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92-083221 & 92-057687 ~ Greenburg Road ~ Center Street RETtJRN RECORDED DOCUMENT TO: >` CITY RECORD; TIGARD 92083221 0"Q 98057687 �"��' , PO BOX 2339' rr� h �,. Washington County TIGARD OR 97223 .+► � This document is being RE-RECORDED to correct legal descriptio CITY OF TIGARD, OREGON a" ORDINANCE NO. 92 - 22- AN 2AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW GREENBURG ROAD, AT THE NORTHEAST CORNER OF THE INTERSECTION OF SW GREENBURG ROAD AND SW CENTER STREET, IN THE CITY OF TIGARD, WASHINGTON to COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on May 26, 1992; and WHEREAS, This portion of SW Greenburg Road is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, the purpose for this vacation is to vacate a portion of SW Greenburg Road that is no longer needed because access is available to all abutting properties; and WHEREAS, the vestee of this property, Mrs. Margaret Davis, supports this vacation; and WHEREAS, the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, the City of Tigard (Grantor) has signed an agreement for negotiated settlement for purchase of property rights for the Greenburg Road Realignment Project parcel two, which is the impetus for this vacation request; and WHEREAS, all affected service providers, including utility companies and emergency services, have reviewed the vacation proposal and have 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 TMC 15.08.040, the Recorder posted notice in the area to be vacated and published notice of the public hearing; the owners of the majority of the area affected have not objected in writing; and WHEREAS, the Council having considered the request on July 14, 1992, finds that it is in the public interest to approve the request to vacate that certain portion of public street right-of- way- for SW Greenburg Road because t1e1ib is in rest will not be C:erR e�to be aFrue Copy of �ORDINANCE NO. 92-dam Original on filec� Page 1 y: � LIP City Recorder - City of Tigard 7LD l X/ prejudiced by the vacation as provided by ORS 271. 120 and TMC Section 15.08. 130 NOW THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of public street right-of- way, as described on the attached Exhibit A (map of area to be vacated) , Exhibit B (November 1, 1990 agreement between City of Tigard and adjacent land owner) , and Exhibit C (legal description of area to be vacated) and by this reference made part hereof. SECTION 2 : In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council, approval by the Mayor, and after a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. PASSED: By vote of the Council members present after being read by number and title only, this 14th day of July, 1992 . r Catherine Wheatley, City Rec46rder APPROVED: This day of , 1992 . Approved as to form: Gerald R. Edwards, Mayor 6.&&J,4� • City Attorney ~111WC2- Date rp\davis.ord ORDINANCE NO. 92-2 2 Page 2 EXHIBIT A NW 1 /4 SE 1 /4 SECTION 35 T1 S, R1 W, W.M. 1 CITY OF TIGARD WASHINGTON� GTON COUNTY, OREGON SCALE 1"=20' M=20 EXISTING ROW UNE � g � FdJ ILDING DESCRIBED —► AREA EXISTING ROW UNE EW ROW UNE G)�� s� TPOB EMSTING ROW UNE A' and POB V,A AREA ra ,e,E_ �i VAC'47ED AS PeR` A77'6RNEYs A6REEME�/7' O 3 � I IS, CREW CORRIGAN O ' ATTORNEYS AT TAW JEFF H.BACHRACH `L 199 BALLOW&WRIGHT BUILDING CLACKAMAS COUNTY OFFICE CHARLES E CORRIGAN• ND V 7 N.W.Hoy[Sweet 181 N.Gram Suite 202 STEPHEN F.CnW REESE P HASTINGS -{� Q� .11GA�"d.Oregon 97209 �(03)) 266-1149 b%Oregon 013 VVU11AM A.MONAHAN GI 1 ` TELEPHONE: (03) 222-4402 MARK P.OT ONNILL FAX: (03) 243-2944 DENNIS M.PATERSON III JAMES M.COLEMAN TIMOTHY V.RAMIS REAM REPLY TO PORTWO OFFICE KENNETH M.EUIOTT SHEILA C.RMGWAY• GARY M.GEORGEFF' WIIJJAM J.STAINAKER ROBERT J.McGAUGHEY• allovember-,W= 1990­Y:=s specw Cmmd Am Mmirod to Prada is Sa to at waddotm. Ms. Margaret D is �/ c/o Roger erson, Esq. �rcnpk 8865 S.W enter St. P.O. B 23006 Tg , OR 97223 e: Agreement for Negotiated Settlement for Purchase of Property Rights for the Greenburg Road Realicmment Project Parcel 2 Dear Ms. Davis: The City of Tigard is planning the construction of _the above- captioned project. As you are aware through our discussions, property you own will be affected by this project. . A Warranty Deed and Temporary Construction Easement will be necessary in order to give the City of Tigard the legal right to complete the construction of the street. In exchange for executing the documents and granting the above rights, and subject to approval, the City of Tigard agrees to the following: 1. To compensate you, in full, for the Warranty Deed and Temporary Construction Easement in the amount of $1,835.00, including paving and curbing mentioned below. 2. To clean up the construction debris at the conclusion of the project and replace asphalt paving, which is removed to accommodate the street construction work, located in the area with the temporary easement to the back edge of the new sidewalk. 3. To terminate the edge of the new sidewalk no closer than one foot away from the foundation wall at the end of the existing building facing Greenburg Road. 4. To convey to Ms. Davis by Bargain and Sale Deed, all of the City of Tigard's interest in that portion of the 1 � V U 1 0 1 T 0 UDONNEL.L, RAMIS, CREW CORRIGAN Ms. Margaret Davis November 1, 1990 Page 2 existing S. W. Greenburg Road right-of-way which is located north of a line drawn 0.5 feet north of the back edge of the new sidewalk, which shall include that portion within 1.0 feet of the foundation wall of the existing building on the end of the building facing S. W. Greenburg Road, with said legal description to be determined by a survey performed by the City of Tigard at the completion of the S. W. Greenburg Road Project and the.Axacation-•and-+transfer•-af�t tle ttowsa d-*property to�Ms-:•.x-DavisA,tO,,be*complete 4ubefore==iTulyt-.l4z�1992. The City of Tigard will initiate vacation of this portion of its interest in the existing S. W. Greenburg Road right- of-way. However, the City of Tigard's obligation to convey such interest remains contingent upon the final approval of such proposed right-of-way vacation. The City of Tigard further agrees to take reasonable steps necessary to assist Ms. Davis in obtaining clear title to the described property in the event that any other interests in or claims to said property appear. ' 5. To construct an extruded curb approximately 3 feet north and parallel to the back edge of the new sidewalk adjacent to the existing parking lot behind Ms. Davis' existing building. The total compensation for the above is $1,835.00. Payment will be made in approximately 30 days. Thank you .for your cooperation with the City. Sincerely yours, Of ELL, RAMIS, W & CORRIGAN Ke th� 10 KME/RPH/smc 1or�V1ve.Vk.rr 5 5 poll FXI-1IRIT r- Street Vacation A tract of land located in the N.W. 1/4 of the S .E 1/ of Section 35, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington, Oregon, more particularly described as follows : Beginning at a point on the North right-of-way line of S .W. Greenburg Road intersecting the North right-of-way line of S .W. Center Street; thence along the North right-of-way line of S .W. Greenburg Road as defined by County Survey number 24, 103 and recorded in said County Land Surveyor' s office, North 45°45152" West, 16 . 3 feet to a point 1 . 00 feet when measured perpendicular with the existing building foundation, said point being the TRUE POINT OF BEGINNING; thence South 52038' West, 9 . 33 feet to a point; thence North 370 56' West, 28 . 9 feet to point; thence North 520 38' East, 5 . 34 feet to a point on the North right-of-way line of S .W Greenburg Road, the three previous calls being parallel with and one foot south, east and north of the existing building foundation; thence along the North right-of-way South 45145152" East, 29 .2 feet to the point of beginning. STATE OF OREGON County of Washington SS I,Jerry R.Hanson Director of Assessment and Taxation and°`Ex-officio Aecorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county:; ,ferry R. Hanson, Director of Assessment and Taxation, Ex- Officio Oounty Clerk Doc : 9208.3221 Rect: 89314 68. 00 1.1/20/1992 01: 36: 18PM EXHIBIT C 7 ,,...--- O'DONNELL, RAMIS, CREW & CORRIGAN ATTORNEYS AT LAW JEFF H. BACHRACH BALLOW&WRIGHT BUILDING CLACKAMAS COUNTY OFFICE MARK L.BUSCH 1727 N.W.Hoyt Street 181 N. Grant, Suite 202 CHARLES E. CORRIGAN* Portland, Oregon 97209 Canby, Oregon 97013 STEPHEN F. CREW (503) 266-1149 CHARLES M. GREEFF TELEPHONE: (503) 222-4402 WILLIAM A. MONAHAN FAX: (503) 243-2944 NANCY B. MURRAY JAMES M. COLEMAN MARK P. O'DONNELL PLEASE REPLY TO PORTLAND OFFICE KENNETH M. ELLIOTT TIMOTHY V. RAMIS Special Counsel SHEILA C. RIDGWAY* MICHAEL C. ROBINSON** WILLIAM J. STALNAKER July 23, 1992 RECEIVED PLANNING •ALSO ADMITTED TO PRACTICE IN STATE OF WASHINGTON ••AiSO ADMITTED TO PRACTICE IN WISCONSIN JUL 271992 Roger F. Anderson, Esq. Anderson & Dittman Tigard Professional Center 8865 SW Center Street P.O. Box 23006 Tigard, OR 97223 Re: Your Client: Margaret Davis Dear Mr. Anderson: At its July 14, 1992 meeting, the City Council approved a vacation ordinance for a portion of Greenburg Road. I understand from the City Planning Department that the vacation will be recorded shortly. Pursuant to our agreement of November 1, 1990 wherein we agreed to provide Ms. Davis a bargain and sale deed for the vacated portion of SW Greenburg Road, I have sent the deed to the City of Tigard for execution. Once it is executed, they will send you a copy. The recorded document will be returned to you. Please call me if you have any questions concerning this matter. Very truly yours, O'DONNELL, RAMIS, CREW & CORRIGAN Michael C. Robinson MCR/bjd mcr\tigard\90024-11\Anderson.Lt2 cc: Ron Pomeroy 0'D1I!7NNELL, RAMIS, CREW & CRIGAN ATTORNEYS AT LAW JEFF H.BACHRACH BALLOW&WRIGHT BUILDING CLACKAMAS COUNTY OFFICE MARK L.BUSCH 1727 N.W.Hoyt Street 181 N. Grant, Suite 202 CHARLES E. CORRIGAN* Portland, Oregon 97209 Canby, Oregon 97013 STEPHEN F. CREW (503) 266-1149 CHARLES M. GREEFF TELEPHONE: (503) 222-4402 WILLIAM A. MONAHAN FAX: (503) 243-2944 NANCY B.MURRAY JAMES M. COLEMAN MARK P. O'DONNELL PLEASE REPLY TO PORTLAND OFFICE KENNETH M. ELLIOTT TIMOTHY V. RAMIS Special Counsel SHEILA C. RIDGWAY* MICHAEL C.ROBINSON** July 20, 1992 RECEIVED PLANNING WILLIAM J. STALNAKER *ALSO ADMrrMD TO PRACnCB IN STATE OF WASHINGTON J U L 2 2 1992 **AISO ADMnTED TO PRACLICH IN WISCONSIN Ron Pomeroy, City Planner City of Tigard 13125 S W Hall Tigard, OR 97223 RE: Margaret Davis Bargain and Sale Deed Dear Ron: The City Council approved the vacation for Margaret Davis, and our office has drafted a BARGAIN & SALE DEED. I am enclosing the Deed for you to have executed and recorded. Please send me a copy of the executed Deed, and I will forward it on to Mr. Anderson to show him it has been executed. Very truly yours, O'DONNELL, RAMIS, CREW & CORRIGAN Michael C. Robinson MCR/llr enc. CITY OF TIGARD, OREGON RESOLUTION NO. 92-Q c-) A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW GREENBURG ROAD, AT THE NORTHEAST CORNER OF THE INTERSECTION OF SW GREENBURG ROAD AND SW CENTER STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. ------------------------------------------------------------------- WHEREAS, an agreement to vacate and transfer title for a portion of the SW Greenburg Road right-of-way was signed by the City Attorney's Office on November 1, 1990; and WHEREAS, this portion of SW Greenburg Road is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, the property owner, Margaret Davis, supports this vacation; and WHEREAS, SW Greenburg Road, in the vicinity of the area proposed for vacation, has been realigned so that the portion of the right- of-way being considered for vacation is no longer needed; and WHEREAS, the property owner will be required to provide easement(s) for any utilities located within the area proposed for vacation; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: ( 1) The Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings; and (2) A public hearing is hereby called to be held by the City Council on Tuesday, July 14, 1992, at 7:30 PM at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said right-of-way; and (3) the City Recorder be, and (s)he is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the RESOLUTION NO. 92-,,?t;_ PAGE 1 form hereto attached and by this reference made a part hereof, the first publication to be June 4, 1992 and the final publication to be on June 11, 1992 . The Recorder be, and (s)he is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated; and (4) That the particular portion of granted public right-of-way to be vacated is shown on the attached sheet labeled Exhibit "1" and by reference made a part thereof. / "Fl� PASSED: This c(�/- day of L(i, 1 , 1992 . ATTEST: yor - ity o igard City Recorder - City of Tigard RESOLUTION NO. 92- 0-5 PAGE 2 EXHIBIT A NW 1 /4 SE 1 /4 SECTION 35 T1 S, R1 W, W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON SCALE 1"=20' EXISTING ROW UNE �FOJ BU LDING OF DESCRIBED -• AREA EXISTING ROW UNE EW ROW UNE s� TPOB EXISTING ROW UNE ^ and POB �Q T) IS, CREW & CO IGAN L D q ATTORNEYS AT LAW JEFF H. BACHRACH n 99 CLAC KAMAS COUNTY OFFICE CHARLES E. CbRRIGAN* V G BAI.I.OW&WRIGHT BUILDING ��O 49 27� N.W.Hoyt Street 181 N.Grant, Suite 202 STEPHEN F.CSV /� GAC[I•9and,Oregon 97209 Canby, Oregon 97013 WILLLLIAM HASTINGSESE P. - MNAAHAN V1�� OV �1 TELEPHONE: (503) 222-4402 (503) 266-1149 MARK P.O'DONNELL FAX: (503) 243-2944 DENNIS M. PATERSON III JAMES M.COLEMAN TIMOTHY V.RAMIS PLEASE REPLY 70 PORILkND OFFICE KENNETH M. ELLIOTT SHEILA C. RIDGWAY* GARY M.GEORGEFF' WILLIAM J. STALNAKER ROBERT J. McGAUGHEY• November 1, 19 9 o SPecW Counso *Aho Admitted to Practice in State of Washington �l Ms. Margaret D is c/o Roger A erson, Esq. Cp�0y 8865 S.W. enter St. P.O. B 23006 Tig OR 97223 e: Agreement for Negotiated Settlement for Purchase of Property Rights for the Greenburg Road Realignment Project Parcel 2 Dear Ms. Davis: The City of Tigard is planning the construction of _the above- captioned project. As you are aware through our discussions, property you own will be affected by this project. . A Warranty Deed and Temporary Construction Easement will be necessary in order to give the City of Tigard the legal right to complete the construction of the street. In exchange for executing the documents and granting the above rights, and subject to approval, the City of Tigard agrees to the following: 1. To compensate you, in full, for the Warranty Deed and Temporary Construction Easement in the amount of $1,835. 00, including paving and curbing mentioned below. 2. To clean up the construction debris at the conclusion of the project and replace asphalt paving, which is removed to accommodate the street construction work, located in the area with the temporary easement to the back edge of the new sidewalk. 3. To terminate the edge of the new sidewalk no closer than one foot away from the foundation wall at the end of the existing building facing Greenburg Road. 4 . To convey to Ms. Davis by Bargain and Sale Deed, all of the City of Tigard's interest in that portion of the EXHIBIT B UDONNELL, RAMIS, CREW & CO*I RIGAN Ms. Margaret Davis November 1, 1990 Page 2 existing S. W. Greenburg Road right-of-way which is located north of a line drawn 0.5 feet north of the back edge of the new sidewalk, which shall include that portion within 1.0 feet of the foundation wall of the existing building on the end of the building facing S. W. Greenburg Road, with said legal description to be determined by a survey performed by the City of Tigard at the completion of the S. W. Greenburg Road Project and thee_vacation and= transfer�of.,title _tosaid 'property to ,Ms._- Davis.:to be -completed>TbeforeaxJuly %1; 1992. The City of Tigard will initiate vacation of this portion of its interest in the existing S. W. Greenburg Road right- of-way. However, the City of Tigard's obligation to convey such interest remains contingent upon the final approval of such proposed right-of-way vacation. The City of Tigard further agrees to take reasonable steps necessary to assist Ms. Davis in obtaining clear title to the described property in the event that any other interests in or claims to said property appear. 5. To construct an extruded curb approximately 3 feet north and parallel to the back edge of the new sidewalk adjacent to the existing parking lot behind Ms. Davis' existing building. The total compensation for the above is $1,835. 00. Payment will be made in approximately 30 days. Thank you for your cooperation with the City. Sincerely yours, O' O NELL, RAMIS, REW & CORRIGAN � fl 1 Ke �h � 10 KME/RPH/smc Oo/rpt✓ugaWdavu.hr • , ,*moo, Street Vacation A tract of land located in the N.W. 1/4 of the S .E :44 of Section 35, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington, Oregon, more partic;:larly described as follows : Beginning at a point on the North right-of-way line of S .W. Greenburg Road intersecting the North right-of-way line of S .W. Center Street; thence along the North right-of-w;ay line of S .W. Greenburg Road as defined by County Survey number 24, 103 and recorded in said County Land Surveyor' s office, North 45045152" West, 16 . 3 feet to a point 1 . 00 feet when measured perpendicular with the existing building foundation, said point being the TRUE POINT OF BEGINNING; thence South 52138' East, 9 .33 feet to a point; thence North 370 56' East, 28 . 9 feet to point; thence North 520 38' West, 5 . 34 feet to a point on the North right-of-way line of S .W Greenburg Road, the three previous calls being parallel with and one foot south, east and north of the existing building foundation; thence along the North right-of-way South 45145152" East, 29 .2 feet to the point of beginning. grnburgl.vac EXHIBIT C NOTICE OF PUBLIC RIGHT-OF-WAY VACATION HEARING A PORTION OF SW GREENBURG ROAD The Tigard City Council will hold a public hearing on Tuesday, July 14, 1992, at 7:30 p.m. at the Tigard City Hall Town Hall Room, 13125 S.W. Hall Boulevard, Tigard, Oregon, to consider the proposed vacation of a portion of S.W. Greenburg Road at the northeast corner of the intersection of S.W. Greenburg Road and S.W. Center Street. The request was initiated by the City Council on May 26, 1992. Any interested person may appear and be heard for or against the proposed vacation of said public right-of-way. Any written objections or remonstrances shall be filed with the City Recorder by July 14, 1992, by 7:30 p.m. TT Publish: June 4, 11, 1992