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2004-084800 ~ 72nd Avenue ~ Bridgeport Road Washington County,Oregon 2004-084800 07/23/2004 02:33:36 PM D-VAC Crit=1 Stn■8 RECORDS1 $45.00$6.00$11.00$70.00-Total=$132.00 00624226200400848000090098 I,Jerry Hanson,Directorof Assessment and Taxation and Ex-Officlo County Clerk for Washington County, r Oregon,do hereby certify that the within Instrument of7 i writing was received and recorded In the book o! records of said county. Jerry R.Hanson,Director W sees amant and Taxation, j u Ex-Offlelo County Cleric After Recording, Return to: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Name of Transaction: VACATION Ordinance No. 04-07: An Ordinance concerning the Vacation of an approximately 4,387 square foot portion of public right-of-way better known as SW 72nd Avenue which lies to the southwest of the Borders/Bed Bath and Beyond Commercial Center, in the City of Tigard, Washington County, Oregon (VAC 2004-00001) and declaring an emergency. Illiilil illlilllllllllll l lli �► 2004-84800 CITY OF TIGARD, OREGON ORDINANCE NO. 04-07 AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 4,387 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 72nd AVENUE WHICH LIES TO THE SOUTHWEST OF THE BORDERS/BED BATH AND BEYOND COMMERCIAL CENTER, IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON(VAC2004-00001),AND DECLARING AN EMERGENCY. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on May 11`", 2004, and has been recommended by the Community Development Department; and WHEREAS, the approximate 4,387 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 4,387 square foot portion of public right-of-way as described in Exhibits "A-1, A-2, A-3" and shown in Exhibits "B-1,B-2, B-3" better known as SW 72nd Avenue; and WHEREAS, the said portion of public right-of-way is no longer necessary because of the realignment of SW 72nd Avenue in conjuntion with the new Bridgeport Village commercial center; 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 the existing 50-foot-wide utility easement is extended to cover utility lines within the vacated area; 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 July 13, 2004, 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 vacation of said public right-of-way is imperative to the success of the redevelopment of the Durham Quarry site for the mixed-use"Bridgeport Village"project. ORDINANCE NO.04--7 Page 1 of 2 is\curpin\mathew\VAC\VAC2004-OOOOl.ord(public hearing) nurnn.TAM-PT.Tn na-A7 Pana7nf7 lillllll llllllllllllllll l 111 2004-84800 EXHIBIT A-1 330 QLDC 0 NW 211 'Terrace Hillsboro, OR 97124 P 503.858.4242 DESIGN GROUP,INC. F 503.645.5500www.ldcdesign.com "AREA NO. 6" March 1 S, 2004 Legal Description A portion of the Northeast % of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East '/ Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the North line of the Southeast % of said Section 13, N88°50'31"W, 1300.21 feet to the True Point of Beginning; thence continuing along said line, N88°50'31"W, 47.81; thence leaving said line, along a line parallel with and 20.00 feet distant and Westerly from the Centerline of S.W. 72nd Avenue, N01 039'53"E, 27.25 feet; thence leaving said line, along the are of a 35.00 foot radius non-tangent curve concave to the Southwest, through a Central angle of 41046'45" (Chord bears S71°21'03"E, 24.96 feet) a distance of 25.52 feet to a point of tangency; thence S50°27'42"E, 25.83 feet to a point of curvature; thence along the arc of a 18.00 foot radius curve concave to the Southwest, through a Central angle of 16'18'44" (Chord bears S42°18'26"E, 5.11 feet) a distance of 5.12 feet to the North line of the Southeast%of said Section 13 and the True Point of Beginning. Containing 846 Square Feet(0.019 Acres). The Basis of Bearings is S88°50'31"E along the North line of the Southeast % of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. 1REGISTERED PROFESSIONAL j--,ANDS VEYOR REGON JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 2004-84800 EXHIBIT A-2 C(- 3300 NW 211th Terrace Hillsboro,OR 97124 P 503.858.4242 DESIGN GROUP,INC F 503.645.5500 www.ldcdesign.com "AREA NO. 9" March 15, 2004 Legal Description A portion of the Northeast % of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the South line of the Northeast Y of said Section 13, N88.50'31"W, 1282.84 feet; thence leaving said line, N01 009'29"E, 20.00 feet to the Southwest Comer of that Tract of Land described in deed to Bridgeport Land LLC, recorded in Document Number 97061240, Washington County Deed Records; thence along the West line of said Tract of Land, N01°39'53"E, 35.80 feet to the True Point of Beginning; thence leaving said line, N50°27'42"W, 26.77 feet to a point of curvature; thence along the arc of a 35.00 foot radius curve concave to the East, through a Central angle of 75014'47" (Chord bears N1205018"W,42.73 feet) a distance of 45.97 feet to a point of reverse curvature; thence along the are of 471.00 foot radius curve concave to the Northwest, through a Central angle of 13057'54" (Chord bears N17048'09"E, 114.52 feet) a distance of 114.80 feet to the West line of said Bridgeport Land LLC Tract of Land; thence along said line, S01°3953"W, 167.81 feet to the True Point of Beginning. Containing 2,965 Square Feet(0.068 Acres). The Basis of Bearings is S88°50'31"E along the South line of the Northeast '/ of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. [ REGISTERED PROFESSIONAL L/ANDS VEYOR REG N JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 twtR144111W 2004 EXHIBIT A-3 LD DC 3300 NW 211"'Terrace Hillsboro, OR 97124 P 503.858.4242 DESIGN GROUP,INC F 503.645.5500 www_ldcdesign.com "AREA NO. 25" February 15, 2004 Legal Description A portion of the Northeast Y. of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East Y4 Comer of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the North line of the Southeast '/ of said Section 13, N88.50'31"W, 1348.02 feet to the True Point of Beginning; thence continuing along said line, N88050'31"W, 25.00; thence leaving said line, along a line parallel with and 45.00 feet distant and Westerly from the Centerline of S.W. 72nd Avenue, N01'39'53"E, 14.35 feet to a point of non-tangent curvature; thence leaving said line, along the arc of a 35.00 foot radius curve concave to the Southeast, through a Central angle of 47°34'30" (Chord bears N63058'19"E, 28.23 feet) a distance of 29.06 feet to a point of non-tangency; thence along a line parallel with and 20.00 feet distant and Westerly from said Centerline, S01 039'53"W, 27.25 feet to the True Point of Beginning. Containing 576 Square Feet(0.013 Acres). The Basis of Bearings is S88'50'31"E along the North line of the Southeast % of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. RELSSWSRVEYOLR PROF AND OREGON JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 YIClNlTY MAP `—' EXHIBIT B-1 NOT TO SCALE) ---- 60 LU SW o Z INSTA;��N 5 O SW LOWER " 0 BOONES 1 =100 �py-9`� FERRY RD COUNGIL N tooa9�� VIEW A � 13 12 J � 31 32 I 33 , 1 FOUND 74" IRON PIPE ND ' BRASS RECOGNIZED CENTER FOUND DISK IN ON BOX OF SECTION 13 BASIS OF BEARINGS - SN 2948 EAST 1 CORNER ORNER S88' 0'31"E 2 56. 8' OF SEC ON 13 / C, 1 2 N88'50',31"W 1300.21' �P.O.B JEAN ROAD 8 2 AREA / 846 SF TUALATIN I (0.019 AC) VALLEY HOMES ! I / 83 1 oPp E TABLE REGISTERED p�\p UNE LEND ' BEARING„W PROFESSIONAL Ll 4781' N L2 27.25' N0139'53 E NDS R VE YOR L3 25.83' S50'2742"E + CURVE LABL 7OR E GO1. �JULY o / NO LENGTH RADIUS DELTA CHORD BEARING CINDY A. HALCUMB Cl 25.52' 35.00' 414645" 24.96' S71-21'037E 58928 LS C2 5.12' 18.00' 1678'44' 5.11' S42'18'26'E EXPIRATION 06/30/05 OPUS NORTHWEST Planners F2751 LDC v,��s AREA NO. 6]RABE�IORIHEAST-JjA�F' ECJM -JPORTLAND. OREGON 97205 Din �a T. 2S., R. 1W., W.M.(503) 916-8963 t2a��ISMMOWASHINGTON COUNTY, OREGON I F Sdedaai�, VMS#AM 3A51" cm �1 Illll11(IIII('III�iIII�I I III 2004-84800 EXHIBIT B-2 V1CIN17Y MAP '— 0 O SCALE) a� z �is� -Sl � swNDL� ST 011V^ 5 i"=100' s. 3gW LOWER 130ONES Lo - mo° FERRY RD 9a Q R/W RELINQUISHED IRON COUNCIL Z PER 840�659C. 0 VIEW ACRES P 3 31 32 33 � 3�- 12 11 �C ORT OD gRIDGEP LAND LLC PIPE RECOGNIZED CENTER PIPE :� I g-0612`10 FOUND 2" BRASS OF SECTION 13 C O DISK IN MON BOX (o AREA EAST 1/4 CORNER 507 42 W 2,965 SF OF SECnON 13 26,77' (0.068 AC) N013953"E, 35.80' P.O.B. 1 JEAN ROAD) NOf'>79'29 E 20.00' \ N88"50'31"W 1282.84' ' BASIS OF BEARINGS - 29487 / + S8850'31`E 2656.38' 1 � / QO / REGISTERED PROFESSIONAL [ LAND 5YRVEYOR I GHQ OREGON -`, � � CURVE TABLE JULY 11, 2000 NO LENGTH RADIUS DELTA CHORD BEARING CINDY 8 8 LCUMB 58928 LS Cl 45.97' 35.00' 7574 47" 42.73' N12 5018"W 10 C2 114.80' 471.00' 135754" 114.52' N1748'090E EXPIRATION 06/30/05 to a■ec OPUS NORTHWEST rQLZDCC7) E aN AREA NO. 9 2751--4000-SW-8R0ADWA�r�UaE413o ,HE-IMRIFAST 1/ SECTION 13 PORTUINQ GREG N 97205(503) 916-8963 oo a.9L tum WwAm T 2S., R. i W., W.M. WSOM.OROM 97124 WASHINGTON COUNTY, OREGON 1 _ PHONE(50*658-4242 IL IIIII'II FAX(503)643-5500 1111111111 ty�p� 3/19/ID4 CAH 1 !II'IIIIIIII�I oom I VICINITY MAP ' EXHIBIT B-3 NOT TO SCALE '06 I I I W ) o IT ; ::uo W FTNDLAY� Z j j ST�Q& ^ Q G :SW LOWER i"=100, 3 W gR�pP� Lo BOONESj j ' �0 5� y�\i1� FERRY RD CQUNCRES N m o� �F VIEW A 31 1 32 33 13 I 12 FOUND -14" IRON PIPE , FOUND 2" BRASS RECOGNIZED CENTER DISK IN IKON BOX OF SECTION 13 BASIS OF BEARINGS - SN 2948/ S88 50'31 E EAST 71 CORNER � 2656.38" OF SECTION 13 i 1 N88 50'31"W 1348.02' JEAN ROAD 82 O.B. / AREA TUALATIN 576 SF / VALLEY (0.013 AC) / / HOMES 83 I / 1 J / / -- LINE TABLE REGISTERED G � LINE LENGTH BEARING\ e10 L1 25.00' N88503PROFESSIONAL 1'W AND RONAL/�. L2 14.35' N0139'53"E L3 27.25' S0139'53'W O EGON / CURVE TABLE JULY 11, 2000 NO LENGTH RADIUS DELTA CHORD BEARING CINDY A. HALCUMB. 58928 LS Cl 29.06' 35.00' 4734'30" 28.23 N6358'19'E EXPIRATION 06/30/05 OPUS NORTHWEST FP3"3�1&W. 6 g yrs AREA NO. 25 2751 1000 SW BROADWAY, SUITE 1130 Survevors IN THE NORTHEAST 1/4 OF SECTION 13 PORTLAND, OREGON 97205 c (503) 916-8963 1M IMAM T. 2S., R. 1 W., W.M.. OFMCON 97121WASHINGTON COUNTY, OREGON PNa+e(so_�)a58-4242 1 FIUC(503)615-55pp MSM 2.AS/04 C �1 r.+i.idcdaainn_eort illlllll llllllilllllllil l 111 2004-84800 Mayor Dirksen noted in addition to previous members Beverly Froude and Joe Scbweltz recognized earlier, new members present were Basil Christopher and Gretchen Buehner. Mayor Dirksen presented city pins to the new Task Force members. NOTE: Item No. 8 was considered before Item No. 7. 8. CONSIDER A RESOLUTION COMMENDING THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE FOR A JOB WELL DONE 9. RECEIVE INFORMATION ON SECOND ANNUAL NATIONAL NIGHT OUT Police Public Information Officer Jim Wolf presented a PowerPoint Presentation. The PowerPoint is on file in the City Recorders Office. Mr. Wolf noted the National Night Out is field the first Tuesday of August each year and that neighborhood groups are encouraged to pre-register to ensure someone from the Police Department or the Tualatin Valley Fire 8z Rescue can be available to attend every neighborhood event. An application can be downloaded from the City of Tigard website on the Police Department's homepage. 0. PUBLIC HEARING (QUASI-JUDICIAL) — PUBLIC RIGHT-OF-WAY STREET VACATION FOR SW 72ND AVENUE (VAC 2004-00001) The Tigard City Council considered the proposed vacation involving an approximately 4,387 square foot portion of SW 72nd Avenue, near the Intersection of SW 72nd Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Borders/Bed Bath and Beyond commercial center. The reason for the vacation request Is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest has been approved for Site Development Review for a new access into the Borders/Bed Bath and Beyond commercial center (SDR2003-000I 7) in conjunction with the relocation of the Bridgeport Village restaurant. The approval has been conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigards jurisdiction. With the successful vacation of the requested right- of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. COUNCIL AGENDA— JULY 13, 2004 page 13 The request was filed with the City on March 17, 2004 and initiated by the City Council at the request of the applicant on May 11, 2004. City Attorney Firestone read the opening statement regarding the conduct of the public hearing. a. Open Public Hearing Mayor Dirl(sen opened the public hearing. b. Declarations or Challenges City Attorney Firestone read the following questions: Do any members of Council wish to report any ex parte Contact or information gained outside the hearing, including any site visits? Councilor Moore stated he drove this route every day. Have all members familiarized themselves with the application? All members Indicated they were familiar 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? There were no challenges. C. Staff Report- Community Development Department Community Development Director Jim Hendryx presented the staff report and relayed that staff recommended approving the vacation. d. Public Testimony Mayor Dirksen read the following: For all those wishing to testify, please be aware that failure to raise all 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. There was no public testimony. e. Staff Recommendation Mr. Hendryx stated that staff recommended approval the vacation. COUNCIL AGENDA— JULY 13, 2004 page 14 f. Council Questions Mayor Dirksen asked when the replacement fight-of-way would be transferred to the City. Mr. Hendryx replied It would be sometime after the project was completed. 9. Close Public Hearing Mayor Dirksen closed the public hearing. 11. Council Consideration: Motion by Councilor Moore, seconded by Councilor Sherwood, to approve Ordinance No. 04-07. ORDINANCE NO. 04-07 — AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 4,387 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 72ND AVENUE WHICH LIES TO THE SOUTHWEST OF THE BORDERS/BED BATH AND BEYOUND COMMERICAL CENTER, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2004-00001), AND DECLARING AN EMERGECY. The motion was approved by a unanimous vote of Council present: Mayor Dirksen Yes Councilor Moore Yes Councilor Sherwood Yes Councilor Woodruff Yes ------------- 11. PUBLIC HEARING (INFORMATIONAL) — CONSIDER RESOLUTION FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 30 (SW 121 st Avenue) a. Mayor Dirksen opened the public hearing b. Summation by Engineering Staff City Engineer Duenas introduced this item and gave a brief PowerPoint presentation on this Sanitary Sewer Reimbursement District Mr. Duenas relayed the main points of the sewer reimbursement district Incentive program. He noted that an existing sewer line runs In front of three lots on the south end of the project. These lots will be charged for the cost of the lateral installation only. The other 67 lots will participate fully in the reimbursement district. COUNCIL AGENDA — JULY 13, 2004 page IS CITY OF TIGARD, OREGON ORDINANCE NO. 04-ol AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 4,387 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 72nd AVENUE WHICH LIES TO THE SOUTHWEST OF THE BORDERS/BED BATH AND BEYOND COMMERCIAL CENTER, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2004-00001), AND DECLARING AN EMERGENCY. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on May 11th, 2004, and has been recommended by the Community Development Department-, and WHEREAS, the approximate 4,387 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 4,387 square foot portion of public right-of-way as described in Exhibits "A-1, A-2, A-3" and shown in Exhibits "B-1,B-2,B-3" better known as SW 72'd Avenue; and WHEREAS, the said portion of public right-of-way is no longer necessary because of the realignment of SW 72nd Avenue in conjuntion with the new Bridgeport Village commercial center; 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 the existing 50-foot-wide utility easement is extended to cover utility lines within the vacated area; 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 July 13, 2004, 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 vacation of said public night-of-way is imperative to the success of the redevelopment of the Durham Quarry site for the mixed-use"Bridgeport Village"project. ORDINANCE NO.04-__!�_ Pagel of i:\curpin\niathew\VAC\VAC2004-0000I.ord(public hearing) NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 4,387 square foot portion of public right-of-way as shown and described in the attached Exhibits "A" and "B" (legal descriptions and maps of the areas to be vacated), and by this reference, made part thereof. SECTION 2: An emergency is declared as the redevelopment of the Village Inn restaurant is contingent upon the realignment of SW 72'd Avenue and the relocation of the Village Inn restaurant in a prompt manner to enable the Village Inn to reopen at the earliest date possible; and the street vacation approved herein is necessary to accommodate the realignment and relocation of these facilities; therefore, this ordinance shall take effect immediately upon passage. PASSED: BylAnanifn vote of all Council members present after being read by number and title only,this 1, day of_ 2004. J Mfigvri Je cGatrvin,Deputy City Recorder Y-L APPROVED: By Tigard City Council this &y of 11u-41 32004. Crai Dirksen,Mayor Approved as to form: City Afto y -) - Date ORDINANCE NO.04-p7_ Page 2 of 2 i:\curpin\mathew\VAC\VAC2004-0000 Lord(public hearing) EXHIBIT A-I 3300 NW 21 1th Terrace Hillsboro, OR 97124 L-DC P 503.858.4242 F 503.645.5500 DESIGN GROUP,INC. www.ldcdesign.com "AREA NO. 6" March 15, 2004 Legal Description A portion of the Northeast % of Section 13, Township 2 South, Range I West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Comer of Section 13, Township 2 South, Range I West, Willamette Meridian; thence along the North line of the Southeast % of said Section 13, N88-5031"W, 1300.21 feet to the True Point of Beginning; thence continuing along said line, N88'50'31"W, 47.81; thence leaving said line, along a line parallel with and 20.00 feet distant and Westerly from the Centerline of S.W. 72nd Avenue, N01 036'53"E, 27.25 feet; thence leaving said line, along the are of a 35.00 foot radius non-tangent curve concave to the Southwest, through a Central angle of 4104645" (Chord bears S71'21'03"E, 24.96 feet) a distance of 25.52 feet to a point of tangency; thence S50"27'42*E, 25.83 feet to a point of curvature; thence along the arc of a 18.00 foot radius curve concave to the Southwest, through a Central angle of 16018'44" (Chord bears S42-18'26-E, 5.11 feet) a distance of 5.12 feet to the North line of the Southeast%of said Section 13 and the True Point of Beginning. Containing 846 Square Feet(0.019-Acres). I The Basis of Bearings is S88050'31*E along the North line of the Southeast % of Section 13, Township 2 South, Range I West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL AND St*VEYOR REGbN JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRA-HON 06/30/05 EXHIBIT A-2 3300 NW 211th Terrace L Hillsboro,OR 97124 D C P 503.858.4242 F 503.645.5500 DESIGN GROUP,INC. www.ldedesign.com "AREA NO. 9" March 15, 2004 Legal Description A portion of the Northeast 4 of Section 13, Township 2 South, Range I West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Comer of Section 13, Township 2 South, Range I West, Willamette Meridian; thence along the South line of the Northeast % of said Section 13, N88-50-31-W, 1282.84 feet; thence leaving said line, N01*09'29"E, 20.00 feet to the Southwest Comer of that Tract of Land described in deed to Bridgeport Land LLC, recorded in Document Number 97061240, Washington County Deed Records; thence along the West line of said Tract of Land, N01*39'53"E, 35.80 feet to the True Point of Beginning; thence leaving said line, N50527'42"VV1, 26.77 feet to a point of curvature; thence along the arc of a 35.00 foot radius curve concave to the East, through a Central angle of 75'14'47" (Chord bears N 120501 8"W,42.73 feet) a distance of 45,97 feet to a point of reverse curvature; thence along the arc of 471.00 foot radius curve concave to the Northwest, through a Central angle of 13*5754" (Chord bears N17048'09"E, 114.52 feet) a distance of 114.80 feet to the West line of said Bridgeport Land LLC Tract of Land; thence along said line, SOI-39'53-W, 167.81 feet to the True Point of Beginning. Containing 2,965 Square Feet(0.068 Acres). The Basis of Bearings is 88805031"E along the South line of the Northeast % of Section 13, Township 2 South, Range I West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL NDSSVPVEYOR Xj ZZ(n A-Jk RLG(5N JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRAWN 06/30/05 t EXHIBIT A-3 QLD 3300 NW , Terrace Hillsboro, OR 97124 P 503.858.4242 F 503.645.5500 DESIGN GROUP,INC. www.ldcdesign.com "AREA NO. 25" February 15, 2004 Legal Description A portion of the Northeast Y. of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the North line of the Southeast '/. of said Section 13, N88'50'31"W, 1348.02 feet to the True Point of Beginning; thence continuing along said line, N88°50'31"W, 25.00; thence leaving said line, along a line parallel with and 45.00 feet distant and Westerly from the Centerline of S.W. 72nd Avenue, N01 39'53"E, 14.35 feet to a point of non-tangent curvature; thence leaving said line, along the arc of a 35.00 foot radius curve concave to the Southeast, through a Central angle of 47°34'30" (Chord bears N63058'11 9"E, 28.23 feet) a distance of 29.06 feet to a point of non-tangency; thence along a line parallel with and 20.00 feet distant and Westerly from said Centerline, S01'39'53"W, 27.25 feet to the True Point of Beginning. Containing 576 Square Feet(0.013 Acres). The Basis of Bearings is S88"50'31"E along the North line of the Southeast '/. of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL AND S RVEYOR OREGON JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 EXHIBIT B-I VICINITY MAP ,{NOT TO SCALE) 1 �� FINOLfAY ? Q ST O 1"-100' 3�,SW LOWER (n 130ONES FERRY Rf) C CoUN ,�cRES Eo/ 10 VI 13 31 32 33 12 1 FOUND 'V4- IRON PIPE FOUND BRASS RECOGNIZED CENTER ER DISK IN BOX OF SECTION 13 BASIS IF SN 2948 1 EAS I CORNER S881 0'31"E 2656a. OF C ON 13 a, N88150,31"w 1300.21' P.O.B,--' JEAN ROAD B' CC N 82- AREA 846 SF TUALA-TiN (0.019 AC) VALLY HOMES 83 30 LINE TABLE REGISTERED LINE LENGM BEARING PROFESSIONAL Ll 47,81' N8850'31'W ND SYRVEYORI L2 27.25' N0I39'53E / I 9. L3 25.83' 550"2742*E\/ ,r" aZA&L,1-2 N CURVE LABL JULORE Y 11. 2000 NO LENGTH RADIUS DELTA CHORD BEARINGINDY A. HALCUMB Cl 25.52' 35.00' 41-4645" 24.96' S71-21'037E Ic 58928 LS C2 5.12* MOO' 16'78'44' 5.11' S42-18'26"E EXPIRATION 06/30/05 moo"A OPUS NORTHWEST 15c AREA NO. 6 2751 C ]"E-NORIH -i PORILMD, OREGON 97205 Da*n WA Inc NJ T. 2S., R. 1 W., W.M. vm�OL IF3"NX GRE" (503) 916-8963 HUMORO.GRE"27124 WASHINGTON COUNTY, OREGON PHOIE,:W�r;5402,42 j aF FAI i,5 2751SA&M 3A5164 CAH w"Jdcd4gm.com )k �, EXHIBIT B-3 T. WCIN17Y MAP (NOT TO SCALE) o Is S LA STQ& 1 100' 3-S-WlJ-LOW-ER- 13ooNES CACRES 0u SIL FERRY RD C) VIE\N 1 31 32 33 13 12 1 FOUND '/' IRON PIPE FOUND 2- BRASS RECOGNIZED CENTER DISK IN MON BOX OF SEC71ON 13 BASIS OF BEARINGS - SN 29487 EAST 1/4 CORNER S8850*31'E 2656.38' OF SECTION 13 N8850'31'W 1348-02' JEAN ROAD 82 O.B. AREA TUALATIN 576 SF VALLEY (0.013 AC) I-jOMES 83 \ / ?I LINE TABLE UNE REGISTERED UNE LENGTH BEARING Ll 25.00' N88*50*31'W PROFESSIONAL 0 V L2 14.35' N0139'53"E AND WRVEYOR L3 27-25' S01*39*53'W OkEGON JULY . 2000 CURVE TABLE CINDY A.11HALCUMB NO LENGTH RADIUS DELTA CHORD BEARING . 58928 LS Cl 29.06 35.00473430' 28.23 N63'58'19"E EXPIRATION 06/30/05 OPUS NORTHWEST ( LDc) Planncir5 AREA NO. 25 2751 1000 SW BROADWAY, SUITE 1130 SIN THE NORTHEAST 1/4 OF SECTION 13 Surveyors PORTLAND. OREGON 97205 Design Group,Inc T. 2S., R. 1 W., W.M. MIAMI& 3300 NX 2117h IERRAM (503) 916-8963 HILIMORO.OREGON 97124 WASHINGTON COUNTY, OREGON PHONE-(543)&58-4242 FAXX(503)645-5500 2751 W&M 2ASA4 CAN `�C STING Vis/ P CITY OF TIGARD JULY 4 k OREGON z � y HALL F f: 12 " MHEAL BLVD 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 — DULY 13, 2004 page 1 AGENDA TIGARD CITY COUNCIL MEETING JULY 1312004 6:30 I'M • STUDY SESSION > REVIEW COUNCIL GROUNDRULES • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss employment-related items and exempt public records under ORS 192.660(2)(1) and 192.660(2)(0. 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(4), 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 & 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 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) • Representative from the Tigard Area Chamber of Commerce 7:40 PM 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 June 8 and 15, 2004 3.2 Receive and File a. Council Calendar b. Tentative Agenda 3.3 Approve Budget Amendment #1 to Increase Appropriations for Funding of the SEIU Labor Agreement and Management Cost-of-Living — Resolution No. 04 - COUNCIL AGENDA — JULY 13, 2004 page 2 3.4 Initiate Action to Transfer jurisdiction of Certain County Roads Within the City to the City — Resolution No. 04 - 3.5 Local Contract Review Board: a. Award Contract for Moving Services to Lile Relocation Services b. Award Contract for the Construction of 100' Avenue and Murdock Street Sanitary Sewer (Sewer Reimbursement District No. 27) to Dunn Construction, Inc. C. Award Contract for City Labor Attorney Services to Bullard, Smith, Jernstedt, Wilson and Authorize City Manager to execute • 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. 7:45 PM 4. TUALATIN VALLEY TELEVISION a. Report by Marc! Hosier, Executive Director 8-00 PM 5. UPDATE ON THE NEW TIGARD LIBRARY a. Staff Report: Library Staff b. Council Discussion 8:15 PM 6. CONSIDER AN ORDINANCE GRANTING A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL a. Staff Report: Finance Staff b. Council Discussion C. Council Consideration: Ordinance No. 04 - 8:25 PM 7. CONSIDER A RESOLUTION RECONSTITUTING THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE a. Staff Report: Engineering Staff b. Council Discussion C. Council Consideration: Resolution No. 04 - COUNCIL AGENDA — JULY 13, 2004 page 3 8:35 PM 8. CONSIDER A RESOLUTION COMMENDING THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE FOR A JOB WELL DONE a. Staff Report: Engineering Staff b. Council Discussion C. Council Consideration: Resolution No. 04 - 8:45 PM 9. RECEIVE INFORMATION ON SECOND ANNUAL NATIONAL NIGHT OUT a. Staff Report: Police Staff b. Council Discussion 8:55 PM 10. PUBLIC HEARING (QUASI-JUDICIAL) — PUBLIC RIGHT-OF-WAY STREET VACATION FOR SW 72ND AVENUE (VAC 2004-00001) The Tigard City Council will hold a public hearing to consider the proposed vacation involving an approximately 4,387 square foot portion of SW 72"d Avenue, near the intersection of SW 72nd Avenue and Bridgeport Road. The portions of SW 72"d Avenue that have been requested to be vacated are to the southwest of the Boarders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant!s client, Opus Northwest has been approved for Site Development Review for a new access into the Borders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval has been conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right- of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. The request was filed with the City on March 17, 2004 and initiated by the City Council at the request of the applicant on May 11, 2004. Any interested person may appear and be heard for or against the proposed vacation of said 72nd Avenue Public Right-of-Way Street Vacation. Any written objections or remonstrances shall be filed with the City Recorder by 7:30 PM on July 13, 2004. a. Open Public Hearing b. Declarations or Challenges COUNCIL AGENDA — JULY 13, 2004 page 4 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. 04 - 9:15 P M 11. PUBLIC HEARING (INFORMATIONAL) — CONSIDER RESOLUTION FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 30 (SW 121s` Avenu(Ppen Public Hearing b. Summation by Engineering Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing 9. Council Consideration: Resolution No. 04 - 9:40 P M 12. COUNCIL LIAISON REPORTS COUNCIL AGENDA — JULY 13, 2004 page 5 9:50 P M 13. NON AGENDA ITEMS 10:00 Pm 14. ADJOURNMENT 1:\ADM\CATHYXCCA\2004X040713.DOC COUNCIL AGENDA — JULY 13, 2004 page 6 AGENDA ITEM# FOR AGENDA OF July 13,2004 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Vacation of an approximately 4,387 square foot portion of public right-of w commonly known as SW 72nd Avenue(VAC2004-00001). PREPARED BY: Mathew Scheidegger DEPT HEAD OK ITY MGR OK \444^ ISSUE BEFORE THE COUNCIL Should the City Council vacate an approximately 4,387 square foot portion of public right-of-way commonly known as SW 72nd Avenue? STAFF RECOMMENDATION It is recommended that the City Council vacate the requested 4,387 square foot portion of public right-of-way commonly known as SW 72nd Avenue. 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 has asked the City Council to initiate vacation proceedings. The Council initiated the proceedings on May 11 t}',2004. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Borders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Bridgport Village (Durham Quarry) commercial center. The applicant, Opus Northwest has received Site Development Review(SDR) for a new access into the Borders/Bed Bath and Beyond commercial center(SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval of the SDR has been conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested night-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. 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-1,A-2,A-3 (Legal Descriptions) Exhibit B-1,B-2,B-3 (Plat Maps) Attachment 2: Letter Requesting Initiation of the Vacation Attachment 3: Vicinity Map FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees will be paid by the applicant from their deposit. CITY OF TIGARD, OREGON ORDINANCE NO. 04- AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 4,387 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 72"d AVENUE WHICH LIES TO THE SOUTHWEST OF THE BORDERS/BED BATH AND BEYOND COMMERCIAL CENTER, IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON (VAC2004-00001),AND DECLARING AN EMERGENCY. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on May I I`h, 2004, and has been recommended by the Community Development Department; and WHEREAS, the approximate 4,387 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 4,387 square foot portion of public right-of-way as described in Exhibits "A4, A-2, A-3" and shown in Exhibits "B-1,B-2,B-3" better known as SW 72nd Avenue; and WHEREAS, the said portion of public rigbt-of-way is no longer necessary because of the realignment of SW 72'd Avenue in conjuntion with the new Bridgeport Village commercial center; 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 the existing 50-foot-wide utility easement is extended to cover utility lines within the vacated area; 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 July 13, 2004, 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 vacation of said public right-of-way is imperative to the success of the redevelopment of the Durham Quarry site for the mixed-use"..Bridgeport Village"project. ORDINANCE NO.04- Pagel of 2 i:\curpin\mathew\VAC\VAC2004-00001.ord(public hearing) NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 4,387 square foot portion of public right-of-way as shown and described in the attached Exhibits "A" and "B" (legal descriptions and maps of the areas to be vacated), and by this reference,made part thereof. SECTION 2: An emergency is declared as the redevelopment of the Village Inn restaurant is contingent upon the realignment of SW 72"a Avenue and the relocation of the Village Inn restaurant in a prompt manner to enable the Village Inn to reopen at the earliest date possible; and the street vacation approved herein is necessary to accommodate the realignment and relocation of these facilities; therefore,this ordinance shall take effect immediately upon passage. PASSED: By vote of all Council members present after being read by number and title only,this_day of 2004. Jane McGarvin, Deputy City Recorder APPROVED: By Tigard City Council this day of 2004. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE NO.04- Page 2 of 2 i:\curpInVmthew\VAC\VAC2004-OOOOI.ord(public hearing) EXHIBIT A-1 3300 NW 211 'Terrace ( Hillsboro, OR 97124 P 503,858.4242 F 503.645.5500 DESIGN GROUP,INC. www.idedesign.com "AREA NO. 6" March 15, 2004 Legal Description A portion of the Northeast Y4 of Section 13, Township 2 South, Range I West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East '/ Corner of Section 13, Township 2 South, Range I West, Willamette Meridian; thence along the North line of the Southeast % of said Section 13, N88-50'31"W, 1300.21 feet to the True Point of Beginning; thence continuing along said line, N88*5931"W, 47.81; thence leaving said line, along a line parallel with and 20.00 feet distant and Westerly from the Centerline of S.W. 72nd Avenue, N01 039#63"E, 27.25 feet; thence leaving said line, along the are of a 35.00 foot radius non-tangent curve concave to the Southwest, through a Central angle of 41046'45" (Chord bears S71021'03"E, 24.96 feet) a distance of 25.52 feet to a point of tangency; thence S50627'42"E, 25.83 feet to a point of curvature; thence along the are of a 18.00 foot radius curve concave to the Southwest, through a Central angle of 16*18'44" (Chord bears S42-18'26"E, 5.11 feet) a distance of 5.12 feet to the North line of the Southeast%of said Section 13 and the True Point of Beginning. Containing 846 Square Feet(0.019-Acres). The Basis of Bearings is S88°50'31"E along the North line of the Southeast % of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL AND SWVEYORI /'Ida .1 elLA -�XRrGbN JULY 11, 2000 CINDY A. HALCUMB 58928 LS _j EXPIRATION 06/30/05 EXHIBIT A-2 3300 NW 211t'Terrace D Hillsboro, OR 97124 P 503.858.4242 F 503.645.5500 DESIGN GROUP,INC. www.ldcdesign.com "AREA NO. 9" March 15, 2004 Legal Description A portion of the Northeast of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Comer of Section 13, Township 2 South, Range I West, Willamette Meridian; thence along the South line of the Northeast 'f of said Section 13, N88.60'31"W, 1282.84 feet thence leaving said line, N01°09'29"E, 20.00 feet to the Southwest Comer of that Tract of Land described In deed to Bridgeport Land LLC, recorded in Document Number 97061240, Washington County Deed Records; thence along the West line of said Tract of Land, N01 039'53"E, 35.80 feet to the True Point of Beginning; thence leaving said line, N50'27'42"W, 26.77 feet to a point of curvature; thence along the are of a 35.00 foot radius curve concave to the East, through a Central angle of 75*14'47" (Chord bears N12*50'18'W,42.73 feet) a distance of 45.97 feet to a point of reverse curvature; thence along the arc of 471.00 foot radius curve concave to the Northwest,through a Central angle of 13*5754" (Chord bears N17*48'09"E, 114-52 feet) a distance of 114.80 feet to the West line of said Bridgeport Land LLG Tract of Land; thence along said line, S01'39'53"W, 167.81 feet to the True Point of Beginning. Containing 2,965 Square Feet(0.068 Acres). The Basis of Bearings Is S88050'31"E along the South line of the Northeast % of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL NDS NEYOR I C4 _)5RPG N JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 ~ ` EXHIBIT A-3 338DNVV211mTerrace Hillsboro, P 503�85B �42 QL_ � 503.858A242 F 503.845.5500 DESIGN GROUP INC vv*mv.|dodesign.com "AREA NO. 25,, February 15, 2004 Legal Description A portion of the Northeast |4 of Section 13. Township 2 South, Range 1 VVaat, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East }4Corner ofSection 13, Township Sou0h, Range 1 VVept, Willamette Meridian; thence along the North line of the Southeast % of said Section 13, N88"50'31^VV. 1348.D2feet hmthe True Point ofBeginning; thence continuing along said Wno. N88"50'31^VV. 25.00; thence leaving said line, along a line parallel with and 45.00 feet distant and Westerly from the Centerline ofS.VV. 72 nd Avenue, NO1^3B'53^E. 14'35feet toapoint ofnon-tangent curvatura; thence leaving said |ine, along the arc of o 35.00 foot radius curve concave to the Southeast, through a Central angle of47"34'38" (Chord bears N63058'19FE. 2G'23feet) adistance of 28.O6feet to a point of non-tangency; thence along a line parallel with and 20.00 feet distant and Westerly from said Centedine. S01*39'53"W, 27'35feet 10the True Point ofBeginning. Containing 576 Square Feet AO.O13 Acres)- The Basis of E3eohngo is @88~58'31~E along the North line of the Southeast V4 of Section 13, Township Smuth, Range 1 Wamt, Willamette Meridian per Survey Number 2S.487. REGISTERED PROFESSIONAL CON JULY 11, 2000 CINDY A- HALCUMB 58928 LS :1 EXPIRATION 06/30/05 EXHIBIT B-1 MINI TY MAP (NOT TO SCALE) Z) sw ck: tNDLA ST 100, 3sw 1,0 13MERsD CoUNCIt- co VIE FE V4 ACRES n 39i 31 32 33 13 12 1 1 FOUND -y4- IRON PIPE FOUND " BRASS B' RECOGNIZED CENTER DISK IN ON BOX I OF SECTION 13 BASIS OF — SH 2948 EAST I CORNER S68 0'31'E 1% 2656. 0 OF SEC ON 13 /0 C), N88-5b'J I"W -1300.21' �``-P.0.8 JEAN ROAD AREA 846 SF UALATIN (0.019 AC) T VALLEY HOMES, 83 �fltd—F- TABLE REGISTERED j L M' LEN07H BEARING PROFESSIONAL Ll 47.81' N8850*31'4N ND SyRVEYOR L2 27.25' N0I'39*53*E L3 25.8.3' 550'27*42*E 7OREGON CURVE TABLE JULY 11. 2000 NO LENGTH RADIUS DELTA CHORD BEARING CINDY A. HALCUMB Cl 25.52' 35,00' 414645- 24.96' S 71*21'03 wE 58928 LS C2 5.12- MOO' 16-18-44- 5.11' S42.18-26-E EXPIRATION 06/30/05 OPUS NORTHWEST LDC A= AREA NO. 6 2751 --L - skorwvm E-NORIH J OREGON 97205 a�� tj T. 2S., R. 1 W., W.M. OLMM ML . w.1 3M KW.011h MWXE .9— (503) 916-8963 MLLSSOM OREM 2-n24 WASHINGTON COUNTY, OREGON PHOW–(M*658-4242 M-00 645-550027MODW 3AS164 CAN wwwJdcdosiqn.00m EXHIBIT B-2 VICINITY MAP (NOT TO SCALE) Sw NOLA Y1"=100' ST d9- SW LOWER BOONES LU RD :Z) AN Z Q R RELINQUISHED C No. PER f 8 0) 9 CoLiNGIL 4 3465 ACRES N �i 31 32 33 34 lk I 12 %.- INGEP"T co 1) t_LC "LEA t4o )OC FOUND IRON PIPE FOUND 2" BRASS CENTER RECOGNIZED CE 4 c DISK IN MON BOX OF SECTION 13 AREA EAST 114 CORNER N5027*42V 2,965 SF OF SEC71ON 13 26.7?' (0.068 AC NO1139'53"El P 1\11) - P.O. 35,80' JEAN NO1*0'9294Y-\ 20.00' Zz N88150'31"W 1282.84, BASIS OF BEARINGS - 29487,1 S8850'31`E 2856.3B* [ REGISTERED PROFESSIONAL LAND $YRVEYORI 1-7-()RF ON j 000 JULY 11, 2000 xx CINDY A. HALCUMB QMVE TABLE i NO LENGTH RADIUS DELTA CHORD BEARING 58928 LS Cl 4&97- K.00' 75-1447* 42.73' C2 114.80' 471.00' 13'5754' 114.52NI7"4809*E EXPIRA110N 06/30/05 OPUS NORTHWEST Plannm AREA NO. 9 2751 --40003W-M0A0WAY,-WffE4130 c I-IN--THE-N0RJlIEASl-l/-+AF-KC I -11ON 13 PORILMD.MGM 97205 Av" A kv T. 2S., R. 1W., W.M. (503) 916-8963 .OSSM 2111h TMAM REGM 97124 WASHINGTON COUNTY, OREGON PHONE("&;"242 FAY,(50 645-550* -W 0) 2751SA&M 3/15/Of CAN EXHIBIT B-3 VICINITY MAP (NOT TO SCALE) — ois swl d FINDLAYSI E Z 5 -- - q v ST. i?(JO h SSW LOWER IT 1,•-l D0' ORN- in BOONESG IL } ��y�s� FERRY RQ COU ACRES h m �aFVIEW >a �`'' 31 32 33 13 12 11 FOUND ' IRON PIPE FOUND 2" BRASS RECOGNIZED CENTER DISK IN MON BOX OF SEC17ON 13 BASIS OF BEARINGS - SN 29487 EAST 1/4 CORNER S88'50'31' 2656.38' OF SECTION 13 / N, I C1 � 1 N8850'31-W 1348.02' ' L JEAN ROAD 82 O.B.. AREA TU ALA Ti N J 576 SF VALLEY / (0.013 AC) HOMES I t 83 i �<? ' LIN TE ABLE REGISTERED UNE LENGTH BEARING PROFESSIONAL LI L 1 25.00' N88 50:31"W L2 14.35' NO139'53'E 4AND WR. VEYOR / CD- L3 27.25' S013953'W o EGON CURVE TABLE `SLY ��, �� / CINDY HA!_CUMB NO LENGTH RADIUS DELLA CHORD BEARING _ 588 928 L$ Cl 29.06' 35.00' 47'34'30' 28.23 N63'58'19 E EXPIRATION 06/30/05 r OPUS NORTHWEST LDC E AREA NO. 25 2751 1000 SW BROADWAY. SUITE 1130 survevvrs IN THE NORTHEAST 1/4 OF SECTION 13 PORTLAND. OREGON 97205 D-e mGrOuA Inc T. 2S., R. 1W., W.M. .ria 503) 916-8963 3300°"'Ww" 2 RE TERRACETERRACEI6LL.5#IX ORE00N 47124" WASHINGTON COUNTY, OREGON 1 PHOW_(303)636-4242 FAY--(503)645—SSW IMSA25VAC ZASAt CAN `1 �Jdcdsaiunxwn ATTACHMENT 2 BALL JANIK LLP A T T 0 R N E Y S 101 SOUTHWEST MAIN STREET, SUITE 1100 PoRnAm, OREGON 97204-3219 www.bafljanik.com KRisnN UDVAPJ TEt-EPHoNE 503-228-2525 kudvari@bjllp.com ALSO ADMIT171)IN WASHINGTON FAcsmiLE 503-295-1058 March 17,2004 ,q BY MESSENGER City Council City of Tigard City Hall 13125 SW Hall Blvd. Tigard, OR 97223 Re: Request to Vacate Portions of Former SW 72nd Avenue Rig t-of-Way Dear Council Members: Ball Janik LLP represents Opus Northwest, L.L.C., one of the developers of Bridgeport Village. As part of the Bridgeport Village project, SW 72nd Avenue is being realigned, as depicted on the attached maps. Therefore, the land underlying the former route of SW 72nd Avenue should be vacated and conveyed to the appropriate property owners. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments(0.1 acres total)depicted on the attached maps are subject to Tigard's jurisdiction. Therefore, pursuant to Tigard Municipal Code Section 15.08, Opus Northwest, L.L.C. hereby requests that the City Council initiate the vacation process for the portions of the former right-of-way of SW 72nd Avenue described in the attached legal descriptions. As required by TMC § 15.08, attached are legal -----ADM"CDOCS\PORTLAND\442929\1 PORTLAND,OREGON WASHINGTON,D.C. BEND,OREGON BALL JANIK LLP City of Tigard March 17, 2004 Page 2 descriptions, maps showing the areas to be dedicated, and a check in the amount of$1,709 for the application fee. Sincerely, KU.jmm Enclosures cc: Mr. Matt Scheidegger, City of Tigard Ms. Kim McMillan, City of Tigard Mr. Greg Miller,Washington County Mr. Ken Bauer,Washington County Mr. Mike McKillip, City of Tualatin Mr. Roger Hansen, ODOT Mr. Bruce Wood, Opus Northwest, L.L.C. Mr. Tom Parsons, Opus Northwest, L.L.C. ::ODMA\PCDOCS\PORTLAND\442929\1 ODA ATTACHMENT 3 CD < p SW UCD P m RENES fiERR BL2 '�. O G,o C O SW 72ND AVE s� �L � f- J Fy- y�Fc W N4 Q 3' g 3 �.�T t`j 4 N N rrl D n Yw !I 1! NOTICE TO MORTGAGEE,LIENHOLDER,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(Devekpment shaping,A Better Community CITY OF TIGARD NOTICE OF STREPET VACATION & PUBLIC NEARING 60 NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY JULY 13 2004 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) 2004-00001 FILE TITLE: 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT'S Ball Janik, LLP APPLICANT: OPUS Northwest REP.: Attn: Kristin Udvari 1000 SW Broadway 101 Southwest Main Street, Suite 1100 Suite 1130 Portland, OR 97204-3219 Portland, OR 97205 REQUEST: The applicant is requestingg that the City of Tigard vacate an approximately 4,387 square foot portion of SW 72"o Avenue, near the intersection of S72" Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Boarders/Bed Bath and Beyond comdmercial center. The reason for the vacation request is for the realignment of SW 72" Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest has been approved for Site Development Review for a new access into the Boarders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of- the Bridgeport Village restaurant. The approval has been conditioned upon the successful completion of this requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard s jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. LOCATION: Southwest 72nd Avenue, near the intersection of SW 72nd Avenue & Bridgeport Road. DATE REQUEST WAS FILED: March 17, 2004 THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON MAY 11, 2004 BY SETTING A FORMAL PUBLIC HEARING DATE OF JULY 13. 2004 (Resolution No. 04-30). 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 JULY 13 2004 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 (25�) PER PAGE, OR THF 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 EMAIL TO MATTS(&_CI.TIGARD.OR.US. CITY of TIGARD <,..a.M .r�o...a.E., YICINI'1t'Y MJ�U� VAC2004-00001 72ND AVENUE PUBLIC RIGHT-OF-WAY VACATION 4. Y 'n Msw a 3 nuft L.OiCauRMt w N 17 ari•a� j// ryas njm awa /// 9 299 uw ewo Faai I / f•=a57foal SW BRIDGED lnfamaaon on ttYa map is for yanaal bcanm Dory aM 81+aWtl�vgifieCvriifi lha De.VIOPrtenl$Ervkas OiNsian. 13125 SW Hafl BW rgp4 OR 97723 (593)639-4171 tftl wx.d.9para.«.aa CITY OF TIGARD, OREGON RESOLUTION NO. 04- -30 A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE AN APPROXIMATELY 4,387 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 72ND AVENUE WHICH LIES AT THE SOUTHWEST CORNER OF THE BORDERS/BED BATH AND BEYOND COMMERCIAL CENTER(VAC2004-00001). WHEREAS, the approximately 4,387 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 4,387 square foot portion of public right-of-way, as described in Exhibits "A-1, A-2 and A-3" and shown in Exhibits "B-1,B-2 and B-3" better known as SW 72nd Avenue; and WHEREAS, the approximately 4,387 square foot portion of land had previsouly been dedicated to the public; and WHEREAS, the said portion of public right-of-way may no longer be necessary due to the realignment of SW 72nd 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 4,387 square foot portion of public right-of-way commonly know as SW 72nd Avenue, as more particularly described and shown in Exhibits "A-1, A-2, A-3" and "B-1, B-2 and B-3" and by reference, made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on July 13, 2004 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 x7 240k Mayor- ity of Tigard ATTEST: 0'q#dxA� 0 City Recorder- City of Tigard RESOLUTION NO.04- Page 1 EXHIBIT A-I 3300 NW 21Ith Terrace Hillsboro, OR 97124 Q-L CDC P 503.858.4242 F 503.645.5500 DESIGN GROUP,INC. www.ldcdesign.com "AREA NO. 6" March 15, 2004 Legal Description A portion of the Northeast '/ of Section 13, Township 2 South, Range I West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East '/ Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the North line of the Southeast % of said Section 13, N88'50'31-W, 1300.21 feet to the True Point of Beginning; thence continuing along said line, N88050'31"W, 47.81; thence leaving said line, along a line parallel with and 20.00 feet distant and Westerly from the Centerline of S.W. 72 d Avenue, N01*39'53"E, 27.25 feet; thence leaving said line, along the are of a 35.00 foot radius non-tangent curve concave to the Southwest, through a Central angle of 41046'45" (Chord bears S71021'03"E, 24.96 feet) a distance of 25.52 feet to a point of tangency; thence S50*2742"E, 25.83 feet to a point of curvature; thence along the arc of a 18.00 foot radius curve concave to the Southwest, through a Central angle of 16*18'44" (Chord bears S42-18'26"E, 5.11 feet) a distance of 5.12 feet to the North line of the Southeast%of said Section 13 and the True Point of Beginning. Containing 846 Square Feet(0.019 Acres). The Basis of Bearings is S88°50'31"E along the North line of the Southeast % of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL AND SVf?VEYORREGONI JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 EXHIBIT A-2 3300 NW 211th Terrace L Hillsboro,OR 97124 LD 7C , P 503,858.4242 F 503.645.5500 DESIGN GROUP,INC. www,fdodesign.com "AREA NO. 9" March 15, 2004 Legal Description A portion of the Northeast of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Comer of Section 13, Township 2 South, Range I West, Willamette Meridian; thence along the South line of the Northeast % of said Section 13, N88*50'31"W, 1282.84 feet; thence leaving said line, N01*09'29"E, 20.00 feet to the Southwest Comer of that Tract of Land described in deed to Bridgeport Land LLC, recorded in Document Number 97061240, Washington County Deed Records; thence along the West line of said Tract of Land, N01 039'53"E, 35.80 feet to the True Point of Beginning; thence leaving said line, N50'27'42"W, 26.77 feet to a point of curvature; thence along the are of a 35.00 foot radius curve concave to the East, through a Central angle of 75014'47" (Chord bears N 12050'1 8"W, 42.73 feet) a distance of 45.97 feet to a point of reverse curvature; thence along the arc of 471.00 foot radius curve concave to the Northwest, through a Central angle of 13*57'54" (Chord bears N17'48'09"E, 114.52 feet) a distance of 114.80 feet to the West line of said Bridgeport Land LLC Tract of Land; thence along said line, S01-39'53-W, 167.81 feet to the True Point of Beginning. Containing 2,965 Square Feet(0,068 Acres). The Basis of Bearings is S88°50'31"E along the South line of the Northeast % of Section 13, Township 2 South, Range I West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL NDS SVBVEYOR '6REG ON JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 t EXHIBIT A-3 LDC 3300 NW , Terrace Hillsboro, OR 97124 P 503.858.4242 F 503.645.5500 DESIGN GROUP,INC. www.ldcdesign.com "AREA NO. 25" February 15, 2004 Legal Description A portion of the Northeast '/< of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the North line of the Southeast % of said Section 13, N88050'31"W, 1348.02 feet to the True Point of Beginning; thence continuing along said line, N88°50'31"W, 25.00; thence leaving said line, along a line parallel with and 45.00 feet distant and Westerly from the Centerline of S.W. 72nd Avenue, N01 039'53"E, 14.35 feet to a point of non-tangent curvature; thence leaving said line, along the arc of a 35.00 foot radius curve concave to the Southeast, through a Central angle of 47°34'30" (Chord bears N63058'19"E, 28.23 feet) a distance of 29.06 feet to a point of non-tangency; thence along a line parallel with and 20.00 feet distant and Westerly from said Centerline, S01 039'53"W, 27.25 feet to the True Point of Beginning. Containing 576 Square Feet (0.013 Acres). The Basis of Bearings is S88°50'31"E along the North line of the Southeast '/4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL AND S RVEYOR OREGON JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 EXHIBIT B-I VICINITY MAP NOT TO SCA E I sc W F1NO�A YSI J t` GHQ 3SW LOWER 1"-100' 3 W 0 <n @OONES U N C I L Z 4 cQ y s FERRY RO CO S N m �a' � VIEW ACRE r� - s 31 32 33 13 I 12 1 FOUND -4" JRON PIPE FOUND " BRASS RECOGNIZED CENTER DISK IN ON BOX OF SECTION 13 BASIS OF BEARINGS — SN 2948 EAST 1 CORNER S88' 0'31"E 2 56. 8OF SEC ON 13 i 1 N88'50'31"W 1300.21' �P.O.B JEAN ROAD 82- AREA 846 SF / I (0.019 AC) VA / TU A�AEY H . OMES / I / 83 1 . I � / — R LINE TABLE REGISTERED LINE LENGTH BEARING PROFESSIONAL L1 47.81' N8850'31'w IAND S RVEYOR \ /�• L2 27.25' N013953"E i 5 L3 25.83' S50'2742"E CURVE TABLE JU0LY 11.REG0000 NO LENGTH RADIUS DELTA CHORD BEARING CINDY A. HALCUMB / Cl 25.52' 35.00' 4146'45" 24.96' S71-21'037E58928 LS i / C2 5.12' 18.00' 16'18'44" 5.11' S42'18'26"E EXPIRATION 06/30/05 eM w. eeeer Tv a o, OPUS NORTHWEST A�PlannmLDCAREA NO. 6 2751 —AtKb % MADWAY.-2MlEJ] aN_J.HE-IDRIMEASI�.�-4�F_SEGEON 1 PORnMD. OREGON 97205 1 ouµ T. 2S., R. 1 W., W.M. ..... (503) 916-8963 HIUMOOR%�� WASHINGTON COUNTY, OREGON 1PHONE(503)8or FAX(503)845-5500 Imsma p 3/15/b4 OAH 1 www.idedoolon.com EXHIBIT B-2 VI CO INI; MA NT PALEP) S NDLSTA Y.40S 1"=100' W LOWER 0 130ONES FERRY RD 0 R/W PER DOC. NO. Gj CoUNCIL RELINQUISHED 84034659 VIEW ACRES 0 31 32 33 34 12 11 1 BRIDGEPOLLRT 00 LAND C FOUND " IRON PIPE K DOC- No' (o 97061240 FOUND 2" BRASS FOUND W EC1,6 CENTER IDISUK IN MON BOX 0 D 0 D 0 OF SECTION 13 c AREA EAST 114 CORNER OF S N5027 42a"' 2965 SF OF SECTION 13 26..77' (0.068 AC NOI 139'53"E 135 A35i8o' JEAN ROAD) — N01,09,29, 20.00' N88 I'50'3'-W 1282.84' BASIS OF BEARINGS — 29487 Ile S8850'31"E 2656.38' X [ REGISTERED PROFESSIONAL LAND 5YRVEYOR] CURVE TABLE OREGON JULY 11,H2000 CINDY A. ALCUMB NO LENGTH RADIUS DELTA CHORD BEARING 58928 LS 10 CI 45.97 .35.00' 7,5*1447* 42.73' N12'5018"W EXPIRATION06/30/05 C2 114.80' 471.00' 13*57 114.52' N17148'091E lanners OPUS NORTHWEST CLI)c pAREA NO. 9 2751 4 0 0 0-8 W-MOA 0 WAY,-—SVJ M 4 13 D - Ateums JN-JHE-N0MEAST-1/-4-0E-SEC--'Util 13 — PORTI ANO. OREGON 97205 Deso 17rouA Lw MOO N.W.2117h MUZACE T. 2S., R. M, W.M. (503) 916—e963 MLSBORO,OREGON 97124 WASHINGTON COUNTY, OREGON PHONE,(803)$M-4242 2751SASM 3/15/04 cm EXHIBIT B-3 VICINITY MAP NOT TO SCALE ( I I W - I P Xx / Z Sw o W FINDLAYSI Z 5 I j yZ W ST. 61 ^ Q , Z)�` GC 3SW LOWER 1 —100 3W 6�pP� BOONES COUNCIL Z ) �0 FERRY RD ACRES m oF�� VIEW 31 32 33 13 I 12 11 FOUND 3/" IRON PIPE FOUND 2" BRASS RECOGNIZED CENTER I I DISK IN MON BOX OF SECTION 13 BASIS OF BEARINGS - SN 29487 EAST 1/4 CORNER S88 50'31 E 2656.38' OF SECTION 13 1 N88 50'31"W 1348.02- L1 JEAN ROAD 82 P.O.B. / AREA TUALATIN I 576 SF / VALLEY (0.013 AC) / / . HOMES 83 1 I - I \ �Q LINE TABLE REGISTERED �G LINE LENGTH BEARING PROFESSIONAL L1 25.00' N88 50'31"W L2 14.35' N01*39'53E AND RVEYOR C) L3 27.25' S0139'53"W JULY LOREGON 00 CURVE TABLE CINDY A. HALCUMB / NO LENGTH RADIUS DELTA CHORD BEARING 58928 LS / / Cl 29.06' 35.00' 47'34'30" 28.23 N6358'19"E EXPIRATION 06/30/05 ��m OPUS NORTHWEST Planners LDC Engineers AREA NO. 25 2751 1000 SW BROADWAY, SUITE 1130 Surveyors IN THE NORTHEAST 1/4 OF SECTION 13 PORTLAND, OREGON 97205 Design Group,Inc T. 25., R. 1 W., W.M. 3300 N.W. 211Th TERRACE O1 UL (503) 916-8963 NILLWORO, OREGON 97124 WASHINGTON COUNTY, OREGON 1 PHONE.(503)858-4242 s FAX-(503) 645-5500 �5�SG 2/15/04 CAN 1 w.i.ldcde icn- rIM TIGARD MC1TY COUNCIL MEETING} 3 CITY OF TIGARD NIA1 11; 2004 63Q p m mow; OREGON F TIGARD CITY HLLk RF�E/VSD 1 ,�s $VHF R Ef BLVD ��NN//�/ AY TIGARD, OAR 97223 M p 20 44 lT Y OF Tl PUBLIC NOTICE: GgRQ 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 — MAY 11, 2004 page 1 AGENDA TIGARD CITY COUNCIL MEETING MAY 11, 2004 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session as provided by ORS 192.660 (1)(d) to discuss labor negotiations. 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. • STUDY SESSION > Discuss Westside Economic Alliance Membership > Discuss Bull Mountain Annexation Process > Discuss Hate Group Activities in Tigard 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order- City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8t Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) • Tigard High School Student Envoy Angela Jensen o Consideration of Resolution Acknowledging and Commending Angela Jensen for her Efforts as the Tigard High School Student Envoy to the City of Tigard — Resolution No. 04- • Tigard Area Chamber of Commerce President Dan Murphy COUNCIL AGENDA — MAY 11, 2004 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 Minutes for April 13, 20 and 27, 2004 3.2 Receive and File: a. Council Calendar b. Council Meeting Tentative Agenda 3.3 Appoint David Burke and Brian Kelly to the Library Board; Appoint Ruthanne Lidman as Alternate to the Library Board — Resolution No. 04- 3.4 Appoint Jim Andrews and Joshua Chaney to the Downtown Task Force — Resolution No. 04- 5, InItlate Vacation Pendings,ft ApWo*natdY,"4.,,38,7 Squwe,,Feet of Public Rot of way Commohly Knowww"o)"I 3.6 Approve Budget Amendment #22 to the FY 2003-04 Budget to Increase Appropriations for Funding of a Permit Technician Position in the Building Inspection Division — Resolution No. 04- 3.7 Authorize the Chief of Police to Sign a Memorandum of Understanding with the Federal Bureau of Investigation for Participation in the Cyber Crimes Task Force 3.8 Authorize the City of Manager to Sign a Memorandum of Understanding Accepting Community Development Block Grant (CDBG) Funds for Improvements to Commercial Street 3.9 Authorize Application for a "COPS in Schools 2004" Grant to Fund Two Additional School Resource Officers • 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. CONSIDER NAMING THE TIGARD SKATE PARK IN HONOR OF FORMER MAYOR JIM GRIFFITH a. Staff Report: Public Works Staff b. Council Discussion C. Council Consideration: Resolution No. 04- 5. UPDATE ON THE NEW TIGARD LIBRARY a. Staff Report: Library Staff b. Council Discussion COUNCIL AGENDA — MAY 11, 2004 page 3 6. UPDATE ON THE PROPOSED LOCAL OPTION LEVY FOR WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES a. Staff Report: Library Staff b. Council Discussion 7. UPDATE ON TIGARD BEYOND TOMORROW VISION a. Staff Report: Administration Staff b. Council Discussion 8. UPDATE ON BULL MOUNTAIN ANNEXATION PLAN SUBCOMMITTEES a. Staff Report: Community Development Staff b. Council Discussion 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session as provided by ORS 192.660 (1)(1) to discuss the evaluation of the City Manager under previously established criteria. 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 1AADM\CATHY\CCA\2004\04051 IDOC COUNCIL AGENDA — MAY 11, 2004 page 4 CITY OF TiGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Mathew Scheidegge , (503) 639-4171 AGENDA: May 11, 2004 TOPIC: Initiation of vacation proceedings for an approximately 4,387 square foot portion of SW 72nd Avenue, near the intersection of SW 72nd and Bridgeport Road. BACKGROUND: The portions of SW 72th Avenue that have been requested to be vacated are to the southwest of the Borders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest, is also in for Site Development Review for a new access into the Borders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval will be conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. COST: $1,709.00 application fee covered by the applicant. AGENDA ITEM# FOR AGENDA OF May 11, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiation of Vacation proceedings for an approximately 4,387 square foot portion of public right-of-wa conimonlyknown as SW 72nd Avenue(VAC2004-00001). PREPARED BY: Mathew Scheidegger —DEPT HEAD OK CITY MGR OK . ISSUE BEFORE THE COUNCIL Should the City Council initiate Vacation proceedings for an approximately 4,387 square foot portion of public right-of-way commonly known as SW 72nd Avenue? STAFF RECOMMENDATION It is recommended that the City Council initiate Vacation proceedings by adopting the attached Resolution (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 Platuiing 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. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Borders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest is also in for Site Development Review for a new access into the Borders/Bed Bath and Beyond commercial center (SDR2003-00017) in. conjunction with the relocation of the Bridgeport Village restaurant. The approval will be conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment 1: Proposed Resolution Exhibit A-1, A-2,A-3 (Legal Descriptions) Exhibit B-1,B-2,B-3 (Plat Maps) Attachment 2: Letter Requesting Initiation of the Vacation Attachment 3: Vicinity Map FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees have been paid by the applicant. CITY OF TIGARD, OREGON ATTACHMENT I RESOLUTION NO. 04- A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE AN APPROXIMATELY 4,387 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 72 No AVENUE, WHICH LIES AT THE SOUTI-IWEST CORNER OF THE BORDERS/BED BATH AND BEYOND COMMERCIAL CENTER(VAC2004-00001). WHEREAS, the approximately 4,387 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 4,387 square foot portion of public right-of-way, as described in Exhibits "A-1, A-2 and A-3" and shown in Exhibits "B-1,B-2 and B-3" better known as SW 72'd Avenue; and WHEREAS, the approximately 4,387 square foot portion of land had previsouly been dedicated to the public; and WHEREAS, the said portion of public right-of-way may no longer be necessary due to the realigiu-nent of SW 721" 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 4,387 square foot portion of public right-of-way commonly know as SW 72"a Avenue, as more particularly described and shown in Exhibits "A-1, A-2, A-3" and "B-1, B-2 and B-3" and by reference,made a part hereof SECTION 2: A public hearing is hereby called to be held by the City Council on July 13, 2004 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 2004. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO.04- Page 1 EXHIBIT A-I 3300 NW 21 I'h Terrace Hillsboro, OR 97124 (-L-CDC P 503.858.4242 F 503.645.5500 DESIGN GROUP,INC. www.ldodesign.com "AREA NO. 69% March 15, 2004 Legal Description A portion of the Northeast of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the North line of the Southeast % of said Section 13, N88'5031-W, 1300.21 feet to the True Point of Beginning; thence continuing along said line, N88'50'31-W, 47,81; thence leaving said line, along a line parallel with and 20.00 feet distant and Westerly from the Centerline of S.W. 72nd Avenue, N01°39'53"E, 27.25 feet; thence leaving said line, along the are of a 35.00 foot radius non4angent curve concave to the Southwest, through a Central angle of 41046'45" (Chord bears S71021'03"E, 24.96 feet) a distance of 25.52 feet to a point of tangency; thence S50'27'42"E, 25.83 feet to a point of curvature; thence along the arc of a 18.00 foot radius curve concave to the Southwest, through a Central angle of 16*18'44" (Chord bears S42-18'26"E, 5.11 feet) a distance of 5.12 feet to the North line of the Southeast%of said Section 13 and the True Point of Beginning. Containing 846 Square Feet(0.019 Acres). The Basis of Bearings is S88°50'31"E along the North line of the Southeast % of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL AND St*VEYORI REGbN JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 EXHIBIT B-1 VICINITY MAP N07 TO SCALE I o IS w O� W�FINi) 1 z 5 a ST. O� n Q „_ 1` Q 3SW LOWER 1 -100 CIL Z hQ 5S10�ps9�� ERRNERD COUNCIL C CIO, o�� VIE 931 32 33 13 I 12 1 FOUND 3/4" IRON PIPE I FOUND " BRASS RECOGNIZED CENTER DISK IN WON BOX OF SECTION 13 ^_ BASIS OF BEARINGS - SN 2948 1 EAST 1 CORNER 9,' 1"E 2656. 8' OF SEC ON 13 i Cl 2 �� o. N88'50'31"W 1300.21' �P.O B JEAN ROAD 82- AREA / 846 SF / .019 AC) / TD A��EY VACMES H 83 / 1 I • I / / - 1 \ fie/ LINE TABLE REGISTERED �G LINE LENGTH BEARING PROFESSIONAL L1 4781' N88-50'31"w IAND S RVEYOR L2 27.25' N0139530E 5 L3 25.83' S5027421E OREGON CURVE TABLE JULY 11, 2000 NO LENGTH RADIUS DELTA CHORD BEARING CINDY A. HALCUMB / Cl 25.52' 35.00' 414645" 24.96' S7121'03"E 58928 LS C2 5.12' 18.00' 16'18'44" 5.11' S42'18'26"E EXPIRATION 06/30/05 i OPUS NORTHWEST LDC E AREA NO. 6 2751 -JODO-SW-ROAMAY.�H]E,] 5lrrve ors .1N-ME-N0RIHEASl-J./-4s?E-SMQ I- — PORTLMD, OREGON 97205 a Lw T. 2S., R. 1 W., W.M. 3300 N.W.211Th WMACE (503) 916-8963 HUMORO, OREGON 97124 WASHINGTON COUNTY, OREGON 1 PHONE(503)858-4242 0 FAX(503)845-5500 2MSA8MM 3/15/04 CAN 1 www.ldcdsa .com EXHIBIT A-2 3300 NW 211th Terrace Hillsboro, OR 97124 DL7C , P 603.858.4242 F 603.645.5500 DESIGN GROUP,INC. www.ldcdesign.com "AREA NO. 9" March 15, 2004 Legal Description A portion of the Northeast of Section 13, Township 2 South, Range I West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the South line of the Northeast % of said Section 13, N88.50'31-W, 1282.84 feet; thence leaving said line, N01 009'29"E, 20.00 feet to the Southwest Corner of that Tract of Land described in deed to Bridgeport Land LLC, recorded in Document Number 97061240, Washington County Deed Records; thence along the West line of said Tract of Land, N01 039'53"E, 35.80 feet to the True Point of Beginning; thence leaving said line, N50027'42"W, 26.77 feet to a point of curvature; thence along the arc of a 35.00 foot radius curve concave to the East, through a Central angle of 75014'47" (Chord bears N12050'18"W, 42.73 feet) a distance of 45.97 feet to a point of reverse curvature; thence along the arc of 471.00 foot radius curve concave to the Northwest, through a Central angle of 13*57'54" (Chord bears N17*48'09"E, 114.52 feet) a distance of 114.80 feet to the West line of said Bridgeport Land LLC Tract of Land; thence along said line, S01'3953-W, 167.81 feet to the True Point of Beginning. Containing 2,965 Square Feet(0.068 Acres). The Basis of Bearings Is S88°50'31"E along the South line of the Northeast % of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. IREGISTERED PROFESSIONAL NDS SWVEYORI RL60N JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRAMN 06/30/05 EXHIBIT B-2 VICINITY MAP NOT ;��CALE) Sw io- 'ND Y i"=ioo* ST G) SSW LOWER in BoONES LLJ FERRY RD CIO � R/W RE403465vo H C) PECOUNCIL 9 VIEW ACRES 31 32 33 34 12 B,,,,)G,poRl io- LAND LLC K NO. FOUND -y4" IRON PIPE to 1240 FOUND 2' BRASS Doc� RECOGNIZED CENTER 970 DISK IN MON BOX OF SECTION 13 c AREA EAST 114 CORNER N5077'42"W 965 SF OF SEC17ON 13 26.7?p (0.068 AC N01*3953w # ,k35j8O' JEAN ROAD 20.00' N88'50'3'1"W 12Z� BEARINGS — 2948711-1 11E 2656.38' F ES 1plipEll FOUND UK 0 D IS AST I QF SEC E c ,2 j5W � 2. BASr/58850'31 S 0 S88_50� 3 REGISTERED PROFESSIONAL O�� / �� - --� [ LAND $YRVEYORI ��G�/ I OREGON / ,r CURVE TARL JULY 11, 2000 6 tCI N D!Y!A. H A L C U M B 1�� NO LENGTH RADIUS DELTA CHORD BEARING 58928 LS 10 C1 45.97' 35.00' 75*1447" 42.73' N12*50*18'*W EXPIRAMN 06/30/05 X/ C2 114.80' 471.00' 1,3*57*54- 114.52- N17-48.09"E oprimto MAW va ;EZ rOPUS NORTHWEST LDC) Planners AREA NO. 9 2751 ---1000-SW-8R0A0WAY-.-WnF-4430- N-JHE-NQRIBEASIJ/-4 OF SECTION 13 POR"D, OREGON 97205 DL-50 Mou-A 1w T. 2S., R. iW., W.M. ((50 3300 NA 2117h 7MACE 503) 916-8963 WMORD,OREGON 97124 WASHINGTON COUNTY, OREGON PHONE'(503)$58-4242 or PAX(503)845-5500 2751SA8.0WD 3/15/04 cm ` EXHIBIT A-3 3300NVV211mTernace HiUmboro. DRQ7124 P 6O3�858�4�42 QLC- DZC , F 503.64555OO DESIGN GROUP,INC. vwvw.|dcdesigncom "AREA NO, 25," February 15, 2004 / e��/ Description t'O�� A portion of the Northeast |4 of Section 13, Township 2 8outh, Range 1 West, VViUonnebe Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Corner of Section 13` Township South, Range 1 VVest, VVi||arnetto Meridian; thence along the North line of the Southeast Y4 of said Section 13, N88"50'81^VV. 1348.02 feet to the True Point of Beginning; thence continuing along said line, N08050'31^VV. 25'00; thence leaving said Une, along m line parallel with and 45.00 feet distant and Westerly from the Centerline of8.VV. 72nd Avenue, N01'39'53"E, 14.35 feet to m point of non-tangent curvature-, thence leaving said |ine, along the mno of a 35.00 foot radius curve concave to the 8nutheaot, through o Central angle of47"34'3D^ (Chord bears N83058'18^E. 28.23 feet) a distance of 29.08 feet to a point of non-tangency; thence along m line parallel with and 20.00 feet distant and Westerly from said Centedine. G01"59'53"VV. 27.25 feet tothe True Point of Beginning. Containing 576 Square Feet (0.013 Acres). The Basis of Bearings is S88'50'31"E along the North line of the Southeast 1/4 of Section 13, Township 2 South, Range 1 VVeot, Willamette Meridian per Survey Number 29,487. [ REGISTERED PROFESSIONAL �AND SWdRVEYOR JULY 11, 2000 CINDY A. HALC MB 58928 LS _ ExrRxWw 06/30/05 EXHIBIT B-3 VICINITY MAP (NOT TO SCALE) Lj 7:) s 00 F/ A YS'� ',Z' S T i 100, G;�? ,SW LOWER Lo 80ONES -OUNCIL FERRY RD VIEW 31 ACRES 32 33 13 12 11 FOUND -14 IRON PIPE FOUND 2" BRASS RECOGNIZED CENTER DISK IN MON BOX OF SECTION 13 BASIS 55 - SN 29487 EAST 114 CORNER S8850*31"E 2656.38' OF SECTION 13 Ci N88*50'31"W 1348.02' Lt JEAN ROAD 82 P.O.B. AREA LATIN 576 SF TUA 0.013 AC) VALLEY HOMES 1 1 i / 83 LINE TABLE REGISTERED UNE LENGTH BEARING PROFESSIONAL Ll 25.00' N88150'31"W L2 14.35' N01*3953"E AND WR. VEYOR GD L3 27.25' 50139'53"WW RE GON JULY 11, 2000 CURVE TABLENDY A. HALCUMB NO LENGTH RADIUS DELTA CHORD BEARING Ic 1 58928 LS Cl 29.06' 35.00' 47*34'30' 28.23 N6358'19'E EXPIRATION 06/30/05 --04F OPUS NORTHWEST flamers AREA NO. 25 2751 )c T' Ll En & 1000 SW BROADWAY, SUITE 1130 Surveyors IN THE NORTHEAST 1/4 OF SECTION 13 PORTLAND, OREGON 97205 [L)esign Group,Inc T. 2S., R. 1W., W.M. 3300 NX 21ITh IERRACE (503) 916-8963 Hit I SRORO, OREGON 97124 WASHINGTON COUNTY, OREGON PHONE(503)958-424.2 FAK{503}845-5500 xmismm 2/15/04 cm ATTACHMENT 2 BALL, JANIK LLP A T T O R N E Y S 101 SOUTHWEST MAIN STREET, SUITE 1100 PORTLAND, OREGON 97204-3219 www.balljanik.com KmsnN UDVARI kudvari@bjlip.com ALSO ADMnTED IN WASHINGTON TALEPHONE 5 8 FAcsIMILE S03-293-295-1058 a o w s March 17, 2004 BY MESSENGER City Council City of Tigard City Hall 13125 SW Hall Blvd. Tigard, OR 97223 Re: Request to Vacate Portions of Former SW 72nd Avenue Right-of-Wa Dear Council Members: Ball Janik LLP represents Opus Northwest, L.L.C., one of the developers of Bridgeport Village. As part of the Bridgeport Village project, SW 72nd Avenue is being realigned, as depicted on the attached maps. Therefore, the land underlying the farmer route of SW 72nd Avenue should be vacated and conveyed to the appropriate property owners. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) depicted on the attached maps are subject to Tigard's jurisdiction. Therefore, pursuant to Tigard Municipal Code Section 15.08, Opus Northwest, L.L.C. hereby requests that the City Council initiate the vacation process for the portions of the former right-of-way of SW 72nd Avenue described in the attached legal descriptions. As required by TMC § 15.08, attached are legal -•ODMA\PCDOCS\PORTLAND\442929\1 PORTLAND,OREGON WASHINGTON, D.C. BF,ND, OREGON BALL JANIK 1_1.P City of Tigard March 17, 2004 Page 2 descriptions, maps showing the areas to be dedicated, and a check in the amount of$1,709 for the application fee. Sincerely, stin Udvari KU:jmm Enclosures cc: Mr. Matt Scheidegger, City of Tigard Ms. Kim McMillan, City of Tigard Mr. Greg Miller, Washington County Mr. Ken Bauer, Washington County Mr. Mike McKillip, City of Tualatin Mr. Roger Hansen, ODOT Mr. Bruce Wood, Opus Northwest, L.L.C. Mr. Tom Parsons, Opus Northwest, L.L.C. ::ODMA\PCDOCSiPORTLAND144292911 ATTACHMENT 3 DA co _ NN CD < �� SbV UPPER B -------- RD 0 m I OONES FERRY --_ :7- O G,o c i �C� t� sad SW 72ND AVE F Tt, s� In I 1 - _ _1 F� F a — O £ ij V' Iloll p - �a��a �9 _ Z IIoII _ 36 ^p:wA=gym -.e rn II o II to N A J N p ? O rq` � N � � �F ac 1I II D N.m1L�� SIA J Request to Schedule a Council Agenda Item - File ivith Cathy Wheatley or email to #Agenda- Meeting Date Tuly 13, 2004 Packet Material Due Tune 29, 2004 at 5 p.m. Agenda Topic (state as you want the title to appear on the agenda) 721,d Avenue Public Right-of-Way Street Vacation Meeting Type/Item Placement Item Information (check all that apply) Business - Executive Session F1 Local Contract Review Board ❑ Business - Business Meeting Motion requested (specify below) [-1 Business -Consent Agenda ❑ Ordinance Business -Study Meeting ❑ PowerPoint presentation ❑ Special F-1 Public Hearing ❑ Special - Executive Session F-1 Public Hearing- Informational ❑ Workshop ❑ Public Hearing-Legislative ❑ Public Hearing -Quasi-judicial Receive and File ❑ Resolution ❑ Estimated time needed at meeting (not required for consent agenda) 15-20 minutes Staff contact person(s) Mathew Scheidegger If a motion (other than an ordinance or resolution) is requested, please specify "Should Council N I A If a legal ad is required, please specify your publication date 6/24/04 & 7/1/04 Other information/instructions N/A Remember to submit an Agenda Item Summary and Fact Sheet with your packet materials. 1:\ADM\FORMS\REQUEST TO SCHEDULE FOR WEB POSTING.DOC Request to Schedule a Council Agenda Item -File with Cathy OAeatley or email to #Agenda - Meeting Date 05-11-04 Packet Material Due 04-27-04 at 5 p.m. Agenda Topic (state as you want the title to appear on the agenda) SW 72th Right-of-way Vacation Initiation Meeting Type/Item Placement Item Information (check all that apply) Business - Executive Session ❑ Local Contract Review Board ❑ Business - Business Meeting ❑ Motion requested (specify below) Business -Consent Agenda ® ordinance ❑ Won Business - Study Meeting ❑ PowerPoint presentation ❑*i 5 Special ❑ Public Hearing ❑addire54 Special - Executive Session ❑ Public Hearing- Informational ❑ �� Workshop ❑ Public Hearing - Legislative ❑ad fr)9 Public Hearing - Quasi-Judicial ❑ V Sd( L C Receive and File ❑ Resolution ® , Estimated time needed at meeting (not required for consent agenda) N A Staff contact person(s) Mathew Scheidegger If a motion (other than an ordinance or resolution) is requested, please specify "Should Council Initiate vacation proceedings to vacate three small segments (0.1 acres total) right-of-way better known as SW 72nd Ave for road realignment. If a legal ad is required, please specify your publication date Other information/instructions Remember to submit an Agenda Item Summary and ed Fact Sheet with your packet materials, �prcces 11�'S bee 1AADMIFORMS\REQUEST TO SCHEDULE FOR WEB POSTING.DOC a ltem date` V ov< REQUEST FOR COMMENTS CITY OFTIGARD Community Development ShapingA Better Community DATE: May 14,2004 TO: Barbara Shields,Long Range Planning Manager FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Associate Planner Uc24371 Phone:150316394171/Fax:15031684-7297 BE: VACATION (VAC) 2004-00001 ➢ 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TO VACATE: The applicant is requesting that the City of Tigard vacate an approximately 4,387 square foot portion of SW 72nd Avenue, near the intersection of SW 72 d Avenue and Bridgeport Road. Vartions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Boarfers/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of nd Avenue in connection with the relocation of the Bridgeport Villa urant and the Durham Quarry commercial center a applicant's client, Opus Northwest is also in for ide velopment Review for a new access into the oar rs/Bed Bath and Beyond commercial center (SD 3-00017) in conjunction with the relocation of the eport Village restaurant. The approval will be conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. DATE REQUEST WAS FILED: March 17, 2004 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 proosal in the near future. If you wish to comment on this application, W157 1 `0V �C Ml�N1,Si � I C# You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by 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 mafts@ci.tigard.or.us. PLEASE CHECK THE FOLLOWING ITEMS THAT,APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: r Name&Phone Number of Person Commenting: REQUEST FOR COMMENTS CITY OFTIGMD Community Deveropment DATE: May 14,2004 RECEIVED PLANNING ShapinyABetwCommunity MAY 2 6 2004 CITY OF TUALATIN TO: City of Tualatin Planning Manager RECEIVED FROM: City of Tigard Planning Division CITY OF TIGARD MAY 17 2001 STAFFCONTAR Mathew Scheideggor,Associate Piannertx24371 COMMUNITY DEVELOPMENT Phone:15031639-4171/Fax[5031684-1297 ECONOMIC DEV DIVISION BE: VACATION (YAC) 2004-00001 ➢ 72"° AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TO VACATE: The applicant is requesting that the City of Tigard vacate an approximately 4,387 square foot portion of SW 72"d Avenue, near the intersection of SW 70d Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Boarders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72"d Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest is also in for Side Development Review for a new access into the Boarders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval will be conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. DATE REQUEST WAS FILED: March 17, 2004 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 pre are and a decision will be rendered on the ro osal in the near future. If you wish to comment on this application, You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by 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�rM 97223 or by e-mail to matts@ci.tigard.or.us. LEASE CHC �M FdI�f}��N L M/ ¢Spix �.1�`.'ro} 'na'n l 'y-- We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ��+(¢d�� Se�z. Co`C'�,A��.-cn�F��necr;k.c.� 171v�s�o! •, Gd�.n�T c�t'b3c,S�t�� . �� Ca�u�1�fi� C'dn�w�Kr►ti� �eae�10M-e�-�' de.,�rfT'w__ytiZ' �� ►� t1�n.at_�y►S�o►-.. Name&Phone Number of Person Commenting: 1A\A►ti^ r r�� 6q I-3 Q-7 MEMORANDUM DATE: May 18, 2004 TO: Will Harper, AICP Associate Planner FROM: Dayna Johnson, E Engineering AssocX6� SUBJECT: City of Tigard —Vacation 2004-0001 Will, Following are the Engineering department's comments on the City of Tigard Vacation 2004-0001 — 72nd Avenue Public Right-of-Way Street Vacation: • Provide an extension of the 50' public utility easement over the existing City of Tualatin waterlines located within the subject properties to be vacated. A copy of the recorded Bridgeport Village partition plat is included, and shows the 50' public utility easement over the existing Tigard & Tualatin waterlines located on Parcel 3 (relocated Village Inn site) to the south. If you have any questions, give me a call, 503-691-3036. REQUEST FOR COMMENTS CITY OFTIGARD Community Development ShapingA Better Community DATE: May 14,2004 TO: Richard Jackson,Qwest Communications Engineering RECEIVED PLANNING FROM: City of Tigard Planning Division JUN 1 0 2004 STAFF CONTACT: Mathew Scheidegger,Associate Planner U24311 CITY OF TIGARD Phone:(50316394171/Fax:15031684-7297 BE: VACATION (YAC) 2004-00001 ➢ 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TO VACATE: The applicant is requesting that the City of Tigard vacate an approximately 4,387 square foot portion of SW 72nd Avenue, near the intersection of SW 72nd Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Boarders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest is also in for Side Development Review for a new access into the Boarders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval will be conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. DATE REQUEST WAS FILED: March 17, 2004 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 re ared and a decision will be rendered on the ro osal in the near p p future. If you wish to comment on this application, You Fl iay use U K; SpaC6 jai V: ; be!c.•: cr attach a separate tetter to return yokir comments. If you are unable to respond by 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. PFC3LEASE CFiECKTHE LtW1NG IT, �It15 T-[A`J ?P ' . �,' k„t�. . We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name& Phone Number of Person Commenting: 3 f oZ - S Q REQUEST FOR COMMENTS CITY OFn6ARD Community(Development Shaping,A Oet ter Community DATE: May 14,2004 TO: Brian Bager,Public Works Engineering Manager RECEIVED PLANNING FROM: City of Tigard Planning Division MAY 2 8 2004 STAFF CONTACT: Mathew Scheidegger,Associate Planner(x2437) CITY OF TIGARD Phone:(503)639-4171/Fax(5031684-7297 RE: VACATION (VAC) 2004-00001 ➢ 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION 4 NOTICE OF INTENT TO VACATE: The applicant is requesting that the City of Tigard vacate an approximately 4,387 square foot portion of SW 72°d Avenue, near the intersection of SW 72 d Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Boarders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest is also in for Side Development Review for a new access into the Boarders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval will be conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. DATE REQUEST WAS FILED: March 17, 2004 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 proposal in the near future. If you wish to comment on this application, -1EzX9E I� E. � � � ` 1 �. ,�}{1 You may use the space provided below or attach a separate letter to return your comments. if you are unable to respond by 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. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: t Wt D16 POpi �t-- Name&Phone Number of Person Commenting: X —I REQUEST FOR COMMENTS CITY OF TIGARD Community Development SfiapingA Better Community DATE: May14,2004 RECEIVED PLANNING TO: Cly of Durham City Manager MAY 2 0 2004 FROM: City of Tigard Planning Division CITY OF TIGARD MAY 17 2004 STAFF CONTACT: Mathew Scheidegger,Associate Planner[x24311 ----_ Phone:15031639-4111/Fax:(503)684-1291 RE: VACATION C)'2004-00001 ➢ 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TO VACATE: The applicant is requesting that the City of Tigard vacate an approximately 4,387 square foot portion of SW 72nd Avenue, near the intersection of SW 72 d Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Boarders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72�d Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest is also in for Side Development Review for a new access into the Boarders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval will be conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. DATE REQUEST WAS FILED: March 17, 2004 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 roposal in the near future. If you wish to comment on this application, WE'W VDiX. 111,1 1?� t � f: . 11 , i >I? You may use the space provided below or attach a separate letter to returr your comments. if you are unable to respond by 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. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name& Phone Number of Person Commenting: � � REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA(Better Community DATE: May 14,2004 TO: Carl Torland,00111IT/Region 1- Right-oll-Way Section RECEIVED PLANNING FROM: City of Tigard Planning Division MAY 2 0 2004 STAFF CONTACT: Mathew Scheidegger,Associate Planner 112431) CITY OF TIGARD Phone:(5031639-4171/Fax:15031684-7297 BE: "CATION QAC) 2004.00481 > 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION NOTICE OF INTENT TO VACATE: The applicant is requesting that the City of Tigard vacate an approximately 4,387 square foot portion of SW 72nd Avenue, near the intersection of SW 72�d Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Boarders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest is also in for Side Development Review for a new access into the Boarders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval will be conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. DATE REQUEST WAS FILED: March 17, 2004 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 proposal in the near future. If you wish to comment on this application, _Wk-'NEEVY,0 You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by 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. PLE#6-8 CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name&Phone Number of Person Commenting: J, REQUEST FOR COMMENTS CITY OFTIGARD Community lneve(opment ShapingA Better Community DATE: May 14,2004 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Associate Planner[x24311 Phone:15031639-4111/Fa)e15031684-1291 BE: VACATION (VAC) 2004-00001 ➢ 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION Q NOTICE OF INTENT TO VACATE: The applicant is requesting that the City of Tigard vacate an approximately 4,387 square foot portion of SW 72nd Avenue, near the intersection of SW 72 d Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Boarders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest is also in for Side Development Review for a new access into the Boarders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval will be conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. DATE REQUEST WAS FILED: March 17, 2004 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 proposal in the near future. If you wish to comment on this application, WE�EEI�§§ CT 'CC�Et A ,. , � ;. .. €)I You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by 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. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Name& Phone Number of Person Commenting: TY OF TIGARD REQUEST I'M -OMMENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: 1 ' - - FILE NAME: CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central kEast ❑South [West @Proposal Descrip.in Library CIT Book CITY OFFICES (V LONG RANGE PLANNING/Barbara Shields,Planning Mgr. COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. _POLICE DEPT./Jim Wolf,Crime Prevention Officer _BUILDING DIVISION/Gary Lampella,Building Official t ENGINEERING DEPTJKim McMillan,Dvlpmnt.Review Engineer^PUBLIC WORKS/Matt Stine,Urban Forester _CITY ADMINISTRATION/Cathy Wheatley,City Recorder k PUBLIC WORKS/Brian Rager,Engineering Manager 1 PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*,!V TUALATIN VALLEY FIRE&RESCUE+!E _ TUALATIN VALLEY WATER DISTRICT�k _ CLEANWATER SERVICES R 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 JURISDICTIONS CITY OF BEAVERTON CITY OF TUALATIN OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager y 2501 SW First Avenue y Melinda Wood _ 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&PLANNING _OR.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 CONSERV.&DVLP. Kathryn Harris Mel Huie,Greenspacescoordinator(CPA/ZOA) Larry French(comp.Plan Amendments Only) Routing CENWP-OP-G _CITY OF KING CITY _ Jennifer Budhabhatti,Regional Planner(wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager C.D.Manager,Growth Management services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY OR.DEPT.OF ENERGY(Poweriines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transportati( Bonneville Power Administration Tom 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 Steve Conway(General Apps) Lake Oswego,OR 97034Gregg Leion(CPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 lit —Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Ma rah Danielson,Development Review Coordinator —Brent Doria Mateja(ZCA)Ms 14 Planning Bureau Director Regional Administrator _1>e-Carl Toland, Right-of-Way Section(vacations) ,Sr.Cartographer(cPA2cA)Ms 14 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A ODOT,RAIL DIVISION _STATE HISTORIC Dave Austin(WCCCA)"ett"(M...pa.T.w l Jane Estes,Permit specialist (Notify if ODOT R/R-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Bax 6375 5440 SW Westgate Drive,Suite 350 Craig Reiley (Notify if Property Has HD overlay) Beaverton,OR 97007-0375 Portland,OR 97221-2414 555-13`n Street,NE,Suite 3 1115 Commercial Street,NE Salem,OR 97301-4179 Salem,OR 97301-1012 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE RIR,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.RIR _METRO AREA COMMUNICATIONS COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Randy Bice (S<Mwra ACwtwu (If Project is Within Z 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 t;4-PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY )'(VERIZON t QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Richard Jackson,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rat 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 _TIGARD/TUAL.ATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. COMCAST CABLE CORP. Marsha Butter,Administrative Offices Jan Youngquist,Demographics Alex Silantiev(s»MW kxA—C.t-) Diana Carpenter(App,EofH�Ndaew) 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 S00'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:\pattytmasters\Request For Comments Notification List.doc (UPDATED: 25-Feb-04) (Also update:"is\curpinlsetupllabelslannexation_utilities and franchises.doc"when updating this document) CD Postal aCERTIFIED MAIL RECEIPT rD (Domestic ul r%_ M M Postage $ (� C3 0 O Certified Fee C3 ReturnReceipt Fee Postmark Here (Endorsement Required) cO Restricted Delivery Fee C3 (Endorsement Required) rU Total Postage&Fees C3 o sent To VERIZON r` steep;AE ATTN: KEN PERDUE, ENGINEERIN( or Po en, PO BOX 1100 ciiy,st"' BEAVERTON OR 97075-1100 SENDER- C�NMPLETE THIS SEC7/ON ■ Complete items 1,2,and 3.Also complete A. ' nature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse Xmvrao Addressee so that we can return the card to you. Reci d by(Printed Name) C. Date of Deliv*ry ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1 '"7 n D. Is delivery address difft r iterri 1? lye's 1. Article Addressed to: If YES,enter delivery address below: ❑ No VERIZON ATTN: KEN PERDUE, ENGINEERING PO BOX 1100 BEAVERTON OR 97075-1100 3. Service Type IX Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 0860 0003 4637 5818 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 U.S.Postal Service ru M CERTIFIED MAIL RECEIPT D. .- r- m M Postage $ 0 C3 Certified Fee O Postmark C3 Return Receipt Fee Here ..A (Endorsement Required) cD Restricted Delivery Fee O (Endorsement Required) ru Total Postage&Fees C3 Sent? PORTLAND GENERAL ELECTRIC Street; ATTN: KEN GUTIERREZ orPof 9480 SW BOECKMAN ROAD city,St. WILSONVILLE OR 97070 :rr tr r SENDER: ■ Complete items 1,2,and 3.Also complete 7Signature item 4 if Restricted Delivery is desired. �� ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. ed by(Printed Name) C. D e of livery ■ Attach this card to the back of the mailpiece, 14 M,4� or on the front if space permits. D. Is delivery address different from item 1 ©Y 1. Article Addressed to: If YES,enter delivery address below: ❑No PORTLAND GENERAL ELECTRIC ATTN: KEN GUTIERREZ 9480 SW BOECKMAN ROAD 3. service Type WILSOWILLE OR 97070 jig Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.C.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 0860 0003 4637 58312 (transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt r 102595.02-M-1540. (DomesticLn U.S.Postal Service nj CERTIFIED MAIL RECEIPT co only; Ln m ..o rn Postage $ E:3Certified Fee } C3 Postmark C3 Return Receipt Fee Here (Endorsement Required) rO Restricted Delivery Fee C3 (Endorsement Required) r U Total Postage&Fees C3 entro COMCAST CABLE CORPORATION ATTN: RANDY BICE at pa 8a 14200 SW BRIGADOON CT city,stet BEAVERTON O 97005 SENDER. . ■ Complete items 1,2,and 3.Also complete ature item 4 if Restricted Delivery is desired. Ade ■ Print your name and address on the reverse ❑ dressee so that we can return the card to you. eived by(Print Name) C. Date of Delivery, ■ Attach this card to the back of the mailpiece, ' t or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No COMCAST CABLE CORPORATION ATTN: RANDY BICE 14200 SW BRIGADOON CT 3. Service Type BEAVERTON OR 97005 0 Certified Mail ❑Express Mate ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 0860 0003 4637 5825 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 rr i U.S.Postal Service =� CERTIFIED MAIL RECEIPT M (Domestic Mail OnIY;No Insurance Coverage Provided) Ln M Postage $ co E:3 Certified Fee C3 Return Recelpt Fee Postmark _n (Endorsement AequirecQ Here "D Restricted Delivery Fee C3 (Endorsement Required) c3 WASHINGTON COUNTY, OREGON r'- DEPT LAND USE & TRANSPORTATIONT ATTN: STEVE CONWAY 155 N FIRST AVE, STE 350, MS 13 b�—H11=L$130130 OR 97124 SENDER: COMPLEfE 7H), IIFC71011 • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. /4/3figent • Print your name and address on the reverse ddressee so that we can return the card to you. • Attach this card to the back of the mailplece, B. Roe by(Ptinted Name) Date of Delivery or on the front if space permits. D.71s delivery 7address different from item 1? 0 Yes 1. Article Addressed to: If Y s, tar if YES,enter delivery address below: 0 No WASHINGTON COUNTY, OREGON DEPT LAND USE &TRANSPORTATION, ATTN: STEVE CONWAY Service Type 155 N FIRST AVE, STE 350, MS 13 0 Certified Mail 13 Express Mail HILLSBORO OR 97124 0 Registered [3 Return Receipt for Merchandise E3 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 13 Yes 2. mtiv PS Fon ��M-`~m C3 U.S. Postal Service r, ' CERTIFIED MAIL RECEIPT cO 1 (Domestic Mail Only; No Instirance Coverage Provided) ul m M Postage $ C3 C3 O Certified Fee p�. 30 Return Receipt Fee Postmark -00 (Endorsement Required) Here cO Restricted Delivery Fee C3 (Endorsement Required) fU Total Postage d Fees o -ye-CITY OF DURHAM ATTN: CITY MANAGER % 17160 SW UPPER BOONES FERRY RD 64 PO BOX 23483 IVITIGARD OR 97281 SENDER: COMPLEff TF41S SECJ�Or ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. gent ■ Print your name and address on the reverse40F�—"S;�4ressee so that we can return the card to you. B. Received by(Printed Ne f livery ■ Attach this card to the back of the mailpiece, r,� or on the front if space permits. D. Is delivery address diffe1? ❑ 1. Article Addressed to: If YES,enter delivery add b w:_ �0 0 CITY OF DURHAM ATTN: CITY MANAGER 17160 SW UPPER BOONES FERRY RD 3. Service Type PO BOX 23483 IN Certified Mail ❑Express Mail TIGARD OR 97281 ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 0860 0003 4637 5870 (Transfer from service Iat,1eQ PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 Postal Service CERTIFIED MAIL RECEIPT cO I (Domestic Mail Only;No insurance Coverage Provided) Ln, 1716- M M Postage C3 C3 C3 Certified Fee 2 Postmark C-3 Return Receipt Fee Here _a (Endorsement Required) c0 Restricted Delivery Fee E3 (Endorsement Required) nj Total Postage&Fees $ y6s C3 r r— sena CITY-3 OF TUALATIN jjj;wej, ATTN: PLANNING MANAGER ......... or-PO 18880 SW MARTINAZZI AVENUE-------- city,S TUALATIN OR 97062 SENDER: COPOPLETE THIS S�ECTIOPI • Complete items 1,2,and 3.Also complete A. Si ature item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse A. N"Addressee so that we can return the card to you. i Received MyPr6d Name) C. Daof Delivery • Attach this card to-the back of the mallplece, q; )0._z_V' )fmAJR44� V or on the front if space permits. rI _/D. Y2�N T.-Article Addressed to: Is deliver#address different from item 1? U Yes If YES,enter delivery address below: 0 No CITY OF TUALATIN ATTN: PLANNING MANAGER 18880 SW MARTINAZZI AVENUE 3. Service Type TUALATIN OR 97062 9 Certified Mail 0 Express Mail 0 Registered 13 Return Receipt for Merchandise 13 Insured Mail Q C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number ?002 0860 0003 463? 5863 (Transfer from service labeo PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1544 U.S.Postal Service Ln! CERTIFIED MAIL RECEIPT rV I (Domestic mail Only;No Insurance Coverage Provided) Ln 17- M M Postage $ r-3 O M Certified Fee C:I Return Receipt Fee Postmark (Endorsement Required) Here —0 EO Restricted Delivery Fee C3 (Endorsement Require") rjj Total Postage&Fees C3 1=1 Sent? ODOT—REGION 1 , DISTRICT 2A — r. ......... ATTN: CARL TORLAND street, or PO i RIGHT-OF-WAY SPECIALIST 123 NW FLANDERS -------- PORTLAND OR 97209-4037 j SENDER� COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signs item 4 if Restricted Delivery is desired. X n�k Agent ■ Print your name and address on the reverse �03 Addresses so that we can return the card to you. B. R 711h, ty(Printed Name) Date of Deiive 0 Attach this card to the back of the mailpiece, or on the front if space permits. -3�&V% V I fv- 'U— D. Is delivery address differEnW item 1? 13 Yes 1. Article Addressed to: If YES,enter delivery address below; 1:3 No ODOT—REGION 1, DISTRICT 2A ATTN: CARL TORLAND RIGHT-OF-WAY SPECIALIST 3. Service Type 123 NW FLANDERS 14 Certified Mail Express Mail PORTLAND OR 97209-4037 13 Registered 0 Return Receipt for Merchandise E3 Insured Mail 0 G.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 0860 0003 4637 5856 (Transfer from service label] Ps Form 3811,August 2001 Domestic Return Recelpt 102595-o2-M-1540 (DomesticU.S. Postal Service rc- CERTIFIED MAIL RECEIPT co Only; No insurance CoverageProvided) Ln m M Postage $ 0 O Certified Fee 30 O Postmark C3 Return Receipt Fee Hem —0 (Endorsement Required) cO Restricted Delivery Fee C3 (Endorsement Required) rU Total Postage&Fees D C3 sent To Qwest Communications r` Attn: Richard Jackson, Engineering .-........ si�e'OBox"o 8021 SW Capitol Hill Rd., Room 110 or PD Box No p •.... ---state,------•-ZI! Portland, OR 97219 ""'"' Gi ■ Complete items 1,2,and 3.Also complete 77 ", Sig item 4 if Restricted Delivery is desired. 0 Agent Print your name and address on the reverse 0 Addressee so that we can return the Card to you. ame) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ncor on the front if space permits. `W D. Is del' address different item 1? O Yes 1. Article Addressed to: rF YES,enter delivery addr below: ❑No QWEST COMMUNICATIONS ATTN; RICHARD JACKSON, ENGINEERING 8021 SW CAPITOL HILL RD RM 110 PORTLAND OR 97219 o. oervice Type 14 Certified Mail ❑Express Mail 0 Registered ❑Return Receipt for Merchandise 13 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 0860 0003 4637 5887 {transfer from service label} . PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 AFFIDAVIT OF MAILING CITY OF TIGARD Community(Development Shaping,4 Better Community 1, (Patricia L.Lu d, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminittratimSpeciailist for the City of Tigar4 Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) nX NOTICE OF FINAL ORDER FOR:� VAC2004-00001/72" AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION ❑ AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: F-1 City of Tigard Planning Director F-1 Tigard Hearings Officer 0 Tigard Planning Commission 0 Tigard City Council (7/13/2004) A copy of the said notice being hereto attached, marked Exhibill"A", 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 Exhibit"B",and by reference made a part hereof, on JnIV 20,2004.and deposited in the United States Mail on JUIV20,2004,postage prepaid. (Person tl4fdPrep red Notic S%Aq�OF 09EGOW opunrwasfii�" C fty 7 I= Subscribed and sworn/affirmed before me on the day of 2004. OFFICIAL SEAL SUE ROSS NOTARY PUBLIC-OREGON COM3,MON P>;>7.375152 L OMMISSION EXPIRCES DEC.1,2007 NUT=BUBLIC UF UREGUN- NIYission Expires: I D.—1 CITY OF TIGARD, OREGON EXHIBIT W ORDINANCE NO. 04-01 AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 4,387 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 72°d AVENUE WHICH LIES TO THE SOUTHWEST OF THE BORDERS/BED BATH AND BEYOND COMMERCIAL CENTER, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON(VAC2004-00001), AND DECLARING AN EMERGENCY. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on May 1.1 t", 2004, and has been recommended by the Community Development Department; and WHEREAS, the approximate 4,387 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 4,387 square foot portion of public right-of-way as described in Exhibits "A-1, A-2, A-3" and shown in Exhibits "B-1, B-2,B-3" better known as SW 72nd Avenue; and WHEREAS, the said portion of public right-of-way is no longer necessary because of the realignment of SW 72'd Avenue in conjuntion with the new Bridgeport Village commercial center; 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 the existing 50-foot-wide utility easement is extended to cover utility lines within the vacated area; 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 July 13, 2004, 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 vacation of said public right-of-way is imperative to the success of the redevelopment of the Durham Quarry site for the mixed-use"Bridgeport Village"project. ORDINANCE NO.04-_� Page I of 2 i:\curphi\mathew\VAC\VAC2004-0000I.ord(public hearing) NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 4,387 square foot portion of public right-of-way as shown and described in the attached Exhibits "A" and "B" (legal descriptions and maps of the areas to be vacated), and by this reference,made part thereof. SECTION 2: An emergency is declared as the redevelopment of the Village Inn restaurant is contingent upon the realignment of SW 72"d Avenue and the relocation of the Village Inn restaurant in a prompt manner to enable the Village Inn to reopen at the earliest date possible; and the street vacation approved herein is necessary to accommodate the realignment and relocation of these facilities; therefore, this ordinance shall take effect immediately upon passage. PASSED: ByMnerilmo vote of all Council members present after being read by number and title only, this. day of ) 2004. Joe MeGarvin,Deputy City Recorder 11y, APPROVED: By Tigard City Council this day of '51� 2004. 11-9511�11" (�-ra-iDirksen,Mayor Approved as to form: City Atto y — -? - Date ORDINANCE NO.04-j! Page 2 of 2 i:\cLuphiVmthew\VAC\VAC2004-0000I.ord(public hearing) EXHIBIT A-1 3300 NW 211 th Terrace Hillsboro, OR 97124 L-CDC P 503.858.4242 F 503.645.5500 DESIGN GROUP,INC. www.ldcdesign.com "AREA NO. 6" March I Sy 2004 Legal Description A portion of the Northeast of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East '/ Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the North line of the Southeast '/ of said Section 13, N88-50-31-W, 1300.21 feet to the True Point of Beginning; thence continuing along said line, N88"50'31"W, 47.81; thence leaving said line, along a line parallel with and 20.00 feet distant and Westerly from the Centerline of S.W. 72rd Avenue, N01*39'63"E, 27.25 feet; thence leaving said line, along the are of a.35.00 foot radius non-tangent curve concave to the Southwest, through a Central angle of 41'4645" (Chord bears S71021'03"E, 24.96 feet) a distance of 25.52 feet to a point of tangency; thence S50*27'42"E, 25.83 feet to a point of curvature; thence along the are of a 18.00 foot radius curve concave to the Southwest, through a Central angle of 16*18'44" (Chord bears S42-18'26"E, 5.11 feet) a distance of 5.12 feet to the North line of the Southeast '/of said Section 13 and the True Point of Beginning. Containing 846 Square Feet(0.019-Acres). The Basis of Bearings is S88050'31"E along the North line of the Southeast 1/4 of Section 13, Township 2 South, Range I West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL AND S(MVEYORI RrGbN JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 EXHIBIT A-2 3300 NW 211th Terrace Hillsboro, OR 97124 Q' -L D CC, P 503.858,4242 F 503.645.5500 DESIGN GROUP,INC. www.ldcdesign.com "AREA NO. 9" March 15, 2004 Legal Description A portion of the Northeast 1 of Section 13, Township 2 South, Range I West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Comer of Section 13, Township 2 South, Range I West, Willamette Meridian; thence along the South line of the Northeast '/ of said Section 13, N88-50'31-W, 1282.64 feet; thence leaving said line, N01009'29"E, 20.00 feet to the Southwest Comer of that Tract of Land described In deed to Bridgeport Land LLC, recorded in Document Number 97061240, Washington County Deed Records; thence along the West line of said Tract of Land, N01*39'53"E, 35.80 feet to the True Point of Beginning; thence leaving said line, N50*2742"W, 26.77 feet to a point of curvature; thence along the arc of a 35.00 foot radius curve concave to the East, through a Central angle of 75*14'47" (Chord bears N12*50'18"W, 42.73 feet).a distance of 45.97 feet to a point of reverse curvature; thence along the arc of 471.00 foot radius curve concave to the Northwest, through a Central angle of 13*57'54" (Chord bears N17048'09"E, 114.52 feet) a distance of 114.80 feet to the West line of said Bridgeport Land LLC Tract of Land; thence along said line, S01 039'53"W, 167.81 feet to the True Point of Beginning. Containing 2,965 Square Feet(0.068 Acres). The Basis of Bearings is S88*50'31"E along the South line of the Northeast % of Section 13, Township 2 South, Range I West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL NDSSVPYEYORI -tRL60N JULY 11, 2000 CINDY A. HALCUMB — 58928 LS EXPIRATION 06/30/05 . EXHIBIT A-3 ' 33OONW211mTerrace HiUybono. DRQ7124-L CDC P 603.858�4242 F 603.645.5500 DESIGN GROUP,INC. vmxwv|dcdesign.nom "AREA NO. 25" February I S, 2004 Legal Description Aporbon of the Northeast 114 of Section 13. Township 2 South, Range 1 \8Aast. Willamette Mehdian. County of Washington, State of Oregon, being more particularly described as follows- Commencing at the 2-Inch Brass Disk marking the East % Corner of Section 13. Township 2 South, Range 1 VVeat. Willamette Meridian; thence along the North line of the Southeast }6 of said Section 13, N80"50'31"VV. 1348.02 feet to the True Point of Beginning; thence continuing along said hne. N88"50'31^VV. 25.00; thence leaving said |ine, along aUne parallel with and 45.00feet distant and Westerly from the Centerline ofS.VV. 72 d Avenue, MO1"3B'53^E. 14-35feet tmopoint mfnon-tangent curvature; thence leaving said |ine, along the arc of a 35.00 foot radius curve concave to the Goutheoot, through a Central angle of47"34'3O^ /{|hmmd boars N63058'1 9"E, 28.29 feet) m distance of 2S.00feet to a point of non-tangency; thence along a line parallel with and 20.00 feet distant and Westerly from said Centedine. S01 039'53"W, 27.25 feet tothe True Point of Beginning. Containing 576Square Feet/O.O13Acreo\. The Basis of Bearings is S88"50'31^E along the North line of the Southeast 1/4 of Section 13, Township 2 Qouth, Range 1 VVeot. Willamette Meridian per Survey Number 29,487. [ REGISTERED PROFESSIONAL �AND S�RVEYOR JULY 11 2000 CINDY A. HALCUMB 58928 LS EXPIRATION 06/30/05 ' EXHIBIT B-I MINITY MAP NOT TO SCALE I O �s �P N' Q Z 2 FIN A YS��N 5 Q J ` ST., I ^SW LOWER 3T� 0od) i a00NES UNCIL �o , yy`�$ FERRY RI) C� CRES N m o��F VIEW A N 9 31 32 33 13 I 12 1 FOUND 74 IRON PIPEI FOUND " BRASS RECOGNIZED CEN7ER DISK IN 4ON BOX OF SECTION 13 BASIS OF BEARINGS AN 2948 1 EAST 1 CORNER S88' 0'31"E 2656. 8' OF SECT ON 13 i C' I", 2 � 1 `?. , N88 50'31"W 1300.211 P.O. JEAN ROAD g 2 AREA / 846 SF p,TIN (0.019 AC) / TU) VALEY H I OMES 83 / / 1 J LINE TABLE REGISTERED �G LINE LENGTH BEARING PROFESSIONAL Ll 47.81' N8850'31"w ND S R VE YOR L2 27.25' N0139'537E 1 �j L3 25.83' S50'2742"E CURVE TABLE OL 11. 00 J0 NO LENGTH RADIUS DELTA CHORD BEARING CINDY A. HALCUMB Cl 25.52' 35.00' 41'4645- 24.96' S7121.03"E 58928 LS i C2 5.12' 18.00' 16'18'44' 5.11' S427826"E EXPIRATION 06/30/05 ars awi.to a� OPUS NORTHWEST P1an CD,=ikn DC �OOD�IIf�ROdQWAx�117E 11 Stirve nis JJN---IME-NORIHAREA NO. 6 2751 EASI�/�_i)F SES`,j1ON� — PORTLAND. OREGON 97205 ouA lw T. 2S., R. 1 W., W.M. 3300 N.N.211Th'TERRACE w�a (503) 916-8963 HRLSBORO,OREGON 27124 WASHINGTON COUNTY, OREGON PHONE(503)858-4242 or FAX(5 845-5500 27818ABD11O 3AS104 CAH rww.idedae .tom EXHIBIT B-2 VICINITY MAP (NOT TO SCALE) S wi ST AY 1 100' r4' �::SW LOWER 0 in Bo NES FERRY R ro 0 R/W RELINQUISHED PER DOC. NO. COUNCIL 84034659 VIEW ACRES tc-N, ?i 31 37 33 34 12 1U7C 3,,,GEpoRT LAND LLC 1,z I D NO- FOUNO IRON PIPE w 0 C�17-4 0 FOUND 2" BRASS RECOGNIZED CENTER c AREA 970 DISK IN MON BOX OF SEC77ON 13 ow FAST 114 CORNER N5027*42 Z 965 SF OF SEC77ON 13 26.770 (0.068 A Nol*39'53"E del I 35.80*—,1' N ROAD) Noldg,29 f SlfTE 7 S 4 plipEll 20.00' N8850'31-W 128284" BASIS OF BEARINGS - 29487/ 5885031,*E 2856.38' REGISTERED PROFESSIONAL /, ��1� [ LAND 5YRVEYORI os OREGON CUTAJULY 11, 200 0z RCINDY A. HALC um B NO LENGTH RADIUS DELTA CHORD BEARING 58928 LS Cl 45.97 35.00' 7574 47" 42.73' N12 5018"W EXPIRATION 06/30/05 C2 114.80' 471.00' 1,357#5,r 114.52' N17148'0191E r-mar"no OPUS NORTHWEST L Pknnm AREA NO. 9 2751 --A000-SW- 43331 -.-MffE-4130IN-TIHE-NOMEAST 1/4 OF SECTION 13 PORTLAND.OREGON 97205 D-0 97uA-1w T. 2S., R. i%, W.M. Jx"H.N.2117h'AMAM (503) 916-8963 MUSBWO,OREGM 9-n24 WASHINGTON COUNTY, OREGON PHONE(503)856-4242 27515AaJM 3/13/04 em EXHIBIT B-3 VICINITY AMP (NOT TO SCALE) � 'j S -'rN, 'PO "c FIND A S T.. 04Z Q i 100, CO 3SW LOWER CIL C) Ln a0ONES OUN FERRY RD c ACRES IN tai�fi VIEW 31 32 33 13 12 11 FOUND J/4' IRON PIPE FOUND 2' BRASS RECOGNIZED CENTER vi DISK IN MON BOX OF SECTION 13 BASIS OF BEARINGS — SN 29487 EAST 1/4 CORNER S88-50'31^E 2656.38' OF SECTION 13 L) N88*50'31'W 1348.02' JEAN ROAD 82 O.B. AREA LATIN 576 SF TUA (0.013 AC) VALLEY HOMES cq 3 —�INELINE TABLE REGISTERED LINE LENGTH BEARING Ll 25.00' N8850'31'W PROFESSIONAL L2 14.35' N0139'53"E AND WRVEYORI C3 r- LJ 27.25' S01'39'53'W - -/ 'OREGON JULY 11, 2000 CURVE TABLE CINDY A. HALCUMB NO LENGTH RADIUS DELTA CHORD BEARING , 58928 LS xCl 29.06' 35.004734'30' 28.23 N63*5819'E EXPIRATION 06/30/05 -I r� vft 1% OPUS NORTHWEST LDC) Epnlagniln—ffs AREA NO. 25 2751 1000 SW BROADWAY, SUITE 1130 Surveyors IN THE NORTHEAST 1/4 OF SECTION 13 PORTLAND, OREGON 97205 Design Group,Inc T. 2S., R. 1 W., W.M. (503) 916-8963 HWMNRX.2OREAC WASHINGTON COUNTY, OREGON PHONE-(503)858-42*2 PAK(503)645-5500 ZMSA25DW 2/15/04. CAN —Jdcd"ian.e EXHIBIT Ball Janik, LLP VAC2004-00001 ft Attn: Kristin Udvari 72"D AVENUE PUBLIC RIGHT-OF-WAY 101 Southwest Main Street, Suite 1100 STREET VACATION Portland, OR 97204-3219 Opus Northwest, LLC Sue Rorman Attn: Bruce Wood or Tom Parsons 11250 SW 82nd Avenue 1000 SW Broadway, Suite 1130 Tigard, OR 97223 Portland, OR 97205 City of Tualatin Naomi Gallucci Attn: Mike McKillip 11285 SW 78th Avenue 18880 SW Martinazzi Avenue Tigard, OR 97223 Tualatin, OR 97062 Washington County Michael Trigoboff Attn: Greg Miller, County Engineer 7072 SW Barbara Lane 1400 SW Walnut, MS 17-A Tigard, OR 97223 Hillsboro, OR 97123 Washington County Brad Spring Attn: Ken Bauer, County Surveyor 7555 SW Spruce Street 150 N. First Avenue, MS-15 Tigard, OR 97223 Hillsboro, OR 97124 Oregon Department of Transportation Alexander Craghead Attn: Roger Hansen, Region 1 Supervisor 12205 SW Hall Boulevard 123 NW Flanders Tigard, OR 97223-6210 Portland, OR 97209-4037 2S 1 13AD-01 700 David Chapman BRIDGEPORT LAND LLC 9840 SW Landau Place 3939 NW ST HELENS RD PORTLAND, OR 97210 Tigard, OR 97223 2SI 13AC-00103 PACIFIC REALTY ASSOCIATES John Frewing ATTN: N. PIVEN 7110 SW Lola Lane 15350 SE SEQUOIA PKWY#300 Tigard, OR 97223 PORTLAND, OR 97224 23113DB-00100 WASHINGTON COUNTY CPO 4B ATTN: TERESA WILSON PROP MGR 16200 SW Pacific Highway, Suite H242 169 N FIRST AVE MS-42 Tigard, OR 97224 HILLSBORO, OR 97124 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 AFFIDAVIT OF MAILING CITY OF TIGARD Community(Development Shajoing,A(Better Community 1, Patricia L. LU"W being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminiarative Speckikut for the City ofTigari(Wajhiqt=Couwy, Oregon and that I served the following: {Check Appropriate Box(s)Below) Z NOTICE OF PUBLIC HEARING FOR: � VAC 2004-00001 — 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION (File No./Name Reference) HEARING BODY: HEARING DATE: City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council (7/13/2004) A copy of the said notice being hereto attached, marked EXhibit"A",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 E011111"B",and by reference made a part hereof, on June 21,2004,and deposited in the United States Mail on June 21,2004, postage prepaid. (Person that-R-repared Notice z I SM2�CW OUG&X S DuNyard S. cay j Subscribed and sworn/affirmed before me on the day of 2004. OFFICIAL SEAL S SUE ROSS Y PUB -OREGON NOTARY PUBLIC COMMISSION N06.375152 0 1 0 4A= EX MY co%wiSSION EXPIRES DEC,1,2007 NOTARY TMK�111 Of OREGON MY com ion Wires: NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: EXHIBIT A THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. cm of TIGARD Community Devefopment Shapin A 43etterCommunity CITY OF TIGARD NOTICE OF STREET VACATION & PUBLIC NEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY JULY 13 2004 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 (YAC) 2004-00001 FILE TITLE: 72"D AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT'S Ball Janik, LLP APPLICANT: OPUS Northwest REP.: Attn: Kristin Udvari 1000 SW Broadway 101 Southwest Main Street, Suite 1100 Suite 1130 Portland, OR 97204-3219 Portland, OR 97205 REQUEST: The applicant is requestingg that the City of Tigard vacate an approximately 4,387 Square foot portion of SW 72"d Avenue, near the intersection of SW 72" Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Boarders/Bed Bath and Beyand commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest has been approved for Site Development Review for a new access into the Boarders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation CIT the Bridgeport Village restaurant. The approval has been conditioned upon the successful completion of this requested vacation. The majority of the land underlyingthe former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard"s jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. LOCATION: Southwest 72nd Avenue, near the intersection of SW 72nd Avenue & Bridgeport Road. DATE REQUEST WAS FILED: March 17, 2004 THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON MAY 11, 2004 BY SETTING A FORMAL PUBLIC HEARING DATE OF JULY 13. 2004 (Resolution No. 04-30). 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 JULY 13 2004 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 (25�) 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 EMAIL TO MATTS(a CI.TIGARD.OR.US. CITY eFflea.erco f 11211oH S.,7EM VACINITY M" Xi — VAC2004-OOOQ i - - - 72ND AVENUE PUBLIC - 7, RIGHT-OF-WAY VACATIONI lC _ ��__.._' cc �F \, 4 C1 m IND Y � T �N )dnuktE LocationBeing Vacated— "�- 4--__..-1 :,apo \ h T i v Z�� tl 20Q - 6a0 600 F8e1 a.id b::V mreouCity ityp;Ioe fa T9iagneatc2d SWIDGEPg- (503)W.4171 \1 713n125$WfbllEHW 7prd,OR 97723 ' b scearvtieicnews vtNywasritlm Ball Janik, LLP VA 02004-00001 EXHIBIT Attn: Kristin Udvari 72 ND AVENUE PUBLIC RIGHT-OF-WAY STREET 101 Southwest Main Street, Suite 1100 VACATION Portland, OR 97204-3219 Opus Northwest, LLC Sue Rorman Attn: Bruce Wood or Tom Parsons 11250 SW 82nd Avenue 1000 SW Broadway, Suite 1130 Tigard, OR 97223 Portland, OR 97205 City of Tualatin Naomi Gallucci Attn: Mike McKillip 11285 SW 78th Avenue 18880 SW Martinazzi Avenue Tigard, OR 97223 Tualatin, OR 97062 Washington County Michael Trigoboff Attn: Greg Miller, County Engineer 7072 SW Barbara Lane 1400 SW Walnut, MS 17-A Tigard, OR 97223 Hillsboro, OR 97123 Washington County Brad Spring Attn: Ken Bauer, County Surveyor 7555 SW Spruce Street 150 N. First Avenue, MS-15 Tigard, OR 97223 Hillsboro, OR 97124 Oregon Department of Transportation Alexander Craghead Attn: Roger Hansen, Region 1 Supervisor 12205 SW Hall Boulevard 123 NW Flanders Tigard, OR 97223-6210 Portland, OR 97209-4037 2S 1 13AD-0 1700 David Chapman BRIDGEPORT LAND LLC 9840 SW Landau Place 3939 NW ST HELENS RD PORTLAND, OR 97210 Tigard, OR 97223 2S 1 13AC-00 103 PACIFIC REALTY ASSOCIATES John Frewing ATTN: N. PIVEN 7110 SW Lola Lane 15350 SE SEQUOIA PKWY#300 Tigard, OR 97223 PORTLAND, OR 97224 2SI13DB-00100 WASHINGTON COUNTY CPO 4B ATTN: TERESA WILSON PROP MGR 16200 SW Pacific Highway, Suite H242 169 N FIRST AVE MS-42 Tigard, OR 97224 HILLSBORO, OR 97124 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 RO. BOX 370 PHONE(503)684-0360 Notice F BEAVERTON, OREGON 97075 Legal �tntlr_a dtiilrnrtir irs.. 'City of Tigard CITY OF TIGARD 3.3125 SW Hall Blvd. OREGON 'Tigard,Oregon 97223 • Accounts Payable NOTICE OF STREET VACATION&PUBLIC HEARING VACATION(VAC)2004-00001 Q� 72ND AVENUE PUBLIC RIGHT OF-WAY STREET VACATION< AFFIDAVIT OF pUB The Tigard City Council will hold a public hearing on Tuesday July ---. STATE OF OREGON, 13, 2004 at 7:30 PM at the Tigard City Hall, Town Hall Room, COUNTY OF WASHINGTON, ) SS 13125 SW Hall Boulevard, Tigard, Oregon 97223 to consider the proposed vacation involving an approximately 4,387 square foot i,—L<a t by Snyder portion of SW 721 Avenue,near the intersection of SW 721 Avenue being first duly sworn, depose and say and Bridgeport Road. P Y that I The portions of SW 721 Avenue that have been requested to be Director, or his principal clerk, of theTars vacated are to the southwest of the Boarders/Bed Bath and Beyond a newspaper of general circulation as defint commercial center. The reason for the vacation request is for the and 193,020; published at TLaard realignment of SW 7211 Avenue in connection with the relocation of aforesaid county and state; that the P u b 1 i the Bridgeport Village,restaurant and the Durham Quarry commercial VAC 2 0 0 4—0 n 0 0 l , '70 Ave Right center. The applicant's client;Opus Northwest has been approved for a printed copy of which is hereto annexed, w Site Development Review for a new access into the Boarders/Bed entire issue of said newspaper for TWO Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. consecutive in the following issues: The approval has been conditioned upon the successful completion.of the requested vacation. June 2 4 ,July 1, 2 0 0 4 ''fie m* ty of the land iiMerlying the former right-of-way-is within e jurisdiction of the Cftyof Tualatin. However,ithe three small segmenis (0.1 acres total) are subject to Tigard's jurisdiction. With the sumessful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. The request was filed with the City on March 17,2004 and initiated "' and sworn to,#efa me thisLst.�by the City Council at the request of the applicant on May 11,2004. / 1 Any interested person may appear and be heard`for or against the ,�- proposed vacation of said 721 Avenue Public Righi-of-Way Street -4,e!2 Vacation. Any written objections or remonstrances shall be filed with r`ity Recorder by 7:30 PM on July 13 2004. -tion mnv ht-, nhtaineri frnm the Planning Division 01 - TLE �— KB J 1 - 3 I G ~i J i CD /ANT �� A icn p S \ W UPPER f ONES FERRY �- -- — -� �I I I I 7iGA j o2 �I O tG sT I SW 721\1D AVE �o I I A I III IIS � I I I ; � ° - IFT - m� o 'm°1; ao° o II N II 5 m r*CL N No D � �_ � ° z �vc II II , wa m ii �.�A:� o z► B.3 ', arc II c II = p c N zo Np °« II II N . N � m3 ; II II m V II II . ~ 26113Ao�/700 BRIDGEPORT LAND LLC 3g3SNvvGTHELENS no PORTLAND, OR 97210 2m1 13Ao-00103 PACIFIC REALTY ASSOCIATES ATTw: N. P|YEN 1535nGESEQUOIA PKWY#3OO PORTLAND, ORS722w 2sMo13'00100 WASHINGTON COUNTY ATTw:TERE8AWILSON PROP MGR 169NFIRST AVE MG'4z H|LLSBORO.DR 971e4 2o1 13«o'01200 WASHINGTON COUNTY ATTm:TEnE8AWILSON PROP MGR 16SwFIRST AVE mS-*u H|LLS8OR0.DR 97124 I I . Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78t'Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curp1n\setup\1abe1s\C1T East.doc) UPDATED: 23-Feb-04 CITY OF TIGARD Community Development ShapingA Better Community FILE NO.: VACATION (VAC) 2004-00001 FILE TITLE: 72"D AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT'S Ball Janik, LLP APPLICANT: OPUS Northwest REP.: Attn: Kristin Udvari 1000 SW Broadway 101 Southwest Main Street, Suite 1100 Suite 1130 Portland, OR 97204-3219 Portland, OR 97205 REQUEST: The applicant is requesting that the City of Tigard vacate an ap roxi�nately 4,387 square foot portion of - Y2nd Avenue, near the intersection of SW 72n Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Boarders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest is also in for Silre Development Review for a new access into the Boarders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval will be conditioned upon the successful completion of the requested vacation. The majority of the land underIyin the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard s jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. LOCATION: Southwest 72nd Avenue, near the intersection of SW 72nd Avenue & Bridgeport Road. DATE REQUEST WAS FILED: March 17, 2004 CIT AREA: East DECISION MAKING BODY BELOW: DATE COMMENTS WILL BE SENT: MAY 14,2004 DATE COMMENTS ARE DUE: JUNE 14, 2004 ® CITY COUNCIL DATE TO INITIATE VACATION PROCEEDINGS: TUESDAY- 5/11/04 TIME: 7:30 ® CITY COUNCIL DATE OF PUBLIC HEARING: (Tentative) TUESDAY—7/13/04 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:lpattylmasterslstreet and easement vacation schedule.doc Updated:4-Mar-02 Jul � r PROJECT NAME: f SCHEDULE OF SPECIFIC ACTIVITIES OUTLINED BELOW: COUNCIL INITIATION PROCESS: (DATE) Council Packet item to Initiate the Vacation Process is due to the Planning Manager (3 WEEKS PRIOR TO INITIATION PUBLIC HEARING) CONTENTS OF PACKET I. 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 HEARING PROCESS: (DATE) Notification to property owners of the area affected based on ORS 271.080 Notice Requirements* (21 DAYS PRIOR TO THE PUBLIC HEARING) T (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, the County and Other Interested Parties (A COUPLE OF DAYS �— FOLLOWING COUNCIL'S INITIATION/PROVIDE 30 DAYS (IM( 15.08.060-(.-Per Julia's recommenda6an)TO RESPOND TO REQUEST) Submit Newspaper Ad to the Newspaper (FRIDAY PRIOR TO THE I" PUBLICATION DATE) I" Newspaper Publication (2 FULL CONSECUTIVE WEEKS PRIOR TO THE PUBLIC HEARINGINO 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 PUBLICATION/NO LESS THAN 14 DAYS PRIOR TO THE PUBLIC HEARING) CONTENTS OF POSTED NOTICE (O.R.S. 211.110) and (TAA 15.08.120) I. 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 I petitioner S. Date when the petition and any objections or remonstrances will be heard and considered (Any objection or remonstrance must be submitted in writing and filed with the City prior to or at the public hearing) 2nd Newspaper Publication (MINIMUM OF I WEEK PRIOR TO THE PUBLIC HEARING) Request for Comments Due Back from Agencies Previously Notified 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) r City Council Public Nearing Date an the Vacation Request Post Ordinance of the Vacation Proceedings by the City Recorder (ORDINANCE NO.: ) Ordinance Sent to be Recorded/Filed with Washington County Assessor's and Surveyor's Offices in Order to Obtain a Title to the Area Vacated BALL JANIK LLP RECEIVED PLANNING A T T 0 R N E Y S APR 0 2 2004 IDI SOUTHWEST MAIN STREET, SUITE I 100 PORTIAND, OREGON 97204-3219 CITY OF TIGARD www.balljaiiik.com KRISTIN UDVARI TELEPHONE 503-228-2525 kudvari@bjllp.com ALSO ADmrrrED IN WASHINGTON FACSIMILE 503-295-1058 April 1, 2004 Via Federal Express Matt Scheidegger Associate Planner City of Tigard Current Planning Department 13125 SW Hall Blvd. Tigard, OR 97223 Re: Vacation Fee for Former 72nd Avenue Right-of-Way Dear Mr. Scheidegger: Please find enclosed a check in the amount of$630 representing the balance due for the above-referenced vacation application fee, payable to the City of Tigard. Thank you for your attention to this matter and I apologize for any inconvenience. Sincerely, Jean Marie Morrison, Secretary to Kristin Udvari .jmm Enclosure --QDMA\PCDOCS\PORTLAND\444512\1 PORTLAND, OREGON WASHINGTON, D.C. BEND, OREGON 11 -,T 7 .a O Q e O O 4 C) p.., c3 O O O O O f•d Q •U � U � U O L," O y O � O U O z M ¢, rt d O O O � Q U Q � d O a U O O W J o o z N a3 p a. 'y d V C U U a Q u U a � O gz 7p '[C > H `' �••� cr1 bQ p V U O CZ) b z U U � a z — � ��-- ,<� IMME y ,� ^� �. :��s=��;. _ III. I � * .•ry�j III'p l j'�' -- _ � Illlffr�� I`"�,. ..�Ill�llr�ff' 441 Illlr —�x:�'� =—��:—_ �a I e(IIII a °5d I --� — _-- — •„.�: ,,� �;” Ih� I „I: i - III - �� , — u�� 111111 II _ n n II IIII , I plll ;, IIII U IIII I t. :� AK' . — _ _ �a = _ I III :..SII IIII __�— ,, a .11 IIII uI u�'�s�- ��"�.— _ '-�, I I III I INI II' Itll a -_ AN V ��.;,111 II: U fl I � �;�, ; , � � $�,�f�. 'yj;��''-. `'� ,.�' it"'15 ��':' L '. hl VIVA •JII I 'x. II I�»-0 4plll f � . ' ::!Y ,ter " �C @A�ta�`s r � '�'�`�"'1-u�'"'�'A ��, � "r y. �ii:'..A 5 2 A' •,.'.'�3 ' .�<, �.vu © _ dam.. 'S � �± .?< ' ��`�� '�an�'�ta�e.' �"�� . � � �.x s•s� �, ."� 1£y� Baa. �, �� ,�. ��. I IpIl011U I I�iIIIIIII��, (.IIII II II I a; _ I ff r � _ I�IIILIII _ f I �� Ir=. w ��,d,�., '� .� �,:- ,a� �. y'�`e. IL'y�" ��sa�:. � ��r N sv`•«H .„�a,, �w.'�a� '� ': — , <:;� ��<. , .�� ,�<- � � -, ,:,. ,. 3, '�, �� ,• �� ". tee:, �::�' �•.. .•,;fir�., .�;�,.�,..: 41� d� �:';: ,d �I^ �,..�" .;�, i'I — I fir:... II I -,<_ ,:.s :> , III �"°?�., "�� :.s r �� ' n^: � �'�� #u.� � I� � � '„ '�"`;..��-•% `" "�"��• „"a°e. ��„�`5v�s�q'�'� �'. ��`�' -?� �� ', �a'.. > f' � -— -- — — _ - _— ---_ -- - - -- 3 � a vke L00 BALL JAN1K 11_Y A T T O R N E Y S 101 SoLrrHwEST MAIN STREET, SUITE 1100 PORTLAND, OREGON 97204-3219 www,bafljanik.com KRISTIN UDVARI TELEPHONE 503-228-2525 kudvari+@bjllp.com ALSO ADwTrED IN WASHINGTON FAcsIMILE 503-295-1058 March 17, 2044 _ BY MESSENGER City Council City of Tigard City Hall 13125 SW Hall Blvd. Tigard, OR 97223 Re: Request to Vacate Portions of Former SW 72nd Avenue Right-of-Way Dear Council Members: Ball Janik LLP represents Opus Northwest, L.L.C., one of the developers of Bridgeport Village. As part of the Bridgeport Village project, SW 72nd Avenue is being realigned, as depicted on the attached maps. Therefore, the land underlying the former route of SW 72nd Avenue should be vacated and conveyed to the appropriate property owners. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments(0.1 acres total) depicted on the attached maps are subject to Tigard's jurisdiction. Therefore, pursuant to Tigard Municipal Code Section 15.08, Opus Northwest, L.L.C. hereby requests that the City Council initiate the vacation process for the portions of the former right-of-way of SW 72nd Avenue described in the attached legal descriptions. As required by TMC § 15.08, attached are legal DMATCDOCSTORTLAND\442929\I PORTLAND, OREGON WASHINGTON,D.C. BEND, OREGON BALL )ANIK LLP City of Tigard March 17, 2004 Page 2 descriptions, maps showing the areas to be dedicated, and a check in the amount of$1,709 for the application fee. Sincerely, stin Udvari KU-.jmm Enclosures cc: Mr. Matt Scheidegger, City of Tigard Ms. Kim McMillan, City of Tigard Mr. Greg Miller, Washington County Mr. Ken Bauer, Washington County Mr. Mike McKillip, City of Tualatin Mr. Roger Hansen, ODOT Mr. Bruce Wood, Opus Northwest, L.L.C. Mr. Tom Parsons, Opus Northwest, L.L.C. ::ODMA\PCDOCS\PORTLAND\44292911 3300 NW 211 th Terrace Hillsboro, OR 97124 P 503.858.4242 F 503,645.5600 DESIGN GROUP,INC. www.ldcdesign.com "AREA NO. 6" March 15, 2004 Legal Description A portion of the Northeast % of Section 13, Township 2 South, Range I West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Corner of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the North line of the Southeast % of said Section 13, N88'5031"W, 1300.21 feet to the True Point of Beginning; thence continuing along said line, N88-50-31-W, 47,81; thence leaving said line, along a line parallel with and 20.00 feet distant and Westerly from the Centerline of S.W. 72nd Avenue, N01°39'53"E, 27,25 feet; thence leaving said line, along the are of a 35.00 foot radius non-tangent curve concave to the Southwest, through a Central angle of 41046'45' (Chord bears S71'21'03"E, 24.96 feet) a distance of 25.52 feet to a point of tangency; thence S50"27'42"E, 25.83 feet to a point of curvature; thence along the arc of a 18.00 foot radius curve concave to the Southwest, through a Central angle of 16*18'44" (Chord bears S42-18'26"E, 5.11 feet) a distance of 5.12 feet to the North line of the Southeast %of said Section 13 and the True Point of Beginning. Containing 846 Square Feet(0,019 Acres). The Basis of Bearings is S88050'31"E along the North line of the Southeast % of Section 13, Township 2 South, Range I West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL AND SVFYEYORI —�OREGiDN JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRA-OON 06/30/05 VICINITY' MAP jNQT TQ SCALEZ LAJ sw, 'NOLA 5 CL sT OP, rc"4 Q "_ a-_ 1 :5 31tsw LO 100' k OONES COUNCIL co FERRY RD VIEW ACRES i's S 13 12 1 31 32 33 ro.,,,. PIPE FOUND BRASS RECOGNIZED CENTER DISK JN ON BOX OF SE0770N 13 SIS OF BEA - SN 48 EAST IA CORNER S88, 0,31 OE 2 56. OF SEC ON 13 N88 50'31 mw 1300.21' P.O. JEAN ROAD 82- AREA 846 SF TuALATIN (0.019 AC) VALLEY HOMES 83 S) SNE TABLE REGISTERED LINE LENGTH BEARING PROFESSIONAL Ll 47.81' N8850'31"W ND SYRVEYORI L2 27.25' N01739'537E LJ 25.8.3' S502742*E CURVE TABL R03ON-0 -.1 20 NO LENGTH RADIUS DELTA CHORD BEARING CINDY A. HALCUMB Cl 25,52' 35,00' 41W'45" 24-96' S7121-03-E 8928 LS C2 5.12' 18.00' 16'18'44* 5.11' S42*18'26'"E EXPIRATION 06/30/05 Planwrs OPUS NORTHWEST LDC Y AREA NO. 6 2751 anon W JN-ME-NORIBEAST-J _S: 9%k�- — /-4-M—SEC110N 1 3=NA 2111h 7ERRAM WJ—qMOOKOW 27124 WASHINGTON COUNTY, OREGON PORTLAND. aw- ON ORTLMD. OREGON 97205 Dwo A Inc T. 2S., R. 1 W., W.M. (503) 9 _ go: (503) 916-8963 P=i510M)6=2 3) www.ldcdoolm.own 2MSABM 3/15/64 cm - 3300 NW 211th Terrace LDC C7Hillsboro, OR 97124 P 603.868.4242 F 603.645.5600 DESIGN GROUP,INC. www.ldedesign.com "AREA NO. 9" March 15, 2004 Legal Description A portion of the Northeast of Section 13, Township 2 South, Range I West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East % Corner of Section 13, Township 2 South, Range I West, Willamette Meridian; thence along the South line of the Northeast % of said Section 13, N88'50'31"W, 1282.84 feet; thence leaving said line, N01"09'29"E, 20.00 feet to the Southwest Corner of that Tract of Land described In deed to Bridgeport Land LLC, recorded In Document Number 97061240, Washington County Deed Records; thence along the West line of said Tract of Land, N01°39'53"E, 35.80 feet to the True Point of Beginning; thence leaving said line, N5002742"W, 26.77 feet to a point of curvature; thence along the arc of a 35.00 foot radius curve concave to the East, through a Central angle of 75014'47" (Chord bears N 12060'1 8"W, 42.73 feet)a distance of 45.97 feet to a point of reverse curvature; thence along the arc of 471.00 foot radius curve concave to the Northwest, through a Central angle of 13*57'54" (Chord bears N17'48'09"E, 114.52 feet) a distance of 114.80 feet to the West line of said Bridgeport Land LLC Tract of Land; thence along said line, S01'3953"W, 167.81 feet to the True Point of Beginning. Containing 2,965 Square Feet (0.068 Acres). The Basis of Bearings is S88°50'31"E along the South line of the Northeast % of Section 13, Township 2 South, Range 1 West, Willamette Meridian per Survey Number 29,487. REGISTERED PROFESSIONAL ND SVPVEYOR - e*A R!EG0N JULY 11, 2000 CINDY A. HALCUMB 58928 LS 10 EXPIRATION 06/30/05 %CINI MAP (NOT TO SCALE) SWC FINST0�' Zi �t:SW LOWER 0BOONESLit FERRY PD ZZ) R/Wl RELINQUISHED PER DOC. NO, <0 COUNCIL 84034659 R VIEW ACRES 31 32 33 34 ,)G,poRl BR co LAND LLC DOC- No' FOUND IRON PIPE 97061240 FOUND 2w BRASS RECOGNIZED CENTER 12 OF SECTION 13 c DISK IN MON BOX 4 AREA EAST 114 CORNER N5027#A 2 tow 965 SF OF SEC71ON 13 2 26. ' (0.068 A N01*39'5 "El .0.a. 35.80, N ROAD} 6*71 N,)l'3� '35" N No �06 01-6129 20.00' NB8'50'31-W 1282.84 BASIS OF BEARINGS - 29487 S88'50'31"E 2656.38' [ REGISTERED PROFESSIONAL LAND 5YRVEYOR] -7-()RFOON $KQ CURVE TABLE JULY 11, 2000 CINDY A. HALCUMB NO LENGTH RADIUS DELTA CHORD BEARING 58928 LS Cl 4&97' M.00 7574 474Z73 W12*5Orl87W— C2 114.80' 471.00 135754* 114.52' N1748*09E EXPIRATION 06/30/05 pknom mum va IN OPUS NORTHWEST LDC) EWI,., AREA NO. 9 2751 --1000-6V-8R0ADWAY,WIlE4130 'wl- &=M]f N-ME-NOMEASI-V-4 OF SECTION 13 PORILMD. OREGN 97205 =kx 6 T. 2S., R. 1W., W.M. 3=NA 21M TOMACE (503) 916-8963 HKJMORO,MEOW 97t24 WASHINGTON COUNTY, OREGON PHONE(503)858-4242 gms"m 3/15/04 CAN 33OONVV211mTerrace HiUsboro. ORQ7124 D C P �D3.858,4242 ��w��~~~ F 503.045.5500 DESIGN GROUP,INC. vmxmv,idcdeoiQncom "AREA NO. 25" February 15, 2004 Legal Description A portion of the Northeast '14 of Section 13, Township 2 8outh, Range 1 \8Aaot. \&iUonnette Meridian, County of Washington, State of Onsgon, being more particularly described as follows: Commencing at the 2-Inch Brass Disk marking the East Y4 Comer of Section 13, Township 2 South, Range 1 West, Willamette Meridian; thence along the North line of the Southeast Y4 of said Section 13, N88050'31"VV. 1348.02 feet to the True Point of Beginning; thence continuing along said |ine. N88050'31^VV. 25.00; thence leaving said Une, along a line parallel with and 45.00 feet distant and " Westerly from the Centerline of8.VV. 72u' Avenue. N01°3S'53"E. 14.35 feet to a point of non-tangent curvature; thence leaving said |ine, along the arc of o 35.00 foot radius oun*a concave to the Southeast, through a Central angle of 47'34'30" (Chord bears N63"58'19^E. 28.23 feet) m distance of 29.08 feet to a point of non-tangency; thence along a line parallel with and 20.00 feet distant and VVeoter|yfronngmidCentadina. SD1"3S'53^VV. 27.25feattothaTruePointofBeginning. Containing 576 Square Feet (0.O13/\cree). The Basis of Bearings is 888^50'31"E along the North line of the Southeast % of Section 13, Township 2 Gouth, Range 1 VVeat, Willamette Meridian per Survey Number 29,487. - REGISTERED PROFESSIONAL [ �AND SWRVEYOR JULY 11, 2000 CINDY A. HALCUMB 58928 LS EXPIRAMN 06/30/05 VICINITY MAP (NOT TO SCALE) S W, aQFl NDLA C� g ST. A- 100' C'l SSW LOWER I ,12N k .9- aooNES COUNCIL FERRY RD CN VIEW ACRES CR'LE 4S 31 13 12 11 FOUND -14'" IRON PIPE FOUND BRASS RECOGNIZED CENTER DISK IN MON BOX OF SEC770N 13 BASIS OF BEARING.? - SN 29487 EAST 114 CORNER S88*50'31*E 2656.38' I OF SECTION 13 1 N8850'31"W 1.348.02' Ll JEAN ROAD 82 O.B. AREA TUALATIN 576 SF VALLEY 0.013 AC) / E / / 83 INE TABLE REGISTERED LINE LENGTH BEARING Ll 25.00' N88*50.31*W PROFESSIONAL L2 14.35' N0I39'53*E AND WRVEYOR L3 27.25' S0139'53*W —/ OREGON JULY 11, 2000 CURVE TABLE CINDY A. HALCUMB NO LENGTH RADIUS DELTA CHORD BEARING 58928 LS Cl 29.06' 35.00' 4734*30" 28.23 N6358'19*E EXPIRATION 06/30/05 OPUS NORTHWEST LDC Eng PlaffleFS AREA NO. 25 2751 En-- 1000 SW BROADWAY, SUITE 1130 Surveyors e-a, IN THE NORTHEAST 1/4 OF SECTION 13 P,IncI", PORTLAND, OREGON 97205 Design roup,Inc T. 2S., R. 1W., W.M. wr ML (503) 916-89633300 N211Th1ITMRACE HiLLSSORO. 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