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80-021256 ~ Morning Hill Drive v CITY OF TIGARD, OREGON O ` 5 6c ORDINANCE No. 80- L{g AN ORDINANCE VACATING A TRACT OF LAND IN MORNING HILL SUBDIVISION, IN THE CITY ` OF TIGARD, WASHINGTON COUNTY, OREGON, RECORDING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: o� r Section 1: The Council finds that a resolution was adopted by the Council on \ April 28, 1980, relating to the vacation of the hereinafter described easement and that a public hearing was thereby called to be held on June 9, 1980, and that notice of said hearing was given as requested 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 June 9, 1980, 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 Gouncil further considered all objections thereto. Section 3: The Council further finds that a majority of the owners of the area affected by said proposed vacation, computed on the basis provided in Chapter 271.080 O.R.S. , did not object thereto in writing and that all owners affected thereby did, in fact, favor the vacation of said area; and the Council finds that said vacation will not substantially affect the market value of any abutting property. Section 4: The Council further finds that the public interest will not be prejudiced by the vacation of the hereinafter described easement and that the said lands are not useful as part of the public street, utility or road system of the City of Tigard and that it is in the public interest that said vacation be approved. Section 5: The following described portion of said lot easement in Turning Hill Subdivision is hereby vacated and discontinued as public ways: A tract of land being a portion of Lot 7 "Morning Hill", a duly recorded subdivision in S.E. quarter, section 33, TIS, R1W, W.M: , City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a point on the south line of a 15 foot wide sanitary scwc r easement that is south 1035'57" west, 15.23 feet and south 78023`34" east, 47.25 feet from the northwest corner of said Lot 7; thence continuing along the south line of said sewer easement, south 78023'34" east, 6.56 feet; thence north 11001'35" west, 2.52 feet; thence south 78u58'25" west, 6.05 feet to the point of beginning. Section 6: That the City Recorder be, and she is hereby authorized and directed to have certified copy of this ordinance filed for record with the following Washington County departments: 1. Department of Records & Elections 2. . Department of Revenue and Taxation - Attr.: LI->-sess;;r 3. Department of Public Works - Attn: County Surveyor All as required by Chapter 271.150 ORS nkat\!nurF nJn . Rn_ 41� / G/ Section 7: This ordinance shall be effective on and after the 31st day after its enactment by the City Council, and approval by the Mayor. PASSED: By C,rtnar);rrrzc5 vote of all Council members present, after being read two times by number and title only, this day of 1980. Recorder — City o Tigard/— APPROVED: By the Mayor, this day of 1980. z r - o F Tigard STATE OF OREGON County of Washington SS CITY OF TIGARD I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances . veyances for saiu ont;i�.y ., +s i ..,�. , 12424 S.W. MAIN the within instrument cf -w, P.O. BOX 233 and recorded in book of records of said oovr:{. TIGARD, OR. 97223 ROGER TNOMSSEN, Director of _h Records & Elections PAGE 2 '��+- ORDINANCE. No. SO- q9 INIDEXEC" 101 1986 JUK 17 Pm 12: 00 August 8, 1930 Wedgewood Hoines 9055 SW Bvtn./Hillsdale Ilwy, Beaverton, Ore.t',on 9Z005 Fnelosed is a check it) the amount of $19.30 as refund for your request of varatios for an easamnt in 1rning Hills Subdivision. The costs were as follows: Depositt $100.00 Publ--*c- 9otice $43.20 Recording Vee 47.30 (90.70) Tol'al. Ome $ 19.30 Also enclosed is a co,,,),; of the recorded ordinance vacating, the ease ent in quest io',.,. If you h any questiors regardinj,, this matter, 1-lease contact boreen Wilson at 639-4171. Sincerely, Doris HartiA City Recorder IN Fn c. Aw, ITCt 1. {j3a 14WIt tl ' f ' �y' .''f.. .. .. (b) RESOLUTION No. 80--48 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINT- MENTS TO THE PARK BOARD. (Elisabeth Golden - 12/31/82; Hiram Fitzpatrick 12/31/83; & Ron Jordon - 12/31/83) (1) Motion by Councilman Scheckla, seconded by Councilman Cook to adopt. Approved by unanimous vote of Council. (c) RESOLUTION No. 80-49 A RESOLUTION OF THE TIGARD CITY COUi`;CIL MAKING AN APPOINT11ENT TO THE LIBRARY BOARD. (Walter Munhall - 6/30/82) (1) Motion by Councilwoman Stimler, seconded by Councilman Brian to adopt. Approved by unanimous vote of Council. (d) RESOLUTION No. 80-50 A RESOLUTIONI OF THE TIGARD CITY COUL;CIL P A--KING APPOINT- BENTS TO THE LIBRARY BOARD. (Madalyn Utz - 6/30/84 and Roger Pitsinger - 6/30/84). Both terms to become effective July 1, 1980. (1) Motion by Councilwoman Stimler, seconded by Councilman Cook to adopt. Approved by unanimous vote of Council. 8:00 P.M. PUBLIC HEARINGS OPENED 20. MORNING HILL SUBDIVISION SIDE LOT EASEM—E—NT VACATION REQUEST (a) Public Hearing Opened (b) Director of Public Works gave brief synopsis of history of project. (c) Public Testimony No one appeared to speak. (d) Director of Public Works recommended approval. (e) Public Hearing Closed (f) ORDINANCE No. 80-84 AN ORDINANCE VACATING A TRACT OF LAND IN MORNING HILL SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY', OREGON, RECORDING AN EFFECTIVE DATE, (g) Motion by Councilman Cook, seconded by Councilman Stimler to adopt. Approved by 'mous vote of Council. 21. ZONE CHANGE ANNEXATION - ZCA 15-80 (Hillview/104th Avenue) Nku #1 An ordinance adopting findings with respect to an amendment to the 1970 zoning map of the City of Tigard to conform with the Tigard Comprehensive Plan as PAGE 5 - REGULAR MEETING MINUTES - June 9, 1930 _ $43. 20 AFFIDAVIT OF PUBLICATION °H' STATE OF OREGON, ! },� COUNTY OF WASHINGTON, } ss. SO 0 ' Joseph SchaferORW ' 6j fi �as beingfirst duly sworn, de - C � pose and say that I am the g newspaper g - - - -- 27I.13W } _.- of The Tigard Times, a news a er of eneralbc circulation, as defined �ii� �� P a4ag_ �,b ?1 by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and ' ,$ i meq, g p copy of which is hereto annexed, was School, '_Le440r'!II state; that the legal notice, a rioted co m P - Walnut stdZ&-i or published in the entire issue of said newspaper for __.-.- successive and 1e5PCCt to t1, , opos tt , part of the'fai i consecutive weeks in the following issues -------- -- ---- _ -_.. ._ .._-_...-..----. Sanitary SO** e4jk*-e`#tE ' Hilt Subdivwd •it4 the h _ - May 7, 14 21 & 28 and June 4, 1980 WashibgtQa -------------------- -.... -- - t 1 f gna a ( ' Subscribed and sworn to before me this --_12th _ day of _-_..__.-. 7 C t' t �4 Su - - June zo T1S, Waah;xigtoo boy More srti n , Notary Public of 6regonline of a I r$lAl1 t oot� r t My commission expires --------------._. easement-------.__- ._-.__._. 19 18 15,2 � €ftt ,and 47,25 feet€0n)the� sakd fat.��th8nce a At sou € said sa 78° ' 44"-. ,• ; njotesthi the a likewise verbill be'h Y end and place 777 By `d or'4f tb Clt AFFIDAVIT OF POSTING Tigard'this by " 1 (rr 451$' Pub�a ► � , In the Matter of the Proposed June, Vacation of a part of a certain side lot easement in Morning Hill Subdiv. 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 Public Hearing Notice for the Vacation of apart of a certain side lot Easement inMornin H ll $ bdiv, P a cop o saiud notice being hereto attached and be reference made a part hereof, on the 6 day of May , 1980 . 1. I placed a copy on each corner of the 15 foot easement on Lot 7 of the Morning Hill No. 1, totaling four (4) . Subscribed and sworn to before me t sday of , 19<�LL. ` Notary Public for Oregon Affidavit of Posting My Commission Expires: 9/-0(o � CITY OF TIGARD J µ � Ga , S . NOTICE OF PUBLIC HEARING ON PROPOSED ACATI A PART OF A CERTAIN SIDE LOT EASEMENT IN 14ORNING HILL SUBDIVISION IN THE CITY IGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution of the City Council of Tigard adopted April 28, 1980, under authority of Chapter, 271.130 Oregon Revised Statutes, a public hearing will be held by the Council of Tigard at 8:00 P.M. on Monday, June 9, 1980, at Fowler Junior High School, Lecture Room, 10865 SW Walnut Street, Tigard, Oregon, with respect to the proposed vacation of a part of the following described existing sanitary sewer easement in Morning Hill Subdivision in the City of Tigard, Washington County, Oregon. EXHIBIT "B" AREA TO BE VACATED: A tract of land being a portion of Lot 7 "Morning Hill", a duly recorded subdivision in S.E. quarter, section 33, T1S, R1W, W.M. , City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a point on the south line of a 15 foot wide sanitary sewer easement that is south 1035 '57" west, 15.23 feet and south 78023'34" east, 47.25 feet from the north- west corner of said Lot 7; thence continuing along the south line of said sewer easement, south 7802334" east, 6.56 feet; thence north 11001'35" west, 2.52 feet; thence south 78058'25" west, 6.05 feet to the point of beginning. 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 persons 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 28th day of April 1980. r; City_9e7&0 ecor er TT Publish May 7, 14, 21, 28 and June 4, 1980. J C,1T,/ OF T lCAF�D j.3uF-..)V2V2D 5Y GIMT 42F> alt 1978 OC.TC)EE� 3' t sAIL_ J�L71 t,,iT T»�-T- I' Go.<�o' ..-r10) _ ! ' rca� i�.00 y 1 •ESZ }' __h_a.Qe_ _�9 S� -� G�?y . ' 53 T' 5Z 9! m S a 49 848a$47� 04b°045° ``'44lz �I f 1.45 P w O ?10( 3lb! 75.00 Z 77.415 z Z 13.45t� 50.00 �•Oo ? 1 �a _ ,. z.00l�illG O W S 88 do•5.i �T®o�� 2• ��3�N c or 3 3?rol 11�p ^ 3 lOp•� 56�9� ' �� G>� gs�.50 4S.G 3 C I 0 4 p MVV Q 9 - _v� �S� 27 �$ - 320:00 t.1 >'40' �- 4a•.r ti� %�• �A I 6.� tow 4-1 Ln 3� b , IGATC p N .rrT 0 !1t.�G ( T DULY '� T'1 i� r�C"C�7 1�ltC71�1 - @Q _5jo• _0 0 lc to 15.19 .�'�.L.D ����i�!�'�G�r� °_ �4•'tq;s/'�l fn °� C1� q � 1 (02?33 s 00 AND FOR 7 Z sa.50 � Z 1pltom'/r 14 715.00 b 0� ���ff 1� �� 49y� 0 1 J I QeZy 4- GG7'F��1�.1- v amu►.�—i-Y' 8 3%; � . � I Z4. Na Q ` �Y "�TNTC N©p,T}--1 c� � 'mss 4 K 1 4z., Ala_ _rC T �� V Coo-22 N(0 SZ -w 31:73 ` f�IO�,T --1 ItVE' O S 18 11J �� ��� �, l �.DC7 9' ass .�' x'19 o'�ZEN f.5+ ,� � co �- 4 63. Z G r'OCTC� L►' 7117�� C 1JL2 V -TI Ln �� rte-iG l"GT; 'T4•--i�'CNGC� ,�V a '�N tJ8N �tGT; `Tl-Zti 3�1C � h 1 t �,� ii �1"L-1rLT�S�CL r �,lr v11x� �J77a`� .3��' r-- CITY OF TIGARD, OREGON RESOLUTION No. 80-- A RESOLUTION CONCERNING VACATION OF A PART OF A CERTAIN SIDE LOT EASEMENT IN MORNING HILL SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the area illustrated on the attached sheet headed "Exhibit A", and by this reference made a part hereof, consists of a portion of an existing 15 foot wide side lot easement dedicated to the public for sanitary sewer •p&rposes.' in Morning Hill Subdivision, within the corporate boundaries of the City of Tigard, Washington County, Oregon; and WHEREAS, a home was constructed which encroaches upon the easement about 2.52 feet; and WHEREAS, it appears to be in the public interest that the area described on the attached sheet headed "Exhibit B", and by this reference made a part hereof, be vacated and made available for the home located thereon. WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners have petitioned for the initiation of vacation proceedings as authorized in Chapter 271 ORS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIGARD AS FOLLOWS: Section 1: "That the public hearing is hereby called to be held by the City Council of Tigard on Monday, June 9, 1980 at 8:00 P.M. at Fowler Junior High School, Lecture Room, 10865 SW Walnut within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said easements . Section 2: "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 7th of May, 1980 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 Recorder shall post a copy of said notice in at lease two (2) conspicuous places within the area(s) proposed to be vacation, all of said postings to be accomplished within the time herein stated. Section 3: "That the particular portion of dedicated area proposed to be vacated is described on the attached sheet headed "Exhibit B" and by this reference made a part hereof." PASSED: By Council on this $ day of f 1,380. ATTEST: Mayor Recorder ;SOLD ON No. 80-33 yam,, {�i t " ' 7. STREET DEDICATION: ACCEPT AND RECORD . McCoy Property - 98th Avenue (MLP 22-79) • McCoy Property - Kimberly Drive (MLP 22-79) • Nadrau/Andre's Auto Body--72nd Avenue (SDR 4-80) (a) Motion by Councilman Brian, seconded by Councilman Scheckla to accept and record. Approved by unanimous vote of Council. 8. RESOLUTION No. 80-33 A RESOLUTION CONCERNING VACATION OF A CERTAIN SIDE LOT EASEIMENT IN MORNING HILL SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (a) Setting Public Hearing for June 9, 1980. by L Jl! C1I .�Q 3Ci:]:1, scr-u!'o.. byrou..ci�..."' 1 t JC:�i2cc_1 e- IO apprO;i�. Approved by unanimous vote of Council. 9. ORDINAiJCE No. 80-31 AN ORDINti.NCE RATIFYING ANNEXATION OF LANDS BY BOUNDARY CO2C4ISSION, ORDER NO. 1556, RECORDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. (Sattler Anne.xat.ion-Durham/Hall) (a) The ordinance was read for the second time by number and title. (b) Motion by Councilman Cook, seconded by Councilman Brian to approve. Approved by four to zero vote of Council on second reading with Councilman Scheckla abstaining. 10. RESOLUTION No. 80-34 A RESOLUTION OF THE TIGARD CITY COUNCIL SETTING ASIDE FUNDS IN A TRUST ACCOUNT (Library Construction Account) (a) City Administrator recommended that Council adopt the resolution and instruct staff to take appropriate action. (b) Motion by Councilman Brian, seconded by Councilwoman Stinler to approve. Approved by unanimous vote of Council. 11. RESOLUTION No. 80-35 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN STR.ATFORD SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. (a) Director of Public Works recommended Council accept as all improvements have been met. (b) Motion by Councilman Brian, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council . PAGE 2 - REGULAR MIEETING COUNCIL MINUTES - April 28, 1980 3. FRIENDS OF THE LIBRARY BUILDING FUND COMMITTEE (a) Madeline Utz explained the formation of this committee and the need for definitive direction from Council before they proceed further. She explain- ed the options of a new library facility including purchasing the current space, purchasing other space in the City, building an independent library building, or building a civic complex which could house the library as well as other City departments. (b) Sharon Takahashi, President of the Friends of the Library described the amount of support and interest already generated and asked if Council felt that the public support warranted development or if further support was needed, (c) Donna Hammersly asked what role Council would like to see this committee assume, noting the experience and energy they have had in community organiza- tion. (d) Council discussed the recent upswing in interest in the development of a civic center (as the GI Joes complex is developed as well as the greenway park running along the creek between Main and Hall Blvd) . They also express- ed concern regarding acquiring funds for this development. (e) Planning Director suggested that with all of the proposed development in this area, perhaps it was time all interested parties get together so that the downtown area could be discussed and planned in a comprehensive manner. . (f) Consensus of Council was that a meeting should be scheduled for all parties and interests, and that the previous civic center proposal should be con- sidered again. (g) Ms. Utz then asked that the $5,973 seed money for the building fund which was put into the budget in 1979-80 be protected by placing it in a trust account before the end of the fiscal year so that it will not be returned to the general fund. (h) Consensus of Council was to take formal action next week to place the :Library fund money in a trust account. 4. EASEMENT VACATION LOT 7 MORNING HILL SUBDIVISION (a) Public Works Director explained that the developer had constructed the garage of the house 22 feet into the sewer easement. He stated that there was no conflict between the structure and current sewer lines, and recommend- ed that Council approve the vacation. (b) Consensus of Council to place this on next week's agenda. 5. S.W. VARNS STREET L.I.D. REMONSTRANCES (a) Public Works Director reported that two remonstrances had been filed. The first objected due to current negotiations regarding possible sale of the PAGE 2 - Study Session Council Minutes - April 21 , 1980 *boo` TO : THE HONORABLE MAYOR AND CITY COUNCIL City of Tigard County of Washington State of Oregon In the Matter of the vacation ) of a portion of a sanitary ) sewer easement described ) PETITION FOR VACATION as : ) See Exhibit "A" ) Petitioners hereby request that the hereinbelow described area be vacated, for the following described reason(s) : Garage was built over a portion of a sanitary sewer easement. (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent tracts in or adjacent to the affected area as hereinbelow described. (3) That the cost of this vacation is to be borne by the benefited prop- erties and in respect thereto respectfully show: That the area proposed hereby to be vacated by the aformentioned owners/purchasers comprises approximately ----- acres , and is legally described hereinbelow (or on the attached sheet marked Exhibit "A" which be reference herein is made a part hereof) and is illustrated on the attached drawing marked Exhibit "B" (which by reference herein is made a part hereof) : WHEREFORE , petitioners pray that said lands be vacated as herein re- quested and described and that the City Council of the City of Tigard, Oregon, expedite proceedings to that end as provided by law. Signature Address Map Book # Tax lot # Page # r r+Wv' AIGINTHER ENGINEERING, INC. SUITE 276 ENGINEERS/PLANNERS/SURVEYORS 3800 S.W.CEDAR HILLS BOULEVA; I%PF BEAVERTON,OREGON 97005 (503)6435475 EXHIBIT "A" A tract of land being a portion of lot 7 "Morning Hill , " a duly recorded subdivision in S.E. 4, section 33, T1S, R1W, W.M. , City of Tigard, Washington County, Oregon, being more particularly described as follows : Beginning at a point on the south line of a 15 foot wide sanitary sewer easement that is S 1-35-57W, 15.23 feet and S 78-23-34E 47.25 feet from the north- west corner of said Lot 7; thence continuing along the south line of said sewer easement, S 78-23-34E, 6.56 feet; thence N 11-01-35W, 2.52 feet ; thence S78-58-25W, 6.057 feet to the point of beginning. ®®®Ge ?g e 000000 0006 000000006 Ul 00000 000 68606 90 00 0 6060 ®® �! 1 /� N ®®®®®®®®®®®g® C S see 6660 ®o®® 000000 000 Gee Goo Gee ®®mss - � ` Utz.. �cz�Tt NG-�s -•�,� _ � o , N LU L 0 Z LO `r -7