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2006-039846 ~ Pfaffle Street ~ 79th Avenue Washington County,Oregon 2006_039846 0` 0' '12006 10:57:19 AM CrAn'! 8tna4 K BARNETT 1 $ $6.00$11.00$100.00-Total a$147.00 �Q 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 CL3ENT: * TOTAL PAGE.003ik C\jro axy4uzr t a O �• /�,, in'�n'nvii' Qin Q N �Z � G �pNO� q In x NAY_ Jl a < U •" o U m p U m 7� U 0 z11 CL ze 5 O t'— _W M a CD t CA-re s cu LP N v rf cu v fi U (B S. 0- 3 cu WCC � L G t LL C Q d O d d E ray E c� 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 sk* TOTAL PAGE.003 >k* n 0 o KAc a OIX 0 sw rm n i9 U =r( dY n' �a l Ab rib l5 O1 6LYD CD �} @ CD --1 CD Y Ito yrti 0 v a' D C) sa m �': a I3 �� 7 \� M �. marts n�vF�' a a. V Iv N 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 SHEET: 1 CIF 1E: L31791M Sa/n ar ih CL3ENT: * TOTAL PAGE.003 ** 3 AV(/ q q KA LCT q� Q Q m m SH C q CD 95TH VE A B� O 5 9 eiw me�.,,,.� BLVD �� V A @ ddM \ p T " CD /meq �q 3- / 83RD v � 82ND D �q T AVE q r \ AVE _ IN q 78TH os o / N S d a ?g < < c O 11 \ y N `! �W G N m�_ � 11 \�9l✓ 21ST ASE - O co m ° O o y o zo� 9� O —C > z � m —o O —u y 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 > ST o ..aaa..e,a 0 Q o 0 w THORN o VICINITY MAP > O o0 0 Z Nco _ STEVE VAC2004-00002 w PFAffLE @ 79TH AVENUE a SEWER EASEMENT VACATION w 7935 SW Pfaffle St w Q (476 sq. ft. portion) o W Z �2 Q cN 00 00oo 1 PFAFFLE l , ST k� -a T Tlgerd Aro.MeV } QP A, N 0 100 200 300 <00 Feel r=zaT feel City of Tigard Inlarmafian m ties map Is M general«anon only me 9 V, shwa te wifrcd W IP Nbpmem e DeveServices Di-i- 1 . 3125 SW Hell ehd 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• ,I I E i I 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 �* ""y+EA KA LO 0 sw NTH o � a v c � v �y n =+; �� 0' A ti V 6 BLVD 44 CD e @ CD --4 '--- r—r F a D Yy N VO CL n d N > GA O b. 1]5TH�yp� z S p � O Q a ' q ► z 0 A � C2 .HALL.tlmmLV. D._ .�` O N A s 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. - -- — w ST _o oo _ > w �_ eeoaa.aa�,a.oeM..oa ave,Fu Q Q o ou o - w THORN _ _ VICINITY MM o = u > O f=l O > 0 u o o— Z 00 ---- STEVE VAC2004-00002 w PFAFFLE @ 79TH AVENUE a SEWER EASEMENT VACATION w 7935 SW Pfaffle St. a (476 sq. ft. portion) w Q 0 0 ~ Q00 ro o0 = LWI 9/ PFAFFLE �a ST ` Gj !� Tigard nr.a Mav I? N 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 **