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79-052352 ~ Colony Creek Court CITY OF TIGARD, OREGON 79052352 RESOLUTION NO. 79-_I� A RESOLUTION ACKNOWLEDGING INSUFFICIENCY OF PROCEEDINGS IN CONNECTION WITH ORDINANCE NO. 79-63. WHEREAS , on August 13, 1979 the Tigard City Council passed Ordinance No. 79-63 vacating a portion of an unnamed right-of-way in Fanno Creek Acre Tracts adjacent to property owned by Harvey King; and WHEREAS, it appears that the consent of all persons owning land abutting the land to be vacated had not been given at the time of the passage of the ordinance, and that the consent of all persons owning land abutting the land to be vacated was required, under the circumstances of this proceeding, pursuant to ORS 271.080; NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council recognizes that the vacation described in Ordinance No. 79-63 cannot become effective, pursuant to ORS 271. 080, without the consent of all abutting owners, and that the consent of all abutting owners has not been obtained, and that the vacation has therefore not been accomplished. PASSED byknatntpno ,vote of the City Council this jA" day of December, 1979 . 41 MAYOR, CITY 0 TIGARD A —T* STATE OF OREGON 7� County of Washington SS Doris Hartilag, 6order 1, Roger Thomssen, Director of Records and Elections 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. ROGER THOMSSEN, Director of Records&Elections STATE OF OREGON) INOEXE0 ss City of Tigard Dtc 20 2 57 Ph 279 I , DORIS HARTIC, hereby certify that I am the duly appointed, qualified, and acting Recorder of the City of Tigard , Oregon. I further certify that I have compared the herewith copy of Resolution No . 79-115 Of the City of Tigard with the original in my possession as 'custodian of the official records of the City of Tigard, and that the herewith copy is a correct transcript of the whole of Resolution N079-115 IN WITNESS WHEREOF I have hereunto set my hand and the seal of the City of Tigard this 12th day Of December_, 1979 City Recorder Resolution No. 79-115 nullifies the Fanno Creek Acres Trac-ts Vacation Book 79035208, Page Nos. I thru 3, recorded Aug 29, 1979 — 10:42 a.m. Becedber 12, 1979 Zv. 1011Z 1homssen awhingwn Couaty courthouse 150 7. First Aillaboro, Gregon 9/ 12.'_, Re: Reavlatluo Am :Y-11" Wanaw Or"S Acm 1riez Oucatiow Lea . 101scen: WAUSCC Q a CAO 1v AL ZOMW 02 $3.00 LU LOVCr Luc Chargun W,' recoroint Like jcllovia� jocument: Revolutivi al 10-13: vunno creel Am Ton,, AUCK01'. Mank you for your assistance w0b this watuar . .,incerely, Wris Haxti,-., My OeccrOwi, DU:W. 700. LAW OFFICES OF THOMPSON, ADAMS & OEBAST ROBERT E.THOMPSON 12800 S.W. CANYON ROAD JAMES B.CASTLES ROD IN EY C.ADAMS BEAVERTON, OREGON 97005 OF COUNSEL PAUL J. DeBAST 644-2146 DAVID R.DENECKE December 6 , 1979 RECEIVED DEC 101979 Mr. Barker CITY OF TIGARD Tigard City Administrator Tigard City Hall Tigard, Oregon Re: City of Tigard Road Vacation, S.W. 74th, Tigard, Oregon Dear Mr. Barker : I spoke with Mr. Bailey, City Attorney, concerning a proposed resolution of a dispute over the vacation of the unused road right of way east of S .W. 74th Street. I am told by Mr. Bailey that a partial resolution in the matter has been reached through a proposed license agreement between the City of Tigard and Harvey King, one of the owners along that right of way. My firm represents Consolidated Supply Corporation , owner of the property immediately to the south of Mr. King. We are in a similar position to Mr. King in that we sought to vacate that portion of the unused road right of way in front of Consolidated Supply, for the purpose of landscaping, parking, etc. Due to the dispute between Mr. King and Mr. Scourtes and the other gentlemen who owned property to the North of Mr. King , this procedure appears to be long and contested. We would , therefore , desire to enter into a license agreement with the City of Tigard similar to that proposed between the City and Mr . King. I would appreciate it very mucy if you would raise this matter with the City counsel and with Mr. Bailey. I assume that whatever resolution the matter be reached with Mr. King will be carried out in the near future. I assume that it would make things easier if both these matters were handled at the same time . I am enclosing a description of the portion of the unused road right of way in front of Consolidated Supply and a description of the property currently owned by Consolidated Supply Corporation. M Mr. Barker December 6 , 1979 Page 2 ---------------- Thank you for your attention in this matter. Very truly yours, THOMPSON, ADAMS & DeBAST David R. Denecke DRD: jl enclosure cc: Karl Neupert Joe Bailey John Neupert Q0.. TIGARD CITY COUNCII STUDY SESSION MINUTES, OCTOBER 15, 1979, 7:30 P.M. 1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Tom Brian, John E. Cook, Kenneth W. Scheckla; Councilwoman Nancie Stimler; Chief of Police, Robert B. Adams; Legal Counsel, Joe D. Bailey; City Administrator, R. R. Barker; Public Works Director, Frank Currie; Planning Director, Aldace Howard; City Recorder Pro Tem, Loreen Wilson; Research & Develop- ment Assistant, Martha McLennan. 2. DISCUSSION OF FANNO CREEK ACRE TRACTS VACATION (a) Legal Counsel, after distributing the relevant ORS Chapters and a proposed Resolution calling for a public hearing, reviewed this issue. He pointed out to Council that one of the City's interests in this vacation was dependent upon whether or not Fanno Creek Acre Place had been vacated several years ago when the railroad crossing was closed. If this has been vacated, the City has no interest in maintaining the dedicated street, now under consideration for vacation as the street would have no connecting streets. He directed Council to review ORS 271.010 (the original statute used in error to vacate), ORS 271.080 (the correct statute for vacating in an incorporated city), and ORS 271.130 (calling for damages to any abutting property owners who suffer from the vacation, and allowing these to be reclaimed by the City through a local assessment) . He concluded by saying that the proposed Resolution would merely call for a public hearing on the subject. (b) Ted Miller, McCormick & Reynolds, Standard Plaza, Portland 97204, representing Mr. Deiter and/or Mr. Skourtes spoke in opposition to the vacation. He pointed out that even if the land partition was not valid, there would still be a landlocking problem with the southern portion of the property which is bordered by a creek. He went on to say that the City had no compelling interest in the vacation, only Harvey King would benefit. He concluded by pointing out that the damage potential of the vacation could be as high as $20,000. (c) Legal Counsel stated that the question of landlocking was not relevant to the correct statute (ORS 271.080). He also pointed out that the City would have the possibility of reclaiming damage monies through a local assessment of those benefiting by the vacation. (d) Councilman Scheckla emphasized the need to resolve all the problems of this subject before taking any further formal action. (e) After much discussion by Council, Planning Director proposed the possibility of going to a private crossing and private easement agreement between Deiter/Skourtes and Harvey King. He said that he would contact Mr. King to discuss this possibility. (f) Ted Miller agreed that attempts to resolve this informally would be acceptable and suggested that discussion be started prior to any public hearing. (g) Stuart Cado, Harris & McMenagle, stated that his firm had done a study of the sewer lines in the area and suggested that the elevation of the hook-ups in the proposed vacation be checkedjaS there may be a later problem with connecting onto the main line. (h) Mayor asked that all discussion be tabled at this point to allow the parties to negotiate privately, with the issue and schedule the next meeting for an up-date. 3. PEMBROOK L.I.D. PROPOSAL (a) Stuart Cado, Harris & McMonagle reported that the preliminary study, based on the topographical maps had been completed. He stated that the 580' line would serve 10 lots at an estimated cost of $42,731. He pointed out that there would be a relatively high cost per lot, due to due to the deep drop needed to service each home. He also pointed out that the line would have the potential for a future extension to the north. (b) City Administrator recommended that staff be instructed to prepare the Resolution calling for a public hearing to discuss the formation of the L.I.D. He also recommended that individual notification be sent out to all affected property owners regarding the meeting. (c) Councilwoman Stimler asked if the residents had been notified of the study results. Mr. Cado said that they had not. Councilwoman Stimler suggested that informal meetings be held with the property owners to inform them of the report prior to the public hearing so that they might be informed and able to participate at the hearing. (d) Motion by Councilman Cook, seconded by Councilwoman Stimler to direct staff to prepare the Resolution calling for a public hearing, and to notify the property owners and meet with them informally prior to the public hearings. Approved by unanimous vote of Council. 4. HOME OCCUPATIONS ORDINANCE AMENDING TITLE 18. (a) Planning Director reported to Council the need to strengthen City controls on home occupations. He stated that currently only the building permit and/or business license processes monitored the nature and operation of home businesses. He mentioned a recent problem with a game butchering business in a residential neighborhood. He recommended adoption of the proposed ordinance. (b) Council asked that this be placed on the next agenda for consideration. 5. SUBDIVISION ORDINANCE AMENDING TITLE 17. (a) Planning Director gave a brief history of this ordinance, stating that staff and the Planning Commission had been working on it for over a year now. He went on to say that the Planning Commission approved the current draft unanimously and recommended approval. PACE 2 - Study Session Minutes - October 15, 1979 McCORMICK & REYNOLDS ATTORNEYS AT LAW DONALD e.McCORMICK STANDARD PLAZA TELEPHONE JOHN F.REYNOLDS PORTLAND,OREGON 97204 226-7986 JOHN E-JOHANSEN,JR. TEE) M. MILLER October 11 , 1979 Tigard City Council Tigard City Hall Tigard, Oregon 97223 Re: The Harvey King Street Vacation Ordinance No. 79-13 Honorable Mayor and Members of the Tigard City Council : I am submitting the following to help you understand the position of John Skourtes and William Dieter regarding the vacation of the property south of Bonita Road and adjacent to the property of Harvey King. Only four parties BACKGROUND: First, it should be noted thatour _q�f� abut the vacated eartier own land abutting on the land in question. These are: property. (1 ) Harvey King, owner of Tax Lots 1600, 1700 and 1800 to the east of the vacated property; (2) Southern Pacific Railroad, owner of Tax Lot 2800 to the south; (3Burlington Northern, owner of the railroad right of way to the west; and (4) Either John Skourtes or William Dieter (Depending on the validity of Deiter' s title) , owner of Tax Lot 4001 to the north. Harvey King is Second, the only party who directly benefited from the the only party vacation was Harvey King to whom title to the vacated property will directly presumably pass. benefited. Third, John Skourtes and William Dieter opposed the Access to Tax vacation because it denies access to Tax Lot 4001 , which was sold Lot 4001 denied. by John Skourtes to Bill Dieter in 1978 by a recorded deed. Whether Bill Dieter has a "legal" lot or an "illegal " lot is a question best determined in a court proceeding. He certainly has a property interest by virtue of his deed. If there was a defective partition, this may be remedied. It is unfair for this body to ignore his property interest and deprive this lot of its access. City Council THE COUNCIL'S PREVIOUS ACTION: The City Council of Tigard vacated said received a taxpayer's petition to vacate this land and duly held a land. public hearing on the matter on July 23, 1979. John Skourtes and William Dieter appeared and opposed the vacation. On August 13, 1979, the City Council enacted an ordinance vacating said land. Statute requires However, City Attorney Joe Bailey correctly pointed out consent of all to the Council at its meeting on October 8, 1979, that the Council abutting land- was not empowered to vacate the land upon a taxpayer's petition owners when unless all the abutting landowners consented to the vacation. taxpayer petitions for vacation. Tigard City Council -2- October 11 , 1979 Oregon Revised Statute 271 .080 was the proper enabling statute and it requires: "the consent of the owners of all abutting property and of not less than two-thirds in area of the real property affected thereby." Abutting land- owners refused Either John Skourtes or Bill Dieter is an abutting land- to consent. owner, and both refused to consent to this vacation. Council moved The Council , at its October 8, 1979 meeting, correctly to "undo" former moved that staff prepare a resolution to "undo" the former vacation vacation ordinance. ordinance. COUNCIL'S PROPOSED ACTION: Suggestion that Tigard vacate the At the October 8 meeting, Joe Bailey suggested that the land on its own city council should on its own motion, enact a vacation ordinance motion. to accomplish the same thing as the former ordinance. Advantage: Does not require This procedure has the advantage of not requiring the consent of all consent of all abutting property owners. The City may accomplish abutting land- for Harvey King what Harvey King could not legally accomplish himself. owners. Disadvantage: City The disadvantage of this procedure is that the City of of Tigard liable Tigard would be liable in damages to John Skourtes or Bill Dieter for any decrease for any substantial decrease in the market value of their property. in market value of abutting The enabling statute specifically states that the land shall property. not be vacated without the consent of the owners of abutting property: "if the vacation will substantially affect the market value of such property, unless the city governing body provides for paying damages" . ORS 271 .130. Amount of If the Council determines there would be no decrease in decrease deter- market value, this finding is subject to review by the Circuit Court mined by Circuit upon an appeal of the ordinance. If it is determined by the Circuit Court on appeal . Court that there is a decrease in market value -- the City of Tigard will be liable for this amount. If Bill Dieter is indeed landlocked -- his damage is the full value of his property. Whatpublic Before the City Council intercedes on behalf of one interest would taxpayer to the harm of another -- it should examine what public be served? interest is being served. How does vacation of this property benefit the City of Tigard? Tigard City Council -3- October 11 , 1979 Is the City The only party who will directly benefit is Harvey King. willing to Is the City willing to pay damages to John Skourtes or Bill Dieter pay damages on so Harvey King may expand his parking lot? behalf of Harvey King? I would respectfully suggest that the City has more The public worthy projects on which to spend the taxpayers' money. I would interest does also suggest the public interest is not best served when the not support the City Council takes a position in a dispute between individuals Council 's over private property rights. position. Thank you for your attention and consideration of this matter. Sincerely, McCORM4CK & REYNOLDS Ted MI. i ler Of Attorneys for John Skourtes and William Dieter TMM/dlm T I G A R D C I T Y C O U N C I L - - - - - - - - - - - - - - - -- - REGULAR MEETING MINUTES, OCTOBER 8, 1979, 7:30 P.M. 1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Tom Brian, John E. Cook, Kenneth W. Scheckla (arriving at 7:35 P.M.) ; Councilwoman Nancie Stimler; Legal Counsel, Joe D. Bailey; City Administrator, R.R. Barker; City Recorder Pro-Tem, Loreen Wilson; Research & Development Assistant, Martha McLennan. 2. APPOINTMENT OF PRO TEM RECORDER (a) City Administrator explained that a Pro Tem Recorder must be appointed to replace Doris Hartig while she is on vacation. He recommended that Loreen Wilson be appointed. Councilman Scheckla arrived: 7:35 P.M. (b) Motion by Councilwoman Stimler, seconded by Councilman Cook to appoint Loreen Wilson as City Recorder Pro Tem. Approved by unanimous vote of Council. 3. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS. (a) Shirley Pick Simpson, 2020 SW Main, #607, Portland, Oregon 97205, appeared to protest the approved Planning Commission design for the Picks Landing Development. She gave a brief history of the site and her personal in- volvement with it. She objected specifically to the density of the develop- ment (68 units on 20 acres) , and the lack of concern for the natural value of the land. She stated that virgin timber an old maple stand and a spring had been destroyed by the developer. She continued by saying that the development of prime land such as this would occur, but protested the lack of quality in the development. She concluded by proposing that the entire project be reviewed by the Planning Commission, City Council and a panel of six architects to redesign the project to preserve the natural value of the site. Mayor stated that the period for appeal on this project had lapsed, and therefore there was no formal process to resolve her grievances. Ms. Simpson stated that she would continue to solicit support and publicize her objections to the project. (b) Legal Counsel gave a brief history of the Fanno k a re tracts Street Vacation requested by Harvey King stating that the City had been in Procedural error in the vacation because of a lack of obtaining consent from all abutting property owners. He said that this would need to be corrected by nullifying the previous ordinance, making the City the petitioner, hold- ing a public hearing and obtaining abutting owners' consent or making res- titution to them for any dimunition of their property values. Ted Miller, 701 Standard Plaza, representing John Skourtes and William Dieter said that Legal Counsel was accurate in his description of the situation. He was concerned that the City by becoming the petitioner, did not have a valid purpose or motive in petitioning for the vacation. REGULAR FETING MINUTES, OCTOBER 8, 1979 Legal Counsel stated that the City's motive in petitioning for the vacation was to benefit oso-­,rs on the right-of-way, to tak_---W,.are of the entire right- of-way at once r� --er than piece-meal, and becauL- the land is no longer of value to the City. Mayor suggested that the issue be put on a Study Session agenda so that more background information could be provided to the Council. Legal Counsel requested that Council direct him to prepare the necessary resolution calling for public hearing for the new vacation. Ted Miller, stated that the deadline for filing a writ of review on the cur- rent ordinance would expire this week, therefore he needed assurance from Council that the Ordinance would be reversed. Legal Counsel objected to the reversal of the Ordinance and requested the Ordinance be declared null and void due to procedure. After lengthy discussion Councilwoman Stimler moved to direct staff to prepare the necessary resolution to nullify the previous vacation ordinance due to procedural error. Motion seconded by Councilman Cook. Motion failed by a 2 to 3 vote. Mayor Mickelson, Councilmen Scheckla and Brian voting nay. After additional discussion Legal Counsel said that the motion had been proper and was what he would recommend. Motion re-stated by Councilwoman Stimler to direct staff to prepare the nec- essary resolution to nullify the previous vacation ordinance due to procedural error* Motion seconded by Councilman Cook. Motion passed by unanimous vote. Mayor directed staff to prepare necessary paper work to nullify the previous ordinance, prepare the new vacation papers and set a public hearing date. (c) Joe Walsh, Waker & Associates, 11080 SW Allen, Beaverton, referring to the letter provided to Council, requested an extension of the appeal dead- line (for appeal to Council) on the Golf Creek Estates project. Council explained that the appeal deadline would be counted from the final Planning Commission decision which has not yet been made (only a conditional decision has been reached to date) . City Administrator stated that Waker & Associates would have 20 days from the final Planning Commission decision to appeal to Council. Planning 111, a 4. APPROVAL OF MINUTES, SEPTEMBER 24, 1979 (a) Motion by Councilman Brian, seconded by Councilman Cook to approve. Approved by unanimous vote of Council. S. APPROVAL OF EXPENDITURES AND INVESTMENTS: $121,480.55 (a) Notion by Councilman Brian, seconded by Councilman Cook to approve. Approved by unanimous vote of Council. REGULAR MEETING MINUTES, OCTOBER 8, 1979, Page 2 to W, IVAI guger Thumpswr', 150 Korth First Allsborop Oregon 97123 Deat &r. lhowssen : mcionvi is a Met to cover the recardLag WS MY the WWW , orainance No. 79-63 — Fanno Creek Acre Tracts Vacatim (4&50 recaraing fee — 14.50 surveyor's fee) I ouuthem Pacific storm sewer agreemeut (deed records) fQ13.50 rLeorring fre'', wreyca Electric Railroad 27" scurr sewer & 42'' storn sewer live easements(SIOJU recordinj fee) sm, YLU M YOVY assistance in this matter. A"cerely, Doris Harttiti city Recurdef •%ugust 26, 1979 Mr. ar-vey Ric 4505 SW Bernard Drive POI-Liand) O'ref-�,'o-i 97''_01.. C �'nclosed is a cbece, ip the amount of $50. 60 for reimbursement of your $100.90 deposit -for the Fanno Creek Acre Tracts Street Vacation. Ti and City Council approved the vacation on August 13, 1979, the ordinance is enclosed for your files. When this has been recorded with the county, we will send you e recorded copy also. Follo,,k,ing is a list of the expenses for the above -mentioned street $100.00 deposit X4.40 - .'ibs.rc gimes Advertisin- 15 .00 - Recording Fees 50.60 Refund If you have any questions regarding this matter, please feel free to contact this office. Sincerely, Doris Hartig 0 City Recorder D'H: 1w E'ac . 7003 ; 208 ED CITY OF TIGARD, OREGON Fit- ORDINANCE NO. 79- 919 AUS) 29 4R 101: t Ct i :'C, rt &,t AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF AN UNNAMED 30 1' dF- WAY IN FANNO CREEK ACRE TRACTS IN THE CITY OF TIGARDWASHINGTON CO ' :,. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: The Council finds that Resolution No. 79-64 was adopted by the Council on June 11, 1979, relating to the vacation of the hereinafter described dedicated unopened portion of a public way and that a public hearing was thereby called to be held on July 23, 1979, 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 July 23, 1979, at which time and place the Council afforded all interested persons an opportunity to be heard for or against the proposed vacation of said lands, 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 by Chapter 271.080 O.R.S. , did not object thereto in writing and that owners affected hereby 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 prejudiced by the vacation of the hereinafter described lands and that the said lands are not useful as part of the public street or road system of the City of Tigard and that it is in the public interest that said vacation be approved. Section 5: The Council further finds that the City recording officer has filed in her office a certificate showing that all city liens and taxes, if any, have been paid on the lands proposed to be vacated. Section 6: The following described portion of dedicated unopened street. be and the same is hereby vacated and discontinued as a public way for the full length and width of said portion of street: As described in Exhibit "A", attached hereto and by reference made a part hereof. Section 7: That the City Recorder be, and she is hereby authorized and directed to have a certified copy of this ordinance filed for record with the following Washington County departments: 1. Department of Records & Elections 2. Department of Revenue & Taxation - Attn: Assessor 3. Department of Public Works - Attn: County Surveyor all as required by Chapter 271.150 O.R.S. ORDINANCE No. 79-__LL r �, Section 8: 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 rj 1)a�„�- a , vote of all Council members present, after being read two times by number and title only, this day of 1979. 1 f City Recorder �- APPROVED: This �� 5' day ofu T; , 1979, by the Mayor. ��-V'ZZZ'61� Mayor PAGE 2 - ORDINANCE No. 79- �,3 EXHIBIT "A" LEGAL FOR ROAD VACATION That portion of that 30 root wide road, Easterly of, and adjacent to the. West Boundary of Lots 21, 22, and 23, FANNO CREEK ACRE TRACTS, a duly recorded subdivision in Section 12, Township 2 South, Rangel West, Willamette Meridian, Washington. County, Oregon. STATE OF OREGON County of Washington SS I, Roger Thomssen, Director of Records and Elections 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. ROGER THOMSSEN, Director of Records & Elections JNDEXED ASIC 19 ID 42 AH '79 WASH I NOTON COUNTY DEPT. OF RECORDS & ELECTIONS Room 104 Administration Bldg. Hillsboro, Oregon 97123 Phone (503) 648-8891 CASE NO. DATE 14 RECEIVED OF ITEM CASH CHECK AMOUNT COMPLAINT ANSWER PROBATE MARRIAGE LIENS COPIES TRIAL & REPORTER TOTAL AMOUNT 24509 Received By: PUBLIC HEARINGS - 8:00 P.M. F T VACATION - FANNO CREEK ACRE TRACTS Continued from July• 23, 1979 `Couneil meeting. Public Hearing Opened Planning Director noted area concerned and gave brief background on project. Public Testimony Proponents Mr. Harvey King, 4505 SW Bernard Drive, Portland, requested Council approve the vacation request expounding on history of project. Opponents Mr. William Dieter, 10365 SW Heather Lane, Beaverton, owner of Tax Lot 4001 requested Council not approve vacation request as his property would then be landlocked. Mr. John Skourtes, Beaverton, requested Council not approve because of the impact the facation would have on Mr. Dieter's land. Cross Examination Staff, Legal Counsel, Audience, and Council discussion followed regarding legality of the formation of tax lot 4001 since the City of Tigard had not created the lot even though it was in the City limits. (e) Planning Director recommended the vacation request be granted because the City was not responsible for land locking the property known as tax lot 4001. (f) Public Hearing Closed. (g) ORDINANCE No. 79-63 AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF AN UNNAMED 30 FOOT WIDE RIGHT-OF-WAY IN FANNO CREEK ACRE TRACTS N THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (h) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve. Approved by unanimous vote of Council present. 14. NPO #4 Interpretation of Policy 425 which discourages the development of smaller than one acre lots for commercial professional use. Specifically Jack St. Clair, Tax Map 2S1 1AD, Tax Lot 400, corner of SW 67th and Hampton. (a) Planning Director synopsized problem and after lengthy discussion with Council requested only owners of lots of record be allowed to develop less than one acre lots if the zoning was C-P prior to the NPO Plan adoption. (b) Motion by Councilwoman Stimler, seconded by Councilman Cook to approve per Planning Director's recommendation. Page 3 - COUNCIL MINUTES - AUGUST 13, 1979 T I G A R D C I T Y C O U N C I L STUDY SESSION MINUTES, AUGUST 6, 1979, 7:45 P.M. 1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Tom Brian, John E. Cook, Kenneth W. Scheckla; Councilwoman Nancie Stimler; Chief of Police, Robert Adams; Legal Counsel, Joe D. Bailey; City Recorder/Finance Director, Doris Hartig; Research and Develop- merit Assistant, Martha McLennan; Building Official, Ed Walden. 2: APPEAL REGARDING WEDGEWOOD HOMES, 11950 S.W. MORNING HILL DRIVE Variance to Uniform Building Code (a) Building Official gave a brief history of the problem with this house, stating that there was a discrepancy between the plans and the actual building with respect to ceiling heights (plans showed 7'9i", actual building is 7' , code requires 7 '6") . He went on to say that a stop work order was placed on the project until this matter could be resolv- ed. Referring to a letter from John H. Klein of Wedgewood Homes (dated 7/27/79) , Building Official reported that they have requested a variance to allow completion of the building on the basis that the 7 ' ceiling height is expected to be allowed in the 1979 Uniform Building Code. In addition, the letter specifies that a letter would be prepared should the building be sold prior to the adoption of the 1979. Code, which would I notify the owner of the discrepency and hold the City harmless. Letter would be filed in Washington County deed records. (b) After much discussion by Council relating to cost to the builder, precedence, and detriment to the house, Mayor asked for a recommenda- tion from the Building Official. Building Official stated that he leaned towards the builder (favoring the variance), however he felt that he could not recommend to Council that they allow a violation of the Code. Mayor asked that this be brought back next week for public ! hearing and possible action. i 3. RESOLUTION No. 79- A RESOLUTION OF THE TIGARD CITY COUNCIL CREATING A STREET PLUG AT THE WEST END OF S.W, VARNS STREET TO ELIMINATE THROUGH TRAFFIC. (a) City Recorder stated that this was merely an opportunity for Council to review the proposed Resolution. (b) Councilman Brian felt that the third paragraph should be deleted, i.e. : and WHEREAS, the Council feels this would keep intact the residential character of Rolling Hills Subdivision." Consensus of Council to delete this paragraph. Mayor asked that this be brought back next week for further consideration. FT TUS REPORT - Harvey King's Fanno Creek Acre Tra=cts Vacation Request Legal Counsel gave an up-date on this issue stating that the applica- tion for a minor land partition to create Tax Lot 4001 had not been r. found, nor had any related documentation been found (receipts, etc.) . He reported that a photocopy of a document which could be the applica- tion had been given to him by Mr. Skourtes, however the copy was so faded that it was not possible to tell that this was the document in question. He went on to say that he would continue his research and report next week. 5. HARVEY KING SEWER AGREEMENT (a) Legal Counsel stated that there was no report for Council at this time. He requested that it be placed on next weeVs agenda. 6. BID OPENING *S.W. Varns Street L.I.D. Traffic Counters (a) City Recorder reported that bids had been received on both project and had been sent out for evaluation. Recommendations for awarding bids would come when the City Administrator returns from vacation. The bids were: Varns, Street: Amersons Excavating - $58,855-33 Oregon Asphaltic Paving - $75,557.90 Traffic Counters: Leopold & Stevens Inc. - $4,707.00 7. OTHER (a) Councilman Scheckla expressed his disappointment at the way the Dartmouth/Pfaffle Intersection meeting was conducted at City Hall on August 2, 1979. He stated that the space, seating and provisions for hearing speakers were inadequate. He asked that staff correct these kinds of problems as they discourage citizen participation. (b) Councilwoman Stimler stated that a recent Park Board meeting had similar kinds of problems and suggested that staff look into the availability of spaces other than City Hall for public meetings. (c) Councilman Brian thanked all organizers and participants of Town and County Days for an enjoyable civic event. ADJOURNMENT: 8:20 P.M. City Recorder ATTEST: Mayor PAGE 2 - STUDY SESSION MINUTES AUGUST 6, 1979 August 2, 1.979 Harvey E. King 4505 SW Bernard Drive Partlaad, Oregon 97201 Re: Fanno, Creek Acre Tracts Vacation e a r Of', r. TK i,i Ilio Tigard City Council will bear a status report on the above mentioned -tems al" rhc-,ir study session on August 6, 1979. Tae meeting will be held at Fowler .junior High School, Lecture Room, 10865 SIv Walnut Street, Tigard, Oregont and - itil'L start at 7:30 P.M. Sincerely, Doris Hartig City Recorder OH'.1W CC: John Skourtes William Dietei: (a) Planning Director requested Council omit item from the public hearing. (b) Consensus of Council was to omit. 18. ZONE CHANGE ZC 19-79 Jolivette Construction NPO #3 A request by Steven L. Jolivette for a zone map amendment from Wash. Co. RS-1 to City of Tigard R-15 "Single Family Residential" zone on a .93 acre parcel, located at 12800 SW Walnut Street (Wash. Co. Tax Map 2S1 4AD, Tax Lot 3500) . (a) Planning Director stated Planning Commission recommended approval. (b) ORDINANCE No. 79-59 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN AP- PLICATION BY STEVEN JOLIVETTE FOR AN AMEND14ENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT 12800 S.W. WALNUT AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2SI 4AD, TAX LOT 3500, FROM 14ASHINGTON COUNTY RS-1 TO CITY OF TIGARD R-15 "SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A"", "B", & "C" GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. (c) Motion by Councilman Brian, seconded by Councilman Cook to approve. (d) Lengthy discussion ensued regarding Condition No. I questioning whether a half street improvement or a non-remonstrance agreement was more desirable on Walnut Street. (e) Motion by Councilman Brian, seconded by Councilman Cook to amend Ordinance No. 79-59 by amending Condition #1 to read as follows: "That the applicant dedicate ten (10) foot right-of-way along the frontage of the subject site on SW Walnut Street and sign a non-remonstrance agree- ment prior to issuance of Building Permits and not remonstrate against any sidewalk improvements along SW Walnut Street. Motion to amend approved by unanimous vote of Council. Ordinance No. 79-59, as amended, was approved by unanimous vote of Council. rTR 19. STREET VACATION - FANNO CREEK ACRE TRACTS (a) Public Hearing Opened (b) Planning Director gave brief synopsis of history and current status of project. (c) (c) Public Testimony Proponents Mr. Harvey King, 4505 SW Bernard Drive, Portland, 97201, presented slides of the area and requested Council approve request as he has requested right-of- way from the railroad to serve his property and has no need for the street as it exists. Opponents Mr. William Dieter, 10365 SW Heather Lane., Beaverton, stated that his land would be landlocked if this vacation were permitted. --TrrA_D 11A'=11T1TV0 - TTTTV ')q IQ7 Q 15, ORDINANCE No. 79-57 AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JUNE 25, 1979, WITH RESPECT TO "S.W. KATHERINE STREET SEWER IMPROVEMENT DISTRICT"; APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF SANITARY SEWER SYSTEM; DECLARING RESULTS OF HEAR- ING HELD WITH RESPECT THERETO; DIRECTING SOLICITATIONS OF BIDS FOR CONSTRUCTION; PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY. (a) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve, -noting bids are to be opened September 5th at 2:30 P.M. (b) Councilwoman Stimler requested plans be changed from Alternate Plate I to Alternate Plate II as submitted by Harris & McMonagle Engineers. Mr. Steve Allison, SW Katherine Street resident, expressed interest by a majority of the residents to have Plate II used so that the lots below the flood plain would not be included in the improvement. (c) After lengthy discussion, Legal Counsel stated that the plates could be changed since the boundaries of the improvement would remain the same. Concensus of Council was to use alternate Plate II Motion to approve was passed by unanimous vote of Council. 8:00 P. M. 1.6. ZONE CHANGE ZC 1-79 WAY W. LEE NPO #4 A request to amend Ordinance No. 79-38, with respect to an application by Mr. Way W. Lee for a zone map amendment from City of Tigard R-7 to City of Tigard C-3 PD on a 5 acre parcel, located on S.W. 69th Avenue (Wash. Co. Tax Map 2SI 1, Tax Lot 600), by amending Condition No. 10 regarding public access. (a) Planning Director recommended Council adopt ordinance to delete condition No. 10 since Mr. Steve Louis from the Hi Hat Restaurant has submitted a letter stating he has no further interest in the retention of Condition No. 10. (b) ORDINANCE No. 79-58 AN ORDINANCE AMENDING ORDINANCE NO. 79-38 RELATING TO A ZONE CHANGE SOUGHT BY WAY W. LEE, BY DELETING CONDITION NO. 10 OF SECTION 2. (c) Motion by Councilman Brian, seconded by Councilman Cook to approve. Approved by unanimous vote of Council. 17. ZONE CHANGE ZC 22-79 Lumkin O'Neel Properties NPO #2 A request by Dale Lumpkin for a zone map amendment from City of Tigard R-7 "Single Family Residential" to R-5 "Single Family Residential" on a 3.53 acre parcel, located at 11340 SW 94th. (Wash. Co. Tax Map IS1 35DB, Tax Lot 5503) . PAGE 4 - REGULAR MEETING - JULY 23, 1979 11 L(d) After lengthy discussion between staff, Council, proponents and opponent,, Councilman Brian moved to table item until staff and Legal Counsel has time to do further investigation in the matter. Motion seconded by Councilwoman Stimler. Approved by unanimous vote of Council. (e e) John Skourtes and Mr. William Dieter requested they be notified when Council will consider. 20. NOISE MITIGATION - 99W TSM Project (a) Planning Director stated St. Anthony's School has requested something be done regarding the increased noise from Pacific Highway. This could be done with the TSM Project at an additional cost of $46,000 of which the City's share would be 15% or approximately $6,440. (b) Mr. Don Adams from Oregon Department of Transportation spoke regarding the ways to decrease the noise level inside the school and answered questions from Council and staff regarding decible levels and alternatives to help the school face this problem. (c) Consensus of Council was to direct staff to contact the school and see if there was still a desire on their part to pay the $6,440 for the project to be completed with the TSM project. This must be done quickly so as to allow the state to include this item in the letting of bids in September. 21. ORDINANCE No. 79-60 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28, OF THE TIGARD MUNICIPAL CODE BY ADDING TO SECTION 10-28.130 TO PROHIBIT PARKING ON A PORTION OF SW GAARDE STREET, FROM SW PACIFIC HIGHWAY TO SW 112TH AVENUE, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (a) Chief of Police recommended approval due to traffic hazards. (b) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve. Approved by unanimous vote of Council. 22. RESOLUTION No. 79-79 A RESOLUTION OF THE TIGARD CITY COUNCIL ACKNOWLEDGING RECEIPT OF A TRIPLE MAJORITY ANNEXATION PETITION CONSENTING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARD- ING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. (Pembrook) (a) Planning Director recommended approval. (b) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve. Approved by majority vote of Council, Councilman Scheckla voting nay. PACE 6 - REGULAR MEETING - JULY 23, 1979 23. RESOLUTION NO. 79-80 A RESOLUTION OF THE TIGARD CITY COUNCIL ACKNOWLEDGING RECEIPT OF A TRIPLE MAJORITY ANNEXATION PETITION CONSENTING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARD- ING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. (Anderson) (a) Planning Director recommended approval. (b) Motion by Councilwoman Cook, seconded by Councilman Brian to approve. Approved by unanimous vote of Council. 24. RESOLUTION No. 79-81 A RESOLUTION OF THE TIGARD CITY COUNCIL ACKNOWLEDGING RECEIPT OF A TRIPLE MAJORITY ANNEXATION PETITION CONSENTING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARD- ING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. (Nash) (a) Planning Director recommended approval. (b) Motion by Councilwoman Stimler, seconded by Councilman Cook to approve. Approved by unanimous vote of Council. 25. APPROVE WASHINGTON COUNTY LIBRARY SERVICE CONTRACT - Authorize Signing by Mayor (a) Planning Director stated the contract had been rewritten to give the City more latitude in servicing the area and use of the funds. Planning Director recommended approval. (b) Motion by Councilwoman Stimler, seconded by Councilman Scheckla to approve and authorize signing by the Mayor. Approved by unanimous vote of Council. 26. OTHER (a) Councilwoman Stimler requested staff investigate the problem on SW Walnut Street caused by cars lining up for the gas station and blocking driveways in the process. Planning Director stated he would investigate and eliminate the problem. (b) Councilman Brian questioned the effect Canterbury Woods would have as far as planning, if in fact, the buildings were determined to have three stories instead of two as required in the code. Staff assured Council that adequate information would be compiled for the Au :sI 7th Planning Commission hearing. (c) Planning Director noted that the Christian Bookstore on Main Street had re- quested Greyhound to use them as a stop in the Tigard area. Since this would eliminate some parking places on Main Street, the Planning Director stated he would investigate further and report back to Council. PAGE 7 REGULAR MINUTES - JULY 23, 1979 Wil li.ar.i Dieter 10365 S, W. Heather Lane Beaverton, Oregon 97005 July 18, 1979 City Council City of Tigard Main Street Tigard., Oregon 97223 SUBJECT; Remonstate against vacation of 30 foot wide dedicated public right of way - Fanno Creek Acre Tracts Gentlemen: I am the recorded owner of the land tax lot 4001, fronting on a 30 foot public roadway. The vacation petition as submitted by private citizen Harvey King is defective per Oregon revised statues. Therefore, it cannot be acted upon by the Tigard City Council. ORS 271-020 states,, "no vacation on any part of a public right of way shall occur". Even when "all or part thereof of the right of way has not been opened or used by the public for 20 years", if the non consenting owner has no other public access to his property. In other words., no vacation of a public right of way can occur which would eliminate public access to a parcel of land. We have not consented to the vacation of this public road., because this vacation would iand-lock our property. The state law as enumerated above is crystal clear. Any other conditions, opinions or circumstances that might be used by the petitioner Mr. Harvey King ETAL for this vacation are irrelevant and out of order. Sincerely yours, WILLIAM DIETER AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEADING On Proposed Vacation of a portion,ot an unnamed 30 foot wide dedicated STATE OF OREGON, public right-of-way in Fanno Creek ss. Acre Tracts in the City of 'Tigard, COUNTY OF WASHINGTON, I Washington County, Oregon. Pursuant to resolution of the City I, ... Ja €p -Sha 1 er..- -- Council of Tigard adopted on June 11, -----. 1979, under authority of Chapter 271.130 Oregon Revised Statutes, a being first duly sworn, depose and say that I am the publisher _.._.__- public hearing will be held by the City Council of Tigard at 8:00 P.M.on Mon- of The Tigard Times, a newspaper of general circulation, as defined day, July 23, 1979 at Fowler 3tnior High School Lecture Room, 10863 S '` by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and Walnut Street, Washington C Tigard, Oregon, with respect to state; that the legal notice, a printed copy of which is hereto annexed, was proposed vacation of the following scribed portion of a dedicated stre+* lt published in the entire issue of said newspaper for _. ----- successive and Fanno Creek Acre Tracts) in the,,t ► of Tigard, Washington County, err consecutive weeks in the following issues _ _._____ .. gon: g; June 20 & 27 and July 4, 11, 18, 1979 That portion of that 30 foot road, Easterly of, and adjacent is tll - - --`��� I West Boundary of Lots 21, 22,,a LFANNO CREEK ACRE TRAC - / -•- _. duly recorded subdivision in Section 12, _. ( nat re) Township 2 South, Range i West,Wil- 19th lamette Meridian,Washington County, Subscribed and sworn to before me this ___.__..__.______-.._._______.._ day of ..___._____. Oregon. Any objections or remonstrances against said proposal to vacate said July 19 79 area 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 -------------- - Notary Public of Oregon heard and considered, and any person COMMISSION EXPIRES having an interest in the proposal may ___.---__ _ likewise verbally be heard at said time My commission expires _ - -------------FEB-.--18-, V4,92 and place. By order of the City Council of Ti- gard, this 11th day of June, 1979. DORIS HARTIOF, City Recordir (TT 4187 - Publish June 20, 27, July 4, 11, 18, 1979) AFFIDAVIT OF POSTING In the Matter of the Proposed Fanno Creek Acres Street Vacation Hearing STATE OF OREGON County of Washington) ss. City of Tigard I, Richard W. Cettel , Jr. 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 Fanno Creek Acres Street Vacation a copy of said notice being hereto attached and be reference made a part hereof, on the 22 day of June , 1979 . 1 . At the North end of the right-of-way to be vacated, on a 4 foot lath. 2. At the South end of the right-of-way to be vacated, on a 4 foot lath. 3 . Near the center of the right-of-way to be vacated, on the East boundary, on a 4 foot lath. 4. Near the center of the right-of-way to be vacated, on the West boundary, on a 4 foot lath. Z Subscribed and sworn to before s 2- j_dAy Of ji np 19 79 V Notary Public for Oregon Affidavit of Posting My Commission Expires: ll-Q6-81 CITY OF TIGARD NOTICL OF PUBLIC HEARING ON PROPOSED VACATION OF A PORTION OF AN UNNAMED 30 FOOT WIDE DEDICATED-PUBLIC RIGHT- OF-WAY IN FANNO CREEK ACRE TRACTSIN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution of the City Council of Tigard adopted on June 11, 1979, under authority of Chapter 271.130 Oregon Revised Statutes, a public hearing will be held by the City Council of Tigard at 8:00 P.M. on Monday, July 25, 1979 at Fowler Junior High School Lecture Room, 10865 SW Walnut Street, Washington County, Tigard, Oregon, with respect to the proposed vacation of the following described portion of a dedicated street (in Fanno Creek Acre Tracts) in the City of Tigard, Washington County, Oregon: That portion of that 30 foot wide road, Easterly of, and adjacent to the West Boundary of Lots 21, 22, and 23, FANNO CREEK ACRE TRACTS, a duly recorded subdivision in Section 12, Township 2 South, Range I West, Willamette Meridian, Washington County, Oregon. Any objections or remonstrances against said proposal to vacate said area 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 11th day of June, 1979. DORIS HARTIG City Recorder TT PUBLISH JUNE 20, 27, JULY 4, 119 18, 1979, Ane 1j, Arvey 4 lip: 45U5 SH Bernarl vy;vf, Portland, -r-own g; ;-', A: 9nentlan n_ wrtior ow 7eeicated public r!.IV-v4- !a, ia Cruak At.' Dear Vr. Please be NOW t4a 117v& My omcil ant a public hmarin an We a4mm? for d:UU F.I., into : 3, Iq -- nor 917v 4r-wi 7 nn-n non, 1086S so M-4t — 1 , :_ if imther infor §0 to :0-taK on , VL Rmorim: CITY OF TIGARD, OREGON RESOLUTION No. 79- A RESOLUTION CONCERNING VACATION 01' A PORTION OF AN UNNAMED 30 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY IN FANNO CREEK ACRE TRACTS IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the area described on the attached sheet headed "Exhibit A", and by this referenced made a part hereof, is an undeveloped unused street and/or alley dedicated to the public for highway purposes; and WHEREAS, the area described on said "Exhibit A" now lies within the platted area of Fanno Creek Acre Tracts, a duly recorded subdivision of record in said county; and WHEREAS, the area described on said "Exhibit A",' also lies within the corporate boundaries of the City of Tigard, Oregon; and WHEREAS, said described area does not serve a public purpose and is so situated as to be of no usefulness now or in the future as part of the public street system of the City; and WHEREAS, it appears to be in the public interest that the said area be vacated and restored to the tax rolls 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 COUNCIL OF TIGARD, AS FOLLOWS-, (1) "That the public hearing is hereby called to be held by the City Council of Tigard on Monday, July 23, 1979, at Fowler Junior High School Lecture Room, 10865 S.W. Walnut Street, within the City of Tigard, beginning at 8200 PEM:, 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 made on the 20th day of June, 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 five (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 Recroder shall post a copy of said notice in at least two (2) conspicuous places within the area(s) proposed to be vacated, all of said postings to be accomplished within the time herein stated. RESOLUTION NO. 79-_O/!� (3) 94That the particular portion of dedicated street proposed to be vacated is described on-the attached sheet headed "Exhibit A" and by this reference made a part hereof," PASSED-. By the Council on the j/ day of ,1 ,1979. Mayor _..,_ ,_......T..�._ ATTEST-. L L City Recorder PAGE 2 RESOLUTION No. 79- ��f EXHIBIT "A" LEGAL FOR ROAD VACATION That portion of that 30 foot wide road, Easterly off and adjacent to the West Boundary of Lots 21, 22., and 23, FANNO CREEK ACRE TRACTS, a duly recorded subdivision in Section 12, Township 2 South, Range l West, Willamette Meridian, Washington County, Oregon. r " a 19. RESOLUTION No. 79--64 A RESOLUTION CONCERNING VACATION OF A PORTION. OF AN UNNAMED 30 FOOT WIDE DEDICATED PUBLIC RIGHT•-OF--WAY IN FANNO CREEK ACRE TRACTS IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (a) Motion by Councilwoman Stimler, seconded by Councilman Brian to set public bearing for July 23, 1979 at 5:00 P.M. and approve resolution. Approved by unanimous vote of Council. 20. RESOLUTION No. 79-65 RESOLUTION TRANSFERRING FUNDS FROM CONTINGENCY .ACCOUNT TO EXPENDITURE ACCOUNTS FOR CAPITAL OUTLAY ITEM. (a) City Administrator requested Council approve transfer for Stack roll plan files for Engineering Department due to increase paper lead. (b) Motion by Councilwoman Stimler, seconded by Councilman Cook to approve. Approved by unanimous vote of Council. 21. APPROVE BOND REDUCTION WINSOME TERRACE SUBDIVISION (a) City Administrator requested bond be reduced $14,000 for sewers which have been inspected and approved. (b) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve'-reductioxt in bond by $14,000. Approved by unanimous vote of Council. 22. APPROVE BOND REDUCTION SCHECKLA PARK ESTATES (a) City Administrator recommended reducing bond by $291,000 for street and sewer inspection and approval. (b) Motion by Councilwoman Stimler seconded by Councilman Brian to approve. Approved by 4-0 vote of Council. Councilman Scheckla abstaining. 23. APPROVE TANGELA SUBDIVISION MAINTENANCE BOND ' (a) City Administrator recommended approval of maintenance bond. (b) Motion by Councilman Cook, seconded by Councilmen Scheckla to approve. Approved by unanimous vote of Council. 24. ACCEPT SEWER EASEMENTS COLONY CREEK ESTATES (a) City Administrator recommended acceptance of easements for sewer. (b) Motion by Councilwoman Stimler, seconded by Councilman Cook to approve. Approved by unanimous vote of Council. %GE 6 - COUNCIL MINUTES -- JUNE 11, 1979 TO: THE 110���\-,Oq i ABLE '4AYGR iD CITY COUNCIL City of Tigard County of Washington State of Oregon In the ',,l a 4 t C_r of the vacation of lands described as : That portion of that 30 foot road) adjacent to the West boundary of PETITION FOR VACA'TIGN Lots 21 , 22 , and 23 , Fanno Creek Acre Tracts , in Section 12 , Towns�ip 2 , Range 1 West , of the WillamettT Meridian,, in Washington County, Oregon. Petit. ioners re-quest that the hereinbelow described ia ,ea 1"'C' vacated , fur the described reason(s) : enhance the beaut-y _--o-E-the, -landscaping.-- To provide off street parking. To reduce -road hazards -.by pr-oviding_ of"t-reet--par-k-in-g 21, -22 and 23 are developed. Petitioner owns -land _an,,_E_as_t_. side-- o-f----dedi-r-ate4d--r-oad-- --Sa-id---r-aad'---c--ann-ot cross tracks and seVves no yse�u�hpug,� v _ _.(s) -)r Thai (7,1 Is Tr a c the con a i,;a r c , a, L, L — c of the indJ (_,1'c,1'_,c ( 2) Tfiat the .3d _1�1�presept tracts in or adjacent to i.l,.e of ,c C C'�.i arpa -s ( 3) That the cost of -t,his vacation is to be borne by the benefitted erties and in, respectfully show: Thiit the i;--olpo:-,ed hereby to be vacated by the 2pj)roximately 0 . rj3 aI ega-cres , and is I ht-reinbelow (or on the attached sheet marked Exhibit "A" which by refei-f,nce herein is made a part hereof) and is illustrated on the atta,,hed di,�i-,k,ing marked Exhibit "B" (which by reference herein is made a See attached Exhibits "At' and 17,ray that said lands be vacated ..,s qti( .�Ied wind Fnd t`-tat the City Council of the City of T--­rd prnreeding,� to that end as provided by law. 0 d-r c s a p Tax T 0 L, VC i V. 1 r, ic- lze2 1700 i #p�i,,ore e lVe, 79 - qe6 i� '10 : THE HONORABLE MAI-Oil --CITY G)UNUIL City of Tigard County of Washington State of Oregon In the Matter of the vacation of lands dencribed ns : 'hat portion of that 30 foot road) djaccnt to the West boundary of PETITiON FOR VACATION ,ots 21 , 22 , and 23 , Fanno Creek ,ere Tracts , in Section 12 , Townspip Range I West , of the Willamettg ioridian, in Washington County , )regon. Pet -itionurs hereby ruquest that the hnreinhulow duNcrihed arehc vacated , fur the fuilawing dcscribed rrahon( s) : To enhance _thy the_ general- area- through landscaping�- - - To provide off street parking . To reduce_road road hazards by providing off-street- parking t0c-� l�Li,6ts- Z22 and 23 are developed. Petitioner oVns land oa- East side os_ dedicated- road.- Said road cannot cross tracks and serves no gsc "u ( I ) That UY 15 i . j7 � All ! K IV JAR RUTUT01-1s) or the contract purcha>yr( s ,' of the indic%tnC ( 2 ) That the u. o-1 . ; Zn"d n prcnept tracts in or Ndiacent to ibe affnct -,", area as hurc-inbcio, hpvcpiood . ( 3 ) That the cunt of, Lnis vacation is to be borne by the benefited prup- erties and in rcspeuv i4wrwo rospectfully show: That ihw nyua jnnj�z;pd horeby to be vRcnLnd by the wF"rmuntioned "0QMYS UIMAPyisnn nppr"Ximltely . , allY153 , dtnuKU"d hareinbelow (or on thea atLaChOd slit est Orked Exhibit "A" which by reference herein is made a part hopeof ) and is illustrated on the attNuhpd drawing marked Exhibit -B- (which by reference herein is made a P" UT h, r""f ) : See attached Exhibits "A" and "B" AUNFrOHE, POKLiUn, CP pray that said lands be vNuawd as herein rc-- qu( si Pd and described and Lhat the City Counci I of the City of Tirard , Cfk -h , kxja,dite prnccedinSs to that end as provided by law. Val) 1 Book--, Z Tax L"nj Pat( = Lo 0,q412-A(Ae- 96 TO: - THE BONORABLE MAYOR iD CiTY COUNCIL City of Tigard County of Washington State of Oregon In the `'.'iter of the vacation of lands described as : That portion of that 30 foot road) adjacent to the West boundary of PETITION FOR VACATION Lots 21 , 22 , and 23 , Fanno Creek Acre Tracts , in Section 12 , Townskip 2 , Range I West , of the Willamette Meridian, in Washington County, Oregon. Petitioners hereby request that the hereinbelow described area be vacated , for the fo) lowing described reason(s) : -To_enh anc q_y ht_b taut y—of-tha-genexad—asea-t hrough- landscaping. ---­ To provide off street parking. To reduc..- -rpa-d hazards by providing_ -off_,,trent—park-ing t14,-7Li,6-ts-2-1, -22 and 23 are developed. Petitioner owns land -Qa-East_ side _of-dedivated­-xoad-.----Said -ro-a-d-vannot cross tracks and selves no ysefu�hpu�R -( s) or the contract purchaser( s ) Vis, . ep ( 1 ) That the n�Y-7 � ie is in ac r of the indicateC vinpa, ( 2 ) That the uncap toed o"pre sent tracts in or adjacent to the affecced area as hureinbelo" descrioed . ( 3 ) That the cost of, this vacation is to be borne by the benefited prop-- erties and in respect L4crevo respectfully show: That the area propuned hereby to be vacated by the aformentioned "An(�Qpur( &Nsers cl ,Apr isys approximately 53 icres , and is legally 0scrib"d hereinbelow (or on the attached sheet marked Exhibit "A" which by reference herein is made a part hereof ) and is illustrated on the attached drnwing marked Exhibit "B- (which by reference herein is made a pNri hiro"f ) : See attached Exhibits "A" and "B" hHhHHURE, poiiiioncrs pray that said lands be vacated as herein rc- qu( strd and described and that the City Council of the City of Tigard , Crown , cxpodite proceedings to that end as provided by law. i nN 1 Uri 'Addre4s Map # Book--- 2 2,Z Tax foot# Pane:" 12S1 12D i DV< 7-.,e- ;Z e00 I 9°.�g, 7 A unt Moire Southey Transportation Co. e'-s- 0 S. W.re, Pacifid Bldg. , Portland. Qrea, 972QI j: QQ '' / Zjf f J 7oo 7w � O-i(J-1 TO: . THE HONORABLE MAYOR 11) CITY COUNCIL City of Tigard County of Washington State of Oregon In the Natter of the vacation of lands described as : That portion of that 30 foot road) adjacent to the West boundary of PETITION FOR VACATION Lots 21 , 22 , and 23 , Fanno Creek Acre Tracts , in Section 12 , Townskip 2 , Range I West , of the WillamettT Meridian, in Washington County, Oregon. Petitioners hereby request that the hereinbelow described area be vacated , for the following described rcason(s) : Toenhance-,,the-beauty --through-landscapingv­­ _--o f__th a--gane-s-al--axna To provide off street parking. -To reduce_roaf hazards by providing., off--strent-dark-ing W,-?LL4ts---2-1-,-22 and 23 are developed. Petitioner owns land -oa-East,side of-dedinated-Toad, -Said-oaad -cannot cross tracks and seNves no use ( 1 ) That the Av i ar— `+ W , s in I actulhOuIRIVII s) or the contract purchaser( s ) of the indicat& vinya. .y( s) . ( 2 ) That the uQ3rwfg"od r4present tracts in or adjacent to the affeuie ', area as hureinbelow Ou"cribed . ( 3) That the cost of, Lhis vacation is to be borne by the benefited prop- erties and in respect zherevo respectfully show: That the area pioposed hereby to be vacated by the aformentioned iwn(ws/pur( hNners ccwiprisus approximately acres , and is lugaply 0surib"d htoeinbelow (or on the attached sheet marked Exhibit "A" which by reference herein is made a part hereof ) and is illustrated on the att,Nchwd drAwing marked Exhibit "B" (which by reference herein is made a part Afra"M See attached Exhibits "A" and "B" "HEPHURE, paiDionars pray that said lands be vacated as herein rc­ qu( stud and described and that the City Council of the City of Tigard , Orcvnn ' (,,xpedile proceedings to that end as provided by law. Map # Book-, lax Lot# Paz&-- L51 ! Roy Hoffarber f '�ax Lot 70 d' 12005 SW Hall Blvd, Ti anrrij A�'CN --- I Gene L. Garoutte "S1 12 A. 6 V/ 14835 SW 72nd /to) - APIK,llen P. Crombie Sl 12 A. 6Y/ j14835 S. W. 72nd 1 �.. 2/ex , I Ace Electric Co. 2SI 12 A 2/0 -e 4 /<k 114795 S.W. 72nd T j Taylaf/ TO: HONORABLE' .MAS GR CITY (_'0UN(__'fL City of T,ig�it'd Omnty of Mt I.-Iillglcm State of In 111c, "%"Lter of the ' of 1rinds flat t portion of that 30 foot road) -djacont to the West boundary of I FOR VACATION ,ots 21 , 22 , and 23 , Fanno Creek ,cre Tracts , in Section 12 , Towns4ip Range I West , of tine Willamette ioridi,111 , in Washington County, )regoll. pet ition( rs il(:Cc�iillwloft' dc­icrihed 1,0 OAT for thu To enhance. thobc-aay. oE the general arca- throuoh landscaping. To provide off street parking . 0 To reduce road hazards by providing off - street, parking 0 1- ots- 21 , 22 and 23 arc developed. Petitioner mens land on,_ Last side of- dedicated road.- Said road cannot cross tracks and se,vvos 110 ) ) .c I t 1 e 1 1 t'a(I ""t I'C",I of tile L "C `i'llal li (' �a.At in or ad to ('I'le a r C"I S h u I'e ( 3) Th a 1, the co-,t nC, va,_,ai.ion icy to Llc by the, benefj !,,�cj 1 t 1 1 J_)\7f i C x1 i 1 L I v 0 5�'i 11 d i 1 v v i 1), A hwi-einbelow (or oil t i I 'IL .L2Ichcqj wil ck("d i) i b:i t A" w,h i. I I hy herein is made a part lhc�,,eof ) ;, t-ld j ,� (11­z'Ong lm-' rked Exhibit ''13" (which 1)y t'(1, rf-,f,(,n(_,,(, See attached Exhibits "A" and "B" that "�I -id lit)(is U k. L i, L i _;iP Cl� T11i I �'d tmd I,,-.d <zlid Lhe City counc-i j of, the Ci i,.c of T f-:..'!-d C (I 11 S 41.h -t 1 s proi v d e d by 1 ,,v ,i i x i i,;-7 Chart j2SI 12 A Roy A Eldrid ,e �r Page K /Natkin CO .................. n Tigard, i reg. ''TO: . THE liONORABLE MAYOR !D CITY COUNCIL City of Tigard County of Washington State of Oregon In the Matter of the vacation of lands described as : That portion of that 30 foot road) adjacent to the West boundary of PETITION FOR VACATION, Lots 21 , 22 , and 23 , Fanno Creek Acre Tracts , in Section 12 , Townslip 2 , Range 1 West , of the WillamettT Meridian, in Washington County, Oregon. Petitioners her"by request that the hereinbelow described area be vacated , fur the following described reason(s) : -Joenhance the -en-e r-ad-ax-e a---th-r-o-ugh- landscapingi-­ To provide off street parking. -To reduce,-road hazards by p rovi ding-o f f-,trent-parking and 23 are developed. Petitioner owns, land -on-Mst site of-dedioat ed-Toad— -Said-raad--canno t gross tracks and serves ( 1 ) chat the n,- arQQ1JJ is 001, WINI)PUV(Meq-'( s) or the contract purchaver( s ) of the indicateC pinpo. vy(s ) . ( 2) That the uDu�rslg"ed rapresent tracts in or adjacent to the affectod area as hureinbelow &Qscribed . ( 3) That the cost of,. this vacation is to be borne by the benefited prop-- erties and in respect rherew respectfully show: That the area piopo,;Pd hereby to be vacated by the alormentioned r, unprises appr"ximately _§,51, acres , and is legally dtscribod h(zeinbelow (or on the attached sheet marked Exhibit "A" which by reference herein is made a part hereof ) and is illustrated on the attached driwing marked Exhibit "B" (which by reference herein is made a part hfr""f ) : See attached Exhibits "A" and "B" "HtEQURE, ;Jai iiioncrs pray that said lands be vacaLed as herein rc-- qutstod and described and that the City Council of the City of Tigard , OwnKon , exp"dite proceedings to that end as provided by law. Address Map # Boo& Tax riot= Pazcv Viola Hubbard2S1 12D 414- -15 1,1.5 S W 7 4 lax Lot -211 C. A ubbaTd 2S1 12D 414 1 0001 AS11S SW 71th Tigard , QrP_ Tny Ent Elizabeth J Dobson 12S1 12 A Z3& 14645 SW 74 Tigard, Oreg. 'T? I COO 14645 SW 74 Ti and Or L -�_ �' Esther Hoffarber Sl 12 D 12005 SW Hall B11d Ji .n.08i.lot LEGAL FOR ROAD VACATION GY L> That portion of that 30 foot road adjacent to the West Boundary of Lots 21 , 22 , and 23 , FANNO CREEK ACRE TRACTS , a duly recorded subdivisionir�Section 12 , Township 2 South, Range 1 West , 410006 Willam- ette Meridian , 00 Washington County, Oregon. - - - - - ' ItA . fo '&Y f f � title insurance e F3cave,-ton Office WASHINGTON COUNTY OFFICES scrow$ 12012 S.b'Y.Canyon Road Beaverton,Oregon 97005 Mdp Hillsboro Office Phone 646.81$1 451 S.E. First Avenue scale Hillsboro,Oregon 97123 Phone 640.1736 M r ZS- -0 S-0 70 _ t�s E't'I-,;fid. .0 .4c.. ;a $880 59,w ' _0 31.4 7 73es VIES7 583 230 rlG9°46'; Bt,J IV) t A 709.46 flEG.iht C.R. 736 ---�- -r_•.1 ERtf. 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