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80-014340 ~ Katherine Street �t 7 CITY OF TIGARD, OREGON 4i3 U G i 3' 4 ORDINANCE No. 80-_Sg AN ORDINANCE VACATING A TRACT OF LAND IN YE-OLDE-WINDYIILL SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, RECORDING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: The Council finds that a resolution was adopted by the Council on March 10, 1980, relating to the vacation of the hereinafter described easement and that a public hearing was thereby called to be held on April. 14, 1980, 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 April 14, 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 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 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 Ye-Olde-Windmill Subdivision is hereby vacated and discontinued as public ways: A portion of the rear lot utility easement, within platted Lot 8 of Ye-Olde-Windmill a subdivision of record in Washington County, Oregon, being more particularly described as follows: The Westerly 5.0 feet of the 10.0 foot wide (utility easement) strip of land lying adjacent to, parallel with and on the westerly side of the common line of Lot 8 and Lot 10 and of Lot 8 and Lot 11 in said subdivision. 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 and Elections 2. Department of Revenue and Taxation - Attn: Assessor 3. Department of Public Works - Attn: County Surveyor All as required by Chapter 271.150 O.R.S. ORDINANCE No. 80-1'Z15- i 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 Q4&Pj'qatLs vote of all Council members present, after being read two times by number and title only, this /.,y" day of ,qe-; l , 1980. City Recorder APPROVED: By the mayor, this /' = day of 1980. 1950. J/, f '^. '--Mayor ` STATE OF OREGON „�L� County of Washington Ss I, Roger Thomssen, Director of Records and Elections and Ex-Office 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 THOUISSEN, Director of Records&Elections 42 Page 2 ORDINANCE No. 80- � ----------------- May 16, 1980 Tom Miller 14800 SW 92nd Avenue Tigard, Oregon 97223 Re: Ye-Olde-Windmill SAbdivision Vacation Dear Mr. Miller: Enclosed is a copy of the recorded ordinance which vacated a tract of land in the above mentioned subdivision. Sincerely, Doris Hartig City Recorder NH:lw Enc. April 17, 1980 Tom Miller 14800 S.W. 92nd Tigard, Oregon 97223 Re: Vacating a tract of land in Ye-Olde-Windmill Subdivision Dear qtr. .Filler: Enclosed is a check in the amount of $34.60 for reimburseinent of your $100.00 deposit for vacating a tract of land in Ye-Olde- Windmill Sublivision. Tigard City Council approved the vacation on April 14, 1980. A copy of the ordinance will be sent to you after it has been recorded with Washinton County. Following is a list of the expenses for the above mentioned tract of land: Dep4sit 4100.00 Tigard Times advert isei-,i-ni t -3E,.40 Wash. Co. recording fees -27.00 Total 34.60 If you have any questions, please contact this office. Sincere*y, Doris hartig City Recorder DH:lm Enc. April 17, 1980 Roger Thomssen Washington County Courthouse 150 N. First Hillsboro, Oregon 97123 He: ReOrding Ordinance No. 60-25 vacating; a tract of Land in Ye-Olde-Windmill Subdivision Dear Mr. Thomsen. Enclosed is a check in the amount of 427.00 to. cover recording fees of Ordinance No. 8U-25 dealing with vacating a tract of land in Ye-Olde-Windmill Subdivision] The recording fees is $7.00 and $20.00 is for the surveyor's recording fee. Please forward the surveyor's copy of the ordinance 6o that office when it has been recorded. If you have any questions, please contact me at 639-4171. Sincerely, Doris dartig City Recorder DH:Im Encl. (a) Director of Public Works stated that the assessment notices had been sent to the concerned property owners and this time is set aside to hear any remonstrances against the proposed assessments. He noted that Council had a copy of a letter from Mr. Zanley Galton, Tax Map 2S1 10B, Tax Lot 900, objecting to the assessment as distributed because a portion of the land being assessed is being taken by the Oregon Department of Transportation (O.D.O.T. ) for the 72nd/217 interchange project. (b) Mr. Galton, representing the owner of tax lot 900 (Mr. Mardock) discussed with Council the problem with assessing property which is being taken by the state for development and will not truly be improved by the L.I.D. (c) After discussion with Council and staff, Legal Counsel requested Council allow him time to investigate the matter and report back. Two property owners - Bloodworth (2SllDA, T.L. 2100), and Smith Richie Corp. (2SllDA, T.L. 900), have not responded. Staff to contact them. Consensus of Council was to consider the matter at the April 21st study session. 8:00 P.M. PUBLIC HEARINGS 12. PROPOSED VACATION OF A PART OF A CERTAIN REAR LOT EASEMENT IN YE-OLDE-WINDMILL SUBDIVISION IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (a) Public Hearing Opened. (b) Director of Public Works gave brief summary of issue. (c) Public Testimony No one appeared to speak (d) Director of Public Works recommended approval (e) Public Hearing Closed (f) ORDINANCE No. 80-25 AN ORDINANCE VACATING A TRACT OF LAND IN YE-OLDE- WINDMILL SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, RECORDING AN EFFECTIVE DATE. (g) Motion by Councilman Cook, seconded by Councilman Brian to approve. Approved by unanimous vote of Council. 13. CONDITIONAL USE APPEAL - CU 1-80 (Titan Properties Corp./Winsom Terrace) NPO #3 The Planning Commission approval of a request by the Titan Properties Corporation for a Conditional Use to construct 10 attached single family units on a 3.28 acre parcel zoned R-10 "Single Family Residential" located fronting on the west side of Grant Avenue, 60' south of School Street and 228' north of Park Street (Wash. County Tax Map 2S1 2CB, Tax Lot 800), which decision has been appealed to the City Council. (a) Public Hearing Opened Page 3 - Regular Council Minutes - April 14, 1980 (b) Planning Director described plat of Winsom Terrace and history of request. (c) Public Testimony (.limited to summation of previous statements) Proponents: RaNaye Hoffman, 12880 S.W. Watkins, discussed traffic problems, safety for children in the area and dissatisfaction with common-wall dwellings. Opponents: Tim Ramis, Attorney for developers, 1727 N.W. Hoyt, Portland, presented information regarding traffic, children's safety and the need for common- wall dwellings for moderate income families, noting these would not be rentals but only sold to individuals for their own use. Jim Brown, 12250 N.W. Barnes;, Portland, endorsed type of housing for moderate income families. Steve Bleak, 18935 S.W. Heightview Court, Beaverton, Titan Properties Rep. , discussed the number of children using the streets and what safety hazard this might create. Cross Examination: Councilman Brian asked Mr. Bleak if he would be willing to sign an agreement with the City that the homes would only be sold for single family owner- occupied homes. Mr. Bleak said language to that effect would be acceptable to the developers. Legal Counsel stated that language would be difficult to draft, that would met Council's intent, since there would be little that could be done to stop a second generation sale to rental property owners. Mrs. Hoffman discussed her concerns regarding the way in which the public hearing was handled. (d) Public Hearing Closed (e) Council and staff discussed the ownership of School Street, items of concern with the plan i.e. children without sidewalks, traffic circulation, and the true meaning of "buffer zone" zoning in the NPO text. (f) Motion by Councilman Brian, seconded by Councilman Cook to uphold the appeal and deny the conditional use request based on the NPO goals and guidelines. Approved by unanimous vote of Council RECESS: 9:33 P.M. PAGE 4 - Regular Council Minutes - April 14, 1980 - AFFIDAVIT PUBLICATION RECEIVED = ' A°M A pmt}na STATE OF OREGON, wit}lt1# 4. 14 COUNTY OF WASHINGTON, ss' APR 190 ?` 1tY1t �ga€d � suisit �sf IJ& #tgttt#�t Joseph Schafer - - CITY OF TIGARD , OregCan, ,rert ae�# limo =s -- blo resold of I, ... _ - - - being first duly sworn, depose and say that I am the publisher _ 2 flWidl-i a r 4," o fad ce E ter -0 foot --- 198©. under autla 'll of (Ut p- of land nd on of The Tigard Times, a newspaper of general circulation, as defined h- a ��r} yel. .}�,. t€3e'1�4*SYe1tyt( Cptntrtpp line nc l #mrd $ oft .Lof and f t' ilf d`csf LPt 8 and by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and i1 , f of"1'oea11 tsard sU Schot t, Rootr#, (4 Tty abjection 4r-'Wtnonstrances state; that the legal notice, a printed copy of which is hereto annexed, was nut Street, Mlgard, Qregon, w# p aga#nst laid toposal Ab vacate said i{ ect to the proposed anon flf a s T>reaii`be mach#r]Writing and filed published in the entire issue of said newspaper for __r,}_ _._. . successive and of-the follotvin�g desiibed exist#t1g th }tY ReC[3rder-prior to the date 18 used )0 food wide -ut lit t ng,. anti a -6124eCCtlons.fi3ed consecutive weeks in the following issues _.-_..__. _..-_. - ___-_.__._ ---- in Ye-Olde=# indmilinfitliviE fir, tCt_ date 4f:tearjng will be _._.. 1980 City of i# ard� Vi�asht a nside� iitT_�n ►eCSon — ------ --------M-a-r-e�t- 1-�-;----19 & -2 - ----can-d- - r�1---2- Orem, a 1 terest Ir, 1 may -- -. ally bre#i4iti at a tim6 ( at re) "bf the Ck CQunCil of Ti- Qf,94#k 1984.. Subscribed and sworn to before me this __ -------_-__ 01 h day of .Mrts: Itis Vi=a_ . =city Recorder App -1- ls..gp �4447'publish March 12, 19, 26 AP 9,1 '- -- - - - Notary Public of Oregon COMMISSION EXPIRES My commission expires .-__.___-_.___.._._.------FE8.46,11882 i `�rrWi In the Matter of the Proposed VACATION OF YE-OLDE WINDMILL SUBDIVISION EASEMENT STATE OF OREGON) County of Washington) ss. City of Tigard) I, Bob Thompson being first duly sworn, on oath depose and say: That I posted in the following public and conspituous places, a copy of Notice of Public Hearing of the Vacation of Ye-Olde Windmill Subdivision Easement a copy of said notice being hereto attached and by reference made a part hereof, on the 20th day of March, 1980. 1. Northern point of lot 8 on lathe. 2. Southeast point of lot 8 on lathe. 3. Southeasterly point of lot 8 on Katherine Street on lathe. Bob Thompson ' Subscribed and sworn to before me this day of �o.__� 1980. i otary Public for Oregon My Commission Expires: NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF A PART OF A CERTAIN REAR LOT EASEMENT IN YE-OLDE-WINDMILL SUBDIVISION IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution of the City Council of Tigard adopted 3/10/80 , 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, 4/14/80 , 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 un-used 10 foot wide lot utility easement in Ye-Olde-Windmill Subdivision in the City of Tigard, Washington County, Oregon. EXHIBIT "B" AREA TO BE VACATED: A portion of the rear lot utility easement, within platted Lot 8 of Ye-Olde-Windmill a subdivision of record in Washington County, Oregon, being more particularly described as follows: The Westerly 50 feet of the 10.0 foot wide (utility easement) strip of land lying adjacent to, parallel with and on the Westerly side of the common line of Lot 8 and Lot 10 and of Lot 8 and Lot 11 in said subdivision. 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 10 day of March , 1980. Doris Hartig City Recorder TT Publish 3/11,19,26 - 4/2,9/80 CITY OF TIGARD, OREGON RESOLUTION No. 80_ X21 A RESOLUTION CONCERNING VACATION OF A PART OF A CERTAIN REAR LOT EASEMENT IN YE-OLDE- WINDMILL 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 an existing un-used 10 foot wide rear lot easement dedicated to the public for utility purposes in Ye-Olde Windmill Sub- division, within the corporate boundaries of the City of Tigard, Washington County, Oregon; and WHEREAS, the westerly 5 feet thereof said illustrated 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 utility system of the City; 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 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 OF TIGARD AS FOLLOWS: Section 1: "That the public hearing is hereby called to be held by the City Council of Tigard on Monday; , 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 12th day of Bch , 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 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. 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 __Loday of -Jur 9�0. ATTEST , FIRST NATIONAL BANK (WASHINGTON SQUARE - R.E .L.D.) (MaLlreen Tiegs) MAP Showing Location of • IMPROVEMENT ON AND BOL{NDARIES OF Lot 8, YE-OLDE WINDMILL in the COUNTY OF WASHING and STATE OF OR n'r Except as shown, Surveyed: 1/13/80 Sle: V' = 20' I hereby certify that I surveyed the following described pro rtp-.3rd tha I find the improvements situate thereon to be on the premises in question and that they do not over p o ncroac on the property lying adjacent thereto. This certificate is made at the request and for the exclus' e u o the cli t named above, an is not to be used for construction purposes. A. Surveyor tl . ; •M. f ta;} Lot 8 ` im S9 ' Residence Under Const. VSs CIL D Gar. lk- y Tom Miller SW Katherine St. �6 \Tigard el I ` F_ XNlBiT fH moa NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF A PART OF A CERTAIN REAR LOT EASEMENT IN YE-OLDE-WINDMILL SUBDIVISION IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution of the City Council of Tigard adopted 3110/80 , 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, 4/14/80 , 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 un-used 10 foot wide lot utility easement in Ye-Olde-Windmill Subdivision in the City of Tigard, Washington County, Oregon. EXHIBIT "B" AREA TO BE VACATED: A portion of the rear lot utility easement, within platted Lot 8 of Ye-Olde-Windmill a subdivision of record in Washington County, Oregon, being more particularly described as follows: The Westerly 5.0 feet of the 10.0 foot wide (utility easement) strip of land lying adjacent to, parallel with and on the Westerly side of the common line of Lot 8 and Lot 10 and of Lot 8 and Lot 11 in said subdivision. 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 10 day of March , 1980. Doris Hartig City Recorder TT Publish 3/11,19,26 - 4/2,9/80 T I G A R D C I T Y C O U N C I L STUDY SESSION MINUTES - MARCH 3, 1980 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Tom Brian; John. E. Cook, Kenneth W. Scheckla (arriving at 8:00 p.m. ) ; Councilwoman Nancie Stimler; Legal Counsel, Liz Gable; City Administrator, R.R. Barker; Public Works Director, Frank A. Currie; Planning Director, Aldace Howard; City Recorder/Finance Director, Doris Hartig; Research & Development Assistant, Martha McLennan. 2. PROCLAMATION - GIRL SCOUT WEEK (a) Mayor read the proclamation declaring the week of March 5th Girl Scout Week in the City of Tigard. (b) Representatives from Girl Scout Troup #512 thanked the City and Mayor and presented him with a calendar, carnation, acid a box of Girl Scout cookies. 3. LOAVES & FISHES REQUEST (a) City Administrator explained the history of the Loaves & Fishes levy and requested that Council direct staff to prepare the necessary ordinance to allow the Loaves & Fishes levy to appear on the May 20, 1980 ballot. He explained that the levy this year would apply a $.0129/$1000 assessed valuation tax as compared to last year's $.0142/$1000, for a total levy request of $6,000. (b) It was the consensus of Council to direct staff to prepare the necessary ordinance and bring it back to Council on March 11, 1980 for final con— sideration. 4. KATHERINE STREET VACATION PETITION (a) Public Works Director displayed a map of the area in question and recom- mended that Council not grant the vacation. He explained that vacating the property would allow it to return to the private domain, and that, as this land was both in the floodplain and in the greenway, it was in the City's interest to have it remain publicly owned. (b) Councilwoman Stimler expressed the concern of the residents that the parcel not become a street in the future. (c) Public Works Director indicated that there were more appropriate tech- niques for accomplishing this (i.e. dedicate the land to some other pur- pose than easement) , and said that he would research procedures and come back to Council with a recommendation. 5. ._RFAR LOT LINE EASEMENT VACATION, LOT 8-YE OLDE WINDMILL SUBDIVISION (a) Public Works Director explained to Council that in error, the hoilse had been built part way into the rear lot easement. He went on to report that the easement is not currently used by the utilities and no future use is expected. He also reported that the rear lot easement was 10 ft. rather than the 5 ft. which is common in that subdivision. He recom- mended to Council that the City vacate a 5 ft portion of the easement leaving only 5 ft as is common in the area. (b) Consensus of Council to direct staff to prepare the necessary documents. 6. PRESENTATION WASHINGTON COUNTY ROAD LEVY (a) Larry Rice, Washington Co- Public Works Director, reported on the proposed Washington County Road Levy which will be presented to the voters on May 20, 1980, and asked for the support of City Council. He went on to explain several aspects of the program including the distribution of funds between urban and rural areas of the county, the prioritizing system which will be used, and the expected funds available for the Tigard area. He also point- ed out that these funds would be used strictly for repair of ro,,ds. He, concluded by describing the total amount of the three year levy $2,600.000, the amount set aside for the Tigard area $99,000 , and the assessed valua- tion rate ($.39/$1000) of both ballot title A and B. Councilman Scheckla arrived: 8:00 p.m. 7. AMENDMENT TO TIGARD MUNICIPAL CODE - TRANSFERRING CERTAIN RESPONSIBILITY FOR VARIANCES TO THE PLANNING DIRECTOR. (a) Planning. Director explained that this ordinance had been drafted by Legal Counsel in response to a perceived need to expedite minor setback variance requests. He explained that it had been reviewed by the Plan- ning Commission and was before Council now to obtain feedback. (b) Council discussed the applicability, frequency of these situations, and the Planning Commission's feelings about the ordinance, Planning Director explained the constraints on his authority and the savings of staff time. He went on to say that the Planning Commission had had some questions about the ordinance but had been neither strongly in favor nor opposed. Consensus of Council to hold off on the ordinance. - 8. AMENDMENT TO TIGARD MUNICIPAL CODE - CONSTRUCTION TIME PERIOD EXTENSIONS. (a) Planning Director explained that this ordinance would change the time period extension process to allow only a 6 month extension granted by the Planning Director. After that period had elapsed the developer would have to bring in a new application for review. This would be a change from the current system which allows Planning Commission exten- sions of one year which can be renewed every year. Planning Director explained that some problems had occurred with developments which after having been extended for many years were no longer appropriate for the area. (b) After much discussion by Council it was agreed that further consi4era- tion would be needed and the item should be placed on the next study session agenda. PAGE 2 - STUDY SESSION - MARCH 3, 1980