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CITY OF TIGARD, OREGON
ORDINANCE No. 78-,,2u
AN ORDINANCE VACATING A PORTION OF GRAHAILQCRES_,^A PLAT OF RECORD, LYING WITHIN THE
CITY OF TIGARD, WASHINGTON,COUNTY, OREGON.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that Resolution No. 78-10 was adopted by the Council
on February 13, 1978, relating to the vacation of the hereinafter described
plat known as Graham Acres and that a public hearing was thereby called to be held
on March 27, 1978, and that notice of said hearing was given as required by Chapter
271.080 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
an larch 27, J'978, 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, and the Council further considered all objections thereto.
Section 3: The Council further finds that a majority of the owners of the area
affected by sad proposed vacation, computed on the basis provided
in Chapter 271.080 ORS, did not object thereto in writing and that owners affected
thereby did, in fact, favor the vacation of said area; and the Council finds that
said vacation will not substantially affect the market value of any abutting
property.
Section 4: The Council further finds that the public interest will not be
prejudiced by the vacation of the hereinafter described lands 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 Graham Acres, a plat of record,
and the same is hereby vacated.
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. 78- ,,?p
.r
Section 8: This ordinance shall be effective on and after the 31st day after its
enactment by the City Council and approval by theaer�
PASSED: By uk),Lt""Zi0et5 vote of all Council members present, after
being read two times by number and title only, this .27 day o£'
o-,-c- 1978.
, 1978.
City Recorder
APPROVED: By the Mayor, this _? :Z day of lgo-oc I , 1978.
/vrLs.'J6n� a7� �uc�nc%
PAGE 2
ORDINANCE No. 78- ,_?,_)
EXHIBIT "A"
That portion of land in Section 35, Township 1 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, being more particularly described as follows:
Lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 24, 31, 32, 33, 34 and 35 of
GRAHAM ACRES, a plat of record in said County; , Excepting therefrom all portions
conveyed to the State of Oregon thru the Highway Commission in Book 458 on Page 258,
Book 459 on Page 237, and Book 450 on Page 126, Deed Records of said County.
ORDINANCE No, 78--
STATE OF OREGON
Cit_ of Tigard )
? , DORIS HARTIG, hereby certify that I am the duly
app.:-inted, qualified, and acting Recorder of the City of Tigard,
Or exon.
I further certify that I have compared the herewith
copy of Ordinance No. 78-20 of the Citv 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
t,rar.scri_pI of the whole of Ordinance No. 78-20
'N WITNESS V :PEREOF I have hereunto set my hand and the
seal the City of Tigard this 7th day of April
City Rec rde
STATE OF OREGON
County of Washington SS
Roger Thomssen, Director of
Rd
In4d Electins and Ex-Officio 'Recorder ofecorcons
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in, book of records-
No.
of said County
Witness my hand and seal affixed.
ROGER THOMSSEN, 'Director of
JNDEXEU Records & Elections
78 1"36 Deputy
aP� i Z 0 14 '?
a.3 3 97
WASHINGTON CC"NTY
DEPT. OF RECORDS & ELECTIONS
Room 104 Administration Bldg.
Hillsboro, Oregon 97123
Phone (503) 648-8891 V
CASE NO. DATE 19 a
RECEIVED OF `
ITEM
CASH CHECK AMOUNT
COMPLAINT
ANSWER
PROBATE
MARRIAGE
LIENS
COPIES
TRIAL & REPORTER
v / y
TOTAL AMOUNT
5476 Received By:
April 25, 1978
Donald E. Pollock Investments
10211 S.W. bar-bur Blvd.
Portland, Oregon 97219
Reference: Graham Acres Plat Vacation
Gentlement
Enclosed is a check ja the amount of $49.70 which is refunding your
deposit for the above noted vacation procedings.
Following is an itemized listing of the expenses incurred for this
matter.
Deposit $100.00
Tigard Times Publication -36,80
Recording Fees -13.50
Total Expenses 50.30
Total of Refund S 49.70
If you have any questions regarding this matter, please contact me.
Sincerely,
Doris Hartig
City Regorder.
/br
Encl.
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Mr,lti Y4Ffti{M..
April 7, 1978
Roger Thomsen
Washington County Courthouse
150 N. First
Hillsboro, OR 97123
Dear Mr. Thomssen:
Enclosed is a check in the amount of $13. 50 to cover the
charges for recording; and the surveyors fee for the fol-
lowing document:
Ordinance - Graham Acres Subdivition Plat Vacation
Thank you for your assistance with this matter.
Sincerely,
Doris Hartig
DH/pj r City Recorder
cc: Dept. of Revenue and Taxation
Dept. of Public Works
(9) dcny appeal
adding rho co-ditjok tLa' not 5 — than 120 day,,i
ac r qui k t r. - 40 d 01 , aidillold! legn lo he chargQ
for wn"I 1 z 00-1 [� � Gf all 1rovions TnStLMc"'',
hp Tads ny" i Ohl : V jhdir, ; �n 0, wrli ns tlaMc
signal t kt 4-tior 0 : Any to Q rnon.,
ApprovEd upar;w i
17 , FIAT VACA110,'N
Rw
7e ' en by 3o 1 1 inn �nwn an Graha-��
Acres V the C . . . V ! ! ! laid, w - V L la:YA located SW Hlghw,
SW Marea-mi s, wr . , f �j - ;! i
Kaci, g ty.n
Licr
KI NAL: Me djpEarEd Q 40 QV,rd
(a) Plarring Kpar!rvft rt: v � &-drj
Q) PUKT � nVal .ag Qw,vd,
M cornicersKu of
(g) ORDINANCE No. 0 10 AN ORPI%?VA FORT SON Of GRAHAM ACRES A FLAT
OF ISE(ORDY LY47 WITPIN THE CITY OF TIGARD, WASHINGTON
(h) Motior ON C-uncivy, Cqrp , hy " Yn ! 'Tar Sahockla. to adopt Ordinance
No , V-20,
Approwed ly 254nhMums 10 e f C-cq( il pro-y"l ,
18, RECONSIDERATION (I ITEM 05 :0' " , TPr Y& LSA Addendum Lo coLtracK
(a ) Legal Courst! row :ywcd ! ,' Orjund rt this cocoracn,
(b) City AdnLrisrinor Pofj. , c7d, j 00111 9 actioncQ Lhis rqtr er j-
TDC renp{:rds, Wgsl Cow OL x. F - Q repar? to council .
(c) Motion by K Qn-& !ww cook to tahle ,
Approved by unailTuu , Nn �j
Ln, OTHER
(a) Clarifi -wi , of sawer lines by Ehe Ciry t...-)
areas unk - ,& Eho ( , =r t, yb:
K such 1- i lrvf ,
Legal Cvws� ! sulilcivo Wvjilcat :w : rnr rK Acorney
Office, OtPlirs at ! CA K-es ortwide th, My must u
approved yj rye K 0 �1 i y
PAGE 5 - COUNCIL MINFTps Var�h
- $Z36
CITY OF TIGARD, OREGON
AFFIDAVIT (if, PUBLICATION "NOTICE OF PUBLIC HEARING
On proposed vacation of a portion of
STATE OF OREGON, I
the plat known as Graham Acres in the
COUNTY OF WASHINGTON, ss. City of Tigard, Washington County,
Oregon.
Pursuant to resolution of the City
Council of Tigard adopted February 13,
Joseph-Schafer--- ---------- ---------------------- ___------ --------------------- 1978 under authority of Chapter
271,080 Oregon Revised Statutes, a
being first duly sworn, depose and say that I am the publisher -.._ _ public hearing will be held by the
Council of Tigard at 8:00 p.m. on Mon-
of The Tigard Times, a newspaper of general circulation, as defined day, March 27, 1978 at Fowler Jr. High
School Lecture Room, 10865 SW Wal-
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and nut Street, Tigard, Oregon, with
spect to the proposed vacation of the
descr
ed
at in the
state; that the legal notice, a printed copy of which is hereto annexed, was followingdashington County, Oregon.of
Tigard, g
EXHIBIT "A"
published in the entire issue of said newspaper for -----------c`1.__----------- successive and That portion of land in Section 35,
Township 1 South,Range 1 West,Wil-
consecutive weeks in the following issues ._.._.-------------------------------- ----------------------_-____-.-_ lamette Meridian,Washington County,
February 22 and March 1, 8) 15 & 22 , 1978 Oregon, being more particularly
-------------------------------------------------------------•- --------------••••-••--............................ --•- •----------------- described as follows:
Lots 10, 11, 12, 13, 14, 15, 16, 17, 1 , .
__•_--,-_--�___- -__-"_ �____,_ __--. -_- _.. 19, 20, 21, 24, 31, 32, 33, 34, and 35 of
GRAHAM ACRES, a plat of record in
said County; Excepting therefrom all
23rd portions conveyed to the State of Ore-
Subscribed and sworn to before me this ___________________._._._--.-.____ day of _-_._._--- gon thru the Highway Commission in
Book 458 on Page 258, Book 459 on
March 78 Page 237, and Book 450 on Page 126,
---------------------------- 19-------
Deed Records of said County.
` Any objections or remonstrances
- --=
against said proposal to vacate said
--------
" -"-""•-"""-"-------- areas may be made in writing and filed
Notary Pub of Oregon
r with the City Recorder prior to the date
I/ c� of the hearing, and all objections filed
My commission expires ............... .......... .....Cl_......... 19_�__J. 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 Ti-
i AFFIDAVIT OF POSTING
In the Matter of the Proposed
Vacation of a portion of Graham Acres, a recorded plat
STATE OF OREGON }
County of Washington) ss.
City of Tigard }
I, Robert Thompson being first duly sworn, on
oath depose and say:
That I posted in the following public and conspicuous places, a
copy of Notice of Public Hearing of the Graham Acres plat. vacation
a copy of said notice being
hereto attached and be reference made a part hereof, on the 22 day of
February , 19 78 . '
1. At the NW corner of lot 24 of the Graham Acres plat, a recorded
plat in Washington County, Oregon, on a stake set in the ground.
2. On the fir tree approximately 3 feet in diameter at the SE corner
of lot 14 of the Graham Acres plat a recorded plat in Washington
County, Oregon.
3. On a six inch diameter tree at the SE corner of lot 13 of Grahafn
Acres plat a recorded plat in Washington County, Oregon.
4. On a six inch diameter tree at the NE corner of lot 12 of the Graham
Acres plat, a recorded plat in Washington County, Oregon.
Subscribed and sworn to beforX.-otary
d �yo0 arch -
CAA
19 78--. Z
7
Public for Oregon
Affidavit of Posting My Commission Expires: 11-06-81
CITY OF TIGARD
CITY OF TIGARD, OREGON
NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF A PORTION OF THE PLAT KNOWN AS GRAHAM ACRES
IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
Pursuant to resolution of the City Council of Tigard adopted
February 13 , 1978 under authority of Chapter 271. 080
Oregon Revised Statutes, a public hearing will be held by the Council
of Tigard at 8 :00 P.M. on Monday, "larch 27, 1978 at _Fowler Jr. High
School Lecture Room, 10865 SW Walnut Street, Tigard, Oregon, with
respect to the proposed vacation of the following described plat
in the 'City of Tigard, Washington County , Oregon.
EXHIBIT "A"
That portion of land in Section 35, Township 1 South, Range
1 West, Willamette Meridian, Washington County; Oregon,
being more particularly described as follows ;
Lots 10, 11, 12, 13, 14, 15, 16, 17, 18 , 19, 20, 215 24,
31, 32, 33, 34 and 35 of GRAHAM ACRES, a plat of record in
said County; Excepting therefrom all portions conveyed
to the State of Oregon thru the Highway Commission in Book
458 on Page 258, Book 459 on Page 237, and Book 450 on
Page 126, Deed Records of said County.
Any objections or remonstrances against said proposal to vacate
said areas may be made in writing and filed with the City Recorder
prior to the date of the hearing, and all objections filed prior
to the date of hearing will be heard and considered, and any person
having an interest in the proposal may likewise verbally be heard
at said time and place.
By order of the City Council of Tigard, this rtday of FPh 1978
Doris Hartig, City Recorder
TT Publish Feb. 22 .March 'Q . 1 5 r 22 , 1976
CITY OF TIGARD, OREGON ` � e
RESOLUTION No. 78 i,
A RESOLUTION CONCERNING VACATION OF A PORTION OF GRAHAM ACRES, A
PLAT OF RECORD LYING WITHIN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON
WHEREAS, . the area described on the attached sheet headed
"Exhibit A, " and by this reference made a part hereof, is a portion
of a plat known as Graham Acres, within the corporate boundaries
of the City of Tigard, Washington County, Oregon; and
WHEREAS, said described portion of plat does not serve a
public purpose and will be better served by bringing the entire
property into one block; one Tax Lot; and one legal description;
and
WHEREAS, it appears to be in the public interest that the
said area be vacated and made available for development and use;
and
WHEREAS, pursuant to Chapter 271. 080 ORS, the property
owner has petitioned for the initiation of vacation proceedings
as authorized in Chapter 271 ORS.
NOW, THEREFORE ,
BE IT RESOLVED by the City of Tigard, as follows :
(1) "That the public hearing is hereby call to be held
by the City Council of Tigard on Monday; March 27,
1978 , at 8 : 00 P.M. at Fowler Jr. High School, Lecture
Room, 10865 S.W. Walnut within the City of Tigard, at
which time and place the Council shall hear any ob-
jections 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 22nd day of
February 1978 and once each week thereafter for five
publishings in all .
(3) "That the particular portion of dedicated areas prop-
osed to be vacated is described on the attached sheet
headed "Exhibit All and by this reference made a part
hereof. "
PASSED by Council on theda of
f Y _ ��= ., ru_gaG , 1978
Mayor
ATTEST :
ecorder
Resolution No. 78-/0
rd
"EXHIBIT All
That portion of land in Section 35, Township 1 South, Range 1
West , Willamette Meridian, Washington County, Oregon , being
more particularly ' described as follows :
Lo-GS 10, 11 , 12, 13, 14, 15, 16, 17 , 18, 19, 20, 21 ,
24, 31 , 32, 33, 34 and 35 of GRAHAM ACRES , a plat of record
in said County ; Excepting therefrom all, portions conveyed` to' the
State of Oregon thru the Highway Commission in Book 458 on Page
258 , Book 459 on Page 237, and Book 450 on Page 126, Deed Records
of said County.
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BEFORE THE CITY COUNCIL
OF THE CITY OF TIGARD, OREGON
In the Matter of the Vacation of
a Portion of the Plat Known as Graham Acres
TO: THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON:
Petitioner respectfully petitions the City Council of the City of
Tigard, Oregon, for an order vacating that portion of the plat known as
Graham Acres lying within the city limits of the City of Tigard, and more
particularly described in Exhibit "A" attached hereto, and by this reference
made a part here of.
The proposed development of the property will be better served by
bringing the entire property into one block and one tax lot and one legal
description.
The petitioner is the deed holder or contract purchaser of all
property included within the boundaries of the part of the plat proposed to
be vacated, and if the vacation is approved, the petitioner will re-survey the
entire property for one legal description and tax lot number.
The undersigned petitioner is the sole petitioner representating
the entire ownership of the real property affected and represents 1000% of the
required consent of owners.
DATED this day of J i✓. c '9 ,v' 1978.
Petitioner , Donald E. Pollock
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EXHIBIT A-1
That part of Graham Acres described as follows ;
Lots 10, 11 , 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 , 24, 31 , 32, 33,
34, and 35 excepting all portions conveyed to the State of Oregon thru
the Highway Commission at Book 458, Page 258; Book 459, Page 237; Book
450, Page 126; Records of Washington County, Oregon.