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80-046723 ~ 72nd Avenue COP, AAW CITY OF TIGARD, OREGON ' ORDINANCE No. 80- AN ORDINANCE VACATING A PORTIOiv Or A CERTAIN REAR LOT EASEMENT IN 72ND AL'I;NU BUSINESS vL `xf : 5C'uL`IL'IIv.1, I ` THE CITY OF TIGARD, WASHINGTON COUN'T'Y, OREGON. THE CITY OF TIGARD ORDAINS AS FOL.—TOWS: Section 1 : The Ooilnci l findq than a rpsol.ution was adopted by the Council on October 26, 1980; relating to the vacation of the hereinafter described easement and that a public hearing was thereby called to be held on December 8, 1980, and that notice of said hearing was g!.ven as rct YTz r_v -1 hur C11—rte- 271 A-110, O.R.S. as set forth in said resolution. Section 2: The Council further finds that a public hearing as thereby , ca'_'_cd to b` _"Cly, .-ac, :?: '_y as.d regularly held at the regular Council meeting on Decem�bcr 8 , V.Jov , 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 there-Lo, iiu ('vt`+r...ie �ttrr�rtr r�r .�n that a majority of- the owners of the area Uy said proposed vacation; computed on the basis provided ire ^i. ptLz 271 . [""' n ,-, q . , 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 s,4,b8,tantially affect the market value of any abutting property. . Sectio.. 4: he Coucircil furl::er fi-n s 1-hat the public interest will not be prejudiced by the vacation of the hereinafter described easement and that the said land is not useful as part of the public street, iiity o;-. load 0yste��L cf tLLe City of Tigard and that it is in the public interest that said vacation be approved. Section 5 : The fn11n4na desnribed portion of said lot easement in 72r Ct,a4er Subdivision is hereby vacated and discoriLinued as Public ways : A portion of the rear lot utility easement, within platted Lot 5 of the 72nd Avenue Business Center, a subdivision of record in Washington County, Oregon, being more particularly described as follows : The northerly 5 .0 feet of the 20. 0 foot wide (utility easement) strip of land lying adjacent to, parallel with and on the northerly side of the southerly boundary line of Lot 5 in said subdivision, Section 6 : That the City Recorder be, and she is hereby authorized and r 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 OPnTNTAnT(tT+ ATn R(1— aZb '/ ---- —! 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 /ice, r .,,cCts vote of all Council memebers present, after being read two times by number and title only, this Z ,2-- day of 1980. City Re-Eo—rd 6r APPROVED: By the Mayor, this da ' y of ,1, .t, , 1980. r 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 PACE Z tt ORDINANCE No. 80--YL, D 33 97 ` Y`" lStu DSC 22 P 3: 38 January 2Y , ly -1 Mr, Frank Weigel , jr. Neirel Invcstnent CoMnY 6229 S .W. canyon Court Portland , Drepon 97221. Dear Ar. VOW : Mclosed is , h,,k in the smawt of R" . 55 for reimbursement of Your q175 ,0 deposit f9V vacst&� 9 Portion of a certain rear lot easewwt in Kno Avenue Business Center SoNivision. A copy of the recorded ordinance is enclosed. The follwin- is a list of the xpews enfor the above mentioreO tract of lard vacated . Deposit 0$7 5.0",: vacation permit fee —50 .0,' Wes advertisenept —49 .35 wanh ,Co, recordiQ; MAO TOTAL RMn !) 46M, If ,, h,,, any qvestiors , please contact this office . Sincerely, Doris Hartk City Necordcr DH Enc. January 16 , 1541 Dan Ynsar , Director Assessmont 0 Tomation Wnshinpton Co . Ministration Bld,,,, 150 N . First Hillsboro , oreaon 07123 Denr Kr. �ason : Enclosed plense find a certified copy of Ordinance No, W-96 M102 with vocating a portion of a certain rear lot ense-enr in 72nd Ave Buskess Contor lobdivi— Sion, in the City of Ward . If you Mvp any qqrstions , nNnso contmet this office . Sincerely , Doris Kart l-� City Pecordcr Cirf OF TIGARD WASHINGTON COUNTY,OREGON December 15, 1980 Mr. Frank. Weigel, Jr. Weigel Investment Co. 6229 S.W. Canyon Court Portland, Oregon 97221 Dear Mr. Weigel : Enclosed please find. a copy of Ordinance No. 80-96 vacating a portion of a certain rear lot easement in 72nd Avenue Business Center Subdivision. The original Ordinance was mailed to Washington County for record- ing ecording after which we will refund monies unused. If you have any questions in this matter please feel free to call us at 639®4171 . Sincerely, .Doris;,. Hartig City Recorder DH: lm Enc. 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 ------- --------------------- sxusr December 1 , 19% 11. Frank Weigel , jr. Wei el Investment Co. 6229 SW Canyon Court Portland, Oregon 97221 Dear Mr. Weigel : The Tigard City Council will hold q public hearing rejardin,,,: Lour request for an easement vacation in 72nd Avenue Business Center Subdivision on December K . 1900 at ? :00 P.P. The will he held at Fowler Junior High School , 10665 SW Walnut Street, Lecture Roo". if you have any questions regariNg this hear. iv,, please conan this oifice. Sincerely, Doris Aartkg City Rbcorder Do : &I AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ss. JOSEPH SCHAFER !: I, --------- - - _-- -------- --------- -------- --------- ------------------------------------ being -- -------- �# bein first duly sworn, depose and say that I am the g Y P Y Publisher _..-----------------_------ -___-- -_____ of The Tigard Times, a. newspaper of general circulation, as definedIt by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and state; that the legal notice, a g printed copy of which is hereto annexed was 5 successive and published in the entire issue of said newspaper for ---. . _ ___ " consecutive weeks in the following issues ------- __-_ .. _ ----------------------------------- F'thei'.h a � NOVEMBER _5_,-12.19_,26,-1980__& DECEMBER 3, 1980------ --------------- s. --- -- - - = ------ -------- t { ' kit 1�Y x�x�er a1C� 4 garb,this 27X1b�„ `„y Subscribed and sworn to before me this ----------- ---------------------- day of --- � tt ' , MTT 47,-1y -y-� PubUsh� il i 1)r�CEMI3ER 19__80. `^,jRWS�Ql� t', 9 i r 1p� #y 3r baa a!� r po -- - ------' -------- ' { att - Business meter awhiayiia1 pf aec Notary Public of Oregon1 to yvashiti tan G0u4�1 more particularly ___ desoribed'as"cwllcv+rs Tt�e uC�z iherease sett�st My commission expires ____,_. _ wide' ( Y . lying adjacent to,parallel wlth arld tin the northerly side of the southerly oto#lit## #, $ . gard,this 27 day of Octot D sJ Dc'y�'ts fUrtsg AFFIDAVIT OF POSTINGClty 1Ccskd i (TT 4 11 =- Pubi►ish Ntl� Dec. 3, 1980.) In the Matter of the Proposed Vacation of a part of a certain rear lot easement c-vu Dub , uenuer Subalvision STATE OF OREGON ) County of Washington) ss. City of Tigard ) I, Robert L. 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 _vacation of aparto a c'Prtai _ n rear lot easement in 72nd Ave Bus Center Sub a copy of said notice being hereto attached and be reference made a part hereof, on the 7th day of November , 1980 Placed first notice of vacation on a tree at the southwest corner of easement on lot 5 of 72nd Business Center recorded plat . Placed second notice on a tree approx 75 feet east of the first notice . Third notice went on a tree north of the second notice approx 15 feet Fourth notice went on the southeast corner of lot 5 of 72nd Business Center. 7 Subscribed and sworn to before me this tWay of November , 19 80 . 7 a NotAry Public for Oregon Affidavit of Posting My Commission Expires: . CITY OF TIGARD ------------- EXHIBIT "B" NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF A PART OF A CERTAIN REAR LOT EASEMENT IN THE 72ND AVENUE BUSINESS CENTER SUBDIVISION IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution of the City Council of Tigard adopted October 27, 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, December 8, 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 20 foot wide lot utility easement in the 72nd Avenue Business Center Subdivision in the City of Tigard, Washington County, Oregon. AREA TO BE VACATED: A portion of the rear lot utility easement, within platted Lot 5 of the 72nd Business Center a subdivision of record in Washington County, Oregon, being more particularly described as follows : The northerly 5.0 feet of the 20.0 foot wide (utility easement) strip o€ land: lying adjacent to, parallel with and on the northerly side of the southerly boundary line of lot 5 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 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 _2 day of October , 1980. Doris Hartig City Recorder TT Piibl Gh 11 /5 17 19; 96/80 c 19/1/80 T r EXHIBIT "A" ALIVED W N, -UT 2 UQ198o .1 N 0 JL OD co a v o Z 0 w N. 41 0 0 0 0 co 0 0 ot C) 0 d q 0 < n 0 LL) .7 ft- Y7 'ci,, 0 > 0 0 > r r 0 0 (r ir 0 0 0 0 00 a °00 °0 $ 888c° 8 $ 0 0 0 0 uj b C, b .0 00 ww 0 UL1J 0 0 .8.8 .8 o 0 , . 0 0 0 N 0 b b a, a, 0, 'n I Z cr Ul SS NW 0 Lc rvtoll 310 7d J WC, Lt r�l.0 0 0 Q Ln 'm ,r 43 0 CI z F- 0 or— ftp 0 z ;f J00-1 til A F= sz vp P�J 0 U) cr 013 ri ll z Lj I< J LU M S all I` 0. 0 0 LA 0 C, 0 0 0 . 0 0 2 ol < u col L) Z Of -9 to j1 J,1 < < C d�CC-, u > LID In zi dOOl 8 1 J 'MS 7! CUO C,0� 0 Pi 0 '0 Z,a I r. CA "S'a F .w CITY OF TIGARD, OREGON J RESOLUTION No. 80^ A RESOLUTION CONCERNING VACATION OF A PART OF A CERTAIN REAR LOT EASEMENT IN 72ND AVENUE BUSINESS CENTER 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 ' 20 foot wide rear lot easement dedicated to the public for utility purposes in the 72nd Avenue Business Center Subdivision, within the corporate boundaries of the City of Tigard, Washington County, Oregon; and WHEREAS, the northerly 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 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIGARD AS FOLLOWS: Section 1: "That the public nearing is hereby called to be held by the City Council of Tigard on Monday, December 8th, .1980 at 8:00 P.M. at Fowler Junior F-'igh 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 'nearing in the form hereto attached and by this reference made a part hereof, the first publication to be made on the 5th day of November, 1980 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 day of October, 1980. r o ` ATTEST: Recorder PAGE 2 RESOLUTION No. 80- CM-1 EXHIBIT "A" CEIVED T. ;,.-OCT 2 U-1980 0 0 0 w w m '1 0 ;r IG4D N ,e Z o o 0 0 0 0 0 m0.G O 0 - - 0 0 0 0 < LLJ e Q 7 0 LLJ 0 > > 00 0 'o 00 cr _j (r Z) b 0 'C 0 0 0 0 b o 0 o o 0 0 0 cc z 0 *0 'o b O 0 0 0 (11 0 0 0 8 8 0 S 0 jo 10 uj a ,Ah Q� OU c rt 0 4 A w 0. Lr) N mr)Ul CO 0 Aj ZI 41 %n UL 0Ott 51' 7.0o R-04 Z VS. LS z 0 J00*1 lill 'ri s u) 0 cr o u CL cr jo Z < U 0 'IS 811 0 C) LLJ >_ >1 < U ------------- ------- U..69-1 I Ll Z J]f OE- 0 4 u > iA c T _j N 0Y d001 81A M 3 FFOO os�_j S2, .1 OG 4 2 00,1 U'.� 00 NrQyl X02 L , '30tH E4 • EXHIBIT "B" NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF A PART OF A CERTAIN REAR LOT EASEMENT IN THE 72ND AVENUE BUSINESS CENTER SUBDIVISION IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution of the City Council of Tigard adopted October 27, 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, December 8, 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 20 foot wide lot utility easement in the 72nd Avenue Business Center Subdivision in the City of Tigard, Washington County, Oregon. AREA TO BE VACATED: A portion of the rear lot utility easement, within platted Lot 5 of the 72nd Business Center a subdivision of record in Washington County, Oregon, being more particularly described as follows: The northerly 5.0 feet of the 20.0 foot wide (utility easement) strip of-land. lying adjacent to, parallel with and on the northerly side of the southerly boundary line of lot 5 in said subdivisE�on. 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 _.g7, day of October , 1980. Doris Hartig City Recorder TT Publish 110, 9)„-6/80 & l.k/s/80 Et VSD l, or 6 l 4 U igao ("TY OF TIGARD October 14, 1980 WeigeZ Investment Co. 6229 S. W. Canyon Court PortZand, Oregon 97221 Attn: Mike Elliott Dear Mr. Elliott: GeneraZ TeZephone Company of the Northwest has no present or future requirements for the 20 ' utility easement on the south and east property Lines of the 72nd Street Business Center recorded on Page 2, Book 40 of the Washington County Records. CZint Hewitt FieZd Engineer CH:j b NORTHWEST NATURAL GAS COMPANY 123 N.W. FLANDERS STREET PORTLAND,OREGON 97209 (503)226-4211 October 15, 1980 Weigel Investments 6229 S. W. Canyon Court Portland, Oregon 97221 Attention: Mr. Mike Elliott Re: City of Tigard Easement on the south twenty feet of Lot 5 of 72nd Business Center Addition, Tigard Gentlemen: Northwest Natural Gas Company hereby releases all claim to the north five feet of the subject easement. ._...MVery�tru y ours -; J. J. Co SR/WA Right of Way Agent JJC:ej ;ll r TO: THE IiONORABLE P"tAYOR AND CITY COUNCIL R�CEIVED City of Tigard OCT � U 1980 County of Washington State of Oregon CITY OF TIGARD In the Matter of the vacation ) of lands d escr'ibed as : ) 72ND BUSINESS CENTER ) LOT 5 ) PETITION FOR VACATIt�:'v TAX MAP # 2S1 IDA ) TAX LOT # 1500 ) Petitioners hereby request that the hereinbelow vacated , for the following described reason(s) : In order to allow needed area for the construction of acomme _ezl office_. building and ample parking area. ( 1) That the undersigned is in fact the owner(s) or i;he cozy ,-!(-t- of the indicated property(s) . ( 2) That the undersigned represent tracts in or adjacent to � h7 � � . . area as hereinbelow described . ( 3) That the cost of this vacation is to be borne by the benefJ i.ed �,r ;o erties and in respect thereto respectfully show: That the area proposed hereby to be vacated by the ed owners/pure has ers comprises approximately ��� �-- acres , and is Leg,- i- describc>d hereinbelow (or on the attached sheet marked Exhibi ; t. "A" ,hic�z by refer-ince herein is made a part hereof ) and is illustrated on thcl attach(�d (1T,3wing marked Exhibit "B" (which by reference herein is 11-jadc w part her-, �( ,f ) : The Northerly 5 . 0 feet of the .Southrly .20_-_Q -feet -o-f__the__-Westerly 150 . 0 feet Lot 5 72nd Business _Centeraplat_t_-.9f_�Pcnr�l _ -esti-ars- -1 T-25 , - R1W, W.M. , Washington County, _Oregon __ 1111 r }_ 'URE; pc t iti oners pray that said lands be vacated as 1>>_ --1 1 C - quested and described and that the City Council of the City 01 F,�pe.dite proceedi-.cgs to that end as provided by law. Sinattire Address F _ _ + 6229 S .W. CANYON COURT � Map#Z S 1 IDA i - --P-0RTLAND, OREGON 97221- Tax Lot #150 1 f - -