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81-031801 ~ Falcon Rise Drive 8 103 180 1 CITY OF TIGARD, OREGON ORDINANCE NO. 81-'7 1 AN ORDINANCE VACATING A PORTION OF A CERTAIN PORTION OF MORNING HILL NO. 1 PLAT OF RECORD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that Resolution No. 81-88 was adopted by the Council on August 10, 1981, relating to the vacation of the hereinafter described portion of Morning Hill No. I and that a public hearing was thereby called to be held on September 14, 1981 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 September 14, 1981, 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. The city accepts no responsibility for removal of existing utility facilities. Section 4 : The Council further finds that the public interest will not be prejudiced by the vacation of the hereinafter described portion of Morning Hill No. 1 and that the said land is 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 portion of Morning Hill No. 1 plat is hereby vacated and discontinued as public ways: The 5 foot public utility easements, as platted, on the interior lot line between lot 35 and 36 and between lot 36 and 37 in the plat of Morning Hill No. 1 in Tigard, Washington County, Oregon. 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: Surveyor 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. ORDINANCE NO. 81-_q_T M *VW %mot PASSED: By 48A jjMoA,,,vote of all Council members present, after being /read two times by number and title only, this I_day of , 1981. City Record r APPROVED: By the Mayor, this / day of _ , 1981. Mayor 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 Page 2 ORDINANCE NO. ,,81-11 1` 1981 SEP 18 PH 3: 55 CITY OF TIIFA FM WASHINGTON COUNTY,OREGON f r October 12, 1981 Wedgewood Homes of Portland Inc. 9055 S.W. Beaverton Hwy Portland, Oregon 97225 Re: Vacation of certain side Lot Easements in Morning Hill Subdivision Gentlemen: Enclosed is a copy of Ordinance 81-77 vacating certain side lot easements in Morning Hill Subdivision.which has been recorded with Washington County. If you have any questions regarding this matter, please feel free to contact me. Sincerely, he iYt�-c�J , Doris Hartig 4 City Recorder DH:lm Enc. 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 �Ww �..w re C17YOFTIFARD WASHINGTON COUNTY,OREGON September 22, 1981 Wedgewood Homes of Portland Inc. 9055 S.W. Beaverton Hwy Portland, Oregon 97225 Re: Vacation of certain side Lot Easements in Morning Hill Subdivision Gentlemen: The Tigard City Council at their regular meeting of September 14, 1981, unanimously passed Ordinance No. 81-77 vacating certain side lot easements in Morning Hill Subdivision. The ordinance has been sent to Washington County for recording and upon receiving it back we will mail a copy for your records. The following is a list of expenditures, spent on this vacation: Deposited on July 22 , 1981 $150.00 Recording fees $ 8 .00 Tigard Times Notice 108 .50 Application fee 50.00 1066.50 -166 .50 Total amount owing 1T .5 If you have any questions regarding this matter, please feel free to contact me. Sin rely I- ' Doris Hartig City Recorder DH:lm 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 18. RESOLUTION No. 81-103 A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING ENTERING INTO AN AGREEMENT WITH THE OREGON DEPART14ENT OF TRANSPORTATION FOR THE 72ND AVENUE INTERCHANGE. (a) Motion by Councilman Cook, seconded by Councilman Brian to adopt. (b) Director of Public Works recommended approval noting the the City has worked out the questions they had on the agreement and that financing of the lights would be done by the Transportation Department. The City would only pay for the energizing of the signals. Approved by unanimous vote of Council. 8:00 P.M. PUBLIC HEARINGS 19. MORNING HILL SUBDIVISION SIDE LOT EASEMENT VACATION (a) Public Hearing Opened (b) Director of Public Works stated the vacation was for two side lot ease- ments in the Morning Hill Subdivision. The developer plans on taking three existing lots and creating two lots. One utility company stated there was a stub-out at one of the utility easements, however, the developer has stated he would pay the cost for relocating. (c) Public Testimony No one appeared to speak. (d) Director of Public Works recommended approval. City Administrator i recommended one amendment to the ordinance in Section 3 by adding I the following sentence: "The City accepts no responsibility of the removal of existing utility facilities." I (e) Public Hearing Closed. (f) ORDINANCE No. 81-77 AN ORDINANCE VACATING A PORTION OF A CERTAIN PORTION OF MORNING HILL No. 1 PLAT OF RECORD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON l (g) Lotion by Councilwoman Stimler, seconded by Councilman Scheckla to adopt. II ��. Approval by unanimous vote of Council. 20. 67TH AVENUE STREET VACATION (a) Public Hearing Opened (b) Director of Public Works gave summation of request noting that all utility companies were notified of the pending vacation. At this time, most of them had improvements in the street right-of-way. (c) Public Testimony No one--appeared to speak. (d) Director of Public Works recommended approval, noting that the ordinance require a 60' easement be granted by the property owners in the location of the street right-of-way. (e) Public Hearing Closed. AFFIDAVIT O LIBLICATION STATE OF OREGON, �� COUNTY OF WASHINGTON, ss. I, -- ------------------ ------------,JOHN-V.----MARLING- --------- ---- -------- t,w i t� .Tig ac yet wi being first duly sworn, depose and say that I am the publisher ------------------ 1" �re8on R pablio.il� ring ill � �� -------- of The Tigard Times, a. newspaper of general circulation, as defined EouACII art TStg$k`ci at I: +day, tember.i t II ; s vV� by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and � � � , 10865 til+: lnut'btr6eE,. �» golf,with respect to state; that the legal notice, a printed copy of which is hereto annexed, was cation of Eike follows ` published in the entire issue of said newspaper for --------------_------------ successive and consecutive weeks in the following issues _,-_13-,-2D- 27-,-Sept_-3-,_lIl, 1981 Sm" , ----------------------------- --- ------ -- ----- - - -------------- -- _-. __ --------------------- `Y d That portion o - f lath (Signature) Township 2 South, It taniette Me It _ Subscribed and sworn to before m s / Oregon' #tit f [ - ,�-` - day of .. ... scribed as foci The five foot w , � menalong both sidestoofvtt�' -j Eastern lot lines of Irtt,,38°# 5' 7 of) Morning I/ , - Notary Public of Oregon Book 45 n Page 15 Any,objections or, rem q against said proposal ta; My commission expires --------------------------- ,-``- ---- 19 - areas M4 be knade ,xdt filed ' the dn�e ol! �. tions flied pylar tot ; will be heard akld Gonsi nawenn Kaexi%i�wa.iw 34a�,Sea��'�-s`� AFFIDAVIT OF POSTING wrw °j.rr' In the Matter of the Proposed NOTICE OF PUBLIC HEARING FOR PROPOSED VACATION STATE OF OREGON ) County of Washington) ss. City of Tigard ) I, Robert R. Landis 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 Easement vacation, Morning Hill I Subdivision, Tax Lot 36, a copy of said notice being hereto attached and be reference made a part hereof, on the 17 day of August , 19 81 . Placed (4) four vacation notices on Tax Lot #36 in Morning Hill Subdivision in the following locations: 1. On a stake at the Northeast corner of Lot 36, Morning Hills I. 2. On a state at the Southeast corner of Lot 36, Morning Hills I. 3. On a stake at the Northwest corner of Lot 36, Morning Hills I. 4. On a stake at the Southwest corner of Lot 36, Morning Hills I. i iAAC4 Subscribed and sworn to before me i _ ay or Aaust , otary Public for Oregon Affidavit of Posting My Commission Expires: CITY OF TIGARD f CITY OF TIGARD NOTICE OF PUBLIC HEARING Oil PROPOSED VACATION OF CERTAIN SIDE LOT EASEMENTS IN MORNING HILL SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution No. 88 of the City Council of Tigard adopted August 10, 1981, under authority of Chapter 271 . 130 Oregon Revised Statutes, a public hear- ing will be held by the Council of Tigard at 8:00 P.M. on Monday, September 14, 1981, at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon, with respect to the proposed vacation of the following described existing un-used 5 foot wide side lot easements dedicated to the public for utility pur- poses in the Morning Hill Subdivision, within the corporate boundaries of the City of Tigard, Washington County, Oregon; and "EXHIBIT B" That portion of land in Section 4, Township 2 South, Range l West, Willamette Meridian, .Washington County, Oregon, being more particularly described as fol- lows: The five foot wide utility easements adjacent to, parallel with and along both sides of the Western and Eastern lot lines of lot 36 in (the plat of) Morning Hill #1 as recorded in Book 45 on Page 15. 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 10th day of August, 1981. Doris Hartig City Recorder TT Publish August 13,20,27 Sept 3, 10, 1981 Saw AOL, CITYOFT117AFM WASHINGTON COUNTY,OREGON August 12, 1981 Wedgewood Homes of Portland Inc 9055 S.W. Beaverton Hwy Portland, Oregon 97225 Re: Vacation of Certain Side Lot Easements in Morning Hill Subdivision Gentlemen: Please be advised that the City Council will consider the above request at their regular meeting of September 14, 1981, at 8:00 P.M. , at Fowler Junior High School Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon. If you have any questions regarding the above, please feel free to contact me. Sincerely, /Or�,s�ig City Recorder DH: lm 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 1 CITY OF TIGARD, OREGON RESOLUTIO14 No. 81 A RESOLUTION CONCERNING VACATION OF CERTAIN SIDE LOT EASEMENTS 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 existing un-used 5 foot wide side lot easements dedicated to the public for utility purposes in the Morning Hill Subdivision, within the corporate boundaries of the City of Tigard, Washington County, Oregon; and WHEREAS, the two - 5 foot side lot utility easements along the originally platted "lot 36" 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 for 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. ,t 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, September 14 , 1981 at 8:00 P.M. at Fowler Junior High School Lecture Room, 10865 SW Walnut Street, 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 13th day of August, 1981 and once each week thereafter for five consecutive 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 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 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 �_D day of ��p 5` 1981. T Mayor ATTEST: Recorder PAGE 2 RESOLUTION No. 81— � r� .. ► IT VALLEY TP,A T AND ALSO A PORT-l01J tj 'WD -T"2 N. E. 1 /4. OF S2C Q., T ZS' p�.1 k/, W 1M., 4 �3 SCS LE-- = 1 `'- 100" S" r NeW LOT of r T � '0111 oc X593 � 9 OnL r �S11 i >l 35 Nyco - 50 0-7 �o Z z 21 o N z \ 10 I v N � l;.ST is T PLUCK -50 Nr7sc 9o.�a `3 �' I 2n ��_o Z9 N io 3 2 1- ' f C Z4 'S5.-73 V1 N iTQ y9"loz N7�Jz lg s�33 14 rs oo ... 10 10 LC/ Sg t v 75.00 Z10 rztW oto oo z3�t N TRAGI �►�Dil1S D2LTA g\ C-S-1C�,D i (oL33 to .A ! - 15.E }0,c r sz -m-t t 5' y, N Z� N YI ESM T - -7Z.97 7Z �3 -31o 21.99 Zo.o7 lE51-04-19 tr� til °� ��� 1:7-41 'L! 210. 9 2 .t9 t . 3-�7-44 5-,5lp � a. - .zo r Z-c .tZ-ZA 88.5 32.Qo f 9 0 40.00 I. sz - TP% `-F "T- D�.Ai L_ �' I '3 0{� !Oma-!S- g Z7 f30o 4 S W G-I t Mnt�Y R!jDG� F' 7z 00 1 9" ©I�lv F' 1�.� 8?-34-Z7 72,93 7�.7 ,�� +u zs� -,� ,,•,p �'L- �4-:� ten..-.'mob �G I r� 00 i X37-=� -'Z 7 '72,93 ���_.� Opl .7-T 1 '7,7 EXHIBIT "B" That portion of land in Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: The five foot wide utility easements adjacent to, parallel with and along both sides of the Western and Eastern lot lines of lot 36 in (the plat of) Morning- hill #1 as recorded in Book 45 on Page 15 and as indicated on Exhibit�A attached hereto. s r�r 1 {t k f 4 • t CITY OF TIGARD NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF CERTAIN SIDE LOT EASEMENTS IN MORNING HILL SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution No. 88 of the City Council of Tigard adopted August 10, 1981, under authority of Chapter 271 . 130 Oregon Revised Statutes, a public hear- ing will be held by the Council of Tigard at 8:00 P.M. on Monday, September 14, 1981, at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon, with respect to the proposed vacation of the following described existing un-used 5 foot wide side lot easements dedicated to the public for utility pur- poses in the Morning Hill Subdivision, within the corporate boundaries of the City of Tigard, Washington County, Oregon; and "EXHIBIT B" That portion of land in Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as fol- lows: The five foot wide utility easements adjacent to, parallel with and along both sides of the Western and Eastern lot lines of lot 36 in (the plat of) Morning Hill X61 as recorded in Book 45 on Page 15. 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 10th day of August, 1981. Doris Hartig City Recorder TT Publish August 13,20,27 Sept 3, 10, 1981 S TIGARD WATER DISTRICT SS41 S. W. COMMERCIAL ST. TIGARD, OREGON 9 PHONE (%'1QiJIG 39-1 ► _s L 11 ads AU 3 4 1981 August 4, 1981 Doris Hartig City Recorder City of Tigard P. O. Box 23397 Re: Utility easement Tigard, Oregon 97223 in MORNING HILL Dear Doris: Thank you for the opportunity to comment on the proposed utility easement in the MORNING HILL Sub- division. However, the enclosed map does not indicate a request for a utility easement but a removal of ease- ments and a new lot line established. In any event, the water district would have no objections to the contemplated changes. A 3/4-inch copper service line has been installed to serve water to Lot 36, but that can be removed. Sincerely yours, TIGARD WATER DISTRICT /119 Robert E. Santee Administrator Encl. map 4%W. a ��V � of � F d"i July 31, 1981 fow' Doris Hartig City of Tigard P.O. Box 23397 Tigard, Oregon 97223 RE: MORNING HILLS SUBDIVISION The vacation of Lot 36 in the Morning Hills Subdivsion may create a problem. We have a pedestal located on the east property line of lot 36. This pedestal could be moved but the cost would have to be absorbed by the developer. The maximum cost would be $500.00. If you have any questions please call Annette Albert, 643-0123. Yours very truly, Annette Albert, Field Engineer AA:dj `NGTON 20665 S.W. Blanton to St. { P.O. Box Y j CtsCF iVGARO D Aloha,Oregon 97006 1 w'! ORES0'� 503/649-8577 �V 41ST. 31 i. ssaal July 28, 1981 _ Ms . Doris Harti g City of Tigard 12420 S. W. Main Street Tigard, Oregon 97223 Dear Ms. Hartig: Re: Morning Hill Subdivision In answer to your request for comments on a proposal to remove easements from the recorded plot of the Morning Hills Subdivision (the 4 of Sec. 4 T 2S, R. I.W. , W.M. involving lots 37-36-35) , we can see no particular problems with this insofar as fire regulations apply. Very truly yours, WASHINGTON COUNTY FIRE DISTRICT NO. 1 G. Craig K s , Ins ector Fire Prevention Bureau jcc Fire prevention does not cost...it pays r.rr FCC Portland General Eleatic ConImM June 29, 1981 AUG' 198 ' Mr . Frank Curry -. City Engineer Tigard , OR Subject: Easements ' PGE has no further need for the 5 ' side lot easement on lot X136 Morning Hill #1 . Consider this a formal release. Sincerely, Gary Lukas Service Representative GL/rgh cc : Wedgewood Homes Western Division-14655 SW Old Scholls Ferry Road—Beaverton, Oregon 97007--643-5454 CITYOFTIIFARD WASHINGTON COUNTY,OREGON July 22, 1981 Fire District No. l 20665 SW Blanton St. Aloha, Or. 97005 Dear Craig Keys: The City of Tigard has received a request for a utility easement in Morning Hill Subdivision. We are in the process of setting a public hearing for this item before the City Council. We would appreciate a letter from your office noting your approval or concerns regarding this request. Your correspondence must be received by the City by August 7th, 1981. Thank you for your prompt attention to this matter. Sincerely, Doris Hartig City Recorder DH:lk Enc. cam-. 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 "`WMA . .+te- .e ,Ny. ,f' �' `1 IN, a - y. hsx �'-'r. .."; ,'.,,, "",,,.�.rrt..`'t-`x'- M,,�"y,4`'-i-'k &,-k ir3+ •r t t `��,. . 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'�1Z•, ..,, � `p"'`? .'`r ..'ir', y-'''.F'S... x�, ._ �x ,ev � r..arm"�<+s,;;�.,��•��*-.�s°? �'C��s' �iT'�sss `+� �:;,�...'.-+ 3,y*•''x�,,,-- .+` py^ �-��-�" ''` - h:.+�'- � �3�� K.r 6�d3'`' <8 >... �.Vr+� '-:`� F'"����a"'~� '�,s�.'erd �.'•s-fir:. ��„�s>� *'Y'sw-r* r` v..r a�`.,i,. •^LB a �7 e,K�6`3"i "' ^! w'i�„� -=s'°?•+� �t'A�*••- "� -r a-ty_ % �r ` 7«,. "'L .,_ .. raKw'4i �.- L` •r -3�-=' .Y k� .�.Y„-r 3'iu� t4' d''tfC: 7 4 j� r, :%•.+.-... ..., O d. •+�,y.,, ��.A.oS°,1�AYy. Lf_ O ., '4 t fi w r«- l� >� � '.°�L'1` r� �!"+F"''y� -•�'�.«�C�a"+'ih4 t xi�r�� d rimer.�� :�a, •"�.Y'��_`�"`� `y"'- -.�f�.-'�'S '��'`'"a4*'yT+ � `�'�''�FG;... E'k` - �� jk .� : '�a'�,,,;ta "4� -^t �'�• '^:: x +�-�^.,+=n""�,,x, �:C,,,�y.y-rte `"'�`t+� `�...`t "2 a: .. z s _ xr'�r1 „�Jc.,,� e*•x. 35,'r,-•" �^ ' 't ." `jE' ' ,s• f` .+",• '.j. ,'f4i',„, >} •y r ah ''.tY' •":'.�'�' 1y '- ..�",�"t ,y�'�a>>' , d'Igy"'�'`. ... , :+ C -::.�'•*a.� �.:^.. ',.4•a_,.,N, '-” :..�?s+ir.+n:.,....x€-.cY�� �:....�.�`.?:_e;vT}.�-.d`„sw•o.;.� .,r.."�'::r'.-��,.'t. , � ,.'�r,.`^m;.. ��_�"'. t`,r-.,.'r�'�!e�ti=.t�rC�-a,"�5.�;'ry� _t_.:$ 3 sY fir' CITY OF July 13, 1981 Mr. Frank Currie Director of Public Works City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Mr. Currie; We have entered into an agreement to purchase a home from Wedgwood Homes of Portland, Inc. on lot 37 and a portion of lot 36 in Morninghill. It is our understanding that due to a lot line adjustment there is an easement which needs to be removed by a vacation process. We are in complete agreement with the steps Wedgwood Homes of Portland, Inc. has taken and will take to secure the vacation of the easement. Sincerely, Janet L. Hasty TO: THE HONORABLE MAYOR A ,,- CITY COUNCIL City of Tigard . County of Washington State of Oregon ,)Ui 1 :) 1J81 In the Matter of the vacation ) CITY OF TIGARD of lands described as : ) Side lot easements Lot 36 ) Morninghill #1 ) PETITION FOR VACATION Washington County, Oregon Petitioners hereby request that the hereinbelow described area be vacated , for the following described reason(s) : Lot lines have been changed with the agreement of the City of Tigard and homes will be constructed over the easements for utilities that remain per the original plat. The utility companies have indicated they have no need ot these easements. (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 properties and in respect thereto respectfully show: That the area proposed hereby to be vacated by the aforementioned owners/purchasers comprises approximately 1 acres , and is legally described hereinbelow (or on the attached sheet marked Exhibit "A" which by 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) : Lot 36 of the attached plat has been divided in half; half will go with lot 35 and half will go to lot 37 . Wedgwood Homes of Portland, IAc. seeks to remove the easements on the side lot line on lot 36 of the original plat. WHEREFORE, petitioners request that said lands be vacated as herein requested and described and that the City Council of the City of Tigard, Oregon, expedite proceedings to that end as provided by law. TAX MAP # RECORDING TURE ADDRESS TAX LOT # NUMBER edg �liortland, 9055 S.W. Beaverton Hwy. H1* 11 Nd'h L==XWt131T B L4 VAL.L_L�Y TP- ACT AND ALSO A PORTT10th °'SND T�4E N. F. 1 /4 Op- SEG 4- . , T-25, �.l W, Vt M. CITY, OR2GO M T l CSD IWC, 33 AC�- . SC-�AL� = 1 ''= ICU` r�►st �N�rs ro t�� Rrr�hab 'S� S'R7�,f„t Ds[AJ'Nf►GG. Yl.S�ic►�'f• � f I Z Ig.sp New. Lor 1 r� A-SNE i 5 � 110 SZA=O szoo --�'z ao 5z 0450 � 9 ON p � pIQp � �, c� � ��� ��0' �_�Q' 9�� 0` Q`P t•l � ,p i N'0 0 90 SO fj'r O N Q 1 • • o f�J ��� . — • P Z �I 21 21 7b`5+ TK/�GT"fvt- N . ...'�. Zo ��. .• 1-0I� szz9 2 .5 � � t,`STRL•i�"T pL�� �0 ash X597 _ z�4 c g rd CON R►S� p1%�1�� g3 �.4 Z8r 8 _ 3 s � 75a� go.7d SNOZWO ao L�7 ,` �j 41 N () o ��� 34 �,� ` N� 1 c Z-4 55.73 s6 N oiosna." _ 5-3 ;o' 90.00 Q1N Ifo 130.0 "'`;�a1•� 9'AZ:�f sem. ',✓ �` to i J} �,�, � �► 2 a7. rs d Near SO'I I'LV � 9?oZ /v•, /s s�3� _ O ! _ �O _ O 1k/ 55 1(/ 75.00 N !0 ziO a1,S�cG -33,TtS_.R.iW - -S>-CG 4,T ZS, TRAGT_ P,ADf In b�LTA AJz,G C!�OR,p 0 ZCJ y r� N Es►H r. � j• J [a0 !Or T2 97 72 �.4 N� Q 'f3" SO.00� !8f-U4-19 t t�.CX7 No tr1 I G 85c� 1 -43-L! 2 .29 20. 19 • N 1 17' 870.00 A7,410 - H -'", ►Z.5 �E• Zo.Cx� Z�3 A4-2t 8�.� �'L.CX� I oo yz TW-A �I'" Oe-['.&Q L i540 1 Oh-15- X 27 gOU 50 sw- c�altvsr�Ev �ic�E F' �3OC10 3-3227 5-7.�,_t 57.&0 00 z. �. P., C)Mly is F' I s.bo f3 -34-Z7 22.93 wN 2s� ' - Q�v 1100 h-.4p-1 t 34-9 54-..90 G' 15.40 8?- 4-27 22.93 ZU.7Cc, 93040 9-eO-53 i oz 1`0g4A Ne. 613—W*AIII11ANTV Df1ID lindlvldual er Cerperetel' 14YTkvxNe NYee 4AW PUe41�NII�a CO. C, 4AN a i WARuwrY OW $ � V I KNOW ALL MEN BY THESE PRESENTS, That....We.d9WQQd._BQmes .of:. .Portland......Inc.. ._ ... hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by,. Wedwo.0 -------------------- - .. .. ... . .- -- ------HolCtes._of...Portl.arid_,....Iric..------------------------....._. .------------ ----- ---------.----- ------ ------- hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that certain real property, with the tenements,hereditaments and appurtenances thereunto belonging or ap- pertaining, situated in the County of _Washington._._ and State of Oregon, described as follows, to-wit: a Lot 35 and that portion of Lot 36 Morning Hill No. 1, Washington County, Oregon, lying Easterly of a line j described as follows: Beginning at a point on the North line of said Lot 36 ( distant thereon North 880 40155" West 26 feet from the Northeast corner of said Lot 36; thence South 10 19 ' 05" West to an intersection with the South line of said Lot. i' £:FEC7 UPON THE T'rl.E r; ( } V THAT MAY BE DESCRIBED THEREIN IIF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrancesSubject to the j following: All conditions, restrictions, easements of record including cove}, nants and restrictions recorded fee #79-045349 i and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. The true and actual consideration pard for this transfer, stated in terms of dollars, is $0----------- :..............._. property or value . . OHowever, the actual consideration consists of or includes other ro p p given or promised which is jgK�leiconsideration (indicate which).�fl�ll47l�114174>!ElC� ygq � q �jg�p ) In construing this deed and where the context so requires, the singular includes the plural and all grammatical } changes shall be implied to make.the provisions hereof apply equally to corporations and to individuals. '! In Witness.Whereof, the grantor has executed this instrument this of..._._.___ 1 •. � �-ane-- ---- - - - - --, { if a_cyl>l�porrate drtsq#o;, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by order of its board of directors. ---------- wood Homes.--Qf_-Por-t .A-------- . ill execulell,bY a,cerpuatlen,: y. .nix�er'eiote sialj ..--------- -... - D], Ce.4Q. . .... STATE OF gREGQ1V, )sa. STATE eF o2 EG N, Count��f.8 WaSh .t�tori................) ......--------------------.. .._- ----_-- County of ) Personally appeared ..___Dwight._E._...Haugen...................and ------.., 19.. ------ --•--•---••...............•----•- .................................................who, being duly sworn, i each for himself and not one for the other, did any that the former is the __ _ _ Personally appeared the above named ._.... ------_.. . {; .........Direc_tor........................_..__._..P tiaiaer,t 815i 1L0W1W1a7WX&CdW ----- f W oo-d - �o --• edgz� I Games-_.fl.f---P.ortlanl,-----Ince------ . corporlUion, ------ ----- and acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is },hs`oor"ate seal ment to be------------- ------.voluntary act and deed. of said corporation and that said instrument was sfg{ied Add sealed fn,be- I{ half of said corporation by authority of its board of directors;and each of I i the owl dged said instrument to be its vohrntary��pgt acrd deed. Before me: Be r { (OFFICIAL ...... .. -... .... ._..._.... ----- .....-_.......-._. - (OFFICIAL SEAL) ...... ... ..... ....-----..._... . SEAL) I Notary Public for Oregon of Public or Oregon 1 My commission expires: y commisalion ez irea:. p I�y-L 01 Wedgw.00d._..Homes._..of...Port land.,.....Inc- ._.._._ STATE OF OREGON I I 9_055.....S...W.•-----B.e.averton_..Hwy..............._... .... Par-t-1-arid. Oregon.----9.7.225-- ----...._.. . - ....- - County of Washington SS .__. - GRANTOR'S NAME AND ADDRESS i WEdC;4rt0Qd. Homes--_Of._P.O.rticlrid Inc.... I. Roger Thomssen Director,of Records r and Elections and Ex-Officio RecoMer of con-9-055-....S._.W--....Be-averton._.Hwy..........______._.. veyances for said county, do hereby certify that Portland- Oregon--.-----9-7225--------------................................. the within instrument of writing was•+received l i GRANTEE'S NAME AND ADDRESS SPACE RESERVE and recorded in book of records of said county. After resettling►Num to: FOR j ROGER THOMSSE:PI,Di�SCta of W RECORDER'S U: O ' _eagwQ.ga Homes of. Portland -_-Inc_,_-_--.--.-..-, 5 Records Elections 9055 S..W. Beave.rton_ Hwy.. _ ._......... Portland--------Ore-gore.-----972.2-5------------------------------------------ NAME,ADDRESS,ZIP Until a change is requested all tax statements shall besent to the following address. { Wedgwood Homes of Portland, Inc. TM1)EXE D --- -- - - - __---- --------------------------•---- ------ 905-5 ---S--:W� Beaverton Hwy. Portland, Oregon 97225 - ---------------------------------- N A M E --- -----------NAME.ADDRESS,ZIP �`��+� —8 9• 0 �' �},"/ F040 Nsr M"41111ANt1'plop individual or crrprrats'. 41 hYMrl`Nabb 4 AW PHIIl1bt11411 Ee .PeRT6ANer eh;lf#91 WARRANTY DEQ 810193 i KNOW ALL MEN BY THESE PRESENTS, That... edgwood...Homes oPorta . d,,. Inc. j --------------------------- ------- ----- -- - ---.. ..----- - --- ------------- --------------------------------......----. --------------------- ----- -------...-.. �! hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by.- Vedgwo.Q.d__Homes---_"- ------ - ---------of_Portland..._Inc..-- . . - � - - - ----------------- - ------- - - _..._ . -.. ---.._._._-------- --- -- - .., hereinafter called II the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that certain real property, with the tenements,hereditaments and appurtenances thereunto belonging or ap- pertaining, situated in the County of. _Washingtn--_.. and State of Oregon, described as follows, to-wit: Lot 37 and that portion of Lot 36, Morning Hill No. 1, Washington County, Oregon, . lying Westerly of a line j described as follows: Beginning at a point on the North line of said Lot 36 distant thereon North 88. 40' 55" West 26 feet from the Northeast corner of said Lot 36; thence South to 19105" West to ap .,,p f South line of said lot. ,a E-[ rs7 As AN A•-cr�.Wtl �TY AN EfFL",_T T� UPON THE TITLE TO ANY REAL VROPERT'' II .. --Pre THFRFIN - I� IIF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that frantor is lawfully seized in fee simple of the above granted premises,free from all encumbrances subject to th I ollowing: All conditions, restrictions, easements of record, including covenants and restrictions recorded fee79�-04534 # 9 and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. The true and actual consideration paid for this transfer, stated in terms of dollars, is $-._ --.-----------.-------- THowever, the actual consideration consists of or includes other property or value given or promised which is the wholeconsideration (in1ficate4hich) y.6*X4 pXK p93 In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to mace the provisions hereof apply equally to corporations and to individuals. In Witness Whereof, the grantor has executed this instrument this..----2......day of.---.. Tune........... ......_...,1S@1...; if a�cgrrpral,0 g;aritor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by order of its board'af directors. Wedgwood---Homes----o_f---Port land,----Inc................ a(Jll�n}x■c�asarp►cdribNy a cdrpertiae Director wa( ------ -- --- ----------- --------- .- ------. ---------- I STATE OF OREGON, )as STATE OF R N, County of.............. .................)sm• ........................................................ 19--81. .... ---------------------------------------------- 19---- --- Personally appeared --DWlght --E•-._H who, being duly sworn,County of ) i each for himself and not one for the other, did may that the former is the ' I Personally appeared the above named_-----_-.__..-.-..._. I ---------------------------------------------------.._... --------..._._.-.. .............................Director ���d�o]f�tr3ii�i16ic �I -- ---- of - ----- -------- --------------- ,-- . potation, I � •----•----.Homes..--of.---Portland_ Inc................. a nor ... and acknowledged the foregoing mstru- and that the seal affixed to the foregoing instrument i? the corpot/ttd seal ment to be--------------- --_-....__.._..-voluntary act and deed. of said corporation and that said instrument was#i&64-and sealed in be- half of said corporation by authority of its board of dkectors;andeach of th oknow dged sai 'nstrument to be its vofunfaty,,act and deed. I Before me: f _ (OFFICIAL ..... _ .. _......_........... -. . ...... ........-- SEAL) . ..... (OFFICI II Notary Public for Oregon tar Public for Oregon My commission expires: commission expires: Ke.dcYMood.....Homes-...-o.f....Poi't.l.and.......Lna.x .......... STATE OF OREGON J , 9.-0-5-5 S.,X..-..-..B.eaver.ton -Hw -- - �0� County of Washington SS P.or.tl.and.,.....Qregon 9722.5----- -----_._..-...................... GRANTOR'S NAME AND ADDRESS I, Roger Thomssen, Director of Records r Wedgwood o.f...-Port_land.,......Lnc_, and Elections and Ex-Officio-Recorder of Con- , i . ._-s- .. -��/11y5-, - -- - ............... f reify that the ment Por--_land-•.....Or-e-gpn-Beaverton-9.7-2 ADDRESS ------------------------------------ SPACE RESERVEI and arecord d innces for lubook of records of�i counved ------------ thin GRANTEE'S NAME d'county. Attar recardial,return to; FOR ROGER THOMS,§FNApiwtor of Wedgwood Homes ..of Portland, _I _ RECORDER'S us inc ---------- Records&tieccions U-5.5 -S,W Beaverton_Hwy.,-.. - - .........,.. Port-land-F-- D_r-e-gon-..._._9.7.2-25------------------------------------------------- NAME,ADDRESS,ZIP _. j UMtI a change is requested all tax statements shall be.:ant to the following addnts. I Wedgwood Homes of Portland, Inc. f�EXEQ 9055 S.W Beaverton Hwy. ------- ------- --- ---------------------------Oregon 97225 �9g� �(J�{ -� A .... - - --- - M NAME.ADDRESS ZIP 9: 0 1 - . ........... Ing E:XWI� T- 3 W A� 5DIVIS10 OP .01 LnT D, �.,,ALSO ---A-" V- -L L2Y TF M.,,:-AMDT�4 E' - W, � ,T 15 -,!-/4 OF V/ No /4 -. 7 -COU- GTON NT . 17 ISD Y, OR - CITY T f5y GlMTlL14L-/K C-NGIM22RING� , ....... c V, 10(9 -DON-:CDF A4a --4z�L2 0 1 / ...... (DCTOEEF2� 1976 : 17 ,6� 3 r -ft ED 1-�47 5,0 100,00. oo New. I-OT. I C>--15 aiz a- I AIL- �71LIVIN4G I or 0, �.o 53 5 Lr 50 , 6 49 51 T847-0 510 so� ,tap o, 04� , ` 2 48'()8 o45" t 57. zi -0, o, 8"oo)43o, $&?9 - 2 T t4 — .4s N 2 1 _ - - . T - 59,0 G o -37�0, 0 75,c:)o -41 �,et N 5 2 MOP 00 . 1 21-:2 A I.. I ------- _3&7� '50-07 C%01 e�cclx 5 4,0 50.3Z Zy :z 1 2 2 2 It. 'T .. . HAT iip, .,Z 0 oc', 'tJ�o®'� tVG "ILL- (4 55-97 o 0 V,�Wl ;-- $ L), " 1 .4 () S507 3 r- �� 8 Z8 .2 - ­ 7e,.C>f::,' ozgz 0 ' 6 27 0. 0• ay - s 49 904V C3?. ) r f I I I-- � j - 1� '.� - I , V) A7 T- . I . .. liz 14 , �!>a 7. -77- 4- ....... 10 7 75<D 05. 4 El/75.00 /YCP-)S C[7/RTI FICATC- -�al I w I ;F, z-s,P4.i vv wj 15 jO N T t5.t9 �Pl :t� - I I I I - PADIUS 02LTA 10, 0, -I e�o 01 0 — s I - - N) " 40 ZQ-.07 10 -7Z 'PZ�0& -T-: I 'o >( Z5 14 49 Z41 19. > . T. 515.i�59 U. Nt.. A1�ID.: :6. -tG.-tl ,. e �. . _1 it W . �? { a D_ 3:744t�7 lz n F70 I KIT E!;E-1 N c- X3:27 :UO - t0o .40. Mop' J-4 Dc-r - . - - �� 4z. -)o S;7, 157-�r6l 57-f=>O '4 lbol CA41 M�- Hil -N 7 7-�Z oc I 'jw. �f '7 -.7 SAX>- 1 �7y Ir5.00 :�)4--7 .19S, 7 -19 E57 !Z7 aNC St. 13,05 UI. 9.4. '�� T 9 c Ss .0/ ,E�5�1 rzje>.50-1 - D. -A) 1:7 CE oo 5e A 0GVR), - (70F14 —T+,, F' .20,76