..... described in and who executed the within instrument and
acknowledged to me that. . .4p----- executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed
my official seal the day and year las Bove written.
Notary Public for Oregon.
My commission expires-------11-6.-82-.------------------------------
COM-61 76
Wherefore, petitioners pray that said lands be vacated as herein re-
quested and described and that the City Council of the City of Tigard ,
Oregon, expedite proceedings to that end as provided by law.
Signature Address Map;/Tax Lot# . Book#/Pagelv
1805 NW Glisan 2S1-lDC/ 700 , 800
!09
Fes B. Neuman
stern I.fiternational Properties
State of Oregon
ss .
County of Multnomah)
I Cl 91 BE IT REMEMBERED,' That on this day of
before me, the undersigned,, a Notary Public in and f
said County and State, personally appeared the within named
James B. Neuman known to me to be the individual described in and
who executed the within instrument and acknowledged to me that
he executed the same freely and voluntarily.
Notary Public for Oregon
Expiration Date: 7/14/83
Wherefore, petitioners pray that said lands be vacated as herein re-
quested and described and that the City Council of the City of Tigard,
Oregon, expedite proceedings to that end as provided by law.
Signature Address Map#/Tax Lot# Book#/Page#
el,ec'LV
4-1 —
State of Oregon. ss .
County of Washington)
BE IT REMEMBERED; That on this day of
1981 , before me, the undersigned, a Notary Public in 4Fd for
said C unty andat t , personally appeared the within named
a. known to me the be the individual
described in an who executed the within instrument and acknowledged
to me that he executed the same freely and Voluntarily .
46
Notary Public for Oregon
Expiration Date : 6/24/84
�C DD �no WIP002
R.E.L.
11-26-80
LEGAL DESCRIPTION
Vacation of a portion of S.W. 74th Avenue
A tract of land situated in the Southwest one-quarter of
the Southeast one-quarter of Section 1 , Township 2 , South,
Range 1 West of the Willamette Meridian in Washington
County, Oregon, more particularly described as follows:
Commencing at the Southeast corner of the W. W. Graham
Donation Land Claim No. 39; thence South 89'03' 00" West
along the South line of said Graham DLC a distance of
20.02 feet to a point on the West line of S.W. 72nd Avenue;
thence North 1*25' 41" East along said West line a distance
of 24. 02 feet to the point of beginning of the tract herein
to be described; thence South 89103100" West, parallel with
and 24. 00 feet North when measured at right angles, from
the South line of said Graham DLC, a distance of 330. 16
feet; thence North 1025141" East 406 . 56 feet; thence South
88030124" East 40. 00 feet; thence South 1025141" West 364. 89
feet; thence North 89"03' 00" East 290. 13 feet to a point in
the West line of S.W. 72nd Avenue; thence South 1025141"
West 40. 03 feet to the point of beginning, containing an
area of 27 ,813 square feet, more or less.
1-7-
� 8 /sc
NOTE TO FILE:
QUITCLAIM DEED TO THIS PROPERTY FROM WASHINGTON COUNTY TO THE CITY OF
TIGARD WAS EXECUTED ON JULY 25, 1974. SEE DEEDS & LEASES FOR THE
CITY'S ORIGINAL OF THIS DEED,
April 29, 1974
MEMORANDUM
To: Wink Brooks
From: Dick Bolen
Subject: 74th Avenue Vacation
1. Has the City of Tigard ever accepted S.W. 74th as a dedicated street from the
County?
A. No.
2. Has the County any record of S.W. 74th being dedicated and accepted by the County.
Is S.W. 74th a legal street dedication?
A. S.W. 74th has been deeded to Washington County as recorded in Washington
County records book 272, page 573. The northerly 180' is recorded on the
Rolling Hills plat II.
B. There is no record that the County has accepted the dedication of the
portion of the street recorded by deed. The portion in the Rolling Hills
II plat is of course a dedicated street.
C. The portion of S.W. 74th south of the Rolling Hills II plat does not
appear to be a legal dedication but the City Attorney should be consulted
in regard to this issue.
3. Are there utilities in the existing right-of-way and is there any future need
for utility easements?
A. There is an existing storm sewer in the porton of S.W. 74th located
in the Rolling Hills II plat. This storm, line empties into the
Anderson-Fought property.
B. There is no apparent future need for a utility easement in the deeded portion
of S.W. 74th. The existing natural drainage flows away from S.W. 74th
at the terminus of the storm line on the platted portions of the streets.
4. Is S.W. 74th a necessary street?
A. This street was deeded in 1948 when the adjacent properties were parceled
for residential development. Since this time, the character of the area
south of the Rolling Hills subdivisions has subsequently changed to industrial
useage, contrary to the intended purpose of the original street. If S.W.
74th were improved, industrial traffic would be given access to S.W. Cherry
Street, a residential street. It therefore appears appropriate that S.W. 74th
be vacated and a more suitable means of providing access to the Anderson-
FougrCct'ae/determined. Considerations include reli'41 - the intersection
with S.W. 72nd Avenue *qW to minimize site distance problems or providing a
street to the rear which would be a by-pass from S.W. 72nd Avenue to S.W.
Hunziker Street. As part of vacating S.W. 74th, a utility easement should be
retained in the platted portion of the street from S.W. Cherry to a point
180 feet south where the existing storm line terminates.
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5. PUBLIC V "RING - Stre et Vacation
5. 1 M 5-74 Street Vacation - SQ. 74th Avenue south of
S.W, Cherry Street and west of S.W. 72nd Avenue,
Page 7 Minutes - 4-16-74
staff Recommendation
A. Brooks recommended tabling of this item to the
next regular meeting and in addition offered h0�
suggestion that only the northern portion of,
SQ. 74th Street be vacated and not the Rost-w&st
portion,
Testimony and Cross Examination
A. Proponents
I. Nan Holmes 8poke for the applicants , Andersen
and Fought, asking that the strPst vacation
be approvsd. In addition the raised the
question that the original street dedication
to the County was not properly made and
possibility therefore existed that this was
not a valid dedinaticn� She also stated
that the existing entrance of &Y 74th
to 5,W. 72nd is a poor alignment and should
be vacated to allow a new street to be placed
in a better location ,
B. Opponents
A, Tony Maxim of S.W. 72nd Avenap spoke againbt
the requested vaLation stating that the drain-,
ago for the area to the north is now routed
to the 74th Street right-of-way and for this
reason should mot bs vacated.
Commission Discussion and Action
A. Barkhurst moved to table considepation of this
item to the May 7, 1974 meeting, Mickelson
seconded the motion and the motion passed by
unanimous vote of the commission presenK
6. SUBDIVISION - PRELIMINARY PLAT APPROVAL
6. 1 Englewood - Phase I - Property location : south of
S.W. Scholls Ferry Road and westerly of
Fanno Creek
Staff Findings
A. Brooks presented the staff findings relevant
to this rase
Page 8 - Mine ' ?s - 4-16-74
TIGARD PIANNING COITTRQM
lUff Rep:.rrt,
A1,K ! H, 1974
Qcnds 11cm 5.1
9 5-74 Qreet Vacation - S,N, 76th Avenue south of S.U. Cherry and Wes!
or S.W. 72nd Avenue (See attached map),
Staff Findings
1 . The subject street connects a residential neighborhood with an industr!all.-
zoned area, creating a poLrntial for future conflicts between inrompnKhU
residential and industrial trafFic.
2, A street is necessary to provNe access to that industrially zoned NQ
between thr existing S,Y, 74th Avenue and the railroad tracks to the
West. A potential exists for S.W. 74th Avenue to bu extended westerly,
then southerly, and thence easterly back to A.3, 72nd Avenue, TbN
loop would provide a loop street giving access to the rear of l_.•.. SP
industrial properties.
3, The City has received a vacaLlon petition from IM of the properq
owners PbutiNg S,� , 74th A-enue and representing 100% of the frnntann,
4. Section 271 .120 Oregon Revised Statutes states that the vacation is 4uhl, n
to review on the basis of "whether the public interest was prejudiced
by the vacation of such plat or street or part thereof," ORS 271 . 12()
continues stating "the governing body may, upon hearing, qrant" the
petition in part and deny it in part, and make reservations, o: rither!
a5 appear to he for the public interest.
5. The provision of access to abuttin: properties and the foLure posaMMI
of a loop access street to the south arc in the public interest he_au s,
increased traffic circulation opportunities in an area with poor
traffic c1rculation, ane because it wm facilitate access by
vchicles to a larte arva of industrially develo?ed lands,
Staff Recommendation
Approval of the requested varat !on for that portion of 1,W, 74t1 .vvnuc,
tunning south from S.W. Cherry Street to the north line of that portion of
S.�. Mth Avenue running cost and west.
An additional recornendation would involve changin, the name of the rcmPNin-
mt7on of S.W. 74th Avenue to another name more appropriate to Tignrd'-,
Fivert ra"P S-srem. This would require a non-numbe? name.
CITY of TIGARD, OREGON
ENGINEERING DIVISION, RW. DEPT.
REQUEST for ENGINEERING
LOCATION: 5 Lo '7`g,'g.�ry�, koe - ►W 4-0 7 Z
ACTIVITY : b �~ ��' yn
-� �.,�•s car*-- 72 --
SKETCH/DIAGRAM:
a-r 5 441 ,C p / C fir,
/J � �P
t4 s �, ��..� +rte • I ��,.. Jf"
Ave ,>�- a
ACTION REQUIRED :
❑ IMMEDIATELY 9, SO N AS; POSSISL ❑ FUTURE NEED
b%7t tc►, A 74
REQUESTED BY:
DATE : l�J?
(.Retain oriaial—Route 2 Copys)
ACTION TAKEN:
BY:
DATE:
r,
AFFIDAVIT OF RAILING
STATE OF OREGON
County of Washington ss.
City of Tigard
I, Richard C. Bolen Being first duly sworn, on oath depose and say:
That I am Planning Administrator for the City of Tigard, Oregon.
That I served notice of hearing of the Tigard Planning Commission
of which the attached is a copy (Marked Exhibit A) upon each of the
following named persons on the___L_ day of
lq_� by mailing to each of them at the address shown on the attached
list (Marked Exhibit B), said notice as hereto attached, deposited in
the United States Mail on the =i day of -19
Postage prepaid.
Subscribed and sworn to before me this day of
192.
Notary Public of Oregon
My Commission expires: f ,�7_
NOTICE OF PUBLIC HEARING
CITY OF TIGARD PLANNING COMMISSION
Notice is hereby given that public hearings will be held by the Planning
Commission of the City of Tigard at Twality Jr. High School in the Lecture
Room, at 14650 S.W. 97th Avenue, Tigard, Oregon, on April 16, 1974, at 7:30
P.M. with respect to the following:
An application by H. A. Andersen and Joseph Fought for a change of
zone from R-7, Single Family Residential to M-4, Industrial Park
on a 1.72 acre parcel fronting S.W. 72nd Avenue. (Tax Map 2SI IDC,
Tax Lot 800).
A request for the vacation of S.W. 74th Street from S.W. Cherry
Street to S.F,'. 72nd Street as depicted on the accompanying map.
All persons having an interest in this matter are invited to attend and
be heard.
March 26, 1974
Rankin, Walsh, Ragen & Roberts
Attn: Mr. P.ibhard D. Roberts
620 1,4�Drgan Building
Portland, Oregon 97205
Dear Mr. Roberts:
In reply to your inquiry (letter dated 3-11-74) regarding the
statis of S.W. 74th Avenue, the following may be of help to you:
1. ) S.W. 74th Avenue is a 40 foot wide dedicated public
right-of-way. it has never been accepted for
maintenance by the County, nor by the city.
2. ) The City hasn't any plans to improve said roadway.
Improvements thereof would, most likely, come about
through creation of a Local Improvement District.
Such type of improvement tool may be initiated by
the City Council or by property owners abutting the
roadways the latter method of initiation is by far
the most common.
3.) The City has received a petition from property owners
abutting a portion of S.W. 74th Avenue, southerly of
S.W. Cherry street, to initiate vacation proceedings
therefore. We are currently processing it as
requested.
Regarding the statement ". . .and anticipated obstructions in that
right-of-way. " I am frankly puzzled as to what Mr. Warner is
alluding to. If that could be clarified, I may be able to further
comment thereon.
Very truly,
Nick Hiebert
Director of Public Services
Facilities
NH: fj
7
420 N. W. SKYLINE BOULEVARD, PORTLAND, OREGON 97229
March 13, 1974
City Hall
12420 S. W. Main Street
Tigard, Oregon 97223
Attention Mr. Winslow Brooks
Gentlemen:
We submit herewith a petition for vacation of a major portion
of the street known as S. W. 74th Avenue. In our search we found this
property to have been conveyed to the County for purposes of a road by
Warranty Deed of Robert V. Pelson and Bernice R. Pelson, husband
and wife; Deed dated April 3, 1947, recorded in Book 272, Page 573.
However, we have not been able to locate any record of the County's
acceptance, and we have been advised by the County Surveyor's Office
that this does not appear as a valid dedication in their records .
The prime parties of interest to this petition are Joseph M.
Fought and H. A. Andersen, owners of Tax Lots 800, 1200 and 3301 .
As you can see from the attached copy of Tax Lot Map 2SI IDC, 74th
separates Tax Lots 800 and 1200, thus making any proposed develop-
ment of this property in whole, or in part, difficult--if not impossible.
A check in the amount of $100 accompanies this request. We
trust you will find the documents in order, and that our request will
receive your favorable attention.
Very truly(yours,
(Mrs . ) Nan Holmes
for the Petitioners
ACKNOWLEDGMENT
STATE OF OREGON
ss.
County of Multnomah 4
BE IT REMEMBERED, That on this 13th day of March 1971,
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared the within named B. Rupert Koblegarde
known to me to be the identical individual. . . described in and who executed the within
instrument and acknowledged to me that .he executed the same freely and
voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and affixed my official seal the
day and year last above written.
"-no I r
Not r
yublic for Oregon
My Commission expires 2/1/75
ACKNOWLEDGMENT
STATE OF OREGON
ss.
County of WASHINGTON
4
BE IT REMEMBERED, That on this 11th day of March 197,3/,
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared the within named R. A. Johnson, H. A. Andersen
and Jos. M. Fought
known to me to be the identical individuaLs. . described in and who executed the within
instrument and acknowledged to me that N'-Y. . . . executed the same freely and
voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and affixed my official seal the
day and year lait above written.
N4a�yublic for Oregon
,y,
My Commission expires February 1, 1975
ACKNOWLEDGMENT
STATE OF OREGON
SS .
County of WASHINGTON
4
BE IT REMEMBERED, That on this 9th day of March 19 7,3/,
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared the within named Robert R. Gage and Jean L. Gage, husband and
wife; Walter Superina; and Otto Teuscher
known to me to be the identical individuals. . described in and who executed the within
instrument and acknowledged to me that they. . . . executed the same freely and
voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and affixed my official seal the
day and year last above written.
'A
Notay blic for Oregon
My Commission expires February 1, 1975
PETITION
City Hall March 8, 1974
12420 S. W. Main Street
Tigard, Oregon 97223
Dear Sirs:
We, the undersigned, hereby petition the City of Tigard to vacate that
portion of the street known as S. W. 74th Avenue as shown on the map
attached hereto marked Exhibit "Alt and as fully described in Exhibit "B",
also attached.
Signed: Owner(s) of:
-7
Tax Lots 800, 1200 & 3301
„ A. e
14255 S. W. 72nd Avenue
DiosM. Fo t
Cil ✓C Tax Lot 500
Robert R. Gag
13615 S. W. 72nd Avenue
Jean L. Gage
r
Z Tax Lot 600
Walter Sup erina
13655 S. W. 72nd Avenue
Tax Lot 700
Otto T eus ch er
13725 S. W. 72nd Avenue
a
1300
�,r.�
ByRtfpe.. Kobleg rde�
i Mayer Bldg. , Portland
R. A. Johnson, Inc.
(Circle A-W Products) Tax Lots 1000 & 1100
By 13885 S. W. 72nd Avenue
Title >, C
By Andrew J. Paris, Jr. & Associates EXHIBIT "B "
i'0tIG�i .,:; � ;RSON ��-`ree t tion -
1i tract of fund situated in Section 1 , T.2 � . ,...1 of the `
c:t-"'tte 1 'r.4.'1_�an , aS'ti.'.n, tol Count;' , �ir2LOn, J 3] � more ?c'tT't1C'
r
ul«rly described follows, to-vrit ;
einninL at t .
ie SG' tri': .:,t cor lar of ta:a
=
39, Ya is 1 cor::er is identif ie.� by a stone in a .mcrlument bc-r in t
centarlin ., r .
OI . ,��. 72i1d rlVanu? i`"rO�:i .`�u1d _ _�: e O;. Je�ln2 :
y���",. tLl._T;Ct-;
South .:P`31 ';lest ( -psis fcr .n , , -=e ^
u�rin s) o._� �.:e sc _U f said
2x.02 feet to t i:: ,esteryy ri, ht Of YT i _ry 4' _,yr
ti
.'1. 72nd :venue; tc12nc� 1 orth 1°2711 u!t : a st a o ' s�a i, re.,t: r {
iy r"j1t I
of ;•Ta ._inr of :i.:•y. r'?n"A ..ven n- 2 .02 feet t ' ;i in tTI
i
sOutl,er : ri- It o_ :r' l�.:e O� decii f ,.;
of 'a4��i_r .�__.`. of the rc : . to -- descr4bed. Fnc:. sai+ t�, e y 14c of j
k
r; d
'O;^ ini1_."1 ; ti1O'.^.GO i.'u:'_Ln" S_.i A TeStQ_'l� `Ili. Of r°day' 21 .E Of J. ? : l
✓ r
i
Ave=., ^,utn <g°v31 J'?tet ( eCorCceC �0 fit`: C _°1�213�lt , l3st) 33G,2I feet i
an an,`Le tint in sai -' ri; _t of •',- t 1 ^� or-
to ! I
�. - _. Ji
along, t leS�?r ri >i of :1 it O O41 U F'rci^
• E
2 'S .lo' f ut to a '! 1rO 1 1 :'. t ...'_. Cuntl:.;:in` �l0i1r J. i -_ ;,ester_
t
1 1 ,tit Of lin:- ,• Cirt1 1' -'5 '1";! ;cam ;� l7 7 S z, to a 3 /)-"*,
it Oi
in t`e t1,.1 •rl bv',.ndar' of °31 !
- ,
e bj.�.St (l�l_:i.� _:.or�, '1 ° 1 ,{la St � l�J•UV 1CCt to t1- ,_.4 l.•�.__� -01_ t of .Si�.:-i..�.
EEE
Rolling Hills .:0.2 � l _t t��_ence . ort ' ° , - st _ o ,1 � s
1 �_ 24 �; i- crt:i I Gig ���t 1
E
c',O 1cL_1�' ev.Stc C�- _.1i1^c Oat ZO �{3 in _C
of of the herei:i describac? road Tca 1>✓C, feet to t1le so,---t::
t'----ce Or r ._� of ? lyre C :i... . Cnerr; Jtr ..
e3t ; ce Jouta °
-1. 301
^.n i 0Ut ^r� `.' r i Of n nL i r
� . t. ., . _., �� .;, � -,:� .� •_ ;,f .� : . �,._�.� rti :.�� yet , feu
1
to the :1OL'w'17T' st Corner of jo -,1 �-.s , .=scrioed i'1 .:fool- 40",
„e , _,ped H' ccr s, .�:shincton ct .t�', whit _z
_. :crtw-ost tori er is �
at t'1o? 1nt-:?1 socti of Orl�' r int::, Of r � �1 i;°u of J.`;l. 7z�t 1
i1V 'ritle ;,t� i7 cas;Cr10 �?i _300 C 27" ) t _ `'2 573 , D-ed t Cards, ii aain ton
r L.f_ o '^ �T .% 11i10 ofEIZ
-
.J.'.•/ • 'J ii'�rt • .%tr 'a is , sl!.it11e1 alc.l� V_a„ V;... i v•:l i.(- 11J 1..... • y,_.a i. ;,,
'7),t11 1 1�` tt 1_^OL1 I. CG .,
• r r rY i 1 e t j
liUin r 1�.a Of _111 , J� . .._, l°25110'' t
2,'�5 .1.'C"v (,. ;^_,o. T(7:;37.U2 -L ' � tO cY 3/4t! LlC
t
t ( . ! J
;'1nC� aO: 7 ,. (i , �;1 }L t _. _.., �• .� • , _ i.. .t.%_ it
^ l C T I
rv�t V
OWN
j EXHIBIT "A "
r (part of the W. W. Graham
D.L.C.; a tract of land
situated in the South 1/2,
Section 1, TZS, R1W, W.M.,
l - - - Washington County, Oregon)
1 '
SCAL E =64
Lor S�3 'p /V'0
_ .. n,i'® I VOI C,4 7 5 tilo v U1-7EA17 ,95 A/oTE U .
�• �� iso �,:
_- Zoo. 93
Zo4.1 �`Zo54' 3A, f.
100•S
2�zi, n 1
,
3 + 11343+� �E�r +209.2 q
220.e3 t25.3
�../P 398� A/ 88� 25 SO 'W 3/O O¢ roA -
/'¢"/jO 290 0¢
7 of . 220.0
/98.2 2
c`
_ 0
W
� 0
/ 19d. I V ti t Z�9 2 _t_2 7 a 0
� o
194.23 L,.-_ t o t20R.2 \ 21140 �
I\
289. 9
g ?4e.
S89` 20 ' 30' E. 309 93 h
{3 /93 6 Y _ Svr>'6tl-e �h 6B'�Z3nc -O.a�rOj /99. 7 S Tn
iAV> D % C - 8.915/S FDR BEAK'/NGS - Al 89*03 Y- 27/2. 56 ( \
AW
By Andrew J. Paris, ,:Jr. & Associates E XH IB I T "B "
F.OUGH ANDERSON Street Nacation -
A tract of land situated in Section 12 T.2 S.., t.1 W. of the.
',�fil�_1:t-'!ette Meridian, TaS111i1^t.Uri County , VIe40n, Jv1Q ;;loro partic-
ularly described as follows, to-writ
Se`in_1in€: at the southeast corner Of the WA Graham D1.6 .
IT ' 39, i••hich corner is identified by a stone in a monument bo._ in th
centerline of v'. •]. 72nd Avenue . Vro! said ;_lace of beEinl ing; th.., Ci
South ,89'031 bst (mac"i.sis An Bearings) along the south line of. slid
Grp•.'_ an D .L ." 2.0.02 feet to the asLerly rQht of vra; line cif
said
S.W. 72nd :venue ; thonce North 1°271101{ Last a ' ot_L said westerly rQht
of. ;'•Iay line of S.W. 7 2nd .iV%,"iu 24-02 feet to a 5/8
" iron rod in the
O1_?t'•1 r__, . 1 1.`.'.1v Of wi;I.h 11.:?P. of a dedicated rUud'a;: l and the true p1(..i,e
of beEiT"i ing of the roadway to be described. From said true Mace Ca:1
beEin inL; thence leaving said westerly right of way lire of MOM
Avenue , South 89'031 est (Recorded South 0042 00" • is std 330.21 feet
to an anEle point in jail ri` _t of :ray; thence Yorth. 1 ct 92015" � st
along; the westerly MOO Of >r;- ✓ lune of the herein dascribed
275 .18 fact to a Y iron pipe ; t an e cont inuinL alonL said westerly
rQht ofr - lint:: Korth 025110" East 175 '7 z .i, t 3 / rr
� J �x. j� 1� Iron pipe
in. the soutnerly bO':.i1?hary of RUll.,Q _"ii 1.1s i i l_.•tA thence _,Oi^`t.'11 80030
t
West (Plat _'arta 080481 West ) 10.00. feet to the i nit•i_l ,oiht of said
RollinE `'fills :0.2 Plat ; t_'ienh Horth 0241 (plot North 1'061 last )
^
alone; the easterly line of Lot L3 in said J.:::.L And te westo2ly r Lht
Of way line of the herein described roadway, 180.00 feet south!
1 1 P �' Cherry
L t rl
ar l_Y right o? ..lc;._� _line of J.';J . Cherry' Street ; 1� fence South 860307 E_'st
along t M southerly riot Of way line of 6. .. . Cherry Street , 50.00 feet '
to .the sortC"T:T=.?st corner of d0`in '.ajovski as inscribed in .::100'_•= 405 ,
1Le 22?, ?_?:wed 't ocards, .;as lington County, ,which northwest corner is
at the intersec.ti,. o.i: -i:,'fi aaazerly r Q n, Of MY .lina Of S.W. 74th 0
Avenue as describod in :3ogk 272 &Le 5734 Y ed : :cards, §shipgton
Cqpnty,, _. , thancec aV._r_Z saidsoutleily rQ in O. r7C:•y linef
S. 'i. a "I'''.?ray St.roat , sauther y along (`ha c:ustarlY riLAt Of way VM D
said j.'!. At i nv 'nue , 353-OG feet to a—1, 1/14" iron pipe ; thence con
inui, al oI L said nc:lstrly r i`ht of way line, South 025110,t :'Test
2215 . v' f 'et ( eco]. i jo�t-.i.t,'V 06I West. 225 -02• fee i, f to a 3/4 rt ipipe ;
� � 1• r'O_i
Uh nce .?O?i.tii COMM"" east 309-13 fact (10-card u_ .Lth 8001 ,..031 t07
find j to a 510 iron r•c-- 0 UT w7wonr!Z rQht o.. :•sit'• la.__.. of .said M.
72nd A o inn ; 'l _ :n .. South 147116" . 0 0 L : - 1 o sarly right of
KNOW ALL MKN BY rNSISE PRESENTS, Thist
in consederah'an of rlow
f I inn paid by
do A,,,by grant,bargain,srU and cow ity unto mud .4- -�t
reg,r r�r rare-Pest' Qf .q.j,,; Quly
heirs and assigins,all the 0 t ik-
and appurtrmane,it situated in th,,Counti of
.-i Stal.of onqiw, f-uwhd and described as foflowx,Pi.w,f
lr, in,,
1 rn1, n d 141<
feet t" v '1
fe, t
74 1.
4 •f e, t1t
t►e roint of begi-ninr.
Lane on NorV
bPginrin,- --t t�
Donotion Land C1 iir in ;pct.;.
H.^
N.Pet 24, W. feet t-
thence I.FMO�'4 1 6 7 feet trnc o"N
fence S.
feed hence 14 7. feet:
feet to tee point of tem T.: i
To How said to Hold,the above described"it granted jorrmi,iss unto the iavl
I I
h,,r,-4 a,xigns f-,r,rt
And
.......... the grantor
above natant do covenant to and"#A tA4 above named grante, r h,ir,and a-tq.,
ew..-Piv -Ar' -...lawfully seized in fee simply of th, that the c;i,w,
preatted premises are fete from all encumbranees,
Ir
and tA4t will and tk.*41 heirs, —cti,-and ad.i",xtrato-.iih.11 r.•r and i.,r-
as above granted presnises,and every part and parrel thereof,agasivt th, bri,ruj ciermx nape
fjatcmasido of art persons whomsoever,
If itx*" our hand sand xeala thin z r4a day of
4"
Executed in the Presence of
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