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2006-039844 ~ Durham Road ~ 74th Avenue Washington County,Oregon 2006_039844 04I1' 106 10:57:19 AM 3 *40veo., Cnt=1 Stn=4 K BARNETT $35.00$6.00$11.00$100.00•Total a$152.00 Gs� 00932873200600398440070079 I,Jerry Hanson,Director of Assessment and Taxation and Ex•ORlelo County Clerk for Washington County, t Oregon,do hereby certify that the within Instrument of writing was received and recorded Inbook of i records of said county. X.S.6r Jerry R.Hanson,Director VA sees ament and Taxation, Ex-Offlclo County Clerk • 6 After Recording, Return to: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Name of Transaction: VACATION An Ordinance concerning the Vacation of an approximately 7,845 square foot portion of an un-named public right-of-way which lies to the east of SW 74 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. (VAC 2005-00003). CITY OF TIGARD, OREGON ORDINANCE NO. 06- Of 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). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on December 20, 2005, and has been recommended by the Community Development Department; and WHEREAS, the approximate 7,845 square feet of unnamed right-of-way to be vacated has never been used for public or private road purposes and is not required for ingress or egress to or from adjoining properties; and WHEREAS, the applicants have requested that the City of Tigard vacate an un-named public right-of-way approximately 7,845 square feet in area and described in exhibits "A-1 and A-2" and "B-1 and B-2"; and WHEREAS,the City will no longer have maintenance responsibility for this area; 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 Section 15.08.130; and NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 7,845 square foot portion of public right-of-way as shown and described in the attached Exhibits "A-1, A-2, B-1 and B-2" (legal descriptions and map of the area to be vacated), and by this reference,made part thereof. ORDINANCE NO.06-01 Page l of 2 is\curpin\j aures\V AC\VAC2005-00003.ord SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder and upon recording of a certified copy of the ordinance by the City Recorder. PASSED: By _on Cl w1 nogS vote of all Council members present after being read by number and title only, this 'day ofCt-, 2006. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this a"day of006. Craig DP sen, Mayor Appr ved as to form: Ci ttorney Date Certified to be a true copy of the Original on file at City if, q� 0 TigAyRe�,ode,," By cin�ofard Date t� ORDINANCE No. 06-LZ Page 2 of 2 Page 2 vrr ex c ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, z TOWNSHIP 2 SOUTH, RANGE 1 WEST, W M. CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 t I ! - --r�--T 3 4 N Q) V TL 1300 co ROADE A N R A C - VACA,710N A C R T AREA co - =' 3849 SF / TL 1200 TL 1100 / AKERMAN / WATHEY DOC. N0. 92031816 / l p T DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2529 Fax.834.5498 EXH 1 Brr A -2- 2407 "2.2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 fax.834.5498 DEVELOPMENT c.halcumb@verizon.net PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying North of the Westerly Extension of the South line of said Lot 35, and lying South of the Westerly extension of the North line of that Tract of Land described In deed to Richard D. Akerman and James E. Wathey, recorded in Document Number 92031816, Washington .County Deed Records, Containing 3,849 Square Feet. V DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 �✓ *wo' s 0� ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, z TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. cl CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 TT�T 3 4 I 1 1 ROAD VACATION TL 1300 J AREA LARUSSO CONCRETE COMPANY, INC. 3996 SF DOC. NO. 2000032753 EAN NTRAC A C E � Q 0 JJ 40" l Jl U JJ TL 1200 TL 1100 v J 30' 2 r / / 3 O 6 / / L JT DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.634.2529 Fax.834.5498 +rr Doo t a«RA VU z 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 fax.834.5498 DEVELOPMENT c.halcumb@verizon.net PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying South of the Westerly Extension of the North line of said Lot 35, and lying North.of the Westerly extension of the South line of that Tract -of Land described in deed to Larusso Concrete Company, Inc., recorded in Document Number 2000032753, Washington County Deed Records. Containing 3,996 Square Feet. CITY OF TIGARD, OREGON STREET VACATION TIME SHEET/BILLING STATEMENT VACATION FILE NO.: VACATION FILE NAME: 1- Petitioner or Representative: L G P - Address: 2 0G S T r 0 Fee Payment Split: % DATE TASK STAFF COST PAYMENT BALANCE U-19-c. Customer Deposit- Receipt# Permit Tech. -- $2d g o $ Preparation of legal notices, ads, file setup, Planning Sec. tidemark database activities updates. Request for comments to agencies/utilities Planning Sec. Preparation of map& notification area Planning Sec. J 1-2-1-of Preparation of Resolution & Council report Assoc,P4anAer Proof/edit packet materials Planning Sec. PropertV owner notice, Tigard Times notice Planning Sec. Posting Assoc. Planner I/-,?-- Planning re ort Assoc. Planner En ineering report Dev. Review Eng. Ordinance/packet preparation Assoc. Planner CC presentations PI . Mgr./CD Dir. Advertisement fee—Tigard Times Planning Sec. Surveyors fee Engineering Recording fee Records Dept. Preparation for recording Records Dept. Copies for mailings/postage Planning Sec. File closure Planning Sec. Refund or billing processing Accounting $12.89 or (Refund:Sr.Accounting Assistant-%hr.@$25.78/hr.) $16.14 (Billing:Accountant-'/z hr.@$32.28/hr.) Refund Amount: $ or Amount Due: $ Date Refund Paid: or Date Amount Due Paid: Date Vacation Process Completed: is\curpin\masters\street vacation time sheet—billing statement.doc Vir4( r 11 Agenda Item No. For Agenda of V11 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 u 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 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 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 UP) Urban Services Staff Presenter: Senior Planner Nachbar Intergovern- 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 55`h 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 King 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—5t' 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 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/147"'-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 up 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 7e 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 74!'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 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- 06-02Twith amendment Way Totaling he petition was filed with the City on September 9,quto Section 2 as noted by 3,392 Sare Feet 2005 and initiated by the City Council at the request of Along 68�' the applicant on January 10,2006. Any interested the staff. Parkway and 69`'' person may appear and be heard for or against the he motion was Avenue proposed vacation of said 68 Parkway Public Right- approved b 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 hearing. 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. (LUBA)Remand address a single issue relaxing 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- otral tree plan,but not designated for protection findings. 00010/Planned in the revised tree plan previously approved. On Development this second remand,the applicant has submitted a The motion was Review(PDR) second revised tree plan that amends the first approved b a majority revised tree plan by designating for protection the 23 pp y 2003-00004/Zone trees specifically mentioned by LUBA. A full copy vote of Council present. Change (ZON) of LUBA's Final Oppinion and Order can be 2003- obtained from CityTlall 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 05042.ht Lands Review m. LOCATION: 975-0 SW 74 Avenue;WCTM Councilor Sherwood Yes (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 Woodniff Yes ment(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 wets 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 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 18.350.100B.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 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 Zrfothe 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 property 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'T1 d,OR 97223, challenged and requested clarification with regard to the adequacy of disclosure of ex pante contact between the decision makers and the applicant. A description of Mr. Frewing's o lection is in writing and on file in the City Recorder's office. As outlined by Mr.Frewrng,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 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 examining that question,there is a need to do that. Before proceeding with City Council comments,City Attorney Rarnis 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. aught,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 meetings;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'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,representing the applicant,noted that subsequent to the LUBA remand the applicant was to either justify removing the 23 trees or show aplan 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 ren aided Mr.Fre,7 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 anythin other than the 23 trees without violating the LURA order. Mr.Frewing 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. Frewmg then referred to his written comments and outlined his issues with regard to the decision Process. City Attorney Ramis requested that Mr. retying 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 Mess and his rights within the hearing process. 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 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 Mx. Frewing's testimony and advised that the large tree plan was not revised. The applicant submitted a new drawinR 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 applicant, specifically references that plan. I 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, 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. 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 aplicable as the applicant is entitled to comply wig 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 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;`I erry 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 original application other than to protect an additiona123 trees. 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,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 (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 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 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 merit#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 Woodruff Yes atherine Wheatley,City Recorder Attest: e , '�z - — Mayor,Ci of Tigard Date: oDO NO Tigard City Council Meeting Minutes Page 23 February 28, 2006 o. q Agenda Item No. c� For Agenda of V111e6 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 u 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 CONRCC) 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 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 UP) Urban Services Staff Presenter: Senior Planner Nachbar Intergovern- 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 F 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 UP) ■ 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 ate 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`s 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 King 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—5t' 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 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. The property owner responsible for clearing trees at Beef Bend/147"'-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. 4 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 Heating 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 74!'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 heating. Planning Manager Bewetsdorff presented the staff report and noted the scope of the vacation request. The City did not pay for the tight 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 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 69s' person may appear and be heard for or against the The motion was Avenue proposed vacation of said 6e Parkway Public Right- approved b a (VAC2005-00004 of-Way Vacation and 69th Avenue Public Right-of-Way nanimous 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 hearing. 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 heating. 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 6e 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 Resolution No. of Appeals Change,Sensitive Lands,and Adjustment reviapprove to (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- ornal tree plan,but not designated for protection findings. 00010/Planned in the revised tree plan previously approved. On Development this second remand,the applicant has submitted a The motion was Review(PDR) second revised tree plan that amends the first approved b a majority revised tree plan by designating for protection the 23 PP y 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 sept05/050 22.ht Councilor Sherwood Yes Lands Review m. LOCATION: 975-0 SW 74 Avenue;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 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 of Appppeals on a single narrow issue and testimony willbe limited to that issue. LUBA limited the scope of this hearingg to the question of whether CDC. 18.350.100B.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 UP) Item S ary He noted the proposed resolution containsa n 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 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 a quasi-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 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 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,Ti d,OR 97223, challenged and requested clari cation with regard to the adeq Lary of disclosure of ex parte contact between the decision makers and the applicant. A description of Mr. Frewing's objections 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 examining 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 a�licant'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 nught,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 meetins;not 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 clan —Councilor Woodruff had indicated he had ha 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 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 UP) 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 justify th removing the 23 trees or show a plan saving the 2 trees. They chose to save e 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 UP) 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 LUN order. Mr.Frewing 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 process and his rights within the heating process. City Attorney Rattus 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 drawinz 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. Therefore,he does not think there is any confusion about how and what will ha :)en. 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, 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. 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 aste 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 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.'Ierry Flanagan was the arborist. Tigard City Council Meeting Minutes Page 16 February 28,2006 Agenda Item Discussion& Comments Action Items (follow u In response to a question by Mayor Dirksen, Planning Manager Bewersdorff advised that to his knowledge the application has not been changed from the original application other than to protect an addition 23 trees. City Attorney Ramis noted the March 14 City Council meeting has been cancelled. He asked the applicant if they had any obJfinal 'ection to the nal 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 oppportunity 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 (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 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 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 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 system 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 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 Woodruff Yes atherine Wheatley,City Recorder Attest: Mayor,Ci of Tigard Date: aooD Tigard City Council Meeting Minutes Page 23 February 28, 2006 CITY OF TIGARD, OREGON ORDINANCE NO. 06- O I AN ORDINANCE VACATING AN APPROXIMATELY 7,845 SQUARE FOOT PORTION OF AN UN-NAMED PUBLIC RIGHT-OF-WAY WHICH LIES TO THE EAST NORTH OF 7SW AVENUE AND EAST OF THE S P & S RAILROAD RIGHT-OF-WAY, DURHAM ROAD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2005-00003). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on December 20, 2005, and has been recommended by the Community Development Department; and WHEREAS, the approximate 7,845 square feet andlis not requg ed for ingresamed riht-of-way tosor egressvacated toaor from s never been used for public or private road purposes adjoining properties; and WHEREAS, the applicants have requested that the City of Tigard vacate an un-named public right-of-way approximately 7,845 square feet in area and described in exhibits "A-1 and A-2" and "B-1 and B-2"; and WHEREAS,the City will no longer have maintenance responsibility for this area; 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 iMunicipal the newspaper;de 1220,notice of the public hearing was posted in the area to be vacated and published 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 27blic 11120 and TMC Section ht-of-way as the 1508 130; and interest ill not be prejudiced by this vacation, as provided by ORS NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 7,845 square foot portion of public right-of-way as shown and described in the attached Exhibits "A-1, A-2, B-1 and B-2" (legal descriptions and map of the area to be vacated), and by this reference,made part thereof. '-�l Page 1 of 2 ORDINANCE NO.06-1 — i:\cuipin\j aures\VAC\VAC2005-00003.ord SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder and upon .. , recording of a certified copy of the ordinance by the City Recorder. PASSED: By [ )n Q n )MQQS vote of all Council members present after being read by number and tide only, this _'day of , 2006. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this Oday of , 2006. • i Craig DAcTen, Mayor Appr ved as to form: Ci ttorney 4Dat ORDINANCE No. 06-LZ Page 2 of 2 Page 2 ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, o TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. z CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON 1•-60' OCTOBER 25TH, 2005 I I I I I . T 3 4 l ! 1 N 0 3 � a 1 V 1 ct J TL 1300 � m � a - / Z / ;, A N TRA C c") ''-i ROAD F N VACATION A C R AREA %! 3849 SF !; TL 1200 TL 1100 AKERMAI / WATHEY DOC. NO. 92031816 LO-Y 6 DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 350.834.2519 Fax.834.5498 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 fax.834.5498 DEVELOPMENT c.hafcumb@verizon,net PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast l/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, In the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying North of the Westerly Extension of the South line of said Lot 35, and lying South of the Westerly extension of the North line of that Tract of Land described in deed to Richard D. Akerman and James E. Wathey, recorded in Document Number 92031816, Washington .County Deed Records, Containing 3,849 Square Feet. 0� ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, o TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. z CITY OF TlGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 � f � I t . ^ .� 3 4 i ROAD VACATION TL 1300 U l AREA LARUSSO CONCRETE COMPANY, INC. 3996 SF DOC. NO. 2000032753 co Ico F A N E T R p C •ApR cl) O Ij 40, j jj TL 1200 TL 1100 v J 30• . 2 I I / I I l 3 � p "7 6 . r DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 X 14 18t Bra PU 2407 NE 292"d Avenue Camas, WA 98607 360.834.2519 fax.834.5498 c.halcumb@verizon.net DEVELOPMENT PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated In the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying South of the Westerly Extension of the North line of said Lot 35, and lying North of the Westerly extension of the South line of that Tract -of Land described in deed to Larusso Concrete Company, Inc., recorded In Document Number 2000032753, Washington County Deed Records. Containing 3,996 Square Feet. AGENDA ITEM No. 4 Date: February 28, 2006 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: 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 741h Avenue Vacation. Any written objections or remonstrances shall be filed with the City Recorder by 7:30 PM on February 28,2006. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\Packet06\060228\Agenda Item 4 Sign-in Sheet AGENDA ITEM NO. 4 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate is City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME,ADDRESS & PHONE NAME,ADDRESS &PHONE NAME,ADDRESS & PHONE Please Print Please Print Please Print Name;. Name: Name: Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address S Cn Kkx�0,, S Address Address City czxA City City State (L`Z Zip Z Z State Zip State Zip Phone No. d 3' 24-y Z�^ Phone No. Phone No. Name: �'(_" Name: Name: Also,please spell your name as it sounds,if it Also,please spell your naxn.e as it sounds,if it Also,please spell your name as it sounds,if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address 9 t we 4 Address Address City V City City State Zip Gt7 O & State Zip State Zip Phone No. v`'© 6,,l 2 �a2e Phone No. Phone No. I:\ADM\Packet06\060228\Agenda Item 4 Sign-in Sheet AGENDA ITEM NO. 4 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meetingminutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME,ADDRESS &PHONE NAME,ADDRESS &PHONE NAME,ADDRESS & PHONE Please Print Please Print Please Print Name: Z--,v Name: Name: Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address Address City City City State Zip i State Zip State Zip Phone No. f-07 - C-Lt -3' 701 Phone No. Phone No. Name: Name: Name: Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address Address City City City State Zip State Zip State Zip Phone No. Phone No. Phone No. I:\ADM\Packet06\060228\Agenda Item 4 Sign-in Sheet F1TIGARD CITY COUNCIL BUSINESS MEETING February 28, 2006 6:30 p.m. TIGARD CITY HALL 3125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: T 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 6:10 PM • STUDY SESSION > IGA—Goal 5 Fish&Wildlife Habitat—Tualatin Basin Partners o 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 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. 73A)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 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 Removed for Separate Discussion. Any items requested to be removed firm the ConsentAgenda for separate discussion mill be considered immediately after the Couned has voted on those items which do not need discussion. 7:55 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 £ Council Discussion g. 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 g. 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/SENSTITVE LANDS REVIEW (SLR) 2003-00005/ADJUSTMENT (VAR) 2003- 00036/ADJUSTMENT(VAR)2003-00037 The State Land Use Board of Appeals (LUBA) 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://Iuba.state.or.us/12df/2005/se42tO5/05042.htm. LOCATION: 9750 SW 74,h 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 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. 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 g. Close Public Hearing 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 • 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 • 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 (CIP), AND 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 • 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 • 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 closed to the public. 10:05 14. ADJOURNMENT COUNCIL AGENDA—FEBRUARY 28,2006 page 6 AGbwDA ITEM# FOR AGENDA OF February 28,2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: 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). PREPARED BY: Dick Bewersdorff DEPT HEAD OK ' CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council vacate an approximately 7,845 square foot portion of un-named public right-of-way lying east of SW 74th Avenue and east of the S P & S Railroad right-of-way which adjoins tax lots 2SI 12DC-01200 and 2S112DC-01300. These parcels are owned by the petitioners and are legally and graphically described within attachments"A-1 and A-2"and`B-1 and B-2". STAFF RECOMMENDATION It is recommended that the City Council adopt the attached ordinance vacating approximately 7,845 square feet of un-named public right-of-way lying east of SW 74t11 Avenue and east of the S P & S Railroad right-of-way. At the public hearing, or after due consideration, the Council may by ordinance approve, approve with conditions, or deny the vacation request. INFORMATION SUMMARY The applicants, Larusso Concrete Company, Inc. and Richard Akerman & James Wathey, requested that the City Council initiate vacation proceedings on November 15, 2005 (Attachment 2). On December 20, 2005, the City Council voted to initiate the vacation hearing process (Attachment 3). The next step in the process is for the City Council to hold a public hearing. The applicants are requesting the vacation of an approximate 7,845 square foot portion of an un-used portion of public road right-of-way located east of SW 74th Avenue and east of the S P & S Railroad right-of-way, north of SW Durham Road. The right-of-way has never been used for road purposes and is not needed for ingress or egress to adjoining properties. Utility companies and emergency service providers have given no objections. Adjacent property owners were notified and they have not objected. In 1998, the City Council approved a related and adjacent right-of-way vacation(Attachment 4). 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. Attachment 2—Applicant's request and Vicinity Map. Attachment 3—Resolution No. 05-73 initiating the vacation hearing process. Attachment 4—Ordinance 98-01 and associated maps from the adjacent vacation to the south. FISCAL NOTES The applicant has paid the required deposit fee. CITY OF TIGARD, OREGON ORDINANCE NO. 06- 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 74' 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). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on December 20, 2005, and has been recommended by the Community Development Department; and WHEREAS, the approximate 7,845 square feet of unnamed right-of-way to be vacated has never been used for public or private road purposes and is not required for ingress or egress to or from adjoining properties; and WHEREAS, the applicants have requested that the City of Tigard vacate an un-named public right-of-way approximately 7,845 square feet in area and described in exhibits "A-1 and A-2" and "B-1 and B-2"; and WHEREAS,the City will no longer have maintenance responsibility for this area; 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 Section 15.08.130; and NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 7,845 square foot portion of public right-of-way as shown and described in the attached Exhibits "A-1, A-2, B-1 and B-2" (legal descriptions and map of the area to be vacated), and by this reference,made part thereof. ORDINANCE NO.06- Page ] of 2 is\curpin\james\VAC\VAC2005-00003.ord SECTION 2: This ordinance shall be effective upon the recording of a certified copy of the ordinance by the city recorder. 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 of 2 i:\curpin\james\VAC\VAC2005-00003.ord x ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, o TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. z CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 ! ! I t ! T 3 4 It I I N O 4t ' V � 7L 1300 v / Q � / Z / Q ^� ROAD FANN TRAC -i= VACATION A CR E s� AREA 3849 SF TL 1200 TL 1100 AKERMAN / WATHEY DOC. N0. 92031816 / L 0 DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2529 Fax.834.5498 eotate A -2- 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 fax.834.5498 DEVELOPMENT c.halcumb@verizon.net PROVIDING SURVEYING AND PLANNING SERVICES SMITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying North of the Westerly Extension of the South line of said Lot 35, and lying South of the Westerly extension of the North line of that Tract of Land described in deed to Richard D. Akerman and 3ames E. Wathey, recorded in Document Number 92031816, Washington County Deed Records. Containing 3,849 Square Feet. Ex/ t t ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST W.M. z CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 I 1 � ! I �n7 34 — 1 � C) ROAD TL ! V It1 300 ! !i VACATION LARUSSO CONCRETE ';=% AREA ! COMPANY, INC. 3936 SF DOC. NO. 2000032753 J � E TRAC A C R co O it 4o / _ /l V /l TL 1200 TL 1100 v J 30. Q l / 6 DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 fax.834.5498 DEVELOPMENT c.halcumb@verizon.net PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying South of the Westerly Extension of the North line of said Lot 35, and lying North.of the Westerly extension of the South line of that Tract -of Land described in deed to Larusso Concrete Company, Inc., recorded in Document Number 2000032753, Washington County Deed Records. Containing 3,996 Square Feet. ATTACHMENT 2 LDCC- November 15, 2005 Design Group a Parati company Dick Bewersdorff,Planning Manager City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Right-of-way vacation Dear Mr.Bewersdorf£ On behalf of Mr..Akerman,Mr.Wathey and Mr.LaRusso,I am requesting that the City initiate the vacation a 30-foot wide strip of right-of-way along the east side of SW 74th Street, east of the Spokane Portand & Seattle(SP&S)railroad tracks, also known as the Oregon Electric Railway. This area was dedicated to the public in 1911 with the platting of"Tann Creek Acre Tracks". The right-of-way is not currently used for any public purpose, and it is unlikely that there would be any public interest in the property in the future. It is apparently part of the SW 70 Street right-of-way,but it is unusable for street purposes because of the railroad tracks. Moreover, the area is landlocked. The only public access to it eliminated when the City vacated the SW Fanno Creek Place right-of-way in 1998. The City Council initiated a related right-of-way vacation eight. years ago, on November 25, 1997, adjacent to tax lots 300, 500 and 700, 2S 1 13AB. The Council initiated that vacation via Resolution No. 97-48, adopted on November 25, 1997, and vacated the right-of-way via Ordinance No_ 98-01, adopted on January 27', 1998. That vacation included the SW Fanno Creek Place right-of-way, as well as the 30-foot wide right-of-way adjacent to tax lot 300 and the railroad tracks. I am enclosing documents related to that previous vacation request. This vacation request is for the next portion of the right-o€--way to the north, adjacent to tax lots 1200 and 1300, 2S 1 12DC. We are making two separate requests, one for the right-of-way adjacent to tax lot 1200, owned by Akerman/Wathey, and another for the right-of-way adjacent to tax lot 1300, owned by LaRusso Concrete Company. This request is being made in conjunction with the zone change application from I-L to I-P submitted on November 1, 2005. The zoning map change, if approved, would therefore need to take this right-of-way vacation into consideration to make sure that there will not be a left-over strip of land zoned I-L. The vacation of the right-of-way will increase the area of tax lots 1200 and 1300 by H0 85 borro OR Tana b 4 me Drive 3849 square feet and 3996 square feet, respectively. Including these small areas in the p503.858.4242 developable area of tax lots 1200 and 1300 will make a significant difference in the site E503.645o555idcdesign.com planning for these parcels. It will also bring this square footage back on the property hillsborwww.ldcdesign.com tax rolls, and clarify who is responsible for maintenance. Hillsboro.on Tillamook,ok Vancouver,wa Bellevue,wn Coeur d'Alene,io P—I,Rn r s (LDC Based on utility maps received from the City staff, there are no existing or planned public or private water, sewer or storm water utilities within the areas to be vacated. If Design Group upon further investigation it turns out that there are existing utilities within this area, aPowti`° P.ay the City Council may require the property owners to establish a public and private utility casement within the area to be vacated, as it did with the 1998 vacation. (In that case,however,there was an existing 8"public water main in SW Fanno Creek Place.) With this application, I am submitting: ♦ A check in the amount of$2080,which is a deposit for the application fee; One copy of a title report showing ownership; ♦ Documents related to the 1998 vacation; ♦ Legal descriptions of each area to be vacated; ♦ Maps showing each area to be vacated; ♦ An aerial photograph of the site; ♦ Tax Assessor's maps showing the site. I trust that you and the engineering staff will agree that there is no public interest now and none anticipated in the future for this right-of-way, and that it would be appropriate to initiate proceedings for the requested vacation. Would you please schedule this request before the City Council at the earliest opportunity? If you need anything else in order to place this request before the Council (such as a draft Resolution),please let me know. Sincerel , Ed Murphy,Al P cc. Richard Akerman LaRusso Concrete Company,Inc. Kevin VandenBrink—Macadam Forbes, Inc. Cindy Halcumb,PLS,KC Development 099I.001/do&plan/vacation/vacregiettertt 1/15/05 2 O a 00 RA PHIC INFORMATION SYSTEM VICINITY MAP Attachment 2 U , I Current Vacation request (VAC2005-00003) I �A RS R F6F� SE Fa S RP Tigard Area Map N Prior Vacation (Ordinance #98-01) 0 200 400 600 Fact 1"-400 feet City of Tigard Information on We map Is for general location only and should be verified M1th the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)6394171 , htlp:/t~.G•tigard.or.ua 1'^mmunity oevelooment Plot date:Nov 30,2005;CAmagic\MAGlCO3.APR CITY OF TIGARD, OREGON ATTACHMENT 3 RESOLUTION NO. 05-7.5 A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF AN APPROXIMATELY 7,845 SQUARE FOOT PORTION OF AN UNNAMED PUBLIC RIGHT OF WAY WHICH LIES TO THE EAST OF SW 74THAVENUE APPROXIMATELY 680 FEET NORTH OF DURHAM ROAD WHEREAS, the applicant has requested the City of Tigard initiate Vacation proceedings to vacate an aproximately 7,845 square foot portion of right-of-way which had previously been dedicated to the public; and WHEREAS,the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,I BEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 7,845 square foot portion of public right-of-way and more particularly described and shown in Exhibits "A-1 and A-2" and 'B-1 and B-2 " 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 ,5?0�day of &L, 2005. (/'01 c Mayor- ity of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.05- "73 Page 1 ATTACHMENT 4 t96 Lo��. • RlrrURN RECORDED DOCUMMrM. MY RECORDS SUMION, CITY OF TIGARD,OREGON erIY OF 110ARD N13125 SW M Blvd. ORDINANCE NO.98.C�t 'IYgnrd,OR 972x3 AN ORDINANCE CONCERNING THE VACATION OF- 1)APPROXIMATELY 16,174 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FANNO CREEK PLACE; AND 2) APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE WESTERLY LINE OF LOT 36 OF"FANNO CREEK ACRE TRACTS". WHEREAS,the Tigard City Council Initiated at i'Public heardon(Resolution November 25, aNO. 97-49) mluest pursuant to Section 15.08.040 of the Tigard Municipal nd WHEREAS,the light-of.way was previously dedicated to the public;and WHEREAS,the approximately 4,914 sql m foot road had been dedicated with the platting of"Funno Creek Acre Tracts"in 1911;and WHEREAS,SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo Studd's and Northwest Landscape Industries;and WHEREAS,the approxunately 4,914 square pub' ght hue of lot feet of he ri -of--way adjace d to the westedy 36 of"Fenno Creek Acre Tracts is also nndevdoped and not used in any way;and WHEREA3,the petitioner is requesting that the City of Tigard vacate an approximately 16,174 square foot - portion of SW Fenno Creak Ptace;and WHEREAS,the petitioner is requesting that the City of Tigard v�ate as approitimatdy 4$14 square foot Portion of an unnamed roadway adjacent to lot 36 of"Fanno Creek Acre Tracts',and, WHEREAS,the public right-of-way may no longer be necessary;and WHEREAS,the vacation was initiated by the City Council and approval has been recommended by the Community Development Dejarmlit;and J g utility es and erne n seimee providers, WHEREAS,all affected service providers,iricltidin euiti companl rge `'�' . have had the opportunity to review the vacation proposal and have no objections;and WHEREAS,PGE states that they will need easemetits for any facilities presently in this right-of-way to be vacated;and WHEREAS, GTE Telephone Operations bas existing facilities that provide service to 13930 SW 74th Avernte that will require filo granting ora utility easement;and WHEREAS,Unified Sewerage Agency states that there is an existing 8 inch sanitary sewer line within tho proposed vacation area which will require the granting of a public utility easement;and ORDINANCEN0.9a- Ty{s t ora WHEREAS,the 30-fool ' right-of way is Pett of a.65 mile(3,460 lineal foot)length right-of-wey that{s W contiguous to 10 parcels.;and °•d WHEREAS,the 30-foot right-of-way extends for an additional.62 miles(3,290 lineal feet)beyond the area to be vacated and Is contiguous to 9 parcels;and WHEREAS,in 1979 a street vacation had been approved(Ordinance No.79.63)for an approicimateiy,14 mile(770 lineal fit)segment of this:�J-foot right-of-way; rid WHE becausieR of S, thattion and street a"ccOn((Or ,dinanoe No.79-13) was later overturned (Ordinance No.79-11 S) WHEREAS,the access issues associate-d with that 1979 vacation are no longer applicable;and WE.EREAS,all of those Parcels have had approved Site Development Reviews;and WHEREAS+access standards were satisfied for all of the (SDR 88-08)(SDR 88.)9) (SDR 90.000 approved Site the Review approvals • �+(SDR 90-0010)without use of the tight-of-way;and WHEREAS,Pacific Realty Associates received site development-that the need for the ' pmt review approval(SDR 88-08)that stated rightof--way to be used for access appy to be highly unlikely.it is not - int-ined,It is a Potential eyesore and it would be in the City's interest to have this area maintained is cotg the proposed development;and tat WHEREAS,Pacific Realty Associates received site development review approval(SDR 88-09)that stated variance was granted to allow less than the minimtuti Percentage if as made to use the vacant rightof-way such that the total land area rwou provide for the minimum can W requirement;and . landscape WHEREAS,the City entered into an agreement with Pacific Realty Associates to lease the allow landscaping and other uses within a.2 mile(1,I00 lineal fool) len �'of W4y to contiguous to 2 parcels;and length of the right-of-way that is -WHEREAS,notice has been mailed to all Property owners abutting said vacation area and all owners in the area,as required by ORS 271.080;and WKS,in accordance with Tigard Mmhicipai Code 15.0&220,the Ci area to be vacated and published notice of the public heating;and City Recorder posted notice is die WHEREAS,the property owners of the majority of the area affected have Dot objected in wrift and WHEREAS,the City Council having considered the . public,interest to approve request on January.27. 1998,cfinds int that it is in the regti�ro mate said public right-of--way as the public interest will ilOt be Prejudiced by this vacation,as provided be ORS 271.120 and TIvIC Section 15.08.130;and otcow,wci:aa:w. Hae2ofJ Kiy_ wdoealvnmak2,,d i 1 - rd C4 WHEREAS,the Council finds that the following condition is necessary to vacate said land: 1. A public and private utility easement shall be provided within the area to be vacated. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of: 1)appro*nately 16.174 square feet-of public right-of-waycommonly known as SW Fanno Creek Place; and 2) approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of"Fanno Creek Acre Tracts", as more particularly described in Exhibit'S" and Exhibit"C". SECTION 2: 17he Trgard City Council further orders drat the vacation be subject to the following - conditions: 1. A public and private utility easement shall be provided within the area to be vacated. SECTION 3: This ordinance shalt be effective 30 days after its passage by the Council,approval by the Mayor,and posting by the City Recorder. PASSED: By U17 f h",Y'Od 5 vote of all Council members present after being read by number and title only,this..-_-?'7 day of 19y& Catherine Wheatley,City Recorder f} APPROVED: By Tigard City Council this n) ay of d.9'► ,u 1998. -- kn iColi.Mayor '� ti;�►3,.S ??ti •;'=_`j Ap roved as to fo Certified to be 11'4 Attorney Original I - - Date By. . City R -Clty Data: S� oRDafMtCE 40.9- LinkywWabfrdWwtb ad Pgel of7 } i • • STATE OF ORE0ONt County of Washln x Cmant lad:o eta ofCo rthly y catod and m said 00!!n Of s6 d• 6r K101p�gynttl Clerk Doe : 99049066 Roct: 230198 131.00 04/21/1999 02:25:56pa 1 w Iz F ) EXHIBIT A +a' moo 1100 I-A 1600 < r zoo Iasi= }-. 36 �ti� •° Area To Be t Vacated . aco ,• a t1 . z,42 7C0 ' t .:oo 37 1 f _ i SITE pLAN CASE NC)O. CITY OF TIG PUBLIC HEARING ITEM CMUNITY VACATION(VAC)PUBLIC OM >UN-NAMED PORTION OF PUBLIC RIGHT OF-WAY SPAPERS EAST OF SW 74TH AVENUE< The Tigard City Council will hold a public hearing on Tuesday_ February 2$ 2006 at 7. 0 PM at the Tigard City Hall, Town Hall 6605 SE Lake Road, Portland, OR 97222• PO Room, 13125 SW Hall Boulevard,Tigard,Oregon 97223 to consider Box 22109• Portland, OR 97269 a request by Larusso Concrete Company, Inc. and Richard Akerman Phone:503-684-0360 Fax: 503-620-3433 & James Wathey concerning the proposed vacation involving an Email: approximately 7,845 square foot portion of an un-named publicright- legaladvertising@commnewspapers.com 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 AFFIDAVIT OF PUBLICATION December 20,2005. Any interested person may appear and be heard State of Oregon, County of Washington, SS for or against the proposed vacatio of said Un-Named Portion of PubobjectionslRight-of-way East of SW 74th Avenue Vacation. Any written I, Charlotte Allsop, being the first duly sworn, 7; 0 PM Mop reh oAces shall be filed with the City Recorder by depose and say that I am the Accounting , 28 2006 Manager of The Times (serving Tigard, Further information may be obtained from the Planning Division Tualatin & Sherwood), a newspaper of Gaff contact• 'chard Bewersdo general circulation, published at Beaverton, in > at 13125 SW Hall Boulevard, g p Tigard, Oregon 97223, by calling 503-639-4171, or by email to the aforesaid county and state, as defined by dck@tigard-orgov.Publish 2/9,2/16/2006 TT10737 ORS 193.010 and 193.020, that City of Tigard Public Hearing-VAC2005-00003 TT10737 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 kCX_-1�o4�c � kf Charlotte Allsop (Accounting Manager) Subscribed and sworn to before me this nmim NOTAR PUBLIC FOR OREGON My commission expire"10V '�Lw7 Acct#10093001 Patricia Lunsford OFFICIAL SEAL SUZETTEICURRAN City of Tigard NOTARY PUBLIC-OREGON 13125 SW Hall Boulevard COMMISSION NO.373063 Tigard, OR 97223 MY COMMISSION EXPIRES NOV.28,2007 Size 2x3.5 Amount Due $116.90 •remit to address above NOTICE TO MORTGAGEE, LIEN10-L°DER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. cm of TIGARD Community(Devekpment ShgpingA Better Community CITY OF TIGARD NOTICE OF EASEMENT VACATION & PUBLIC NEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY FEBRUARY 28, 2005 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 NO.: VACATION (VAC) 20OS-00003 FILE TITLE: UN-NAMED PUBLIC RIGHT-OF-WAY EAST OF 74TH AVENUE VACATION APPLICANT: Larusso Concrete Company, Inc. APPLICANT: Richard Akerman & James Wathey 15930 SW 74th Avenue 12031 SW Breyman Avenue Tigard, OR 97224 Portland, OR 97219 APPLICANT'S LDC Design Group REP.: Attn: Ed Murphy 20085 NW Tanasbourne Drive Hillsboro, OR 97124 REQUEST: The applicants, Larusso Concrete Company, Inc. and Richard Akerman & James Wathey, are requesting that the City vacate an approximately 7,845 square foot portion of an un-named public right-of-way. LOCATION: East of SW 74th Avenue and the Oregon Electric Railway (SP & S R/R) right-of-way approximately 680 feet north of SW Durham Road. DATE REQUEST WAS FILED: November 15, 2005 THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON DECEMBER 20, 2005 BY SETTING A FORMAL PUBLIC HEARING DATE OF FEBRUARY 28, 2006 (Resolution No. 05-73). ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY VACATION. 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 APPLICN,3LE CRITERIA IN THE ABOVE-NvWED 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 (25C) 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. U i i i .. Current Vacation request(VAC2005-00003) r �9 I Prior Vacation (Ordinance #98-01) Agenda Item No. 3. 1 For Agenda of 1•aq•W AWMAM CITY OF TIGARD OREGON Tigard City Council Meeting Minutes Date: December 20,2005 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 Absent— Agenda Item Discussion&Comments Action Items follow u Study Session Update on Interim Finance Director Imdieke reviewed a Finance Staff will prepare an Potential summary of potential financial ballot measures other updated list of potential Financial- jurisdictions are plan to place before the voters financial ballot measures. Related Ballot over the next few years. Measures from Other City Council reviewed a"Financial Ballot Measure jurisdictions Survey—December,2005." Additional updates to this list will be needed,including several items mentioned by Councilor Harding. Interim Finance Director Imdieke reported on the work of the Financial Strategy Task Force. The Task Force has been concentrating on reviewing the mix of services that the City of Tigard is providing. The next step will be to look at alternatives and efficiencies. Tigard City Council Meeting Minutes December 20,2005—Page 1 Agenda Item Discussion&Comments Action Items follow u Study Session Police Chief Dickinson reviewed this request for Council members indicated Continue direction from the City Council on whether or not support for the decision not Discussion on the Police Department should expend funds and to pursue accreditation. Police staff time to renew the City's current accreditation Council members noted they Department through the Oregon Accreditation Alliance (OAA) were in favor of continual Accreditation and/or the National accreditation organization, instruction on policies and CALEA (Commission on Accreditation for Law for a high-level of Enforcement Agencies.) professionalism. At Council direction from the November 15 City Council meeting,the tank and file were surveyed. Based on that information,the Department recommends that the City not pursue re- accreditation at this time due to competing time and budget issues. The Department would like to re- visit accreditation at some time in the future and use this process as an independent means of validating policies and procedures. The proposed timeline would be to seek certification again,perhaps at the National level,in 2008. Police Chief Dickinson reported on the possibility, of exploring the purchase of a program which sets out a course for policy review, such as the program offered by LexipoL In addition,Lexipol is considering making its policy review manual accredited. Study Session— Administrative ❑x Access Easement to the Fields Property— Council concurred with the Items Revision to the"Grant of Easement"Document revision as outlined by City Engineer Duena.s. City Engineer Duenas reviewed his memorandum of December 16,2005,regarding "Access Easement to the Fields Property— Revision to the Grant of Easement Document." A copy of the memorandum is on file in the City Recorder's office. A revision to the Grant of Easement document clarifies whether or not Mr. Fields can continue to cross City property north of Famzo Creek for maintenance of the Fields'property east of the Library site. The proposed revision to Section 7 Tigard City Council Meeting Minutes December 20,2005--Page 2 i Agenda Item Discussion&Comments Action Items follow u of the agreement makes it clear that the maintenance access is not tenxunated by the "Grant of Easement." ❑x Identify the resource materials for the January 6, City Council requested the 2006 City Council Goal Setting Meeting following information: 1. One-to two-page summary of status of 2005 goals. 2. Suggestions for goals from the City's Boards and Committees 3. Large map of the City. 9 Congress of Cities Conference ■ Topics to date from Mayor and Council for meetings with Senators and Congressman include: -Community Development Block Grant -Section 8 -Food Stamps -Transportation funding Council members will advise administrative staff if they have additional topics for the legislators. ■ Council members will advise administrative staff regarding dates of attendance at the conference. Z No Chamber of Commerce Representative will attend tonight's meeting. The next report from the Chamber of Commerce is scheduled for the January 24,2006,Council agenda. Review Process-Continuation of Sunrise Lane Annexation Hearing;Agenda Item No. 5 City Attorney Ramis advised that the heating is at the point for City Council deliberation with ,regard to the annexation request. If approved, findings have been prepared for CounciPs Tigard City Council Meeting Minutes December 20,2005—Page 3 Agenda Item Discussion& Comments Action Items (follow u consideration,which will be included as an exhibit to the proposed ordinance. The request for an emergency clause comes from the parties seeking annexation. N Agenda Item No. 6—Consideration of Geographic Information Systems (GIS) Coordinator Budget Amendment#4 to Add a Full-Time GIS Coordinator Position was deleted from the agenda. This agenda item had been; however, City Manager Prosser advised several City Council members said they were prepared to consider this item on tonight's agenda since their previous questions had been addressed. N Agenda Item No. 8 is the Joint Meeting with the IWB. An e-mail received today from TWD Board Chair Bill Scheiderich was distributed to the City Council. N The following Agenda items were added per discussion from the December 13,2005 City Council meeting: o No. 9—Discussion and Update of the Washington County Coordinating Committee (WCCC): Transportation Funding,Projects,and Process o No. 10—Discuss Tualatin Basin Natural Resources Committee (Goal 5) o No. 11 —Discuss Branding/Graphic Identity Design Executive The Tigard City Council went into Executive Session Session at 7:10 p.m. to consult with legal counsel concerning current litigation and litigation likely to be filed under ORS 192.660(2) and(h). Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:30 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Tigard City Council Meeting Minutes December 20,2005—Page 4 Agenda Item Discussion&Comments Action Items follow u Harding,Sherwood,Wilson,and Woodruff- 1.3 oodruff1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports Councilor Harding reported on a recent Metropolitan Area Communications Committee meeting. Policies and procedures were adopted for TVCTV. A change was made so that producers of programs for public access television should live within the MACC service district More than $100,000 in grant monies were distributed. After negotiation, agreement was reached with Comcast There will be no increase in fees this year; in fact there will be a small decrease. Councilor Harding reported on recent activities of the Tualatin Basin Natural Resources Coordinating Committee (TBNRCC). She read language that was adopted by the TBNRCC should a bond measure be passed at the Metro level for $92 million. The Committee's role will be that of review and not to control or approve local jurisdiction money. "...legacy funds would be distributed by Metro directly to cities, the county and THPRD. Under this alternative, before funds could be committed to a natural resource acquisition or restoration project by a recipient local government, the TBNRCC would review the project for consistency with the Tualatin Basin Program and the healthy streams plan and/or the Metro's Local Natural Areas Legacy Funds Guidelines,and suggest changes or opportunities for coordination or cost sleazing with projects being considered by other recipient local governments. The TBNRCC's role would only be advisory." 1.5 Call to Council and Staff for Non-Agenda Items: None Tigard City Council.Meeting Minutes December 20,2005—Page 5 Agenda Item Discussion&Comments Action Items follow u 2. Citizen J.C.Shemnan 111,10832 SW Kable Street, Communication Tigard,OR 97224,testified. He noted he has been impressed with the City: great services, great community and a great place to raise his children. He noted his concerns about the new City logo: / He noticed there were no markings on some police vehicles,and learned the City is changing the logo. ► Why is the City going to the expense of changing the logo when there are so many other areas in the City that need additional funds? 1 People come to Tigard because of the community and as a taxpayer,he is concerned this is a waste of funds. / He was concerned that the logo change would cost"hundreds of thousands of dollars"based on his experience in the business world. / He asked the City Council reconsider the logo change. Councilor Sherwood responded saying that once the logo is designed,the new design will be introduced as supplies run out or need to be replaced. One of the City Council goals for 2005 was to improve the image of the City. The City Council did not feel the logo represented the City and the Council was looking for a new identity and an updated logo. Councilor Wilson said he respected Mr. Sherman's opinion,but said that others might disagree and he also disagreed. The current logo is about 20 years old and was not professionally designed. The City of Tigard,in his view,has done things inexpensively for a long tune,which has projected an image of what the City was 20 years ago and as being somewhat amateurish. It is important to the City Council and to a lot of Tigard's citizens that the City does things with a certain amount of Etofessionalism. The logo is Tigard City Council Meeting Minutes December 20,2005—Page 6 Agenda Item Discussion&Comments Action Items follow up one small way to project a new way of doing • things. Mx. Sherman noted he was originally from the City of Los Angeles,which was founded in 1781 and this logo has not changed. He said he does not understand the value of a logo change. He noted his concerns for expenditure of funds where most needed. Councilor Wilson suggested Mr. Sherman consider serving on the City's Budget Committee. Councilor Woodruff addressed Mr. She=ar's comments about the amount of expenditure a logo change would mean when comparing the costs to the business world. He acknowledged that a business branding process could mean hundreds of thousands of dollars;however,he assured Mr. Sherman that this was not the process the City is undertaking. He agreed with Councilor Sherwood's comments that the logo would be placed on items gradually rather than a wholesale change. Mayor Dirksen noted the City Council appreciated Mr.Sherman offering his opinion. The City Council,as a whole,decided that this was the direction they wanted to go. The City Council is mindful of costs and has taken on this project at the lowest possible cost The City Council feels the logo change is necessary and will be an improvement for the City. City Manager Prosser noted there are no Budget Committee vacancies at this tune. .Budget Committee terms expire on June 30;therefore, vacancies will probably be advertised this fall. Board and Committee vacancies are posted online. I • Representative Jerry Krummel,7544 SW Roanoke Drive,Wilsonville,OR 97070 said he was not testifying about any specific issue on the City Council's agenda,but on the City's recent Tigard City Council Meeting Minutes December 20,2005—Page 7 i I i Agenda Item Discussion&Comments Action Items follow up practices regarding annexation. In general,he said he believed Tigard is disrespecting and violating the spirit,intent,and letter of the law: A year ago the voters on Bull Mountain spoke loud and clear with a 9 to 1 vote against annexation to the City of Tigard Apparently, the City did not get the message. He spoke of the intent,for a system of annexation that is fair and balanced With regard to the letter of the law,he said that as far as he could tell,the City does not have the authority to force a property owner to annex as a condition of getting a building permit Representative Krummel said that it was all right to have a policy that favors annexation,but the City is not authorized to mandate annexation. The City does not have any services exclusively provided by the City, which justifies a demand for annexation. He said that"we"have reviewed the codes and ordinances for the City and for Washington County and looked into Urban Services Agreement,the Intergovernmental Agreements, and the Bull Mountain Community Plan,and no language was found saying it was legal for the City to do what it is doing. He said some would call this hostage annexations or annexations by extortion;he said, "I don't know what to call it" Representative Krummel said that if the City is contracted to provide certain services and is denying the services to property owners unless they agree to annex,that could be construed as a breach of contract He said he was extremely disappointed that the City of Tigard continues down the path of aggressive annexation despite all that has happened in the past year. He said he was hopeful that the City would take his concerns seriously and work to change these practices. For the past several montbs,the lawyers who work for the legislature have been looking into this issue. He resented the City Counal with Tigard City Council Meeting Minutes December 20,2005—Page 8 Agenda Item Discussion&Comments Action Items follow u an opinion$om Legislative Counsel and noted his business card was attached and asked that he be contacted if there were questions. Mayor Dirksen thanked the Representative for coming to the meeting and said he could understand why Representative Kn=mel felt it needful to represent his constituents on the south side Bull Mountain. Mayor Dirksen said the City Council took these considerations into thought as annexations were considered. • Dick Franzke from Bull Mountain.testified. He said there is an apparent legal issue between what Representative Krummel has told the City Council and what the Mayor has said He asked if the City was relying on the same legal advice that it relied on when insisting on a single vote for the annexation issue. He said that if the City was relying on that same authority,he strongly suggested that the City get a second opinion. He said the City's counsel was wrong in that instance and they are wrong m this instance. 3. Consent 3.1 Appoint Two Members and One Alternate Motion by Councilor Agenda Member to the Park and Recreation Advisory Wilson, seconded by Board(PRAB),-Resolution No.05-72 Councilor Sherwood,to approve the Consent RESOLUTION NO. 05-72 — A Agenda. RESOLUTION APPOINTING MICHAEL FgEUDENT'I IAL AND TRISHA The motion was approved SWANSON AS MEMBERS ON THE PARK by a unanimous vote of AND RECREATION ADVISORY BOARD Council present. AND APPOINTING KELLY JEAN JOHNSON AS AN ALTERNATE Mayor Dirksen Yes MEMBER ON THE PARK AND Councilor Harding Yes RECREATION ADVISORY BOARD Councilor Slierwood Yes Councilor Wilson Yes 3.2 Approve the Washington County Cooperative Councilor Woodruff Yes Library Services Intergovernmental Agreement 3.3 Initiate Vacation Proceedings for an Un- Named Public Right of Way East of 7e Avenue,Approximately 680 North of Durham Road (VAC2005-00003) — Resolution No. 05- I 73 i Tigard City Council Meeting Minutes December 20,2005—Page 9 enda Item Discussion& Comments Action Items follow u RESOLUTION NO. 05-73 — A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF AN APPR03 MATELY 7,845 SQUARE FOOT PORTION OF AN UNNAMED PUBLIC RIGHT OF WAY WHICH LIES TO THE EAST OF SW 7e AVENUE APPROXIMATELY 680 FEET NORTH OF DURHAM ROAD 3.4 Local Contract Review Board:- a. oard:a. Award Contract for General Legal Counsel Services to Ramis Crew Corrigan,LLP b. Award Contact for Labor Attorney Services to Bullard Smith Jemstedt Wilson 4. Presentation of Mayor Dirksen presented to City of Tigard Risk Bronze Safety Manager Mills the League of Oregon Cities and Award City County Insurance Services Bronze Safety Award for 2004-2005 for an injury frequency rate of 3.98 with 264 full time employees. 5. PUBLIC Associate Planner Pagenstecher presented a review Motion by Councilor HEARING of the process. The annexation proposal was Woodruff seconded by (QUASI- before the City Council in October. The City Councilor Sherwood,to JUDICIAL)TO Council left the record opened until November 22. adopt proposed Ordinance CONSIDER The parties then agreed to allow for additional No. 05-19 with the ANNEXATION evidence and arguments until December 7. emergency clause. OF SUNRISE Associate Planner Pagenstecher noted additional LANE (ZCA information was sent to the City Council. Also,a The motion was approved 2005-00004) supplemental packet was prepared which included by a unanimous vote of (Continued from draft ordinances (with and without an emergency Council present. November 22, clause). Previous ordinances submitted to the City 2005) Council should not be considered. Mayor Dirksen Yes Councilor Harding Yes Associate Planner Pagenstecher noted the change Councilor Sherwood Yes to the proposal is that there is now a Section 2, Councilor Wilson Yes which refers to the fundings and the staff report. Councilor Woodruff Yes The staff report has been revised to note statements about the continuations (the process) of the City Council hearing,additional testimony received and a statement of the issues. Tigard City Council Meeting Minutes December 20,2005—Page 10 i Agenda Item Discussion& Comments Action Items follow u Associate Planner Pagenstecher advised that the findings in the staff report are consistent with the findings the City Council proposed Staff recommendation to the City Council remains the same,which is to approve the annexation. City Attorney Ramis noted that the City Council also has in its record a request from one of the moving parties that the ordinance be adopted by emergency clause. The difference between a regular ordinance and one adopted by an emergency clause is that an emergency clause ordinance will be effective immediately. If the Council would proceed under the usual course,the ordinance would not be effective for 30 days. City Attorney Rams noted there are some exigent circumstances with respect to moving the project Ahead. Mayor Dirksen noted that it was time to review the ordinance and findings and asked if all City Council members had adequate time to review the testimony and findings.He also asked if the Council agreed with the findings. The Mayor then asked if the applicant,who requested the emergency clause,come forward to explain why he feels it is necessary. Michael Robinson, 1120 NW Couch Street, Portland, OR 97209-4128 asked on behalf the applicant that the City Council consider the emergency clause to allow the application process to move more quickly. He noted that they originally believed they would be heard in September. At the request of City staff they agreed to a month's delay. An additional delay was i also accepted by the applicant. Mr.Robinson noted that the fundings state that it is in public interest to see this area annexed;therefore,if the jordinance is adopted by emergency,which is entirely at the discretion of the Council. The application process would go more quickly, the areas would become a developed part of the City more quickly,and the County services may be withdrawn,allowing the County to serve other areas with those resources. Mr.Robinson said the Tigard City Council Meeting Minutes December 20,2005—Page 11 Agenda Item Discussion& Comments Action Items follow u City Council had broad discretion in this area and asked the Council consider adopt the emergency clause language. Councilor Woodruff referred to concerns that the requested annexations were not voluntary;that the residents were making the request to annex because of some kind of threat or implied threat— that this is not something that you would do if it was totally,fully voluntary. Mt.Robinson said their application is entirely voluntary on the part of those coming into the City. He said they believed it is important to develop in the City and be part of the City for a number of reasons. There was no coercion;the City did not approach these;they came to the City voluntarily. He said his clients believe it is better to develop in the City than in the unincorporated area. A member of the audience asked if this was a public hearing. City Attorney Ramis noted the issue of whether or not to attach an emergency clause is open,now that there has been testimony. Mr.Robinson noted that the argument he just made in response to Councilor Woodruff's question was based on evidence entirely in the record. Mayor Dirksen noted that since the issue is open to testimony with regard to the emergency,he asked if anyone present would like to speak in opposition or in favor of the emergency clause being applied. Lisa Hamilton-Treick, 13565 SW Beef Bend Road, unincorporated Bull Mountain,she said the issue has come up before as to whether or not these kinds of processes are a public hearing. She said that had she been aware of an opportunity to speak on a specific topic,because in fact one has ibeen shade available, she probably would have j given that some.thought and prepared some public comment. Since she just learned that she had an Tigard City Council Meeting Minutes December 20,2005--Page 12 i i Agenda Item Discussion&Comments Action Items follow u opportunity to speak on anything having to do with this very important issue,she has not had time to prepare any comments. Mayor Dirksen asked if there was anyone else who would like to speak on the emergency clause. There was no one. Mayor Dirksen closed the oral portion of the testimony under consideration. City Council considered the ordinance at this time. With regard to the emergency clause,Councilor Sherwood said this matter has carried forward for almost 90 days and that she had no objection to the emergency clause. Councilor Woodruff asked the City Attorney about the findings and the level of confidence the City Attorney has in coming to the conclusion presented in the findings. City Attorney Ramis said that while he is hesitant to describe what the outcome of litigation might be,he feels that the findings relate directly to the criteria and bring to bear and marshal the arguments to relate to the criteria. City Attorney Ramis said he agrees with the legal counsel for the applicants that the document does an excellent job of addressing the criteria. Mayor Dirksen pointed out that after the original applicant came to the City to request annexation, two or three other property owners approached the City and asked to be included in the annexation,which increased the size of annexation. As far as he knows,these additional property owners are not contemplating development at this time,but carne forward on theix own accord and asked to be included in the annexation because their properties axe contiguous to the original property requesting annexation. Councilor Wilson said that the notion of whether annexation is coerced or not is an interesting legal issue. He noted that the City Council has considered a couple of annexations since the vote Tigard City Council Meeting Minutes December 20,2005—Page 13 Agenda Item Discussion& Comments Action Items follow u and, so far,the City has not had an applicant say that they were coerced. Until the City gets an applicant that says they were coerced,then it likely will not go any further than this. Councilor Wilson said that even if it is required as a condition for providing services,he thinks it is still an interesting question as whether the City is allowed to do that or not. He says that the City's legal counsel says it is allowed while there are arguments on the other side as well. With respect to the Intergovernmental Agreement with Washington County for providing development review services,he said the City of Tigard has no interest in performing those services simply as a contractor. Councilor Wilson said he thought it has always been planned,at least for the last 20 years,that Bull Mountain would come into Tigard- He said he knows this has been challenged and that most of the people present tonight for this issue oppose annexation. Nevertheless,the City of Tigard has an agreement with Washington County to perform development review services for the area that has been earmarked as Tigard's area of interest. Were that not to be the case,he did not think the City would be doing this—we do not perform these services for other jurisdictions. Councilor Wilson said he thinks Washington County has full understanding and is supportive of that requitement Councilor Harding noted this vote is extremely difficult. Her position has always been to stand for the people and what the desire is by the people. As she reviewed the information from the applicant's attorney and from the Friends of Bull Mountain,she has been back and forth on the issue. With regard to this issue,she thinks the problem has been in the execution and how it has been managed. Tigard is a young City, incorporating in 1961, and has not caught up as quickly as outside cities. In some research she did regarding annexation as a precursor to development,she found that this is a common practice all over the United States without problems from the constituency. However,in many instances there were inter vernmental Tigard City Council.Meeting Minutes December 20,2005—Page 14 i Agenda Item Discussion& Comments Action Items (follow up agreements with the counties. These agreements appear to serve these counties well for planning. Councilor Harding said that what troubles her,is that she does not have someone on the applicant's side saying they were coerced and that they do not feel this was fair. She said she would like to see a double majority,but the few homeowners that are in the area have asked to come in and the builder has asked to come in. She said this issue should be reviewed on a region-wide basis since the issues have been with land use—not a Tigard issue—but much broader than that Councilor Wilson said that in his view the legal requirements have been met He advised this is really a political issue: Should we annex these properties. He said that his opinion has not changed as it is in the interests of the citizens of Tigard that these properties be annexed. Some of the arguments that were presented to the City Council during the first night of the hearing on this matter dealt with parks. This is an issue that is important to people in unincorporated Bull Mountain_ If this does not come into the City, "...not one dime will go to any parks,anywhere, ever." If it does come into the City and approximately 100 homes are built,$.25 million in system development charges will be collected. In addition, funds will be collected to help maintain parks. Councilor Wilson said he does not see the logic in an argument that it is against the interests of the citizens of the City of Tigard to vote no. Councilor Woodruff said the City Council regularly hears about the Bull Mountain annexation election. He said be thinks what some people want the City Council to hear is to pay attention to the will of the people—to democracy. He said it puzzles him that people are opposed to this annexation when there are property owners saying they want to come into the City. He spoke for consistency. Councilor Woodruff said he believes the applicant because there is no evidence to contrary that the people directly affected by this decision want to be a part of the City. He does not see why the City would ny they would not j Tigard City Council Meeting Minutes December 20,2005—Page 15 Agenda Item Discussion& Comments Action Items (follow up allow the annexation because people, other than those directly affected,have said that area should not be a part of the city. He said he would be voting yes on this matter. Mayor Dirksen noted that it was brought up tonight that citizens of Bull Mountain voted no on the annexation a year ago. He pointed out that none of those people are being annexed tonight. He also noted that in that same election,two- thirds of the citizens of the City of Tigard,"...who are out constituents...," said yes to the annexation. Mayor Dirksen said,"...If we are going to listen to the will of the people,we should listen to the will of the people who elected us and who we represent. To me,that is a clear message." City Attorney Ramis confirmed with Mayor Dirksen,that the Mayor was speaking in terms of the testimony that exists in the record already. Council then considered Ordinance No. 05-19. (See Page 10,Action Items column) ORDINANCE NO. 05-19—AN ORDINANCE ANNEXING 25.61 ACRES,APPROVIlrTG SUNRISE LANE ANNEXATION (ZCA2005- 00004),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT,WASHINGTON COUNTY STREET LIGHTING DISTRICT#1, AND THE WASHINGTON•COUNTY VECTOR CONTROL DISTRICT AND DECLARING AN EMERGENCY 6. Consider Interim Finance Director hndieke presented the Motion by Councilor Budget staff report on this agenda item. Impact on the Wilson,seconded by Amendment#4— budget and the General Fund ending fund balance Councilor Sherwood,to Adding a Full- was reviewed. Council members and staff adopt the proposed Time Geographic discussed the benefits for creating this position, Resolution No. 05-74. Information including coordinating mapping for the water Tigard City Council Meeting Minutes December 20,2005—Page 16 Agenda Item Discussion& Comments Action Items (follow u Systems system,police department clime reports,and The motion was approved Coordinator sewer connections,assisting with the by a majority vote of Position Comprehensive Plan update and addressing needs Council present. in other departments. Councilor Harding noted her concerns about this addition in the middle of Mayor Dirksen Yes the fiscal year and suggested that another staff Councilor Harding No position could be reclassified to perform this Councilor Sherwood Yes work. Councilor Wilson Yes Councilor Woodruff Yes City Council considered Resolution No. 05-74. RESOLUTION NO. 05-74—A RESOLUTION APPROVING BUDGET AMENDMENT#4 TO THE FY 2005-06 BUDGET TO ADD A FULL-TIME GIS COORDINATOR POSITION AND INCREASE APPROPRIATIONS ON THE INFORMATION TECHNOLOGY BUDGET TO FUND THIS POSITION 7. Presentation of City Manager Prosser presented the report A Report for the copy of the PowerPoint presentation is on file in Indonesian the City Recorder's office. He reviewed the Resource Cities Indonesian Partnership highlights sponsored Exchange through the US Agency for International Program Development(US AID) and administered by the International City Managers Association. All costs,except for gifts and entertainment,were paid for by ICMA/US AID. Tigard officials and other professional and governmental individuals successfully assisted governments of Samarinda and Balkipapan,Indonesia in the following areas: Accounting practices, drinking water treatment, recycling programs,and citizen participation. Tigard's participation made a difference. Public Works Director Koellermeier,Library Director Barnes,Interim Finance Director Imdieke,and Risk Manager Mills spoke of the value they saw and appreciated in the program. City Manager Prosser thanked the City Council for allowing Tigard to participate. Mayor Dirksen shared some of his experiences on the final trip to Indonesia and noted the lasting Tigard City Council Meeting Minutes December 20,2005—Page 17 Agenda Item Discussion& Comments Action Items (follow u effects this program will have for Tigard and the Indonesian communities. Council meeting recessed at 9:03 p.m. Council reconvened into a workshop meeting at 9:13 p.m. 8.Joint Meeting Intergovernmental Water Board (1WB)members Staff will research with the present: regulations by Washington Intergovernmental County with regard to the Water Board Bev Froude County's Comprehensive Bill Scheiderich Plan as it applies to areas Dick Winn developing to an urban density (Park and A copy of the PowerPoint discussion used during Recreation District the following discussion is on file in the City annexation). Recorder's office. Public Works Director Koellenneier reviewed the question of whether the Intergovernmental Water Board has the authority to impose a moratorium on providing new connections outside of the The City Council and IWB member's city limits. And,can we require new will meet again in April so service to be provided only by a city member? Mr. they can start making Koellermeier said the City's legal counsel advised decisions on long term the answer to the above questions is"probably water supply. no." The Tigard Water District,as a member of the IWB,has a responsibility to provide service. There is a clear provision in the Intergovernmental Agreement forming the IWB that defines how assets are allocated among the partners. The assets used to deliver water service to the fringes of the city limits are owned and operated by the City of Tigard. This is in line with the City's Comprehensive Plan position that says annexation conditions can be placed on a subdivision if utilities are extended to take care of them. The City Attorney's staff recommended that it might be appropriate to go into the original intergovernmental agreement and bolster some of these issues. Mayor Dirksen noted there were a couple of issues. He said one of the issues had to do with Tigard City Council Meeting Minutes December 20,2005—Page 18 Agenda Item Discussion.&Comments Action Items (follow u finding an opportunity to create a moratonurn on development in unincorporated areas fox whatever reason: whether it be waiting until issues of governance are resolved or if a majority of the board members think that development should only take place inside the City limits;that it could be a requirement of development to provide water services inside the City fust This was a question that arose, so the Council asked staff to answer as to whether or not the current agreements would allow any of those scenarios. Councilor Wilson said he was not familiar with the boundaries of the Tigard Water District Public Works Director Koellermeier said he believed that Areas 63 and 64 were not part of the Tigard Water District Councilor Wilson asked if that if a developer were to request annexation to the Tigard Water District,what would the position of the Board be with respect to annexation and/or its relationship to the provision of other types of municipal services. Public Works Director Koellexmeier said additional research is needed on the agreement There is some specific language in the Intergovernmental Agreement that deals with annexations. City Attorney Ramis said the main point that has been made in this process is that if there are new regulatory issues or uses that need to be addressed, the agreements should be reviewed and language developed that supports what we want to do. Mayor Dirksen said lie was interested in learning what the existing agreement provides. Mr. Scheirderich said that he does not represent the Tigard Water District,but said it sounds as if Councilor Wilson is asking about the prospect of these areas annexing to the Water District and thereby staying exempt from or out of the boundaries of the City of Tigard. This is "sort of forcing the issue"of water supply for fact that the City of Tigard is taking over the securing the source and distributing that source for the District boundaries. Mr. Scheiderich referred to ORS 198 and his recollection whereby the County I Tigard City Council Meeting Minutes December 20,2005—Page 19 Agenda Item. Discussion&Comments Action Items follow u Commission approves annexation for District boundaries. He discussed how annexation might be forced or annexation might be avoided with current statutes provisions. Mayor Dirksen noted that in the case of Areas 63 and 64,with the boundaries as they are,there would be no opportunity for those areas to annex into the City. If the areas were going to be developed and have Tigard Water District service, there would have to be some process whereby they can be brought into the District The City needs to determine how,or if,this could be done. Mr.Scheiderich noted it would be interesting to find out what the County would require. Councilor Wilson said the District could have a policy for a future annexation non-remonstrance agreement be required in order to annex to the District Mr. Scheiderich noted that cities,under state law,have no authority to force annexations to other service providers. However,he noted i that Washington County's Comprehensive Plan now says a property shall not be developed to urban standards of density unless it can be shown the property is a part of the Tualatin Valley Park& Recreation District or you are capable of providing your own services of equivalent quality to the Park District Mayor Dirksen asked how areas on Bull Mountain wanting to develop (which were not within the Recreation District and could not be connected to Tigard)would provide park services. iHe requested staff to check on this Washington County policy. Mr. Scheiderich noted a provision in Senate Bill 887: "One may not require consent to annexation, as a local government,as a condition of extending urban service to that area to be annexed." He noted this provision is oddly written and appears to have been added in haste without being£ally thought out. He said it certainly cannot require that Tigard extend water service outside its boundaries;it would seem to be an impasse as to how this area would be able to get water. City Attorney Ramis agreed that"everyone is trying to Tigard City Council Meeting Minutes December 20,2005—Page 20 i Agenda Item Discussion& Comments Action Items follow u Figure out what this means and how it applies—I don't think there's an answer yet." Mr.Winn noted that King City is a customer of Tigard. He said that if you are in the water business,you should sell water. Do not use this as a"hammer." Councilor Wilson responded to Mr.Winn by saying that King City could potentially have the same problem as the City of Tigard with areas outside the city limits developing and using services such as parks and police. Mr.Winn said King City has similar issues,but a different approach. Fox police protection,with Tigard and others,they cover areas outside the City. If someone wants into their City,then there is a vote to determine yes or no on the annexation. The next issue reviewed was locating parks on surplus property. Two sites have been identified in Tigard's Park and Recreation Board selection process: 1. Canterbury property(approximately 1-1/2 acres and is in City limits) 2. Clute property (approximately 40-plus acres when combined with other City parcels, including the Menlor parcel;this property is outside the City limits,but owned by the City of Tigard) Negotiations are taking place for additional property adjacent to this location for an additional reservoir. Public Wotks Director Koelletmeier reviewed the recommended steps to pursue use of the above properties for parks. Meeting participants discussed the properties.and the potential for use as parks. Ms. Froude noted if a park is sited at the Clute property,it should be an active park. The next topic reviewed was"Selecting a Long- i Term Water Supply." The group reviewed the decision-making process and the water source collection criteria used previously. It appears the City of Portland is not in a"mode"to enter into i Tigard City Council Meeting Minutes j December 20,2005—Page 21 Agenda Item Discussion& Comments Action Items follow up contracts that are attractive to wholesale purchasers. Portland Commissioner Leonard accepts that the wholesalers might go to other water sources. Public Works Director Koellermeier suggested that the IWB develop criteria once City of Portland financial data is released in March. The City Council and IWB will meet again in April so they can start malting decisions on long term water supply. There was discussion on issues between Portland and the Environmental Protection Agency regarding new regulations for ciyptosporidium. Consensus of Council was that if this issue is litigated,monies paid to Portland from Tigard for water should not be used to help fund the legal costs. Other water sources were reviewed. It would take 2 to 2-1/2 years to complete steps necessary to j complete negotiations with Lake Oswego. Item 11 was City Council reviewed some final logo drawings Another review of the discussed at this prepared by Consultant Glen Marcusen. From proposed logo will occur at time: Discuss those drawings a final design was selected. the special Council meeting Branding/Graphic on January 6,2006,at 3 p.m- Identity Design 9.Discussion and Mayor Dirksen referred to issues regarding project Update of the selection by the Washington County Coordinating Washington Committee that had been brought to the attention County of City Council by Councilor Harding at a Coordinating previous City Council meeting. A sheet had been Committee: selected as a candidate for funding in Hillsboto Transportation (near Inter),which is not a major thoroughfare and Funding,Projects there was concern about making this sheet a and Process priority for funding over some other streets. Councilor Wilson commented on Westside Economic Alliance's regional review of infrastiacture and the shortfall in funding for projects.There are a number of businesses which are experiencing added costs because of congestion. This translates to lower Tigard City Council Meeting Minutes December 20,2005—Page 22 I i Agenda Item Discussion& Comments Action Items follow u competitiveness. Distribution facilities are locating in other cities outside the region because it is too expensive. This might be one of the . things being argued by businesses such as Intel. If this is the case,then care should be taken to be I cognizant of the arguments and able to counter these. Councilor Harding noted there was no statement from Intel in the documentation for the WCCC project. She reviewed information on the project including design and costs. City Engineer Duenas reviewed the Major Transportation Improvement Projects process. He also reviewed information regarding the Joint Policy Advisory Committee on Transportation GPACT). On file in the City Recorder's office is information regarding project recommendations and process from the Joint Policy Advisory Committee on Transportation,which is focusing on a way to get funding for projects in this region. In order to receive Federal funding projects must be ready to go. In the Metro process,the focus is on regional and town centers. Council discussion followed on projects that are regionally viable and where the process is now in the current funding cycle for transportation dollars. Hillsboro offered a project at a time I when the City of Tigard was not aware of the opportunity to suggest projects. JPACT wants to limit each jurisdiction to two projects on the list of projects that ate presented in the annual trip to Washington DC. City Engineer Duenas,in response to a concern expressed by the Mayor,noted that"ready to go projects"means projects for which you are ready j to accept the funding and you have a good idea of what all the costs are going to be(engineering, right-of-way acquisition). Councilor Hat&uig noted that WCCC has made its decision with regard to the project that it is recommending;however WCCC is not the ultimate decision maker. She said another project I Tigard City Council Meeting Minutes I December 20, 2005--Page 23 Agenda Item Discussion& Comments Action Items follow u does not necessarily have to be a Tigard project. She said she would like to determine if there are other projects in the region that would make more sense than the project selected by WCCC which basically serves one neighborhood. There was discussion about whether there was still an opportunity to suggest projects to JPACT. Also discussed was whether to raise the concern about the process and that the City of Tigard did not have an opportunity to identify a project. City Engineer Duenas suggested that it is most effective if an elected official testifies before JPACT. Mayor Drake is the representative to JPACT. Councilor Sherwood noted the County has told Tigard officials that because of the large amount of dollars being spent on commuter rail,that Tigard projects would be a lower priority for the next couple of years. City Manager Prosser suggested that City Engineer Duenas find out how the project supported by WCCC came about and confirm whether there was a solicitation for projects. Once this information is known,then the Mayor and another City Council member should have a conversation with Mayor Drake and Commissioner Rogers about Tiga.r&s concerns. If it then appears to be a good idea,a member of City Council might want to go to the January JPACT meeting to express Tigard's concerns. Mayor Dirksen and Councilor Harding will contact Mayor Drake to relate Tigat&s concern with the process. Councilor Harding noted there is a reinaining issue with regard to the WCCC. She noted the County wants to conduct a survey on County funding mechanism. The City Council did not support sharing in the cost for the survey. Councilor Harding noted options under Tigard City Council Meeting Minutes December 20,2005 —Page 24 i Agenda Item Discussion& Comments Action Items follow u consideration as a result of the Highway 217 Corridor Study. 10, Discuss Councilor Harding said in the near future,the City Tualatin Basin Council should consider an ordinance outlining Natural Resources how Tigard is implementing the directives for the Coordinating Tualatin Basin. Committee Adjournment The meeting adjourned at 10:49 p.m. Motion by Councilor Woodruff, seconded by Councilor Harding,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 I Catherine Wheatley,City Recorder Attest t Mayor, tity fof Tigard Date: f L-4- ' I I Tigard City Council Meeting Minutes December 20,2005—Page 25 f CITY OF TIGARD, OREGON RESOLUTION NO. 05-7-5 A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF AN APPROXIMATELY 7,845 SQUARE FOOT PORTION OF AN UNNAMED PUBLIC RIGHT OF WAY WHICH LIES TO THE EAST OF SW 74TH AVENUE APPROXIMATELY 680 FEET NORTH OF DURHAM ROAD WHEREAS, the applicant has requested the City of Tigard initiate Vacation proceedings to vacate an aproximately 7,845 square foot portion of right-of-way which had previously been dedicated to the public; and WHEREAS,the Tigard City Council funds 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 an approximately 7,845 square foot portion of public right-of-way and more particularly described and shown ul Exhibits "A-1 and A-2" and 'B-1 and B-2 " 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–D?oorn bti 2005. c Mayor- ity of Tigard ATTEST: r' City Recorder-City of Tigard RESOLUTION NO.05 - Page 1 r �x c 0� ROAD VA CA P ON SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, o TOWNSHIP 2 SOUTH, RANGE 1 WEST, W M. z CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 � 1 1 � 1 3 4 1 1 - N O TL 1300 / Q � / co ! ROAD FAN N TR AC n E VA CA 710N C R � AREA A 3849 SF TL 1200 TL 1100 ' AKERMAN / WA THEY DOC. N0. 92031816 / L 0 T 6 DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 EwB rr 2407 NE 292nd Avenue f-� Camas, WA 98607 360.834.2519 i fax.834.5498 c.halcumb@verizon.net DEVELOPMENT PROVIDING SURVEYING AND PLANNING SERVICES SMITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 'A of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying North of the Westerly Extension of the South line of said Lot 35, and lying South of the Westerly extension of the North line of that Tract of Land described in deed to Richard D. Akerman and James E. Wathey, recorded in Document Number 92031816, Washington County Deed Records, Containing 3,849 Square Feet. ROAD VACA TION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, o TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. z CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON a••=so' OCTOBER 25TH, 2005 I 1 ! 1 N !" O ROAD l ! O VACATION TL 1300 ( ct "%i AREA LARUSSO CONCRETE COMPANY, INC. 3996 SF DOC. NO. 2000032753 W � ,FAN � TRAC d A C R O /( 40' / (/ (( TL 1200 TL 1100 v O T 3 6 DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 EX 14 R $1T B 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 fax.834.5498 c.halcumb@verizon.net DEVELOPMENT PROVIDING SURVEYING ANIJI PLANNING SERVICES WITH A PERSONAL COMMITMENT To EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying South of the Westerly Extension of the North line of said Lot 35, and lying North.of the Westerly extension of the South line of that Tract -of Land described in deed to Larusso Concrete Company, Inc., recorded in Document Number 2000032753, Washington County Deed Records. Containing 3,996 Square Feet. T1RD C1T COUNCIL i r 13ECEMBER'20, 20�1� „ 6�3�1fpsm ' CITY OF TIGARD Y ,„� OREGON T GAIM"it 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 — DECEMBER 20, 2005 page 1 AGENDA TIGARD CITY COUNCIL MEETING DECEMBER 20, 2005 6:30 PM • STUDY SESSION > UPDATE ON POTENTIAL FINANCIAL-RELATED BALLOT MEASURES FROM OTHER JURISDICTIONS ■ Finance Staff > CONTINUE DISCUSSION ON POLICE DEPARTMENT ACCREDITATION ■ Police Staff • 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 a Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard Area Chamber of Commerce Representative • Follow-up to Previous Citizen Communication COUNCIL AGENDA — DECEMBER 20, 2005 page 2 7:40 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 Appoint Two Members and One Alternate Member to the Park and Recreation Advisory Board (PRAB) - Resolution No. 05- 3.2 Approve the Washington County Cooperative Library Services Intergovernmental Agreement 3.3 Initiate Vacation Proceedings for an Un-Named Public Right of Way East of 741 Avenue, Approximately 680 North of Durham Road (VAC2005- 00003) — Resolution No. 05- 3.4 Local Contract Review Board: a. Award Contract for General Legal Counsel Services to Ramis Crew Corrigan, LLP b. Award Contact for Labor Attorney Services to Bullard Smith Jernstedt Wilson • 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. 7:45 PM 4. PRESENTATION OF BRONZE SAFETY AWARD TO RISK MANAGER MILLS ■ Mayor Dirksen 8:00 PM S. PUBLIC HEARING (QUASI-]U DICIAL) TO CONSIDER ANNEXATION OF SUNRISE LANE (ZCA 2005-00004) (Continued from November 22, 2005) REVISED REQUEST: The applicant is requesting annexation of nine (9) parcels containing 19.95 acres into the City of Tigard. An additional 5.66 acres has been included by means of consents by Patricia Marshall, Richard and Michelle Crombie, and Jennifer and Leighton Walsh. Therefore, this annexation is for twelve (12) parcels totaling 25.61 acres. COUNCIL AGENDA — DECEMBER 20, 2005 page 3 LOCATION: North of Bull Mountain Road at 150`' and Sunrise Lane; WCTM 2S105DD Tax Lots 400, 500, 600, 700, 1000, 1100, 1300, 1400, 1500, 1600, 1700 and 1800. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are set out in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. a. Public Hearing continued from November 22, 2005 b. Staff Report: Community Development Staff C. Staff Recommendation d. Council Discussion e. Close Public Hearing f. Council Consideration: Ordinance No. 05 - 8:15 PM 6. CONSIDERATION OF GEOGRAPHIC INFORMATION SYSTEMS (GIS) COORDINATOR BUDGET AMENDMENT #4 TO ADD A FULL-TIME GIS COORDINATOR POSITION a. Staff Report: Administration and Finance Staff b. Council Discussion C. Council Consideration: Resolution No. 05- 8:30 PM 7. PRESENTATION OF REPORT FOR THE INDONESIAN RESOURCE CITIES EXCHANGE PROGRAM a. Staff Report: Administration Staff b. Council Discussion COUNCIL AGENDA — DECEMBER 20, 2005 page 4 RECESS COUNCIL BUSINESS MEETING CONVENE COUNCIL WORKSHOP MEETING 9:00 PM 8. JOINT MEETING WITH THE INTERGOVERNMENTAL WATER BOARD • Staff Report: Public Works Staff Discussion Topics: a. Regulating Water Services Outside City Limits b. Locating Park Improvements on Surplus Property C. Selecting a Long-Term Water Supply 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. 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. 10:00 PM 12. ADJOURNMENT r\adm\-thy1—\2005\051220 dM COUNCIL AGENDA — DECEMBER 20, 2005 page 5 AG-_ ,DA ITEM# 3 FOR AGENDA OF December 20,2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiate vacation proceedings for an un-named public right-of-way east of 74`x' Avenue approximately 680 feet north of Durham Road; Public right-of-way Vacation(VAC2005-00003). PREPARED BY: James Richardson DEPT HEAD OK /?A I-S CITY MGR OK "� v f ISSUE BEFORE THE COUNCIL Should the City Council initiate vacation Rroceedings for an approximately 7,845 square foot portion of un-named public right-of-way lying east of SW 74 Avenue and adjoining tax lots 2S112DC-01200 and 2S112DC-01300 which are owned by the petitioners and which are legally and graphically described within attachments "A-1 and A-2"and`B-I and B-2". 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 SUMMARY The applicants requested consideration of this Vacation on November 15,2005 (Attachment 1,Vacation request)to consider the cited vacation petition. The next step in the process is for the City Council to hold a public hearing on February 28, 2006. The applicants are requesting the vacation of an approximate 7,845 square foot portion of an un-used portion of public road right-of-way located east of 74th Avenue approximately 680 feet north of Durham Road. The adjacent Vacation to the south was approved in 1998 and is attached for reference. OTHER ALTERNATIVES CONSIDERED No action. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment 1 -Vacation request. Attachment 2—Vicinity Map. Attachment 3 -Ordinance 98-01 and associated map from the adjacent vacation to the south. Attachment 4-Proposed Resolution setting the date for public hearing(exhibits A-1,A-2,B-1 and B-2). FISCAL NOTES There are no direct fiscal impacts as a result of this request, as all fees have been paid by the applicant. ttachment 1 November 15, 2005 LD:C - Design Group a Parari company Dick Bewersdorff, Planning Manager City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Right-of-way vacation Dear Mr. Bewersdorff: On behalf of Mr. Akerman, Mr. Wathey and Mr. LaRusso, I am requesting that the City initiate the vacation a 30-foot wide strip of right-of-way along the east side of SW 74th Street, east of the Spokane Portand & Seattle (SP&S) railroad tracks, also known as the Oregon Electric Railway. This area was dedicated to the public in 1911 with the platting of"Fanno. Creek Acre Tracks". The right-of-way is not currently used for any public purpose, and it is unlikely that there would be any public interest in the property in the future. It is apparently part of the SW 74th Street right-of-way, but it is unusable for street purposes because of the railroad tracks. Moreover, the area is landlocked. The only public access to it eliminated when the City vacated the SW Fanno Creek Place right-of-way in 1998. The City Council initiated a related right-of-way vacation eight years ago, on November 25, 1997, adjacent to tax lots 300, 500 and 700, 2S 113AB. The Council initiated that vacation via Resolution No. 97-48, adopted on November 25, 1997, and vacated the right-of-way via Ordinance No. 98-01, adopted on January 27th, 1998. That vacation included the SW Fanno Creek Place right-of-way, as well as the 30-foot wide right-of-way adjacent to tax lot 300 and the railroad tracks. I am enclosing documents related to that previous vacation request. This vacation request is for the next portion of the right-of-way to the north, adjacent to tax lots 1200 and 1300, 2S 1 12DC. We are making two separate requests, one for the right-of-way adjacent to tax lot 1200, owned by Akerman/Wathey, and another for the right-of-way adjacent to tax lot 1300, owned by LaRusso Concrete Company. This request is being made in conjunction with the zone change application from I-L to I-P submitted on November 1, 2005. The zoning map change, if approved, would therefore need to take this right-of-way vacation into consideration to make sure that there will not be a left-over strip of land zoned I-L. The vacation of the right-of-way will increase the area of tax lots 1200 and 1300 by llOs 5 N OR asb�me Drive Hi 3849 square feet and 3996 square feet, respectively. Including these small areas in the p llsb ro,OR Z developable area of tax lots 1200 and 1300 will make a significant difference in the site F 503.645.5500 planning for these parcels. It will also bring this square footage back on the property E hillsboro@ldcdesign.com tax rolls, and clarify who is responsible for maintenance. www.ldcdesign.com Hillsboro,OR Tillamook,OR Vancouver,wn Bellevue,Ova Coeur d'Alene,ID Rocklin,CA Clermont,FL Based on utility maps received from the City staff, there are no existing or planned LD:C - public or private water, sewer or storm water utilities within the areas to be vacated. If Design Group upon further investigation it turns out that there are existing utilities within this area, aParod company the City Council may require the property owners to establish a public and private utility easement within the area to be vacated, as it did with the 1998 vacation. (In that case,however, there was an existing 8"public water main in SW Fanno Creek Place.) With this application, I am submitting: ♦ A check in the amount of$2080,which is a deposit for the application fee; ♦ One copy of a title report showing ownership; ♦ Documents related to the 1998 vacation; ♦ Legal descriptions of each area to be vacated; ♦ Maps showing each area to be vacated; ♦ An aerial photograph of the site; ♦ Tax Assessor's maps showing the site. I trust that you and the engineering staff will agree that there is no public interest now and none anticipated in the future for this right-of-way, and that it would be appropriate to initiate proceedings for the requested vacation. Would you please schedule this request before the City Council at the earliest opportunity? If you need anything else in order to place this request before the Council (such as a draft Resolution),please let me know. Sincere' , Ed Murphy, Al P cc. Richard Akerman LaRusso Concrete Company,Inc. Kevin VandenBrink—Macadam Forbes, Inc. Cindy Halcumb, PLS, KC Development 0891.001/docs/plan/vacation/vacregletter/I 1/15/05 2 CITY of - . OGEOGRAPHIC INFORMATION SYSTEM J VICINITY MAP Attachment 2 U a Current Vacation request (VAC2005-00003) V O�0 RS FERR 0 0 FERRO R Y. �a Bllll Q --A D BeF B- ENp RD R R TigardArea M►a�p N Prior Vacation (Ordinance #98-01) 0 200 400 600 Feet 1"-400 feet City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 , http:/fwww.Ci.tIgard or.us Attachment 3 RETURN RECORDED DOCUMUNT TO: CITY RECORDS SHMION, CITY OF TIGARD,OREGON Crl'Y OF 110ARD ' { 13125 SW Hall Blvd. Tlgard,OR 97223 ORDINANCE NO.98-CI 1 AN ORDINANCE CONCERNING THE VACATION OF!1)APPROXIMATELY 16,174 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KINOWN AS SW FANNO CREEK PLACE; AND 2) APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE WESTERLY LINE OF LOT 36 OF"FANNO CREEK ACRE TRACTS". WHEREAS,the Tigard City Council initiated this vacation(Resolution No. 97-48) request pursuant to Section 15.08.040 of the Tigard Municipal Code at a public hearing held on November 25,1997;and WHEREAS,the right-of-way was previously dedicated to the public;and WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of"Funny Creek Acre Tracts"in 1911;and WHEREAS,SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo Studd's and Northwest Landscape Industries;and WHEREAS,the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of"Famo Creek Acre Tracts"is also undeveloped and not used in any way,and WHEREAS,the petitioner is requesting that the City of Tigard vacate an approximately 16,174 square foot portion of SW Fanno Creek Place;and WHEREAS,the petitioner is requesting that the City of Tigard vacate an approximately 4,914 square foot portion of an unnamed roadway 4acent to lot 36 of"Fanno Creek Acre Ttncts";and, WHEREAS,the public right-of-way may no longer bo necessary;and WHEREAS,the vacation was initiated by the City Council and approval has been recommended by the Community Development Department;and WHEREAS,all affected service providers,including utility companies and emergency service providers, have had the opportunity to review the vacation proposal and have no objections;and WHEREAS,PGE states that they will need easements for any facilities presently in this right-of-way to be vacated;and WHEREAS, GTE Telephone Operations has existing facilities that provide service to 13930 SW 74th Avenue that will require the granting of a utility easement and WHEREAS,Unified Sewerage Agency states that there is an existing 8 inch sanitary sewer line within the proposed vacation area which will require the granting of a public utility easement;and ORDW.NceNO.9a- FW t of3 WHEREAS,the 30-foot right-of-way is part of a.65 mile(3,460 lineal foot) length right-of-way that is contiguous to 10 parcels,;and WHEREAS,the 30-foot right-of-way extends for an additional.62 miles(3,290 lineal feet)beyond the area to be vacated and is contiguous to 9 parcels;and WHEREAS,in 1979 a street vacation had been approved(Ordinance No.79.63)for an approximately.14 mile(770 lineal foot)segment of this:J-foot right-of-way; nd WHEREAS, that street vacation (Ordinance No.79.63) was later overturned (Ordinance No.79-115) because of notification and access issues;and WHEREAS,the access issues associated with that 1979 vacation are no longer applicable;and WHEREAS,all of those parcels have had approved Site Development Reviews,and WHEREAS,access standards were satisfied for all of the approved Site Development Review approvais (SDR 88-08)(SDR 88-09),(SDR 90-0009),(SDR 90-0010)without use of the right-of-way;and WHEREAS,Pacific Realty Associates received site development review approval(SDR 88-08)that stated that the need for the right-of-way to be used for access appears to be highly unlikely,It is not maintained,It is a potential eyesore and it would be in the City's interest to have this area maintained in conjunction with the proposed development;and WHEREAS,Pacific Realty Associates received site development review approval(SDR 88-09)that stated that a variance was granted to allow less than the minimum Iandscape percentage if an arrangement can be made to use the vacant right-of-way such that the total land area would provide for the minimwn landscape requirement;and WHEREAS,the City entered into an agreement with Pacific Realty Associates to lease the right-of-way to allow landscaping and other uses within a.2 mile(1,100 lineal foot) length of the right-of-way that is contiguous to 2 parcels;and WHEREAS,notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as required by ORS 271.080;and WHEREAS,in accordance with TIgard Municipal Code 15.08.120,the City Recorder posted notice in the area to be vacated and published notice of the public hearing;and WHEREAS,the property owners of the majority of the area affected have not objected in writing;and WHEREAS, the City Council having considered the request on January 27, 1998, 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 be ORS 271.120 and TRIC Section 15.08.130;and ORDINANCE N0.94 Po`e 2 of3 � i b wwWA"v�c5wk2 ord WHEREAS,the Council finds that the following condition is necessary to vacate said land: I, A public and private utility easement shall be provided within the area to be vacated. NOW,THEREFOREO THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of: 1)approximately 16.174 square feet of public right-of-way commonly known as SW Fmmo Creek Place; and 2) approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of"Fanno Creek Acre Tracts", as more particularly described in Exhibit "B" and Exhibit"C". SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: I. A public and private utility easement shall be provided within the area to be vacated, SECTION& This ordinance shall be effective 30 days after its passage by the Council,approval by the Mayor,and posting by the City Recorder. PASSED: By U/7,01',,0 rgt S vote of all Council m mbers present after being read by number and title only,this_ :,7 7 t'10 day of--•� 1998. Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this=Ljay of A!/,4► tti 1998. -• ! icoli.Mayor Ap roved as to for Certifled to be 114 Attorney Original an.fils Date Cl-ty RZaor er-City rd Date: �.�._ ORDINANCE N0.93. P46J013 IiokYWWoA(dV"ft Ard STATE OF ORMON County of Wsshin t n W 1,Jorry anviAO14M of Assess- ment an d rfirfliilt �Y� Mts o'rCountyClerk forellethewithryln oevvd and re ow f veld OOun SFJ R�Nw�o�rkTllreotor of 8, H��eq axetton,Ex- lark Doc 99049066 Recti 230198 131.00 04/21/1999 M 25:56pm 1 tz EXHIBIT A moo 1100 1800 :o• .J4.4e. ..ai.sw l q r � Baa -- �- 36 •° I Area To Be / c Vacated �. 4Ca' t .42.42 7CQ 3.Ds.ze Iii ::oa 37 .,4a< � + �yl4p���o too • QO g*� i SITE PLAN CASE Nth. EXHIBIT MAP 5 CITY OF TIGARD, OREGON RESOLUTION NO. 05- A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF AN APPROXIMATELY 7,845 SQUARE FOOT PORTION OF AN UNNAMED PUBLIC RIGHT OF WAY WHICH LIES TO THE EAST OF SW 74' AVENUE APPROXIMATELY 680 FEET NORTH OF DURHAM ROAD WHEREAS, the applicant has requested the City of Tigard initiate Vacation proceedings to vacate an aproximately 7,845 square foot portion of right-of-way which had previously been dedicated to the public; and 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 an approximately 7,845 square foot portion of public right-of-way and more particularly described and shown in Exhibits "A-1 and A-2" and "B-1 and B-2 " 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 2005. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 05 - Page 1 C-x i ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, o TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. Z CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 � t i t I 3 4 t t t t N O C) O l V l TL 1300 � a ^� l � ROAD FANN TRAC VACATION A C R E AREA 3849 SF TL 1200 TL 1100 AKERMAN / WATHEY DOC_ NO. 92031816 / 3 L 0-T 6 s DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 2407 NE 292nd Avenue n Camas, WA 98607 360.834.2519 fax.834.5498 !,r DEVELOPMENT c.halcumb@verizon.net VI PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying North of the Westerly Extension of the South line of said Lot 35, and lying South of the Westerly extension of the North line of that Tract of Land described in deed to Richard D. Akerman and James E. Wathey, recorded in Document Number 92031816, Washington County Deed Records. Containing 3,849 Square Feet. E>l ME ROAD VA CA TION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON t'=60' OCTOBER 25TH, 2005 I I I I T 3 4 I I r r N O r ROAD 1 O %%;; ; VACAT70N TL 1300 jAREA LARU SSO CONCRETE 3996 SF COMPANY, INC. j DOC. 1\10. 2000032753 / � Q / (o a FANN TRAC A C R E � O co Q O /l 40" l TL 1200 TL 1100 v J 3o' Q 0 T 3 6 DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 f 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 fax.834.5498 DEVELOPMENT c.halcumb@verizon.net V PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying South of the Westerly Extension of the North line of said Lot 35, and lying North of the Westerly extension of the South line of that Tract of Land described in deed to Larusso Concrete Company, Inc., recorded in Document Number 2000032753, Washington County Deed Records. Containing 3,996 Square Feet. James Richardson - Re: Planning Calendar Page 1 From: Cathy Wheatley To: James Richardson Date: 12/13/2005 9:35:15 AM Subject: Re: Planning Calendar Looks good. I know this is for the business meeting (that box should have been checked, but ok since it's obvious!) Thanks for submitting. I'll plan to offer a short training on the Council packet process very soon, which I hope will help our newer employees. If ever you have a question, please give me a call. Cathy Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathy@tigard-or.gov >>> James Richardson 12/13 8:19 AM >>> Is this what you need? -James >>> Cathy Wheatley 12/12 1:01 PM >>> Thanks Patty for the Planning Calendar you e-mailed me. I noticed the vacation hearing item scheduled for February 21. This was changed to February 28 since the 21 st is a workshop meeting. James, would you please send me a Request to Schedule for the hearing on the 28th. I'll go ahead and place this hearing on the tentative agenda since I know it's coming. The Request to Schedule is helpful for me since then I know how you want the title to read, how much time you expect the item to take, etc. If you have any questions, please be sure to give me a call (x2410) or e-mail me. Thanks for your help. Cathy Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathv(aD-tigard-or.qov Request _-) Schedule a Council A6 nda Item - File zaith Cathy Wheatley or email to #Agenda - Meeting Date 2-21-06 Packet Material Due 2-7-06 at 5 p.m. (calendar is on the back of this page) Agenda Topic (state as you want the title to appear on the agenda) Un-named right-of-way east of 74th Avenue and east of the S P& S Railroad right-of-way and approximately 680 feet north of Durham Road (VAC2005-00003). 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 ❑x Business -Study Meeting ❑ PowerPoint presentation ❑ Special ❑ Public Hearing ❑x Special - Executive Session ❑ Public Hearing- Informational ❑ Workshop ❑ Public Hearing - Legislative ❑ Public Hearing- Quasi-Judicial ❑x Receive and File ❑ Resolution ❑ Estimated time needed at meeting (not required for consent agenda) 5 minutes Staff contact person: 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 2-7-06 and 2-14-06 Other information/instructions N/A � Remember to submit an Agenda Item Summary with your packet materials. WEQUEST FOR COMMENTS CITY OFTIGARD Community Development Shaping A Better Community DATE: December 29,2005 TO: Barbara Shields,Long Range Planning Manager FROM: City of Tigard Planning Division STAFF CONTACT: Dick Bewersdorif, Planning Manager[x24321 Phone:150316394171/Fax:[5031684-7297 BE: VACATION (VAC) 2005-00003 ➢ UN-NAMED PORTION OF PUBLIC RIGHT-OF-WAY EAST OF SW 74T" AVENUE Q NOTICE OF INTENT TO VACATE: The applicants, Larusso Concrete Company, Inc. and Richard Akerman & James Wathey, are requesting that the City vacate an approximately 7,845 square foot portion of an un- named public right-of-way. LOCATION: East of SW 74th Avenue and the Oregon Electric Railway (SP & S R/R) right-of-way approximately 680 feet north of SW Durham Road. DATE REQUEST WAS FILED: November 15, 2005 Attached are the Site Plan, Vicinity Map, and Applicant's Statement and Resolution initiating the vacation 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: JANUARY 28: 2018. 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 Person Commenting: REQUEST FOR COMMENTS CITY OFTIGARD Community Development SFiaping A Better Community DATE: December 29,2005 7 TO: Randy Dice,Comcast Cable Corp. �� a RECEIVED PLANNING FROM: City of Tigard Planning Division JAN 13 2006 STAFF CONTACT: Dick Rewersdorff, Planning Manager[x24321 Phone:(50316394171/Fax:[5031684-7297 CITY OF TIGARD RE: VACATION (VAC) 2005-00003 ➢ UN-NAMED PORTION OF PUBLIC RIGHT-OF-WAY EAST OF SW 74Th AVENUE Q NOTICE OF INTENT TO VACATE: The applicants, Larusso Concrete Company, Inc. and Richard Akerman & James Wathey, are requesting that the City vacate an approximately 7,845 square foot portion of an un- named public right-of-way. LOCATION: East of SW 74th Avenue and the Oregon Electric Railway (SP & S R/R) right-of-way approximately 680 feet north of SW Durham Road. DATE REQUEST WAS FILED: November 15, 2005 Attached are the Site Plan, Vicinity Map, and Applicant's Statement and Resolution initiating the vacation 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,COMMEWS JANUARY 28* 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 .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: David L.Boynton Planning and Design Supervisor Oregon/S.W.Washington Market Comcast. Comcast Cable 9605 SW Nimbus Avenue Beaverton,OR 97008 Tel:503.605.6152 Fax:503.605.6233 Nextel:503.793.9096 Direct Connect:112*2*400 david—boynton@cable.comcast.com Name& Phone Number of Person Commenting: �l�Ce sWpv�Cn �11h�� V"-�t�"�' t�'h )v'4�/`l`L`a•u-'1 WASH CO LAND DEV. Fax:503-846-2908 Jan 12 2006 1102 P.01 REQUEST FOR COMMENTS or"OFnano Community mevalopment ,FhapingA Better Community DATE: Dtcetiit—N 2-9 Z��S 70: Steve eomlrae.Washinnton Connty Doearlment of land Dee A Tral=eRadoo FROM: city of TI10rd Plinnim�D�i�aisioal STAFF CONTACT: D1Ck D0IM111eMl. Planning Manager(XMZ1 Phone:199316394171/Fax:15831684.7297 RE: VACATION (VAC) 2005-00003 ➢ UN-NAMED PORTION OF PUBLIC RIGHT-OF-WAY EAST OF SW 74T" AVENUE Q NOTICE OF INTENT TO VACATE: The applicants, Larusso Concrete Company, Inc. and Richard Akerman & James Wathey, are requesting that the City vacate an approximately 7,845 square foot portion of an un- named public right-of-way. LOCATION: East of SW 74" Avenue and the Oregon Electric Railway (SP & S R/R) right-of-way approximately 680 feet north of SW Durham Road. DATE REQUEST WAS FILED: November 15, 2005 Attached are the Site Plan, Vicinity Map, and Applicant's Statement and Resolution initiating the vacation 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 ro Deal in the near future. If you wish to comment on this application, 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 57223 or by email to dick@tiaard-or.aov. y..,..,.: ._ : : % �,j��� ?�.if '•icc:,;iJr,;.;ri:�ic`.ii;;:-;;Fr,;:i;�ui S, 4 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 Person—Oo—mmenting: _4�&4w 01/10/06 TUE 15:22 FAX 503 591 0986 TVWD ENGINEERING X001 REQUEST FOR COMMENTS CITY OFTIGARD Community[Development DATE: QL-'T�/) iljmber29.2005DeceShapingA BetterCommunity ya� -��- „Tnalatin valley Water District Administrative Offices FROM: City of Tigard Planning Division STAFF COIITACT: Dick Rowersdortf, Planning Manager 1124321 Phone:15031639-4fl1/Fax:15031684-7297 RE: VACATION (VAC) 2005-00003 ➢ UN-NAMED PORTION OF PUBLIC RIGHT-OF-WAY EAST OF SW 74T" AVENUE Q NOTICE OF INTENT TO VACATE: The applicants, Larusso Concrete Company, Inc. and Richard Akerman & James Wathey, are requesting that the City vacate an approximately 7,845 square foot portion of an un- named public right-of-way. LOCATION: East of SW 74th Avenue and the Oregon Electric Railway (SP & S R/R) right-of-way approximately 1580 feet north of SW Durham Road. DATE REQUEST WAS FILED: November 15, 2005 Attached are the Site Plan, Vicinity Map, and Applicant's Statement and Resolution initiating the vacation 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 this application, Y , '''" Y' ` u wish to comment on .�f.' x�.��y �u � ���(, ..•� ,, jj��nyy.. � .n_�R:iliik ,.� �i.�'s'}r-i�iY:'� I .'S�`i:..1��,'`�VI�Q You may use they 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 d-tigard-or.gov. PLEASE CHE:Ck:. E'FOL LQWIN ,1TE N5 Tl 'T A(�;PLY ; A We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments.prpyided below: / Name& Phone Number of Person Commenting: �_ 1 :21 PM;PTLD ENG :5032427513 # 1 1 : REQUEST FOR COMMENTS CITY OFTIGARD Community Development ShapirtgA(Better Community DATE: December 29,2005 T0: Florence Mott Qnest Engineering FROM: City of Tigard Planning Division STAFF CONTACT: Dick Bewersdorn, Planning Manager(x24321_ Phone:15031639.4171/Fax:(5031684.7291 HE: VACATION (VAC) 2005-00003 ➢ UN-NAMED PORTION OF PUBLIC RIGHT-OF-WAY EAST OF SW 74T" AVENUE Q NOTICE OF INTENT TO VACATE: The applicants, Larusso Concrete Company, Inc. and Richard Akerman & James Wathey, are requesting that the City vacate an approximately 7,845 square foot portion of an un- named public right-of--way. LOCATION: East of SW 74th Avenue and the Oregon Electric Railway (SP & S R/R) right-of-way approximately 680 feet north of SW Durham Road. DATE REQUEST WAS FILED: November 15, 2005 Attached are the Site Plan, Vicinity Map, and Applicant's Statement and Resolution initiating the vacation 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 pro osal in the near future. if you wish to comment on this application, r 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 dicker-tigard-or.gov. PLEASE CHECK THE F•Q .LQW1N . ITEMS If+htA'f'AF�PCY ;;;; 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 Numbe of PersonCommenting: µ HQUEST FOR COMMENTS CITY OFTIGARD Community Development Shaping,4(Better Community DATE: December 29,2005 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Dick Bewersdorff, Planning Manager(x24321 Phone:15031 639-4171/Fax:15031684-7297 RE: VACATION (VAC) 2005-00003 ➢ UN-NAMED PORTION OF PUBLIC RIGHT-OF-WAY EAST OF SW 74T" AVENUE Q NOTICE OF INTENT TO VACATE: The applicants, Larusso Concrete Company, Inc. and Richard Akerman & James Wathey, are requesting that the City vacate an approximately 7,845 square foot portion of an un- named public right-of-way. LOCATION: East of SW 74th Avenue and the Oregon Electric Railway (SP & S R/R) right-of-way approximately 680 feet north of SW Durham Road. DATE REQUEST WAS FILED: November 15, 2005 Attached are the Site Plan, Vicinity Map, and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: JANUARY 28, 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 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: r'TY OF TIGARD REQUEST FOR "OMMENTS NOTIFICATIU,+ LIST FOR LAND USE & COMMUNITY DEVLLOPMENT APPLICATIONS FILE NOS.: I. ,5- C0603 FILE NAME: CITIZEN INVOLVEMENT TEAMS s� 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central ❑East ❑South ❑West CITY OFFICES .LONG RANGE PLANNING/Barbara Shields,Planning Mgr. COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. _POLICE DEPT./Jim Wolf,Crime Prevention Officer_BUILDING DIVISION/Gary Lampella,Building Official _ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer_PUBLIC WORKS/Matt Stine,Urban Forester _CITY ADMINISTRATION/Cathy Wheatley,City Recorder JCPUBLIC 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.*XTUALATIN VALLEY FIRE&RESCUE♦ �"PO TUALATIN VALLEY WATER DISTRICT ► _ CLEANWATER SERVICES Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON IZCITY OF TUALATIN _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 3406 Cherry Avenue NE Melinda Wood(WLUN Form 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 L 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 Hule,Greenspaces Coordmator(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(Powedines 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 Hill 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) CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) rant Robinson,Development Review Coordinator _Doria Mateja(zcA)MS 14 Planning Bureau Director Regional Administrator Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(cPAaCA)MS 14 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders —Jim Nims,sUrveyor(ZCA)MS 15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1 -DISTRICT 2A* 40DOT,RAIL DIVISION _STATE HISTORIC Dave Austin(WCCCA)^etr(r..,w.r....) 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 NORTHERNISANTA 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.R/R _METRO AREA COMMUNICATIONS COMCAST CABLE CORP. 9TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Randy Bice (S..M.fa Ara.C.-t) (If Project is Within Y.Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Cou 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 NW NATURAL GAS COMPANY YVERIZON QWEST 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 97075-1100Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. 4COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jan Youngquist, Demographics Alex Silantiev(S..M.pfa A—Co t) Diana Carpenter(APPSEdH.iifN ofsQW) 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 uodate l:\curoln\setup\labels\annexation utilities and franchises.doc when uodatlna this document) AFFIDAVIT OF MAILING CITY OF TIGARD Community De"fopment ShapingA Better Community I, Patricia L.Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrativeSpecia&tfor the City ofTWard, Washington County, Oregon and that I served the following: (Check Appropriate Boz(s)Below} ❑x NOTICE OF FINAL ORDER FOR:2L7VAC2005-00003/UN-NAMED PORTION OF PUBLIC RIGHT-OF-WAY VACATION. EAST OF SW 74" AVENUE ❑ 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"N', 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. (Per' t e otic SZITr OF OREGON County of Was angton )ss. City of`Tigard ) Subscribed and sworn/affirmed before me on the day ofLC.tC, , 2006. + "r StlE ROSS NCT/I' ` :,.•�liC-OREGON 114 NQ 375152 NIYCtUId n&oj!-- -:,`=S DEG.1,2007 - — MY COM - sion Expires: /o� EXHIBIT.. L CITY OF TIGARD, OREGON ORDINANCE NO. 06- 01 AN ORDINANCE VACATING AN APPROXIMATELY 7,845 SQUARE FOOT PORTION OF AN UN-NAMED PUBLIC RIGHT-OF-WAY WHICH LIRE TOTHE EAST OF SW-OF WAY, NORTH OF 74 TI SW AVENUE AND EAST OF THE S P & S RAILROAD DURHAM ROAD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2005-00003). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on December 20, 2005, and has been recommended by the Community Development Department; and WHEREAS, the approximate 7,845 square feet of unnamed right-of-way to be vacated has never been used for public or private road purposes and is not required for ingress or egress to or from adjoining properties; and WHEREAS, the applicants have requested that the City of Tigard vacate an un-named public right-of-way approximately 7,845 square feet in area and described in exhibits "A-1 and A-2" and "B-1 and B-2"; and WHEREAS,the City will no longer have maintenance responsibility for this area; 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 Section 15.08.130; and NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 7,845 square foot portion of public right-of-way as shown and described in the attached Exhibits "A-1, A-2, B-1 and B-2" (legal descriptions and map of the area to be vacated), and by this reference, made part thereof. Page 1 of 2 ORDINANCE NO.06-01 _ i:\curpli-i\jan-ies\VAC\VAC2005-00003.ord SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder and upon recording of a certified copy of the ordinance by the City Recorder. PASSED: By I Y)Q n )MQgS vote of all Council members present after being read by number and title only, flus '-day of Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this �� day of a-kUtA , 2006. i gDsen, Mayor Appr ved as to form: 1 4G , torney L Date ORDINANCE No. 06-_u Page 2 of 2 Page 2 ROAD VACATION SKETCH E LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, o TOWNSHIP 2 SOUTH, RANGE 1 WEST, W M. z CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 � 1 l I 3 4 f f N Q) r a f U r r r TL 1300 57- � m � a rQ % _ l l � ROAD ANN TRA C VACA77ON ACR AREA co 3849 SF TL 1200 TL 1100 AKERMAN / WATHEY DOC, NO. 92031816 / L 0 T 3 6 DEVELOPMENT 2407 NE 292nd Avenue, Camas, WA 98607 350.834.2519 Fax.834.5498 A -2- K4 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 fax.834.5498 c.halcumb@verizon.net DEVELOPMENT PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying North of the Westerly Extension of the South line of said Lot 35, and lying South of the Westerly extension of the North line of that Tract of Land described in deed to Richard D. Akerman and James E. Wathey, recorded in Document Number 92031816, Washington County Deed Records. Containing 3,849 Square Feet. ROAD VACA TION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. z CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 I 1 ! ! l Y 4 T ! ! 1 1 O ROAD VACATION TL 1300 i LARUSSO CONCRETE AREA COMPANY, INC. 3996 SF DOC. NO. 2000032753 Q � Q N!VEW;? AC F AT � A `/) o /l 40, / 11 /l TL 1200 TL 1100 v QJ 3p, 0 7 3 6 � / L DEVELOPMENT 2407 N5 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 t)< 14 ietT BrZ _ 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 fax.834.5498 c.halcumb@verizon.net DEVELOPMENT PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying South of the Westerly Extension of the North line of said Lot 35, and lying North.of the Westerly extension of the South line of that Tract of Land described in deed to Larusso Concrete Company, Inc., recorded in Document Number 2000032753, Washington County Deed Records. Containing 3,996 Square Feet. EXHIBIT, Larusso Concrete Company,Inc. VAC2005-00003 Attn: Jim Lang Un-named portion of public right-of-way east of SW 15930 SW 74 Avenue 74`h Avenue Tigard, OR 97224 Richard Akerman&James Wathey 12031 SW Breyman Avenue Portland, OR 97219 LDC Design Group Attn:Ed Murphy 20085 NW Tanasbourne Drive Hillsboro, OR 97124 PORTLAND WESTERN R/R ROBERT MELBO 1200 HOWARD DRIVE SE ALBANY OR 97322-3336 SOUTHERN PACIFIC TRANS. CO. CLIFFORD CABE 5424 SE MCLOUGHLIN BOULEVARD PORTLAND OR 97232 Ed Murphy 9875 SW Murdock Street Tigard, OR 97224 Rich Akerman 919 Westpoint Road Lake Oswego, OR 97034 AFFIDAVIT OF MAILING CITY OF TIGARD Community[Development ShapingA Better Community I, Patricia L.Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrativeSpecialist for the City ofTWard, Washington County, Oregon and that I served the following: {Check Appmpnate Boz(s)Belm} 0 NOTICE OF PUBLIC HEARING FOR: VAC2005-00003/UN-NAMED PUBLIC RIGHT-OF-WAY EAST OF SW 74T" AVENUE 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 Exhiblt"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. , f (Person 1-15-5-1 Pr red Notice) S7AgE Off'OREGON ) County of Was it gpn )ss City of TWard ) Subscribed and sworn/affirmed before me on the day of , 2006. 1 art. - -Jt `• ��z Ucv itYCG:r"... _ NMY - - — MY Commr - n Expires: �o� " 1 – 0-7 NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. cmt of TIGARD Community[nevelopment Shaping f7 Better Community CITY OF TIGARD NOTICE OF EASEMENT VACATION & PUBLIC NEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY FEBRUARY 28, 2005 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 NO.: VACATION (VAC) 20OS-00003 FILE TITLE: UN-NAMED PUBLIC RIGHT-OF-WAY EAST OF 74TH AVENUE VACATION APPLICANT: Larusso Concrete Company, Inc. APPLICANT: Richard Akerman & James Wathey 15930 SW 74th Avenue 12031 SW Breyman Avenue Tigard, OR 97224 Portland, OR 97219 APPLICANT'S LDC Design Group REP.: Attn: Ed Murphy 20085 NW Tanasbourne Drive Hillsboro, OR 97124 REQUEST: The applicants, Larusso Concrete Company, Inc. and Richard Akerman & James Wathey, are requesting that the City vacate an approximately 7,845 square foot portion of an un-named public right-of-way. LOCATION: East of SW 74th Avenue and the Oregon Electric Railway (SP & S R/R) right-of-way approximately 680 feet north of SW Durham Road. DATE REQUEST WAS FILED: November 15, 2005 THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON DECEMBER 20, 2005 BY SETTING A FORMAL PUBLIC HEARING DATE OF FEBRUARY 28, 2006 (Resolution No. 05-73), ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY VACATION. 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(.hBLE CRITERIA IN THE ABOVE-N 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. 0 �a —�aaete tt U Current Vacation request(VAC2005-00003) Prior Vacation (Ordinance #98-01) 2S 1.13AB-00:-C 2S1 12DC-00201 AKERMAN RICH/WATHEY JAMES E PACIFIC REALTY ASSOCIATES BY RASH#921 37 0006059A97 ATTN: N PIVEN PO BOX 260888 15350 SW SEQUOIA PKWY#300 PLANO,TX 75026 PORTLAND,OR 97224 2S1 13AB-00500 >1535 200 AKERMAN RICHARD D& EA TY ASSOCIATES WATHEY JAMES E EN BY RASH#921 37 0006059A97 UOIA PKWY#300 PO BOX 260888 D,0 97224 PLANO,TX 75026 113AB-00400 Oregon Electric Railroad. A MANRICHA D D& Robert I . Melbo , President & General WAT YJA E 1200 Howard Drive SE BY RAS. 21 37 0006059A97 Albany , OR 97322-3336 PO 90X 260 8 PLANO,TX 7 26 S112DC-011100 Southern Pacific Railroad A MAN RICH DD& Clifford C . Cabe , Construction WATH J SE 5424 SE McLoughlin Blvd. BY RA 1 37 0006059A97 Portland, OR 97232 PO X 26088 ANO,TX 75026 112DC-01200 XAN D D& 006059A97 , 2S1 13AB-00700 B&R INVESTMENTS 16255 SW UPPER BOONES FERRY RD TIGARD, OR 97224 2S1 13AB-00800 DUNCAN JOHN A AND JANICE LEE 8321 NW RIDGETOP CT PORTLAND,OR 97229 2S113AB-01600 DUNCAN JOHN ARTHUR AND JANICE LEE 8321 NW RIDGETOP CT PORTLAND, OR 97229 2S112DC-01400 JDS LLC& SANTA FE INVESTORS#1 LLC C/O PACIFIC SANTA FE CORP 17700 SW UPPPER BOONES FERRY RD PORTLAND,OR 97224 2S1 12DC-01 300 LARUSSO CONCRETE COMPANY INC 15930 SW 74TH AVE TIGARD,OR 97224 Nathan and Ann Murdock Mildren Design Group 231265 Attn: Gene Mildren PO Box Tigard, 23 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 781h 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 1361h 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:\curpin\setup\labels\CIT East.doc) UPDATED: 21-Oct-05 Gu CD po Q D O D. 0 Q NW0 W Q v U) AS rr C) m yk C) o ^ N oz p N n _ � z Q C)- C/) - � D N CD frl _ Mry� X" D _ h CCD :3 CD - m me° h -. WA Awl (D ZHF! to OMC -$ rpx. PDwY Ohio iO D u ABY _ 0 a 0 fT, ! �9 Q� Larusso Concrete Company, Inc. VAC2005-00003 15930 SW 74th Avenue UN-NAMED PORTION OF PUBLIC RIGHT-OF- Tigard, OR 97224 WAY EAST OF SW 74TH AVENUE Richard Akerman & James Wathey 12031 SW Breyman Avenue Portland, OR 97219 LDC Design Group Attn: Ed Murphy 20085 NW Tanasbourne Drive Hillsboro, OR 97124 PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES, THE FOLLOWING: CITY OF TIGARD PUBLIC HEARING ITEM: VACATION (VAC) 20OS-00003 ➢ UN-NAMED PORTION OF PUBLIC RIGHT-OF-WAY EAST OF SW 74T" AVENUE Q The Tigard City Council will hold a public hearing on Tuesday February 28, 2006 at 7:30 PM at the Tigard City Hall, Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon 97223 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. Further information may be obtained from the Planning Division (staff contact: Richard Bewersdorff) at 13125 SW Hall Boulevard, Tigard, Oregon 97223, by calling 503-639-4171, or by email to dickA- igard-or.gov. TT PUBLISH DATES: FEBRUARY 9, 2006 AND FEBRUARY 16, 2006. (THERE IS NO MAP TO BE PUBLISHED WITH THIS LEGAL PUBLICATION. THANK YOU.) NOTICE TO MORTGAGEE, LIENHOLDER,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 oevelopment SFiapingA rBetterCommunity CITY OF TIGARD NOTICE OF EASEMENT VACATION & PUBLIC NEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY FEBRUARY 28, 2005 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 NO.: VACATION (VAC) 2005-00003 FILE TITLE: UN-NAMED PUBLIC RIGHT-OF-WAY EAST OF 74TH AVENUE VACATION APPLICANT: Larusso Concrete Company, Inc. APPLICANT: Richard Akerman & James Wathey 15930 SW 74th Avenue 12031 SW Breyman Avenue Tigard, OR 97224 Portland, OR 97219 APPLICANT'S LDC Design Group REP.: Attn: Ed Murphy 20085 NW Tanasbourne Drive Hillsboro, OR 97124 REQUEST: The applicants, Larusso Concrete Company, Inc. and Richard Akerman & James Wathey, are requesting that the City vacate an approximately 7,845 square foot portion of an un-named public right-of-way. LOCATION: East of SW 74th Avenue and the Oregon Electric Railway (SP & S R/R) right-of-way approximately 680 feet north of SW Durham Road. DATE REQUEST WAS FILED: November 15, 2005 THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON DECEMBER 20, 2005 BY SETTING A FORMAL PUBLIC HEARING DATE OF FEBRUARY 28, 2005 (Resolution No. 05-73). ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY FEBRUARY 28, 2005 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. k ALL DOCUMENTS AND APPLICAbLE CRITERIA IN THE ABOVE-NO'I ED 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 DIC K(cD-TIGARD-OR.GOV. AFFIDAVIT OF POSTING NOTICE City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, 4R 97223 In the Matter of the Proposed Vacation of: Land Use File No.: VAC2005-00003 Land Use File Name: UN-NAMED PORTION OF PUBLIC RIGHT-OF-WAY EAST OF SW 74TH AVENUE 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 the `37l" day of 3-anua r:!- ,206(- Sig— n e of Person Who Performed Posting (In the presence of the Notary) STA??E OF OUGON County o'Washington )ss. 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FA 0 J v� f 0. e `alb, J� CT Q Z, o z — O a� 3nb H19L3IAV H19L MS o w H19L - 'E — U 2S113AB-00300 ' 2S112DC-00201 AKERMAN RICH/WATHEY JAMES E PACIFIC REALTY ASSOCIATES BY RASH#921 37 0006059A97 ATTN: N PIVEN PO BOX 260888 15350 SW SEQUOIA PKWY#300 PLANO,TX 75026 PORTLAND,OR 97224 2S113AB-00500 2S112DC-00200 AKERMAN RICHARD D& PACIFIC REALTY ASSOCIATES WATHEY JAMES E ATTN: N PIVEN BY RASH#921 37 0006059A97 15350 SW SEQUOIA PKWY#300 PO BOX 260888 PORTLAND,OR 97224 PLANO,TX 75026 2S113AB-00400 AKERMAN RICHARD D& WATHEY JAMES E BY RASH#921 37 0006059A97 PO BOX 260888 PLANO,TX 75026 2S112DC-01100 AKERMAN RICHARD D& WATHEY JAMES E BY RASH#921 37 0006059A97 PO BOX 260888 PLANO,TX 75026 2S1 12DC-01200 AKERMAN RICHARD D& WATHEY JAMES E BY RASH#921 37 0006059A97 PO BOX 260888 PLANO,TX 75026 2S113AB-00700 B&R INVESTMENTS 16255 SW UPPER BOONES FERRY RD TIGARD,OR 97224 2S113AB-00800 DUNCAN JOHN A AND JANICE LEE 8321 NW RIDGETOP CT PORTLAND,OR 97229 2S113AB-01600 DUNCAN JOHN ARTHUR AND JANICE LEE 8321 NW RIDGETOP CT PORTLAND,OR 97229 2S112DC-01400 JDS LLC& SANTA FE INVESTORS#1 LLC C/O PACIFIC SANTA FE CORP 17700 SW UPPPER BOONES FERRY RD PORTLAND,OR 97224 2S1 12DC-01 300 LARUSSO CONCRETE COMPANY INC 15930 SW 74TH AVE TIGARD, OR 97224 CITY OF TIGARD Community Devefopment ShapingA Better Community LAND USE PROPOSAL DESCRIPTION FILE NO.: VACATION (VAC) 2005-00003 FILE TITLE: UN-NAMED PUBLIC RIGHT-OF-WAY EAST OF 74T" AVENUE VACATION APPLICANT: Larusso Concrete Company, Inc. APPLICANT: Richard Akerman & James Wathey 15930 SW 74th Avenue 12031 SW Breyman Avenue Tigard, OR 97224 Portland, OR 97219 APPLICANT'S LDC Design Group REP.: Attn: Ed Murphy 20085 NW Tanasbourne Drive Hillsboro, OR 97124 REQUEST: The applicants, Larusso Concrete Company, Inc. and Richard Akerman & James Wathey, are requesting that the City vacate an approximately 7,845 square foot portion of an un-named public right-of-way. LOCATION: East of SW 74th Avenue and the Oregon Electric Railway (SP & S R/R) right-of-way approximately 680 feet north of SW Durham Road. DATE REQUEST WAS FILED: November 15, 2005 [DECISION MAKING BODY BELOW: DATE COMMENTS WILL BE SENT: DECEMBER 29, 2005 DATE COMMENTS ARE DUE: JANUARY 28,2006 ® CITY COUNCIL DATE TO INITIATE VACATION PROCEEDINGS: TUESDAY— 12/20/05 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 EASEMENT VACATION SCHEDULE h:lpattylmasterslstreet and easement vacation schedule.doc Updated:4-Mar-02 PROJECT NAME: D SCHEDULE OF SPECIFIC ACTIVITIES OUTLINED BELOW: COUNCIL INITIATION PROCESS: (DATE) j (05 Council Packet item to Initiate the Vacation Process is due to the Planning Manager (3 WEEKS PRIOR TO INITIATION PUBLIC HEARING) CONTENTS OF PACKET t 2. Agenda Item Summary 3. Resolution with Legal Description and Map // 4. Letter Requesting Vacation Council Packet "VACATION INITIATION" Item due to City Administration (2 WEEKS PRIOR TO THE PUBLIC HEARING) — Q.— Council INITIATION of the Vacation Request (VIA BUSINESS MTG. ON THE CONSENT AGENDA, DATE: !'Z—Z Oie 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.) 12 Z 1 0 to Request for Comments Re: Notice of Intent to Vacate to Staff, Utility Providers, the County and Other Interested Parties (A COUPLE OF DAYS FOLLOWING COUNCIL'S INITIATION/PROVIDE 30 DAYS (TM( IS.08.060.C:Per Julia's recommendation)TO RESPOND TO REQUEST) Submit Newspaper Ad to the Newspaper (FRIDAY PRIOR TO THE I" PUBLICATION DATE) r7— ob I" Newspaper Publication (2 FULL CONSECUTIVE WEEKS PRIOR TO THE PUBLIC HEARING/NO LESS THAN 14 DAYS PRIOR TO THE PUBLIC HEARING) 2— (a 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. 211.110) and (T.M.C. 15.08.120) 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 1 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) 2nd Newspaper Publication (MINIMUM OF I WEEK PRIOR TO THE PUBLIC HEARING) j ~ Z —O Request for Comments Due Back from Agencies Previously Notified 3 —®C, 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) i� C-76 City Council Public Hearing Date on the Vacation Request i` Post Ordinance of the Vacation Proceedings by the City Recorder (ORDINANCE NO.: ) Ordinance Sent to be Recorded/Filed with Wa ington County Assessors and Surveyor's Offices in Order to Obtain a Title to the Area Vacated �. (,(,����terdts— •Tura r�lL'� /� tt`S. Cl 0 0 0 0 o 0 0 0 0 N N y Lt O O O O O 7 O Co O O oo N � 00 O o0 N O d N i v� O O 0 CO 0 O O O 00 O O O A � N N N O qu V H R i.i U� axxx � oou d o 0 00 O 0 W) O d-E 2 C 0= N M h L' Zi 'ct N It 'IT (I) ; 0 0 0 0 y t' 0 0 0 0 j O V o o 0 o ►5 p d o 0 0 0 CC N CA rA ti o -- ct to Ln E C Li. O U U ocn w 0 y a ai A �n O O �n O N N O O O O O N N N N 4 M M M M Ct O O O N a0 t as 00 GC N N O w .ti M LDC November 15, 2005 Design Group a Partin company Dick Bewersdorff, Planning Manager City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Right-of-way vacation Dear Mr. Bewersdorf£ On behalf of Mr. Akerman, Mr. Wathey and Mr. LaRusso, I am requesting that the City initiate the vacation a 30-foot wide strip of right-of-way along the east side of SW 74th Street, east of the Spokane Portand & Seattle (SP&S) railroad tracks, also known as the Oregon Electric Railway. This area was dedicated to the public in 1911 with the platting of"Fanno Creek Acre Tracks". The right-of-way is not currently used for any public purpose, and it is unlikely that there would be any public interest in the property in the future. It is apparently part of the SW 74'h Street right-of-way, but it is unusable for street purposes because of the railroad tracks. Moreover, the area is landlocked. The only public access to it eliminated when the City vacated the SW Fanno Creek Place right-of-way in 1998. The City Council initiated a related right-of-way vacation eight years ago, on November 25, 1997, adjacent to tax lots 300, 500 and 700, 2S 1 13AB. The Council initiated that vacation via Resolution No. 97-48, adopted on November 25, 1997, and vacated the right-of-way via Ordinance No. 98-01, adopted on January 27th, 1998. That vacation included the SW Fanno Creek Place right-of-way, as well as the 30-foot wide right-of-way adjacent to tax lot 300 and the railroad tracks. I am enclosing documents related to that previous vacation request. This vacation request is for the next portion of the right-of-way to the north, adjacent to tax lots 1200 and 1300, 2S 112DC. We are making two separate requests, one for the right-of-way adjacent to tax lot 1200, owned by Akerman/Wathey, and another for the right-of-way adjacent to tax lot 1300, owned by LaRusso Concrete Company. This request is being made in conjunction with the zone change application from I-L to I-P submitted on November 1, 2005. The zoning map change, if approved, would therefore need to take this right-of-way vacation into consideration to make sure that there will not be a left-over strip of land zoned I-L. The vacation of the right-of-way will increase the area of tax lots 1200 and 1300 by Roos wwoir)aahnu r Dive illsboro, q72 3849 square feet and 3996 square feet, respectively. Including these small areas in the P soy 8584'4) developable area of tax lots 1200 and 1300 will make a significant difference in the site F 503 bas X500 planning for these parcels. It will also bring this square footage back on the property E hilLborocoIdedesign comWWltid"ir, ign con) tax rolls, and clarify who is responsible for maintenance. LDC Based on utility maps received from the City staff, there are no existing or planned public or private water, sewer or storm water utilities within the areas to be vacated. If Design Group upon further investigation it turns out that there are existing utilities within this area, aFara[i company the City Council may require the property owners to establish a public and private utility easement within the area to be vacated, as it did with the 1998 vacation. (In that case, however, there was an existing 8"public water main in SW Fanno Creek Place.) With this application, I am submitting: ♦ A check in the amount of$2080, which is a deposit for the application fee; ♦ One copy of a title report showing ownership; ♦ Documents related to the 1998 vacation; ♦ Legal descriptions of each area to be vacated; ♦ Maps showing each area to be vacated; ♦ An aerial photograph of the site; ♦ Tax Assessor's maps showing the site. I trust that you and the engineering staff will agree that there is no public interest now and none anticipated in the future for this right-of-way, and that it would be appropriate to initiate proceedings for the requested vacation. Would you please schedule this request before the City Council at the earliest opportunity? If you need anything else in order to place this request before the Council (such as a draft Resolution), please let me know. Sincerel , Ed Murphy, AI P CC. Richard Akerman LaRusso Concrete Company, Inc. Kevin VandenBrink—Macadam Forbes, Inc. Cindy Halcumb, PLS, KC Development 0891.001/docs/plan/vacation/vacregletter/11/15/05 2 r Legend Subject Properties Yj t` ^•I R t# fY, y f, The information shown on this map has been obtained from several sources and is believed[o be >,� n =• reliable,but its accuracy and completeness are not guaranteed. The data may contain some nonconform tics,defects,errors,or omissions.LDC Design Group makes no warranty with respect to the data. P Gf.91 GCiAmis P,La,s Q821-0Gt-AFP.IA.L-a,LuSF:'F\ii m� AERIAL OF SITE TIGARD: (AKERMAN) ZONE CHANGE DDC CITY OF T'IGARD,OREGON NO EMMA15,2005 DESIGN GROUP 20085 NW TANASBOURNE DRIVE HILLSBORO,OREGON 97124 P H 503 858.4242 F X 503.645.5500 WWW LDCDESIGN COM 1 inch equals 200 feet 2S 1 13AB 2S 1 13AB -T 4� -T- C-7 I.......... A Al A 0 WASHWWONCOUNrl OIIEaoN OP A-e NW1/4WKCTM E11413T"N1WW.FA. 31 R • IS, 4�1 ay a ao x s ar x s soI 4W A 23-74 W 1 110 AC At, 1tiCTION ' 44, cA 5 Z 0 co oc W Milm !man 23 -4ur - CAqrOQWJ*N PLOT DATE:Mv 20,2054 0— % FOR ASSESSMENT PURP8'SES ONLY-RDSTNOTRE N HER Ukj _F0 zDURHAM u TIGAR 2S 1 13AB 2S I 13A9 dII Theinformation shown on this map has been obtained from several sources and is believed to be reliable,but its accuracy and completeness are not guaranteed. The data may contain some nonconformaties,defects,errors,or omissions.LDC Design Group makes no warranty with respect to the data. ,TAX MAP 2 S I 13AB I TIGARD AKERMAN) ZONE CHANGE CITY OF TIGARD,OREGON, DDC 14OVEMBER 15,2005 DESIGN GROUP 20085 NW TANASBOURNE DRIVE HILLSBORO.OREGON 97124 P H 503 858 4242 F X 503 645,5500 WWW.LDCDESIGN COM 1 inch equals 200 feet 2S 1 12DC 2S 1 12DC t�'I ,^°°�a*„ -�faa„„ i � !to II II � � a r I "';' •-�-�-__� - Ii_ -- - - - - - - - i — -- ° . SW KABLE LANE A > o •z _ 9 l l ( !! c j WASHINGTON COUNTY OREGON EWI14 sE114 SECTION 12725 RIWW.M. scuEr-1ao• _ K '9•� .��•4 I � � '� � 4 a � p I �q as I a1. Is M a. >s ;"b�;�Sb�+ �: b.� 1 �. I � ➢ ii-C�-�- - - I� 4 P r ✓ E .� { t .r E V.R.. � �0 ,�. '►0 I . { mor, CJ 6 �`� ID !' � u 714 em �n' is r rj IS i i , ' i I� ia=aarin is. ttAV y 2tY j 'I' }� ISI 7� �, e s � a a r- ► 23-74 ,l s;k �+ raeAoomo�umuswwprwerrianr.r -€ n ...sreN.4.r. r 1 9 9 4'� 0 0 6 soi OR CA m O I 1 I DO e j� ,�.,m' 13 •l e�� � {�- - -:max - i •"°'� �, snsz i 4 6' » y CAR/OGRAPW _. — - `°•- .— � yc y� -^�.,�.�-..- 4 r8 .. ,,moi - PLOT DATE:"17,2003 K•,•�•. ,.,�, x - .�.•..+. FOR ASSESSS�MENTPURPOSES ONLFOROTHER USE ON ao !� J S 11 2S 1 12DC 2S1 1200 The information shown on this map has been obtained from several sources and is believed to be reliable,but its accuracy and completeness are not guaranteed.The data may contain some nonconformities,defects,errors,or omissions.LDC Design Group makes no warranty with respect to the data. r CE.Il col A., ;is M1^ s J3°t-;:ct-r,',1,V01 6 51-11 .,.- TAX MAP2S 1.11J 2�DIC TIGARD (AIERMAN) Z©NE CHANGE CITY OF TIGARU OREGON DDC NOVEMBER 15,2005 DESIGN GROUP 20085 NW TANASBOURNE DRIVE HILLSBORO,OREGON 97124 P H 503 858 4242 F X 503.845.5500 WWW LDCDESIGN COM 1 inch equals 200 feet VDROAD VACA TION SKETCH LOCATED IN THE SW 114 OF THE SE 114 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 n T 3 4 I _ N O 1 v 1 TL 1300 � � m / � a lco ROAD F A N N 'Tp A C VACATION ACR E AREA 3849 SF TL 1200 TL 1100 / AKERMAN / WATHEY DOC. NO. 92031816 / / L O T 3 6 DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 2407 NE 292nd Avenue " " • Camas, WA 98607 -;iy- 360.834.2519 '• `-' ' fax.834.5498 F„ DEVELOPMENT c.halcumb@verizon.net PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying North of the Westerly Extension of the South line of said Lot 35, and lying South of the Westerly extension of the North line of that Tract of Land described in deed to Richard D. Akerman and James E. Wathey, recorded in Document Number 92031816, Washington County Deed Records. Containing 3,849 Square Feet. rDROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON 1"=60' OCTOBER 25TH, 2005 � I I I I 3 4 I I I N O ROAD TL 1300 / VACATION LARUSSO CONCRETE AREA COMPANY, INC. 3996 SF DOC. NO. 2000032753 Z (jo / Q A N N T R ACT S A C R E Q O /l 40, TL 1200 TL 1100 v J 3o' Q / T 3 6 DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 r fax.834.5498 FDEVELOPMENT c.halcumb@verizon.net V PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying South of the Westerly Extension of the North line of said Lot 35, and lying North of the Westerly extension of the South line of that Tract of Land described in deed to Larusso Concrete Company, Inc., recorded in Document Number 2000032753, Washington County Deed Records. Containing 3,996 Square Feet. 4S AMERIC First American Title Insurance Uompany of Oregon � F z Washington (OR) Prepared For: Prepared By: Customer Service Department 1700 SW Fourth Avenue - Portland, Oregon 97201-5512 Phone: (503)222-3651 Fax: (503)790-7872 OWNERSHIP INFORMATION Owner : Akerman Richard D Ref Parcel Number : 2S112DC 01200 Co Owner : Wathey James E T: 02S R: 01W S: 12 Q: 251 Site Address : *no Site Address* Parcel Number : R0513411 Mail Address : 12031 SW Breyman Ave Portland Or 97219 Map Number Telephone : Owner: Tenant: County :Washington (OR) SALES AND LOAN INFORMATION Transferred : 05/11/1992 Loan Amount Document# : 31816 Lender Sale Price Loan Type Deed Type Interest Rate °�Owned : 100 Vesting Type PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page&Grid MktLand : $88,120 Census : Tract: Block: MktStructure : $25,380 Subdivision/Plat : Fanno Creek MktOther Neighborhood Cd : YI5 MktTotal : $113,500 Land Use : 2312 Misc,Non-mfg,lmprovement,Ind Zone MSO Assd Total : $74,300 Legal : FANNO CREEK ACRE TRACTS, LOT PT 35, %Improved : 22 ACRES .34 04-05 Taxes : $1,211-85 Exempt Amount Exempt Type Levy Code : 02374 Millage Rate : 16.3101 PROPERTY CHARACTERISTICS Bedrooms Lot Acres : .34 Year Built Bathrooms Lot SgFt : 14,810 EffYearBIt Heat Method Bsm Fin SgFt Floor Cover Pool Bsm Unfin SgFt Foundation Appliances Bsm Low SgFt Roof Shape Dishwasher Bldg SgFt Roof Matl Hood Fan 1st Flr SgFt InteriorMat Deck Upper Flr SgFt Paving Matl Garage Type Porch SgFt Const Type Garage SF Attic SgFt Ext Finish Deck SgFt This titre information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. -^ ---`-- B�e8�Mak,��T��Cn�pao�wCOce�oo | ` | | RY SPECIAL WARRANTY DEED .~~.°o.__~ . � .-_-usl_- ' » MES --WIEK ~--_----' -----'--'--'------'-'-' grantor.conveys an -------------------------. 'J� --. 'rty,free������� WW�brances created or suffered by the grantor-- grantee,.tuxspecifically set fonmherein,situated mthe County of~......==....^~.......Stale, Oregon, to wit: ___ > �re*"" �av u noct hor°px)��" un��b�: �" ���uc�o x�o�� �d k' r�e � - r This deed isbei� g�� in fulfillment of that ,��� �� ��� mm��t | ~ recorded March m, 1985 as Fee No. oomm»oa, zucuruo of Washington unvxtr^ u,°gvu � Contract. � mm un� warranties x",o�o uvvzv ooz� as "c ao�, o� o��u -- ' _-- THIS INSTRUMENT WILL NOT ALLOW USE oF THE PROPERTY DESCRIBED unTHIS INSTRUMENT owVIOLATION or APPLICABLE LAND USE LAWS AND xnooLAoomo xorouo muwm/n OR xccExnwc THIS INSTRUMENT THE ---- ---�= PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY _--- PLANNING DEPARTMENT ToVERIFY APPROVED USES. --'--^ rxoruosAND ACTUAL CONSIDERATION nourumCONVEYANCE mej!�@^0AQ^8 .............. -~-,....-~~---.-_..---~-------_..--..-----.--_--~---~~-~~-.~. ~---'---'---------------'------__------_-------'(oaouoyo.o:m) ",�/ _~ o"uumu_���_un/"r _---Aucq---..mZL'` --' ----- '--'--'--'---'-_----__----- ---- sr^rco�unson*�=*�_-_--------/� mo��� ...................................... w__. county of -�[---�----'_��� w~�a*"��°^----_______________== ~~=~� '--'=,==-___-~--...' '_~..-~----''---.-__._-.-'--�� ^�" ** ="� feetionjilly,appeared the above��Reverend J ea..D.....Wiek each for himself and not one for the alhil.r.did say that theformer �== and that(he latter is the ^,'��* � ------------ of _ kocni-ledged the foregoing intiffil ....................on.'ac .. and thAt ilia sent affixed to the inrcgoing instrument i's the corporate scat '0�Vt� at said corporation and that said Instrument it as signed and scaled in be. Plt�l to Voluntary act one?diled. hall of said corporation by authority of its board of dirEvors;and each of them acknoLitedged&aid instrument to be its voluntary act and deed. Or Alry 10-31-92 My commijolon expires: Reverend James D. Viek I certify that the within instru _ . .' ................................................ ���,� mn ---- ------'— - '--� --recorded - ����"USE in .00. e�.olume^. .................. .1 97224 Witness my hand and seat of - County affixed. ........... .xho ------ ' «�� ................................-, '--''--------~------------'---| By ____Deputy '~--''--^'-^'nsc�wx�ar-^''^'------( --------- nuor00a _- ._�.-__�-_ ..�..,_.�m•..-.-..mss ..M1.-;.:C v'r�,i=:���-f`•� f �•_"'n� —_— ___ ____. _'_- —As.r...=•_iso•® --.�a��' tia.i.:n•Lt-'.`..t7;y;.: ter•. _ ,�;�''-'�::�:r.,* _ ___. �n•ec.•-rr •L..-zL -*f,"tF=kr::'r'+,:i'-:yyy,y -•_..r:ri .: —•-- -____ PARCEL VIt •._ _ BEGINNING at an iron pipe marking the Northeast corner of Lot 35 of FANNO CREEK 11CRS = ` TRACT, a duly recorded plat of Washington County, Oregon; and running thence south - 0002.40" East 130.37 feet along the Easterly boundary line of said Lot 35 to an iron rod said iron rod marking the true point of beginning of this description/ thence continuing South 0°02140" East 122.78 feet to an iron pipe marking the Southeast corns' =" _ of said Lot 35; thence South 89046110" Went 241.67 feet along the southerly bounder 'Y'' line of said Lot 35, to an iron rodt thence North 0013.50" West 122.78 feet to an iro: - rod; thence North 89046110' East 242.07 t9et to the true point of beginning of this z _ -- ? description._ ' PARCEL VIII BEGINNING at an iron pipe on the Southwest corner of Lot '39, plat of FANNO CREEK ACRE TRACTS, a registered plat of Washington County, Oregon, said ,point of beginning also ,1 being on the Easterly right of way of the S P and S Railroad right of way; thence from — said point of beginning North 89046'10" Cant 170.99 feet along the South line of Lot 35• -- of said plat to an iron rod# thence North 0013150" West 122.78 foot to an iron rod. - thence south 69046110" West 134.09 feet to a point on the Easterly right of way of the I =-- P and S Railway; thence along the are of a curve 128.36 feet, central angle 4056'40", -_ radius.1487.40 feet, chord bears South 160.30.00" West 128,25, feet, and said Ran orl, -- sight of way to the Southwest corner of said Lot 35 and point of beginning, Washington - --_- County, Oregon. "+•d --- STATE OF OREGON SSc _= County of WeShtn9ton YZ neon Dirac or of Assessment Li'.'". rtif I,,I?rrFl R.qIp order of Con- and 7axat on d pebY ceWa 3. veyances lot 1 W� I orris of _- that the � Itoo =•i satd eo 1 tar +� r + B� � I'iisa`•' .• teed; °y coot��' Doc : 92031816 38.00 76897 i geCt: 59:10PM 05/11/19y2 01: _ i -_—__ ..,r' �.va.;�i• 5r,;::' K:t;-"�':/• '\��"•'�`;�a's':�••,. �')a��`:',i.''a{'"�3° "rJ�^ -.�' -: __ =�;a ,^''• - ^.��.SI'.r. „� ..s tti. .••(�', �?ft�' •_7•i�y�'�!!r. r� "-t.�''•.;�'�'-`• •:��:31':Rt:� { "' rc. •.4'n'�t 4- �.;'�i •9�'.. Y` i` , IF 1�:,.y'4.•:•:9' J C}7, t' __ �,.�:.n.— .:;ti'�; ,j'�•k yr. �< S;" a_ty' ?�.•;ice„�.t;;L:?r,��. E•r> �+.y i. `Gp-.!P i� 1. I'1.�, v:;,' rY'�: � 'r. • tf.TJ:CC:. --_ `-...•r�yi�..�. ,�'}3,�.1,y�1 :�Li����n,tr.`:•:� h'�F'ry1�'�,•,°S'{ Sk1:;;;r}r tx:.r rl: '� -_ ��-sibu�:: cl.�,.,,'.Jt! few! Y ;+,{y ..tR1J;io��:':1�•' •.�;.�/'�', •JJ 4�G�l"�f=�.V��)i''��.' Pi _ -- _ x F��'s -,. M1--1[L:��:7"��.f 7. r�'•� T• "•ii�.•�:; f �`�: �:IZi�����b�4}• `, ^!t. ;{l=.lt:(/ti�' „--Y.,F•� '•�'•.•��I'�”1+'r••�l• Y ••� �l'' ( -' .3,`JY ____ - c r,< 'T75 ,lL.•ch t --•. :.,1•i. {'i, t, .r',% ��."a_ .a V;• .Y'»._._ -•_.__.._ -- -_ � .7S�` ,i•;*.irC''•i_r�'(•,'•y��:f:�,..,'1':4��� ii.•�::..��'):•uG•y , ----_ -a�, �t'•a l'�`.N�,g�.,�F;.a�, r• �itr... y�.._. t;)'.,i���. r;.' N.�_:��"._,. -__ .� 1..1� .L7�.�:-1(rl��r•i•�.c:�v�r�h �r,.,yl. �1 __ __. ___--__-_._.__- �� �1f�V4 �:�#'y,..Tt�.�• / ~ "1 l- 1•(C�..•$`yt� its. i•='�'---�--_ L 1�� r'" 1�L�it{..��c'I-,.�I.�� T'•�'3,'Y -___.�...+ .ter M'y i ' I _--_ __-..._ '- __ __ -� -C1T LF-n�i,�l'•;�' •'� L'� �i�.1"M'oc-rte_ _ �_ ___ - .._--- - _';--•--�.x'.-,.,r-M�',iR..s;sin uiY:d y{'��{�„'�,r�1 i1'i�i1. 'arrY:^y!- .y.e'.�._r��•,�_•q....����-�~-- - --- ---- -- ----- .-_—.- _ _--_-- - a'�:::-i�a'_:lie_r,�r��;�,•�,rRad;��� }'.rr'n.. 4 �C;.^. 1 i �ms"imi4i.�w;=_.�^=—.._.__. -.,—- =i.Law...s — r. �+LI�L'� ������1'iL�.'a+,i, til ,�Nn-s-_._:•;.....___;_-- -- -__ a ._ _...._ --- ��:.:i�''�`��r�a+`l�i`- f_z�•d ��V(_F_�,o+,' .' '""�.. .+•-..- tti�tt_�..�p� _............ - - s-_`_T�r'.: -_ ::}i,;di.,.l�- ';''' ..,,_ <tli,�:r u��•P`T'�':...i...'t{._:-5!i a—'�„—^_.�., 4s� AM E R I C, w~ '� First American Title Insurance Company of Oregon "n Washington(OR) Prepared For: Prepared By: Customer Service Department 1700 SW Fourth Avenue - Portland, Oregon 97201-5512 Phone: (503)222-3651 Fax: (503)790-7872 OWNERSHIP INFORMATION Owner : Larusso Concrete Company Inc Ref Parcel Number : 2S 112DC 01300 Co Owner 1: 02S R: 01W S: 12 Q: 251 Site Address : 15930 SW 74th Ave Tigard 97224 Parcel Number : R0513402 Mail Address : 15930 SW 74th Ave Tigard Or 97224 Map Number Telephone : Owner: Tenant: County :Washington(OR) SALES AND LOAN INFORMATION Transferred : 04/25/2000 Loan Amount : $210,000 Document# : 32753 Lender : Wells Fargo Bank Sale Price : $305,000 Loan Type : Construction Deed Type : Warranty Interest Rate : Fixed Owned : 100 Vesting Type : Corporation PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page & Grid : 655 G7 MktLand : $161,690 Census : Tract: 308.04 Block: 3 MktStructure : $149,050 Subdivision/Plat : Fanno Creek MktOther Neighborhood Cd : YI5 MktTotal : $310,740 Land Use : 2312 Misc,Non-mfg,Improvement,Ind Zone MSO Assd Total : $186,170 Legal : FANNO CREEK ACRE TRACTS,LOT PT 35, /%Improved : 48 ACRES .99 04-05 Taxes : $3,036.43 Exempt Amount Exempt Type Levy Code : 02374 Millage Rate : 16.3101 PROPERTY CHARACTERISTICS Bedrooms Lot Acres : .99 Year Built Bathrooms Lot SgFt : 43,124 EffYearBIt Heat Method Bsm Fin SgFt Floor Cover Pool Bsm Unfin SgFt : Foundation Appliances Bsm Low SgFt Roof Shape Dishwasher Bldg SgFt Roof Mad Hood Fan 1 st Flr SgFt InteriorMat Deck Upper Flr SgFt Paving Matl Garage Type Porch SgFt Const Type Garage SF Attic SgFt Ext Finish Deck SgFt This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. 10 RFS Rr�fAG REQUESTED BY FILITY NATIONAL TITLE COMPANY OF OREGON STATE OF OREf30N l Ss GRANTOR'S NAME County of Wuhln�!+ j1 Brundage-Bone Concrete Pumping, Inc. i Jerry ? of Assess- I ment acrd ortny th e GRANTEE'S NAME Clerk for I _ ,, + 4 elved LaRusso Concrete Company, Inc. : the wit i said i and � X '• ` Q I county SEND TAX STATEMENTS T0: * �, LaRusso Concrete Company, Inc. j 9916 Rainer Ave.S. y�, * r irector of Seattle,WA 99118 axation,Ex- lark AFTER RECORDING RETURN TO: )Do 2000032753 LeRusso Concrete Company, Inc. Recti 253467 332.00 9916 Reiner Ave.S. 04/25/2000 03t26t46pm Seattle,WA 99118 STATUTORY WARRANTY DEED Brundage-Bone Concrete Pumping,Inc.,a Colorado Corporation,Grantor,conveys and warrants to LaRusso Concrete Company,Inc.,a Colorado Corporation,Grantee,the following described real property,free and clear of encumbrances except as specifically set forth below,situated in the County of Washington, State of Oregon, SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF c� Subject to and excepting: r City liens in favor of the City of Tigard-none as of the date of closing; Easement granted to Unified Sewerage Agency uw- of Washington County recorded Novmeber 15, 1977, Book 1216, Page 696. � THIS INSTRUMENT WILL NOT ALLOW USE OFTHE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE a PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY u. PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS$305,000.00 (Sea ORS 93.030) DATED: April 20,2000 Brundage-Bone Concrete Pumping,Inc.,a Corporation corporation By: L r S-- "�: WASHINGTON COUNTY ,�;.'1�":.1� �"•� R£AL PROPERTY TRAMSfEfl tAX � fg PAID DATE STATE OF COUNTY OF //V This instr ment as acknowledged before me on �r con a�lnni� A„�n /JA E 0/1 UU�j10TARy 9y'' as PUBLIC i Of Qa,/in[y6 RmF U111!'i/Ufr TAC rrl ,R''•. pF. NOTARY PUBLIC FOR MY COMMISSION EXPIRES: /O- ! 1 FORD-313 Mov 21901 STATUTORY WARRANTY DEED Esorow N-1417144•k, A Tfq#jrdu No.00017144 EXHIBIT ONE Beginning at an Iron pipe marking the Northeast corner of Lot 36,FANNO CREEK ACRE TRACTS,a duly recorded plat in the City of Tigard,Washington County,Oregon,and running thence South 89°46'10"West 348.66 feet along the Northerly boundary line of said Lot 36 to an intersection with the Easterly right of way line of the S.P. &S.Railroad; thence along said right of way line on a 1487.40 foot radius curve to the right ithe long chord of which bears South 11°64'10" West 133.36 feet) a distance of 133.38 feet along the arc to a point; thence North 89°46'10" East -- 376.16 feet to an intersection with the Easterly boundary line of said Lot 36; thence North 0002'40"West 130.37 feet along said Easterly boundary line to the point of beginning. 45 T AMER,c 4. 9� First American Title Insurance Company of Oregon An assumed business name of TITLE INSURANCE COMPANY OF OREGON �A This map is provided as a convenience in locating property First American Title Insurance Company assumes no liability for any variations as may be disclosed by an actual survey Reference Parcel Number 2S112DC 01300 >\ c n 1300 6 k' .99 AC LD Ln r: N Ca n , � N r � v N Ln � � r 134.09 242.07 706' LLL F N d ca co CIO r" 1200 N 1100 l 1 r4 .34 AC .fib A¢ 57.e Ln 170.99 241.67 �I A M ER ILI First American Title Insurance Company of Oregon An assumed business name of TITLE INSURANCE COMPANY OF OREGON This map isprovided as a convenience in locating property First American Title Insurance Company assumes no liability for any variations as may be disclosed by an actual survey Reference Parcel Number 2S I 12DC 01300 Sw KABLE LANE x M� 7 ddd NZ WASHINGTI SWIASE114S 31 --9,7 20"1 4, LU -———————————— ZZ 1 z LWL, I.N � > < N < FOR ADDITICALA 4 23-74 it -------- --------------- 0 �":K ---------------------------- IN 40 ——————-————— 'X ——-————————— Pi 13oo In s" A Cli V 1200 PLOT DA FORASS� —————————— ONLY-1 FO W 2S 1 12DC d19,'%W2 , f CITY OF TIGARD Community Development Shaping A Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, JANUARY 27, 1998 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: FANNO CREEK PLACE PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: Northwest Landscape Industries OWNER: Northwest Landscape Industries 16075 SW Upper Boones Ferry Rd. Richard Akerman & James Wathey Tigard, OR 97224 16075 SW Upper Boones Ferry Rd. Tigard, OR 97224 OWNER: Elmo Studd's Lumber Supply Bill Fagan & Ron Pulliam 16255 SW Upper Boones Ferry Rd. Tigard, OR 97224 REQUEST: The petitioner is requesting to vacate an approximately 16,174 square foot portion of SW Fanno Creek Place an unimproved roadway that provides secondary access to Elmo Studd's and Northwest Landscape Industries. Petitioner is also requesting to vacate an approximately 4,914 square foot portion of.an unnamed 30-foot-wide roadway adjacent to lot 36 of "Fanno Creek Acre Tracts" that had been dedicated in 1911 to the public with the platting of the Subdivision and which may no longer be necessary. LOCATION: 30 FT. ROAD ADJOINING LOT 36 OF FANNO CREEK ACRE TRACTS: All of said 30- foot-wide roadway adjoining the westerly line of Lot 36 of said "Fanno Creek Acre Tracts" lying between the southwesterly line extended of said Lot 36 and the north line extended of said Lot 36; the westerly line of said roadway adjoins the 50-foot-wide Oregon Electric Railway right-of-way and is 163.8 feet long. PORTION OF SW FANNO CREEK PLACE: That said portion of SW Fanno Creek Place (County Road A-138) in the northeast-quarter of Section 13, Township 2 South, Range 1 West, Willamette Meridian, Washington County. DATE PETITION WAS FILED: October 9, 1997 THE REQUEST OUTLINED ABOVE WAS INITIATED BY THE COUNCIL ON NOVEMBER 25, 1997. ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY JANUARY 27, 1998 BY 7:30 P.M. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. NOTICE OF 1/27/98 PUBLIC HEARING ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER WILLIAM D'ANDREA, ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. l 4 OI�Aa Z �'• / � � — :� .r• Q O� zo LIAe ~ rANNO cfliE K � ao 36 tcs vaa�l:� X ti 38 o°r ,�' lsr f. Area Ta Ba T ,-I k(: T .5 Vacated t 'r eww 37 any y is • 7CO At ;tom �O •"+� / `a� •�a't �•'ti �w o N��'�•' i •� y23 14 .QU / to wast — lCaDahl J� \ lvc 1500 1201 In inwL— "r I 23-87 —_— —, JQ \i I � \ NOTICE OF 1/27/98 PUBLIC HEARING 09/22/97 11:24 $503 684 7297 CITY OF TIGARD Z002/002 January 30, 1997 City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 RE: SW Fanno Creek Place,Tigard,Oregon Members of the City Council,City of Tigard We,the property owners adjoining SW-Fanno Creek Place,request the City Council take under consideration the vacating of SW Fanno Creek Place. Enclosed is our check in the amount of$1,530. for deposit and the following exhibits: (Two checks in the amount of $765.0 /each) Exhibit 6- Map of area showing Fanno Creek Place and surrounding properties. Exhibit: Legal description of Fanno Creek Place Thank you for your consideration, Property Owners at 16075 SW Upper Boones Ferry Road,Tigard, OR 97224 R�cl�d D.Akerman ames E.Wathey Property owners at 16255 SW Upper Boones Ferry Road,Tigard,Oregon Bill Fagan on Pulham LEGAL DESCRIPTION JOB NO. 3950 PORTION OF VACATED 10/1/98 S.W. FANNO CREEK PLACE CITY OF TIGARD WASHINGTON COUNTY, OREGON INURING TO NORTHWEST LANDSCAPE INDUSTRIES EXHIBIT "C" THAT PORTION OF S.W. FANNO CREEK PLACE (COUNTY ROAD A-138) IN THE NORTHEAST-QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH CORNER OF TRACT 37, "FANNO CREEK ACRE TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911, IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND RUNNING THENCE ALONG THE SOUTHWESTERLY LINES OF TRACTS 37 AND 36 OF SAID "FANNO CREEK ACRE TRACTS", N.44°37'35"W., 412.16 FEET TO THE EASTERLY LINE OF THE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY, 25.00 FEET FROM CENTERLINE; THENCE, ALONG SAID RIGHT-OF-WAY LINE, 8.85 FEET ALONG THE ARC OF A NON- TANGENT CURVE RIGHT, CONCAVE NORTHWEST, THE RADIUS OF WHICH IS 1,457.69 FEET, THE CENTRAL ANGLE IS 00020'52", AND THE LONG CHORD BEARS S.24051'38"W., 8.85 FEET TO THE SOUTHWESTERLY BOUNDARY OF SAID "FANNO CREEK ACRE TRACTS"; THENCE, ALONG SAID SOUTHWESTERLY BOUNDARY, N.44015'00"E., 408.36 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W. UPPER BOONES FERRY ROAD (COUNTY ROAD NO. 534) 30.00 FEET FROM CENTERLINE; THENCE, ALONG SAID S.W. UPPER BOONES FERRY ROAD RIGHT-OF- WAY LINE;-N.49°05'02"E.,. 10.99 FEET TO THE POINT-OF-BEGINNING; CONTAINING - - - 3,949 SQUARE FEET, MORE OR LESS; THIS DESCRIPTION WAS PREPARED FROM THE MAP OF SURVEY NO. 18,823 ON FILE IN THE WASHINGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY REFERENCE IS MADE A PART HEREOF. 0, 1>91 °rs9E4r' �S N 42° 49' E 0. ?4 h -40' WIDEN � ccR. ►��2 60' 1-10 21 (� ✓ Rsj45T•69 I� •�� 0 � ` r � ��Oo fid, L _ loo, �. ' o r ro 0 ( o C W o S 490 1' ! 100 44711 303.10 \ O F o fn ; ' �; •�� o moo - '.._. 196.92' m x N - .. -► z J Ckl O N48017' E " 27015 152.34' •iy. ' ' 29� BEGIN Q B OP A' ES �- C R. 5 3 4 (CR. A-136 NO WIDTH STATED .. 248.32 138;74 / 133.76 A 0 At W z 1 A n LEGAL DESCRIPTION JOB NO. 3950 PORTION OF VACATED 10/1/98 WC S.W. FANNO CREEK PLACE CITY OF TIGARD WASHINGTON COUNTY, OREGON INURING TO B & R INVESTMENTS EXHIBIT "D" THAT PORTION OF S.W. FANNO CREEK PLACE (COUNTY ROAD 1-138) IN THE NORTHEAST-QUARTER OF SECTION 13 , TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH CORNER OF TRACT 37, "FANNO CREEK ACRE TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911, IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND RUNNING THENCE ALONG THE SOUTHWESTERLY LINES OF TRACTS 37 AND 36 OF SAID "FANNO CREEK ACRE TRACTS", N.44°37'35"W., 412.16 FEET TO THE EASTERLY LINE OF THE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY, 25.00 FEET FROM CENTERLINE; THENCE, ALONG SAID RIGHT-OF-WAY LINE, 8.85 FEET ALONG THE ARC OF A NON- TANGENT CURVE RIGHT, CONCAVE NORTHWEST, THE RADIUS OF WHICH IS 1,457.69 FEET, THE CENTRAL ANGLE IS 00°20'52", AND THE LONG CHORD BEARS S.24°51'38"W., 8.85 FEET TO THE TRUE POINT-OF-BEGINNING; THENCE, CONTINUING ALONG SAID RAILWAY RIGHT-OF-WAY CURVE, THE ARC LENGTH OF WHICH IS 33.68 FEET, THE RADIUS IS 1,457.69 FEET, THE CENTRAL ANGLE IS 01019'26", AND THE LONG CHORD BEARS S.25°41'47"W., 33.68 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF S.W. FANNO CREEK PLACE (COUNTY ROAD NO. A-138); THENCE, ALONG SAID FANNO CREEK PLACE RIGHT-OF-WAY LINE, PARALLEL WITH AND 40.00 FEET PERPENDICULAR FROM SAID SOUTHWESTERLY LINE OF TRACTS 36 AND 37, S.4403735"E., 381.61 FEET TO A POINT-OF-CURVATURE; THENCE, ALONG THE RIGHT-OF-WAY LINE OF THAT PARCEL 2 DESCRIBED IN THE STREET DEDICATION TO THE PUBLIC RECORDED AUGUST 1, 1983, WASHINGTON COUNTY RECORDER'S FEE NO. 83-27515, 16.54 FEET ALONG THE ARC OF A CURVE RIGHT, CONCAVE WEST, THE RADIUS OF WHICH IS 14.00 FEET, THE CENTRAL ANGLE IS 67°40'37", AND THE LONG CHORD BEARS S.10°47'17"E., 15.59 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W. UPPER BOONES FERRY ROAD (COUNTY ROAD NO. 534), 30.00 FEET FROM CENTERLINE; THENCE, ALONG SAID S.W. UPPER BOONES FERRY ROAD RIGHT-OF- WAY LINE, N.49°05'02"E., 37.39 FEET TO SOUTHWESTERLY BOUNDARY OF SAID "FANNO CREEK ACRE TRACTS"; THENCE, ALONG SAID SOUTHWESTERLY BOUNDARY, S.44015'00"W., 408.36 FEET TO THE TRUE POINT-OF-BEGINNING; CONTAINING 12,225 SQUARE FEET, MORE OR LESS, THIS DESCRIPTION WAS PREPARED FROM THE MAP 01, SURVEY NO. 18,823 ON FILE IN THE WASHINGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY REFERENCE IS MADE A PART HEREOF. o- �-�� N 420 49' E N 4 1 h42-40' WIDE) 60 (CR. 10 U) ,�, • ' 8.1457.69 � � 0 1 �Oo moo ' C NCD A p 0- 0 ' w p +►w m S as° 1'40 o'O t ! �' 4 4 7.11 100 yui -4 a %l` 303.10 rrl P; -- -- 196.92, fq _ Y� A o oA � N480 f7' E a9.09 rn 27515 ' ' 293 p, BEGIN 2 BA' E C (7 CR. 534 01.0 248.32 (CR. A-138 NO WIDTH STATED 138,74 153.76 r � 1 �• �� 10 /. NO ST 1;9 October 9, 1997 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Addendum to request of January 30, 1997, for vacating of SW Fanno Creek Place, Tigard, Oregon Members of the City Council, City of Tigard We,the property owners of lot 36 adjoining the 30'roadway as described on Exhibit A and Exhibit B (attached), request that you take under consideration the addition to vacate the 30'roadway adjoining lot 36, "Fanno Creek Acre Tracts", to our previous request to vacate SW Fanno Creek Place (noted above). Enclosed: Exhibit A: Legal description of 30' roadway Exhibit B: Map of area showing 30' roadway Thank you for your consideration. Property Owners at 16075 SW Upper Boones Ferry Road, Tigard, OR 97224. Richard D. Akerman Jaitiies E. Wathey 16075 S W UPPER BOONES FERRY RD, TIGIVD, OR 97224 (503) 684-1450 FAX (503) 620-7592 `� Printed rail Rrwrled P.anrr LEGAL DESCRIPTION #3950 30 FT. ROAD 9/10/97 WC ADJOINING LOT 36 FANNO CREEK ACRE TRACTS CITY OF TIGARD WASHINGTON COUNTY, OREGON TO BE VACATED EXHIBIT "A" PART OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST-QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, DEDICATED TO THE PUBLIC BY MEANS OF "FANNO CREEK ACRE TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911 IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND DESCRIBED AS FOLLOWS: ALL OF SAID 30-FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LOT 36 OF SAID "FANNO CREEK ACRE TRACTS" LYING BETWEEN THE SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE EXTENDED OF SAID LOT 36; THE WESTERLY LINE OF SAID ROADWAY ADJOINS THE 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY AND IS 163.8 FEET LONG. S E — 1 0 — SI -7 W E D 1 2 1 9 C O M P A S S E N G R S P _ 0 1 4 COMPASS CORPORATION W ,} E ENGINEERING - SURVEYING - PLANNING 6564 S.E. LAKE ROAD (503) 653-9093 s MILWAUKIE, OREGON 97222 FAX (503) 653-9095 September 10, 1997 VIA FAX-620-7592 & FIRST CLASS MAIL Ms. Janette Henman Northwest Landscape Industries 16075 SW Upper Boones Ferry Road Tigard, Oregon 9'7224 RE. 30'Roa(lwny Vacation Dear Ms. Henman; Transmitted herewith is the legal description and exhibit map you requested for the proposed vacation of the 30"wide roadway adjoining lot 36, "Fanno Creek Acre Tracts". As agreed, this material was prepared from record data. The exhibit map is a modification of the County Assessor's map. A field survey and original survey map were not prepared. If you have any questions or require additional information, please call me at 653-9093. Sincerely, 4endeelCloeVpfil, Survey Manager WGcmh:395Nt;PL 10.wd14 Cnclosuro 7 W E D 1 2 1 9 C O M P A S S E N G R S P - 0 2 LEGAL DESCRIPTION #3950 30 FT. ROAD 9/10/97 WC ADJOINING LOT 36 FANNO CREEK,ACRE TRACTS Y CITY OF TIGARD r WASHINGTON BOUNTY, OREGON TO BE VACATED EXHIBIT "A" PART OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST-QUARTER OF SECTION 13,TOWNSHIP 2 SOUTH,RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON,DEDICATED TO THE PUBLIC BY MEANS OF "FANNO CREEK ACRE TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911 IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND DESCRIBED AS FOLLOWS: J 'o ALL OF SAID 3Q.-FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LAT 36 OF SAID "FANNO CREEK ACRE TRACTS"LYING BETWEEN THE SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE EXTENDED OF SAID LOT 36; THE WESTERLY LINE OF SAID ROADWAY ADJOINS THE 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGl-rr-OF-WAY AND IS 163.8 FEET LONG. ( W CL 1 L Lb I.. V 1'1 t- Cn k. PCZa r �1( 0 . • bL b o F _ �,. Cj � �a rya • . w PO r Rl CDLL� bpi � �► ���� � � ♦g ��:��� `G Q g 1� Fsv � :� k , �I�I1+ r�0 N-1 ao = M a d n o �' � aAo apt•' O V CD 0 Ap Ab � 0 1 U w4 as illi of ut �� 5 O 0 i Ll..., , j Bili �•�� 4p • Ill � � o' Ci 1• 111 � Q-• a �� OaF�, Ilill ti o ,11 I V 1 b . 1 EXHIBIT B'r C14 LEGAL DESCRIP'T'ION PORTION OF 108 NO.3950 S.W.FANNO CREEK PLACE 4/23/97 WC CITY OF TIGARD WASHINGTON COUNTY,OREGON TO BE VACATED • B-`QBBIT"A* THATNORTHEPORTIONA.gT. OF 3.W.FANNO CRE'X PLACE(COUNTY ROAD A-138)IN THE Q1UARTER OF SECTION 13,TOWNSHIP 2 SOUTH RANGE 1 WEST, WI LAUETTB MERIDIAN,WASMOTON COUNTY,OREGON DESCRIBED AS FOLLOWS. BEGINMG AT TAE SOUTH CORNER OF TRACT 37 "FANNO CREEK ACRE 'TRACTS",A SUBDIVISION RECORDED DECEMBER 2,1911,IN WASHINGTON COUNTY PLAT BOOK 5,PAGE 14,AND RLwaNG TMCE ALONG TTM SOUTHWESTERLY LINES OF TRACTS 37 AND 36 OF SAID"FANNO CREEK ACRE TRACTS",N.44-37'35"W.,412.16 FEET TO M EUTERLY I,aSM OF TAE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY,25.00 FEET FROM CENTERLINE. THENCE ALONG SAID RIMM-OF-WAY LINE,42.53 FEET ALONG THE,SRC OF A NON- TANGENT CURVE RIGHT,CONCAVE NORTHWEST,TIiI3 RADIUS OF WHICH IS 1,457.69 FEET,THE CENTRAL ANME IS 1.40-18",AND TETE LONG CHORD BEARS S-25-31'21"W.,42.53 FEET TO THE SOT.JTBWESTERLy XI RT-0F WAY LINE OF S.W. FANNO CREEK PLACE(COUNTY ROAD NO.A-138);THENCE„ALONG Syn FANNO CMM?LAM RIGHT-OF•WAY LINE,PARALLEL WITH AND 40.00 FEET SI'W44-ENDICULARFROM' " SAID SOUTHWESTERLY LINE OF TRACTS 36 AND 37, . 3733E.,381.61 FEET TO A POIN -OF.=VATURE;THENCE.AI,pN=}THE RIGHT-OF-WAY FINE OF THAT PARCEL 2 DESCRIBED IN THE STREET DEDICATION TO THE PUBLIC RECORDED AUGUST 1,1983,WASHINGTON COUNTY RECORDER'S FEE N0.83-27515, 16.54 FEET ALONG TI-3 ARC OF A CURVE RIGHT,CONCAVE WEST,TBE RADIUS OF WHICH IS 14.00 FEET,THE CENTRAL ANGLE IS 67-40'37", AND THE LANG CHORD BEARS S.10-47'17-R,15-59 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W.UPPER BOOMS FERRY ROAD(COUNTY ROAD N0. 534 30.00 FRET FROM CENTERLINE. ALONG SAID S.W.UPPER SOONES FERRY ROAD RIGHT-OF-WAY LINE,N.4"5'02"E.,48.78 FEET TO TIBC POINT-OF_ BEGINNING,CONTAIIVING 16,174 SQUARE FEET,MORE OR LESS;TWS DESCRIPTION WAS PREPARED FROM TBE MAP OF SURVEY N0. 18,823 ON FILE IN THE WASHINGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY RIFF Mcs IS MADE A PART HMOF. �4 H 154 a; MAP ?4th . .i;„a''•� •'itis' �1+-. • , •�' "� j rn Z 303j m FERRY ' EXHIBIT C I LEGAL DESCRIPTION 03950 .30 FT, ROAD 9/10/97 WC ADJOINING LOT 36 FANNO CREEK ACRE TRACTS CITY OF TIGARD WASHINGTON COUNTY,OREGON TO BE VACATED EMT"A" PA.tiT OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST-QUARTER OF SECTION 13,TOWNSHIP 2 SOUTH,RANGE I WEST,WILLAMETTE MERIDIAN, WASHINGTON COUNTY,OREGON,DEDICATED TO THE PUBLIC BY MEANS OF "FANNO CREEK ACRE TRACTS",A SUBDIVISION RECORDED DECEMBER 2,1911 IN WASHINGTON COUNTY PLAT BOOK S.PAGE 14,AND DESCRIBED AS FOLLOWS: ALL OF SAID 30-FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LOT 36 OF SAID"FANNO CREEK ACRE TRACTS"LYING BETWEEN THE SOUTHWESTERLY LINE EXPENDED OF SAID LOT 36 AND THE NORTH LINE EXTENDED OF SAID LOT 36;THE WESTERLY LINE OF SAID ROADWAY ADJOINS THE 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY AND IS 163.8 FEET LONG. JIT It,. y "o- ' WMIBIT C --ol < J too k�.�Ilt ,11 a yap flit C t;ittil w oCb y c L gm �jijil• 4w�' � �...�, • o `'Milt ,�.. %4 '•�� , / .. tjitti .� •. a a C3� �O C, Li A EXHYDIT D CL � ; � ' I i> �� •i�,•'._..._� � � i it LU ziZi CL I— slow I r-,-;�-----�--•f//rte• t i� �1 I '�1 � i r � t ' O ` if VICINITY CASE NO. EXHIBIT MAP jai Lw.sr-•T l EMBYT E CITY OF TIGARD,OREGON ��jj , RESOLUTION NO.07-400 av A RESOLUTION INITIATING THE VACATION OF: 1) APPROXINIATELY 16,174 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FA,YNO CREEK PLACE; AND 2) APPROXI`tATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE WESTERLY LINE OF LOT 36 OF`FANNO CREEK ACRE TRACTS". WHEREAS,the right-of--way had been dedicated to the public;and, WHEREAS.the approximately 4,914 square foot road had been dedicated with the platting of"Fenno Creek Acre Tracts"in 1911;and, WHEREAS,SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo Studd's and Northwest Landscape Industries;and, WHEREAS,the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of "Fanno Creek Acre Tracts"is also undeveloped and not used in any way;and. WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings.to vacate an approximately 16.174 square foot portion of SW Fanno Creek Place;and, lIIEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an approximately 4,914 square foot portion of an unnamed roadway adjacent to lot 36 of"Fenno Creek Acre Tracts"; and. WHEREAS,the public right-of-way may no longer be necessary:and, WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council initiates a request for the vacation of: 1) approximately 16,I74 square feet of public right-of-way commonly known as SW Fanno Creek Place; and 2) approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "A' and Exhibit"B". Section 2: A public hearing is hereby called to be held by the City Council on Tuesday.January 27, 1998,at 7:30 p.m.at Tigard City Hall,13125 SW Hall Boulevard,within the City of Tigard. at which time and place the Council will hear any objections thereto, and any interested person may appear and be heard, for or against, the proposed vacating of said public right-of-way. Pate l of: REsoLL N NO.97 O IO t:�ytywide�n�vaC�taiciat Vay.1.1rg7 ' r h Section 3: The City Recorder is hereby authorized and directed to cause to have published'in the Tigard Times, a newspaper of general circulation In the City of Tigard, a notice of said hearing, the first publication to be on January 8, 1998 and the final publication to be on January 15. 1998. The Recorder Is further directed to cause to have posted within five(5) days after the data of first publication,a copy of said notice at,or near,each and of the area *�+ proposed to be vacated Section 43 The particular public right-of-way to be vacated Is shown on the attached Exhibit"A"and Exhibit"8" and by reference,made a part hereof. PASSED: This2 day of ,1997. Ciayet�- L hof TrLaA�sJ + City Recorder-City of Tigard �J RESOLLMON NO.977_;t Page:o(2 1.Wtywidd=%v=fixrMat Nov.13197 CITY OF TIGARD, OREGON RESOLUTION NO. 05-25 A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF AN APPROXIMATELY 7,845 SQUARE FOOT PORTION OF AN UNNAMED PUBLIC RIGHT OF WAY WHICH LIES TO THE EAST OF SW 74TH AVENUE APPROXIMATELY 680 FEET NORTH OF DURHAM ROAD WHEREAS, the applicant has requested the City of Tigard initiate Vacation proceedings to vacate an aproximately 7,845 square foot portion of right-of-way which had previously been dedicated to the public; and 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 an approximately 7,845 square foot portion of public right-of-way and more particularly described and shown in Exhibits "A-1 and A-2" and 'B-1 and B-2 " 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-TbC9t/Y1&'V 2005. V--Z e Mayor- ity of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.05 - `73 Page 1 �x ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SEC 770N 12, o TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. z CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON 1"-60' OCTOBER 25TH, 2005 ! j j ! l 4 N O J V � TL 1300 � a / Q � rh / co -' ROAD N N A C R VACATION Ac RE AREA 3849 SF TL 1200 TL 1100 AKERMAN / WATHEY DOC. N0. 92031816 .7 3 6 / L 0 DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 EX H I a rr A -2- 2407 `2.2407 NE 292"d Avenue Camas, WA 98607 360.834.2519 fax.834.5498 c.halcumb@verizon.net DEVELOPMENT PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying North of the Westerly Extension of the South line of said Lot 35, and lying South of the Westerly extension of the North line of that Tract of Land described in deed to Richard D. Akerman and James E. Wathey, recorded in Document Number 92031816, Washington County Deed Records, Containing 3,849 Square Feet. 0� ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, z TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 I � ! ^ .� 3 4 N !- O TL ! !;, ROAD ! V ' 0-- VACATION LARUSS0I300 CONCRETE �. i AREA COMPANY, INC. 3996 SF DOC. N0. 2000032753 ^d, � c) � " F A N E B R A C OACR co O /l 40, l II V II TL 1200 TL 1100 v J 3o' Q LOT 3 6 DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 .. j Ex1418tT B -Z 2407 NE 292"d Avenue ' Camas, WA 98607 360.834.2519 fax.834.5498 DEVELOPMENT c.halcu mb@verizon.net PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying South of the Westerly Extension of the North line of said Lot 35, and lying North,of the Westerly extension of the South line of that Tract -of Land described in deed to Larusso Concrete Company, Inc., recorded in Document Number 2000032753, Washington County Deed Records. Containing 3,996 Square Feet. SOUTHERN PACIFIC TICA RD INDUSTRIAL PARK�\ STATE OF OREGON SSS.) � COUNTY OF W'9SNlNC70N \\\ ;RfXiER THOMSSEN,D/REL'TOAOFRECORD9 ANDecEcr(ays,cbHEeEarcERTiFrTNaTrNE A SUBDIVISION OF A PORTION OF LOT 41 AND OF LOTS 24 THRU ,,,z NAL PLAT WAS REC/El/EO FOR RECORD ON „ 1° (NOTE:REMONUMEN7Lx"D/N/97/ EPY 7NE_oaraF /9_ Ar 34 AND LOTS 42 THRU 44 OF FANNO CREEK ACRE TRACTS w4sH rn. />/?`rye,"EP n/ 4;, FND J/4'/EL#7NPIPE \ O'CCOCK_,M.,AND RECl/RDED ON PAGE /%2"BRASS CAP) /N BOOK_OF RECORDS OF'TOWN PATS I N THE S.E.1/4 O F SECTION 12, T.2 S., R.1 W.,W.M. sou77//a caR, seG!2, \ OF SAID COUNTY. WASHINGTON COUNTY, CITY OF TIGARD, STATE Of OREGON res, R/W,WA.[ ev ,DEPUTY SCALE: 1" 200' SEPTEMBER 1, 1978 2 ZP 4 11 FANNO CREEK Z STATE OFOREC.ON 1 ACRE TRACTS`) COUNTY OF WASH/NGTON �''`') 1�I 1 CURVE DATANOT NORTH 2486.42 oTRECORp) 1 \\a /,RQ�iER 771QMS5'EA;D/REG70R OFRAVORDS AND 1 Who 2 1�' CURVE mI^ \� �� ELECTIONS,LN HEREBY CEPTYF'Y TNAT/I/AVE CtJM- 1 �P� 9 I� N0. MDIUS ARC oEL7A CIIORD cnORO BRNG. 1. • I%DICA7E5 FOUND 5/8" I!:Gi .,�J PAI PED 7HE W/1N/N PLAT W/TH THE OR/G/NAL �I$ ` h 2, o INOI CATES SET 5/8" z 30" IROS ROD stir \�, 7NEREOF,TM4T 7Hf SONE/SA FULL,77PUE,AND QI• q IA 1 20.00 51.475 90-I0-09 28.326 N46-2S-ZOW 3. INDICATES REFERENCE NUMBER FOR CURVE DATA. OIIW COPY 7HEREGfc;A5 7HE SAMEAPGEA,PS Q,$ Z ,��j� 2 20,00 10.481 30-01-35 10.362 s73-28-48W 4. BASIS OF BEARING AS SHOWN o \ OF RECORD/N PZAT.BOOK PAGE )x Q q I 5 S. REFERENCE SURVEYS: SELLERS SURVEY OF JULY 30, i N I= 3 20.00 >.018 20-06-20 6.982 546-24_ 7W y a y ��sv NVx THEREC7F. ) NQ 0 ti Qly 4 58.00 141.854 140-07.54 109.050 N71-34-22W 1978, CASWIELL SURVEY OF NOVEMBER 30, 1977, DEPUTY pl vh°j 2�1� a1 pss �Im S 58.00 141,854 1a0-07-sa 109.oso ]'63-33-SDE COUNTY SURVEY Y0.5 12395, 2165, 2S7G, 3018, ~I ba a ` \ 01 aqN •u0' W i WI 6 20.00 7.24o zo-an-27 7.zoo ssl-s4-nae q y lnil0 vj4�1 q 7 20.00 10.259 29-23-27 10.1a7 576-aB-42E 3758, 4143, 4254, 9723, 10630, :1626, and 14444. Wi $1� \ NI ppb ni k M tl•sE a°d � w ND///2"/.R7N,01P c.Zoa. \� \ 01 �q gjpN1 tl} 8 20.C'C 31.357 89-a9_51 28.2<2 X33-5�-anE 9 1487.09 168.10 06-28-27 768.01 KDa-26-OOB 4t/0427 �w _ �-A°g 4� v'�/. fid, ` -��7J�943.4I '-- _--•- { --`_ 30'RO40W'7Y SO R/W N.OJ•Z8/2"N' /B6/66 -r f /N/T/AL POINT jj _ //6870 1' S6J[32 ZT ERSA�'T •'� S P\'�? O QJ S O 692 96 _- di• -• BYPHYB/CAL T/TC E ESM/ +' O `] ia.\ /P BOTH TANGENTS(SEE W �' ,.�, /5'E4CN S/Of 4 Z,jo .` i CASWELL SURVEY OF b Ihyhi �, OF/OTL/NE ai FO's70APME SAI'T. 7 66 Xs FNtr.SA9"/RION,aloo Nov so,/fin) "+ Q LOT 3 $ LOT 4 W�%�ro•Ew,slat W $ .55 W z; 334,220S/'=r67JAC N07E x 402 02'8 S,-.�g 229 AC Vs. t0.3'BELOIY-JETFAP ;jg• �i �; y , Y T0f1rV 7R.4OT-T7 •1 V'u i SEE CUP_A' I 0 "FANNO CREER'ACRE �� \` �O� 2Og1 FOR CURvEOATA, TRACTS) I ;+ r`Z`i ii END AL lGNMENT J MON ^, b i bi 7RACK,P('E t/MENTA77ON TNYJ e' Y 33. ro{ \� i iGW/TARYE9AJ'. W� I ---------- --------------------- _____ __ _4REA. h ________________ 'd__I • _..___._7325/`----------- ___ __ _� - __ ._-_-108_00--_ J07� ,1CALE:/^•JO' ;`SO/•20%6•E. 332. Ct I' E t. ___�__-. , _______SfS 00 - 675/ > .-______ / I�p7.•• 3 I /'y •RDD Es4%T. .-Z SO'SOUTHERN qaC/F/C RAR TRA6KACE$'tS4IY+� 'FOR S(ORM DRQ/N 8 q Q'� .S,77.dv?m 1!/02/1 EREGISTERED PROFESS:OVAL LOT 5 j 3 LOT 1 g LOT 2 ; "t /85326 SF�4.23.4AL. ,/ LAND SUF,VE`:"O!R 40 h 1� /2y 274 S.C" 3 /23,047 S/ � 11j746 OS•91 •P.807 ABI.54C 6 u Co'DEO/CAT/CN�' q OA t3 R E 347 . RA/`R fRAuA; S:o i,S - -•--'.iD/'r?7%6 E-•780.66-- T 72/Vo AVENUE rCR_aP/267 SURVEYOR'S CERTIFICATE inlb Of P, STATE OF OREGON COUNTY OF WASHINGTON W ---APPROVALS 5. I FRANK H. SELLERS, A REGISTERED PROFESSIONAL LA\D SURVEYOR TEMBE IN T11F. STATE PR vCD Ds3 I 197,, OF OREGON, HEREBY CERTIFY THAT DURIXC THF.Y.CNTH OF SEPTf.MeER 19,S. 1 -� q - ' -----'- - 'Sri � 1til . CI'T, V TI/T.0 FIX 'INC C: MMISSION CORRECTLY SURVEYED AND MARKED WITH PROPER MONUMENTS THF. LANDS REPRF.SFNTFD LOT LINE¢- Lam• _ JOG' `" ,o/ 1 / UPON THE ANNEXED MAP AS "SOUTH[?,'; PACIFIC TIGARD INDUSTRIAL PARK•', T.L4T TRACKAGE E9M7¢ 2O'/6`w. THE INITIAL POINT IS A x 36" G\LVA\'I7F.D TRO\ PIPE DRIVEN 6" BELOW hiL h 30'W/O£JOUTNE PAC/F/ R.R. TR 6KA6E ERSEMENT :� ,/� SURFACE OF THE .;ROUND, THE BOUNDARY IS DESCRIBED AS FOLLOWS: BEGINNING AT THE INITIAL POINT WHICH BEARS NORTli :486.42 FEET AND EAST ATTEST THIS }GAY OF ll.Y..Se>,19 594.08 FEET FROM THE SOUTH 1/4 CORNER OF SECTION 12. T.2S., R.IN_ Q Q DIRECTOR OF RECORDS AND ELECTIONS WILLASIETTE MERIDIAN, WASHINGTON COUNTY, OREGON, SVDPIPEALSO 9%.:�� 0`. •y V (COUNT`(�"pLER K) W� NGTON COUNTY,OREGON THE NORTH LINE OF LOT :4 OF "FA.NNO CREEK:.CRC TRACTS,"A PLATOFRECORD,WASH- By e,Kj INGTON COUNTY PLAT RECORDS: THENCE N.880 Imo' u7•' 1. l.IO:r.THF NORTH LINE OF SAID LOT 24 35.1.35 FTET TO A 5/8" IRON ROD O'. „STEI:1.1' R!C;.IT OF WAYLINE OF SOUTHERN FACT FIC RAILROAD; THENCE S.IS- T7"h. ALONG SAID /HERESY CERT/FY THAT APFItOV:n T1113�nA•:cr ", I^.7 e, RIGHT OF WAY 1205.91 FEET TO A POINT 1fii:`.',:F. x.010 =0' 16'• F. TH/5 /d AN EXACT COPY DIRECTOR OF ASs1.r7NENT AND TrocnTICN SCOVNIY PARALLEL TO THE Cf-VO-R;1cE OF 5.W. 72n.i %VE. rr-q. NO.12Q 780.66 VFFT OF7NE Pr16AR "SDUT/IERN ASSESSOR),WASHINC)'ON GO U'TY TO A POINT; THIALP.SASS° 29' 35" W. :45.00 rE�T TO A 5/Y' IROS DEDICATION ACKNOWLEDGEMENT PAC/F/C T/CARO/NDUS7R/AL pyPK• ROD; T'IILNCE S.OL° =0' 1°" E. 33?.57 1-F.L'r r0,\ 5!\" IRO\ ROD AT'nil. S,E. • 0 I, P QRS BY _ CORNER OF LOT 3; Ur SAID " ANNO C4FtX ACRE TRACTS." SAID ROD ALSO BEI\C KNOW ALL MEN BY THESE PRESENTS: STATE OF CALIFOR\IA. ,IQ 17 XJ A COMMON CORNER TO SAID 1.01" 35, 59 AND 30: THENCE S.SS° 29' 35•' h. COUNTY OF SAN FRAn'ciSco (S'S') FRANK N.SELLERS,RL.S. APP80vEn 7tIIS,�,�DAY Or�4,�"0�_, I97 e, ALONG THE LINE COMDKN TO SAID 101' 34 AND 35 31b.°1 `ECT TO A S/S" !RON POOR F COUNTY C MMTSiioN CRS WASIII,'GTON COUNTY THAT SOUTHERN PACIFIC TRLNSPORTATION COMPANY, A DELAWARE ,y � // ROD ON THE EASTERLY RIGHT' OF tt.\Y LINE OFA 50 FOOT ttIDP RO:ADtiAT AOJ ACICT CORPORATION ORGACI=ED UNDER AND BY VIRTUE OF THE LAWS OF THIS IS TO CERTIFY THAT ON THIS /,,! DAY OF O 978, _ �i_ �.rJ.. AND CONTIGUOUS TO THE OREGON ELECTRIC RAI'l,'AY ( S.P. G S R.R,) RIGhT OF THE STATE OF DELAWARE IS THE TITLE OWNER OF 7HE LANDS IN BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, Q gOMM/ COMMISSIONER WAY; THENCE NORTHERLY ALONG T}IC EAST RIGI!T OF WAY OF SAI^ PO:ADtiAI A1.CN THE 5 E. 1/4 OF SECTION 1:, T.2S., R.1W., WILLAMETTE MER- PERSONALLY APPEARED L.E. HOYT AND E.A.FIAMMENGO, WHO, UNDER Q /O THE ARC OF A 1487.69 RCOT RADIUS CURVE TO THE LEFT 165 10 'F!:T iLO':G IDIAN, WASHINGLON COUNTY, CITY OF Ti G.ARD, STATE OF OREGON OATH DID DECLARE THAT HE, L.R. HOYT IS THE VICE PRESIDENT, �@� T� 'Gxe. CHORD BEARS \.D40 .e` 00" F. 16S.07 FEET) TO A 5/5" 1•.J'; ROD, S\i^. ROP SHOWN ON THE ANNEXED PLAT AND MORE PARTICULARLY DESCRIBED AND TH.`.T, HE E.A.FIAMMENGO IS THE ASSISTANT SECRETARY OF � � � � '"- COMMISstONLP BEING S5;'° 48' I4" E. 55.0 FEET FROM THE BFGINNING OF 11MN CURE". AT IN THE SURVEYOR'S CERTIFICATE HEREUNTO ATTACHED AND HAVE SOUTHERN PACIFIC TRANSPORTATION COMPANY A CORPORATION ORGAN- * * ��-•ti_��^•'-- ENGINEERS CF.NTBRLINE STATION 72- "S7,S, THENCE N08181'RLY ',LONG CAUSED THE SANE TO BE SURVEYED AND PLATTED INTO BLOCKS, IZED UNDER AND BY VIRTUE O°THE LAWS OF THE STATE OF DELAWARE .� I ! z cont MISSIONER EAST RIGHT OF WAY OF SAID ROAD,:.\Y (BEING 55,0 FLET FAS'.'1.!ct.'. 1F A SENRLCS LOTS AND STREETS AS SHORN AND TO BE DEDICATED"SOUTHERN AND THAT THE FOREGOING INSTRUMENT WAS SIGNED ON BEHALF OF N �' TRANSITION CURVE, S=40 40' W'I'TH (7) 35 FOOT CHORD, LEN-CHJ4D B AFS PACIFIC TIGARD INDUSTRIAL PARK"AND DOES HEREBY DEDICATE SAID CORPORATION BY AUTHORITY OF ITS BOARD OF DIRECTORS AND y E� S.01°47128'E. 235.42 FEET T'.: A S/S" IRON RID, SAID RJD B!1`:G A !'DICT ALL STLEETS TO THE PUBLTO FOR PUBLIC USE FOREVER SUBJECT ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME FREELY AND �!',r,•'" '• C.OMMISIONCR OF TANCFNCY, AND SLING N86° 51' 46•' E. S5.0 FEF'T FROM!'N61\11!RN S,\TION TO THE RIGHTS OF SOUTHERN PACIFIC TRANSPORTATION COMPANY, VOLUNTARILY. N•cw 72S . 56.8, BEGINNING CF SPIRAL. THISCL N.0>° 2N' 12' N. 1161. 1,'TO 1!i'- ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, MAINTAIN AND TRUE POINT OF BEGINNING. OPERATE TRACKAGE AND OTHER FACILITTES OVER, ALONG AND/OR WITNESS DI!'HAND AND OFFICIAL SEAL COM hI1SSIORGt ACROSS THE STREET AND THE EASEMENTS FOR SANITARY SEWERS THIS DAY AND YEAR LAST ABOVE WRITTEN. THE ATTACHED PLAT IS A TRUE AND CORRECT ",FPM SI'C7ATI(;': n' : \Ntl AND STORM DRAINS AS SHOWN. STREETS AS STAKED UPON THE GROUND I'•iTFI 5;;•' d 3 " IRD`• W'AI.,:" 1'.) S. STATE r OREGON) �•T- �` 0ountyOfW oA NO. 1061 YELLOW ESSPIASTIC CNPS :\T V.I. 90"NDAia ?U:NTS, LOC CD��115 A<!`- CURVE FOISTS UNLESS OT!iF.RW ISE SHOES. _ NOTARY PUBLIC FORT TE ';ALI FORNIA I ROGER THOMS=9- 4° Lereb7 1tnl (� L.E. OYT V E PRE IDF.NT arrarhed recoleed Ccs record o°9�. /� 9 AF'rROV1:D 1'Hls'-LZDAY OI'_��,�e,�_,lsl�, �1_ / /l2 MY COMMISSION EKPLRES MRvlit/ SUBSCRIBED AND SKORN TO BEFORE ?�THtS DAY OIL.<I:cd¢ ' oc, WAS' iON' NrY 91lRVLY0R 197 SOUTHERN PACIFIC TRANSPORTATION CO. t de/ �.T,OYAr..<`-rr.%trt' 'r; - ,/,j HY \CC 8.T.OYARZO �•• d recorded ao Pap. R C CORAORAT/ON NOTARY PUBLIC-CALIFORQ. NIA' ,,g ro,d,. P acrid p/�q/F SEAL 1 PRINCIPAL PuCg OP W51Nf3S;II arty APPROI^..n TIIIS/yt9_)AY OI' 1°7 P, Q., SCAT. .A.FIAMM NOO ASSISTANT R TARN 0tn Aro couNtt Or �.v.m..'�,p,,my,�.b/fg'n'd sc enc rand.00l of attA.,u)ft d. H)AI.1 n nl r A'etn'': NOTARY PUBLIC OR HE 'TATE OF OREGON n L SOUTHERN PACIFIC TRANSPOR TION CO. Nt.D.mm�x.�a:ohe: u.1Re1 R eb;✓Yday ol�. MY CODMISSION EXPIRES THE aan,16AY OF lI,.eFf' I WY j"� ROGER 1,7 TT��HHxOM�SS£N,Dkle , Rq l Y I n C AiN Af^'