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98-148935 ~ 135th Avenue ~ Walnut Street I c OF OREGON t� SS County of Washington 1, Jerry # nspt � tgr of Assess- ment and,,,,,,,, xatn nt `�jQf# io County f clerk forigry certify that the withk'1trxestx deceived and rec$rdei` i jo," s t a is,Of said county o w � w director of r0essiation,Ex- Clerk City of Tigard Doc 98146935 13125 SW Hall Rect:,: 223256 36.00 Tigard, OR 97223 12/31/1996 10: 44:30am COVER PAGE FOR RECORDING Name of Transaction: Vacation of Public Right-of-Way Re-record Document 96090764 to correct error in distance on legal description (Exhibit "B") Name of Person (Grantor, Grantee, etc.): Grantor - City of Tigard Grantee - Per attached Exhibit A The True Consideration for this conveyance is: - zero - NO CHANGE IN TAX STATEMENT After recording, return to: City of Tigard Records Division 13125 SW Hall Blvd. Tigard, OR 97223 s 'E OF OREGON Co6nty of Washington SS I, Jerry F# ans( ;L ire r of Assess- ment and "faxafion io County Clerk for std cotr#y r ?y certify that the within irlstrd mq` 'o , Was,.received and reeisrded 46 ord6'of said county. ' , wee, Jerry F ;;f Tarrson; Director of -':Rasessrrierrt a"laxation, Ex- pd Clerk Doc 96090764 Rect: 173298 98. O0 10/09/1996 02: 10: 15pm CITY OF TIGARD,OREGON ORDINANCE NO.96- AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW 135TH AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on June 11, 1996; and WHEREAS,the right-of-way for SW 135th Avenue had been dedicated to the public; and WHEREAS, the City approved a Subdivision (SUB 93-0008) for the development of Castle Hill No.2 Subdivision; and WHEREAS, Southwest 135th Avenue was re-aligned in conjunction with the construction of Castle Hill No.2 Subdivision; and WHEREAS,the approximately 6,445 square feet of public right-of-way is no longer necessary; and WHEREAS,the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have no objections; and WHEREAS, GTE Telephone Operations has a major six-way conduit system on the west side of the centerline within the old SW 135th Avenue right-of-way which will require the granting of a utility easement; and WHEREAS, the City of Tigard Water Department has a 16-inch water main located within the proposed vacation area that will require the granting of a 15-foot utility easement; 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, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; 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 August 13, 1996,and August 27, 1996 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 be ORS 271.120 and TMC Section 15.08.130; and ORDINANCE No.96-_ i:\citywide\ord\vac135t2.ord Page 1 of 2 L '5 will d. 08/1919611:16 AM WHEREAS,the Council finds that the following conditions are necessary to vacate said land: 1. A utility easement shall be provided within the vacation area. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 6,445 square feet of public right-of-way as shown and described on the attached Exhibits A and B (map and legal description of area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. A utility easement shall be provided within the vacation area. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor,and posting by the City Recorder. PASSED: By UAIMMQW-S vote of all Cguracil members present after being read by number and title only,this.--22M, day of , 1996. ne Catherine Wheatley,City Recorder APPROVED: By Tigard City Council thiQrday of 1996. Jam&Sicoli,Mayor V Approved as to form: \ , Ci A mey Certified to be a True CW of Original on file- AL -rrGAM'tfes4� 6-2-,7 Date By. , Cityecorder-Wof Tigard Date: ORDINANCE No.96--3-3— i-.\ci"We\ordWac135t2..ord Page 2of2 will d. 0811919611:16 AM 113 r I1 EXHIBIT A 114 0 n z / o f N 115 Q 00 U Q ,16 LLJ R ' ca 117 Q ��• N rl n M Ln V M 0 _ s U Z cra \I to W / 2 ir LLJ � Q J W li W '* 4 O cr nn Lan a Z) +� 0 O I NEW VACATION LINE "'� 10' EAST OF OLD CENTERLINE Vy► ANGLED AT THE SOUTH LINE OF LOT 116 TO INCLUDE ACCESS FOR DETENSION POND Yi1 �6. tS� 67 MORNI -- Exhibit "B" LEGAL DESCRIPTION FOR ROAD VACATION That portion of S.W. 135th Avenue in Northeast One-Quarter of Section 4, Township 2 South, Range I West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Northwest Comer of Lot 114 Morning Hill No. 5 as recorded in Book 63 Page 33 of the Washington County Subdivision records; thence S 021 14' 27" W, along the westerly line of said Morning Hill No. 5, a distance of 232.00 feet to the south west comer of Lot 117 of Morning Hill No. 5 and the north line of the property described in Fee No.90028208 in the Washington County Deed Records; thence N 871 45' 33"W, along said north line, a distance of 15.00 feet to the northwest comer of said Fee No.; thence S 02' 14' 27"W a distance of 259.25 feet to a point on a curve to the left; thence along said curve with a radius of 545.00 feet, a delta of 03' 13' 24"(a chord which bears N 160 47' 50" W, 30.66 feet) and a length of 30.66 feet to a point which is 10.00 feet easterly of the center line of S.W. 135th Avenue(when measured at right angles); thence N 02' 14' 27"E,parallel with and 10.00 feet from said centerline, a distance of 285.27 feet to a point; thence N 10' 25' 20"E a distance of 49.19 feet; thence N 6' 25' 17" E a distance of 71.50 feet to a point on a non tangent on curve to the left; thence along said curve with a radius of 380.00 feet, a delta of 80 40' 24"(a chord which bears N 9' 33' 55"E, 57.47 feet), and a length of 57.52 feet to the extension of the north line of Lot 114 Morning Hill No. 5; thence S 87' 45' 33"E, along the extension of the North line, a distance of 5.46 feet to the point of beginning. SUBJECT TO a utility easement for all utilities on or within the entire vacated portion of said 135th Avenue. i:\eng\johnrh\l 35vac.des From: "Cathy Wheatly" <FINANCEICATHY> To: Greg Date sent: Mon, 30 Sep 1996 12:48:31 +0000 Subject: Vacation @ 135th (Erin Rogers) Copies to: FINANCE/JOHNRH, Bill, Ed, Dee,Will Greg...I just finished talking with Erin Rogers. She is aware of the situation with the water meter. She said that Ed Wegner was at the site and because of the meter Ms. Rogers said they were going to build the fence so that it would not enclose the meter. However,now they will not have the same land as described in the ordinance and they do not want responsibility or to have to pay taxes on this piece of land. Al Do we need to have her deed back some of the property(that is, II record the ordinance as is,so the property becomes hers so she can then deed back part of it?) --or will we have to go through another vacation process to amend the legal description? I gave the ordinance to Dee and told her not to record it until she heard from John that it was ready. As soon as we have a recording number, we need to let Erin Rogers know (590-7231). Mr.Victor Rein of Our Redeemer Lutheran Church also would like to know (684-9835) when the recording is complete. The church is anxious to landscape and Ms.Rogers would like to put in the fence before the winter weather comes. Mr.Rein requeste4J1CMfqf the Mded ordinance'y - vilu ent to W 8 1 Urfnbman Our Redeemer Lutheran ch, 1`2256 SW 135th e -Tigard, Or I egon. (Church Telephone Na. , A 524-6646).,1 understand 1(�ateo neighbors, th Buckinghams, ()u receive n N are also affected and sh)u I e a copy of the recorded ordinance. Thanks for your help. Cathy , 1 04 7- L- Agenda Item No Meeting of TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 STUDY SESSION • Meeting was called to order at 6:3)5 p.m. by Mayor Jim Nicoli • Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, and Ken SchecMa. • Staff Present: City Administrator Bill Monahan; Legal Counsel Jim Coleman-, Community Development Director Jim Hendryx; Administrative Analyst Loreen Mills; Assistant to the City Administrator Liz Newton; and City Recorder Catherine Wheatley. • UPDATE: Visioning Project Liz Newton, Assistant to the City Administrator, reviewed the consultant selection process. She said that a committee composed of herself, Loreen Mills, Bill Monahan, and Councilor Bob Rohlf have interviewed the three finalists. She reported that they were evaluating those interviews and checking references; they hoped to have a decision made around December 6. Ms. Newton reported that John Williams, a second year public administration student at PSU, was their intern. He has been setting up the meeting schedule with various community groups. Ms. Newton said that they regularly updated the executive staff on the visioning process also. In response to questions from Councilor Scheckla, she said that the committee would select the consultant, and that they were most interested in a consultant who was local. r Loreen Nfills, Administrative Analyst, reported on the meeting with the School District. She and Ms. Newton met with Mary Alice Russell, the Associate Superintendent in charge of curriculum, and discovered that the School Board has directed Nis. Russell to begin a visioning Z4 process for the schools this fall. Although the City and the District would each pursue its own visioning process, they felt that they could still form a strong partnership and cooperate in many areas and share information in the process of forming similar end products for both the City and the District. Ms. Mills said that Pat Biggs was the School Board representative on the School's visioning process as Councilor Rohlf has been for the Council. She explained that they would meet next week with school representatives to develop age-appropriate projects for the three grades they would work with in the visioning process: 3rd, 8th and 11th. She said that once they have developed the curriculum, they would contact the private schools and offer them the opportunity to participate also. CITY COUNCIL MEETING MINUTES - AUGUST 2-1, 1996 - PAGE 1 Ms. Mills stated that Ms. Russell suggested working with the Parent-Student Organizations (PSOs). Councilor Scheckla suggested getting input from foreign exchange students. Ms. Mills said that most foreign exchange students participated when they were juniors, and that they hoped to include them with the other 11th graders. Ms. Mills reported that the School District and Board were interested and excited at this opportunity. She reviewed the future tasks staff has planned. These included selecting the consultant, announcing the project at civic and community groups (including businesses not represented by the Chamber), development of a logo by the school children, and preparing the community survey. They intended to update Council every four to six weeks. Mr. Monahan asked Council to inform staff of any feedback they received from citizens, either positive or negative. He commented on the possibilities of increasing opportunities for volunteerism in the City through this process. In response to a question from Councilor Hunt, Ms. Newton said that they intended to include areas such as Walnut Island and Bull Mountain that were not within the city limits. They would start with the CITs (many County residents participate in them). > Agenda Review > Councilor Hunt raised a concern regarding the presentation of agenda items. He cited a motion he made at the July 2') meeting (as recorded in the minutes) as an example of a situation where it was very unclear exactly what action Council took. He asked staff to write up the items so that Council would know what motion to make and what language to use to make it clear, not only to the Council but to the public. Mr. Monahan concurred. > Mr. Monahan reported that the low bid for the roof of $94,900 came in under the budgeted amount of $112,000; the architect has reviewed and noted his approval of the bidder's qualifications. Mayor Nicoli requested a change order to install new flashing on top of the parapet to prevent leaks. In response to a question from Councilor Scheckla, Jim Coleman, Legal Counsel, stated that as long as both bidders bid on the same basic project, a change order within the rules was the appropriate way to address the Mayor I s concern. > Mr. Monahan noted the agenda packet contained copies of background information on the Dartmouth LID. Additional documentation was available for Council review if requested, > Ms. Wheatley distributed a letter on the Benchview Estates matter that was inadvertently left out of the acrenda packet. > Mr. Monahan advised the Council that the MPAC representative Jeanine Murrell announced that she would not run for reelection to the Cornelius City Council. CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 2 Since her alternate was also interested in aettinc, off MPAC, she has requested the cities to submit names of Councilors interested in serving on MPAC so she can put them on a ballot. He asked the Councilors to consider whether or not any one of them was interested in the positions. (Recorder's Note: The process for appointment to MPAC is different from Ms. Murrell's request for action by the Washington County Cities. Mayor Drake of Beaverton will facilitate the appointment.) • Catherine Wheatley, City Recorder, presented the draft Charter language which was developed with the assistance of the City Attorney's office. Discussion followed primarily on the draft language on the changes to the Council election Z process. • Mr. Monahan reported that ODOT and Washington County gave the contractor until September 16 to complete Durham Road; the School District has been advised. The delay will give an opportunity for the City to work with the contractor to do some underground wiring for the traffic signal at 79th and Durham. This will not only avoid tearing up the new street and save the City approximately $10.000. Mr. Monahan advised that staff checked with other likely bidders on the signal who agreed with this direction, as long as they had an opportunity to compete for the rest of the signal. In response to a question from Mayor Nicoli, Mr. Monahan said that technically the street did not belong to the City yet because they signed an agreement stipulating that the acceptance of the transfer of jurisdiction would not occur until the project was complete. • Executive Session: The Tigard City Council went into Executive Session at 7:15 0 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. • Executive Session adjourned at 7:35 p.m. 1. BUSINESS MEETING • Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:45 p.m. • Council Communications/Liaison Reports: None • Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA Erin Rogers decided to wait to speak till Agenda Item 4. Gene McAdams, 13420 SW Brittany Drive, addressed the issue of dealing with the homeless in Tigard. He said that he understood that the Council would be discussinc, this issue to set policy and asked that the Council consider that traditionally the Federal, CITY COUNCIL MEETING MINUTES - AUGUST 27. 1996 - PAGE 3 State, and County governments handled welfare programs. He commented that the cities were not equipped to deal with these kinds of things and lacked the necessary money. He asked that the Council explore all the alternatives from sources trained in dealing with people in desperate situations. 3. CONSENT AGENDA Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") 3.1 Approve City Council Minutes: July 23, 1996 3.2 Initiate Vacation Proceedings - SW Torland Court - Resolution No. 96-49 3.3 Local Contract Review Board: a. Award Contract for City Hall Roof Remodel 3.4 Approve Community Development Block Grant Proposals - Resolution No. 96-50 3.5 Authorize Mayor to Sign Intergovernmental Agreement for Preparation of an Interurban Rail Feasibility Analysis, Phase 1. 3.6 Authorize City Administrator to Approve Dedication of Reserve Strips as Rights of Way - Resolution No. 96-51 4. PUBLIC HEARING - CONTINUED FROM THE AUGUST 13, 1996 CITY COUNCIL MEETING (QUASI-JUDICIAL) - VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT OF WAY LOCATED ON SW 135TH AVENUE a. Mayor Nicoli read the hearing title. b. Declarations or Challenges: None C. Staff Report Jim Hendryx, Community Development Director, presented the staff report. He reviewed the issues that came up at the August 13 meeting with regard to the area being vacated, utility easements and referenced the responsibilities of the property owners regarding the utilities. Mr. Hendryx said that only the excess road right of way on 135th would be vacated as a result of the realignment of the road; the utility easements within the right of way remained intact. He said that property owners could fence over the property and use it as a backyard but they could not construct a building on it. He said that in the case of utility repairs, it was the utility company's responsibility to restore the property to its original state. d. Public Testimony Mayor Nicoli read the hearing criteria. CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 4 Erin Rogers, a property owner, stated that Mr. Hendryx had answered her concern about the utility's liability to restore the property in the event of damage due to repairs and asked if they could have that in writing. Councilor Moore explained that it was an unwritten policy for utility companies to restore properties to their original state for public relations considerations. Ms. Rogers asked if the City would notify them when they accessed their property to read the water meters. Mr. Monahan said that the City would give advance notification except in the case of an emergency. Ms. Rogers expressed concern about a fence blocking drainage. She said that she spoke with John Hadley on staff who confirmed that the ponds should take most of the water and that putting a fence in shouldn't be a problem. Mayor Nicoli su2-ested contacting the Engineering Department to explore ways to handle the drainage without blocking it. Ms. Rogers asked if the City would pick up all costs of the vacation. Mr. Monahan said yes. e. Staff Recommendation Mr. Hendryx recommended approval of the attached ordinance vacating the right of way. f. Council Questions Mayor Nicoli closed the public hearing. h. Council Consideration: Ordinance No. 96-33 Motion by Councilor Hunt, seconded by Councilor Scheck-la, to approve Ordinance No. 96-33. The City Recorder read the number and title of the ordinance: ORDINANCE NO. 96-33, AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 6.445 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW 135TH AVE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 5 5. PL13LIC HEARLNG (LEGISLATIVE) TO CONSIDER FORWARDING CHARTER AMENDNIEN'TS TO THE VOTERS ON NOVEMBER 5, 1996 a. Mavor Nicoli read the hearinc, title and opened the hearing. b. Staff Report Catherine Wheatley, City Recorder. presented the staff report. She noted the three options before Council for a resolution to propose to the voters four charter amendments, noting that reviewing the Char-ter was a Council coal for this near. She explained that with the first language change, Councilors would no longer be elected by position but rather the highest vote getters would win whichever seats were up for reelection. Ms. Wheatley reviewed the remaining three amendments. The second amendment added the City Manager to the Charter as an Officer of the City and specified the duties and the appointment and removal criteria. The third amendment revised the Oath of Office language. The fourth amendment revised the Charter language to make it gender neutral. Ms. Wheatley reviewed the three options presented for Council consideration as outlined in the staff report. Mr. Monahan explained that in the current method whichever candidates filed for a given position ran for that position only; in the proposed change, e position Z� th numbers were eliminated and the candidates simply filed for a Council position as a pool. Whoever got the most votes won the position. In the case of an unexpired term vacancy, a candidate would have to file for the vacancy and would not be part of the pool of candidates for the two full terms. Councilor Hunt noted a conflict in language in the City Manager amendment. Section 10 on Page 3 stated that the City Officers would be removed by the Mayor while Section 20A said that the City Manager would be appointed by the City Council. Ms. Wheatley agreed that Section 10 should be changed to reflect the Council decision that the officers were to be removed by the City Council. After brief discussion, the hearing progressed to the public testimony phase. C. Public Testimony: None d. Staff Recommendation Ms. Wheatley recommended that the Council consider the three options and give staff direction on how they would like to proceed. CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 6 e. Council Questions or Comments Councilor Scheckla asked if they could split out the amendments to vote on them separately. Mayor Nicoli concurred with splitting out the first amendment from the others. Councilor Moore said that the onlv issue of concern to him was the method by which Councilors were elected. He said that he was neutral but leaned towards Option B, leaving the current method in place. Councilor Hunt said that he favored making the chan2e, commenting that he initiated the idea three to four years ago because of the circumstances surrounding his election to Council. He said that he thought that the two most qualified people as elected by the public should sit on Council, not necessarily those with sufficient money to run a campaign. He stated that if the positions were geographic representation he would not favor a change but the position numbers meant nothing once someone was on Council. Mayor Nicoli said that he thought that the change was for the betterment of the community. He pointed out that Council was not voting to adopt the change but only voting to send it to the voters to let them decide if they wanted the change. He asked if they could split the amendments on the ballot. Mr. Coleman said that the amendments could be split on the ballot. The Council agreed by consensus to split the amendments between the election method amendment and the three housekeeping amendments. Ms. Wheatley left the meeting to prepare a draft resolution for the Council's consideration later in the evening. f. Mayor Nicoli closed the public hearing. [The Council considered Agenda Items No. 6, 7 and 8 at this time; the order of these minutes are being, reported as shown in the order listed on the agenda.) Council Consideration: Resolutions No. 96-53 and 96-54 Mr. Coleman presented the two resolutions prepared by Ms. Wheatley. Option B represented the Charter amendments to add the City Manager position, change the oath of office language and revise to gender-neutral language. Option D contained the changes in the method of electing Councilors. These two separate resolutions, if approved, would go on as two separate ballot titles for two separate charter amendments. Motion by Councilor Hunt, seconded by Councilor Moore, to adopt Resolution 96-53. The City Recorder read the number and title of the Resolution No. 96-53. RESOLUTION NO. 96-53 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE VOTED ON AT THE NOVEMBER 5, CITY COUNCIL MEETING MINUTES - AUGUST 271, 1996 - PAGE 7 1996, GENERAL ELECTION. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") In response to a question from Councilor Moore, Mr. Coleman clarified that Option D took out the position numbers for Council positions. Staff will need to determine a way to track Council members' terms if this change is approved by the voters. Councilor Hunt reiterated that this was a vote to let the voters decide. Councilor Moore said that he would support this proposal. Motion by Councilor Hunt, seconded by Councilor Moore, to adopt Resolution 96-54. The City Recorder read the number and title of the Resolution 96-54. RESOLUTION NO. 96-54 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE VOTED ON AT THE NOVEMBER 5, 1996 GENERAL ELECTION. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") 6. CONSIDER ACCEPTING BENCHVIEW STREET AS A CITY STREET Mr. Hendryx presented the staff report on the Benchview Homeowners Association's request that the City accept the dedication of SW Clearview Way, SW Clearview Place, and SW Benchview Place (private streets in their subdivision) as public streets. He explained that these streets were built as private streets in 1987 because the developer did not want to build them to city standards. The builder gained approval for private streets to be maintained by the Homeowners Association. Mr. Hendryx said that the streets were constructed partially to city standards, the substandard conditions existed with the street base, the right-of-way width, the lack of sidewalks on one side, and the design of the entrance to the subdivision. He said that the biggest concern in taking over private streets was the maintenance cost to the public. Streets constructed to city standards included the long-term maintenance as part of the design. Mr. Hendryx reported that Benchview Court suffered damage during the winter; there was a slide and some undercutting, of the street in the cul de sac. He said that normally the City would request that all defective and damaged materials or workmanship be brought up to city standards prior to consideration for acceptance by the City. The Planning Commission approved the request on July I subject to staff conditions: these included requiring the Association to pay for all repairs to correct the existing damage or defects prior to acceptance by the City, to prepare the right-of-way dedication documents to convert private streets to public streets, and to increase the width of the right of way CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 8 to 38 feet for sidewalk and street lights. Mr. Hendryx reported that as a result of damage from the slide, three lots in the Benchview subdivision were involved in tort litigation which also involved the City, this occurred after the Planning Commission decision. He said that because of these legal issues and the need to bring the damaged streets up to city standards, staff recommended denial of the request. He noted two letters from the Association in the Council packet; one requested the dedication while the other requested the City to take responsibility for the repairs and preparation of documents and to allow the streetlights to remain in an easement strip. • Sharon Mueller, 13643 SW Benchview Place, Homeowners Association President, commented that the Association was surprised by this agenda item because they had thought everything was on track for the dedication. She noted that the damaged street clouded the issue. She asked for answers to specific questions, such as who owned the storm sewer that might have caused the damage to the cul de sac. She said that without specific answers to some questions, it was difficult for the Association to address the issue. She submitted another letter with specific questions listed and asked for answers when it was convenient. She asked for a postponement of the decision until they knew the results of the tort litigation. In response to a request from Mayor Nicoli, Mr. Hendryx stated that he preferred to see the entire list of questions before responding. Mr. Coleman advised the Council that the list should be referred to the City Attorney because of the litigation. • Ruth Brzinki, 13332 SW Benchview Terrace, expressed concern about the costs to the homeowners due to the slide, noting that all the property values were affected and that no one could sell their house right now. She said that most of the homeowners had nothing to do with causing the damage. She stated that homeowners should not be responsible for the costs of repairing the damage and deficiencies in the streets; homeowners shouldn't be allowed to have the responsibility to maintain streets because they lacked the resources to do so. She asked that the City and the homeowners work together to solve the problem rather than simply dropping it. She noted that the subdivision has been trying to give the streets back for three years. She said that she felt it was in the public's best interest to maintain those streets to allow emergency vehicles through. • Mike Frahler, 13985 SW Benchview Terrace, stated that approximately 85% of Clear-view Loop was built to city standards; only a short section located near the cul de sac was substandard and it carried little traffic. He noted that recent improvements to the street made it look like a regular city street. He commented that e change in the g mm th staff recommendation from approval to denial was the result of the slide damage and the lawsuits. He suggested that if the City owned the streets prior to settlement of the 4-- lawsuits, they could assure that the streets conformed to City standards. He reviewed the damage to the street and said that there wasn't that much to repair, although the bank- needed to be stabilized prior to winter. Mr. Frahler pointed out that the Homeowners Association was not part of the lawsuit. He reiterated that if the City owned the street at the time of the settlements of the lawsuits, the City could assure restoration of the bank. CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 9 Mr. Frahler stated that while he had been aware when he bought his house that there was a private street, many people were not. He pointed out that the majority of houses were served by 1200 feet of a private street with only six lots on a public street. He said that most subdivisions had the majority of lots served by a public street and only a few served by a small private street. He said that the homeowners did not know what was expected of them in maintaining the street and that they had no means of doing so. > Gene McAdams, 13420 SW Brittany Drive, commented that there was concern at the City over funding maintenance of the current public streets. He pointed out that this was a substandard private street intentionally built that way, possibly to deal with the difficult drain in that area. Mr. McAdams expressed his concern over the acceptance of private streets by the City. He said that the real issue was that of an astute developer finding a way around building a street to city standards: building a substandard street, giving the responsibility to the Homeowners Association, and then asking to dedicate the street to the City. He asked that the Council consider the planning consequences of that situation and the standard street requirements. Mr. McAdams noted the comment in the letter that the residents believed they were entitled to consideration from the City to rebuild Benchview Place because they were city taxpayers. He cited the example of the City forming an LID to improve 135th Street, when they didn't have the money, and assessing all the homeowners to pay for the improvement. He suggested doing something similar in this difficult situation. Mr. McAdams referred to a statement that the street was inspected by the City and that the homeowners had no liability. He pointed out that a street inspector could not change the engineering design; he could only bring it to the attention of the engineer. He reiterated the importance of considering impacts to future developments and not create a situation where developers could get around building streets to city standards. Mr. McAdams said that if the Council intended to accept these streets for maintenance, that they should carefully review the lawsuit so that they did not assume additional risk. He noted the movement of the soils in the area and asked what would be wrong with waiting five years to determine the status of the streets and then consider accepting them if the City was interested in doing so. > In response to a question from Councilor Moore, Mr. Hendryx said that he was not aware of any other similar request made to the City. Councilor Hunt stated that he was against bringing streets into the City because he didn't know where they would draw the line on which ones to accept and which ones to reject. He said that he thought most private streets that were substandard were built that way by the developer because he wanted to avoid the cost of building a street to city standards. CITE' COUNCIL MEETING MINUTES - AUGUST 2?, 1996 - PAGE 10 Councilor Moore said that he was not concerned about the maintenance because private roads had such low travel; however he took issue with the City bailing out a subdivision whose developer put in a private street to cut down on costs and put in more lots. He concurred with Councilor Hunt and said he would not support this request. Councilor Moore clarified later that the problems in the cul de sac and the events of recent months had no bearing on his decision. Councilor Scheckla concurred with Councilors Hunt and Moore. He exvressed sympathy for the property owners who were left "holding the bag" by the developer. Mayor Nicoli concurred with the other Councilors that the City should not accept a street that was not built to city standards. He said that should the homeowners bring the streets up to city standards, he would be willing to reconsider the request. Councilor Moore concurred. Councilor Hunt said that he wanted more discussion on the issue before agreeing. Motion by Councilor Hunt, seconded by Councilor Scheckla, that the City deny the request for the acceptance of the dedication of those streets. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") Councilor Hunt asked for a Council discussion on prohibiting private streets in Tigard. Mr. Monahan said that the City had the discretion not to allow private streets but spoke for leavinc, in the ability to have private streets to facilitate implementation of the 2040 functional plan. He said that he heard concerns that the property owners buying into an area might not be fully aware of such a circumstance. He said that staff required a private street to be recorded. Councilor Hunt commented that the average buyer was not aware of situations such as this and reiterated his request for a Council discussion on the issue. He said that he wasn't too concerned with implementing Metro's goals, since this might be an instance where what was good for Metro was not good for the City. Mr. Monahan said that they could hold that discussion but suggested waiting until the Code review and finding out what will happen with the 2040 plan. He said that staff would also provide background information on private streets in Tigard. Mayor Nicoli commented that the three streets under review did look like city streets. He said that when the majority of a subdivision was served by a private street, something was wrong. One or two lots served by a private driveway was fine but the majority of people should not be on private streets. He expressed his concern with what he heard tord-lit with regard to this situation. He suaaested finding a way to prevent this from happening in the future. In response to a question from the audience, Mayor Nicoli stated that the Council decided to turn down the request but that the Homeowners Association could ask for a reconsideration of street dedication when the streets were brought up to city standards. He suggested that the Association discuss the matter with Greg Berry in the Engineering Department. CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 11 Councilor Hunt emphasized that bringing the streets up to city standards did not guarantee that the City would accept them, it simply meant that they would reconsider the request. Mr. Monahan suggested exploring funding options, such as the City forming an LID to cover the financing. He suggested that the property owners meet with Greg Berry, representatives from the City Attorney's Office and Administration. 7. CONSIDER ESTABLISHLNG THE HAULER EFFICIENCY TASK FORCE Ms. Mills presented the staff report. She reviewed the Council's direction last year to the solid waste haulers to develop recommendations on efficiencies to keep solid waste haulinc, costs down, to make the operation of the haulers as efficient as possible and to form a Task Force to evaluate those recommendations. She said that the solid waste haulers have presented a list of efficiency recommendations. Ms. Mills said that the resolution before the Council created a Task Force to review the efficiencies suggested by the haulers. The Task Force was to review the suggestions, consider the financial ramifications to the rate payers, and make a final recommendation to the Council by the end of February 1997. They would update the Council once near the end of December. She noted that Councilor Rohlf was the proposed Task Force member and liaison from the Council. She recommended the appointment of the Task Force to review the efficiency suggestions in detail and report back to Council by the end of February. Councilor Hunt commented that part of the changes made last year had included the haulers picking up yard debris mechanically. He cited an example in his neighborhood where the haulers pushed the carts into a position where a mechanical arm picked up the carts and dumped them in the back of the truck. Ms. Mills explained that the haulers were allowed to retrofit trucks that weren't ready to be replaced vet with a mechanical arm; the haulers did have to roll the carts into position. Motion by Councilor Hunt, seconded by Councilor Moore, to adopt Resolution 96- 52. The City Recorder read the number and title of Resolution No. 96-52. RESOLUTION NO. 96-52, A RESOLUTION CREATING A SOLID WASTE EFFICIENCIES TASK FORCE AND APPOINTING MEMBERS TO ASSESS SOLID WASTE HAULERS EFFICIENCIES SUGGESTIONS. Motion was approved by unanimous voice vote of Council present. (Mavor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") 8. DEVELOP A PLAN TO ADDRESS THE PROBLEMS OF THE HOMELESS Mr. Monahan noted the Council goal to develop a plan to address the problems of the homeless. He presented the status report on the recommendations made by the 1994 Task Force, reviewing the four recommendations. Z� CITY COUNCIL MEETING MINUTES - AUGUST 27. 1996 - PAGE 12 The first recommendation was to adopt a severe weather policy. Mr. Monahan said that as a result of the Council adopting, that policy, Interfaith Outreach Services operated a severe weather shelter for the past two winters in the Tigard Water Building. He stated that there was some question now as to whether or not Interfaith Outreach was interested in providing that service, and if not, then the City needed to explore other options or change the policy. The second recommendation was that the City facilitate an effort to educate the public about the problems of the homeless. Mr. Monahan said that they have done so through Interfaith Outreach, the CITs, and articles in Cityscape. Staff would continue with these efforts. The third recommendation was that the City immediately facilitate the formation of a Eastern Washington County Task Force to create a facility to serve the homeless that was County based, not just Tigard based. He said that Interfaith Outreach took the lead on that and has been working on generating funding to build the RITE Center, a 30-bed facility located in Tigard. The fourth recommendation was that other programs be instituted or expanded to assist the homeless people in the community. Mr. Monahan said that there has not been significant action on this recommendation at this time. Staff has suggested that the Community Development Needs Assessment under the Community Development Block Grant (CDBG) identify homelessness as one of the needs that should be addressed. The RITE Center was now under consideration for funding by a CDBG. Mr. Monahan noted that staff has made progress in each of the four recommendations, and asked for Council feedback on how to proceed from this point forward. He said that he invited Kim Brown, Interfaith Outreach Services, to the meeting to answer questions. Mayor Nicoli asked if Interfaith had made a decision on the severe weather shelter yet. Ms. Brown said that the Board has provided funding to operate the shelter on a severe weather basis only, not on an every night basis. She explained that it was difficult to get funding for emergency service response programs; there has been a major shift towards self- sufficiency programs such as the residential center. Funding for the severe weather shelter usually came from churches, the County, and the emergency shelter block grant program. Councilor Hunt recounted his involvement with the homeless shelter and the East Washington County Task Force. He noted that the Task Force fell apart at one point and nothing was done. He commented on the excellent leadership provided by Peggy Manning for the Task Force. Councilor Hunt said that he recommended to Council to allow Interfaith to use the vacant City office building to save on expenses but that he did so because he thought they would take care of more of the homeless during severe weather. He said that he thought that building could be used as a severe weather shelter: they didn't need all the space for offices. CITY COUNCIL MEETING MINUTES - AUGUST =7, 1996 - PAGE 13 Councilor Hunt expressed concern that the severe weather shelter was closed last year during the severest weather because Interfaith lacked the money to operate it and a staff person quit. He said that he thought Interfaith should have found a replacement staff member when the weather was so bad. He said that he supported Ms. Brown and thought that she was doing a great job but he was disappointed in the operation of the severe weather shelter. Councilor Hunt asked for clarification on the rumor he heard that the RITE Center wouldn't be built to ':)0 beds because of wetlands. Ms. Brown concurred that the Task Force did fall apart and lost direction. She said that shortly after that Interfaith received notice that they would have to vacate their 14-bed space at the Tigard United Methodist Church by 1997. Therefore, the agency focused on replacing those beds, which led to the formation of a Steering Committee for a capital campaign to build the RITE Center. She said that the Steering Committee included people from Beaverton and Tigard. Ms. Brown said that the Steering Committee has worked very hard to look at homeless issues in East Washington County. The first step was to build a 30-bed facility in Tigard with another facility possibly in Beaverton. She credited the East Washington County Task Force and Beaverton's involvement on the Steering Committee with the current willingness by that City to acknowledge and deal with the problem of homelessness that existed in their community. Ms. Brown said that though the Task Force died, the intent has carried on, despite the changes in funding. She noted the cuts in federal funding for these kinds of services. Ms. Brown stated that the Interfaith Outreach Board and staff found the severe weather shelter a difficult subject because it cost a lot of money while not providing any solutions for the homeless. She said that she personally thought it drained resources because it has not been used in the past as it was intended to be used by the Task Force and the City Council. She said that she believed the intent was to provide a place for people involved in self-sufficiency programs that lacked space. Ms. Brown explained that sometimes the shelter was used by people who had slept outside in Tigard for 15-20 years; this created a different environment in the shelter. She said that the intent was to provide a safe and accessible place for families and singles; this has not always been the case. Ms. Brown said that Interfaith felt that if they could not work- through those issue;, then perhaps they didn't want to put money into the shelter. She explained that they have worked hard this summer to address those issues through policies and felt more confident now that they could make the shelter work the way they intended it to work. She commented that she and Mr. Monahan needed to meet to discuss the variety of issues involved in a severe weather shelter. Mr. Monahan concurred that thev needed to meet soon because they would be discussing a modified program that was only available on the nights it met the criteria for severe Z� Z� weather. He said that if they were talking of using a City facility, he didn't think that they could afford to lock one up for a four month block of time and refuse to make it CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 14 available on a reservation basis to others; meeting space was scarce in the City. He said that they needed to discuss whether or not the present City facility used by Inter-faith for offices was capable of serving as a severe weather shelter. He commented that they also needed to discuss health concerns regarding preventing the spread of tuberculosis. In response to a question from Councilor Moore, Ms. Brown stated that in Washington County only Tigard and Hillsboro had homeless shelters, and that this was the only severe weather shelter in the entire County. Councilor Moore commented that in the past months he has Gotten the impression that the shelters needed to be supported or expanded to other cities. Councilor Hunt said that the Task Force goal was for all the cities to come together to build a bigger facility in East Washington County. Ms. Brown commented that they needed to maintain the distinction between a severe weather shelter and a long-term center that provided case management, childcare, and employment opportunities. She said that she did not think that the County was interested in funding any kind of emergency response, such as a severe weather shelter, due to limited funding. Ms. Brown said that the issue with the site of the RITE Center wasn't necessarily the wetlands; the issue was really the site itself and its limitations. She pointed out that funding was coming from the CDBG which had stricter environmental regulations -- drainage and fill on the site were problems. She said that the issue was not whether or not the site could support a building but the cost of preparing the site for a building. Councilor Scheckla asked how Interfaith used the dollars they saved by moving into the City building rent free. Ms. Brown said that the money was used to fill in on different programs, including the severe weather shelter and the emergency services program. Councilor Scheckla suggested that Ms. Brown research a potential liability in the emergency services program regarding gas vouchers. Legally they could only give them out to someone with a valid driver's license and proof of insurance; if they gave them out to an unqualified person who then had an accident, Interfaith could be liable. Mavor Nicoli stated that Interfaith's program was the type of program the community would like to have; it addressed both a need in Tigard and in East Washington County. He commented that any program that operated on donations and grants had difficulty making ends meet. Mayor Nicoli commented that the positive forward movement on the RITE Center has been substantial: they are obtaining funding and support from the Mayors of Beaverton and Tualatin. He noted the participation of Roy Rogers from the County Commission also. He said that he thought thev would meet their goals. He expressed his disappointment at losing the severe weather shelter to lack of funding; however, he said Z he did not expect Interfaith to operate the shelter without money. Mavor Nicoli suggested looking hard at identifying other options to find alternate space that would work with Interfaith's limited resources. He asked that Ms. Brown meet with Mr. Monahan in the next couple of weeks and report back to Council. He said that he CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 15 would continue to spend his personal time supporting the fundraising because it was a positive thine for the community. Mayor Nicoli suggested that the Council, except for the severe weather shelter, not move got beyond the funding and site considerations for the RITE Center. forward until they Councilor Moore said that he would support the majority Council position. Councilor Hunt concurred with Mayor Nicoli's suggestion as did Councilor Scheckla. 9. NON AGENDA ITEMS: None. 10. ADJOUR.NTIENT: 9:50 p.m. Attest: Catherine Wheatley, City Recorder tv6r, City of Tigard Date: ) 0/s )z?u CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 16 City of Tigard,Oregon AFFIDAVIT OF MAILING STATE OF OREGON County of Washington )ss. City of Tigard 1, Patricia L. Lunsford, being first duly swom/affirm, on oath depose and say: that I am an Administrative Specialist 11 for The City of Tigard, Oregon. That I served NOTICE OF (AMENDED 11) PUBLIC HEARING FOR: cft¢ (Ctwa box above.If applicable) (check appropriate box below) (Enter Public Hearing Date above) 11 City of Tigard Planning Director 11 Tigard Planning Commission 0 Tigard Hearings Officer Tigard City Council 10 That I served NOTICE OF (AMENDED 0) DECISION FOR: (Check box above,if applicable) City of Tigard Planning Director 10 That I served NOTICE OF (AMENDED 0) FINAL ORDER FOR: {check box abm-*,if applicable) (check appropriate box below) El City of Tigard Planning Director 0 Tigard Planning Commission 0 Tigard Hearings Officer 0 Tigard City Council I0 That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S) of hl' h attached, marked Exhibit "A", was mailed to eachnapfed person(s) at the address(s) shown on the w Icn attach dhids), marked Exhibit"B" on.the 1:74 of ifah 199,/9 and deposited in the'Unit States Mail the 'ay of iqq �, postage prepaid. Pr Notice Subscribed and sworn/affirmed before me on the day of OFFICIAL SEAL DIANE M JELDERKS NOTARY PUBLIC-OREGON COMMISSION NO.046142 NOTARY PUBLIq Of OREGON MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commission ires: �IFILE INFO.: NAME(S): /_q5-5q CASE NO.(S): TYPE OF NOTICE&DATE: CITY OF TIGARD PUBLIC HEARINGr NOTICE (STREET VACATION OF PUBLIC RIGHT-OF-WAY) NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, BUGUST 13. 1996 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 TITLE: 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: City of Tigard OWNER: Same 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST ➢ PUBLIC RIGHT-OF-WAY STREET VACATION-135TH AVENUE A request to vacate approximately 6,445 square feet of public right-of-way on SW 135th Avenue. LOCATION: Southwest 135th Avenue DATE PETITION WAS FILED: May 20, 1996. (SEE MAP ON REVERSE SIDE OF THIS NOTICE) ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY AUGUST 13, 1996 BY 7:30 P.M. 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. 320 (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 (25) CENTS PER PAGE. AT LEAST SEVEN 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 (25) CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER WILLIAM D'ANDREA AT(503)639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD,TIGARD, OREGON. 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:ipatty%docsWac135.mst j MORNING yid AL +Y y s CT w D NEYRM S ���. Q) s'�RS << - AR AR A i C: Sw IOU SW MARL __j A DR 0) � ST i SwwALNUTLN w CT r Vi Iniity'Vhp SW 13 5th Avenue Note: Nbaa is not to scale c,)AN Public ROW Vacation ExHiPliT -3 2S104AC-03100 . . . . . . . .I . . . . . . . . . . . . . 2SI-4AC-03200 . . . . . . . . . . . . . TAYLOR, MONTE A/MELINDA K OLIVAREZ, THEODORE & KATHRYN E 12445 SW 134TH 12487 SW 134TH ST TIGARD OR 97223 TIGARD OR 97224 2S104AB-00100 . . . . . . . . . . . . . . . . . . . . . 2S104AB-03700 . . . . . . . . . . . . . SUNAMOTO, ROBERT H & TOMO ALEXANDER, DOMINIQUE AND 12030 SW 135TH AVE MARION TIGARD OR 97223 13405 SW SCOTTS BRIDGE DR TIGARD OR 97223 2S104AB-03800 . . . . . . . . . . . . . . . . . . . . . 2S104AB-03900 . . . . . . . . . . . . . YORK, RICHARD G & CAROL E SHEPSMAN, ADAM/GERTRUDE M 13425 SW SCOTTS BRIDGE DR SHEPSMAN, ESTHER L TIGARD OR 97223 HARTMAN, JAMES A 13420 SW SCOTTS BRIDGE DR TIGARD OR 97223 2S104AB-04700 . . . . . . . . . . . . . . . . . . . . . 2S104AB-08400 . . . . . . . . . . . . . OUR REDEEMER LUTHERAN CHURCH GORSLINE, RUSSELL E & JANET E 12256 SW 135TH AVE 13431 SW SCOTTSBRIDGE DRIVE TIGARD OR 97223 TIGARD OR 97224 2S104AB-08500 . . . . . . . . . . . . . . . . . . . . . 2S104AB-08600 . . . . . . . . . . . . . SMITH, BETTY JO MORGAN, TIMOTHY W & EILEEN K 13439 SW SCOTTSBRIDGE DR 13444 SW SCOTTS BRIDGE DR TIGARD OR 97223 TIGARD OR 97223 2S104AB-08700 . . . . . . . . . . . . . . . . . . . . . 2S104AB-08800 . . . . . . . . . . . . . ROGERS, DOUGLAS A/ERIN E BUCKINGHAM, BRIAN K & 13436 SW SCOTTS BRIDGE DR CYNTHIA A TIGARD OR 97223 13428 SW SCOTTS BRIDGE DR TIGARD OR 97223 2S104AB-13100 . . . . . . . . . . . . . . . . . . . . . 2S104AB-13500 . . . . . . . . . . . . . OUR REDEEMER�LUT�HE LEE, STEVE & IRENE 12256 S VE 12403 SW 134TH AVE T� D OR�97223 TIGARD OR 97223 2S104AB-13600 . . . . . . . . . . . . . . . . . . . . . 2S104AB-13700 . . . . . . . . . . . . . SHAW, DAVID C AND MELISSA D O'NEILL, W A & BONNIE J 12414 SW 134TH AVE 12407 SW 133RD TIGARD OR 97223 TIGARD OR 97223 2S104BA-00100 . . . . . . . . . . . . . . . . . . . . . 2S104BA-00200 . . . . . . . . . . . . . GREENFIELD VILLAGE WILLIAMS, M MAX & GINA H PO BOX 5668 12103 SW 135TH AVE PORTLAND OR 97228-56(;8 TIGARD OR 9722-� VENTURE PROPERTIES, INC. MAGNUSEN, DOUG & JESSICA 5000 MEADOWS ROAD, SUITE 151 13593 SW LIDEN bRIVE LAKE OSWEGO OR 97035 TIGARD OR 97223 JUN-14-1996 14:50 WASHCO R&T 1ST FLOOR 5036813909 P.01 Post-It'"'brand tax transmivat rtmi i lu To from 3-A Co. Co. Ez.rte Dept. Phone# Fat N Fax CITY OF TI"RD FAX TRANSMITTAL COVER SHEET TODAY'S DATE, June 19964. 1 i ...............---...... ...... VAGE 1 OF .......... ........................... ........................... ......--------- TO'. Sue Brenner (Fax) 503-681-3909 Washington County Dept- Of Assessment &Taxation FROM: Patty Lunsford (Phone) 503-639-4171 City of Tigard (Fax) 603-884-7297 13125 SW Hall Boulevard Tigard, OR 97223 C: RE: Ownership Information Request This is a request for gwmgmb�on the following parcels- 2S104BA, Tax Lots 11000 )e-2653:2 04 11400 11800 -2 05 3-:2- I 1100 -2 c 5 3 L7 11500 11900 -2x53.'- 112017 .2 2e53.'- 11200 -2-65 3Z c ,i"' 11600 2o5 3 12000 2 05 3 11300 -;2 e-532 7 11700 2 c5 3�1 3 16400 r,--,-2 Please call me if you need any further Information and thanks for your assistance. Have a great weekend! Patty ICZ-u— ' P-�� 0 :ot 15 P-T f opj --T-P ci 0 a TnTAJ P Al JUN-14-1996 14:58 WASHCO A&T 1ST FLOOR 5036e13909 P.01 Post-It'brand tax transrnmai merm co. awl/ Dept. phone Fax Fax# C"Y OF TI"RD FER SHEET < pa)z ...........................- ........................ .................................... T( I 10 0 3-681-3909 FF 3-639-4171 3-684-7297 c D(Z RE 7;) Thin. 25104BA, Tax Lots3 1000 0411400 --Ze�5 �z 11800 �2 ,05 3--Z 1111111100 11900 11200 .Z65 32 11600 3 12000 -4 05.3 --2-/ 11300 11700 ,7-c!53- 16400-)Ic /z-ao� 3�-c,, 0 Please call me if you need any further information and thanks for your assistance. Have a great weekend! Patty .50 0 A-DO wr 0/2 &40:�f 1 14 0 0 C- 1 TOTAL P.01 From: "Cathy Wheatly" <FINANCE/CATHY> To: Greg Date sent: Mon, 30 Sep 1996 12:48:31 +0000 Subject: Vacation @ 135th (Erin Rogers) Copies to: FINANCEIJOHNRH, Bill, Ed, Dee, Will Greg...I just finished talking with Erin Rogers. She is aware of the situation with the water meter. She said that Ed Wegner was at the site and because of the meter Ms. Rogers said they were going to build the fence so that it would not enclose the meter. However, now they will not have the same land as described in the ordinance and they do not want responsibility or to have to pay taxes on this piece of land. Do we need to have her deed back some of the property (that is, record the ordinance as is, so the property becomes hers so she can then deed back part of it?) -- or will we have to go through another vacation process to amend the legal description? I gave the ordinance to Dee and told her not to record it until she heard from John that it was ready. As soon as we have a recording number, we need to let Erin Rogers know (590-7231). Mr. Victor Rein of Our Redeemer Lutheran Church also would like to know (684-9835) when the recording is complete. The church is anxious to landscape and Ms. Rogers would like to put in the fence before the winter weather comes. Mr. Rein requested a copy of the recorded ordinance be sent to Paul Linneman at Our Redeemer Lutheran Church, 12256 SW 135th Avenue, Tigard, Oregon. (Church Telephone No. is 524-6646). 1 understand that other neighbors, the Buckinghams, are also affected and should receive a copy of the recorded ordinance. Thanks for your help. Cathy From: "Greg Berry" <FINANCE/GREG> To: JOHNRH Date sent: Mon, 30 Sep 1996 14:03:28 +0000 Subject: SW 135th Vacation Copies to: FINANCE/CATHY Has been approved subject to an utility easement; please prepare. Cathy says map provided with ordinance is not a good enough copy for recording with ordinance at County; please provide another copy. Also- have you heard of any progress in relocating the water meters? Cathy is getting calls from one of the residents (she wants to start a fense) and the church. I suggested she refer them to us. From: "WILL DANDREA" <FINANCEIWILL> To: FINANCE/JOHNRH Date sent: Wed, 3 Jul 1996 10:49:22 +0000 Subject: 135th vacation John, how do we want to work this? There will need to be utility easements retained on the area vacated. Since we are initiating the vacation, who will draw up documents to be recorded. The homeowners? I am writing the ordinance and need to explain this more as a condition. please let me know what you think. Will. 7- Z-- 71l 0 C C' . � AGENDA ITEM# 3. /f For Agenda of !I Lv f e �7J CITY OF TIG , OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Iii tion of Vacation Proceedings for approximately 6.445 square feet of public-right- of-way on SW 135th_Avenue PREPARED BY: William D'Andrea DEPT HEAD OK CITY ADMIN OK IS�,LTE BEFORE.THE 'OUNCIL -� Should the City Council initiate vacation proceedings involving approximately 6,445 square feet of public right-of- way on SW 135th Avenue. STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY In the City vacation process of streets, easements, and other public dedicated areas, the City Council begins the process by passing a resolution to schedule a public hearing to consider such requests. The City of Tigard Engineering Department is requesting that the City Council initiate vacation proceedings for approximately 6,445 square feet of public right-of-way on SW 13.5th Avenue. In conjunction with the construction of Castle Hill No? subdivision, SW 135th Avenue was re-aligned to provide "T" intersection. The re-aiigrime::t shifted the road to the west (Exhibit A). As a result, an apprwdmately 6,445 square foot portion of the public right-of-way is no longer needed. The area to be vacated will go to the property owners adjacent to the area to 1E,e vacated. Appropriate agencies shall be contacted for comments, prior to developing a report for Council consideration. Attachments: Exhibit A- (site plan); Exhibit B -(legal description); Exhibit C - (vicinity map); OTHER ALTERNATIVES CONSIDERED Take no action at this time. iAcity\vidc1sum\vac 135th.sum 4~!30!96 1:03:29 PM h f r 7�a f 09 1}e'gr1',vI9 ,`s Sc e der, leo 14"a s f 13, 1996 CITY OF TIGARD, OREGON RESOLUTION NO. 96- A RESOLUTION CONCERNING THE VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW 135TH AVENUE. WHEREAS,the right-of-way for SW 135th Avenue had been dedicated to the public; and WHEREAS,the City approved a Subdivision(SUB 93-0008) for the construction of Castle Hill Phase II; and WHEREAS, SW 135th Avenue was realigned in conjunction with the construction of Castle Hill Phase 11; and WHEREAS,the approximately 6,445 square feet of public right-of-way is no longer necessary, and WHEREAS,the Tigard City Council finds it appropriate to Initiate proceedings for the requested vacation. NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council initiates a request for the vacation of approximately 6,445 square feet of public right-of-way on SW 1335th Avenue, as more particularly described in Exhibit"B". SECTION 2: A public hearing is hereby called to be held by the City Council on Tuesday,August 133, 1996, at 7:30 p.m. 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 vacating of said public right-of-way. SECTION 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be on July 25, 1996 and the final publication to be on August 1, 1996. The Recorder is further directed to cause to have posted within five days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. SECTION 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and by reference, made a part hereof. PASSED: This-day of 1996. Mayor- City of Tigard RESOLUTION NO. 96-- Rl 'c 1 EXHIBIT A ------------- I j l� 11A C / ^I TTS F- > ttib. / f n 116 ( I Lj > 0 < z ili yy. f ti M1 'h Lr) Ar- ! Q I i I I I ' Y' --- f PLOT PLAN a case NO. SW 135th Avenue 4 , Public Right-of-Way EXHIBIT MAS Vacation MOIT B LEGAL DESCRIPTION FOR ROAD VACATIQIN That portion of S.W. 135th)5th Avenue in Northeast One-Quarter of Section 4, Township 2 South, Range I West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Northwest Comer of Lot 114 Morning Hill No. 5 as recorded in Book 63) Page 33 of the Washington County Subdivision records; thence S 020 14' 27" W, along the westerly line of said Morning Hill No. 5, a distance of 232.00 feet to the south west comer of Lot 117 of Morning Hill No. 5 and the north line of the property described in Fee No.90028208 in the Washington County Deed Records; thence N 870 45' 33" W, along said north line, a distance of 15.00 feet to the northwest comer of said Fee No.; thence S 02' 14' 27" W a distance of 259.25 feet to a point on a curve to the left; thence along said curve with a radius of 545.00 feet, a delta of 03° 13' 24" (a chord which bears N 160 47' 50" W, 30.66 feet) and a length of 30.66 feet to a point which is 10.00 feet easterly of the center line of S.W. 135th Avenue(when measured at right angles); thence N 02' 14' 27"*E, parallel with and 10.00 feet from said centerline, a distance of 280.27 feet to a point; thence N 10' 25' 20" E a distance of 49.19 feet; thence N 6' 25' 17" E a distance of 60.16 feet to a point on a non tangent on curve to the left; thence along said curve with a radius of 380.00 feet, a delta of 8' 40' 24" (a chord which bears N 9' 55" E, 57.47 feet), and a length of 57.52 feet to the extension of the north line of Lot 114 Morning Hill No. 5; thence S 87' 45' .33)" E, along the extension of the North line, a distance of 5.46 feet to the point of beginning. i:,,cn gjohnrh 13 5vac.des MORNING A-C M N/N HILL CT w NEYR w S�R�p�E s ST S H SW MARGA DR .C. I~F S7` 0 SWWALNUTLN ice""' � c�r Vicinity Map SW I nth Avenue Jote- Map is not to scale Pudic ROW Vacation N LEGAL DESCRIPTION FOR ROAD VACATION That portion of S.W. 135th Avenue in Northeast One-Quarter of Section 4,Township 2 South,Range 1 West, Willamette Meridian, City of Tigard, Washington County,Oregon described as follows; Beginning at the Northwest Corner of Lot 114 Morning Hill No. 5 as recorded in Book 63 Page 33 of the Washington County Subdivision records;thence S 02° 14' 27" W, along the westerly line of said Morning Hill No. 5,a distance of 232.00 feet to the south west corner of Lot 117 of Morning Hill No. 5 and the north line of the property described in Fee No.90028208 in the Washington County Deed Records; thence N 87°45' 33"W, along said north line,a distance of 15.00 feet to the northwest corner of said Fee No.; thence S 02° 14' 27"W a distance of 259.25 feet to a point on a curve to the left; thence along said curve with a radius of 545.00 feet,a delta of 03° 13' 24"(a chord which bears N 160 47' 50"W, 30.66 feet) and a length of 30.66 feet to a point which is 10.00 feet easterly of the center line of S.W. 135th Avenue(when measured at right angles); thence N 020 14' 27"E,parallel with and 10.00 feet from said centerline,a distance of 280.27 feet to a point; thence N 10°25' 20"E a distance of 49.19 feet; thence N 6°25' 17"E a distance of 60.16 feet to a point on a non tangent on curve to the left; thence along said curve with a radius of 380.00 feet,a delta of 8°40' 24"(a chord which bears N 9°33' 55"E, 57.47 feet),and a length of 57.52 feet to the extension of the north line of Lot 114 Morning Hill No. 5; thence S 87°45' 33"E,along the extension of the North line,a distance of 5.46 feet to the point of beginning. SUBJECT TO a utility easement for all utilities on or within the entire vacated portion of said 135th Avenue. is\eng\johnrh\I35vac.des ti POND vv • � — — — VL 1 1H NTER LINE NO2'1 4'27"E 55.00' _ 502.14,?9QW ' S10 25'2o"w — a�.l e, _,vW W 49.1gW N06' W W w cn 00 O ..W ;, Ln _ _ G00' V, o -q ZOm � u - W r X D mr— --iD r m 0 ` � f7i � O M > Dn 0 II II II II OUR REDEEMER LUTHERAN CHURCH _ o U, N W v �"' o , yo 'oo0000 n �, aso � � Nsso 'rnCri0 (A 0020Z 'v -00 p' o N m m r mZNor vziCCmm n z m = m L) r X U Or Z m Z p m v PROPOSED S . W. 135TH AVENUE VACATION May 15, 1996 CITY OF TIGARD OREGON Mrs. Erin Rodgers 13436 SW Scotts Bridge Dr. Tigard Oregon, 97223 Mrs. Rodgers: The Attached drawing shows the portion of the right-of-way of SW 135th Ave that is being vacated. The portion of the right-of--way that is being vacated has changed due to the need for access to the Storm Sewer Pond adjacent to the right of way being vacated. The vacation of this right-of-way will take approximately two months, building a fence along this line would be discouraged until the vacation is completed. The vacation is not complete until the appropriate meetings and City Council approval is obtained. Please call me if there are any questions. Sincerely; John R. Hadley Engineering Technician III-Surveyor is\eng\john\135 V AC IET 3125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 1 113 t 114 7 Ci vi r. z o p115 F- u) Q U f Q . ND. z j 116 w to 04 P � z w 117 > v` N ' tr) n Ln o x ca a _ x ca z w - x Q i uj �W/� wa 1" = 40' VJ 0 � +o n v � I Q 0 NEW VACATION LINE 10' EAST OF OLD CENTERLINE V�/ I ANGLED AT THE SOUTH LINE 0= LOT 116 TO INCLUDE ACCESS FOR DETENSION POND ��Gt- page 1 Project : TEST1 Tue May 7 06 :41 : 03 1996 RADIAL STAKE OUT OPTION Occ. Pt . 13 N 10227.4210 5\811IR E 10008 . 8990 -7 .49 Back Pt . 2 N 9881 . 9670 E 9995 . 3810 -0 . 07 Stake Pt . Angle Right Distance Coordinates DescfElev ------------------------------------------------------------------------------- 2 00-00-00 345 . 72 ' N 9881 . 9670 E 9995 . 3810 -0 . 07 100 205-25-18 57 .25' N 10278 . 1244 E 10035 .4765 101 200-42-05 119 .41' N 10337 .3889 E 10055 .4467 102 292-31-44 21 . 65' N 10218 . 3492 E 10028 . 5593 103 342-27-53 66 . 38' N 10163 . 3913 E 10026 .4088 104 196-21-52 175 . 83 ' N 10394 . 0588 E 10064 . 9964 From: "WILL DANDREA" <FINANCEIWILL> To: FINANCE/JOHNRH Date sent: Fri, 3 May 1996 12:53:32 +0000 Subject: street vacation John, please call me when you get a chance. I need to find out for sure if 67th between clinton and baylor has been vacated. I have an ordinance 85-37 which vacates it subject to conditions. I have two numbers 86004509 and another on 36DD. I have been asked to vacate the remaining clinton street and so am trying to figure out an answer. Thanks. Will. C 1637 'C oc )45-C7 APR 19 '96 11;47HM CHICAGO TITLE P.1/15 , PROPERTY PROFILE PREPARED BY CHICAGO TITLE INSURANCE COMPANY Prepared for CITY OF TIGARD 04/19/1996 ENCLOSED PLEASE FIND THE FOLLOWING CUSTOMER SERVICE INFORMATION: 12C TAX PRINTOUT The information on the anached printout is limited to records provided by The Assessment & Taxation Depts, of Multnomah, Clackamas &Washington Counties, Oy- MAP Cr- LAST SALE OF RECORD 0 OTHER ChicagoTide TRI-COUNTY CUSTOMER SERVICE DEPT. Early Bird No, 653-7330 10001 S.E. Sunnyside Road Fax: 653-7853 Clackamas, Oregon 9 7015 Fax: 653-7833 Phone: 786-3940 Main Office: 653-7300 WORTH THE CHOICE This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner.The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds; indiscriminate use only benefiting Intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report APR 19 '96 11:47RM CHICAGO TITLE P.2 `15 CHICAGO TITLE INSURANCE COMPANY = M E T R O S C A N P R O P E R T Y P R O F I L E _ Washington County * OWNERSHIP INFORMATION * Reference Parcel ## :2S104AB 04700 * Parcel Number :R1310075 * Owner :OUR REDEEMER LUTHERAN CHURCH * CoOwner * Site Address : 12256 SW 135TH AVE TIGARD 97223 * Mail Address :12256 SW 135TH AVE TIGARD OR 97223 * Telephone :Owner Tenant * * SALES AND LOAN INFORMATION * * * Transferred: 06/01/90 Loan Amount : * Document # :28208 Lender * Sale Price : $200, 000 Loan Type * Deed Type * * * ASSESSMENT AND TAX INFORMATION * * Land :$60, 920 Exempt Amount : * Structure : $406, 280 Exempt Type :EXEMPT * Other Levy Code :05185 * Total : $467, 200 School Dist ;BEAVERTON * %Improved:87 95-96 Taxes * * * PROPERTY DESCRIPTION * * * Map Grid: 655 A4 * Census :Tract 319 . 03 Block 2 * MillRate: 12 . 9107 * Sub/Plat : * Land Use : 9602 SOC,RELIGIOUS ORGANIZATION * Legal :ACRES 3 . 91, NON-ASSESSABLE * * PROPERTY CHARACTERISTICS * * * Bedrooms Lot Acres :3 . 91 Bldg SgFt :7, 500 * Year Built : 1992 Lot SgFt :170, 319 1stFlrSgFt : } UpperFlrSF : The Information Provided Is Deemed Reliable, But Is Not Guaranteed. 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Jx 1 Cewnry of ---- 1'orNfp'ehgt the rlthdn !Hotta' ',1- _ JA-.riWV aYwr M Oftnt:wea rocadi1d'.dor record,on:,tlii b l MENEM-- ' *w Ash Lcothe m 0%=Cb .der of ........ rr.a[IttaOIYRY at .. .IS'C�OR •tiidrprlf.Q -'�, 4.+{� 7 �r �....._..-..•...... +noa+laaay tiles post..........:. .:..:or•a doam«nt//aa/lU+ A t' .:tee,Neweii .......-......... .... ifutnrwwtit/rrrrrolllni No z/,, m F +7 k aN .Ra�kl d Dards of tddow,xy Ilium �OMW 1. 10 m """rrrw rr hat1A +nd� . �' { -,, :Y;; �5;::;'{yc,'�=: 'ti;.' t<S 1,v t tY i;4 jay, r rt v�� �• .4�1 - — APR 19 '96 11 50AM CHIGA�t TITS w I>y' 'Js / 'n d Piss< fi a6,✓ k n �. mk''tt>'S 'E•4�# ,4 LT y. tr �� v wie ear r5i lY- r a YM` r, w 'y�. :e.5 br?:,, ���'1 � oe�stsib`tsaet o!r land sittsrte� ilii"Post ►sstr teut6;:;U'a'44! *it, of Aii .1tiX�aetlt�r r �e�it' eifay, al.,wasbi�aii"and'State;bL Cla� ei�:;1�Ir'l ' ria 1 �'� • rt, •ets�re�Lsd�aa-'lalfo+er -� �+rt, 'yf��rtaa�ttra'`.At'''t?re'^'fbutla agttrrr at ''Lo!"lclS� e�l�"thi'�ul r�►b'd' 1 ;. ,� t4 of ibRM2s0,NY2s M1i': '6t '�eaee wortb 10'32'!2' rx a` liar'to*teal;.a disttace of 70:23 ;Lrsrt..tw a6 i'': aCsy 23X'99" mets coatis> n. zinq;Alollq:eliiid"'/f+i'#C'2ti4ii',' �="`� b�rp=�dti�4 ' p ;k'ti l :.zeet to a .aaple points„tneaeo,north 3':32.03• 45 'Vftn L, ui6 si1 ti,A"s eaiQ''.xrst•,ltns.:.a distance of 71'.32 fset to' point ed t#sr x'sou 1 � J; . t ° atXtlie�rfsuXy,reaissdea,plat of ma"In KILL i10: 3l th*true a! r 1 doata'11ne-�.oi`MOWING 112LL L,yo::,3,:and theSsivek littie:of�M01t�fl�iV�lr�: distAnbra r,;liartlr 7,91 f ” ? t♦ `,.,-A >�'� attic_ w ,<<� 5�. distsiaae:°oL:`67'.00_.tsrts ..ehreee.ltarfa 71'34.'t1",rnitrit, a Q a �aLa"`a�fr �_ S� �_ � 1�f79� feiftf�;.tha��a�.lialtb"oda•1Q'.OeM •tirit;.;a-4ssttlttlllll bL'���3' ��;�'�e�'+sa4� �++;., " _ ,si#)ht-of-.ay;line,ot:s,it tiEttll Xvixwe^„r+t�otnit - ' .stiQ int b4 nQ,'30.it0",fit as 46f''a �`pard i� ld: Do 1 '•6 *, A�rY a1 1 n+eis+itiant!-st:ziQht:angiri) thr;es4ter2ias° tbarrsf; at}►(&i�aa - r� ' 1'43`52- Meet, alonQ`,said right-of-way Lint # distance,of<. 21'•:�7 ,l�<iot`': ' t les a angle pain ti t:senee South 36'16 08'.cast.to ioo:'lsatr r IV-W. Rest,.93.40'feet.to a'point:of crusratwCrs.:;tlr aalid8ati' l�taa srij►; - alosr :.tlre.hsa'of a• 17.00 ` y^� >' Q toot.radius esurve. to.;:;tM letft hi�ei3�li;air'? :;<:.”Y,rY•%�i.<}ti'.. aontria.angle"of 89'08139' an'#ra.distaho0 .of''42' .bears'SouM 43;4il,49' East..37_10'lest). •to. a'.yaiat`'o'Lrvtan et»a thenbeif ? "r> '" 4 aii. South;:tB lb*080:'East 296.9= eet to n poimt:,aL•.auIrvatus:r;1.,th+ericir,, � ' .�' liortheaitesrly+,'`along the are..of-a 15.00 foot:radius';eitirFb>to';thbr:i :a £ ";„t•a%`s thlouQh a central ang a of'zoi'42.2 '; an die 1 6 #i:a tAelCr;,cf{26.B3''`'f+bot' s- (the North 40”52'39' East, t3..27,trrt)::to:a .p tangency.. thenen'Worth 9'58134" Kest, 153.79 feet to.i ocin't - .'�::+`:' ourvatural thence Northveeterly along the are of, i,73,00 ,toot?,:radius'.;: .to tAe Xeft, through a central angle of s•38t3<, asI"-aao:;:din a � rm 9 4 •.; � t ribs^'t'Y:,, ,, > :of 7.39 frit (the,.chord YleacsiXortb 12`ta,•,oL"�. s,. 1 Y' Rent 'fr Tic 39 f.a=,j;y`x,ttirii'kss...:�-.;,`.. _ k,,w ,berth 7i�22.32" ,Rsat, a �dfrt*Qca:Of SO..oO;fai►t to is pal:x :xot� oq;�taiipe�s , auYve tesr't�b ti ht"''through aer to of,`S'•;38' " ya ar'"`434i�s VA Urex, Sautheastrrl along thet,,saze of a�125 00` o0 Q ,., 4 4 St y diataiier` 12 3z':,toot:-•(the:.ohord bears•,8outh',12*48.1 01` Basrt-rt 12 '32 f a t}f to — a a point of t#agenoys thrnc'r'South 9.58133""@1st, a`d3atanqu feet to,a point,of cur*atures ,then' 00 Southvsstes:�Y"� along ;tile;:-aro 3S1o0036taotrtscti'u0s.curve. to the. left, .thr{tAsri aliozd beta s=:� "an aza distanarof 22 3! Lrert r 4 , `v r-� ,;.7 4 ftNt.):�tla{a ipairsL,•'of 'ZitriQ*si�eyy� IiOb' Sd+a2'-#afit t7T 7B f a• 'ta lhs; in 1(ii�'i°ei�i3.iA'� ��, r _ r F e Pc► t'of o '3 j't {,• p�ry } C �4 fir ', y��i rkSiT 4 .��. 3�) a � i �K"` ,�„y`4 t rr i S , l Ytrti � a�'hr � �•4 �� '..Kgt+t�.� ,n r. .t r. nL ,Vi7g +vN' 'eTAta4F4 !,"a, a y 'rk �' �iYt��'}'f1^,r±'4:'.;?+,✓,,,2�,. t.. ^a,..,:•�,� , � + f y a s� #��l +r<'rG4r�paf�MlNr�lf1,,+' �t�f'F','''",y�,� — n}';�• "+ ,.+ , S c :,i 1 J'K ,- ny t �r ,{ a' `,fav rt�',Y.aa'`+ '� ;+ftC�•A. �r.i { t t .at�",a a t �� MID.TRtlldanr r i q.r M r ,r � t �flocs-t 9002N209 i{( i \' u° APR 19 '96 11:51AN CHICAGO TITLE P.5/15 CHICAGO TITLE INSURANCE COMPANY = M E T R O S C A N P R O P E R T Y P R O F I L E _ Washington County * OWNERSHIP INFORMATION * Reference Parcel 4 :2S104AB 08400 * Parcel Number :R1473408 * Owner :GORSLINE RUSSELL E & JANET E * COOWner * Site Address : 13431 SW SCOTTS BRIDGE DR TIGARD 97223 * Mail Address : 13431 SW SCOTTS BRIDGE DR TIGARD OR 97223 * Telephone :Owner Tenant * SALES AND LOAN INFORMATION f * * Transferred: 04/02/91 Loan Amount : * Document # :15760 Lender * Sale Price : $129 , 448 Loan Type * Deed Type * * * ASSESSMENT AND TAY INFORMATION * * * Land : $44, 830 Exempt Amount : * Structure: $112 , 860 Exempt Type . * Other Levy Code : 05185 * Total, :$157, 690 School Dist :BEAVERTON * Improved: 72 95-96 Taxes : $2, 035 . 88 * * * PROPERTY DESCRIPTION * * * Map Grid; 655 A4 * Census :Tract 319 . 03 Block 2 * MillRate: 12 .9107 * Sub/P1at :MORNING HILL NO.5 * Land Use: 1012 RES, IMPROVED * Legal :MORNING HILL NO. 5, LOT 113 * * * * * * PROPERTY CHARACTERISTICS * * * Bedrooms : 3 Lot ,Acres : Bldg SgFt :1, 671 * Year Built : 1990 Lot SgFt 1stFlrSgFt : 1, 671 * UpperFlrSF: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ..� ..,xnrtivx :w'";.;,•,•.,,•,:.;. ., fiz A-sx„t,::I�: CliIICA C TITL RPR, 19 11:52RM�C, � r ., .. 1 m..,e, ': '",,••,..i rtl�;ter"5.':. �t 1.s'..,,,,,. .,,..:t.{.'� __ 4-6 - WMA NntRoncoun+7 `I TiCOA TITLE drosuaaNtr ' STATUTORY WARRANTY DEF,D WEDGWOOD HOMES, INC., An Oregon corporation — 7" Grantor, eonveyxand+varranuto RUSSELL E. GOItSLINE AND JANET E. GORSLINE, husband and wife {{; Granite, the following 0setibed real property free of encumbrances except as specifically set forth herein sAusted in Washington County,Orcgoo,to Wit: ,'— .; a Let 113, Morning Hill 'Na. 5, in the city of Tigard, Wa3hington County, Oregon. Together with an casement for access across Lot 114, Horning Hill No. 5, as shown �a on the recordel plot thoreof, THIS INSTRUMENT WILL NOT ALLOW USE OF THF,PROPERTY DESCRISED IN THIS INSTRUMENT IN VIOLATION 0p APPLI. CABLE LAND USE LAWS AND Rf,CULATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUfR• INC FEE TITLE TO THE;PROPERTY SHOULD CHECK W I't•H TITS,APPROPRIATE CITY OR COUNTY PLANNING Df PARTMENT TO YERIPY APPROVED USES.The said propeny is fret from ceeumbrences except statutory powers of the unified sewerage agency; rights of the public do streets, roads and highway-; agreement: as of , a8lr ;ht record; restrictive covenant as of record; plat restrictions as of record; easemt:rits as of record, non-access reserve strip as of record. t�,', ' The true Codsideration for this conveyance is S 129,448.00 (Fitt+'tompig with lite requirements of ORS 43.0)0} \` t opted this 28 day of March 14 41 WEDGWOOD HOMES, INC., AN OREGON CORP. `,"_•,, urn Tort (:asriTr 1,-,� _ ;i� � `t1';•-'.•`,�I '�.� R„SIG PHbF£A;tY ?R�NSiFR T1X r'?= PAID Sam of Oregon,County of WASHINGTON State of Oregon.County of WASHINGTON ,1rt y` foregoing instr e s acknowied ed before t c this The fore oin Instrument was acknowtedgcd before the this ''— ,, 11 g g ' 1 tC is g• 9� 28 g g MARCH . 1 r: day of lar__by JOTiN�M. KLEIN :'j>ro}iititit and WEDGW OD H014E INC i"'•' " ' a _- 4* * on behalf of the corporation, a' _ Notary Public for Orcgor, -• ➢tj— �' l.' My commission capiresl to P to f regon My eo issio xDires: 7/26/91 WARRANTY I)EF•D STATE OP OREGON l; WEUGS4C+OD HOMES INC, ra�nina county+t Washington 88 GORSLINE L Jerry R.He rot Aemaaement end Taxation a der of Con- Until a change is requested,all tax statements Oaf]be deyttncs8 tel con �p(Js ertly that the within tr bn1'of.10741-Kf�ty rerah'ed r sent to the following addrrxx: and roc pr66stopofttaCofeli ofiO ounty- 4. MR. & MRS. RUSSELL GORSLINE 13431 SW SCOTTSBRIDGE DRIVE r J tri'q...Hrntp} I�lI or of TIGARD, OR. lk �p� at , Ex. Escrow No. 147562 Title No.. 147562 yj”' +* t :�•' After record MEI- 5 MRS. RUSSELL GORSLINE ap 0 UN�v' - 13431 SW SCOTTSBRIOGE DRIVE TIGARD, OR. 97223 Doc 81025760 Recta; 51815 163.00 04/02/1991 02:06:241FM Ticar Form No 131 Stptutory Warranty Dead 8/85 ac aa:k r APR 19 '96 11:53AM CHICAGO TITHE P.7!15 CHICAGO TITLE INSURANCE COMPANY M E T R 0 S C A N P R O P E R T Y P R O F I L E = Washington County * OWNERSHIP INFORMATION t Reference Parcel # :2S104AB 08504 * Parcel Number :R1473417 * Owner :SMITH BETTY JO * CoOwner * Site Address :13439 SW SCOTTS BRIDGE DR TIGARD 97223 * Mail Address :13439 SW SCOTTS BRIDGE DR TIGARD OR 97223 * Telephone :Owner 503-590 -1968 Tenant * SALES AND LOAN INFORMATION * * * Transferred: Loan Amount : * Document # : 88036351 Lender * Sale Price : $75 , 000 Loan Type * Deed Type * * * ASSESSMENT AND TAX INFORMATION * * * Land : $44, 830 Exempt Amount : * Structure :$91, 180 Exempt Type * Other Levy Code : 05185 * Total :$136, 010 School Dist :BEAVERTON * %Improved: 67 9596 Taxes :$1, 755 . 99 * * * PROPERTY DESCRIPTION * * * Map Grid: 655 A4 * Census :Tract 319 . 03 Block 2 * MillRate :12 . 9107 * Sub/Plat :MORNING HILL NO.5 * Land Use :1012 RES, IMPROVED * Legal :MORNING HILL NO.5, LOT 114 * * * PROPERTY CHARACTERISTICS * * * Bedrooms :3 Lot Acres Bldg SgFt : 1, 195 * Year Built : 1987 Lot SgFt 1stFlrSgFt : 1, 195 * UpperF1rSF : The Information Provided Is Deemed Reliable, But Is Not Guaranteed. APR 19 '96 11:54RM CHICAGO TITLE :,•' .' �':!} r... r'c.:; �... „ Jf MWAK.9 T1COR TiTW INSURMCI W36359 �rp�t:agien 6+our+h STATUTORY WaV tAN"P=0 VZOM a NOW, BC., #3 ONWO COMPA$2100 chaste,►° tlo.wys ar mumm t4 1= JO Ot1", AS UNUIM10 MM Onbl&. *a foilovift esodleatl real prawtty (to d trcmreebrasaa except as spmWkally m, fonot herein eitmimi ca ' IIASSM%W Coomy.Oraps,to wi!. LGT llh, 11MING HILL 110. 5. IN T$3 CITY OF TWARD. WASHINOTCY COtWY, OPMOl1. � TM IMMM JSSW WILL NOT A"W USE OF THI P9OPP.RT1(DESCRJWW IN THIS INSTRUMENT rz:'VIOLATION OF APPU- CAUJILAMU MtIAIL■SANDP ZOULuTmWt moNiI!l04Rt4CGEtMQT$Islw$TRV14ENT.nMPPEEPSOMAC Lq& DiC4l�"JOtlliiAtTt?tlIEIRDIERY'Y'lttliJLpC#iC3ii►fiHtF115APlRCPRdATEC�T!„QRj�Co: 11�}�ttgq:F1i L TO VEWY Y AP!l�DYED U!$R Tlr tale ytwwp it see ftm eaaaedieeereaa mww �9tSC� 7 R L+J M JPAU=9 SSATEIMY PCi M Air UXUPIED E1aiT,Otli X AOBIICY; XOR" OF Tn tPaLIC IN , MAW Am 11I0UYB; AGRUMT PDR aft= AS M R1'G3RI}; RWTRICTINY r 4VP.11T AS OF 1 PW REi MCrAM AS C? RDI 1 _NCh NOW-ACCUS ASE AS OF R1 CM) j 300= PW ACCUO AM WILITIRS AS OF - The Uum eoieta0astiioa fes this conveyame is S T5,000.00 (Hers comiNy With the mrquiteracnrs or OSIS 93.0,W) Mud tAb 12 day of August l0 438 V=W= HCMES, X rr iC 't TY i. f' •`�;X G 1e SAI s Stats Of OrtSon Z4AatY of Statc of Omson.Couto-v o? 313 elf p,,S Qn r Y The foeegoing isstrumeat rat ackmawkdSeod 'wfore rre chis The forcSoing inurvr:rr.nt Vigo at'know"lled beim me i1r::. day Sdf _ 19.�._Dy .f t h r s y� A-JL@ n�'�L_- 14.4,E_ t..°rtsidKzr snI �r iii d it - S.:recsr: of H o-: s a Inc . Oc'ettoil �_,. �Atw�oixtt>a. � on behalf of tqr rorpor 1 a» I Notary Public for vttsmt --� My co tion espims: - - t:ri a e Ureg.:n lwig coat'!:" o >cpirar: 0 7-t 6-9 2 �' WARRANTY DEED WE GSW ROWS, In. � STATE tY 0Rr:Gt* ZM,T_" JO DUTH c....r I ca+r«ry a w.ar+ln�to t° II i,f14na'C tY,1utJyc~ti,gtre[,ter got,ksse:snwnt j UvW a else is"geestsd,:Al to assiatrentr than be and tatxaroo.) anc Ex-(,Plkio Rawder or Con- WK W tlee Wowitts address, vVY3mas br saai cour0y.Go h"try rAwtity that { aimJO 911TH str he WI of WT" Wats rester°,rt+d kind raoo,t*d mCe s*of racsxds o'.snia county, r 13439 SW SCOrI SBRIDG:i. LFI. TI"", OR 97223 tXOrWd W. ma m, 0iremir of l:.ausr Mg. 339591< Tule No. 13959$ A.1Sa%an%vtt am :axarmon, r:.x- Alter rasa-disS recur»to. BETTY JO QTR 13439 SW SCINTMIDGE DR. TIGARD, OR 9T223 � Tiaor Farm Na 139 Statutory'WaaurtY Ong"195 APR 19 '96 11:54AM CHICAGO TITLE P.9i15 CHICAGO TITLE INSURANCE COMPANY = M E T R 0 S C A N P R O P E R T Y P R O F I L E _ Washington County * OWNERSHIP INFORMATION * Reference Parcel #:2S104AB 08600 * Parcel. Number :R1473426 * Owner :UHRICH-KITAYAMA REBECCA A & KITAYAMA STUAR * CoOwner } * Site Address :13444 SW SCOTTS BRIDGE DR TIGARD 97223 * Mail Address :13444 SW SCOTTS BRIDGE DR TIGARD OR 97223 * Telephone :Owner Tenant * * * SALES AND LOAN INFORMATION * * * Transferred: 02/26/96 Loan Amount : $131, 575 * Document # :16314 Lender :CERTIFIED FIN * Sale Price : $138, 500 Loan Type :CONVENTIONAL * Deed Type :WARRANTY * * * ASSESSMENT AND TAX INFORMATION * * * Land : $44 , 830 Exempt Amount : * Structure: $90, 930 Exempt Type * Other Levy Code : 05185 * Total :$135, 760 School Dist :BEAVERTON * %Improved: 67 95-96 Taxes : $1, 752 . 76 * * * PROPERTY DESCRIPTION * * * Map Grid: 655 A4 } * Census :Tract 319 . 03 Block 2 * M,illRate :12 . 9107 * Sub/Plat :MORNING HILL NO. 5 * Land Use:1012 RES, IMPROVED * Legal :MORNING HILL NO.5, LOT 115 * * * * * PROPERTY CHARACTERISTICS * * * Bedrooms : 2 Lot Acres Bldg SgFt : 1, 435 * Year Built : 1987 Lot SgFt 1stFlrSgFt: 1, 177 * UpperFlrSF: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. APR 19 '96 11�55AM CHICAGO TITLE P. 10i15 Mom STATE OF OREGON - Count o W � 1 SS f I Y s,.h(rt on - t 9 t3� OREGON Td�LE 1•Jerry R.Hanson,Director of ASaeag. _ ment and Taxation and C%-0166o County Insurnact Company 'Clerk for said county,do hereby ooRify that _ - fho W,Ihin instrument of wrilln9 Was rocolved and recorded in hook of rocorda of pale county. e � 1 After . Retuzll to. b PebWca A. Llhric h-Kitayama 1$444 SWScottabridge Drive ll{��VJJIii a. Tigard, Qzegcst 97223 AssCB men Hanand�a-aEon Ex f -- •N Q until. a d13f OMCIOCountyClerk YfE3 rFgi.11)�t1r3d, LA% StLtt3[><�fiL4 ' co r shall be sit: to the follaWiM address: D o C : 9601r,314 � T 159565 CP 1? S*E AS AEMS 02/?6/1996 03:09: 13.PM 177.bo 53711[71C>ZY WAP.PANI'SC � _ (Individual) M (Abvw-Spam-fL-� for facorder`;V;i.) T3lm" W. Morgan and Kilem K. M=sgan s` o Sys and warrants to Russ A. Uhrich-KitcTy+eomti &-d Stuart D. Kitayam. husband arld wife Ito fdllowfaV dasi=4betd teal praimmty in the Slade of Oceq= arxi Ommty of Wash free of —asntaatxs, emept as spccificaily sec forth herein: Yat 115, aocnctb rq to the duly filed plat of NL1 eTUZ HILL No. 5, i1't the City of Tigaizd, filed April 7. 1,987, in Mzt Book 63, Parse 33, Recexd, of the Cwn'ty of WashirUtrn -arid -- State of Oregcn. �t { aM jtil� 'rax Acctmt Numb=(s). R1473426 41w4 • This pzopstata y is free o€ tft'.ItlCra3, F]SCEa�r_ 1. The subject rwoperty lies within the bogies of the Lhitiir133 Sehosage Agrnoy and i3 subject to ti: levies and asges=.rts r1mmof. ry$ (Cmtinued) h .% .A VIASHINGTON tOVNTT ` _ =�,1. P.L14t MO?tRTY tRANSeEk )'AX F-a Pt10 DATE a 1i Rb xe tru:. consicl-ration for this =&jeY� is S138,5M.00 _R TM1S INST104MIT WILL Wr ALLOW U= OF THE PfaX4=Y DERM=W IN IMS MSM F31P 3N V%=- 3,} TICIQ Or APPL1(3V= LAM USE LUIS AND RMUrATIMU. Moan slaN DG aft Ac=mgo TKL5 ITb'IRf3- r u r` MW, Ttffi Pel ACa]t!?,$LLTC I•FE 11.11LE TO 'JSP PFiOPFRTY SWUYa QEI:T,IC WITH M }'SPPf40[rRTATL' QTY OR MUM PIAMICr AP,PAFLL OC TO VEMY APPROVM USM Atm TO DEMFM>ME ANY I<VArrS ON JAW- -- SiTJ'TF TC %M= FMMC OR FURESf Y'FFiL`ICM AS bEMIETD IN OECS 30.9210. DATED s'R day of February, 1996. T]Rp art EilqE— een fC. 1vYt[gan = ` STATE OF+(14MON CaW Y OF ss. 11v fmvgaing insertcJm was aoaledged befcme ma titin v day of f'ebxiAary, 1996, by u Ti o�thy W. and Eileen K. Morgan. r '= Notat y Pybl1C OFFICIAL UAL IUM TRYON r� Myr Cutmit3 3iaC1 6/21 98 NOTARY PUBIIO.OMON cal�Kltalo>k No,osao49 ��` MY COAtb11681ON UPIRES AM 21.Ion Order Ab.: 204709u APR 19 196 116AMHIL fi=r i STA4V'tt3M I00QZnY DEM (C mtirr ed) i+ t�t1INC S (CYa7tiraa3d) Order No.: 204709w 2. An mart created or dtwt and by instta=t, including tba term and prwis$ms �- • t2aereof,Dated Septm�mr 8, - +� - 1 953 segbmter 21, 1953 to a=* 348 page 565 = In favor of R,riland C V*Zal Electric Carpany, a corporation of ap Or%—, its mss and assigns Fbr Zlectt ricasl and tales linty,end rights - 3rstidental thereto Affects Enact 1CCBtton riot diu l sed of z�rucd - re► 3. 0-Wants. r-gtric lona, easeven'ta mWor wttaarits includim the term provisicns •t2=aof, disc.3.cmd by inst rLumt, Ia92�ad August 26, 1978 +b F October 13, 1978 as R 1a,r+e No. 78645347 NATE: This excqptim omits from said inmbm mast any covenant, wxiit3an or st rlctim based on race, color, religion, sic, handicap, familial ataU= cw _ national arigla as provided in 42 USC Sec. 3604, vr).Less and only to the eadmt ttz rs► the covenant, condition or zwtric ioa (a) is nut in violation of sure or federw • Lw, (b) is e=Wt urdw 42 = Sec. 3607, or (c) telAtee to a ha xitcap, but dceox rt _ discrIzimte against h- 1—'le• d. Restrictive covenmYtt3 to naive future rights Of remmiatrarce agairot the formaticr of a to ml. trproyemant district, I : Qcbmber ll, 1983 as F .r's Fee No. 83037522 Wpa of brProvement : Street S. Restrictive counts to waive future rights if remonsttat%ne against tf* focmari, ., of -- a local 9iprtm3rmts district, Rew¢'de d October 30, 1986 as Recorder's Fele No. 86050547 ; Type of Xvprovement Street x 6. Utility easaw nt as dedicated or deli x-mated on the.moorded plat of MMWI C BILL .o. 5. ,Affects : 6 feet in width along all, rear and front lot lisps abutting public rights of way and S feet in width alo V -_ all Ott I= lot Urres 7. Cine foam nm reserve strip alcrg the 'West lot lista. - c 1 APR 19 '96 11:57RM CHICAGO TITLE P.12115 CHICAGO TITLE INSURANCE COMPANY = M E T R O S C A N P R O P E R T Y P R O F I L E _ Washington County * OWNERSHIP INFORMATION * Reference Parcel #:2SI04AB 08700 * Parcel Number :R1473435 * Owner :ROGERS DOUGLAS A & ERIN E * CoOwner * Site Address :13436 SW SCOTTS BRIDGE DR TIGARD 97223 * Mail Address :13436 SW SCOTTS BRIDGE DR TIGARD OR 97223 * Telephone :Owner Tenant + * * * SALES AND LOAN INFORMATION * Transferred: 04/13/93 Loan Amount : $99, 950 * Document ## :27825 Lender :GREAT WESTERN BK * Sale Price :$124, 950 Loan Type :CONVENTIONAL * Deed Type :WARRANTY + + * ASSESSMENT AND TAX INFORMATION * Land :$44, 830 Exempt Amount : * St.ructure :$100, 800 Exempt Type * Other Levy Code : 05185 * Total :$145, 630 School Dist :BEAVERTON * %Improved: 69 95-96 Taxes : $1, 880 . 19 * * * PROPERTY DESCRIPTION * + * Map Grid: 655 A4 * Census :Tract 319 . 03 Block 2 * MillRate :12 . 91.07 * Sub/Plat :MORNING HILL NO.5 } Land Use : 1012 RES, IMPRO'VED * Legal :MORNING HILL NO. 5, LOT 116 * + * PROPERTY CHARACTERISTICS * + } Bedrooms :3 Lot Acres Bldg SgFt : 1, 613 } Year .Built :1.987 Lot SgFt lstFIrSgFt : 1, 195 * UpperFlrSF: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. R-19 '96 11:57AM CHICAGO TITS P.19i1� ,y1 } IY��� �.r,xi�y,t#4 P t r1 w — S �_-OF STAT WARRANTY DP.1SA + UTAtY.FORK �� �aTh��tn Corporation).MIUvidual a ;' C GOrp 9n1. T+71i�„No ton wins &Sr ��— M TROY ALLPS P /n '1 ✓ ,T� y -= ALTiPjt'kIID TANIA 1;AY PALMI, , AS,TP'xANTs 9Y TII15 tNTIR1rT!' Grantor conYays ar:t! u'arrattta'tat '+ 'k k — p "DOUGLAS.•Il. ROGERS.AND ERIN E. ROGFJI3 ; AS TENANTS 8Y T1tE F.NTIRRTZ J 4th S4 wj fflA C1><antes,',the fallorrit:t described real property free of encumbrancea except as �” r.�"� i +f,apec1fIcilly Set forth hereint ph+�4,Ap drbt ll , ttt1EDI1tG,Sia NO 5 CITY 0P T3GAR1i1• in the County;of tiASHIRtiTOtt and Stat� t9i', — �{ydli.11. 2$ `T111( LO'C 8>'OO i`s�iliNiXTM*nt will not allow;use of the property eescribe4 it this, his innti'ument:,fin .� 01010ta of.applicable land use 1&1* and.regulations. $e r` nstr+�aeitt,.,the'parann,aoyuirins fee title to the Property�ahouldgche=k�withctPt= g..xhls;;;,.: =yr ° < X r r tpprvpriate City or County planning department to verify approvod`uaaa: `';.., �•�`Y[.rVlf'i4R✓�YCrI♦ .. A r�T14,ASI�r — '�TH$ PRElfi� HEREIN DPSCRIBED ARF WTT)1T% AND SULTECT TO.ME STATUT(!RY Poll INC1,{tDING � �r OF ASSFSSKENT OF TRE UNIFIED SEWERAGE AGENCY OF WASHINGTON COtiNTY. A�1. EASEMFaiT RECQRDFD.'SEPTDeER 21, 1953 IN BOOK 36g, PAGE $03.'COVEMANTS,.CONDITIONS , , :!N'Ml'RTCTIONS;AND''EA$EKPXTS,RECORDFD.JANUARY 22, 1979 AS.RFCORDEN S FER K0. i900261I AFTI;lRDEb >3Y'INSTRUlIFNT,RECORDED KAY'5, 1992. AS RECORDER'S FRE:NO. 92030338: R$STRICTTW ' OVF14A1PTS RECO"ft'OCT0$ER 11, 1983 AS RECORDER'S PRE NO. 83037522. RF3IRIGT2vE ;�COVF.NUffS RECORDED OCTOBER 30, 1986 AS RECORDER' S PRE No. a6050567: PASMIM A5 ZSDFDICATED OR DELINEATED ON THE RECORDED PLAT. NOR-ACCESS.RESERVATION AS"SHOW ON!.THR tRL'=Mt) PCAT.' the true consideratton.for..this conveyance is.$126,9SO,o0. - — Dated this'�']lltiti2 32 . .. 1993; if a corporate arantor, it has caawed+,Ats _ "MM to be sigtted by order of Its board of.directors. TARIA YAT PALMER !!� WAS"JM4TUNAIMAlt STATE 0P'0RFGON, ) _-- County of. cxackal apxSX 12 �, 1993. ) XE8"Ally:;*ppe*re4 .the above named TROY. PALKER'snd,TANTA KAY PALMER and acknoviedted-the fore:oing Instrument to beU*91129 -- /their voluntary act and daed. $ 1M OF OFUMM tbefore met }} , G4w+RY a Vbd*4*� end Ti� rat irotft ary blit for Oregon --% u - Ky c anion expireat S/13jss . .{ orf! After recordini return and ' o send tax statementA to: WUGL45'A:.R06FYt3 . �*C01SN� Doc 9302782.5 Rect: 97959 258.pO Esc"".No. 420015669 CE Order No. 108339 04/13/1993 02:17t27PM r■� APR 19 '96 11:59AM CHICAGO TITLE P.14/15 CHICAGO TITLE INSURANCE COMPANY M E T R 0 S C A N P R O P E R T Y P R O F I L E _ Washington County * OWNERSHIP INFORMATION * Reference Parcel ## : 2S104AB 08800 * Parcel Number :R1473444 * Owner :BUCKINGHAM BRIAN K * CoOwner :CYNTHIA A * Site Address :13428 SW SCOTTS BRIDGE DR TIGARD 97223 * Mail Address : 1.3428 SW SCOTTS BRIDGE DR TIGARD OR 97223 * Telephone :Owner Tenant * * * SALES AND LOAN INFORMATION * * * Tra.nsferred: 11f12f93 Loan Amount :$126 , 750 * Document ## : 94204 Lender :BANK OF AMERICA * Sale Price :$141., 750 Loan, Type :CONVENTIONAL * Deed Type :WARRANTY * * * ASSESSMENT AND TAX INFORMATION * * * Land :$44, 830 Exempt Amount : * Structure : $117, 150 Exempt Type # * Other Levy Code : 05185 * Total :$161, 980 School Dist :BEAVERTON * %Improved:72 95-96 Taxes : $2, 091 .27 * * PROPERTY DESCRIPTION -------------------- * * * Map Gxid:655 A4 * Census :Tract 319 . 03 Block 2 * MillRate: 12 . 9107 * Sub/Plat :MORNING HILL * Land Use : 1012 RES, IMPROVED * Legal :MORNING HILL 5, LOT 117 * * * * * * PROPERTY CHARACTERISTICS * * * Bedrooms : 2 Lot Acres Bldg SgFt :1, 919 * Year Built : 1988 Lot SgFt IstFlrSgFt :1, 175 * UpperFlrSF: 744 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. _ -n®��nwYl®F—nom11 er "�6 11.59AM CHICAGO TITL 9304204 - - �3 ?� $, 1L1'�- U�l�GON T� abet 'I= - _ � �+- Is�s�ae Carrspar�Y t DrXtiv�asl) - . _ - R2bstt t. EUJott cwftu aid ratsaaw to ryCl< orUml !oast axtirg-em arid Opi t,s Am elxfdautwm, bmbm-d and W19m _ the ta3 IaWa 6morwAbaa Batt pccpwV In *m I. at *oW= and Cmvi'ty of f!1B*d gM1irn ;tealr of Q=XACUOW, amm" as .pmuLmuy Art an harmint Lac 117, +er =dirq to tis *Ay filed plat:of#sem f= W. S. Sas this City of Road, turd April. 7, 193'7, in Plat ftck 63, Page 33, f=rft of the Qmanty Of ftOrf Ar*tcn we sets at mat. — ' WASNINGTON COUNTY � n. REIG irtppERT?' fRAMscEA �x $��L� Tax)cc*ztt C(a): R14734d4 2S14.A••O&W PEE PWO � DATE Thl!i ycgw ty Is f"s cc , : Levies and of Us kkdMed SmoWage Agermsy; Matters as *tt=sand on 'sem I 111 1 d D1nz> OyAwIersts, eeseatts, zetttuit dcria rw=dad 9/71/53 Deck 348, page 505; ` lA/i3/,*n #1?780sw47: u/11/'x&3 3 m; 10/30/86 #86050587. f t Ths trm camaidwetim fcs this mr,tm'oe is $161,750.CD nonowr 11=wr lliti'it t716t or=Picnf'101 IIi'IItTft xxf60120m =VIK'rA- _ If'. e =Ps" !'u'±'1 w To m�Y == amKm7m momm TR C m = �)tt;t COtp1PJt PLAta W NNOMM 70 VMW 71PRf+'OV= QW. 1x1'lED this /l clay of )bved r, 1993. , f.`nm OP Om", =MY cr%m0&Qtm)9s- — em faac+Blpa +rye adararlfdpW 6afam slew t'Aie dey of Mvmbw, 1993, by '�' 1 g13Sertt. - ;1 _ CFFirJ�►t,SEAL JOAN N.W _ i; Kkrt,►Rr RJBUC.OR860N i _ catrarxslort r+u.ateaia a'r cDN#Immw EXF IRES JUN£6,:vw Hy Edrptz�ss=_��j �f - SUM OF OREGON CZL$w Tb.; 201918w •• County of Waahington 14W P,HA r of ASasa8ment and RI¢r d Oaf- AY1rcC FftooCtlimg fri TO ,Y",%. a( c ? 4iY c+wty r' W. &l+E o. 8f[i,ats K. Et1CkirahlB tFtat S►w �j t Ng Wea " s l fi?,13 Hie Dscive as YO of ; r Tiumd, or r, n 9= K E n, � : tkr.�t e+�er�I is ser,3unst^�d, tlnc s�rtra� ?n shalt to halt to tlya � W. { . &We. Briar., N 13M tai S=tts Midge i1rive COUNCs' - r Tigard, Ot+aQM 97M Doc 43094204 4 Rect: 111597 175.00 ire 1),/12/1993 03:13:44PM �T I�ON STREET DEDICATION 8605053*8 KNOW ALL MEN BY THESE PRESENTS, that WALTER WEST CORPORATION TO_h.,Jy for street..., road And utility purposes On, over, across, under, along and within the following descril.!d real property in Washington County, Oregon: '_' See attached legal description To have and to hold thr above-described and dedicated rights unto the Public forever for uses and purposes hereinabove stated. The grantor(s) hereby covenants that they Ate the Owner It) fee simple and the property is free of all liens and encumbrances, they have good and legal rigi)t to grant tt,elr rights above-described, anc, they will pay all taxes and arsesaments due and owing on the property. The amount paid for this dedication is $ C Ni IN WITNESS WHEREOF, the undersigned corporation has caused this Strect Dedication N to he executed by its duly authorized, undersigned officera acting pursuant to resolution of Its Board of Mroctora. R t4EST 'ORPORATION Name of Cor aeon By: President .......... ecretAry STATE OF OREGON COUNTY OF June 4 19 `0 Personally appeared WALTER L. WEST and 111t\1 1�. Wj%S'l' who, each being f irst duly sworn, -jj'did say Chat t h former In Nt thepresident and that th+ latter In the Pecretary of I a corporation, arid that the ricni, offixed to the �faregair.g instrument sthe 7 ate seal of nnlJ corporation rind tb&t, AnId ' Instrument was signed and scaled in behalf of said corporation by authority of Its `-,)rd of directors; and each of them acknowledged said Instrument to be its voluntary act and deed. {Official Seal) %J ry Pub COregon r 4y C o In miav n expires: ACCEPTANCE Approved as to form this d a y of 19 xit By: —A c'�r n e of Ti sect Approved as to legal degcrIptton this day l9 City Erg City t,t TIFj4d < Adeen5thd Y thq city coun c I I t i I is d a y of _ yr �r- Ste— -' 19 CITCO� CITY OF TIGARD, 0 V E G I 1. 0 0 rJt f City Recorder City of :Flgard rt #y r }� 4 • A 0 ' Vii'' }K{ 1 Westlake Consultants Inc. 7145 S.W. Varns ted. Tigard, Oregon 97223 5033-684 0652 Walter West Construction Greenfield Village Apts Street Dedication Project No. 224-02-86 May 30 , 1986 LEGAL DESCRIPTION A tract of land situated in the N.W. 1/4, Section 4, `1'.2S. , R.1W. , W.M. , City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a point that is South 0201.4'27" West, 41.0 .00 feet and North 88025103" West, 35.00 feet from the North quarter corner of said Section 4, said point also being Lir, Southeast corner of that tract of land conveyed to frank E. /-,szman and Janis E. Aszman, record^d in Fee No. 85-042966, Washington County t deed records; thence, North 88`25103" West, along the South line of :;aid Aszmaal tract, a distance of. 12.88 feet; thence, along the arc of a 315.00 foot radius curve to the right , through a central, angle of 16007'45" {(:hord hears South 26`44 .47;1 West, 88.38 feet) an arc di t.anc:e of 88.68 feet , to a poirnt on the South line of that tract oz land conveyer} to ;'rank E. Aszin,xn and Janis E. Aszm,an, and recorded in Book 12 i0 , i"age '134, Washington County deed records; thence, South 88025'03" East, along Lite south line of said Aszman tract recorded in Book 1210 , Page 334, a distance of 49.54 feet to a point on the West night-of-way line of St, 135th Nvenne (C.R. 934) as conveyed to the public and recorded in r3ook 1025, Page 310 , Washington County deed records; thence, North 02014127" East, along the West right-of•-way lane o1: said SW 135th Avenue, 80 .00 feet to the point of be c}inninc,. Basis of bearing for legal description is C.S. 21,399. Contains 2,055 square feet. - ENGINEEFIING ! SURVE:YINL} / FLAN1i^Ji-, —:-- t Y 5 � M � . w 7 • ■ Y5 ` 1 IN THE BOARD OF COU17TY COMMISSIONERS 2 FOR WASHINGTON COU4iY, OREEGON 3 In the Matter of Accepting a Deed ) of Dedication from EVUYN G. liansen ) RESOLUTION AND ORDER 4 � ) NO. _ 7 S -"/ S- 5 Dedicating this Property as a ) Public Way. ) 6 7 This matter having been considered by the Lkoard of 8 County Commissioners of Washingto:. --ou:.ty, Oregon, at its 9 rec�lar meeting of the '7th :ay of Mao 1.97 5 ; and 10 It appearing to the Board that 11 .4 �!rFI.Y'! r,. IinNsetl 12 has presented to this Board a deed dedicating to the public as 13 a public way forever, certain real property describLd as 14 follows, to wit: 15 Beginning at angle point No. 6 of County Road No. 934 (S.W. 135th Ave.) , � the quarter corner of the north line of Section 4, T2S, RIW, W.M.; 16 Thence S 0' 27' W following the centerline of said County Road No. 934, 490 feet to the south line of Parcel II as described in that "Contract" 17 of Sale" as recorded in Rook 478, Page 109 through 116, inclusive, Washington County, Oregon heed Records; Thence nn° Vin' �' .lr . .... 18 south line of said parcel 35.0 feet: thenc, '1° 27' F. ntrallel to and always 35.0 feet from (when measured at right anpleR) said centerline, 19 490 feet to the north line of said S.ction 4; Thence N 84' 48' F following, ~ >- said section line, 35.0 feet to the place of beginning. z 20 This description written from Survev NO. 86RO as Recorded in the eR 21 Washington County Surveyor's Office. _ 22 l 23 .n NS :4 0M V-2 25 1z O 24 V ; �1025 ' mu '■ ` II� %-ITYOFTIG.ARD,OREGON .--,,...- EXHIBIT: D RESOLUTION NO. 96- 3-1 A RESOLUTION CONCERNING THE VACATION OF APPROMLATELY 6,445 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW 135TH AVENUE. WHEREAS,the right-of-way for SW 1.3)5th Avenue had been dedicated to the public; and WHEREAS, the City approved a Subdivision (SUB 93-0008) for the construction of Castle Hill Phase 11, and WHEREAS,SW 135th Avenue was realigned in conjunction with the construction of Castle Hill Phase II, and WHEREAS, the approximately 6,445 square feet of public right-of-way is no longer necessary; and WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. I NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council initiates a request for the vacation of approximately 6,445 square feet of public right-of-way on SW 135th Avenue, as more particularly described in Exhibit"B". SECTION 2: A public hearing is hereby called to be held by the City Council on Tuesday, August 13), 1996, at 7:30 p-m. 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 vacating of said public right-of-way. SECTION 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing,-the first publication to be on July 25, 1996 and the filial publication to be on Aug gust 1, 1996. The Recorder is further directed to cause to have posted within five days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. SECTION 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and by reference,made a part hereof. PASSED: This day ofALL4� :;66,. 199 or- City of Tigm/d RESOMMON NO. 963-2 Page I ATTEST: - City Recorder-City of Tigard 1.cicywid6j=kvac 135ttL= Will D. 051301%1:16•:'PM RESOLUTION NO. 96-Y Page 2 AGENDA ITEM# For Agenda of S!1 Al Ll 6 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiation of Vacation Proceedings for approximately 6.445 square feet of public right- of-way!2n SW 135th Avenue PREPARED BY: William D'Andrea DEPT HEAD OK / CITY CITY ADMIN OK-Idpt- I ISSJJE BEFORE THE C012iCIL Should the City Council initiate vacation proceedings involving approximately 6,445 square feet of public right-of-way on SW 135th Avenue? STAFF RECOMMENDATION It is recommended that City Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY In the City vacation process of streets, easements, and other public dedicated areas, the City Council begins the process by passing a resolution to schedule a public hearing to consider such requests. The City of Tigard Engineering Department is requesting that the City Council initiate vacation proceedings for approximately 6,445 square feet of public right-of-way on SW 135th Avenue. In conjunction with the construction of Castle Hill No.2 Subdivision, SW 135th Avenue was re-aligned to provide a"T" intersection. The re-alignment shifted the road to the west (See "Exhibit A"). As a result, an approximately 6,445 square foot portion of the public right-of-way is no longer needed. The area to be vacated will go to the property owners adjacent to the area to be vacated. The City Council postponed consideration of the vacation until the August 27, 1996 Council meeting to address the issue regarding fences and access. The general easement would allow fences to be constructed. Property owners would have to permit access to those utilities needing access. Repair of fencing and grounds would be the responsibility of the utility. Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration. Attachments: Exhibit A- (site plan) Exhibit C -(vicinity map) Exhibit B -(legal description) Exhibit D-(Res. 96-37). OTHER VES CONSIDERED Take no action at this time. FISCAL NOTES All fees have been paid by the applicant. iAci"ide\sum\vacl35t2.sum will d. 08/19/9610:58 AM CITY OF TIGARD,OREGON ORDINANCE NO.96-- AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW 135TH AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on June 11, 1996; and WHEREAS,the right-of-way for SW 135th Avenue had been dedicated to the public; and WHEREAS, the City approved a Subdivision (SUB 93-0008) for the development of Castle Hill No.2 Subdivision; and WHEREAS, Southwest 135th Avenue was re-aligned in conjunction with the construction of Castle Hill No.2 Subdivision; and WHEREAS,the approximately 6,445 square feet of public right-of-way is no longer necessary; and WHEREAS,the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have no objections; and WHEREAS, GTE Telephone Operations has a major six-way conduit system on the west side of the centerline within the old SW 135th Avenue right-of-way which will require the granting of a utility easement; and WHEREAS, the City of Tigard Water Department has a 16-inch water main located within the proposed vacation area that will require the granting of a 15-foot utility easement; 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, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; 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 August 13, 1996, and August 27, 1996 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 be ORS 271.120 and TMC Section 15.08.130; and ORDINANCE No.96- i:\citywide\ord\vac I 35t2.ord Page I of 2 will d. 08/19/96 11:16 AM WHEREAS,the Council finds that the following conditions are necessary to vacate said land: 1. A utility easement shall be provided within the vacation area. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 6,445 square feet of public right-of-way as shown and described on the attached Exhibits A and B (map and legal description of area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. A utility easement shall be provided within the vacation area. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of , 1996. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 1996. James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE No.96- is\citywide\ord\vac135t2.ord Page 2 of 2 will d. 08/19/96 11:16 AM h j ry f1 i f 0 c tis N / i N 116 t LLLI F 0. 0 1t: N �• wl _ .... n � v a 4 lr l vg'.v YAQ%:C.v '.;.*4E (ry ...vG A, ,.� 2w-7i 1 i I PLOT PLAN � � CASE NO. ! 4 ��,�tt ` SW 135th Avenue /"� MAP Public Right-of-Way Vacation f EXHIBIT B LEGAL DESCRIPTION FOR ROAD VACATION That portion of S.W. 135th Avenue in Northeast One-Quarter of Section 4,Township South, Range I West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Northwest Comer of Lot 114 Morning Hill No. 5 as recorded in Book Page 6" Pao 3 3 of the Washington County Subdivision records; thence S 02* 14' 27"W, .3 )1) along the westerly line of said Morning Hill No. 5, a distance of 2.3)2.00 feet to the south west comer of Lot 117 of Morning Hill No. 5 and the north line of the property described in Fee No.90028208 in the Washington County Deed Records; thence N 870 45' 33"W, along said north line, a distance of 15.00 feet to the northwest comer of said Fee No.; thence S 02* 14' 27" W a distance of 259.25 feet to a point on a curve to the left; thence along said curve with a radius of 545.00 feet,a delta of 03* 13' 24"(a chord which bears N 160 47' 50" W, 30.66 feet) and a length of 30.66 feet to a point which is 10.00 feet easterly of the center line of S.W. 135th Avenue(when measured at right angles); thence N 02* 14' 27"E, parallel with and 10.00 feet from said centerline,a distance of 280.27 feet to a point; thence N 10' 25' 20" E a distance of 49.19 feet; thence N 6* 25* 17­ E a distance of 60.16 feet to a point on a non tangent on curve to the left; thence along said curve with a radius of 380.00 feet, a delta of 80 40' 24"(a chord which bears N 90 33' 55" E, 57.47 feet), and a length of 57.52 feet to the extension of the north line of Lot 114 Morning Hill No. 5; thence S 87' 45' 3')" E, along the extension of the North line, a distance of 5.46 feet to the point of beginning. SUBJECT TO a utility easement for all utilities on or within the entire vacated portion of said 135th Avenue. i:'enejohnrh\135%ac.&-s �1 lull0 Kilrill I\�I ',�� 11 11 p1 46 iiiiiN�� • C � - . NINON�1�1�►1 . i ii ,_ .. t: —ITY OF TIGARD,OREGON'; _ URMIT D RESOLUTION NO.96- ,3—; _ A RESOLUTION CONCERNING THE VACATION OF APPRO.XDLATELY 6,445 SQUARE FEET OF PUBLIC RIGIiT-OF•WAY ON SW 135TH AVENUE. WHEREAS,the right-of-way for SW I3Sth Avenue had been dedicated to the public; and WHEREAS, the City approved a Subdivision(SUB 93-0008} for the construction of Castle Hill Phase II; and WHEREAS,SW 135th Avenue was realigned in conjunction with the construction of Castle Hill Phase R; and WHEREAS,the approximately 6,445 square feet of public right-of-way is no longer necessary; and WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council initiates a request for the vacation of approximately 6,445 square feet of public right-of-way on SW 135th Avenue, as more particularly described in Exhibit"B". SECTION 2: A public hearing is hereby called to be held by the City Council on Tuesday,August 13, 1996, at 7:30 p.m. 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 vacating of said public right-of-way. SECTION 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing,-the first publication to be on July 25, 1996 and the final publication to be on August 1, 1996. The Recorder is further directed to cause to have posted within five days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. SECTION 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and by reference,made a part hereof. PASSED: This day of�/I. S��cs.�— ___1996. or-City of Ti d RESOLUTION AtO.96�� Page 1 ATTEST: City Recorder•City of Tigard i:\citywiddlteslvac 13sch.�ss Will D. OU300961:1622 PM RESOLUTION NO. 96-i Page 2 August 23, 1996 AUG 2 0 Councilor Paul Hunt Tigard City Council �L11r, 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Dear Councilor Hunt, Ref: August 13, 1996 Council Meeting which you chaired and agenda item Number 7 VACATION OF APPROXIMATELY 6,445 SQ FT OF PUBLIC RIGHT OF WAY ON SW 135TH AVE. OUR Two members of this church were present at subject meeting, Mr. Terry Wilson and Vic Rein. REDEEMERIt was our understanding that the legal vacation of approximately 2,448 square feet of LUTHERAN land to Our Redeemer Lutheran Church would occur at that meeting (see attached drawing). Mrs. Cyndi Buckingham also attended the meeting. She and her husband Brian Buckingham are owners of the home located on lot 117. In addition, Mr. Douglas Roger was present. He and his wife Erin Roger are owners of the home located on lot11b. During the meeting, Cyndi Buckingham addressed agenda item 7-d with several concerns which directly involve vacation of land to lots 117 and 116. After a brief discussion of these concerns, the Council agreed to table agenda item Number 7 until a future meeting. This development was disappointing, especially since this was not the first delay in finalizing the vacation of this property. Since the August 13th meeting, Terry Wilson and Vic Rein have taken the liberty to person- ally discuss with the Buckinghams and Rogers the concerns they have for the vacation of land west of their lots. We learned: 1. They desire assurance that the overflow system from the pond is adequate to prevent flooding into lots 117 and 116. Should flooding occur, what recourse do they have? 2. A fire hydrant, water meter and telephone riser are located on the land to be vacated at, or near, the property line between lots 117 and 116. They realize the utility compan- ies require access to this equipment, but are concerned that their fences could cause an access problem and potential damage to their property (ref: next paragraph). 3. Both the Buckinghams and the Rogers want to move their fences to the new west side lot line. The elevation of S.W. 135th and Walnut's intersection allows auto headlights to beam directly into both homes. By moving the fences to the new lot line, this annoy- ance should be eliminated. We sympathize with the concerns of these folks and hope the Council can use its influence to resolve these questions at an early date! Our Redeemer Lutheran Church desires to im- prove the appearance of the vacated property alloted to us. Please advise if we can be of any assistance to complete this property vacation soon. Thank you! Very truly yours, OUR REDEEMER LUTHERAN CHURCH amen Harbolt Terry Wilson Copies to: President Vice President Mayor Jim Nicoli - Councilor Brian Moore - PASTOR Councilor Bob Rohlf - Councilor Ken Scheckla PAUL UNNENIANN Catherine Wheatley, City Recorder - Jim Hendryx, Community Development Director - William Monahan, 12256 Sm. 135th City Administrator - Nels Mickaelson, Planning Dept. Tigard,OR 97223 Mr. & Mrs. Brian Buckingham - Mr. & Mrs. Douglas Roger I 113 t 4. 114 C7 N h 115 N 1 im m U j 03 J ~ N0. 2 N 116 W ! {O C2LdZ > L6 117 < tun)LAJ _ F-- Ln a U ir a V W W L J ! W J" 40' W 0 W an I a ! a O NEW VACATION LINE O- Yv� 10' EAST OF OLD CENTERLINE v}� ! ANGLED AT THE SOUTH LINE OF LOT 116 TO INCLUDE +� ACCESS FOR DETENSION POND MEMORANDUM CITY OF TIGARD, OREGON DATE: August 26, 1996 TO: Will D'Andrea,Planning Division FROM: Brian Rager,Development Review Engineerv� RE: PONDS LOCATED AT 135TH AND WALNUT In response to the letter submitted from Our Redeemer Lutheran Church,specifically with respect to concerns raised by nearby property owners, I would like to explain how the ponds were designed. Basically,there are three ponds and all were designed to function without overflowing up to a 25-year storm even. The first pond,on the east side of 135th(adjacent to the church) is designed to flow into the second pond, on the west side of 135th. From there,the storm water flows into the third pond further west on Walnut Street. These ponds function as wetponds,which means that they remain wet for a majority of the year. In reality,the two ponds near the intersection of 135th and Walnut dry up in the summer, but the third pond remains wet all year. Last year, during the heavy rain events,we experienced no overflows from any of the ponds,even though reports indicated we experienced 50 to 100-year storm events. I do not have any concerns with the volume capacity of the ponds. 1AENGIBRIANR\0826WILL.MEM PAGE 1 -mac �v�ti'.`..4\44\• \ h'.'ti r': 4v rl h r;4\ ``�\ •,.••4.. CITY OF TIGARD :.tib \• \\" }h� ``r•'\::\•v 1•.' IN PUBLIC NOTICE: :.• .;• ' `, • �h'.::.:. Anyone wishing to speak on an agenda ; ;:•:. h \hh,r„ r.\�tir�'`��r, 4�,\\\ ;w� ,*,;:'\�h�:>. item should sign on the appropriate sign- , ;\\• V ��:•1\'\•\ 'v:1v.4,;i�v�;. up sheet(s). If no sheet is available ask "<; ; ,r., : • ,,.;\,` .,,� ; , ,.<a,a',•,r gn to be recognized by the Mayor at the 4 `\..�'� \:,.�\�•.;\r':C4`;\ter\\\et:\\huh\\\`,•.'.ha:: a” ,�.;\��,V:.\\\��\r\\aa�•�,•lr���hw:{+?r.\\r�`\:\`+' �� h\4Q'\��>Y.�4�,.'4ti•.tiU+: Y:<.:<:h\•hh'U'o4:�? ;}..`;, ,: : :.` .: \� `.� :: :.hw < 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 Administrator. 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 aaeada 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 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - AUGUST 27, 1996 - PAGE 1 AGENDA Tigard City Council Meeting - August 27, 1996 • STUDY MEETING > UPDATE: Visioning Project • Assistant to the City Administrator and Management Analyst/Risk > EXECUTIVE SESSION: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1 ) (d), (e), at (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > Agenda Review 1. BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes - July 23, 1996 3.2 Initiate Vacation Proceedings - S.W. Torland Court - Resolution No. 96- 3.3 Local Contract Review Board: a. Award Contract for City Hall Roof Remodel 3.4 Approve Community Development Block Grant Proposals - Resolution No. 96- COUNCIL AGENDA - AUGUST 27, 1996 - PAGE 2 3.5 Authorize Mayor to Sign Intergovernmental Agreement for Preparation of an Interurban Rail Feasibility Analysis, Phase 1. 3.6 Authorize City Administrator to Approve Dedication of Reserve Strips as Rights of Way - Resolution No. 96- 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. PUBLIC HEARING CONTINUED FROM THE AUGUST 13, 1996 CITY COUNCIL MEETING (QUASI-JUDICIAL) - VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT OF WAY LOCATED ON SW 135TH AVENUE The request was initiated by the City Council on June 11, 1996. Any interested person may appear and be heard for or against the proposed vacation of said public right of way. Any written objections or remonstrances shall be filed with the City Recorder by August 27, 1996, by 7:30 p.m. a. Continue Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 96- 5. PUBLIC HEARING (LEGISLATIVE) TO CONSIDER FORWARDING CHARTER AMENDMENTS TO THE VOTERS ON NOVEMBER 5, 1996 a. Public Hearing Opened b. Staff Report (Community Development Department) C. Public Testimony (Proponents, Opponents) d. Staff Recommendation e. Council Questions or Comments f. Public Hearing Closed g. Council Consideration: Resolution No. 96- COUNCIL AGENDA - AUGUST 27, 1996 - PAGE 3 S. PUBLIC HEARING (LEGISLATIVE) COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0002 AKA BUSINESS SERVICES (Set over from the July 9, 1996 Council meeting.) REQUEST: Amend the text of policy 12.2.1(2)(1a) of the Comprehensive Plan to modify the spacing and locational criteria for General Commercial land uses. LOCATION: City Wide. ZONE: N/A APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 9, 10, 11 and 12; Tigard Comprehensive Plan policies 1.1.1(a), 1.1.1 (c), 2.1.1, 5.4, 6.1.1, 8.1.1 and 12.2.2; Tigard Community Development Code chapter 18.30; and Oregon Administrative Rule Chapter 660, Division 12. a. Public Hearing Opened b. Declarations or Challenges C. Staff Report (Community Development Department) d. Public Testimony (Proponents, Opponents) e. Staff Recommendation f. Council Questions or Comments g. Public Hearing Closed h. Council Consideration: Motion to Direct Staff to Prepare Final Order 9. CONSIDER FINAL ORDER - (QUASI-JUDICIAL) COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96- 0003/PLANNED DEVELOPMENT (PD) 96-0002 - SATTLER SITE • Staff Report: Community Development Director • Council Consideration: Ordinance No. 96- 10. CONSIDER FINAL ORDER - (LEGISLATIVE) - COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0001 BLEDSOE • Staff Report: Community Development Director • Council Consideration: Resolution No. 96- 11. CONSIDER RESOLUTION DESIGNATING THE FUTURE EXPENDITURE OF THE PROCEEDS FROM THE SALE OF THE PROPERTY AT 12420 SW MAIN STREET, TIGARD, OREGON • Staff Report: Finance Director • Council Consideration: Resolution No. 96- COUNCIL AGENDA - AUGUST 13, 1996 - PAGE 4 I.. -:X ,\�;.��.�.,,�\��.�\♦�\.�,\.,,..♦, CITY OF TIGARD 'y �C ,�••,,�',•,,- ••.';}�.•.it��i:•'..:•v:•,•.,.•••...';.,.#;::ji::?i'$ti:;tii'L:a�:<`!;ti:i{i::?3$}i;:??:iC:T$: PUBLIC NOTICE: Anyone wishing to speak on an agenda \J:4'•: i+� '+'•tiC�`•n+\iyiiii}ijjti item should sign on the appropriate si •`.:;::\ t ?;yy;}����FF,, l'#11:4 •�M� ':;\:,•CC\':'".•'.••i ;k':•, :::2 .w;;;;.:::.<:....,...;...+.'•::.::::.?..�.::...;.. .... no sheet is available ask ,'...:,.:,:....'. : : ; ` to be recognized b the Mayor at the 4?t\.,,41+i\:��\�\:isi:::<•\vi::vii;:,\:C�tu.:::�::::?+:•i?t::?::;y:•.' b•' y y C;\�.\ii,,,?�,•,\;ti"\i}•�?;2•`.k\•\,:\7�?x,4:4 ;'<:;� �'} i 4\\'>?:?`•;::\?.Y<:t:ii ,Rlk,"R,. :,.....:,.: . . .,;». ???.:::., 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 Administrator. 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 pAn,. 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 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - AUGUST 13, 1996 - PAGE 1 AGENDA Tigard City Council Meeting August 13, 1996 6:30 p.m. • STUDY MEETING > Update: Council Computers > Review: Proposed Changes to City Charter > Update: Ballot Measure 47, "Cut and Cap" 7:30 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes - July 9 and 16, 1996 3.2 Receive ex File: a. Council Calendar b. Tentative Agenda 3.3 Local Contract Review Board: a. Award Contract for Construction of the Main Street/Commercial Street Reconstruction Project b. Award Contract for Construction of the 1996 Major Maintenance Program 3.4 Approve Historic Application Fee Waiver Request from the Tigard Chamber of Commerce 3.5 Accept Transfer of jurisdiction of a portion of Durham Road from the Oregon Department of Transportation • 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. COUNCIL AGENDA - AUGUST 13, 1996 - PAGE 2 4. CONSIDER ORDINANCE - AMENDING CHAPTER 7.32 - OFFENSES AGAINST PUBLIC ORDER • Staff Report: Chief of Police • Council Consideration: Ordinance No. 96- 5. CONSIDER ORDINANCE - AMENDING CHAPTER 5.10 - DETECTIVES AND MERCHANT POLICE • Staff Report: Chief of Police • Council Consideration: Ordinance No. 96- 6. CONSIDER ORDINANCE - ADOPTING ANNEXED PROPERTY DESIGNATIONS • Staff Report: Community Development Director • Council Consideration: Ordinance No. 96- at Ordinance No. 96- 7. PUBLIC HEARING (QUASI-JUDICIAL) - VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT OF WAY LOCATED ON SW 135TH AVENUE The request was initiated by the City Council on June 11, 1996. Any interested person may appear and be heard for or against the proposed vacation of said public right of way. Any written objections or remonstrances shall be filed with the City Recorder by August 13,1996, by 7:30 p.m. a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 96- COUNCIL AGENDA - AUGUST 13, 1996 - PAGE 3 AWW 6. CONSIDER ACCEPTING BENCHVIEW STREET AS A CITY STREET • Staff Report: Community Development Director • Council Consideration 7. CONSIDER ESTABLISHING THE HAULER EFFICIENCY TASK FORCE • Staff Report: Management Analyst/Risk • Council Consideration 8. DEVELOP A PLAN TO ADDRESS THE PROBLEMS OF THE HOMELESS • Staff Report: City Administrator • Council Consideration 9. NON-AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), at (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 11. ADJOURNMENT is\adm\cat6y\cca\960827.doc COUNCIL AGENDA - AUGUST 27, 1996 - PAGE 4 12. NON-AGENDA ITEMS 13. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), ex (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 14. ADJOURNMENT cca960813.DOC COUNCIL AGENDA - AUGUST 13, 1996 - PAGE 5 CITY OF TIGARD, OREGON RESOLUTION NO. 96- 3—1 A RESOLUTION CONCERNING THE VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW 135TH AVENUE. WHEREAS,the right-of-way for SW 135th Avenue had been dedicated to the public; and WHEREAS,the City approved a Subdivision(SUB 93-0008) for the construction of Castle Hill Phase II; and WHEREAS, SW 135th Avenue was realigned in conjunction with the construction of Castle Hill Phase II; and WHEREAS,the approximately 6,445 square feet of public right-of-way is no longer necessary; and WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council initiates a request for the vacation of approximately 6,445 square feet of public right-of-way on SW 135th Avenue, as more particularly described in Exhibit"B". SECTION 2: A public hearing is hereby called to be held by the City Council on Tuesday, August 13, 1996, at 7:30 p.m. 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 vacating of said public right-of-way. SECTION 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be on July 25, 1996 and the final publication to be on August 1, 1996. The Recorder is further directed to cause to have posted within five days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. SECTION 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and by reference,made a part hereof. PASSED: This day of A1996. ?,/or - City of Tig d RESOLUTION NO. 9Q Page 1 ATTEST: City Recorder- City of Tigard i citywidelresivacl35th.res Will D. 05/30/96 1:16:22 PM RESOLUTION NO. 96-11 Page 2 MRIBIT A I � C j r} z / o Q U f ? Q f-- NCJ. 2 f > HCl. „6 w ZA L Q 34 cny I� o � i n NEW VACAICN '-:*4E 'C' EAST CF01 "47EP!!NE LL Iry ACZZSS . CR Cc ENS;CN ?CND I ` y �. ,t 1 u UI ! CASE NO. PLOT PLAN { SW 135th Avenue i { EXHIBITP Public Right-of-Way � f i ? Vacation I EXHIBIT B LEGAL DESCRIPTION FOR ROAD VACATION That portion of S.W. 135th Avenue in Northeast One-Quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Northwest Corner of Lot 114 Moming Hill No. 5 as recorded in Book 63 Page 33 of the Washington County Subdivision records; thence S 02° 14' 27" W, along the westerly line of said Morning Hill No. 5, a distance of 232.00 feet to the south west corner of Lot 117 of Morning Hill No. 5 and the north line of the property described in Fee No.90028208 in the Washington County Deed Records; thence N 87° 45' 33" W, along said north line, a distance of 15.00 feet to the northwest corner of said Fee No.; thence S 02° 14' 27" W a distance of 259.25 feet to a point on a curve to the left; thence along said curve with a radius of 545.00 feet, a delta of 03° 13' 24" (a chord which bears N 160 47' 50" W, 30.66 feet) and a length of 30.66 feet to a point which is 10.00 feet easterly of the center line of S.W. 135th Avenue(when measured at right angles); thence N 02° 14' 27"E, parallel with and 10.00 feet from said centerline, a distance of 280.27 feet to a point; thence N 10° 25' 20" E a distance of 49.19 feet; thence N 6°25' 17"E a distance of 60.16 feet to a point on a non tangent on curve to the left; thence along said curve with a radius of 380.00 feet, a delta of 8° 40' 24" (a chord which bears N 9° 33' 55" E, 57.47 feet), and a length of 57.52 feet to the extension of the north line of Lot 114 Morning Hill No. 5; thence S 87° 45' 33" E, along the extension of the North line, a distance of 5.46 feet to the point of beginning. i:%eng\johnrh\135vac.des -- — EXHIBIT G MORNING IN N/k PSC CT W � -4—+ NEYROM CL SVV S «__oAR p � ST S SW MARCIA D � SST SWWAWUTW cr 3 v&'ty Nfap �n SW 135th Avenue Note: Map is not to scale "�/�1 ' Public ROW Vacation `- N CITY OF TIGARD PUBLIC HEARING NOTICE (STREET VACATION OF PUBLIC RIGHT-OF-WAY) NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, AUGUST 13, 996 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 TITLE: 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: City of Tigard OWNER: Same 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST ➢ PUBLIC RIGHT-OF-WAY STREET VACATION-135TH AVENUE A request to vacate approximately 6,445 square feet of public right-of-way on SW 135th Avenue. LOCATION: Southwest 135th Avenue DATE PETITION WAS FILED: May 20, 1996. (SEE MAP ON REVERSE SIDE OF THIS NOTICE) ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY AUGUST 13, 1996 BY 7.30 P.M. 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. 320 (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 (25) CENTS PER PAGE. AT LEAST SEVEN 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 (25) CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER ULLIAM D'ANDREA AT(503)639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:lpattytdocsivac135.mst AGENDA ITEM# For Agenda of 49l( . A9 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiation of Vacation Proceedings for approximately 6.445 square feet of public right- of-way on SW 135th Avenue PREPARED BY: William D'Andrea DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council initiate vacation proceedings involving approximately 6,445 square feet of public right-of- way on SW 135th Avenue. STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY In the City vacation process of streets, easements, and other public dedicated areas, the City Council begins the process by passing a resolution to schedule a public hearing to consider such requests. The City of Tigard Engineering Department is requesting that the City Council initiate vacation proceedings for approximately 6,445 square feet of public right-of-way on SW 13)5th Avenue. In conjunction with the construction of Castle Hill No.2 subdivision, SW 135th Avenue was re-aligned to provide "T" intersection. The re-alignment shifted the road to the west (Exhibit A). As a result, an approximately 6,445 square foot portion of the public right-of-way is no longer needed. The area to be vacated will Go to the property owners adjacent to the area to be vacated. Appropriate agencies shall be contacted for comments, prior to developing a report for Council consideration. Attachments: Exhibit A- (site plan),- Exhibit B -(legal description); Exhibit C - (vicinity map); OTHER ALTERNATIVES CONSIDERED Take no action at this time. FISCAL NOTES All fees have been paid by the applicant. t:.c itywide,sum,,v ac 135 Lh.sum 04'30196 1:01:29 P%1 CITY OF TIGARD, OREGON DRAFT RESOLUTION NO. 96- A RESOLUTION CONCERNING THE VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW 135TH AVENUE. WHEREAS,the right-of-way for SW 135th Avenue had been dedicated to the public; and WHEREAS, the City approved a Subdivision (SUB 93-0008) for the construction of Castle Hill Phase Il; and WHEREAS, SW 135th Avenue was realigned in conjunction with the construction of Castle Hill Phase II; and WHEREAS, the approximately 6,445 square feet of public right-of-way is no longer necessary; and WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council initiates a request for the vacation of approximately 6,445 square feet of public right-of-way on SW 135th Avenue, as more particularly described in Exhibit "B". SECTION 2: A public hearing is hereby called to be held by the City Council on Tuesday, August 13, 1996, at 7:30 p.m. 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 vacating of said public right-of-way. SECTION 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be on July 25, 1996 and the final publication to be on August 1, 1996. The Recorder is further directed to cause to have posted within five days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. SECTION 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and by reference, made a part hereof. PASSED: This day of 1996. ivlayor- City of Tigard RESOLUTION NO. 96-_ Page 1 ATTEST: City Recorder- City of Tigard i:lcitt,%+ridelresivac 135 th.res Will D. 05/30/96 1:16:2 PM RESOLUTION NO. }b-_.._ Pa,ze EXHIBIT A co � — 1 > a. 116 L,J LLJ rNU I > U < Z z Q ii ii PLOT PLAN CASE No. SW 135th Avenue EXHIBIT A p ! Public Right-of-Way Vacation j I EXHIBIT 13 LEGAL DESCRIPTION FOR ROAD VACATION That portion of S.W. 135th Avenue in Northeast One-Quarter of Section 4, Township 2 South, Range I West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Northwest Comer of Lot 114 Morning Hill No. 5 as recorded in Book 6') Page .).) of the Washington County Subdivision records; thence S 02' 14' 27" W, along the westerly line of said Morning Hill No. 5, a distance of 2')2.00 feet to the south west corner of Lot 117 of Morning Hill No. 5 and the north line of theproperty described in Fee No.90028208 in the Washington County Deed Records; thence N 87' 45' 33" W, along said north line, a distance of 15.00 feet to the northwest comer of said Fee No.; thence S 02' 14' 27" W a distance of 259.25 feet to a point on a curve to the left; thence along said curve with a radius of 545.00 feet, a delta of 03* 13' 24" (a chord which bears N 160 47' 50" W, 30.66 feet) and a length of 30.66 feet to a point which is 10.00 feet easterly of the center line of S.W. 135th Avenue(when measured at right angles); thence N 02" 14' 27".E, parallel with and 10.00 feet from said centerline, a distance of 280.27 feet to a point; thence N 10' 25' 20" E a distance of 49.19 feet; thence N 6' 25' 17" E a distance of 60.16 feet to a point on a non tangent on curve to the left; thence along said curve with a radius of')80.00 feet, a delta of 8' 40' 24" (a chord which bears N 90 3)3' 55" E, 57.47 feet), and a length of 57.52 feet to the extension of the north line of Lot 114 Morning Hill No. 5; thence S 87' 45' 3)3)" E, along the extension of the North line, a distance of 5.46 feet to the point of beginning. ir eng,,johnrh\13 5vac.des M N MORNING � ALC NI CT w - --' C NEYR(M CL Si/V �S �S eR o�sT <<-----AREA A ST �� S SW MARCIA DR kF ST S W WALNUTLN CT r- Vcmity Map SW 1 5th Avenue Note. Map is not to scale CY)A Public ROW vacation N RECEIVED k,ANNIM CITY OF TIGARD REQUEST FOR COMMENTS DATE: June 10, 1996 TO: Michael Miller Operations Water Dept. Manager FROM: City of Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET`7ACATION - i35TH AVENUE Q A request to vacate approximately 6,445 square feet of public right-of-way on SW 135th Avenue. LOCATION: Southwest 135th Avenue. Attached is the "DRAFT" AGENDA ITEM SUMMARY SHEET & RESOLUTION, SITE PLAN AND VICINITY MAP 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 NEED YOUR COMMENTS BACK BY: JUNE 20, 1996. 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 Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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: I �¢ 2_ P/11�71 /1 ►.� i" 3 .ra' I N ag l/IR CA r tL r,J 4'ZG � l t i L, - AJEE70 A- IVIIA-IiA414M 6C /.I /`2-gip-7 lTeezon d yLY - 77!/. 7 2•AZ- 4 /w (, leasepr vldet(refo&mdnginfonnarion) Name of Person(s)Commenting: Phone Number(s): ?1.,_. 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\vac135.mst 161952 900 n" D I 16"x 12" TAPPING TEE BENDW/ 12'' GV ed TO SW T s WALNUT ST '� MORNING \ -TILL DR 1 \ N I � 106' 105' — 139' 136 7 \ I cl) I I I I 11 SW BENISH ST \ s I8"BFV TO SW 134TH AVE \ 35 31 4" - 50' 16% 8"TEE I 8"DI NE 1/4 , SECT 4 T2S RIW 16"BFV i TIGARD WATER DEPARTMENT 8777 SW BURNHAM ST PO BOX 230000 o TIGARD, OREGON 97223 4 _ (503) 639-1554 65 DETAIL OF INTERSECTION: 1'---- SW BENISH ST 60' - - A N D SW 135TH AVE TO SW WALNUT ST DATE= 12-94 SCALE:I'_20' SEW I E TO SW MORNING HILLS DR i 40' 3 ,METER N0, 8957 1 � 1 a 15I � I 1 78' � o TIP _ co C21 258 \\ 1 V) \ v 16'1 BFV 40'- 10" 40' low TO SW BENISH ST NE 1/4, SEC 41T 2 S , R I W EV TIGARD WATER D1,5 7-' 8777 SW BURNHAM � . PO BOX 230000 TIGARD, OREGON 97223 1 (503) 639-1554 DETAIL OF INTERSECTION-. R Q' SW 13 5TH AVE 66 DATE: 1-90 ISCALE-.I"--261 W T.I.S. SUSINESS SERVICES TO SW MORNING HILLS DR 35 20 MJ FIRE HYD N 6" HOLDING SPOOL 6" MJxFLG GV 6x6" MJxFLG TEE I � W C32 > 9' TO UTILITY EASEMENT w Q � \ cr -c 6" DI -}-� In �- Lo 16'x 6" M J — — — — — ~0 " I U TEE 6 M J Ln GV _ O 8=6" cn uo O I ~ 151 35 20 TO SW WALNUT ST NE1/4,Sec4,T2S, R1W REV: -- -- TIGARD WATER DISTRIC T 8841 S.W. COMMERCIAL STREET TIGARD, OREGON 97223 TELEPHONE: (503) 639-1554 DETAIL OF INTERSECTION . 4 SW 135th AVE 68 DATE 6-87 sca�E 1'=201 M I K E T.I.S. BUSINESS SERVICES RECEIVED PLANNING NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209 GAS LINE LOCATING SERVICE (503)220-2415 June 11, 1996 Will D'Andrea City of Tigard Planning Department 13125 SW Hall Blvd. Tigard, OR 97223 RE: Vacation of SW 135th Avenue Please be advised Northwest Natural Gas Company has no facilities within the proposed vacation area. We would, therefore, have no objection to the vacating of the area requested. Please notify us when the vacation is complete so that we can update our records accordingly. Sincerely, Kay Stanley X 4338 Engineering Department cc: Vacation File Plat Number: A-43-15 & A-43-16 Doc. Number: 960169 06/12/96 12:40 $503 526 2538 TV FIRE MARSHAL Z002/003 CITY OF TI REQUEST FOR COMMENTS JUN 12 1995 4 DATE: June 1Q. 1996 FIRE MARSHAL'S OFFICE TO: Tualatin Valley Fire & Resc_u� FROM: City of Tigard Planning Department STAFF CONTACT: Will D'Andrea jx3151 Phone: (503)639-4171 Fay[:(503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION- 135TH AVENUE Q A request to vacate approximately 6,445 square feet of public right-of-way on SW 135th Avenue- LOCATION: Southwest 135th Avenue. Attached is the "DRAFT" AGENDA ITEM SUMMARY SHEET & RESOLUTION, SITE PLAN AND VICINITY MAP 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-NEED YOUR COMMENTS BACK BY: JUNE 20, 1996. You may use the space provided below or attach a separate letter to return your comments. If 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 Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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- Q-,)9 A elow:0-i � � 1 (Tk4sepmvrde ttwfoffnwing information) Name of Person(s)Commenting: I �,,"5- 4!! ffi -_�Z..z f-S(__r c� Phone Number(s): 1, --)� 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\vac135.m5t ..,L... k CITY OF TIGARD REQUEST FOR COMMENTS f a ; DATE: June 10 1996 TO: EI elf GTE En inrin De artment FROM: City of Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - 135TH AVENUE Q A request to vacate approximately 6,445 square feet of public right-of-way on SW 135th Avenue. LOCATION: Southwest 135th Avenue. Attached is the "DRAFT" AGENDA ITEM SUMMARY SHEET & RESOLUTION, SITE PLAN AND VICINITY MAP 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 NEED YOUR COMMENTS BACK BY: JUNE 20, 1996. You may uce 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 Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have review!5_!hp proposal and have no objections to it. �C Please contact //M 44 W I S of our office. _ Please refer to the enclosed letter. Written comments provided below: CG?'L' �-/,Q S A M D 1L1 LLl L'S / .S/ !� � D � G L,�JfL'�fL L//�./L� W/7/'► —J.C� - �% � L � S . � . X35 e �L �1�-�= � ►� ((Pleasepravidethefo&nt4ngmformatron) Name of Person(s)Commenting ItY ` / S S6 L-1 Phone Number(s): � _ 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\vac135.mst -11 L-- k CITY OF TIGARD REQUEST FOR COMMENTS RECEIVED MICYING JUN 14 19 DATE: June 10, 1996 TO: Lee Walker, USA/SWM Program FROM: City of Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - 135TH AVENUE Q A request to vacate approximately 6,445 square feet of public right-of-way on SW 135th Avenue. LOCATION: Southwest 135th Avenue. Attached is the "DRAFT" AGENDA ITEM SUMMARY SHEET & RESOLUTION, SITE PLAN AND VICINITY MAP 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 NEED YOUR COMMENTS BACK BY: JUNE 20, 1996. 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 Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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: /5T/QCs-�y BU G Sor0 6Z—).w7 ©2 S AN l-rA4 e S+l OU LD E A , i�rD u�ISO L411 t4 4#YOB Iio-ti IZASaftwn- S (T(evsepro &tfiefoLuinginformation) Name of Person(s)Commenting: Phone Number(s): 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\vac135.mst RECEIVE. TANNING JUN 141996 M.I Lk CITY OF TIGARD REQUEST FOR COMMENTS DATE: June 10, 1996 TO: Brian Rager, Development Review Engineer FROM: City of Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - 135TH AVENUE Q A request to vacate approximately 6,445 square feet of public right-of-way on SW 135th Avenue. LOCATION: Southwest 135th Avenue. Attached is the "DRAFT" AGENDA ITEM SUMMARY SHEET & RESOLUTION, SITE PLAN AND VICINITY MAP 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 NEED YOUR COMMENTS BACK BY: JUNE 201996. 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 Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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: (,p, a-,p,v.d,tfi folfo-V mfomation) Name of Person(s)Commenting: Phone Number(s): 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\vac135.mst RECEIVED PLANNING JUN 1319 CITY OF TIGARD REQUEST FOR COMMENTS DATE: June 10, 1996 TO: Brian Moore, PGE FROM: City of Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - I35TH AVENUE Q A request to vacate approximately 6,445 square feet of public right-of-way on SW 135th Avenue. LOCATION: Southwest 135th Avenue. Attached is the "DRAFT" AGENDA ITEM SUMMARY SHEET & RESOLUTION, SITE PLAN AND VICINITY MAP 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 NEED YOUR COMMENTS BACK BY: JUNE 201996. 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 Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: V1 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: (2'Ceasepravidet6iefolCowinginfonnation) Name of Person(s)Commenting: Phone Number(s): 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\vac135.mst RECEIVtu PLANNING juN, 121996 CITY OF TIGARD REQUEST FOR COMMENTS DATE: June 10. 1996 TO: David ScottBuilding Official FROM: City of Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - 135TH AVENUE Q A request to vacate approximately 6,445 square feet of public right-of-way on SW 135th Avenue. LOCATION: Southwest 135th Avenue. Attached is the "DRAFT" AGENDA ITEM SUMMARY SHEET & RESOLUTION, SITE PLAN AND VICINITY MAP 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 NEED YOUR COMMENTS BACK BY: JUNE 20, 1996. 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 Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: XWe 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: (rnfease pravide thefoal u,,ng infomation) Name of Person(s)Commenting: Phone Number(s): 3 \� 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\vac135.mst CITY OF TIGARD PROPOSAL DESCRIPTION FILE TITLE: 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: City of Tigard OWNER: Same 13125 SW Hall Boulevard Tigard, OR 97223 (503) 639-4171 REQUEST: PUBLIC RIGHT-OF-WAY STREET VACATION ➢ 135TH AVENUE Q A request to vacate approximately 6,445 square feet of public right-of-way on SW 135th Avenue. LOCATION: Southwest 135th Avenue. DATE PETITION WAS FILED: May 20, 1996 DECISION MAKING BODY STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 X CITY COUNCIL DATE OF HEARING: / /96 TIME: 7.30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN NARRATIVE ARCHITECTURAL PLAN SITE PLAN X OTHER STAFF CONTACT: William D'Andrea (503) 639-4171 x315 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\vac135.mst STREET AND EASEMENT VACATION SCHEDULE PROJECT: SCHEDULE OF ACTIVITIES Council packet due to Dick Council packet due to Ed Initiation - Council consent agenda (Res # Request for comments (Staff & Utilities) (J/3 Notification to affected property owners Ad to newspaper 7-7 Z Tc__C, -7 F 1st publication Post notice on site (5 days after 1st publication) 2nd publication Request for comments due Packet report due to Dick Packet due to Ed Pat Public Hearing. - City-Council Post Ordinance,.- (Kathy) Send Ordinance for recording I 113 I I W 114 I o N n z 0 / p 115 N Q CD U Q . 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W cu to 3 L9 9 01 N C0 CA r M f_I 0: rf I C r Q M 1 "' O o mti Or a r m Io M_ M 01 (/) ,9c OD M ,�� Z6 ��� ISL 9ti� /—� I ,2 N y� 19'69 �°' �� 'L „O it I CD cn qjL cro - 3 ,41ad N HM M On —'— 'U) o a f 101 Z of m I q, £199 ,19 ,09 37.00 66.12 — ,OZI _ • _ G _T _T f H a :' w 41 KISS 0 V4 CirAm to - 0T 6 * — - a-0 C) I — 3 00 LO O N I w m CD (m W O (h 0.CaD N v) Ih Z 99'07.£ 3 „29,£4 L 0l N ~ � 1 ►i.'6L 3,L9 .9£of N 11 69 L9 ,08 09 99 �\ d �� C L619z-69 io ...�� on + 3nN3nd ��__.__ .,_.__�...... � is g ----inN-1VM9:.....�..��.....,.�.N1. S 41 W W � N . r.r.rr -FAX TRANSMITTAL ACE UNDER CITY OF TIGARD LOG(- DATE: JULY 19. 1996 TO: Mary White, Legals (fax) 620-3433 FROM: Patricia Lunsford, City of Tigard (Ph.) 639-4171 NOTICE OF PUBLIC RIGHT-OF-WAY STREET VACATION HEARING VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT-OF-WAY LOCATED ON SW 135TH AVENUE. The Tigard City Council will hold a public hearing on Tuesday, August 13, 1996 at 7:30 p.m. at the Tigard City Hall, Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon, to consider the proposed vacation of approximately 6,445 square feet of public right-of-way on SW 135th Avenue. The request was initiated by the City Council on June 11, 1996. Any interested person may appear and be heard for or against the proposed vacation of said public right-of-way vacation. Any written objections or remonstrance's shall be filed with the City Recorder by August 13, 1996, by 7:30 p.m. TT PUBLISH DATES: July 25 and August 1. 1996 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\vac1 35.mst CITY OF TIGARD REQUEST FOR COMMENTS DATE: June 10, 1996 TO: Per Attached FROM: City of Tigard Planning Department STAFF CONTACT: Will DAndrea (x315) Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - i35TH AVENUE < request to vacate approximately 6,445 square feet of public right-of-way on SW 135th Avenue. LOCATION: Southwest 135th Avenue. Attached is the "DRAFT" AGENDA ITEM SUMMARY SHEET & RESOLUTION, SITE PLAN AND VICINITY MAP 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 NEED YOUR COMMENTS BACK BY: JUNE 20 1996. 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 Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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: (Tfeasepwvide tfwfodomng information) Name of Person(s)Commenting: IPhone Number(s): 135TH AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\vac135.mst RF -'NUEST FOR COMMENTor NOTIFICmi ION LIST FOR LAND USE&DEVELOPMENT APPLICATIONS CITIZEN INVOLVEMENT TEAMS 'circle one) CIT Area: (W) (S) (E) (C) 0 Placed for review in Library CIT Book 0 CITY DEPARTMENTS BLDG.DEPT./David Scott,BwdingowcKn —POLICE DEPT./Kelley Jennings,o—f4—r1 om— L 6P'E'R'ATIONS/John Acker,m­,. CITY ADMIN./Cathy Wheatley,City Re Oa 4-ENG.DEPT./BrionRager,o.�.iopnenip..—Eng—. _COM.DEV.DEPT.,;D.S.T.'S ADV.PLNGdNadine Smith, PWnrwv s— 74ATER DEPT./Michael Miller,0_0 ,MqgjoP afions MOO box SPECIAL DISTRICTS ,4 IRE MARSHALL jUNIFIED SEWERAGE AGENCY —TUALATIN VALLEY WATER DIST. Gene Birchell SWM Program/Lee Walker PO Box 745 `No.County Fire District 155 N.First Street Beaverton,OR 97075 (pick-up box) Hillsboro,OR 97124 AFFECTED JURISDICTIONS WA.CO.DEPT.OF LAND USE L TRANSP. —METRO AREA BOUNDARY COMMISSIONMETRO-GREENSPACES 150 N.First Avenue 800 NE Oregon St.#16,Suite 540 Mel Huie (CPA'S/ZOA'S) Hillsboro,OR 97124 Portland,OR 97232-2109 600 NE Grand Avenue Portland,OR 97232-2736 —Brent Curtis(CPA's} STATE HIGHWAY DIVISION Jim Tice(IGA'S) Sam Hunaidi METRO Mike Borreson(Engineer) PO Box 25412 Mary Weber Scott King(CPA's) Portland,OR 97225-0412 600 NE Grand Avenue —Tom Harry(Current Planning App's) Portland,OR 97232-2736 Lynn Bailey(Current Planning App's) —OREGON DLCD(CPA'S/ZOA'S) 1175 Court Street,N.E. ODOT/REGION 1 CITY OF BEAVERTON Salem,OR 97310-0590 Laurie Nicholson/Trans.Planning Larry Conrad,Senior Planner 123 N.W.Flanders PO Box 4755 CITY OF PORTLAND Portland,OR 97209-4037 1120 SW 5th CITY OF BEAVERTON Portland,OR 97204 ODOT/REGION 1,DISTRICT 2-A Mike Matteucci,Neighborhood Coordinator Bob Schmidt/Engineering--card. PO BOX 4755 CITY OF DURHAM 2131 SW Scholls/PO Box 25412 Beaverton,OR 97076 Planning Director Portland,OR 97225 Beaverton,OR 97076 City manager PO Box 23483 CITY OF LAKE OSWEGO CITY OF TUALATIN Tigard,OR 97281-3483 City manager PO Box 369 PO Box 369 Tualatin,OR 97062 —,90THER% Lake Oswego,OR 97034 CITY OF KING CITY City Manager 15300 SW 116th <ina Citv,OR 97224 SPECIAL AGENCIES ��ENERAL TELEPHONE ELECTRIC ,­f6RTLAND GENERAL ELECTRIC COLUMBIA CABLE CO. E!aine Seif,Engineering Brian Moore Craig Eyestone PC Box 23416 14655 SW Old Scholls Ferry Rd. 14200 SW Brigodoon Court Tigard,OR 97231-3416 Beaverton,OR 97007 Beaverton,OR 97005 NW NATURAL GAS CO. ?hone:(503)721-2449 —METRO AREA COMMUNICATIONS TRI-MET TRANSIT DEVELOPMENT Scott Palmer F—(M)721.3503 Jason Hewitt Kim Knox,Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street Portland,OR 97209-3991 1815 NW 169th Place S-6020 Portland,OR 97232 Beaverton,OR 97006-4886 11 TO CABLEVISION OF OREGON US WEST COMMUNICATIONS SOUTHERN PACIFIC TRANS,CO. Linda Peterson Pete Nelson Clifford C.Cabe,Const.Engineer 3500 SW Bond Street 421 SW Oak Street 5424 SE McLoughlin Portland,OR 97201 Portland,OR 97204 Portland.OR 97202 STATE AGENCIES FEDERAL AGENCIES —AERONAUTICS DIVISION(ODOT) DIVISION OF STATE LANDS US POSTAL SERVICE COMMERCE DEFT.-M.H.PARK FISH&WILDLIFE Rarely Hammock,Growth Cord. PUC DOGAMI Cedcr M01 Station DEPT.OF ENVIRONMENTAL QUALITY U.S.ARMY CORPS.OF ENGINEERS Por*,Icrd,OR 97229-9998 —OTHER