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88-43087 ~ North Dakota Street ~ 114th Avenue CITY OF TIGARD, OREGON 88-43087 Washington County ORDINANCE N0. 88—j�_ AN ORDINANCE VACATING A PORTION OF SW NORTH DAKOTA STREET, A DEDICATED PUBLIC RIGHT—OF—WAY LOCATED IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the City recently completed a capital improvement known as the SW 115th Avenue/SW North Dakota Street intersection realignment project; and WHEREAS, it appears that a portion of the SW North Dakota Street right—of.-way is no longer needed for public purposes as a result of said realignment project; and WHEREAS, a vacation request was received and filed with the City Recorder; and WHEREAS, the reason and purpose for this vacation is to return a portion of the SW North Dakota Street right—of—way to private ownership; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, Portland General Electric, Willamette Cable TV and the Tigard Water District have expressed an interest in retaining certain easement rights; and WHEREAS, in accordance with ORS 271. 100, the TMC Section 15.08. 110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271 .080; and WHEREAS, the Council, having held a hearing on July 25, 1988, finds the public interest will not be prejudiced by the vacation as provided by ORS 271. 120 and TMC Section 15.08.130; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1. That two separate utility easements be retained over a portion of the area to be vacated to accommodate the maintenance and operation of existing utilities. The first easement shall accommodate existing electric and cable TV services and is described in Exhibit "B" which is attached hereto and incorporated by reference herein. The beneficiary of this easement shall be Portland General Electric and Willamette Cable TV. Elimination of said easement shall required the approval of both companies . The second easement shall accommodate existing domestic water services and is described in Exhibit "C" which is attached hereto and incorporated by reference herein. The beneficiary of said easement shall be the 'Tigard Water District. Elimination of said easement shall require the approval of the Tigard Water District. The City shall not retain any interest in said easements. Please return original recorded ORDINANCE NO. 88--hL document to: City Recorder/Tigard Page 1 P. 0. Bog 23397 Tigard. OR 97223 ' � U '2. The vacation sha'., not be effective until the fective date of this Ordinance, and a certified copy of this Ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1 : The Tigard City Council hereby orders the vacation of a portion of SW North Dakota Street as described and shown on the attached Exhibit "A," and by this reference made part hereof-. ,Section 2. The Tigard City Council further orders that the vacation be subject to the following conditions: 1 . That two separate utility easements be retained over a portion of the area to be vacated to accommodate the maintenance and operation of existing utilities. The first easement shall accommodate existing electric and cable 'TV services and is described in Exhibit "B" which is attached hereto and incorporated by reference herein. The beneficiary of this easement shall be Portland General Electric and Willamette Cable TV. Elimination of said easement shall required the approval of both companies. - The second- easement shall accommodate existing domestic water services and is described in Exhibit "C" which is attached hereto and incorporated by reference herein. The beneficiary of said easement shall be the Tigard Water District. Elimination of said easement shall require the approval of the Tigard Water District. The City shall not retain any interest in said ei easements . 2. The vacation shall not be effective until the effective date of this Ordinance, and a certified copy of this Ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. Section 3: This Ordinance shall be effective on the 31st day after its enactment by the City Council and approved by the Mayor, subject to the terms and conditions included within the Ordinance. PASSED: By und- 11m oUS vote of all Council members present after eing read by number and title only, this ; day of 1988. C erine Wheatley, De uty Ci&# Recorder APPROVED: This .�� day of , 1988. Thomas M. Brian, Mayor Approved as to f rm: <-fv 4 �" City Att r ey -STATE OF OREGON ) County of Washington ) City of Tigard ) I, CATHERINE WHEATLEY, HEREBY CERTIFY THAT I am the duly appointed, qualified and acting Deputy City Recorder of the City of Tigard, Oregon. I further certify that I have compared the herewith copy of ORDINANCE NO. :�C— I F — of the City of Tigard with the original in my possession as custodian of the official records of the City of Tigard, and that the herewith copy is a correct transcript of ORDINANCE N0. 88-1'3 �. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the City of Tigard this day of �� Deputy City Recorder EXHIBIT "A" A parcel of land located in the southwest quarter of Section 34, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Beginning at the northwest corner of the J.L. Hicklin D.L.C. No. 54; thence South 89031'53" East, 25. 17 feet to the True Point of Beginning; thence South 00014' 11" East, 33.19 feet; thence southeasterly on a 20 foot radius curve concave to the northeast (the chord beards South 240 51'28" East 16.66 feet) 17. 19 feet; thence northeasterly on a nontangent 46.62 foot radius curve concave to the southeast (the chord bears North 60030'49" East, 46.56 feet), 48.75 feet; thence North 00028'07" East, 5.0 feet; thence South 89031 '53" East, 27.99 feet; thence northeasterly on a 380 foot radius curve concave to the southeast (the chord bears North 69001'32" East, 109.46 feet), 109.84 feet; thence northeasterly on a 20 foot radius curve concave to the northwest (the chord bears North 38039'25" East, 24.98 feet), 26.98 feet to the west right—of--way line of S.W. 114th Avenue; thence southwesterly on a 15 foot radius curve concave to the northwest (the chord bears South 45014'35" West, 21.30 feet), 23.68 feet; thence North 89031'53" West, 100.88 feet; thence South 00°14'11" East, 10.04 feet; thence North 89°3647" West, 29.55 feet; thence North 00028'07" East, 5.00 feet; thence' southwesterly on a 96.62 foot radius curve concave to the southeast (the chord bears South 75004'01" West, 49.81 feet), 50.38 feet; thence South 00014' 11" East, 11.77 feet to the point of beginning; containing approximately 6,598 square feet. Basis of Bearings and reference survey: C.S. #22,444. ht/4924DR��bTER� PRORj9j$S10NA L LAND SURVEYOR 0 ZGON jow"V J01 AaV0 N 0 0 r Q Lu to ^ C N - V T •� ' p V Q 043 _ LoN �/ to N� W WLM m C �.. LL Q V Q N O Q 0 0� V N h L srtis —0 , 0Iq Q .N N1 m: ££'t9 t£'£9 M �o ,0 0 N = O O O OQ 0 co it Ot 0L O Ch 004001 ss — 001 _ ?• _ Q O o, A • »eS? (1D N o � O � gQ $Q 0 , 0 � $ o � 8 0IR $ O ^ N N N ' � � l0 �N Nn! Nn! ti 0 and N u� Sil L 001 N N Ql a OS M iA N S6 10, 001 001 /w to �, �, o co ui _ lC - - �—•, — —' —— e c 0 01 001 oc e nN M �Nb _ _ _ Lrl 001 001 0 °7 ' 001O Q Q� p r IQ o �l` ^ O M O N 52 N ry O t� 001 001 001 � O 0 � ^ N M M Q `J N EXHIBIT "B" That tract of land situated in the south half of Section 34, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the northwest corner of the J. L. Hicklin D.L.C. No. 54; thence on the north line of said Hicklin D.L.C. S 890 31' 53" E 25 feet to a point; thence N 00 14' 11" W 10 feet to the true point of beginning; thence N 0° 14' 11" W 10 feet; thence S 890 31' 53" E 17.44 feet to a 96.62 foot radius non-tangent curve concave to the south; thence easterly on said curve (the chord of which bears N 810 12' 26" E 31 .05 feet) 31. 19 feet to a point; thence S 00 28' 07" W 5 feet; thence S 890 36' 47" E 29.55 feet; thence N 00' 14' 11" E 10.04 feet; thence S 890 31' 53" E 100.88 feet to a point of curvature; thence northeasterly on a 15 foot radius curve concave to the northwest (the chord of which bears N 450 14' 36" E 21.30 feet) 23 .68 feet to a cusp; thence S 00 28' 07" W 4.35 to a point of curvature; thence- southwesterly hencesouthwesterly on a 20 foot radius curve concave to the northwest (the chord of- which bears S 360 56' 24" W 25.91 feet) 28. 18 feet to a point of reverse zs curvature; thence southwesterly on a 380 foot radius curve concave to the southeast (the chord of which bears S 750 50' 08" W 19.54 feet) 19.54 feet to a point; thence N 890 31' 53" W 81.39 feet; thence S 00 14' 11" E 5.08 feat; thence N 890 31 ' 53" W 77.64 feet to the true point of beginning. cn/5941D RaGiSTERED PROFESSIONAL O SURVEYOR MO 0R5GO �NVART t5,IW ,JON T FLIGION #2252 pC�, 5 0 0 CO N OR IZI 0 Lo u Wj Lin LLo CC WN0 CP) V %C) W I N srtls 0 lovdi • s 30V-1 d'(4 - -S '"'" Q �° CLL £Z 1£I 0 Iq CO C\j m ME9 CJ 0 0O O 0 0 0 0 co OL 004 001 96 001 Q • co Mt (i CID C\A 0 0(i tj 0 �.j gQN"g aOR 0 N o 0N LO 3AV Gil 001 Ln CL _ 0 t- IN N 0) 09ID ro in cli ID 0 0 09,011 001 001 0 \ LL, 2 — 0 co 4' 001 001 6 N - tel C\J C\j 0'.0 001 001 O —00. — -7 I I I 0 a) 0 0 C\j 0) I.D tot/ 0 Z 0 0 0 WD q 1- 0 0 ci 0 6 r- I I-kR Oj 0 ............. .... ool lip 41 001 001 C'J IC) 0 N 2Zd cn EXHIBIT "C" That tract of land situated in the south half of Section 34, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the northwest corner of the J. L. Hicklin D.L.C. No. 54; thence on the north line of said Hicklin D.L.C. S 890 31' 53" E 25 feet to a point; thence S 000 14' 11" W 8.86 feet to the true point of beginning; thence parallel to and 8.86 from said D.L.C. line, S 890 31' 53" E 96.76 feet to a 380 foot radius non--tangent curve concave to the southeast; thence southwesterly on said curve (the chord of which bears S 620 42' 50" W 21 .47 feet) 21 .47 feet to a point; thence N 890 31' 53" W 77.64 feet to a point; thence N 00 14' 11" W 10 feet to the true point of beginning. cn/5941D RWWSTER�t� PROFESSIONAL LMD SURVEYOR antrioN JANUARY M/8tt JON T.FEIGtON # 2 0 O Q W �' UDN 'w N cc (/, Vv Q ii O Q .L tv W W _ L C c aUN N O Q 0 % W N � S1 fIS _ p 3�v 1d Oc ac t<z s 'Q 0 u m TCV9 � TO M = N ° O Q 0 0 0 oQ O O O O o ci OL co oc r` O Q 001 001 96 - 001 _ �' O% O 00 N*j ao N — v Li Ci OV IR O V U O V — Q OQ Q ; K C4 3AV N I ■ ■ S'l L001 J N d N 0) Oc j O N _ 00 0 P '-` 0 co co, z 09'011 001 001 W Q 001 19 001 cc cn $ N _ 1� �� ► Te �l � N m Q U tory g to —W wl 001 Q 001 I 0 O . `coq' 00 U-1 '� (O,� ^ Z e O M '` O 0 S2 cv"! O P Q (� O01 001 `r 001 STATE OF OREGON l 0 County of Washington J SS I p2 v N I, Donald W. Mason, Director of Assessment + Ctd. as-18 and Taxation and Ex-Officio Recorder of Con- P� 8 veyances for said county, do hereby certify that ` the within instrument of writing was received and recorded in book of records of said county. Donald W. Mason, Director of Assessment and Taxation, Ex- Officio County Clerk 1988 S2r 28 !drl 11: 45 (NOTE: PUBLIC .. -ARINGS TO BE SCHEDULED FOR 1st Mrd MEETINGS ONLY) CITY RECORDER TIMELINE - EASEMENT/STREET VACATIONS Date r - z-1 -/3' tC'onsent Agenda ResolutionNo. Engineering (Clarno) & Planning (Liden)*with a copy of mo to Eng - letter that is going to affected property owners. *cc Diane Z� etters to- Utility Companies with specific reply date. �� p Clarno) requesting posting of orandum to Engineering g ice of public hearing (5 days after 1st date of publication) notl� +Deliver ad to newspaper (5 consecutive publications) -23-`r' --Publication -_5--0,0 Planning Commission Review /; j-"Responses back from utility companies - have copies made and send to Engineering (Clarno) Ci„g_ATFN Y «„ l z r;U l�tit' ck ready for Ordinance fbr consideration �- - Ly 7-2--� blic`Hearing - Ordinance" Post Ordinance Send Ordinance to Washington County for recording. CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 25, 1988 DATE SUBMITTED: July 14, 1988 ISSUE/AGENDA TITLE: Street Vacation PREVIOUS ACTION: Called for Public Public Nearing — Portion of Hearin — Res. 88-51 on June 13 1988 SW North D k to Street PREPARED BY: Development Services Mgr. let— DEPT HEAD0 CITY ADMIN 0 \ REQUESTED BY: Staff POLICY ISSUE Council initiated street vacation request — consistent with Council policy as adopted by Resolution No. 87-30. INFORMATION SUMMARY This past year the City completed a realignment of SW North Dakota Street at SW 115th Avenue as part of the capital improvement program. As a result of this realignment, it appears that a portion of the original right—of—way is no longer needed for public purposes. Vacation of this public right—of—way would return the ownership to adjoining properties. Attached is a report by staff that gives more information on the background and findings of the proposal. ALTERNATIVES CONSIDERED 1 . Approve the attached ordinance which vacates a portion of SW North Dakota Street and reserves certain utility easements over a portion of the area to be vacated (staff recommendation) , 2. Request staff to prepare resolution denying proposed vacation which may be based on objections and remonstrances received during the public hearing. FISCAL IMPACT All fees and staff- time are being paid by the City as cost associated with the realignment project. SUGGESTED ACTION Staff- recommends Alternative No. 1 with motion to approve the Ordinance as presented. ht/5957D rT11c 1 �✓ owCr••r+„" / 1 •Ie � d� e " - I iY1 '� i"=sow Ll 1` • OR£ENWAY WOOD 'y ( 1 �} TOWNCENTER e c Ac �sw y = r Fri?' •\ of 0 r 0 O � �� •, �� •• 0L) L 0 f., x w f•.KO s.w.--�wTOM-- 011."--"- sr rA.Z�TA IT. ^1 ow w 1 CiFFT� IMOT 4c"." �- FH I �r« o�ucoi� f T CM i lJf. \ sw n = ._ lD EWATE MIL VI • • \SUMMERLAKE' PAW -Aaw-wI f rlwacwe •� .T ` �w bt as TR1RR0 f[ S.W. « ST c MARY WOODWARD ''• (' ELEMENTARYs+T, VATS n.. SCHOOL ""` I. ' 3334 j—ulurlaRwl 3 s a I \ F011k 3 i • SUMMt" HIOR iIGH anus s r LINN R. I SCHOOL J _ ILL ei... CT- I r r i.• .r.• NIR OL f.a NM i • R Y « l L_r. .wLwuT R cr -. f E _ 4t Qt - �C VP � a as t R w r V"TT K I /•• _ I t SI• �!� IIKSTKIME � AL040TA .- 1 ' R ■ J s f fr ♦ fl« cr 1 _?♦ r+ �.. olwwr 0iU C,,I, � d . .fC•i e. l I� _. w.``_ .- MEMORANDUM CITY OF TIGARD' OREGON TO: Mayor and City Council July 14, 1988 FROM: Randy Clarno, Development Services ManagLa' SUBJECT: Community Development Department Report for Proposed SW North Dakota Street Vacation BACKGQAUND The City recently completed a capital improvement known as the SW North Dakota Street/SW 115th Avenue intersection realignment. A portion of the original SW North Dakota Street right—of—way appears to be no longer needed for public purposes as a result of this realignment project. On June 13, 1988 Council initiated the process to formally consider this vacation proposal . FINDINGS Elanning Commission Recommendation The Planning Commission is required to make a recommendation as provided by TMC 15.08.000. On July 5, 1988 the Commission reviewed this proposal . and recommended that it be approved. � Transportation and Capital_1±RE2y2ment Plan This vacation proposal does not conflict with either the Transportation Plan or Capital Improvement Plan. SW North Dakota Street is classified as a minor collector and will continue to have the same classification in its new alignment. The realignment and improvement of this portion of SW North Dakota Street was completed as part of the Capital Improvement Program for FY 87-88. (drainage and sewer) Currently there are no City utilities located within the area proposed for vacation. The Engineering Division has reviewed the proposal and does not recommend the retainage of any public easements . Responses to the proposed vacation were received from the following other utility providers: Portland General Electric Northwest Natural Gas General Telephone Co. Tigard Water District Willamette Cable Co. Memo to Mayor and Council Page 7_ July 14, 1988 Portland General Electric, Willamette Cable TV and the Tigard Water, District have all requested that easements be retained for facilities they currently have within the vacation area. Staff is recommending- that two separate easements be retained to accommodate these facilities. These easements have been incorporated into the ordinance attached to this report. Fire and Police Services Both the Fire District and Police Department have reviewed the proposal and have no concerns with the vacation. T17L.E TO VACATED LANDS It is my opinion, given statutory guidelines, that title to the proposed vacated lands will go evenly to properties on both the north and south sides of SW North Dakota Street. It should be noted that the property owner on the south side is the City of Tigard. The City owns this property as a result of right--of—way acquisition necessary to complete the realignment project. RECOMMENDATION Staff recommends that Council -approve the proposed vacation with the condition that certain utility providers retain usual easement rights. The attached ordinance incorporates the necessary language and legal descriptions to provide these easements. cn/5946D CITY OF TIGARD, OREGON ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF SW NORTH DAKOTA STREET, A DEDICATED PUBLIC RIGHT--OF----WAY LOCATED IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the City recently completed a capital improvement known as the SW 115th Avenue/SW North Dakota Street intersection realignment project; and WHEREAS, it appears that a portion of the SW North Dakota Street right-of--way is no longer needed for, public purposes as at result of said realignment project; and WHEREAS, a vacation request was received and filed with the City Recorder; and WHEREAS, the reason and purpose for this vacation is to return a portion of the SW North Dakota Street right-of--way to private ownership; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, Portland General Electric, Willamette Cable TV and the Tigard Water District have expressed an interest in retaining certain easement rights; and WHEREAS, in accordance with ' ORS 271 . 100, the TMC Section 15.08. 110, the Council fixed a time and place for the public:- hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271 .080; and WHEREAS, the Council, having held a hearing on July 25, 1988, finds the public interest will not be prejudiced by the vacation as provided by ORS 271. 120 and TMC Section 15.08. 130; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1. That two separate utility easements be retained over a portion of the area to be vacated to accommodate the maintenance and operation of existing utilities. The first easement shall accommodate existing electric and cable TV services and is described in Exhibit "B" which is attached hereto and incorporated by reference herein. The beneficiary of this easement shall be Portland General Electric and Willamette Cable TV. Elimination of said easement shall required the approval of both companies . The second easement shall accommodate existing domestic water services and is described in Exhibit "C" which is attached hereto and incorporated by reference herein. The beneficiary of said easement shall be the Tigard Water District. Elimination of said easement shall require the approval of the Tigard Water District. The City shall not retain any interest in said easements. ORDINANCE NO. 88- Page 1 2. 'The vacation sha riot be effective until the effective date of this Ordinance, arid a certified copy of this Ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS 1=01_l_OWS: Section 1 : The Tigard City Council hereby orders the vacation of a portion of SW North Dakota Street as described and shown on the attached Exhibit "A," and by this reference made part hereof. Section 2. The Tigard City Council further orders that the vacation be subject to the following conditions: 1 . That two separate utility easements be retained over a portion of the area to be vacated to accommodate the maintenance and operation of existing utilities. The first easement shall accommodate existing electric and cable TV services and is described in Exhibit "B" which is attached hereto and incorporated by reference herein. The beneficiary of this easement shall be Portland General Electric and Willamette Cable TV. Elimination of said easement shall required the approval of both companies. The second easement shall accommodate existing domestic water services and is described in Exhibit "C" which is attached hereto and incorporated by reference herein. The beneficiary of said easement shall be the Tigard Water District. Elimination of said easement shall require the approval of the Tigard Water District. The City shall not retain any interest in said easements . 2. The vacation shall riot be effective until the effective date of this Ordinance, and a certified copy of this Ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. Section 3: This Ordinance shall be effective on the 31st day after its enactment by the City Council and approved by the Mayor, subject to the terms and conditions included within the Ordinance. PASSED: By ­ vote of all Council members present after being read by number and title only, this _ day of 1988. Catherine Wheatley, Deputy City Recorder APPROVED: This w day of 1988. Thomas M. Brian, Mayor Approved as to f rm: <�Fu� City A(tt r ey �(!4 $ � Date 5914D/ht ORDINANCE NO. 88— Page 2 EXHIBIT "A" A parcel of land located in the southwest quarter of Section 34, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Beginning at the northwest corner of the J.L. Hicklin D.L.C. No. 54; thence South 89031'53" East, 25. 17 feet to the True Point of Beginning; thence South 00014'11" East, 33. 19 feet; thence southeasterly on a 20 foot radius curve concave to the northeast (the chord beards South 240 51'28" East 16.66 feet) 17. 19 feet; thence northeasterly on a nontangent 46.62 foot radius curve concave to the southeast (the chord bears North 60030'49" East, 46.56 feet), 48.75 feet; thence North 00028'07" East, 5.0 feet; thence South 89031 '53" East, 27.99 feet; thence northeasterly on a 380 foot radius curve concave to the southeast (the chord bears North 69001'32" East, 109.46 feet), 109.84 feet; thence northeasterly on a 20 foot radius curve concave to the northwest (the chord bears North 38039'25" East, 24.98 feet), 26.98 feet to the west right—of—way line of S.W. 114th Avenue; thence southwesterly on a 15 foot radius curve concave to the northwest (the chord bears South 45014'35" West, 21.30 feet), 23.68 feet; thence North 89031'53" West, 100.88 feet; thence South 00014111" East, 10.04 feet; thence North 89036'47" West, 29.55 feet; thence North 00028'07" East, 5.00 feet; thence southwesterly on a 96.62 foot radius curve concave to the southeast (the chord bears South 75004'01" West, 49.81 feet), 50.38 feet; thence South 00014' 11" East, 11.77 feet to the point of beginning; containing approximately 6,598 square feet. Basis of Bearings and reference survey: C.S. #22,444. ht/4924D R961STMO PROirfi$SIONAL LAND SURVEYOR ORROON ANUMVt JON T. ��4 o � � m e L O O �' ■ 1 ^ I— lD N v VL T r Q N .0 m N� W LIJ f.: )os L C LL a VOq N mco 1q, O 0, N N � I St'[IS r. .M.S 3��/ld N - ►. . " yl t�11 .v„ t�val Lo , 8 a• p Q �p9 Ol OL �z 21 CO ii'► ? MC\j1 m £['£9 fC[9 Cj O O O 0 0 M -6► ,s ob N d £l Ql t Ot Z►`Sft O Q 001 001 96 — 001 't _ Q p r CC)►k)� Nom�' Ci Ci V Q ^. � 8' $Q gQ . 4 O m $ 8 :.:71►aoo�+tr ;: d roto p N19 N N N N S6► :.N:::•:::::::• OG'919 N 21n/��../ /117!/►iu�.'•/% n/!f�!.�A7f7M.7/.�MSNY/..:.Mw►�Yvii67R/rgVii V r.l[,ao.00'ji UN fVlfl s OS OS'zll @L ti J� zIH9 SrrY'2CM ♦d �qt' n z0'S[ �1 0 J /Q O ♦ N n f. to Q. m m m lD +o O a ^ N R N a OS / M O N r\ d Q — u• — — ci —• n r A1, SO.00i 09'011 \ 001 001 oG'zII \ _ O ^ O O _� J; a 1llLO M N 1!A N f— _ ) q _ zi W• �` v ti �D /�.� ri� S q�T`y`f�r•�x �O � ~�� • � �n Q � O � CO � r `F CO b r N 01 c _ X01 _ e 001 00 I V \ c N zOO1`0 R 'N� N^ \ n n 8 '^ \ O � \ O _ W O 001 001 N = o 8V ` O ( 0a Oe ' '- N M •'niw — yob lD OD a n O N In �. ` 0 I OM a 1' O M n O ( n OVZI I =� *yo 606 N a e N0 0 V ...� Sf 001 001 001 O � sat ^ N M V) - O _� IC n N ^ Os'z 11 b I EXHIBIT "B" That tract of land situated in the south hal[ of Section 34^ Township 1 South' Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the northwest corner of the J. L. Hicklin D.L.C. No. 54; thence on the north line of said Hicklin D.L.C. S 800 31' 53" E 25 feet to a point; thence N 00 14' 11" W 1O feet to the true point of beginning; thence N 00 14` 11" W l0 feet; thence S 890 31' 53" E 17.44 feet to a 00.62 foot radius non-tangent curve concave to the south; thence easterly on said curve (the chord of which bears N 810 12` 20" E 31 .05 feet) 31 . 19 feet to a point; thence S 00 20` 07" W 5 feet; thence S 890 36' 47" E 20.55 feet; thence N 00 14` 11" E 10.04 feet; thence G 800 31' 52" E 100.88 feet to a point of curvature; thence northeasterly on a 15 foot radius curve concave to the northwest (the chord of which bears N 450 14` 36" E 21 .30 feet) 28 .08 feet to a cusp; thence S 00 28' 07" W 4.35 to a point of curvature; thenoe southwesterly on a 20 foot radius curve concave to the northwest (the chord of `^ which bears S 360 56' 24" 'W` 25.01 feet) 28. 18 feet to a point of reverse " curvature; thence southwesterly on a 380 foot radius curve concave to the southeast (the chord of which ' bears S 750 50' 08" W 19.54 feet) 19.54 feet to a point; thence N 800 31` 53" W 81.30 feet; thence S U» 14` 11" E 5.08 feet; thence N 800 31 ' 53" W 77.64 feet to the true point of beginning. cn/5941D u 1 I 0 4 v O Q o OO 'w N w V, W CC W. � a V O O •� QO N Z � NAV W W Lm o LL CC Y �• V♦ v N o Q �°' 2 LL! N \ 1 S1'fIS � � uI d R Q fZ'1f1 Ot �p9 O1 Q b Q CO A22� go W, N rz cr 1O M N O = O 0e�j M 6► ,S ob N d m IIq i £L OL OL Z►'St1 O Q h „ o ri o v n 001 001 S6 — 001 _ Q O o, • - - O 14) r M _co N ce ti n o Q O Q Q )O p O� OR �'R d ° rypb 18N 8N 8N 1 S6► It t9 OC'91 6 O N M�tf,00.00M �� ►VL►1 2.1,1.10,00S 11� 00 1 09 os"zll � Z1199slit $�M k\- •N zo'tt oc OC'zll - � — Mauo tD e•i IR O of lC\j �° OriU 0 — T - w M Mp0.60o006 1 = qt , 001 Qdd 001 fz f@ '.Z l\ \ O O � O W0 CO rte. W61 L \ cli d os•z l l 8 01 f — —9oi— Q 001 001 oc o o z0 o[LCL,o ., R v R vJ8nN n �• m Q n � � In n v N IOry an oG•211 ;. 09`` 07. u ^/o oto 001 001 .- �L - - - 00, - Q O / r Ia"- n e n 0 — O N n M O,80 o N N0 ti os"ill : ~ ! of 001001 d 001 Y O 0Let N M n Z O 1tn =� — N 06•:1. a .�I d I M ' EXHIBIT "C" That tract of land situated in the south half of Section 34, Township 1 South, Range 1 west, Willamette Meridian, City of Tigard' Washington County, Oregon, described an follows : Beginning at the northwest corner of the J. L. Hioklin D.L.C. No. 54; thence on the north line of said Hioklin D.L.C. S 800 31` 53" E 25 feet to a point; thence S 000 14` 11" W 8.80 feet to the true point of beginning; thence parallel to and 8.86 from said D.L.C. line, S 890 31' 53" E 90.70 feet to a 380 foot rad iux non-tangent curve concave to the southeast; thence southwesterly on said curve (the chord of which bears S 020 42' 50" W 21 .47 feet) 21 .47 feet to a point; thence N 800 31 ` 53" W 77.64 feet to a point; thence N O» 14` 11" W 10 feet to the true point of beginning. nn/5041D PROFESSIONAL LAND SURVEYOR JANUARY TS,199? JON T.FEIGION 0 LL! r N � Cl) N Vy T r ^ Q Q OO Lin N V L r (1.:��OS1 W 1,.: L Or1.� Y Q U N V OQ N v} W Nh I SI'£IS 1 r.3.7 1dN - ►. 6 -., 4�1711 ..v„ t�vat •M S 40 't .d a• - v Oc oc £z 1£1 Q Co y F 2.2� 1Y'Y p M1N T m C ££'£9 if'£9 ►f't9 O O O O°j M 6► ,S o0 N �a O k Cz of oz 21''4;►1 O Q m n n orf e n 001 001 96 — 001 Q O os • ♦ n 00 Nvo . )Li OCi V O — s� QQ ,�Q gti 0m - (D O ` Qv 1 rnN NN N�! S6► A Ot'91 s 1171f�fiui:•��+R!! i 17f►T'!...�n�wc7i.7g7/�M•i..-.N�MAviii.7�RrMiii • M.t£,CO.00H 6 ►NLYI r C JoY1,206006 OC@L OC'Ilt _ti �Q 2189 tl'M 2r� (� •r, 10'CL 001 oC • � N CL m �or� e M� O 8 R n,C\j111 r oc m M le U) N L w O — W r v� d M.00p 906009 •; — >- — n „S rf O _ S6 = CJ OG'OII n_ l _ Ot 211 £Z'f8 \ 00 1 001 f 8 Jt; KL� N mile" W ND /_� W O pp w r <J 1— o Ot' d 001 001 e• / 09 � N — \ \1 6 - 200E L a —�` I u e $ oc'211 s b r ►9�c � �^L' W � v O �n LL — _ _ _ l� 001 001 r = o Ol �. N M O \ g / n 1 0 n Q 1' O N w OS'11 1 = ' ^ M ko.906 N N O ►� p,;e Sf 001 001 001 O t` ^ se£ \`IA 0 — N w os'z 1 d d AFFLDAVIT OF POS TNG In the Matter of the Proposed S &J'? -j4kt-t (,v M STATE OF OREGON ) County of Washington) ss. City of Tigard ) I, p� J RPnaeS�mmons being first duly sworn, on oath depose and say: That I posted in the following public and conspicuous places, a copy of Notice of Public Hearing of the S.W. North Dakota Street Vacation a copy of said notice being hereto attached and be reference made a part hereof, on the 24thday of June , 19 88 . 1 . Notice #1 posted on a 4' survey lath driven into the ground at a point near the eastern edge of the right-of-way to be vacated, and just inside the sidewalk. 2. Notice #2 posted on a 4' survey lath driven into the ground at a point near the western edge of the right-of-way to be vacated, approximately 8-10, north of the stop sign in said right-of-way. (See attached map for approximate notice locations.) Subscribed and sworn to beforeme thit/ day of 19(7g Notary Public for Oregon // Affidavit of Posting My Commission Expires: / O/ - CITY OF TIGARD NOTICE SW NORTH DAKOTA STREET RIGHT--%, AAY VACATION The Tigard City Council will hold a public hearing on Monday, July 25, 1988 at 7:30 PM, at Tigard Civic Center Town Hall Roam, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of a street right—of—way at SW North Dakota Street, in the City of Tigard. The request was initiated by the City Council on June 13, 1988 at the request of the City of Tigard . Any interested person may appear and be heard for or against the proposed vacation of said lands . Any written objections or remonstrances shall be filed with the City Recorder by July 25, 1988, by 7: 30 PM. TT Publish June 23, 30 and July 7, 14 and 21, 1988 cs/5068D v �w IW \ (Ar :l O • tr a 4 Il:.so r N -- u 1 V 100 A 100 365 100 35 4 O N °Ota Of W r t 112.50 g N O r W O v N O I O Q �`� O o$ Ng : 8 100 100 a1 J7 �•: .'E 112.90 iD v \ LLA n U �ja1 A Nr0 /^ a..50 ^ 70.02 N ' o L: g v, 8 100 \ OO A ' -W- N \ low 19.50 w m r- Q e 8 8 N01RM NORTH � �— O 100 1 008323 _ 112.50 —1 \ 110.50 QQ 2 95 ` W u � x' -4 `_ Q1 yr .-� 300°05 bd'W g 40 -4 O oy O w j`1 N cn �( W/ N So • tD N ! M N v r 44.13 r so 100 73.02 4. cti 1 J.� salz �r tiiiiaiat 9 112.50 30 6000o2'14'E �.147w4 th AVE O 310.50 ' 6&34 6&33 6133_ 1 67.41 ti�,a ?i6{�'1° 495 - u 1 IV N !V N nl t0 ' �Ao• moo •::.: V V � �1 A 0 n� _ P+Joo ^1 lJ) � 0 �� �O $ .3 0 V �M J VI 0 r i • !M b OP _ 100 — 95 100 o u 1.0 100 n l)}?.• 145,42U. 70 70 73 p N 00 5' Mr Wb (' 0 O v 0 ( O O O a N 6334 63.33 6133 a a 5(s 94 It N { `W 11\l r r R A D D 1 r 1 J W 4 131.23 70 70 6S O `' t a S.W. TRACT "d' 114 th .co s'4 W".PL CE TI 5I S.1 S I \ v to � rn n0 N n N 0 m 50(.:-4 (300.61) \N 00 a0o C) m _� N A m o 00 -� rn .. >,o D 0 7505 cil0 50026 30 88 ,iU6/2r�� D��rA 79TH` Avg i C%aNSOLIDATED FIRE AND t ESCUE ® Washington County Fire District No. 1 City of Beaverton Fire Department Tualatin Fire District 8455 S.W. Elligsen Road • P.O. Box 127 • Tualatin,Oregon 97062 • (503) 682-2601 June 29, 1988 Randy Clarno City of Tigard P.O. Box 23397 Tigard, OR 97223 Dear Mr. Clarno, The Tualatin Fire District has reviewed the attached plans to vacate portions of streets within the City of Tigard. We have no objections to these closures and appreciate the opportunity to provide the input. Sincerely, Tom Thompson, Director Strategic Planning Division TT/nd Attachment d2 OOL ~ lq tHLt !1' Lxy;) 0CID r m Cl) N cc Q � - o V Q Q 10N e I N� LU - (19,00r.)m cc -_ ♦ • V N U N O Q CD W Nh sr£Is , OLIp OL £2'ISI b P � ( � ( ( r MN 1 I sri \�J �/ S. .J I 1\" 1 /\/`e t4 4�s e M o N O O O M 6♦ ,s o0 N d e a Sl OL OL 2tr'sw :� j:N " n e e vi 001 Op SBco Iq A ♦ r w Ci % 0D N Ptiti Q ON O O : R Q 8N QN O O. p11 10 N Ato r s6fjp :h. : ti I ' ........ ItY9 O os.,m C .,Y 3,►ls::.o. Boos oC 199 sl►► 0sL os &`cu w CL O • �-O t 1^, ♦ /---� Q " till O CDor. in 60� R e MO s►A4/o•oos OC'Ot1 e — 001 006 09'211 Q fznve 8 �r k1w" HIMIN .o q _ g 1.1J w d F �_' �•� lei t��ti�'X a 0 Z $ w Q to w 00 CD A W d _ 4 _ v "� --• or 61 \ N orsll - L,r gdF— / _ .94L__ « Q v 19 001 001 3 q v 20 N • 0[ 06'211 3.. ~;'�/ ��C IQ' W av 001 001 3 iw_ _1A Op'Z11 =i•'Q+ R O L�� _ o I 01 O N `/� ^ Z M wN0 O r 04 MmeNN O .. ` s£ 001 � 001 � 001 to£ N Os'itt d Q1 a 4AU Wtuamette C A B L E T V June 29, 1988 City of Tigard Attn: Randy S. Clarno 13125 SW Hall Blvd. Tigard, OR 97223 Subject: Vacations Gentleman; At this time, Willamette Cable TV has existing facilities located in the public right-of-way. We are presently attached to the existing power poles in the following Vacations: 1. A portion of SW North Dakota Street 2. A portion of SW 79th Ave. 3. Unnamed right-of-way near Greenburg & Hall The vacations not noted here do not at present have existing utilities. We would appreciate at least two weeks notice before any work is to be started on the above vacations. I have attached maps of our facilities of the indicated areas. If you have any further questions, feel free to call or write. Thanks. Sincerely, J Cra A. Eyestone Operations Engineer CAE/dij enclos. 14200 Southwest Brigadoon Court • Beaverton,Oregon 97005 • (503)644-3188 .WN d �. 'fa A J4",m 1 f 9 ; • a. may]( �y /. ... y y + N OD M1 rJ ` - _ it � �., '.{"t•t.: rte^^#e+!^"'� ii� �' ''{ � �'�1�1`V.,_�.� t' S •� �. r 3 WV to 10 co Kim �� . `9 U �w M � yaw ti,.sU. ,}, c�k Nr ra ' . +rd + Nit $ to9I .-. VZOD no Co 8C --- -- � til 1. I �. �� � !q, � ,ti�„ n ��� �.1� •r.. `fir t UJ Ity _3 a +.• .G tSi It it _. i _ ....o.., lot 14 ) ! i T -✓` N p. �"t' lya• G X ........_ _.._. moi, i� fa ,--Inter-Office ME .o rr'A..' General Telephone Company Date: June 27, 1988 of the Northwest, Inc. Subject: VACATION NOTICE - 5415D From: R.M. Olsen, Service Supervisor - Engineering, Tigard To: Randy S. CZarno, Development Service Mgr. , P.O. Box 23397, Tigard 97223 GTE Northwest Incorporated has facilities along 79th Avenue south of Bonita Road (Iten # 1 on your list of five vacation proposals). Please provide a private easement to protect our interests. Thank you, N.M. Olsen R.M.O:bt Attachment: 'I 609123(1185) NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209 (503)226-4211 June 23 , 1988 City of Tigard Attn: Randy S. Clarno P.O. Box 23397 Tigard, Oregon 97223 Re: Proposed Vacation of a portion of SW North Dakota Street , T1S, R1W, 34D Dear Mr. Clarno: Please be advised that Northwest Natural Gas Company has no facilities within the proposed vacation area. We would, therefore, have no objection to the City vacating the area. Please notify us when the vacation is complete so that we can update our records accordingly. Sincerely, q Diantha G. Beal Engineering Department CC: R. Polvi Vacation File Plat : 42-18 MEMORANDUM CITY OF TIGARD, OREGON TO: Keith L.i.den, Senior Planner //,, June 2.3, 1988 FROM: Randy Clarno, Development Services ManagCr�� ---. SUBJECT: Scheduling of Street and Easement Vacations before Planning Commission Per our recent discussion, I would like to schedule several street and easement vacations before Planning Commission in July and August. My proposed schedule is as follows: July 5, 1988 Planning Commission Meeting 1 . A portion of SW North Dakota Street 2. A portion of SW 79th AvenueoJ � 3 . A portion of SW Washington Street `��� August 2, 1988 Planning Commission Meeting 1 . Public Utility Easement - lot 6, Murdock bill 2. Franklin Commons public right-of-way Let me know when the deadlines are for submitting materials so I can prepare a short memo and map. We need to emphasize to the Commission that their review is to focus on land-use, not facilities. Thanks . ht/5551D NOTICE . SW NORTH DAKOTA STREET RIGHT-Oi.-AY VACATION The Tigard City Council will hold a public hearing on Monday, July 25, 1988 at 7:30 PM, at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of a street right-of•-way at SW North Dakota Street, in the City of Tigard. The request was initiated by the City Council on June 13, 1988 at the request of the City of Tigard. Any interested person may appear and be heard for or against the proposed vacation of said lands . Any written objections or remonstrances shall be filed with the City Recorder by July 25, 1988, by 7:30 PM. lT Publish June 23, 30 and July 7, 14 and 21, 1988 cs/5068D MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Clarno June 20, 1988 FROM: Cathy Wheatley SUBJECT: Rights-of-Way Vacation fat S.W. North Dakota Street, S.W. 79th Avenue, S.W. Washington Street Attached are notices of rights-of-way vacation for the above referenced streets. Would you please have your staff post the notices between the dates of June 23 and June 28, at or near the end of each of the areas to be vacated. (I've attached a vicinity map for each one as well.) Once posted, an affidavit of posting must be completed and returned to me. Thanks for your help. cw June 20' 1988 The City of Tigard is considering vacation of the areas shown on the attached maps . Pleaoe respond, in writing, with regard to any concerns you forusee should these propooed vacations be approved . Also, cite any you would recommend to protect your interests . Area to Be Vacated Problems to Be Addressed --------------------- 1 . A portion of SW 0urth Dakota Street. Due to time constraints, please return this letter and any concerns you have regarding thiu matter by Monday' July 8, 1988 Co me at the address below. Thank you for your help. Sincerely' Randy S, Clarno Development Services Manager ke/5475D Jim Ryan PGE Company 14055 SW Old Schollu Ferry Road Beaverton' OR 07005 Jack Milli Northwest Natural Cao Co. 210 NW Second Avenue Portland, OR 97209 Bob Olson General Telephone Cucmpany PO Box 23410 Tigard' OR 97223 Bob Santee Tigard Water District 8841 SW Commercial Street Tigard, OR 07223 Washington Co. Firm District No. 1 20605 SW Blanton Street Aloha' OR 97007 Chief of Police Tigard Police Department CITY OF T I GA RD June 20, 1988 OREGON Jim Ryan PGE Company 14655 SW Old Scholls Ferry Rd Beaverton, OR 97005 The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. Area to Be Vacated Problems to Be Addressed 1. A portion of SW 79th Avenue WEED__CAjsNxr,.Y- r-op2 L„,IE_ 2. A portion of SW Washington Street �p PRogI�N�S 3. Unnamed Right-of-Way near9.e�E Greenburg and Hall. �o M 4. A portion of SW North Dakota Street Area rz.ASErnEwrr"rZ OVE2KEA� Fb�� c�ry� 5. Utility easement - Lot 6, Murdock PIA ,,,,� •�" PS $r{pl�y� UN DER(rtOVN 9 �j�R Hill e2oSSiNr- (-or (- — psE S.,avcyo25, A+« evisCK'Nv Tv Due to time constraints, please return this letter and any concerns you have regarding this matter by Monday, July 8, 1988 to me at the address below. Thank you for your help. Sincerely, ?Rand�y�' S ' Clarno Development: Services Manager i ht/5475D 13125 SW Hail Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY OF MAW June 20, 1988 OREGON Bob Santee Tigard Water District 8841 SW Commercial Street Tigard, OR 97223 The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. Area to Be Vacated Problems to Be Addressed 1. A portion of SW 79th Avenue *Existing 8" Ductile Iron Pipeline 2. Utility easement - Lot 6, Murdock Hill None 3. A portion of SW North Dakota Street *Existing 6" Cast Iron Pipeline 4. A portion of SW Washington Street None CONDITIONS FOR APPROVAL: *Easements for these pipelines must be included in any proposed vacations. (See attached maps showing existing pipelines in red) ROBERT E. SAI n T EE Due to time constraints, please return this letter and any concerns you have regarding this matter by Monday, July 8, 1988 to me at the address below. Thank you for your help. Sincerely, Randy S. Clarno Development Services Manager ht/5475D 13125 SW Hail Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 o f loo IOU 365 A �, too ss ;� f 4 O N oc•Od O!w t 112.50 « ON O -4 W O M (�01 amp j� N \ 0qp �� Q bp"- to loo 100 — — — — 77 O8 O = f 376, J J It2.60 >6 O 7 • u u N' N § 30 70.02 V N Ilk) 100 loo 8 ; ^.0 g to ` 1 .. v FI 19.50 a.-- 12.30 O —1 — m NdRN NORM , � �— C_ O / o W _ j •' O 8 � g too 100 A 110.80 6323 T 95 112.30 — •� Q w O ` m -"{L — ` s soo•osbarw 3 p V O u. — O \� tv to i,, N 50 Iv Ut g O oy m y o . „ 1, Nig ! N \ -4 r v 30 too 75.02 �"� ` r � 44.15 6812 !r ti 1O u f00•o:'W _.__ .__._. 1 2.30 30 1 147A4 Aja __. 115. �t h -- .....�NiAWWV.' YMYrWM/.ltlyyy•YW(f/v 11j�60:y ��•3>•w N ""^"w AVE ...;.. O - _ 3 K.SO63.34 6&33 6133 p 495 1 111 N N� 1 na n na -4 � � QU n�0�18 Na8 0O 00 t1Q `o A O a ~� 100 — 95 top a Q .� ^ too • m n 6+ •;1 �,,'? 14 5,42 70 70 7 6334 63.33 63.33 a' : O1 N a W ea A v 51 :94 { "WJNrrADD1r1 �; v N a�W 4 d 4.66 tZ tt• i0 131.23 70 70 6 ' S.W. TRACT A 114 th -I syr w P ICE t, I \ 513.15 v N m 400 0 N _ N n cu 500 m(500.611) -� N I ch v 00 a0o C-) m - �N � m 0 0 � a -. 40a DID _ O (300 .1) L SH S C 11 v- ' 50020 CITY OF TIIFARD OREGON June 14, 1988 RE: SW North Dakota Street Vacation Hearing Dear Property Owner: The Tigard City Council will hold a public hearing on Monday, July 25, 1988, at 7:30 p.m. at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of the above mentioned street right-of-way (see enclosed location map) . Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objection or remonstrance shall be filed with the City Recorder by July 25, 1988, by 7:30 p.m. at Tigard City Hall at the address listed above. The vacation requested was initiated on June 13, 1988, by the Tigard City Council. A legal description of the parcel to be considered for vacation is also attached for your information. If you need further information, please contact my office. Sincerely, 1 Loreen R. Wilson Citv Recorder ht/5041D Enclosures cc: Planning Division Engineering Division 13125 SW Hall Blvd.,P.O. Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY OF TIGARD, OREGON RESOLUTION NO. 88`� A RESOLUTION CONCERNING VACATION OF A PORTION OF' ]'HE SW NORTH DAKOTA STREET PUBLIC RIGHT—OFMAY LOCATED IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the City recently completed a capital improvement known as the SW 115th/SW North Dakota Street intersection realignment: project; and WHEREAS, it appears that a portion of the SW North Dakota Street right—of--way is no longer needed for public purposes as a result of said realignment project; and WHEREAS, all abutting property owners have demonstrated support for the vacation; and WHEREAS, the Department of Community Development now recommends that Council initiate proceedings to vacate said right—of—way; and WHEREAS, the Tigard City Council finds it desirable to initiate vacation proceedings for public right—of--way. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) The Tigard City council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings and that the City will be responsible for all fees and charges as set out in TMC Chapter 15.08 . (2.) A public hearing is hereby called to be held by the City Council on monday, july 25, 1988, at 7:30 PM at the Tigard Civic Center Town Hall Roam, 1312.5 SW Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for, or, against: the proposed vacating of said lands . (3) The City Recorder be, and she is hereby, authorized and directed to cause to have published in the Tigard limes, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be June 2.3, 1988, and once each week thereafter for five publishing in all . The Recorder, be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at: or near each end of the area proposed to be vacated. RESOLUTION N0. BB-251 Page 1 (4) The particular portion of dedicated public street right-of-way proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part hereof. PASSED: This 4-h day of 1988 mater, City of Tigard CCU nu ATTEST: eputy City Recorder, City of gard APPROVED AS TO FORM: City Recorder Date ke/4667D RESOLUTION NO. 88-51 Page 2 �— NOTICE OF SW NORTH DAKOTA STREET RIGHT--Ot .jAY VACATION The Tigard City Council will hold a public hearing on Monday, July 25, 1988 at 7:30 PM, at Tigard Civic Center Town Hall Roam, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of a street right—of—way at SW North Dakota Street, in the City of Tigard. The request was initiated by the City Council on June 13, 1988 at the request of the City of Tigard . Any interested person may appear and be heard for or against the proposed vacation of said lands . Any written objections or remonstrances shall be filed with the City Recorder by July 25, 1988, by 7:30 PM. TT Publish June 23, 30 and July 7, 14 and 21, 1988 cs/5068D EXHIBIT "A" A parcel of land located in the southwest quarter of Section 34, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Beginning at the northwest corner of the J.L. Hicklin D.L.C. No. 54; thence South 89031'53" East, 25. 17 feet to the True Point of Beginning; thence South 00014' 11" East, 33. 19 feet; thence southeasterly on a 20 foot radius curve concave to the northeast (the chord beards South 240 51'28" East 16.66 feet) 17. 19 feet; thence northeasterly on a nontangent 46.62 foot radius curve concave to the southeast (the chord bears North 60030'49" East, 46.56 feet), 48.75 feet; thence North 00028'07" East, 5.0 feet; thence South 89031'53" East, 27.99 feet; thence northeasterly on a 380 foot radius curve concave to the southeast (the chord bears North 69001'32" East, 109.46 feet), 109.84 feet; thence northeasterly on a 20 foot radius curve concave to the northwest (the chord bears North 3803925" East, 24.98 feet), 26.98 feet to the west right—of—way line of S.W. 114th Avenue; thence southwesterly on a 15 foot radius curve concave to the northwest (the chord bears South 45014'35" West, 21.30 feet), 23.68 feet; thence North 89031'53" West, 100.88 feet; thence South 00014111" East, 10.04 feet; thence North 89036'47" West, 29.55 feet; thence North 00028'07" East, 5.00 feet; thence southwesterly on a 96.62 foot radius curve concave to the southeast (the chord bears South 75004'01" West, 49.81 feet), 50.38 feet; thence South 00014' 11" East, 11.77 feet to the point of beginning; containing approximately 6,598 square feet. Basis of Bearings and reference survey: C.S. #22,444. ht/4924D R6iG SUMD pRoFesSIONA LAND SURYEY4R 1, L RLF ONNf 1W {E�{QN CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 13, 1988 DATE SUBMITTED: May 31, 1988 ISSUE/AGENDA TITLE: Street vacation PREVIOUS ACTION: None request - a portion of SW North Dakota Street nn- . PREPARED BY: Development Services Mqr.' DEPT' HEAD OK CITY ADMIN OKIM_ REQUESIfJ) BY: CommunitV Development n�*,�- ,t Council initiated street vacation request - consistent with Council policy as adopted by Resolution No. 87-80 INFORMATION SUMMARY This past year the City completed a realignment of SW North Dakota Street at SW 115th Avenue as part of the capital improvement program. As a result of this realignment, it appears that a portion of the original right-of-way is no lunger needed for public purposes . Vacation of this public right-of-way would return the ownership to adjoining properties . ALTERNATIVES CONSIDERED 1 . Approve the attached resolution calling for a public hearing on July 25, 1088. 2. Take no action at this time. FISCAL IMPACT` - 1 . All fees and staff time to be paid by the City . SUGGESTED ACTION Staff recommends alternative #1 . ht/5077D C � II I 1■ ��� TOWNCENTER /. •. ' • WE �sw111 X11♦ ♦�a �: ► � j r .� ������ii�� �•. i 1 , - 1 ■■■■■�■ ,,. _ ' Ci � - � �� IIP ITE ISI — ••■ V.a Eamon III ® �01: mmm Qq Imo,®!■■■■■ ������ :�� NOW IN OODWARD IN IM20111►ap■msan MEN a��� ti ���� ■► Islas M a Nis IBM No :�� •' ``u:`'-1 _ :11111■�© �•/� / .. eel© •;- � ESI L ■ ■111111■ ' �■ 1 . � �� . �.■■■.,►I■�i CITY OF TINA RD OREGON June 14, 1988 RE: SW North Dakota Street Vacation Hearing Dear Property Owner: The Tigard City Council will hold a public hearing on Monday, July 25, 1988, at 7:30 p.m. at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of the above mentioned street right-of-way (see enclosed location map). Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objection or remonstrance shall be filed with the City Recorder by July 25, 19889 by 7:30 p.m. at Tigard City Hall at the address listed above. The vacation requested was initiated on June 13, 1988, by the Tigard City Council. A legal description of the parcel to be considered for vacation is also attached for your information. If you need further information, please contact my office. Sincerely, Loreen R. Wilson City Recorder ht/5041D Enclosures cc: Planning Division Engineering Division 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 r CI`fY OF TIGARD, OREGON RESOLUTION NO. 88-,,_5j A RESOLUTION CONCERNING VACATION OF A PORTION OF -EHE: SW NORTH DAKOTA STREET PUBLIC RIGHT--OF--WAY LOCATED IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the City recently completed a capital improvement known as the SW 115th/SW North Dakota Street intersection realignment project; and WHEREAS, it appears that a portion of the SW North Dakota Street right—of--way is no longer needed for public purposes as a result of said realignment project; and WHEREAS, all abutting property owners have demonstrated support for the vacation; and WHEREAS, the Department of Community Development now recommends that Council initiate proceedings to vacate said right--of—way; and WHEREAS, the Tigard City Council finds it desirable to initiate vacation proceedings for public right—of--way. NOW, THEREFORE, BE IT RESOLVES) by the Tigard City Council that: (1) The Tigard City council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings and that the City will be responsible for all fees and charges as set out in TMC Chapter 15.08. (2) A public: hearing is hereby called to be held by the City Council on monday, july 25, 1988, at 7:30 PM at the Tigard Civic Center Town Hall Room, 1312.5 SW Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands . (3) The City Recorder- be, and she is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first: publication to be June 23, 1988, and ,once each weak thereafter for five publishing in all. The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the farm attached, at: or near each end of the area proposed to be vacated . RE::SOL..U-SION NO. 88-5/ Page 1 _...----_... (4) The particular portion of dedicated public street right-of-way proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part hereof. PASSED: This J � day of 1988 Map, City of Tigard ATTEST: eputy City Recorder, City of Ggard APPROVED AS TO FORM: XL cityorder Date ke/4667D RESOLUTION NO. 88-- Page 2 NOTICE ` SW NORTH DAKOTA STREET RIGHT—Or ,jAY VACATION The Tigard City Council will hold a public hearing on Monday, July 25, 1988 at 7:30 PM, at Tigard Civic Center Town Hall Room, 13125 SW Hal]. Boulevard, Tigard, Oregon to consider the proposed vacation of a street right--of•-way at SW North Dakota Street, in the City of Tigard. The request was initiated by the City Council on June 13, 1988 at the request of the City of Tigard . Any interested person may appear and be heard for or• against the proposed vacation of said lands . Any written objections or remonstrances shall be filed with the City Recorder• by July 25, 1988, by 7:30 PM. 1T Publish June- 23, 30 and July 7, 14 and 21, 1988 cs/5068D EXHIBIT "A" A parcel of land located in the southwest quarter of Section 34, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Beginning at the northwest corner of the J.L. Hicklin .D.L.C. No. 54; thence South 89031'53"East, 25. 17 feet to the True Point of Beginning; thence South 00014'11" East, 33.19 feet; thence southeasterly on a 20 foot radius curve concave to the northeast (the chord beards South 240 51'28" East 16.66 feet) 17. 19 feet; thence northeasterly on a nontangent 46.62 foot radius curve concave to the southeast (the chord bears North 60030'49" East, 46.56 feet), 48.75 feet; thence North 00028'07" East, 5.0 feet; thence South 89031'53" East, 27.99 feet; thence northeasterly on a 380 foot radius curve concave to the southeast (the chord bears North 69001 '32" East, 109.46 feet), 109.84 feet; thence northeasterly on a 20 foot radius curve concave to the northwest (the chord bears North 38039'25" East, 24.98 feet), 26.98 feet to the west right—of—way line of S.W. 114th Avenue; thence southwesterly on a 15 foot radius curve concave to the northwest (the chord bears South 45014'35" West, 21.30 feet), 23.68 feet; thence North 89031'53" West, 100.88 feet; thence South 00014111" East, 10.04 feet; thence North 89036'47" West, 29.55 feet; thence North 00028'07" East, 5.00 feet; thence southwesterly on a 96.62 foot radius curve concave to the southeast (the chord bears South 75004'01" West, 49.81 feet), 50.38 feet; thence South 00014' 11" East, 11.77 feet to the point of beginning; containing approximately 6,598 square feet. 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DALE & CAROL FIEBER .0. BOX 11675 S.W. NORTH DAKOTA 7775 S.W. BONITA RD. WILSONVILLE, OR 97070 TIGARD, OR 97223 TIGARD, OR 97224 TL 500 & 600 TL 3900 TL 300 PAULINE WEAVER SYNNOVE LOVER HELEN J FEHRENBACHER 7865 S.W. BONITA RD. 1556 SE 7TH ST 11685 S.W. NORTH DAKOTA TIGARD, OR 97224 WEST LINN, OR 97068 PORTLAND, OR 97223 TL 520 TL 5600 1S1 34CA TL 102 THOMAS & JOCELYN TUTHILL THE ROBERT RANDALL CO. DAVID & SANDRA OVERSTREET 5845 S.W. THOMAS CT. 9500 S.W. BARBUR BLVD. #300 11665 S.W. NORTH DAKOTA PORTLAND, OR 97221 PORTLAND, OR 97219 TIGARD, OR 97223 TL 521 TL 90011-90201 TL 104 LLOYD WAYNE ALLISON PACIFIC WESTERN REALTY & DEV. CO. KEVIN & PATRICIA O'BRIEN 11600 S.W. MANZANITA ST. 3279 KIFER RD. 21559 S.W. 49TH TIGARD, OR 97223 SANTA CLARA, CA 95051 TUALATIN, OR 97062 2S1 12BD TL 1000 & 1100TL 522 TL 105 DISRAELI & VI R CASSERA ROBERT & RUTH GILLMOR ROBERT & SUSAN SCHERNER 11580 S.W. MANZANITA ST. 14630 S.W. 79TH AVE. 4021 S.W. ALFRED TIGARD, OR 97223 TIGARD, OR 97223 PORTLAND, OR 97219 e114 TL 523 TL 1200 TL 106 HAROLD & CAROL JOHNSTON BETTY WEAVER KING HUNG CHOI 11540 S.W. MANZANITA 14670 S.W. 79TH AVE. WUN SEA & MAY HO WONG TIGARD, OR 97223 TIGARD, OR 97224 11520 S.W. TIMOTHY PL I TIGARD, OR 97223 1 ` TL 524 TL 1300 TL 107 LYNN & JANE DOTY 3675 S.E. GADSTO WILLIAM & WENDY HAWLEY CLIFFORD & LADSTO NE KNE 11500 S.W. MANZANITA ST. SIGNIE14790 S.W. 79TH AVE. TIGARD, OR 97223 TIGARD, OR 97223 PORTLAND, OR 97202 TL 108 & 109 TL 3900 TL 2700 DAPHINE D & JN KUHN DONALD & EVELYN KING SAELDON SCOLAR C/O SHIRLEY MARIE SEARS 11710 S.W. NORTH DAKOTA 14725 S.W. 79TH AVE. 11560 S.W. TIMOTHY PL TIGARD, OR 97223 TIGARD, OR 97223 TIGARD, OR 97223 TL 4000 TL 2800 TL 110 JOHN & GINA KOR KARL & ROSA KUENTZLE MICHAEL RIES 11680 S.W. NORTH DAKOTA 15630 S.W. 79TH NANCY MORGAN-HART McMAHON TIGARD, OR 97223 TIGARD, OR 97223 11555 S.W. TIMOTHY LANE TIGARD, OR 97223 TL 4100 TL 3000 TL 111 ANGELIKA FINKS BARRON CONSTRUCTION, INC. DAVID & LAURIA GAUDETTE P.O. BOX 23562 P.O. BOX 388 11190 S.W. EDEN CT. TIGARD, OR 97223 WILSONVILLE, OR 97070 TIGARD, OR 97223 TL 4200 TL 3100 TL 112 JAMES MATTIMORE BARRON CONSTRUCTION, INC. CLIFFORD & SIGNIE KNUDSON 11620 S.W. NORTH DAKOTA P.O. BOX 388 3675 SE GLADSTONE TIGARD, OR 97223 WILSONVILLE, OR 97070 PORTLAND, OR 97202 l.Dl J41.,-1 'III 4JVV M H & THEA LEUTWYLER UNITED FIRST FEDERAL SAVINGS JOHN & MARIA KAIN 11150 S.W. 115TH & LOAN TIGARD, OR 97223 11590 S.W. NORTH DAKOTA ST. P.O. BOX 2268, 900 S.W. JEFFER:TIGARD, OR 97223 BOISE, ID 83710 TL 4400 TL 1600 TL 1100 ZAVEN & PATRICIA HAGOPIAN CARL & SHERRILL ANDERSEN REV JAMES D WIEK 11575 S.W. BURLCREST DR. 11180 S.W. 115TH ST. C/O RICHARD ACKERMAN & J WATHE` j TIGARD, OR 97223 TIGARD, OR 97223 16075 S.W. UPPER BOONES FERRY TIGARD, OR 97224 TL 1300 1 TL 4500 TL 1700 DURHAM ENTERPRISES SHARON B ROGER & GEORGIANN SWAREN ALLEN LEONARD P.O. BOX 23415 11605 S.W. BURLCREST DR. SHARON BRAZIL TIGARD, OR 97223 TIGARD, OR 97223 11200 S.W. 115TH AVE. TIGARD, OR 97223 TL 4600 TL 1800 2S1 12DD TL 300 TIMOTHY & ELVA HARNETT LAWRENCE KALSCH F.H. TOWER ESTATE C/O TIME OIF 11615 S.W. BURLCREST DR. 25265 S.W. WITCHHAZEL RD. P.O. BOX 24447, TERMINAL ANNE: TIGARD, OR 97223 HILLSBORO, OR 97123 SEATTLE, WA 98124 TL 400 & 500 TL 4700 TL 1801 L & R SUBO`i'NICK JAMES & JAKILINE SILVIS CITY OF TIGARD ESTATE OF SIEGEL 11625 S.W. BURLCREST DR. P.O. BOX 23397 15960 S.W. 72ND TIGARD, OR 97223 TIGARD, OR' 97223 TIGARD, OR 97223 TL 701 TL 4800 TL 1900 PACIFIC REALTY ASSOC. BETH SMALLEY DON MORISSETTE 1220 S.W. MORRISON, SUITE 905 11655 S.W. BURLCREST DR. (� P.O. BOX 19524 •V PORTLAND, OR 97205 TIGARD, OR 97223 �, PORTLAND, OR 97219 2S1 13AA TL 100,300,400, 500 1S1 34DB TL 400 r TL 2300 PACIFIC REALTY ASSOC. WALLACE & VIOLET ELLSON EDWARD & DORIS FERREL 1220 S.W. MORRSON, SUITE 905 11225 S.W. NORTH DAKOTA 11400 S.W. NORTH DAKOTA PORTLAND, OR 97205 TIGARD, OR 97223 TIGARD, OR 97223 TL 500 TL 2400 & 2500 2S1 13AB, TL 100 & 101 ROANLD & PEARL KOENIG SAM & EMMA SCOTT PACIFIC REALTY ASSOC. 11329 S.W. NORTH DAKOTA 11370 S.W. NORTH DAKOTA 1220 S.W. MORRISON, SUITE 905 TIGARD, OR 97223 TIGARD, OR 97223 PORTLAND, OR 97205 TL 600 TL 2600 TL 200 HELEN FEHRENBACHER MARVIN & JOANN WINTERS WATT PETROLEUM WELDING 11685 S.W. NORTH DAKOTA ST. C/O MICHAEL & SARAH MATHIS SUPPLY INC. TIGARD, OR 97223 11280 S.W. NORTH DAKOTA P.O. BOX 272 97132 TIGARD, OR 97223 NEWBERG, TL 700 TL 27^C TL 300 LORITA COLLEEN WINTERS JOHN W S PLATT 114TH PL. C/O RICH ACKEE2MAN & J. WATHE` 11175 11175 ,S.W.W. 97223 16075 S.W. UPPER BOONES FERR` TIGARD, OR 97223 2S1 12DC TL 700 TL 800 GEORGE KILLIAN 1 WILLIAM & KRISTA MELODY McGUIRE 5550 S.W. MACADAM, SUITE 320 11145 S.W. 114TH PL PORTLAND, OR 97201 \4 TIGARD, OR 97223 °dQ'#7" 9i.bZ 41.22. 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