84-010484 ~ Kable Street ~ Center Street 64010484
CITY OF TIGARD, OREGON
ORDINANCE NO. 83-,g_3_
AN ORDINANCE VACATING S.W. KABLE STREET, A PUBLIC RIGHT-OF-WAY IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that Resolution No. 83-27 was adopted by this
Council pursuant to ORS 271.100 on March 14, 1983, and related to the vacation
of S.W. Kable Street, a public right-of-way in the City of Tigard, Washington
County, Oregon. Resolution No. 83-27 also called a public hearing to be held
on April 18, 1983, and directed that notice of said hearing be given as
required by ORS 271.130.
Section 2: the Council further finds that a public hearing as thereby called
to be held as duly and regularly held at the regular Council meeting on April
18, 1983, at which time and place the Council afforded all interested persons
an opportunity to be heard for or against the proposed vacation of said lands,
and the Council further considered all objections thereto, in accordance with
ORS 271.080 to 271.130.
Section 3: The Council further finds that the City Recorder has certified
that all city liens and all taxes have been paid on the property proposed for
vacation and that a majority of the owners of the area affected by said
proposed vacation, computed on the basis provided in ORS 271.080, did not
object thereto in writing and that all owners affected thereby did, in fact,
favor the vacation of said area; and the Council finds that said vacation will
not substantially affect the market value of any abutting property.
Section 4: The Council further finds that the public interest will not be
prejudiced by the vacation of the hereinafter described S.W. Kable Street and
that the said land is not useful as part of the public street, utility or road
system of the City of Tigard and that it is in the public interest that said
vacation be approved.
Section 5: The following described land is hereby vacated:
All of the dedicated 20 feet S.W. Kable Street between Lots 1, 2, 3,
4, 5, 10, 11, 12, 13 and 14 of KABLE ACRE TRACTS in the S.E. 1/4 of
Section 12, T.2S. , R.1W. W.M. , City of Tigard, Washington County,
Oregon.
ORDINANCE NO. 83-_,L-�_
r
Section 6: That the City Recorder be, and she is hereby authorized and
directed to have a certified copy of this ordinance filed for record with the
following Washington County departments:
1. Department of Records & Elections
2. Department of Assessment & Taxation - Attn: County Assessor
3. Department of Public Works - Attn: County Surveyor
Section 7: This ordinance shall become effective after such time as other
right-of-way under the control of the Southern Pacific Company and necessary
for the improvement of the 72nd Avenue project is dedicated to the City of
Tigard at no 'cost to the City or if the dedication occurs before the 30th day
after enactment by the Council and approval by the Mayor, then the ordinance
shall be effective on and after the 30th day of said enactment and approval.
PASSED: By & ,,�a "/," o , 5 vote of all Council members present, after
being read by title only, this __2S day of t/ ,�,. '/ 1983.
Recorder - City of T• and
APPROVED: By the Mayor, this day of 1983.
Mayor - City of Tigard 7-
STATE OF OREGON )
)
City of Tigard )
I, 1.01',EEN R. WILSON, hereby certify that I aui the duly appointed, qualified
and acting Deputy Recorder for t.hc City of 'Tigard, Orel,on.
I further certify that I have compared the lcerewith copy of Ordinance
No. '93 -�3 of the City of Tigard with the or4,it�al in my possession
as custodian of the official records of the City of Tigard, and that the
herewith copy is a correct transcript of the whole of Ordinance
Ito WITNESS WHEREOF I have hereunto set. m hand and the seal of the laity
of Ti_Bard this In-f" day of J _aV-C .
Deputy City Recorder
STATE OF OREGON
County of Washington SS
ORDINANCE N0. 83- .�� I,Donald W,Mason,Di[ectarnfAssessment
PACE 2 and Taxation and Ex-Officio Recorder of Con-
(0458A) veyances for sold county,d her,6bygertify that
the within, instrument of waiting i+as Teceived
and recorded in book of records of aid-county.
DtlaCd W. Meson Director of
rn
Ass#ssent and T iaji`on, Ex-
/!'�� . Officio Chief Deputy (,:i'ierk
19F4 V �1;, 2 1 nM 8: 50
1j1U41iHh C 1 Hit O• JU - - -
o Councilor Scott noted that several dates were suggested for the
Council Leadership Training Program. Discussion followed and Council
consensus was to discuss this at a later date.
o Councilor Scott thanked staff for including Pacific Mobil Oil letter.
o Motion by Councilor Brian, seconded by Councilor Scott to receive and
file Council Calendar and letter from Pacific Mobil Service Center.
o Approved by unanimous vote of Council.
9. INTRODUCTION OF FINANCE DIRECTOR JERRI WIDNER BY CITY ADMINISTRATOR.
o City Administrator briefed Council about new Finance Director's
education, background, accounting and finance experience.
10. KABLE STREET VACATION
o Public Works Director reported that at the last regular meeting staff
was directed to prepare an ordinance. This is a standard ordinance
for street vacations except for the last section, where clause is
added to require Southern Pacific Company to dedicate the necessary
right-of-way on 72nd Avenue at the condition of the vacation of Kable
Street. The ordinance will not become effective until such time as
necessary right-of-way on 72nd Avenue is dedicated.
11. ORDINANCE NO. 83-23. AN ORDINANCE VACATING SOUTHWEST KABLE STREET, A
PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
Motion by Councilor Brian, seconded by Councilor Scheckla to adopt.
L0 Lo Approved by unanimous vote of Council.
12. ATLANTA/PACIFIC ENGINEER'S REPORT.
o Public Works Director commented that Cooper Consultants, Inc. had
been commissioned in February to prepare an Engineering Report and
Feasibility Study. Boyd Davidson of that firm made a presentation of
their findings.
o Discussion followed by Council members regarding storm drainage
runoff, ownership of property, construction cost comparisons,
Engineering Administrative costs, assessment methods, etc.
PAGE 3 - COUNCIL MINUTES - APRIL 25, 1983
`00,
8. SECOND READING BY CITY RECORDER OF ORDINANCE NO. 83-20
o ORDINANCE No. 83-20. AN ORDINANCE AMENDING THE NATURAL
FEATURES AND OPEN SPACE ELEMENT OF THE
TIGARD COMPREHENSIVE PLAN FOR THE
PURPOSE OF AMENDING THE
FLOODWAY/GREENWAY POLICY; AND DECLARING
AN EMERGENCY.
o Motion by Councilor Brian, seconded by Councilor Scott to adopt.
o Approved on second reading by 4-1 majority vote with Councilor
Scheckla voting NAY.
9. KABLE STREET VACATION.
o Public Hearing Opened.
o No public testimony.
o Director of Public Works summarized request initiated by the City,
and recommended Staff be directed to return with an ordinance
approving the vacation to within 30' of center line of SW 72nd Avenue
with the condition Southern Pacific dedicate that portion of 72nd
right-of-way for completion of project.
o Public Hearing Closed.
o Motion by Councilor Brian, seconded by Councilor Cook to direct staff
as outlined by Public Works Director to create ordinance with
conditions as stated.
o Approved by unanimous vote of Council.
10. L.I.D. UPDATE REPORT.
o Director of Public Works gave a brief verbal report on current
L.I.D. 'S, with the comment that the oldest local improvement district
which is not complete is L.I.D. #21, 72nd Avenue. All utilities have
been moved and work should progress quickly now that weather is
favorable.
o Councilor Scott suggested putting off discussion until she has
something in writing.
o Council consensus was to wait for written report by Director of
Public Works.
11. BENEFITS RECOMMENDATION DISCUSSION.
o Administrative Assistant Linda Sargent reported on the Benefit
Package.
PAGE 3 - COUNCIL MINUTES - APRIL 18, 1983
�r
March 31, 1983
TO: Frank Currie, Director of Public Works
FROM: Randy Clarno, Survey Section Chief
SUBJECT: Kable Street Vacation Description
Please find attached the corrected S.W. Kable Street Description as per your
request (memo dated 3/27/83) .
EXHIBIT A
DESCRIPTION
All of the dedicated 20 feet of S.W. Kable Street between Lots 1, 2, 3, 4, 5,
10, 11, 12, 13, and 14 of KABLE ACRE TRACTS, excepting therefrom that portion
lying within 30 feet of the centerline of S.W. 72nd Avenue. Said street and
Plat being located in the S.E. 4 of Section 12, T.2S. , R.1 W. , W.M. , City of
Tigard, Washington County, Oregon.
W+° Now
March 29, 1983
TO: John Hagman, Engr. Supt
FROM: Frank Currie, Public Works Director
SUBJ: Kable Street vacation description
Please ask Randy to revise the Kable Street vacation description to reflect
a 30' reservation from the centerline of SW 72nd Avenue. The current
description would vacate to within 20' of the 72nd centerline. (See attached
letter from DeHaas)
DE HAAS & ASSOCIATES, INC.
CONSULTING ENGINEERS&SURVEYORS
SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070
9450 S.W. COMMERCE CIRCLE
(503) 682-2450
March 22, 1983
Frank A. Currie, P.E.
Director of Public Works
City of Tigard
P.O. Box 23397
Tigard, Oregon 97223
Dear Frank:
Attached is a Notice of Public Hearing on proposed vacation of a portion
of Kable Street that we plucked out of the March 17, 1983 issue of the
Tigard Times.
We note that vacation includes all of Kable Street, leaving only 20 feet
from center line on 72nd Avenue. I am sure this is an oversight and
that in no case would you want to vacate any portion of Kable Street
within a distance of 30 feet from the 72nd Avenue center line.
We should also note that we have still not acquired the necessary right-
of-way on Ident 63 (S.P.T.C. ) and perhaps the City of Tigard should
ensure that a 10 foot strip along 72nd Avenue is dedicated before
vacating the subject Kable Street property.
Sincerely,
MARLIN J. E HAAS, P.E.
MJD/slc
Attachment
cc: Ident 63
k yC:.r..
sd r r A-
AA
!A
t x
CITY OF TIGARD, OREGON
CITY OF TIGARD .:;//,/SS
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF A PORTION OF S.W.KABLE STREET A 20
FOOT WIDE DEDICATED PUBLIC RIGHT-0F WAY IN THE CITY OF TI-
GARD,WASHINGTON COUNTY,OREGON.
Pursuant to Resolution No. 83-27 of the City Council of Tigard, adopted
March 14,1983,under authority of Chapter 271.130 Oregon Revised Statutes,a
public hearing will be held by the Council of Tigard at 7:30 P.M. on Monday,
April 18, 1983,at Fowler Junior High School,Lecture Room,10865 S.W.Walnut-
Street, Tigard, Oregon, with respect to the proposed vacation of the following
described portion of S.W. Kahle Street a dedicated public right-of-way in the
City of Tigard,Washington County,Oregon.
"EXHIBIT A"
DESCRIPTION
All of the dedicated 20 feet S.W.Kable Street between Lots 1,2,3,4,5,10,11,
12, 13 and 14 of KABLE ACRE TRACTS in the S.E. V4 of Section 12, T.2S.,
R.IW..W.M.,City of Tigard,Washington County,Oregon.
Any objections or remonstrances against said proposal to vacate said areas
may be made in writing and filed with the City Recorder prior to the date of
the hearing and all objections filed prior to the date of the hearing will be
heard and considered,and any person having an interest in the proposal may
likewise verbally be heard at said time and place.
By order of the City Council of Tigard,this 14th day of March, 1983.
Doris Hartig
TT6755—Publish March 17,24&31.April 7&14,1983. Cit'Recorder
20
TIMES PUBLISHING COMPANY Legal
P.O.BOX 370 PHONE(503)684-0360 Notice 7-6755
BEAVERTON,OREGON 97075
Legal Notice Advertising
City of Tigard
• ❑ Tearsheet Notice
•P.O. Box 23397 • ❑ Duplicate Affidavit
Tigard, Oregon 97223
AFFIDAVIT OF PUBLICATIONC4
STATE OF OREGON, )ssj11
COUNTY OF WASHINGTON, ) . Q
Susan Pinkley ¢
tW V42
being first duty sworn, depose and say that I am the Advertising � �tit �, �Vag ' �'� � •.;�, ''�
Director, or his principal clerk, of the Tigard T;mP _ a a o �:
a newspaper of general circulation as defined in ORS 193.010 a"? v ► `
and 193.020; published at Tigard in the x Z
t7 as Ci
aforesaid
Ncoo ntze andofsPtau�lt that the
zc Hearing FkS Z � c :" jai
...
a printed copy of which is hereto annexed, was published in the A z iJ r.
entire issue of said newspaper for 5 successive and v z I - �`
consecutive in the following issues: � a M ..a` c� Vale
° o
March 17,24,31 April 7,14,1983 C � p
Subscribed and n to before me thisen AAPR83 W A "
0Ax ��
Notary Public for Oregon Q' 4--, •+ �
My Commission Expires:3/16/87 p
AFFIDAVIT
In the Matter of the Proposed
VACTION OF A PORTION OF SW KABLE ST. A 20 FOOT WIDE DEDICATED RIGHT-OF-WAY IN
THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
STATE OF OREGON )
County of Washington) ss.
City of Tigard )
I, Robert R. Landis being first duly sworn, on oath
depose and say:
That I posted in the following public and conspicous places, a copy
of Notice of Public Hearing of the SW Kable Street Right-of-Way
a copy of said notice being hereto, attached and be
reference made a part hereof, on the 18th day of March , 19 83
1. Power Pole Nr. 1625, East Side of 72nd, North Side of Kable Street
2. Power Pole Nr. 1626, West Side of 72nd, Across From Kable Street
3. Power Pole Nr. 1627, North Side of Kable, 200 Ft. East of 72nd
4. Power Pole Nr. BA59, North Side of Kable, 400 Ft. East of 72nd
Subscribed and sworn to before this day of
Notary Public of Oregon
My Commission Expires:
Affidavit of Posting
t
CITY OF TIGARD
CllY OF 11GARD
NO'IICh OF PUBLIC HEARING
ON PROPOSED VACA11ON OF A PORTION OF S.W. KABLE STREET A 20 F001 WIDE
DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
Pursuant to Resolution No. 83-27 of the City Council of Tigard , adopted March
14, 1983, under authority of Chapter 271. 130 Oregon Revised Statutes, a public
hearing will be held by the Council of Tigard at 7:30 P.M. on Monday, April
18, 1983, at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut
Street, Tigard, Oregon, with respect to the proposed vacation of the following
described portion of S.W. Kable Street a dedicated public right-of-way in the
City of Tigard, Washington County, Oregon.
"EXHIBIT A"
DESCRIPTION
All of the dedicated 20 feet S.W. Kable Street between Lots 1, 2, 3, 4, 5, 10,
11, 12, 13 and 14 of KABLE ACRE TRACTS in the S.E. 1/4 of Section 12, T.2S. ,
R.1W. . W.M. , City of Tigard, Washington County, Oregon.
Any objections or remonstrances against said proposal to vacate said areas may
be made in writing and filed with the City Recorder prior to the date of the
hearing and all objections filed prior to the date of hearing will be heard
and considered, and any person having an interest in the proposal may likewise
verbally be heard at said time and place.
By order of the City Council of Tigard, this 14th day of March, 1983.
/s/ Doris Hartig
City Recorder
T1 Publish March 17, 24, and 31. April 7 and 14, 1983
w J
CITY OF TIGARD, OREGON
RESOLUTION NO. 83-�
A RESOLUTION CONCERNING VACATION OF A PORTION OF SW KABLE STREET A 20-FOOT
WIDE DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON.
WHEREAS, the area described on the attached sheet headed "Exhibit A"
and by this reference made a part hereof, is an undeveloped unused street
and/or alley dedicated to the public for highway purposes ; and
WHEREAS, the area described on said Exhibit "A" now lies within the
platted area of Kable Acre Tracts, a duly recorded subdivision of record in
said County; and
WHEREAS, the area described on said Exhibit "A" also lies within the
corporate boundaries of the City of Tigard, Oregon; and
WHEREAS, said described area does not serve a public highway purpose
and is so situated as to be of no usefulness now or in the future as part of
the public street system of the City; and
WHEREAS, it appears to be in the public interest that the said area
be vacated and restored to the tax rolls and made available for development
and use, reserving therein a public easement for said existing public service
utilities ; and
WHEREAS, pursuant to Chapter 271.130 ORS, the City governing body may
initiate vacation proceedings as authorized in Chapter 271.080 ORS.
NOW THEREFORE,
BE IT RESOLVED by the City Council of Tigard as follows:
(1) "That the public hearing is hereby called to be held by the City
Council of Tigard on Monday, April 18, 1983, at Fowler Junior High
School Lecture Room, 10865 SW Walnut Street, within the City of
Tigard, beginning at 7:30 P.M. , at which time and place the Council
shall hear any objections thereto, and any interested person may
appear and be heard for or against the proposed vacating of said
lands.
(2) "That the City Recorder be, and she is hereby, authorized and
directed to cause to have published in the Tigard Times, a newspaper
of general circulation in the City of Tigard hereby designated for
such purpose, a notice of said hearing in the form hereto attached
and by this reference made a part hereof, the first publication to be
made on the 17th day of March, 1983 and once each week thereafter for
five publishings in all.
RESOLUTION No. 83-
"The recorder be, and she is hereby, further directed to cause to
have posted within five (5) days after the date of first publication,
a copy of said notice in the form hereto attached, at or near each
end of the area(s) proposed to be vacated, and in addition, the
Recorder shall post a copy of said notice in at least two (2)
conspicuous places within the area(s) proposed to be vacated, all of
said postings to be accomplished within the time herein stated.
(3) "That the particular portion of dedicated street proposed to be
vacated in described on the attached sheet headed Exhibit "A" and by
this reference made a part hereof."
(4) "That a public easement(s) shall be reserved therein to provide
for existing utilities prior to final action hereinregard."
PASSED: By Council on the 14 day of /��(�y��L( 1983.
A
Mayor
ATTEST:
Recorder
RESOLUTION NO. 83-2_
Page 2
(0458A)
EXHIBIT "A"
LEGAL DESCRIPTION FOR VACATION PURPOSES
All of the dedicated 20 feet S.W. Kable Street between Lots 1, 2, 3, 4, 5, 10,
11, 12, 13 and 14 of KABLE ACRE TRACTS in the S.E. 1/4 of Section 12, T.2S. ,
R.1W. . W.M. , City of Tigard, Washington County, Oregon.
10. RESOLUTION NO. 83-27 A RESOLUTION CONCERNING VACATION OF A PORTION OF SW
KABLE STREET A 20-FOOT WIDE DEDICATED PUBLIC
RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON.
(a) Motion to adopt: Councilor Cook, seconded by Councilor Scheckla.
Approved by unanimous vote of Council present.
11. APPROVE ENGINEERING SERVICES AGREEMENT
(a) Motion to approve: Councilor Cook, seconded by Councilor Scheckla.
Approved by unanimous vote of Council present.
12. APPROVE ASH-PACIFIC LID #38 CONSULTANT SELECTION
(a) Motion to approve: Councilor Cook, seconded by Councilor Scheckla.
Approved by unanimous vote of Council present.
13. APPROVE RIGHT-OF-WAY ACQUISITION ON SW 72ND AVENUE LID #21
(a) Motion to approve: Councilor Cook, seconded by Councilor Scheckla.
Approved by unanimous vote of Council present.
14. COMPREHENSIVE PLAN - PLAN MAP AND INTERIM ZONING MAP
(a) Mayor announced the public hearing will be continued to March 17,
1983, 7:30 P.M. Fowler Junior High School.
15. SOLID WASTE AMENDMENT ORDINANCE NO. 83- AN ORDINANCE AMENDING THE
TIGARD MUNICIPAL CODE CHAPTER
11, SOLID WASTE MANAGEMENT TO
PERMIT RATE INCREASES.
(a) This item was set over to a date in the future by consensus of
Council.
16. ADJOURNMENT 12:15 A.M.
City Recorder
ATTEST:
Mayor
PAGE 8 - COUNCIL MINUTES - MARCH 14, 1983
Nome
March 10, 1983
MEMORANDUM
TO: MAYOR & CITY COUNCIL
FROM: PLANNING STAFF 4
SUBJECT: PETITION FOR VACATION OF S.W. KABLE STREET BETWEEN S.W. BOONES FERRY
AND S.W. 72nd
City staff has received a petition to vacate S.W. Kable Street between Boones
Ferry Road and S.W. 72nd from Southern Pacific Transportation Company.
Southern Pacific has paid a fee for processing the petition and has asked the
City Council to initiate the process. Since Southern Pacific owns all of the
property abutting both sides of the street to be vacated, staff sees no need
to require the petition signatures.
STAFF RECOMMENDATION:
Staff recommends that the City Council initiate the process to vacate S.W.
Kable street from S.W. 72nd to S.W. Boones Ferry Road.
pm
(0051P)
• -southern PacifW
Transportation Company
Room 251-N Union Station . 800 Northwest Sixth Avenue • Portland,Oregon 97209
L.L.PHIPPS
IN REPLY PLEASE REFER TO
SUPERINTENDENT
R.1.MELBO
ASSISTANT SUPERINTENDENT January 17, 1983 626-22
T.P.RUSSELL
ASSISTANT SUPERINTENDENT
J.W.FERGUSON
REGIONAL ENGINEER
R.A.ENGELBERT
AREA ENGINEER RECEIVED
Mr. Frank A. Currie JAN 2 0 1983
City of Tigard
Director of Public WorksOUIGMD
P.O. Box 23397
Tigard, OR 97223
Dear Mr. Currie:
Southern Pacific Transportation Company proposes to use
property in Kable Acre Tracts for expansion of automobile
storage facilities at Tigard, and wishes to petition for
vacation of Kable Street.
Attached are four prints of Oregon Division Drawing D-1839
showing area of Kable Street that we wish to request for
vacation. Also attached is voucher for payment as quoted
by you to this office for fee to process vacation of Kable
Street.
If additional information is required, please contact Area
Engineers Office, Portland, Oregon, telephone 228-8181,
ext. 303, Mr. McDonald.
Yours truly,
G�f7
Attach.
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