Loading...
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. PJM/dr IT 7 mr sm ter !` in 'T an ter ben" beft"*0 80"Go cove"calmew ' OR AMPO 20, _M, Md 1�*0 bOM OCR" to mad ". 1 ! 41001004"that INolon. m w 30.1# . X. W. Pa"4010 at at, of t'� �s�Mo��t'r, did!'�M wAM tbta AdMw1 a M tot�ww�Ma dodges"t0 11004 S. Wa fAme mrsat as shp11'It as IM}LaR 01'two Aan iesota, 11� IIpCd . amos, ad that•ow dm i0 dw ` r "Saw! as MNums o3 go ratdwsy 9weems to bo 900odedy -116 it WA 00 kwo so so mam WA 77 *am Ike SOMMU Of fit.W. as 040 MOOM 00 � SW � + !po d��Nt► al tMa Mast pwiw No i sart ��, �rr,tt td 400111001"�� i r * A at tlM I MM osd Wim'for so bood Mt GO Sold Padua. and I 5 tq!. MM 6_71t1� tR skid !►Ille vxsww at stat imoovams mac: " to!b � ° .fit ��N t1N►f '; � �► F a� i 8 16 a" 9 of jCabls lora Trach In the 9.8. 1/4 of Section 12,12S.. ... _ "W, W.M., Washington County, Oman. S it is twom RR MVRD MSD CRM UD that the county surveyor of Washing 4 tas Covay be ad be is hereby audmued and directed to surto that portions o4 said f e+asAmm* herein vacated as vocated upon the plats and records of Washington County. f It is turtbsr R1iR MVBD MM QRMMD that*a property In said roadway busby vesohd oboU ova t to and beoom the propoll of the adjoining propatty R owners ho1dag and awMag p a"ty wtOW said&We Ara Trach. p DAM this lat day d•apleatbar, 1944. is it m3m OF COUNTY GO11tbtltlplt 12 Of W1 T0lt CCt !!, Olt i WHAM 14 .;;Z� 1 /1 , awww t9 i 44� amatp.do '' ` w4 rs<JIYe1Q a t M'tii11,�Cia11�' • y, wYwq p�Al�wr ad elm" Ak r . b �" 16 - ">1 d o 0 L w a U 'C � a o c ~ !J N r W lGj r ® cam° Q Y I � a o N U _ w �t QLL- = a N O U N ? O p J � LL- � 6n =- m Z �f Z w \ w 3 ? w > Li fY , w ' z ° O LL N rn i j D ; 1 iS6'S8 Z i \ I ,L(3"89t - 88l /-9'99L ( ,LS 88l LS 88t LS 88l SLS 88! fl 00 _ nI NI � / I (\.JO �Wu-) � , < YWz r � W(1 1 N W � 0z I Ln (.!J z_ — — 88S 881t,L5 �