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
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