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"
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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"
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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
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