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90-32047 ~ Locust Street Certif--d to be a Trtmtopy 4 2S 3204 7 90- Orivso it on file It dP Washington County j f CITY OF TIGARD, OREGON By: % ("z ?' City Recorder - City of Tigard ORDINANCE NO. 90- Cate: _ -5/d / rC) AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WAY LOCATED ON A PORTION OF S.W. LOCUST STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on March 12, 1990; and WHEREAS, the reason and purpose for this vacation is to eliminate a certain portion of public street right-of-way in exchange for the dedication of new street right-of-way to accommodate the new alignment of S.W. Locust Street; and WHEREAS, all abutting property owners have demonstrated support for the proposed vacation; and WHEREAS, the vacation is recommended by the Planning Commission and the Community Development Department subject to certain conditions as listed below; and WHEREAS, all affected service providers including utility companies and emergency services have reviewed the vacation proposal and have no objections or concerns; and WHEREAS, in accordance with ORS 271.100, the TMC 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; 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, the Council having held a hearing on April 23, 1990 and May 14, 1990, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate that certain portion of public street right-of-way for S.W. Locust Street because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1. Weston Investment Company and the City of Tigard shall comply with the June 22, 1989 agreement between Weston and the City. Weston will convey to the City, by dedication deed on a form acceptable to the City, the property required for the realignment of S.W. Locust Street as described in Exhibit "B". 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with -ORDINANCE NO: go- / 3 ----_ -- --- ----- - page r RETURN RECORDED DOCUMENT T0: CITY RECORDER, TIGARD P 0 BOX 23397 TIGARD OR 97223 the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: 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" and Exhibit "C" (map), and by this reference made part hereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: Weston Investment Company and the City of Tigard shall comply with the June 22, 1989 agreement between Weston and the City. Weston will convey to the City, by dedication deed on a form acceptable to the City, the property required for the realignment of S.W. Locust Street as described in Exhibit "B" and Exhibit "C" (map) . SECTION 3: 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. SECTION 4: 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 (/�46 nI'M0645 vote of the Council members present after being read by number and title only, this day of �'�rc� 1_ , 1990. C Brine atley, City Recorde APPROVED: This / day of „1990. ral R. idwards, Mayor App owed as to form: City Att rney 1v Date LOCUST.ORD/kl ORDINANCE NO. 90- /3 2 Page 2 F estlake Consultants Inc. ltop Business Center 7340 S.W. Hunziker, Suite 204 Tigard, Oregon 97223 • 503-684-0652 Locust Street Vacation EXHIBIT. A Project No. 451-02-89 March 29, 1989 LEGAL DESCRIPTION A tract of land situated in the N.E. 1/4, Section 35, T.1S. , R.1W. , W.M. , City of Tigard, Washington County, Oregon, being more parti- cularly described as follows: All that portion of S.W. Locust Street dedicated as public way by the subdivision plat of "Lehmann Acre Tract", "Town of Metzger", and by dedication deed as recorded June 6, 1972, in Book 870 , Page 594, Washington County deed records, lying easterly of the west line of Lot 5, "Marlo Tracts", a duly recorded subdivision plat; lying westerly of the west line of vacation ordinances recorded in Book 964, Page 269 and Book 883, Page 102, Washington County deed records; and lying northerly of the following described line: Beginning at a point on the north line of the duly recorded subdivi- sion plat of "Town of Metzger" in the N.E. 1/4, Section 35, T.1S. , R.1W. , W.M. , said point also bears North 0 °26100 " West, 30 .00 feet from the northeast corner of Lot 3, Block 3 of said "Town of Metzger"; thence, South 89034100 " West, along the north line of said "Town of Metzger", 29.39 feet; thence, at right angles to said north line, North 0026100 " West, 30 .00 feet to a point of curvature and the true i point of beginning; thence following the arc of a 445.00 foot radius curve to the right (the long chord of which bears South 77040 '54" East, 196.44 feet) through a central angle of 25030111", a distance of 198.07 feet to a point of tangency; thence, South 64055149" East, 73.08 feet to a point of curvature; thence, following the arc of a 385.00 foot radius curve to the left (the long chord of which bears South 77036140 " East, 169.03 feet) through a central angle of j 25021141", a distance of 170 .42 feet to the terminus of said line. YEGiSTFR.ED i Contains : 2 , 680 sq. ft. rR0FESS10 N AL i. -IND Sti;,ZVEy02 t i ENGINEERING SURVEYING / PLANNING -------------- estlake Consultants Inc Hi Itop Business Center 7 40 S.W. Hunziker, Suite 204 Tigard, Oregon 972P3 503-684-0652 Locust Street , Dedication Tax Lot 700 , 1S1 35AA B11 EXHIBIT Project No. 451-02-89 u + u March 29, 1989 LEGAL DESCRIPTION A tract of land situated in the N.E. 1/4, Section 35, T.1S. , R.1W. , W.M. , City of Tigard, Washington County, Oregon, being more parti- cularly described as follows: All that portion of that tract of land, ' as described in conveyance to Weston Investment Co. , recorded in Fee No. -83-33175, Washington county deed records, lying northerly of the northerly line of that strip of land dedicated as public way, recorded June 6, 1972, in Book 870 , Page 592, Washington County deed records, and southerly of the following described line: Beginning at a point on the north line of the duly recorded subdivi- sion plat of "Town of Metzger" in the N.E. R.1W. , W.M. , said point also bears North 0 °26400 " West, 30 .00 feet' from the northeast corner of Lot 3, Block 3 of said "Town of Metzger"; thence, South 890341001` West, along the north line of said "Town of Metzger", 29.39 feet; thence, at right angles to said north line, North 0 °26 '00 " West, 30 .00 feet to a point of curvature and the true Point of beginning; thence following the arc of a 445.00 foot radius curve to the right (the long chord of which bears South 77040154" East, 196.44 feet) through a central angle of 25°30111", a distance of 198-07 feet to a point of tangency; thence, South 64055149" East, 73.08 feet to a point of curvature; thence, following the arc of a 385.00 foot radius curve to the left (the long chord of which bears South 77036140 " East, 169.03 feet) through 25021141", a distance of 170 .42 feet to the termintral angle of nus a central of said line. Contains : 2, 000 sq. ft, REGISTERED PROFESSIONAL LAND SURVEYOR O R EGO N JULY 13, 1919 ItoNARD SCHELSKY 1 8 4 1 LL--- ENGINEERING / SURVEYING / PLANNING SIIV 90TH-, AVE. 0 ' o o w < N C SW 90TH AVE.' o a w W o ° 0 0 0 a 8 W � 0 PO N OD OD co 0 w O O N r Cr �t Q w z n m o 0 m a O O O O ,.i. A N ICDLO -G' w M Q. O m iOM ANk A UI o m1940 0o CA A Cr JEFFERSON 0 o N -J z m 0 O 00% o u (D - 4_ CO) j o s� M N Cr oo Ri " o 0 Q• -''a -% cD Q.Q.• - SW 87TH AVE. w 0 iV W t0 O O W O O 0 O W O t z O z�-- I = ) SW HALL BLVD. STATE OF OREGON SS County of Washington I,Donald W.Mason,Director of Assessment and Taxation and E& t uQ,,Recorder of Con- veyances for satdodbunty,go h*pby certify that the within i rurQ It `oY)Atin la s received and record � n bock qi reeds'40f s*county. Uanald V+ # Sb>(n Dlector of x A Se avid jAia&n, Ex '' E�fficit3'�unt�i�fe�k r Doc 9003204'7 S' Rect: 35122 58. 00 06/20/1990 01: 45: 02PM yvr STREET AND EASEMENT VACATION SCHEDULE PROJECT: fie V aCt�n SCHEDQLE OF ACTIVITIES -311a lqo Initiation - Council consent agenda(Resol. No.`7 d-1Q K �IY1 Request for staff comments ( Police, Plan. and Eng.) I<t Y".' Request for utility co. and Fire Dept. comments Memo Co &.0 4f2/ Posting of notice( S days after lot publication) 310 IACD Ad to newspaper 3/aa 16 ) lot publication �0 Last publication Kms( , Notification letters to property owners Kea A Planning Commission review Ktkt�- Request for comments due 4 Staff Report due to Director Packet due to City Administrator 4/Q31,qo Public Hearing Post Ordinance Call Send Ordinance for recording AFFLUAVLT OF POSTING tow In the Matter of the Proposed �u�J1G fecir;►2qt_j — 5�-�e (/c cre-f;o n �u �r STATE OF OREGON County of Washington) ss. City of Tigard ) I, _hAtimia A . Cra"r- being first duly sworn, on oath depose and say: That I posted in the following pub-laic and conspicuous places, a copy of Notice of Public Hearing of the 11Cank ijv C01LY1 ,T_ a copy of said notice being hereto attached and be reference made a part hereof, on the 2a__day of morr,�\ , 19q0. �o�-►c� '�' 1 '. p��t�d �n ' tvc� '�'Iv�.t �I'"ra�f i c ' ��i��n c�r� I� ��de ���r EMi_O(.•aSt St. ,n �,citvr L-A 5w' Mall ,ivc� C�k) I akxsi St - 1Jvl-►ce 2 : Potl cL oo s�ryc�'`� l�.lke a pPt� fI YJo� �I m'�i1 b car 5 M Ace it3 : Pirated oo Su (-yPy t ZAVe CoCne-r i+�tom.rEicrv. 0OVi ce 44 ' Vo5ke d on 5«rwey ta� e_ �n �rro n-t o Pec S=t r-r z.. c�rcas �rt . Iv,\ 1 c��c' r} 50 Unre rt0,1 flv1 5 q).- r\A Are,nox, (SVJ l-►yrco lh St- &,4— - OR CA" Subscribed and sworn to before me this HBay of 19L v otary Public for Or gon Affidavit of Posting My Commission Expires: ( j CITY OF TIGARD PLACE UNDER CITY OF TIGARD LOGO: NaricE OF STREET VACATION muEsT FOR POR'IONS OF SW LOCUST STPD= The Tigard City Council will hold a public hearing on Monday,-April 23, 1990, at 7:30 p.m. at Tigard Civic Center Tbwn Hall Roam, 13125 S.W. Hall Boulevard, Tigard, Oregon to consider the proposed vacation of x)rtions of S.W. Locust Street. The request was initiated by the City Council on March 12, 1990, at the request of Tigard City Council in accordance with an agreement with Weston Investrment Cuxpany in order to acccamodate a new street alignment. Any interested person may appear and be heard for or against the proposed vacation of said street. Any written objections or remonstrances shall be filed with the City Recorder by April 23, 1990, by 7:30 p.m. IT Publish March 22, 29, Ap-il 5, 12, and 19, 199:. t '' :®1111/: ill: �1 IIU■/ '� � i�IL' 1111 ■ !/.�nil 1mullion 111 1;� � � ■ � ' - �'• lily �■, •.r i� I�IC 11■ 1■ AM su . ,�� ■■,,,, i■■ ■IVIG: ■�/lk f !IL■ ■- ® . '. _ it � . LO ■ � 111 ili ■(,'■ll� � � i�, �■� NOW owl . milk _ r•.♦ MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Wooley, City Engineer March 21 , 1990 FROM: Cathy Wheatley, City Recorder SUBJECT: Rights-of-Way Vacation for Pedestrian Easement in 6 and Street Vacation for Portions of S.W. Locust Str t Attached are notices for public hearings with regard to the above-referenced rights-of-way vacation requests. Would you please have your staff post the notices between the dates of March 22 and March 27, at or near the ned of each of the areas to be vacated. I've also attached a vicinity map for each one as well. Once posted, the attached affidavit of posting must be completed and returned to me. Thank you for your help. Attachments/ PLACE UNDER CITY OF TIGARD LOGO: NOTICE OF STREET VACATION REQUEST FoR PORTIONS OF SW LOCZJST STREET The Tigard City C=icil will hold a public hearing on Monday, April 23, 1990, at 7:30 p.m. at Tigard Civic Center Town Hall ROM, 13125 S.W. Hall Boulevard, Tigard, Oregon to consider the proposed vacation of portions of S.W. Locust Street. Zhe request was initiated by the City Council on March 12, 1990, at the request of Tigard City Council- in accordance with an agreement with Weston Invesbnent Conpany in order to acocumodate a new street alignment. Any interested person may appear and be heard for or against the proposed vacation of said street. Any written objections or remonstrances shall be filed with the City Recorder by April 23, 1990, by 7:30 p.m. TT Publish March 22, 29, April 5, 12, and 19, 1990. �. • eel! � � , s : ■.rV�,i1 u� ON .®Itli�. ■l II. IME ONE X11111! :.��t.■ :11�17� ►,;� .�■ e�1� ■� ■■ 1%!■■.. . . ,star nom: .■■■■■ �► � � it! t�1. 11■ 1 ■ i■■ lutll. ■�It ■-j ► � ..111 ` s ► is �!1 !►' . _® ■1� . :�fi�= `moi►�'� ■�► ..fir �bi :1 ►® "' I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 3/12/90 DATE SUBMITTED: 2/28/90 ISSUE/AGENDA TITLE: Street vacation PREVIOUS ACTION: none request for portions of SW Locus Street PREPARED BY: Keith Liden DEPT HEAD AK CITY ADMIN O REQUESTED BY: LICY ISSUE Council initiated street vacation requests should be consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY In conjunction with the SW Locust Street improvement project, the City entered into an agreement with Weston Investment Company to trade a portion of the existing SW Locust Street right-of-way for the dedication of a different area of land to be part of the street right-of-way. This land trade was agreed to in order to accommodate a new alignment for the street. The City is obligated by the agreement to initiate the vacation of the street right-of-way in order to receive the new right-of-way which will correspond with the new street location. A copy of the agreement and map of the affected are attached. ALTERNATIVES CONSIDERED 1. Approve the attached resolution calling for a public hearing on April 23, 1990. 2. Take no action at this time. FISCAL IMPACT All fees and staff costs will be paid by the City. SUGGESTED ACTION Approve the attached resolution. LOCUST.VAC/kl ■ t� ism ilk. ■�1. .■an /1111 song --o 09111`1111 = ■ Mal ►.It ■ ■ � � Itl� i�/. /1■ 1 . r� ,..,, i■■ ism ■All 1.■ r _rte . .�►, . .■. ,. 1► •�. ■ song■■ WAGN Opti S.W. 92nd AVE. u' STREET D N m r _ m D •- N ,ACJ N 1 (MONROE ST.) S.W. 90th AVE. -a - m m •—+ cn o � D � D r `�FFERSO 41 87th AVE. cn . S.W. HALL BOULEVARD 3 D r m r :t _ . m D W N m U1 O i CITY OF TIGARD, OREGON RESOLUTION NO. 90-�� A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW LOCUST STREET IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, A vacation request has been received and filed with the City Recorder for vacation of public street right-of-way; and WHEREAS, this portion of land was previously granted for public street and utility purposes and is currently unimproved; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That 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 that the City of Tigard will pay all fees and charges as set forth in TMC Chapter 15.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, April 23, 1990 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, and any interested person may appear and be heard for or against the proposed vacating of said lands. (3) 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 March 15, 1990 and once each week thereafter for five publishings in all. 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 attached, at or near each end of the area proposed to be vacated. RESOLUTION NO. 90-' 'Z Page 1 *MOO' (4) That the particular portion of granted public street right-of-way proposed to be vacated is described on the attached sheets headed Exhibit "A" (legal description) and Exhibit "B" (map) and by reference made a part thereof. PASSED: This 1 a�' Y _r da of r CKACA'� 1 90. Mayor - City Tigard ATTEST: City Recorder - City of Tiga LOCVAC.RES/kl RESOLUTION NO. go- Page 2 Westlake Consultants Inc. Hilltop Business Center 7340 S.W. Hunziker, Suite 204 Tigard, Oregon 97223 • 503-684-0652 Locust Street EXHIBIT f'1 Vacation Project No. 451-02-89 March 29, 1989 LEGAL DESCRIPTION A tract of land situated in the N.E. 1/4, Section 35, T.1S. , R.1W. , W.M. , City of Tigard, Washingtdn County, Oregon, being more parti- cularly described as follows: All that portion of S.W. Locust Street dedicated as public way by the subdivision plat of "Lehmann Acre Tract" , "Town of Metzger", and by dedication deed as recorded June 6, 1972 , in Book 870 , Page 594, Washington County deed records, lying easterly of the west line of Lot 5, "Marlo Tracts", a duly recorded subdivision plat; lying westerly of the west line of vacation ordinances recorded in Book 964, Page 269 and Book 883, Page 102, Washington County deed records; and lying northerly of the following described line: Beginning at a point on the north line of the dull recorded subdivi- sion plat of "Town of Metzger" in the N.E. 1/4, Section 35, T. 1S. , R.1W. , W.M. , said point also bears North 0026 '00 " West, 30 .00 feet from the northeast corner of Lot 3, Block 3 of said "Town of Metzger"; thence, South 89034 '00 " West, along the north line of said "Town of Metzger" , 29.39 feet; thence, at right angles to said north line, North 002610011 West, 30 .00 feet to a point of curvature and the true point of beginning; thence fol' o-aing the arc of a 445.00 foot radius curve to the right (the long chord of which bears South 77040154" East, 196.44 feet) through a central angle of 25°30 ' 11" , a distance of 198.07 feet to a point of tangency; thence, South 64055149" East, 73 .08 feet to a point of curvature; thence, following the arc of a 385.00 foot radius curve to the left (the long chord of which bears South 77036140 " East, 169.03 feet) through a central angle of 25021141" , a distance of 170 .42 feet to the terminus of said line. � EGi5IERED Contains : 2 , 680 sq. ft . - R Ofi5510 N AL s. ^: tic? 51,12VEY0R f n E j,v i11 : . ENGINEERING / SURVEYING / PLANNING III VIII IIIIIIIIIIII J o 0 Q ( 1 ¢ 1 NNOWMAWAUMMIN 43 a p N J � Q 31 J < I Q tJ z F y � � y � 3 3 � 3 >, a C d Nn 2 F tNt�rr February 20, 1990 CITY OF TIGA RD OREGON Joseph E. Weston Weston Investment Co. 2154 N.E. Broadway Portland, OR 97232 RE: S.W. Locust Avenue street vacation Dear Mr. Weston: I am writing to inform you that the S.W. Locust Avenue street vacation which affects your property on S.W. Locust Avenue has been initiated. Utility districts are presently reviewing the proposed vacation and land acquisition arrangement between your company and the City of Tigard. Following their review, the City Council will formally initiate vacation proceedings with a final hearing in April of this year. I apologize for the delay in finalizing this property exchange. Randy Clarno has left the City and I will be responsible for the completion of the transaction. Please contact me if you need any further information. Sincerely, Keith S. Liden Senior Planner c: R. David Feinauer Cathy Wheatley Randy Wooley LOCST.VAC/kl 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171