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2004-025469 ~ 74th Avenue ~ Landau Street Washington County,Oregon 2004-025469 t1 t.:' 1 12004 09:21:18 AM ± D-..,C Cnt=1 Stn=8 RECORDSI $25.00$8.00$11.00$70.00-Total=$112.00 rC� \\' 00546900200400254690050054 I,Jerry Hanson,Director of Assessment and Taxation and Ex•Offlcio County Clark for Washington County, Oregon,do hereby certify that the within Instrument of writing was received and recorded In the book of p records of said county. Jerry R.Hanson,Director 4t 8 strut '��•,_ ssessment and Taxation, T, "o Ex.Offlclo County Clerk After Recording, Return to: Ci of Tigard ------__._ -� ----�_ ---- -- -_ .___- - -w_.------ --___.._._..--- ------ 13125 SW Nall Boulevard Tigard, OR 97223 Name of Transaction: VACATION An Ordinance concerning the Vacation of an approximately 3,241 square foot portion of public right-of-way better known as SW 74 th Avenue which lies at the northwest corner of SW 74 th Avenue and Landau Street, in the City of Tigard, Washington County Oregon. (VAC 2003-00001). 2004-25469 Attachment 1 CITY OF TIGARD, OREGON ORDINANCE NO. 03- 11 AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 3,241 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 74TH AVENUE WHICH LIES AT THE NORTHWEST CORNER OF SW 74TH AVENUE AND LANDAU STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2003-00001). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 -of theTfgard-Municipal-C-od-c-on-October 2-83-2003,-and-has bee-n-recom.-mended-by the_-mmun ity-_ Development Department; and WHEREAS, the approximate 3,241 square foot portion of the public right-of-way had previously been dedicated to the public; and WHEREAS,the applicant has requested that the City of Tigard vacate an approximate 3,241 square foot portion of public right-of-way as described in Exhibit "A" and shown in Exhibit "B" better known as SW 74th Avenue; and WHEREAS, the said portion of public right-of-way is no longer necessary because of a secured dedication of 1,314 square feet to straighten the 74h Avenue/Landau Street intersection; and WHEREAS, the City will no longer have maintenance responsibility of this area; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have provided no objections, provided a utility easement is provided to cover existing utility lines; 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 Tigard Municipal Code 15.08.120, notice of the public hearing was posted in the area to be vacated and published in the newspaper; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on December 16, 2003, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS,the Council finds that the following condition is necessary to vacate said land: I. A public utility easement over the entire vacated area to provide for the existing and future utility lines shall be dedicated. ORDINANCENO.03- // Page I of 2 i:\curpin\mathew\VAC\VAC2003-OOOOI.ord(public hearing) 111111111111111111111111111111 2004-25469 NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 3,241 square foot portion of public right-of-way as shown and described in the attached Exhibits "A" and "B" (legal description and map of the area to be vacated), and by this reference,made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. A public utility easement over the entire vacated area to provide for the existing and future utility lilies shall be dedicated. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Council President, and posting by the City Recorder. PASSED: Byunanima6voteof all Council members present after being read by number and title only,this /Lotbday of De-c'e-»bf-r 12003. ss eatherinem,.ti,-,eity Rmuid r Greer A. Gaston,Deputy City Recorder APPROVED: By Tigard City Council this day of beceMbe(- ,2003. Craig-D)rksen, Council President Approved as to form: A� Attorney 2— Date Certified to be a True Copy of Circ- tt-&i LL- Original on 7 File By: Deputy Recorder- City of Tigard Date: ORDINANCE NO.03- // Page 2 of 2 i:\cutpin\iiiatliew\VAC\VAC2003-OOOOI.ord(public hearing) Exhibit "A" HARRIS - Mcll ONAGI.E ASSOCIATES INC. ENGINEERS - SURVEYORS 12555 SW HALL BLVD. TIGARD OREGON, 97223 TEL. (503) 639-3453 FAX. (503) 639-1232 August 22,2003 LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF THE PUBLIC RIGHT OF WAY OF S.W. LANDAU STREET AND S.W. 747` AVENUE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THE ABOVE SAID PUBLIC RIGHTS-OF-WAY,SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP 1-SOUTH,RANGE 1WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD,WASHINGTON COUN'T'Y,OREGON. COMMENCING AT THE SOU'T'H QUARTER CORNER OF SAID SECTION 25,THENCE ALONG THE SOUTH LINE OF SECTION 25,S 89-18'19" E 85.19 FEET;THENCE AT RIGHT ANGLES TO THE SECTION LINE N 00041'41"E 27.00 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY 25 FOOT CURVED RIGHT OF WAY LINE OF S.W. LANDAU STREET AND POINT OF BEGINNING.THENCE ALONG SAID RIGHT OF WAY LINE ON THE ARC OF A 250.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 42014123"(THE CHORD OF WHICH BEARS N 6219'19"E 180.16 FEET)AN ARC DISTANCE OF 184.31 FEET TO AN INTERSECTION WITH A 212.00 FOOT RADIUS CURVE BEING 27.00 FEET RADIAL TO THE CURVE FROM THE CENTERLINE OF THE FUTURE REALIGNMENT OF S.W.74'AVENUE;THENCE ALONG THE ARC OF A 212.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15053'16"(THE CHORD OF WHICH BEARS S 22033'15"W 58.60 FEET)AN ARC DISTANCE OF 58.79 FEET TO A POINT OF TANGENCY; THENCE S 14036'37'W 18.09 FEET TO A POINT OF CURVE;THENCE ALONG THE ARC OF A 18.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 76005'04„ (THE CHORD OF WHICH BEARS S 52°39'09"W 22.18 FEET)AN ARC DISTANCE OF 2390 FEET,TO A POINT THAT IS 27.00 FEET NORTHERLY OF AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 25;THENCE PARALLEL WITH THE SOUTH LINE OF SECTION 25,N 89018'19"W 114.88 FEET TO THE POINT OF BEGINNING. CONTAINING:3,241 SQUARE FEET. 2004-26469 Exhibit "B' rax for tar , nuc AW IWMC . J N j I I o so 100 '" Q' I I Scats .� I ! COT" &MAMOM SST ft-212.ar � I I 742 Sw LMAQW sr t-4&7w / DEL Q W W0. 0?9= �b VIEED BOOK 610 PAGE 52 I12"x" v TAX LOT 800 �&�T �B TAX 1(Af' 181 20C ACAIMMtAY I I YACAiIOh[ AREA-3,241 S.F. 271i' g MWGsw CA. I ` I P A .t �acsorsae 5 8916`19' E 44 .88' l — OL 22T R PT, EX G/L N W44-41-£ G27 cr Wff-0�—WAY VEDMIM _ 53.63 OFLTM76I)S'D4' 76.0' 7D Si P/IRAtE DOMC . �S 89.16x'149" E 65.19" -S 88`18'19" E 4511A9' CIl3�i'2'.�'W //25 SW LANDAU STREET f II lox Lor ww AW w � ��M cur 4MV Q I ( I ^ f vXOrr t%sac I w I IRK L"amw Loroxvl If Kro ; InLY ISS X40 I � M.71 1 1270 I I I r el BAFOS—"ONAGLE ASSOC., INC. - Il266S�.T RAU BLVD. MOM Fir-O' "—._. - AY YA..cA7m smrH _ ° AUGUST 21, 2003 2004-25469 Washington County,Oregon 2444-4254fi8 RETRUN RECORDED DOCUMF "TO: 0' 12004 09:21:18 AM CITY HALL RECORDS DEPAR'x- _ANT, D Crits1 Stn=8 RECORDSI ( i i CITY OF TIGARD $40.00$6,00$11.00•Total=$57.00 l 13125 SW Hall Blvd. Tigard,OR 97223 INDIVIDUAL 00546898200400254680080081 I,Jerry Hanson,Director of Assessment and Taxation and Ex-Ofliclo County Clerk for Washington County, /'r h'3 Oregon,do hereby certify that the within instrument of writing was received and recorded In the book of • f records of said county. Jerry R.Hanson,Director and Taxation File No. Ex-Offlclo County Clerk DEDICATION DEED FOR ROD OR STREET PURPOSES Space above reserved for Washington:County Recording inforniation Dennis R. and Phyllis Ann Webster do hereby dedicate to the public a perpetual right-of-way for street, road,and unity purposes on, over,across, under, along, and within the following described real property in Washington , aunty, Oregon: Attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantorsg hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrancs, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property. The true co4sideration for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WITNESS WHEREOF,I hereunto set my hand on this day of.WL- . 2003 L 'dwb Signature i a e Tax Statement Mailing Address Pro erty Address 4 0& f 3 STATE OF OREGON ) i ss. County of Washington ) This instnnne;<nt was acknowledged before me an 3 (date)by: (name of person(s)). OFFICIAL SEAL otary's Si re KARYN BARBER WITARY PUBLIC-OREGON 341315 My Commission Expires: i, ti1Y rbM'r`'�\�.StuN EXrf'inrw Dr<G{� """14 i i i Dacumer41 RETRUN RECORDED DOCUAr 'TO: �i I II I ���'�� '������ �'�� CITY HALL RECORDS DEPARI-.ENT, 2004-25468 CITY OF T16ARD 13125 SW Hall Blvd. Tigard,OR 97223 STATE OF OREGON )ss, County of Washington This instrumem was acknowledged before me on_(date)by: (name of person(s)). 0,111, L 11A J.SO T NOTARY PU L o EGON No 4'sS i ture COMMISSI .3 299 12,20 My MY Expires: Accepted on behalf ofthe City of Tigard this t) day of, FrOOleg�ALvq 20—P 4 City Engineer Documentl 11111111 I II I I II I1 111111 I I III 2004-25468 HARRIS - McMONAGLE ASSOCIATES INC. ENGINEERS - SURVEYORS 12555 SW HALL BLVD. TIGARD OREGON, 97223 TEL. (503) 639-3453 FAX. (503) 639-1232 August 25, 2003 EXHIBIT "A" LEGAL DESC.yRIPTIUN FOR THE DEDICATION OF A PUBLIC RIGHT OF WAY BEING IRRIGULAR IN SHAPE BETWEEN S.W. LANDAU STREET AND S.W. 74U AVENUE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THAT LAND AS DESCRIBED IN DEED TO DENNIS AND PHYLLIS WEBSTER RECORDED IN DEED DOCUMENT No. 2000-082799, ALSO BEING A PORTION OF LOT 29 OF THE DULY RECORDED PLAT OF"BOULEVARD HEIGHTS", SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP I-SOUTH, RANGE 1WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON. COM111ENC1NG AT THE SOUTH QUARTER CORNER OF SAID SECTION 25, THENCE ALONG THE SOUTH LINE OF SECTION 25, S 89018'19"E 292.31 FEET;THENCE AT RIGHT ANGLES TO THE SECTION LINE N 00041'41"E 25.00 FEET TO THE NORTHERLY 25 FOOT RIGHT OF WAY LINE OF S.W. LANDAU STREET AND POINT OF BEGD4NING. THENCE ALONG SAID RIGHT OF WAY LINE N 89018'19"W 72.85 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY CURVED 25 FOOT RIGHT OF WAY LINE OF S.W. 74h AVENUE; THENCE ALONG LAST SAID LINE ON THE ARC OF A 300.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20050'46" (THE CHORD OF WHICH BEARS N 46042'52"E 108.55 FEET)AN ARC DISTANCE OF 109.15 FEET; THENCE RADIAL TO SAID CURVE S 53°4231"E 2.00 FEET; THENCE ALONG THE ARC OF A 158.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20°47'59" (THE CHORD OF WHICH BEARS S 25053'29"W 57.04 FEET)AN ARC DISTANCE OF 57.36 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG THE ARC OF AN 18.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 104047'49" (THE CHORD OF WHICH BEARS S 36°54'25"E 28.52 FRET))AN ARC DISTANCE OF 3292 FEET TO THE POINT OF BEGINNING, CONTAINING: 1,489 SQUARE FEET. N I } } } I € 0 60 120 I SCALE i I I I _ TAX a } W MAPP110 2WC _ CURVE DELTA RADIM 2im Mgm .__ . 20.50.46' 109.15' 300.00' 108.55' N46 42.52'E / 1 WON' 57.36' 115&00'1 57.04 S255T29"W I } 1044Y49" 32.92' MW 28.52' S3M425'E. .,y / �QYY �• s Baa MW S1�T fs a s } I 7421 SW LYNI�N/ST � 4tY5r PRC`---�-�� `�f Ti� BMM CR 9720 R785 00' / `�. IM OM M PAGE 52 2.0(r } } TAX LOT BOD PROPOSED C TAX MAP 1SI 25DC � A-1.�W SF. rev OF DOW AW FHWB IBM X 4W } I s o $!8 D REFER SEPARA E / ` �GNILUt1 ST IM 2ND S 1 DDCIAIENT �/" 1`t,'1k . � 71CA% CR 9T223 r. i �dp' TaOM 789 — AK LOT 900 E& 20 9&— j7TDy TAX AMP 1S/2" aL w" C 27 d 72 W ! N 8A wglr'w EX C/t S 1436' �y1 7$. DBWAMN A.B. 5363' �3Q �--N {Y4f 4f' E ?�fld I , S x`18"19' E ,�, 2 �A" " 57.OS S 89"IB'18TE 1102. SW LANDAU STREET — U$ �„► — — } W 96 } =ww=2WC ! � �� } TAX > r UX IDr soon >x�!DT 42on I w 1 TAX rAP Im 2w ITAX MJW 3AAoI Tie iT 1 I -- 27,tN-27A I I j I r I I I To Imr eaao I I - - - - -- -F- C. INC. E XH lE5;p� Aism ' B� Ii�I[{}�IAGLB 'IM , ]XIM awma FKW-O"AY )MUM SKETW mom►. mss wan-am rs}�No--i; amm 'AUGUST 25, 2043 FAX . IIIIIIIIIIIIIIIIIIIIIII VIII 2004-25468 2004=25468 Attachment I CITY OF TIGARD, OREGON ORDINANCE NO. 03- AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 3,241 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 74 .. AVENUE WHICH LIES AT THE NORTHWEST CORNER OF SW 74TH AVENUE AND LANDAU STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2003-00001). aid initiated M vacation-T�aj 9-- --Cjty�C uncil ' 'tiated t- sv request,pursuant to Section 15.08.040 of the Tigard Municipal Code on October 28, 2003, and has been recommended by the Community Development Department; and WHEREAS, the approximate 3,241 square foot portion of the public right-of-way had previously been dedicated to the public; and WHEREAS,the applicant has requested that the City of Tigard vacate an approximate 3,241 square foot portion of public right-of-way as described in Exhibit "A" and shown in Exhibit "B" better Known as SW 74th Avenue; and WHEREAS, the said portion of public right-of-way is no longer necessary because of a secured dedication of 1,314 square feet to straighten the 74hAvenue/Landau Street intersection; and WHEREAS,the City will no longer have maintenance responsibility of this area; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have provided no objections,provided a utility easement is provided to cover existing utility lines; 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 Tigard Municipal Code 15.08.120, notice of the public hearing was posted in the area to be vacated and published in the newspaper; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on December 16, 2003, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that the following condition is necessary to vacate said land: I. A public utility easement over the entire vacated area to provide for the existing and future utility lines shall be dedicated. ORDINANCE NO.03- // - Page ] of i-Npiimln\Tnnt'hp-.v\VAC\VA"001-00001 nrd Inublir.benrinpl 1111111111111111111111111111 2004-25468 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 3,241 square foot portion of public right-of-way as shown and described in the attached Exhibits "A" and "B" (legal description and map of the area to be vacated), and by this reference,made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. A public utility easement over the entire vacated area to provide for the existing and future utility lines shall be dedicated. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Council President, and posting by the City Recorder. PASSED: ByunaniM&l yote of all Council members present after being read by number and title only,this AA day of Decern fie ' 12003. ass �sr� r Greer A.Gaston,Deputy City Recorder APPROVED: By Tigard City Council this /61'J�day of Decembe(' ,2003. Craig ksen,Council President Approved as to form: Attorney Date Certified to be a True Copy of C>'0111CIALL AIj. dJ 11 Original on File By: Deputy Recorder- City of Tigard Date: ORDINANCE NO.03- Page 2 of 2 i-\rrnmin\mathew\VAC\VA('?00'1-(Mf)Ol nrrt(nnhlir hvan�nl 11111[I 411111111111111111111 2004-25468 Exhibit „A" HARRIS - McMONAGLE ASSOCIATES INC. ENGINEERS- SURVEYORS 12555 SW HALL, BLVD. TIGARD OREGON, 97223 TEL. (503) 639-3453 FAX. (503) 639-1232 August 22,2003 LEG DIRS FOR THE VACATION OF A PORTION OF THE PUBLIC RIGHT OF WAY OF S.W. LANDAU STREET AND S.W. 74Th AVEN UE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THE ABOVE SAID PUBLIC RIGHTS-OF-WAY,SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP I-SOUTH,RANGE 1WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD,WASHINGTON COUNTY,OREGON. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25,THENCE ALONG THE SOUTH LINE OF SECTION 25,S 891018'19"E 85.19 FEET;THENCE AT RIGHT ANGLES TO THE SECTION LINE N 00°41'41"E 27.00 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY 25 FOOT CURVED RIGHT OF WAY LINE OF S.W. LANDAU STREET AND POINT OF BEGINNING.THENCE ALONG SAID RIGHT OF WAY LINE ON THE ARC OF A 250.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 42°14'23"(TIE CHORD OF WHICH BEARS N 62°19'19"E 180.16 FEET)AN ARC DISTANCE OF 184.31 FEET TO AN INTERSECTION WITH A 212.00 FOOT RADIUS CURVE BEING 27.00 FEET RADIAL TO THE CURVE FROM THE CENTERLINE OF THE FUTURE REAUGNMINT OF S-W.74�k AVENUE;THENCE ALONG THE ARC OF A 212.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15"53'16"{THE CHORD OF WHICH BEARS S 22033'15"W 58.60 FEET)AN ARC DISTANCE OF 58.79 FEET TO A POINT OF TANGENCY; THENCE S 1436'37"W 18.09 FEET TO A POINT OF CURVE,THENCE ALONG THE ARC OF A 18.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CENTRAL.ANGLE OF 76005'04" (THE CHORD OF WHICH BEARS S 52°39'09"W 22.18 FEET)AN ARC DISTANCE OF 23.90 FEET,TO A POINT THAT IS 27.00 FEET NORTHERLY OF AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 25;THENCE PARALLEL WITH THE SOUTH LINE OF SECTION 25,N 89.18'19"W 114.88 FEET TO THE POINT OF BEGINNING. CONTARANG:3,241 SQUARE FEET. Exhibit I , Iw for Baa IDar nor w"c Jx! - 1- I 0 50 100 w E I SCALE - IiCORDW &MARCSMPJZT ft..2120(t c . 7421 SW L4NDO u ST. --�s�r1 � I I »� 1»,f �,.,W,� � � MV BOOK 6W PACE 52 ITAX L"SW � Y TAX UAP M 25DC c� 4-y; i -�BE VACAIMI R"ff-4or—WAY 10 I AREA—,1241 SF_I V/►CJl M —1rfn-osm CA P.iOA. S I .d tx)r tar aos mr,wr»aenc _!_ _ — -�.2� ► s e6len9' E - 11186r EX`?s R�r { 0041.41' E c - R-QLOW �aswT--OFWDOMI off gr, Ex c/L M ✓ v rr yrTraEL baa" �l 78.0 last 10 sErAwaE DOCUM S 8998"18'E E t5nAW �1� SW LANDAU STREETSeMM gig w VXAWMMC wwrow Q t. J wr rr M MC f. t I = I wr tar amo I tar tar*.m I I f H tQ tA HARM--McMONAGIE AMC., INC. lam. &T 97 > .�n_ t�fT—+OF"-'WAY VACATION SKETCH �r�au. a srrr.�a-�zsr F�(6W) e9-->Z AUGUST 21. 2003 • 11111111111111111111111 11111 2004-25468 e. Council Discussion Councilor Moore made a motion to not take action on the resolution placing the annexation plan on the March 9, 2004 ballot. The motion passed by unanimous vote. Mayor Pro Tern Dirksen proposed the Council consider a Resolution of Intent to demonstrate the city is committed to placing the Bull Mountain Annexation Plan on the November 2, 2004 ballot, pending the completion of the tasks discussed earlier. This would put the city in compliance with a county resolution, so park System Development Charges could be collected. Mayor Pro Tern Dirksen read the Resolution of Intent, Resolution No. 03-66, A RESOLUTION DIRECTING STAFF TO HOLD A PUBLIC HEARING IN JULY, 2004 ON THE BULL MOUNTAIN ANNEXATION PLAN AND PLACE THE BALLOT MEASURE BEFORE THE ELECTORATE IN NOVEMBER, 2004 . The resolution passed by unanimous vote. Mayor Pro Tern Dirksen concluded this item and went on to agenda item #6. �6. PUBLIC HEARING (QUASH U DICIAL) — PUBLIC RIGHT-OF-WAY STREET VACATION FOR 74th AVENUE AT LANDAU STREET (VAC 2003-00001) The Tigard City Council will consider the proposed vacation involving 3,241 square feet of public right-of-way that lies to the northwest of the SW 741 Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 741 Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74' Avenue, the applicant has secured a right- of-way dedication agreement with the adjacent property owners to the east. I With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed parcels of the recently submitted Welgela Terrace Subdivision; however, the proposed lots of the subdivision can meet minimum standards for the R-4.5 zoning and do not need the square footage that would be added to those lots upon approval of the requested vacation. Council Meeting Follow-Up Meeting of December 16, 2003 - Page 8 The request was filed with the City on July 11, 2003 and initiated by the City Council at the request of the applicant on October 28, 2003. There were no challenges, no testimony and no Council discussion. Ordinance No. 03 — 11, AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 3,241 SQUARE FOOT PORTION OF PUBLIC RIGHT- OF-WAY BETTER KNOWN AS SW 74TH AVENUE WHICH LIES AT THE NORTHWEST CORNER OF SW 74TH AVENUE AND LANDAU STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, (VAC2003-00001) The ordinance passed by unanimous vote. 7. CONSIDER AN AGREEMENT GRANTING THE CITY MEMBERSHIP ON THE JOINT WATER COMMISSION ()WC) a. Staff Report Public Works Director Wegner and Assistant Public Works Director Koellermeler provided background information on this item and endorsed membership on the commission. He explained the city would be leasing water from another jurisdiction with water rights. Actual water rights may be a possibility in the future. The commission is not asking for a membership fee, and the cost of the water purchased will be less than the city is currently paying to the City of Portland. If the agreement is approved, the city could participate in the ]WC's April meeting. b. Council Discussion Councilor Moore added that the agreement brings the city one step closer to owning a water source. Mr. Wegner advised that signing this agreement did not prevent the city from pursuing other options. Mr. Wegner explained that the exact wording of the agreement may be changed and asked the Council to grant the Mayor Pro Tem the authority to sign the agreement after it is reviewed and finalized. City Attorney Ramis said that if any of the changes were substantial, the agreement would be brought back to the Council. C. Motion to authorize the Council President to sign the finalized agreement granting the City membership on the Joint Water Commission. The motion was passed unanimously. Council Meeting Follow-Up Meeting of December 16, 2003 - Page 9 AWment 1 CITY OF TIGARD, OREGON ORDINANCE NO. 03- /1 AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 3,241 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 74TH AVENUE WHICH LIES AT THE NORTHWEST CORNER OF SW 74B AVENUE AND LANDAU STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2003-00001). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on October 28, 2003, and has been recommended by the Community Development Department; and WHEREAS, the approximate 3,241 square foot portion of the public right-of-way had previously been dedicated to the public; and WHEREAS,the applicant has requested that the City of Tigard vacate an approximate 3,241 square foot portion of public right-of-way as described in Exhibit "A" and shown in Exhibit "B" better known as SW 74h Avenue; and WHEREAS, the said portion of public right-of-way is no longer necessary because of a secured dedication of 1,314 square feet to straighten the 74`h Avenue/Landau Street intersection; and WHEREAS,the City will no longer have maintenance responsibility of this area; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have provided no objections, provided a utility easement is provided to cover existing utility lines; 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 Tigard Municipal Code 15.08.120, notice of the public hearing was posted in the area to be vacated and published in the newspaper; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on December 16, 2003, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS,the Council finds that the following condition is necessary to vacate said land: 1. A public utility easement over the entire vacated area to provide for the existing and future utility lines shall be dedicated. ORDINANCE NO.03- // Page I of 2 i:\curpin\jmthew\VAC\VAC2003-OOOOI.ord(public hearing) NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 3,241 square foot portion of public night-of-way as shown and described in the attached Exhibits "A" and "B" (legal description and map of the area to be vacated), and by this reference,made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. A public utility easement over the entire vacated area to provide for the existing and future utility lines shall be dedicated. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Council President, and posting by the City Recorder. PASSED: By Unan1fl7oZyote of all Council members present after being read by number and title only, this Aptbday of Dect, be-(' ) 2003. eattierine Amicatfey, eity ftecu,d r Greer A. Gaston,Deputy City Recorder APPROVED: By Tigard City Council this day of becembe r , 2003. Craig'D)rksen, Council President Approved as to form: ZY. y Attorney J-)— - 21 Date ORDINANCE NO.03- Page 2 of 2 i:\curpin\mathew\VAC\VAC2003-0000I.ord(public hearing) Exhibit "A" HARRIS - McMONAGLE ASSOCIATES INC. ENGINEERS - SURVEYORS 12555 SW HALL BLVD. T IGARD OREGON, 97 223 TEL. (503) 639-3453 FAX. (503) 639-1232 August 22,2003 LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF THE PUBLIC RIGHT OF WAY OF S.W. LANDAU STREET AND S.W. 74" AVENUE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THE ABOVE SAID PUBLIC RIGHTS-OF-WAY,SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP I-SOUTH, RANGE IWEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25,THENCE ALONG THE SOUTH LINE OF SECTION 25,S 89-18-19"E 85.19 FEET;THENCE AT RIGHT ANGLES TO THE SECTION LINE N 00041'41"E 27.00 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY 25 FOOT CURVED RIGHT OF WAY LINE OF S.W. LANDAU STREET AND POINT OF BEGINNING.THENCE ALONG SAID RIGHT OF WAY LINE ON THE ARC OF A 250.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 42014'23"(IM CHORD OF WHICH BEARS N 62019'19r'E 180.16 FEET)AN ARC DISTANCE OF 184.31 FEET TO AN INTERSECTION WITH A 212.00 FOOT RADIUS CURVE BEING 27.00 FEET RADIAL TO THE CURVE FROM THE CENTERLINE OF THE FUTURE REALIGNMENT OF SM.74d'AVENUE;THENCE ALONG THE ARC OF A 212.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15-53'16"(THE CHORD OF WHICH BEARS S 22033'15"W 58-60 FEET)AN ARC DISTANCE OF 58.79 FEET TO A POINT OF TANGENCY; THENCE S 14036'37"W 18.09 FEET TO A POINT OF CURVE;THENCE ALONG THE ARC OF A 18.00 FOOT RADIUS CURVE TO THE RIGHT RAVING A CENTRAL ANGLE OF 76005'04" (THE CHORD OF WHICH BEARS S 52039'09"W 22.18 FEET)AN ARC DISTANCE OF 23.90 FEET,TO A POINT THAT IS 27.00 FEET NORTHERLY OF AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 25;THENCE PARALLEL WITH THE SOUTH LINE OF SECTION 25,N 8918-19-W 114.88 FEET TO THE POINT OF BEGINNING. CONTAINING;3,241 SQUARE FEET. Exhibit `r Br, aw I 1 N I 1 50 104 w / SCALE I 1 S 4y / ( &MARQUM SIMART ft--212-Mf f 7421 SW ucr ST nCARa, OR s ti� Liv BOW 620 PAGE 52 aHB-622WIS"M' ,,,, TAX LAT SM es f j6S9 TAXYAPM25DC 4.1it 19 1 G WFA 1 RKW SWAY 'N AREA-3.241 SF. V CMM 1�1 t+MR 5F.1f.J/CA VX aw Ix awc N —\ EX 2T i �c C N ar41.41-E c - a-1&0 -OF-WAY! `-AKHT-OF RAY DEDIO UM t �" , o� 76.0' spa zo s��uaa► �—nter S i �9; E fk�19' �S 8878'19' E IM W SW LANDAU STREETSEMW 25 a > wr wr w sic t I vXmram � uzWspar � �# n!S Hers-Y ioxaGLE lk S ., INC. T�l1. R'7". �w -a FSC*fT-OF-WAY YACATM SKETCH FAX- (�} AUGUST 21, 2003 av3�- I ** Revised 12-15-03 . CITY OF TIGARD OREGON PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead-time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA — DECEMBER 16, 2003 page 1 AGENDA TIGARD CITY COUNCIL MEETING DECEMBER 16, 2003 6:30 PM • STUDY SESSION • QUARTERLY MEETING — BUDGET COMMITTEE • PARK RESERVATION UPDATE — INITIATING AN ON-LINE PARKS RESERVATION SERVICE • COUNCIL VACANCY OPTION REVIEW • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council U Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items Added.- PROCLAMATION AND ACKNOWLEDGEMENT • Congratulations to the Tigard High School Tigers Boys Football Team as 2003 State Champions 2. VISITOR'S AGENDA (Two Minutes or Less, Please) COUNCIL AGENDA — DECEMBER 16, 2003 page 2 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Meeting Minutes: November 19, 2003 3.2 Approve the Dedication of a Portion of Right-of-Way Along Hall Boulevard to the Oregon Department of Transportation 3.3 Local Contract Review Board: a. Approve Changes to the Pavement Major Maintenance Program Contract with S-2 Contractors Inc. b. Approve Amendment to the Hall Boulevard/Wall Street Intersection Project Contract with DeHaas U Associates and Authorize Additional Amendments 3.4 Approve Proposed Library Policies and Procedures • Consent Agenda - Items Removed for Separate Discussion: Any Items requested to beremoved from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 4. CONTINUATION OF PUBLIC HEARING (LEGISLATIVE) — BULL MOUNTAIN ANNEXATION PLAN (ZONE CHANGE ANNEXATION [ZCA] 2003- 00003/ZONE CHANGE ANNEXATION [ZCA] 2003-00004/ZONE CHANGE ANNEXATION [ZCA] 2003-00005/ZONE CHANGE ANNEXATION [ZCA] 2003-00006) ZONE CHANGE ANNEXATION (ZCA) 2003-00003, 2003-00004, 2003- 00005, 2003-00005 BULL MOUNTAIN ANNEXATION PLAN REQUEST: The City of Tigard is proposing to annex 1,378 acres of Washington County known as Bull Mountain through the annexation plan process. State law allows the City to annex territory within an urban growth boundary (UGB) pursuant to a detailed annexation plan, subject to voter approval. If the Tigard City Council approves the annexation proposal, it would set a date for the proposal to be placed on the ballot. LOCATION: The unincorporated area is within the UGB. It is generally bounded on the north by Barrows Road, on the east by Tigard City limits, on the south by Beef Bend Road, and on the west partially by 150th Avenue and near Roy Rogers Road. For specific boundary, see vicinity map. ZONE: The area includes R- 4.5 (Low-Density Residential District; minimum lot size 7,500 square feet), R-7 (Medium-Density Residential District; minimum lot size 5,000 square feet), R-12 (Medium-Density Residential District; minimum lot size 3,050 square feet) and R- 25 (Medium High-Density Residential District; minimum lot size 1,480 square COUNCIL AGENDA — DECEMBER 16, 2003 page 3 feet). APPLICABLE REVIEW CRITERIA: The approval standards for annexations are set out in Community Development Code Chapter 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapters 195.205 and 222; and Metro Code Chapter 3.09. a. Continue Public Hearing from December 2, 2003 b. Staff Report— presented on December 2, 2003 C. Public Testimony - concluded on December 2, 2003 d. Staff Recommendation e. Council Discussion f. Close Public Hearing 9. Council Consideration: Resolution No. 03 - 5. CONTINUATION OF PUBLIC HEARING ON A BALLOT MEASURE FOR THE MARCH 91, 2004 ELECTION FOR A MEASURE EXPANDING THE TIGARD CITY LIMITS BY PHASED ANNEXATION a. Continue Public Hearing from December 2, 2003 b. Staff Report - presented on December 2, 2003 C. Public Testimony - concluded on December 2, 2003 d. Staff Recommendation e. Council Discussion f. Close Public Hearing 9. Council Consideration: Resolution No. 03 - ------------------------ 6. PUBLIC HEARING (QUASI-)UDICIAL) — PUBLIC RIGHT-OF-WAY STREET VACATION FOR 74t' AVENUE AT LANDAU STREET VACATION (VAC 2003-00001) The Tigard City Council will consider the proposed vacation involving 3,241 square feet of public right-of-way that lies to the northwest of the SW 74' Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74' Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74' Avenue, the applicant has secured a right-of- way dedication agreement with the adjacent property owners to the east. With the successful vacation of the requested tight-of-way, the subject square footage would be incorporated into the proposed parcels of the recently submitted Weigela Terrace Subdivision; however, the proposed lots of the subdivision do not need the COUNCIL AGENDA — DECEMBER 16, 2003 page 4 square footage of the vacation application to meet minimum lot size standards of the underlying R-4.5 zoning district. The request was filed with the City on July 11, 2003 and initiated by the City Council at the request of the applicant on October 28, 2003. Any interested person may appear and be heard for or against the proposed vacation of said 74' Avenue @ Landau Street Public Right-of-Way Street Vacation. Any written objections or remonstrances shall be filed with the City Recorder by 7:30 PM on December 16, 2003. a. Open Public Hearing b. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? C. Staff Report: Community Development Department d. Public Testimony For all those wishing to testify, please be aware that failure to raise an issue accompanied by statements or evidence sufficient to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria described by staff or other criteria in the plan or land use regulation which you believe apply to the decision. Proponents Opponents Rebuttal e. Staff Recommendation f. Council Questions 9- Close Public Hearing h. Council Consideration: Ordinance No. 03- COUNCIL AGENDA — DECEMBER 16, 2003 page 5 7. CONSIDER AN AGREEMENT GRANTING THE CITY MEMBERSHIP ON THE JOINT WATER COMMISSION a. Staff Report: Public Works Staff b. Council Discussion C. Council Consideration: Motion to authorize the Council President to sign an agreement granting the City membership on the Joint Water Commission. 8. CONSIDER APPROVAL OF THE PROPOSED CITY OF TIGARD/TRIMET MEMORANDUM OF UNDERSTANDING a. Staff Report: Community Development Staff b. Council Discussion C. Council consideration: Motion to approve the City of Tigard/TriMet Memorandum of Understanding and authorize the Council President to sign. 9. PUBLIC HEARING TO CONSIDER ACCEPTING THE 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT AND APPROVING THE SPENDING OF FUNDS a. Open Public Hearing b. Summation by Police Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing 9. Consideration by Council: Motion to accept the grant and approve the spending of funds. 10. CONSIDER A RESOLUTION APPROVING BUDGET AMENDMENT #12 TO THE FISCAL YEAR 2003-2004 BUDGET TO ACCEPT AND EXPEND LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS a. Staff Report: Finance Staff b. Council Discussion C. Council Consideration: Resolution No. 03 - COUNCIL AGENDA — DECEMBER 16, 2003 page 6 11. CONSIDER AN ORDINANCE AMENDING CHAPTER 11.08 OF THE TIGARD MUNICIPAL CODE PERTAINING TO BURGLARY AND ROBBERY ALARM SYSTEMS a. Staff Report: Police Staff b. Council Discussion C. Council Consideration: Ordinance No. 03 - 12. CONSIDER AN ORDINANCE AMENDING CHAPTER 10.36 OF THE TIGARD MUNICIPAL CODE PERTAINING TO BICYCLES AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES a. Staff Report: Police Staff b. Council Discussion C. Council Consideration: Ordinance No. 03 - 13. CONSIDER ACCEPTING THE DEDICATION OF APPROXIMATELY 2.93 ACRES OF PROPERTY BY FANNO POINTE, L.L.C. FOR USE AS OPEN SPACE OR GREENWAY a. Staff Report: Public Works Staff b. Council Discussion C. Council Consideration: Motion to accept the dedication of approximately 2.93 acres of property by Fanno Pointe, L.L.C. for use as open space or greenway 14. COUNCIL LIAISON REPORTS 15. NON AGENDA ITEMS COUNCIL AGENDA — DECEMBER 16, 2003 page 7 16. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 17. ADJOURNMENT 1AADM\CATHY\CCA\2003\031216P.DOC COUNCIL AGENDA — DECEMBER 16, 2003 page 8 M AGENDA ITEM# FOR AGENDA OF December 16 2003 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUEIAGENDA TITLE: Vacation of a 3,241 square foot portion of public right-of-way commonly known as SW 74th Avenue(VAC2003-00001) PREPARED BY: Mathew Scheidegger DEPT HEAD OK #�_VOCITYMGROK ISSUE BEFORE THE COUNCIL Should the City Council vacate an approximately 3,241 square foot portion of public right-of-way commonly known as SW 74th Avenue? STAFF RECOMMENDATION It is recommended that Council vacate the requested 3,241 square foot portion of public right-of-way commonly known as SW 74th Avenue(Attachment 1). INFORMATION SUMMARY In the City vacation process there are two ways of initiating the vacation of streets, easements and other public dedicated areas. An applicant may file a vacation petition with the City Council (Attachment 2), which initiates a vacation by passing a Resolution to schedule a formal public hearing to consider such requests. The second option is for an applicant to file a petition with the Planning Commission requesting a vacation. This requires signatures of all abutting property owners and of the owners of two-thirds of the properties affected by the vacation. The Planning Commission then makes a recommendation to the City Council based on compliance with the Comprehensive Plan. The applicant has asked the City Council to initiate vacation proceedings. The Council initiated the proceedings or) October 28,2003. Currently, the requested portion of 74th Avenue that has been requested to be vacated lies to the northwest of the SW 74th Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th Avenue, the applicant has secured a 1,314 square foot right-of-way dedication agreement with the adjacent property owners to the east (Attachment 3). With the additional right-of-way needed to realign SW 74th Avenue, the requested 3,241 square feet of right-of-way is no longer necessary for street purposes. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed parcels of the recently approved Weigela Terrace Subdivision. The proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R-4.5 zoning district. There will be no negative effect on utilities. Currently there are overhead power lines, which will be placed underground with the proposed half street improvements. The City of Tualatin has a 36-inch water line within the right-of-way to be vacated that is not proposed for realignment. Tualatin Valley Water District also has a distribution line within the area requested to be vacated. Comments were received requesting an easement. The applicant has proposed to record easements for the water lines and utilities for future access and maintenance. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment 1: Proposed Ordinance Exhibit A: Legal Description Exhibit B: Plat Map Attachment 2: Letter Requesting Initiation of the Vacation Attachment 3: Right-of-way Dedication Agreement FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees have been paid by the applicant. Attachment I CITY OF TIGARD,OREGON ORDINANCE NO. 03- AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 3,241 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 74TH AVENUE WHICH LIES AT THE NORTHWEST CORNER OF SW 74T" AVENUE AND LANDAU STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2003-00001). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on October 28, 2003, and has been recommended by the Community Development Department; and WHEREAS, the approximate 3,241 square foot portion of the public right-of-way had previously been dedicated to the public; and WHEREAS,the applicant has requested that the City of Tigard vacate an approximate 3,241 square foot portion of public right-of-way as described in Exhibit "A" and shown in Exhibit "B" better known as SW 74h Avenue; and WHEREAS, the said portion of public right-of-way is no longer necessary because of a secured dedication of 1,314 square feet to straighten the 74h Avenue/Landau Street intersection; and WHEREAS,the City will no longer have maintenance responsibility of this area; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have provided no objections, provided a utility easement is provided to cover existing utility lines; 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 Tigard Municipal Code 15.08.120, notice of the public hearing was posted in the area to be vacated and published in the newspaper; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on December 16, 2003, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that the following condition is necessary to vacate said land: 1. A public utility easement over the entire vacated area to provide for the existing and future utility lines shall be dedicated. ORDINANCE NO.03- Page I of 2 i:\curpin\imthew\VAC\VAC2003-0000I.ord(public hearing) NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 3,241 square foot portion of public right-of-way as shown and described in the attached Exhibits "A" and "B" (legal description and map of the area to be vacated), and by this reference,made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. A public utility easement over the entire vacated area to provide for the existing and future utility lines shall be dedicated. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Council President,and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this_day of , 2003. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 2003. Craig Dirksen, Council President Approved as to form: City Attorney Date ORDINANCE NO.03- Page 2 of 2 i:\curpin\mathew\VAC\VAC2003-0000I.ord(public hearing) Exhibit "A"' HARRIS - McMONAGLE ASSOCIATES INC. ENGINEERS - SURVEYORS 12555 SW HALL BLVD. TIGARD OREGON, 97223 TEL. (503) 639-3453 FAX. (503) 639-1232 August 22,2003 LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF THE PUBLIC RIGHT OF WAY OF S.W. LANDAU STREET AND S.W. 74:n AVENUE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THE ABOVE SAID PUBLIC RIGHTS-OF-WAY, SITUATED IN THE SOUTHEAST QUARTER OF SECTI ON 25,TOWNSHIP 1-SOUTH,RANGE IWEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25,THENCE ALONG THE SOUTH LINE OF SECTION 25,S 89-18-19" E 85.19 FEET;THENCE AT RIGHT ANGLES TO THE SECTION LINE N 0041'41"E 27.00 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY 25 FOOT CURVED RIGHT OF WAY LINE OF S.W.LANDAU STREET AND POINT OF BEGINNING.THENCE ALONG SAID RIGHT OF WAY LINE ON THE ARC OF A 250.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 42014'23"(THE CHORD OF WHICH BEARS N 62-19'19"E 180.16 FEET)AN ARC DISTANCE OF 184.31 FEET TO AN INTERSECTION WITH A 212.00 FOOT RADIUS CURVE BEING 27.00 FEET RADIAL TO THE CURVE FROM THE CENTERLINE OF THE FUTURE REALIGNMENT OF S.W.74h AVENUE;THENCE ALONG THE ARC OF A 212.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15053'16"(THE CHORD OF WHICH BEARS S 22033'15"W 58-60 FEET)AN ARC DISTANCE OF 58.79 FEET TO A POINT OF TANGENCY; THENCE S 14036'37"W 18.09 FEET TO A POINT OF CURVE;THENCE ALONG THE ARC OF A 18.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 76005'04" (THE CHORD OF WHICH BEARS S 52039'09"W 22.18 FEET)AN ARC DISTANCE OF 23.90 FEET,TO A POINT THAT IS 27.00 FEET NORTHERLY OF AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 25;THENCE PARALLEL WITH THE SOUTH LINE OF SECTION 25,N 89018'19-W 114.88 FEET TO THE POINT OF BEGINNING. CONTAINING:3,241 SQUARE FEET. „Y iir Exhibit � # rxac t"r rar�c -� N 1 1 # 0 50 100 I # SCALE # # s CalaXJM d ltARDtl781>_S'ti=M'ART fD-21ZQ0' �� # I M SWLAWW ST 1~-d&7%r f 1X-M 0?97223 M= 3*1 CUD MW 620 PAGr 52 CHO-KSMMV # 1Cale TAX L”800 # f x B v TAX W 19 25DCAos" # # RIOff MIRY N 274BE VACAIM 1 # VACM tXt 11REM3%24i SF. g ppm. 1 1 `�WCV CA OL 2T S 8618'19' £ 114-W F'r, EX cA_ M O(MV41` £ G 6'27L 23 W � ftlQiT-OF-MUY 03xm m ! j flE3T1k-Ta1a5o�' '� 76.0' 1rgu TO SEPAPAIE ._ - CH lar i 78"19'" E 15xiA9' CEF — SW LANDAU STREETSWFK*4 25 $ r # W uu AW m zs►c w tar 4&V } talc tat auoo # it n E maw a1 me # I 171K tar am # wr tar a1w I 1 �!o i i 1 vx M AM germs--MeMaNaG Z ASSOC., INC. 126t5ts S.L HAiL ffi.tID. num, FKW—OFF-WAY VACA71ON SKETCH PBWM-IMVc �� AUGUST 21, 2003 ATTACHMENT 2 Land bevelopment Strategies, Inc. 26778 SW Colvin Lane Wilsonville, OR 97070 Of f ice: (503) 682-1140 Fax: (503) 582-8870 August 27, 2003 City Council City of Tigard 13125 SW Hall Blvd. Tigard, OR 97225 RE: ROW Vacation, SW 7e Avenue Dear Members of City Council: We have recently been notified that our request for a 10-lot Subdivision (Type II) adjacent to the northwest comer of SW 74"' and SW Landau has been deemed complete. Prior to filing our application, a pre-application conference was held during which time Staff discussed and documented in the Pre-Application Conference Notes (See Page 8 of the City of Tigard Pre-Application Conference Notes located behind Tab 2) changes in the Tigard Transportation System Plan (TSP) for the above-referenced intersection. The TSP indicates an improvement to SW 74"' to Neighborhood Route standards and a realignment of SW 74t' to intersect SW Landau at a right angle. See Figure 8-4 Proposed Neighborhood Routes, Chapter 8 City of Tigard Transportation System Plan (Located behind Tab 3). Applicant's engineer has met with Staff to establish the alignment of SW 74"' consistent with TSP. Staff has concurred with the proposed alignment. To facilitate the City's proposed request for realignment, Applicant approached the adjacent property owners regarding ROW dedication. Based on several discussions and pursuant to the attached Street Dedication and ROW Dedication Agreement (Located behind Tab 4), Applicant has secured a ROW Dedication on the City's behalf from the adjacent property owners, Dennis and Phyllis Ann Webster to facilitate the realignment. Applicant has the original notarized dedication ready for recording upon acceptance of the vacation request. Applicant believes that the anticipated Conditions of Approval for the above- referenced subdivision will require 1/z street improvements to SW 7e that are consistent with the realignment of SW 74th Street co Neighborhood Route standards. Given this, 3241 Square Feet of land once required for SW W will no longer be necessary for ROW dedication. Applicant therefore requests the City of Tigard to vacate 3,241 square feet of land outside the ROW of the proposed newly realigned street. The plan and legal description is shown behind Tab 5. There are a number of reasons that vacating the right of way makes sense to the City of Tigard. These reasons are as follows: 1. The area ceases to act as ROW once the new curb, gutter and street is installed. 2. The new planting strip and sidewalk should be installed consistent with the street section of the remainder of the proposed subdivision. Given that, the area behind the sidewalk appears to be private property which is consistent with all other front yards in the City of Tigard. If the area was not vacated, the area of land behind the sidewalk becomes"No Man's Land". The adjacent property owner has no interest in maintaining or assuming responsibility since it is publicly owned. In that case pedestrians or bicycle traffic may continue to "cut the comer" as is the case now. In the least desirable situation, the public may use the area for parking, or as an unsafe play area. 3. If the City vacates the area, the City no longer has maintenance responsibilities. Instead the future lot that receives the benefit of the vacated area will incorporate the area into its front yard landscape and subsequent maintenance program. 4. Once the vacation becomes effective and the adjacent lots assume ownership of the vacated area and the 1/2 street improvements are complete, the newly realigned SW W street take-on the looks of a desired Neighborhood Route. 5. Applicant has not relied on the vacated lot area to meet minimum lot size standards in the underlying zone. The average lot size is 7,504 feet WITHOUT the vacation. We have forwarded the fee of$1,568 and respectfully request City Council to recommend vacation proceedings based on the following findings pursuant to Chapter 15.08 of the City of Tigard Municipal Code located behind Tab 6. Sincerely, Christy W el FRUK RFCORDED DOCUMENT TO. ATTACHMENT 3 CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 131.25 SW ILM Stud Tigard,OR 9= tMtVWAL file No. DEDICATION DEED FOR ROAD OR STREET PURPOSES Space above reserved for W-shmg—C--y Recant-g mfommxn Dennis R- and Phyllis Ann Webster do hereby dedicate to the public a perpetual right-of-way for sweet, road,and utility purposes on,over,across,under,along,and within the following described real property in Washington County,Oregon: Attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The-grantors herebv covenant that they are the owner in fee simple and the property is fine of all liens and encumbrances, they have good and legal right to grant their right above-descnbed, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is 500-00- However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration, IN WH7NESS WHEREOF,I hereunto set my band on this._3_day of a) __.-,__ .2003 signature iX51ys Sal Y3 � SV 6Pqn4V St- Tax Statement Mailing Address Property Address STATE OF OREGON )ss. County of Washington This imartiment was acknowledged before me on {date)by 7- (name ofpersoa(s)� /s aw cwl-SEAL otazy's Si KAlAY14 BARBER _4 0TAW,PuBUC-MEGOH My Conunission Expires: RETRIIN RECORDED DOC.'UUMT To- CrTY E Ar r,RECORDS DEPARTMECIT. CUT OF TIGARD t3M SW Hard Blvd Tig=r4,OR 47123 STATE OF OREGON ) }ss, Y of Washington ) This kun miew was admowtedged before me on Cl 41L(date)by: {name of pexso�s)� pN Noydys " t11f My " Expires t 6L Accepted on behalf ofthe City of 1"igard this day of -20-- City 0 _City Engineer HARRIS - McMONAGLE ASSOCIATES INC. ENGINEERS - SURVEYORS 12SSS SW HALL BLVD. TIGARD OREGON, 97223 TEL. (503) 639-3453 FAX (503) 639-1232 August 25, 2003 LEGAL DESCRIPTION FOR THE DEDICATION OF A PUBLIC RIGHT OF WAY BEING IRRIGULAR IN SHAPE BETWEEN S.W. LANDAU STREET AND S.W. 74�' AVENUE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THAT LAND AS DESCRIBED IN DEED TO DENNIS AND PHYLLIS WEBSTER RECORDED IN DEED DOCUMENT No. 2000-082799, ALSO BEING A PORTION OF LOT 29 OF THE DULY RECORDED PLAT OF-BOULEVARD HEIGHTS", SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP 1-SOUTH,RANGE I WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY, OREGON_ COMMENCINGAT THE SOUTH QUARTER CORNER OF SAID SECTION 25,THENCE ALONG THE SOUTH LINE OF SECTION 25, S 89618'19"E 292.31 FEET;THENCE AT RIGHT ANGLES TO THE SECTION LINE N 0041'41"E 25.00 FEET TO THE NORTHERLY 25 FOOT RIGHT OF WAY LINE OF S-W. LANDAU STREET AND POINT OF BEGINNING.THENCE ALONG SAID RIGHT OF WAY LINE N 89618'19" W 72-85 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY CURVED 25 FOOT RIGHT OF WAY LINE OF S.W. 74&AVENUE; THENCE ALONG LAST SAID LINE ON THE ARC OF N 300-00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20o50'446"(THE CHORD OF WHICH BEARS N 46-42'52"E 109-55 FEED AN ARC DISTANCE OF 109.15 FEET;THENCE RADIAL TO SAID CURVE S 53°42'31"E 2.00 FEET;THENCE ALONG THE ARC OF A 158.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 2047'59"(THE CHORD OF WHICH BEARS S 25'05329"W 57.04 FEET)AN ARC DISTANCE OF 57.36 FEET TO A POINT OF COMPOUND CURVE-.THENCE ALONG THE ARC OF AN 18.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 104o47'49"(THE CHORD OF WHICH BEARS S 36c54'25"E 28.52 FEET)AN ARC DISTANCE OF 32-92 FEET TO THE POINT OF BEGINNING. CONTAINING- 1,489 SQUARE FEET. 0 60 120 I I scAf I f f I W � ! f J 1 I 20'.)0'46' IM15 X oW 106-W MW4XW-E / WOW 57-W MOW W 0,V S25I.Rrnow f ! © K0C4r4B' ,32.sr M00' 28+52' S36251E �, Tago t,-aam' ofly m-I&x4moLow snow GELTAP-21*1W.5ir -RC�X it's =t s 7421 SW MMAW ST - f f MD MW M PLACE 34 � � 4231` E f fTAX lOr 8W PRaposm c MMF- 1Y 70i {�fr_�y� spp— ' �y K VACAM / �]+ OF?W AND FIfrK/t1{'�S�Effi�3� /or = rn. A. / /��� .� �SW LAMM S 3 �,!F YaI�A11uU� N y 1 �. 01 PM TAX E"SW (, nes N ac�twal w` uo ' S 14�s' _ t 76-fl' fes. a o-a m S AJ j -- - tte-1a V E 23521Y Sj p3; - -+/—S e6n11'19 E SW LMDAU STREET - W ( !S Iwe wr�aoo y / fiat LDr 4110 I LIX 1 wr IW W roc f f f ratar:am MLOT an270-�I li �iS � t HAMUS--McMOAAM ,ASSOC., INC. mw aw_ HETI. BLVD. • OBX= FKW-C"AY DEDICA7M SKEW TAX C AUGUST 25, 2003 NOTICE TO MORTGAGEE,LIENHO�LVER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community Development ShapingA Better Community CITY OF TIGARD NOTICE OF STREET VACATION & PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY DECEMBER 16 2003 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: VACATION (VAC) 2003-000011 FILE TITLE: 74TH AVENUE a@ LANDAU ST, PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: Land Development Strategies, Inc. OWNER: Gordon and Marguerite Stewart Attn: Christy Wiegel 5820 SW Miles Court 26778 SW Colvin Lane Portland, OR 97219 Wilsonville, OR 97070 REQUEST: The applicant is requesting that the City vacate 3,241 square feet of public right-of-way that lies to the northwest of the SW 74th Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th Avenue, the applicant has secured a right-of-way dedication agreement with the adjacent property owners to the east. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed parcels of the recently submitted Weigela Terrace Subdivision; however, the proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R-4.5 zoning district. LOCATION: The section of SW 74th Avenue that lies to the northwest of the SW 74th Avenue/Landau Street intersection. DATE REQUEST WAS FILED: July 11, 2003 THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON OCTOBER 28 2003 BY SETTING A FORMAL PUBLIC HEARING DATE OF DECEMBER 16, 2003 (Resolution No. 03-57). ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY DECEMBER 16, 2003 BY 7:30 PM. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25,t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (251t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR MATHEW SCHEIDEGGER ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO MATTS0_)CI.TIGARD.0R.US. ST CITY of TIGARD OEOa RAPHC ixi ORM.TiOx SYSTEM ELMWOOD ST LOLA LN VICINITY MAP 1 _ ST VAC2003-00001 EARA 74TH AVENUE @ LN LANDAU STREET PUBLIC RIGHT-OF-WAY ST STREET VACATION Appmn of a tom vmated on :H S7 t _ TURA �a«aTa3 R .. Tpad Arca Map W Lu w+..EH:- N r_ ^o LOCUST S a Tau 200 ma aag rest E_ i"=311 feet City oFTigard W MAPLELEAF > Int—uon an tms map is r«general ipoauon orar and ST Q shouldnavWfi.e vanu,aoavaiapmeRts�oasamara,. 53125 SW Naa 8Wd Tigard.OR 67723 T_= ETT= (5g3)63g•A 171 = httpP-cl.tigard.or.us CITY OF TIGARD,OREGON RESOLUTION NO. 03-57 A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE AN APPROXIMATELY 3,241 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 74TH AVENUE WHICH LIES AT THE NORTHWEST CORNER OF SW 74TH AVENUE, AND LANDAU STREET(VAC2003-0000 1). WHEREAS, the approximately 3,241 square foot portion of fight-of-way had previously been dedicated to the public; and WHEREAS, the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate an approximately 3,241 square foot portion of public right-of-way, as described in Exhibit "A" and shown in Exhibit "B" better known as SW 74th Avenue;and WHEREAS, the approximately 3,241 square foot portion of land had previsouly been dedicated to the public; and WHEREAS, the said portion of public night-of-way may no longer be necessary due to the realignment of SW 74th Avenue;and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 3,241 square foot portion of public right-of-way commonly know as SW 74th Avenue, as more particularly described and shown in Exhibits "A" and "B" and by reference, made a part hereof SECTION 2: A public hearing is hereby called to be held by the City Council on December 16, 2003 at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacation of said public right-of-way. EFFECTIVE DATE: This resolution is effective immediately upon passage. PASSED: This c;?s day of Ot-"--0 2003. 1v ayor-(C+C—it�o eard .0 A ST: City Recorder-City of Tigard RESOLUTION NO.03- __5-7 Page 1 Exhibir"N' HARRIS - McMONAGLE ASSOCIATES INC. ENGINEERS - SURVEYORS 12555 SW HALL BLVD. TIGARD OREGON, 97223 TEL. (503) 639-3453 FAX. (503) 639-1232 August 22,2003 LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF THE PUBLIC RIGHT OF WAY OF S.W. LANDAU STREET AND S.W.74:n AVENUE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THE ABOVE SAID PUBLIC RIGHTS-OF-WAY,SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP 1-SOUTH,RANGE IWEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25,THENCE ALONG THE SOUTH LINE OF SECTION 25,S 89-18'19"E 85.19 FEET;THENCE AT RIGHT ANGLES TO THE SECTION LINE N 004141"E 27.00 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY 25 FOOT CURVED RIGHT OF WAY LINE OF S.W. LANDAU STREET AND POINT OF BEGINNING-THENCE ALONG SAID RIGHT OF WAY LINE ON THE ARC OF A 250.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 42*14'23"(THE CHORD OF WHICH BEARS N 62019'19"E 180.16 FEET)AN ARC DISTANCE OF 184.31 FEET TO AN INTERSECTION WITH A 212.00 FOOT RADIUS CURVE BEING 27.00 FEET RADIAL TO THE CURVE FROM THE CEN I ERLINE OF THE FUTURE REALIGNMENT OF S-W.74'AVENUE;THENCE ALONG THE ARC OF A 212.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15-53'16"(THE CHORD OF WHICH BEARS S 22-33'15-W 58.60 FEET)AN ARC DISTANCE OF 58.79 FEET TO A POINT OF TANGENCY; THENCE S 14036'37"W 18.09 FEET TO A POINT OF CURVE;THENCE ALONG THE ARC OF A 18.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 76005'04" (TIM CHORD OF WHICH BEARS S 52-39'09"W 22-18 FEET)AN ARC DISTANCE OF 23.90 FEET,TO A POINT THAT IS 27.00 FEET NORTHERLY OF AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 25;THENCE PARALLEL WITH THE SOUTH LINE OF SECTION 25,N 8918-19-W 114.88 FEET TO THE POINT OF BEGINNING. CONTAINING:3,241 SQUARE FEET. Exhibit "B" I , wr tar 7w MAW w zwc I 1 I I I ° s0 100SCALE I I sCOMM &MARMERM MEWART ft-n2.W / / I 7421 SW LAMM ST L-68.7W 4 1M.M OR 972" MQI ZF3,1 DEED BOOK 620 PAGE 52 GEO-32r3n5`W �1 ITAX!AT 800 je s0 = q y IV TAX IW 1St MC 1 E RjQff-40r--WAY 10 224 BE VAMED o ! AREA-3.241 SF. 1VACMM S e"Imm ch 1 1 P.Q.B. / I aw wim 1 t PT. EX C~ N 00"41'41'E G 27.p• RIOiT-OF-MfAY oExNG11011 UE1TM7�fiU�04' 76.cr REFER 10 SEPARAME Doam IV S 88't8`t9r E 88.19 "S 8818'19' E 1/4 I S6MM 25 SW LANDAU STREET } > ; n X rwSm t I me rar ono t VX tar taxa � sur tar taa � �! �i J id S I Bels--"OI+tA= ASSOC., INC. nun, aoxmMW _ ' . E`�. FIOW—OF-WAY VACATION SICK"Tad-! FAX- AUGUST 21, 2003 CITY OF TIGARD OREGON v PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA — OCTOBER 28, 2003 page 1 AGENDA TIGARD CITY COUNCIL MEETING OCTOBER 28, 2003 6:30 PM • STUDY SESSION > NEW TIGARD LIBRARY PROJECT UPDATE ■ Library Staff • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order- City Council u Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for September 23, and October 7 and 14, 2003 3.2 Receive and File a. Council Goal Update — Quarter 3 — 2003 3.3 Approve the Submittal of an Application for a Land and Water Conservation Fund Grant to Provide Partial Funding of the Cook Park/Durham Segment of the Tualatin River Pedestrian Trail — Resolution 03 - COUNCIL AGENDA — OCTOBER 28, 2003 page 2 3.4 Initiate Vacation Proceedings for a Portion of Public Right-of-Way Known as SW 74th Avenue (VAC2003-00001) — Resolution No. 03 - 3.5 Approve the Washington County Cooperative Library Services Public Library Services Agreement 3.6 Approve an Amendment to the joint Funding Agreement for Integrated Water Resource Management Water Supply Feasibility Study 3.7 Local Contract Review Board: a. Award the Contract for Engineering Services for the Next Phase of the Aquifer Storage and Recovery System Expansion to Groundwater Solutions, Inc. and Murray Smith and Associates, Inc. • -Consent Agenda - Items Removed for Separate Discussion Any Items requested to be removed from the Consent Agenda for separate discussion will .be considered immediately after the Council has voted on those Items which do not need discussion. 4. PRESENTATION ON THE NEW PROVIDENCE NEWBERG MEDICAL CENTER AND HOSPITAL a. Staff Introduction: Administration Staff b. Presenter: Mr. Art Lutz 5. CONSIDER APPROVING CHANGE ORDERS TO THE HALL BOULEVARD IMPROVEMENT PROJECT a. Staff Report: Engineering Staff b. Council Discussion C. Local Contract Review Board Consideration: Motion to approve the change orders to the contract with Eagle Eisner for the Hall Boulevard improvement project and authorize additional changes up to 10% of the original contract amount without further action. 6. UPDATE ON YOUTH COURT a. Staff Report: Finance Staff b. Council Discussion COUNCIL AGENDA — OCTOBER 28, 2003 page 3 7. CONSIDER FINAL ORDER REGARDING THE ASH CREEK ESTATES PLANNED DEV ELOPMENT(SUB2003-0001 O/PDP,2003-0004/ZON2003-0003/SLR2003- 00005/VAR2003-00036/VAR2003-00037) ITEM ON APPEAL: On July 7 , 2003, the Tigard Planning Commission held a public hearing to consider an application to Subdivide 9.36 acres for a 29-lot single- family detached housing Planned Development Subdivision; Sensitive Lands Review for areas with steep (>25%) slopes, a drainage way and wetlands and; adjustments to the cul-de-sac length standard, maximum number of units permitted on a cul-de-sac, and to the street grade on SW 74`"Avenue. The Planning Commission moved to deny the applications which failed in a 4-4 tie vote, then moved to approve the applications, which also failed in a 4-4 tie vote. Based on the Commission's by-laws and Robert's Rules of Order, without a majority affin-native vote, the application is denied. Since no motion was approved, no findings in support or against the application were adopted. The City Council is therefore, essentially rehearing this application to make a final determination as to whether or not it meets the relevant criteria of the Development Code. LOCATION: 9750 SW 741 Avenue; WCTM IS I 25DC, Tax Lots 300 and 400. ZONE: R-4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.380, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. 03 - 8. CONSIDER AMENDING RESOLUTIONS NOS. 03-25 AND 03-28 TO INCREASE CERTAIN FEES FOR ENGINEERING AND LAND USE PLANNING a. Staff Report: Finance Staff b. Council Discussion C. Council Consideration: Resolution No. 03 - 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS COUNCIL AGENDA — OCTOBER 28, 2003 page 4 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 12. ADJOURNMENT I:\AD M\CATHY\CCA\2003\031028.DOC COUNCIL AGENDA — OCTOBER 28, 2003 page 5 CITY OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Mathew Scheidegger, (503) 639-4171 AGENDA: October 28, 2003 TOPIC: Initiation of vacation proceedings for an approximately 3,241 square foot portion of SW 74th Avenue, at the intersection of SW Landau Street. BACKGROUND: The portion of 74th Avenue that has been requested to be vacated lies to the northwest of the SW 74th Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th, the applicant has secured a right-of-way dedication agreement with the adjacent property owners to the east. With the additional right-of-way needed to realign SW 74th Avenue, the proposed vacation area of 3,241 square feet of right-of-way is not necessary. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed parcels of the recently submitted Weigela Terrace Subdivision. The proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R-4.5 zoning district. COST: $1,530.00 application fee covered by the applicant. AGENDA ITEM# FOR AGENDA OF October 2$ 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiation of Vacation proceedings for a 3,241 square foot portion of public right-of- way commonly known as SW 74th Avenue(VAC2003-00001) PREPARED BY: Mathew Scheidegm DEPT HEAD OK Y MGR OK ISSUE BEFORE THE eOUNCIL Should the City Council initiate the vacation proceedings for an approximately 3,241 square foot portion of public right-of-way commonly known as SW 74th Avenue? STAFF RECOMMENDATION It is recommended that Council initiate the vacation proceedings for the 3,241 square foot portion of public right-of-way commonly known as SW 74th Avenue. (Attachment 1) INFORMATION SUMMARY In the City vacation process there, are two ways of initiating the vacation of streets, easements and other public dedicated areas. An applicant may file a vacation petition with the City Council, which initiates a vacation by passing a Resolution to schedule a formal public hearing to consider such requests. The second option is for an applicant to file a petition with the Planning Commission requesting a vacation. This requires signatures of all abutting property owners and of the owners of two-thirds of the properties affected by the vacation. The Planning Commission then makes a recommendation to the City Council based on compliance with the Comprehensive Plan. The applicant is asking the City Council to initiate vacation proceedings. Currently, the requested portion of 74th Avenue that has been requested to be vacated lies to the northwest of the SW 74th Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th Avenue, the applicant has secured a 1,314 square foot right-of-way dedication agreement with the adjacent property owners to the cast (exhibit "C"). With the additional right-of-way needed to realign SW 74th Avenue, the requested 3,241 square feet of right-of-way is not necessary. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed parcels of the recently submitted Weigela Terrace Subdivision. The proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R- 4.5 zoning district. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachments: Attachment 1: Letter Requesting Initiation of the Vacation Attachment 2: Resolution Initiating the Vacation Exhibit A: Legal Description Exhibit B: Plat Map Attachment 3: Right-of-way Dedication Agreement FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees have been paid by the applicant. Attachment #1 Land Development Strategies, Inc. 26778 SW Colvin Lane Wilsonville, OR 97070 Office: (503) 682-1140 Fax: (503) 582-8870 August 27, 2003 City Council City of Tigard 13125 SW Hall Blvd. Tigard, OR 97225 RE: ROW Vacation, SW 7e Avenue Dear Members of City Council: We have recently been notified that our request for a 10-lot Subdivision (Type 11) adjacent to the northwest comer of SW 74t' and SW Landau has been deemed complete. Prior to filing our application, a pre-application conference was held during which time Staff discussed and documented in the Pre-Application Conference Notes (See Page 8 of the City of Tigard Pre-Application Conference Notes located behind Tab 2) changes in the Tigard Transportation System Plan (TSP) for the above-referenced intersection. The TSP indicates an improvement to SW 74th to Neighborhood Route standards and a realignment of SW 74th to intersect SW Landau at a right angle. See Figure 8-4 Proposed Neighborhood Routes, Chapter 8 City of Tigard Transportation System Plan (Located behind Tab 3). Applicant's engineer has met with Staff to establish the alignment of SW 74th consistent with TSP. Staff has concurred with the proposed alignment. To facilitate the City's proposed request for realignment, Applicant approached the adjacent property owners regarding ROW dedication. Based on several discussions and pursuant to the attached Street Dedication and ROW Dedication Agreement (Located behind Tab 4), Applicant has secured a ROW Dedication on the City's behalf from the adjacent property owners, Dennis and Phyllis Ann Webster to facilitate the realignment. Applicant has the original notarized dedication ready for recording upon acceptance of the vacation request. Applicant believes that the anticipated Conditions of Approval for the above- referenced subdivision will require 1/2 street improvements to SW 7e that are consistent with the realignment of SW 74th Street co Neighborhood Route standards. Given this, 3241 Square Feet of land once required for SW 74"' will no longer be necessary for ROW dedication. Applicant therefore requests the City of Tigard to vacate 3,241 square feet of land outside the ROW of the proposed newly realigned street. The plan and legal description is shown behind Tab 5. There are a number of reasons that vacating the right of way makes sense to the City of Tigard. These reasons are as follows: 1. The area ceases to act as ROW once the new curb, gutter and street is installed. 2. The new planting strip and sidewalk should be installed consistent with the street section of the remainder of the proposed subdivision. Given that, the area behind the sidewalk appears to be private property which is consistent with all other front yards in the City of Tigard. If the area was not vacated, the area of land behind the sidewalk becomes"No Man's Land". The adjacent property owner has no interest in maintaining or assuming responsibility since it is publicly owned. In that case pedestrians or bicycle traffic may continue to'"cut the comer" as is the case now. In the least desirable situation, the public may use the area for parking, or as an unsafe play area. 3. If the City vacates the area, the City no longer has maintenance responsibilities. Instead the future lot that receives the benefit of the vacated area will incorporate the area into its front yard landscape and subsequent maintenance program. 4. Once the vacation becomes effective and the adjacent lots assume ownership of the vacated area and the 1/z street improvements are complete, the newly realigned SW 7e street take-on the looks of a desired Neighborhood Route. 5. Applicant has not relied on the vacated lot area to meet minimum lot size standards in the underlying zone. The average lot size is 7,504 feet WITHOUT the vacation. We have forwarded the fee of$1,568 and respectfully request City Council to recommend vacation proceedings based on the following findings pursuant to Chapter 15.08 of the City of Tigard Municipal Code located behind Tab 6. Sincerely, Christy Wi el CITY OF TIGARD, OREGON ATTACHMENT 2 RESOLUTION NO. 03- A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE AN APPROXIMATELY 3,241 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 74TH AVENUE WHICH LIES AT THE NORTHWEST CORNER OF SW 74TH AVENUE AND LANDAU STREET(VAC2003-00001). WHEREAS, the approximately 3,241 square foot portion of right-of-way had previously been dedicated to the public; and WHEREAS, the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate an approximately 3,241 square foot portion of public right-of-way, as described in Exhibit "A" and shown in Exhibit "B" better known as SW 74th Avenue; and WHEREAS, the approximately 3,241 square foot portion of land had previsouly been dedicated to the public; and WHEREAS, the said portion of public night-of-way may no longer be necessary due to the realignment of SW 74th Avenue; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 3,241 square foot portion of public right-of-way commonly know as SW 74th Avenue, as more particularly described and shown in Exhibits "A" and "B" and by reference, made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on December 16, 2003 at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacation of said public right-of-way. EFFECTIVE DATE: PASSED: This day of 2003. Mayor-City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO.03- Page 1 Exhibit "A" HARRIS - McMONAGLE ASSOCIATES INC. ENGINEERS - SURVEYORS 12555 SW HALL BLVD. TIGARD OREGON,, 97223 TEL. (503) 639-3453 FAX. (503) 639-1232 August 22,2003 LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF THE PUBLIC RIGHT OF WAY OF S.W. LANDAU STREET AND S.W. 74Th AVENUE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THE ABOVE SAID PUBLIC RIGHTS-OF-WAY,SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP 1-SOUTH, RANGE IWEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON. COMNIENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25,THENCE ALONG THE SOUTH LINE OF SECTION 25,S 89-18'19" E 85.19 FEET;THENCE AT RIGHT ANGLES TO THE SECTION LINE N 00041'41"E 27.00 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY 25 FOOT CURVED RIGHT OF WAY LINE OF S.W. LANDAU STREET AND POINT OF BEGINNING.THENCE ALONG SAID RIGHT OF WAY LINE ON THE ARC OF A 250.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 42014'23"(THE CHORD OF WHICH BEARS N 62019'19"E 180.16 FEET)AN ARC DISTANCE OF 184.31 FEET TO AN INTERSECTION WITH A 212.00 FOOT RADIUS CURVE BEING 27.00 FEET RADIAL TO THE CURVE FROM THE CENTERLINE OF THE FUTURE REALIGNMENT OF S.W.74h AVENUE;'THENCE ALONG THE ARC OF A 212.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15053'16"(THE CHORD OF WHICH BEARS S 22033'15"W 58.60 FEET)AN ARC DISTANCE OF 58.79 FEET TO A POINT OF TANGENCY; THENCE S 14036'3T'W 18.09 FEET TO A POINT OF CURVE;THENCE ALONG THE ARC OF A 18.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 76005'04" (THE CHORD OF WHICH BEARS S 52039'09"W 22.18 FEET)AN ARC DISTANCE OF 23.90 FEET,TO A POINT THAT IS 27.00 FEET NORTHERLY OF AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 25;THENCE PARALLEL WITH THE SOUTH LINE OF SECTION 25,N 8918'19"W 114.88 FEET TO THE POINT OF BEGINNING. CONTAINING: 3,241 SQUARE FEET. _ Exhibit "B'' _ 1 � � war 40 -� " { 0 50 100 �" 1 SCALE 1 I S / r AWM arJURWEIM sMwART 7421 SW m Sr L-d&7lr f j WARA OR 87273 M ryb (� VaD DOW 620 PAGE 52 `15"W �Y i .,,wcfili TAX LAT BOO 30 Y 8 TAX UAP 1St TSt)CIt .�dTt,,,,��k•'t ' RKW--O WAY TSO td 27.6 BE VACAIM VON AREA-3.241 S.F. 8''~ PRl1PG6fD CA P,4.8, ad 4d / mcKiw mama —EK-2:r VY s e9'ta`18• E 11 257 1H 00"41`41 E) C 0» RlriB Q0' RICHT-OF-WAY QED"IM P7 Ex c/L 2T.Q0- I �d� 27 a A• o4• '� 7$.tr Fam to si.APA7E comw CH-22-1 89 f S 't8`i9•_ 85.E 1 S 8978'19' E MW/4 SW LANDAU STREETWNW 25 g Q > um.000 t � j Q � wr Ar 1sa mac r 7710[OI�pQ wr Lar aw 6 IAX lfAP 19 aae j►30. � `' � 1 r g vxuwcw HeII M-"ONA LE ASSOC., INC. �. � FKQHT-OF-'WAY VACATM SSE r CH PBOINIL FAX- (CFM) GSW--1=M AUGUST 21, 2003 t►,EMUNRECORDED DoCUW1KN TO- Attachment 3 CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW Hall Blvd Tigard,OR 97223 QiT,�Ni�UAI. . file No. DEDICATION DEED FOR ROAD OR STREET PURPOSES Space above reserved for Washington County Recording information Dennis R and Phyllis Ann Webster do hereby dedicate to the public a perpetual right-of-way for street, road,and utility purposes on,over,across,under,along,and within the following described real property in Washington County,Oregon: Attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. Tire grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is 50.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WrI'NESS WHEREOF,I hereunto set my hand on this_`3 day of L 20 C3 iature �Jllks Y3 k2 Tax Statement Mailing Address Property Address STATE OF OREGON ) )ss' Coumy of Washington ) This irsnancmt was acknowledged before me on { (dare)by L0 6'8�TZ f-'l i (name of person(s)). � 1 3FROAL SEALUtatSrs Sire KARYN BARBER v0TAR`!QUSUC OREGON f _ ldvCommission Expires: W�_�9 dtd RETRY.►Pi RECORDED DOCUMENT TO: CITY HAI..RECORDS DEPARTMENT CITY OF TiGARD 13125 SW Hal Mvd T1ga14 OR 97223 STATE OF OREGON ) }ss. County of Washington This insmmnent was acknowledged before me on V date)by: (mime of person(s)). go L Scor 8O-tECUT Nos Si nue Mty "on Expires: Accepted on behalf of the City of Tigard this day of. 20 City Engineer N I ( I E o so20 I 1 scar I � � I I W 700 1 o- I - — -� wRvE # D&TA +ENc-M RAMS CHM, JXAHI I I I tby 20'50'48' 109.15` 300.0( i M-W N4*-42'52-E 20`47'58' 57-W 15&CKr 57.04' 5755129-W I Q 104.4748` 3292' 1500' 28.52' S36-54`25`E ,,y T �I j - I u s II 7 saE�ar r°-tT>. OO'IGIAM at mm ' c3'/ s lot i~ WD WW M P�ffi 42r3i" E } TAX iDT 800 PROPOSED C 1 W MW tSf 2MC �+ A-1.40 Sf Isamr-t1F'-my 1R1 � ted �- %'I ► K Vl11'.AIM ,tl/ / MW AND Rfl M IMM Dr 4XV i j 1 G 8 t S SEFARArtE 5��tk~� 4R% QST TAKLOr SW TV -- � w rw 1st me uj s— n8s 891W41—W EX. cA- # � xsa S 14-2W ! 76.(r1 PA.BL -N O`4t`4Y E, 25W S 8998`19" E 23&2fr 57.0.3' � S 8ii819'rE- MMa W !a ( nur w Bloc t i jnX t f taco VX Q I uoc t ar saoo r 'we 1cw»ZDC 1AriM .1at I I, arS all i . I I n.0! .dt--- # � � I HARR]!'S—YacitUNsM AMC., INC. &T . ELTJX FAMT-O"AY BMA7M S EICI MML OW-34W FAX {dos) a -rasa AUGUST 25, 2003 HARRIS - McMONAGLE ASSOCIATES INC. ENGINEERS - SURVEYORS 12SSS SW HALL BLVD. TIGARD OREGON, 97223 TEL. (503) 639-3453 FAX. (503) 639-1232 August 25, 2003 LEGAL DESCRIPTION FOR THE DEDICATION OF A PUBLIC RIGHT OF WAY BEING IRRIGULAR IN SHAPE BETWEEN S.W. LANDAU STREET AND S.W. 7e AVENUE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THAT LAND AS DESCRIBED IN DEED TO DENNIS AND PHYLLIS WEBSTER RECORDED IN DEED DOCUMENT No. 2000-082799, ALSO BEING A PORTION OF LOT 29 OF THE DULY RECORDED PLAT OF"BOULEVARD HEIGHTS", SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP 1-SOUTH,RANGE IWEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, OREGON. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25, THENCE ALONG THE SOUTH LINE OF SECTION 25, S 89-19'19"E 292.31 FEET;THENCE AT RIGHT ANGLES TO THE SECTION LINE N 0041'41"E 25.00 FEET TO THE NORTHERLY 25 FOOT RIGHT OF WAY LINE OF S-W. LANDAU STREET AND POINT OF BEGINNING. THENCE ALONG SAID RIGHT OF WAY LINE N 89018'19" W 72.85 FEET TO AN INTERSECTION WITH THE SOUITWASTERLY CURVED 25 FOOT RIGHT OF WAY LINE OF S.W. 74h AVENUE; THENCE ALONG LAST SAID LINE ON THE ARC OF A 300.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20c'50'46" (THE CHORD OF WHICH BEARS N 46042'52"E 108.55 FEET)AN ARC DISTANCE OF 109.15 FEET;THENCE RADIAL TO SAID CURVE S 53°42'31"E 2-00 FEET;THENCE ALONG THE ARC OF A 158.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20047'59"(THE CHORD OF WHICH BEARS S 2505329"W 57-04 FEET)AN ARC DISTANCE OF 57.36 FEET TO A POINT OF COMPOUND CURVE;THENCE ALONG THE ARC OF AN 18.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 104047'49"(THE CHORD OF WHICH BEARS S 36054'25"E 28,52 FEET) AN ARC DISTANCE OF 32.92 FEET TO THE POINT OF BEGINNING. CONTAINING: 1,489 SQUARE FEET. Request to Schedule a Council Agenda Item - File zi,ith Cathy Wheatley or email to #Agenda - Meeting Date 12/16/03 — Packet Material Due 12/02/03 at 5 p.m. (calendar is on the back of this page) Agenda Topic (state as you want the title to appear on the agenda) 74th Avenue @ Landau Street Public Right-of-Way Vacation(VAC2003-00001) Meeting Type/Item Placement Item Information (check all that apply) Business-Executive Session ❑ Local Contract Review Board 0 Business - Business Meeting Motion requested (specify below) 0 Business - Consent Agenda 0 Ordinance z Business - Study Meeting El PowerPoint presentation 0 Special ❑ Public Hearing z Special - Executive Session ❑ Public Hearing- Informational 0 Workshop 0 Public Hearing- Legislative 0 Public Hearing - Quasi-judicial z Receive and File 0 Resolution 11 Estimated time needed at meeting (not required for consent agenda) 15 minutes Staff contact person(s) Matt Scheidegger If a motion (other than an ordinance or resolution) is requested, please specify "Should Council If a legal ad is required, please specify your publication date Other information/instructions N/A -,,r Remember to submit an Agenda Item Summary and Fact Sheet with your packet materials. 9/-3D/03 eA/3 Request to Schedule a Council Agenda Item - File with Cathy Wheatley or email to #Agenda - Meeting Date 10/28/03 Packet Material Due 10/14/03 at 5 p.m. (calendar is on the back of this page) Agenda Topic (state as you want the title to appear on the agenda) 74th Avenue @ Landau Street Public Right-of-Way Vacation Initiation (VAC2003-00001) Meeting Type/Item Placement Item Information (check all that apply) Business-Executive Session 0 Local Contract Review Board ❑ Business - Business Meeting 0 Motion requested (specify below) ❑ Business - Consent Agenda z Ordinance 0 Business -Study Meeting 0 PowerPoint presentation 0 Special 0 Public Hearing 0 Special - Executive Session 0 Public Hearing- Informational 0 Workshop 0 Public Hearing- Legislative El Public Hearing- Quasi-Judicial 0 Receive and File 0 Resolution nx Estimated time needed at meeting (not required for consent agenda)5sabwtes Staff contact person(s) Matt Scheidegger If a motion (other than an ordinance or resolution) is requested, please specify "Should Council initiate vacation proceedings for an approximately 3,241 square foot portion of public right-of-way commonly known as SW 74th Avenue. If a legal ad is required, please specify your publication date N/A Other information/instructions NZA \jV Q .\[ Remember to submit an Agenda Item Summary and Fact Sheet with your packet materials. cl 0,0 REQUEST FOR COMMENTS CITY OFTIGARD Community Development Shaping,4 Better Community DATE: October 30,2003 TO: Kim McMillan,Development Review Engineer RECEIVED PLANNING FROM: City of Tigard Planning Division NOV 2 1 2003 STAFF CONTACT: Mathew Scheidegger,Associate Planner 1x24371 Phone:150316394171/Fax:(5031684-7291 CITY OF TIGARD BE: VACATION (VAC) 2003-00001 ➢ 74TH AVENUE @ LANDAU STREET PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TO VACATE: The applicant is requesting that the City vacate 3,241 square feet of public right-of-way that lies to the northwest of the SW 74th Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th Avenue, the applicant has secured a right-of-way dedication agreement with the adjacent property owners to the east. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed parcels of the recently submitted Weigela Terrace Subdivision; however, the proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R-4.5 zoning district. DATE REQUEST WAS FILED: July 11, 2003 Attached are the Site Plan, Vicinity Map, Applicant's Statement and Resolution Initiating Vacation Proceedings for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the pro osal in the near future. If ou wish to comment on this application, W1EE "YOUR CMMTS.� . . Nt '''.� You may use the space provided a obw or a ac a separate letter to return your commen s. ou are unable to res and b the above date, please phone the staff contact noted above with your comments an con irm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223 or by e-mail to matts@ci.tigard.or.us. PLEASE CHECK THE FOLL0 ING ITEMS THAT APRLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed a er. Written comments provided below: Name&Phone Number of Person Commenting: REQUEST FOR COMMENTS CITY OFTIGARD Community Development ShapingA Better Community DATE: October 30,2003 TO: Barbara ShieldS,Long Range Planning Manager RECEIVED PLANNING FROM: CRY of Tigard Planning DluiSion NOV 2 1 2003 STAFF CONTACT: Mathew Scheidegger,Associate Planner[x24371 CITY OF TIGARD Phone:[5031639-4171/Fax;(5031684-1291 BE: VACATION (VAC) 2003-00001 ➢ 74TH AVENUE @, LANDAU STREET PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TO VACATE: The applicant is requesting that the City vacate 3,241 square feet of public right-of-way that lies to the northwest of the SW 74th Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th Avenue, the applicant has secured a right-of-way dedication agreement with the adjacent property owners to the east. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed ,parcels of the recently submitted Weigela Terrace Subdivision; however, the proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R-4.5 zoning district. DATE REQUEST WAS FILED: July 11, 2003 Attached are the Site Plan, Vicinity Map, Applicant's Statement and Resolution Initiating Vacation Proceedings for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on thero osal in the near future. If you wish to comment on this application, WMEER";YOUR Cts T , , N You may use the space provided below or attach M separate letter to return your comments. it vou are unable to res and bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223 or by e-mail to matts@ci.tigard.or.us. PLEAS, CHECK T.HE FI_LOININQ ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed a er. Written comments provided below: Name& Phone Number of Person Commenting: 11/03/2003 09:45 FAX 5036492733 16001 REQUEST FOR COMMENTS CM of TIGARD GommuMty oevetopmeent Shaping yr Better Community DATE: Octoheir 30 2005 Thalallin Valley Water Olstrlct Administratiuo ofnccs 1-ZD t FROM: CIM of Tigard Planning Tifton STAFF CONTACT: Mathew Schoidegger,Associate Planner fx2A371 Phone:15031639411UFax:15031684 722 BE VACATION (VAC) 2003-00001 ➢ 74TH AVENUEg) LANDAU STREET PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TUYAC. M:The a ticant .re uestint_ _ al<the.0 vacate.3,24.1 square feet of public right-of way that lies to the northwest of the SisW 74ti`Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th Avenue, the applicant has secured a right-of=-way dedication agreement with the adjacent property owners to the east. With the successful vacation of the reqnested right-of-wa , the subject square footage would be incorporated into the proposed parcels of khe recently submitted Weigela Terrace Subdivision; however, the proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R-4.5 zoning district. DATE REQUEST WAS FILED: July 11, 2003 Attached are the Site Plan, Vicinity Map, Applicant's Statement and Resolution Initiating Vacation Proceedings for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the roosal in the near future. If ou wish to comment on this application, 11 111111111111 IN You may use the space provided a ow or a ac a separate letter to return your comments. it you are unable to respond by the above date, please phone the staff contact noted above with your commentsand confirm your comments in writing as soon as possible. If you have an questions contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223 or by e-mail to matts@cz.tagard.or.us. We have reviewed the proposal and have no objections to it, Please contact of our office. Please refer to the enclose a er. —t, Written comments provided below: r Name&Phone Number of Person Commenting: , �. i •3ej. i � �r.'k�, a r— zc yw 0 o N CA ;30 0M I m �► It -� ► - %J� 1 I I REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA Better Community DATE: October 30,2003 TO: PER ATTACHED FROM: City of Tigard Planning Division STAN CONTACT: Mathew Scboidegger,Associate Planner(x24371 Phone:15031639-4171/Fam(503)684-7297 BE: VACATION (VAC) 2003-00001 ➢ 74TH AVENUE @ LANDAU STREET PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TO VACATE: The applicant is requesting that the City vacate 3,241 square feet of public right-of-way that lies to the northwest of the SW 74th Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th Avenue, the applicant has secured a right-of-way dedication agreement with the adjacent property owners to the east. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed parcels of the recently submitted Weigela Terrace Subdivision; however, the proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R-4.5 zoning district. DATE REQUEST WAS FILED: July 11, 2003 Attached are the Site Plan, Vicinity Map, Applicant's Statement and Resolution Initiating Vacation Proceedings for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on thero osal in the near future. If you wish to comment on this application, �� eOMME TS.„ A :, You may use the space provided below or attach a separate letter to return your comments. it you are unable to res and bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223 or by e-mail to mans@ci.tigard.or.us. PLEASE CHECK THE FOLLOW, ITEMS THAT:APo�Y� We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed a er. T Written comments provided below: Name& Phone Number of Person Commenting: CITY i TIGARD REQUEST FOR COQ._ T ENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: iz c-g FILE NAME: CITIZEN INVOLVEMENT TEAMS LA 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: []Central [ Kast ❑South ❑West ElProposal Descrip.in Library CIT Book CITY OFFICES e:LONG RANGE PLANNING/Barbara Shields,Planning Mgr. ANGINEERING OMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. POLICE DEPTJJim Wolf,Crime Prevention Officer _BUILDING DIVISION/Gary Lampella,Building Official DEPTJKim McMillan,Dvipmnt.Review Engineer gWATER DEPTJDennis Koellemteier,Public Works Mgr. _CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC WORKS/John Roy,Property Manager _PUBLIC WORKS/Matt Stine,Urban Forester ✓PLANNER-POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! SPECIAL DISTRICTS / _ TUAL.HILLS PARK&REC.DIST.*XTUALATIN VALLEY FIRE&RESCUE* �-TUALATIN VALLEY WATER DISTRICT* VICLEANWATER SERVICES Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE 19RISDICTIONS CITY OF BEAVERTON _ CITY OF TUALATIN _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge _ Irish Bunnell,Development services 18880 SW Martinazzi Avenue PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNINGOR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM 600 NE Grand Avenue _ 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Bob Knight,Data Resource center(ZCA) US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator OR.DEPT.OF LAND CONS ERV.&DVLP_Kathryn Harris Mel Huie,Greenspaces Coordinator(CPA/ZOA) Larry French(comp.Pian Amendments only) Routing CENWP-OP-G _CITY OF KING CITY iliennifer Budhabhatti,Regional Planner(wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager A.S:Manager,Grovvd,Managemem servers Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY OR.DEPT.OF ENERGY(Powedines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tam Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO Routing TTRC-Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro OR 97124 PO Box 369 Portland,OR 97208-3621 _Brent Curtis(CPA) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 —Anne LaMountain(IGAURB) ITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) !(Marah Danielson,Development Review Coordinator it Healy(IGANRB) Tanning Bureau Director Regional Administrator -'`earl Toland, Right-of-Way Section(vacations) teve Conway(General Apps.) 1900 SW 4"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders � Sr.Cartographer(cPAacA)W 14 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(ZCA)Ms 15 Doria Mateja(ZCA)Ms 14 _WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"911"(Monopole Towers) ODOT,REGION 1 -DISTRICT 2A SIF Dave Austin Jane Estes,Permit spermist PO Box 6375 5440 SW Westgate Drive,Suite 350 Beaverton,OR 97007-0375 Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN RIR,BURLINGTON NORTHERNtSANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 _SOUTHERN PACIFIC TRANS.CO.R/R —METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Randy Bice (see MepW Areec«sen) (if Project is Within Y.Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 PORTLAND GENERAL ELECTRIC XNW NATURAL GAS COMPANY NERIZON QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Patty Stambaugh,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 _TIGARDITUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 V_COMCAST CABLE CORP. XCOMCAST CABLE CORP. Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev(seeMepfor Area C-0 Diana Carpenter(App.E.mHduN09sW) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portland,OR 97232 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANYIALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification Ust.doc (UPDATED: 17-Jul-03) (Also update:"4:\curptn\setup\labels\annexation_utilities and franchises.doc"when updating this document) AFFIDAVIT OF MAILING CITY OF TIGARD Community(Development Shaping.A BetterCommunity 1, (Patnei'af- Lu d, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministratimSpeciatuit for the City County, Oregon and that I served the following: (Check Appropriate Box(s)Below) NOTICE OF PUBLIC NEARING FOR: l� VAC2003-00001/74" AVENUE (W LANDAU STREET PUBLIC ROW STREET VACATION (File No./Narne Reference) HEARING BODY: HEARING DATE: City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council (12116/2003) A copy of the said notice being hereto attached, marked WNW,and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked fthibit"B",and by reference made a part hereof, on November 24,2003,and deposited in the United States Mail on NeVember 24.200 3,postage prepaid. (Pen �7 P e'M�qn t P*mred NlNice )�Z STMtE 0q'0WG0W CITMCfty 7LI I1W Subscribed and sworn/ ffir d before me on the day of 2003. OFFICIAL SEAL J BENGTSON -OREGON NOTARY PUBLIC - COMMISSION NO.368086 MY COMMISSION EXPIRES APR.27,2007 NOTARY PUBLIC OFUREGON MY COMMiSSION EXPINS: NOTICE TO MORTGAGEE,LIENHOLUER,VENDOR OR SELLER: BXHIBIT,.A._ THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER, CITY OF TIGARD Community 0evefopment ShapingA(Better Community CITY OF TIGARD NOTICE OF STREET VACATION & PUBLIC NEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY DECEMBER 16 2003 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: VACATION (VAC) 2003-00001 FILE TITLE: 74TH AVENUE @ LANDAU ST. PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: Land Development Strategies, Inc. OWNER: Gordon and Marguerite Stewart Attn: Christy Wiegel 5820 SW Miles Court 26778 SW Colvin Lane Portland, OR 97219 Wilsonville, OR 97070 REQUEST: The applicant is requesting that the City vacate 3,241 square feet of public right-of-way that lies to the northwest of the SW 74th Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th Avenue, the applicant has secured a right-of-way dedication agreement with the adjacent property owners to the east. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed parcels of the recently submitted Weigela Terrace Subdivision; however, the proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R-4.5 zoning district. LOCATION: The section of SW 74th Avenue that lies to the northwest of the SW 74th Avenue/Landau Street intersection. DATE REQUEST WAS FILED: July 11, 2003 THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON OCTOBER 28, 2003 BY SETTING A FORMAL PUBLIC HEARING DATE OF DECEMBER 16, 2003 (Resolution No. 03-57). ANY INTERESTED PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC RIGHT-OF-WAY AND EASEMENT VACATION. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY DECEMBER 16. 2003 BY 7:30 PM. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR MATHEW SCHEIDEGGER, ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO MATTS(ab_CI.TIGARD.OR.US. F_ ST CITY of ELMWOOD ST VICINITY M" _ LOLA _ LN ST VAC2003-00001 74TH AVENUE - LN LANDAU STREET PUBLIC RIGHT-OF-WAY ST STREET VACATION X ~ - A"mjdnuft location of b area to!_"vacated ST r NTURA r� S _w ow x tol: 8��10 aU.:i" Cu}tat_ iJ+R ?y _ r Tgard Area Map I—L-J, <L N —. LOCUST .......... �...... J � ---- 0 i00 200 300 400 Feet EF-] City of Tigard LIJ inftxmalmt o0 this maP ro for general WCetioR a4Y ar.i MAPLELEAFC-� Q anwmoe entiad Mn ne oe eiopmeni se ces meson l��__.....� �� �� p:/2 W Raa 11W Ili Tgard,OR 97223 (503)139-4171 h1p:/tWww.ci.iigard.or.us BACKARDJIEV ALEXANDER& LAWSON BRENT E EXHIBIT_.___ RUMIANA 9990 SW LANDAU PL 7505 SW LANDAU TIGARD,OR 97223 TIGARD,OR 97223 1 S 1 36AB-00500 1 136AB-06300 BOUDREAU PETER& MA3PSTIOODS OWNERS OF BROWN-BOUDREAU GRETCHEN LOT -8 7320 SW LANDAU PORTLAND,OR 97223 1 S 125CD-06000 1 S 125CD-04105 CHAPMAN DAVID S FAMILY TRUST& MANDAVILLE JON E CHAPMAN MARICA L FAMILY TRUST 9880 SW LANDAU PL 9840 SW LANDAU PL TIGARD,OR 97223 TIGARD,OR 97223 1S136AB-06100 1S136AB-00400 FITZGERALD NEAL J&CALISTA L MULHEARN FRANCIS X&CHERYL A 7453 SW GORDANA CT 10055 SW 72ND TIGARD,OR 97223 TIGARD,OR 97223 1S136BA-00200 1S125CD-05800 HANSON DONALD E TRUST OAKLEY DAVID R&DEANNA R PO BOX 12 8811 SW SPRUCE ST WELCHES,OR 97067 TIGARD,OR 97223 1 S 1 36AB-06000 1S136BA-05900 HARDINGE LIVING TRUST OLSON DOUGLAS R& BY HAL W&KRISTEN J HARDINGE TRS MUIR-OLSON LINDA J 7431 SW GORDANA CT 10045 SW 75TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 125DC-01200 1 S 125CD-04201 HOBBS RONALD E AND JUNE E REMMICK DELTON D 7205 SW VENTURA DR 7501 SW LANDAU TIGARD,OR 97223 PORTLAND,OR 97223 1 S 125CD-05900 1 S 125DC-00300 HOLD DAVID JASON/JENNY ANN& SENN ERNEST E ELDA H SPITZER ROBERT FRANK/MELANIE E 9750 SW 74TH AVE 9900 SW LANDAU PL PORTLAND,OR 97223 TIGARD,OR 97223 1S136AB-00401 1S136AB-06200 IRVIN DARRE;L B SMITH JEFFREY W& 7280 SW LANDAU HUNNICUTT GEOFFREY D TIGARD,OR 97223 7485 SW GORDANA CT TIGARD,OR 97223 1S1361BA-06100 1S125DC-00700 KOMERS RADKO& STEWART GORDON A& KOMERSOVA KARLA MARGUERITE 7548 SW LANDAU ST 5820 SW MILES COURT PORTLAND,OR 97223 PORTLAND,OR 97219 1 25D"0800 ST ART G DON A AND MAR E 582 ILES COURT RTLAN .0 OR 97219 1 S 125DC-01100 STORER ROBERT A& TOCCI-STORER BEVERLY A 7225 SW VENTURA DR TIGARD,OR 97223 1 S 136BA-06000 TAI SLATER&CYNTHIA 7520 SW LANDAU ST PORTLAND,OR 97223 1S136BA-06200 VORENKAMP JANET M 7576 SW LANDAU TIGARD,OR 97223 1 S 125DC-01000 W HINGT SQUARE ESTATES LOT O ERS 1 S 125DC-00900 WEBSTER DENNIS R&PHYLLIS ANN PO BOX 11229 PORTLAND,OR 97211 CHRISTY WIEGLE LAND DEVELOPMENT STRATEGIES. INC. 26778 SW COLVIN LANE WILSONVILLE, OR 97070 COMMUNITY NEWSPAPERS Legal P.O. BOX 370 PHONE (503)684-0360 Notice TT 10325 BEAVERTON,OREGON 97075 Legal t CITY OF TIGARD City of Tigard OREGON 013125 SW Hall Blvd. Tigard,Oregon 97223 NOTICE OF STREET VACATION& PUBLIC HEARING kccounts Payable VACATION(VAC)2003-00001 74TH AVENUE @ LANDAU STREET PUBLIC RIGHT-OF- WAY IGHT OF- WAY STREET VACATION< The Tigard City Council will hold a public hearing on Tuesday December 16,2003 at 7:30 PM at the Tigard City Hall,Town Hall AFFIDAVIT OF PUB Room, 13125 SW Hall Boulevard,Tigard,Oregon 97223 to consider the proposed vacation involving 3,241 square feet of public right-of- STATE OF OREGON, } SS way that lies to the northwest of the SW 74'Avenue/Landau Street COUNTY OF WASHINGTON, ) intersection. The reason for the vacation request is the Tigard Transportation i, Ka-thy _Snyder — System Plan indicates that SW 741 Avenue is to meet SW Landau being first duly sworn, deposeand say that ! Street ata 90 degree angle. To facilitate the realignment of SW 74' Director, or his principal clerk, of theT'igar Avenue, the applicant has secured a right-of-way dedication a newspaper of general circulation as defint agreement with the adjacent property owners to the east. and 193.020; published at Tigard With the successful vacation of the requested right-of-way, the aforesaid county and state; that the subject square footage would be incorporated into the proposed Nr)t-ire –f Street Vaca ion/V A parcels of the recently submitted Weigela Terrace Subdivision; a printed copy of which is hereto annexed, w however,the proposed lots of the subdivision do not need the square TWO footage of the vacation application to meet minimum lot size entire issue of said newspaper for standards of the underlying R-4.5 zoning district. consecutive in the following issues: The request was filed with the City on July 11,2003 and initiated by the City Council at the request of the applicant on October 28,2003. November 27 December 4 , 2003 Any interested person may appear and be heard for or against the proposed vacation of said 741 Avenue @ Landau Street Public Right- of-Way Street Vacation. Any written objections or remonstrance's shall be filed with the City Recorder by 7:30 PM on December 16, } 2003. Further information may be obtained from the Planning Division (staff contact: Mathew Scheidegger)at 13125 SW Hall Boulevard, Subscribed and sworn t of me thi64th Tigard, Oregon 97223, by calling 503-639-4171, or by e-mail to malts@ci.tigard.orus. 426 TT 10325–Publish November 27,December 4,2003. o ry Public for Oregon NOTARY PUBUO-OREGON COMMISSION NO.344589 My Commission Expires: MY COMMISSION EXPIRES MAY 16,2005 AFFIDAVIT ST II CITY of . GEOGRAPHIC INFORMATION SYSTEM ELMWOOD ST YIgN1TY MAP LOLA LN - �- VAC2003-00001 RBARA 74TH AVENUE @ LN LANDAU STREET PUBLIC RIGHT-OF-WAY ST STREET VACATION -1-17 � " Appro2dnWe location of " area to vacated .HST — I ENTURA C/) I Tigard Area Ma " 9 P d > Q N -- --� r LOCUSTS7 o too zoo 300 400 Feet EF I I 1-311 feet City of Tigard W —A > MAPLELEAF �—�_ `I Information on this map is for general location only and — Q( should he verified with the Development Services Division. ---�. ST 131225 SW Hall Blvd Tigard, 97223 (503)63 4171 1 I (503)635-4171 http://w .eitigard.oc us Community Development Plot date:Oct 15,2003;C:\magic\MAGlCO3.APR Christy Wiegel VAC2003-00001 Land Development Strategies, Inc. 74TH AVENUE @ LANDAU STREET PUBLIC 267708 SW Colvin Lane RIGHT-OF-WAY STREET VACATION Wilsonville, OR 97070 Gordon and Marguerite Stewart 5820 SW Miles Court Portland, OR 97219 AFFIDAVIT OF POSTING NOTICE City of Tigard Planningdivision 13125 SW Hall Boulevard' Tigard, OR 97223 In the Matter of the Proposed Vacation of: Land Use File No.: VAC2003-00001 Land Use File Name: 74T" AVENUE (7 LANDAU STREET PUBLIC RIGHT-OF-WAY STREET VACATION — 12/16/03 PUBLIC HEARING I, Mathew Scheidegger, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard, Washington County, Oregon and that I personally posted notice of Public Hearing on the proposed Vacation by means of weatherproof posting in two (2) conspicuous places at or near each end of the proposed vacation area, a copy of-said notice being hereto attached and by reference made a part hereof, on the .7 day of Cfr � . 2003. •r C , Signatu e f P rson W66Performed Posting (In the presence of the Notary) City nw1wodw Tt*iom SS Subscribed and sworn/affirmed before me on the �27 _ day of IL-4 20 0-3 . OFFICIAL SEAL KRISTIE J PEERMAN NOTARY PUBLIC-OREGON COMMISSION NO.370962 MY COMMISSION EXPIRES JULY 26,2007 NOTARY PUBLI OF OREGON My Commission Expires: SL'4 a � I:\curpin\patty\annex\affidavit of posting annexation site.doc NOTICE OF STREET VACATION & PUBLIC HEARING . The following will be considered by the Tigard City Council on Tuesday December 16, 2003 at 7:30 PM at the Tigard Civic Center - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon. Both public oral and written testimony is invited. 74th AVE. @ LANDAU STREET PUBLIC RIGHT-OF-WAY VACATION VACATION (VAC) 2003-00001 The public hearing on this matter is to consider the proposed vacation involving 3,241 square feet of public right-of-way that lies to the northwest of the SW 74th Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th Avenue, the applicant has secured a right-of-way dedication agreement with the adjacent property owners to the east. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed parcels of the recently submitted Weigela Terrace Subdivision; however, the proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R4.5 zoning district. The request was filed with the City on July 11, 2003 and initiated by the City Council at the request of the applicant on October 28, 2003. Any interested person may appear and be heard for or against the proposed vacation of said 74h Avenue @ Landau Street Public Right-of-Way Street Vacation. Any written objections or remonstrance's shall be filed with the City Recorder by 7:30 PM on December 16, 2003. Further information may be obtained from the Planning Division (staff contact: Mathew Scheidegger) at 13125 SW Hall Boulevard, Tigard, Oregon 97223, by calling 503-639-4171, or by e-mail to matts0-6.1ti-clard.orms. ST ICITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM ELMWOOD ST �E� NOTIFIED LOLA LN ST Parallel 200 feet Lateral 400 feet ARBARA LN VAC2003-00001 0 ST yam � ;H ST051 44'! ENTURA NN as - 3S1I'�CAt004 M. y�eD 7A1fEIl/W50f� I�IIiR W Q A N LOCUST ST 0 100 200 300 400 Feet 1"=311 feet I+ City of Tigard W Q Information on this map is for general location only and MAI-1�LELEAF should be verified with the Development Services Division. - — ST 13Hall Blvd Tigard, OR 97223 _ (503)639-4171 http.//www.ci.tigard.onus Community Development Plot date:Oct 15,2003;C:\magic\MAGIC03.APR 1S125CD-04200 1S125CD-05700 BACKARDJIEV ALEXANDER& LAWSON BRENT E RUMIANA 9990 SW LANDAU PL 7505 SW LANDAU TIGARD,OR 97223 TIGARD, OR 97223 1S136AB-00500 1 136AB-06300 BOUDREAU PETER& MAJESTI GODS OWNERS OF BROWN-BOUDREAU GRETCHEN LOT -8 7320 SW LANDAU PORTLAND,OR 97223 1 S 125CD-06000 1 S 125CD-04105 CHAPMAN DAVID S FAMILY TRUST& MANDAVILLE JON E CHAPMAN MARICA L FAMILY TRUST 9880 SW LANDAU PL 9840 SW LANDAU PL TIGARD,OR 97223 TIGARD,OR 97223 1S136AB-06100 1S136AB-00400 FITZGERALD NEAL J&CALISTA L MULHEARN FRANCIS X&CHERYL A 7453 SW GORDANA CT 10055 SW 72ND TIGARD,OR 97223 TIGARD,OR 97223 1S136BA-00200 1S125CD-05800 HANSON DONALD E TRUST OAKLEY DAVID R&DEANNA R PO BOX 12 8811 SW SPRUCE ST WELCHES,OR 97067 TIGARD,OR 97223 1S136AB-06000 1S136BA-05900 HARDINGE LIVING TRUST OLSON DOUGLAS R& BY HAL W&KRISTEN J HARDINGE TRS MUIR-OLSON LINDA J 7431 SW GORDANA CT 10045 SW 75TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 125DC-01200 1 S 125CD-04201 HOBBS RONALD E AND JUNE E REMMICK DELTON D 7205 SW VENTURA DR 7501 SW LANDAU TIGARD,OR 97223 PORTLAND,OR 97223 1S125CD-05900 1S125DC-00300 HOLD DAVID JASON/JENNY ANN& SENN ERNEST E ELDA H SPITZER ROBERT FRANK/MELANIE E 9750 SW 74TH AVE 9900 SW LANDAU PL PORTLAND,OR 97223 TIGARD,OR 97223 1S136AB-00401 1S136AB-06200 IRVIN DARRELL B SMITH JEFFREY W& 7280 SW LANDAU HUNNICUTT GEOFFREY D TIGARD,OR 97223 7485 SW GORDANA CT TIGARD,OR 97223 1 S 136BA-06100 1 S 125D C-00700 KOMERS RADKO& STEWART GORDON A& KOMERSOVA KARLA MARGUERITE 7548 SW LANDAU ST 5820 SW MILES COURT PORTLAND,OR 97223 PORTLAND,OR 97219 1 25dC-00600 ST ART G DON A AND MAR TE 582 lLES COURT RTLAN ,OR 97219 1 S 125DC-01100 STORER ROBERT A& TOCCI-STORER BEVERLY A 7225 SW VENTURA DR TIGARD,OR 97223 1S136BA-06000 TAI SLATER&CYNTHIA 7520 SW LANDAU ST PORTLAND,OR 97223 1S136BA-06200 VORENKAMP JANET M 7576 SW LANDAU TIGARD,OR 97223 1 S 125DC-01000 W HINGT SQUARE ESTATES LOT O ERS 1 S 125DC-00900 WEBSTER DENNIS R&PHYLLIS ANN PO BOX 11229 PORTLAND,OR 97211 CITY OF TIGARD Journal Entry Form JE # 372 G/L # 10 JE Date: 4/28/2004 Description: WEIGEL, CHRISTINE T 03-2996 From: 2/11/03 Month Ending: 4/30/04 Reviewed By: Entered By: Date Entered: 4/26/2004 Debit(+) Additional Ln# Account# Credit(-) Amount Information Tm# 1 100-0000-229000 + 1,568.00 Transfer funds/Deposit to: 1 2 100-0000-438000 - 1,568.00 Vacation-Application Fee 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 -Amngh 21 22 23 + 1,568.00 24 - 1,568.00 25 = 0.00 26 27 28 29 30 'R ?M City of Tigard Request for Journal Entry Cit o Tr. and This farm is used for journal entry requests to correct posting of permit application fees to appropriate revenue account. A copy of the receipt and applicable documentation for the journal entry request must be attached to this form. All requests are routed to Accounts Payable and a Journal Entry Form confirming posting is returned to the Tidemark system administrator. The Tidemark system administrator will correct the permit fees with the JE#. DATE: April 28, 2004 REQUESTED BY: Dianna Howse USER ED: PLL DESCRIPTION: VAC2003-00001, receipt #2003-2996 dated 7/11/03 EXPLANATION: Transfer funds from Customer Deposit to Application Fee. Posted Account# Amount Correct Posting To Account# Correct Account Description Posted Account Description Amount 100-0000-229000 $1,568.00 100-0000-438000 $1,568.00 [DEPOS] Customer Deposit [LANDUS] Application Fee Total: $1,568.00 Total: $1,568.00 i:\Building\Accounting\RequestJoumalEniTy.doc 04104 Tigard, Oregon 97223 (503) 639-4171 Receipt #: 27200300000000002996 Date: 07/11/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MIS2003-00025 [LANDUS]Lot Line Adjustment 100-0000-438000 159.00 VAC2003-00001 (REPOS]Customer Deposit 100-0000-229000 1,568.00 SUB2003-00012 [LANDUS] APPLICATION FEE 100-0000-438000 4,070.00 Line Item Total: $5,797.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Paid CreditCard CHRISTINE WEIGEL CAC 511027 In Person 5,797.00 Payment Total: $5,797.00 CITY 4F TIGARD Community 0evefopment ShiTingA Getter Community Oft FILE NO.: VACATION (YAC) 2003-00001 FILE TITLE: 74TH AVE. @ LANDAU ST. PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: Land Development Strategies, Inc. OWNER: Gordon and Marguerite Stewart Attn: Christy Wiegel 5820 SW Miles Court 26778 SW Colvin Lane Portland, OR 97219 Wilsonville, OR 97070 REQUEST: The applicant is requesting that the City vacate 3,241 square feet of public right-of-way that lies to the northwest of the SW 74th Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th Avenue, the applicant has secured a right-of-way dedication agreement with the adjacent property owners to the east. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed parcels of the recently submitted Weigela Terrace Subdivision; however, the proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R-4.5 zoning district. LOCATION: The section of SW 74th Avenue that lies to the northwest of the SW 74th Avenue/Landau Street intersection. DATE REQUEST WAS FILED: July 11, 2003 CIT AREA: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: DATE COMMENTS WILL BE SENT: OCTOBER 34 2003 DATE COMMENTS ARE DUE: NOVEMBER 30 2003 ® CITY COUNCIL DATE TO INITIATE VACATION PROCEEDINGS: TUESDAY— 10/28103 TIME: 7:30 ® CITY COUNCIL DATE OF PUBLIC HEARING: (Tentative) TUESDAY— 12/16103 TIME: 7:30 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® NARRATIVE ® SITE PLAN ® REQUEST BY PETITIONER TO INITIATE VACATION STAFF CONTACT: Mathew Scheidegger, Assistant Planner (503) 639-4171, Extension 2437 CITY OF TIGARD STREET AND EASEMENT VACATION SCHEDULE h:lpattylmasters\street and easement vacation schedule.doc Updated:4-Mar-02 PROJECT NAME: SCHEDULE OF SPECIFIC ACTIVITIES OUTLINED BELOW: COUNCIL INITIATION PROCESS: (DATE) r Council Packet item to Initiate the Vacation Process is due to the Planning Manager (3 WEEKS PRIOR TO INITIATION PUBLIC HEARING) CONTENTS OF PACKET 1. Fact Sheet 2. Agenda Item Summary 3. Resolution with Legal Description and Map 4. Letter Requesting Vacation Council Packet"VACATION INITIATION" Item due to City Administration (2 WEEKS PRIOR TO THE PUBLIC HEARING Council INITIATION of the Vacation Request (VIA BUSINESS MTG. ON THE CONSENT AGENDA, DATE:_ PUBLIC NEARING PROCESS: (DATE) Notification to property owners of the area affected based on ORS 271°080 Notice Requirements* (21 DAYS PRIOR TO THE PUBLIC HEARING) (ORS does not indicate a mail-by date to property owners, therefore, the City's standard public hearing notification timelines are used,) Request for Comments Re: Notice of Intent to Vacate to Staff, Utility Providers., th- County and Ottier lnterest-,J Parties (A COUPLE OF DAYS FOLLOWING COUNCIL'S INITIATIONIPROVIDE 30 DAYS (TM( 15,08.060.(.-Per Julia's recommendation)TO RESPOND TO REQUEST) 41 Submit Newspaper Ad to the Newspaper (FRIDAY PRIOR TO THE I" PUBLICATION DATE) f f I" Newspaper Publication (2 FULL CONSECUTIVE WEEKS PRIOR TO THE PUBLIC HEARING/NO LESS THAN 14 DAYS PRIOR TO THE PUBLIC HEARING) Planner Posts Notice on the Subject Site in 2 Conspicuous Places at or near Each End of the Proposed Vacation Area (WITHIN S DAYS AFTER THE FIRST DAY OF PUBLICATIONINO LESS THAN 14 DAYS PRIOR TO THE PUBLIC HEARING) CONTENTS OF POSTED NOTICE (O.R.S. 271.110) and (T.M.C. 15.08.120) 1. Heading entitled "NOTICE OF (What is being Vacated)VACATION" 2. Description of area covered by the petition 3. Date petition was filed 4. Name of at least 1 petitioner S. Date when the petition and any objections or remonstrances will be heard and considered (Any abjection or remonstrance must be submitted in writing and filed with the City prior to or at the public hearing) _ 2°d Newspaper Publication (MINIMUM OF I WEEK PRIOR TO THE PUBLIC HEARING) Request for Comments Due Back from Agencies Previously Nptified ' Packet Material/Report Due to the Planning Manager For Review (3 WEEKS PRIOR TO THE PUBLIC HEARING) CONTENTS OF PACKET 1. Fact Sheet 2. Agenda Item Summary 3. Ordinance with Legal Description and Map 4. Copy of Resolution Initiating Vacation Packet Material/Report Due to City Administration (2 WEEKS PRIOR TO THE PUBLIC HEARING) J / ; City Council Public Hearing Date on the Vacation Request Post Ordinance of the Vacation Proceedings by the City Recorder (ORDINANCE NO.: ) Ordinance Sent to be Recorded/Filed with Wa Ilington County Assessor's and Surveyor's Offices in Order to Obtain a Title to the Area Vacated ,� Vii. e z-/ RIGHT-OF-WAY (ROW) Vacation Request SW 74th at Landau Submitted by: Land Development Strategies, Inc. August 27, 2003 ROW VACATION REQUEST SGS\\jSV Pre-Application Notes f Weigela Terrace CO o�NGrEp�tN� Transportation System Plan Neighborhood Routes 8-4 ROW Dedication Deed and Legal Description ROW Vacation Plan and Legal Description Chapter 15.08 Street Vacations Comprehensive Plan Transportation Element CIP Schedule Land Development Strategies, Inc. 26778 SW Colvin Lane Wilsonville, OR 97070 Office: (503) 682-1140 Fax: (503) 582-8870 August 27, 2003 City Council City of Tigard 13125 SW Hall Blvd. Tigard, OR 97225 RE: ROW Vacation, SW 74th Avenue Dear Members of City Council: We have recently been notified that our request for a 10-lot Subdivision (Type II) adjacent to the northwest corner of SW 7e and SW Landau has been deemed complete. Prior to filing our application, a pre-application conference was held during which time Staff discussed and documented in the Pre-Application Conference Notes (See Page 8 of the City of Tigard Pre-Application Conference Notes located behind Tab 2) changes in the Tigard Transportation System Plan (TSP) for the above-referenced intersection. The TSP indicates an improvement to SW 74t' to Neighborhood Route standards and a realignment of SW 74th to intersect SW Landau at a right angle. See Figure 8-4 Proposed Neighborhood Routes, Chapter 8 City of Tigard Transportation System Plan (Located behind Tab 3). Applicant's engineer has met with Staff to establish the alignment of SW 74th consistent with TSP. Staff has concurred with the proposed alignment. To facilitate the City's proposed request for realignment, Applicant approached the adjacent property owners regarding ROW dedication. Based on several discussions and pursuant to the attached Street Dedication and ROW Dedication Agreement (Located behind Tab 4), Applicant has secured a ROW Dedication on the City's behalf from the adjacent property owners, Dennis and Phyllis Ann Webster to facilitate the realignment. Applicant has the original notarized dedication ready for recording upon acceptance of the vacation request. Applicant believes that the anticipated Conditions of Approval for the above- referenced subdivision will require 1/2 street improvements to SW 74th that are consistent with the realignment of SW 74th Street co Neighborhood Route standards. Given this, 3241 Square Feet of land once required for SW 74�hwill no longer be necessary for ROW dedication. Applicant therefore requests the City of Tigard to vacate 3,241 square feet of land outside the ROW of the proposed newly realigned street. The plan and legal description is shown behind Tab 5. There are a number of reasons that vacating the right of way makes sense to the City of Tigard. These reasons are as follows: 1. The area ceases to act as ROW once the new curb, gutter and street is installed. 2. The new planting strip and sidewalk should be installed consistent with the street section of the remainder of the proposed subdivision. Given that, the area behind the sidewalk appears to be private property which is consistent with all other front yards in the City of Tigard. If the area was not vacated, the area of land behind the sidewalk becomes"No Man's Land". The adjacent property owner has no interest in maintaining or assuming responsibility since it is publicly owned. In that case pedestrians or bicycle traffic may continue to *"cut the corner" as is the case now. In the least desirable situation, the public may use the area for parking, or as an unsafe play area. 3. If the City vacates the area, the City no longer has maintenance responsibilities. Instead the future lot that receives the benefit of the vacated area will incorporate the area into its front yard landscape and subsequent maintenance program. 4. Once the vacation becomes effective and the adjacent lots assume ownership of the vacated area and the 1I2 street improvements are complete, the newly realigned SW 74th street take-on the looks of a desired Neighborhood Route. 5. Applicant has not relied on the vacated lot area to meet minimum lot size standards in the underlying zone. The average lot size is 7,504 feet WITHOUT the vacation. We have forwarded the fee of $1,568 and respectfully request City Council to recommend vacation proceedings based on the following findings pursuant to Chapter 15.08 of the City of Tigard Municipal Code located behind Tab 6. Sincerely, Christy Wi gel ADOMOKAL CONCERNS OR COMMENTS: 74C hr AW Z04" PROCEDURE � Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMffrU PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the CommunityDevelopment Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted mail or dropped off at the counter without Planninq Division acceptance may be returned. The Planning counter closes at 4:00 PM. Maps submitted with an applicat on shall be folded IN ADVANCE to 8.5 by 1'I inches. One 10.11, 81/2" X 11" mat) of a eroposed proiect should be submitted for attachment tothe staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF Tr" Pre-Application Conference Notes Page 8 of 9 PaWeffU Appicadawlanrjw DvWm secim „ CITY OF r RD ~: �CWm Transportation �•� - � = Systems Plan c06 d” , i" �• !y ' Legend cm PAW amumnod MEN •• ' �.r �■■w �. WOW, As • L ?A mom smog `' ■ •r �,,,'���-,.��'_ ` '� L ■ ■sem - ' .,-� `� � � � �- mrdFigure 8-4 • .,mjProposed � Neighborhood Routes RETRuri RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TlGARD 13MSWHall Blvd Tigard,OR 97223 File No. DEDICATION DEED FOR ROAD OR STREET PURPOSES Space above reserved for Washington County Recording utforsnanan Dennis R- and Phyllis Ann Webster do hereby dedicate to the public a perpetual right-of-way for street, road,and utility purposes on,over,across,under,along,and within the following described real property in Washington County,Oregon: Attached Exlubit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is $a 00. However, the actual consideration consists of or Includes other property or value given or promised which is the whole consideration. IN WITNESS WHEREOF,I hereunto set my hand on this 5 day of 20 C3 Signature �Si�s Sal 4,w d::2� Tax StaternentMailing Address Property Address (-7,,7 1- !2!v STATE OF OREGON )ss' County of Washington ) This instrument was acknowledged before me an:���-3 (date}by: 7)6 (name of persou(s)). OFFICIAL SEAL 1-Nomys Si re KARYN BARBER "IOTAPY PUBLIC-OREGON My Commission Expires: '10"', 411,315 EXHIBIT C RETRUN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW BIA Blvd. Tigard.OR 9= STATE OF OREGON ) )ss. Canty of Washington ) This instrument was acknowledged before me on ��— (date)by: (name of petson(s))• OFRCIAL S J.SCOTT 80WCUT �T Ptqt1e oR[�ioN No =:nF-<p1ms: tare COMMISSION lSi 1 2006 r My t Accepted on behalf of the City of Tigard this day of, 20 City Engineer EXHIBIT C Right-of-Way Dedication Compensation Agreement BETWEEN: Dennis R.and Phyllis Ann Webster ("Webster") AND: Land Development Strategies,Inc. ("LDS") DATED: June_,2003 RECITALS A. Webster is the owner of certain real property known as l S 125DC Tax Lot 900, located in the City of Tigard,County of Washington,State of Oregon ("Webster Property"). B. LDS currently holds a Purchase and Sale Agreement to purchase property from Gordon and Marguerite Stewart known as IS 125DC Tax Lots 700 and 800 located in City of Tigard,County of Washington, State of Oregon ("Stewart Property"). C. Southwest 74`h Avenue in Tigard,Oregon separates the Webster Property from the Stewart Property and has been identified for realignment on the Tigard Transportation System Plan.A portion of the new 74`" Avenue right-of-way("ROW"), identified as R/W to be acquired on Exhibit 1,is located on the Webster Property. The total square footage for ROW dedication is expected to be 1, 314 Sq. Ft. The exact Legal description shall be determined prior to recording of the Dedication Agreement. D. LDS proposes to develop the Stewart Property into a single-family community identified as"Weigela Terrace"("the Subdivision")on Exhibit 1.As a condition of approval for the Subdivision,LDS shall be required to make certain improvements to SW 74`h,including curbs and paving,that are consistent with the expected realignment of SW 74`x'. E. A portion of the existing right-of-way, identified as future right-of-way vacation on Exhibit 1,will be outside of the new right-of-way and will be vacated by the City of Tigard. NOW THEREFORE, in consideration of the covenants and conditions in this Agreement,the parties agree as follows: AGREEMENT 1. Upon execution of the Dedication Deed for Road or Street Purposes("Dedication Deed")to the City of Tigard,LDS agrees to place$3,987.50("ROW Dedication Compensation')into an interest-bearing escrow account at First American Title Company in Lake Oswego. 2. At such time as LDS,or its heirs and assigns,commences required SW 74`h Street improvements associated with the development of Weigela Terrace,escrow shall release the compensation to Webster in either of the following manners,at Webster's sole discretion: a. in Cash CADocuments and SettingstdefauffiMy Documents\Weigela TerracetWebster ROW Agreement.doc b. for the payment of in-kind improvements,including but not limited to paving and curb on or adjacent to the Webster Property equal to the ROW Dedication Compensation. 3. In the event that LDS, its heirs or assigns have not commenced construction improvements prior to September 1,2004,escrow shall immediately disperse funds to Webster. 4. This Agreement may be assigned by either party. Dennis R. Webster Christy Wiegel, Land Development Strategies, Inc. Phyllis Ann Webster CADocuments and Settings\defaultVvty Docurnents\Weigela Terrace\Webster ROW Agreement.doc ' N I I E 0 60 120 I i SME I I s I W�mc - -� CURW QMTA ow CHM BEAR / I I I 0 20'50.46' 109.16 300.00• 1 MAW N4W42.52"E { i 4} 20'4rW 57—W 158.00• 57.04• 825Z3`n-W Q104'47049 32.92' 18.00' 28.52• 336'54'25"E I ( iv�� r i I ,cam . 00 o VDII � s74V SW LYM V8 i { MM MW 38!PACE,'Jif � � 42'31' E ILOW TAX LOT 600 PROPOS C TAX mw w me A-L40 Sof. �ap � tpR-t�MM1Y R1 i I 1t sovills lu "M SWARM 7M SW L~Sr nIOCUME rr sm TAX MAP W MC ac�� I -V-'; (, 72 W � or-mwe—w " E• CA i � V-'; s 14 � t� 1780' DeIf.At' 1m PAA 5163' t • _ _ _ 14"MK -----_-�� ��'—H 0'4t"41' E 25 00' _ S 88 84ir £ _ 235.26' -j 1 57.03 -S 8R1�18�£ _ SW LANDAU STREET IW �s i vx av m me l urr > i nor wr em I 'J,�!,/.^�. Jt mr saoo TAu wP r�!a�Dc I1 a { TeX iff ow { w PDT naw i � I 27.0= -27.cr I � { ( muff an F- asoC., INC. EX*HIW A mm. � ��r-��vAY c t c�►�nM OMI PBMM FAX Oems-I AUGUST 25, 2003 HARRIS - MCMONAGLE ASSOCIATES INC. ENGINEERS - SURVEYORS 12555 SW HALL BLVD. TIGARD OREGON, 97223 TEL. (503) 639-3453 FAX. (503) 639-1232 August 25, 2003 EXHIBIT "A" LEGAL DESCRIP'T'ION FOR THE DEDICATION OF A PUBLIC RIGHT OF WAY BEING IRRIGULAR IN SHAPE BETWEEN S.W. LANDAU STREET AND S.W. 74T' AVENUE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THAT LAND AS DESCRIBED IN DEED TO DENNIS AND PHYLLIS WEBSTER RECORDED IN DEED DOCUMENT No. 2000-082799, ALSO BEING A PORTION OF LOT 29 OF THE DULY RECORDED PLAT OF"BOULEVARD HEIGHTS", SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP I-SOUTH, RANGE IWEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY, OREGON. COMNENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25, THENCE ALONG THE SOUTH LINE OF SECTION 25, S 89°19'19"E 292.31 FEET; THENCE AT RIGHT ANGLES TO THE SECTION LINE N 00°41'41"E 25.00 FEET TO THE NORTHERLY 25 FOOT RIGHT OF WAY LINE OF S.W. LANDAU STREET AND POINT OF BEGINNING. THENCE ALONG SAID RIGHT OF WAY LINE N 89018'19"W 72.85 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY CURVED 25 FOOT RIGHT OF WAY LINE OF S.W_ 74h AVENUE; THENCE ALONG LAST SAID LINE ON THE ARC OF A 300.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20050'46" (THE CHORD OF WHICH BEARS N 46042'52"E 108.55 FEET)AN ARC DISTANCE OF 109.15 FEET,THENCE RADIAL TO SAID CURVE S 53°42'31"E 2.00 FEET; THENCE ALONG THE ARC OF A 158.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20047'59" (THE CHORD OF WHICH BEARS S 25053'29"W 57.04 FEET)AN ARC DISTANCE OF 57.36 FEET TO A POINT OF COADOUND CURVE;THENCE ALONG THE ARC OF AN 18.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 104047'49" (THE CHORD OF WHICH BEARS S 36°54'25"E 28.52 FEET)AN ARC DISTANCE OF 32.92 FEET TO THE POINT OF BEGINNING. CONTAINING: 1,489 SQUARE FEET. auricr�ao } r� I Txx Ir�P bpr rr�c -� " I I I 0 50 goo '" I I SCALE I I s I I MM &MAMEM SMORT tt-212.00' G� 74,2f SIV LAlliTiltJ ST � I I OR / OffD MW 6M PACE 52 CkB=822Zs't5'"N � �1 I I TAX LOT SW $0 s V XS D TAX IUP M 2WC S cit �� I 18 E X ; f AREA—,%241 S.F. 2�74f CA. _L !_. —ram sem► .— s eatif/ m n =�/ — 25* PT EX C N 004,'4Y E 27.0' lk.-M 0' �RMW--OF-KAY OELNCtiIIM _ ` M;T, 78OSM 04' `� 76.0' iiFFQt i0 SEPARATE DWM C�2Z,8' s 1�4� eene',s' E ,sooe' — SW LANDAU STREETWC n 25 gig Q I T aurwr,a mac I aur iar ram aur unr nob ' aur �sr so I �f J!w aeRFM--MaONAME ASSOC., INC. =AHIBIT A 'm, Wn mmoral a FKW-<"AY VACAUM SKEM t � AUGUST 21, 2003 HARRIS - McMONAGLE ASSOCIATES INC. ENGINEERS - SURVEYORS 12555 SW HALL BLVD. TIGARD OREGON, 97223 TEL. (503) 639-3453 FAX. (503) 639-1232 August 22,2003 EXHIBIT "A" LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF THE PUBLIC RIGHT OF WAY OF S.W. LANDAU STREET AND S.W. 74Th AVENUE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THE ABOVE SAID PUBLIC RIGHTS-OF-WAY, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP 1-SOUTH,RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25,THENCE ALONG THE SOUTH LINE OF SECTION 25,S 89-18'19"E 85.19 FEET;THENCE AT RIGHT ANGLES TO THE SECTION LINE N 00041'41"E 27.00 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY 25 FOOT CURVED RIGHT OF WAY LINE OF S.W. LANDAU STREET AND POINT OF BEGINNING.THENCE ALONG SAID RIGHT OF WAY LINE ON THE ARC OF A 250.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 42°14'23"(THE CHORD OF WHICH BEARS N 62°19'19"E 180.16 FEET)AN ARC DISTANCE OF 184.31 FEET TO AN INTERSECTION WITH A 212.00 FOOT RADIUS CURVE BEING 27.00 FEET RADIAL TO THE CURVE FROM THE CENTERLINE OF THE FUTURE REALIGNMENT OF S.W.7e AVENUE;THENCE ALONG THE ARC OF A 212.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15053'16"(THE CHORD OF WHICH BEARS S 22033'15"W 58.60 FEET)AN ARC DISTANCE OF 58.79 FEET TO A POINT OF TANGENCY; THENCE S 14036'3T'W 18.09 FEET TO A POINT OF CURVE;THENCE ALONG THE ARC OF A 18.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 76005'04" (THE CHORD OF WHICH BEARS S 52039'09"W 22.18 FEET)AN ARC DISTANCE OF 23.90 FEET,TO A POINT THAT IS 27.00 FEET NORTHERLY OF AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 25;THENCE PARALLEL WITH THE SOUTH LINE OF SECTION 25,N 89018'19"W 114.88 FEET TO THE POINT OF BEGINNING. CONTAINING: 3,241 SQUARE FEET. Tigard Municipal Code Chapter 15.08 Street Vacations 1. There is no negative effect on traffic, pedestrian or bicycle circulation. Once the subdivision improvements are built, 1/2 street improvements including sidewalks curb and gutter will greatly improve vehicular transportation over the here-to-now unimproved section of street. In addition, pedestrians will be safer and bicyclists will have a paved street in which to ride. 2. There will be no negative effect on the provision of fire and police service related to increasing response time. The realignment of SW 74th and upgrade to Neighborhood Route standards increases connectivity (improves Local Street Circulation) between SW Taylors Ferry Road and SW Hall Boulevard and should actually decrease response time for fire/life safety concerns. 3. There will be no negative effect on drainage. The 1/z street improvements proposed for SW 74th include a storm drainage catch basin as shown on Exhibit F with an outfall dissipater proposed for installation within the newly acquire right-of-way. 4. There will be no negative effect on the provision of utilities. Currently power is overhead, but will be under grounded with proposed 1/z street improvements. The dry utilities can be extended in a 6 foot PUE behind the newly realigned ROW. City of Tualatin 36" Feeder (Water) Line is NOT proposed for realignment and Applicant proposes and accepts an easement in favor of the City of Tualatin over the area proposed for vacation to allow future maintenance by the City of Tualatin. TIGARD MUNICIPAL CODE Chapter 15.08 STREET VACATIONS 85-01 §1(Exhibit A(part)), 1985). Sections: 15.08.020 Scope—Statutory procedures applicable. 15.08.010 Purpose. 15.08.020 Scope—Statutory procedures (a) This chapter shall apply to the vacation applicable. of all or part of any street, avenue, boulevard, 15.08.030 Action—Recordation—Effective alley, plat, public square or other public place. date. (Ord. 85-01 §1(Exhibit A(part)), 1985). 15.08.040 Process—Consent on city property. 15.08.030 Action—Recordation--Effective 15.08.050 Prepetition conference date. required—Request for petition form. (a) A vacation shall be by ordinance by the 15.08.060 Notice of intent to file vacation council. petition—Notice to interested parties. (b) No vacation shall be effective until the 15.08.070 Vacation petition,boundaries ordinance vacating the property is recorded by the and required legal documents. recorder with the county clerk, assessor and 15.08.080 Petition requirements—Staff surveyor. review. 15.08.090 Required reports. (c) No vacation shall be recorded until: 15.08.100 Planning commission review. 15.08.110 Council sets bearing date— (1) All fees have been paid as provided Concurrent hearings. by Section 15.08.160 of this chapter, 15.08.120 Notice_ 15.08.130 Council action—Approval (2) All required legal instruments have standards--Conditions payment been signed and the recorder finds that all of taxes. required signatures have been placed on the 15.08.140 Acceptance of conditions documents;and required—Satisfaction of conditions required—Exception. (3) The petitioners have complied with 15.08.150 Payment of taxes and city liens. all of the applicable conditions of approval except 15.08.160 Fees—Recording costs and as provided by Section 15.08140(c) of this maintenance of records. chapter. (Ord. 85-01 §1(Exhibit A(part)), 1985). 15.08.170 Recordation of ordinance—Title to vacated area 15.08.040 Process--Consent on city 15.08.180 Vacation for purpose of property. rededication. (a) A vacation may be initiated in two 15.08.010 Purpose. ways: The purpose of this chapter is to establish (1) Any interested person(s)may file a procedures for the vacation of a street,way, alley, petition requesting a vacation in the manner plat, public square or other public places. (Ord. provided by this chapter,or 15-09-1 Reformatted 1994 TIGARD MUNICIPAL CODE (2) The council may make a vacation (3) Explaining the approval criteria; without a petition or consent from the affected property owners provided: (4) Explaining the costs associated with a vacation;and (A) Notice is given as provided by section 15.08.120 of this chapter, (5) Advising on the feasibility of the proposal.(Ord.85-01 §1(Exhibit A(part)), 1985). (B) The owners of the majority of the area affected computed on the basis of ORS 15.08.060 Notice of intent to file vacation 271.080 have not objected in writing;and petition—Notice to interested parties. (C) All abutting property owners have consented to the vacation except the city (a) Following the prepetition conference may proceed with the vacation without the and determination of the area to be vacated, the consent of the owners provided the city pays interested person or persons shall file a notice of damages in situations where the vacation intent to file a vacation petition with the recorder. substantially affects the market value of the property. (b) The notice of intent shall be accompanied by a fee deposit as provided by (b) In the event that city owned property Section 15.08.160 of this chapter, and it shall be abuts an area proposed for vacation, the city accompanied by a copy of the assessor's map administrator shall have the authority to give showing the area to be vacated consent or withhold consent for purposes of initiating the petition. (Ord. 85-01 §1(Exhibit (c) The recorder shall give the notice of A(part)), 1985). intent to vacate to all utility providers, the county, and other interested parties of the intent to file a 15.08.050 Prepetition conference vacation petition and shall request all utility required--Request for petition providers and interested persons to provide a form written response within thirty days regarding any interest they have in the area to be vacated which (a) Persons interested in submitting a must be protected and the means by which it vacation petition shall make application to the city should be protected. (Ord 85-01 §I(Exhibit recorder for a prepetition conference and shall Agmrt)), 1985). meet with the recorder, planning director and public works director in a prepetition conference. 15.08.070 Vacation petition,boundaries and required legal documents. (b) The prepetition conference shall be for the purpose of (a) At such time as each utility provider and interested party has responded to the notice of (1) Determining the specific area to be intent, the city recorder shall request the public vacated; works director to: (2) Explaining the procedures for a (1) Identify on a county tax map the vacation; specific area to be vacated and the real property affected by the proposed vacation as provided by 15-08-2 Reformatted 1994 TIGARD MUNICIPAL CODE ORS 271-080(2); provided by ORS 271.080(2); (2) Identify all legal documents which (2) A fee deposit as required by shall be required as a condition of granting the Section 15.08.160 of this chapter, vacation such as utility and access easements; (3) Each legal instrument required by (3) Provide an estimate of costs as the director of public works which is signed by all provided by Section 15.08.160 of this chapter, required persons;and (4) Provide a legal description for the (4) A certificate showing that all city area to be vacated unless the director of public liens and all taxes have been paid on the land works finds it should be done by other than city covered by the petition in the case of a vacation of personnel; a plat or a portion thereof; (5) Any conditions of approval which (5) A report from a title company would be attached to the vacation known at this indicating the name and address of all persons point in the process;and holding an interest in the abutting property and affected property. (6) Provide information as to where to locate a list of the names of owners and persons (c) The petition shall: having an interest in the real property which will be affected by the vacation as provided by ORS (1) Set forth a description of the 271.080(2). ground proposed to be vacated; (b) The recorder shall mail the petition (2) State the purpose for which the form, and information compiled by the director of ground is proposed to be used; public works, as a part of Section 15.08.070 (A) of this chapter to the interested person identified (3) State the reason for the vacation; at the prepetition conference to coordinate the and vacation process. (Ord. 85-01 §1(Exhibit A(part)), 1985). (4) Contain the notarized signatures required by ORS 271.080 (2). (Ord. 85-01 15.08.080 Petition requirements—Staff §1(Exhibit A(part)), 1985). review. 15.08.090 Required reports. (a) The application shall be presented to the recorder who shall not accept incomplete (a) Planning Director's Report_ applications. (1) The planning director shall prepare (b) A complete application shall include: a report which includes a recommendation to approve, approve with conditions or deny the (1) A completed petition consenting to petition which shall be submitted to the planning the vacation which is signed by all abutting commission as provided by Section 15.08.100 of property owners and the property owners of not this chapter for a recommendation by the planning less than two-thirds of the property affected as commission- 15-09-3 Reformatted 1994 TIGARD MUNICIPAL CODE (2) The recommendation shall be based report prepared under Section 15.08.090 (a) of on findings of compliance or noncompliance with this chapter for review and a recommendation by the comprehensive plan. the planning commission to the council. (3) The recommended conditions of (b) No public hearing shall be required and approval, if any, shall be those conditions the commission shall act by resolution. necessary to carry out the comprehensive plan. (c) The recommendation by the planning (b) Public Works Director Report commission shall be based on findings of compliance or noncompliance with the (1) The public works director shall comprehensive plan and shall be for approval, prepare a report winch includes a recommendation approval with conditions or denial. to approve, approve with conditions or deny the petition which shall be submitted to the council as (d) The planning commission provided by Section 15.08.130 of this chapter. recommendation and conditions, if any, shall be submitted to the council by the planning director (2) The recommendation shall be based as part of the public hearing record as provided by on findings of: Section 15.08.130 (b) of this chapter. (Ord. 85-01 §I(Exhibit A(part)), 1985). (A) The effect on: 15.08.110 Council sets hearing date— (i) Traffic, pedestrian and Concurrent hearings. bicycle circulation; (n) The provision of fire and (a) Within thirty days of receipt of the police service as related to increasing response completed petition,the recorder shall place on the time; councirs agenda a request for the council to set a public hearing date on the petition. The recorded (iii) Drainage-, shall give notice to at least one of the petitioners of the meeting at which the council will consider (iv) The provision of utilities; setting the hearing date. (B) Compliance with the (b) The council may deny the petition after comprehensive plan,transportation element, notice to the petitioners of each proposed action. but if there appears to be no reason why the (C) Compliance with the capital petition should not be allowed in whole or in part, improvements progrant the council shall fix a time for a formal hearing upon the petition. (3) The recommended conditions of approval, if any, shall be those conditions (c) Two or more streets, alleys, avenues, necessary to protect the public interest. (Ord. 85- boulevards or parts thereof, may be joined in one 01 §I(Exhibit A(part)), 1985). proceeding provided they intersect or adjoin to each other. (Ord. 85-01 §I(Exhibit A(part)), 15.08.100 Planning commission review. 1985). 15.08.120 Notice. (a) The planning director shall submit the 15-08-4 Reformatted 1994 TIGARD MUNICIPAL CODE (a) Notice of the public hearing shall be (1) The consent of the owners of the given as follows: requisite area have been obtained or the provisions of Section 15.08.040(2)of this chapter (1) The recorder shall give notice of have been satisfied; the petition and hearing by publishing a notice in the city official newspaper once each week for (2) Proper notice has been given as two consecutive weeks prior to the hearing. required by Section 15.08.120 of this chapter; (2) The recorder shall cause notice to (3) The public interest will not be be posted at or near each end of the proposed prejudiced by the vacation;and vacation and in at least two conspicuous places in the proposed vacation areas within five days after (4) A certificate showing that all city the first day of publication. liens and all taxes have been paid on the land covered by the petition has been filed with the (b) The posting and first day of publication recorder in the case of a vacation of a plat or a of the notice shall not be less than fourteen days portion thereof. before the hearing. (b) The council findings shall be based on: (c) The notice shall contain the following: (1) The petition; (1) A heading entitled "Notice of Vacation," and the blank shall indicate what is (2) The public testimony; proposed to be vacated; (3) The recommendation of the (2) A description of the area to be planning commission; vacated by the petition; (4) The report of the public works (3) The date the petition was filed; director, (4) The name of at least one petitioner; (5) The letters submitted by utility providers and interested parties;and (5) The date by which any objection or remonstrance shall be filed in writing with the (6) A report by the city engineer recorder. (Ord_ 92-05 §1(Exhibit A), 1992; Ord. regarding the payment of tares,liens,and fees. 85-01 §1(ExhibitA(part)), 1985). (c) The conditions of approval may pertain 15.08.130 Council action—Approval to: standards—Conditions payment of taxes. (1) The maintenance and use of underground public utilities or service facilities in (a) The council shall hold the public the vacated portion; hearing and it shall approve, approve with conditions or deny the petition in whole or in part (2) Limitations on the use of the area by ordinance based on findings that: above and adjacent to underground utilities or service facilities; 15-09-5 Reformatted 1994 TIGARD MUNICIPAL CODE (3) Moving at petitioner's expense the to the requirement that all conditions of approval utilities or services either below, on, or above the be satisfied prior to the recording of the ordinance surface; if it fords that the vacation petition involves one property owner and upon the conditions that: (4) Construction, extension or relocation of sidewalks and curbs; (A) The petitioner posts a performance bond in the amount of the project (5) Grading or pavement extensions; cost as estimated by the public works director, (6) Dedication for street use of other (B) It is agreed in writing that the area in lieu of the area to be vacated.; work will be completed within one year, (7) The posting of a performance bond (C) The petitioner grants to the to assure that all work shall be completed;and city a right of access to the property a right to complete the improvement in the form of (8) Any other matter relating to the covenants which are recorded with the county. vacation which is necessary to protect the public or adjoining property owners or to carry out the (2) The petitioner shall make a formal comprehensive plan. (Ord. 85-01 §1(Exhibit request to lire recorder for an exception. The A(part)), 1985). recorder shall advise the council at the public hearing of the request, and the council shall act 15.08.140 Acceptance of conditions upon the request as a part of the approval process. required—Satisfaction of (Ord. 85-01 §1(Exhibit A(part)), 1985). conditions required—Exception. 15.08.150 Payment of taxes and city liens. (a)Acceptance of Conditions Required. No ordinance for the vacation of all or part of (1) The petitioners shall file with the a plat shall be passed by the council until the recorder a document which has been approved by petitioner has filed with the recorder a certificate the city attorney which accepts the terms and showing that all city liens and all taxes have been conditions of the approval except it shall not be paid on the lands covered by the plat or portion required in the event that the conditions have been thereof to be vacated. (Ord 85-01 §1(Exhibit satisfied by the conclusion of the hearing. A(part)), 1985). (b) Satisfaction of Conditions Required 15.08.160 Fees--Recording costs and maintenance of records. (1) All conditions of approval shall be satisfied prior to the recording of the ordinance (a) The petitioners shall be responsible for approving a petition for a vacation unless an all costs associated with the vacation. The costs exception is granted by the council under the shall include advertising costs, legal fees, provisions of Section 15.08.140 of this chapter. employee total compensation costs, processing costs, and costs of recording and preparation of (c) Exception. the certified ordinance and map. No application shall be accepted unless it is accompanied by a (1) The council may grant an exception signed fee agreement. 15-08-6 Reformatted 1994 TIGARD MUNICIPAL CODE (b) The notice of intent to vacate shall be of the ordinance by the city recorder, a petitioner, accompanied by a deposit as required by the or designated representative with the county clerk, adopted fee schedule to cover the cost of giving county assessor and county surveyor. notice as required by Section 15.08.060(D)and of this chapter and the preparation of the information (b) Title to Vacated Areas. required by Section 15.08.070 of this chapter. The city shall not accept a petition to vacate until (1) The title to a street or other public all costs incurred by the city at this stage of the area except a public square shall attach to the process are paid. lands bordering on such area in equal portions except that where the area has been originally (c) The petition shall be accompanied by a dedicated by different persons and the fee title to deposit in the amount estimated by the director of such area has not been otherwise disposed of, public works to cover all subsequent casts for original boundary lines shall be adhered to and the work required by this chapter. In no case shall the street area which lies on each side of the boundary deposit required be less than the amount required line shall attach to the abutting property on such by the adopted fee schedule. side. (d) The city shall maintain an accounting of (2) In the event a public square is the actual costs and each petition shalll be vacated, the title thereto shall vest in the city. accompanied by a time recording sheet and: (Ord. 85-01 §I(Exhibit A(part)), 1985). (1) Each employee engaged in work on 15.08.180 Vacation for purpose of the petition shall record their time on the time rededication. sheet and shall record the activity on which the time was spent; No street shall be vacated upon the petition of any person when it is proposed to replat or (2) The recorder shall maintain a rededicate all or any street in lieu of the original record of all expenses associated with the petition. unless the provisions of ORS 271.160 are satisfied. (Ord 85-01 §l(Exhibit A(part)), (e) Copies of all records shall be available 1985).■ for inspection- (JD All costs shall be paid prior to the recording of the ordinance and any excess funds shall be refimded to petitioners as provided by the deposit agreement. (Ord 85-01 §1(Exhibit A(part)), 1985). 15.08.170 Recordation of ordinance—Title to vacated area, (a) Recordation of Ordinance. (1) The vacation shall become effective upon the recordation of a certified copy 15-08-7 Reformatted 1994 Compliance with the Comprehensive Plan transportation element (Located behind Tab 7) , as follows: Policy 8.1.1. Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard by: a. Proper location and design of transportation facilities. Response: Applicant has obtained the necessary ROW dedication to realign SW 74th to its proper location and street designation as a Neighborhood route previously identified in the Transportation System Plan b. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian route. Response: The 1/2 street improvements and its incorporated sidewalks will provide a continuous pedestrian route along the entire frontage of the proposed subdivision. C. Addressing issues of excessive speeding and through traffic on local residential streets through a neighborhood traffic program. The program should address corrective measures for existing problems and assure that development incorporates traffic calming. Response: SW 74th Avenue will discontinue classification as a local street and at ultimate build-out will provide connectivity between SW Taylors Ferry Road and SW Landau. The T-intersection will provide a means for slowing traffic at Landau before continuing on to Hall or Locust. Policy 8.1.2 Provide a balanced transportation system, incorporating all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) by: a. The development of and implementation of public street standards that recognize the multi-purpose nature of the street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use. Response: The new street ROW will provide a multi-use facility for sewer, City of Tigard Water, motor vehicles, bikes and pedestrians. The area proposed for vacation is not necessary to meet the standards for public streets or public works. b. Coordination with tri-met, and/or other transit providers serving Tigard, to improve transit service to Tigard. Fixed route transit will primarily use arterial and collector streets in Tigard. Development adjacent to transit routes will provide direct pedestrian accessibility. Response: This policy is does not apply to proposed vacation request. C. Construction of bicycle lanes on all arterials and collectors with Tigard consistent with the Bicycle Master Plan. All schools, public facilities and retail areas shall strive to have direct access to a bikeway. Response: This policy is does not apply to proposed vacation request. d. Construction of sidewalks on all streets within Tigard. All schools, parks, public facilities and retail areas shall strive to have direct access to a sidewalk. Response: Sidewalks will be built in conjunction with the adjacent homes in the subdivision and located in the new ROW area. e. Development of bicycle and pedestrian plans which link to recreational trains. Response: The proposed sidewalk and on-street bicycle path is consistent with the Tigard Transportation System Plan. f. Design local streets to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel and provide connectivity to activity centers and destinations with a priority for bicycle and pedestrian connections. Response: The proposed vacation does not affect the design of the adjacent local street, SW Landau. 9. Tigard will participate in vehicle trip reduction strategies developed regionally targeted to achieve non-single occupant vehicle levels outlined in Table 1.3 of the Regional Transportation Plan. Response: This policy is does not apply to proposed vacation request. h. Tigard will support the development of a commuter rail system as part of the regional transit network. Response: This policy is does not apply to proposed vacation request. Policy 8.1.3 Strive to achieve a safe transportation by the development of street standards, access management policies and speed controls when constructing streets, and by making street maintenance a priority and through a comprehensive program of engineering, education and enforcement. a. Design of Streets should relate to their intended use. Response: The proposed vacation does not alter either the design or the intended use of SW Landau or SW 74th b. Design safe and secure pedestrian and bikeways between parks and other activity centers in Tigard. Response: The proposed vacation does not alter the design of the sidewalk, but instead allows the sidewalk to be installed within the right-of- way and adjacent to private property made possible by the vacation. C. Designate safe and secure route to schools for each school. Any new residential project should identify the safe pat to school for children. Response: The proposed vacation does not alter the path to school. d. Refine and maintain access management standards for arterial and collector streets to improve safety in Tigard. Response: This policy is does not apply to proposed vacation request. e. Establish a City monitoring system that regularly evaluates, prioritizes and mitigates high accident locations within the City. Response: This policy is does not apply to proposed vacation request. f. New roadways shall meet appropriate lighting standards. Existing roadways shall be systematically retrofitted with roadway lighting. Response: This policy is does not apply to proposed vacation request. g. Require new development to provide safe access to and to gain safe access from a publicly dedicated and improved street (i.e., dedicate right-of-way, if not already on a public street and install improvements in rough proportionality to the development's impact) and provide safe access. Response: Concurrent with this vacation request, Applicant has secured ROW dedication to meet the realignment of SW 7e and has agreed to dedicate 2 feet of additional land along the frontage of the subdivision to meet the Right-of-standards imposed by the City of Tigard. In addition, the applicant will provide 1/2 street improvements, plus 8 feet to meet the minimums imposed by the City for safe access when adjacent properties are not proposed for development. Policy 8.1.4 Set and maintain transportation performance measures that: a. Set a minimum intersection level of service standard for the City of Tigard and requires all public facilities to be designed to meet this standard. Response: This policy is does not apply to proposed vacation request. b. Set parking ratios to provide adequate parking, while providing an incentive to limit the use of the single occupant vehicle. Response: This policy is does not apply to proposed vacation request. C. Encourage working with other transportation providers in Washington County, including Metro and ODOT to develop, operate and maintain intelligent transportation systems, including coordination of traffic. Response: This policy is does not apply to proposed vacation request. Policy 8.1.5 Develop transportation facilities which are accessible to all members of the community and minimize out of direction travel by: a. The design and construction of transportation facilities to meet the requirements of the Americans with Disabilities Act. Response: This policy is does not apply to proposed vacation request. b. The development of neighborhood and local connection to provide adequate circulation in and out of the neighborhoods. Response: The vacation request is consistent with the designation and realignment of SW 74th to Neighborhood Route standards C. Work with Washington County and ODOT to develop an efficient arterial grid system that provides access within the City, and serves through- city traffic. Response: This policy is does not apply to proposed vacation request. Policy 8.1.6 Provide for efficient movement of goods and services through the design of arterial routes, highway access and adjacent land uses in ways that facilitate the efficient movement of goods and services and the safe routing of hazardous materials consistent with federal and state guidelines. Response: This policy is does not apply to proposed vacation request. Policy 8.1.7 Implement the Transportation System Plan (TSP) in a coordinated manner by coordinating and cooperating with adjacent agencies (including Washington County, Beaverton, Tualatin, Lake Oswego, City of Portland, Tri-Met, Metro and ODOT) when necessary to develop transportation projects which benefit the region as a whole in addition to the City of Tigard. Response: This policy is does not apply to proposed vacation request. 8. TRANSPORTATION This chapter addresses Statewide Planning Goal#12: Transportation which requires local jurisdictions "to provide and encourage a safe, convenient and economic transportation system." Transportation planning has been defined as "...the process by which transportation improvements or new facilities are systematically conceived, tested as to present and future adequacy, and programmed for future construction. Modern transportation planning emphasizes the total transportation system. It considers all modes of transport which are economically feasible to a state, region or urban area." (Goodman & Freund, Principals and Practices of Urban Planning,'Transportation Planning") The transportation plan for Tigard reaches beyond the Tigard Planning Area and includes traffic and transportation impacts within other areas of the southwest subregion of the Portland Metropolitan Area. METRO acts as the regional coordinator for transportation planning throughout the Portland Metropolitan Area. The other major service district impacting Tigard is Tri-Met which is charged with the responsibility for providing public transportation throughout the metropolitan area. The Comprehensive Plan proposes a land use plan that encourages and facilitates balanced transportation development for the City. The plan recognizes that land use and transportation investments are interconnected and that relationship should be reinforced to produce an acceptable urban environment. Detailed historical information concerning transportation in the Tigard Urban Planning Area is available in the "Comprehensive Plan Report Transportation." Detailed current information is available in the 2001 Tigard Transportation System Plan. The 2001 Tigard Transportation System Plan updates the comprehensive plan and policies. However, it does not fully replace all elements of the comprehensive plan adopted prior to the 2001 TSP. For this reason, a new Section has been added to the beginning of the Transportation Policies Section to encompass the system wide changes developed as part of the TSP process. Some of this information is repeated and expanded upon in other policy sections. Where a policy or implementation strategy specifically conflicts with the updated TSP, the specific policy or implementation strategy has been deleted. 8.1 TRANSPORTATION SYSTEM Findings Much of the traffic within Tigard is through traffic with origins and destinations outside of Tigard. There are no reasonable alternate routes for the 99W corridor traffic. • There are 22 intersections near or at capacity based on the 2001 Tigard Transportation System Plan. • There is no continuous bicycle network in Tigard. • There are significant gaps in the sidewalk system with few interconnected locations linking to schools, retail, parks and transit. • Segments of Highway 217 and 1-5 are over capacity and ORE 99W will continue to serve more through traffic in the future. • Future traffic models indicate ORE 99W and half of the signalized traffic intersections fail within 20 years assuming no improvements are made. Travel time data on Highway 217 indicates that some of the slowest travel speed on the facility occurs in Tigard due to existing capacity issues and the need for interchange improvments. In the development of the transportation system plan, seven goals were identified which were used as the guidelines for the development of the policies and implemenation strategies. The goals were: livibility, balanced transportation system, safety, performance, accessibility, goods movement, and coordination. POLICIES Vol. II, Policy 8-1 8.1.1 PLAN, DESIGN AND CONSTRUCT TRANSPORTATION FACILITIES IN A MANNER WHICH ENHANCES THE LIVABILITY OF TIGARD BY: a. PROPER LOCATION AND DESIGN OF TRANSPORTATION FACILITIES. b. ENCOURAGING PEDESTRIAN ACCESSIBILITY BY PROVIDING SAFE, SECURE AND DESIRABLE PEDESTRIAN ROUTES. C. ADDRESSING ISSUES OF EXCESSIVE SPEEDING AND THROUGH TRAFFIC ON LOCAL RESIDENTIAL STREETS THROUGH A NEIGHBORHOOD TRAFFIC PROGRAM. THE PROGRAM SHOULD ADDRESS CORRECTIVE MEASURES FOR EXISTING PROBLEMS AND ASSURE THAT DEVELOPMENT INCORPORATES TRAFFIC CALMING. 8.1.2 PROVIDE A BALANCED TRANSPORTATION SYSTEM, INCORPORATING ALL MODES OF TRANSPORTATION (INCLUDING MOTOR VEHICLE, BICYCLE, PEDESTRIAN, TRANSIT AND OTHER MODES) BY: a. THE DEVELOPMENT OF AND IMPLEMENTATION OF PUBLIC STREET STANDARDS THAT RECOGNIZE THE MULTI-PURPOSE NATURE OF THE STREET RIGHT-OF- WAY FOR UTILITY, PEDESTRIAN, BICYCLE,TRANSIT,TRUCK AND AUTO USE. b. COORDINATION WITH TRI-MET, AND/OR ANY OTHER TRANSIT PROVIDERS SERVING TIGARD, TO IMPROVE TRANSIT SERVICE TO TIGARD. FIXED ROUTE TRANSIT WILL PRIMARILY USE ARTERIAL AND COLLECTOR STREETS IN TIGARD. DEVELOPMENT ADJACENT TO TRANSIT ROUTES WILL PROVIDE DIRECT PEDESTRIAN ACCESSIBILITY. C. CONSTRUCTION OF BICYCLE LANES ON ALL ARTERIALS AND COLLECTORS WITHIN TIGARD CONSISTENT WITH THE BICYCLE MASTER. ALL SCHOOLS, PARKS, PUBLIC FACILITIES AND RETAIL AREAS SHALL STRIVE TO HAVE DIRECT ACCESS TO A BIKEWAY. d. CONSTRUCTION OF SIDEWALKS ON ALL STREETS WITHIN TIGARD. ALL SCHOOLS, PARKS, PUBLIC FACILITIES AND RETAIL AREAS SHALL STRIVE TO HAVE DIRECT ACCESS TO A SIDEWALK. e. DEVELOPMENT OF BICYCLE AND PEDESTRIAN PLANS WHICH LINK TO RECREATIONAL TRAILS. f. DESIGN LOCAL STREETS TO ENCOURAGE A REDUCTION IN TRIP LENGTH BY PROVIDING CONNECTIVITY AND LIMITING OUT-OF-DIRECTION TRAVEL AND PROVIDE CONNECTIVITY TO ACTIVITY CENTERS AND DESTINATIONS WITH A PRIORITY FOR BICYCLE AND PEDESTRIAN CONNECTIONS. g. TIGARD WILL PARTICIPATE IN VEHICLE TRIP REDUCTION STRATEGIES DEVELOPED REGIONALLY TARGETED TO ACHIEVE NON-SINGLE OCCUPANT VEHICEL LEVELS OUTLINED IN TABLE 1.3 OF THE REGIONAL TRANSPORTATION PLAN. h. TIGARD WILL SUPPORT THE DEVELOPMENT OF A COMMUTER RAIL SYSTEM AS PART OF THE REGIONAL TRANSIT NETWORK 8.1.3 STRIVE TO ACHIEVE A SAFE TRANSPORTATION SYSTEM BY THE DEVELOPMENT OF STREET STANDARDS, ACCESS MANAGEMENT POLICIES AND SPEED CONTROLS WHEN CONSTRUCTING STREETS, AND BY MAKING STREET MAINTENANCE A PRIORITY AND THROUGH A COMPREHENSIVE PROGRAM OF ENGINEERING, EDUCATION AND ENFORCEMENT. a. DESIGN OF STREETS SHOULD RELATE TO THEIR INTENDED USE. b. DESIGN SAFE AND SECURE PEDESTRAIN AND BIKEWAYS BETWEEN PARKS AND OTHER ACTIVITY CENTERS IN TIGARD. Vol. II, Policy 8-2 C. DESIGNATE SAFE AND SECURE ROUTES TO SCHOOLS FOR EACH SCHOOL. ANY NEW RESIDENTIAL PROJECT SHOULD IDENTIFY THE SAFE PATH TO SCHOOL FOR CHILDREN d. REFINE AND MAINTAIN ACCECSS MANAGEMENT STANDARDS FOR ARTERIAL AND COLLECTOR STREETS TO IMPROVE SAFETY IN TIGARD. e. ESTABLISH A CITY MONITORING SYSTEM THAT REGULARLY EVALUATES, PRIORITIZES AND MITIGATES HIGH ACCIDENT LOCATIONS WITHIN THE CITY. f. NEW ROADWAYS SHALL MEET APPROPRIATE LIGHTING STANDARDS. EXISTING ROADWAYS SHALL BE SYSTEMATICALLY RETROFITTED WITH ROADWAY LIGHTING. g. REQUIRE NEW DEVELOPMENT TO PROVIDE SAFE ACCESS TO AND TO GAIN SAFE ACCESS FROM A PUBLICALLY DEDICATED AND IMPROVED STREET (I.E. DEDICATE RIGHT-OF-WAY, IF NOT ALREADY ON A PUBLIC STREET, AND INSTALL IMPROVEMENTS IN ROUGH PROPORTIONALITY TO THE DEVELOPMENTS IMPACT)AND PROVIDE SAFE ACCESS. 8.1.4 SET AND MAINTAIN TRANSPORTATION PERFORMANCE MEASURES THAT: a. SET A MINIMUM INTERSECTION LEVEL OF SERVICE STANDARD FOR THE CITY OF TIGARD AND REQUIRES ALL PUBLIC FACILITIES TO BE DESIGNED TO MEET THIS STANDARD. b. SET PARKING RATIOS TO PROVIDE ADEQUATE PARKING, WHILE PROVIDING AN INCENTIVE TO LIMIT THE USE OF THE SINGLE OCCUPANT VEHICLE. C. ENCOURAGE WORKING WITH OTHER TRANSPORTATION PROVIDERS IN WASHINGTON COUNTY, INCLUDING TRI-MET, METRO AND ODOT TO DEVELOP, OPERATE AND MAINTAIN INTELLIGENT TRANSPORTATION SYSTEMS, INCLUDING COORDINATION OF TRAFFIC 8.1.5 DEVELOP TRANSPORTATION FACILITIES WHICH ARE ACCESSIBLE TO ALL MEMBERS OF THE COMMUNITY AND MINIMIZE OUT OF DIRECTION TRAVEL BY: a. THE DESIGN AND CONSTRUCTION OF TRANSPORTATION FACILITIES TO MEET THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT. b. THE DEVELOPMENT OF NEIGHBORHOOD AND LOCAL CONNECTIONS TO PROVIDE ADEQUATE CIRCULATION IN AND OUT OF THE NEIGHBORHOODS. C. WORK WITH WASHINGTON COUNTY AND ODOT TO DEVELOP AN EFFICIENT ARTERIAL GRID SYSTEM THAT PROVIDES ACCESS WITHIN THE CITY, AND SERVES THROUGH CITY TRAFFIC. 8.1.6 PROVIDE FOR EFFICIENT MOVEMENT OF GOODS AND SERVICES THROUGH THE DESIGN OF ARTERIAL ROUTES, HIGHWAY ACCESS AND ADJACENT LAND USES IN WAYS THAT FACILITATE THE EFFICIENT MOVEMENT OF GOODS AND SERVICES AND THE SAFE ROUTING OF HAZARDOUS MATERIALS CONSISTENT WITH FEDERAL AND STATE GUIDELINES. 8.1.7 IMPLEMENT THE TRANSPORTATION SYSTEM PLAN (TSP) IN A COORDINATED MANNER BY COORDINATING AND COOPERATING WITH ADJACENT AGENCIES (INCLUDING WASHINGTON COUNTY, BEAVERTON, TUALATIN, LAKE OSWEGO, CITY OF PORTLAND, TRI-MET, METRO AND ODOT) WHEN NECESSARY TO DEVELOP TRANSPORTATION PROJECTS WHICH BENEFIT THE REGION AS A WHOLE IN ADDITION TO THE CITY OF TIGARD. Vol. II, Policy 8-3 IMPLEMENTATION STRATEGIES 1. Design streets and highways to respect the characteristics of the surrounding land uses, natural features, and other community amenities. 2. Develop and maintain a pedestrian plan in Tigard, outlining pedestrian routes. Develop sidewalk standards to define various widths,as necessary,for City street types. 3. Develop and maintain a program of street design standards and criteria for neighborhood traffic management (NTM) for use in new development and existing neighborhoods. Measures to be developed may include (but are not limited to) narrower streets, speed humps, traffic circles, curb/sidewalk extensions, curving streets, diverters and/or other measures, as developed as part of a City NTM plan. 4. Develop and maintain a series of system maps and design standards for motor vehicles, bicycle, pedestrian,transit and truck facilities in Tigard. 5. The Regional Transportation Plan (RTP) and Tri-Met service plans will be the guiding documents for development of Tigard's transit plan. The City should provide input to Tri-Met regarding their specific needs as they annually review their system. This input should focus on improving service(coverage and frequency)to under-served areas. New transit service should be considered concurrent to street improvements when significant street extensions are completed. The City should encourage land intensive uses to locate near transitways and require high intensity uses (i.e. large employment, commercial sites)to provide transit facilities. When bus stops reach 75 boardings per day, bus selters should be considered in development review. Sidewalks should be available within '/. mile from all transit routes and transit should be provided to schools and parks. 6. Develop a bicycle plan which connects key activity centers(such as schools, parks, public facilities and retail areas) with adjacent access. Standards for bicycle facilities within Tigard will be developed and maintained. Where activity centers are on local streets, connections to bicycle lanes shall be designated. 7. Develop a pedestrian plan which connects key activity centers with adjacent access. Require sidewalks to be constructed on all streets within within Tigard. 8. Standards for pedestrian facilities within Tigard will be developed and maintained. 9. The bicycle and pedestrian plans will need to indicate linkages between recreational and basic pedestrian networks. A primary facility in Tigard should link together Fanno Creek, Tualatin River and the BPA right-of-way in the west of Tigard. Design standards for recreational elements will need to be developed and maintained. 10. Revise the Code to require new streets built to provide connectivity to incorporate traffic management design elements, particularly those which inhibit speeding. As a planning standard, require local streets to have connections every 530 feet in planning local and neighborhood streets. The purpose of this policy is to provide accessibility within Tigard, with a focus on pedestrian connectivity. Pedestrian connectivity can be provided via pedestrian/bike paths between cul-de-sacs and/or greenways where auto connectivity does not exist or is not feasible. 11. Support development of a commuter rail system connecting the south Metro area to the Beaverton/Hillsboro area,with stop(s)in Tigard. 12. A functional classification system shall be developed for Tigard which meets the City's needs and respects needs of other agencies (Washington County, Metro, ODOT). Appropriate design standards for these roadways will be developed by the appropriate jurisdiction. 13. Place a high priority on routine street maintenance to preserve its infrastructure investment and improve safety. 14. Undertake a process of defining school routes for pedestrians by working with the School District, citizens and developers. Vol. II, Policy 8-4 15. Develop guidelines to provide access control standards and apply these standards to all new road construction and new development For roadway reconstruction, existing driveways shall be compared with the standards and a reasonable attempt shall be made to comply (consolidating driveway accesses or relocating driveways to a lower classification street are examples). 16. Develop a process to review traffic accident information regularly to systematically identify, prioritize and remedy safety problems. Working with the County, develop a list of high collision sites and projects necessary to eliminate such problems. Require development applications to identify and mitigate for high collision locations if they generate 10%increase to existing traffic on an approach to a high collision intersection.Washington County's SPIS(Safety Priority Indexing System) could be used as a basis for determining high collision locations. 17. Include paths to schools, parks, and town center areas as priority roadway lighting locations. 18. Require development to provide right-of-way(if needed) and safe access as determined by application of the City's development code and standards for design. Require that the minimum City standards be met for half-street adjacent to developing property for a development to proceed(with consideration of rough proportionality). Apply this policy to both pedestrians and motor vehicles. 19. Monitor Metro and Washington County's current work to develop a level of service standard. Level of service E (and demand-to-capacity ratio of 1.0 or less), Highway Capacity Manual, Chapters 15, 16, and 17(or subsequent updated references)is recommended to balance provision of roadway capacity with level of service and funding. ODOT, Metro and Washington County performance standards should be considered on state or County facilities and for 2040 Concept Areas(as defined in Table 1.2 of the RTP). The City will work to make the arterial & collector street systems operate effectively to discourage"cut through"traffic on neighborhood and local streets. 20. Work toward the eventual connection of streets identified on the Transportation plan map as development occurs,as funds are available and opportunities arise. 21. As outlined in Title 6 of the Metro Urban Growth Management Functional Plan, develop access connection standards. The arterial street system should facilitate street and pedestrian connectivity. 22. Work with federal agencies, the Public Utility Commission, the Oregon Department of Energy and ODOT to assure consistent laws and regulations for the transport of hazardous materials. 23. Maintain plan and policy conformance to the Regional Transportation Plan and Transportation Planning Rule(OAR 660-012).Seek compatibility with all adjacent county and city jurisdiction plans. 8.2 TRAFFICWAYS Findings • A need exists to place all of the existing public local and collector streets in the Tigard City Limits under the City's jurisdiction. • According to a Washington County computer study 48-60% of Tigard residents work outside of the Washington County area. • Between 77-83%of Tigard residents commute to work by auto as single occupants. • Major congestion problems within the City have resulted from the rapid population growth since 1970, creating a need for major street improvements. • A corridor study for Pacific Highway (99W) has not been prepared byMetro. It is the only major trafficway within the region which has not been studied. Pacific Highway, the major trafficway through the City, has the highest traffic volumes, congestion and accident[s] rates within the City. There is a need to prepare a corridor study for Pacific Highway. The City, Metropolitan Service District and (the) State should coordinate such a study. • Many of the streets in Tigard are dead-ended which adds to the congestion on existing completed streets. Therefore, a number of street connections need to be constructed. Vol. II, Policy 8-5 • A major concern of the community regarding transportation is the need to maintain and improve the livability of residential areas in the face of increasing population and transportation requirements. • The City needs to develop a strategy to coordinate public street improvements with private sector improvements to achieve the most effective use of the limited dollars available for road development and improvement. • Major residential growth during the planning period is expected to occur in the westerly and southerly areas of Tigard. Both of these areas lack adequate improved trafficways. • A need exists during the planning period to complete a collector street system between Scholls Ferry Road, Walnut Street, Gaarde Street, Bull Mountain Road and Pacific Highway. The location of these connections needs to be coordinated between the City, County, State and [the] Metropolitan Service District A need exists to complete the collector street system within the Tigard Triangle area to make more of this area accessible to developers, employers and employees. POLICIES 8.2.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT. 8.2.2 THE CITY SHALL PROVIDE FOR EFFICIENT MANAGEMENT OF THE TRANSPORTATION PLANNING PROCESS WITHIN THE CITY AND THE METROPOLITAN AREA THROUGH COOPERATION WITH OTHER FEDERAL, STATE, REGIONAL AND LOCAL JURISDICTIONS. 8.2.3 THE CITY SHALL REQUIRE AS A PRECONDITION TO DEVELOPMENT APPROVAL THAT: a. DEVELOPMENT ABUT A PUBLICLY DEDICATED STREET OR HAVE ADEQUATE ACCESS APPROVED BY THE APPROPRIATE APPROVAL AUTHORITY; b. STREET RIGHT-OF-WAY BE DEDICATED WHERE THE STREET IS SUBSTANDARD IN WIDTH; C. THE DEVELOPER COMMIT TO THE CONSTRUCTION OF THE STREETS, CURBS AND SIDEWALKS TO CITY STANDARDS WITHIN THE DEVELOPMENT, d. INDIVIDUAL DEVELOPERS PARTICIPATE IN THE IMPROVEMENT OF EXISTING STREETS, CURBS AND SIDEWALKS TO THE EXTENT OF THE DEVELOPMENTS IMPACTS; e. STREET IMPROVEMENTS BE MADE AND STREET SIGNS OR SIGNALS BE PROVIDED WHEN THE DEVELOPMENT IS FOUND TO CREATE OR INTENSIFY A TRAFFIC HAZARD; f. TRANSIT STOPS, BUS TURNOUT LANES AND SHELTERS BE PROVIDED WHEN THE PROPOSED USE OF A TYPE WHICH GENERATES TRANSIT RIDERSHIP; g. PARKING SPACES BE SET ASIDE AND MARKED FOR CARS OPERATED BY DISABLED PERSONS AND THAT THE SPACES BE LOCATED AS CLOSE AS POSSIBLE TO THE ENTRANCE DESIGNED FOR DISABLED PERSONS;AND h. LAND BE DEDICATED TO IMPLEMENT THE BICYCLE/PEDESTRIAN CORRIDOR IN ACCORDANCE WITH THE ADOPTED PLAN. 8.2.4 A CHANGE IN ROADWAY CLASSIFICATION, OR LOCATION SHALL REQUIRE AN AMENDMENT TO THE COMPREHENSIVE PLAN TRANSPORTATION MAP, , THE MAP WILL BE AMENDED BY DESIGNATING THE LOCATION OF THE ROADWAY AND DESIGNATING ITS CLASSIFICATION. Vol. 11, Policy 8-6 8.2.5 THE CITY SHALL SUPPORT THE GOALS AND OBJECTIVES OF THE OREGON DEPARTMENT OF TRANSPORTATIONTO IMPROVE TRAFFIC FLOW AND CAPACITY AT THE INTERCHANGE OF 1-5 AND HIGHWAY 217/KRUSE WAY. HOWEVER, THE CITY RETAINS THE PREROGATIVE TOREVIEW, COMMENT AND CONCUR WITH THE ACTUAL ALIGNMENTS OFTHE PROJECT. 8.2.8 THE CITY SHALL ADOPT THE FOLLOWING TRANSPORTATION IMPROVEMENT STRATEGY |NORDER TOACCOMMODATE PLANNED LAND USES}mTHE llGARDTRIANGLE: a. Highway QQVVshould be widened to 8 lanes throughout the study area (top| box). This improvement should beconstructed inthe short term. |nthe event that widening Highway 99 to six lanes is prohibitive due to physical constraints, the Dartmouth extension could potentially provide needed nomheaat-8o-southxwea travel demand. b. 72ndAvenue should be widened to four lanes with left turn lanes otmajor intersections and the HuudksnHamptonovencnosdngshould boconstructed. These two improvements will provide additional roadway capacity for circulation within the Triangle and for access to and from the triangle via 72nd Avenue. Construction of the Hunziker/Hampton overcrossing would have the additional advantages of eliminating geometlic deficiencies at the Highway 217172nd Avenue interchange;thereby providing further additional capacity at this interchange. For the buildout scenario (2015). these improvements will provide adequate capacity inthe vicinity cf the Highway 217/72ndAvenue interchange. C. The Hmmptmn/Hunz|bmr connection is only justified based on its operational relief to the 72nd interchange. Further study should beconducted to examine alternative measures to relieve this situation in a more cost effective way. Further study may indicate that extending Hampton further southwesterly (to connect with Hall Boulevard in the vicinity of McDonald Street) may better accommodate projected trswmA demand, Short of constructing this structuna, a direct ramp instead of loop ramp from southbound 72nd Avenue bonorthbound Hi would provide additional capacity inthe vicinity oYthe Highway 217/72mdAvenue interchange. d. Access from Dartmouth to northbound Highway 217 is chUoa| toTigard Triangle traffic cinnu}ation, therefore, it should be studied as pod of the Highway 217 corridor analysis to be performed byODOT and Metro. Under existing conditions, there is significant congestion near the Highway 99W/Highway 217 interchange. Construction of the Dartmouth Extension and access to northbound Highway 217 would mitigate congestion at this interchange because motorists in this area of the llgond Triangle would have the option toaccess northbound Highway 217from Dartmouth orHighway QQVK a. Analysis indicates that there is o long term (20'30 years) need for Dartmouth Rood to continue over Highway 217and potentially south boHall Bnulevamdoawe||asforamtending the collector-distributor roads from the Highway 217/72ndAvenue interchange through the Highway 31 99VV interchange. The Highway 217 corridor analysis to be performed by Metro and ODOTshould consider the advantages and disadvantages of these improvements. The Dartmouth extension to Hall Boulevard should be constructed only iffurther system improvements toHall Boulevard are made concurrently. If additional eapaci$/imnot added toHall Boulevard south mfwhere the Dartmouth extension would be connected,the effectiveness of this connection would be diminished./#tematively, another roadway could be constructed that provides a connection from the Dartmouth extension to Hall Boulevard inthe vicinity p[McDonald Street. [ Adopt the functional classification plan for streets internal tothe Ti0mndTriangle ooshown unFigure 1. The following policies apply Lplocal streets wi0hinthellgomdThangle 1. Local street spacing shall beomaximum ofGWfeet 2 Access way spacing shall beumaximum nf33Ofeet 3. Spacing ofsignalized intersections on Major Arterials shall be a minimum of 600 feat 4. Existing rights of way will, to the greatest extent pmmsiWe, be utilized for m local street system. Right of way vacations will be considered only when all other policies inthis subsection are met g. The transportation projects described in this section should bwadded tothe City of Tigards Transportation System Plan. The City, ODOTand Metro should mmrk to include these improvements inneginno|andmtateimplementatimnpnmgramo. (Rwv.Ord 01'13; Ord. 96-42) 8.2.7 THE CITY SHALL ADOPT THE FOLLOWING PEDESTRIAN, BICYCLE AND PUBLIC TRANSIT IMPROVEMENT STRATEGY IN ORDER TO ACCOMMODATE EUSDNGAND PLANNED LAND USES|NTHE WASHINGTON SQUARE REGIONAL CENTER: a. Commuter Rail Service and Station: Washington County has proposed commuter rail mami000 from Wilsonville to Beaverton on the existing freight line tothe wast of Highway 217- The City supports a commuter rail station in the vicinity of the North: Mail to Nimbus Overcnoeong. b Pedestrian Improvements—SWGneenburg Road* Construct pedestrian improvements nn SW Greenburg Road between SW Hall Boulevard and Highway 217 to improve pedestrian crossing opportunities and safety. C. Pedestrian improvements- 8VV Ho|| Boulevard: Construct pedestrian crossing refuge (median) on SW Hall Boulevard between SW Ffaff|e Street and SW Locust Street to improve pedestrian crossing opportunities and safety. d. Pedestrian And Bicycle |mpommmmn** SVVLocust Street Realign GVVQOth Avenue across SWLocust Street huprovide ofour-legged intersection atLocust Street Construct curb extensiona, sidewalks and bicycle lanes to provide improved non-auto accessibility across and along Locust Street. e. Pedestrian Access Improvements- Washington Square Mail: Construct pedestrian improvements(e.g. sidewalks, |ondsoapinQ, and connections from parking 0othe mo|| and surrounding arterials)inthe Washington Square Mall area. [ Identify potential bicycle network alignments with connections to existing bikevwnyo, neighborhoods and activity mentemo, with particular emphasis on extending the Fmnnn Creek Bikeway along Ash Creek. g. Construct pedestrian trail within oncitoraround the Red Tail Public Golf Course. This presents anopportunity tnprovide osafe neighborhood walking/exercise meaondboueme more ofthe population using existing resources. h. Provide pedmotrion/bioyde connections on local streets to, from and within new developments and redevelopments. i Identify potential biuyde network alignments with connections to existing bikewvoya, neighborhoods and activity centoma, with particular emphasis on extending the Fanno Creek Bikeway along Ash Creek. j. Shuttle/People /Nm/er Develop local area transit service operating between the Washington Square Mo|| area, the Nimbus/Cascade districts and Lincoln Center. The service could use the proposed connections across Highway 217. Initially eshuttle bus,in the future this service could beconverted tosome type of fixed route system. k. Transit Center Improvements: Construct capacity and facility improvements(e.W. real time transfer information, lighting, covered connections to the /NmU^ and additional bus bays)to the existing transit center otthe Washington Square Mall. |. Tnonob System Improvements: The City supporta transit routing and frequency improvements in the Regional Center. Td-Met has provided anoutline nfpotential service improvements and planning that would need to occur to implement these improvements. The range of improvements include relocating the Transit Center to provide better connections into the Mall, coordinating park and ricle facilities with the future commuter rail service, providing bus stop improvements in the Regional Center area, and decreasing transit service headwmya. Tigand. Th'/Net and employers or developers in the district should begin 10develop mtransit improvement plan for the district. M. Travel Demand Management Program: The City recognizes the importance o[developing a travel demand management program for the Regional Center area. A key features of this program will be a Transportation Management Association(TMA)that coordinates the means of decreasing demand for single occupant vehicles within the Regional Center area, parking management strategies, transit system improvements, and travel demand management programs. The City of Tigard, Beaverton, Washington County, Tri-Met, Metro, ODOT and employers in the area should begin to work together to refine this framework into a detailed plan for the area. (Rev. Ord. 02-12) 8.2.8 THE CITY SHALL ADOPT THE FOLLOWING AUTO AND ROADWAY IMPROVEMENT STRATEGY |NORDER T] ACCOMMODATE EXISTING AND PLANNED LAND USES |NTHE WASHINGTON SQUARE REGIONAL CENTER: a. Near Term Traffic Operations Improvements: Small-scale roadway operations improvement projects whmU be implemented in the near future. These improvements correct existing system deficiencies or provide needed pmdesthon, bicycle or transit facilities: 1. Develop signal timing improvements on 8menbuqg Road between Highway 217 and the Washington Square Mail. 2. Construct eseparate eastbound right turn lane from Hall Boulevard toSoho||aFerry Road.This could require Hall Boulevard overcrcsmngimprovements. 8. Construct pedestrian improvements throughout the district 4. Develop a shuttle system connecting Lincoln Center, Washington Square Mail and Nimbus Business Park- 5. Evaluate and confirm that the southbound Hm8| Boulevard right tuonly lane into the Washington Square Mail atPe|mbladLane should be eliminated. Resthpoee appropriate. O. Develop signal timing improvements on Ho|| Boulevard that include capabilities to allow buses that have fallen behind schedule totravel tothe front pfthe queue and travel through the signal prior to other traffic(*queue jumping capabilities'). 7. Develop direct access from the Washington Square Mail hothe Target Store oothat motorists do not have totravel on Ho|| Boulevard when traveling between the two facilities. 8. In cooperation with the City of Beaverton and Th'KAet, identify a new Pork & Ride site hmreplace the existing site that was intended tobmtemporary. b Highway 217Improvements: Identify and plan for the implementation cfimprovements ho Highway 317and its interchanges between Interstate 5and Highway 26. C. North: Mail toNimbus Connection: Construct bridge over Highway 217 connecting the Washington Square Mall with the Nimbus Business Center. The bridge would include a two4ane roadway, bike lanes, sidewalks and facilities for transit. The bridge is intended to be a facility for local travel within the Regional Center. d. SW Nimbus Avenue: There are two components of the SW Nimbus Avenue Improvements: 1. North ofSohoUo Ferry Rood: Modify the existing roadway (north o[ Schol|n Ferry Road) to m 34mnehmm|ity with parking, bike lanes and sidewalks. Potential for streetscape improvements including solid median with specific turn slots to individual properties. 2. Nimbus to Qveenbm/Q Connection: Extend 8WNimbus Avenue to meetGreenbwrg Rood. This would be 54anm roadway with bike |onom and sidewalks, but no on- street parking. e. SW Lincoln Street: Modify Lincoln Street to provide a 34ane section with parking, bike lanes and sidewalks between SW Locust Street and SW Oak Street f. SW Hall Boulevard: The Washington Square Regional Center Task Force identified this project as the fifth priority for implementation in the Regional Center area. The project would first be constructed to 34ane standards with sidewalks and bike lanes at five lane limits between Oleson Road and Highway 217. If after other project recommendations have been constructed, it is found that Hall Boulevard still needs to be a five-lane facility the roadway would then be widened again. In the interim, and as possible the City of Tigard or ODOT would acquire the right of way necessary for a five4ane section As a three or five4ane facility, this project includes landscaped median with designated left tum pockets that also provide for improved pedestrian crossing opportunities. This is consistent with Metro the Regional Boulevard Designation for Hall Boulevard. g. SW Cascade Avenue: Improve the existing roadway (north and south of Scholls Ferry Road)to 34ane standard with parking, bike lanes and sidewalks. Potential for streetscape improvements including solid median with specific turn slots to individual properties. h. SW Locust Street: Modify Locust Street between Hall Boulevard and Greenburg Road to include a three-lane section with parking, bike lanes, sidewalks and other streetscape improvements to maintain as a lower speed street. i. SW Oak Street: Modify the roadway to provide 2-lane section with parking, bike lanes and sidewalk between SW Hall Boulevard and SW Lincoln Street j. Washington Square Internal Roads: Construct improvements to existing Washington Square Mall internal circulation roads to public street standards with bike lanes and sidewalks. k. Adopt the functional classification plan for streets internal to the Washington Square Regional Center as shown on Figure 1. The following policies apply to local streets within the regional center: 1. Local street spacing shall be a maximum of 530 feet. 2. Access way spacing shall be a maximum of 330 feet 3. Spacing of signalized intersections on Major Arterials shall be a minimum of 600 feet. 4. Existing rights of way will, to the greatest extent possible, be utilized for a local street system. Right of way vacations will be considered only when all other policies in this subsection are met. 1. The transportation projects described in this section should be added to the City of Tiigard's Transportation System Plan. The City, COOT and Metro should work to include these improvements in regional and state implementation programs. (Rev.Ord 02-12) IMPLEMENTATION STRATEGIES 1. The City shall develop, adopt and implement a master street plan that anticipates all needed trafficway improvements so as to plan for the necessary available resources to develop these streets when they are needed. 2. The City shall develop, maintain and implement a capital improvements program which: a. Is consistent with the land use policies of the Comprehensive Plan; b. Encourages a safe, convenient and economical transportation system; Vol. II, Policy 8-10 C. Furthers the policies and implementation strategies of the City's Comprehensive Plan; d. Considers a variety of transit modes within the rights-of-way; e. Meets local needs for improved transportation services; f. Pursues and establishes other funding sources from the federal, state, regional and/or local agencies; and g. Designates the timing of such projects to ensure their installation when those facilities are needed. 3. The City shall specify street design standards within the Tigard Community Development Code. 4. The City shall maintain the carrying capacity of arterials and collectors by reducing curb cuts and other means of direct access, and requiring adequate right-of-way and setback lines as part of the development process. The Community Development Code shall state the access requirements for each street classification. 5. The City's Tigard Community Development Code shall require developers of land to dedicate necessary rights-of-way[s] and install necessary street improvements to the City's standards when such improvements have not been done prior to the developer's proposals. These necessary dedications may be required upon approval of any development proposal. 6. The City shall control and limit the number of access points and will signalize trafficways in a manner that provides for a consistent flow of traffic and therefore minimizes or reduces vehicular emissions. 7. The City shall include provisions in the Tigard Community Development Code which addresses the aesthetic quality of the transportation system to ensure community livability and to minimize the effects on abutting properties. This can be accomplished through: a. Building setback requirements; b. Requirements for landscaping and screening and through other site design criteria for visual enhancement; C. Limiting residential land uses along major arterial trafficways; and d. Sign controls. 8. The City shall coordinate their planning efforts with adjacent cities and other agencies e.g., Beaverton, Portland and Tualatin,Washington County, METRO,Tri-Met and ODOT. 9. The City shall work out reciprocal agreements with other agencies for exchanging information pertinent to local transportation planning. 8.3 PUBLIC TRANSPORTATION Findings • Since the oil embargos of the 1970s,the cost of motor fuels has increased fourfold. • The Tri-County Metropolitan Transportation District of Oregon (Tri-Met) is responsible for providing public transportation to the residents of Multnomah,Washington and Clackamas Counties. • Presently,there are Eleven(11)bus lines that service the Tigard area. • Public transit offers the community an opportunity to reduce traffic and pollution as well as increase energy efficiency. • Work trips and shopping trips are most conducive to mass transportation. • The proposed downtown Tri-Met Tigard transfer center will increase service and lessen travel time for riders. POLICIES Vol. II, Policy 8-11 8.3.1 THE CITY SHALL COORDINATE WITH TRI-MET TO PROVIDE FOR A PUBLIC TRANSIT SYSTEM WITHIN THE PLANNING AREA WHICH: a. MEETS THE NEEDS OF BOTH THE CURRENT AND PROJECTED, FOR THE TIGARD COMMUNITY; b. ADDRESSES THE SPECIAL NEEDS OF A TRANSIT DEPENDENT POPULATION; C. REDUCES POLLUTION AND TRAFFIC;AND d. REDUCES ENERGY CONSUMPTION. 8.3.2 THE CITY SHALL.ENCOURAGE THE EXPANSION AND USE OF PUBLIC TRANSIT BY: a. LOCATING LAND INTENSIVE USES IN CLOSE PROXIMITY TO TRANSITWAYS; b. INCORPORATING PROVISIONS INTO THE COMMUNITY DEVELOPMENT CODE WHICH REQUIRE DEVELOPMENT PROPOSALS TO PROVIDE TRANSIT FACILITIES; AND C. SUPPORTING EFFORTS BY TRI-MET AND OTHER GROUPS TO PROVIDE FOR THE NEEDS OF THE TRANSPORTATION DISADVANTAGED. IMPLEMENTATION STRATEGIES 1. The City shall request Tri-Met to extend service to areas within the City that do not currently have service. 2. In the City's Community Development Code, the City shall require large developments to provide transit facilities e.g., pull-offs and shelters, if such developments are located adjacent to transit routes. 3. The City shall propose land use densities, within the Comprehensive Plan, along transit oriented corridors that support public transportation service. 4. The City shall work with Tri-Met and other transit providers to encourage transit service for the transit dependent population e.g.,the poor and handicapped. 5. The City shall encourage its citizens to use mass transit systems, where possible, to make greater effectiveness of the transit system while reducing automobile usage. 6. The City shall coordinate with the transit providers to encourage carpooling and investigate if there is a focal need for carpooling in the Tigard area. 8.4 TRANSPORTATION FOR THE DISADVANTAGED Findings • Tri-Met is responsive for providing handicapped transit accessibility including coordination of special transit services by social service agencies. • Tri-Met conducts the detailed special handicapped transit planning necessary to identify required service improvements and adopt a plan for meeting federal requirements for handicapped accessibility. POLICY 8.4.1 THE CITY SHALL COORDINATE WITH WASHINGTON COUNTY, TRI-MET AND OTHER REGIONAL AND STATE AGENCIES IN THE IDENTIFICATION AND ACCOMMODATION OF INDIVIDUALS WITH SPECIAL TRANSPORTATION NEEDS. IMPLEMENTATION STRATEGIES Vol. 11, Policy 8-12 1. The City shall require, through the implementation process, that parking spaces be set aside and marked for disabled persons[parking]and that such spaces be located in convenient locations. 2. The City shall continue to coordinate with [the] appropriate agencies in the Identification and accommodation of those individuals with special transportation needs. 8.5 PEDESTRIAN AND BICYCLE PATHWAYS Findings • As the City of Tigard continues to grow, more people may rely on the bicycle and pedestrian pathways for utilitarian as well as for recreational purposes. • In 1974,the City Council adopted a Comprehensive Pedestrian/Bicyde Pathway Plan. • The City has required adjacent development to install that portion of the bicycle/pedestrian pathways shown on the adopted plan which abuts the development. • The City has implemented portions of the adopted plan through the City's overlay program. • The adopted Bicycle/Pedesthan Plan provides for a dual function pathway system; bicycles and pedestrians use the same system. POLICY 8.5.1 THE CITY SHALL LOCATE BICYCLE/PEDESTRIAN CORRIDORS IN A MANNER WHICH PROVIDES FOR PEDESTRIAN AND BICYCLE USERS, SAFE AND CONVENIENT MOVEMENT IN ALL PARTS OF THE CITY, BY DEVELOPING THE PATHWAY SYSTEM SHOWN ON THE ADOPTED PEDESTRIAN/BIKEWAY PLAN. IMPLEMENTATION STRATEGIES 1. The City shall review each development request adjacent to areas proposed for pedestrian/bike pathways to ensure that the adopted pian is properly implemented, and require the necessary easement or dedications for the pedestrian/bicycle pathways. 2. The City shall review and update the adopted PedestriantBikeway Plan on a regular basis to ensure all developing areas have accessibility to the Pedestrian/Bikeway system. 3. The City shall coordinate with Washington County to connect the City's Pedestrian/Bike Pathway system to the County's system. 4. City codes shall include provisions which prohibit motor driven vehicles on designated and maintained pedestrian/bicycle pathways. 8.6 RAILROADS Findings • Tigard is serviced by Southern Pacific and Burlington Northern railroad lines which cavy strictly freight through the City Limits. • Within the downtown area each railroad company has its own trackage and the usage of those lines is based on the railroads'needs. • There should only be one set of railroad tracks traversing the downtown area. The City is in the process of discussing this issue with both railroads. Vol. 11, Policy 8-13 • Many of the commercial and industrial businesses within Tigard rely on the railroads for the shipping and receiving of goods. • The City is currently coordinating the upgrading of all the railroad crossings within Tigard with the railroads. POLICY 8.6.1 THE CITY SHALL COOPERATE WITH THE RAILROADS IN FACILITATING RAIL FREIGHT SERVICE TO THOSE COMMERCIAL AND INDUSTRIAL BUSINESSES WITHIN THE CITY THAT DEPEND ON RAILROAD SERVICE IMPLEMENTAIING STRATEGIES 1. The City shall continue to coordinate with the Southern Pacific and Burlington Northern railroads to provide adequate railroad service. 2. The City shall designate adequate commercial and industrial land within close proximity to existing railroad service lines to ease railroad accessibility to those businesses that rely on the service. 3. The City shall coordinate with the railroads to combine the trackage within the downtown area. (Rev. Ord. 02-03) Vol. 11, Policy 8-14 Compliance with the capital improvement program (CIP) Response: The CIP projects identified for Fiscal Year 2003-04 do not include any projects within 1t2 mile of the site. Therefore the vacation request has no impact on the anticipated short-range CIP. See a list of F/Y 2003-04 CIP projects located behind Tab 8 City of Tigard> City Hall >Departments>Engineering> Capital Improvement Program... Page l of 2 weluyn to +# he fJ' J' rx f figal-11. OJ'e'goyt Search Search for... City Hall Business Community Police Library Help 27 At Quick Links CIP Projects FY 2003-04 :.Home Home > Qty Hall > Departments_ > Engineering >Capital Improvement.Program > Programs :.Bid Advertisements :.City C_ouncil_Aggnda Programs: :.Cityscape Newsletter Storm Street Parks Sanitary -- - Water City-Facilities :.Construction in Tigard Drainage :. Development Code System System- Sewer System System System System a Events Calendar Forms Street System Program :.3ott_opportunities :. New_to Tioard? Program Description :.News The Street System Program contains projects to construct, maintain, and it :.Parks in Tigard Tigard's street system. Projects are accounted for in the State Gas Tax Fun :.Tgard,Munici" C0—d* Traffic Impact Fee Fund, the Urban Services Fund, the Underground Utility :.Yolunteer,Opportunities the Dartmouth LID Fund and the Wall Street LID Fund. :. Water Division Projects Name Status Year Amou Online Services :.GIs_QMine._Maps 121st Avenue_(Right-of-Way) Proposed FY 2003-04 $2 ULibrary/_catalog_- Bonita Road (Hall Blvd. to Fanno Creek Proposed FY 2003-44 $2 wlLInet Bridge] a.Utility Payments :.vendor Registration Bull Mou_ntain/Roshak_Road Intersection Proposed FY 2003-04 $1 Commercial Street (95th to proposed FY 2003-04 $1 Main Street Embedded Crosswalk Lights.--(Walnut StreetjGrant_Ave intersection -_Flashing Proposed FY 2003-04 $ Beacons) Gaarde Street Improv_ements-PhaseUnder2 Construction FY 2003-04 $1,9 Greenburg-Road_ ashington_Square proposed FY 2003-04 $7 Drive-to Tiedeman,Avenue) Hall_Blvd_Sidewalks_@_-Highwav 217 Proposed FY 2003-04 $ Hall Blvd/Wall St Intersection proposed FY 2003-04 $1,2 Approaches -_ Nimbus_AvenueExtension (Land proposed FY 2003-04 $ Acquisition) Pavement Maior_Maintenance_- Urban proposed FY 2003-04 $2 Services - Pavement Major_Maintenance_Progra_m proposed FY 2003-04 $1 iPMMP) - - Street Striping Program Proposed FY 2003-04 $ Tiedeman_Avenue.Railroad Crossings proposed FY 2003-04 $ (south of North Dakota Street) http://www.ci.tigard.or.us/city hall/departments/engineering/cip_projects/program.asp?pro... 8/27/2003 City of Tigard> City Hall >Departments>Engineering> Capital Impr-vement Program... Page 2 of 2 Traffic Calming Program Proposed FY 2003-04 $ Wall_Street Local Improvement District Proposed FY 2003-04 $1 Walnut Street (Riaht-of-Wav) Proposed FY 2003-04 $3 Walnut Terrace (69th Ave to_City Proposed FY 2003-04 $1 Limits) PrLinterFriendly_Version (IE S.O+ or Netscape 6.1+ only) Questions, comments, suggestions?Fill out the feedback form. Leaal Disclaimer e1 Tigar privacy Policy City of Tigard 13125SW -Hall Blvd 503-63 - 1­ rd_OR 972_Z3_ 4171 .9__----------- http://www.ci.tigard.or.us/city hall/departments/engineering/cip_projects/program.asp?pro... 8/27/2003