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80-006006 & 80-002673 ~ Katherine Street ASCEfrvto law MAR� 1980 ORDINANCE No. 80 - QTY OF T1001) _ r. 3 i; UCJO CITY OF TIGARD, OREGON AN ORDINANCE A14ENDING ORDINANCE No. 80-04 TO CORRECT A TYPOGRAPHICAL ERROR AND DECLARING AN EMERGENCY. WHEREAS, the Tigard City Council is aware of a typographical error in the body of Ordinance No. 80-04; and WHEREAS, the Tigard City Council wishes to correct the error. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: That Ordinance No. 80-04, be corrected as follows: In section 5 delete the words Gaarde Park Subdivision and insert the words "Colony Creek Estates Subdivision". Section 2: Whereas, the immediate adoption of the provision of this ordinance is necessary for the clarification of records, an emergency is hereby declared to exist, and this ordinance shall be effective upon its passage by the Council and approval by the Mayor. PASSED: By /LriQYJI✓rloctS vote of all Council members present after being read two times by number and title only, this �J day of city Recorder V APPROVED: By the Mayor this x/714' day of ,,, 1980. i Mayor ORDINANCE No. 80- of t CITY OF TIGARD, OREGON ORDINANCE No. 80-d-� AN ORDINANCE VACATING CERTAIN SIDE LOT EASEMENTS IN COLONY CREEK ESTATES SUBDIVISION, CITY OF TIGARD, WASHTNGTON COUNTY, OREGON. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that a resolution was adopted by the Council on November 26, 1979, relating to the vacation of the hereinafter describ- ed easements and that a public hearing was thereby called to be held on January 14 , 1980, and that notice of said hearing was given as required by Chapter 271.110 O.R.S. as set forth in said resolution. Section 2: The Council further Finds that a public hearing as thereby called to be held, was duly and regularly held at the regular Council meeting on January 14, 1980, at which time and place the Council afforded all interested per- sons an opportunity to be heard for or against the proposed vacation of said lands, and the Council further considered all objections thereto. Section 3: The Council further finds that a majority of the owners of the area affected by said proposed vacation, computed on the basis provided in Chapter 271.080 O.K.S. , did not object thereto in writing and that all owners affected thereby did, in Fact, favor the vacation of said area; and the Council finds that said vacation will not substantially affect the market value of any abutting property. Section 4: The Council further finds that the public interest will not be prejudic- ed by the Vacation of the hereinafter described easements and that the said lands are not useful as part of the public street, utility or road system of the City of Tigard and that it is in the public interest that said vacation be approved. Section 5: ''The following described portion of said lot easements in Caarde Park subdivision are hereby vacated and discontinued as public ways: Sidra lot utility easement(s) *within platted lot(s) 5,6,7,8,9,10,3,1, 12,13, 14, 15, 16, 17, 1S, 19,20,21 ,22,23 and 24, a subdivision of record in Wasni:gto3 County, Ore-on bein; more particularly described as follows: Five foot wide strip(s) of land lying adjacent to, parallel with and on each Side Of, the co=on Zine of Lot 5 and 6 of said subdivision; and Five root wide strips) of land lying adjaceat to, parallel with and on eac:� side OE, the cos=on line of Lot 7 and 8 or said subdivision; and Fitr_ foot wide strips) of land? lying adjacent to, parrallel with and an each ; or. the co---non line ac" lot 4 and IO o: said subdivision; and sye Five foot wide strip s) of land lying zdiace-it to, parallel with and on each side OE, the cocr_oz Zine o` Lot 11 and 12 o= said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the coon line of Lot 13 and 14 of said subdivision; and Five: foot wide strip(s) of land lying adjacent to, parallel with and on each side or, the co=on line of Lot 15 and 16 of said subdivision; and Five root wide strip(s) of land lying adjacent to, parallel with and on each side of, the coT�on line of Lot 17 and I8 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on eac:>, side of, the co—on line of Lot 19 and 20 of said subdivision; and - :-a foot Saida strip(s) of land lying adjacent to, parallel with and an each side 0.f, the common line of Lot 2I and 22 of said subdivision; and Five £oot aide strip(s) of land lying adjacent to, parallel with and ca each silo of the common line of Lot 23 and 24 of said subdivision. Section b: That the City Recorder be, and she is hereby authorized and directed to have certified copy of this ordinance filed for record with the follow- ing Washington County departments: 1. Department of Records and Elections 2. Department of Revenue and Taxation - Attn: Assessor 3. Department of Public Works - Attn: County Surveyor All as required by Chapter 271.150 O.R.S. Section 7: This ordinance shall be effective on and after the 31st day after its enactment by the City Council, and approval by the Mayor. PASSED: By &n gnL&VALb vote of all Council members present, after being read two times by number and title only, this i y Se day of ::..1980. -�--.- City Recorder APPROVED: B the Mayor, this Y Y /y— Day of 1980. Mayor ----- STATE OF OREGON County of Washington SS J I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that Pace 2 the within instrument of writing was received and recorded in book of records of said county. ORDINANCE No. 80=Q _ �`"- ROGER THOMSSEN, Director of Records& Elections 1 A 3397 INDEXED fE8 ZI f 20 D�11 'pn f, April 7, 11630 Mr. Robert U. rw-, David Evans & Association Irc. 200 S. F. 'Narket St., Suite 110 v,,I 1 4. �J, 97201 [.e: 'SE'Catirp' loo easements it Colony Creelt, 1,"anat-c-3 De a r Enclosed find a copy of the recorded Ordinance 80-04 vacating side lot easeenei-t-, In. Colony Creek ',xatates for your files. If you haie mny questions in this atatter plea.— freo� t( call us st 639-4171. YT Doris Hartig, City Recorder DR:Im Enc. February 15, 1940 it. Roger Thomsen Washington County Courthouse 150 H. First Hillsbomo, Oregon 97123 RE: Colony Creek Estates Subdivision Dear Or. Thomsen: Enclosed is check in muount of $30.50 to cover recording fees of Om'1in, nce c red 30-04 and 20133 dealing with the side Ht ease— ment vac7tion in Colony Creek Estates Subdivision. Ten dollars and Fifty cents ($10.50) is for the regular recording fee and tweuty dollars ($20.00) is for the surveyor's fee. Please forward the surveyor's copy of the Ordinances to the office when khey have been recd r6ed. If you have any questions regarding this matur, please feel free to contact me. very truly yours, juris Harth, g City Recorder 00 Un, Jai:ivary 211, 1110 1�1r. Robert C. Crum David Evans & Association Inc. 200 S.IiAf. "arket 'St., Suite i" - 110 Portlard, Oregon 97201 Re: Vacating side lot caseMents ill Colony Creek Estates S-uDdivision De-a-, Mr. Cruzz: The Tigard City CouncIl at their regillar of January 14, 1980, passed Ordinance Nio. 80-04 vac,,.i.ting certain. side lot ease- meTItS in Colony Crec1b: c,:., tatrs Sub-division. UPOTI receipt of the recorded. docui7iieat -.,-Ie w-,11 -,--.�ail yo-ui a copy, for yo�j�­If, _---1-.11_ tl Enclosed is a check in the amount of as your 'portion of the refund. The expenses T;mre as follo-us" ' Deposit L ES'S* Advertisii.-;.g 6-5.00 ccordim fees 7.00 Surveyorys fees 20.00 Total Refs rd .40 If you have any questions rep-ardi-,,- this refund, please contact this office. C, Very truly yours, Doris 11tartic, 0 City Recorder DII:Ini Enc. ii January 21, 1980 Hr. RogerMhomsser. Washitgon Coumty Courthouse 150 N. AM uillsboro, Oregon 97123 Re: Colony Creek Estates Subdivision Dear hr. Thowssen: Enclosed is check in amount ofQ27.00 to cover recording fees of Ordinance To. SO-04 dealing with the side lot easement vac ation in Colony Creek Estates Subdivision. Seven dollars ($7.00) is for the regular recording fee and twenty dollars Q20.00) is for the surveyor's fee. Please forward the surveyorks copy of the Ordinance to that office when it has been recorded. if you have any questions regarding this matter, please feel free to contact me. Very truly yours, Doris Hartig City Recorder DI-I Enclosurer MOVEDCITY OF TIGARD, OREGON .,q pp 3x; Il �? � � ORDINANCE No. 80 MQ&ITPRO NCE VACATING CERTAIN SIDE LOT EASEMENTS IN COLONY CREEK ESTATES SUBDIVISION, CITY OF IGARD, WASHINGTON COUNTY, OREGON. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: The Council finds that a resolution was adopted by the Council on November 26, 1979, relating to the vacation of the hereinafter describ- ed easements and that a public hearing was thereby called to be held on January 14, 1980, and that notice of said hearing was given as required by Chapter 271.110 O.R.S. as set forth in said resolution. Section 2: The Council further finds that a public hearing as thereby called to be M held, was duly and regularly held at the regular Council meeting on January 14, 1980, at which time and place the Council afforded all interested per- sons an opportunity to be heard for or against the proposed vacation of said lands, and the Council further considered all objections thereto. Section 3: The Council further finds that a majority of the owners of the area affected by said proposed vacation, computed on the basis provided in Chapter 271.080 O.R.S. , did not object thereto in writing and that all owners affected thereby did, in fact, favor the vacation of said area; and the Council finds that said vacation will not substantially affect the market value of any abutting property. Section 4: The Council further finds that the public interest will not be prejudic- ed by the Vacation of the hereinafter described easements and that the said lands are not useful as part of the public street, utility or road system of the. City of Tigard and that it is in the public interest that said vacation be approved. Section 5: The following described portion of said lot easements in Gaarde Park subdivision are hereby vacated and discontinued as public ways: Sid_ lot utility easemaat(s) within plated lot s) 5,6,7,8,9,10,11, 12,13, 1:, 15, 16, 17, 13,19,20,21,22,23 and 24, a subdivision of record in Washingtoa County, Oregon being more particularly described as follows: Five foot wade strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 5 and 6 of said subdivision; and Five toot wide strip(s) of land lying adjacent to, parallel with and on each side of, the corcWun line of Lot 7 and 8 of said subdivision; and Ive foot gide strip(s) of land lying adjacent to, parrallel with and on each side of, the co=on line of Lot 9 and 10 of said subdivision; and Five foot Wide strip(s) of land lying adjacent to, parallel with and on each side OE, the codon line of Lot 11 and 12 of said subdivision; and `wrtr wool' Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the co=on line of Lot 13 and 14 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side or, the common line of Lot 15 and 16 of said subdivision; and Five Foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 17 and 18 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the co=on line of Lot 19 and 20 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side af, the co=on line of Lot 21 and 22 of said subdivision; and Five foot -wide strip(s) of land lying adjacent to, parallel with and oa each side of the commua line of Lot 23 and 24 of said subdivision. Sectian 6: That the City Recorder be, and she is hereby authorized and directed to have certified copy of this ordinance filed for record with the follow- ing Washington County departments: 1. Department of Records and Elections 2. Department of Revenue and Taxation - Attn: Assessor 3. Department of Public Works - Attn: County Surveyor All as required by Chapter 271.150 O.R.S. Section 7: This ordinance shall be effective on and after the 31st day after its enactment by the City Council, and approval by the Mayor. PASSED: By !ln ani&g,Us vote of all Council members present, after being read two times by number and title only, this !y 'E- day of 1980. ---- City Recorder APPROVED: By the Mayor, this /4^.— Day of 1980. i Mayor STATE Of OREGON County of Washington SS i, Roger Thomssen, 'Director of Records and Elections and Ex-Officio Recorder of Con- Page 2 veyances for said county, do hereby certify that ORDINANCE No. 80— the within instrument of writing was received �_#__,- and recorded in book of records of said county. ROGER THOMSSEN,Director of Records & Elections CITY 01=TIGAR© P.O. Box 23337 Y 12420 S.W. Main,Tigard, Oregon 97223 ,.Ian 2? 2 os pfm 1,r FIRST NAT'ONAL BANK (WASHINGTON SQUARE - R.E.L.D.) (Maureen Tiegs) , . MAP Showing Location of .M INIPROVE.MENT ON AND BOUNDARIES OF Lot 8, YE-OLDS WINDMILL in the COUNTY OF WASHINGTON and I STATE OF OR Or Surveyed: 2/13/80 /S Except as shown , Surveyed: i e: 1" = ?01 ` I hereby certify that I surveyed the following described pro rty and thaI find the improvements situate thereon to be i on the premises in question and that they do not over p oncroac on the property lying adjacent thereto. This I certificate is made at the request and for the exclus' e usi o the cli t named above, and is not to be used for construction purposes. Surveyor �J p;}/ Lot 8 � Z Viol i = S9 ' Residence �S Under Const. Gar. 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Ten dollars and Fifty cents ($10.50) is for the regular recording fee and tweuty dollars ($20.00) is for the surveyor's fee. Please forward the surveyor's copy of the Ordinances to the office when khey have been recd r6ed. If you have any questions regarding this matur, please feel free to contact me. very truly yours, juris Harth, g City Recorder 00 Un, Jai:ivary 211, 1110 1�1r. Robert C. Crum David Evans & Association Inc. 200 S.IiAf. "arket 'St., Suite i" - 110 Portlard, Oregon 97201 Re: Vacating side lot caseMents ill Colony Creek Estates S-uDdivision De-a-, Mr. Cruzz: The Tigard City CouncIl at their regillar of January 14, 1980, passed Ordinance Nio. 80-04 vac,,.i.ting certain. side lot ease- meTItS in Colony Crec1b: c,:., tatrs Sub-division. UPOTI receipt of the recorded. docui7iieat -.,-Ie w-,11 -,--.�ail yo-ui a copy, for yo�j�­If, _---1-.11_ tl Enclosed is a check in the amount of as your 'portion of the refund. The expenses T;mre as follo-us" ' Deposit L ES'S* Advertisii.-;.g 6-5.00 ccordim fees 7.00 Surveyorys fees 20.00 Total Refs rd .40 If you have any questions rep-ardi-,,- this refund, please contact this office. C, Very truly yours, Doris 11tartic, 0 City Recorder DII:Ini Enc. ii January 21, 1980 Hr. RogerMhomsser. Washitgon Coumty Courthouse 150 N. AM uillsboro, Oregon 97123 Re: Colony Creek Estates Subdivision Dear hr. Thowssen: Enclosed is check in amount ofQ27.00 to cover recording fees of Ordinance To. SO-04 dealing with the side lot easement vac ation in Colony Creek Estates Subdivision. Seven dollars ($7.00) is for the regular recording fee and twenty dollars Q20.00) is for the surveyor's fee. Please forward the surveyorks copy of the Ordinance to that office when it has been recorded. if you have any questions regarding this matter, please feel free to contact me. Very truly yours, Doris Hartig City Recorder DI-I Enclosurer (b) After lengthy d�isWcussion, Councilman Brian moved�o sign contract with John Kyle for the architectural work on the Senior Citizens Center. Motion seconded by Councilwoman Stimler. Approved by unanimous vote of Council. (c) Motion by Councilwoman Stimler, seconded by Councilman Brian to transfer $6,000 from property acquisition to consulting services and to not sign any contracts to the landscape plan at this time. Approved by unanimous vote of Council. 8:00 P.M. PUBLIC HEARING 18. COLONY CREEK EASEMENT VACATION A proposed vacation of certain side lot easements on Colony Creek Estates Subdivision, in the City of Tigard. (a) Public Hearing Opened (b) Planning Director noted subdivision was being developed with commonwall dwellings and thus every other lot line was being built on and the utility easements along said lot lines need to be vacated as they will not be used. (c) Public Testimony No one appeared to speak. (d) Planning Director recommended approval. (e) Public Hearing Closed. (f) ORDINANCE No. 80-04 AN ORDINANCE VACATING CERTAIN SIDE LOT EASEMENTS IN COLONY CREEK ESTATES SUBDIVISION, CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (g) Motion by Councilman Brian, seconded by Councilman Cook to approve. Approved by unanimous vote of Council. 19. AUTHORIZE SIGNING OF POWER OF ATTORNEY FOR T.S.M. PROJECT - 99WJODOT (a) City Administrator stated ODOT has allowed the City to put the $129,500• for the project into the state investment pool so that the City can earn interest on the money until the State needs it, however, the State has requested that they have the power of attorney to draw out the funds as they need them. City Administrator requested Council approve and authorize Mayor to sign. (b) Motion by Councilman Brian, seconded by Councilman Cook to approve and authorize signing of power of attorney for TSM project. Approved by unanimous vote of Council. PAGE 4 - COUNCIL MINUTES - JANUARY 14, 1980 'w *AW `fru' 4100, NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF CERTAIN SIDE LOT EASEMENTS IN COLONY CREEK ESTATES SUBDIVISION IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to reolution of the City Council of Tigard adopted November 26, 1979, under authority of Chapter 271. 130 Oregon Revised Statutes, a public hearing will be held by the Council of Tigard at 8:00 P.M. on January 14, 1980, at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon, with respect to the proposed vacation of the following described ten (10) existing unused five (5) foot wide side lot utility easements in Colony Creek Estates Subdivision in the City of Tigard, Washington County, Oregon. EXHIBIT "A" Side lot utility easement(s) within platted lot(s) 5,6,7,8,9,10,11, 12,13, 14, 15, 16, 17, 18,19,20,21 ,22,23 and 24, a subdivision of record in Washington County, Oregon being more particularly described as follows: Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 5 and 6 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 7 and 8 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parrallel with and an each side of, the common line of Lot 9 and 10 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 11 and 12 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 13 and 14 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 15 and 16 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 17 and 18 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 19 and 20 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side o-f, the common line of Lot 21 and 22 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of the common line of Lot 23 and 24 of said subdivision. Any objections or remonstrances against said proposal to vacate said areas may be made in writing and filed with the City Recorder prior to the date of the hearing, and all objections filed prior to the date of hearing will be heard and considered, and any person having an interest in the proposal may likewise verbally be heard at said time and place. By order of the City Council of Tigard, this J 1. — day of /�f c1 �iPs 1979 lie, y,1 O kl l TT Publish (7 Dec. 12 ,19,26 ,Jan 2 ,9 ,19C$" y Recorder NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF CERTAIN SIDE LOT EASEMENTS IN COLONY CREEK ESTATES SUBDIVISION IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, Pursuant to reolution of the City Council of Tigard adopted November 26, 1979, under authority of Chapter 271. 130 Oregon Revised Statutes, a public hearing will be held by the Council of Tigard at 8:00 P.M. on January 14, 1980, at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon, with respect to the proposed vacation of the following described ten (10) existing unused five (5) foot wide side lot utility easements in Colony Creek Estates Subdivision in the City of Tigard, Washington County, Ot-egon. - - EXHIBIT "A" Side lot utility easement(s) within platted lot(s) 5,6,7,8,9,10,11, 12,13, 14, 15, 16, 17, 18,19,20,21 ,22,23 and 24, a subdivision of record in Washington County, Oregon being more particularly described as follows: Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 5 and 6 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 7 and 8 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parrallel with and an each side of, the common line of Lot 9 and 10 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 11 and 12 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 13 and 14 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 15 and 16 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 17 and 18 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 19 and 20 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side o.f, the common line of Lot 21 and 22 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of the common line of Lot 23 and 24 of said subdivision. Any objections or remonstrances against said proposal to vacate said areas may be made in writing and filed with the City Recorder prior to the date of the hearing, and all objections filed prior to the date of hearing will be heard and considered, and any person having an interest in the proposal may likewise verbally be heard at said time and place. By order of the City Council of Tigard, this day of /�ftiP� , 1979 7 lAv� Al OsG TT Publish Dec. 12,19,26,Jan 2 ,9 ,19y�y Recorder AFFIDAVIT if PUBLICATION oTlc o �u>�LYc xEAiz NG O PROPOSED VACATION OF CER TAIN SIDE 'INrCO`.'Y STATE OF OREGON, LOT-E"ASENIENTS " LONK. GREEK ssESTATES COUNTY OF WASHINGTON, ' SION IN THR-RPM QE TIGARD;.. ov s��v�Torr co�zN•r��oR��oN ��� Counc 1 r§qao Schafer- - - - -- -- - - 4 t'to rep u ion oeC�ty f T�garddopted-Ngvember being first duly sworn, depose and say that I am the publisher _____.._.__ 26, I%979,"under' authority of Chapter,` 271 l30 Oregon :Revised Statutes, a ;.' ...........___ of The Tigard Times, a newspaper of general circulation, as defined Publichear = , mg.will be held,b- the Council of,Tigard at 8-00-P. Jan- by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and uary I4,A980, at Fowler. Junfor High School, Lecture Room 20865'SW Wal state; that the legal notice, a ; nut Street Ti and Oreo j g printed copy of which is hereto annexed, was g, g n, With re spect to the proposed.vacation"of the published in the entire issue of said newspaper for _. ... following described'ten, 10 ex�sttng 5 _.. ..__ successive and unused five(5)foot wide,side lot utility consecutive weeks in the following issues __._ _...._-_......-_._ _.. . easements in •Colony Creek Estates ......" F Subdivision in the:City of jigard,` 19 9.7 an-d•------------ Washington Count -- y; Oregon Jan. 2 & 9, 1980 EXHIBIT y'A„ — Side lotutihty easement(s)within�plat . gn a ted lots") 5; 6, 7;'8 9, 10, il, 12, 13,f14, 24, 16a '17; 18, .19, 20, 21, 22; 23, 'and l Subscribed and sworn to before me this _.._....._ _] j�..._. day of _. - subdivision , Of. ' record m _ WashingtonCount Oregon"bem more particularly described as follow 80 ........... Jal} ar ... 19._ Five'foot wide strip(s)of land Lying ad _ .. jacent to,parallel'with and on eacl'Side; of, the m comon line of Lot 5 'and 76.6f - - -..... ............... - - -- ... -.t__. .--------•------- said subdivision; and Notary Public of Oregon Five;foot wide strips)of land lying ad (��1�M15510N EXPIRES jacent to; .parallel with.and d' each'. My commission expires .__...___.__..__..............__ 19 1982 ="side"of.the common hneof,Lot.7 Lot,--7_-,a FEh'' 16' 8 of,said subdivision ands;° . Five foot wide strip(s)ofland lying ad jacent to, Parallel".with-.and 'on,each side of, the common line of-Lot "and., 10 of said subdivision;-and Five-foot-wide strip(s)of land Iymg ad- ; jacent to,;parallel,with and,on each side ' Of,•the comrnone me-of`Lot-11'and 12� of said subdivision;,and­- =Five foot wide strip Of land lying'ad. jacent°to;parallel with and"on each s de,<< of, the common line`.of Lot 13 and 14 Of said subdivision; and Five foot Wide,strip(s);of land-lying,aii ii ,Iacent.to,,-pa .with and:on each a side,of the common;litie.of"Lot'I5`arid I6 of said subdivision; and Five foo Wide-strips)-of landal�ng ad jacent to;'para11el w th.and on.;each`' ;side of, the common Iine of Lot 1Z.and, 18 of said subdivision; and Five foot wide strip(s)of land ylymg.ad-: jacent to; parallel with and-on:each ` side of, the'common,line.of Lot I9 and, 20 of said subdivision;`and x Five foot wide strnp(s)of land lying ad- jacent to, parallel with and on each side of the common hrieof Lot d ' T�m d subdivision 22 of sai , and Five foot wide"strip_(s)'gaf landlymg'ad- jacent to, parallel with na on :each side of the common line of to 23 and 24.of said subdivision Any objections or 7emonstrances against said proposal to vacate''said` areas may be,in dein writing and filed;; ,with the City Recorder prior to the date of the heanng;and all objections"filed`a1 Prior'to the date of hearing will.'be s heard and considered, and any:person- having an interest in the proposal may ;likewise`verbally be heard at said-.time sand By order of the it gard, this 26th day of N vembei 1979. Doris"Fiartig I"T rine �`=titV..Rr-+rnrdn. 'i AFFIDAVIT OF POSTING awn , 14 ► In the Matter of the Proposed Notice of Public Hearing - Vacation STATE OF OREGON ) County of Washington) ss. City of Tigard ) I, Robert Thompson being first duly sworn, on oath depose and say: That I posted in the following public and conspicuous places, a copy of Notice of Public Hearing of the Vacation of Certain Side Lot Ease- ments in Colony Creek Estates Subdivision a copy of said notice being hereto attached and be reference made a part hereof, on the 10 day of December , 19 79 1) Between Lot 1 and Lot 2 on Lath 2) Between Lot 5 and Lot 6 on Lath 3) Between Lot 16 and Lo 17 on Lath Subscribed and sworn to before me thi s /G�7\day of Notary Public for Oregon Affidavit of Posting icy Commission Expires: CI'T'Y OF TIGAR.D t'/ • *4we wr.rf CITY OF TIGARD, OREGON RESOLUTION No. 79-�a4(,. A RESOLUTION CONCERNING VACATION OF CERTAIN SIDE LOT EASEMENTS IN COLONY CREEK ESTATES SUBDIVISION, IN THE CITY OF TIGARD, WASHfNGTON COUNTY, OREGON. WHEREAS, the area described on the attached sheet headed "Exhibit A", and by this reference made a part hereof, consists of ten existing un-used 5 foot wide side lot easements dedicated to the public for utility purposes in Colony Creek Estates Subdivision, within the corporate boundaries of the City of Tigard, Washing- ton County, Oregon; and WHEREAS, said described areas do not serve a public purpose and are so situated as to be of no usefulness now or in the future as part of the public utility system of the City; and WHEREAS, it appears to be in the public interest that the said areas be vacated and made available to development and use; and WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners have petitioned for the initiation of vacation proceedings as authorized in Chapter 271 ORS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIGARD AS FOLLOWS: Section 1: "That the public hearing is hereby called to be held by the City Council of Tigard on Monday; January 14, 1980, at 8:00 P.M. at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said easements. Section 2: "khat the City Recorder be, and she is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such. purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be made on the 12th day of December, 1979, and once each week thereafter for five publishings in all. "The Recorder be, and she is hereby, further directed to cause to have posted within give (5) days after the date of first publication, a copy of said notice in the form hereto attached, at or near each end of the area(s) proposed to be vacated, and in addition, the Recorder shall post a copy of said notice in at least two (2) con- spicuous places within the area(s) proposed to be vacated, all of said postings to be accomplished within the time herein stated. Section 3: "That the particular portion of dedicated areas proposed to be vacated RESOLUTION No. x is described on the attached sheet headed "Exhibit A" and by this reference made a part hereof." PASSED: By Council on this ^day of � y , ,�_ , 1919. .^Mayor ATTEST: Recorder r w Page 2 RESOLUTION No. 79- EXHIBIT "A" Side lot utility easement(s) within platted lot(s) 5,6,7,8,9,10,11, 12, 13, 14, 15, 16, 17, 18,19,20,21,22,23 and 24, a subdivision of record in Washington County, Oregon being more particularly described as follows: Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 5 and 6 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 7 and 8 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parrallel with and on each side of, the common line of Lot 9 and 10 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 11 and 12 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 13 and 14 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 15 and 16 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 17 and 18 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 19 and 20 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 21 and 22 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of the common line of Lot 23 and 24 of said subdivision. F a NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF CERTAIN SIDE LOT EASEMENTS IN COLONY CREEK ESTATES SUBDIVISION IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to reolution of the City Council of Tigard adopted November 26, 1979, under authority of Chapter 271. 130 Oregon Revised Statutes, a public hearing will be held by the Council of Tigard at 8:00 P.M. on January 14, 1980, at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon, with respect to the proposed vacation of the following described ten (10) existing unused five (5) foot wide side lot utility easements in Colony Creek Estates Subdivision in the City of Tigard, Washington County, Oregon. EXHIBIT "A" Side lot utility easement(s) within platted lot(s) 5,6,7,8,9,10,11, 12, 13, 14, 15, 16, 17, 18,19,20,21 ,22,23 and 24, a subdivision of record in Washington County, Oregon being more particularly described as follows: Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 5 and 6 of said subdivision; and Five toot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 7 and 8 of said subdivision; and rive foot wide strip(s) of land lying adjacent to, parrallel with and on each side of, the com—mon line of Lot 9 and 10 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 11 and 12 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 13 and 14 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 15 and 16 of said subdivision; and Five foot wide strip(s) of land Lying adjacent to, parallel with and on each side of, the common line of Lot 17 and 18 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 19 and 20 of said subdivision; and Five foot wide strip(s) of land lying adjacent to, parallel with and on each side of, the common line of Lot 21 and 22 of said subdivision; and ?ive foot wide strip(s) of land lying adjacent to, parallel with and on each side of the common line of Lot 23 and 24 of said subdivision. Any objections or remonstrances against said proposal to vacate said areas may be made in writing and filed with the City Recorder prior to the date of the hearing, and all objections filed prior to the date of hearing will be heard and considered, and any person having an interest in the proposal may likewise verbally be heard at said time and place. By order of the City Council of Tigard, this (��` day of 1 979 TT Publish Dec. 12,19, 26,Jan 2,9 ,1gg6y Recorder Cz ' 7 QG' ID DATE_Io•Z4• -79 DAVID Evnn3 ono A33CKIRTE3, vx. FILE —Af F on6 i00 YY nllA.l llrlYq iq 1OrtM0 OIIYOn.tld W)r]N WJ 00T301979 CITY Of TIGARD TO rJULIZA PROJECT MY (��'� �O• X ��5�7 SUBJECT-fCAtC � ITEM COPIES DATE DESCRIPTION ado V&AMott 0AS YOU REQUESTED REMARKS ❑ FOR YOUR INFORMATIONWAS �lC7Tit%t THIM �,�� ❑ FOR YOUR APPROVAL LQ] ` Nir^n.ITS �O>? TNS ,r-I�•n ���*I,� ❑ FOR YOUR REVIEW fse O Iry) yyhen U&L7 ❑ RETURN REQUESTED FROMi� O O Ro DAVID EvAn3 AnD A330CIATE3 , inc. 200 SW MARKET STREET • SUITE 110 • PORTLAnD,ORECon 97201 • 503/223-6663 October 3 , 1979 D E E r OCT 5 1979 Mr. Frank Currie, Director of Public works CITY OF TIGARD City of Tigard P. 0. Box 23557 Tigard, OR 97223 RE: COLONY CREEK ESTATES Dear Frank: We have discovered an error in the final plat regarding ease- ments for the above referenced project. The plat restrictions call for a five-foot (5 ' ) utility easement along all side lot lines. However, a number of the lots are for duplexes. So the utility easements along those common lot lines should be eliminated. It is the opinion of Charles Pearson, the Washington County Surveyor, that we request the City of Tigard to vacate the easements in question rather than amend the plat. The ease- ments requiring vacation are highlighted in yellow on the attached plat. If this request does not cause you any problems, I would greatly appreciate you beginning this procedure at your earliest convenience. Obviously, if this office can be of any assistance, please don't hesitate to contact me. Very truly yours, DAVID EVANS AND ASSOCIATES, INC . Robert C . ru / f. RCC/mb Attachment