91-055449 ~ 135th Avenue ~ Scholls Ferry Road 91055449
' err v Washington County
^ ' CITY OF TIGARD, OREGON
C/ ORDINANCE NO. 91-,1
AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW 135TH
AVENUE LOCATED NEAR SW SCHOLLS FERRY ROAD, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
WHEREAS, the Tigard City Council initiated this vacation request on
May 21, 1991 in accordance with Section 15.08.040 of the Tigard
Municipal Code; and
WHEREAS, this portion of SW 135th Avenue is a dedicated public
right-of-way, giving the public rights over the land for street and
utility improvements; and
WHEREAS, the purpose of this vacation is to vacate an unimproved
portion of SW 135th Avenue that is no longer needed because
SW 135th Avenue has been realigned and fully improved; and
WHEREAS, the property owner E. Aleen Gross and representative. Bill
Gross support the vacation; and
WHEREAS, the City of Tigard Engineering Department requests that_ a
right-of-way be provided to a distance of 30 feet -from centerline;
and the public storm drain line on the west side of the right-of-
way. become a private line and that the property owner of the
western parcel (tax lot 100) shall be responsible for the storm
drain line; and
WHEREAS, Portland General Electric and GTE Northwest, Inc. have
requested that an easement be provided for all existing utilities
in the right-of-way; and
WHEREAS, all other affected service providers; including utility
companies and emergency services, have reviewed the vacation
proposal and have no objections to it; and
WHEREAS, in accordance with ORS 271-.100 and TMC 15.08.110, the City
Council fixed a time and place for the public hearing and the City
Recorder published notice and posted notice in the area to be
vacated; and -
WHEvFa�otice has been mailed to all property owners abutting
said -'�d6gtIon area and all owners in the affected area, as
described,by ORS 271.080; and
Certified to be g JhW Copy of
Original on flle
ORDINANCE N0. 91- PAGE 1
131r.
REIUM REOORDED DOCUMENT' TO: City R / P•Cly Of Tigar i
CITY REoc)RDER, TIGARD Date: /DJa </,/
PO BOX 23397 1 ,,
TIGARD OR 97223 1
WHEREAS, the City Council, having held a hearing on July 19, 1991,
finds the public interest will not be prejudiced by the vacation as
provided by ORS 271. 120 and TMC 15.08. 130; and
WHEREAS, the City Council finds it is in the public interest to
approve the request to vacate the unimproved portion of SW 135th
Avenue located immediately south of the intersection of SW 135th
Avenue and SW Scholls Ferry Road.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation
of the unimproved portion of SW 135th Avenue
located immediately south of the intersection of
SW 135th Avenue and SW Scholls Ferry Road, as
described on the attached "Exhibit A" and shown on
the attached "Exhibit B" and "Exhibit C" and by
reference made part hereof.
SECTION 2: The Tigard City Council further orders that the
vacation be subject to the following conditions:
1. The right-of-way for SW 135th Avenue shall be
60 feet, 30 feet each side of center line.
2. That the public storm drain line, as shown on
the "as-builts", page 7, between station 33+60
to 32+72 on the left side of the right-of-way,
for the SW 135th Avenue LID become a private
line and the property owner of
T.L. 100 1S1 33CA shall be responsible for the
storm drain line.
3. The applicant shall be responsible for
providing an easement for all existing
utilities within that portion of the right-of-
way to be vacated.
SECTION 3: This ordinance shall be effective on the 31st day
after enactment by the City Council, approval by
the Mayor, and after a certified copy has been
recorded with the Washington County Clerk,
Assessor, and Surveyor.
ORDINANCE NO. 91- a-7 PAGE 2
Z
"Awe e
PASSED: By l(1�(CVI t lV1lS1.(.1>> vote of the Council members present
after being read by number and title only, this day
of , 1991.
Catherine Wheatley, City RecorAer
APPROVED: This c�?eday of , 1991.
Geral Edwards, Mayor
A r�qoved s o :
C y Date
iogin\—\ora135—
ORDINANCE NO. 91-_a] _ PAGE 3
3
Street Vacation
A strip of land located in Lot 32 of the Millard and Vanchuyver
Tract's Subdivision in the N.W. 1/4 of Section 33, Township 1
South, Range I.-West, Willamette Meridian, City of Tigard, County of
Washington, Oregon, more particularly described as follows:
Beginning at a point which bears South 61032144" West, 42.19 feet
from the center of said section and being the northerly most point
of that land dedicated for road right-of-way in parcel II of fee
#8833894; thence by a line which is 20.00 feet westerly of, when
measured at a right angle, to the original center line of S.W.
135th Avenue (C.R. No. 934) as recorded on CS 23139, a duly
recorded survey with Washington County, North 1°38'40" East, 321.04
feet - to the southerly right-of-way of Scholls Ferry Road as
recorded in Civil Court Case # C90-1054CV, Washington County;
thence by the said southerly right-of-way and extension, South
6700412.1" East 37.34 feet to a point on a curve which is 30.00
westerly of, when measured .at a right angle, to the revised center
line of S.W. 135th Avenue -recorded on CS 23139; .thence along a
curve parallel and .30.00 westerly of the revised center line an arc
distance of 241.89 feet with radius 570 feet through an included
angle of 24018152" (chord bearing and distance of South 6004,46"
West, 240.08 feet) to a point of reverse curvature; thence
continuing along a curve parallel and 30.00 feet westerly of said
revised center line an arc distance of 70.07 feet with radius 630
feet through- an .included angle of 6'22122 (chord bearing and
distance of South 15003101" West, 70.04 feet) to the point of
beginning.
Excepting that portion of the above which lies East of the Millard
and Vanchuyver Tract's.
Total area contains 8,610 square feet more or less.
135th.vac L„j
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STATE OF OREGON `
County of Washington 11 SS
I,Jerry R. Hanson pi ctor of Assessment
and Taxation and Ilk" fficio' 1' ,order of Con-
veyances for said county,do,herebecertify that
the within instrument of writing waiM4,received
and recorded in book of records of Sah*,rounty.
JerryR. Han Q
.e _�__.Hanson, -�ireOr-Of
va: no: IdFM
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Dick Bewersdo f, for Planner
11 FROM: Cathy Wheatley, Cit Recorder
DATE: September 25, 1991
SUBJECT: Ordinance No. 91-27
Vacation of a Portion of S.W. 135th Avenue (Gross)
I can record the attached ordinance next week if all of the
conditions have been met. Please let me know the status.
Thank you. . .
vac9127
10/2- �
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Irv,, C�f- c 1 5
From: FINANCE/GAYLE
Subject: BILL GROSS
To: CATHY
X-To: CATHY
Date: 2 Oct 91 09:00:53
PLEASE CALL BILL GROSS AT 228-3228 REGARDING THE 135TH STREET VACATION.
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CITY OF TIGARD, OREGON
RESOLUTION NO. 91- 32-
A
ZA RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW 135TH
AVENUE, NEAR SW SCHOLLS FERRY ROAD, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
-------------------------------------------------------------------
WHEREAS, a vacation request has been received and filed with the
City Recorder for vacation of a portion of S.W. 135th Avenue; and
WHEREAS, this portion of S.W. 135th Avenue is a dedicated public
right-of-wag, giving the public rights over the land for street and
utility improvements; and
WHEREAS, the property owners Bill Gross and E. Aleen Gross ,support
the vacation; and
WHEREAS, S.W. 135th Avenue in the vicinity of the area proposed for
vacation has been realigned so that the portion of the right-of-way
being considered for vacation is not needed; and
WHEREAS, the property owners will be required to provide easements
for all utilities located within the area proposed for vacation; ,
and
WHEREAS, the Tigard City Council finds it necessary and desirable
to initiate vacation proceedings for said right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Tigard .City Council that:
(1) the Tigard City Council initiates the vacation request with
the understanding that those property owners who would
normally sign a petition shall be notified by mail of the
proceedings and that the benefiting property owners, Bill
Gross and E. Aleen Gross, pay all fees and charges as set out
in TMC 15.08.
q �6i.men�ed CiJJ
(2) a public hearing is hereby called to be held by the City
Council on Tuesday, , 1991, at 7:30 PM at the Tigard
Civic Center Town Hall Room, 13125 SW Hall. Boulevard, within .
the City of Tigard, at which time and place the Council shall
hear any objections thereto, and any interested person may
appear and be heard for or against the proposed vacating of
said right-of-way.
RESOLUTION NO. 91-.32. PAGE 1
(3) the City Recorder be, and she is hereby, authorized and
directed to cause to have published in the Tigard Times, a
newspaper of general circulation in the City of Tigard hereby
designated for such purpose, a notice of said hearing in the
form hereto attached and by this reference made a part hereof,
the first publication to be Mayr--23-, 1991 and once each week
thereafter for five publishings)in all.
The Recorder be, and she is hereby, further directed to cause
to have posted within five (5) days after the date of first
publication, a copy of said notice in the form attached, at or
near each end of the area proposed to be vacated.
(4) That the particular portion of granted public right-of-way to
be vacated is shown on the attached sheet headed Exhibit "A"
and by reference made a part thereof.
5
PASSED: This o?[ day of
Council President
ATTEST:
�tayrtr-=-�i-ty-vf'-�i�ard-
City Recorder - City of Tigard
RESOLUTION NO. 91- �� PAGE 2
NOTICE OF PUBLIC RIGHT-OF-WAY VACATION HEARING
A PORTION OF SW 135TH AVENUE SOUTH OF SW SCHOLLS FERRY ROAD
The Tigard City Council will hold a public hearing on Tuesday,
July 9, 1991 at 7 :30 p.m. at the Tigard Civic Center Town Hall
Room, 13125 SW Hall Boulevard, Tigard, OR to consider the proposed
vacation of a portion of SW 135th Avenue located on the west side
of the street just south of SW Scholls Ferry Road. The request was
initiated by the City Council on May 21, 1991 at the request of
Bill Gross and E. Aleen Gross. Any interested person may appear
and be heard for or against the proposed vacation as said public
right-of-way. Any written objections or remonstrances shall be
filed with the City Recorder by July 9, 1991 no later than 7 :30
p.m.
(Publish June 6, 13, 20, 27, July 4, 1991)
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