90-32047 ~ Locust Street Certif--d to be a Trtmtopy 4
2S 3204 7
90- Orivso it on file
It dP Washington County j
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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
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ENGINEERING / SURVEYING
/ PLANNING
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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
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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:.
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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!
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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
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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
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ENGINEERING / SURVEYING / PLANNING
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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