2006-039846 ~ Pfaffle Street ~ 79th Avenue Washington County,Oregon 2006_039846
0` 0' '12006 10:57:19 AM
CrAn'! 8tna4 K BARNETT
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$ $6.00$11.00$100.00-Total a$147.00
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0093287520060039 600 )065
I,Jerry Hanson,Director of Assessment and Taxation
and Ex-Officio County Clerk for Washington County,
1' Oregon,do hereby certify that the wlthln Instrument of
writing was received and recorded In the book of
records of said county.
Jerry R.Hanson,Director ssessment and Taxation,
Ex-Offlclo County Clerk
After Recording, Return to:
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
Name of Transaction: VACATION
Ordinance No. 05-04:
An Ordinance concerning the Vacation of a public sewer utility easement of
approximately 476 square feet located at SW Pfaffle Street at SW 79 hAvenue in the
City of Tigard, Washinqton County, Oregon (VAC2004-00002)
CITY OF TIGARD, OREGON
ORDINANCE NO. 05- Oq
AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY
EASEMENT OF APPROXIMATELY 476 SQUARE FEET LOCATED AT SW PFAFFLE
STREET AT SW 79i1' AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON(VAC2004-00002).
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040
of the Tigard Municipal Code on January 11t1i, 2005, and has been recommended by the
Community Development Department; and
WHEREAS,the approximate 1,429 square foot public sewer easement had previously been granted
to the public;and
WHEREAS,the applicant has requested that the City of Tigard vacate a 476 square foot portion of
the 1,429 square foot sewer utility easement by reducing its width to the City's rnirumurn standard
of 10 feet from its present 15 foot width,as described in Exhibit C and shown in Exhibit D located
on property better known as 7935 SW Pfaffle; and
WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the
public health, safety or welfare,in consideration of realigned easement and reconstructed sewer line
using modern materials;and
WHEREAS, all affected service providers, including utility companies and emergency service
providers, have been given the opportunity to review the vacation proposal and have provided no
objections; and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all
owners u1 the affected area,as described by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, notice of the public Bearing
was posted in the area to be vacated and published in the newspaper;and
WI-M-REAS, the property owners of the majority of the area affected have not objected hi writing;
and
WHEREAS,the City Council having considered the request on February 8,2005, finds that it is in
the public interest to approve the request to vacate said portion of the public sewer easement as the
public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC
Section 15.08.130.
NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 476 square foot
portion of public right-of-way as shown and described in the attached Exhibits
"C" and "D" (legal descriptions and maps of the areas to be vacated), and by
this reference,made part thereof
PASSED: By urian►mous vote of all Council members present after being read by number
and title only,this '9 01 day of �u1U ,2005.
ORDINANCE NO.05-l2 Page 1 of 2
CADOMM-11Catli3,.0001LOCALS-11Temp\GWViewer\Attacliment 2-VAC2004-00002 Ord 2.doc
City Recorder—City of Tigard
APPROVED: By Tigard City Council this g day of — ,2005.
P
CraigDirksen,Mayor
Approved as to fonn:
ity Attorney
Date
Certified to he a true copy of the Original on file at City of
Tigard City Hull.
City Recorder, City of Tigard Date
ORDINANCE NO.05- D Page 2 of 2
Attachment 2-VAC2004-00002 Ord 2
OCT 22 2004 10:28 FR Z 503 233 7889 TC 132381138 P.02/83
EXHIBIT C
ZTec Enlgineers, Inc.
Civil + Structural ♦ Surveying
John McL Middleton P.E. Chris Flschbom P.L.S. Ronald b.Sellards P.E.
3737 5E a Avenue
Portland,Oregon 97202
503-235-8795—Fax 503733-7889
Email:chr!5@ztetengineers.com
pt�oher 21, 2004
VACATION OF A 5 FEET WIDE POR71ON OF A SEWER EASEMENT
A parcel of land, being a part of Lot 14 of the recorded Plat of Friendly Acres, located in the
southwest one-quarter of Section 36,Township 15outh, Range 1 West, of the Willamette Meridian, in the
City of Tigard, Washington county, Oregon. Said parcel of land also being the Easterly 5.00 feet of a
1Book 923,page 5'40foot velde ,WashingtonrCooi ntty deed recorthe dted s,and moreeparrti particularly described as fgency and recorded In all ws ay of 1373 in
Beginning at the Northwest corner of said Lot 14, thence South 88°48`54" East;, along the
Northerly line of said Lot 14 to a point that is 10.00 feet Fosteriy of when measured at right angles to the
Westerly line of said Lot 14, said point being the true point of beglMing of the parcel of land herein
described.
-hence South 001121100" West, parallel with and. 10.00 feet easterly of said Westerly line a
distance of 95.79 feet to a point:on the Northerly right of way line of said SW Pfatfie street,(.Washington
County Road No. 975); thence south 88"4830"East along said Northerly right of way line a distance of
5.00 feet to a point that is 15.00 feet Ealy of when measured at right angles to the Westerly line of
said lot 14}thence North 00121'00"East,parallel with the Westerly line of said Lot 14,a distance of 95.29
fee, to a point on the Northerly line of said Lot 14;thence North 68048'51)"West along said Northerly line
a distance of 5.00 feet to the true point of beginning.
Said Easement area contains an area of 476.45 square feet more or less.
4
OCT 22 z004 10:26 FR ZT 503 233 788S -TO '32301138 P.03f03
EXHIBIT A
* FRIENDLY ACRES "
TRUE POINT OF
P.O.B. DoT 15
S88'48'501 135.38' '
15' SEWER EASEMENT 251- .�
SENEFOG U.S,A.
RECORDED MAY 1973 I�
8K. 923, PG. 540 N ,,,
/�
im
W5
DEED (3) LOT 14
0
5 EASEMENT TO
BE VACATED
. ox
N88'4950V 114.38' +�
o �
S.W. PFAFFLE STREET
(CO. M. N0. 975)
GRAPHIC SCALE
30 p 15 30 6o 1Z4
I inch 30 ft
EAST EXHIBIT . Tec ENGINEERSy INC.
DATE: 10-21-04 IPLOT DATE: 10-21-04. PCaR73, o'�o 87H AVE.
DWG BY: & CHK BY: ,ilk F903) 2,35-6795
SHEET: IIF 1 PILE: L31791EXHr aY ih o
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CITY OF TIGARD, OREGON
ORDINANCE NO. 05- Dq
AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY
EASEMENT OF APPROXIMATELY 476 SQUARE FEET LOCATED AT SW PFAFFLE
STREET AT SW 79t1' AVENUE, IN THE CITY OF TIGARD, WASMNGTON COUNTY,
OREGON(VAC2004-00002).
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040
of the Tigard Municipal Code on January 11U', 2005, and has been recommended by the
Community Development Department; and
WHEREAS, the approximate 1,429 square foot public sewer easement had previously been granted
to the public;and
WHEREAS,the applicant has requested that the City of Tigard vacate a 476 square foot portion of
the 1,429 square foot sewer utility easement by reducing its width to the City's minimum standard
of 10 feet from its present 15 foot width,as described in Exhibit C and shown in Exhibit D located
on property better known as 7935 SW Pfaffle; and
WHEREAS, the said sewer utility easement, or portions thereof; are not necessary to advance the
public health, safety or welfare,in consideration of realigned easement and reconstructed sewer line
using modern materials;and
WHEREAS, all affected service providers, including utility companies and emergency service
providers, have been given the opportunity to review the vacation proposal and have provided no
objections; and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all
owners in the affected area,as described by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, notice of the public hearing
was posted in the area to be vacated and published in the newspaper;and
WHEREAS, the property owners of the majority of the area affected have not objected in writing;
and
WHEREAS,the City Council having considered the request on February 8,2005, finds that it is in
the public interest to approve the request to vacate said portion of the public sewer easement as the
public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC
Section 15.08.130.
NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 476 square foot
portion of public right-of-way as shown and described in the attached Exhibits
"C" and "D" (legal descriptions and maps of the areas to be vacated), and by
this reference,made part thereof.
PASSED: By Uron')rnaus vote of all Council membeis present after being read by number
and title only,this day of_fie 32005.
ORDINANCE NO.05--Qq— Page 1 of 2
C:IDOCL ME—I1Cafliy.000UACALS-11Temp\GVWiewer\Atmoliment 2-VAC2004-00002 Ord 2.doc V
City Recorder—City of Tigard
APPROVED: By Tigard City Council this g ' day of ,2005.
P
Cra D5Mayor
Mayor
Approved as to form:
'ty Attoniey
Date
ORDINANCE NO.05-_E�-- Page 2 of 2
Attach=nt 2-VAC2004-00002 Ord 2
OCT 22 2004 10:28 FR ZT2 583 233 7883 70 32381138 P.02f03
EXHIBIT C
.ZTec Engineers, Inc.
Vil + Structural ♦ Surveying
John MCL Middleton P.E.
Chris Flschwm PI.S. t2o'rrald b.SeIiards P.E.
3737 SE a Avenue
Portland,Oregon 972-02
503-235-87.95—Fax 503-233-7889
Email:chris@M=engineers.com
October 21, 2004
VACATION OF A 5 FEET WIDE PORTION OF A SEWER EASEMENT
A parcel of land, being a part of Lot 14 of the recorded Plat of Friendly acres, located in the
Southwest on-quarter of Section 36,TmMShip 1 SOUth, Range 1 West, of the Willamette Meridian, In#�e
C4 of Tigard, Washington County, Oregon. said parcei of land also being the Easterly 5.00 feet of a
15.00 foot wide Sewer Easement, benefiting the United Sewerage Agency and recorded in May of 1973 in
Book 973,Page 540,Washington County deed records,and more Particularly described as follows:
Beginning at the Northwest corner of said Lot 14, thence South 8804$`54" East, along the
Northerly line of said Lot 14 to a point that is 10.00 feet Easterly of when measured at right angles to the
Wesly line of said IA 14, said point tieing the true point of beginning of the parcel of land herein
described.
-)'hence South 00021'00ff West parallel with and. 10.00 feet EasWlY, of said Westerly line a
distance of 95.29 fest to a pant on the northerly right of way line of said SW Pfaffle street.(.Washington
County Road Pio. 975 a thence 0 feeeet�� teOV of when)ong sarid measured at right angles ht ofthe Westerly liline a e of
Of
5.40 feet tD a point that IS arallel wrth the West3edy line of said Lot 14,a distance of 95.29
Said lot 14;thence North 00°2i'00"Easy p
fee, to a point on the Northerly line of said Lot 14,thence North 88'48'50"West slang said Northerly line
a distance of 5,00 fimt tO the true point of begInning.
Said Easement area contains an area of 476.45 square feet more or less.
OCT 22 2004 10:28 FR' 77r, ' 503 233 7888 -TO 32381 138 P.031/03
EXHIBIT A
" FRIENDLY ACRES '
TRUE POINT OF
BEGINNING f'
P.O.B. LOT 15 I
151 SEW EASEMENT
BENEFOG U.S.A.
RECORDED YAY 1913 I�
BK. 923, PG. 540
Nui
N � i
im 9 ,=
DEM (3) im p lz� Lir 14
5' EASDiENT TO
BE VACATED
N8814$'SD'W 114.38' i
' b 1
S.W. PFAFFLE STREET
(co. M. N0. 975)
G'RAPMC SCALE
30 p 15 30 so 120
( MrZEr )
I inch - 30 ft
TITLE: EASEMEJVT EXHIBIT ZTec ENGINEERS, INC.
DATE: 10-21-04 PLOT DATE: 10-21-D4. 373� SF- 87H AVE.
CHK $Y ,W PORivf51031 058
795 7202
DWG BY: ,MN tt�o
SHEET: 1 nF 1 FILE: 131791W CLIENT: g S�rrs ar ih a
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CITY OF TIGARD, OREGON
ORDINANCE NO. 05-
AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY
EASEMENT OF APPROXIMATELY 476 SQUARE FEET LOCATED AT SW PFAFFLE
STREET AT SW 79" AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON (VAC2004-00002).
WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of
the Tigard Municipal Code on January I I th, 2005, and has been recommended by the Community
Development Department; and
WHEREAS, the approximate 1,429 square foot public sewer easement had previously been granted
to the public; and
WHEREAS, the applicant has requested that the City of Tigard vacate a 476 square foot portion of
the 1,429 square foot sewer utility easement by reducing its width to the City's minimum standard of
10 feet from its present 15 foot width, as described in Exhibit C and shown in Exhibit D located on
property better known as 7935 SW Pfaffle; and
WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the
public health, safety or welfare, in consideration of realigned easement and reconstructed sewer line
using modern materials; and
WHEREAS, all affected service providers, including utility companies and emergency service
providers, have been given the opportunity to review the vacation proposal and have provided no
objections; and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all
owners in the affected area,as described by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, notice of the public hearing was
posted in the area to be vacated and published in the newspaper; and
WHEREAS, the property owners of the majority of the area affected have not objected in writing;
and
WHEREAS, the City Council having considered the request on February 8, 2005, finds that it is in
the public interest to approve the request to vacate said portion of the public sewer easement as the
public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC
Section 15.08.130.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 476 square foot
portion of public right-of-way as shown and described in the attached Exhibits
"C" and "D" (legal descriptions and maps of the areas to be vacated), and by
this reference,made part thereof.
PASSED: By vote of all Council members present after being read by number
and title only,this day of 72005.
ORDINANCE NO.05- Page I of 2
Attachment 2-VAC2004-00002 Ord 2
City Recorder—City of Tigard
APPROVED: By Tigard City Council this day of 12005.
Craig Dirksen,Mayor
Approved as to form:
City Attorney
Date
ORDINANCE NO.05- Page 2 of 2
Attachment 2-VAC2004-00002 Ord 2
CITY OF TIGARD, OREGON
RESOLUTION NO. OS-
A RESOLUTION INITIATING VACATION PROCEEDINGS FOR A PUBLIC SEWER UTILITY
EASEMENT OF APPROXIMATELY 476 SQUARE FEET LOCATED AT SW PFAFFLE STREET @ SW
79"'AVENUE(VAC2004-00002).
WHEREAS, the public sewer utility easement of approximately 1,429 square feet had previously been
dedicated to the public;and
WHEREAS,the applicants have requested that the City of Tigard initiate vacation proceedings to vacate a 476
square foot portion of the 1,429 square foot sewer utility easement by reducing its width to the City's
minimum standard of 10 feet from its present 15 foot width,as described and shown in Exhibits"C"and"D";
and
WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the public
health, safety or welfare, in consideration of realigned easement and reconstructed sewer line using modern
materials; and
WHEREAS, the Tigard City Council finds it appropriate to initiate vacation proceedings for the requested
public utility easement.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 476
square foot portion of a 1,429 square foot sewer utility easement by reducing its width to
the City's minimum standard of 10 feet from its present 15 foot width, as described and
shown in Exhibits "C" and "D" and by reference,made a part hereof_
SECTION 2: A public hearing is hereby called to be held by the City Council on February 8, 2005 at
7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City
of Tigard, at which time and place the Council will hear any objections thereto and any
interested person may appear and be heard for or against the proposed vacation of said
public utility easements.
SECTION 4: This resolution is effective immediately upon passage.
PASSED: This day of �"� 2005
Mayor- ity of Tigard
ATTEST:
rve
City Recorder-City of Ti d
RESOLUTION NO.05-
Page 1
OCT 22 2004 10:28 FR ZTEC" 583 233 7885 TO 32381138 P.02/03 .
EXHIBIT C
.ZTec Engineers, Inc.
avil • Structural ♦ Surveying
John McL.Middleton P.E. Chris Fischbom P.LS. Ronald b.Seliards P.E.
3737 SE 0 Avenue
Portland,Oregon 97202
503-235-8795—Fax 503-233-7889
Email:chris@Aecengineers.com
October 21, 2004
VACATION OF A 5 FEET WIDE PORTION OF A SEWER EASEMENT
A parcel of land, being a part of Lot 14 of the recorded Plat of Friendly Acres, located In the
southwest one-quarter of Section 36,Township 1 South, Range 1 West, of the Willamette Meridian, In the
City of Tigard, Washington County, Oregon. Said parcel of land also being the Easterly 5.00 feet of a
15.00 foot wide Sewer Easement, benefiting the United Sewerage Agency and recorded in May of 1973 in
Book 923, Page 540,Washington County deed records, and more particularly described as follows:
Beginning at the Northwest corner of said Lot 14, thence South 88048'50ff East, along the
Northerly line of said Lot 14 to a point that is 10.00 feet Easterly of when measured at right angles to the
Westerly line of said Lot 14, said point being the true point of beginning of the parcel of land herein
described.
Thence South 00021'00" West, parallel with and 10.00 feet Easterly of said Westerly line a
distance of 95.29 feet to a point on the Northerly right of way line of said SW Pfaffle Street.(_Washington
County Road No. 975); thence South 88048W East along said Northerly right of way line a distance of
5.00 feet to a point that Is 15.00 feet Easterly of when measured at right angles to the Westerly line of
said lot 14;thence North 00°21'00"East, parallel with the Westerly line of said Lot 14, a distance of 95.29
fee, to a point on the Northerly line of said Lot 14; thence North 88°48'50"West along said Northerly line
a distance of 5.00 feet to the true point of beginning.
said Easement area contains an area of 476.45 square feet more or less.
OCT 22 2004 10:2B FR ZTEC 503 233 7889 -T0 F"'32381138 P.03/03
EXHIBIT D
i
" FRIENDLY ACRES °
POINT O
TRUE P ,
BEGINNING LOT 15 I
P.O.B. I
S88'48'50'E 135.38'
15' SEWER EASEMENT
BENEF I NG U.S.A.
RECORDED MAY 1973
BK. 923, PG. 540
N N��
M obi(/Q7ll
DEED (3) {/ $
D�`' LOT 14 C�
a O E-4
O�
N O O
O N
z oca
5 EASEMENT TO y
BE VACATED '
N88'4950°W 114.38' �I
l
o �
e-7
S.W. PFAFFLE STREET
(CO. R0. N0, 875)
GRAPHIC SCALE
30 0 15 30 60 120
( IN FEET
1 inch = 30 #t.
TITLE: EASEMENT EXHIBIT Z'Tec ENGINEERS, INC.
DATE: 10-21-04IFII
PLOT DATE: 10-21-04. 3737 �E- 8TM AVE-
PORTLAND OREGON 97202
DWG BY: , 1}JCHK $Y: ,JM (503) 235-$795
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NOTICE TO MORTGAGEE,LIENHOLL,�R,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD
Community 0everopment
SrmpingA Better Community
CITY OF TIGARD
NOTICE OF EASEMENT VACATION & PUBLIC NEARING
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY
FEBRUARY 8, 2005 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO.: VACATION (VAC) 2004-00002
FILE TITLE: PFAFFLE @ 79TH AVENUE PUBLIC SEWER EASEMENT VACATION
PETITIONER: Sam Martindale
2927 SW Dickinson Street
Portland, OR 97219-7560
REQUEST: The applicant is requesting that the City of Tigard City Council vacate an approximate
476 square foot portion of a 1,429 square foot public sewer easement by reducing its
width to the City's minimum standard of 10 feet from its present 15-foot width.
LOCATION: 7935 SW Pfaffle Street; WCTM 1 S136CA, Tax Lot 3300.
DATE REQUEST WAS FILED: October 25, 2004
THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON JANUARY 11, 2005 BY SETTING A
FORMAL PUBLIC HEARING DATE OF FEBRUARY 8, 2005 (Resolution No. 05-01). ANY INTERESTED
PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC
EASEMENT VACATIONS. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH
THE CITY RECORDER BY FEBRUARY 8, 2005 BY 7:30 PM.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY
WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438
(VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN
ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE,
OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. IF YOU WANT TO
INSPECT THE FILE, PLEASE CALL AND MAKE AN APPOINTMENT WITH EITHER THE PROJECT PLANNER
OR THE PLANNING TECHNICIANS. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF
THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE
OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR
COPIES AT THE TIME OF THE REQUEST.
e—
FOR FURTHER INFORMATION,- .,LEASE CONTACT THE CITY REORDER OR MORGAN TRACY,
ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD,
OREGON 97223, OR BY EMAIL TO MORGAN(cD-CI.TIGARD.OR.US.
O O O C TIGARD
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w PFAffLE @ 79TH AVENUE
a SEWER EASEMENT VACATION
w 7935 SW Pfaffle St
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TlgWd.OR 97223
(503)63"171
Plot date:Dec 21,2004;C:\magic\MAGIC03.APR
Community Development
.o
CITY OF TIGARD, OREGON
RESOLUTION NO. 05- (V--
A RESOLUTION INITIATING VACATION PROCEEDINGS FOR A PUBLIC SEWER UTILITY
EASEMENT OF APPROXIMATELY 476 SQUARE FEET LOCATED AT SW PFAFFLE STREET @ SW
79"'AVENUE(VAC2004-00002).
WHEREAS, the public sewer utility easement of approximately 1,429 square feet had previously been
dedicated to the public;and
WHEREAS,the applicants have requested that the City of Tigard initiate vacation proceedings to vacate a 476
square foot portion of the 1,429 square foot sewer utility easement by reducing its width to the City's
minimum standard of 10 feet from its present 15 foot width,as described and shown in Exhibits"C"and"D";
and
WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the public
health, safety or welfare, in consideration of realigned easement and reconstructed sewer line using modern
materials; and
WHEREAS, the Tigard City Council finds it appropriate to initiate vacation proceedings for the requested
public utility easement.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 476
square foot portion of a 1,429 square foot sewer utility easement by reducing its width to
the City's minimum standard of 10 feet from its present 15 foot width, as described and
shown in Exhibits "C" and "D" and by reference,made a part hereof.
SECTION 2: A public hearing is hereby called to be held by the City Council on February 8, 2005 at
7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City
of Tigard, at which time and place the Council will hear any objections thereto and any
interested person may appear and be heard for or against the proposed vacation of said
public utility easements.
SECTION 4: This resolution is effective immediately upon passage.
L'/1
PASSED: This day of 2005
Mayor-"-'C'ity of Tigard
ATTEST:
C�t
City Recorder-City of Tigard
RESOLUTION NO.05- v 02
Page I
OCT 22 2004 10:28 FR ZTEr 503 233 7889 TO - 132381138 P.02/03
EXHIBIT C
.ZTec Engineers, Inc.
Civil • Structural ♦ Surveying
John McL Middleton P.F. Chris Fischbom P.L.S. Ronald b.Sellards P.E.
3737 SE 8`'Avenue
Portland, Oregon 97202
503-235-8795—Fax 503-733-7889
Email: chris@ztecengineers.com
October 21, 2004
VACATION OF A 5 FEET WIDE PORTION OF A SEWER EASEMENT
A parcel of land, being a part of Lot 14 of the recorded Plat of Friendly Acres, located In the
Southwest one-quarter of Section 36,Township 1 South, Range 1 West, of the Willamette Meridian, In the
city of Tigard, Washington County, Oregon. Said parcel of land also being the Easterly 5.00 feet of a
15.00 foot wide Sewer Easement, benefiting the United Sewerage Agency and recorded in May of 1973 in
Book 923, Page 540,Washington County deed records, and more particularly described as follows:
Beginning at the Northwest corner of said Lot 14, thence South 88°48'50" East, along the
Northerly line of said Lot 14 to a point that is 10.00 feet Easterly of when measured at right angles to the
Westerly line of said Lot 14, said point being the true point of beginning of the parcel of land herein
described.
Thence South 00°21'00" West, parallel with and 10.00 feet Easterly of said Westerly line a
distance of 95.29 feet to a point on the Northerly right of way line of said SW Pfaffle street(.Washington
County Road No. 975 ); thence South 88°4850" East along said Northerly right of way line a distance of
5.00 feet to a point that is 15.00 feet Easterly of when measured at right angles to the Westerly line of
said lot 14;thence North 00°21'00"East parallel with the Westerly line of said Lot 14, a distance of 95.29
fee, to a point on the Northerly line of said Lot 14; thence North 88*48'50o West along said Northerly line
a distance of 5.00 feet to the true point of beginning.
Said Easement area contains an area of 476.45 square feet more or less.
OCT 22 2004 10%28 FR ZTEC 503 233 78B9 TO -'132381136 P.03/03
EXHIBIT D
i
" FRIENDLY ACRES "
I OF
POT O
N
BEGINNING
P.Q.B. LOT 15 I
S88'48500E 135.38' T 15 SEWER EASEMENT / 25'-
BENEF17ING U.S.A.
RECORDED MAY 1973
Fir
BK. 923, PG. 5411 t�
CV N
DEED (3) V 8
8 �D�`' LOT 14
ell
O N p
5 EASEMENT TO `n
BE VACATED
N88'48'50'W 114.38'
o
i
S.W. PFAFFLE STREET
(CO. R0. N0, 875)
GRAPHIC SCALE
30 0 15 30 60 120
IN Fm )
1 inch - 30 it
T1TLE; EASEMENT EXHIBIT Z'TQC ENGUNEERS, INC.
DATE: 10-21-04 PLOT DATE. 10-21-04 3737 S.E. 87H AVE.
PORTLAND OREGON 97202
DWG BY: JHH CHK BY: JM (503) 235-8795
SHEET: 1 17 1 BILE. 017s1FXN a-m aY ih e
CL3ENT: * TOTRL PAGE.003 *x
Greeter: Liz Newton
' cry ay, ir �3. TV11-12 Lynx
CITY OF TIGARD
x
OREGON
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).
If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda
item. Citizen Communication items are asked to be two minutes or less. Longer matters can
be set for a future Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present
by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard
in any order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting.
Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD -
Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;
and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow
as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the
Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-
684-2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA — JANUARY 11, 2005 Page 1
AGENDA
TIGARD CITY COUNCIL MEETING
JANUARY 11, 2005
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order by Mayor-Elect Dirksen - City Council a Local Contract Review
Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1 .5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. OATH OF OFFICE CEREMONY
Terms of Office: Mayor Dirksen - January 1, 2005 to December 31, 2006 and
Councilors Harding and Woodruff— January 1, 2005 to December 31, 2008
➢ Municipal Court Judge Michael O'Brien will administer the Oaths of Office to:
• Mayor Craig Dirksen
• Councilor Tom Woodruff
• Councilor Sally Harding
7:40 PM
3. INAUGURAL REMARKS
• Councilor Sally Harding
• Councilor Tom Woodruff
• Mayor Craig Dirksen
7:55 PM
4. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
• Tigard High School Student Envoy Nikki Pham
• Tigard Area Chamber of Commerce Dan Murphy
• Follow-up to Previous Citizen Communication
8:05 PM
5. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may request that an item
be removed by motion for discussion and separate action. Motion to:
5.1 Approve Council Minutes for November 16 and 23, 2004
5.2 Receive and File
a. Council Calendar
b. Tentative Agenda
COUNCIL AGENDA — JANUARY 11, 2005 Page 2
5.3 Initiate Vacation Proceedings for Two Separate Public Sewer Easements at SW
Frewing Street/Pacific Highway and SW Pfaffle Street/SW79th Avenue —
Resolution No. 05- and Resolution No. 05-
5.4 Approve Intergovernmental Agreements with the City of Tualatin,
Washington County and the Oregon Department of Transportation for
Bridgeport Village Development
•Consent Agenda - Items Removed for Separate Discussion: Any items requested to be
removed from the Consent Agenda for separate discussion will be considered immediately
after the Council has voted on those items which do not need discussion.
8:10 PM
6. RECOGNIZE THE TIGARD YOUTH ADVISORY COUNCIL
a. Staff Report: Liz Newton, Assistant to the City Manager
b. Council Discussion
C. Council Consideration: Resolution No. 05-
8:20 PM
7. CONSIDER EXPANSION OF THE COMMITTEE FOR CITIZEN INVOLVEMENT
a. Staff Report: Jim Hendryx, Community Development Director
b. Council Discussion
C. Council Consideration: Resolution No. 05-
8:30 PM
8. COUNCIL LIAISON REPORTS
8:40 PM
9. NON AGENDA ITEMS
8:50 PM
10. ADJOURNMENT
i\adm\cathy\cc\2005\050111 Aoc
Please sta,4 a»b joiN the Tigarb Cit4 Cow»cil for a Special
Reception to Corgratwlate Rece"tl,41`lecteb
Ma,vjor Dirltse" ars Cowl"cilors Harbi>"g awb Woobrt ff!
COUNCIL AGENDA — JANUARY 11, 2005 Page 3
AGENDA ITEM#
FOR AGENDA OF January 11,2005
CITY OF TIGARD,OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Initiate vacation proceedings for two separate Dubliceasements. VAC2004-00002 .
r 5 / /
PREPARED BY: Morgan Tracy DEPT HEAD OK / MGR OK
ISSUE BEFORE THE COUNCIL
Should the City Council initiate vacation proceedings and schedule public hearings for two separate public sewer
easements? The first is a public sewer easement of approximately 1,248 square feet located at SW Frewing and
Pacific Highway,and the second is a public sewer easement of approximately 476 square feet located at SW Pfaffle
Street and SW 79'x'Avenue.
STAFF RECOMMENDATION
It is recommended that Council initiate vacation proceedings for the two sewer utility easements by passing the
attached Resolutions (Attachments 2 and 3). A public hearing before council would then be held February 8,
2004.
INFORMATION SUMMARY
In the City vacation process there are two ways of initiating the vacation of streets, easements and other public
dedicated areas. An applicant may file a vacation petition with the City Council, which initiates a vacation by
passing a Resolution to schedule a formal public hearing to consider such requests. The second option is for an
applicant to file a petition with the Planning Commission requesting a vacation. This requires signatures of all
abutting property owners and of the owners of two-thirds of the properties affected by the vacation. The Planning
Commission then makes a recommendation to the City Council based on compliance with the Comprehensive Plan.
The applicants are asking the City Council to initiate the vacation proceedings and schedule the required public
hearing.
This application is a combined request to initiate two separate public utility easement vacations. The first
easement (Massih) is on property located at the southeast corner of SW Frewing Street and SW Pacific
Highway. The property was recently approved for commercial development (SDR2004-00001). An existing
sewer easement is located under the middle of the proposed new building. This easement serves the parcel to
the north. The applicant has proposed a realigned sewer easement (Attachment 4) around the proposed
building and will construct a new line in the new location as part of the development. Dedication of the
easement and construction of the line will be a precondition of this vacation request.
The second easement(Martindale) is located at the northwest corner of SW Pfaffle Street and SW 79th Avenue.
The lot was recently partitioned (MLP 2004-00003). The easement at this location was established as a
15-foot-wide sewer easement. Current city standards only require a 10-foot-wide easement for sewer service.
The applicant has requested that a 5-foot-wide portion of the present 15-foot-wide sewer easement be vacated.
The resulting 10-foot-wide easement will be adequate for city maintenance requirements, and furthermore, the
applicant has proposed constructing the new sewer line with modern materials to minimize the need for future
maintenance.
If the Council agrees to initiate the public easement vacations, separate public hearings will be concurrently
scheduled, and notices posted pursuant to state law. If after the public hearings these vacations are granted, the
approved developments may proceed, and properly aligned public sewer utility easements will be established.
OTHER ALTERNATIVES CONSIDERED
Deny the initiation requests, and require the applicants to utilize the petition process for vacating the subject
easements.
Take no action at this time.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not applicable.
ATTACHMENT LIST
Attachments: Attachment 1: Letters Requesting Initiation of the Easement Vacations
Attachment 2: Resolution Initiating Vacation Proceeding(Massih)
Exhibit A: Legal Description(Massih)
Exhibit B: Site Plan (Massih)
Attachment 3: Resolution Initiating Vacation Proceeding(Martindale)
Exhibit C: Legal Description(Martindale)
Exhibit D: Site Plan(Martindale)
Attachment 4: Proposed Easement Dedication Agreement(Massih)
FISCAL NOTES
There are no direct fiscal impacts as a result of this request as all costs will be paid by the applicant.
CITY OF TIGARD, OREGON
RESOLUTION NO. 05-
A RESOLUTION INITIATING VACATION PROCEEDINGS FOR A PUBLIC SEWER UTILITY
EASEMENT OF APPROXIMATELY 476 SQUARE FEET LOCATED AT SW PFAFFLE STREET @ SW
79°i AVENUE(VAC2004-00002).
WHEREAS, the public sewer utility easement of approximately 1,429 square feet had previously been
dedicated to the public; and
WHEREAS,the applicants have requested that the City of Tigard initiate vacation proceedings to vacate a 476
square foot portion of the 1,429 square foot sewer utility easement by reducing its width to the City's
minimum standard of 10 feet from its present 15 foot width, as described and shown in Exhibits"C"and "D";
and
WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the public
health, safety or welfare, in consideration of realigned easement and reconstructed sewer line using modern
materials; and
WHEREAS, the Tigard City Council finds it appropriate to initiate vacation proceedings for the requested
public utility easement.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 476
square foot portion of a 1,429 square foot sewer utility easement by reducing its width to
the City's minimum standard of 10 feet from its present 15 foot width, as described and
shown in Exhibits "C" and "D" and by reference,made a part hereof.
SECTION 2: A public hearing is hereby called to be held by the City Council on February 8, 2005 at
7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City
of Tigard, at which time and place the Council will hear any objections thereto and any
interested person may appear and be heard for or against the proposed vacation of said
public utility easements.
SECTION 4: This resolution is effective immediately upon passage.
PASSED: This day of 2005.
Mayor- City of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO.05-
Page 1
OCT 22 2004 10:28 FR ZTEW"", 503 233 7889 T "'5032381138 P.02/03
EXHIBIT C
.ZTec Engineers, Inc.
Civil • Structural ♦ Surveying
Sohn Md- Middleton P.E. Chris Fischbom P.L.S. Ronald b. Seliards P.E.
3737 SE a Avenue
Portland,Oregon 97202
503-235-8795—Fax 503-233-7889
Email: chris@ztecengineers.com
October 21, 2004
VACATION OF A 5 FEET WIDE PORTION OF A SEWER EASEMENT
A parcel of land, being a part of Lot 14 of the recorded Plat of Friendly Acres, located in the
Southwest one-quarter of Section 36,Township 1 South, Range 1 West, of the Willamette Meridian, in the
City of Tigard, Washington County, Oregon. Said parcel of land also being the Easterly 5.00 feet of a
15.00 foot wide Sewer Easement, benefiting the United Sewerage Agency and recorded in May of 1973 in
Book 923, Page 540, Washington County deed records, and more particularly described as follows:
Beginning at the Northwest corner of said Lot 14, thence South 88°48'50" East, along the
Northerly line of said Lot 14 to a point that is 10.00 feet Easterly of when measured at right angles to the
Westerly line of said Lot 14, said point being the true point of beginning of the parcel of land herein
described.
Thence South 00021100" West, parallel with and 10.00 feet Easterly of said Westerly line a
distance of 95.29 feet to a point on the Northerly right of way line of said SW Pfaffle Street (Washington
County Road No. 975 ); thence South 88°4830" Fast along said Northerly right of way line a distance of
5.00 feet to a point that is 15.00 feet Easterly of when measured at right angles to the Westerly line of
said lot 14; thence North 00°21'00"East; parallel with the Westerly line of said Lot 14, a distance of 95.29
fee, to a point on the Northerly line of said Lot 14; thence North 88048'50"West along said Northeriy line
a distance of 5.00 feet to the true point of beginning.
Said Easement area contains an area of 476.45 square feet more or less.
OCT 22 2004 10:28 FR ZTEC 503 233 7889 TO 8032381138 P.03iO3
EXHIBIT D
" FRIENDLY ACRES "
TRUE POINT 0F
I
BEGINNING
P.O.B. LOT 15
S88'48'507E 135.38'
T
15 SEWER EASEMENT / 25'
BENEFITING U.S.A.
RECORDED MAY 1973 !!�/
N w
BK. 923, PG. 540 cm a,
Lo ptoj(/C�
DEED (3) I/
Lar 14 � rl
Em-4 Z�
Z O��
5 EASEMENT In � �
BE VACATED v
9 �� cn
/ I
N88'48'50V 114.38'
I
o �
S.W. PFAFFLE STREET
(CO. RD. NO, 975)
GRAPHIC SCALE
30 0 15 30 60 120
( IN FMT
I inch - 30 it"
111LE: EASEMENT EXHIBIT ZTec EN VEERS, INC.
DATE: 10-21-04 PLOT DATE: 10-21-04 3737 S.E. Mi AVE.
PORTLAND OREGON 97202
DWG BY: JHH CHK BY: JM (503 235-5795
SHEET: t nF t FILE. L31791EXH5"-m �cr ih
CLIENT: ** TOTAL PAGE.003 **
ATTACHMENT 4
VACATED SANITARY SEWER EASEMENT EXHIBIT
PACIFIC PARK PLAZA
SW FREWING STREET
SCALE: 1"=40'
EASEMENT
DEDICATION
AGREEMENT(MASSIH)
ZA
TL 2900 0 50
6897 SF
i FF=200.0
i
�O UPPER STORY
\ 2984 SF \ I O,
TL 2800 / !
!TL 3200
/NEW ESMT
�.REGISTERED
PROFESSIONAL
LAND SURVEYOR
\as
ORE ON °>
JULY 16, 1987 �a
THOMAS P. SWART
2312 Welkin Engineering, P.C.
PLANNERS,CIVIL ENGINEERS,AND SURVEYORS
8000 S.W.PFAFFLE STREET,PORTLAND,OREGON 97223
PHONE(503)598-1866 FAX(503)598-1868
LEGAL DESCRIPTION
VACATE SANITARY SEWER EASEMENT
MASSIH PROPERTY
The following described real property situated in the State of Oregon, County of Washington,
City of Tigard being a portion of Lot 21, Frewing Orchard Tracts, situated in the Northwest
quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian;
An easement for sanitary sewer, 10.00 feet in width, the center of which is described as follows;
Beginning at a 5/8" iron bar marked"O.D.O.T" in the centerline of Pacific Highway and running
thence North 45° 39' 01" East along said centerline a distance of 205.24 feet to it's intersection
with the centerline of S.W. Frewing Street; Thence South 530 16' 00" East along said centerline a
distance of 153.94 feet; Thence North 45° 48' 00" East a distance of 20.25 feet to the true point
of beginning of the tract herein described; Thence North 450 48' 00" East, a distance of 124.84
feet to the end of this easement.
FiEGt
PROFESSIONAL
LAND SDRVEYOR
OREGON
JULY 16, X987
THOMAS P, SWARr
2312
equest to Schedule a Council Agenda Item
- File zt?ith Cathy Wheatley or email to #Agenda - +��-
alt
g Date 1 04 11! Packet Material Dui 4 5 p.m.
Agenda Topic (state as you want the title to appear on the agenda)
Frewing Street @ Pacific Highway and Pfaffle Street @ 79th Avenue Public Sewer
Easements Vacation Initiation (VAC2004-00002)
Meeting Type/Item Placement Item Information (check all that apply)
Business -Executive Session ❑ Local Contract Review Board ❑
Business - Business Meeting ❑ Motion requested (specify below) ❑
Business - Consent Agenda ❑x Ordinance ❑
Business -Study Meeting ❑ PowerPoint presentation ❑
Special ❑ Public Hearing ❑
Special - Executive Session ❑ Public Hearing- Informational ❑
Workshop ❑ Public Hearing- Legislative ❑
Public Hearing - Quasi-Judicial ❑
Receive and File ❑
Resolution 0
Estimated time needed at meeting (not required for consent agenda)
Staff contact person(s) Morgan Tracy
If a motion (other than an ordinance or resolution) is requested, please specify "Should
Council initiate vacation proceedings for an approximate 1,248 square foot public sewer
easement, and an approximate 476 square foot portion of a public sewer easement?
If a legal ad is required, please specify your publication date N/A
Other information/instructions N/A
Remember to submit an Agenda Item Summary and
Fact Sheet with your packet materials.
Request to Schedule a Council Agenda Item
- File with Cathy Wheatley or email to #Agenda -
ee i g Date 2/8/05 Packet Material Due 1/25/05 at 5 p.m.
Agenda Topic (state as you want the title to appear on the agenda)
Frewing_Street @ Pacific Highway and Pfaffle Street @ 79th Avenue Public Sewer
Easements Vacation (VAC2004-00002)
Meeting Type/Item Placement Item Information (check all that apply)
Business-Executive Session ❑ Local Contract Review Board ❑
Business - Business Meeting ❑x Motion requested (specify below) ❑
Business -Consent Agenda ❑ Ordinance ❑x
Business -Study Meeting ❑ PowerPoint presentation ❑
Special ❑ Public Hearing ❑x
Special - Executive Session ❑ Public Hearing- Informational ❑
Workshop ❑ Public Hearing- Legislative ❑
Public Hearing- Quasi-Judicial x❑
Receive and File ❑
Resolution ❑
Estimated time needed at meeting (not required for consent agenda)15 Minutes
Staff contact person(s) Morgan Tracy
If a motion (other than an ordinance or resolution) is requested, please specify "Should
Council-N/A
If a legal ad is required, please specify your publication date 1/20/05 & 1/27/05
Other information/instructions N/A
Remember to submit an Agenda Item Summary and
Fact Sheet with your packet materials.
AFFIDAVIT OF MAILING CITY OFTIGARD
Community Development
ShapingA Better Community
1, Patricia L. Gun#W, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for
the City of Tigard, 'Washington County, Oregon and that I served the following:
(Check Appropriate Box(s)Below)
Z NOTICE OF FINAL ORDER FOR:L77 VA(2004 00002/PFAFFLE STREET ea I9T" AVENUE SEWER EASEMENT VACATION
❑ AMENDED NOTICE (File No./Name Reference)
HEARING BODY: HEARING DATE:
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
® Tigard City Council (2/8/2005)
A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B",and by reference made a part
hereof, on February 23,2005, and deposited in the United States Mail on February 23,2005, postage prepaid.
i
(Person thg1t0repared Notice
SZM2 OAF'04 GON )
Couni4oWasfii�q�
)Ss.
�' � ) "�
Subscribed and sworn/affirmed before me on the day of , 2005.
OFFICIAL SEAL
SUE ROSS
NOTARY PUBLIC-OREGON
COMMISSION N0.375152
My COMMISSION EXPIRES DEC.1,2007
My Co is ion Expires:1C�`
EXHIBIT.. ..
CITY OF TIGARD, OREGON
ORDINANCE NO. 05- Oil
AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY
EASEMENT OF APPROXIMATELY 476 SQUARE FEET LOCATED AT SW PFAFFLE
STREET AT SW 79"' AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON(VAC2004-00002).
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040
of the Tigard Municipal Code on January 11�', 2005, and has been recommended by the
Community Development Department; and
WHEREAS,the approximate 1,429 square foot public sewer easement had previously been granted
to the public;and
WHEREAS,the applicant has requested that the City of Tigard vacate a 476 square foot portion of
the 1,429 square foot sewer utility easement by reducing its width to the City's minimum standard
of 10 feet from its present 15 foot width, as described in Exhibit C and shown in Exhibit D located
on property better known as 7935 SW Pfaffle; and
WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the
public health, safety or welfare, in consideration of realigned easement mid reconstructed sewer line
using modern materials; and
WHEREAS, all affected service providers, including utility companies and emergency service
providers, have been given the opportunity to review the vacation proposal and have provided no
objections; and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all
owners in the affected area,as described by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, notice of the public hearing
was posted in the area to be vacated and published in the newspaper;and
WHEREAS, the properly owners of the majority of the area affected have not objected in writing;
and
WHEREAS,the City Council having considered the request on February 8,2005, fnids that it is in
the public interest to approve the request to vacate said portion of the public sewer easement as the
public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC
Section 15.08.130.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard. City Council hereby orders the vacation of said 476 square foot
portion of public right-of-way as shown and described in the attached Exhibits
"C" and "D" (legal descriptions and maps of the areas to be vacated), and by
this reference,made part thereof
PASSED: By ltnoni rma is vote of all Council members present after being read by number
and title only,this 's Lh day of , 2005.
ORDINANCE NO.05-041 Page 1 of 2
C.\DOCUME-11Cafliy.0001LOCACS-11TemP1GWViewei-\Attachment 2-VAC2004-00002 Ord 2.doc
City Recorder—City of Tigard
APPROVED: By Tigard City Commcil this g ' day of :.P�'Q�t-[�( ,2005.
P
"'4 V-J
Cra Dirksen,Mayor
Approved as to fonn:
4itly Attoniey
Date
ORDINANCE NO.05- t Page 2 of 2
Attachment 2-VAC2004-00002 Ord 2
OCT''22 2004 10:28 FR ATF 503 233 7885 TO '`'93238 1 1 38 P.9Zf03
1 EXHIBIT C
zTec Engineers► Inc.
Civil + St;,ruaural ♦ Surveying
lghrj McL Middleton P.B.
Gillis Plschbom P.L.S. Rohaid b.Seilards P.E.
3737 5E a Avenue
Portland,Oregon 97202
503-235-87.95—Fax 503-233~7889
Ercall:chr;s@ztecengineers.com
October 21, 2004
VACATION OF A 5 FEET WIDE PORTION OF A SEWER F.ASEMBM"
being a part of Lot 14 of the recorded plat of Friendly Acres, located In the
A parcel of land,
Southwest one-quarter of Section 36,Tow said
15outh, Range 1 ltlrest, of the Willamette Medifeet an, roof a
Oregon. Said p� of land also being the Easterly 5.
G-ty of Tigard, Washington County, and recorded in May of 1973 in
15.00'foot wide Sewer Easement, benefitiaeed eoordsthe aanmoreepaarrti particularly described as follows:
Book 923,Page 540,Washington County
Beginning at the
Northwest corner of said Lit 14,
thence South 88°48`50" East:, along the
Northerly line of said Lot 1.4 to a point that is 10.00 e true pa�t of iegedy of hnn ny of the paren measured at cel of land he les to in
Westerly line of said Lot 14, said point being .
described.
parallel wi#i and. 1.0.00 feet lrast3erlY
of said Westerly line a
-(hence South 00°21,00" West, par Une of said SW Pfaffle Street(.Washington
distance of 95.29 fest to a point on the Northerly right of way
county Road Pio. 975); thence south S8°4$'S east of whenl measured atrighthedy angles t y 11 Westerly line of
5.00 feet to a point that is 13.Qa feet 1=asterly
said lot 14}thence North 00121'00°East,parallel with the Westerly l,ne of said Lot 14,a distance of 95.29
fee, to a point on the Northerly line of said Lot 14;Whence North 68°4850"West along said Northerly line
a distance of 5.00 feet to the true point of beginning.
Said Easement area contains an area of 476.45 square feet more or less•
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ocT 22 2004 10:28 FR ZTE 503 a33 788S -TO r-132381138 P.03/03
EXHIBIT A
" FRIENDLY ACRES "
1
TRUE POINT OF ,
BEG1NNiNc LOT 15
P.O.B.
S88'48'501 135.38'
15' SEVER EASEMENT
BENEFIM U.S.A.
REGORDED MAY 1973 ;4
9K. 923, PG. 540
SEED (3) G
C,
LOT 14 b�
� z
5' EASE FNT TO
9E VACAM �•
I
N88'4850V 114.38' I�
1
' b 1
S.W. PFAFFLE STREET
(co. RD. No. 975)
GRAPHIC SCALE
30 0 15 30 60 120
x inoh = 30 f.
�► EAST EXHIBIT Z'TeG ENGINEERS, INC.
DATE: 14-21-04 PLOT DA'iE: ]0-21-D4. PORiI..,a, OREGONA 7202
AWG BY: JOIN CHK BY ,!M 5031 235-8795
FILE: L31791W CLIENT 20 L--�d *S OT dY !E �
SHEET: 1 OF 1 � TOTAL PAG .003 �*
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EXHIBIT,
Sam Martindale VAC2004-00002
2927 SW Dickinson Ln. PFAFFLE @ 79TH AVE. PUBLIC SEWER
Portland, OR 97219-7560 EASEMENT VACATION
Helen A. Loos Revocable Living Trust
By Helen A. Loos TR
7935 SW Pfaffle Street
Tigard, OR 97223
AFFIDAVIT OF MAILING CITY OFTIGARD
Community Development
SkapingA Better Community
1, (Patricia G. Gu ori being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for
the city ofTWar4 Washington County, Oregon and that I served the following:
(Check Appropriate Box(s)Below)
® NOTICE OF PUBLIC NEARING FOR: E�-7 VAC2004-00002/1'FAFFLE Q 19TH PUBLIC SEWER EASEMENT VACATION
(File No./Name Reference)
HEARING BODY: HEARING DATE:
City of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission
Tigard City Council (2/8/2005)
A copy of the said notice being hereto attached, marked Exhibit'W, and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"I",and by reference made a part
hereof, on January A 2005, and deposited in the United States Mail on 1800ary A 2005, postage prepaid.
(Person!DKPre-pared Notice
sVg2 OF OuGON
County washhi*ton )ss.
City of;'and ) ��
Subscribed and sworn/affirmed before me on the day of , 2005.
OFFICIAL SEAL
5'kjE ROSS
NOTARY PUBLIC-OREGON
WV"MII SIGN NO.375152
I my comIISSION EXPIRES DEC.1,2007
My Co is oR Expires: "�y 7
NOTICE TO MORTGAGEE, LIENHOL. cER,VENDOR OR SELLER: -HIB1T A
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. Cllr of TIGARD
Community Oevelopment
ShgpingA Better Community
CITY OF TIGARD
NOTICE OF EASEMENT VACATION & PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY
FEBRUARY 8, 2005 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO.: VACATION (VAC) 2004-00002
FILE TITLE: PFAFFLE @ 79TH AVENUE PUBLIC SEWER EASEMENT VACATION
PETITIONER: Sam Martindale
2927 SW Dickinson Street
Portland, OR 97219-7560
REQUEST: The applicant is requesting that the City of Tigard City Council vacate an approximate
476 square foot portion of a 1,429 square foot public sewer easement by reducing its
width to the City's minimum standard of 10 feet from its present 15-foot width.
LOCATION: 7935 SW Pfaffle Street; WCTM 1 S136CA, Tax Lot 3300.
DATE REQUEST WAS FILED: October 25, 2004
THE COUNCIL INITIATED THE REQUEST OUTLINED ABOVE ON JANUARY 11, 2005 BY SETTING A
FORMAL PUBLIC HEARING DATE OF FEBRUARY 8 2005 (Resolution No. 05-01). ANY INTERESTED
PERSON MAY APPEAR AND BE HEARD, FOR OR AGAINST THE PROPOSED VACATION OF SAID PUBLIC
EASEMENT VACATIONS. ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH
THE CITY RECORDER BY FEBRUARY 8, 2005 BY 7:30 PM.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY
WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438
(VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN
ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE,
OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. IF YOU WANT TO
INSPECT THE FILE, PLEASE CALL AND MAKE AN APPOINTMENT WITH EITHER THE PROJECT PLANNER
OR THE PLANNING TECHNICIANS. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF
THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE
OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR
COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION LEASE CONTACT THE CITY R. .ORDER OR MORGAN TRACY,
ASSOCIATE PLANNER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD,
OREGON 97223, OR BY EMAIL TO MORGAN(cD-CI.TIGARD.OR.US.
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---- STEVE VAC2004-00002
w PFAFFLE @ 79TH AVENUE
a SEWER EASEMENT VACATION
w 7935 SW Pfaffle St.
a (476 sq. ft. portion)
w
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9/
PFAFFLE �a
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!� Tigard nr.a Mav
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B 180 100 goo 400 F-
1'=287 feet
City of Tigard
9-Al Informanoo on this map Is for general bcalbn«Av sod
9 V V
sho,,looliverified,vtth Ma De a opma a Se es Dv sioo.
13125 SW Hall Blvd
Tigard.OR 8]223
'111,13&4171
hm:fnww.vttlgara.«.us
Plot date:Dec 21,2004;C:\magic\MAGIC03.APR
Community Development
P W'g2 7 �
1 S 136CS-09400 1 S 136CA-03301
CHONGWAY FRANK U&CHRISTINE S LIPNOS TIMOTHY AND ANITA EXHIBIT B
11242 SW 81ST 11305 SW 79TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1 S 136CD-01002 1 S 136CA-03300
CHRISTENSEN JILL K LOOS HELEN A REVOCABLE
293 SW CERVANTES LIVING TRUST
LAKE OSWEGO,OR 97035 BY LOOS HELEN A TR
7935 SW PFAFFLE
TIGARD,OR 97223
136CD-001 S136CD-01000
CH E �401
JILL K MONAGHAN FARMS INC
293 ANTES 14120 EAST EVANS AVE
E OSWEGO,OR 97035 AURORA,CO 80014
1 136CD-0050 1 S136CD-00100
CHTNT EN JILL K PACIFIC CROSSROADS PROPERTIES t
293 RVANTES BY WYSE INVESTMENT SERVICES CO
6KRE OSWe610,OR 97035 111 SW 5TH AVE STE 1100
PORTLAND,OR 97204
1 S136CD-00600 1 S136CS-02800
CPD LLC PETERSEN MARGARET ESTATE
10720 SW MOPA AVE 8035 SW PFAFFLE ST
PORTLAND,OR 97219 TIGARD,OR 97223
1 S 136CA-03000 1 S136CA-03100
DENNY DOUGLAS D&SALLY A SHELDON MELINDA L&DUANE C
11185 SW 79TH ST 11215 SW 70TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1 S 136CB-09100 1 S 136CB-09300
HAMILTON BETTY I SPIERING COLLEEN A
11162 SW 81 ST AVE 17815 NE COURTNEY RD
TIGARD,OR 97223 NEWBERG,OR 97132
1 S 136CB-09200136CD-0050
HARTE DORIS JUNE Ti
Y OF
11190 SW 81ST LL
TIGARD,OR 97223
1 S 136CA-03200 1 S 136CB-09600
KING MARVIN FRANKLIN& WOO SANG KIL AND OK SON
KING TRACEE SUE 11300 SW 81 ST AVENUE
11255 SW 79TH AVE TIGARD,OR 97223
TIGARD,OR 97223
1 S 136C6-09500
LEWIS SUSAN M
11268 SW 81ST AVE
TIGARD,OR 97223
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Sue Rorman
11250 SW 82nd Avenue
Tigard, OR 97223
Naomi Gallucci
11285 SW 78th Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
David Chapman
9840 SW Landau Place
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 23-Feb-04
Sam Martindale /®%,2-,! In
City Council
City of Tigard City Hall
13125 SW Hall Blvd
Tigard,Or. 97223
re: Request to vacate a portion of sewer easement at Lot14,Friendly acres,Pfaffle&79th in Tigard.
Dear council members,
We are planning to build a home on a lot created through a minor land partition, MLP2004-00003.
The easterly 15' includes a sewer easement benefiting unified sewerage agency,recorded 1973.We are seeking a vacate
of the easterly 5' of that easement to increase the footage available to construction.
The 8"sewer line located within the easement will be replaced/upgraded to ductile iron or C900 pvc as approved by city
of Tigard
engineering.
A map,easement exhibit,and discription of the parcel are attached.
1
OCT-28-2004 THU 02:34 PM CONTROL CONTRACTORS FAX NO. 5032381138 P. 01/01
Sam Martindale
To: Morgan Tracy
Subject: FW: Easement Vacation
City of Tigard City Hall
13125 SW Hall Blvd
Tigard,Or. 97223
attn:Planning - Morgan Tracy
re: Agreement to jointly participate in easement vacate.
I Sam Martindale agree to jointly participate in application for public easement vacate.
Participants are:
Dr. Kamelia Massih
Sam Martindale
1
OCT 22 2004 10 : 28 FR ZTEr 503 233 7889 TO 5032381138 P .02iO3
.ZTec Engineers, Inc.
Civil • Structural ♦ Surveying
John McL. Middleton P.E. Chris Fischbom P.L.S. Ronald b. Sellards P.E.
3737 SE 8t'Avenue
Portland,Oregon 97202
503-235-8795—Fax 503-2-33-7889
Email: chris@ztecengineers.com
October 21, 2004
VACATION OF A 5 FEET WIDE PORTION OF A SEWER EASEMENT
A parcel of land, being a part of Lot 14 of the recorded Plat of Friendly Acres, located in the
Southwest one-quarter of Section 36, Township 1 South, Range 1 West, of the Willamette Meridian, in the
City of Tigard, Washington County, Oregon. Said parcel of land also being the Easterly 5.00 feet of a
15.00 foot wide Sewer Easement, benefiting the United Sewerage Agency and recorded in May of 1973 in
Book 923, Page 540, Washington County deed records, and more particularly described as follows:
Beginning at the Northwest corner of said Lot 14, thence South 88°48'50" East, along the
Northerly line of said Lot 14 to a point that is 10.00 feet Easterly of when measured at right angles to the
Westerly line of said Lot 14, said point being the true point of beginning of the parcel of land herein
described.
-"hence South 00°21'00" West, parallel with and 10.00 feet Easterly of said Westerly line a
distance of 95.29 feet to a point on the Northerly right of way line of said SW Pfaffle Street ( Washington
County Road No. 975 ); thence South 88048'50" East along said Northerly right of way line a distance of
5.00 feet to a point that is 15.00 feet Easterly of when measured at right angles to the Westerly line of
said lot 14; thence North 00°21'00"East, parallel with the Westerly line of said Lot 14, a distance of 95.29
fee, to a point on the Northerly line of said Lot 14; thence North 88°48'50"West along said Northerly line
a distance of 5.00 feet to the true point of beginning.
Said Easement area contains an area of 476.45 square feet more or less.
OCT 22 2004 10: 28 FR ZTEC 503 233 7889 TO 5032381138 P. 03iO3
" FRIENDLY ACRES "
TRUE POINT OF
BEGINNING
P.O.B. LOT 15 f
S8848'50"E 135.38'
15' SEWER EASEMENT 25'
BENEFI7ING U.S.A. K
RECORDED MAY 1973 1
BK. 923, PG. 540 N w
N
Lo in Lo
n
DEED (3) ✓V o
Lor to
r o�� 2�
5' EASEMENT TO "' z
BE VACATED
� I
� •ham � ,
N8848'50"w 114.38' i
o
S.W. PFAFFLE STREET
(CO. RD. N0, 975)
GRAPHIC SCALE
30 0 15 30 60 120
( INS )
1 inch = 30 ft
11 TLE: EASEMENT EXHIBIT ZTec ENGINEERS, INC.
DATE: 10-21-04 PLOT DATE: 10-21-04 3737 S.E. 8TH AVE.
CHK BY: PORTLAND OREGON 97202
DWG BY: JHH JM (503 235-8795
SHEET: 1 nF 1 FILE: L31791DM CLIENT: S 5-M /7Ar ih -e
** TOTAL PAGE.003 **