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84-020973 ~ Colony Creek Court 84020973 CITY OF T11 ARD WASHINGTON COUNTY,OREGON ACCEPTANCE Date: Loreen R. Wilson Deputy City Recorder City of Tigard PO Box 23397 Tigard, Oregon 97223 Re: Colony Creek Easement Vacation This is to advise the City of Tigard, Oregon, that I hereby accept the terms and provisions of Ordinance No. 83-57 passed by the Tigard City Council on 11/14/83, vacating the following property: The utility easements located on the east lot line of lots 12, 17, 19, and 23 and the utility easements located on the west lot line of lots 13, 16, 18, and 20 of Colony Creek Estates Subdivision as recorded in Book 47, Page 19 Washington County Plat records. I hereby agree to abide by and perform each and all of the terms and provisions thereof applicable to me. i �� y• STATE OF OREGON County of Washington a Titan Properties Corporation i,Donald W,Mason,Director ofAssessme, and Taxation and Ex-Officio Recorder of Con- G''' 2''4- C �„� C�� ��� � �%:�G� veyances for said county,do hereby certify that Address the within instrument of writing was received and recorded in book of records of said county. f Donald W. Mason, Director of City, State, Zip J}� Assessment and Taxation, Ex- City, Chief Deputy Clerk lw/1277A 19814MnY 3 , PM 3* 07 12755 S.W. ASH P.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171 1 � � � . ^ ' —��=9���/5 � ~� u ' CITY OF �C�» CITY OF IlGAJ<D, OREGON _ ORDINANCE NO. 83 AN ORDINANCE VACATING EASEMENTS ON LOIS IN A yO8IID0 OF COLONY CREEK ESTATES SUBDIVISION, A PLAT LOCATED IN THE CITY OF IICARDWASHINGTON COUNTY, 0DEG00, Section l: The Council finds: l. Resolution No. 83-101 adopted by the Council on October 17, 1983, initiated proceedings for the vacation of side lot utility easements on lots 12, 13, 16, 17, 18, 19, 20 and 23 of Colony Creek Estates Subdivision, and shown on the map. 2, The purpose of the vacation is to allow for the construction of a zero lot line building. 3. The vacation is recommended by the City's Development Committee, 4' In accordance with 0D3 271,100, the Council fixed m time and place for the public hearing before the Council; the Recorder published notice and posted notice in the area proposed to be vacated. 5. The Council buviuA held a public hearing finds no objections were made or tiled hereto as provided by O88 271.120. 6. The Council finds that it is in the public interest to approve the petition because no public use or purpose can be served by the eaeemeuto. Section 2: The City of Tigard ordains as follows: l. The utility easements located on the east lot line of lots 12, 17, 19 and 23 and the utility easement located on the west lot line of lots 13, 16, 18 and 20 of Colony Creek Estates Subdivision as recorded in Duob 47~ page 19 Washington County Plat records he vacated. 2' The petitioners shall file with the Recorder m document, which has been approved by the City Attorney, accepting the terms and conditions hereof. 3. The Recorder shall, at the expense of the petitioners, file with the County Clerk, County Assessor and County Surveyor a certified copy of this ordinance and the acceptance thereof, and any map, plat or other record which may be required by law. This ordinance shall he effective on and after the 31st day after its enactment by the City Council and approval by the Mayor. /- 4/ PASSED: By vote of all Council members present, after being read by number and title only, this Y day of Ilet-e,,b A 1983. City Recorder APPROVED: By the Mayor, this 5- day of Pe e yl�j 6 1983. Mayor STATE OF OREGON City of Tigard 1, LOVEEN R. WILSON, hereby certify thaL I am the duly appointed, qualified and acting Deputy Recorder for the City of Tigard, Oregon. I further certify that I have compared the herewith copy of Ordinance No, 20.13 of the City of Tigard with the original in my possession as C, j0dian ai thr_ official rccords of the Uity of Tigard, and that the _ _ 0;&Qth copy is a correct Lranscript of the whole of Ordinance Na. 110159- IN WITNEIS WHEREOF I have hereunto set my hand and the seal of the City &V Tijdro this 18-rk% day of 19 k/ )eputy cV ("it ty Rbl0 epuorder ORDINANCE NO. 83 ,jfo� Page 2 (DH:pm/1059A) 01 COLONY CR K 15 5 ' A 6UE)DIV1510N OF A PORTION OF 1.075 1 � 2 OF WIL60N AGP-ES IN INE To It N.E.'/4 OF SECTION 11 � THE N.W.'/4 OF SECTION 1Z , TOWN5INIP 2 5OUTH , MANGE 1 WEST, W. 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'lave correctly 9urvcycd and marked y 7 CITY OF T16APO PLANNING G an35 re prix t on `^e annoscd map of 'GOLOt4Y GREEK F,TVfE5'and at 'Ile dOo n; \ulltutC Pu C1x rh AN1 oc,df Cy InC. dotueb maks,e>f;bl,h ena declare tx annc ec let of YDLONY ;,3l+an•c,' _ °':t ^claw he n.ound ^,urfa_-c, �a d pant bcar�h vvn t2't4'E CREEK EhTATEh"a5 dexnbeG,n the accompanying 5urveyoie Ccrhf5cate,a true, map and plat thereof. .es r„• ^c r.H k{,h (? L F10 41, Yenr-t from aa'd lmtlaf Fo,n+ a(( toka bciry of }he dmtne+ons 3hnwn an said mep and Inc, btreeto and avcnuc5 je,ny of the _._ th •en r .t3 �Ird {t0rm ' th w,dth5 fhercOn eet (Orth., and bd,d (ler-Hart At,5oc,ate>,Inc.&iQwadLuft. Pev610p-ant Go 0HAIPMAN r _ erly 5 a r r+Ighway No 217 cnr-t : j nn the_ Ncrthery boundary o4 the tract of land do hereby acd ea'c rfl the v>c o" tnt Pubo a, No Publ,uweye forever atIfree t4,d+Cnue., and ea'6en T4 4ha-n (Or +K'CC Wf „da, 64' 4E' 26"E 1lt7III teet '0 do 'o��e77 ^-G _ •.14•, Trdato "G a.,a'0' •,hew^o^edm mea '�P' JlG;,7 ?' 'J-+,i_-✓A had .o„^Dar J' 1 2' E 9099 fee! f0 an'm Ic DEP-RAPT A550CIATE5,INC an a'cgon or?e a`, o,l DO�PC> OF GOLNTY /Ommj1 '_ 3 9 _ wA5ti1NGTON GOJNTY, OP_E I 28' E 16,903 Fcct to Ftilc 11nrlh > /. c -_./^, STATE OF OREGON County of Washington SS 1,Donald W.Mason,Director of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said county,do hereby certify that the within instrument of writing was received and recorded in book of records of said county. Donald W. Mason, Director of D Assessment and Taxation, Ex- Officio Chief Deputy Clerk CITY OF TIGARD3°� ' 12755 S.W. ASH P.O. BOX 23397 TIGARD, OR. 97223 19 El 14 11.118 �' a P M 3: 10 6. ORDINANCE NO. 83-56 AN ORDINANCE REPEALING ORDINANCE NUMBERS 81-50 & 82-54; ADOPTING THE TUALATIN RURAL FIRE PROTECTION DISTRICT FIRE PREVENTION ORDINANCE FOR A CERTAIN PORTION OF THE CITY OF TIGARD AND DECLARING AN EMERGENCY. a. Motion by Councilor Cook, seconded by Councilor Brian to adopt. Approved by unanimous vote of Council. ---7--.—APPROVE VACATION OF SIDE YARD LOT LINE EASEMENTS REQUEST - COLONY CREEK ESTATES a. Public Hearing Opened 0 City Recorder recommended Council hold public hearing and approve the request. b. Public Testimony 0 No one appeared to speak. Public Hearing Closed c. ORDINANCE NO. 83-57 AN ORDINANCE VACATING EASEMENTS ON LOTS IN A PORTION OF COLONY CREEK ESTATES SUBDIVISION, A PLAT LOCATED IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. d— Motion by Councilor Brian, seconded by Councilor Scheckla to adopt. Approved by unanimous vote of Council. 8. COMPREHENSIVE PLAN AMENDMENT CPA 17-83 & ZC 13-83 Marvin Smith NPO #6. Review of Planning Commission's recommendation for approval of a Comprehensive Plan Amendment from Low to Medium Density and a Zone Change from R-7 PD to A-12. Location: between Cook Park and Tigard High School of SW 92nd Avenue. (Wash. Co. Tax Map 2SI 14A, Lot 1000). a. Public Hearing Opened 0 Planning Director summarized history of application and Planning Commission's action. He noted the original request was for 174 units and stated no ruling is necessary at this time for this property. He spoke to the buildable land and area in the floodplain that may be dedicated to the City. b. Public Testimony - Proponents 0 Dean Werst, Attorney, 8101 SW Nyberg, Tualatin, OR, representing property owners Smith and Williams, described the features of the buildable land and services available for development of the property. He estimated they would dedicate approximately 15 aces to the floodplain for Cook Park use as well as dedicate some open space land. PAGE 2 - COUNCIL MINUTES - DECEMBER 5, 1983 > K (1) 1 A 9) 0) 9D 0) a Cr. 0{p 0 0 4 n 0 —M —*M 0 0 CD "n (1) = (=> 0 0 0 CD (D e a. 00 Z-4 -J 0 (D — M N. 0 P. 3 0 61' CD -1-0 C,)CA 0 —4 01Q C+ (D C CA 0- �.a 6*0 :1 -<0 3 (D Z C 0) 0 -n P to M 0 0 wo " 0 P-1 0 6, (D 0 0 0 CD CL 'Tis- 0 10 X 0 O `<0 �< 0 CA1< M �-b CL Cl) 0) D >C) > X (a :1 0 W CD iw ro* 0 n -n 0 n O.:r 0 �Ct OR e Z- C) M M CO :E —, �ID 0 to 0 0 < e R.) P, cr (D V (D 0 co D M 0 f\) (D ca 0 -0 T M W 11IQ :3 - -:3 --r b C 00co c� NN X :5 Dj -3— X 0 Z (D CD 0) G) U P, = 'q 0) > M (D > CL O Z M M 0 Z rt 0 0j -3 Zr Z Cl) 0 (D 0 0 (D 0 0 — F� H cc M X 0 CD > :1) \1 10 =r CD M 'D CL > (a CD < 0 0 G) Z 0 -'N -- OL (D 0 0 Z Z Z (D (D (D M (0 — 0 (D 0 =r T) 0 Z 0. (1) CD 0 (a 0D (A 0 CD (D CD T 0 NOTICE OF PUBLIC HEARING > Z 6 Cl) CITY OF TIGARD,OREGON = 0 RESOLUTION NO.83-101 0. 0 0 A RESOLUTION CONCERNING VACATION OF-SIDE YARD LOT LINE > EASEMENTS IN COLONY CREEK ESTATES SUBDIVISION,A PLAT OF REC­ Z ORD,IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON. WHEREAS,a vacation petition was received and filed with the City Recor. der on October 12,1983;and WHEREAS,the area described on said Exhibit"A"lies within the corporate boundaries of the City of Tigard,Oregon;and WHEREAS,the petition has been signed by Der-Hart Associates,an Oregon Z r- rq oe Corporation;and < rq '042 WHEREAS, there appears to be no reason why the petition should not be C) allowed in whole or in part, -n NOW THEREFORE,BE IT RESOLVED: M 1. "That the public hearing hereby is called to be held by the City Council on Z C, M Monday, December 5, 1983, at 7.30 P.M. at Fowler Junior High School co Lecture Room, 10865 S.W.Walnut Street,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 proposZ vacating of said lands." 2. "That the City Recorder be and she is hereby, authorized and directed to cause to have published in the Tigard Times,a newspaper of general circula- tion 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 November 3, 1983 and once each week thereafter for five publishings in all." "The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication,a copy of said notice in the form attached,at or near each end of the area(s) proposed to be vacated." 3. "That the particular portion of dedicated side lot line easements proposed to be vacated is described as follows: Side lot line easements of the following lots: Eastline lot-12,West- line lot 13,Westline lot 16,Eastline lot 17,Westline lot 18,Eastline lot 19, Westline lot 20 and Eastline lot 23 of Colony Creek Estates Subdivision as recorded in book 47, page 19, Washington County Plat Records. PASSED:This 17th day of October, 1983. ATTEST: Doris Hartig City Recorder Thomas M.Brian Chairman of Council TT6251—Publish November 3, 10,17,24, 1983,Dec eimber f, 1983 titall PROPERTIES CORPORATION 7�1 j f r 0, o—u i c u ,7 r V- C—c' o r ot T,c 'o V:_ L 4 v a- n r Z-�.c a t 1L 1 e L:; Ll L(A I U L i c, L i D e',L r t c&. oo I u, E r L L 0 f, EL C (L_L 1; G r L 10 C "" -1 e r el i �ccc�, L� c.1 r v e c 0'Ui 1^11 a !-I C),- t 0 �:l a o a r cl-J�J r ji a t.-c cclul c" v c i,11 u_ -:a-c;c? r u u c 't::0 11` L L- r c u- 1� 2201 NORTHEAST CORNELL ROAD/HILLSBORO,OREGON 97123/TELEPHONE(503)640-BOBB November 19, 1982 Titan Properties Corporation 2201 NE Cornell Hillsboro, Or . 97123 Gentlemen; We hereby state that we do not have any of our services installed nor do we have a need to retain an easement along the side yard lot lines of the following lots in Colony Creek Estates subdivision Phase 1 in the city of Tigard: Lots 13 , 16 , 17, 18, 19, 20, 23 . Very Truly Yo rs, Signed Title Company_ November 19, 1982 Titan Properties Corporation 2201 NE Cornell Hillsboro, Or . 97123 Gentlemen; We hereby state that we do not have any of our services installed nor do we have a need to retain an easement along the side yard lot lines of the following lots in Colony Creek Estates subdivision Phase 1 in the city of Tigard: Lots 13 , 16 , 17 , 18, 19, 20, 23. Very Tr-u-ly.--3�-Q,4r-s, Signed ' f Title - u =— J Company Z L U2 6-7,F� C November 19, 1982 Titan Properties Corporation 2201 NE Cornell Hillsboro, Or . 97123 Gentlemen; We hereby state that we do not have any of our services installed nor do we have a need to retain an easement along the side yard lot lines of the following lots in Colony Creek Estates subdivision Phase 1 in the city of Tigard: Lots 13, 16 , 17 , 18, 19, 20, 23 . Very Truly Yours, Signed Aa0v'4 Title Company— November 19, 1982 Titan Properties Corporation 2201 NE Cornell Hillsboro, Or . 97123 Gentlemen; We hereby state that we do not have any of our services installed nor do we have a need to retain an easement along the side yard lot lines of the following lots in Colony Creek Estates subdivision Phase 1 in the city of Tigard: Lots 13 , 16 , 17 , 18, 19, 20, 23. Very Truly Yours, Signed �L � Title- Company November 19, 1982 Titan Properties Corporation 2201 NE Cornell Hillsboro, Or . 97123 Gentlemen; We hereby state that we do not have any of our services installed nor do we have a need to retain an easement along the side yard lot lines of the following lots in Colony Creek Estates subdivision Phase 1 in the city of Tigard: Lots 13 , 16 , 17 , 18, 19, 20 , 23 . Very Truly Yours, Signed Title Company---I." ,' LI—, -L., AFFIDAVIT OF POSTING In the Matter of the Proposed VACATION OF SIDE YARD L(?I .TNF FA-,FMFNTq TN COLONY CRFPL< RSTATigs STATE OF OREGON County of Washington) ss. City of Tigard I, Robert R. Landis 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 side yard lot line easements in Colony Creek Estates Subdivision a copy of said notice being hereto attached and be reference made a part hereof, on the 2nd day of November -, 19 83 - 1. On Street light Pole located between lots 16 and 17 2. On Street light Pole located between lots 20 and 21 (see attached sketch) "y oNoember 2 V,, Y p �r Subscribed and sworn to before me thls nd- 1983 Notary `Public for "Oregon Affidavit of Posting My Commission Expires: V CITY OF TIGARD 2- -,579 A'S 5146&�W 1AJ Ab 1 . s�'osT'r�c�-s off/ .4 l Cal- MOLE S NR z k w c� J O f .. n L-c� CITY OF TIGARD, OREGON RESOLUTION NO. 83-1-0—/ A RESOLUTION CONCERNING VACATION OF SIDE YARD LOT LINE EASEMENTS IN COLONY CREEK ESTATES SUBDIVISION, A PLAT OF RECORD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, a vacation petition was received and filed with the City Recorder on October 12, 1983; and WHEREAS, the area described on said Exhibit "A" lies within the corporate boundaries of the City of Tigard, Oregon; and WHEREAS, the petition has been signed by Der-Hart Associates, an Oregon Corporation; and WHEREAS, there appears to be no reason why the petition should not be allowed in whole or in part. NOW THEREFORE, BE IT RESOLVED: 1. "That the public hearing is hereby called to be held by the City Council on Monday, December 5, 1983, at 7:30 P.M. at Fowler Junior High School Lecture Room, 10865 S.W. Walnut Street, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands." 2. "That 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 November 3, 1983 and once each week thereafter for five publishings in all." "The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area(s) proposed to be vacated." RESOLUTION NO. 83- /0/ 3. "That the particular portion of dedicated public right-of-way proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part hereof. PASSED: This day of October, 1983. ATTEST: City Recorder ffa;= a APPROVED AS TO FORM v k CW Attori EXHIBIT A Side lot line easements of the following lots: Eastline lot 12, Westline lot 13, Westline lot 16, Eastline lot 17, Westline lot 18, Eastline lot 19, Westline lot 20 and Eastline lot 23 of Colony Creek Estates Subdivision as recorded in book 47, page 19, Washington County Plat Records COLONY CRe K e5TATe5 A 6UE50IVI51ON OF A PORTION OF LoT5 1 � 2 OF WIL60N ACP-E5 IN THE Ott 5r, N.E.1/4, 4F SECTIO rN 11 j THE N-W.1/4 OF 5ECTION 121 TOWNSHIP 2 SOUTH , MANGE 1 WEST, WJ ;Gtar of A&&orde and Ele&tx",do hero i certify C I T Y OF T 1 4 A R V WA 5 H I N C TO N COUNTY O F EGO i within plat with Inc original thereof,that hl&gam&i" opy thereof,as the ham&appear"of record in Mat ;',Er thueaF swilesp � DAVIDEVRf1S �tnn RSSOC IRTE S , Inc. raz;; a�tr ,Deputy NOV6M�ER 1°f�8 4.68 AG. SCALE : 1"% 10C TA / _ 9EC710N CORNER N 69'49'40'£� 67330 FD Ive LP/BRA IPO. 111/6, dant - h C", / O L GHOFD + 1 (SH N.W.GOF. 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NO.Oq � («pryEMENf ; FD%4' ' z� r PD i/t-I.r NO�.Q'Eo.16 r T"0' 254.31 y �� FD'/Z`I.P. 1hq.40_� 'aC9✓^ fIe'J�. ,F er:'� FD. /a"I F. � .s 2'.I{E G't1y ga., �- fD.>/4'IN t 609 LOT � s_< 1 i9.bfi GREtNOWARDI PAFK• `o,,,, - f0 774"IF W 0.41 059TIFIGATE F92M66'ItlFD'W 10263 A4' pEGICoA'T10N APPROVALS KNOW ALL MEN by 7HftE MOENT5 that Der-Hart Aaeoclate5,Inc. and Lutz Development G0, APPROVED TH15 FAY of: i duly Sworn,depose and-AV that I have correctly 6urveyed and marked is repreoented on the ann&zed map of'GOLDNY GREEIL R°1fATE5"and at the it Joint 1411tufC 1 8. ver-Nary A13Qtidt¢5,'Inc.r da hereby make,e5tablroh end declare the annertc plat of"COLONY GItY OF TIGARD PLANNING GOM ',alvaniLed from pipe,0" b&Iow the ground Vurfdc,a, Vail Pont bcary 5 0.02'14'E GR£er-E9TATfh"a"deaaribed,n the accompanying 5urveyore Certificate,a true, map and plat fhereof, aorner of the dame" H Hvk-I 1 n DL 6 No 0; tttertae from yard 1mf1a!Point all laf6 being of the dimensions shown on Said rndp and the streets and avenues berng of the ,he o&rfabne at h W Hall olvd (formerly Stdta Highway No 217), thenoe widths thueon est forth, and paid Der-Hart Associateo,lnL andsaidLutc Deyclopment Go CHAIRMAN OO'W 139 20 tut to d point an the Northerly boundary of the tract of land da hereby deditale to the use of tnr, Pubiw 4,, t and Aeoh0614tee,,Inc.,aV reoOrded July 7,1918 under '.7aLJ nPr+ No Publicwaya forever all street",avenue.,and e646ment,, "haven(or na`cL)on"a,C map �,,j rie+eby O�"K ' M,�.,.-� at`.:ta",a Tract"`G"an4"O" ,hown an raid mop APPROVED TN15 .__DAY OF, thetly boundary at tied Dcr Fart tract;5 89°46' 26"E 13' 1r7 fret fi0 do pER-HAFT A550UATE5 INC. an 0(¢gon orDpral ort BOARD OF COUNTY 60MM15510Ne 'once continuing a(Ong hard boundary N 0°19' 72"E 90 89 feettO an angle, !trritinuing along !,j0 boundary 5 69'40' 28" >r 74a8.0' feet t0 the ''forth. WASHINGTDN COUNTY, OPEGON ,arnet bein4 io the Weht line of Vaid Hicklin DI./, , thenoe,dIOng aad line Mob= 21, 100 titan 2roperties Corporation 2201 mrtheast Cornell Row-, 013shorts, 9rc -D ! 07123 Mention: mrjan S. Bleak, Vice President Wforance; Vacation of Side Yard Lot Line 7%senmAts in Colony Cmel­. n oaar ' r. Alew '', "Lis letter to Ln alvise you that the City Council will holl ' uhlic henriny on the above -otter on 00sy, lace-S-r 5, RA, iri': 1:30 M Powler Junior High School I ectur, Foo i, Tiqard, Oregon, Also, a deposit 0 Ott arnnnt of $17P.0- moje oc be ruceiva;, prior to Qxnaler j, 1- .1, in order for us to publish the notices, Tt you Kim nn; mayMor; minreir7 AM _ ploare ccntaw.. 10 at 62 -4111. Sincerely, Pirls tartY, City Qccor&:-� /5r 8. ORDINANCE No. 83-49 - AN ORDINANCE ADDING SECTION 10.32.255, CROSSING PRIVATE PROPERTY, TO THE TIGARD MUNICIPAL CODE, AND DECLARING AN EMERGENCY. a. Motion by Councilor Cook, seconded by Councilor Scott, to adopt. 0 Captain Kelley Jennings explained the need for the ordinance and past experiences of traffic hazards where citizens cut corners on private property. He reported no Oregon law applies to this particular situation and recommended the adoption of the proposed ordinance as a remedy for the problem. Approved by unanimous vote of Council present. 9. CONSENT AGENDA a. Motion by Councilor Cook, seconded by Councilor Scott, to remove consent agenda item 8.3 "Approve 72nd Avenue LID #21 Change Order #4." Approved by unanimous vote of Council present. 10. RESOLUTION No. 83-99 - IN THE MATTER OF CREATION OF AN ECONOMIC DEVELOPMENT COMMITTEE. a. Motion by Councilor Cook, seconded by Councilor Scott, to approve. Approved by unanimous vote of Council present. 11. RESOLUTION No. 83-100 - A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING THE ICKA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND AUTHORIZING FINANCE DIRECTOR, AS COORDINATOR, TO CAST ANY REQUIRED VOTES. a. Motion by Councilor Cook, seconded by Councilor Scott, to approve. Approved by unanimous vote of Council present. 12. RESOLUTION No. 83-101 - A RESOLUTION CONCERNING VACATION OF SIDE YARD LOT LINE EASEMENTS IN COLONY CREEK ESTATES SUBDIVISION, A PLAT OF RECORD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. 0 No one appeared to speak. a. Motion to Councilor Cook, seconded by Councilor Scott, to approve. Approved by unanimous vote of Council present. 13. APPROVE 72ND AVENUE LID #21 - CHANGE ORDER #4 a. Tony Maksym, property owner on S.W. 72nd, requested that the record show the City is accepting the responsibility for the improvements made without approval of the participants of the LID. He stated they should not be involved and the City should pay the total cost of the change order. PAGE 5 - COUNCIL MINUTES - OCTOBER 17, 1983 CITY OF TIGARD, OREGON RESOLUTION NO. 83-LO/ A RESOLUTION CONCERNING VACATION OF SIDE YARD LOT LINE EASEMENTS IN COLONY CREEK ESTATES SUBDIVISION, A PLAT OF RECORD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, a vacation petition was received and filed with the City Recorder on October 12, 1983; and WHEREAS, the area described on said Exhibit "A" lies within the corporate boundaries of the City of Tigard, Oregon; and WHEREAS, the petition has been signed by Der-Hart Associates, an Oregon Corporation; and WHEREAS, there appears to be no reason why the petition should not be allowed in whole or in part. NOW THEREFORE, BE IT RESOLVED: 1. "That the public hearing is hereby called to be held by the City Council on Monday, December 5, 1983, at 7:30 P.M. at Fowler Junior High School Lecture Room, 10865 S.W. Walnut Street, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands. " 2. "That 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 November 3, 1983 and once each week thereafter for five publishings in all." "The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area(s) proposed to be vacated." RESOLUTION NO. 83-10 1 3. "That the particular portion of dedicated public right-of-way proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part hereof. PASSED: This day of October, 1983. ATTEST: City Recorder ft3g= a APPROVED AS TO FORM C4h Attorn4 \j Resolution No. 83- f0l (0943A) EXHIBIT A Side lot line easements of the following lots: Eastline lot 12, Westline lot 13, Westline lot 16, Eastline lot 17, Westline lot 18, Eastline lot 19, Westline lot 20 and Eastline lot 23 of Colony Creek Estates Subdivision as recorded in book 47, page 19, Washington County Plat Records COLONY Cge K e5TATe5 A 6UL5D1VI51ON OF A PORTION OF LOTS 1 � 2 OF WILeON ACRES IN THE n„ 65 N.E.'/4 OF 6ECTION 11 � lHE NW.Y4 OF SECTION IZ ! TOWNSIP 2 SOUTH I PANGf._1 WEST, t�W'1 -/ f ecar Of ards and Electtl hab cer N+hn Plot twithu arq,roi thereo f,mat f"o ha+n, a C ITY OF TGAPLO yA5HINCTVN COUNTY say thereof,ah tttc soma appearh of retard In Plat � nRSSOCIf-)TES , DAVID EVRns nno 0t inc. a_ �CLIf Cori _ Dapaty NOVEMKM t M-16 4.(o6 AC,. 5GaL1r: 1"s 10C I C)ECTION CORNER " ` , N 89.4940 � b13 30 FD P/2'I.r/6RA55 �_.. Y.....---_ GAP ,k.l FD Isla' 6RA?h C^r d L GNOPD 1 l> (5'4IN.W.COP. JAM56 14 ,p m NICKLIN D.L.G.N0.41, �D s 48.12'45" '3b.1'S N 66.52'02"S 3100 �. c N.S.GOP.'WiLOON A69W 47'39'27" 31,0 N 61'2t'10'W 36.36 FG.s/b"I.P. "G" b'hit rYP!� P.AK,N,,W F0.I"I P. S 1.15. 46,11,22` 12.62 N65'32'40'W !2.25 z4 �6C'?f41&KV6 y1Rit l3 N 0.15 FD v2 ye a 0.29' o t -�1 .c-nt>;.!tY 5 89`46'28`E 768.83 90'00'00' 23.56 N44'41'1P'W 21.21 90 e 21.211t 30 r; b11616�2a~E - LLLL 70.11 6100 6700 10.00 fry 48.b6 43.00 41AaL41100 49.00 4100 41.00 4400„ 4100 t P c, 4b'It'22' 12.62 N 6b'i0'4b"E tZ.25 s� w _`^r N w i ` m w A 1+} 44 41'49'!1' 36.DD N 61'DD'05'E 33.05 _ ,st °` a .v o � `: I '_" ��' 'J "" (�°` .^ 14�4 1 C S 1^'33"06'I5" 26.00 N 75`31'49'W 2464 o19.15'II' 46.54 N 29'2I'Ob'W 44.491107Z ��3 J ^hb zz i h36.05 N36.01'S1'S 35.09 tob946.2re !9119 1641 g96L,7q 6, (� r1Ory. 0 r - gOt 7270 b7A0 7500 0 7368 4100 41000 4100 41.00 Zb.44 o-* t, s 33'06'71` 16.00 N71'34'00 E 25.64 4b.i9� '� 1? 4111 12.61 z) 12.62 (9)42 D0 ��o t rD.'lt' 4620'44' 36.40 N64'42'!0'W 35.42 1 +T, * NE9.4Ys1'W Nb,'4Y11_w 24!_42 � NA9.43'It' _162.14 N49°41t w 7RAGT'A' 70500 a 26 - r - 0.79 16`11`22" IZ.62 ( N65'17'S0"W 12.21 TEMrDPARY 3a rjw, !2.62 G04.ONYN " 1r Gp.EEK CiDU�� iRAcT 0 10.00 9D'DD'00" 1156 N45'i6'29"E 21.21 ROADutaY , LTILIfYf5TOPM i, `' OPW-6WAY 1 h N6r0 90'00'00" 23.16 N 44'43'311 W ZI.21 hEE P At S SEweu a s cMexf 6o c zZ.46" 22.70 17.40 (100 I O rf 11AD 41.0D 4100 41.00 4900 49.00 2T62 4 tib•tiff ,ja° WESS RShT¢IGTION l_-,,10 ixE Litt �O ry h"9 � s w jL °`a Nf(.KL I'41'28" 4b,13 N 11'Sb'10'E 46.71 £ . 48`+ w u Z s ra ty�.°' !�� : " �q , �� tD 65v \� p_ yy ;_ .% b'II'22" 12 62 N 66110,48'E 42.25 �` s ,.'+ �v 21 " {0 '� r H k N F * �_�� �b o. •'o'13 91 GO cc N 11'11'21*W 11.b6 `✓, o try _n 'tip. o`O- r"p^ ,G�-c 2`� ti 3298 N21'I6'05"S 3214 h0' Z ti z z z ie ! z o. z x 2 £ t IDA, N6'41'40"ti 18.06 ,46.16•'0 111.66 ib.DO 77.00 bO,OD `' ,• 29' 50.00 4900 41.00 4100 41.00 49.00 41.00 44.00 49.00 (' I%.,;' tNi7!Al 1` 20\1`2` t.. 15.41 20.41 6'hroeWPLK IN 69'43' 91"W 867.b4 118 40 FD.'/2"cR.NOD4 &1i�MBNr # FO sl4' _z� -{ FDz/2'I r. N0.0 to.D6 fN�T.�" �,�to -�- I ,-Or �t - . Zea 5l fD.'Iia"Ig � N e6011.LOT I '4PECNOWAR0 PAFK' 1 a N FO 1/4'IF W0.41 41 7 E�1"IFIGA?� FD1,a6' W 4D2.89 a:= .a GE01GAT10N APPP�OVALS ,t duly sworn,depdee and xy that I have correctly surveyed and marked KNOW ALL MEN 0Y THESE PRS.5ENT5 that Der-Hart Associates,Inc and Lute Development LD, APPkOVED TH16 DAY OF. ds repreoentedanthe annexed map of'6OLONYGREEK E57ATE5"and at fhe AJoint NzlIftA(CI& Der Hart- A510cidfQ51incl da hereby make,establlshand declarcthe anne.eaplat of"ALONY CITY OF TIGARD PLANNING 60M ,61van+Led "roti Pipe,b" below the _Around vurfare, olid point beard h 0'01'!4'!; MeK EhTATEh"as deycnVtd in the accompanying Surveyors Certificate,a true map and plat thereof, �7t oorner of the,Jam" H Hia111 I n D.L.G. No.0 i ttienoe from void Initial f olnt all lots being of the, dimeneianb shown on said map and the streets and avenues being of the he oente vie, of 5 W Hall�Ivd (formerly 5tafe, H14hway ND 2(7),fhenoe• widths thereon set forth, and said per-Hart ASaaciatcs,Inc.andsaldLutL Development Ga CHAIRMAN 0O•W 11120 feet to it point on t1he Northerly boundary of the traot of land da herebydedlea+a to the uea of tnr,Publ�c as ,rt and Aovaclates,Inc. do ree orded Jul 7, 1978 under Document No PubGawaya forever au btreets,avenue6,and ta4ement4 .,hown(or noted)an ha,d map. e-,J ne,ebv Y _ , « --t c APPROVED TH15. PAY OP, theriv boundary of E,9+d Der Hart tract,5 b9'4b' 28"e 133 IF7 feet to an eg-Y c a E5, Tractor"C"Ona`0"shown oreaui map �bna-G 6on'Inumg along ova1d boundary N 0'11'412" E 90 69 fccf to an angle DER-HART A550t lATES,ING.t an�(¢aan (AYDOrA�ort 60ARD OF COUNTY GOMM15510NE " WAE)HINGTON GOUNTy, OREGON tonttnum a:Dn oa+d boundar S 89°46' 28"E Tfr8 03 feet to the Norfh- _ - i r `-: Darner being In the Wegt line of void HIokI1n 0L 6 , therwc along sad Imo �- October 10, 1 1. 3 Mau ProDerties Corp. 22YI Cornell 11 . Allsboro, of 312J Reference: Side lot lasewent Vacation for COW; Greek ustater- Qntic�er: Tyis is to ccnfir7 our telephone conversation of October 13, 1923, rotifying you the above item will be considered by the Ti7ard City fbarcil nt 033 Octobnr 11, 103, at Fcwler T-r%r 00--, School, WF65 S.U. UnInut, Anard, Oregar. At that tine, the Council way direct staff to 7ive notice ru wiciover of Ment to deny petition, or it there is rq nr?aorat rearon to Any petitior, set the pqblic benrir7 two 7:3" P.I., OncenAer 1, 1SV3. if the Council WPM "hr raso!"tion rettim, the public hearint, a deposit of $10.00. to cover costs of 10 lao'cle. Sincerely, Doris Marty Ary vecordnr RECEIVED 1983 CITI OF TIGAN) PROPERTIES CORPORATION October 13, 1983 City of Tigard Planning Department Attn: Doris Hartig To who it may concern; Ref : Elimination of Utility Easements on side yard property lines. Reason: The original approved Platt has utility easements on side yard property lines. Upon receiving approval from the city to build zero-lot line buildings it was found that these easements needed to be removed . We therefore request the easements be removed in order to build single family detached homes within 3 feet of the property lines, while maintaining 10 feet between the foundation of each building. Sincerely, .......... Morgan W. Bleak Vice President Titan Properties Corporation 2201 NORTHEAST CORNELL ROAO/HILLSBORO,OREGON 97'123/TELEPHONE(503)640-6066 To: Development Committee Date I n/ZL/R3 From: City Recorder Re: Vacation of Side Yard int Ease Pnt., t,nts 11,16,17,18,19,20 & 23 A Vacation petition for the attached has been received. Please review and make your recommendation/comments by in/in/R, RECEIVED OCT _t01983 COMMENTS REGARDING PETITION FOR VACATION CfTy OF TIGARD l� r�e v a� T SION DATE 10/4/83 !� � IE FROM;__ ITY RECORDER Re: Vacation Petition for Side Yard T. nr 13,16,17,18,19,20, & 23 Vacation petition for the attached has been received. Please verify on the micro- fiche the ownership of the real property affected with the signatures on the petition. Return to this office by If there are any questions, please feel free to contact me. SIGNATURE(S) OF PROPERTY OWNER(S) COMPARE WITH /MICRO-FICHE = G tJ SIGNATURES DO NOT MATCH WITH MICRO-FICHE Signature /� � - 2S1 12BB - 7 lots Colony Creek I 1700 Der-Hart, Associates, Inc, Lutz Development Co. %Iitao Properties 2201 N.E. Cornell D6. 2000 Titan Properties 2201 N.E. Cornell D6. Hillsboro, DR 97123 2100 Titan Properties 2281 N.E. Cornell Dd. Hillsboro, OR 97123 2200 Titan Properties 2201 N.D. Cornell Bd. Hillsboro, OR 97123 2300 Der-Hart, Associates, Inc. Lutz Development Co. %Iltao Properties 2201 N.E. Cornell RJ. Hillsboro, OR 97123 2480 Der-Hart Associates, ZNc, Lutz Development Co. %Iitao Properties 2281 N.E. Cornell Dd. Hillsboro, DD 97123 2700 Der-Hart Associates, Inc. Lutz Development Co. %Iitao Properties 220I N.E. Cornell Dd. Hillsboro, OR 97123 STATE OF OREGON, Washingtonss' 22nd November 82 County of--- ------ On this-. _ ._ day of _. _, 19 ......., Stephen:--A. B' eak before me appeared._ - -- -- --- ------ ---- -- _.. ---- ----- and _.... ...... -- ----- --- - -- - ------ ---I - Stephen A_boftt&dRe personally known, who being duly sworn, did say that he, the said .._......- - -------------- - -- --------------- _. ...- --- -- ------- is --is the.. -President, and he, the said --------------- - ---------- -........_--- ------ - -..... - -- is the----------- -- ---S6.0r� - _ ----- of- Titan Properties corporation _....-- - -- -- - - __- -- ---- ----- -- the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora- tion, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and----Stephen--.A, ---Blea'k--_-----------------------and.---. . _ ------ - acknowledge said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed k.. my official seal the day and year last above written. / y _. f .: Notary Pu 1'c for Oregon. M Commission expires 9 � CORPORATION ACKN�WG�©GMEN7 „�� Y P - - -- - ------------- Form - --- -Form No.0- 4 (Previous Fo14b.'Fotm 2dy' ­ " ' --------- STATE OF OREGON ) ss. County of Clackamas ) The foregoing instrument was acknowledged before me this 4th day of January, 1983, by James A. Cox, attorney-in- fact for Der-Hart Associates, Inc. , an Oregon corporation, on behalf of the corporation. L �� Z ( Notary Public for Oregon My Cordmission Expires. 6/14/83 THE: HONORABLE MAYOR AND CITY COUNCIL City of Tigard County of Washington State of Oregon in the Matter of the vacation ) of lands described as : ) Side Yard lot line easements in ) PETITION FOR VACATION Colony Creek Estates Subdivision ) Petitioners hereby request that the hereinbelow described area be vacated, for the following described reason(s) : Titan Properties Corporation herb requests the side and lot line easement5 of lots 13, 16, 17, 18, 19, 20 and 23 in Colo , Creek Est,2tes au r?.iJision aase I be vacated from said plat. All utility companies have signed wavers verifyin non-use and non-intended future use. ;1) That the undersigned is in fact the owner(s) or the contract purchaser(s) ,f the indicated property(s) . ;2) That the undersigned represent tracts in or adjacent to the affected area as hereinbelow described. ;3) That the cost of this vacation is to be borne by the benefited ;roperties and in respect thereto respectfully show: That the area proposed hereby to be vacated by the aforementioned jwners/purchasers comprises approximately NAacres , and is legally tescribed hereinbelow (or on the attached sheet marked Exhibit "A" which ,y reference herein is made a part hereof) and is illustrated on the ttached drawing marked Exhibit "B" (which by reference herein is made a part hereof) : XIVED 1 oul— _ 3 CITY OF TIGARD WHEREFORE, petitioners request that said lands be vacated as herein equested and described and that the City Council of the City of Tigard, aregon, expedite proceedings to that end as provided by law. TAX MAP # RECORDING SIGNAT RE _ r ADDRESS TAX LOT # NUMBER - �-y- o / `j�� `�Vie,f(: 7 fw5TATe5 COLONY Cg� A SUBDIVISION OF A PORTION OF LOTS 1 2 OF WILSON ACRES IN JWF. N.E.Y. OF 5r_:TION 11�THE OF SECTION IZ, TOWNBWIP 2 BOUTH, RANGE 1 WEST,W.M. CITY OF T4AP-0 WASHINGTON COUNTY Cr-eZCN . � r)AviD EvAns Pno D G--60 ASSOC iRT(S enc NOVEMD&IL Ala CUPLV6 OATH 11 a7••''• z 41 A" 5 18'f 7"0 "-77 7—=� W and t; MIN 4 4'Ir a t e z L a, ".Xl y 1.1 Z.I* w't 4 A.14 21 2 W. �11Y Io tA al cc Q0.11 III E u ZI tZ ;2,36 00'w 7f It'—l";I:t 41 _t It �-n n- ti_ "r, t 6I'44 It 0 b4 tI9 VNE tz$I M ICA TION I tt: t!!'� 1—41 2;7�. ',N "J OFL!60N . 5 7 7. ;T_ 3— tt--E Vt FLAT lLE6T;L!GTiDN % �� Yo W" tT 0! 4. cC401 It, 1,4 0 44 91 P14,C,I&J­I A­,,l d 't, Pn 'Al­ I—-d FORM No. 853---GENERAL POWER OF ATTORNEY—Individual or Corporate. TA — -- KNOW ALL MEN BY THESE PRESENTS, That I-------..JEFFREY J. HARTLIEB and - - - ---------- DER—HART ASSOCIATES, INC. , and Oregon corporation, - have made, constituted and appointed and by these presents do make, constitute and appoint_.... .. _..._ .. JAMES A. COX - - - - - --- ------- --- -------------------- ---- .. ... - - -_ - . my true and lawful attorney, for me and in my name, placg and stead and for my use and benefit, (1) To lease, let, grant, bargain, sell, contract to sell, convey, exchange, remise, release and dispose of any real or personal property of which I am now or hereafter may be possessed or in which I may have any right, title or interest, including rights of homestead, for any price or sum and upon such terms and conditions as to my said attorney may seem proper; (2) To take possession of, manage, maintain, operate, repair and improve any and all real or personal property now or hereafter belonging to me, to pay the expense thereof, to insure and keep the same insured and to pay any and all taxes, charges and assessments that may be levied or imposed upon any thereof; (3) To buy, sell and generally deal in and with goods, wares and merchandise of every name, nature and description and to hypothecate, pledge and encumber the same; (4) To buy, sell, assign, transfer and deliver all or any shares of stock in my name in any corporation for any price and upon such terms as to my said attorney may seem right and proper and to receive and make payment therefor; ' (5) To borrow any sums of money on such terms and at such rate of interest as to my said attorney may seem proper and to give security for the repayment of the same; (6) To ask for, demand, recover, collect and receive all moneys, debts, rents, dues, accounts, legacies, bequests, interests, dividends and claims whatsoever which are now or which hereafter may become due,owing and payable or belonging to me and to have, use and take all lawful ways and means in my name for the re- covery of any thereof by attachments, levies or otherwise; (7) To prepare, execute and file any proof of debt and other instruments in any court and to take any proceedings under the Bankruptcy Act in connection with any sum of money or demand due or payable to me and in any such proceedings to vote in my name for the election of any trustee or trustees and to demand, re- ceive and accept any dividend or distribution whatsoever; (8) To adjust, settle, compromise or submit to arbitration any account, debt, claim, demand or dispute as well as matters which are now subsisting or hereafter may arise between me or my said attorney and any other person or persons; (9) To sell, discount, endorse, negotiate and deliver any check, draft, order, bill of exchange, promissory note or other negotiable paper payable to me, and to collect, receive and apply the proceeds thereof for my use for any of the purposes aforesaid; to pay to or deposit the .name or any other sum of money coming into the hands of my attorney in checking and in savings accounts in my name with any bank or banker of my attor- ney's selection and to draw out moneys deposited to my credit with any bank, including deposits in savings accounts. and to apply the same for any of the purposes of my business as my said attorney may deem ex- f In construing this power of attorney, it is to be understood that the undersigned may be more than one person or a corporation and that, therefore, if the context so requires, the singular pronoun shall be taken to mean and include the plural, the masculine, the feminine and-the neuter and that generally all grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to more than one individual. IN WITNESS WHEREOF, I have hereunto signed this instrument, or if a corporation, its corporate name has been signed and its corporate seal affixed hereto by its officers duly authorized thereunto by its board of directors, on this _. ._2g_ day of January 19 81 JEFFREY A LIE DER—HA ASS IT INC. (ft a corporation,affix corporate seal. -y Pre 1 T2 STATE OF--...OREGON INDIVIDUAL ACKNOWLEDGMENT SS. County of _.Clackamas -_ BE IT REMEMBERED, That on this, the—-.2g day of "January 198 before mei a Notary Public in and for said county and state, personally appeared .. ..... .... .... .. .Jeffrey J Hartlleb ------- ------- - -- - _ ---- -----------............-------- --_------------ - - -------------- -- -- ------- _ __.... . ...- - known to me to be the identical person described in and who executed the foregoing Power of Attorney and acknowledged to me that___ he_... -----_executed the same freely and voluntarily and for the uses and purposes therein mentioned. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official se l on this, the day and year last hereinabove written (SEAL) Notary Public for.____....__.____._4.- . . -------------------- r My commission expires..-- ---- --------------�?--."y ., STATE OF - -- OREGONCORPORATE ACKNOWLEDGMENT ...... ------ ---- ss. County of . _-.--Clackamas------ ------------- BE IT REMEMBERED, That on this, the _29. A.— „t TnrmAru fo Al Ho{.,.e ...a Q W—fary Piyhlir in and fnr said nnunty and state. nPTsnnal1v