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