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2006-063125 ~ 68th Parkway ~ 69th Avenue Washington County,Oregon 2006.063125 9 7 06 10:14:03 AM 1 Cnta1 Stna13 C PFEIFER $65.00$6.00$11.00$100.00-Total a$182.00 � t I 00957962200600631250130131 I,Jerry Hanson,Director of Ass sssment and Taxatio n .• and Ex-Officio County Clark for Washington County, i Oregon,do hereby certify that the within Instrument of writing was received and recorded Inthe book of records of said county. Jerry R.Hanson,Director W sees went and Taxation,' Ex-Officio County Clerk 7' After Recording, Return to: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Name of Transaction: VACATION An Ordinance concerning the Vacation of five small portions of public right-of- way totaling 3,392 square feet along 68 thParkway and-691nAvenue, in the City of Tigard Washington County. Oregon (VAC 2005-00004 &VAC2005-00005). CITY OF TIGARD, OREGON ORDINANCE NO. 06- AN ORDINANCE VACATING FIVE SMALL PORTIONS OF PUBLIC RIGHT-OF-WAY TOTALING 3,392 SQUARE FEET ALONG 68' PARKWAY AND 69'm AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON(VAC2005-00004&VAC2005-00005). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on January 10, 2006, and has been recommended by the Community Development Department; and WHEREAS, Specht Development has requested that the City of Tigard vacate the above right-of-way of 3,392 square feet in area as described in exhibits A-I though A-5 and B-1 through B-5, as well as to accept dedication of three portions of right-of-way as described in exhibits C-1 through C-3 and D-I through D-3 to allow for the assemblage of eleven parcels of land north of SW Dartmouth Street between 68h Parkway and 69th Avenue for development purposes; and WHEREAS, all affected service providers, including utility companies and emergency 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 15.08.120,notice of the public hearing was posted in the area to be vacated and published in the newspaper; 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 February 28, 2006, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation,as provided by ORS 271.120 and TMC 15.08.130. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 3,392 square feet of public right-of-way as shown and described in the attached Exhibits A-I through A-5 and B-I through B-5 (legal descriptions and maps of the area to be vacated) and by this reference,made part thereof. SECTION 2: Said vacation is hereby conditioned and shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder; further, the ordinance will not be effective until the acceptance of right-of-way dedication as described in Exhibits C-I through C-3 and D-1 through D-3 by the City Engineer, and upon recording of a certified copy of the ordinance by the City Recorder. ORDINANCE No. 06- 0)— Page I 'PASSE'D: By Q nGJ 4 n loy,S vote of all Council members present after being read by number and title only,this ' day of 2006. 2006. Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this day of T ` ' � 2006. Craig Di en,Mayor Approved as to form: (J�i'ty Attorney a C)Lp Date �l Certified to be a tare copy of the Or&nal on file at 6y of x) Tigar�yC_zty Hall. +� M- —o City Recorder,City of Tigar Date & ! ORDINANCE No. 06- (3,1 Page 2 EXHIBIT A Page l of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Bog 7177 Beaverton;OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.�68'$PARKWAY RIGHT OF WAY VACATION TAX LOT#3001,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as descn`bed in deed to Jack B.Root and Wilma L.Root,recorded under Document Number 2004-123997,records of said county,lying in the southeast quarter of Section 36,Township 1 South;Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southerly end of a 25.00 foot radius curve between the right of way lines for S W. 68'h Parkway and S.W.Clinton Street at the southeasterly corner of said Jack B. Root and Wilma L.Rootparcel,said point being on the northerly right of way line S.W. Clinton Street and being marked by a 5/8"iron rod with a yellow plastic cap stamped "Northwest Surveying,LLC"; Thence along said 25.00 foot radius curve;being tangent with said northerly right of way line, to the left, and having a delta angle of 87'45'18",a long chord bearing North 46"06'27"East 34.66 feet,and a length of 38.29 feet to a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC''; Thence along the westerly right of way line of said S.W. 68°i Parkway,North 02"1348" East 83.65 feet to a point measuring 35.00 feet at right angles to the centerline of said S.W. 69'b Parkway, I Thence southerly parallel with the centerline of said S.W. 68'h Parkway, South.00"0344" East 82.58 to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 90°02'49",a long chord bearing South 44°57'41"West 35.37 feet and a length of 39.29 feet; Thence South 89°59'06"West 3.33 feet to the point of beginning. The above described tract contains 220 square feet,more or less. The basis of bearings for this description is between found monumentsalong the northerly right of way line of said S.W. Clinton Street,per survey number 30,016,on record with the Washington County Surveyor's Office. EXHIBIT B - EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION. FOR TAX LOT 3001 MAP 1S136DD R FOUND 5/8* IRON ROD WITH CITY OF TIGARD, WASHINGTON COUNTY, OREGON YELLOW PLASTIC CAP STAMPED *NORTHWEST SURVEYING, LLCw, AUGUST 8, 2005 PER SURVEY NUMBER 30,016 PACE 1 OF 1 CURVE TABLE co CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING to Co ci 39.29' 25V 90'02'49* 35.37' —S44*57'4l*W i al C2 38.29' 25.00' 87'45'1e 34.66' N46*06'27'E 35.00' C3 10.59' 2415!56* -Nl4'21'WE 25.W 10.511 C4 27.70! 25.00' 63-29'21- 26.31- N5814'25E 28 CL cn TAX LOT 3001. co cl:: Ci– ,DOC# 2004-123997 co ao RIGHT—OF—WAY VACATION PC uj 977 VACATION co t2 AREA +220 SQUARE FEET WQ- `" C> C) cn cni ail SCALE 1" 20 FEET �o I , cO POINT OF C3 REGISTERED L=10.59' PROFESSIONAL BEGINNING 35.00' LAND SURVEYOR -V L=10' V BASIS OF BEARINGS OREGON PER SURVEY # 30)016 AMay 15, 2002 CLINTON H. STUBBS JR. , N89'a9'06*E 166.36' 5546S S82S JR can)-�nnew C4 �E S89*59'Oi6"W RENEWAL DATE: 06/30/06 S.W. CUNTON STREET 3-33' L=27.70' PREPARED FOR: JOB NAME: DARTMOUTH ST. JOB NUMBER: 56 PO BOX 7177 SPECH! DEVELOPMENT, INC NORTHWEST BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 S URV - 503-843-2179 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX. DRAWN BY: CHS EMAIL: nwsurveyingOverizon.net EYING, LLC . . . EXMIT A—2. Page 1 of 1 Prepared By. NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY AND S.W. CLINTON STREET RIGHT OF WAY VACATION TAX LOT#6100,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Robert S.Hogg and Harriett L.Hogg,recorded under Book 303,Page 341,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southeast corner of said Robert S.Hogg and Harriett L.Hogg parcel, said point being on the westerly right of way line S.W. 68h Parkway,from said point a 5/8"iron rod with_a no cap bears South 89°48'48"West 0.05 feet; Thence along said westerly right of way line,North 00'03'44"West 75.32 feet to the beginning of a tangent curve; Thence along a curve to the left having a radius of 25-00 feet,a delta angle of 89"57'11", a long chord bearing North 45°02'19"West 35.34 feet,and a length of 39.25 feet to the southerly right of way line of S.W.Clinton Street; Thence parallel with the centerline of.said S.W. Clinton Street,North 89'59'06"East 5.00 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet,a delta angle of 89°57'11",a long chord bearing South 45°02'19"East 35.34 feet,and a length of 39.25 feet to a point 35.00 feet measured at right angles to the centerline of said S.W 68t Parkway; Thence parallel with said centerline,South 00°03144"East 75.31 feet to the easterly extension of the south line of said Robert S.Hogg and Harriett L.Hogg parcel; Thence along said easterly extension South 89°4848"West 5.00 feet to the point of beginning. The above described tract contains 501 square feet,more or less. The basis of bearings for this description is between found monuments along the southerly line of said Robert S.Hogg and Harnett L.Hogg parcel,per survey number 30,016,on record with-the Washington County Surveyor's Office. _ . r EXHIBIT B -2- EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6100 MAP 1 S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2Q05 PAGE 1 OF 1 - I - � N89'59'O6'E 3o.00' S.W. CZJNTON STREET' , N89'59'06'E N89'59'06'E 5.00' Rj�� L=39.25! 2s R=255.00' C2 TAX LOT 6100 BOOK 303, PANE 3413 35.00' RIGHT-OF-WAY VACATION o r AREA = +501 SQUARE FEET � I_ Y FOUND 5/8„ IRON ROD W TH RED PLASTIC CAP STAMPED 00 Z: La 'W.l M�I�. L5 808', w Q In PER SURVEY NUMBER 25,380 POINT OF `oC> z „ = BEGINNING V) E6 SCALE 1 30 FEET BASIS OF BEARINGS PER SURVEY f 30,016 I S89'48'48"W � o N89 48 48 E 89.95 , 5.00 t 35.00' ----J FOUND 5/8' IRON ROD WITH NO CAP-�I REGISTERED -PER OREGON STATE HIGHWAY t PROFESSIONALDEPARTMENT MAP 98-11-17 LAND SURVEYOR BEARS 148948'48'E 0.05'.TO EXISTING I CORNER OF TAX LOT 6100 , OREGON CURVE TABLE JAWrS, UBBS CLINTON CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING ON H H. STUB ,IR. 55469LS C1 39.25 25.00` - 89'57'11' 35.34' S45'02'19'E RENEWAL DATE: 06/30/06 C2 39.25' 25.00' 89'57'11' 35.34' N45'02'19'W PREPARED FOR: JOB NAME: DARTMOUTH ST. P DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST PO Box 7177 S ECHT DEVE BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-84.8-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 EMAIL: nwsurveying@�verizon.net DRAWN BY: CHS URVEYING, LLC EXHIBIT A-- Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97067 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY RIGHT OF WAY VACATION TAX LOT#6700 AND 6800,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,-Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma.L.Root, recorded under Document Number 99-002709,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West ofthe Willamette Meridian,more particularly described as follows: Begiunung at the northeast corner of said Cordon C.Root,Jack B.Root and Wilma L. Root parcel,-said point being on the westerly right of way line S.W.6e Parkway,from said point a 518"iron rod with a no cap bears South 89"48'48"West 0.05 feet; Thence along the easterly extension of the northerly line of said parcel,North 89'48'4$" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W.6e Parkway, Thence parallel with said centerline,South 00°03'44"East 101.71 feet to the easterly extension of the south line of said Gordon C.Root,Jack B.-Root and Wilma L.'Root parcel; Thence along said easterly extension North 89°5958"West 5.00 feet to the westerly right of way line of said S.W.68th Parkway; Thence along said westerly right of way line North 00°03'44"West 101.69 feet to the point of beginning. The above described tract contains 508 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Cordon C.Root,Jack B_Root and Wilma L.Root parcel,per survey number 30,016,on record with the Washington County Surveyor's Office. EXHIBIT B --3 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION A 5.00 FOOT WIDE RIGHT OF WAY VACATION FOR TAX LOT 6700 AND 6800 MAP 1S1.36DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 - PAGE 1 OF-1 FOUND 5/8" IRON ROD WITH ' RED PLASTIC CAP STAMPED r "W.LMc. LS 8080 , PER SURVEY NUMBER 25,380 POINT OF � r BEGINNING r BASIS OF BEARINGS r t PER SURVEY 130,016 rj -N89"48`48"E N89'48`487E 89.95` i 5.00'- - r t FOUND 5 f 8" IRON ROD VA IH NO CAPY 35.00' PER OREGON STATE HIGHWAY i , DEPARTMENT MAP 98-11-17 i0� j BEARS N89.48'48'E 0.05' TO EXISTING N CORNER OF TAX LOT 6100 I �.. I d r t TAX LOT 6700 do 6800 C1 DOC 199002709 of a RIGHT-OF-WAY VACATION �- 0" ' AREA = ±508 SQUARE FEET o n pt co SCALE 1 = 30 FEET or c° Ctfr r �I o o cv m c Zr e-.�1 �t I d i N89'59'58"W REGISTERED - 58959'58"E ``'j 5.00' PROFESSIONAL 35.00' LAND SURVEYOR r OREGON CURVE TABLE J►r+uMr ss,soot CLINTON H. STUSBS JR, CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING 55469LS C1 39.25 25.00` 89'57'11" 35.9 545'02'19"E RENEWAL DATE: 06/30/06 C2 39.25' 25.00' 89'57'11" 35.34' N45'02'19"W PREPARED FOR: JOB NAME: DARTMOUTH ST. SPECHT DEVELOPMENT INC JOB NUMBER: 56 NoRTHwEST Po ON, R 9 BEAVER70N, OR 97007 15400 RT N, OR 9 WAY DRAWING NUMBER: 56DEDICATIONS PHONE: 5033848821797 BEAVERTON, OR 97006 DRAWN BY: CHS R S �`����� LLC nwsurveyinqOterizon.neE r EXHIBIT A -- Page 1 of l Prepared By: NORTHWEST SURVEYING;LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.68T'PARKWAY RIGHT OF WAY VACATION TAX LOT#6600,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 98-056127,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast corner of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being on the westerly right of way line S.W.68h Parkway,and being marked by a 518"iron rod with a no cap; Thence along the easterly extension of the northerly line of said parcel,.South 89°59'58" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W. 6e Parkway, Thence parallel with said centerline, South 00°03'44"East 71.45 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet,a delta angle of 36°52'12'';a long chord bearing South 18"2222"West 15.81 feet,and a length of 16.09 feet to the westerly right of way line of said S.W.68th Parkway; Thence along said westerly right ofway.line North 00°03'44"West 86.46 feet to the point of beginning. The above described tract contains 408 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root,Jack B.Root and Wilma L.Root parcel,per survey number 30,016,on record with the Washington County Surveyor's Office. EXHIBIT B - 4 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP 1S136DD CITY OF TIGARD, VASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 POINT OF BASIS OF BEARINGS BEGINNING PER SURVEY 130,016 S89*5958*E 5895958nE 89.99' 5.00' \-FOUND 5/80 IRON ROD - - — 35.00' WITH NO CAP, PER 40.00! SURVEY NUMBER 19JI6 TAX LOT 6600 w1co DOCj 98-056127 RIGHT-OF-WAY VACATION Cc> ui " ZPI V Col. AREA +408 SQUARE FEET 1 14 o C> Clip C> co c C) C> cxi V3 to 5.00' L 0��L�2 FUTURE RIGHT OF WAY uil 35.00 cr> DEDICATION cn C> SCALE 1" = 30 FEET C2 m 40.00' R=25'00` 47.00 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON -CURVE TABLE AMM 15.2002 CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CLINTON H. STUBBS JR. 55469LS Cl 16.09, 25.06 36'52'127 15.81' S18"2222*W RENEWAL DATE' 06/30/06 C2 9.32' 25.00! 21721'15" 9.26' N47-29'06*E PREPARED FOR: JOB NAME: DARTMOUTH ST. T, INC JOB NUMBER: - 56 PO BOX 7177 SPECHT DEVELOPMEN . - NORTHWEST pEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS S URV F'AX: 503-848-2179 DRAMBY: CHS EMAIL: nwsurve,�ng@�verizon.net , EYING, LLc EXHIBIT A —57 Page 1 of 1 - Prepared By: NORTHWEST SURVEYING, LLC PO Bog 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.DARTMOUTH STREET AND S.W.69TH AVENUE RIGHT OF WAY VACATION TAX LOT#6300,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 98-056127,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southwest comer of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being on the easterly right of way line S.W. 69"Avenue, and being marked by a 5/8"iron rod with a no cap; Thence along the southerly line of said parcel,North 89`50'20"East 90.92 feet to apoint 47.00 feet measured at right angles from the centerline of said S.W.Dartmouth Street; Thence along a curve to the right,being a 47.00 foot offset from the centerline of said S.W.Dartmouth Street and having a radius of 393.47 feet,a delta angle of 9'13'26";a long chord bearing South 63°11'42"West 63.28 feet, and a length of 63.34 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet,a delta angle of 112°09'42"; a long chord bearing North 56°06'44"West 41.49 feet,and a length of 4894 feet to a point 30.00 feet measured at right angles to the centerline of S.W. 69th Avenue; Thence parallel with said centerline of S.W.69th Avenue,North 00°01'53"West 5.14 feet to the point of beginning. The above described tract contains 1,755 square feet,more or less. The basis of bearings for this description is between found monuments along the easterly right of way line of said S.W. W'Avenue,per survey number 30,016, on record with the Washington County Surveyor's Office. n Agenda Item No. t� For Agenda of L ii o . . Tigard City Council Meeting Minutes Date: February 28,2006 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard,Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Agenda Item Discussion&Comments Action Items (follow UP) Study Session Intergovern- Staff Presenter: Associate Planner Igarta mental Agree- ment(IGA) - City Council will be asked to approve an IGA on the See Consent Agenda Goal 5 Fish& Consent Agenda relating to the organization and No. 3.3,which was Wildlife Habitat— function of the Tualatin Basin Natural Resources adopted by the City Tualatin Basin Coordinating Committee(TBNRCC) Council. Partners Associate Planner Igarta reviewed the background leading up to the IGA as proposed. Approval of the IGA will extend the partnership with Tualatin Basin Partners for Natural Spaces to implement the fish and wildlife habitat protection program. Councilor Harding is the elected official liaison to the TBNRCC. Metro Council formally approved the Basin Program complying with Title 13 of the Regional Growth Management Functional Plan. Partners are now preparing to implement program elements to reach their goal of improving the Basin's environmental health and to comply with state and regional Goal 5 planning requirements. Tigard City Council Meeting Minutes Page 1 February 28,2006 Agenda Item Discussion&Comments Action Items (follow UP) Hall Boulevard Staff Presenter: City Engineer Duenas Consensus of City jurisdictional Council was that staff Transfer Information on this item is outlined in a February 22, should continue Discussion 2006 memorandum from City Engineer Duenas, discussions with ODOT which is on file in the City Recorders office. about transferring a portion of Hall The Oregon Department of Transportation has asked Boulevard to the City of local jurisdictions to consider the conditions under Tigard. which they would accept responsibility for the street. City Engineer Duenas noted Hall Boulevard is designated as a"road of interest',to the County. Local jurisdictions will be meeting with the Oregon Department of Transportation again in March. Council members discussed the potential transfer and suggested ideas for improvements before accepting jurisdiction: • address bridge issues over Fanno Creek(near City Hall and also at Oak Street) • clarify responsibility for the street between the City and the County • request full three-lane improvements to preserve an opportunity to for funding HallBlvd./99W Staff Presenter: Senior Planner Nachbar Consensus of City Design Modi- Council was to support fications Staff recommended that the Hall/99W intersection be the proposed considered as part of the contract work to be amendment to the performed by OTAK for streetscape design work. agreement with OTAK The goal would be to make this intersection more to add Hall Blvd./99W pedestrian friendly and to establish the area as a to the list of projects in gateway to the downtown(green theme). The City the streetscape design Center Advisory Commission endorsed staffs work• recommendation at its February 23,2006,meeting. Tigard City Council Meeting Minutes Page 2 February 28,2006 .Agenda Item Discussion& Comments Action Items (follow u Urban Services Staff Presenter: Senior Planner Nachbat Intergovern- mental Agree- This revision to the IGA is also on the Consent meat(IGA)with Agenda (Item No. 3.2). The revised IGA extends the cities of Tigard, term of the agreement from December 24,2002 to Tualatin, December 31,2008 and adds a section regarding the Beaverton,and relocation of utilities. TriMet,while not signing the Wilsonville,and IGA,is referred to as project manager. Senior Washington Planner Nachbar reported that Attorney Firestone County reviewed the IGA and found it acceptable. (Washington County— Wilsonville to Beaverton Commuter Rail Project) Executive Session The Tigard City Council went into Executive Session at 6S1 p.m.to discuss pending litigation under ORS 192.660(2)(h). Executive Session concluded at 7:08 p.m. Study Session ■ No Chamber of Commerce Representative will continued— attend tonight's meeting;Executive Director Administrative Monlux asked to be scheduled for an April City Items Council agenda. • Letter from Mr.Bob Storer was distributed (Agenda Item No, 6—Ash Creek Estates Public t Hearing) • Distributed to the City Council samples of new forms: • Redesign of Testimony Sign in Sheets for Citizen Communication and Public Hearing Testimony • New form: "Are you interested in serving on a City of Tigard Board,Committee or Commission? The forms were prepared as a result of the City Council's February 21,2006,discussion on improved communications. Tigard City Council Meeting Minutes Page 3 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u ■ The March 14,2006, City Council meeting is cancelled. Study Session concluded at 7:10 p.m. Business Meeting 1.1 Mayor Dirksen called the City Council and the Local Contract Review Board to Order at 7:31 p.m. 1.2 Council Present. Mayor Dirksen, Councilors Harding,Sherwood,Wilson,and Woodruff. 1.3 Pledge of Allegiance 1.4 Council.Communications&Liaison Reports - Councilor Harding announced a tree-planting event on March 4,Englewood Park,9 a.m. Councilor Harding announced Tigard-area CPO's are sponsoring a forum regarding 99W on Saturday, March 4, 9 a.m.- noon, Deb Fennell Auditorium Mayor Dirksen announced there would be no City Council meeting on March 14,2006. 1.5 Call to Council. and Staff for Non-Agenda Items: None 2. Citizen ■ John Frewing,7110 SW Lola Lane,Tigard,OR Communications 97223 referred to a City Council discussion last week about a performance audit of the Police Department. He suggested the City Council consider revisiting the idea of consolidating the Tigard Police Department with Washington County law enforcement. Mr. Frewing said there was potential for significant cost savings. Mayor Dirksen noted the City Council discussion last week was with the Financial Strategy Task Force. The Task Force reported that,after review,the City was providing the Tigard City Council Meeting Minutes Page 4 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u services that it should be. The Task Force recommended performance audits of targeted programs in the General Fund to determine if services are being provided efficiently. ■ Linda Moholt, 19181 SW 55'''Court,Tualatin, OR 97062,distributed information from the Tualatin Schoolhouse Pantry. She said the root cause of hunger stems from the need for affordable medical care as people must choose between paying for food or healthcare. She announced that in fall 2006,a free medical clinic will be available in the Washington County Ding City facility. The facility will be open one night a week staffed by volunteer doctors and nurses. Legacy and Providence are partners. A forum will be held April 25,7 p.m. at Meridian Park Hospital. Essential Health Clinic information was also distributed. ■ Pat Whiting,8122 SW Spruce Street,Tigard,OR 97223,announced a forum will be held on March 4,9 a.m.—12 p.m. at the Deb Fennell Auditorium. She noted state,county,and local officials would be present to discuss issues regarding 99W. Questions from the public, written on cards,will be submitted to the panel of speakers for response. If people are not able to attend,Councilor Harding suggested they write to the Oregon Department of Transportation with their concerns. Follow-Up—5s' City Manager Prosser reviewed issues that were Tuesday Meeting discussed at the last City Council Fifth Tuesday of January 31, Meeting: 2006 Height restrictions issues—radio tower. This was addressed in a February 23,2006,memorandum from the City Attorney. The neighbors are considering addressing their issue through their development's code,covenants,and restrictions (CC&R's). Investigate possibilities of a signal at Tigard and Main Street. This will be affected by the commuter rail crossing;it will be considered. Tigard City Council Meeting Minutes Page S February 28,2006 Agenda Item Discussion& Comments Action Items (follow UP) Park and Recreation Board meeting agendas and minutes have been posted on the City's web page. Staff will mail this information to anyone who requests it. Council could consider adding sidewalks to its next review of the street maintenance fee. The review is scheduled to take place in June 2007. Committee for Citizen Involvement will have recommendations regarding meetings held in neighborhoods to inform residents about new developments. Issues noted included that it seems as if there is a disconnect between the neighborhood meeting and what actually gets developed. 4 The property owner responsible for clearing trees at Beef Bend/1 47"-150th (approximately) complied with Code provisions. Burnham Street design is to be done in May and construction completed in fall 2008. • Use of franchise fees where collected is a City Council policy issue. Creating a task force to improve Durham Road right of way would be a Council decision. • Notification to neighbors if there are substantial changes to a development should be incorporated in the Committee for Citizen Involvement recommendations. 3. Consent 3.1 Approve Council Minutes for January 17 and 24, Motion by Councilor Agenda 2006 Sherwood,seconded by 3.2 Approve First Amendment to Urban Services Councillor Woodruff, to Intergovernmental Agreement with Cities of approve the Consent Tigard, Tualatin, Beaverton, and Wilsonville, and Agenda. Washington County (Washington County — Wilsonville to Beaverton Commuter Rail.Project) The motion was 3.3 Approve Intergovernmental Agreement GA — approved by a Tigard City Council Meeting Minutes Page 6 February 28,2006 Agenda Item Discussion& Comments Action Items (follow u Organization and Function of the Tualatin Basin unanimous vote of Natural Resource Coordinating Committee Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 4. Public Hearing The purpose of the public hearing is to consider a Motion by Councilor (Quasi-judicial): request by Larusso Concrete Company, Inc. and Harding, seconded by Vacation of An Richard Akerman&James Wathey concerning the Councilor Woodruff,to Un-Named proposed vacation involving an approximately 7,845 adopt Ordinance No. Public Right-of- square foot portion of an un-named public right-of- 06-01 with the Way East of SW way. amendment noted by 74`i'Avenue and staff in Section 2. East of the S P The petition was filed with the City on November 15, &S Railroad 2005 and initiated by the City Council at the request of The motion was Right-of-Way, the applicant on December 20,2005. Any interested approved by a North of person may appear and be heard for or against the unanimous vote of Durham Road proposed vacation of said Un-Named Portion of Council present. (VAC2005- Public Right-of-way East of SW 74d'Avenue Vacation. 00003) Any written objections or remonstrances were to have Mayor Dirksen Yes been filed with the City Recorder by 7:30 p.m.on Councilor Harding Yes February 28,2006. Councilor Sherwood Yes Councilor Wilson Yes Mayor Dirksen opened the public hearing. Councilor Woodruff Yes City Attorney Ramis reviewed the rules of procedure for this quasi-judicial hearing. Planning Manager Bewersdorff presented the staff report and noted the scope of the vacation request. The City did not pay for the right of way;the property was dedicated to the City when the property was platted. At that time,the subject property was considered to be needed for access;however,access is from SW 72°`'Avenue. City Attorney Ramis noted the question before the City Council is whether it is in the public's interest to vacate the property. Tigard City Council Meeting Minutes Page 7 February 28,2006 Agenda Item Discussion&Comments Action Items (follow UP) There were no declarations or challenges regarding ex parte contact,the Council's jurisdiction to hear this matter,or participation of any Council member. Public testimony: Ed Murphy,9875 SW Murdock Street,Tigard,OR 97224,advised he represented the applicants for this vacation. The applicants have applied for a zone change. Mr. Murphy described the development plans. Rich Ackerman and Jim Lang signed on the testimony sheets;however,they declined to testify. Mayor Dirksen closed the public hearing. Planning Manager Bewersdorff advised staff recommended that the City Council approve the proposed ordinance with a change to Section 2 to add that the City Recorder would record a certified copy of the ordinance and using the usual effective date language for ordinances. City Council considered Ordinance No. 06-01. ORDINANCE NO.06-01 —AN ORDINANCE VACATING AN APPROXIMATELY 7,845 SQUARE FOOT PORTION OF AN UN-NAMED PUBLIC RIGHT-OF-WAY WHICH LIES TO THE EAST OF SW 74TH AVENUE AND EAST OF THE S P&S RAILROAD RIGHT OF WAY,NORTH OF SW DURHAM ROAD,IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON (VAC2005- 00003) Tigard City Council Meeting Minutes Page 8 February 28, 2006 Agenda Item Discussion&Comments Action Items (follow u 5. Public Hearing The purpose of the public hearing is to consider a Motion by Councilor (Quasi-judicial): request by Specht Development,Inc.concerning the Wilson,seconded by Vacation of Five proposed vacation involving five(5) small portions of Councilor Sherwood,to Small Portions of public right-of-way totaling 3,392 square feet. adopt Ordinance No. Public Right-of- 06-02 with amendment Way Totaling The petition was filed with the City on September 9, to Section 2 as noted by 3,392 Square Feet 2005 and initiated by the City Council at the request of the staff. Along SW 68`" the applicant on January 10,2006. Any interested Parkway and 69ffi person may appear and be heard for or against the The motion was Avenue proposed vacation of said 68 Parkway Public Right- approved by a (VAC2005-00004 of-Way Vacation and 69h Avenue Public Right-of-Way unanimous vote of &VAC2005- Vacation. Any written objections or remonstrances Council present 00005) were to have been filed with the City Recorder by 7:30 p.m.,February 28,2006. Mayor Dirksen Yes Mayor Dirksen opened the public heating. Councilor Harding Yes Councilor Sherwood Yes City Attorney Ramis noted the rules of procedure for Councilor Wilson Yes this quasi-judicial hearing were the same as the rules for Councilor Woodruff Yes Agenda Item No.4. Planning Manager Bewersdorff presented the staff report and noted the scope of the vacation request. Section 2 should be amended to reflect that the ordinance would take effect once the conditions are met and 30 days after its passage by the Council,using the usual effective date language for ordinances. There were no declarations or challenges regarding ex parte contact,the Council's jurisdiction to hear this matter,or participation of any Council.member. There was no public testimony. Mayor Dirksen closed the public hearing. City Council considered Ordinance No.06-02: ORDINANCE NO.06-02-AN ORDINANCE VACATING FIVE SMALL PORTIONS OF PUBLIC RIGHT OF WAY,TOTALING 3.392 SQUARE FEET ALONG 60 PARKWAY AND 69TH AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON (VAC2005- 00004&VAC2005-00005). Tigard City Council Meeting Minutes Page 9 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u 6.Public Hearing The State Land Use Board of Appeals (LUBA) has Motion by Councilor (Quasi-Judicial) remanded for a second time the City Council's Sherwood,seconded by Land Use Board approval of a 29-lot Planned Development Councilor Wilson,to Subdivision on 9.3 acres and associated Zone rove Resolution No. of Appeals Change,Sensitive Lands,and Adjustment reviews to approve (LUBA)Remand address a single issue relating to tree preservation. 06-09,which is a of Ash Creek As limited by LUBA,the issue remanded is whether tentative decision until Estates the tree plan preserves trees to the greatest extent staff returns to City possible,given that the second tree plan does not Subdivision(Sub) protect 23 trees designated for protection in the Council with additional 20003- oiigi al tree plan,but not designated for protection findings. in 00010/Planned the revised treelan previously approved. On Development this second remand,the applicant has submitted a The motion was second revised tree plan that amends the first Review(PDR) revised tree plan by designating for protection the 23 approved by a majority 2003-00004/Zone trees specifically mentioned by LUBA. A full copy vote of Council present. Change (ZON) of LUBA's Final Opinion and Order can be 2003- obtained from City Hall at cost,or is also available Mayor Dirksen Yes 0003/Sensitive online at Councilor Harding No http://luba.state.or.us/pdf/2005/sei)tO5/05042.ht Councilor Sherwood Yes Lands Review m. LOCATION: 9750SW74Avenue;WCTM (SLR)2003- 1S125DC,Tax Lots 300 and 400. ZONE: R-4.5: Councilor Wilson Yes 00005/Adjust Low-Density Residential District. The R-4.5 Councilor Woodruff Yes ment(VAR)2003- zoning district is designed to accommodate detached single-family homes with or without Tbis matter will be before 00036/Adjustment accessory residential units at a minimum lot size of the Council again on March (VAR) 2003-00037 7,500 square feet. Duplexes and attached single- 28,2006,for final action. family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The only applicable criterion on the issue on which LUBA remanded is CDC 18.350.100.B.3.a.1,which requires thatplanned developments protect existing trees to the greatest degree possible. City Attorney Ramis reviewed a statement of the quasi-judicial land use hearing procedures. A copy of the text of the procedures is on file in the City Recorder's office. His remarks included the following: "Any person may offer testimony. This matter is on remand from the Land Use Board of Appeals on a single narrow issue and testimony will be limited to that issue. LUBA limited the scope of this hearingg to the question of whether CDC 18.350.1008.3.a.1 relating to tree protection is met with respect to 23 trees specified in the LUBA decision." Mayor Dirksen opened the public hearing. Planning Manager Bewersdorff reviewed the history of this matter as outlined in the Agenda Tigard City Council.Meeting Minutes Page 10 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u Item Summary. He noted the proposed resolution contains an additional finding and an additional condition,No. 59. Planning Manager Bewersdorff referred to the memorandum before the City Council from the City Attorney's office that also outlines the case before the City Council. City Attorney Ramis clarified that this case has been to LUBA more than once. Current status is that the City's decision had been upheld in all respects except for one point for further explanation and treatment by the Council. LUBA identified in Footnote 16 of this case 23 trees and asked that the Council consider how those trees are being treated in the protection plan. LUBA said that the treatment of these trees needed to be explained under the City standard,which says, "Preserve to the greatest extent possible the trees on the site."Before the City Council is a letter from the applicant noting that each of the 23 trees identified by LUBA can and will be preserved mi the final development plan. City Attorney Ramis advised that a letter had been submitted to the City Council from Bob Storer. This letter will be included in the Record;however, City Attorney Ramis advised the City Council should consider the testimony carefully and not go beyond the scope of the LUBA remand. He advised that he did not believe any of the points stated in Mr. Storer's letter address the issue that LUBA has remanded. The letter asks the City Council to broaden the scope of the hearing beyond LUBA's specified scope,but this would violate LUBA's decision. City Attorney Ramis said his advice would be to not broaden the scope of the hearing. Mr. Storer's letter also argues about preserving trees,other than the 23 trees that are at :issue and,again,this would be beyond the scope of the hearing. Mr. Storer's letter urges the City Council to deny the application even if the application meets the Code criteria;however,the City Council would not have such authority to do so in this proceeding. If the City Council wants to change the rules,it must be done within a process other than ai-judicial hearing. Mr. Storer's letter argues Zrfathe use of conservation easements, which are not at issue. The letter argues for compliance with laws of other jurisdictions which, again,is not before the City Council. Mr. Storer argues for the City to purchase the property and that issue is also not before the City Council. Declarations and Challenges: Councilor Harding advised she attempted to visit the site;however,the ropetty is posted as "private property." Mayor Tigard City Council Meeting Minutes Page 11 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u Dirksen advised that he was well aware of the location of this site. John Frewing,7110 SW Lola Lane,Tigard,OR 97223,challenged and requested clarification with regard to the adequacy of disclosure of ex pante contact between the decision makers and the Elicant. A description of Mr. Frewing's ections is in writing and on file in the City Recorder's office. As outlined by Mr. Frewnng,the alleged ex parte contact was evidenced in a newspaper column written by Rick Bella in the February 16,2006, 1'be Oregonian. This article quoted Mayor Dirksen commenting on donation of property to the City by the developers for Ash Creek Estates Subdivision. City Attorney Ramis advised that,under the proceedings used by the City of Tigard,now is the tune to conduct the proceeding to determine whether there is bias or ex parte communications. City Attorney Ramis recommended against the continuance requested by Mr. Frewing unless it turns out during the process of exams g that question,there is a need to do that. Before proceeding with City Council comments,City Attorney Ramis recommended the other parties to the case have an opportunity to comment on this request. Chris Koback,representing the applicant,and Dale Richards of Winwood Construction advised that they had no communications with the Tigard City Council members outside the hearing process. City Attorney Ramis asked the City Council members if there had been any discussion with the applicant or with the applicant's representative about the subjects Mr.-Frewing has raised and also whether there might be some open space,as part of this application,which would bias City Council and prevent them from making a fair decision based upon the criteria and facts presented. Councilor Wilson advised that he has not talked to the owner or the developer other than within the public meetings. In addition,he noted that acquisition of the property by the City would not bias his decision. He might, since the accusation has been raised,want to decline to accept donated property to make sure there is no hint of .impropriety or quid pro quo. Councilor Sherwood advised she has not spoken to the applicant or applicant representatives other than in the meetxn ;nor has she spoken to the Tigard City Council Meeting Minutes Page 12 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u press. She agreed with Councilor Wilson's statement if it was thought she would be biased if the property was accepted,then she would support turning it down. Council Woodruff said this process began before his term on City Council started. He said he has had no contact with any of the people involved. He advised he had no conflict Councilor Harding advised that the process began before her term on Council began. She has had no contact with the developer,the attorney,or Mr. Frewing. City Attorney Ramis asked to clarify—Councilor Woodruff had indicated he had had no ex parte communications and asked if there was anything about the case that would bias him in one way or another. Councilor Woodruff said,"No." Mayor Dirksen noted that he was interviewed by Oregonian Columnist Bella and he did make a statement with regard to potential for a portion of this parcel,which he understood the acreage that M be donated to the City was not developable. The Mayor's comment in Mr. Bella's article was based on a discussion with Interim Community Development Director Coffee. In addition,he noted that the article might be incorrect insofar as he is not certain that a donation has taken place. Mayor Dirksen advised that the only discussion he has had regarding this matter has been with City of Tigard staff. He has not met or talked with anyone outside of the public hearing. He noted that he had,in fact, on previous occasions approved this Planned Development before there was any thought that land might be donated. City Attorney Ramis advised he had not heard anything that would indicate either there has been ex parte communication or that any Council member has found a reason that they could not, because of bias,hear the case. He recommended the City Council proceed with the hearing;any decision reached tonight be a tentative decision so that the City Attorney can come back with findings for the City Council to consider that would address the ex parte communication and bias issues as well as the substantive decision that the City Council renders. City Manager Prosser noted the City has not taken title to any land. He noted the possible land donation would be something to explore;this matter has been referred to the Parks and Tigard City Council Meeting Minutes Page 13 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u Recreation Advisory Board,which has been working on criteria for when and how the City might accept donated land. No action has been taken on this piece of property in any way whatsoever. Mayor Dirksen also noted,with reference to the 23 trees under review at this hearing,he has no idea whether the trees are located in property that might be donated to the City;therefore,he did not see how this would have any impact on tonight's decision. City Attorney Ramis affirmed,upon a question from Councilor Woodruff,that the only issue before the City Council at this time is regarding the 23 trees per the LUBA remand;there is no choice before the City Council regarding whether or not the City should allow the project to move forward. Applicant's Statement: Chris Koback,represen the applicant,noted that subsequent to the LURA remand the applicant was to either justify removing the 23 trees or show a plan saving the 23 trees. They chose to save the 23 trees. Councilor Wilson asked whether an arborist was involved in the decision whether the trees could be saved or not? Mr.Koback said there was an arborist that prepared the report. An arborist was not involved in the decision to save the trees. It was not a question of whether the trees were dead or diseased;these trees were under 12-inches in diameter and were going to be removed because, the Code as they interpreted,allowed them to remove trees less than 12 inches. LUBA directed them to look at this again,they did and the trees will be saved. Public Testimony: Mayor Dirksen called upon Mr. Frewing to speak as an opponent and reminded Mr. Frewmg that the only issue before the City Council was with regard to the 23 trees. John Frewing,7110 SW Lola Lane,Tigard, Oregon,commented that he believed the laws requited him to register his objection on the adequacy of the ex parte disclosure. He said he does register an objection to keep his opportunity alive for an appeal. Mr. Frewing said his second objection was Tigard City Council Meeting Minutes Page 14 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u regarding the scope of the hearing. He noted the City Attorney has advised the City Council cannot consider anything other than the 23 trees without violating the LUBA order. Mr. Frevrmi said his understanding was that the City Council could,of its own will,change the scope of the hearing. Mr. Frewing reviewed his testimony regarding the 23 trees. He also submitted a document for the record,which outlined his testimony. He referred to the revised tree preservation location drawing dated September 22,2005, and said the application materials fall short of compliance to preserve the 23 trees. He referred to a drawing an how the trees were marked and then returned to his prepared comments whereby he outlined how the application materials fall short of compliance. After reviewing comments relating to the 23 trees, Mr. Frewing then referred to his written comments and outlined his issues with regard to the decision process_ City Attorney Ramis requested that Mr. Frewing keep his testimony tied to the issue of the 23 trees.Mr. Frewing explained his comments were in two parts: 1)23 trees and the 2) the hearing rrocess and his rights within the hearing process. ity Attorney Ramis said Mr. Frewing could continued but noted much of the testimony presented by Mr. Frewing appeared to be repetitive of issues already ruled upon by LUBA;therefore, these issues would not be before the City Council. Mr. Frewing said he did not think the issues had been addressed by LUBA. Mr. Frewing's written testimony was incorporated into the meeting record. Mr. Frewing requested that staff be asked to prepare findings to deny the application. In response to a question from Mayor Dirksen,Mr. Frewing advised he was in favor of the 23 trees being reserved but noted there were inconsistencies with the drawing regarding which trees are to be saved. Meeting recessed at 9:03 p.m. Meeting reconvened at 9:10 p.m. Rebuttal: Mr.Koback responded to Mr. Frewing's testimony and advised that the large tree plan was not revised. The applicant submitted a new drawing that the Tigard City Council Meeting Minutes Page 15 February 28,2006 .Agenda Item Discussion& Comments Action Items (follow u thought was consistent with LUBA's dictate that showed that the 23 trees would be preserved. The Condition, as drafted by staff and agreed to by the !a pplicant,specifically references that plan. Therefore,he does not think there is any confusion about how and what will happen. The applicant will guarantee the 23 trees will be preserved. The trees are not identified by species as noted by Mr. Frewing;this issue was raised at the Court of Appeals and the Court rejected the argument presented by Mt. Frewmg on this issue. Mr.Koback said the argument referenced by Mr. Frewing dealing with tree protection;however, LUBA's dictate was very specific—it was on preserving trees to the extent possible. It did not talk about protection. Mr. Koback said evidence is in the record with regard to how the trees will be protected during construction.This was an issue that Mr. Frewmg raised at LUBA and LUBA agreed with the applicant that what the applicant has submitted is adequate. Mr.Koback advised that new plans and standards raised by Mr. Frewmg asre not applicable as the applicant is entitled to comply with the laws in place at the time the application for this development was filed. Mr. Koback said the plan now before the City Council was not prepared by an arborist;"x's"were taken off the 23 trees to show that they would be protected from removal. The fencepost argument raised by Mr. Frewmg relates to tree protection,which is a separate issue and is not part of the LUBA remand. There was discussion on the 23 trees and the requirements by LUBA;these trees are marked and are a net increase in the amount of trees that will be saved. There is no requirement for a formal tree plan. Mr.Koback said his client has clearly identified the trees to be saved. Mr.Richards said he personally marked the trees to be saved. There was discussion about the penalty that could be applied during the construction phase if a tree is not saved,including a$500 fine plus the value of the tree and payment for mitigation requirements. Mr.Koback,in response to a question from Councilor Woodruff,said that nothing in the plan has been changed from the application. An arborist report was required;Terry Flanagan was the arborist. Tigard City Council Meeting Minutes Page 16 February 28,2006 Agenda Item Discussion&Comments Action Items (follow UP) In response to a question by Mayor Dirksen, Planning Manager Bewersdorff advised that to his knowledge F23 plication has not been changed from the orapplication other than to protect an additionrees. City Attorney Ramis noted the March 14 City Council meeting has been cancelled. He asked the applicant if they had any obJ'ection to the final order being considered by the City Council at its March 28,2006,meeting. The applicant did not object. In response to a question from Councilor Wilson and Councilor Harding regarding whether the staff was concerned about whether it was clear as to which 23 trees were to be saved,Plainning Manager Bewersdorff advised the trees were marked on the plan and the trees were numbered;it was clear. Mr.Koback said that the previous report has not been changed. There is the new plan showing the 23 trees that are to be saved,but the large document originally submitted was not changed. Councilor Woodruff asked the City Attorney about the LUBA decision. City Attorney Ramis read the Ianguage from the LUBA decision: "We also caution that our remand does not obligate the City to provide petitioner with another oppportunity to identify additional trees that might bereserved. The City's obligation on remand is limited to the trees.identified in note 16 of this opinion." Mayor Dirksen and Councilor Sherwood advised they had no desire to open the hearing to consider additional issues. Councilor Harding noted she would like to reopen for further review if there was any evidence that the K value had been increased(steepness of slope) and referred to the interpretation that can be made by the City Engineer. She said that she did not want to see the citizens and the City have to pay for repairs in the future due to things that may not hold over time. When she did the site visit she could not physically go on the property. She referred to the actual severity of the steepness of the slope. Mt. Frewing advised that new information was being discussed and he asked for an opportunity for rebuttal. City Attorney Ramis advised City Tigard City Council Meeting Minutes Page 17 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u Council to allow opportunity for additional comment and then allow the applicant to rebut. Mr.Frewing said that Mr.Richards advised the trees to be saved have been marked with numbers, but Mr.Frewing cannot go on the site. From what he has been able to observe,the tree maskers and the tree numbering does not correspond to the drawing. There was no rebuttal. Ci Attorney Ramis noted the trees were identified in footnote 16 of the LUBA decision. The only commentsgermane to this hearing were that these trees are to be saved. Enforcement and saving of the trees comes later. Mayor Dirksen closed the public hearing. The City Attorney recommended that the City Council make a decision as framed by LUBA, which is to either explain why the trees can removed or rule that the trees must be preserved. It seems to be that the applicant is proposing to preserve the trees. City Council considered and adopted Resolution No. 06-09,which will be a tentative decision until staff returns with findings for Council consideration.: RESOLUTION NO.06-09—A RESOLUTION AND FINAL ORDER APPROVING THE ASH CREEK ESTATES SUBDIVISION (SUBDIVISION (SUB) 2003-00010/PLANNED DEVELOPMENT REVIEW (PDR)2003- 00004/ZONE CHANGE (ZON) 2003-00003/ SENSITIVE LANDS REVIEW (SLR) 2003- 00005/ADJUSTMENT (VAR)2003-00036/ ADJUSTMENT(VAR) 2003-00037/ -ON REMAND FROM LUBA;AND ADOPTING FINDINGS AND IMPOSING CONDITIONS. (City Recorder's note: Agenda Items were considered out of the order listed on the Agenda. The next item heard was Agenda Item No. 10.) Tigard City Council Meeting Minutes Page 18 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u 10. Consider Staff Presenter: City Engineer Duenas Motion by Councilor Establishing a Woodruff,seconded by Proposed Local The PowerPoint presentation overview is on file in Councilor Sherwood,to Improvement the City Recorder's office. adopt Resolution No. District(LID) as a 06-10. Project in the FY There was discussion on the process for this LID. 2005-06 Capital Property owners within the area will be notified of The motion was Improvement this potential Local Improvement District. A approved by a Program (CIP), favorable decision tonight to proceed will begin the unanimous vote of and Directing the study process. At a later meeting,the City Council Council present. Preparation of a will consider a recommendation whether to proceed Preliminary or terminate the proceedings. There will be an Mayor Dirksen Yes Engineer's Report opportunity for public comment on whether to form Councilor Harding Yes for the Proposed this LID. Specht Development is funding the cost for Councilor Sherwood Yes LID in the Tigard the study regarding formation of the LID. If the LID Councilor Wilson Yes Triangle and moves forward,then the study expenses will be Councilor Woodruff Yes Authorizing the included in the final costs for the LID. Establishment of a Funding Greg Specht,President of Specht Development, Mechanism for identified the properties owned by Specht and the Preparation of reviewed the requirements associated with"floor area the Report ratios" (FAR). He described the type of development Specht decided it would like to place on the property, which requires a larger parcel of property to meet Code requirements. In addition,Ed Murphy (also representing Specht Development) referred to the LID procedures and that the City's preference is that an LID is not a single-owner LID. Approximately 60 percent of the property is owned by Specht Development. Mr. Specht noted that about 21 percent of the properties are owner occupied;these owners would be the most impacted with the formation of the LID. He pointed out that this property is within the MUE (Mixed Used Employment) and planned for future employment opportunities and transportation connectivity. Council and staff discussed that this was a preliminary step;more evaluation would take place later,including input from other property owners. Tigard City Council Meeting Minutes Page 19 February 28,2006 Agenda Item Discussion& Comments Action Items (follow u Councilor Wilson noted ex parte contact in that he did speak with Mr. Specht previously about the FAR requirements. He advised that they did not talk about the formation of an LID. Councilor Wilson advised this conversation would not influence his decision in this matter. City Council considered Resolution No. 06-10 RESOLUTION NO. 06-10—A RESOLUTION DIRECTING THE ENGINEERING STAFF TO ESTABLISH A PROPOSED LOCAL IMPROVEMENT DISTRICT(LID)AS A PROJECT IN THE FY 2006-06 CIP(CAPITAL IMPROVEMENT PROGRAM),DIRECTING THE PREPARATION OF A PRELIMINARY ENGINEER'S REPORT FOR THE PROPOSED LID IN THE TIGARD TRIANGLE AND AUTHORIZING THE ESTABLISHMENT OF A FUNDING MECHANISM FOR THE PREPARATION OF THE REPORT 11. Consider The proposed budget amendment is related to Agenda Motion by Councilor Budget Amend- Item No. 10. Specht development is depositing Sherwood, seconded by meat#10 to the $125,000 to fund the Preliminary Engineer's Report. Councilor Wilson,to FY 2005-06 While the total Preliminary Engineer's Report cost is adopt Resolution No. Budget to $125,000,it is anticipated that only$70,000 of this 06-11. Increase Appro- total cost will be incurred in FY 2005-06. priations in the The motion was Gas Tax Fund for City Manager Prosser noted that Specht approved by a Funding of the Development's deposit will be placed in the Gas Tax unanimous vote of Preliminary fund and will actually fund the cost of the report. For Council present. Engineer's Report budgetary purposes,it is necessary to do a for the Proposed contingency transfer of$70,000 from the Gas Tax Mayor Dirksen Yes Local Fund to the Gas Tax Capital Improvement Project Councilor Harding Yes Improvement budget to appropriate the necessary funds. The City Councilor Sherwood Yes District (LID) for will include the cost of preparing the report in the Councilor Wilson Yes Infrastructure total cost of the LID if the City establishes the district. Councilor Woodruff Yes Improvements in If the LID is not formed, Specht Development's the Tigard deposit will be used to fund the report's cost. Triangle City Council considered Resolution No. 06-11. Tigard City Council Meeting Minutes Page 20 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u RESOLUTION NO. 06-11 —A RESOLUTION APPROVING BUDGET AMENDMENT#10 TO THE FY 2005-06 ADOPTED BUDGET TO INCREASE APPROPRIATIONS IN THE GAS TAX FUND FOR FUNDING OF THE PRELIMINARY ENGINEER'S REPORT FOR THE PROPOSED LOCAL IMPROVEMENT DISTRICT(LID) FOR INFRASTRUCTURE IMPROVEMENTS IN THE TIGARD TRIANGLE 7.Local Contract Staff Presenter: City Engineer Duenas Review Board— Post-Project The PowerPoint presentation overview is on file in Evaluation Report the City Recorder's office. of the CM/GC (Construction The post-project evaluation report should have been Manager/General submitted to the Local Contract Review Board within Contractor) 30 days of acceptance and final payment of the Contract for the project and that it be made available to the public. Tigard New The evaluation is intended to comply with the above Library Project requirement although the required submittal period has expired. The use of the CM/GC method ensured control of costs through the design and construction phases. Because of the collaborative nature of the process,the new library was constructed on time and within the budget set for the project. City Manager Prosser advised that this method of construction was used for the first time by the City of Tigard for the new library building. It would clearly be of benefit to use this process again. LCRB Chair Dirksen acknowledged the success of the project. 8. Consider an Staff presenter: Public Works Director Koellermeier Motion by Councilor Intergovernmental Sherwood, seconded by Agreement(IGA) Approval of the IGA would fund a water supply Councilor Harding,to for Joint Funding system plan with the City of Lake Oswego. The City approve the of a Water Supply of Tigard has been a Lake Oswego water customer Intergovernmental System Plan with since the early 1960's. The IGA would set the Agreement. the City of Lake groundwork for a future joint ownership of a water Oswego s stem with Lake Oswego. On February 8,the The motion was Tigard City Council Meeting Minutes Page 21 February 28,2006 i Agenda Item Discussion&Comments Action Items (follow u Intergovernmental Water Board recommended approved by a approval of the IGA. unanimous vote of Council present. City Manager Prosser noted the City of Lake Oswego's water source is the Clackamas River. Mayor Dirksen Yes Councilor Harding Yes Councilor Woodruff advised that the City is looking Councilor Sherwood Yes at a number of options for long-term water sources Councilor Wilson Yes and he was very much in favor of moving ahead with Councilor Woodruff Yes the IGA. There was discussion on the cost for the work to be done as outlined in the IGA,with Councilor Harding expressing her hope that it could be less expensive. Public Works Director Koellermeier reviewed that the high cost was driven by the level of engineering detail required. Councilor Woodruff acknowledged the high expense noting that this is a long-term investment for multiple millions of dollars;the City is coming to the time where it will have to make long-term decisions. 9. Consider Staff Presenter: Interim Community Development Council consensus was Pursuing Design Director Coffee to direct staff to pursue Modification of the design modifications the Intersection at The design modification for this project would be to as outlined in the Hall Boulevard include pedestrian improvements,landscaping Agenda Item Summary. and 99W to enhancements,and a potential gateway. The Include Pedestrian amendment to the streetscape contract with OTAK Improvements, for$7-10,000 would provide design and engineering Landscaping services for intersection modifications. Washington Enhancements County is presently managing the design of and a Potential improvements to the intersection. There is an Gateway opportunity now as part of the design process for the City to potentially include these additional design modifications. Tigard City Council Meeting Minutes Page 22 February 28,2006 Adjournment Council meeting adjourned: 10:21 p.m. Motion by Councilor Harding, seconded by Councilor Woodruff,to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodmff Yes Catherine Wheatley,City Recorder Attest: Mayor,Ci of Tigard Date: , '1 Tigard City Council Meeting Minutes Page 23 February 28,2006 r Y Agenda Item No. For Agenda of V// d Tigard City Council Meeting Minutes Date: February 28,2006 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard,Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Agenda Item Discussion& Comments Action Items (follow UP) Study Session Intergovem- Staff Presenter: Associate Planner Igarta mental Agree- ment(IGA) - City Council will be asked to approve an IGA on the See Consent Agenda Goal 5 Fish& Consent Agenda relating to the organization and No. 3.3,which was Wildlife Habitat— function of the Tualatin Basin Natural Resources adopted by the City Tualatin Basin Coordinating Committee(TBNRCC) Council. Partners Associate Planner Igarta reviewed the background leading up to the IGA as proposed. Approval of the IGA will extend the partnership with Tualatin Basin Partners for Natural Spaces to implement the fish and wildlife habitat protection program. Councilor Harding is the elected official liaison to the TBNRCC. Metro Council formally approved the Basin Program complying with Title 13 of the Regional Growth Management Functional Plan. Partners are now preparing to implement program elements to reach their goal of improving the Basin's environmental health and to comply with state and regional Goal 5 planning requirements. Tigard City Council Meeting Minutes Page 1 February 28,2006 Agenda Item Discussion& Comments Action Items (follow UP) Hall Boulevard Staff Presenter: City Engineer Duenas Consensus of City Jurisdictional Council was that staff Transfer Information on this item is outlined in a February 22, should continue Discussion 2006 memorandum from City Engineer Duenas, discussions with ODOT which is on file in the City Recorder's office. about transferring a portion of Hall The Oregon Department of Transportation has asked Boulevard to the City of local jurisdictions to consider the conditions under Tigard. which they would accept responsibility for the street. City Engineer Duenas noted Hall Boulevard is designated as a"road of interest"to the County. Local jurisdictions will be meeting with the Oregon Department of Transportation again in March. Council members discussed the potential transfer and suggested ideas for improvements before accepting jurisdiction: • address bridge issues over Fanno Creek(near City Hall and also at Oak Street) • clarify responsibility for the street between the City and the County • request full three-lane improvements to preserve an opportunity to for funding Hall Blvd./99W Staff Presenter: Senior Planner Nachbar Consensus of City Design Modi- Council was to support fications Staff recommended that the Hall/99W intersection be the proposed considered as part of the contract work to be amendment to the performed by OTAK for streetscape design work. agreement with OTAK The goal would be to make this intersection more to add Hall Blvd./ 99W pedestrian friendly and to establish the area as a to the list of projects in gateway to the downtown(green theme). The City the streetscape design Center Advisory Commission endorsed staff's work. recommendation at its February 23,2006,meeting. Tigard City Council Meeting Minutes Page 2 February 28,2006 Agenda Item Discussion&Comments Action Items (follow UP) Urban Services Staff Presenter: Senior Planner Nachbar Intergovem- mental Agree- This revision to the IGA is also on the Consent ment(IGA)with Agenda (Item No. 3.2). The revised IGA extends the cities of Tigard, term of the agreement from December 24,2002 to Tualatin, December 31,2008 and adds a section regarding the Beaverton,and relocation of utilities. TriMet,while not signing the Wilsonville,and IGA,is referred to as project manager. Senior Washington Planner Nachbar reported that Attorney Firestone County reviewed the IGA and found it acceptable. (Washington County— Wilsonville to Beaverton Commuter Rail Project) Executive Session The Tigard City Council went into Executive Session at 6:51 p.m.to discuss pending litigation under ORS 192.660(2)(h). Executive Session concluded at 7:08 p.m. Study Session ■ No Chamber of Commerce Representative will continued— attend tonight's meeting;Executive Director Administrative Monlux asked to be scheduled for an April City Items Council agenda. ■ Letter from Mr.Bob Storer was distributed (Agenda Item No. 6—Ash Creek Estates Public Hearing) • Distributed to the City Council samples of new forms: • Redesign of Testimony Sign in Sheets for Citizen Communication and Public Hearing Testimony • New form: "Are you interested in serving on a City of Tigard Board,Committee or Commission? The forms were prepared as a result of the City Council's February 21,2006,discussion on improved communications. Tigard City Council Meeting Minutes Page 3 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u ■ The March 14,2006,City Council meeting is cancelled. Study Session concluded at 7:10 p.m. Business Meeting 1.1 Mayor Dirksen called the City Council and the Local Contract Review Board to Order at 7:31 p.m. 1.2 Council Present: Mayor Dirksen, Councilors. Harding,Sherwood,Wilson,and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports ' Councilor Harding announced a tree-planting event on March 4,Englewood Park,9 a.m. Councilor Harding announced Tigard-area CPO's are sponsoring a forum regarding 99W on Saturday, March 4, 9 a.m.- noon, Deb Fennell Auditorium * Mayor Dirksen announced there would be no City Council meeting on March 14,2006. 1.5 Call to Council and Staff for Non-Agenda Items: None 2. Citizen ■ John Frewing,7110 SW Lola Lane,Tigard,OR Communications 97223 referred to a City Council discussion last week about a performance audit of the Police Department. He suggested the City Council consider revisiting the idea of consolidating the Tigard Police Department with Washington County law enforcement. Mr. Frewing said there was potential for significant cost savings. Mayor Dirksen noted the City Council discussion last week was with the Financial Strategy Task Force. The Task Force reported that,after review,the City was providing the Tigard City Council Meeting Minutes Page 4 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u services that it should be. The Task Force recommended performance audits of targeted programs in the General Fund to determine if services are being provided efficiently. Linda Moholt, 19181 SW 55d'Court,Tualatin, OR 97062,distributed information from the Tualatin.Schoolhouse Pantry. She said the root cause of hunger stems from the need for affordable medical care as people must choose between paying for food or healthcare. She announced that in fall 2006,a free medical clinic will be available in the Washington County Ding City facility. The facility will be open one night a week staffed by volunteer doctors and nurses. Legacy and Providence are partners. A forum will be held April 25,7 p.m. at Meridian Park Hospital. Essential Health Clinic information was also distributed. ■ Pat Whiting, 8122 SW Spruce Street,Tigard,OR 97223,announced a forum will be held on March 4,9 a.m.--12 p.m.at the Deb Fennell Auditorium. She noted state,county,and local officials would be present to discuss issues regarding 99W. Questions from the public, written on cards,will be submitted to the panel of speakers for response. If people are not able to attend,Councilor Harding suggested they write to the Oregon Department of Transportation with their concerns. Follow-Up—5s' City Manager Prosser reviewed issues that were Tuesday Meeting discussed at the last City Council Fifth Tuesday of January 31, Meeting: 2006 • Height restrictions issues—radio tower. This was addressed in a February 23,2006,memorandum from the City Attorney. The neighbors are considering addressing their issue through their development's code,covenants,and restrictions (CC&R's). Investigate possibilities of a signal at Tigard and Main Street. This will be affected by the commuter rail crossing;it will be considered. Tigard City Council Meeting Minutes Page 5 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u 4 Park and Recreation Board meeting agendas and minutes have been posted on the City's web page. Staff will mail this information to anyone who requests it. Council could consider adding sidewalks to its next review of the street maintenance fee. The review is scheduled to take place in June 2007. + Committee for Citizen Involvement will have recommendations regarding meetings held in neighborhoods to inform residents about new developments. Issues noted included that it seems as if there is a disconnect between the neighborhood meeting and what actually gets developed. • The property owner responsible for clearing trees at Beef Bend/147d'-150`h (approximately) complied with Code provisions. Burnham Street design is to be done in May and construction completed in fall 2008. + Use of franchise fees where collected is a City Council policy issue. Creating a task force to improve Durham Road right of way would be a Council decision. • Notification to neighbors if there are substantial changes to a development should be incorporated in the Committee for Citizen Involvement recommendations. 3. Consent 3.1 Approve Council Minutes for January 17 and 24, Motion by Councilor Agenda 2006 Sherwood, seconded by 3.2 Approve First Amendment to Urban Services Councilor Woodruff,to Intergovernmental Agreement with Cities of approve the Consent Tigard, Tualatin, Beaverton, and Wilsonville, and Agenda. Washington County (Washington County — Wilsonville to Beaverton Commuter Rail Project) The motion was 3.3 Approve Intergovernmental Agreement GA — approved by a Tigard City Council Meeting Minutes Page 6 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u Organization and Function of the Tualatin Basin unanimous vote of Natural Resource Coordinating Committee Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 4.Public Hearing The purpose of the public hearing is to consider a Motion by Councilor (Quasi-judicial): request by Larusso Concrete Company,Inc.and Harding,seconded by Vacation of An Richard Akerman&James Wathey concerning the Councilor Woodruff,to Un-Named proposed vacation involving an approximately 7,845 adopt Ordinance No. Public Right-o£ square foot portion of an un-named public right-of- 06-01 with the Way East of SW way. amendment noted by 74''Avenue and staff in Section 2. East of the S P The petition was filed with the City on November 15, &S Railroad 2005 and initiated by the City Council at the request of The motion was Right-of-Way, the applicant on December 20,2005. Any interested approved by a North of person may appear and be heard for or against the unanimous vote of Durham Road proposed vacation of said Un-Named Portion of Council present. (VAC2005- Public Right-of-way East of SW 7e Avenue Vacation. 00003) Any written objections or remonstrances were to have Mayor Dirksen Yes been filed with the City Recorder by 7:30 p.m. on Councilor Harding Yes February 28,2006. Councilor Sherwood Yes Councilor Wilson Yes Mayor Dirksen opened the public hearing. Councilor Woodruff Yes City Attorney Ramis reviewed the rules of procedure for this quasi-judicial.hearing. Planning Manager Bewersdorff presented the staff report and noted the scope of the vacation request. The City did not pay for the right of way;the property was dedicated to the City when the property was platted. At that time,the subject property was considered to be needed for access;however,access is from SW 72°d Avenue. City Attorney Ramis noted the question before the City Council is whether it is in the public's interest to vacate the property. Tigard City Council Meeting Minutes Page 7 February 28,2006 Agenda Item Discussion&Comments Action Items (follow UP) There were no declarations or challenges regarding ex parte contact,the Council's jurisdiction to hear this matter,or participation of any Council member. Public testimony: • Ed Murphy,9875 SW Murdock Street,Tigard,OR 97224,advised he represented the applicants for this vacation. The applicants have applied for a zone change. Mr.Murphy described the development plans. • Rich Ackerman and Jim Lang signed on the testimony sheets;however,they declined to testify. Mayor Dirksen closed the public hearing. Planning Manager Bewersdorff advised staff recommended that the City Council approve the proposed ordinance with a change to Section 2 to add that the City Recorder would record a certified copy of the ordinance and using the usual effective date language for ordinances. City Council considered Ordinance No.06-01. ORDINANCE NO.06-01 —AN ORDINANCE VACATING AN APPROXIMATELY 7,845 SQUARE FOOT PORTION OF AN UN-NAMED PUBLIC RIGHT-OF-WAY WHICH LIES TO THE EAST OF SW 7e AVENUE AND EAST OF THE S P&S RAILROAD RIGHT OF WAY,NORTH OF SW DURHAM ROAD,IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON(VAC2005- 00003) Tigard City Council Meeting Minutes Page 8 February 28,2006 Agenda Item Discussion&Comments Action Items (follow UP) 5.Public Hearing The purpose of the public hearing is to consider a Motion by Councilor (Quasi-judicial): request by Specht Development,Inc.concerning the Wilson,seconded by Vacation of Five proposed vacation involving five(5) small portions of Councilor Sherwood,to Small Portions of public right-of-way totaling 3,392 square feet. adopt Ordinance No. Public Right-of- 06-02 with amendment Way Totaling The petition was filed with the City on September 9, to Section 2 as noted by 3,392 Square Feet 2005 and initiated by the City Council at the request of the staff. Along SW 68" the applicant on January 10,2006. Any interested Parkway and 69`'' person may appear and be heard for or against the The motion was Avenue proposed vacation of said 6e Parkway Public Right- approved by a (VAC2005-00004 of-Way Vacation and 69 Avenue Public Right-of-Way unanimous vote of &VAC2005- Vacation. Any written objections or remonstrances Council present. 00005) were to have been filed with the City Recorder by 7:30 p.m.,February 28,2006. Mayor Dirksen Yes Mayor Dirksen opened the public heating. Councilor Harding Yes Councilor Sherwood Yes City Attorney Ramis noted the rules of procedure for Councilor Wilson Yes this quasi-judicial hearing were the same as the rules for Councilor Woodruff Yes Agenda Item No.4. Planning Manager Bewersdorff presented the staff report and noted the scope of the vacation request. Section 2 should be amended to reflect that the ordinance would take effect once the conditions are met and 30 days after its passage by the Council,using the usual effective date language for ordinances. There were no declarations or challenges regarding ex parte contact,the Council's jurisdiction to hear this matter,or participation of any Council.member. There was no public testimony. Mayor Dirksen closed the public hearing. City Council considered Ordinance No.06-02: ORDINANCE NO.06-02-AN ORDINANCE VACATING FIVE SMALL PORTIONS OF PUBLIC RIGHT OF WAY,TOTALING 3.392 SQUARE FEET ALONG 68TH PARKWAY AND 69TH AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON (VAC2005- 00004&VAC2005-00005). Tigard City Council Meeting Minutes Page 9 February 28,2006 Agenda Item Discussion& Comments Action Items (follow u 6.Public Hearing The State Land Use Board of Appeals (CUBA)has Motion by Councilor (Quasi-judicial) remanded for a second time the City Council's Sherwood,seconded by Land Use Board approval of a 29-lot Planned Development Councilor Wilson,to Subdivision on 9.3 acres and associated Zone of Appeals Change,Sensitive Lands,and Adjustment reviews to approve Resolution No. (CUBA)Remand address a single issue relating to tree preservation. 06-09,which is a of Ash Creek As limited by LURA,the issue remanded is whether tentative decision until Estates the tree plan preserves trees to the greatest extent staff returns to City possible,given that the second tree plan does not Subdivision (Sub) protect 23 trees designated for protection in the Council with additional 20003- offal tree plan,but not designated for protection findings. 00010/Planned i e revised tree plan previously approved. On Development this second remand,the applicant has submitted a The motion was second revised tree plan that amends the first Review{PDR} revised tree plan by designating for protection the 23 approved by a majority 2003-00004/Zone trees specifically mentioned by LUBA. A full copy vote of Council present. Change (ZON) of LU A's Final O inion and Order can be 2003- obtained from City Hall at cost,or is also available Mayor Dirksen Yes 0003/Sensitive online at Councilor Harding No h luba.state.or.us df 2005 se t05 5042.ht Lands Review m. LOCATION: 97 SW 74 Avenue;WCTM Councilor Sherwood Yes Councilor Wilson Yes (SLR)2003- 1S125DC,Tax Lots 300 and 400. ZONE: R-4.5: 00005/Adjust- Low-Density Residential District. The R-4.5 Councilor Woodruff Yes merit(VAR)2003- zoning district is designed to accommodate detached single-family homes with or without This matter will be before 00036/Adjustment accessory residential units at a minimum lot size of the Council again on March (VAR)2003-00037 7,500 square feet. Duplexes and attached single- 28,2006,for final action. family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The only applicable criterion on the issue on which LUBA remanded is CDC 18.350.100.B.3.a.1,which requires that planned developments protect existing trees to the greatest degree possible. City Attorney Ramis reviewed a statement of the quasi-Judicial land use hearing procedures. A copy of the text of the procedures is on file in the City Recorder's office. His remarks included the following: "Any person may offer testimony. This matter is on remand from the Land Use Board afAppeals on a single narrow issue and testimony will be limited to that issue. LUBA limited the scone of this hearingg to the question of whether CD 18.350.100 .3.a.1 relating to tree protection is met with respect to 23 trees specified in the LUBA decision." Mayor Dirksen opened the public hearing. Planning Manager Bewersdorff reviewed the history of this matter as outlined in the Agenda Tigard City Council Meeting Minutes Page 10 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u Item Summary. He noted the proposed resolution contains an additional finding and an additional condition,No. 59. Planning Manager Bewersdorff referred to the memorandum before the City Council from the City Attorney's office that also outlines the case before the City Council. City Attorney Ramis clarified that this case has been to LUBA more than once. Current status is that the City's decision had been upheld in all respects except for one point for further explanation and treatment by the Council. LUBA identified in Footnote 16 of this case 23 trees and asked that the Council consider how those trees are being treated in the protection plan. LUBA said that the treatment of these trees needed to be explained under the City standard,which says, "Preserve to the greatest extent possible the trees on the site."Before the City Council is a letter from the applicant noting that each of the 23 trees identified by LUBA can and will be preserved in the final development plan. City Attorney Ramis advised that a letter had been submitted to the City Council from Bob Storer. This letter will be included in the Record;however, City Attorney Ramis advised the City Council should consider the testimony carefully and not go beyond the scope of the LUBA remand. He advised that he did not believe any of the points stated in Mr. Storer's letter address the issue that LUBA has remanded. The letter asks the City Council to broaden the scope ofthe hearing beyond LUBA's specified scope,but this would violate LUBA's decision. City Attorney Ramis said his advice would be to not broaden the scope of the hearing. Mr. Storer's letter also argues about preserving trees,other than the 23 trees that are at issue and,again,this would be beyond the scope of the hearing. Mr. Storer's letter urges the City Council to deny the application even if the application meets the Code criteria;however,the City Council would not have such authority to do so in this proceeding. If the City Council wants to change the rules,it must be done within a process other than agnasi-judicial hearing. Mr. Storer's letter argues for the use of conservation easements, which are not at issue. The letter argues for compliance with laws of other jurisdictions which, again,is not before the CiCouncil. Mr. Storer argues for the City to purchase the property and that issue is also not before the City Council. Declarations and Challenges: Councilor Harding advised she attempted to visit the site;however,the property is pos ted as"private property." Mayor Tigard City Council Meeting Minutes Page 11 February 28,2006 Agenda Item Discussion&Comments Action Items (follow UP) Dirksen advised that he was well aware of the location of this site. John Frewing,7110 SW Lola.Lane,T' d,OR 97223,challengged and requested clari cation with regard to the adequacy of disclosure of ex parte contact between the decision makers and the Eelicant. A description of Mr. Frewing's ctions is in writing and on file in the City Recorder's office. As outlined by Mr. Frewing,the alleged ex parte contact was evidenced in a newspaper column written by Rick Bella in the February 16,2006, The Oregonian. This article quoted Mayor Dirksen commenting on donation of property to the City by the developers for Ash Creek Estates Subdivision. City Attorney Ramis advised that,under the proceedings used by the City of Tigard,now is the time to conduct the proceeding to determine whether there is bias or ex parte communications. City Attorney Ramis recommended against the continuance requested by Mr. Frewing unless it turns out during the process of exams g that question,there is a need to do that. Before proceeding with City Council comments,City Attorney Ramis recommended the other parties to the case have an opportunity to comment on this request. Chris Koback,representing the applicant,and Dale Richards of Winwood Construction advised that they had no communications with the Tigard City Council members outside the hearing process. City Attorney Ramis asked the City Council members if there had been any discussion with the applicant or with the app cant's representative about the subjects Mr. rewing has raised and also whether there might be some open space,as part of this application,which would bias City Council and prevent them from making a fair decision based upon the criteria and facts presented. Councilor Wilson advised that he has not talked to the owner or the developer other than within the public meetings. In addition,he noted that acquisition of the property by the City would not bias his decision. He might,since the accusation has been raised,want to decline to accept donated property to make sure there is no hint of impropriety or quid pro quo. Councilor Sherwood advised she has not spoken to the applicant or applicant representatives other than in the meetin ;nor has she spoken to the Tigard City Council Meeting Minutes Page 12 February 28,2006 Agenda Item Discussion&Comments Action Items (follow up press. She agreed with Councilor Wilson's statement if it was thought she would be biased if the property was accepted,then she would support turning it down. Council Woodruff said this process began before his term on City Council started. He said he has had no contact with any of the people involved. He advised he had no conflict Councilor Harding advised that the process began before her term on Council began. She has had no contact with the developer,the attorney,or Mr. Frewing. City Attorney Ramis asked to clarify—Councilor Woodruff had indicated he had had no ex parte communications and asked if there was anything about the case that would bias him in one way or another. Councilor Woodruff said,"No." Mayor Dirksen noted that he was interviewed by Oregonian Columnist Bella and he did make a statement with regard to potential for a portion of this parcel,which he understood the acreage that might be donated to the City was not developable. The Mayor'scomment in Mr. Bella's article was based on a discussion with Interim Community Development Director Coffee. In addition,he noted that the article might be incorrect insofar as he is not certain that a donation has taken place. Mayor Dirksen advised that the only discussion he has had re ding this matter has been with City of Tigard staff. He has not met or talked with anyone outside of the public hearing. He noted that he had,in fact, on previous occasions approved this Planned Development before there was any thought that land might be donated. City Attorney Ramis advised he had not heard anything that would indicate either there has been ex parte communication or that any Council member has found a reason that they could not, because of bias,hear the case. He recommended the City Council proceed with the hearing;any decision reached tonight be a tentative decision so that the City Attorney can come back with findings for the City Council to consider that would address the ex parte communication and bias issues as well as the substantive decision that the City Council renders. City Manager Prosser noted the City has not taken title to any land. He noted the possible land donation would be something to explore;this matter has been referred to the Parks and Tigard City Council Meeting Minutes Page 13 February 28,2006 .Agenda Item Discussion&Comments Action Items (follow u Recreation Advisory Board,which has been working on criteria for when and how the City might accept donated land. No action has been taken on this piece of property in any way whatsoever. Mayor Dirksen also noted,with reference to the 23 trees under review at this hearing,he has no idea whether the trees are located in property that might be donated to the City;therefore,he did not see how this would have any impact on tonight's decision. City Attorney Ramis affirmed,upon a question from Councilor Woodruff,that the only issue before the City Council at this time is regarding the 23 trees per the LUBA remand;there is no choice before the City Council regarding whether or not the City should allow the project to move forward. Applicant's Statement: Chris Koback,representing the applicant,noted that subsequent to the LUBA remand the applicant was to either lusti removing the 23 trees or show a plan saving the 2 trees. They chose to save the 23 trees. Councilor Wilson asked whether an arborist was involved in the decision whether the trees could be saved or not? Mr.Koback said there was an arborist that prepared the report. An arborist was not involved in the decision to save the trees. It was not a question of whether the trees were dead or diseased;these trees were under 12-inches in diameter and were going to be removed because, the Code as they interpreted,allowed them to remove trees less than 12 inches. LUBA directed them to look at this again,they did and the trees will be saved. Public Testimony: Mayor Dirksen called upon Mr.Frewing to speak as an opponent and reminded Mr. Frewing that the only issue before the City Council was with regard to the 23 trees. John Frewing,7110 SW Lola Lane,Tigard, Oregon,commented that he believed the laws required him to register his objection on the adequacy of the ex parte disclosure. He said he does register an objection to keep his opportunity alive for an appeal. Mr. Frewing said his second objection was Tigard City Council.Meeting Minutes Page 14 February 28,2006 Agenda Item Discussion&Comments Action Items (follow u regarding the scope of the hearing. He noted the City Attorney has advised the City Council cannot consider anything other than the 23 trees without violating the LUBA order. Mr.Ft wing said his understanding was that the City Council could,of its own will,change the scope of the hearing. Mr. Frewing reviewed his testimony regarding the 23 trees. a also submitted a document for the record,which outlined his testimony. He referred to the revised tree preservation location drawing dated September 22,2005,and said the application materials fall short of compliance to preserve the 23 trees. He referred to a drawing an how the trees were marked and then returned to his prepared comments whereby he outlined how the application materials fall short of compliance. After reviewing comments relating to the 23 trees, Mr. Frewing then referred to his written comments and outlined his issues with regard to the decision process.City Attorney Ramis requested that Mr. Frewing keep his testimony tied to the issue of the 23 trees. Mr. Frewing explained his comments were in two parts: 1) 23 trees and the 2)the hearing rocess and his rights within the hearing process. ity Attorney Ratnis said Mr. Frewing could continued but noted much of the testimony presented by Mr. Frewing appeared to be repetitive of issues already ruled upon by LUBA;therefore, these issues would not be before the City Council. Mr.Frewing said he did not think the issues had been addressed by LUBA. Mr. Frewing's written testimony was incorporated into the meeting record. Mr. Frewing requested that staff be asked to prepare findings to deny the application. In response to aquestion from Mayor Dirksen,Mr. Frewing advised he was in favor of the 23 trees being preserved but noted there were inconsistencies with the drawing regarding which trees are to be saved. Meeting recessed at 9:03 p.m. Meeting reconvened at 9:10 p.m. Rebuttal: Mr. Koback responded to Mr.Frewing's testimony and advised that the large tree plan was not revised. The applicant submitted a new drawiniz that the Tigard City Council Meeting Minutes Page 15 February 28,2006 Agenda Item Discussion&Comments Action Items (follow UP) thought was consistent with LUBA's dictate that showed that the 23 trees would be preserved. The Condition,as drafted by staff and agreed to by the applicant,specifically references that plan. -1 herefore,he does not think there is any confusion about how and what will happen. The applicant will guarantee the 23 trees will be preserved. The trees are not identified by species as noted by Mr. Frewing;this issue was raised at the Court of Appeals and the Court rejected the argument presented by Mr. Frewing on this issue. Mr. Koback said the argument referenced by Mr. Frewing dealing with tree protection;however, LUBMs dictate was very specific—it was on preserving trees to the extent possible. It did not talk about protection. Mr.Koback said evidence is in the record with regard to how the trees will be protected during construction.This was an issue that Mr. Frewing raised at LUBA and LUBA agreed with the applicant that what the applicant has submitted is adequate. Mr.Koback advised that new plans and standards raised by Mr. Frewing asre not applicable as the applicant is entitled to comply with the laws in place at the time the application for this development was filed. Mr.Koback said the plan now before the City Council was not prepared by an arborist;"x's"were taken off the 23 trees to show that they would be protected from removal. The fencepost argument raised by Mr. Frewing relates to tree protection,which is a separate issue and is not part of the LUBA remand. There was discussion on the 23 trees and the requirements by LUBA;these trees are marked and are a net increase in the amount of trees that will be saved. There is no re uirement for a formal tree plan. Mr.Koback said his client has clearly identified the trees to be saved. Mr. Richards said he personally marked the trees to be saved. There was discussion about the penalty that could be applied during the construction phase if a tree is not saved,including a$500 fine plus the value of the tree and payment for mitigation,requirements. Mr. Koback,in response to a question from Councilor Woodruff,said that nothing in the plan has been changed from the application. An arborist report was required;Terry Flanagan was the arborist. Tigard City Council Meeting Minutes Page 16 February 28,2006 Agenda Item Discussion&Comments Action Items (follow UP) In response to a question by Mayor Dirksen, Planning Manager Bewersdorff advised that to his knowledge the application has not been changed from the orig,x'naI application other than to protect an additional 23 trees. City Attorney Ramis noted the March 14 City Council meeting has been cancelled. He asked the applicant if they had any objection to the final order being considered by the City Council at its March 28,2006,meeting. The applicant did not object. In response to a question from Councilor Wilson and Councilor Harding regarding whether the staff was concerned about whether it was clear as to which 23 trees were to be saved,Planning Manager Bewersdorff advised the trees were.marked on the plan and the trees were numbered,it was clear. Mr.Koback said that the previous report has not been changed. There is the new plan showing the 23 trees that are to be saved,but the large document originally submitted was not changed. Councilor Woodruff asked the City Attorney about the LUBA decision. City Attorney Ramis read the language from the LUBA decision: "We also caution that our remand does not obligate the City to provide petitioner with another opportunity to identify additional trees that might be preserved. The City's obligation on remand is limited to the trees identified in note 16 of this opinion." Mayor Dirksen and Councilor Sherwood advised they had no desire to open the hearing to consider additional issues. Councilor Harding noted she would like to reopen for further review if there was any evidence that the K value had been increased(steepness of slope) and referred to the interpretation that can be made by the City Engineer. She said that she did not want to see the citizens and the City have to pay for repairs in the future due to things that may not hold over time. When she did the site visit she could not physically go on the property. She referred to the actual severity of the steepness of the slope. Mr.Frewing advised that new information was being discussed and he asked for an opportunity for rebuttal. City Attorney Ramis advised City Tigard City Council Meeting Minutes Page 17 February 28,2006 Agenda Item Discussion&Comments Action Items (fallow UP) Council to allow opportunity for additional comment and then allow the applicant to rebut. Mr.Frewing said that Mr.Richards advised the trees to be saved have been marked with numbers, but Mr. Frewing cannot go on the site. From what he has been able to observe,the tree markers and the tree numbering does not correspond to the drawing. There was no rebuttal. City Attorney Ramis noted the trees were identified in footnote 16 of the LUBA decision. The only comments germane to this hearing were that these trees are to be saved. Enforcement and saving of the trees comes later. Mayor Dirksen closed the public hearing. The City Attorney recommended that the City Council make a decision as framed by LUBA, which is to either explain why the trees can removed or rule that the trees must be preserved. It seems to be that the applicant is proposing to preserve the trees. City Council considered and adopted Resolution No. 06-09,which will be a tentative decision until staff returns with findings for Council consideration.: RESOLUTION NO. 06-09 —A RESOLUTION AND FINAL ORDER APPROVING THE ASH CREEK ESTATES SUBDIVISION (SUBDIVISION (SUB) 2003-00010/PLANNED DEVELOPMENT REVIEW (PDR) 2003- 00004/ZONE CHANGE (ZON) 2003-00003/ SENSITIVE LANDS REVIEW(SLR) 2003- 00005/ADJUSTMENT(VAR)2003-00036/ ADJUSTMENT(VAR) 2003-00037/ -ON REMAND FROM LUBA;AND ADOPTING FINDINGS AND IMPOSING CONDITIONS. (City Recorder's note: Agenda Items were considered out of the order listed on the Agenda. The next item heard was Agenda Item No. 10.) Tigard City Council Meeting Minutes Page 18 February 28, 2006 Agenda Item Discussion& Comments Action Items (follow UP) 10. Consider Staff Presenter: City Engineer Duenas Motion by Councilor Establishing a Woodruff,seconded by Proposed Local The PowerPoint presentation overview is on file in Councilor Sherwood,to Improvement the City Recorder's office. adopt Resolution No. District(LID) as a 06-10. Project in the FY There was discussion on the process for this LID. 2005-06 Capital Property owners within the area will be notified of The motion was Improvement this potential Local Improvement District. A approved by a Program (CIP), favorable decision tonight to proceed will begin the unanimous vote of and Directing the study process. At a later meeting,the City Council Council present. Preparation of a will consider a recommendation whether to proceed Preliminary or terminate the proceedings. There will be an Mayor Dirksen Yes Engineer's Report opportunity for public comment on whether to form Councilor Harding Yes for the Proposed this LID. Specht Development is funding the cost for Councilor Sherwood Yes LID in the Tigard the study regarding formation of the LID. If the LID Councilor Wilson Yes Triangle and moves forward,then the study expenses will be Councilor Woodruff Yes Authorizing the included in the final costs for the LID. Establishment of a Funding Greg Specht,President of Specht Development, Mechanism for identified the properties owned by Specht and the Preparation of reviewed the requirements associated with"floor area the Report ratios" (FAR). He described the type of development Specht decided it would like to place on the property, which requires a larger parcel of property to meet Code requirements. In addition,Ed Murphy (also representing Specht Development) referred to the LID procedures and that the City's preference is that an LID is not a single-owner LID. Approximately 60 percent of the property is owned by Specht Development Mr, Specht noted that about 21 percent of the properties are owner occupied;these owners would be the most impacted with the formation of the LID. He pointed out that this property is within the MUE (Mixed Used Employment) and planned for future employment opportunities and transportation connectivity. Council and staff discussed that this was a preliminary step;more evaluation would take place later,including input from other property owners. Tigard City Council Meeting Minutes Page 19 February 28,2006 Agenda Item Discussion&Comments Action Items (follow UP) Councilor Wilson noted ex parte contact in that he did speak with Mr.Specht previously about the FAR requirements. He advised that they did not talk about the formation of an LID. Councilor Wilson advised this conversation would not influence his decision in this matter. City Council considered Resolution No. 06-10 RESOLUTION NO.06-10—A RESOLUTION DIRECTING THE ENGINEERING STAFF TO ESTABLISH A PROPOSED LOCAL IMPROVEMENT DISTRICT(LID)AS A PROJECT IN THE FY 2006-06 CIP (CAPITAL IMPROVEMENT PROGRAM),DIRECTING THE PREPARATION OF A PRELIMINARY ENGINEER'S REPORT FOR THE PROPOSED LID IN THE TIGARD TRIANGLE AND AUTHORIZING THE ESTABLISHMENT OF A FUNDING MECHANISM FOR THE PREPARATION OF THE REPORT 11. Consider The proposed budget amendment is related to Agenda Motion by Councilor Budget Amend- Item No. 10. Specht development is depositing Sherwood,seconded by ment#10 to the $125,000 to fund the Preliminary Engineer's Report. Councilor Wilson,to FY 2005-06 While the total Preliminary Engineer's Report cost is adopt Resolution No. Budget to $125,000,it is anticipated that only$70,000 of this 06-11. Increase Appro- total cost will be incurred in FY 2005-06. priations in the The motion was Gas Tax Fund for City Manager Prosser noted that Specht approved by a Funding of the Development's deposit will be placed in the Gas Tax unanimous vote of Preliminary fund and will actually fund the cost of the report. For Council present. Engineer's Report budgetary purposes,it is necessary to do a for the Proposed contingency transfer of$70,000 from the Gas Tax Mayor Dirksen Yes Local Fund to the Gas Tax Capital Improvement Project Councilor Harding Yes Improvement budget to appropriate the necessary funds. The City Councilor Sherwood Yes District(LID) for will include the cost of preparing the report in the Councilor Wilson Yes Infrastructure total cost of the LID if the City establishes the district. Councilor Woodruff Yes Improvements in If the LID is not formed, Specht Development's the Tigard deposit will be used to fund the report's cost. Triangle City Council considered Resolution No. 06-11. Tigard City Council Meeting Minutes Page 20 February 28, 2006 Agenda Item Discussion&Comments Action Items (follow UP) RESOLUTION NO. 06-11 —A RESOLUTION APPROVING BUDGET AMENDMENT#10 TO THE FY 2005-06 ADOPTED BUDGET TO INCREASE APPROPRIATIONS IN THE GAS TAX FUND FOR FUNDING OF THE PRELIMINARY ENGINEER'S REPORT FOR THE PROPOSED LOCAL IMPROVEMENT DISTRICT(LID) FOR INFRASTRUCTURE IMPROVEMENTS IN THE TIGARD TRIANGLE 7.Local Contract Staff Presenter: City Engineer Duenas Review Board— Post-Project The PowerPoint presentation overview is on file in Evaluation Report the City Recorder's office. of the CM/GC (Construction The post-project evaluation report should have been Manager/General submitted to the Local Contract Review Board within Contractor) 30 days of acceptance and final payment of the Contract for the project and that it be made available to the public. Tigard New The evaluation is intended to comply with the above Library Project requirement although the required submittal period has expired. The use of the CM/GC method ensured control of costs through the design and construction phases. Because of the collaborative nature of the process,the new library was constructed on time and within the budget set for the project. City Manager Prosser advised that this method of construction was used for the first time by the City of Tigard for the new library building. It would clearly be of benefit to use this process again. LCRB Chair Dirksen acknowledged the success of the project. 8. Consider an Staff presenter: Public Works Director Koellermeier Motion by Councilor Intergovernmental Sherwood,seconded by Agreement(IGA) Approval of the IGA would fund a water supply Councilor Harding,to for Joint Funding - system plan with the City of Lake Oswego. The City approve the of a Water Supply of Tigard has been a Lake Oswego water customer Intergovernmental System Plan with since the early 1960's. The IGA would set the Agreement. the City of Lake groundwork for a future joint ownership of a water Oswego s stem with Lake Oswego. On February 8,the The motion was Tigard City Council Meeting Minutes Page 21 February 28,2006 Agenda Item Discussion,&Comments Action Items (follow UP) Intergovernmental Water Board recommended approved by a approval of the IGA. unanimous vote of Council present. City Manager Prosser noted the City of Lake Oswego's water source is the Clackamas River. Mayor Dirksen Yes Councilor Harding Yes Councilor Woodruff advised that the City is looking Councilor Sherwood Yes at a number of options for long-term water sources Councilor Wilson Yes and he was very much in favor of moving ahead with Councilor Woodruff Yes the IGA. There was discussion on the cost for the work to be done as outlined in the IGA,with Councilor Harding expressing her hope that it could be less expensive. Public Works Director Koellermeier reviewed that the high cost was driven by the level of engineering detail required. Councilor Woodruff acknowledged the high expense noting that this is a long-term investment for multiple millions of dollars;the City is coming to the time where it will have to make long-term decisions. 9. Consider Staff Presenter: Interim Community Development Council consensus was Pursuing Design Director Coffee to direct staff to pursue Modification of the design modifications the Intersection at The design modification for this project would be to as outlined in the Hall Boulevard include pedestrian improvements,landscaping Agenda Item Summary. and 99W to enhancements,and a potential gateway. The Include Pedestrian amendment to the streetscape contract with OTAK Improvements, for$7-10,000 would provide design and engineering Landscaping services for intersection modifications. Washington Enhancements County is presently managing the design of and a Potential improvements to the intersection. There is an Gateway opportunity now as part of the design process for the City to potentially include these additional design modifications. Tigard City Council Meeting Minutes Page 22 February 28, 2006 R Adjournment Council meeting adjourned: 10:21 p.m. Motion by Councilor Harding,seconded by Councilor Woodruff,to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Catherine Wheatley,City Recorder Attest: f Mayor,Cly of Tigard/ Date: aooo Tigard City Council Meeting Minutes Page 23 February 28,2006 CITY OF TIGARD, OREGON ORDINANCE NO. 06- 0 AN ORDINANCE VACATING FIVE SMALL PORTIONS OF PUBLIC RIGHT-6F-WAY TOTALING 3,392 SQUARE FEET ALONG 68"' PARKWAY AND 69' AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON(VAC2005-00004&VAC2005-00005). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on January 10, 2006, and has been recommended by the Community Development Department; and WHEREAS, Specht Development has requested that the City of Tigard vacate the above right-of-way of 3,392 square feet in area as described in exhibits A-1 though A-5 and B-1 through B-5, as well as to accept dedication of three portions of right-of-way as described in exhibits C-1 through C-3 and D-1 through D-31 to allow for the assemblage of eleven parcels of land north of SW Dartmouth Street between 68�' Parkway and 69ffi Avenue for development purposes; and WHEREAS, all affected service providers, including utility companies and emergency 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 15.08.120,notice of the public hearing was posted in the area to be vacated and published in the newspaper; 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 February 28, 2006, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC 15.08.130. NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 3,392 square feet of public right-of-way as shown and described in the attached Exhibits A-1 through A-5 and B-1 through B-5 (legal descriptions and maps of the area to be vacated) and by this reference,made part thereof. SECTION 2: Said vacation is hereby conditioned and shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder; further, the ordinance will not be effective until the acceptance of right-of-way dedication as described in Exhibits C-I through C-3 and D-I through D-3 by the City Engineer, and upon recording of a certified copy of the ordinance by the City Recorder. ORDINANCE No. 06- C))-- Page 1 PASSED: By U natllrnov,s vote of all Council members present after being read by number and title only,this day of tn , 2006. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of �'LLt 2006. 1162, Craig D' en,Mayor Approved as to form: jity Attorney Date ORDINANCE No. 06- Page 2 EXIMIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING-, LLC PO Boz 7177 Beaverton;OR 97007 503-848-2127 - LEGAL DESCRIPTION FOR S W.68"R PARKWAY RIGHT OF WAY VACATION TAX LOT#3001,MAP 1S136DD Real Property situated in the City of Tigard,Washington County, Oregon,being a portion of that parcel as described in deed to Jack B.Root and Wilma L.Root,recorded under Document Number 2004-123997,records of said county,lying in the soLitheast quarter of Section 36,Township 1 South;Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southerly end of a 25.00 foot radius curve between the right of way lines for S.W. 68"Parkwayand S.W.Clinton Street at the southeasterly corner of said Jack B. Root and Wilma L..Root parcel,said point being on the northerly right of way line S.W. Clinton Street and being marked by a 5/8"iron rod with a yellow plastic cap stamped ,Northwest Surveying,LLC"; Thence along said 25.00 foot radius curve;being tangent with said northerly right of way line, to the left, and having'a delta angle of 87°45'18", a long chord bearing North 46°06'27"East 34.66 feet, and a length of 38.29 feet to a 5/8"ironrod with a yellow plastic cap stamped"Northwest Surveying,LLC"; Thence along the westerly right ofway line of said S.W. 68a'Parkway,North 027 13'48" East 83.65 feet to a point measuring 35.00 feet at right angles to the centerline of said S.W. 68"Parkway; Thence southerly parallel with the centerline of said S.W. 68'�'Parkway, South 00"03'44" East 82.58 to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 90°02'49",a long chord bearing South 44"57'41"West 35.37 feet and a length of 39.29 feet; Thence South 89°59'06"West 3.33 feet to the point of beginning. The above described tract contains 220 square feet,more or less. The basis of bearings for this description is between found monuments.along the northerly right of way line of said S.W. Clinton Street,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION. FOR TAX LOT 3001 MAP 1S136DD o FOUND 5/8" IRON ROD WTH CITY OF TIGARD, WASHINGTON COUNTY, OREGON YELLOW PLASTIC DAP STAMPED NORTHWEST SURVEYING, LLC', AUGUST 8, 20o5 PER SURVEY NUMBER 30,016 PAGE 1 OF 1 CURVE TABLE. I co CURVE LENGTH RADIUS - DELTA CHORD CHORD BEARING ; co t } C1 39.29' 25.00' 90'02'49' 35.37' 544`57'41"W i _o I C2 38.29' 25.00' 87`45'18` 34.66' N46`06'27"E ini i° 35.00' -----= 10.59' 25.00' 24`15'56" 10.51' N14'21'46'E • f r f f N �) C4 27.70 25.00 63-29'21 26.31 . N58'14 25 E � w t t a Li TAX LOT 3001. co Q. DOC# 2004-123997 I � RIGHT—OF—WAY VACATION �' t' ui ' � = co AREA = ±220 SQUARE FEET W "' a SCALE 1" = 20 FEET po w o mcqa> iu I POINT OF C3 REGISTEREDBEGINNING L=10.59' i 35.00' PROFESSIONAL LAND SURVEYOR I �ry BASIS OF BEARINGS OREGON PER SURVEY # 30,016 JANUM 15, 2002 CLINTON H. STUBBS JJR. 55469LS N89'59'06"E 166.36' S89'59'06"W C4 a RENEWAL DATE: 06/30/06 S.V . CLINTON STREET 3.33' L=27.70' PREPARED FOR: SOB NAME: DARTMOUTH ST. SPECH7 DEVELOPMENT, INC JOB NUMBER: 56 NCRTH PO BOX 7177 `EST BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 SDRAMURVE I �N4a E`AiL: nwsurveyingC4tverizan.net BY: CHS LC , ruc-rKr7n RY• CHS EXHIBIT A—2. Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY AND S.W. CLINTON STREET RIGHT OF WAY VACATION TAX LOT#6100,MAP IS136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Robert S.Hogg and Harriett L.Hogg,recorded under Book 303,Page 341,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southeast comer of said Robert S.Hogg and Harriett L.Hogg parcel, said point being on the westerly right of way line S.W.68th Parkway,from said point a 5/8"iron rod with a no cap bears South 89°48'48"West 0.05 feet, Thence along said westerly right of way line,North 00°03'44"West 75.32 feet to the beginning of a tangent curve; Thence along a curve to the left having a radius of 25.00 feet, a delta angle of 89*57'11"', a long chord bearing North 45°02'19"West 35.34 feet, and a length of 39.25 feet to the southerly right of way line of S.W. Clinton Street; Thence parallel with the centerline of said S.W. Clinton Street,North 89°59'06"East 5.00 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet,a delta angle of 89°57'11", a long chord bearing South 45°02'19"East 35.34 feet, and a length of 39.25 feet to a point 35.00 feet measured at right angles to the centerline of said S.W 68h Parkway; Thence parallel with said centerline,South 00°03'44"East 75.31 feet to the easterly extension of the south line of said Robert S.Hogg and Harriett L.Hogg parcel; Thence along said easterly extension South 89°48'48"West 5.00 feet to the point of beginning: The above described tract contains 501 square feet,more or less. The basis of bearings for this description is between found monuments along the southerly line of said Robert S.Hogg and Harriett L. Hogg parcel,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B -2- EXHIBIT -zEXHIBIT TO, ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6100 -MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 . I T N89-59'O6'E 30.00' S.W. WNTON STREET N8959'06"E N89'59'06"E 5.00' L=39,25' �s r1 .O �+ i TAX LOT 6100 BOOK 303, PAGE 341 Ni 35.00' RIGHT-OF-WAY VACATION �; AREA = ±501 SQUARE FEET 4 , Lu ui FOUND 51T IRON ROD WITH �' RED PLASTIC CAP STAMPED "W.L.Mc. LS 808', L c PER SURVEY NUMBER 25,380 POINT OF _ BEGINNINGCA SCALE 1„ - 30 FEET BASIS OF BEARINGS 5.00, . I rmm—m6dv . PER SURVEY 130,016 , 589'48'48"W C. 0 w N89'48'48"E 89.95' i 5.00' ,,� 35,0{3' -----� FOUND 5/8" IRON ROD WITH NO CAP-j� ELAND TERED 'PER OREGON STATE HIGHWAY SIONAL DEPARTMENT MAP 98-11-17 URVEYOR BEARS N89'48'48'E.0.05' TO EXISTING CORNER OF TAX LOT 6100 ' OREGON CURVE TABLE �s,2002 UBBS .lR. CLINTONON HH. STUBCURVE LENGTH RADIUS DELTA CHORD CHORD BEARING H. . 55469LS Cl 39.25 25.00' 89'57'11" 35.34' S45'02'19"E RENEWAL DATE: 06/30/06 C2 39.25' 25.00' 89'57'11" 35.34' N45'02'19"W PREPARED FOR: ,JOB NAME: DARTMOUTH ST. JOB NUMBER: 56 NORTHWEST PO ON, OR 9 SPECHT DEVELOPMENT, INC BEAiJERTON, OR 97007 15400 SW MILLIKAN WAY DRAWING NUMBER: 56DEDICATIONS PHONE: 503-848-2127 BEAVERTON, OR 97006 FAX: 503-848-2179 DRAWN BY: CHS URVEYINGE��C nwsurveyingC�verizon.net S , rHFCKFD BY: CHS S EXHIBTI`A--3 Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68"R PARTWAY RIGHT OF WAY VACATION TAX LOT#6700 AND 6800,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,-Oregon,being a portion of that parcel as described indeed to Gordon C.Root, Jack B.Root and Wilma L.Root, recorded under Document Number 99-002709,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows:- Beginning at the northeast corner of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being on the westerly right of way line S.W.6e Parkway,from said point a 5f8"iron rod with a no cap bears South 89°48'48"West 0.05 feet, Thence along the easterly extension of the northerly line of said parcel,North 89"48'48" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W.68"Parkway, Thence parallel with said centerline,South 00"03'44"East 101.71 feet to the easterly extension of the south line of said Gordon C.Root,Jack B:Root and Wilma L.-Root parcel; Thence along said easterly extension North 89°59'58"West 5.00 feet to the westerly right of way line of said S.W. 68'h Parkway; Thence along said westerly right of way line North 00°03'44"West 101.69 feet to the point of beginning. The above described tract contains 508 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root,Jack B.Root and Wilma L.Root parcel,per s,ttjey nu—tuber 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B -3 �. EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION A 5.00 FOOT WIDE RIGHT OF WAY VACATION FOR TAX LOT 6700 AND 6800 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 - PACE 1 OF 1 FOUND 5/8" IRON ROD WITH ' RED PLASTIC CAP STAMPED i "W.L.Mc. LS 808% PER SURVEY NUMBER 25,380 POINT OF BEGINNING w BASIS OF BEARINGS ; PER SURVEY 130,016 . . N89'48'48"E N89'48'48"E 89.95' i 5.00' FOUND 5/87 IRON ROD WITH NO CAP-� 35.00' PER OREGON STATE HIGHWAY , DEPARTMENT MAP 98-11-17 � 40.00 , BEARS N89'48'48'E 0.05' TO EXISTING CORNER OF TAX LOT 6100 - TAX LOT 6700 & 5800 Lo;_ DOC 199002709 o rd RIGHT OF-WAY VACATION �r- ; �' ' AREA = ±508 SQUARE FEET o LE 1 }� O1 cal a SCA = 30 FEET c) 'I al z► N89'59'58"W REGISTERED . 58959'58"E ``'; 5.00' PROFESSIONAL -- 35.00' --- LAND SURVEYOR I I OREGON . CURVE TABLE ON H 1S UB CURVE LENGTH RADIUS 'DELTA CHORD CHORD SEARING CLINTON K. STU685j 55469LS Cl 39.25' 25.00' 89'57'11" 35.34' 545'02'19"E RENEWAL DATE: 06/30/06 - C2 39.25 25.00' 89'57'11" 35.34' N45'02'19"W PREPARED FOR: JOB NAME: DARTMOUTH ST. SP CHT DEVELOPMENT INC JOS NUMBER: 5s NORTHWEST PO ER ON, R 9 E BEAVERTON, OR 97dd7 1BEA RT I�IILOR 9 WAY DRAWING NUMBER: 56DEDICATIONS PHONE:' 503-1348-2179? BEAVERTON, DR 97006 DRAWN BY- CHSEMAIL. nwsurveying�Dverizon.net SURVEYING, LLC CHECKED BY: CHS EXHIBIT A — Page 1. of 1 Prepared By: NORTHWEST SUR.VEYING,'LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68 m PARKWAY RIGHT OF WAY VACATION TAX LOT#6600,MAP IS136DD Real Property situated in the City of Tigard,Washington County, Oregon,being a portion of that parcel as described in deed to Gordon C.Root Jack B.Root and Wilma L.Root, recorded under Document Number 98-056127,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast corner of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being on the westerly right of way line S.W.68h Parkway,and being marked by a 518"iron rod with a no cap; Thence along the easterly extension of the northerly line of said parcel,.South 89°59'58" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W. 68'Parkway; Thence parallel with said centerline, South 00°03'44"East 71.45 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 36'52'12"; a long chord bearing South 18°2222"West 15.81 feet, and a length of 16.09 feet to the westerly right of way line of said S.W. 6e Parkway, Thence along said westerly right of way line North 00°03'44"West 86.46 feet to the point of beginning. The above described tract contains 408 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root, Jack B.Root and Wilma L.Root parcel,per survey number 30,016,on record with the Washington County Surveyor's Office. EIBIT B - 4 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP 1 S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 POINT OF BASIS OF BEARINGS ; BEGINNING PER SURVEY 130,016 i S89'5958'E S89.59'58"E 89.99' 5.00' FOUND 5/8' IRON ROD--�� i 35.00' WITH NO CAP, PER 40.00' SURVEY NUMBER 19,416 �- TAX LOT 6600 - ¢_ 3 DOCJ 98-056127 0lco RIGHT-OF-WAY VACATION NI= AREA = ±408 SQUARE FEET a d L 1 a z� cn co i i 5.00' FUTURE i 35 00�----- RIGHT OF WAYS - a DEDICATION o I SCALE 1 30 FEET C2 L=9.32' " =° ,40.00' R=25.00' 47.00 REGISTERED , PROFESSIONAL LAND SURVEYOR - _ •QPM `lk0 s• OREGON CURVE TABLE uu�uiar 15. U CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CLINTON H. STUBBSJJR- 5546 9LS C1 16.09' 25.00' 36'52'12' - 15.81' S18'2222"W RENEWAL DATE: 06/30/06 C2 9.32' 25.00' 21'21'15" 9.26' N4729'06"E PREPARED FOR: JOB NAME: DARTMOUTH ST. INCJOB NUMBER: 56 N{ � i �IUU�S 1 PO BOX 7177 SPECHT DEVELOPMENT, BEAVERTON, OR 97007 15400 SW MILLIKAN WAY DRAWING NUMBER: 56DEDICATIONS PHONE: 503-848-2127 BEAVERTON, OR 97006 ''� `j FAX: 503-848-2179 DRAWN BY: CHS jr.� UI-1pY EYI*I VGE(�C nwsurveyingC�verizon.net a CHECKED BY: CHS EXHIBIT A -~5- Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Bog 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.DARTMOUTH STREET AND S.W.697H AVENUE RIGHT-OF WAY VACATION TAX LOT#6300,MAP 1S136DD Real Property situated in the City of Tigard,Washington County, Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 98-056127,records of said county, lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southwest corner of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being on the easterly right of way line S.W. 69"Avenue, and being marked by a 5/8"iron rod with a no cap; Thence along the southerly line of said parcel,North 89°50'20"East 90.92 feet to apoint 47.00 feet measured at right angles from the centerline of said S.W.Dartmouth Street; Thence along a curve to the right,being a 47.00 foot offset from the centerline of said S.W.Dartmouth Street and having a radius of 393.47 feet, a delta angle of 9°13'26"; a long chord bearing South 63'11'42"West 63.28 feet,and a length of 63.34 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet,a delta angle of 112°09'42'; a long chord bearing North 56°06'44"West 41.49 feet, and a length of 48.94 feet to a point 30.00 feet measured at right angles to the centerline of S.W. 69t`Avenue; Thence parallel with said centerline of S.W. 69th Avenue,North 00°01'53"West 5.14 feet to the point of beginning. ` The above described tract contains 1,755 square feet,more or less. The basis of bearings for this description is between found monuments along the easterly right CZ wayline offsaid S.W. 69`h Avenue,per survey number 30,016, on record 2+h the Washington County Surveyor's Office. EXHIBIT B -- � EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED' WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP 1S136DD O FOUND 5/8" IRON ROD WTH CITY OF TIGARD, WASHINGTON .COUNTY, OREGON YELLOW PLASTIC CAP STAMPED AUGUST 15, 2005 'NORTHWEST SURVEYING, LLC', PAGE OF PER SURVEY NUMBER 30,016 i w POINT OF BEGINNING :- FOUND 5/8' IRON ROD WITH NO CAP Ito FOUND Q z� , PER SURVEY NUMBER 19,416 RIGHT R QF WAY iz � m 3 TAX LOT 6300 DEDICATION LA-a DOCI 98056127 III 3 V) ren o . RIGHT-OF-WAY VACATION ,�; z AREA'= 1,755 SQUARE FEET oog ,- ma- N89'50'20'E 90.92' %.b Gk r-- 30.00' NOO'01'5Y"W 40.40' 10 �6 lk , ,.� ��393' 47.00 S 004 coo SCALE 1" = 30 FEET i CD cq REGISTERED PROFESSIONAL. LAND SURVEYOR , CURVE TABLE CURVE LENGTH RAP,3US DELTA CHORD CHORD BEARING ORE:200M Cl 63.34' 393.47' 913'26' 63.28' S63`11'42"W JANUARY C2 48.94' 25.00' 112'09'42' 41.49' N56'06'44'W CLINTON H. S JR.554 -C3 160.00' 440.47' 20'48'48„ 159.13' N68'34'07"E RENEWAL DATE: 06/30/06 C4 2.89' 393.47' 0'25'15" 2.89' N58"22'21°E PREPARED FOR: JOB NAME: DARTMOUTH ST. JOB NUMBER: 56 Nou, HWEST BEAVPo Box SPEGHT DEVELOPMENT, INC ERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATi4NS FAX: 503-848-2179 S �������� EMAIL: �LC nwsurveyingC�arizan.net DRAWN BY: CHS CHECKED BY: CHS / ;/>� 9 yJ u � z - 0 Irby . 1z; C o � r OCD ri. cna o Al 3b n p ° n °tQ 00 0CL m z o 0 y o O � n U, b o CL O n fb � m ro � W 0 �,' fb fb '01 rD 1-0 • b � ~ CD 0 ft O � o C-) `u o = N n W �' •, a c o CrJ O no 1 (n 1--4 hi qa cr CD cl w R° 0 ti o H fb Ire rb o lye �b p c C � CDrb rb rb fb I C/) l J ,z7 d 17, O ►� o � � � o � � r � (D . b� cC:) c a, -91 O o' a. v 0. O � N z n z y .d fD �D fD LJ tD z r „� rb z 'ern z GO o � o � CDCD y CD CD N o o c^n cn rb rb � y N fb (1q up V i 0 0 0 cn b N rn �. cncn oc � cn O Orb O O O o rD nY to � %bCD VO` En pO 5 �* P CD lD m z O h Q, o .a , fb 0 o CCS o o F,:l cn 'T •W D FD Cb CD N h 0 cn o o �* t� O �j O o O n• Q � Mco arb m CD CD GMCD C .� n -o c.oOn .11 d y CD N o 'd o a' b � I ID CD 0 o 0 o O o z t4 �"' rb F TIGARD CITY COUNCIL BUSINESS MEETING W February 28,2006 6:30 p.m. 'TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OR 97223 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. Citizen Communication 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 7:3012.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 503-639-4171, ext. 2410 (voice) or 503-684-2772 (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 by calling: 503-639-4171, ext- 2410 (voice) or 503-684-2772 (IDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA— FEBRUARY 28,2006 page 1 AGENDA TIGARD CITY COUNCIL MEETING FEBRUARY 28,, 2006 630 PM • STUDY SESSION > IGA—Goal 5 Fish&Wildlife Habitat—Tualatin Basin Partners 0 Staff Report: Community Development Department > Hall Blvd.Jurisdictional Transfer Discussion o Staff Report Engineering Department > Hall Blvd./Highway 99W Design Modifications o Staff Report: Community Development Department > Urban Services Intergovernmental Agreement with Cities of Tigard, Tualatin, Beaverton, and Wilsonville, and Washington County (Washington County —Wilsonville to Beaverton Commuter Rail Project) o Staff Report: Community Development Department >Wildlife Refuge Opening Event o Staff Report Community Development Department • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(2)(h)- All discussions are confidential and those pre-sent may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any 'information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order-City Council&Local Contract Review Board 1.2 Roll CA 1.3 Pledge of Allegiance 1.4 Council Communications&liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items COUNCIL AGENDA—FEBRUARY 28,2006 page 2 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) Tigard Area Chamber of Commerce Follow-up to Previous Citizen Communication 7:45 PM 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 Council Minutes for January 17 and 24,2006 3.2 Approve First Amendment to Urban Services Intergovernmental Agreement with Cities of Tigard, Tualatin, Beaverton, and Wilsonville, and Washington County (Washington County—Wilsonville to Beaverton Commuter Rail Project) 3.3 Approve Intergovernmental Agreement (IGA) — Organization and Function of the Tualatin Basin Natural Resource Coordinating Committee • Consent Agenda -Items Removedfor Separate Discussion: Any items requested to be removed firm the ConsentA ,gendafor separate discussion will be considend immediately after The Council bas voted on those items wbich do not need discussion. T-55 4. PUBLIC HEARING (QUASI-JUDICIAL): VACATION OF AN UN-NAMED PUBLIC RIGHT-OF-WAY EAST OF SW 74TH AVENUE AND EAST OF THE S P & S RAILROAD RIGHT-OF-WAY,NORTH OF DURHAM ROAD (VAC2005-00003) The purpose of the public hearing is to consider a request by Larusso Concrete Company, Inc. and Richard Akerman &James Wathey concerning the proposed vacation 'involving an approximately 7,845 square foot portion of an un-named public right-of-way. The petition was filed with the City on November 15,2005 and initiated by the City Council at the request of the applicant on December 20, 2005. Any 'interested person may appear and be heard for or against the proposed vacation of said Un-Named Portion of Public Right-of-way East of SW 74th Avenue Vacation. Any written objections or remonstrances shall be filed with the City Recorder by 7:30 PM on February 28.2006. a. Open Public Hearing-Mayor b. Staff Report: City Attorney and Community Development Staff C. Declarations or Challenges d. Public Testimony Proponents Opponents Rebuttal e. Staff Recommendation f. Council Discussion 9- Close Public Hearing h. Council Consideration: Ordinance No. 06- COUNCIL AGENDA—FEBRUARY 28,2006 page 3 8:05 5. PUBLIC HEARING (QUASI-JUDICIAL): VACATION OF FIVE SMALL PORTIONS OF PUBLIC RIGHT-OF-WAY TOTALING 3,392 SQUARE FEET ALONG SW 68TH PARKWAY AND 69TH AVENUE(VAC2005-00004&VAC2005-00005) The purpose of the public hearing is to consider a request by Specht Development, Inc. concerning the proposed vacation involving five (5) small portions of public right-of-way totaling 3,392 square feet. The petition was filed with the City on September 9, 2005 and initiated by the City Council at the request of the applicant on January 10,2006. Any interested person may appear and be heard for or against the proposed vacation of said 68th Parkway Public Right-of-Way Vacation and 69th Avenue Public Right-of-Way Vacation. Any written objections or remonstrances shall be filed with the City Recorder by 7:30 PM on February 28,2006. a. Open Public Hearing-Mayor b. Staff Report City Attorney and Community Development Staff C. Declarations or Challenges d. 'Public Testimony Proponents Opponents Rebuttal e. Staff Recommendation f Council Discussion 9- Close Public Hearing h. Council Consideration: Ordinance No. 06- 8:15 6. PUBLIC HEARING (QUASI-JUDICIAL) LAND USE BOARD OF APPEALS (LUBA) REMAND OF ASH CREEK ESTATES SUBDIVISION (SUB) 20003-00010/PLANNED DEVELOPMENT REVIEW (PDR) 2003-00004/ZONE CHANGE (ZON) 2003- 0003/SENSn-TVE LANDS REVIEW (SLR) 2003-00005/ADJUSTMENT (VAR) 2003- 00036/ADJUSTMENT(VAR)2003-00037 The State Land Use Board of Appeals (CUBA) has remanded for a second time the City Council's approval of a 29-lot Planned Development Subdivision on 9.3 acres and associated Zone Change, Sensitive Lands, and Adjustment reviews to address a single issue relating to tree preservation. As limited by LUBA, the issue remanded is whether the tree plan preserves trees to the greatest extent possible, given that the second tree plan does not protect 23 trees designated for protection in the original tree plan,but not designated for protection in the revised tree plan previously approved. On this second remand, the applicant has submitted a second revised tree plan that amends the first revised tree plan by designating for protection the 23 trees specifically mentioned by LUBA. A full copy of LUBA's Final Opinion and Order can be obtained from City Hall at cost,or is also available online at http-1/luba.state.or.us/­­12df`/2005/sgptO5/05042.btin. LOCATION: 9750 SW 74th Avenue; WCTM 1S125DC, Tax Lots 300 and 400. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also pernutted conditionally. APPLICABLE REVIEW CRITERIA: The only applicable criterion on the issue on which LUBA remanded is CDC 18.350.100.B.3.a.1,which requires that planned developments protect existing trees to the greatest degree possible. COUNCIL AGENDA—FEBRUARY 28,2006 page 4 a. Open Public Hearing-Mayor b. Staff Report: City Attorney and Community Development Staff C. Declarations of Challenges d. Public Testimony Proponents Opponents Rebuttal e. Staff Recommendation f Council Discussion 9- Close Public Healing h. Council Consideration: Resolution No. 06- 9:05 7. LOCAL CONTRACT REVIEW BOARD:POST-PROJECT EVALUATION REPORT OF THE CM/GC (CONSTRUCTION MANAGER/GENERAL CONTRACTOR) CONTRACT FOR THE TIGARD NEW LIBRARY PROJECT • Staff Report: Engineering Department 9:15 8. CONSIDER AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR JOINT FUNDING OF A WATER SUPPLY SYSTEM PLAN WITH THE CITY OF LAKE OSWEGO 0 Staff Report: Public Works Department • Council Discussion Council Consideration of IGA 9:25 9. CONSIDER PURSUING DESIGN MODIFICATION OF THE INTERSECTION AT HALL BLVD AND 99W TO INCLUDE PEDESTRIAN IMPROVEMENTS, LANDSCAPING ENHANCEMENTS AND A POTENTIAL GATEWAY Staff Report Community Development Department • Council Discussion 0 Council Direction to Staff 9:45 10. CONSIDER A RESOLUTION TO ESTABLISH A PROPOSED LOCAL IMPROVEMENT DISTRICT (LID) AS A PROJECT IN THE FY 2005-06 CAPITAL IMPROVEMENT PROGRAM (CII), AND DIRECTING THE PREPARATION OF A PRELIMINARY ENGINEERS REPORT FOR THE PROPOSED LID IN THE TIGARD TRIANGLE AND AUTHORIZING THE ESTABLISHMENT OF A FUNDING MECHANISM FOR THE PREPARATION OF THE REPORT • Staff Report Engineering Department • Council Discussion • Council Direction to Staff COUNCIL AGENDA—FEBRUARY 28,2006 page 5 9:55 11. CONSIDER BUDGET AMENDMENT #10 TO THE FY 2005-06 BUDGET TO INCREASE APPROPRIATIONS IN THE GAS TAX FUND FOR FUNDING OF THE PRELIMINARY ENGINEER'S REPORT FOR THE PROPOSED LOCAL IMPROVEMENT DISTRICT (LID) FOR INFRASTRUCTURE IMPROVEMENTS IN THE TIGARD TRIANGLE • Staff Report: Finance/Engineering Department • Council Discussion 0 Council Consideration: Resolution No. 06- 12. NON AGENDA ITEMS 13. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are dosed to the public. 10:05 14. ADJOURNMENT COUNCIL AGENDA—FEBRUARY 28,2006 page 6 AGENDA ITEM # 4 FOR AGENDA OF February 28,2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Vacation of five small portions of public right-of-way totaling 3,392 square feet along 68h Parkway and 69`'' Avenue(VAC2005-00004&VAC2005-00005). PREPARED BY: Dick Bewersdorff -DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council vacate five portions of public right-of-way adjacent to 68h Parkway and 69b Avenue as requested by the applicant to facilitate development of eleven parcels between the two streets? STAFF RECOMMENDATION It is recommended that the City Council approve the vacation of public right-of-way by adopting the attached ordinance. At the public hearing, and after due consideration,the Council may by ordinance approve, approve with conditions,or deny the vacation request. INFORMATION SUMMARY Specht Development, Inc. has requested the right-of-way vacations shown on the vicinity map (Attachment 2). The company intends to assemble eleven parcels of land north of Dartmouth Street between 68t Parkway and 69"' Avenue for development purposes. In addition to the vacation of five small parcels totaling approximately 3,392 square feet, the company also proposed dedication of approximately 304 square feet of property in three places (Attachment 4). The attached ordinance is conditioned to require the acceptance of the City Engineer of the dedications prior to the proposed vacations becoming effective (Attachment 1). Based on the applicant's request, the City Council voted to initiate the vacation process at its meeting January 10, 2006 (Attachment 3). The next step in the process is for the City Council to hold a public hearing. Based on the outcome of the hearing, the Council may approve the ordinance,approve it with conditions or deny the request. OTHER ALTERNATIVES CONSIDERED No action. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Not applicable. ATTACHMENT LIST Attachment I - Proposed Ordinance vacating the requested right-of-way including legal descriptions and maps (applicant's exhibits A-1,B-I/A-2,B-2/A-3,B-3/A-4,B-4/A-5,B-5). Attachment 2- Applicant's request and Vicinity Map. Attachment 3 - Resolution No. 06-02 initiating the vacation hearing process. Attachment 4- Proposed right-of-way dedications(applicant's exhibits C-1,D-1/C-2, D-2/C-3,D-3). FISCAL NOTES The applicant has paid the required deposit fee. CITY OF TIGARD, OREGON ORDINANCE NO. 06- AN ORDINANCE VACATING FIVE SMALL PORTIONS OF PUBLIC RIGHT-OF-WAY TOTALING 3,392 SQUARE FEET ALONG 68TH PARKWAY AND 69n' AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON(VAC2005-00004&VAC2005-00005). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on January 10, 2006, and has been recommended by the Community Development Department; and WHEREAS, Specht Development has requested that the City of Tigard vacate the above night-of-way of 3,392 square feet in area as described in exhibits A-1 though A-5 and B-1 through B-5, as well as to accept dedication of three portions of right-of-way as described in exhibits C-1 through C-3 and D-I through D-3 to allow for the assemblage of eleven parcels of land north of SW Dartmouth Street between 68th Parkway and 69th Avenue for development purposes; and WHEREAS, all affected service providers, including utility companies and emergency 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 15.08.120,notice of the public hearing was posted in the area to be vacated and published in the newspaper; 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 February 28, 2006, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation,as provided by ORS 271.120 and TMC 15.08.130. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 3,392 square feet of public right-of-way as shown and described in the attached Exhibits A-I through A-5 and B-1 through B-5 (legal descriptions and maps of the area to be vacated) and by this reference,made part thereof. SECTION 2: Said vacation is hereby conditioned and the ordinance will not be effective until the acceptance of night-of-way dedication as described in Exhibits C-I through C-3 and D-1 through D-3 by the City Engineer, and upon recording of a certified copy of the ordinance by the City Recorder. ORDINANCE No. 06- Page I PASSED: By vote of all Council members present after being read by number and title only,this day of 12006. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of ,2006. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE No. 06- Page 2 4 EXHIBIT j- Page I of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Box 7177 Beaverton;OR 97007 503-848-2127 - LEGAL DESCRIPTION FOR S.W.:69M PARKWAY RIGHT OF WAY VACATION TAX LOT#3001,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Jack B.Root and Wilma L.Root,recorded under Document Number 2004-123997,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range I West of the Willamette Meridian,more particularly described as follows: Beginning at the southerly end of a 25.00 foot radius curve between the right of way lines for S.W. 68"Parkway and S.W.Clinton Street at the southeasterly comer of said Jack B. Root and Wilma L.Rootparcel,said point beimg on the northerly right of way line S.W. Clinton Street and being marked by a 5/8"iron rod with yellow plastic cap stamped "Northwest Surveying,LLC, Thence along said 25.00 foot radius curve,being tangent with said northerly right of way line, to the left,and having a delta angle of 8'7'45'18",a long chord bearing North 46°06'27"East 34.66 feet,and a length of 38.29 feet to a 5/8"iron Tod with a yellow plastic cap stamped"Northwest Surveying,LLC'; Thence' f along the westerly right oway line of said S.W. 68ffi Parkway,North 027.13'48" East 83.65 feet to a point measuring 35.00 feet at right angles to the centerline of said S.W. 69'Parkway-, I Thence southerly parallel with the centerline of said S.W. 68'h Parkway, South 00*03'44" East 82.58 to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 90*02'49",,a long chord bearing South 44*57'41"West 35.37 feet and a length of 39.29 feet; Thence South 89*59'06"West 3.33 feet to the point of beginning. The above described tract contains 220 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly right of way line of said S.W. Clinton Street,per survey number 30,016,on record with the Washington County Surveyor's Office. ' EXHIBIT B -- i EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION. FOR TAX LOT 3001 MAP 1 S136DD N FOUND 5/8" IRON ROD WITH CITY OF TIGARD, WASHINGTON COUNTY, OREGON YELLOW PLASTIC CAP STAMPED NORTHWEST SURVEYING, LLC , AUGUST 8, 2005 PER SURVEY NUMBER 30,016 PAGE 1 OF 1 1 CURVE TABLE. ' t 1 0o CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING ; Cl C1 39.29' 25.00' 90102'49" 35.37' S44*57'4l"W i _o C2 38.29' 25.00' 87'4518" 34.66' N46*W27"E ;3 11 °' 35.00' ---=` C3 10.59' 25.00' 247556" 10.51' -N14'21'460E � o i C4 27.70' 25.00' 6379'21" 26.31' N5814725"E I ,r 1 �1 a- (nitc�i W t � t w d 1 � 1 TAX LOT 3001. i � . C 004-123997 1 3I DO 2 Z, RIGHT—OF—WAY VACATION NI _'�' co M' AREA = ±220 SQUARE FEET w► to "� CD Cr 1 aS1 Z N SCALE 1" = 20 FEET �1 1 � 1 co o 1 . 1 POINT OF C3 ' REGISTEREDBEGINNING L-1059' 1 35.00' PROFESSIONAL LAND SURVEYOR BASIS OF BEARINGS OREGON PER SURVEY # 30,016 AARUW sk 2M CLINTON H. STUBBS JR. Is lqI 55469LS N89'59'060E 166.36' S89'S9'O6"W C4 i RENEWAL DATE: 06/30/06 S.W. CUNTON STREET 3.33' L-27'70' PREPARED FOR: JOB NAME: DARTMOUTH ST. SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTH-WEST PO BOX 7177 15400 SW MILLIKAN WAY BEAVERTON, OR 97007 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS PHONE: 503-848-2127 p�/��/ FAX: 503-848-2179 DRAWN BY: CHS S UR Y G # ��� EMAIL:�..L�i nwsusveysng{�+verizon.rset CNFCKFII RY- CHS EX=IT A—2- Page I of I Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 69M PARKWAY AND S.W. CLINTON STREET RIGHT OF WAY VACATION TAX LOT#6100,MAP 1S136DD Real Property situated in the City of Tigard Washington County,Oregon,being a portion of that parcel as described in deed to Robert S.Hogg and Harriett L.Hogg,recorded under Book 303,Page 341,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range I West of the Willamette Meridian,more particularly described as follows: Beginning at the southeast comer of said Robert S.Hogg and Harriett L.Hogg parcel, said point being on the westerly right of way line S.W. 68th Parkway,from said point a 5/8"iron rod with-a no cap bears South 89'48'48"West 0.05 feet, Thence along said westerly right of way line,North 00*03'44"West 75.32 feet to the beginning of a tangent curve; Thence along a curve to the left having a radius of 25.00 feet,a delta angle of 89°57'11", a long chord bearing North 45°02'19"West 35-34 feet,and a length of 39.25 feet to the southerly right of way line of S.W.Clinton Street; Thence parallel with the centerline of said S.W. Caton Street,North 89°59'06"East 5.00 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet,a delta angle of 89*57'11") a long chord bearing South 45°02'19"East 35.34 feet and a length of 39.25 feet to a point 35.00 feet measured at right angles to the centerline of said S.W 68th Parkway; Thence parallel with said centerline,South 00*03'44"East 75.31 feet to the easterly extension of the south line of said Robert S.Hogg and Harriett L.Hogg parcel; Thence along said easterly extension South 89'48'48"West 5.00 feet to the point of beginning. The above described tract contains 501 square feet,more or less. The basis of bearings for this description is between found monuments along the southerly line of said Robert S.Hogg and Harriett L.Hogg parcel,per survey number 30,016,on record with-the Washington County Surveyor's Office. j EXHIBIT B -2- EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6100 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 i ------ - - - -----1-- N89.59'06"E j 30.00 S.W. CUNTON STREET N89'59'06"E N89'59'06"E 5.00' RC L=39.25 ?s -. •p s_ R=25.00' C2 TAX�/LO�T/y 6100 BOOK 303, PAGE 341 NI 35.00' RIGHT-OF-WAY VACATION o AREA = ±501 SQUARE FEET C41 - "i i i ' Qt FOUND 5/8" IRON ROD WITH a i RED PLASTIC CAP STAMPED E? 3 FF �E to o 'W.LMc. LS 808 , u b co 0 PER SURVEY NUMBER 25,380 POINT OF wI• � BEGINNING ; vi SCALE 1" = 30 FEET BASIS OF BEARINGS 5.00' PER SURVEY 130,016 i S8948'48`W o � N89'4848"E 89.95 I 5.00' R 35.00' --- REGISTERED FOUND 5/8' IRON ROD WITH NO CAP PER OREGON STATE HIGHWAY PROFESSIONAL LAND SURVEYOR DEPARTMENT MAP 98-11-17 BEARS N89'4848"E 0.05' TO EXISTING CORNER OF TAX LOT 6100 s OREGON CURVE TABLE ON H. '20°� CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CLINTON H. STUBBJJR. 55469LS Cl 39.25' 25.00' 89'57'11" 35.34' S45'02'19'E RENEWAL DATE: 06/30/06 C2 39.25' 25.00' 89`57'11 35.34' N4S02'19'W PREPARED FOR: JOB NAME: DARTMOUTH ST. HT DEVELOPMENT INC ,� NUMBER: 56 NoRTHWEST PO BOX R 9 SPE CHT , BEAVERTON, OR 97007 15400 SW MIWKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 DRAWN BY: CNS S URVEYING EMAIL: LLC nwsurveying@verizan.net ni rnvrn cay. fUC EXHIBIT A— Page 1 of I Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. dm PARKWAY RIGHT OF WAY VACATION TAX LOT#6700 AND 6800,MAP IS136DD Real Property situated in the City of Tigard,Washington County,-Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 99-002709,' sai records of d county,lying in the southeast quarter of Section 36,Township I South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast comer of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,_said point being on the westerly right of way line S.W.68"'Parkway,from said point a 5/8"iron rod with a no cap bears South 89*48'48"West 0.05 feet; Thence along the easterly extension of the-northerly line of said parcel,North 89*4848" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said, S.W. 6e Parkway, Thence parallel with said centerline,South 00"03'44"East 101.71 feet to the easterly extension of the south line of said Gordon C.Root,Jack B.'Root and Wilma L:Root parcel; Thence along said easterly extension North 89*59'58"West 5.00 feet to the westerly right of way line of said S.W.6P Parkway, Thence along said westerly right of way line North 00*03'44"West 101.69 feet to the point of beginning. The above described tract contains 508 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root,Jack B.Root and Wilma L.Root parcel,per survey number 30,016,on record with the Washington County Surveyor's Office. EXHIBIT B -3 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION A 5.00 FOOT WIDE RIGHT OF WAY VACATION FOR TAX LOT 6700 AND 6800 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 - PAGE 1 OF- 1 FOUND 5/8' IRON ROD WITH RED PLASTIC CAP STAMPED i I 'W.LMc. LS 808', i PER SURVEY NUMBER 25,380 POINT OF I BEGINNING BASIS OF BEARINGS ' { PER SURVEY 130,016 N N8948'48'E N89'48'48'E 89.95' 5.00' FOUND 5/8' IRON ROD WITH NO CAP 35•� PER OREGON STATE HIGHWAY 40.00 , --y DEPARTMENT MAP 98-11-17 5.00 BEARS N8948'48'E 0.05' TO EXISTING CORNER OF TAX LOT 6100 s 3- TAX LOT 6700 k 6800 �� W Y DOC 199002709 0cz:o .+ Q RIGHT—OF—WAY VACATION ,• a' AREA = ±508 SQUARE FEET co SCALE 1 = 30 FEET `al z F.j CA o o !5 cq I ca .�a ... N N89.59'58'W REGISTERED S8959'587E 61, 5.00' PROFESSIONAL + 35.00' ----+ LAND SURVEYOR OREGON CURVE TABLE ' 'S`UB CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CLINTON N. STUBS.S:JR.] 55469LS Cl 39.25 25.00' 89'57'11' 35.34' S45'02'19'E RENEWAL DATE: 06/30/06 C2 39.25' 25.00' 89'57'11' 35.34' N45'02'19'W PREPARED FOR: JOB NAME: DARTMOUTH ST. SPDEVELOPMENT, INC JOB NUMBER: 56 N ORTHWEST PO ON, R 9 ECLAT DE BEAVER7OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICAlIONS FAX: 503-848-2179 SEMAIL: nwsurveying0vedzon.net DRAWN BY: CHS URVEING, LLC rlucrvcn ov. rw(Z EXHIBIT A Page I of I Prepared By: NORTHWEST SURVEYING,LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.68"'H PARKWAY RIGHT OF WAY VACATION TAX LOT#6600,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 98-056127,records of said county,lying in the southeast quarter of Section 36,Township I South,Range I West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast comer of said Gordon C.Root Jack B.Root and Wilma L. Root parcel, said point being on the westerly right of way line S.W.68"`Parkway,and being marked by a 5/9"iron rod with a no cap; Thence along the easterly extension of the northerly line of said parcel,.South 89*59'58" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W. 68h Parkway, Thence parallel with said centerline, South 00*0344"East 71.45 feet to a tangent curve; Thence along said curve to the Tight having a radius of 25.00 feet a delta angle of 36*52'12"; a long chord bearing South 18*22'22"West 15.81 feet, and a length of 16.09 feet to the westerly right of way line of said S.W.681b Parkway; Thence along said westerly right of way line North 00'03'44"West 86.46 feet to the point of beginning. The above described tract contains 408 square feet,more or'less_ The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root,Jack B.Root and Wilma L.Root parcel,per survey number 30,016,on record with the Washington County Surveyor's Office. EXHIBIT B - 4 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP 1 S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 I POINT OF , . BASIS OF BEARINGS BEGINNING , PER SURVEY 130,016 i S89'59'58'E S8959'580E 89.99' 5.00' FOUND 5/8' IRON ROD---'"�� i 35.00' WITH NO CAP, PER 40.00' SURVEY NUMBER 19,416 >- TAX LOT 6600 - DOC# 98-056127 0l RIGHT-OF-WAY VACATION o� _' Q `� AREA = ±408 SQUARE FEET �'01 Cki Cl o z Off, u7 co 5.00' FUTURE w� RIGHT OF WAYcn =Ell 35.00 --i DEDICATION o c v SCALE 1" = 30 FEET i 12 !!!%. m �,�� L=9.32' 47.0640.00 R=25.00' REGISTERED PROFESSIONAL LAND SURVEYOR Q �y1 i 41 X11• �� f OREGON CURVE TABLE JAX ARY 15,2002 CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CUNTON H. STUBBS JR. 55469LS Cl 16.09' 25.00' 36'52'12' 15.81' 51872 22"W RENEWAL DATE: 06/30/06 C2 9.32' 25.00' 2171'15" 9.26' N47'29'06'E PREPARED FOR: JOB NAME: DARTMOUTH ST. SPECHT DEVELOPMENT, INC JOB 8EA\I NUMBER: 56 NORTHWEST PO BOX 9ERTfli'#y OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 DRAWN BY: CHS S 11RVEYfNG EMAIL: nwsurveying�rerizon.net CFIFCKED BY: CHS EXHIBIT A —5- Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.DARTMOUTH STREET AND S.W.69TH AVENUE RIGHT OF WAY VACATION TAX LOT#6300,MAP IS136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 98-056127,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southwest comer of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being on the easterly right of way line S.W.69h Avenue,and being marked by a 5/8"iron rod with a no cap; - Thence along the southerly line of said parcel,North 8950'20"East 90.92 feet to a point 47.00 feet measured at right angles from the centerline of said S.W.Dartmouth Street; Thence along a curve to the right,being a 47.00 foot offset from the centerline of said S.W.Dartmouth Street and having a radius of 393.47 feet,a delta angle of 9°13'26''; a long chord bearing South 63*11'42"West 63.28 feet,and a length of 63.34 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet,a delta angle of 112*09'42'; a long chord bearing North 56°06'44"West 41.49 feet,and a length of 48.94 feet to a point 30.00 feet measured at right angles to the centerline of S.W. 60 Avenue; Thence parallel with said centerline,of S.W. 69th Avenue,North 00*01'53"West 5.14 feet to the point of beginning. The above described tract contains 1,755 square feet,more or less. The basis of bearings for this description is between found monuments along the easterly right of way line of said S.W. 6 Avenue,per survey number. 30,016,on record with the Washington County Surveyor's Office. EXHIBIT B - 57 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP 1S136DD 9 FOUND 5/8" IRON ROD WITH CITY OF TIGARD, WASHINGTON COUNTY, OREGON YELLOW PLASTIC CAP STAMPED AUGUST 15, 2005 "NORTHWEST SURVEYING, LLC", PAGE 1 OF 1 PER SURVEY .NUMBER 30,016 2 POINT OF BEGINNING FOUND 5/8" IRON ROD WITH NO CAP FUTURE cl M-_1`3 PER SURVEY NUMBER 19,416 C> :w;,"R RIGHT OF WAY Lmu>- TAX LOT 6300 DEDICATION DOC/ 980,%127 c> "=(n) RIGHT-OF-WAY VACATION 5�2 cn C) AREA = 1.755 SQUARE FEET *OS < ui = m cl- lp N89*W20*E 90-V 93. 30.06 N00*011vw--*" 5.14! 1 40.00' Nl' EE' C, v\ 6& -94 00. slo SCALE 1" = 30 FEET L =--jpIs*TO mmm%�i_mm REGISTERED PROFESSIONAL LAND SURVEYOR CURVE TABLE CURVE LENGTH RADIUS I DELTA CHORD CHORD BEARING OREGON Cl 63.34' 393.47' 913'26* 63.28' S6311'42"W JAWMAY t5, 2002 STUB: BS C2 48.94' 25.00' 112'09 42 41.49 N56*06'44*W CLINTON H. STUBBS JR.] 55469LS -C3 160.00' 1 440.47' 20 48'48" 159.13' N6$'34 07"E RENEWAL DATE: 06/30106 C4 2.89' 393.47' "0'25'15' L 2.89' --rN58-22-21-E PREPARED FOR: JOB NAME: DARTMOUTH ST. PO BOX 7177 SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICAlIONS FAX: 503-848=2179 EMAIL nwsur-veying@�terizon.net DRAM BY: CHS ��./ URVEYING, LLC CHECKED BY: CHS ATTACHMENT 2 SPEMT SPECHT PROPERTIES SPE=DEVELOPMENT September 9,2005 15400 S.W.MMikan Way•Beaverton OR 97006 503/646-2202 Fax 503/626-8903 www.spechtprop.com City Council City of Tigard Via-Delivery 13125 SW Hall Blvd Tigard,OR 97223 Re: Request for Council to Initiate Vacation Proceedings Dear City Council Members: Specht Development,Inc.(or an affiliated entity)intends to assemble eleven parcels of land North of Dartmouth and between 68th and 69'h street for the development of an office building. Specht intends to submit a Site Plan Application within six months. Based on the July 22,2005 pre-application meeting with City Staff,we understand that certain portions of the parcels must be dedicated and certain portions of Right of Way must be vacated to meet the City's Comprehensive Plan. In order to make the hituie Site Plan Application as accurate as possible,Specht would like to have all the dedication/vacations completed prior to application. Specht respectively requests that the City accept the following dedications of Right of Way: 1.Tax Lot#3001 Map I S 136DD+-36 SF West side of 68'Parkway North of Clinton Street, 2.Tax Lot#3 100 Map I S 136DD+434 SF on the NE comer of 68h&Clinton Streets, 3.Tax Lot#6100 Map I S 136DD+-134 SF on the SE comer of 68'h&Clinton Streets. Specht respectively requests that the City initiatethefollowing vacations of Right of Wki-.. 1.Tax Lot#3001 Map 1 S 136DD+-220 SF West side of 680'Parkway North of Clinton Street, 2.Tax Lot#6100 Map IS 136DD+-501 SF West side of 68h Parkway South of Clinton Street, 3.Tax Lot#6700&6800 Map IS 136DD+-508 SF West side of 68,b Parkway South of Clinton Street, 4.Tax Lot#6600 Map I S 136DD+408 SF West side of 68a'Parkway North of Dartmouth Street," 5.Tax Lot#6300 Map I S 136DD+4755 SF on the NE comer of 68'h and Dartmouth Streets. Legal descriptions and maps for each of the above dedications/vacations are enclosed. Thank you for your consideration of this request. Sincerely, 6-ioe Curran Senior Project Manager S:'.Proj-ts•CorporateTigard•S.of Clinton,N.of DanmoutKonespondmce•ROW Declicationvwation letter to City CoutrilmoC �AYLOR STREET =F � 1 ! M _b'•I PIF J N � y x W8 i -Mo _ _•�_••--^i-�----• S '�tt"u� MC dJNiTREEi•._ cSRI V 39 -21 3L D1v;111qOUTH o bi I� amw RIGHT OF WAY .,.r,,.•..a. >.,.,- ► R .t a•.an ms t,ypirt.. ^ CITY OF TIGARD, OREGON ATTACHMENT 3 RESOLUTION NO. 06-0-2- A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF FIVE (5) SMALL PORTIONS OF PUBLIC RIGHT-OF-WAY TOTALING 3,392 SQUARE FEET ALONG 68TH PARKWAY AND 69TH AVENUE WHICH ADJOIN TAX LOTS IS136DD-03001, IS136DD-06100, I S 136DD-06300, 1 S 136DD-06600, AND IS136DD-06700. THESE PARCELS ARE OWNED BY THE PETITIONERS AND ARE LEGALLY AND GRAPHICALLY DESCRIBED WITHIN EXHIBITS"A-1,B-I/A-2,B-2/A-3,B-3/A4,B4/A-5,B-5". WHEREAS, the applicant, Specht Development, has requested the City of Tigard initiate Vacation proceedings to vacate five (5) small portions of public right-of-way totaling 3,392 square feet along 68h Parkway and 69th Avenue as described in the Resolution title above; WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way 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 five (5) small portions of public right-of-way totaling 3,392 square feet along 68h Parkway and 69th Avenue which adjoin tax lots IS136DD-03001, I S 136DD-06100, IS136DD-06300, IS136DD-06600, and IS136DD-06700. These parcels are owned by the petitioners and are legally and graphically described within exhibits "A-1, B-1/A-2, B-2/A-3, B-3/ A4,B-4/A-5,B-5"and by reference made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on February 28,2006 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 vacation of said public right-of-way. SECTION:3 This resolution is effective immediately upon passage. PASSED: This day o.-f/Y-1" " .4 ,1- ----9006. Mayor City of Tigard ST: City Recorder-City of Tigard RESOLUTION NO. 06- Oa Page I ATTACHMENT 4 . EXHIBIT Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Bog 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.69'AVENUE RIGHT OF WAY DEDICATION TAX LOT#6100,MAP IS136DD Real Ploperty situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Robert S.Hogg and Harriett L.Hogg,recorded under Book 303,Page 341,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northwest comer of said Robert S.Hogg and Harriett L.Hogg parcel, said point being at the intersection of the easterly right of way line S.W.69°i Avenue and the southerly right of way line of S.W. Clinton Street,and being marked by a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC'; Thence along said southerly right of way line,North 89"59'06"East 25.01 feet; Thence leaving said northerly right of way line along a curve with a tangent bearing of South 89°59'06"West to the left and having a radius of 25.00 feet, a delta angle of 90'00'59",a long chord bearing South 44"58'36"West 35.36 feet,and a length of 39.28 feet to said easterly right of way line of S.W.69`"Avenue; Thence along said easterly right of way line,North 00°01'53"West 25.01 feet to the point of beginning. The above described tract contains 134 square feet,more or less. The basis of bearings for this description is between found monuments along the easterly right of way line of S.W.69h Avenue,per survey number 30,016,on record with the Washington County Surveyor's Office. EXhibIT D- EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY DEDICATION FOR TAX LOT 6100 MAP 1 S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 ■ FOUND 5/8• IRON ROD WTH YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING, LLC, CURVE TABLE PER SURVEY NUMBER 30,016 CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING Cl 39.28' 25.00' 1 90'00'59` 35.36' S44'S8'36"W - N89'59'06"E -F - - f POINT OF BEGINNING 30'00! N89'59'06'E S.W. CLINTON STREET 25.01' • ti�'o TAX LOT 6100 C) a „��`�� BOOK 303, PAGE 341 E RIGHT—OF—WAY DEDICATION SCALE i" = 20 FEET AREA = ±134 SQUARE FEET Q coE.'jC to CD W Z r7 REGISTERED PROFESSIONAL LAND SURVEYOR co UJ to o � d CD GU 4FOUND 5/$' IRON ROD WITH NO CAP OREGON Q w PER SURVEY NUMBER 19,416 .GNUAW LSTMOBS m n CLINTON H. JR.554 RENEWAL DATE: 06/30/06 PREPARED FOR: ,JOB NAME DARTMOUTH ST. SPECHT DEVELOPMENT, INC JOB NUMBER: 56 Noll- BEAVERT , OR THWEST PO ONR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848--2179 6EMAIL nwsurve)ingOverizon.net DRAWN BY: CHS UR�VEYING, LL.0 CHECKED BY: CHS EXHIBIT Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Boz 7177 Beaverton,OR 97007 Y 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY RIGHT OF WAY DEDICATION TAX LOT#3100,MAP IS136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 98-060196,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southwest comer of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being at the intersection of the easterly right of way line S.W.690, Avenue and the northerly right of way line of S.W.Clinton Street,and being marked by a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC", Thence along said northerly right of way line,North 89°59'06"East 25.01 feet; Thence leaving said northerly right of way line along a curve with a tangent bearing of South 89"59'06"West to the right and having a radius of 25.00 feet,a delta angle of 90'01'34",a long chord bearing North 45°00'OT'West 35.36 feet,and a length of 39.28 feet to said easterly right of way line of S.W.0h Avenue; Thence along said easterly right of way line,South 00°00'40"West 25.01 feet to the point of beginning. The above described tract contains 134 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly right of way line of S.W.Clinton Street,per survey number 30,016,on record with the Washington County Surveyor's Office, EXHIBIT - Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY RIGHT OF WAY DEDICATION TAX LOT#3001,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Jack B.Root and Wilma L.Root,recorded under Document Number 2004-123997,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast corner of said Jack B.Root and Wilma L.Root parcel,said point being on the westerly right of way line S.W.68"i Parkway and being marked by a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC"; Thence along said westerly right of way line,South 02"13'48"West 42.37 feet to a point measuring 35.00 feet at right angles to the centerline of said S.W.68`"Parkway; Thence northerly parallel with the centerline of said S.W.6e Parkway,North 00°0344" West 42.34 feet to the north line of said Jack B.Root and Wilma L.Root parcel; Thence along said north line,North 89"59'06"East 1.70 feet to the point of beginning. The above described tract contains 36 square feet,more or less. The basis of bearings for this description is between found monuments along the north line of said Jack B.Root and Wilma L.Root parcel,per survey number 30,016,on record with the Washington County Surveyor's Office. EXhf blT ID-3 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY DEDICATION FOR TAX LOT 3001 MAP 1S136DD SCALE 1" = 10 FEET CITY OF TIGARD, WASHINGTON COUNTY, OREGON %m AUGUST 8, 2005 w co c> PAGE 1 OF 1 BASIS OF BEARINGS i 35.00! PER SURVEY 130,016 N89*59WE 96.45' 7.30' N8959'06*E < 1.70' TAX LOT 3001 DUCT 2004-123997 CL RIGHT—OF—WAY DEDICATION AREA = ±36 SQUARE FEET i M co cli CN CC) CD co C:D co cn U'> c) co C>C-> rX 0- C) U-i REGISTERED PROFESSIONAL 35.00' LAND SURVEYORI I t ORE=GON N FOUND 5/8' IRON ROD WITH JAWJM 15.2M STU YELLOW PLASTIC CAP STAMPED CLINTON H. STUBBS JR. 55469LS "NORTHWEST SURVEYING, LLC", RENEWAL DATE: 06/30/06 PER SURVEY NUMBER 30,016 PREPARED FOR: JOB NAME: DARTMOUTH ST. BOX 7177 SPECHT DEVELOPMENT, INC 308 NUMBER: 56 NORTHWEST BEAVPO ERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 11-141-1111 DRAM BY. CHS URVEYINGEMAIL LLC nwsurveying0verizon.net S , CHECKED BY: CHS CITY OF TIGAFUBLIC HEARING ITEM NOTICE OF PUBLICl[GHT OF-WAY VACATION& PUBLIC HEARING COMMUNITY VACATION(VAC)2005-00004&VACATION NE A2005-00005 SPAPERS >68TH PARKWAYPUBLIC RIGHT-OF-WAY STREET 6605 SE Lake Road, Portland, OR 97222•PO VACATION&69� T OF- AVENUE PUBLIC RIGHWAY STREET VACATION< Box 22109•Portland, OR 97269 The Tigard City Council will hold a public hearing on Tuesday Phone:503-684-0360 Fax: 503-620-3433 February 28. 2006 at 7:30 PM at the Tigard City Hall, Town Hall Email: Room, 13125 SW Hall Boulevard,Tigard,Oregon 97223 to consider legaladvertising a@commnewspapers.com a request by Specht Development, Inc. concerning the proposed vacation involving five (5) small portions of public right-of-way AFFIDAVIT OF PUBLICATION totaling 3,392 square feet. State of Oregon, County of Washington, SS The petition was filed with the City on September 9, 2005 and initiated by the City Council at the request of the applicant on January 10, 2006. Any interested person maypear and be heard for or I, Charlotte Allsop, being the first duly sworn, against the proposed vacation of said 68 Parkway Public Right-of- depose and say that I am the Accounting Way Vacation and 69th Avenue Public Right-of-Way Vacation. Any Manager of The Times(serving Tigard, written objections or remonstrances shall be filed with the City Tualatin & Sherwood), a newspaper of Recorder by 7:30 PM on FebruaEy 28,2006. general circulation, published at Beaverton, in the aforesaid county and state, as defined by Further information may be obtained from the Planning Division ORS aforesaid 0 and 193.020, that (staffcontact: Richard Bewersdarfo at 13125 SW Hall Boulevard, Tigard, Oregon 97223, by calling 503-639-4171, or by email to City of Tigard dick "gard-or:gov.Publish 2/9,2/16/2006 TT10738 _ Public Hearing-VAC2005-00005 TT10738 a copy of which is hereto annexed, was published in the entire issue of said newspaper for 2 successive and consecutive weeks in the following issues February 9, 2006 February 16, 2006 C 1VV[1D* P-Lbc P Charlotte Allsop (Accounting Manager) Subscribed and sworn to before me this Fary 16 200 e0 ��� NOTARY UBLIC FOR OREGON My commission expires.AT t,;�M-7 Acct#10093001 Patricia Lunsford OFFICIAL SEAL City of Tigard SUZETTE I CURI3AIV 13125 SW Hall Boulevard ` NOTARY PUBLIC-OREGON Tigard, OR 97223 MY COMMISSION EXPIRES NQV 28,2007 Size 2 x 4.25 Amount Due$141.95 'remit to address above NOTICE TO MORTGAGEE, LIENHO ER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY of TIGARD Community 0evekpment Shq*,4 BetterCommunity CITY OF TIGARD NOTICE OF STREET VACATION & PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY FEBRUARY 28, 2006 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 NOS.: VACATION (VAC) 2005-00004 VACATION (VAC) 2005-00005 FILE TITLE: 68TH PARKWAY PUBLIC RIGHT-OF-WAY STREET VACATION & 69TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: Specht Development, Inc. Attn: Joe Curran 15400 Millilkan Way Beaverton, OR 97006 REQUEST: The applicant is requesting that the City of Tigard City Council vacate five (5) small portions of public right-of-way totaling 3,392 square feet. LOCATION: Along the west side of SW 68th Parkway and the east side of SW 69th Avenue immediately north of SW Dartmouth Street. DATE REQUEST WAS FILED: September 9, 2005. THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON JANUARY 10, 2006 BY SETTING A FORMAL PUBLIC HEARING DATE OF FEBRUARY 28, 2006 (Resolution No. 06-02). ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY VACATIONS. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY FEBRUARY 28, 2006 BY 7:30 PM. 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. 2438 (VOICE) OR 503-684-2772 (TDD -TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. Q / 3 9 _ \ G » 2 0 0 0 0 #< 9 0 o g < m ® m m oll ~ oc 00 k k fc / f 7 w \� /�< � 0 _ ¢ q q / / \§ 0 0 0 0 m5 ƒ G F / 4 C \ / / » 0 0 0 6 . ©: / / o 0 9 9 6 3 0 • Q 3 2 3 � , u E . t / \ / cn li-o § — \ o;� / \ _/ ® 2 7 _ <q , » o o m o 0 0 0 0 g g 9 9 W \ 2 2 2 \ � « \\ 7 \ t e ¢ 2 n g 9 9 a y a a o a a �- � � v > d v r- `r � t> 00 v; ONC,4 C7 00 00 n u� CN C cjO Q O E (—= 0 � o = r�i d tCt N c 'v U O d w Qm cn Q o = � U U O n a� c A o a N a 0 0 0 0 O i O oo a o 0 " v � M aV) V� U AGENDA ITEM# FOR AGENDA OF February 28,2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Vacation of five small portions of public right-of-way totaling 3,392 square feet along 68th Parkway and 69th Avenue (VAC2005-00004&VAC2005-00005). PREPARED BY: Dick Bewersdorff DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council vacate five portions of public right-of-way adjacent to 68th Parkway and 69th Avenue as requested by the applicant to facilitate development of eleven parcels between the two streets? STAFF RECOMMENDATION It is recommended that the City Council approve the vacation of public right-of-way by adopting the attached ordinance. At the public hearing, and after due consideration,the Council may by ordinance approve, approve with conditions, or deny the vacation request. INFORMATION SUMMARY Specht Development, Inc. has requested the right-of-way vacations shown on the vicinity mg (Attachment 2). The company intends to assemble eleven parcels of land north of Dartmouth Street between 68 Parkway and 69th Avenue for development purposes. In addition to the vacation of five small parcels totaling approximately 3,392 square feet, the company also proposed dedication of approximately 304 square feet of property in three places (Attachment 4). The attached ordinance is conditioned to require the acceptance of the City Engineer of the dedications prior to the proposed vacations becoming effective (Attachment 1). Based on the applicant's request, the City Council voted to initiate the vacation process at its meeting January 10, 2006 (Attachment 3). The next step in the process is for the City Council to hold a public hearing. Based on the outcome of the hearing, the Council may approve the ordinance, approve it with conditions or deny the request. OTHER ALTERNATIVES CONSIDERED No action. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Not applicable. ATTACHMENT LIST Attachment 1 - Proposed Ordinance vacating the requested right-of-way including legal descriptions and maps (applicant's exhibits A-1,B-1/A-2,B-2/A-3,B-3/A-4,B-4/A-5, B-5). Attachment 2 - Applicant's request and Vicinity Map. Attachment 3 - Resolution No. 06-02 initiating the vacation hearing process. Attachment 4 - Proposed right-of-way dedications (applicant's exhibits C-1, D-1/C-2, D-2/C-3, D-3). FISCAL NOTES The applicant has paid the required deposit fee. CITY OF TIGARD, OREGON ORDINANCE NO. 06- AN ORDINANCE VACATING FIVE SMALL PORTIONS OF PUBLIC RIGHT-OF-WAY TOTALING 3,392 SQUARE FEET ALONG 68TH PARKWAY AND 69TH AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON(VAC2005-00004&VAC2005-00005). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on January 10, 2006, and has been recommended by the Community Development Department; and WHEREAS, Specht Development has requested that the City of Tigard vacate the above right-of-way of 3,392 square feet in area as described in exhibits A-1 though A-5 and B-1 through B-5, as well as to accept dedication of three portions of right-of-way as described in exhibits C-1 through C-3 and D-1 through D-3 to allow for the assemblage of eleven parcels of land north of SW Dartmouth Street between 68ffi Parkway and 69ffi Avenue for development purposes; and WHEREAS, all affected service providers, including utility companies and emergency 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 15.08.120,notice of the public hearing was posted in the area to be vacated and published in the newspaper; 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 February 28, 2006, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC 15.08.130. NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 3,392 square feet of public right-of-way as shown and described in the attached Exhibits A-1 through A-5 and B-1 through B-5 (legal descriptions and maps of the area to be vacated) and by this reference,made part thereof. SECTION 2: Said vacation is hereby conditioned and the ordinance will not be effective until the acceptance of right-of-way dedication as described in Exhibits C-1 through C-3 and D-1 through D-3 by the City Engineer, and upon recording of a certified copy of the ordinance by the City Recorder. ORDINANCE No. 06- Page 1 PASSED: By vote of all Council members present after being read by number and title only,this_day of 2006. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of ) 2006. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE No. 06- Page 2 EXHIBIT A 1. Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Bog 7177 Beaverton;OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.:68'$PARKWAY RIGHT OF WAY VACATION TAX LOT#3001,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Jack B.Root and Wilma L.Root,recorded under Document Number 2004-123997,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southerly end of a 25.00 foot radius curve between the right of way lines for S.W. 68"Parkway and S.W. Clinton Street at the southeasterly comer of said Jack B. Root and Wilma L..Root parcel,said point being on the northerly right of way line S.W. Clinton Street and being marked by a 5/8"iron rod with a yellow plastic cap stamped "Northwest Surveying,LLC"; Thence along said 25.00 foot radius curve;being tangent with said northerly right of way line, to the left, and having a delta angle of 87°45'18", a long chord bearing North 46°06'27"East 34.66 feet, and a length of 38.29 feet to a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC''; Thence along the westerly right of way line of said S.W. 68a'Parkway,North 0213'48" East 83.65 feet to a point measuring 3 5.00 feet at right angles to the centerline of said S.W. 68'Parkway, Thence southerly parallel with the centerline of said S.W. 68th Parkway, South 00°03'44" East 82.58 to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 90°02'49",a long chord bearing South 44°57'41"West 35.37 feet and a length of 39.29 feet; Thence South 89°59'06"West 3.33 feet to the point of beginning. The above described tract contains 220 square feet,more or less. The basis of bearings for this description is between found monumentsalong the northerly right of way line of said S.W. Clinton Street,per survey number 30,016, on record with the Washington County Surveyor's Office. _ EXHIBIT B - EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 3001 MAP 1S136DD N FOUND 5/8* IRON ROD WITH CITY OF TIGARD, WASHINGTON COUNTY, OREGON YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING, LLC', AUGUST 8, 2005 PER SURVEY NUMBER 30,016 PAGE 1 OF 1 CURVE TABLE. I co c:x CURVE LENGTH RADIUS - DELTA CHORD CHORD BEARING 11 U-) C> cl 39.29' 25.00' 90'02 49 35.37' S44*5-f4l"W I Cl C2 38.29' 25.00' 87*45'19* 34.66' N46'06'27E _U3 11 35.00' 25.00' 241556" 10-51' 1", C3 10.59' -Nl4'21'460E cc>, i F c) C4 27.70' 25.00' 63'29'21' 26.31 , N5814!25HE ,n, i I :21 all, a cn Li TAX LOT 3001. 6 -co "; u� co -DOC# 2004-123997 co z' c>l uj ui RIGHT—OF—WAY VACATION 00 7 :zl co �19A tA-nnki L,1. �j . ol co p C) C) AREA +220 SQUARE FEET it C,4 IZC> Cl I C) ml to SCALE 1" = 20 FEET po I c C3 POINT OF REGISTERED L=10.59' 35.00' PROFESSIONAL BEGINNING LAND SURVEYOR 00* L= 7 BASIS OF BEARINGS �''� `' g OREGON 0 CLINTONUOY 15% 2002. PER SURVEY # 30,016 C C7 IBS K LH. STUBBS JR.] N8959'06*E 14 166.36 - 55469LS S89159'06aw C4 RENEWAL DATE: 06/30/06 S.W. CLINTON STREET 3.33' L=27.70' PREPARED FOR: JOB NAME: DARTMOUTH ST. SPECH! DEVELOPMENT, INC JOB NUMBER: 56 NORTHWESTPO BOX 7177 BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-11411-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICAIIONS FAX: 503-848-2179 MAIL: *verizon.net DRAM BY: CHS E S URVEYING, LLC nwsurveying CHECKED BY: CHS EXHIBIT A—2- Page Page 1 of 1 Prepared By. NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY AND S.W. CLINTON STREET RIGHT OF WAY VACATION TAX LOT#6100,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Robert S.Hogg and Harriett L.Hogg,recorded under Book 303,Page 341,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southeast corner of said Robert S.Hogg and Hamlett L.Hogg parcel, said point being on the westerly right of way line S.W. 6e Parkway,from said point a 5/8"iron rod with.a no cap bears South 89°48'48"West 0.05 feet; Thence along said westerly right of way line,North 00°03'44"West 75.32 feet to the beginning of a tangent curve; Thence along a curve to the left having a radius of 25.00 feet,a delta angle of 89°57'I 1 a long chord bearing North 45°02'19"West 35.34 feet, and a length of 39.25 feet to the southerly right of way line of S.W. Clinton Street; Thence parallel with the centerline of.said S.W. Clinton Street,North 8959'06"East 5.00 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet,a delta angle of 89°57'11", a long chord bearing South 45'02'19"East 35.34 feet, and a length of 39.25 feet to a point 35.00 feet measured at right angles to the centerline of said S.W 68th Parkway; Thence parallel with said centerline,South 00°03'44"East 75.31 feet to the easterly extension of the south line of said Robert S.Hogg and Harriett L.Hogg parcel; Thence along said easterly extension South 89°48'48"West 5.00 feet to the point of beginning. The above described tract contains 501 square feet,more or less. The basis of bearings for this description is between found monuments along the southerly line of said Robert S.Hogg and Harriett L.Hogg parcel,per survey number 30,016,on record with the Washington County Surveyor's Office. EXHIBIT B -2 EXHIBIT TO- ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6100 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 N89'59'06"E 30.00' S.W. CLINTON STREET N89'59'06'E I H89-59-06-E 1 5.00' L=39.25' 2s I R=25.00' •o s_ I C2 TAX LOT 6100 I BOOK 303, PAGE 341 N t 35.00' RIGHT-OF-WAY VACATION mI AREA = ±501 SQUARE FEET C> rcll ui - Y FOUND 5/8' IRON ROD WITH RED PLASTIC CAP STAMPED w I_3 w o 'W.LMC. LS 808', o PER SURVEY NUMBER 25,380 POINT OF WIoo �I - BEGINNING �;� N , � I SCALE 1 - 30 FEET BASIS OF BEARINGS 5.00 I PER SURVEY 130,016 I S8948'48"W w � .� o N894848"E 89.95' I 5.00' I w I 35.00' ---� FOUND 5/8' IRON ROD WITH NO CAPD REGISTERED -PER OREGON STATE HIGHWAY I I PROFESSIONAL DEPARTMENT MAP 98-11-17 i I LAND SURVEYOR BEARS N89'48'48'E 0.05' TO EXISTING I CORNER OF TAX LOT 6100 ' I I I , OREGON CURVE TABLE �►""'u H. S' soon CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CLINTON H. STUBBS:JR.j 55469LS C1 39.25' 25.00' 89'57'11" 35.34' S45'02'19"E RENEWAL DATE: 06/30/06 C2 39.25' 25.00' 89'57'11" 35.34' N45'02'19'W PREPARED FOR: JOB NAME: DARTMOUTH ST. JOB NUMBER: 56 - NORTHWEST BEAVPO B°" 7177 SPECHT DEVELOPMENT, INC ERTON, OR 97007 15400 SW MILUKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 FD AWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 EMAIL: nwsurveyingOyerizon.net AWN 6Y: CHS S URVEYING LLC rr.VF*D Ry. r.Hs EXHIBIT A�- Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68m PARKWAY RIGHT OF WAY VACATION TAX LOT#6700 AND 6800,MAP IS136DD Real Property situated in the City of Tigard,Washington County,-Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 99-002709,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast corner of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being on the westerly right of way line S.W.68th Parkway,from said point a 5/8"iron rod with a no cap bears South 89°48'48"West 0.05 feet; Thence along the easterly extension of the northerly line of said parcel,North 89°48'48" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W. 68'b Parkway; Thence parallel with said centerline,South 00"03'44"Bast 101.71 feet to the easterly extension of the south line of said Gordon C.Root,Jack B:Root and Wilma L.'Root parcel; Thence along said easterly extension North 89°59'58"West 5.00 feet to the westerly right of way line of said S.W. 68a'Parkway; Thence along said westerly right of way line North 00°0344"West 101.69 feet to the point of beginning. The above described tract contains 508 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root,Jack B.Root and Wilma L.Root parcel,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B --3 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION A 5.00 FOOT WIDE RIGHT OF WAY VACATION FOR TAX LOT 6700 AND 6800 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 t FOUND 5/8" IRON ROD WITH 1 RED PLASTIC CAP STAMPED "W.LMc. LS 808% PER SURVEY NUMBER 25,380 POINT OF BEGINNING BASIS OF BEARINGS ' PER SURVEY 130,016 N89'48'48"E N89'4848"E 89.95' ; . 5.00' ) FOUND 5/8" IRON ROD WITH NO CAP 35.00' PER OREGON STATE HIGHWAY i , DEPARTMENT MAP 98-11-17 ' 5.00 � BEARS N89'48'48'E 0.05' TO EXI5TING CORNER OF TAX LOT 6100 TAX LOT 6700 k 6800 a' w ) DOC 199002709 0 lit RIGHT—OF-WAY VACATION � AREA = ±508 SQUARE FEET Co o SCALE 1" = 30 FEET �l co Z z ' ¢i 409*5958"W REGISTERED S89'5958"E w, 5.00' PROFESSIONAL I 35.00' -----a LAND SURVEYOR , ) OREGON . CURVE TABLE Ju+uucr u, soar CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CLINTON H. STUBBS JR. 55469LS C1 39.25' 25.00' 89'57'11" 35.34' S45'02'1A RENEWAL DATE: 06/30/06 C2 39.25' 25.00' 89'57'11" 35.34' N45`02'19"W PREPARED FOR: JOB NAME: DARTMOUTH ST. SPECHT DEVELOPMENT INC JOB NUMBER: 56 BEAVER N ORTHVYt%'jT PO BOX R 9 TON, OR 97007 fiBEA RT M�iLOR 9 WAY DRAWING NUMBER: 56DEDICATIONS PHONE: FAX: 50303848-212797 BEAVERTON, OR 97006 EMAIL: nwsurveyingOverizon.net DRAWN BY: CHs URVEYiNG, LLC f HFt'KFD RY- CHS EXHIBIT A Page I of I Prepared By: NORTHWEST SURVEYING,-LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.68'PARKWAY RIGHT OF WAY VACATION TAX LOT#6600.,MAP I S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Gordon C.Root, Jack B.Root and Wilma L-Root, recorded under Document Number 98-056127,records of said county, lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast comer of said Gordon C.Root,Jack B.Root and Wilma L Root parcel, said point being on the westerly right of way line S.W.68t"Parkway,and bein,g,marked by a 5/8"iron rod with a no cap; Thence along the easterly extension of the northerly line of said parcel,,South 89*59'58" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said, S.W.68th Parkway-, Thence parallel with said centerline, South 00*03'44"East 71.45 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet a delta angle of 36*52'12"; a long chord beanng South 18*22'22"West 15.81 feet, and a length of 16.09 feet to the westerly right of way line of said S.W.68b Parkway; Thence along said westerly right of way.line North 00*03'44"West 86.46 feet to the point of beginning. The above described tract contains 408 square feet,more or'less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,per survey number 30,016,on record with the Washington County Surveyor's Office. EXHIBIT B - 4 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 I POINT OF I BASIS OF BEARINGS BEGINNING PER SURVEY 130,016 i S89'59'58"E S89759'580E 89.99' I 5.00' I FOUND 5/8- IRON ROD i 35.00' WITH NO CAP, PER 40.00' SURVEY NUMBER 19,416 LLQ to TAX LOT 6600 . co DOCJ 98-056127 0;Cc F_ I RIGHT-OF-WAY VACATION AREA = ±408 SQUARE FEET C_ * a o� VI O F OI ClI p O co Z I w =� =1 5.00 c I FUTURE RIGHT OF WAYcn m- - 35.00' —' DEDICATION „Qi h8c:' SCALE 1" 30 FEET I I C2 L=9.32' i m ,40.00' R=25.00' 47.00 L REGISTERED ROFESSIONAL ND SURVEYOR OREGON CURVE TABLE JMUA" u, 2002 CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CLINTON H. STUBBS JR. 55469LS C1 16.09' 25.00' 36'52'12' 15.81' S18'22'22"W RENEWAL DATE: 06/30/06 C2 9.32' 25.00' 21'21'15" 9.26' N47'29'O6"E PREPARED FO7W�AY ' AME: DARTMOUTH ST. UMBER: 56 N ORTHWEST PO Box 7177 SPECHT DEVBEAVERTON, OR 97007 15400 SW PHONE: 503-848-2127 BEAVERTONG NUMBER: 56DEDICATIONS FAX: 503-848-2179 EMAIL: nwsurveying©verizon.net BY: CHS SURVEYING, LLC ED BY: CHS__ EXHIBIT A —5- Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Boz 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.DARTMOUTH STREET AND S.W. 69TR AVENUE RIGHT OF WAY VACATION TAX LOT#6300,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 98-056127,records of said county, lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southwest corner of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel, said point being on the easterly right of way line S.W. 65P Avenue,and being marked by a 5/8"iron rod with a no cap; - Thence along the southerly line of said parcel,North 89°50'20"East 90.92 feet to a point 47.00 feet measured at right angles from the centerline of said S.W.Dartmouth Street; Thence along a curve to the right,being a 47.00 foot offset from the centerline of said S.W.Dartmouth Street and having a radius of 393.47 feet, a delta angle of 9°13'26";a long chord bearing South 63°11'42"West 63.28 feet, and a length of 63.34 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 112°09'42"; a long chord bearing North 56°06'44"West 41.49 feet,and a length of 48.94 feet to a point 30.00 feet measured at right angles to the centerline of S.W. 69P Avenue; Thence parallel with said centerline of S.W. 69t`Avenue,North 00°01'53"West 5.14 feet to the point of beginning. The above described tract contains 1,755 square feet,more or less. The basis of bearings for this description is between found monuments along the easterly right of way line of Said S-W. 6 9 t Avenue,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B 5 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP 1S136DD N FOUND 5/8" IRON ROD WITH CITY OF TIGARD, WASHINGTON .COUNTY, OREGON YELLOW PLASTIC CAP STAMPED AUGUST 15, 2005 'NORTHWEST SURVEYING, LLC", PAGE 1 OF 1 PER SURVEY NUMBER 30,016 i I w k� z POINT OF BEGINNING FOUND 5/8".IRON ROD WITH NO CAP FUTURE ricc;l, Q z►� , PER SURVEY NUMBER 19,416 RIGHT OF WAY �Z � m' M TAX LOT 6300 DEDICATION I � P . DOCJ 98056127 3 N v -S5 . RIGHT—OF—WAY VACATION -09�� < W z AREA'= 1,755 SQUARE FEET m m ! N89'50'20"E 90.92' G�` r-- 30.00' IN00'01'53"W 5.14' G1 3.51 40.00' 47.00. i S pp4 I S�� SCALE 1" = 30 FEET Qw_ R%O / REGISTERED I PROFESSIONAL LAND SURVEYOR y CURVE TABLE CURVC LENGTH RADIU� DELTA CHORD CHORD BEARING OREGON Cl 63.34' 393.47' 9'13'26" 63.28' S63'11'42"W JANURY 0, 2002 C2 48.94' 25.00' 112'09'42" 41.49' N56'06'44"W CLINTON H. STUBBS JR. 55469LS -C3 160.00' 440.47 20'48'48" 159.13' N68'34'07"E RENEWAL DATE: 06/30/06 C4 . j 2.89' 393.47' 0'25'15" 1 2.89' N58-22'21"E PREPARED FOR: JOB NAME: DARTMOUTH ST. PO BOX 7 SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503=848-2179 EMAIL: nwsurveyingc�verizon.net DRAWN BY: CHS S URVEYING, LLC CHECKED BY: CHS ATTACHMENT 2 41�'P SPECHT SPECHT PROPERTIES SPECHT DEVELOPMENT September 9,2065 15400 S.W.MMan Way+Beaverton OR 97006 503/646-2202 Fax 503/626-8903 www.spechtprop.com City Council City of Tigard Via:Delivery 13125 SW Hall Blvd Tigard,OR 97223 Re: Request for Council to Initiate Vacation Proceedings Dear City Council Members: Specht Development,Inc.(or an affiliated entity)intends to assemble eleven parcels of land North of Dartmouth and between 68'and 69'street for the development of an office building. Specht intends to submit a Site Plan Application within six months. Based on the My 22,2005 pre-application meeting with City Staff,we-understand that certain portions of the parcels must be dedicated and certain portions of Right of Way must be vacated to meet the City's Comprehensive Plan. In order to make the future Site Plan Application as accurate as possible,Specht would like to have all the dedication/vacations completed prior to application. Specht respectively requests that the City accept the following dedications of Right of Way: 1.Tax Lot#3001 Map IS 136DD+-36 SF West side of 686'Parkway North of Clinton Street, 2.Tax Lot#3100 Map IS 136DD+434 SF on the NE comer of 686'&Clinton Streets, 3.Tax Lot:#6 100 Map I S 136DD+-134 SF on the SE comer of 686x&Clinton Streets. Specht respectively requests that the City initiate the following vacations of P 2 Right of Way I.Tax Lot#3001 Map 1 S 136DD+-220 SF West side of 686i Parkway North of Clinton Street, 2.Tax Lot#6100 Map IS 136DD+-501 SF West side of 686h Parkway South of Clinton Street, 3.Tax Lot#6700&6800 Map IS136DD+-508 SF W6st side of 686b Parkway*South of Clinton Street, 4.Tax Lot#6600 Map 1 S 136DD+-409 SIT West side of 686a Parkway North,of Dartmouth Street, 5.Tax Lot#6300 Map I S 136DD+-1755 SF on the NE comer of 68b and Dartmouth Streets. Legal descriptions and maps for each of the above dedications/vacations are enclosed. Thank you for your consideration of this request. Sincerely, AJoe Curran Senior Project Manager S:Projects-CorporateTigard-S.of Clinton.N.of Dwimouth,Corrupondenc66ROW Dedicationsamion letter to City Cound.DOC I i i S.W. 0AYLOR STREET y .�• { I ! � r{�r A C I{ 1 • i ! iQ to I Ell �+ 1 66 _ o -- j S.W. CUNTCN merr148 1 i ! n �r^s j , • -----.J- 9 Pq t i N .' QART1;+fO117MSTF ET . PROPOSED Isi ST �� '!� ',. �� HOWOF WAY rob.,,,,.NtJFiVE1'fNa uc ATTACHMENT 3 CITY OF TIGARD, OREGON RESOLUTION NO. 06-0-2— A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF FIVE (5) SMALL PORTIONS OF PUBLIC RIGHT-OF-WAY TOTALING 3,392 SQUARE FEET ALONG 68TH PARKWAY AND 69TH AVENUE WHICH ADJOIN TAX LOTS IS136DD-03001, IS136DD-06100, IS136DD-06300, IS136DD-06600, AND 1S136DD-06700. THESE PARCELS ARE OWNED BY THE PETITIONERS AND ARE LEGALLY AND GRAPHICALLY DESCRIBED WITHIN EXHIBITS"A-1,B-1/A-2,B-2/A-3,B-3/A-4,B-4/A-5,B-5". WHEREAS, the applicant, Specht Development, has requested the City of Tigard initiate Vacation proceedings to vacate five (5) small portions of public right-of-way totaling 3,392 square feet along 68b Parkway and 69th Avenue as described in the Resolution title above;. 1 WHEREAS,the Tigard City Council Ends it appropriate to initiate Vacation proceedings for the requested public right-of-way 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 five (5) small portions of public right-of-Way totaling 3,392 square feet along 68th Parkway and 69th Avenue which adjoin tax lots IS136DD-03001, IS136DD-06100, IS136DD-06300, IS136DD-06600, and IS136DD-06700. These parcels are owned by the petitioners and are legally and graphically described within exhibits "A-1, 'B-1/A-2, B-2/A-3, B-3/ A-4,B-4/A-5,B-5"and by reference made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on February 28,2006 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 vacation of said public right-of-way. SECTION:3 This resolution is effective immediately upon passage. PASSED: This day of 006. Mayor I City of Tigard EST: City Recorder-City of Tigard RESOLUTION NO. 06- Page 1 ATTACHMENT 4 EXHIBIT C-r / Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.69TR AVENUE RIGHT OF WAY DEDICATION TAX LOT#6100,MAP 1S136DD Real Ploperty situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Robert S.Hogg and Harriett L.Hogg,recorded under Book 303,Page 341,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northwest comer of said Robert S.Hogg and Harriett L.Hogg parcel, said point being at the intersection of the easterly right of way line S.W.69P Avenue and the southerly right of way line of S.W. Clinton Street,and being marked by a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC"; Thence along said southerly right of way line,North 89°59'06"East 25.01 feet; Thence leaving said northerly right of way line along a curve with a tangent bearing of South 89'59'06"West to the left and having a radius of 25.00 feet, a delta angle of 90°00'59",a long chord bearing South 44'58'36"West 35.36 feet,and a length of 39.28 feet to said easterly right of way line of S.W.69� Avenue; Thence along said easterly right of way line,North 00'01'53"West 25.01 feet to the point of beginning. The above described tract contains 134 square feet,more or less. The basis of bearings for this description is between found monuments along the easterly right of way line of S.W.69t'Avenue,per survey number 30,016,on record with the Washington County Surveyor's Office. EXhibIT D--i EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY DEDICATION FOR TAX LOT 6100 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 ■ FOUND 5/8' IRON ROD WITH YELLOW PLASTIC CAP STAMPED 'NORTHWEST SURVEYING, LLC', CURVE TABLE PER SURVEY NUMBER 30,016 CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING Cl 39.28' 25.00' 90'00'59' 35.36' 1 S44'58'36'W - - - N89'59'06'E - - - - - - i IPOINT OF BEGINNING 30'00, I N89 '060E S.W. CLINTON STREET'S9 25.01' 3 ` oin tido TAX LOT 6100 ' CDN , �`'' BOOS: 303, PAGE 341 I Z Z �"� RIGHT—OF—WAY DEDICATION SCALE i" = 20 FEET = 30.00' AREA = ±134 SQUARE FEET --- Lu co O Z CD o LLJzLLJ r7 C,; In REGISTERED Q Q PROFESSIONAL LAND SURVEYOR C° � ' oro ' Cfl Z FOUND 5/8' IRON ROD WITH NO CAP OREGON I Q W PER SURVEY NUMBER 19,416 JANUARY 15,2002 m CLINTON H. STUBBS JJR. 1 55469LS I (.f) RENEWAL DATE: 06/30/06 PREPARED FOR: JOB NAME: DARTMOUTH ST. BOX 717 SPECHT DEVELOPMENT, INC JOB NUMBER: 56 N oRTHWEST BEAVERTON, OR797007 15400 SW MILUKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 EMAIL: nwsurvey'ing®verizon.net DRAWN BY: CHS URVEYING, LLC CHECKED BY: CHS EXHIBIT Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Box 7177 Beaverton,OR 97007 r 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY RIGHT OF WAY DEDICATION TAX LOT#3100,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 98-060196,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southwest comer of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being at the intersection of the easterly right of way line S.W.69,' Avenue and the northerly right of way line of S.W.Clinton Street,and being marked by a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC"; Thence along said northerly right of way line,North 89°59'06"East 25.01 feet; Thence leaving said northerly right of way line along a curve with a tangent bearing of South 89°59'06"West to the right and having a radius of 25.00 feet,a delta angle of 90°01'34",a long chord bearing North 45°00'07"West 35.36 feet, and a length of 39.28 feet to said easterly right of way line of S.W.69th Avenue; Thence along said easterly right of way line, South 00°00'40"West 25.01 feet to the point of beginning. The above described tract contains 134 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly right of way line of S.W. Clinton Street,per survey number 30,016,on record with the Washington County Surveyor's Office. EXhIBITJ-) ,� EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY DEDICATION FOR TAX LOT 3100 MAP 1 S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 8, 2005 PAGE 1 OF 1 ■ FOUND 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED CURVE TABLE 'NORTHWEST SURVEYING, LLC', CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING PER SURVEY NUMBER 30,016 Cl 39.28' 25.00` 90'01'34 35.36' N45'OO'07'W 1 W lV Cn cn I ? N 01 f � O � N ?� N I � 0 I `o C3 TAX LOT 3100 I o m m III DOC# 98-060196 cn RIGHT-OF-WAY D EDICATION SCALE i" 20 FEET 30.00 AREA +134 SQUARE FEE T ' 5 141.35' IREGISTERED POINT OF N89'59'06"E 166.36'PROFESSIONAL BEGINNING BASIS OF BEARINGS I LAND SURVEYOR I 30.00' PER SURVEY # 30,016 l S.W. CLINTON STREET OREGON JANUARY 15' 2002 N89'59'06"E CLINTON H. STUBBS JR. -- - - - - - - - - - -— 55469LS RENEWAL DATE: 06/30/06 PREPARED FOR: JOB NAME: DARTMOUTH ST. PO BOX SPECK DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTON, OR797007 15400 SW MILLIKAN WAYPHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS SFax: 503-848-2179 EMAIL: nwsurveyiingOverizon.net DRAWN BY: CHS URVEYING, LLC CHECKED BY: CHS EXHIBIT Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Bog 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68'PARKWAY RIGHT OF WAY DEDICATION TAX LOT#3001,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Jack B.Root and Wilma L.Root,recorded tinder Document Number 2004-123997,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast comer of said Jack B.Root and Wilma L.Root parcel,said point being on the westerly right of way line S.W.68a'Parkway and being marked by a 518"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC"; Thence along said westerly right of way line,South 02°13'48"West 42.37 feet to a point measuring 35.00 feet at right angles to the centerline of said S.W.68th Parkway; Thence northerly parallel with the centerline of said S.W.68a'Parkway,North 00°03'44" West 42.34 feet to the north line of said Jack B.Root and Wilma L.Root parcel; Thence along said north line,North 89°59'06"East 1.70 feet to the point of beginning. The above described tract contains 36 square feet,more or less. The basis of bearings for this description is between found monuments along the north line of said Jack B.Root and Wilma L.Root parcel,per survey number 30,016,on record with the Washington County Surveyor's Office. ; t{ 1 EXhIbIT 13-3 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY DEDICATION FOR TAX LOT 3001 MAP 1S136DD SCALE 1" = 10 FEET CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 8, 2005 m PAGE 1 OF 1 BASIS OF BEARINGS i 35.00' PER SURVEY $ 30,016 I N89'59'06'E 96.45' I 7.30' % 1 N8959'06"E 1.70' 3 1 TAX LOT 3001 I DOC# 2004-123997 I I RIGHT—OF—WAY DEDICATION I00 I AREA = ±36 SQUARE FEET N+ 5-36 coCCS o I I o Ii 3 o I �t co � z I M 1 C::, Cl I 1 co Z I 1Lo Lo I O toI O I I c 1 � i 310 I al muj 1 CD H V) w I W I I to REGISTERED i w PROFESSIONAL I 35.00' LAND SURVEYOR I I , I OREGON ■ FOUND 5/8" IRON ROD WITH 'AMMY 's, 2002 YELLOW PLASTIC CAP STAMPED CLINTON H. STUBBS JR. "NORTHWEST SURVEYING, LLC", 55469LS RENEWAL DATE: 06/30/06 PER SURVEY NUMBER 30,016 PREPARED FOR: JOB NAME: DARTMOUTH ST. PO BOX SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTON, OR797007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICA11ONS FAX: 503-848-2179 EMAIL: nwsurveyingOverizon.net DRAWN BY: CHS S URVEYING, LLC CHECKED BY: CHS • Agenda Item No. -5.4 For Agenda of ;Z-'Y-06 Tigard City CoundlMeeting Minutes Date: January 10,2006 Time: 6:34 p= Place: Tigard City HA 13125 SW Hall Boulevard Tigard,Oregon Attending- Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Aggenda Item Discussion&Comments Action Items (follow UP) Study Session Administrative City Council reviewed a draft of the 2006 City Staff to prepare a final draft Items Council goals. Wording changes were suggested and submit goals for City Council approval on January 24,2006. Mayor Dirksen presented the draft goals to the public during the business meeting. City Council reviewed a proposal for City of Mayor Dirksen presented Tigard logo new logo design to the public during the business meeting. * City Council finalized travel plans for Congress of Cities Conference—Match 11-16 * The March 14,2006,City Council meeting has been canceled. City Council will be attending the Staff to send out the notice Congress of Cities Conference on that date. canceling the March 14,2006 Staff asked if the City Council would Eke to City Council meeting. consider adding business items to the Marcb.21 workshop meeting;City Council members agreed to keep this meeting as a workshop unless there is a need to consider business items. COUNCIL MINUTES—JANUARY 10,2006 page 1 Agenda Item Discussion&Comments Action Items (follow up) • City Manager Prosser reported on the status of the Court of Appeals Case: John Fiewing v. City of Tigard and Windwood Construction. The Court of Appeals upheld the Land Use Board of Appeals decision. Study Session recessed: 7 p.m. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:35 pin 1.2 Council Present Mayor Dirksen, Councilors Harding,Sherwood,Wilson,and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. Citizen • Tigard High School Student Envoy Krista Foltz Communication presented a report to the City Council on Tigard High School Activities. A copy of her report is on file in the City Recorder's office. * John Frewin&7110 SW Lola Lane,Tigard, Motion by Councilor Oregon 97223 requested that City Council call up Harding,seconded by the Heanngs Office,decision for the Refuge at Councilor Woodi4to set Fanno Creek. Mr.Hewing submitted this matter for a hearing on documentation outlining his concerns with regard January 24,directing staff to to the proposed condominium development provide notice to 211 M,.. Frewing was asking for the Council call up as participants in the he noted the appeal fee was more than what he proceeding and anyone else could pay. The documents referred to above are entitled to notice under the on file in the City Recorder's office. zoning code and also directing the staff to contact After City Council discussion and upon advice of the railroad to determine if City Attorney Ramis,the following motion was the railroad has any position made and adopted: on,the scope and applicability of the easement-, COUNCIL MINUTES—JANUARY 10,2006 page 2 �genda Item Discussion&Comments Action Items (follow up) directing the City Attorney's office to do the same. January 24,2006,is the time for anyone to comment on the findings from the railroad and the City Attorney's office;also at this tit-ae, allowing to people to advocate as to whether or not the Council should even hear this matter. The proceeding will be confined to this narxow issue. The motion was approved by a unanimous vote of Council present Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes • Leonard Logan signed in to speak but declined to testify. • Sue Bielke,11755 SW 114'h,Tigard,OR 97223, also testified about the proposed Refuge at Fanno Creek condominium project She distributed copies of photographs showing water levels on the subject property. She supported Mr.Frewing's request for a City Council call up of,this item and also said the appeal fees were too high and requested the City Council consider reducing the fees for filing an appeal. Ms.Bielke said she did not think the decision was adequate and noted her concerns with flooding. She said she does not believe the proposed development meets the Code and that it should be processed as a Planned Development The subject site is in the Washington Square Regiona].Plan area. COUNCIL MINUTES—JANUARY 10,2006 page 3 Agenda Item Discussion&Comments Action Items (follow np) 3. Consent 3.1 Approve Council Minutes for December 13, Motion by Councilor Agenda 2005 Sherwood, seconded by 3.2 Receive and File: Councilor Woodruff;to a. Council Calendar approve the Consent b. Tentative Agenda Agenda. 3.3 Approve Budget Amendment#7 to the FY 2005-06 Budget to Increase Appropriations in The motion was approved the Mayor and Council Budget for Funding of by a unaninnous vote of Tigard's Contribution to the League of Oregon Council present Cities for Telecommunication Litigation Expenses—Resolution No.06-01 Mayor Dirksen Yes Councilor Harding Yes RESOLUTION 06-01—A RESOLUTION Councilor Sherwood Yes APPROVING BUDGET AMENDMENT,,R7 Councilor Wilson Yes TO THE FY 2005-06 BUDGET TO Councilor Woodniff Yes INCREASE APPROPRIATIONS IN THE MAYOR AND COUNCIL BUDGET FOR FUNDING OF TIGARDS CONTRIBUTION TO THE LEAGUE OF OREGON CITIES FORTELECOMMUNICATION LITIGATION=- ENSES 3.4 Initiate Vacation Proceedings for Several Small Pieces of Public Riga of-Way Along 68h Parkway and 69h Avenue North of Dartmouth Street;Public Right-of-Way Vacation(VAC2005- 00004 and VAC2005-00005)—Resolution No. 06-02 RESOLUTION NO. 06-01 — A RESOLUTION SETTING THE DATE OF A PUBLIC HEMJNG REGARDING THE VACATION OF FIVE (5) SMALL PORTIONS OF PUBLIC RIGHT OF WAY TOTALING 3,392 SQUARE FEET ALONG 68m PARKWAY AND 6§m AVENUE WHICH ADJOIN TAX LOTS 1S136DD- 03001, 1S136DD-06100, 1S136DD-6300, 1S136DD-06600, AND 1S136DD-06700. THESE PARCELS ARE, OWNED BY THE PETITIONERS AND ARE LEGALLY AND GRAPHICALLY DESCRIBED WITHIN EXHIBITS "A-1, B-1/A-2, B-2/A-3, B-3/A-4, B-4/A-5,B-5." COUNCIL MINUTES—JANUARY 10,2006 page 4 Agenda Item Discussion&Comments Action Items (follow up) 3.5 Local Contract Review Board a. Adopt Revisions to the City of Tigard's Public Contracting Rules as Required by New State Laws—LCRB Resolution No.06-01 LOCAL CONTRACT REVIEW BOARD RESOLUTION NO.06-01—A RE-SOLUTION ADOPTING REVISIONS To THE cITTsPUBLIC CONTRACTING RULES AS REQUIRED BY NEW STATE LAWS 4. State of the Mayor Dirksen presented the State of the City City Address address. An outline of the address is attached (Exhibit A). 5. Introduce Mayor Dirksen presented the new City of Tigard New City Logo logo design. New logo Old logo 4 A CITY OF TIGARD OREGON The Mayor and Council commented on the new design,which was professionally designed to update the previous logo of 25 years. The City Council members expressed their thoughts on the new logo's imagery representing what makes Tigard special including the quality and professionalism Tigard citizens expect The design includes trees,Fanno creek/pathway and homes showing a transition from residential to mote urban areas of the City. City Council also wanted to show that with the urbanized transition,there is an appreciation for nature. The new logo will be incorporated over time into items such as City signs,business cards and vehicles. COUNCIL MINUTES—JANUARY 10,2006 page 5 enda Item Discussion& Comments Action Items follow u Consultant Glen Marcusen thanked the City Council for their participation in developing the new design. Mayor Dirksen advised that the"tag line,"A.Place to Call Horne will also be used in conjunction with the new logo. 6. Update—e City Manager Prosser reviewed the e Quarter 2005 Quarter 2005 Goal Update. A copy of the status report of the City Goals 2005 City Council goals is on file in the City Recorder's office. 7. Introduce Mayor Dirksen introduced the 2006 City Council City Council will consider 2006 City goals. A copy of the list of goals is attached(Exhibit formal adoption of the City Council Goals B). Council goals on January 24, 2006. 8. Adjournment: 9:14 pan. Motion by Councilor Woodruff,seconded by Councilor Sherwood,to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Catherine Wheatley,City Recor ' Attest: e, Mayor,tity of Tigard Date: c,2 l-" 6(o McknkWhYUMM1200 IMMIU.Wr COUNCIL MINUTES—JANUARY 10,2006 page 6 Exhibit A—Page I Attachment to January 10,2006,City Council Meeting Minutes 2006 State of the City Address Outline Presented by: Mayor Craig Dirksen INTRODUCTION 2005 was a good year—a year of beginnings. The City,Council established the following City Council goals for 2005: 0 Revitalize Downtown • Improve 99W • Address Growth • Budget focus was on$20 million of Capital Improvements 2005 ACCOMPLISHMENTS • Completed the Downtown Plan,which gave us a road map to move forward The citizen involvement plan received the Good Governance Award from the League of Oregon Cities • V year of Street Maintenance Plan (over$800,000 in fees paid for 14,577 feet of new streets) • V full year of new library operation set new records • Opened talks with ODOT on 99W and received a study grant • Rebuilt McDonald Street/99W intersection;received funding for a revised Hall Street/99W intersection and began studying options to improve Greenburg Road intersection. • Mayor's Forum with Metro in response to Tigard and other cities expressing concern about growth issues. • Began Heritage Tree Program • Provided$2 million to purchase new park land • Began achuinistering Healthy Streams program with Metro • Held first annual Family Week Celebration 2006 PLANS • Implement City Branding with new logo,identity,park and entrance signage • Revise Comprehensive Plan by end of year • Downtown Urban Renewal District • Long Range Water Plan—four viable choices • Begin Downtown Projects Burnham Street improvements Commuter tail station Streetscape design Zoning overlays Architectural design guidefines COUNCIL MINUTES—JANUARY 10,2006 page 7 Exhibit A—Page 2 Attachment to January 10,2006, City Council Meeting Minutes • Purchase public space • Begin 99W Study and intersection improvements FUTURE CHALLENGES • General Fund Stabilization Citizen Task Force Study and Recommendations—February • Changes in Development Code to address infill and downtown development • Continued Urban Grown Boundary planning dialog with Metro and County • County Public Safety Levy • Right-of-way management and maintenance We have many things to do and the Council and I are looking forward to an exciting year of challenge and accomplishment. COUNCIL MINUTES—JANUARY 10,2006 page 8 'bit B Attachment to January 10,2006,City Council Meeting Minutes Tigard City Council Goals—2006 Continuation of 2005 Tigard City Council Goals / Revise City of Tigard Comprehensive Plan Complete draft by year end / Implement Downtown Plan Implement catalyst projects including o Improvements to Burnham Street o Identify and purchase land for a Downtown public gathering place Work to assure passage of the Urban Renewal Plan Ballot measure Identify and make changes to the Tigard Development Code needed to implement the Downtown Plan (e.g.,zoning overlays,design standards) ► Improve 99W Corridor Complete Transportation Growth Management(TGM) Corridor Study Continue Greeaburg Road intersection project Continue Hall Boulevard intersection project Other Important Goals for 2006 / Improve Communidation and Relationship with Citizens Implement the new neighborhood program throughout the City Conduct a city-wide scientific survey/report card on City services Connect Council with students in schools 0 Consider Opportunities for Major Greenspaces Purchases Purchase first-refusal options Explore School District property exchange 0 Clarify City's Position on the Provision of Urban Services to Unincorporated Areas and in the Best the Interests of the Citizens of Tigard 1 Secure Long-Range Water Source(s) / Stabilize Financial Picture Review Financial Strategy Task Force recommendations Take appropriate action to control costs COUNCIL MINUTES—JANUARY 10,2006 page 9 CITY OF TIGARD, OREGON RESOLUTION NO. 06-0-2-- A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF FIVE (5) SMALL PORTIONS OF PUBLIC RIGHT-OF-WAY TOTALING 3,392 SQUARE FEET ALONG 68TH PARKWAY AND 69TH AVENUE WHICH ADJOIN TAX LOTS 1 S 136DD-03001, I S 136DD-06100, I S 136DD-06300, 1 S 136DD-06600, AND I S 136DD-06700. THESE PARCELS ARE OWNED BY THE PETITIONERS AND ARE LEGALLY AND GRAPHICALLY DESCRIBED WITHIN EXHIBITS "A-1, B-1/A-2,B-2/A-3, B-3/A-4,B-4/A-5,B-5". WHEREAS, the applicant, Specht Development, has requested the City of Tigard initiate Vacation proceedings to vacate five (5) small portions of public right-of-way totaling 3,392 square feet along 68th Parkway and 69th Avenue as described in the Resolution title above, WHEREAS, the Tigard City Council rinds it appropriate to initiate Vacation proceedings for the requested public right-of-way 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 five (5) small portions of public right-of-way totaling 3,392 square feet along 68th Parkway and 69th Avenue which adjoin tax lots 1 S 136DD-03001, 1 S 136DD-06100, 1 S 136DD-06300, 1 S 136DD-06600, and 1 S 136DD-06700. These parcels are owned by the petitioners and are legally and graphically described within exhibits "A-1, B-I/A-2, B-2/A-3, B-3/ A-4,B-4/A-5,B-5"and by reference made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on February 28, 2006 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 vacation of said public right-of-way. SECTION :3 This resolution is effective immediately upon passage. PASSED: This day of Mayor City of Tigard TEST: City Recorder-City of Tigard RESOLUTION NO. 06- Oa Page I EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Bog 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68'$PARKWAY RIGHT OF WAY VACATION TAX LOT#3001,MAP 1S136DD Real Property situated in the City of Tigard,Washington County, Oregon,being a portion - of that parcel as described in deed to Jack B. Root and Wilma L.Root,recorded under Document Number 2004-123997,records of said county, lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southerly end of a 25.00 foot radius curve between the right of way lines for S.W. 68th Parkway and S.W. Clinton Street at the southeasterly comer of said Jack B. Root and Wilma L.Root parcel, said point being on the northerly right of way line S.W. Clinton Street and being marked by a 5/8"iron rod with a yellow plastic cap stamped "Northwest Surveying,LLC"; Thence along said 25.00 foot radius curve,being tangent with said northerly right of way line, to the left, and having a delta angle of 87°45'18", a long chord bearing North 46°06'27"East 34.66 feet, and a length of 38.29 feet to a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC"; Thence along the westerly right of way line of said S.W. 68th Parkway,North 02°.13'48" East 83.65 feet to a point measuring 35.00 feet at right angles to the centerline of said S.W. 68`x'Parkway; Thence southerly parallel with the centerline of said S.W. 68th Parkway, South 00°03'44" East 82.58 to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 90°02'49", a long chord bearing South 44°57'41"West 35.37 feet and a length of 39.29 feet; Thence South 89°59'06"West 3.33 feet to the point of beginning. The above described tract contains 220 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly right of way line of said S.W. Clinton Street,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B -- EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 3001 MAP 1S136DD 0 FOUND 5/8" IRON ROD WITH CITY OF TIGARD, WASHINGTON COUNTY, OREGON YELLOW PLASTIC CAP STAMPEDx NORTHWEST SURVEYING, LLC', AUGUST 8, 2005 PER SURVEY NUMBER 30,016 PAGE 1 OF 1 CURVE TABLE I co CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING I Cl U") 01 Cl 39.29' 25.00' 90*02'49* 35.37* S44*57'41"W C2 38.29' 25.00' 87*45'18" 34.66' N46*06'27"E 3 co 35.00' C3 10.59' 25.00' 2415'56- 1 10.51' 1 N14-21-46"E o C4 1 27.70' 25.00' 63-29'21w 26.31,' N5814'25"E NI z nii Ml w cn W N TAX LOT 3001. I l"o 'co 'o DOC# 2004-1239797 co co41 p C3 c) RIGHT—OF—WAY VACATION co co AREA +220 SQUARE FEET I cin C/5 SCALE 1" all 20 FEET po I C> w C� w w cq C3 REGISTERED POINT OF L=10.59' PROFESSIONAL BEGINNING 35.00' LAND SURVEYOR]. BASIS OF BEARINGS OREGON 2 PER SURVEY # 30;016 MUM M 200 K CLINTON H. STUBBS JR. 111! 14 55469LS i N89 5906E 166.36 S89,59'06"W C4 RENEWAL DATE: 06/30/06 S.W. CLINTON STREET 3,33' L=27.70' PREPARED FOR: JOB NAME: DARTMOUTH ST. PO BOX 7177 SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICAlIONS FAX: 503-848-2179 EMAIL: nwsurveying*verizon.net DRAWN BY: CHS I S URVEYING, LLC CHECKED BY: CHS EXHIBIT A— 2- Page 1 of I Prepared By: NORTHWEST SURVEYING-, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY AND S.W. CLINTON STREET RIGHT OF WAY VACATION TAX LOT#6100,MAP IS136DD Real Property situated in the City of Tigard,Washington County, Oregon,being a portion of that parcel as described in deed to Robert S. Hogg and Harriett L.Hogg,recorded under Book 303,Page 341,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southeast comer of said Robert S.Hogg and Harriett L.Hogg parcel, said point being on the westerly right of way line S.W. 68th Parkway,from said point a 5/8"iron rod with a no cap bears South 89*48'48"West 0.05 feet; Thence along said westerly right of way line,North 00*03'44"West 75.32 feet to the beginning of a tangent curve; Thence along a curve to the left having a radius of 25.00 feet, a delta angle of 89'57'11", a long chord bearing North 45*02'19"West 35.34 feet, and a length of 39.25 feet to the southerly right of way line of S.W. Clinton Street; Thence parallel with the centerline of said S.W. Clinton Street,North 89*59'06"East 5.00 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 89*57'11", a long chord bearing South 45*02'19"East 35.34 feet, and a length of 39.25 feet to a point 35.00 feet measured at right angles to the centerline of said S.W 68t" Parkway; Thence parallel with said centerline, South 00*03'44"East 75.31 feet to the easterly extension of the south line of said Robert S.Hogg and Harriett L.Hogg parcel; Thence along said easterly extension South 89*48'48"West 5.00 feet to the point of beginning. The above described tract contains 501 square feet,more or less. The basis of bearings for this description is between found monuments along the southerly line of said Robert S. Hogg and Harriett L.Hogg parcel,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B -2- EXHIBIT - 2- EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6100 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 N8954'-6-6-'E— - —-— - 30.00S.W. ClJNTON STREET N89*59'06*E N89-59'06-E 5.00, L=39.25 R=25.W C2 TAX LOT 6100 BOOK 303, PAGE 341 C14 1 35.00' RIGHT-OF-WAY VACATION '8'11 AREA = +501 SQUARE FEET r c> m rol w Lo Q 3 Mir- r� FOUND 51e IRON ROD WITH RED PLASTIC CAP STAMPED uj C) -W.L.Mc. LS 8W, co c::o PER SURVEY NUMBER 25,380 POINT OF ui 11 C> C) Cl 1z: (n cn SCALE 1" 30 FEET BEGINNING I BASIS OF BEARINGS 5.00' PER SURVEY 130,016 FOUND PER S89-4848"W C> CQ co N89*4848"E 89-95' i 5.04' ` -4 35.00' REGISTERED FOUND 5/8" IRON ROD WITH NO CAP PROFESSIONAL PER OREGON STATE HIGHWAY LAND SURVEYORI DEPARTMENT MAP 98-11-17 BEARS N89*48'48*E 0.05' TO EXISTING CORNER OF TAX LOT 6100 OREGON CURVE TABLE JANUARY 15. 2002 CLINTON H. STUBBS JR. CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING 55469LS - - 1 Cl 39,25' 25.00' 89-57'11" 35.34' S45-02'19-E RENEWAL DATE: 06/30/06 C2 39.25' --25.00' 89-57'11* 35.34' N45'02'19"W PREPARED FOR: JOB NAME: DARTMOUTH ST. 0 BOX 7177 SPECHT DEVELOPMENTINC JOB NUMBER: 56 NORTHWEST P BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 EMAIL: nwsurveying@verizon.net DRAWN BY: CHS - S URVEYING, LLC CHECKED BY: CHS EXHIBIT A-- Page Page 1 of I Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TR PARKWAY RIGHT OF WAY VACATION TAX LOT#6700 AND 6800,MAP 1S136DD Real Property situated in the City of Tigard, Washington County,Oregon,being a portion of that parcel as described in deed to Gordon C. Root,Jack B.Root and Wilma L. Root recorded under Document Number 99-002709,'records of said county,lying in the southeast quarter of Section 36,Township I South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast comer of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being on the westerly right of way line S.W. 68b Parkway, from said point a 5/8"iron rod with a no cap bears South 89'48'48"West 0.05 feet; Thence along the easterly extension of the northerly line of said parcel,North 89*48'48" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W. 68th Parkway; Thence parallel with said centerline,South 0003'44"East 101.71 feet to the easterly extension of the south line of said Gordon C. Root,Jack B.Root and Wilma L.Root parcel; Thence along said easterly extension North 89*59'58"West 5.00 feet to the westerly right of way line of said S.W. 68th Parkway, Thence along said westerly right of way line North 00*03'44"West 101.69 feet to the point of beginning. The above described tract contains 508 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root,Jack B.Root and Wilma L.Root parcel,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING,'LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY RIGHT OF WAY VACATION TAX LOT# 6600,MAP IS136DD Real Property situated in the City of Tigard,Washington County, Oregon,being a portion of that parcel as described in deed to Gordon C.Root, Jack B.Root and Wilma L.Root, recorded under Document Number 98-056127,records of said county, lying in the southeast quarter of Section 36,Township I South,Range I West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast comer of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel, said point being on the westerly right of way line S.W. 68th Parkway, and being marked by a 5/8"iron rod with a no cap; Thence along the easterly extension of the northerly line of said parcel, South 89'59'58" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W. 68"'Parkway-, Thence parallel with said centerline, South 00*03'44"East 71.45 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 36°52'12"; a long chord bearing South 18*22'22"West 15.81 feet,and a length of 16.09 feet to the westerly right of way line of said S.W. 68b Parkway; Thence along said westerly right of way line North 00*03'44"West 86.46 feet to the point of beginning. The above described tract contains 408 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root,Jack B. Root and Wilma L.Root parcel,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. DARTMOUTH STREET AND S.W. 69TH AVENUE RIGHT OF WAY VACATION TAX LOT# 6300,MAP 1S136DD Real Property situated in the City of Tigard,Washington County, Oregon,being a portion of that parcel as described in deed to Gordon C.Root, Jack B.Root and Wilma L.Root, recorded under Document Number 98-056127,records of said county, lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southwest comer of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel, said point being on the easterly right of way line S.W. 69th Avenue, and being marked by a 5/8"iron rod with a no cap; Thence along the southerly line of said parcel,North 89°50'20"East 90.92 feet to a point 47.00 feet measured at right angles from the centerline of said S.W.Dartmouth Street; Thence along a curve to the right,being a 47.00 foot offset from the centerline of said S.W.Dartmouth Street and having a radius of 393.47 feet, a delta angle of 9°13'26"; a long chord bearing South 63°11'42"West 63.28 feet, and a length of 63.34 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 112°09'42"; a long chord bearing North 56°06'44"West 41.49 feet,and a length of 48.94 feet to a point 30.00 feet measured at right angles to the centerline of S.W. 69th Avenue; Thence parallel with said centerline of S.W. 69th Avenue,North 00°01'53"West 5.14 feet to the point of beginning. The above described tract contains 1,755 square feet,more or less. The basis of bearings for this description is between found monuments along the easterly 11gi1t of way line of said S.A. 69th Avenue,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B - 57 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON ° FOUND 5 IRON ROD WITH YELLOW PLLAA STIC CAP STAMPED AUGUST 15, 2005 "NORTHWEST SURVEYING, LLC", PAGE 1 OF 1 PER SURVEY NUMBER 3QO16 w POINT OF BEGINNING Eicli �, FOUND 5/8' IRON ROD WITH NO CAP 0� 83 a c i PER SURVEY NUMBER 19,416FUTURE z ►� 'oRIGHT OF WAY m r 3 TAX LOT 6300 DEDICATION o `r' DOC# 98056127 v� o RIGHT-OF-WAY VACATION M m AREA = 1,755 SQUARE FEET 0°' �� r-- 30.00' , N89'50'20"E 90.92' r G N00'01'53"W 5.14' G ' � 3 3 � 40.00' 61 ? R,Sg� 47.00' 001 SCALE 1" = 30 FEET `` lot, P/� $�' _ R,��o REGISTERED /J PROFESSIONAL LAND SURVEYOR ../ CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING OREGON C1 63.34' 393.47' 913'26" 63.28' S6311'42"W is, C2 48.94' 25.00' 112'09'42" 41.49' N56'06'44"W H H. STUBHS JR. CLINTONON UB 55469LS C3 160.00' 440.47' 1 20'48'48„ 159.13' 1 N68'34'07"E RENEWAL DATE: 06/30/06 C4 2.89' 393.47' 0'25'15" 2.89' N58'22'21"E PREPARED FOR: JOB NAME: DARTMOUTH ST. SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST L3EAPO VERT , OR ONR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-8482179 ��� EMAIL.: nwsurveying@�verizon.net DRAWN BY: CNS NG, LLC S CHECKED BY: CHS T1Gp:�C3 +�1T CITY OF TIGARD JANUARY OREGON T BARD CITY At 7 qy S' 0"'S �ALL BL�V'D 1 31523 ,. k@,y »4 xz S It PUBLIC 97 ' 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. Citizen Communication 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 503-639-4171, ext. 2410 (voice) or 503-684-2772 (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 by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA — JANUARY 10, 2006 page 1 AGENDA TIGARD CITY COUNCIL MEETING JANUARY 101, 2006 6:30 PM • STUDY SESSION • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 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 & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Krista Foltz • Follow-up to Previous Citizen Communication 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. 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 Council Minutes for December 13, 2005 3.2 Receive and File: a. Council Calendar b. Tentative Agenda COUNCIL AGENDA — JANUARY 10, 2006 page 2 3.3 Approve Budget Amendment #7 to the FY 2005-06 Budget to Increase Appropriations in the Mayor and Council Budget for Funding of Tigard's Contribution to the League of Oregon Cities for Telecommunication Litigation Expenses — Resolution No. 06- 3.4 Initiate Vacation Proceedings for Several Small Pieces of Public Right-of-Way Along 68' Parkway and 691 Avenue North of Dartmouth Street; Public Right-of-Way Vacation (VAC2005-00004 and VAC2005-00005) — Resolution No. 06- 3.5 Local Contract Review Board a. Adopt Revisions to the City of Tigard's Public Contracting Rules as Required by New State Laws — LCRB Resolution No. 06- • 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. 4. STATE OF THE CITY ADDRESS • Mayor Dirksen 5. INTRODUCE NEW CITY LOGO Mayor Dirksen 6. UPDATE - FOURTH QUARTER 2005 CITY COUNCIL GOALS • Staff Report: City Administration 7. INTRODUCE 2006 CITY COUNCIL GOALS Mayor Dirksen 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS COUNCIL AGENDA — JANUARY 10, 2006 page 3 t 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 11 . ADJOURNMENT iaadm\cathy\ccat2006\060110.doci:\admlcathy\cca\2006\060110.doc COUNCIL AGENDA — JANUARY 10, 2006 page 4 AGENDA iTEM# FOR AGENDA OF January 10,2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiate vacation proceedings for several small pieces of public right-of-wav along 68th Parkway and 69th Avenue north of Dartmouth Street; Public rig—ht-of way Vacation lVAC2005-00004 and VAC2005-00005 . PREPARED BY: Dick Bewersdorff DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council initiate vacation proceedings for five (5) small portions of public right-of-way totaling 3,392 square feet along 6e Parkway and 69th Avenue which adjoin tax lots 1S136DD-03001, 1S136DD-06100, 1 S 136DD-06300, 1 S 136DD-06600, and 19136DD-06700. These parcels are owned by the petitioners and are legally and graphically described within exhibits"A-1,B-1/A-2,B-2/A-3,B-3/A-4,B-4/A-5,B-5". STAFF RECOMMENDATION It is recommended that the City Council accept the petition for vacation by resolution and schedule this matter for public hearing. At the public hearing, or after due consideration,the Council may by ordinance approve, approve with conditions,or deny the vacation request. INFORMATION SAY The applicant Specht Development requested the Council initiate, this Vacation on September 9, 2005 (Attachment, Vacation request). After initiation the next step in the process is for the City Council to hold a public hearing on February 28, 2006. As indicated in the attached exhibits, the applicant is proposing certain dedications for which the City has received legal descriptions. These will allow for streets to be constructed to City standards. Any recommendation for approval will be subject to completing those dedications. The applicants are requesting the vacation of five (5) small portions of public right-of-way totaling 3,392 square feet along 6e Parkway and 69th Avenue north of Dartmouth Street. OTHER ALTERNATIVES CONSIDERED No action. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment 1 - Proposed Resolution setting the date for public hearing including legal descriptions and maps - (exhibits A-1,B-1/A-2,B-2/A-3,B-3/A-4,B-4/A-5,B-5). Attachment 2—Overall Map indicating vacations and dedications. Attachment 3 -Vacation request including exhibits for dedications. FISCAL NOTES There are no direct fiscal impacts as a result of this request,as all fees have been paid by the applicant. CITY OF TIGARD, OREGON RESOLUTION NO. 06-- A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF FIVE (5) SMALL PORTIONS OF PUBLIC RIGHT-OF-WAY TOTALING 3,392 SQUARE FEET ALONG 68T' PARKWAY AND 69111 AVENUE WHICH ADJOIN TAX LOTS 1 S 136DD-03001, 1S136DD-06100, 1S136DD-06300, 1S136DD-06600, AND 1S136DD-06700. THESE PARCELS ARE OWNED BY THE PETITIONERS AND ARE LEGALLY AND GRAPHICALLY DESCRIBED WITHIN EXHIBITS"A-1,B-1/A-2,B-2/A-3,B-3/A-4,B-4/A-5,B-5". WHEREAS, the applicant, Specht Development, has requested the City of Tigard initiate Vacation proceedings to vacate five (5) small portions of public right-of-way totaling 3,392 square feet along 68�' Parkway and 69th Avenue as described in the Resolution title above; WHEREAS,the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way 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 five (5) small portions of public right-of-way totaling 3,392 square feet along 68"' Parkway and 69th Avenue which adjoin tax lots 1 S 136DD-03001, 1 S 136DD-06100, 1 S 136DD-06300, 1 S 136DD-06600, and 1 S 136DD-06700. These parcels are owned by the petitioners and are legally and graphically described within exhibits "A-1, B-1/A-2, B-2/A-3, B-3/ A-4,B-4/A-5,B-5"and by reference made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council.on February 28,2006 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 vacation of said public right-of-way. SECTION :3 This resolution is effective immediately upon passage. PASSED: This day of 2006. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 06- Page 1 EXHIBIT A 1 Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Bog 7177 Beaverton;OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.=68TR PARKWAY RIGHT OF WAY VACATION TAX LOT#3001,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as descn'bed in deed to Jack B.Root and Wilma L.Root,recorded under Document Number 2004-123997,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southerly end of a 25.00 foot radius curve between the right of way lines for S.W.6e Parkway and S.W.Clinton Street at the southeasterly comer of said Jack D. Root and Wilma L.Root parcel,said paint being on the northerly right of way line S.W. Clinton Street and being marked by a 5/8"iron rod with a yellow plastic cap stamped "Northwest Surveying,LLC"; Thence along said 25.00 foot radius curve,being tangent with said northerly right of way line, to the left,and having a delta angle of 87°45'18",a long chord bearing North 46°06'2T'East 34.66 feet,and a length of 38.29 feet to a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC"; Thence along the westerly right of way line of said S.W. 68'�'Parkway,North 0213'48" East 83.65 feet to a point measuring 35.00 feet at right angles to the centerline of said S.W. 6e Parkway; Thence southerly parallel with the centerline of said S.W.68"Parkway,South 00"03'44" East 82.58 to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 90°02'49",a long chord bearing South 44"57'41"West 35.37 feet and a length of 39.29 feet; Thence South 89°59'06"West 3.33 feet to the point of beginning. The above described tract contains 220 square feet,more or less. The basis of bearings for this description is between found monuments.along the northerly right of way line of said S.W. Clinton Street,per survey number 30,016,on record with the Washington County Surveyor's Office. _ EXHIBIT B - �- EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 3001 MAP 1 S136DD ■ FOUND 5/8" IRON ROD WITH CITY OF TIGARD, WASHINGTON COUNTY, OREGON YELLOW PLASTIC CAP STAMPED AUGUST 8, 2005 PERRIliWEST SURVEY NUMBER SURVEYING, PAGE 1 OF 1 CURVE TABLE. i co I CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING I o I Cl 39.29' 25.00' 90'02'49" 35.37' S44 57'41"W I _o C2 38 29' 25.00' 87'4518" 34.66' N46 W27'E ii °O 35.00` C3 10.59' 25.00' 24'1556' 10.51' 'Nl4'21'46"E �i o C4 27.70' 25.00` 63'2921 26.31 N5814'25'E i�ljj , a•I � LU r! z �I cn I IL d 3 TAX LOT 3001. I ul Q -DOC# 2004-123997 co co � 3 RIGHT-OF-WAY VACATION Ni co � o I AREA = +220 SQUARE FEET W+ M. co z I o o 3 I a�I z cn to SCALE f = 20 FEET _I I y I 1 C> a mcqw � I I _ I POINT OF _ C3 REGISTERED BEGINNING L 1059 I35 .a0' ` PROFESSIONAL LAND SURVEYOR . ti BASIS Cr BEARING IS yp�• I OREGON PER SURVEY # 30,016 JAWW ib.2002 CLINTON H. STUBBS JR. N89'S9'06"E 166.3fi' " C4 ► 55469LS S89'59 06 W RENEWAL DATE: 06/30/06 S.W. CUNTON STREET 3.33' L=27.70' PREPARED FOR: JOB NAME: DARTMOUTH ST. NoRTH' WEST PO BOX R 9SPECHT DEVELOPMENT, INC JOB NUMBER: 56BEAVERTON, OR 97007 15400 SW MILUKAN WAYPHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICA710NS FAX: 5037848-2179 EMAIL- nwsurvey'Ing@verizon.net DRAWN BY: CHS URVEYING, LLC CHECKED BY: CHS EXHIBIT A—2. Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Box 71.77 Beaverton,OR 97007 503-848-21.27 LEGAL DESCRIPTION FOR S.W.68TR PARKWAY AND S.W.CLINTON STREET RIGHT OF WAY VACATION TAX LOT#6106,MAP IS136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Robert S.Hogg and Harriett L.Hogg,recorded under Book 303,Page 341,records of said county,lying iIi the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southeast comer of said Robert S.Hogg and Harriett L.Hogg parcel, said point being on the westerly right of way line S.W.6e Parkway,from said point a 518"iron rod with a no cap bears South 89°48'48"West 0.05 feet; Thence along said westerly right of way line,North 00°03'44"West 75.32 feet to the beginning of a tangent curve; Thence along a curve to the left having a radius of 25.00 feet,a delta angle of 89°57'11", a long chord bearing North 45°02'19"West 3534 feet,and a length of 39.25 feet to the southerly right of way line of S.W.Clinton Street; Thence parallel with the centerline of said S.W. Clinton Street,North 89°59'06"East 5.00 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet,a delta angle of 89°57'11",a long chord bearing South 45°02'19"East 35.34 feet,and a length of 39.25 feet to a point 35.00 feet measured at right angles to the centerline of said S.W 68h Parkway, Thence parallel with said centerline,South 00°03'44"East 75.31 feet to the easterly extension of the south line of said Robert S.Hogg and Harriett L.Hogg parcel; Thence along said easterly extension South 89°48'48"West 5.00 feet to the point of beginning. The above described tract contains 501 square feet,more or less. The basis of bearings for this description is between found monuments along the southerly line of said Robert S.Hogg and Harriett L.Hogg parcel,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B -2- EXHIBIT -2EXHIBIT TO- ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6100 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 . 4 3o.o0' S.W. CLINTON STREET' N89'59'06"E N89-59-06"E 1 5.00' Rl`� s L=39.25 R=25.00' C2 co TAX LOT 6100 BOOK 303, PAGE 341 35.00' RIGHT-OF-WAY VACATION i AREA = ±501 SQUARE FEET U Ar Y Lo 111 FOUND 5/8" IRON ROD WITHCL n'i RED PLAST1C CAP STAMPED i a Wco .LMc. LS 808 , �* PER SURVEY NUMBER 25,380 PANT z1 'a`' oQo BEGINNING ;� I SCALE 1" = 30 FEET BASIS OF BEARINGS 5.00 i PER SURVEY 130,016 i 58948'48"W o M coN89'48'48"E 89.95' i 5.00' 35.00' ----� FOUND 5/8" IRON ROD WITH NO CAP REGISTERED PER OREGON STATE HIGHWAY PROFESSIONAL DEPARTMENT MAP 98-11-17 LAND SURVEYOR BEARS N894848"E D.05 TO EXISTING I CORNER OF TAX LOT 6100 i OREGON CURVE TABLE '""""'Y1S'X0°2 ECURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CLINTON H. STUBBS JR. 55469LS 39.25' 25.00' 89'57'11" 35.34' S45'02'19"E RENEWAL DATE: O6/3D/O6 39.25' 25.00' 89'57'11 35.34' N45'02'19"W PREPARED FOR: JOB NAME: DARTMOUTH ST. NORTHWEST P° R SPECHT DEVELOPMENT, INC JOB NUMBER: 56 BEAVERTONON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATION5 FAX: 503-848-2179 EMAIL: nwsurveyingOverizon.net DRAWN BY: CHS S URVEYING, LLC CHECKED BY: CHS ITA-3 Page I of I Prepared By: NORTHWEST SURVEYING,LLC PO Box 71.77 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.dm PARKWAY RIGHT OF WAY VACATION. TAX LOT#6700 AND 68005 MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described indeed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 99-002709,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast corner of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,.said point being on the westerly right of way line S.W.6e Parkway,from said point a 5/8"iron rod with a no cap bears South 89°48'48"West 0.05 feet; Thence along the easterly extension of the northerly line of said parcel,North 89'48'48" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W.6e Parkway, Thence parallel with said centerline,South 00"03'44"East 101.71 feet to the easterly extension of the south line of said Gordon C.Root,Jack B'.Root and Wilma L.'Root parcel; Thence along said easterly extension North 89°59'58"West 5.00 feet to the westerly right of way line of said S.W.68"'Parkway; Thence along said westerly right of way line North 00"03'44"West 101.69 feet to the point of beginning. The above described tract contains 508 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root,Jack B.Root and Wilma L.Root parcel,per surrey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B --3 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION A 5.00 FOOT WIDE RIGHT OF WAY VACATION FOR TAX LOT 6700 AND 6800 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 • PAGE 1 OF-1 FOUND 5/8" IRON ROD WITH i • RED PLASTIC CAP STAMPED "W.LMc. LS 808', i PER SURVEY NUMBER 25,380 POINT OF BEGINNING BASIS OF BEARINGS PER SURVEY # 30,016• N8948'48'E i N8948'48"E 89.95' ; . 5.00'- FOUND 5/8' IRON ROD WITH NO CAP 35.00' PER OREGON STATE HIGHWYAY DEPARTMENT MAP 98-11-17 i 00� BEARS N8948'48'E 0.05' TO EXISTING i i CORNER OF TAX LOT 6100 0 3• TAX LOT 6700 k 6800 Lo ce DOC 99002709 Co i � -d-I RIGHT-OF-WAY VACATION co:' AREA = 1508 SQUARE FEET - o o� i n tCSD z SCALE 1" = 30 FEET a� 3 i � m NI Li V)iN89'59'58'W REGISTERED 58959'58"E W, 5.00' PROFESSIONAL i 35.00' --"a LAND SURVEYOR OREGON CURVE TABLE 'M"urr'S' UB CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CLINTON H. STUBES ,IR. 55469LS C1 39.25' 25.00' 89'5711" 35.34' 545'02'19"E RENEWAL DATE: 06/30/06 L-2 39.25' 25.00' 1 89'57'11" 35.34' N4522'19"W PREPARED FOR: JOB NAME: DARTMOUTH ST. NORTHWEST PO BOXON, R 9 SPECHT DEVELOPMENT, INC JOB NUMBER: 56 BEAVERTON, OR 97007 15400 SW MILUKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWNG NUMBER: 56DEDICATIONS FAX: 503-848-2179 DRAWN BY: CHS URVEMAIL• nwsurveynng®verizon.net EYING, LLC CHECKED BY: CHS EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING,-LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68m PARKWAY RIGHT OF WAY VACATION TAX LOT#6600,MAP 1S136DD Real Property situated in.the City of Tigard,Washington County,Oregon„being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma.L.Root, recorded under Document Number 98-0561.27,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast comer of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being on the westerly right of way line S.W.68h Parkway,and being marked by a 5/8"iron rod with a no cap; Thence along the easterly extension of the northerly line of said parcel,.South 89'59'58" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W.68"'Parkway; Thence parallel with said centerline,South 00°03'44"East 71.45 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 36°52'12";a long chord bearing South 18°22'22"West 15.81 feet,and a length of 16.09 feet to the westerly right of way line of said S.W.6e Parkway; Thence along said westerly right of way line North 00°03'44"West 86.46 feet to the point of beginning. The above described tract contains 408 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root,Jack B.Root and Wilma L.Root parcel,per survey number 30,016,on record with the Washington County Surveyor's Office. EXHIBIT B - 4 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP 1 S136DD CITY OF TIGARD, _WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 POINT OF I BASIS OF BEARINGS BEGINNING , PER SURVEY 130,016 S8959'58"E I S8959'58"E 89.99' 5.00' FOUND 5/8" IRON ROD—" I 35.00' WTH NO CAP, PER 40.00' -- SURVEY NUMBER 19;416 ?- TAX LOT 6600 . Cal DOC; 98-056127 d-loo RIGHT-OF-WAY VACATION Ni= `-tea pd. � AREA = ±408 SQUARE FEET U O CI Cl S O co Z �I En 5.00' fJ) FUTURE LuI RIGHT OF WAY MiF�- �v 3SOO —moi DEDICATION w� > SCALE 1" = 30 FEET 1 C2 . 40.00' R=25.00' 47.00' PROFES IONAL LAND SURVEYOR - OREGON CURVE TABLE aiu+uurr'S. 2002 BCURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CUNTON H. STUBBS JR. 55469LS Cl 16.09' 25.00' 36'52'12' 15.81' S18'22'22"W RENEWAL DATE: 06/30/06 C2 9.32' 25.00' 21'21'15" 9.26' N47'29'06"E PREPARED FOR: JOB NAME: DARTMOUTH ST. PO BOX 7177. SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICAl10NS SFAX: 503- 848-2179 EMAILnwsurveyingOverizon.net DRAWN BY: CHS URVEYING, L.Lc CHECKED BY. CHS EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 x LEGAL DESCRIPTION FOR S.W.DARTMOUTH STREET AND S.W.69TH AVENUE RIGHT OF WAY VACATION TAX LOT#6300,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 98-056127,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southwest coiner of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel,said point being on the easterly right of way line S.W.69h Avenue,and- being ndbeing marked by a 518"iron rod with a no cap; _ Thence along the southerly line of said parcel,North 89°50'20"East 90.92 feet to a point 47.00 feet measured at right angles from the centerline of said S.W.Dartmouth Street; Thence along a curve to the right,being a 47.00 foot offset from the centerline of said S.W.Dartmouth Street and having a radius of 393.47 feet,a delta angle of 9°13'26";a long chord bearing South 63-1 1'4T'West 63.28 feet,and a length of 63.34 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet,a delta angle of 112'09'42";a long chord bearing North 56'06'44"West 41.49 feet,and a length of 48.94 feet to a point 30.00 feet measured at right angles to the centerline of S.W. 691'Avenue; Thence parallel with said centerline of S.W.69a'Avenue,North 00'01'53"West 5.14 feet ` to the point of beginning. The above described tract contains 1,755 square feet,more or less. The basis of bearings for this description is between found monuments along the easterly ,-+ ngkli vi way un'v of Sa1 r , a W 401h A,rs-mi ,per swrvey number. 30,016,on record with the u".+ . x,. .+++w Washington County Surveyor's Office. EXHIBIT B -s EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP i S136DD O FOUND 5/8" IRON ROD WITH CITY OF TIGARD, WASHINGTON COUNTY, OREGON YELLOW PLASTIC CAP STAMPED AUGUST 15, 2005 "NORTHWEST SURVEYING, LLC", PAGE 1 OF 1 PER SURVEY NUMBER 30,016 1 W ! �3 z POINT OF BEGINNING �, FOUND 5/8' IRON ROD WITH NO CAP fUTURE a Q co.o tz ¢ PER SURVEY NUMBER 19,416 RIGHT OF WAY cri m''P: TAX LOT 6300 DEDICATION I to �- DOC# 98056127y� 3 NRIGHT-OF-WAY VACATION ,Ov; Q Z AREA = 1,755 SQUARE FEET 1 f8950'20"E 90.92' r-- 30.00' N00'01'530W 5.14' , : .5 ;5��` 40.00' �. �9�.� 47.00': jr a S 00 SCALE 1" = 30 FEET ► .�(�� o C> � �° � � i Cori- ' R%o / REGISTERED PROFESSIONAL LAND SURVEYOR CURVE TABLE CURVE LE":GTH RADIUS DELTA r63.28' ORD CI;ORD BEARI�:G OREGON C1 63.34' 393.47' 9'13'26" S63`I1'42"W tAqulutY 15,2002 , ■ rCUNTON H. STUBBS JR. C2 48.94 25.00 112'0942 .49 N56'06 44 W 55469L5 -C3 160.00' 440.47' 20'48'48" 9.13' N68'907"E RENEWAL DATE: 06/30/06 C4 1 2.89' 1 393.47' 0'25'15" 1 2.89' 1 N58'22'21"E PREPARED FOR: JOB NAME: DARTMOUTH ST. BO SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTONX OR797007 15400 SW MILLIKAN WAY PHONE.: 503-848--2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848=2179 EMAIL: nwsurveyingoverizon.ne# DRAWN BY' CHS S URVEYING, LLC CHECKED BY: CHS a-n`JNI�AFJf1 �R� y�/�y� m•,�a me,.i �r 7y� YIN AVM�O IWPJ ffi. 8 1S�NIHlt10 N Mwciow ,1 m11 S Hinon w4 "" a r bl � N I M ry I I II lid v j I m b m I I�� c --- --.-- 49 ----- 52 �---- ------� i -- -su�� a --- N M tn I �ce I 3 zI I I� W I pais - --------------L. --- - —— SPECHT ATTACHMENT 3 SPECHT PROPERTIES SPECITT DEVELOPMENT September 9,2005 15400 S.W.Milaan Way•Beaverton OR 97006 503/646-2202 Fax 503/626-8903 www.spechtprop.com City Council City of Tigard Via-Delivery 13125 SW Hall Blvd Tigard,OR 97223 Re: Request for Council to Initiate Vacation Proceedings Dear City Council Members: Specht Development,Inc.(or an affiliated entity)intends to assemble eleven parcels of land North of Dartmouth and between 68t'and 69f'street for the development of an office building. Specht intends to submit a Site Plan Application within six months. Based on the July 22,2005 pre-application meeting with City Staff,we understand that certain portions of the parcels must be dedicated and certain portions of Right of Way must be vacated to meet the City's Comprehensive Plan. In order to make the future Site Plan Application as accurate as possible,Specht would like to have all the dedication/vacations completed prior to application. Specht respectively requests that the City accept the following dedications of Right of Way: 1.Tax Lot#3001 Map IS 136DD+-36 SF West side of 68`'Parkway North of Clinton Street, 2.Tax Lot#3100 Map 1 S 136DD+-134 SF on the NE comer of 680'&Clinton Streets, 3.Tax Lot#6100 Map 1 S 136DD+-134 SF on the SE comer of 68"'&Clinton Streets. Specht respectively requests that the City initiate the following vacations of Right of Way: .1.Tax Lot#3001 Map IS 136DD+-220 SF West side of 680'Parkway North of Clinton Street, 2.Tax Lot#6100 Map 1 S 136DD+-501 SF West side of 68`h Parkway South of Clinton Street, 3.Tax Lot#6700&6800 Map IS 136DD+-508 SF West side of 68"'Parkway South of Clinton Street, 4.Tax Lot#6600 Map 1 S 136DD+-408 SF West side of 68"'Parkway North of Dartmouth Street, 5.Tax Lot#6300 Map 1 S 136DD+-1755 SF on the NE comer of 68"'and Dartmouth Streets. Legal descriptions and maps for each of the above dedications/vacations are enclosed. Thank you for your consideration of this request. Sincerely, `! a Ailoe Curran V Senior Project Manager S`.Projects•Corporaie'Tigard•S.of Clinton.N.of Danmouth,Coaespondence•ROW Dedicationsacation letter to City Council.DOC EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 69TH AVENUE RIGHT OF WAY DEDICATION TAX LOT#6100,MAP 1S136DD Real Poperty situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Robert S.Hogg and Harriett L.Hogg,recorded under Book 303,Page 341,records of said county, lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northwest corner of said Robert S.Hogg and Harriett L.Hogg parcel, said point being at the intersection of the easterly right of way line S.W.6SP Avenue and the southerly right of way line of S.W. Clinton Street, and being marked by a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC"; Thence along said southerly right of way line,North 89°59'06"East 25.01 feet; Thence leaving said northerly right of way line along a curve with a tangent bearing of South 89°59'06"West to the left and having a radius of 25.00 feet, a delta angle of 90°00'59",a long chord bearing South 44°58'36"West 35.36 feet, and a length of 39.28 feet to said easterly right of way line of S.W. 69a'Avenue; Thence along said easterly right of way line,North 00°01'53"West 25.01 feet to the point of beginning. The above described tract contains 134 square feet,more or less. The basis of bearings for this description is between found monuments along the easterly right of way line of S.W. 69b Avenue,per survey number 30,016,on record with the Washington County Surveyor's Office. MAT B EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY DEDICATION FOR TAX LOT 6100 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 ■ FOUND 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING, LLC', CURVE TABLE PER SURVEY NUMBER 30,016 CURVE LENGTH RADIUS DELTA I CHORD CHORD BEARING Cl 39.28' 25.00' 90'00'59" 1 35.36' S44'58'36"W N89'59'06"E - - - - - i IPOINT OF BEGINNING 30.00' S.W. CLINTON STREET I N89'59'060E 25.01' - tiro TAX LOT 6100 ' z o N ,;��h BOOK 303, PAGE 341 RIGHT-OF-WAY DEDICATION SCME 1" = 20 FEET 30.00' AREA = ±134 SQUARE FEET =--- co c q L V Lu REGISTERED -< � "' PROFESSIONAL Q w > LAND SURVEYOR I = °o UJ I— p of ' Cfl Z FOUND 5/8" IRON ROD WITH NO CAP OREGONJJR. ( ¢ w PER SURVEY NUMBER 19,416 JANUARY ts,2002 CLINTON H. STUBBS55469LSI V) RENEWAL DATE: 06/30/06 PREPARED FOR: JOB NAME: DARTMOUTH ST. PO BOX SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTON, OR 797007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 EMAIL: nwsurvey"ingOverizon.net DRAWN BY: CHS S URVEYING, LLC CHECKED BY: CHS EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68"PARKWAY RIGHT OF WAY DEDICATION TAX LOT#3100,MAP 1S136DD Real Property situated in the City of Tigard,Washington County,Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 98-060196,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southwest corner of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel, said point being at the intersection of the easterly right of way line S.W. 69t' Avenue and the northerly right of way line of S.W. Clinton Street, and being marked by a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC"; Thence along said northerly right of way line,North 89°59'06"East 25.01 feet; Thence leaving said northerly right of way line along a curve with a tangent bearing of South 89°59'06"West to the right and having a radius of 25.00 feet, a delta angle of 90°01'34",a long chord bearing North 45°00'07"West 35.36 feet, and a length of 39.28 feet to said easterly right of way line of S.W. 690'Avenue; Thence along said easterly right of way line, South 00°00'40"West 25.01 feet to the point of beginning. The above described tract contains 134 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly right of way line of S.W. Clinton Street,per survey number 30,016,on record with the Washington County Surveyor's Office. EXII1I8IT 6 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY DEDICATION FOR TAX LOT 3100 MAP 1 S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 8, 2005 PAGE 1 OF 1 ■ FOUND 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED CURVE TABLE "NORTHWEST SURVEYING, LLC", CURVE LENGTH RADIUS DELTA I CHORD CHORD BEARING PER SURVEY NUMBER 30,016 Cl 39.28' 25.00' 90'01'34" 35.36' N45'00'07"W i I I I W C14 I � N cn N ?r N O I � O o TAX LOT 3100 i L25.01`9 OC# 98-060196 I GHT-OF-WAY DEDICATION SCALE 1" = 20 FEET REA = ±134 SQUARE FEET ' 30.00'o m cqw141.35' POINT OF--' N89'59'06"E 166.36' PROFESSIONAL REGISTERED BEGINNING BASIS OF BEARINGS I LAND SURVEYOR I 30.00' PER SURVEY # 30,016 S.W. CLINTON STREET OREGON JANUARY 15,2002 N89'59'06"E CLINTON H. STUBBS JR. —— — — — — — — — — — — 55469LS RENEWAL DATE: 06/30/06 PREPARED FOR: JOB NAME: DARTMOUTH ST. PO BOX SPECHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTON, OR 797007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 EMAIL: nwsurvey'ingOverizon.net DRAWN BY: CHS S URVEYING, Li-c CHECKED BY: CHS EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING,LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68'PARKWAY RIGHT OF WAY DEDICATION TAX LOT#3001,MAP IS136DD Real Property situated in the City of Tigard,Washington County, Oregon,being a portion of that parcel as described in deed to Jack B.Root and Wilma L.Root,recorded under Document Number 2004-123997,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast comer of said Jack B.Root and Wilma L.Root parcel,said point being on the westerly right of way line S.W.68t'Parkway and being marked by a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC"; Thence along said westerly right of way line, South 02°13'48"West 42.37 feet to a point measuring 35.00 feet at right angles to the centerline of said S.W.68d Parkway; Thence northerly parallel with the centerline of said S.W. 68'Parkway,North 00'03'44" West 42.34 feet to the north line of said Jack B.Root and Wilma L.Root parcel; Thence along said north line,North 89°59'06"East 1.70 feet to the point of beginning. The above described tract contains 36 square feet,more or less. The basis of bearings for this description is between found monuments along the north line of said Jack B.Root and Wilma L.Root parcel,per survey number 30,016,on record with the Washington County Surveyor's Office. EXhi'BIT B EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY DEDICATION FOR TAX LOT 3001 MAP 1S136DD SCALE 1" = 10 FEET CITY OF TIGARD, WASHINGTON COUNTY, OREGON �® AUGUST 8, 2005 0 m PAGE 1 OF 1 BASIS OF BEARINGS i 35.00' PER SURVEY 30,016 I N89'59'06"E 96.45' i 1 I 7.30' i 1 N8959'06"E 1 1.70' 3 � 4 TAX LOT 3001 I Q f DOC# 2004-123997 1 CL RIGHT-OF-WAY DEDICATION AREA = ±36 SQUARE FEET i N 00 I COco o I CD CD I I o cV I I co Z N I � �I o d- �I O I 100 I � I 1 C> d I w I w I 2-I Q- C)C) H NI W j W 1 I cn REGISTERED i ui PROFESSIONAL I 35.00' LAND SURVEYORI t I I OREGON ■ FOUND 5/8" IRON ROD WITH JAWJM 1S, 2002 YELLOW PLASTIC CAP STAMPED CLINTON H. STUBBS JR. "NORTHWEST SURVEYING, LLC", 55469LS RENEWAL DATE: 06/30/06 PER SURVEY NUMBER 30,016 PREPARED FOR: JOB NAME: DARTMOUTH ST. PO BOX SPECKDEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST BEAVERTON, OR797007 15400 SW MILLIKAN WAYPHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICAl10NS SFAX: 503-848-2179 EMAIL: nwsurveyingOverizon.net DRAWN BY: CHS URVEYING, L.Lc CHECKED BY: CHS 41`Irwt9Gl•T�tLI[-Yra- �IYOw Ll 1S�NIH LdOA l AbM d01miw i 1 Q aV ameotKx d Y i+S b t7s o �fh c V_ N<rt I ' /' ----- I� 111 •• j q � I I Y V li f V5. I-MWS NQuarb •Ms 0 Q9 i I.ODs 1 F_4 I z jLi I ODI IMI _ ------------- S �uYo M� —— j ---�---------- — I I Department Head "OK" �._ Initials Q Date: 0 Request to Schedule a Council Agenda Item -File with Cathy Wheatley or email to #Agenda - Meeting Date Tanuary 10, 2006 Packet Material Due *December 27, 2005 at 5 p.m. *(2 weeks before meeting date) Agenda Topic (state as you want the title to appear on the agenda) Request to initiate Vacation proceedings for five (5) small portions of right-of-way totaling 3,392 square feet along 68t', Parkway, . venue and north of Dartmouth Street (VAC2005-00004). 40 7M Meeting Type/Item Placement Item Information (check all that apply) Business -Executive Session ❑ Local Contract Review Board ❑ Business - Business Meeting ❑ Motion requested (specify below) ❑ *Business - Consent Agenda ® Ordinance ❑ Business - Study Meeting ❑ PowerPoint presentation ❑ Special ❑ Public Hearing ❑ Special - Executive Session ❑ Public Hearing - Informational ❑ Workshop ❑ Public Hearing - Legislative ❑ Public Hearing- Quasi-Judicial ❑ Receive and File ❑ Resolution *Consent Agenda Item (Briefly describe what Council is being asked to consider, how much it will cost, and how it will be funded.) Estimated time needed at meeting (not required for consent agenda) 5 minutes Staff contact person(s) Tames Richardson If a motion (other than an ordinance or resolution) is requested, please specify "Should Council If a legal ad is required, please specify your publication date N A Other information/instructions rAadm\cathy\forms\request to schedute.doc I,JASH CO LAND DEV. Fax:503-846-2908 .Ian 30 2006 12:38 P.01 REQUEST FOR COMMENTS om ovn"RD community Qlaystopment S4aping,9 Better Community GATE; 18nU81112.20as TO: Ston ftwax�Washinitton ColM Daoammpt of land Ile a T=808 RECEIVED FROM: Clift otTkW Plannine Dlalsion jAN 17 tuua STAFF CONTACT: Dick Dewersdord,Plenninn Manager 1x24321 Phone:15031639.4171/Pox(5033884-7297 "d � RE: VACATION (VAC) 2005-00004NACATION (VAC) 2005-00005 3> 68T" PARKWAY PUBLIC RIGHT-OF-WAY STREET VACATION & 69TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TO VACATE: The applicant is requesting that the City of Tigard City Council vacate five (5) small portions of public right-of-way totaling 3,392 square feet. LOCATION: Along the west side of SW 68th Parkway and the east side of SW 691h Avenue immediately north of SW Dartmouth Street. DATE REQUEST WAS FILED: September 9, 2005. Attached are the Site Plan, Vicinity Map, and Resolution Initiating the Vacation Request 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 CQMM NLS $.ACK BY: FEBRUARY 11, 2006. 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 Hail Boulevard, Tigard, OR 97223 or by email to dick tigard-or.gov. PLE SE 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: Name A Phone-Wumrmr of Pers*n-Cornrnent ng; 4 REQUEST FOR COMMENTS CITY OFTIGARD Community(Development ShapingA Oetter Community DATE: January 12,2006 RECEIVED PLANNING TO: Tualatin Valley Water District Administrative Offices JAN 1 9 2006 FROM: City of Tigard Planning Division STAFF CONTACT: Dick Rewersdorff,Planning Manager[x24321 CITY OF TIGARD Phone:[5031639-4171/Fax:15031684-7297 RE: VACATION (VAC) 2005-00004NACATION (VAC) 2005-00005 ➢ 68TH PARKWAY PUBLIC RIGHT-OF-WAY STREET VACATION & 69TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TO VACATE: The applicant is requesting that the City of Tigard City Council vacate five (5) small portions of public right-of-way totaling 3,392 square feet. LOCATION: Along the west side of SW 68th Parkway and the east side of SW 69th Avenue immediately north of SW Dartmouth Street. DATE REQUEST WAS FILED: September 9, 2005. Attached are the Site Plan, Vicinity Map, and Resolution Initiating the Vacation Request 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: FEBRUARY 11, 2006. 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 or by email to dick .ti_ ar�r_gov. 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: Name& Phone Number of PersonCommenting: CITY o BEQUEST FOR COMMENTS FT,GARo Community(Development Shaping A Better Community DATE: January 12,2006 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Dick Bewersdorff,Planning Manager[x24321 Phone:15031 639-4171/Fax:15031684-7291 RE: VACATION (VAC) 2005-00004NACATION (VAC) 2005-00005 ➢ 68TH PARKWAY PUBLIC RIGHT-OF-WAY STREET VACATION & 69TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TO VACATE: The applicant is requesting that the City of Tigard City Council vacate five (5) small portions of public right-of-way totaling 3,392 square feet. LOCATION: Along the west side of SW 68th Parkway and the east side of SW 69th Avenue immediately north of SW Dartmouth Street. DATE REQUEST WAS FILED: September 9, 2005. Attached are the Site Plan, Vicinity Map, and Resolution Initiating the Vacation Request 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: FEBRUARY 11, 2006. 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 or by email to dick(a)tigard-or.gov. 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: Name& Phone Number of PersonCommenting: -ITY OF TIGARD REQUEST F0- COMMENTS NOTIFICA'i SON LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: FILE NAME: CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central Wast ❑South ❑West / CITY OFFICES X LONG RANGE PLANNING/Barbara Shields,Planning Mgr. MMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. _POLICE DEPT./Jim Wolf,Crime Prevention Officer 111 BUILDING DIVISION/Gary Lampella,Building Official 2C ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer_PUBLIC WORKS/Matt Stine,Urban Forester _CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC WORKS/Rob Murchison,Project Engineer ✓PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! SPECIAL DISTRICTS TUAL.HILLS PARK&REC.DIST.►X/,UALATIN VALLEY FIRE&RESCUE* 4TUALATIN VALLEY WATER DISTRICT♦ _ CLEANWATER SERVICES 1 Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE 19RISDICTIONS CITY OF BEAVERTON 11F _ CITY OF TUALATIN _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 3406 Cherry Avenue NE Melinda Wood(WLUN Fong Required) _ Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue Salem,OR 97303 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 Salem,OR 97301-1279 Beaverton,OR 97076 OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM 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 _ Bob Knight,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP Kathryn Harris(Maps&CWS Letter Only) _ Mel Huie,Greenspaces Coordinator(CPA/ZOA) Larry French(Comp.Plan Amendments Only) Routing CENWP-OP-G _CITY OF KING CITY _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powerlines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hills oro OR 97124 PO Box 369 Portland,OR 97208-3621 Steve Conway(General Apps.) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 _Brent Curtis(CPA) TY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) �IXGrant Robinson,Development Review Coordinator _DOrla Mateja(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(cpAZCA)MS1< 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,surveyor(ZCA)Ms is Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1-DISTRICT 2A _ODOT,RAIL DIVISION _STATE HISTORIC Dave Austin(WCCCA)"911"(Mpe 1,T­) Sam Hunaidi,Assistant District Manager (Notify if ODOT R/R-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 1115 Commercial Street,NE Salem,OR 97301-4179 Salem,OR 97301-1012 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 1200 Howard Drive SE Albany,OR 97322-3336 _SOUTHERN PACIFIC TRANS.CO.RIR YMETRO AREA COMMUNICATIONS _COMCAST CABLE CORP. 'kTRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Randy Bice (sus Mmfo Area Cmta t) (If Project is Within Y.Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 'Portland,OR 97232 PORTLAND GENERAL ELECTRIC xNW NATURAL GAS COMPANY >(VERIZON XQWEST COMMUNICATIONS \ Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. David Bryant,Engineering Florence Mott,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 _TIGARDITUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 )t COMCAST CABLE CORP. COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jan Youngquist,Demographics Alex Silantiev(sce Mppfo Am Cmtwt) Diana Carpenter(App:EdHe1UNd9QW) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify), h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 18-Nov-05) (Also update:is\curoln\setup\labels\annexation utilities and franchises.doc when uodatina this document) AFFIDAVIT OF MAILING CITY OF TIGARD Community Development Shaping,4 Better Community 1, Patricia L.Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior.Admini:gtrativeSpecialist for the City ofTWard, WMington County, Oregon and that I served the following: (Check Appropriate Box(s)Bel") NOTICE OF FINAL ORDER FOR:� VAC2005-00004 & 5/68'" PARKWAY/69" AVENUE PUBLIC RIGHT-OF-WAY VACATION AMENDED NOTICE (File No,/Name Reference) HEARING BODY: HEARING DATE: F1 City of Tigard Planning Director Ll Tigard Hearings Officer El Tigard Planning Commission 0 Tigard City Council (2/28/2006) A copy of the said notice being hereto attached, marked EXhibit'W, and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on March 9,2006,and deposited in the United States Mail on March 9,2006,postage prepaid. (Persdrt-gat Pre2tgotice) ST149t OEOW County o)'WNashig gton )ss. City df TWard -1"h Subscribed and sworn/affirmed before me on the day of 2006. UFS K ,=,,L 3EAL SUE, ROSS NCV.n.%,l-LIBUCOREGON 00Mk S!0N NOL 375152 C" NOTKIIY fURIU 111F UREGUN My Com 'ss Expires: ~ 1-0 7 CITY OF TIGARD, OREGON EXHIBIT-A- ORDINANCE NO. 06- AN ORDINANCE VACATING FIVE SMALL PORTIONS OF PUBLIC RIGHT-OF-WAY TOTALING 3,392 SQUARE FEET ALONG 68' PARKWAY AND 69T" AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON(VAC2005-00004&VAC2005-00005). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on January 10, 2006, and has been recommended by the Community Development Department; and WHEREAS, Specht Development has requested that the City of Tigard vacate the above right-of-way of 3,392 square feet in area as described in exhibits A-1 though A-5 and B-1 through B-5, as well as to accept dedication of three portions of right-of-way as described in exhibits C-1 through C-3 and D-I through D-3 to allow for the assemblage of eleven parcels of land north of SW Dartmouth Street between 68fl' Parkway and 690' Avenue for development purposes; and WHEREAS, all affected service providers, including utility companies and emergency 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 15.08.120, notice of the public hearing was posted in the area to be vacated and published in the newspaper; 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 February 28, 2006, finds that it is iii the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC 15.08.130. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 3,392 square feet of public right-of-way as shown and described in the attached Exhibits A-1 through A-5 and B-1 through B-5 (legal descriptions and maps of the area to be vacated) and by this reference,made part thereof. SECTION 2: Said vacation is hereby conditioned and shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder; further, the ordinance will not be effective until the acceptance of right-of-way dedication as described in Exhibits C-1 through C-3 and D-1 through D-3 by the City Engineer, and upon recording of a certified copy of the ordinance by the City Recorder. ORDINANCE No. 06- Page I PASSED: By vote of all Council members present after being read by number and title only,this,7,1 day of 2006. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day ofUL 2006. Craig Dir) en,Mayor Approved as to form: N 4it7A�ttoimey Date ORDINANCE No. 06- Page 2 EXHIBIT A Page 1 of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton;OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.768""PARKWAY RIGHT OF WAY VACATION TAX LOT#3001,MAP IS136DD Real property situated in the City of Tigard,Washingt6 n County,Oregon,being a portion of that parcel as described in deed to Jack B.Root and Wilma L.Root,recorded under Document Number 2004-123997,records of said county,lying in the southeast quarter of Section 36,,Township I South,kange I West of the Willamette Meridian,more particularly described as follows: Beginning at the southerly end of a 25.00 foot radius curve between the right of way lines for S.W. 68"Parkway and S.W.Clinton Street at the southeasterly comer of said Jack B. Root and Wilma L..Root parcel,said point being on the northerly right of way line S.W. Clinton Street and being marked by a 5/8"iron rod with a yellow plastic cap stamped "Northwest Surveying,LLC"; Thence along said 25.00 foot radius curve,being tangent with said northerly right of way line, to the left, and having a delta angle of 87°45'18", a long chord bearing North 46*06'27"East 34.66 feet and a length of 38.29 feet to a 5/8"iron rod with a yellow plastic cap stamped"Northwest Surveying,LLC"; Thence*along the westerly right of way line of said S.W. 68'x'Parkway,North 0213'48" East 83.65 feet to a point measuring 35.00 feet at right angles to the centerline of said S.W. 68'Parkway-, I Thence southerly parallel with the centerline of said S.W. 68th Parkway, South 00°03'44" East 82.58 to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 90*02'49", a long chord bearing South 44*5741"West 35.37 feet and a length of 39.29 feet; Thence South 89*59'06"West 3.33 feet to the point of beginning. The above described tract contains 220 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly right of way line of said S.W. Clinton Street,per survey number 30,016,on record with the Washington County Surveyor's Office. EXHIBIT B - EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 3001 MAP 1S136DD 0 FOUND 5/8* IRON ROD WITH CITY OF TIGARD, WASHINGTON COUNTY, OREGON YELLOW PLASTIC CAP STAMPED NORTHWEST SURVEYING, LLC', AUGUST 8, 2005 PER SURVEY NUMBER 30,016 PAGE 1 OF 1 CURVE TABLE. I co C) CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING ci 39.29' 25.00' 90*02'49 35.37' S44*57'41'W C2 38.29 25.00' 87'45'18" 34.66' N46U'27"E — 35.00' C3 10.59' 1 25.00' 2415'56" 10.51' "N1421'46*E C4 27.70' 25.00'... 63-29'21 26.31' N5814'25NE WO: :211 Li cn Ck: TAX LOT 3001. 1 to 'COj DOCS 2004-123997 'i C'j co co =d- cl RIGHT—OF—WAY VACATION co rz p C) Co AREA +220 SQUARE FEET ::E c> c) C) V) cry SCALE 1" = 20 FEET C> co cq Q> cq cq C3 REGISTERED POINT OF L=10.59' PROFESSIONAL BEGINNING 35.00' LAND SURVEYOR]. ov C�' BASIS OF BEARINGS ' .1 OREGON PER SURVEY # 30)016� ti JAWMY 15. 2002, ,STUBBS JJ . 9LS CLINTON H. STUBBS JR. 554 _ N89*59'06-E � 166.36' VS89'59'66"W C4 RENEWAL DATE: 06/30/06 S.W. CUNTON STREET 3.33' L=27.70' PREPARED FOR: JOB NAME: DARTMOUTH ST. 7177 SPECH! PO BOX DEVELOPMENT, INC , JOB NUMBER: 56 NORTIWEST BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-1148-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICAlIONS FAX: 503-848-2179 EMAIL: nwsurveyingoverizon.net DRAM BY. CHS SURVEYING, LLC CHECKED BY: CHS I EXHIBIT A—2- Page I of 1 Prepared By. NORTHWEST SURVEYING., LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY AND S.W. CLINTON STREET RIGHT OF WAY VACATION TAX LOT#6100,MAP 1S136DD Real Property situated in the City of Tigard,Washington County, Oregon,being a portion of that parcel as described in deed to Robert S.Hogg and Harriett L.Hogg,recorded under Book 303,Page 341,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range I West of the Willamette Meridian,more particularly described as follows: Beginning at the southeast corner of said Robert S.Hogg and Harriett L.Hogg parcel, said point being on the westerly right of way line S.W. 68th Parkway,from said point a 5/8"iron rod with.a no cap bears South 89*48'48"West 0.05 feet; Thence along said westerly right of way line,North 00*0344"West 75.32 feet to the beginning of a tangent curve; Thence along a curve to the left having a radius of 25-00 feet a delta angle of 89*57'11 a long chord bearing North 45*02'19"West 35-34 feet, and a length of 39.25 feet to the southerly right of way line of S.W. Clinton Street; Thence parallel with the centerline of said S.W. Clinton Street,North 89*591061,East 5.00 feet to a tangent curve; Thence along said curve to the Tight having a radius of 25.00 feet,a delta angle of 89*57'11",, a long chord bearing South 45*02'19"East 35.34 feet,.and a length of 39.25 feet to a point 35.00 feet measured at right angles to the centerline of said SW 68th Parkway; Thence parallel with said centerline,South 00'03'44"East 75.31 feet to the easterly extension of the south line of said Robert S.Hogg and Harriett L. Hogg parcel; Thence along said easterly extension South 89*4848"West 5.00 feet to the point of beginning. The above described tract contains 501 square feet,more or less. The basis of bearings for this description is between found monuments along the southerly line of said Robert S. Hogg and Harriett L. Hogg parcel,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B -2- EXHIBIT TO� ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6100 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 NW59'(6�E . ... ........... 3o.00S.W. CUNTON STREET N8959'06*E N89-59'06-E 5.00' L=39. R=25.00' C2 TAX LOT 6100 BOOK 303, PAGE 341 CN 35.00' RIGHT—OF—WAY VACATION "d-I AREA +501 SQUARE FEET FOUND 5/8" IRON ROD WITH RED PLASTIC CAP STAMPED Cl "W.L.Mc. LS 808', c) PER SURVEY NUMBER 25,380 E 257" PER POINT OF CD C) V) BEGINNING c/i SCAU 1" 30 FEET BASIS OF BEARINGS 5.00' PER SURVEY 130,016 S89*48'48*W CD N coN89*48'48"E 89.95' i 5.00' cQ M 35.00' REGISTERED • FOUND 5/8" IRON ROD WITH NO CAP PROFESSIONAL 'PER OREGON STATE HIGHWAY LAND SURVEYOR DEPARTMENT MAP 98-11-17 BEARS N89*48'48"E 0.05' TO EXISTING CORNER OF TAX LOT 6100 OREGON CURVE TABLE JMUAV 15, 2002 CLINTON H. STUBB�S ,i JR. CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING 55469LS cl 39.25' 25,00' * 89-57'11" 35.34- S45-02'1 A RENEWAL DATE: 06/30/06 C2 39.25' 25.00' 8957'11' 35.34' N45-02'19'W___j - PREPARED FOR: JOB NAME: DARTMOUTH ST. BOX 7177 SPECHT DEVELOPMENT, INC JOB NUMBER: 56 N b BEAVPO ERTON, OR 97007 15400 SW MILLIKAN WAYDRAWING NUMBER: 56DEDI.CATIONS PHONE: 503-848-2127 BEAVERTON, OR 97006 FAX: 503-848-2179 DRAWN BY: CHS EMAIL: nwsurveyinggverizon.net I CHECKED BY: CHS S URVEYING, LLC EXHIBIT A Page 1 of I Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 501-848-2127 LEGAL DESCRIPTION FOR S.W. 69TR PARKWAY RIGHT OF WAY VACATION TAX LOT#6700 AND 6800,MAP IS136DD Real Property situated in the City of Tigard, Washington County,-Oregon,being a portion of that parcel as described in deed to Gordon C.Root, Jack B.Root and Wilma L.Root recorded under Document Number 99-002709,records of said county,lying in the southeast quarter of Section 36,Township I South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the northeast comer of said Gordon C.Root Jack B.Root and Wilma L. Root parceL,said point being on the westerly Tight of way line S.W.68'Parkway,from said point a 5/8"iron rod with a no cap bears South 89*4848"West 0.05 feet; Thence along the easterly extension of the northerly line of said parcel,North 89-48'48" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline,of said S.W. 68t'Parkway, Thence parallel with said centerline,South 0003'44"East 101.71 feet to the easterly extension of the south line of said Gordon C. Root,Jack B.'Root and Wilma L.Root parcel; Thence along said easterly extension North 89*59'58"West 5.00 feet to the westerly right of way line of said S.W. 68"'Parkway; Thence along said westerly right of way line North 00'03'44"West 101.69 feet to the point of beginning. The above described tract contains 508 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root,Jack B.Root and Wilma L.Root parcel,per smrvey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B --3 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION A 5.00 FOOT WIDE RIGHT OF WAY VACATION FOR TAX LOT 6700 AND 6800 MAP 1S136DD CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUGUST 15, 2005 - PAGE 1 OF - 1 FOUND 5/8* IRON ROD WTH RED PLASTIC CAP STAMPED 'W.LMc. LS 808", PER SURVEY NUMBER 25,380 POINT OF BEGINNING BASIS OF BEARINGS PER SURVEY 130,016 N89V'48"E N89*4848*E 89-95' 5.001 . FOUND 5/80 IRON ROD NO CAP — 35.00 PER OREGON STATE HIGHWAY DEPARTMENT MAP 98-11-17 - 40.00 PER BEARS N8948'48'E 0.05' TO EXISTING i 5.00' CORNER OF TAX LOT 6100 1 cn TAX LOT 6700 & 6800 DOC 199002709 c=' x -< C=,RIGHT–OF WAY VACATION ; -*-d- a n't AREA ±508 SQUARE FEET o= 'ED, Ell co C) SCALE 1" 30 FEET C) ujl CL I I--,, CA C> .0 cQ co MI ujl < -N8959'58*w REGISTERED S89*59'58"E wi5.00' PROFESSIONAL ► - 35.00, LAND SURVEYOR OREGON . CURVE TABLE JAXUWY 15,2DO2 CLINTON H. STUBBS DJR. CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING 55469LS cl 39.25' 25.00' 8957'11" 35.34' S45'02'19"E RENEWAL DXTE: 06/30/06 C2 39.25' 25.00' 8957'11" 35.34' 1445'02'19"W PREPARED FOR: JOB NAME: DARTM 7177 SPECHT DEVELOPMENT, INC JOB NU.MBER: 6ouTH ST. NORTHWEST BEAVPO BOX ERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWNG NUMBER: 56DEDICATIONS FAX: 503-848-2179 DRAWN BY: CHSEMAIL: nwsurveying@verizon.net URVEYING S , LLC CHECKED BY: CHS f EXHIBIT A Page I of I Prepared By: NORTHWEST SURVEYING,LLC PO Box 7177 Beaverton,OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W. 68TH PARKWAY RIGHT OF WAY VACATION TAX LOT#6600,MAP IS136DD Real Property situated in the City of Tigard,Washington County, Oregon,being a portion of that parcel as described in deed to Gordon C.Root Jack B.Root and Wilma L.Root recorded under Document Number 98-056127,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range I West of the W-illamette Meridian,more particularly described as follows: Beginning at the northeast comer of said Gordon C.Root Jack B.Root and Wilma L. Root parcel, said point being on the westerly right of way line S.W. 68th Parkway, and being marked by a 518"iron rod with a no cap; Thence along the easterly extension of the northerly line of said parcel,.South 89'59'58" East 5.00 feet to a point 35.00 feet measured at right angles from the centerline of said S.W. 68"'Parkway, Thence parallel with said centerline, South 00*03'44"East 71.45 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet a delta angle of 36°52'12"; a long chord bearing South 18*2222"West 15.81 feet and a length of 16.09 feet to the westerly right of way line of said S.W. 68b Parkway; Thence along said westerly right of way line North 00*03'44"West 86.46 feet to the point of beginning. The above described tract contains 408 square feet,more or less. The basis of bearings for this description is between found monuments along the northerly line of said Gordon C.Root, Jack B.Root and Wilma L.Root parcel,per survey number 30,016, on record with the Washington County Surveyor's Office. EXHIBIT B - 4 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP 1S136DD CITY OF TIGARD, 'WASHINGTON COUNTY, OREGON AUGUST 15, 2005 PAGE 1 OF 1 POINT OF BASIS OF BEARINGS BEGINNING PER SURVEY 130,016 8959'58*E BEARINGS S 30 0!6 All S89*5958*E 89,99' 5.00' \-FOUND 5/8" IRON ROD 35.00' WITH NO CAP, PER 40.00' SURVEY NUMBER 19,416 L to TAX LOT 6600 - co col"It lto lid DOCI 98-056127 co4-1co ;z W 3I RIGHT-OF-WAY VACATION S I AREA = ±408 SQUARE FEET Ul CDI p C> co CD C) V) 0 5.00' c/) FUTURE ui RIGHT OF WAY ,35.00 ----f DEDICATION SCALE 1" 30 FEET c C2 L=9.32' R=25.00' -4 1� 47.00140.00 REGI STERED PROFESSION AL LAND SURVEYOR C3* OREGON CURVE TABLE JANUay 15, 2002 STU B CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CLINTON H. STUBBS JJR. I- 55469LS cl 16.09' 25.00' 36*52'12' 15,81' S18'22'22"W RENEWAL DATE: 06/30/06 C2 9.32' 25,00' 21'21'15* 9.26' N47' PREPARED FOR: JOB NAME: DARTMOUTH ST. InR NUMBER: 56 N ORTHWEST GEAVPO '" 7177 SPECHT DEVELOPMENT, INC ERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-B48-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICAMNS F-AX: 503-848-2179 EMAIL: nwsurveying@verizon.net DRAWN BY: CHS - S URVEYING, LLC CHECKED BY: CHS EXH1131T A Page I of 1 Prepared By: NORTHWEST SURVEYING, LLC PO Box 7177 Beaverton, OR 97007 503-848-2127 LEGAL DESCRIPTION FOR S.W.DARTMOUTH STREET AND S.W. 69TH AVENUE RIGHT OF WAY VACATION TAX LOT N 6300,MAP IS136DD Real Property situated in the City of Tigard,Washington County, Oregon,being a portion of that parcel as described in deed to Gordon C.Root,Jack B.Root and Wilma L.Root, recorded under Document Number 98-056127,records of said county,lying in the southeast quarter of Section 36,Township 1 South,Range 1 West of the Willamette Meridian,more particularly described as follows: Beginning at the southwest comer of said Gordon C.Root,Jack B.Root and Wilma L. Root parcel, said point being on the-easterly right of way line S.W. 01,Avenue, and being marked by a 5/8"iron rod with a no cap; - Thence along the southerly line of said parcel,North 89*50'20"East 90.92 feet to apoint 47.00 feet measured at Tight angles from the centerline of said S.W.Dartmouth Street, Thence along a curve to the right,being a 47-00 foot offset from the centerline of said S.W.Dartmouth Street and having a radius of 393.47 feet, a delta angle of 9*13'26"; a long chord bearing South 63*11'42"West 63.28 feet, and a length of 63.34 feet to a tangent curve; Thence along said curve to the right having a radius of 25.00 feet, a delta angle of 112'09'42"; a long chord bearing North 56'06'44"West 41.49 feet,and a length of 48.94 feet to a point 30.00 feet measured at right angles to the centerline of S.W. 69th Avenue; Thence parallel with said centerline of S.W. 69th Avenue,North 00'01'53"West 5.14 feet to the point of beginning. The above described tract contains 1,755 square feet,more or less. The basis of bearings for this description is between found monuments along the easterly right of way line of said S.W. 69th Avenue,per survey nu,in b(-,r 30,016, o n record with the Washington County Surveyor's Office. EXHIBIT B - 5 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION VARIED WIDTH RIGHT OF WAY VACATION FOR TAX LOT 6600 MAP lSl36DD N FOUND 5/8" IRON ROD WITH CITY OF TIGARD, WASHINGTON COUNTY, OREGON YELLOW PLASTIC CAP STAMPED AUGUST 15, 2005 "NORTHWEST SURVEYING, LLC", PAGE 1 OF 1 PER SURVEY NUMBER 30,016 z POINT OF BEGINNING FOUND 5/8" IRON ROD WITH NO CAP Z: 1-5 PER SURVEY NUMBER 19,416 FUTURE o Z#= RIGHT OF WAY m,� M TAX LOT 6300 DEDICATION U- DOCJ 98056127 4-kk C/5 RIGHT-OF-WAY VACATION INN C', I V) Of CD < U-) AREA = 1,75 SQUARE FEET ,S 93 M CL N89*50'20*E 90.9:� 30.00' U N00*01'53"W­;' 5.14� 40.00' NI 4�7.00' , 'f 6 9 00. ca SCALE 1" = 30 FEET o ca*.* c> C" e REGISTERED PROFESSIONAL LAND SURVEYOR CURVE TABLE ^1 Im ir CUR vr LENGTH RADIUS DELT A CHORD CHORD BEARING OREGON Cl 63.34' 393.47' 913'26' 63.28' S631 1'42"W JANUARY 15, 2002 - 41.49_ _ - CLINTON H. STUBBS JR. C2 48,94' 25.00' 112'0942N56-0644-W 55469LS - �C3 160-00' 440.47' 20-48'48" 159,13' N68-34'07'E RENEWAL DATE: 06/30/06 C4 2.89' 393.47' 0'25'15" 2.89' N58-22'21"E PREPARED FOR: JOB NAME: DARTMOUTH ST. SPE CHT DEVELOPMENT, INC JOB NUMBER: 56 NORTHWEST PO BOX 7177 BEAVERTON, OR 97007 15400 SW MILLIKAN WAY PHONE: 503-848-2127 BEAVERTON, OR 97006 DRAWING NUMBER: 56DEDICATIONS FAX: 503-848-2179 DRAWN BY: CHS SU!i#pp VEYING,EMAIL:LLC nwsurveying@�verizon.net CHECKED BY: CHS I I Specht Development, Inc. E H I B IT.2 - Attn: Joe Curran VAC2005-00404 &5 15400 Millilkan Way 68 T PARKWAY/69TH AVENUE PUBLIC Beaverton, OR 97006 RIGHT-OF-WAY VACATION AFFIDAVIT OF MAILING CITY OF TIGARD Community Development ShapingA Oetter Community I, PatnciaL.Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior gdministrativeSpeciaCrstfor the City ofTWard, WMington County, Oregon and that I served the following: (Check Appropriate Box(s)Beim) 0 NOTICE OF PUBLIC HEARING FOR:n VAC2005-00004/VAC2005-00005 — 68" PARKWAY PUBLIC RIGHT-OF-WAY STREET VACATION & 69" AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council (2/28/2006) A copy of the said notice being hereto attached, marked Exhibit"A and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on February 6,2006, and deposited in the United States Mail on February 6,2006, postage prepaid. 1 - ( erson t t pard No Ice) STA`I OF OUG05V ) County of`Was(tzngton )ss. City ofTigard ) 7,1- Subscribed LSubscribed and sworn/affirmed before me on the day of ' 2006. )iCNOTARY My Comm" s' n Expires: lil '��"U 7 NOTICE TO MORTGAGEE, LIENHOWER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. cmr OF TIGARD Community(Devekpment ShrapingA Better Community CITY OF TIGARD NOTICE OF STREET VACATION & PUBLIC NEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY FEBRUARY 28. 2006 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 NOS.: VACATION (VAC) 2005-00004 VACATION (VAC) 2005-00005 FILE TITLE: 68TH PARKWAY PUBLIC RIGHT-OF-WAY STREET VACATION & 69TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: Specht Development, Inc. Attn: Joe Curran 15400 Millilkan Way Beaverton, OR 97006 REQUEST: The applicant is requesting that the City of Tigard City Council vacate five (5) small portions of public right-of-way totaling 3,392 square feet. LOCATION: Along the west side of SW 68th Parkway and the east side of SW 69th Avenue immediately north of SW Dartmouth Street. DATE REQUEST WAS FILED: September 9, 2005. THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON JANUARY 10, 2006 BY SETTING A FORMAL PUBLIC HEARING DATE OF FEBRUARY 28, 2006 (Resolution No. 06-02). ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY VACATIONS. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY FEBRUARY 28, 2006 BY 7:30 PM. 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. 2438 (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 APPLI(_ .3LE CRITERIA IN THE ABOVE-!. .TED 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. IF YOU WANT TO INSPECT THE FILE, PLEASE CALL AND MAKE AN APPOINTMENT WITH EITHER THE PROJECT PLANNER OR THE PLANNING TECHNICIANS. 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 RICHARD BEWERSDORFF, PLANNING MANAGER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO DICKATIGARD-OR.GOV. MUN •� s'�'%a?i j fir--~ . Tr 43M=N024M'A'S si dgigPR4 S ..............�- _�?us 3aur4 M3 —— i � i d�/� lm36oD-01700 lSl36oD-06100 CARL*JOHNSON FAMILY LPU HOGG HARRIET gYJOHNSON CARL H 6O8OSVVCLINTON 88658VVBURNHAM T|GARO.OR 97223 T|GARD.OR 97223 1gI3600-02300 1u136no'0330/ CARPENTER RICHARD L HUG RICK&JANETTE& pOLLOCKDONALD E HUG DUANE&GANDRA 1V34GVV58THAVE GTE2O2 1152SVvTROON PORTLAND,OR 97221 LAKE OSwEGO.OR 97034 /s13600-01900 2s101mA-02000 COON JOHN CARL& LANDMARK FORD INC OLOENMARY nTRUSTEE ATTN:J|M CORL|SS VS4U8VVBAYLORST, POBOX 2n97V T|G^nD.OR 87223 TlGARO.0R 97201 2m101*Ao1800 1s13600u1200 CORL|8S JAMES L&CORA K MATHEWSSEAN A pDBOX 2597U 11s0OGVV8gTHAVE T|GARo.On 97281 T|GaRD.On 97225 z lolx000'ouroo c>ARDS<OR81 �&C�R�K M|uERu�|D^s ' su7nSvvaAYLoRGT 7T|GaRD.oR 97223 �a�x000�nm�m lolxoo�nuxno �&CORAK MOORE GLENN NL AN DSHAROmL T � 1171O8V5gTMAVE no.� W T|GARD.DR 97223 ea101AA-00101 1u136oD-0000 CORL|GGJAMES L&CORA K PACIFIC NORTHWEST PROPERTIES LTD LEASE TO:FORD LEASING PARTNERSHIPS LIMITED PARTER8H|P DEVELOPMENT CO PDBOX 22OG POBOX canro oEAvsRTow.onornrs T|G^no.On 97281 1m13600'02500 DICKEY VELoAA >PAC LT D �oPOLLOCnDONALD E PARTERSH|P 1834SV58T*#202 22<0 To 97221 rVra lol3600-00800 lsl000D-nsmo FAMILY BAPTIST CHURCH PNVVPLLC#2 11505GVV67TM POBOX 22O0 T|GARD.OR 97223 BE4VEgTON.DR 97075 1s1361Do'01300 GSP LLC PN LC#2 PmB1oV Po OX 2 115r58VVPACIFIC MYVY <00 7O7n T|8ARD.OR S7225 1S136DD-02100 1S136 -06600 POLLOCK DONALD E/JULIA GAIL SPECH LOPMENT INC 1834 SW 58TH#202 15400 ILLIKAN WAY PORTLAND,OR 97221 BE ERTO , OR 97006 1S136DD-02200 1S136DD 6300 POLLOCK DONALD E SPECHT LOPMENT INC 1834 SW 58TH#202 15400S LIKAN WAY PORTLAND,OR 97201 BEA RTON, R 97006 1S136DD-07300 15136 D-03001 ROSENFELD KENNETH&MARILYN SPEC DEVE PMENT INC 11930 SW 70TH AVE 15400 SW LIKAN WAY TIGARD,OR 97223 BEAVE ON, R 97006 1S136DD-06900 1S1361DD-02400 ROTH J T JR&THERESA A STERNBERG FAMILY LIMITED PARTNER 12600 SW 72ND AVE STE 200 8310 SW 10TH AVE TIGARD,OR 97223 PORTLAND,OR 97219 1 S 136 DD-07001 1 S136DD-03290 ROTH JACOB T JR&THERESA A STROJNY JUDY LORRAINE& 12600 SW 72ND AVE#200 BALDWIN DIANE LOUISE TIGARD,OR 97223 6846 SUNSET RIDGE CT WEST HILLS,CA 91307 1S136DD-07601 2S101AA-02900 SALARIE MARZIE TIGARD CORPORATE CENTER 11905 SW 69TH AVE LTD PARTNERSHIP TIGARD,OR 97223 ATTN:GREG SPECHT 15400 MILLIKAN WAY BEAVERTON,OR 97006 1 S136DD-02600 SMITH DEAN W& SMITH JO ANN MONDELLI TRS 17880 SARAH HILL LN LAKE OSWEGO,OR 97035 1 S136DD-02900 SPECHT DEVELOPMENT INC 15400 SW MILLIKAN WAY BEAVERTON,OR 97006 15136 -03100 SPECHT V OPMENTINC 15400S LIKAN WAY BEAV TON, 97006 1S136D 6200 SPECHT ELOPMENT INC 15400 S LIKAN WAY BEAV RTON, R 97006 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Diane Baldwin 11250 SW 82nd Avenue 3706 Kinsale Lane SE Tigard, OR 97223 Olympia, WA 98501 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curp1n\setup\1abe1s\C1T East.doc) UPDATED: 21-Oct-05 Specht Development, Inc. VAC2005-00004 & 5 Attn: Joe Curran 68TH PARKWAY/69TH AVENUE PUBLIC 15400 Millilkan Way RIGHT-OF-WAY VACATION Beaverton, OR 97006 AFFIDAVIT OF POSTING NOTICE City of Tigard Planning Division 13125 SW HallBoulevard Tigard, OR 97223 In the Matter of the Proposed Vacation of: Land Use File No.: VAC2005-00004/VAC2005-00005 Land Use File Name: 68 PARKWAY PUBLIC RIGHT-OF-WAY STREET VACATION & 69 AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION I, Cheryl Caines, being first duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard, Washington County, Oregon and that I personally posted notice of Public Hearing on the proposed Vacation by means of weatherproof posting in two (2) conspicuous places at or near each end of the proposed vacation area, a copy of said notice being hereto attached and by reference made a part hereof, on theday of fon"xn., , 20 ok . Signature ofPerson Who Performed Posting (In the presence of the Notary) ST,Ag�Off'OTEGON ) County of'Wasfih gton )ss. City of Tigard ) Subscribed and sworn/affirmed before me on the day of , 20 6 . OFFICIAL SEA! * KRISTIE J PEERP" . \ \ J NOTARY PUBLIC-0 COMMISSION N - COMMISSION N0.3 02 : MY COMMISSION EXPIRES JULY%a,2007 NOTARY PUBL OF OREGON My Commission Expires: cu L = C� .V O L — O O ' Q •� () N ad Ln s= ue Os > � >' W m ° C> u 2cn U v < a� o m Q C:► ca a7 U m o C�► C: :3 o Uc �, a) 0 CD CA .�, C4 a a Ln C � " cc cu cu � CD E a a' ~U. 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AVE. t I. 0 N _ tt m r•, A enI1 V7I - a a 3 1sa 10^a k>o 1 0 = Is li 9 6 a o / O D,y � 0 3 � o it 11 D 1S136DD-01700 1S136DD-06100 CARL H JOHNSON FAMILY L P II HOGG HARRIET L BY JOHNSON CARL H 6860 SW CLINTON 8965 SW BURNHAM TIGARD,OR 97223 TIGARD, OR 97223 1 S 136 D D-02300 1 S 136 D D-03301 CARPENTER RICHARD L HUG RICK&JANETTE& POLLOCK DONALD E HUG DUANE&SANDRA 1834 SW 58TH AVE STE 202 1152 SW TROON PORTLAND,OR 97221 LAKE OSWEGO,OR 97034 1S136DD-01900 2S101AA-02000 COON JOHN CARL& LANDMARK FORD INC OLSEN MARY G TRUSTEE ATTN:JIM CORLISS 6940 SW BAYLOR ST PO BOX 23970 TIGARD, OR 97223 TIGARD, OR 97281 2S101AA-01800 1S136DD-01200 CORLISS JAMES L&CORA K MATHEWS SEAN A PO BOX 23970 11600 SW 69TH AVE TIGARD,OR 97281 TIGARD,OR 97223 2S101AA-00100 1 S136DD-02700 CO S ES L&CORA K MILLER LAVIDA E PO B 70 6870 SW BAYLOR ST T ARD,OR 81 TIGARD,OR 97223 1S136DD-05800 1S136DD-02800 C LISS JP SL &CORA K MOORE GLENN L AND SHARON L PO B 3970 11710 SW 69TH AVE T RD, 0 281 TIGARD, OR 97223 2S 101 AA-00101 1 S 136 D D-07600 CORLISS JAMES L&CORA K PACIFIC NORTHWEST PROPERTIES LTD LEASE TO: FORD LEASING PARTNERSHIPS LIMITED PARTERSHIP DEVELOPMENT CO PO BOX 2206 PO BOX 23970 BEAVERTON, OR 97075 TIGARD, OR 97281 1S136DD-02500 136DD-07500 DICKEY VELDA A PA C NOR EST PROPERTIES LTD c/o POLLOCK DONALD E PARTN 11PS LIMITED PARTERSHIP 1834 SW 58TH#202PO X 220 PORTLAND,OR 97221 EAVERTON,OR 7075 1S136DD-00800 1S136DD-03400 FAMILY BAPTIST CHURCH PNWP LLC#2 11585 SW 67TH PO BOX 2206 TIGARD, OR 97223 BEAVERTON,OR 97075 1S136DD-01300 KPNLC#2 GSP LLC PMB 160 11575 SWPACIFIC HWY 7075 TIGARD,OR 97223 1S136DD-02100 151X-06600POLLOCK DONALD E/JULIA GAIL SPOPMENT INC 1834 SW 58TH#202 15KAN WAY PORTLAND, OR 97221 BER 97006 1S136DD-02200 1S136DD 6300 POLLOCK DONLAD E SPECHT LOPMENT INC 1834 SW 58TH#202 15400S LIKAN WAY PORTLAND,OR 97201 BEA RTON, R 97006 1S136DD-07300 1S136XNR ROSENFELD KENNETH&MARILYN SPEENT INC 11930 SW 70TH AVE 15400WAY TIGARD,OR 97223 BEAV006 1 S 136 D D-06900 1 S 136 D D-02400 ROTH J T JR&THERESA A STERNBERG FAMILY LIMITED PARTNER 12600 SW 72ND AVE STE 200 8310 SW 10TH AVE TIGARD, OR 97223 PORTLAND,OR 97219 1 S136DD-07001 1 S136DD-03290 ROTH JACOB T JR&THERESA A STROJNY JUDY LORRAINE& 12600 SW 72ND AVE#200 BALDWIN DIANE LOUISE TIGARD, OR 97223 6846 SUNSET RIDGE CT WEST HILLS, CA 91307 1S136DD-07601 2S101AA-02900 SALARIE MARZIE TIGARD CORPORATE CENTER 11905 SW 69TH AVE LTD PARTNERSHIP TIGARD,OR 97223 ATTN:GREG SPECHT 15400 MILLIKAN WAY BEAVERTON,OR 97006 1S136DD-02600 SMITH DEAN W& SMITH JO ANN MONDELLI TRS 17880 SARAH HILL LN LAKE OSWEGO,OR 97035 1S136DD-02900 SPECHT DEVELOPMENT INC 15400 SW MILLIKAN WAY BEAVERTON,OR 97006 1S136 -03100 SPECHT V OPMENTINC 15400 S LIKAN WAY BEAV TON, 97006 1S136D 06200 SPECHT ELOPMENT INC 15400 S LIKAN WAY BEA RTON, R 97006 Nathan and Ann Murdock Mildren Design Group Attn: Gene Mildren PO Box 231265 7650 SW Beveland Street, Suite 120 Tigard, OR 97281 Tigard, OR 97223 Sue Rorman Diane Baldwin 11250 SW 82nd Avenue 3706 Kinsale Lane SE Tigard, OR 97223 Olympia, WA 98501 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO Q Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curp1n\setup\(abe1s\C1T East.doc) UPDATED: 21-Oct-05 CITY OF TIGARD Community Development Shaping,4 Better Community LAND USE PROPOSAL DESCRIPTION FILE NOS.: VACATION (VAC) 2005-00004 VACATION (VAC) 2005-00005 FILE TITLE: 68T" PARKWAY PUBLIC RIGHT-OF-WAY STREET VACATION & 69TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: Specht Development, Inc. Attn: Joe Curran 15400 Millilkan Way Beaverton, OR 97006 REQUEST: The applicant is requesting that the City of Tigard City Council vacate five (5) small portions of public right-of-way totaling 3,392 square feet along SW 68th Parkway and SW 69th Avenue immediately north of SW Dartmouth Street. LOCATION: Along the west side of SW 68th Parkway and the east side of SW 69th Avenue immediately north of SW Dartmouth Street. DATE REQUEST WAS FILED: September 9, 2005. DECISION MAKING BODY BELOW: DATE COMMENTS WILL BE SENT: JANUARY 11, 2006 DATE COMMENTS ARE DUE: FEBRUARY 10,2006 ® CITY COUNCIL DATE TO INITIATE VACATION PROCEEDINGS: TUESDAY— 1/10/06 TIME: 7:30 ® CITY COUNCIL DATE OF PUBLIC HEARING: (Tentative) TUESDAY-2/28/06 TIME: 7:30 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® NARRATIVE ® SITE PLAN ® REQUEST BY PETITIONER TO INITIATE VACATION STAFF CONTACT: Richard Bewersdorff, Planning Manager 503-639-4171, Extension 2432 CITY OF TIGARD STREET AND EASEMENYW VACATION SCHEDULE )attylmasterslstreet and easement vacation schedule.doc Updated:4-Mar-02 PROJECT NAME: s SCHEDULE OF SPECIFIC ACTIVITIES OUTLINED BELOW: COUNCIL INITIATION PROCESS: (DATE) (2'Zo- b;j Council Packet item to Initiate the Vacation Process is due to the Planning Manager(3 WEEKS PRIOR TO INITIATION PUBLIC HEARING) CONTENTSOF PACKET 2. Agenda Item Summary 3. Resolution with Legal Description and Map 4. Letter Requesting Vacation f ? Z r]—n-5— Council Packet"VACATION INITIATION" Item due to City Administration (2 WEEKS PRIOR TO THE PUBLIC HEARING if1 C)1, Council INITIATION of the Vacation Request (VIA BUSINESS MTG. ON THE CONSENT AGENDA, DATE: PUBLIC HEARING PROCESS: (DATE) Notification to property owners of the area affected based on ORS 211.080 Notice Requirements* (21 DAYS PRIOR TO THE PUBLIC HEARING) (ORS does not indicate a mail-by date to property owners, therefore, the City's standard public hearing notification timelines are used.) f , — Request for Comments Re: Notice of Intent to Vacate to Staff, Utility Providers, the County and Other Interested Partes (A COUPLE OF DAYS FOLLOWING COUNCIL'S INITIATION/PROVIDE 30 DAYS (TMC IS.08.060.C:Per Julies recommendation)TO RESPOND TO REQUEST) Submit Newspaper Ad to the Newspaper (FRIDAY PRIOR TO THE I' PUBLICATION DATE) I" Newspaper Publication (2 FULL CONSECUTIVE WEEKS PRIOR TO THE PUBLIC HEARING/NO LESS THAN 14 DAYS PRIOR TO THE PUBLIC HEARING) Planner Posts Notice on the Subject Site in 2 Conspicuous Places at or near Each End of the Proposed Vacation Area (WITHIN 5 DAYS AFTER THE FIRST DAY OF PUBLICATION/NO LESS THAN 14 DAYS PRIOR TO THE PUBLIC HEARING) CONTENTS OF''.POSTED NOTICE ;`(O R S,:X71 f jD}"and (1cM:C 15 f)$;f24) I. Heading entitled "NOTICE OF (What is being Vacated) VACATION" 2. Description of area covered by the petition 3. Date petition was filed 4. Name of at least I petitioner S. Date when the petition and any objections or remonstrances will be heard and considered (Any objection or remonstrance must be submitted in writing and filed with the City prior to or at the public hearing) 2"" Newspaper Publication (MINIMUM OF I WEEK PRIOR TO THE PUBLIC HEARING) C Request for Comments Due Back from Agencies Previously Notified Packet Material/Report Due to the Planning Manager For Review (3 WEEKS PRIOR TO THE PUBLIC HEARING) CONTENTS°OF`PACKET 2. Agenda Item Summary 3. Ordinance with Legal Description and Map 4. Copy of Resolution Initiating Vacation Packet Material/Report Due to City Administration (2 WEEKS PRIOR TO THE PUBLIC HEARING) Z 2..f^6(, —City Council Public Hearing Date on the Vacation Request Post Ordinance of the Vacation Proceedings by the City Recorder (ORDINANCE NO.: ) Ordinance Sent to be Recorded/Filed with Washington County Assessor's and Surveyor's Offices in Order to Obtain a Title to the Area Vacated ,,� � lid. � �_ �. �° 1_ � � � r � .� E f I �.a Ca C ,! �.. ✓ �. :.;l � �. I` i t rF 11 L -T7-T1771T �[ sti —_ -- -- -T _ T7 IL E Community Development q � -rte v December 14, 2005 CITY OF TIGARD . OREGON Specht Development, Inc. Attn: Joe Curran 15400 Millikan Way Beaverton, OR 97006 RE: Right-of-way vacations; right-of-way dedications File numbers VAC2005-00004 & VAC2005-00005 Dear Mr. Curran: The City of Tigard has received your request to initiate vacation proceedings for the several properties situated between 68th Parkway and 691h Avenue located north of Dartmouth Street. The materials related to the vacations are adequate; however, the dedications must be executed by warranty deeds from the various property owners and recorded with the County. A real estate attorney or title officer could assist in preparing the appropriate instruments. Copies of the recorded dedications should be submitted to the City with the Site Development Review application, following the recording of the vacation ordinance. The initiation will be acted upon by the City Council sometime in January, 2006 by resolution, setting a public hearing date for some date in March, 2006. The time frames are pretty much cast in concrete, allowing for agency and public comments, posting, and publications. If you have any questions regarding this letter or your application, please feel free to contact me at 503-718-2428. Sincerely, James Richardson Associate Planner c: VAC2005-00004/5 Vacation File 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 SPECHT PROPERTIES, INC. SPECHT SPECHT DEVELOPMENT, INC. 15400 S.W.Millikan Way ♦ Beaverton,Oregon 97006 (503)646-2202 ♦ FAX(503)626-8903 LETTER OF TRANSMITTAL TO: Matt Scheidegger DATE: October 14, 2005 City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 PHONE: 503-639-4171 JOB REFERENCE: Specht 68/Dartmouth FAX: 503-684-7297 RECEIVED PLANNING WE ARE SENDING YOU COPIES DATE DESCRIPTION OCT 17 2005 1 10/13/05 Check to the City of Tigard for$2,080.00 CITY OF TIGARD- THESE ARE TRANSMITTED: VIA [:]MESSENGER ❑OVERNIGHT ®US MAIL DELIVERY ❑FOR APPROVAL ❑APPROVED AS SUBMITTED ❑ FOR YOUR USE ❑APPROVED AS NOTED ®AS REQUESTED ❑FOR BIDS DUE ❑ FOR REVIEW AND COMMENT ❑ REMARKS Matt, Per your request, I have enclosed a check for$2,080 to the City of Tigard. As we discussed, the City considers our September 9, 2005 vacation request as two requests. The enclosed check is intended to cover the cost of another vacation application. Please let me know if you need any additional information to process the vacation requests. COPY TO SIGNED JOE MRAN, SENIOR PROJECT MANAGER c� 0 0 o ca o 0 a+ o 0 o a' 000 000 _ I p oo N O V v3 Q bf SP �. y N - WM }.. *O Y� VJ o m o o v h U CC .b rte+ N O W In r o o a o v c m - -x-. v d O O mol� x- in 0. � Y/ N O a o o O o c v N Z - U 'ol bD 00 v T' U ao VI �+ v * w o w f�. C ° U W . dao, v H a JW ui Z 'b s P W � o N Dom (1) b � — C14 > LW � - �' E, N V W Um op w � O (� LLI E W O v o Q Obi s°. N U H M w o Q x � a HO F" LLJ , N M O OCD 'p Z ON U C-1 > > U a ¢ b ^o N ( o a+ o 0 o a+ o 0 00 00 - N N N = 6s or, o �j U) y F \7- �I Q 7�6 P4Ci LS 7 00 sS I lJ oc G O + o Io o CJ a x a 00 M � y d) .� (Z) o L CD CD �o z � N o r N � O owl O � O B O o �- O N o o z N � *. o N W � ,n l� v 00 N A v M •a N it U q a� •n ti (j � N w Z co * w Q U w� C� w dao Id CIS FVD-1 E'I O J W 3F Cd A a W JPO o 0 W >�0 � cn O Dom b N M O ? cd =Ina � , 0 m LLI ap O cn 7s "opao Q Fi C" cli c0t p � LLI y U vi LL O 0 O n In Ind ~w F" ^ w o0 C=) '; Q� 0 o a 0 0 0 0 ^o z N N o U � � 2 x U SPECHT SPECHT PROPERTIES SPECHT DEVELOPMEN-F September 9, 2005 1:)=ztw S.W.Ntillikan V11s,,• Beaverton OP-,9700! 5031646-2202 Fax 5,03/626-6903 w Bali-.Spechtprop.corn City Council City of Tigard Via: Delivery 13125 SW Hall Blvd Tigard, OR 97223 Re: Request for Council to Initiate Vacation Proceedings Dear City Council Members: Specht Development, Inc. (or an affiliated entity)intends to assemble eleven parcels of land North of Dartmouth and between 68`h and 691h street for the development of an office building. Specht intends to submit a Site Plan Application within six months. Based on the July 22,2005 pre-application meeting with City Staff,we understand that certain portions of the parcels must be dedicated and certain portions of Right of Way must be vacated to meet the City's Comprehensive Plan. In order to make the future Site Plan Application as accurate as possible, Specht would like to have all the dedication/vacations completed prior to application. Specht respectively requests that the City accept the following dedications of Right of Way: 1. Tax Lot#3001 Map IS 136DD+-36 SF West side of 681h Parkway North of Clinton Street, 2. Tax Lot#3100 Map 1 S 136DD+-134 SF on the NE corner of 68th&Clinton Streets, 3. Tax Lot#6100 Map 1 S 136DD+-134 SF on the SE corner of 68th&Clinton Streets. Specht respectively requests that the City initiate the following vacations of Right of Way: 1. Tax Lot#3001 Map IS 136DD+-220 SF West side of 68th Parkway North of Clinton Street, 2. Tax Lot#6100 Map 1 S 136DD+-501 SF West side of 68th Parkway South of Clinton Street, 3. Tax Lot#6700 & 6800 Map IS 136DD+-508 SF West side of 68th Parkway South of Clinton Street, 4. Tax Lot#6600 Map IS 136DD+408 SF West side of 68th Parkway North of Dartmouth Street, 5. Tax Lot#6300 Map IS 136DD+-1755 SF on the NE corner of 68`h and Dartmouth Streets. Legal descriptions and maps for each of the above dedications/vacations are enclosed. Thank you for your consideration of this request. Sincerely, /!L is Joe Curran tJ. Senior Project Manager S_Projects-Corporate rieurd-S.of Clinton.N.of Danmomh Conespundence ROW Dedication.cacation letter to Cin-Council.DOC NOTICE OF INTENT TO FILE VACATION PETITION Petitioner or Representative: Specht Development, Inc. , Attention: Joe Curran Address: 15400 SW Millkan Way, Beaverton, OR 97006 Phone: 503-646-2202 Legal Description of Area to be Vacated: Please see attached Exhibits Deposit Amount: $ 2, 080 . 00 (Payment and refund shall be as provided in the Deposit Agreement) Submittal R uirements: 1. Completed "Notice of Intent to File Vacation Petition". 2. Deposit in the amount according to the Fee Schedule. 4. Letter requesting that Council initiate vacation proceedings including a detailed description of the area to be vacated and reason for the vacation request. 5. Map of the area to be vacated prepared by a professional engineering firm. 6. Legal de cription of the area to be vacated prepared by a professional surveyor. ',f%(-UAA T 4 r � b�/ F ea.seM� LnvGloPcS w�� S p/°(� 0",,y1G/3 L-,A-i ��� Co1. 6,., It 4-0/17 iAcurpin\masters\notice of intent to file vacation petition.doc