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88-29696 ~ Falcon Rise Drive f - 88-29696 CITY OF TIGARD, OREGON Washington County vC ORDINANCE NO. 87-. Z43 AN ORDINANCE VACATING A PORTION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 35, 36 AND TRACT I, MORNING HILL NO. 1, A RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to eliminate certain public utility easements for development purposes; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with ORS 271. 100, the TMC Section 15.08. 110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271 .080; and WHEREAS, the Council, having held a hearing on July 27, 1987, finds the public interest will not be prejudiced by the vacation as provided by ORS 271. 120 and TMC Section 15.08.130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate public utility easement within lots 35, 36 and Tract I of Morning Hill No. 1 subdivision because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1 , The applicant of the vacation shall provide the Engineering Section with written notice and/or assurances from both the Tigard Water District and PGE that all of their affected services will be relocated as required. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of public utility easement within lots 35, 36 and Tract I of Morning Hill No. 1 subdivision as described and shown on the atteched Exhibit "A", and by this reference made part hereof. ORDINANCE NO. 87-� Page 1 Section 2: The Ti d City Council further orde, that the vacation be subject to the following conditions: 1 . The applicant of the vacation shall provide the Engineering Section with written notice and/or assurances from both the Tigard Water District and PGE that all of their affected services will be relocated as required. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. Section 3: In no situation shall this Ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By (-ha ,. ' vote of all Council members present after being read by number and title only, this day of Ua u 1987. 6;oreen R. Wilson, City Recorder APPROVED: This day of SA , 1987• 4 -�-- Thomas M. Brian, Mayor t � STAT'E','-,6F` OREG06['-' ) Cq6nty'%9,f Wa�s,h ngtoh 1 City's of � gard,� Cl I, CATHERINE WHEATLEY, HEREBY CERTIFY THAT I am the duly appointed, qualified and acting Deputy City Recorder of the City of Tigard, Oregon. I fu ther certify that I have compared the herewith copy of ORDINANCE NO. r)-`13 of the City of Tigard with the original in my possession as custodian of the official records of the City of Tigard, and that the herewith copy is a correct transcript of ORDINANCE NO. 0-q� , IN WI1"NESS WHEREOF, I have hereunto set my hand and seal of the City of Tigard this day of 19 �. 4Dptt' City Recorder EXHIBIT "A" Those tracts of land located in the southeeast 1/4 of Section 33, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Parcel I Beginning at a point which bears South 880 30' 11" East, 12.50 feet from the southeast corner of Lot 34, Morning Hill No. 1, a recorded plat, Washington County Plat Records; thence North 10 29' 49" East, 76.26 feet to the south right-of-way line of S.W. Falcon Rise Drive; thence northeasterly on said south right-of-way line on an 875 foot radius curve concave to the north (the chord of which bears North 800 04' 51" East, 15.30 feet), 15.30 feet; thence South 10 29' 49" West, 79.29 feet to the south line of Tract "I", said Morning Hill No. 1; thence, North 880 30' 11" West, 15 feet to the point of beginning, containing approximately 1167 square feet. Parcel II A ten foot wide strip of land located in Lots 36 and 35, Morning Hill No. 1, a recorded plat, Washington County Plat Records, the centerline of which is the east line of said Lot 36. The side lines of said strip of land, being 5 feet from said centerline when measured at right angles, lengthen or shorten to terminate on the north and south lines of said Lots 35 and 36, containing approximately 1,152 square feet. 3 Parcel III Beginning at the northeast corner of Lot 35, Morning Hill No. 1, a recorded plat, Washington County Plan Records; thence South 10 19' 05" West 94 .38 feet to the southeast corner of said Lot 35; thence southwesterly on the north right—of-way line of S.W. Falcon Rise Drive, on a 275 foot radius curve concave to the north (the chord bears South 690 43' 42" West, 5.38 feet), 5.38 feet; thence North 010 19' 05" East, 96.36 feet to the north line of said Lot 35; thence South 880 40' 55" East 5 feet to the point of beginning, containing approximately 477 square feet. sb/3206P MOR NI/IG ILL NO, 1 ,E.4 5'E IV EAITS TO SE VACATED- 5119/6 7 "PA RCt LIZ 1"= -no 7 3(n 35 PUGLIC UTILITY EASEMENT T O t7E VACATED ,5 .Lj F LCOti1 fir, S T 34 I P/4 KC E L I STATE OF OREGON County of Washington SS I, Donald W. Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. CX �C�C?�C� �e C-Ur�� Donald W. Mason, Director of Assessment and Taxation, Ex- Off icio x- Officio County Clerk 7, cf< rC�.,:' Ct7 1988JUL -8 PM 2: 48 r: 1 (NOTE: PUBLIC HEm-iINGS TO BE SCHEDULED FOR 1st & MEETINGS ONLY) l CITY RECORDER TIMELINE - EASEMENT/STREET VACATIONS Date .�04-4 ('��-!'' Consent Agenda - Resolution No. U ICo Memo to Engineering (Clarno) & Planning (Liden)*with a copy of letter that is going to affected property owners. *cc Diane Letters to Utility Com anies with specific reply date. (- ll/ Memorandum to Engineering (Clarno) requesting posting of notice of public hearing (5 days after 1st date of publication) Deliver ad to newspaper (5 consecutive publications) 1st Publication Planning Commission Review Responses back from utility companies - have copies made and send to Engineering (Clarno) Packet ready for Ordinance for consideration '7 d Public Hearing - Ordinance Post Ordinance rtiL /a LK Send Ordinance to Washington County for recording. 7 � gg 1 \Toe-, a� (Z ► I�f o A Koval o�- Mcr2n ►� }}l ,q NIEntT" V�CA-M 0S . cove l� , �- 40 4p, � l i E i Portland General Electric Company CCLM- C October 17, 1986 William Baker Westlake Consultants 7145 SW Varns Rd Tigard OR 97223 Dear Mr. Baker: Subject: Wedgewood Homes Project No. 213-04-86 Portland General Electric Company has reviewed the request for release of platted utility easements from Westlake Consultants for Parcels 1, 2, and 3 Morning Hill. We have determined that we have no current or future utility requirements for the old side lot and back lot platted easements; however, we want to retain the front lot 10-foot easement. There is an underground primary wire on Tract I, west of Parcel 3. We do not want to vacate that platted easement (see attached drawing) . Sincerely /yours, Q John G. Nelson Property Department JGN/5sms 25631.1086 Attachment 121 S.U.'Sairron Street.Portland,Oregon 97204 iD TL- Soo. � 1 L�GD 1 � u1 -� L-OT �] P A 1 EL 2 PARCEL 1 3 fz- 'N r F, � •..`' )`!E W t-oT L I N 5 PARCEL 3Kj D- ,�,,.,Ql�`i��-rl� tet-IoD �, �•� �}�L �� I �� 1 O 5. F. � � ALA I pyIR.E f � T I G A R p WATER DISTRICT 8841 S. w. COMMERCIAL ST. TIGARD.OREGON 97223-6290 PHONE (503) 639-1554 September 9 , 1986 William Baker Land Use Planner Westlake Consultants , Inc. Re. Wedgwood Homes 7145 S. W. Varns Road Proj . #213-04-86 Tigard, Oregon 97223 Dear Mr. Baker: In accordance with your request of September 4 , 1986 please be advised that Tigard Water District hereby agrees to the vacation of existing easements as described in your letter. Normally, the water district is not in favor of changing of lot lines because it requires the district, at its expense, to install new copper services and cap the old ones. However, in this case, it appears that only one or two services need be changed. Please advise if additional information is desired. Sincerely yours , TIGARD WATER DISTRICT Al--- Robert E. Santee Administrator NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209 15 0 226-4211 September 9 , 1986 Mr. William Baker Westlake Consultants, Inc. 7145 SW Varns Road Tigard OR 97223 Re : Wedgewood Homes Project No. 213-04-86 Dear Mr. Baker: We are in agreement with the easement vacation you are requesting in "Morning Hill" subdivision. We would appreciate lot line utility easements along the new lot lines . Sincerely, John L Reece -tight of Way Agent JLR: f � tc�4 i�i`i `T : -- November 19 , 1986 Mr. William Baker Westlake Consultants, Inc. 7145 S. W. Varns Road Tigard, Oregon 97223 RE: WEDGEWOOD HOMES - PROJECT NO. 213-04-86 Dear Mr. Baker: In regard to your letter concerning the relocate of lot lines in The Morning Hills Subdivision, we are returning to you a copy of our plant maps with the only area' s we will be concerned with at this time. However, if in the future our pedestals or cable need to be moved for any reason, your client will have to bare the expense. Very truly yours, Lar y S. Holsey Service Supervisor/Engineerig LSH:dej Enclosure Westlake Consultants Inc. 7145 S.W. Varns Rd. Tigard, Oregon 97223. Pro • 503-6 4-0652 March 25, 1987 Mr. Randy Clarno City of Tigard P.0 Box 23397 Tigard, OR 97223 RE: Lots 35, 36, and Tract I, Morning Hill #1 Vacation of Public Utility Easements Dear Randy: Our client, Wedgwood Homes, Inc. , received an approval for a minor partition and lot line adjustment for a parcel at Morning Hill No. 1. An item listed under condition of approval is a requirement to vacate the public utility easements along the side lot lines. I have enclosed an application form that I received from the City along with some additional exhibits. I would appreciate it if you could initiate a vacation procedure for these easements. Wedgwood Homes is the current owner of the lots involved and is the applicant. Also, let me know the fee amount and I will have Wedgwood submit a check. Thanks -for your assistance in this matter . If you have any questions, please call. Sincerely, P/0''J4 Len Schelsky Enclosure LS:llr L====== ENGINEERING / SURVEYING / PLANNING APPLICATION FOR PREPETITION CONFERENCE FOR VACATION OF Public Utility easement PETITIONER OR Wedgwood Homes , Inc. REPRESENTATIVE ADDRESS: 11350 S.W. Falcon Rise Drive Tigard, OR 97223 PHONE: 292-3563 (W) (h) DESCRIPTION OF AREA TO BE VACATED Public utility, easement 1) long side lot line of line common to lots 35 and 36 2) the east line of lot 35 and 3) the easterly 3Q feet of Tract T, A MAP ATTACHED: ]Yes DATE OF CONFERENCE: BACKGROUND INFORMATION STAFF SHOULD KNOW TO PREPARE FOR CONFERENCE 4<7 A lot line adjustment and minorpartition was a'DAroved fnr the subject area. MLP 4x.86 'M7�86 r V18--86. The vacation of the PIM along the side lot lines %s a condition of approval. f - 4 - CITY OF TIGARD, O—REGON COUNCIL��AGENDA�ITEM�SI�Tty May 14, 1987 AGENDA OF: June 15.,._.1981 DATE SUBMITTED: ISSUE/AGENDA TITLE: ��asqment PREVIOUS ACTION: None Vacation Request — Lots 35, 3.6 and REPARED BY: Rani Clarn ............ REQUESTED BY: Wedgwood Home's� Inc DEPT HEAD OK---- CITY ADM1N OK_ POLICY ISSUE Council initiated easement vacation request — consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY Wedgwood Homes, Inc. is requesting the vacation of certain public utility l«nto 35. ^36 and Tract "I" of Morning Hill No. l, a recorded easementat. on lCouncil initiation of the vacation request is recommended subdivision p at' « � f Minor Land Partition 4-86 ince the vacation was a condition of approvalfor ibl for since Lot Line Adjustment 7-80. Wedgwood Homes, Inc. would be responsible~ ' with the cunt of the vacation process. all fees associated If the attached resolution is approved, the public hearing would he scheduled for 7/27/87. The City Recorder will mail notice to each property owner who would normally be required to sign a vacation petition. ALTERNATIVES CONSIDERED 1 . Approve attached resolution calling for public hearing on 7/27/87. 2. Take no action at this time and require property owner to circulate petition. FISCAL IMPACT l . Fees paid by applicant. Staff recommends alternative #1 . RSC:bs1472W lye TO i oO.I t,OfO t+ luvlii tl Y.O ......u... I / OLScl( CN` R IIII S SW f � ` •�••.� LA YILLVI \SUMMERLAKE /PARK ll�sraw a. y / 4L r pN" ffT I Y 'a..• d nr � r. .f.lfKwlr a.w. n DESCRIBED AREA ?� LN W S C URYONT; Sw LAURYO MARY y WOODWARD ry ELEMENTAR7 a ' "O ro°«INo w�ccw o;,dl o11. SCHOOL 32 3333 34 T O urwtwtKLIA 5 4 sw. s = • • S.W. c t e, 1 � c S IIINOON CT SW — '% f1 tRlf • \ `�►ROiO�ECr'W�RA sCOr M .1 _ I � • YLVC EXTENSION `7 c w w I — - d u '•Y• rflw[R. 1{ X WALNUT ST. s+ i iwI 7 M -- t -ITT--T— i — N— 800 CITY OF TIGARD, OREGON RESOLUTION NO. 87— A RESOLUTION CONCERNING VACATION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 35, 36 AND TRACT I, MORNING HILL NO. 1, A RECORDED PLAT, IN THE CITY OF 'TIGARD, WASHINGTON COUNTY, OREGON (WEDGWOOD HOMES, INC. ) . WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of public utility easements; and WHEREAS, this portion of land was previously granted for public utility purposes, it has been determined to not be needed by the City for this purpose in its current alignment; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings 1 d fees and that the benefiting property owner, Wedgwood Homes, Inc. , pay charges as set out in TMC Chapter 15.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, July 27, 1987, at 7:00 P.M. at the Tigard Civic Center Town Hall Room, 1312.5 SW Hall. Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands . (3) That the City Recorder be, and she is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be June 25, 1.987 and once each week thereafter for five publishings in all. The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area proposed to be vacated. RESOLUTION NO. 87— Page 1 (Q) That the particular portion of granted public utility easements proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part thereof. PASSED: This day of 1987. Mayor — City of Tigard Al"TEST: Deputy City Recorder — City of Tigard (RC:cn/1485W) RESOLUTION NO. 87— Page 2 EXHIBIT "A" Those tracts of land located in the southeeast 1/4 of Section 33, Township 1 South, Range 1 West, Wil.lamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Parcel. I Beginning at a point which bears South 880 30' 11" East, 12.50 feet from the southeast corner of Lot 34, Morning Hill. No. 1, a recorded plat, Washington County Plat Records; thence North 10 29' 49" East, 76.26 feet to the south right—of—way line of S.W. Falcon Rise Drive; thence northeasterly on said south right--of-.-way line on an 875 foot radius curve concave to the north (the chord of which bears North 800 04' 51" East, 15.30 feet), 15.30 feet; thence South 10 29' 49" West, 79.29 feet to the south line of Tract "I", said Morning Hill No. 1; thence, North 880 30' 11" West, 15 feet to the point of beginning, containing approximately 1167 square feet. Parcel II A ten foot wide strip of land located in Lots 36 and 35, Morning Hill No. 1, a recorded plat, Washington County Plat Records, the centerline of which is the east line of said Lot 36. The side lines of said strip of land, being 5 feet from said centerline when measured at right angles, lengthen or shorten to terminate on the north and south lines of said Lots 35 and 36, containing approximately 1,152 square feet. Parcel III Beginning at the northeast corner of Lot 35, Morning Hill No. 1, a recorded plat, Washington County Plan Records; thence South 111 19' 05" West 94.38 feet to the southeast corner of said Lot 35; thence southwesterly on the north right—of—way line of S.W. Falcon Rise Drive, on a 275 foot radius curve concave to the north (the chord bears South 690 43' 42" West, 5.38 feet), 5.38 feet; thence North 010 19' 05" East, 96.36 feet to the north line of said Lot 35; thence South 880 40' 55" East 5 feet to the point of beginning, containing approximately 477 square feet. sb/3206P o AIIAIG L IVO, 1 ,E/1/T 7C-)E VA CA TE / 51/19197 `PQ RCE L 2CE!_ .30 ,37 36 35 PUBLIC UTL17Y E ASF-MF-NT T o JOE VACATED F 4 LoN I<I S C Dr,- . r f -PA E L I CITY OF TIGARD, ORE COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 27, 1987 DATE SUBMITTED: July 15, 1987 ISSUE/AGENDA TITLE: Easement Vaca— PREVIOUS ACTION: Called for Public _ tion Public Hearing—Lots 35,36 and Hearin — Res. 087-84 on 6-15-87 Tract I of Morninq,, ill No. 1PREPARED BY: Dev. Services Mana er _ DEPT HEAD OK! CITY ADMIN OK REQUESTED BY: Wedgewood Homes, Inc. POLICY ISSUE Council—initiated street vacation request; consistent with Council Policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY On June 15, 1987 Council passed a resolution to call for a public hearing on a Council—initiated vacation request to be held at 7:00 PM on July 27, 1987. The vacation is being processed by the City at the request of Wedgewood Homes, Inc. Wedgewood Homes, Inc. received minor land partition approval for a portion of Morning Hill No. 1 in 1986. A condition of that approval was that they complete vacation of certain public utility easements. Any objections or concerns filed by utility companies have been addressed in the conditions attached to the Ordinance. Planning Commission and the Department of Community Development have recommended approval. The hearing was published in The Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail. ALTERNATIVES CONSIDERED 1. Approve vacation request as shown. 2. Approve vacation request with amendments. 3 . Request staff to prepare resolution denying proposed vacation based on objections and remonstrances received .during the public hearing. FISCAL IMPACT N/A SUGGESTED ACTION Staff recommends Alternative No. 1 with motion to approve the Ordinance as presented. 1 RSC:cn/0092D MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council July 15, 1987 FROM: Randy Clarno, Development Services Manager SUBJECT: Community Development Department Report for Proposed Vacation of Certain Utility Easements within Morning Hill No. 1 Subdivision. BACKGROUND All utility easements within Morning Hill No. 1 were granted with the recording of the subdivision plat back in October of 1978. In most cases, such as this, utility easements within subdivision plats parallel lot lines. Wedgewood Homes, Inc. received approval in 1986 (MLP 4-86) to adjust certain lot lines within the plat to create an additional lot and enhance lot sizes. The vacation of these easements is a condition of their minor land partition approval. FINDINGS Planning Commission The Planning Commission is required to make a recommendation as provided by Title 15.08.090 of the Tigard Municipal Code. On July 7, 1987 the Commission reviewed this request and recommended that it be approved without condition (See attached memorandum from the Planning staff) . Traffic, Pedestrian and Bicycle Circulation Given the nature and purpose of the easement, traffic, pedestrian and bicycle circulation is not impacted. It should be noted that these_ items were addressed with the subdivision approvals for Morning Hill No. 1 and later the Minor Land Partition approvals for Wedgewood Homes, Inc. Fire and Police Services Responses were received from both the Police Department and Washington County Fire District No. 1, and neither had concerns relative to service or response time. _ Drainage and Sanitary Sewer Both drainage and sanitary sewer services are provided to all adjacent } properties without utilizing these easements proposed for vacation. K Proposed Vacation Memo Page 2 July 15, 1987 Other Utilities Responses were received from other utility providers and two had specific requests. These two were Portland General Electric and the Tigard Water District. PGE has requested that services on parcel I and II of Exhibit A must be relocated prior to vacation. The Tigard Water District has made a similar request concerning facilities it has within parcel I of Exhibit A. The applicant (Wedgewood Homes, Inc. ) has indicated that they will relocate facilities as required. Utility providers responding without concerns were: Northwest Natural Gas General Telephone Company Transportation Plan and Capital Improvements Plan Given the purpose and nature of the easements, the Transportation Plan is not impacted. All necessary improvements both transportation and utility related were installed with the Morning Hill No. 1 development. Therefore, the Capital Improvement Plan is not impacted by this proposal. RECOMMENDATION Based on the findings above, staff recommends that the proposed vacation of a portion of public utility easements within the Morning Hill No. 1 subdivision be approved subject to one condition as described below: The applicant shall provide the Engineering Section with written statements and/or assurances from both the Tigard Water District and PGE than all of their facilities will be relocated prior to the recording of the vacation ordinance. RSC:cn/0092D K MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Clarno / July 14, 1987 FROM: Keith Liden ( SUBJECT: Street Vacations On July 7, 1987, the Planning Commission reviewed the following easement and right-of-way vacations: — Public utility easement for lots 13 and 14 in Chelsea Hills subdivision — Public utility easements in Morning Hills No. 1 — 76th Avenue right-of-way in the vicinity of Genesis and the proposed Partridge Hill subdivisions The Commission recommended approval of the proposals (minutes attached). The Morning Hill No. 1 proposal is related to a recent land use approval (MLP 4-86). Washington County Fire District No. 1 requested a temporary turnaround at the end of Falcon Rise Drive and the Commission wanted to emphasize that this should be done. KL:cn/0072D Attachment s 2. City Council needs to communicate back to the Planning Commission the result (final order) and the reason for their decision. 3. When an item is considered to be a "hot potato" Planning Commission should determine if a respresentative should attend the City Council hearing as a resource person. 4. Periodic meetings should be held with City Council and Planning Commission when issue arise. o Priortization of Community Development Code Review 1987-88. William Monahan, Director of Community Development reviewed the proposed schedule of code revisions. Discussion followed. 3. Workshop adjourned 9:30 PM PLANNING COMMISSION 4. OTHER BUSINESS o Request by Citizens Savings & Loan Association for a six month extension to obtain preliminary plat approval for Summer Lake No. 2 Subdivision. Senior Planner Liden reviewed the request and made staff's recommendation for approval. * Commissioner Fyre moved and Commissioner Vanderwood seconded to approve the six month extension as requested. Motion carried by majority of Commissioners present. Commissioner Ownes abstained. 0 1. Request for vacation of public utility easements for Chelsea Hills No. 1 Subdivision (Lots 13 and 14) . 2. Request for vacation of public utility easements for Morning Hill No. 1 Subdivison (lots 35, 36, and Tract 1) . 3. Vacation of SW 76th Avenue between SW Bonita Road and SW Durham Road . Senior Planner Liden reviewed the requests and made staff' s recommendation for approval. o Discussion followed regading the way Falcon Rise Drive dead ends . * Commissioner Peterson moved and Commissioner Vanderwood seconded to forward the three request to City Council with a recommendation torr approval, requesting that a condition be added to the Morning (till No. i Subdivision that a temporary turnaround be —installed at. the :vnd of l ,ilcon Rise Drive. Motion carried unanimously by Commissioners present . 5. ADJOURNMENT 9:50 PM 3385Pdmj CITY COUNCIL/PLANNING COMMISSION WORKSHOP MINUTES JULY 7, 1987 Prgo 2 K aJ ul Ll 2 ND ,ALSO A PORTION 5EC. 4, TTZS, R.I VU, W M., LOT 9ADIUS DELTA ARG C 5' -7-37-41 77•(01 � Me +s ilk i ORD BI-7� Z 2 .50 7-37-41 . 3`7.41 Stc3tgot 7.4sa -2 10 1 K (0593- sz y sz.o0 sz. L.clhGb 21- 8-41 9'L.SS ;n N It?.00 93- 7-7 Z4.S0 59� ca-AA0 X371 p664 �35 ' 6 615.00 138-.7- 10 5-7.54 N o N I C) 85.00 34 Z5,-19 51.07 10 8S CQ S,L.1190 t l 8500 710 4Z=4Z 39./v3 S ST. Z T O �� TRC�rC7 �L-uU I t 1 X00 97-- 15-37 24. 15 ®�3z a4 370-oo 2.-21 -09 I .19 >N RISC, OP'No- 33 �� I 1 570.po S-6S-3Z 89.98 F 3 N� 07 '. i� IZ 000 -33 9. . 75Ab 90.74 340 P` 8 9 !04.7-W MM /^�/�- W 9 -4eo o o 34- ; ," IN 17- 43C.Zcx� 5:42-cap 42.78 9000 i� 13 4�� e-�a-41 &4 E t 61-0?-41 1110.00 ` d Neep,50,1 low O 13 5C7.GU 50drso-so75. 30. 1 t 5.00 N 1 N 1 A- SO.00 57-I S 47 49.97 .. 3 i 'FPO-00 7- 23 �88'30rt["W - - S✓8" 1 SrCG.33 I(v 50.Od 4'Z- 1500,4,T zs., .1 W/ 17 OD ( -29 Q6. 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ZS 94ta00 -r,�4-OI 2 9 870.00 3-0-7-44 8510 56.09 ZS 5eaco i -%e-z4 9:00 5 rE` Z000 Z.r3-a4-Z4 88.5 3Z.CO 710 400-00 O 42:08 f>00 106-15- C3 Z-7 800 Zlo 446-Cc 1 9fv.90 :;k �E °F" X3000 3-3 57 S7(oJ 57.0-100 Z7 44<0.0o iS-38 7-Z9 9 .2-7 9e VE O1✓' t S.ao 8-7-34-27 72.93 7_0.7 Z7 17t.1.0 ?tor- f 1-3Z 160,00 7r X00 &-40-11 3492 34-,S0 28 )7r--!ACOq.- 4 .50 AF' 15 0087- Z2.9 7A-wa, 05 77� -19- Ag, 4r " 93ao0 9-x-53 1 rio'Z.OZ I G( .82 Z9 77t7.00 -O8 15 559? c- 'G' 15.00 87-54-27 ZZ. 20.7ry 30 775iOo 2-1'5-CEB, 30.0 "I-�• I 0 84 c '34- 72.ZJ 117 50 87500 1 -+40-42 7arvv� 2 4`50-00 Z1 - 1 -07 1 x.8.99 l5a091 31 87t?00 5-S-7-Z5 V-I' 115 CXR 8 --50- ZZ.Z I 20.2.4- 5Z- E57500 -3h-ZI 55.0 5 *I* . . 87500 2!-40-7-1 .40.81 40.81 33 873.00 4.-5-4-n8 75.06, 7 M CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ( AGENDA OF: June 15, 1981 DATE SUBMITTED: May 14, 1987 ISSUE/AGENDA TITLE: Easement PREVIOUS ACTION: None Vacation Request — Lots 35 36 and Tract "I" of Morning Hill No. 1 PtA PREPARED BY: Randy Clarn DEPT HEAD OK '\CITY ADMIN OK REQUESTED BY: Wedgwood Homes, Inc. POLICY ISSUE Council initiated easement vacation request — consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY Wedgwood Homes, Inc. is requesting the vacation of certain public utility easements on lots 35, 36, and Tract "I" of Morning Hill No. 1, a recorded subdivision plat. Council initiation of the vacation request is recommended since the vacation was a condition of approval for Minor Land Partition 4-86 and Lot Line Adjustment 7-86. Wedgwood Homes, Inc. would be responsible for all fees associated with the cost of the vacation process. If the attached resolution is approved, the public hearing would be scheduled for 7/27/87. The City Recorder will mail notice to each property owner who would normally be required to sign a vacation petition. ALTERNATIVES CONSIDERED 1. Approve attached resolution calling for public hearing on 7/27/87. 2. Take no action at this time and require property owner to circulate petition. FISCAL IMPACT 1. Fees paid by applicant. SUGGESTED ACTION Staff recommends alternative ##1 . RSC:bsl472W �� ' of /is�� T sw ' �• �T1ON 1 so A Po Iftilft GT AND '�- ` �Y TKA � s�G. 4-, T Zs, R.1 1 /4 V/ D KGON of CSD � 1t�1G , IWO. �1N �� 1G1N . 1 too .... �Y 12.83 S�,L ORO. 13 I-77 1 6 i 031801 5� 1218•Jp .00 � Ao .� 3•gp'SS[L ao � y 5ZOo szoo �.� sz. LIQ : ,n � o � o o 9 or• 36' g o 8 0 8 0 °�'44 P X43 0 942 9,410 �P 040 9' � o' X37 480 470 846�, o45TP $ :o_ . o _ _ _• _ � N I!- • - fi h. 1x S o S N : Z Z � z ��Oaydl �S t�TR 2_ _� r � 80.07 50.32 'sSgB'4v'SFJ" U) 20.17 .fly 32.64- aa.00 s3QO ' tJ�I ��3 U 296'S}� 5933 i 55,07 TS.OctJ _ 8 _ t` N. t ,o � � 7�3 ;► _ 1830N o31 o � 0 33 �.� 1� 27 $ s s _ _ - x'50.0 I to ft! ,• • J r - � / ,� .�• 9•L�'L'�l 12.1 75.00 IV77•�FiprJ 1q� 75.00 \0 5533 �18�-3C1 t t"1�1 _ _ _ F:4 UO ,o a Alp ore t_TA i 3 lC� �, c1� •A" I _ 1 r .►� Boa. z� ►5' 10-�-moo" to �Ivvu � � 11 � �. �• � � y ; ;-� ; �, •� ,�.� te7j-04-2t to Q ZTo 5 � 71500 x.00 106'1�- c go.00 a CITY OF TIFA RD OREGON 25 Years of Service 1961-1986 June 29, 1987 P.G.E. Company Attn: Jim Ryan 14655 S.W. Old Scholls Ferry Rd. Beaverton, OR 97005 Dear Mr. Ryan: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Chelsea Hills No. 1 40 (Easements) L� � � EASEMEntT V--Op- T*f Mcuar�s� iiZR�IS'Fo2iv�E.fZ t�@SiGn�ED � rocas Oil -65/3& LOT- Ltwlfz, IL-tr T2Rn►SFo 1 mk-p- o Morning Hill No. 1 fo SE- our of -ML RASEW%En►t bar wev�D ►+*'� (Easements) Tb aF. fr�.oaar" To ThE EA F-M"L r- i) %rz. tikS Pg.& .y AuRvls TRpkcT - FE� ►1C /� u.16 e4ta,. • '�. ?C-V- k_Qs -r, GfAsti,AE+;T °2 MJ o Portion SW 76th Avenue aL-'rMNPTVF- Z4o Pko,5 LE,-r\ Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171 . Sincerely, Catherine Wheatley Deputy City Recorder cw Enclosure 13125 SW Hall Blvd.,RO,Box 23397,Tigard,Oregon 97223 (503)639-4171 1 MORN//VG 14ILL IVO, 1 ,,q 51t: 1f,7,E A1TS To 6E VA CA TE D - -5119197 `PA RC-C- L IT IP4 2cF— 37 3h 35 .30 PUC,LIC UTIOTI/ E ASEMF NT T o 15E VAC RT-eD S ,tj F LCoN\ Ro s 7` 7r 34 I i FARCES I vin fig 14 i u M / — vo u+-4-i o n `80 L -'-' `jfi� To 5 /�s`O• c` i t s �• _ 1 i I SC~� t r �1-•r 0%0 — fr DU C t o•o • t. w.nl't •'.Y.0 —MAT If! 1 � ` sl'I T+fo ug.r CM � " � . T WLLVI �SUMMERLAKE PARK V fICI CI. - u o ' t• � 1 F� o DESCRIBED AREA LN a...rrrw w. W i t 6� h c RMON7 sw LAURMO MARY v ,,, ELEMENTARY relwl•e 0.4 6woll. SCHOOL 32 33O 33 34 5 4 )\\\ sy.c s = 1tlTlflb( Tn s� 11NooK c7 aw. ~ G ct l f c■.w e • \\`_ •1%E..C��....RA Sc 11 IA 90-VC. EXTCMStOR w�\ • • \ ' AVtL 4 I - - I '4, s W. •NJVT 1T. . a MARK CT. AK CT. R X WALNUT St f. L-j i i ta) r Y �1 -N- 1 � i t 1• = 800• c! CITYOF TI�ARD OREGON July 29, 1987 �"c25 � ( Years of Service tr 1961-1986 l Willamette Cable Attn: Frank Stone 14200 S.W. Brigadoon Court Beaverton, OR 97005 Dear Mr. Stone: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Chelsea Hills No. 1 -'1'�� YY•� (Easements) o Morning Hill No. 1 Wim ~ � C- G` -" " (Easements) C Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171 . Sincerely, 4VL&""� Catherine Wheatley Deputy City Recorder cw Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 --- MORIVIIV 6 L L IVO, 1 >Ig ]makP�c-EL31 I r ;36 POC-,LIC- UTIL-IT-V E ASEMENT T O 13E VACRTED e 1 1� 3 Ll v I y1 f no^n) i' 14 u I -• 1/ TO Ma'~s s i N r ` _- CPUC a*O 1 3 aft fsw •..�/' MILWI -,SUMMERLAKE RORK cl .. "T`"' DESCRIBED AREA > q trl S y E RMONT< SYl LAU r0 o � WOO .' MARY a`r " ro�••ojj 11 ELEMENTARY SCHOOL 3 33 T 33 34 5 4 \ .W.c s rsrwr..c \ . .. s.w. +- . .\` rE *A scat •IVC. EtTENllOsl ... ✓l . nvE y c if f i f: - AVAK Cf. 1 4t tt s.. •.+i,.rf sf. s r WALNUT ST. IT i Z s.) Y -N- 800* til-800• 3D IS o � �D ID 0 :3 CL (00 0 COZ) = C loft 00 0 • 1 � ! i< W Z W 7 ■ Q U7 ■ 'f Q DESCRIBED •- AREA / 10 2 52 �� 11 30C r 1200 100 1000 goo {_ 0 7003} 600 � _ ■ CO 00 a o P 2 7Ac. 41 N 40 39 H 38 N 37 N 36 3 V N N Q - � 5q 45 91 75 a :559 230 1 52.29 52 " H /r 52.2 ■ .52 02 �2 L5 C 0 ti. N c' 1 G 0 M /� R E �1•/j O : �.. 100` Q N 5 8 —001—e-563 55.33 90-7 4 5 7 75.06 41dd T N 3700 3000 3 0 4000 N 34 100.57 3E? �, N (0900 ' '4 31 2 33 .05Ac. • H77o 49.57 88.61 54.22 48.30 36 086 05 w o a `° 6800 6700 6600 56 C7 N8? '19•'W N88 30'1 K 6 Ol +'n ri 40 6 1\ 3 3 t y In wri 751 200 s,3! 33 43.46 � 4 ~ 29 46 27030 _ 69 d0 <i<a: 101 0 7000 �' 97 96 95% 9400 loo g r 98 9800 -`"9700 9600 95dd ; ()99 a !f (�' o �^ TRACT .,C,•� '�� 49.94 IM C T] !\] I I�'� ^t - 117 t (6 a OPEN AREA10 J - 74.36 r^ p 74` 70' 4 8.19 2 17 24' 4122 7o' 1 KAT E R f N E ' 39.70_2633 30.58 35 2• 1516 49.26 e2 43 7t R*373 4 74 75 1STREE,9,, ��S.W. KATHERINE 7500 7600 75 61.03 ;)74 '25 3(23.78 R_60. _ - - 7700 .�y O , 4�9 95 4254 754 4767 7744 7Q 51 104 7800 '%r„6500 gg00 '- 10000 IOtQO 10200 a 10300 1055W) 94 o of 0. 106 0 107 a in y 19 8 0 120 1211 TRACT t OPEN AREA o 122 74 o 110' N o ! O i 7s' W �/ II rao7 72• Ts 85.79 6400 , . •, 74.07 O t L ti ti ty►.�`1►.7► \ n' ” 8200 73.68 o 8100 a Q +` 93 0 Or 8004 4r ill '° Ilo '= � 7900 9 109 a 108 5 4 o y � �„� 1 f U 2 V 70' _. 72' ! \� w Nlip,p .....ewW ' . ' EXHIBIT "A" Thome tracts of land located in the yuutheeayt 1/4 of Section 33, Township 1 South, Range 1 West, Willamette Meridian, City of T�gard' Washington County, ^ Oregon, being described as follows : Parcel I Beginning at a point which bears South 880 30' 11" East, 12.50 feet from the southeast corner of Lot 34' Morning Hill No. 1' a recorded plat' Washington County Plat Records; thence North 10 20' 40" East, 76.26 feet to the south right—of—way line of S.W. Falcon Rise Drive; thence northeasterly on said south right—of—way line on an 075 foot radium curve concave to the north (the chord of which bears North WU» 04' 51" East, 15.30 feet), 15.30 feet; thence South 10 29^ 40" West, 79.29 feat to the south line of Tract "I", said Morning Hill No. 1; thence, North 880 30` 11" West, 16 feet to the point of beginning, containing approximately 1167 square feet. Parcel II A ten foot wide strip of land located in Lots 36 and 35^ Morning Hill No. 1, a recorded plat, Washington County Plat Records, the centerline of which in the east line of said Lot 36. The side lines of said strip of land, being 5 feet from said centerline when measured at right angles, lengthen or � shorten to terminate on the north and south lines of said Lots 35 and 36^ containing approximately 1~152 square feet. ' ' Parcel III Beginning at the northeast corner of bot 35, Morning Hill No. 1, a recorded plat, Washington County Plan Records; thende South 10 19' 05" Went - 04.38 feet to the southeast corner of said Lot 35; thence southwesterly on the north right—of—way line of S.W. Falcon Rise Drive, on a 275 foot radius curve concave to the north (the chord bears South 690 43' 42" Went' 5.38 feet)' 5.38 feet; thence North 010 10' 05" East, 46.36 feet to the north line of said Lot 35; thence South 880 40' 55" East 5 feet to the point of beginning, containing approximately 477 square feet. nb/32O0P � July 7, 1007 Ru: Morning Hill No. 1 Subdivision (Lots 35, 30 & Tract I) Vacation of Public Utility Easements Dear Property Owner: The Tigard City Council will hold a public hearing on Monday, July 27, 1087 at 7:00 P.M. at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of the above mentioned utility easements . (See enclosed location map. ) Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objection or remonstrance shall be filed with the City Recorder by July 27, 1987 by 7:00 P.M. at Tigard City Hall at the address listed below. The vacation requested was initiated on June 15^ 1.987 by the Tigard City Council at the request of Wedgewood Homes, Inc. to return the land to private ownership. The legal description of the parcel to be vacated is also attached for your information. If you need further information, please contact my office. Sincerely, Catherine Wheatley Deputy City Recorder ow/4487A CC: Planning Department City Engineer, ` CITY OF TIGARD, OREGON RESOLUTION NO. 87— a3 A RESOLUTION CONCERNING VACATION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 35, 36 AND TRACT I, MORNING HILL NO, 1, A RECORDED PLAT, IN THE CITY OF TIGARU, WASHINGTON COUNTY, OREGON (WEDGWOOD HOMES, INC. ) . WHEREAS, m vacation request has been received and filed with the City Recorder for vacation of public utility easements; and WHEREAS, this portion of land was previously granted for public utility purposes, it has been determined to not be needed by the City for this purpose in its current alignment; and WHEREAS' the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE' BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign m petition shall be notified by mail of the proceedings and that the benefiting property owner, Wedgwood Homes, Inc. , pay all fees and charges as net out in TMC Chapter 16.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, July 27^ 1087^ at 7:00 P.M. at the Tigard Civic Center Town Hall Room, 13125 9W Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands. (3) That the City Recorder be, and she in hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such Purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be June 25' 1987 and once each week thereafter for five publiuhings in all. ' The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area proposed to be vacated. RESOLUTION NO. 87-9�3 Page 1 (4) That the particular portion of granted public utility easements proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part thereof. -61) PASSED: This day of , 1087. ' Mayor — City of Tigard ATTEST: Deputy City Recorder — City of -riga�d— (RC:cn/1485W) � ' RESOLUTION NO. 8 Page 2 EXHIBIT "A" Those tracts of land located in the nuutheeast 1/4 of Section 33' Township 1 South' Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described an follows: Parcel I Beginning at a point which bears South 880 30' 11" East, 12.50 feet from the southeast corner of Lot 34, Morning Hill No. 1, a recorded plat' Washington County Plat Records; thence North 10 29' 49" East, 76.26 feet to the mouth right—of—way line of S.W. Falcon Rise Drive; thence northeasterly on said south right—of—way line on an 875 foot radius curve concave to the north (the chord of which bears North 800 04' 61" East' 15.30 feet), 16.80 feet; thence South 10 29' 49" West, 79.29 feet to the south line of Tract ''I"^ said Morning Hill No. 1; thence' North 880 30' 11" West, 15 feet to the point of beginning, containing approximately 1167 square feet. Parcel II A ten foot wide strip of land located in Lots 36 and 35, Morning Hill No. 1, a recorded plat, Washington County Plat Records, the centerline of which in the east line of said Lot 36. The side lines of said strip of land, being 5 feet from said centerline when measured at right angles, lengthen or � shorten to terminate on the north and south linen of said Lots 35 and 36, containing approximately 1, 152 square feet. Parcel III Beginning at the northeast corner of Lot 85, Morning Hill No. 1, a recorded plat, Washington County Plan Records; thence South 10 ly' 05" West 04 .38 feet to the southeast corner of said Lot 26; thence southwesterly on the north right—of—way line of S.W. Falcon Rise Drive, on a 276 foot radium curve concave to the north (the chord bears South 690 43' 42'/ West, 5.38 feet), 5. 38 feet; thence North 010 19' 05" East, 06.26 feet to the north line of said Lot 35| thence South 88" 40' 55" East 5 feet to the point of beginning, containing approximately 477 square feet. sb/3206P o IVIAIG HILL. IVO, 1 .EA s,C A1E/t/TS To 6 VACATEL-) 5119197 -PA FC-E L ILE I^t 4: y 1` = '30 36 PUC-SLIC UTILITY E ASEMF NT T o SE VgCgTED i i S ,Uj F4LCOk\ is c-- PARCEL PAR EL 1 f To « sr _- ©ll C .�•° 1 / 1Cw \ f LA r1�1.V1 `SUMMERLAKE /PARK �- s.wa w. �r1t1111r 4.■. tx DESCRIBED AREA 'q K E� �.■. /[111141{iJl. W � t v C RMONT t LAU W0 MARX IL Oro UUJLJL f WOODWARD ■ �o ELEMENTARY ■oma "" on. SCHOOL t.■. 32 33 T 3334 5 4 NOON CT iw ~ �r cr. ' I . �. � ( c■.us e YU�RA kh ± •LVC EXTEMt10N ..._� ~�� Gil+ • i s" 1 . r \ nvE « I S w t y f Y '• ( i f!Ir 4 Y "&*I R. t X wA�WT sr. T TV « .:�....._..— /�-�� 1 a•—moi-�!� *"/ I 3 -N- + rr I i I �___ 1 = 800 General Telephone Company ofthe Northwest, Inc. 12400S.VV. Maio. p OBox 23416 hgan1, Oregon B7223 July 2, 1987 City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Attn: Catherine Wheatley General Telephohe has no conflicts with the proposed Vacation areas listed below: l, Chelsea Hills #1 2. Morning Hill #1 3, ) Portion S.W. 75th Ave. Robert Olsen Service Supervisor-Engineering /v` [nua| Opoo:onxy �__m;'oyn' CITYOFTIIFAPD OREGON June 29, 1987 25 Years of Service(Y 1961-1986 Tigard Water District Attn: Bob Santee 8841 S.W. Commercial Street Tigard, OR 97223 Dear Mr. Santee: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED • Chelsea Hills No. 1 No problems (Easements) • Morning Hill No. 1 Parcel I; Existing 6" D.I. water (Easements) main 6" from proposed vacation. TWD needs 10' on each side of pipeline for maintenance. (See map) . • Portion SW 76th AvenueParcels II & III: No problems. No problems, except assume Gentle Woods Lane will substitute therefor. Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171. Sincerely, �= bl-L4'� Catherine Wheatley Deputy City Recorder ew Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 Mo fQ/V 1IV G HILL IVO, 1 ,E,4 s�— MEAITz To 6,C VACA TE i - - 5119167 -PA PC-CL cF— � a 35 = 3)D ' 7 PUBIC UTILITY E ASF-MF-NT `i" o SE VACATED S .Uj. FLCOM R,ssE-- -DR I LVAD re" kl A, d F.A RC E t_.. I �v�n� 1zg NiU vac 4-idh ta l—__.—__..—___. 'lI SG~�` - fes' �•�. sr - 1 1 L AA , TO .•��•� „T YlllVl NSUMMERLAKE PARK \ 4 /• � �wvnc�o a. • e j• W. i AS'� "T`"' DESCRIBED AREA LN t y C RMONTi Sw t 1 ® LAU MO MARY ro" WOOOWARO ELEMENTARY SCHOOL 32 33 O 3334 5 4 ` sw, s T = al.wul.a s.w. � ^ of cr. f �\\ NINOION CTT S.W. j3 • _ tw waLS O ►O+tEO A ke► � � + •IVC. EXTCNiION ♦ R r \ t � nvE Y � t I - - I tet o� Ww Cf. X .. WALNUT ST. L-j I LL M 1 r - 7 I "� -- — -- - -N- I ---- I 1••_ 800' � MEMORANDUM CITY OF TICARD, OREGON TO: Cathy Wheatley July 6, 1987 FROM: Chief Lehr .^' SUBJECT: Public Hearings for Street and Easement Vacations The Police Department has reviewed the material relating to the Chelsea Hilly and Morning Hill easement vacations and the 76th Avenue Street vacation, and have no objections to the vacations and have no conditions of approval to cite. DL: mb/1071W ' ` \ � NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209 (50 3)226-4211 July 1, 1987 City of Tigard Attn: Catherine Wheatley P.O. Box 23397 Tigard, Oregon 97223 Re: Proposed Easement Vacations , Morning Hill No. 1 Dear Ms . Wheatley: Please be advised that Northwest Natural Gas Company has no facilities within the proposed vacation area. We would, therefore, have no objection to the City vacating the area. Please notify us when the vacation is complete so that we can update our records accordingly. Since/rely, q 4az Diantha G. Beal Engineering Department cc: R. Polvi Vacation File Plat : 42-16 CITY OF TIFA RD June 29, 1987 OREGON 25 Years of SeMce 1961-1986 C---- Washington County Fire District No. 1 20665 S.W. Blanton Street Alona, OR 9-1 OU07 Gentlemen: The City of Tigard is considering vacation of the area shown on the attached map. Please respond, in writing, with regard to any concerns you foresee should this proposed vacation be approved. Also, cite any conditions of approval you would recoomend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Morning Hill No. I (Easements) Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Catherine Wheatley Deputy City Recorder ew Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY OF TIOA RD OREGON 25 Years of SeMce 9969-9986 June 29, 1987 Unified Sewerage Agency Attn: Terry Chamberlain 105 North First Hillsboro OR 97123 Gentlemen: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Portion SW 76th Avenue Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Catherine Wheatley Deputy City Recorder cw Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Clarno June 20, 1987 FROM: Cathy Wheatley SUBJECT: Street and Easement Vacation Postings Please have your staff post the following street and easement vacation notices by July 1, 1087: Chelsea Hills No. 1 Subdivision (Lots 13 and 14) — Vacation of Public Utility Easements ' Morning Hill No. 1 Subdivision (Lots 35, 36 & Tract I) — Vacation of Public Utility Easements Notice of S.W. 76th Avenue Street Vacation - (Between S.W. Bonita Road and S.W. Durham Road) Each vacation should be posted at or near each end of the proposed vacation and in at least two conspicuous places in the vacation area to comply with the ORS re�quiremento. ^ When the posting is done, a certificate of posting must be completed and signed by the person posting with the signature notarized (I am now a notary and can do thin| \ ) . The original certificate should be returned to me for file. Thapko for your help. cw/4702H NOTE: Randy, ][ still meed the maps to send to utility companies and affected property owners. These should go out the first of next week in order to give adequate notice. Thanks. MEMORANDUM CITY OF TIGAR8^ OWEQQ0 TO: Keith Liden & Randy Clarno June 26, 1087 FROM: Cathy Wheatley SUBJECT: Vacations Scheduled for Council Public Hearing - July 27^ 1087 Attached in a copy of each letter which will be sent to surrounding property owners notifying them of the July 27' 1987 Council hearing for the following vacation requests: ,,..Chelsea Hills No. I Subdivision (Lots 13 and 14) - Vacation of Public Utility Baseme-nts Morning Hill No. 2 Subdivision (Lots 35, 36 & Tract I) - Vacation of Public Utility Easements Notice of S.W. 76th #uenwm Street Vacation - (Between S.W. Bonita Road and S.W. Durham Road) Please refer to TMC 15.08 if you wish to recheck vacation ordinance requirements which outline the information needed from your offices tu be 'presented at the Council's Public Hearing. Please note this is due July 10 for the packet of the 27th. cw/4720A June 30, 1087 Re: Morning Hill No. 1 Subdivision (Lots 35^ 36 & Tract I) Vacation of Public Utility Easements Dear Property Owner: The Tigard City Council will hold a public hearing on Monday, July 27, 1987 at 7:00 P.M. at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of the above mentioned utility easements . (See enclosed location map. ) Any intereotmd person may appear and be heard for or against the proposed vacation of said lands. Any written objection or remonstrance shall be filed with the City Recorder by July 27' 1087 by 7:00 P.M. at Tigard City Hall at the address listed below. The vacation requested was initiated on June 15' 1087 by the Tigard City Council at the request of Wedgewood Homey' Inc, to return the land to private ownership. The legal description of the parcel to be vacated is also attached for your information. If you need further information' please contact my office. Sincerely, Lureen R. Wilson City Recorder lw/4487A CC: Planning Department City Engineer NOTICE OF MORNING HILL NO. 1 SUBDIVISION (LOTS 35, 36 & TRACT Q VACATION OF PUBLIC UTILITY EASEMENTS The Tigard City Council will hold a public hearing on Monday, July 27, 1987 at 7:00 p.m. at Tigard Civic Center Town Hall Room, 13125 S.W. Hall Boulevard, Tigard, Oregon to consider the proposed vacation for public utility easements within Lots 35' 20 and Tract I^ Morning Hill No. 1' a recorded plat in the City of Tigard' Washington County, Oregon. The subject vacation is a condition of approval for Minor Land Partition 4-88 and Lot Line Adjustment 7-86. The request was initiated by the City Council on June 16^ 1987 at the request of Wedgewood Homes, Inc. Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objections or remonstrances shall be filed with the City Recorder by July 27^ 1087' by 7:00 p.m. TT Publish June 25^ July 2^ Q^ 16 and 23^ 1987 ' ' ' � ' , AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I' 00being first duly sworn, on oath depose and say: (please print) ' That I mm the the City of Tigard, dreg / That Z served notice of / | for the Tigard City Council /�/� Cj[ /\' V\�� ^ " ` ` ) of which the attached is a copy (Marked Exhi it A) upon each of thed persons listed on the attached Exhibit B on the /�[] day of / 198 , by mailing to each of them at the address shown on the) attached Exhibit B^�aid notice as hereto attached, deposited in the United States Mail on the day of IA. 108 , postage prepaid. Perso who delivered to Post Office Subscribed and sworn to before me on thimday of �� m m ■ o m m � ■ r---- m i w ' ■ w ■ > Q a DESCRIBED ■ AREA W , ■ 10 i 2 z z sz 1130C _ 1200 100 1000 900 ( _ ■■ m—I `., Q5 N— -- 50R 700x 600, 600 0 0 7A c. 35�41 40 39 38 37 N 36 ytY 5 275 o C) ■ 2 ( 52i0 3'vN ^ i 32.2 52.02 ° '1 i N %. R E D o % N ■ 1 - 100 / T N 30 01'25'63 35.33 5 07 75.06 9 4 ■ / 3700 3600 3 0 400J N4100 c N 34 loo.s7 30 N N 10900 N 31 e 2 o NI 90 0 33 v .O Ac. ■ 36 0916 0.5"w p449.37 58.81 54..22 48.58 ■ ' 36 07 N82 '19"W N88°3U 1 N 't? (J p 6800 6700/ 6600 j 6C50 1 3 }} 1 75 O n M 40 200 71 29 6.33 48 27.03 43.46 c 7100 6900 �+ o n ■ _ gg o 98 2 800 009 OJO 9600 9500 I 9400 101 0 o n 97 ^ 96 95' o n 70 ram.,:.;,•.-vrrii.riiiirririiii, rui�r ririiiiiiiiiiiiiiiiiiiiii riarr,riiiiii.;•vrriiir 100 \ r ° 1 TRACT • "0' 49.94 J �J T� \� J I\J �`- IIF. ^ = 117 116 n OPEN AREAS 11 74.36 J J �` 0,o o - 7a' o - - - 0 70' Z ,v 48.•92 17.52 24 4122 70 1'. K a T E R I N E R-375' 39..- }2633 30.58 35 2• 15 7G 49 26 82 43 - 7150 74 �STREEµ . S.W. KATHERINE S -1 7500 75 75 �'i N°230 . 7600 61.03 `h`9p ,r66 b 19 7q t25 31 23.78 N-b0 _ - 7700 7800 �` 50' ti 4r 54 7 +4761 --7744 G� 104 1051 N Wo 9900 n 10000 10100 10200 ,-10300 IO 106 o ^ o N107 N � 119 � 120 TRACT E o g! 74' Z `/ �_ °- 121 1 OPEN AREA a 12270.07 75' o o °7Z >5 85.79 W5200 74.07 fN 81001i 73.68 Q o 8000 7900 ^ 14 0 111 Olt fl- 40 - p 110 109 ei 0 108 `• ■ i050u Ji I J� i� m 6300 102 70' 72' : -J — i - EXHIBIT "H" Those tracts of land located in the southeexyt 1/4 of Section 33, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County' Oregon, being described an follows: Parcel I Beginning at a point which bears South 880 30' 11" East, 12.50 feet from the southeast corner of Lot 34, Morning Hill No, 1, e recorded plat, Washington County Plat Records; thence North t» 29' 40" East, 70.26 feet to the south right—of—way line of S.W. Falcon Rine Drive; thence northeasterly on said south right—of—way line on an 875 font radius curve concave to the north (the chord of which bears North 800 04' 51" East, 15.30 feet), 15.38 feet; thence South 10 29' 49" West, 79.20 feet to the south line of Tract "I"^ said Morning Hill No. 1; thence, North 880 30' 11" West, 15 feet to the point of beginning, containing approximately 1107 square feet. Parcel II A ten foot wide strip of land located in Lots 36 arid 35, Morning Hill No. 1, a recorded plat, Washington County Plat Records, the centerline of which in the east line of said Lot 36. The side lines of said strip of land, being 5 feet from said centerline when measured at right angles, lengthen or � shorten to terminate on the north and south lines of said Lots 35 and 36, containing approximately 1,152 square feet. .~ Parcel III Beginning at the northeast corner of Lot 35, Morning Hill No. 1, a recorded plat, Washington County Plan Records; thence South 10 10' 05" West 94 .38 feet to the southeast corner of said Lot 35; thence southwesterly on the north right—of—way line of S.W. Falcon Rise Drive, on a 276 foot radius curve concave to the north (the chord bears South 600 43 ` 42" West, 5.38 feet), 5,88 feet; thence North 010 19' 05" East, 96.36 feet to the north line of said Lot 35; thence South 8811 40' 55" East 5 feet to the point of beginning, containing approximately 477 square feet. sb/3206P � MORNING HIII. I 18900 0900 '~ 13I 33DC � � WedgwoodHomes �� Y W�� - ~ �,/7 _ 13250 S.W. Falcon Rise Dr. 120I0 S.W. Katherine St. - Tigard, OR 97223 Tigard, 08 97223 500 lGI 33DD TI lUO 18000 Russell A. Krueger Thomas m Jill yuoera William Charles m Lori Ann SshL 1]]5 S.W. 66th Avenue #402 Clyde C. III m R.J. Saylor 12980 S.W. Katherine Portland, 08 97225 R.J. Jr. m C. ET. A[' Welch Tigard, OR 97223 S.W.6120 Spznoe Beaverton, 0l 07005 600 6300, 6400, 6500-6800 101OU Wedgwood Homes of Portland, Inc. Benjfrao Development, Inc. Samuel J & Mary D Phillips I3250 S.W. Falcon Rise Dr. 501 S.E. Hawthorne Blvd. 12940 8.W. Katherine Tigard, OR 97223 P.O. Euzx 6400 Tigard, OR 97223 Portland, OR 97238-6400 700, 800 6900, 7000, 7900 �'O2 B a K Investors Gk/viesBcmuys Inc. IYaeOzegcm BanI,: 13250 S.W. Falcon Rise Dc. 17860 Monticello Dr. Property Management/Rae Menasl» Tigard, OR 97223 Gladstone, OR 97027-6400 P.O. Bon 3066 _ Portland, OR 97208 801, 900 7I00,7600-7800 Dennis m Janet W. Hasty Ienjfzan Development Inc. 13065 S.W. Falcon Rise Dz. 501 G.E. Hawthorne Blvd, Tigard, OR 97233 P.O. Box 6400 Portland, OR 97228-6400 1000 � Martha K. Clancy 13085 S.W. Falcon Rise Dz, Tigard, OR 97233 lIOO 8000 DaleWL/Bzidget L. Miller Morning Star Construction. Inc 13150 S.W. yalocm Rise Dr~ 1II80 S.W. Errol Street Tigard, OR 97223 Tigard, OR 97223-6400 3900 8100 Gregg m Carol 0elamu Kenneth A. Coe 13110 S.W. Falcon Rise Dr. 3645 S.W. 174th Tigard, OR 97223 Aloha, OR 97005-6400 4000 2e1 4/uA TI 9600 Jerry D. Barnett a Arleen Norton Mark Zimmel 13090 S.W. Falcon Rise Dr, Terrie Cates Tigard, OR 97223 6960 S.W. Clinton Tigard, OR 97223 4100 9700 Gary Raymond Ronald E. a Lynda K. Browning 13050 S.W. Falcon Rise Dr- 12955 S.W. Katherine Tigard, OR 97223 Tigard, OR 97223 9800 Thomas J & Vicki L. Crampton 12995 S.W. Katherine Tigard, OR 97223 AFFIDAVIT OF POSTING In the Matter of the Proposed MORNING HILL NO. 1 SUBDIVISION (LOTS 35, 36 & TRACT 1) — VACATION OF PUBLIC UTILITY EASEMENTS STATE OF OREGON County of Washington) ss. City of Tigard I, Z6�L -being first duly sworn, on oath depose and say: That I posted in the following public and conspicuous places, a copy of Notice of Public Hearing of the Morninf, Hill No. 1 Subdivision Vacation Counciee Of` Public U+.ili+.y Epapmentiq fnr 7/27/87 A l a cmop�iw said notice being hereto attached and be reference made i'part hereof, on they day of 19 e 7 21 541 75 E- C) 7 7t CC '3 Subscribed and sworn to before me this,J,Lday of .J"Ao. —a W6tary Public for Oregon Aff*-.davit of Posting My Commission Expires.- CITY OF TIGARD NOTICE OF MORNING HILL NO. 1 SUBDIVISION (LOTS 35, 36 & TRACT Q VACATION OF PUBLIC UTILITY EASEMENTS The Tigard City Council will hold a public hearing on Monday, July 27, 1987 at 7:00 p.m. at Tigard Civic Center Town Hall Room, 13125 S.W. Hall Boulevard, Tigard, Oregon to consider the proposed vacation for public utility easements within Lots 35, 36 and *Tract 1, Morning Hill No. 1, a recorded' plat in the City of Tigard, Washington County, Oregon. The subject vacation is a condition of approval for Minor Land Partition 4-86 and . Lot Line Adjustment 7-86. The request was initiated by the City Council on June 15, 1987 at the request of Wedgewood Homes, Inc. Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objections or remonstrances shall be filed with the City Recorder by July 27, 1987, by 7:00 p.m. Tr Publish June 25, July 2, 9, 16 and 23, 1987 - CITY OF TIGHRD, OREGON RESOLUTION NO. 87—��~^-~�� A RESOLUTION CONCERNING VACATION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 85' 36 AND TRACT I^ MORNING HILL NO. 1^ A RECORDED PLAT, IN THE CITY OF TIGARD^ WASHINGTON COUNTY, OREGON (WEDGWOOD HOMES, INC. ) . WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of public utility easements; and WHEREAS, this portion of land was previously granted for public utility purposes, it has been determined to not be needed by the City for this purpose in its current alignment: and WHEREAS' the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the ' understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings and that the benefiting property owner' Wedgwood Homes, Inc. , pay all fees and charges as met out in TMC Chapter 15.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, July 37^ 1987' at 7:00 P.M. at the Tigard Civic Center Town Hall Room' 18125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands. (3) That the City Recorder be, and she is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such pu�pose^ m notice of said hearing in the form hereto attached and by this reference made a part hereof' the first publication to be June 26^ 1987 and once each week thereafter for five publinhings in all. ' The Recorder be, and she is hereby' further directed to cause to have posted within five (5) days after the date of first publication' a copy of said notice in the form attached, at or near each end of the area proposed to be vacated. RESOLUTION NO. 87-10 Page 1 ^ (4) That the particular portion of granted public utility easements proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part thereof. PASSED: This day of ^ 1987. ' Mayor City of Tigard ATTEST: - Deputy City Recorder - City of -riga�d (RC:cn/1485W) - ' � ' RESOLUTION NO, 87- Page 2 EXHIBIT "A" Those tracts of land located in the uoutheeast 1/4 of Section 33^ Township I South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Parcel I Beginning at a point which bears South 88« 30' 11" East, 12,50 feet from the southeast corner of Lot 84' Morning Hill No. 1' a recorded plat^. Washington County Plat'' Records; thence North 10 29' 40" East, 76.26 feet to the mouth right—of—way line of S.W. Falcon Rise Drive; thence northeasterly on . ' said south right—of—way line on an 875 foot radius curve concave to the north (the chord of which bears North 800 04' 51" East, 15.30 feet), 15.30 feet; thence South 10 29' 49" West, 70.20 feet to the south line of Tract "I"^ said Morning Hill No. 1; thence, North 880 30' 11" West, 15 feet to the point of ' beginning, containing approximately 1167 square feet. Parcel II A ten foot wide strip of land located in Lots 36 and 35^ Morning Hill No. 1' a recorded plat, Washington County Plat Records, the centerline of which is the east line of said Lot 36. The side lines of said strip of land, 6*im3 5 feet from said centerline when measured at right angles' lengthen or � shorten to terminate on the north and south linea of said Lots 35 and 30^ containing approximately 1,152 square feet. ' - Parcel III Beginning at the northeast corner of Lot 25^ Morning Hill No. 1' a recorded plat, Washington County Plan Records; thence South 10 lg' 06" West 94.38 feet to the southeast corner of said Lot ]S; thence southwesterly on the north right—of-way line of S.W. Falcon Rise Drive, on a 275 foot radius curve concave to the north (the chord bears South 600 43 ' 42" West, 5.38 feet), 5.38 feet; thence North 010 19, 05" East, 96.30 feet to the north line of said Lot 35; thence South 880 40' 56" East 5 feet to the point of beginning, ~' containing approximately 477 square feet. sby3206P ^ ' I'IORIVIIVG CIVO. 1 To Sc VA car TE I} 51 911?7 -'A RCE L 37 3h5 POCLlc UTILIT E ASEMF MT TO BE VACAT r- D F LCoM I,i s DR t 7` T -PA RC E L To 1 i c". ZS •; '— r a rO < O tj C , -- s� + e s. 1 ... Swi /••� YILIVI \SUMMERLAKE PARK \ P � s. t *C EM '" DESCRIBE AREA c rt14 r; sa MARY o ®" WOOOWARO or Z ELEMENTARY «► SCHOOL a... 32 33 ' • 3334 T 5 4 ��\ sw.c s S.W. ^ f T i NINOON CT Ow G C► • a..us � .� aIVC EXTf NStON � � nVE. roo. f t 1 - 1 e u •'�- .roc c=. ✓ N X WALMJT ST. s. i -- ' r { I - N- 800 800 MEMORANDUM CITY OF TIGARD, OREGON TO: Chief LehrJune 29, 1987 FROM: Cathy Wheatley 6D SUBJECT: Public Hearings for Street and Easements Vacations The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED • Chelsea Hills No. I (Easements) • Morning Hill No. 1 (Easements) • Portion SW 76th Avenue Due to time constraints, please return this memorandum with any concerns/comments you may have to me by July 8, 1987. Thanks for your help. ew Attachments MEMORANDUM CITY OF TIGARD, OREGON TO: Keith Liden June 29, 1987 FROM: Cathy Wheatley SUBJECT: Public Hearings for Street and Easements Vacations The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Chelsea Hills No. 1 (Easements) o Morning Hill No. 1 (Easements) o Portion SW 76th Avenue Due to time constraints, please return this memorandum with any concerns/comments you may have to me by July 8, 1987. Thanks for your help. ew Attachments MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Clarno June 29, 1987 FROM: Cathy Wheatley QR SUBJECT: Public Hearings for Street and Easements Vacations The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any .conditions - of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED • Chelsea Hills No. 1 (Easements) • Morning Hill No. 1 (Easements) o Portion SW 76th Avenue Due to time constraints, please return this memorandum with any concerns/comments you may have to me by July 8, 1987. Thanks for your help. ew Attachments CITY Y ITi OREGON 25 Years of Service June 29, 1987 1961-1986 P.G.E. Company Attn: Jim Ryan 14655 S.W. Old Scholls Ferry Rd. Beaverton, OR 97005 Dear Mr. Ryan: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any .conditions - of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Chelsea Hills No. I (Easements) o Morning Hill No. 1 (Easements) o Portion SW 76th Avenue Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171• Sincerely, Catherine Wheatley Deputy City Recorder ew Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITYOFTWARD OREGON June 29, 1987 25 Years of Service 1961-1986 Northwest Natural Gas Company Attn: Mr. Jack Mills 210 NW Second Avenue Portland, OR 97209 Dear Mr. Mills: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED • Chelsea Hills No. 1 (Easements) • Morning Hill No. 1 (Easements) • Portion SW 76th Avenue Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Catherine Wheatley Deputy City Recorder ow Enclosure 13125 SW Hall Blvd,,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY OFTIOwARD OREGON 25 Years of Service June 29, 1987 1961-1986 General Telephone Company Attn: Bob Olson P. 0. box 23416 Tigard, OR 97223 Dear Mr. Olson: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions_ of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Chelsea Hills No. 1 (Easements) o Morning Hill No. 1 (Easements) o Portion SW 76th Avenue Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171 . Sincerely, Catherine Wheatley Deputy City Recorder ew Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 � C 1TYO FTI;A RD OREGON June 29, 1987 2�Years of Service 1961-1986 Tigard Water District Attn: Bob Santee 8841 S.W. Commercial Street Tigard, OR 97223 Dear Mr. Santee: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED • Chelsea Hills No. 1 (Easements) • Morning Hill No. 1 (Easements) o Portion SW 76th Avenue Due to time constraints, please_ eturn this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171 . Sincerely, Catherine Wheatley Deputy City Recorder ew Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 C ITYCOFT167ARD ITY OREGON June 29, 1987 25 Years of Service 1961-1986 Tualatin Rural Fire District Attn: Tom Thompson P. 0. Box 127 Tualatin, OR 97062 Dear Mr. Thompson: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Chelsea Hills No. I (Easements) o Morning Hill No. 1 (Easements) o Portion SW 76th Avenue Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Wj--e4z9 Catherine Wheatley Deputy City Recorder ew Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 C CITYOF MAW CRY OREGON July 29, 1987 25 Years of Service 1961-1986 Willamette Cable Attn: Frank Stone 14200 S.W. Brigadoon Court Beaverton, OR 97005 Dear Mr. Stone: The City of Tigard is considering vacation of- the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect Your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Chelsea Hills No. 1 (Easements) o Morning Hill No. 1 (Easements) Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171. Sincerely, IVA Catherine Wheatley Deputy City Recorder CW Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 C ITY CITYOFTIFARD OREGON June 29, 1987 25 Years of Service 1961-1986 Washington County Fire District No. 1 20665 S.W. Blanton Street Aloha, OR 97007 Gentlemen: The City of Tigard is considering vacation of the area shown on the attached map. Please respond, in writing, with regard to any concerns you foresee should this proposed vacation be approved. Also, cite any conditions of approval you would recoomend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Morning Hill No. 1 (Easements) Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171. Sincerely, a-10�-tfld� Catherine Wheatley Deputy City Recorder ow Enclosure 25 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 H11- L .4o-f-rs 13 ,9z /4 Sro�2/�'I 1�2!{iN �45�A'I iU� ✓gCATion/ KEY - 50 -PoPmO M VAcAT'IZD I i I 'l=20 _ g L14 T ut 0 V) 1 Qrj 50 i A4 Awl ■� , .��i� .moi �� i ► � �+� . �� . �� a .^, 1�■ 1 MORIVI'lvG NO, -PA Rr..e L 2c � 36 35 PU C-:LI C UTILITY E ASE tAI=NTT O 6E VACATED S .VJ.. FALCON\ I<i s C.. -D . I jP.A KCF L S I r nor^ l hg E4i U �t - va -.aridh --j - .1 3 I •�4y oO — r f. OUC TO • • — 1. D!4D a- s� ............�a 1 �° Dw 11p4V lk cm sw f • 1 •`_•••`• MlllVl .'„SUMMERLAKE•/PARK Mff 4 DESCRIBED AREA LR U.. E 6 C RMONT- f1T t LAU NO MARY yUr �o�wNfE EMENTARY nmol.pa I SCHOOL .... -- 3 33 3334 5 sy ST CA C-4 MINOOR CT f,,,, u Sea *PRtA fIVC EXTf flftoil . w a ` AVE c I I '(Jam”, f.. waLMaf fT. l� t� � wMC Cf. ✓ f fIALM1T ST. Lji i tal _ t aa� --- --------- — -- --— ----�� - -- -N- 1"= N-1- _ 800' S LA.) '" 4A V -c ► !2l.13 000 1100 1204 1300 1400 N S + 100 3 e 4 5 6 a: /.77 Ac. JN r I isaw4 1. 17 ,¢ 1500 p .1 �1 R �, r TRACT 8 33 NTL.E .,rJ , 127 Ac. R 2 _{� � 900 28 Iboa _ 2 200 0 08 .� 70 47.17 -to, ,f1 > y •••w• •••• 327.62 V� � 1092.77 6ti /1 } 2700 1700 ° $ 0 19 R�� rAs $ �� se 2r & /.4a3aAc. 1800 S 31.42 \./ J 10 .1. JTA1p5 N J Jxx ms �• �*hAs2 �} Pei p 1900 00 ►i`. e � 14Ir 0 0 0 `Zty tp 16 4� 2300 ' 2100 2000 IAL $ 15 13 Lo a u T 114 ( I!i S4*•a - �CJV Xt t2i t0{ TACT lT.I• �{ � :: !10 Step r + L F= fa 400 `�r2Er�r To i 1.88 Ac. Bim. VAc-./?Tc� o x 26 32 assn ;; ff : .� Soo 318617 Ac. 1 ' N .t ,� 24 7i `'W pith AVE -�--; ::;: STREET SURFACES CURBED AND I j PAVED PAVED GRAVEL / ` 1 i..- 400' .......... . 180 YR FLOODPLAIN #= 'N N oo ....... o �,• 3,• �� I ^ rpWrI I ' to J .;.•.�:;.:•:::�:;:�}M�:'%'�'{ t SW KABLE LN. — �_ s' it} G`. '• •. } y HILL _ p; i 4. us 8JN(7 --T!57 : : i ... j lt)JRH'AW, - 1 Randy - Attached is a detailed timeline for the three vacations we are preparing for Council packets (July 27 Public Hearing). When preparing the packet for resolution would you also have prepared for me a map of the area (without the word "affected" property owners), names and addresses of affected property owners so I'll be able to send out the letters when the time comes. Also, please check below which utility companies you want contacted for their input for each of the vacations: Chelsea Hills Morning Hill S.W. 76th Ave. �PGE ! `� _________________________________ ------------ ---1 ___ __NW Natural Gas ----------------------------------- --------------------------------------------- ✓ General Telephone -------------------------------------------------- -------------- -------------- Pacific NW Bell ---------------------------------- -------------- -------------- -------------- ✓Tigard Water District (� V Metzger Water District ---------------------------------- -------------- -------------- -------------- �ktashington County Fire Dist. Ll j ✓Tualatin Rural Fire Dist. t/ V ---------------------------------- -------------- -------------- -------------- I ✓Willamette Cable V ---------------------------------- --------------------------------------------- State --- -------------- -------------- State Traffic Light Engr. ---------------------------------- -------------- -------------- -------------- Unified Sewerage ---------------------------------- -------------- -------------- ------------- Tri-Met Bus ---------------------------------- -------------- -------------- ------------- State Highway Division ---------------------------------- -------------- ---------------- -------------- Police, ------------- -------------- ------------- Police, Planning & Engrg. \r �j C6t�,ls� 14'Us (NOTE: PUBLIC HEjuiINGS TO BE SCHEDULED FOR 1st & - A MEETINGS ONLY) Morn 7& Q.0 CITY RECORDER TIMELINE - EASEMENT/STREET VACATIONS Date C G vh C2 -Pt- m acKeush- f2C -1)-t6 Consent Agenda - Resolution .No. &111,o Memo to Engineering (Clarno) & Planning (Liden)*with a copy of ` letter that is going to affected property owners. *cc Diane r 8 g P P Y Letters to Utility Companies with specific reply date. �( i (p Memorandum to Engineering (Clarno) requesting posting of notice of public hearing (5 days after 1st date of publication) Deliver ad to newspaper (5 consecutive publications) 1st Publication Planning Commission Review- f),CPCS mQ M v �mpg a�(0 Responses back from utility companies - have copies made and send to Engineering (Clarno) / Packet ready for Ordinance for consideration Public Hearing - Ordinance Post Ordinance 02 Send Ordinance to Washington County for recording. CITY OF TIGARD, OREGON ORDINANCE NO. 87—__q2 AN ORDINANCE VACATING A PORTION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 35, 36 AND TRACT I, MORNING HILL NO. 1, A RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to eliminate certain public utility easements for development purposes; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with ORS 271 . 100, the TMC Section 15.08 . 110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271 .080; and WHEREAS, the Council, having held a hearing on July 27, 1987, finds the public interest will not be prejudiced by the vacation as provided by ORS 271 . 120 and TMC Section 15.08 . 130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate public utility easement within lots 35, 36 and Tract I of Morning Hill No. 1 subdivision because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1 . The applicant of the vacation shall provide the Engineering Section with written notice and/or assurances from both the Tigard Water District and PGE that all of their affected services will be relocated as required. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1 : The Tigard City Council hereby orders the vacation of a portion of public utility easement within lots 35, 36 and Tract I of Morning Hill No. 1 subdivision as described and shown on the attached Exhibit "A", and by this reference made part hereof. ORDINANCE NO. 87—� Page 1 Section 2: The Ard City Council further ori > that the vacation be subject to the following conditions: 1 . The applicant of the vacation shall provide the Engineering Section with written notice and/or assurances from both the Tigard Water District and PGE that all of their affected services will be relocated as required. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. Section 3 : In no situation shall this Ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By U Mll-h �=11 1 vote of all Council members present after being reaa —by number and title only, this a�� day of Tui( u 1987. oreen R. Wilson, City Recorder APPROVED: This day of _I J 1987. Thomas M. Brian, Mayor RSC:cn/0092D ORDINANCE NO. 87--181 Page 2 EXHIBIT "A" Those tracts of land located in the southeeast 1/4 of Section 33, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Parcel I Beginning at a point which bears South 880 30' 11" East, 12.50 feet from the southeast corner of Lot 34, Morning Hill No. 1, a recorded plat, Washington County Plat Records; thence North 10 29' 49" East, 76.26 feet to the south right—of—way line of S.W. Falcon Rise Drive; thence northeasterly on said south right—of-way line on an 875 foot radius curve concave to the north (the chord of which bears North 800 04' 51" East, 15.30 feet), 15.30 feet; thence South 10 29' 49" West, 79.29 feet to the south line of Tract "I", said Morning Hill No. 1; thence, North 880 30' 11" West, 15 feet to the point of beginning, containing approximately 1167 square feet. Parcel II A ten foot wide strip of land located in Lots 36 and 35, Morning Hill No. 1, a recorded plat, Washington County Plat Records, the centerline of which is the east line of said Lot 36. The side lines of said strip of land, being 5 feet from said centerline when measured at right angles, lengthen or shorten to terminate on the north and south lines of said Lots 35 and 36, containing approximately 1,152 square feet. r Parcel III Beginning at the northeast corner of Lot 35, Morning Hill No. 1, a recorded plat, Washington County Plan Records; thence South 10 19' 05" West 94 .38 feet to the southeast corner of said Lot 35; thence southwesterly on the north right-of-way line of S.W. Falcon Rise Drive, on a 275 foot radius curve concave to the north (the chord bears South 690 43' 42" West, 5.38 feet), 5.38 feet; thence North 010 19' 05" East, 96.36 feet to the north line of said Lot 35; thence South 880 40' 55" East 5 feet to the point of beginning, containing approximately 477 square feet. sb/3206P MORAIIAIG HILL- IVO, 1 To SE VACATED 511916 7 PA RCE L !' = 30 PUC�LIC UTILITY E ASF-MF NT T O ISE.. VAcaTED S .�. F LCOti\ is C -Dr` . 34 r -PA RC E L I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 27, 1987 un/E SUBMITTED: July 1.54 1987 ISSUE/AGENDA TITLE-. Easement Vaca— PREVIOUS ACTION: Called for Public Tract I of Morning Hill No. 1 Sub. PREPARED BY: Dev, Services Manage�r1/4&-1 DEPT HEAD OK CITY ADMIN OK REQUESTED BY: )od Homes, Inc POLICY ISSUE Council—initiated street vacation request; consistent with Council Policy as adopted by Resolution No. 86-30. INFORMATION SUMMARY On June 15' 1087 Council passed a resolution to call for a public hearing on a Council—initiated vacation request to be held at 7-00 PM on July 27' 1087. The vacation in being processed by the City at the request of Wedgewood Homes, Inc. Wedgewood Homes, Inc. received minor land partition approval for a portion of Morning Hill No. 1 in 1986. A condition of that approval was that they complete vacation of certain public utility easements . Any objections or concerns filed by utility companies have been addressed in the conditions attached to the Ordinance. Planning Commission and the Department of Community Development have recommended approval. The hearing was published in L�e Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail. ' ALTERNATIVES CONSIDERED 1 . Approve vacation request as shown. 2. Approve vacation request with amendments . 3 . Request staff to prepare resolution denying proposed vacation bayed on objections and remonstrances received during the public hearing. FISCAL IMPACT ' N/A SUGGESTED ACTION Staff recommends Alternative No. 1 with motion to approve the Ordinance as presented. RSC:cn/0002D s I L 1 1 •�� oO _ ., a •� To •. DU C ; 0 011. 1�,J1{�L`�•�-/��,—l//r��.w I C t • `� •ttcKf CM 1 •`_•.•� YILLVI ,,SUMMERLAKE /PARKIk \ r • DESCRIBED AREA LN tw. v c RMOMT sw LAURYO MARY v 4rc ®V ELEMENTARY ••- SCHOOL E.W. 32 33 0 3334 5 4 sw,c s t = uT11c•.a S.W. " " c NINI cT aw • tlf.aaE � • ��`��yro �WI�RAION \ c s � • K E I � � w t w. �t sT. • YIAE Cr. ✓ x WALNUT ST. s. � fs i M + r 1 I ' i f 1 800 CITY OF TIGARD, OREGON RESOLUTION NO. 87—93 A RESOLUTION CONCERNING VACATION OF PUBLIC UTILITY EASEMENTS WIT14IN LOTS 35, 36 AND TRACT I, MORNING HILL NO. 1, A RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (WEDGWOOD HOMES, INC. ) . WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of public utility easements; and WHEREAS, this portion of land was previously granted for public utility . purposes, it has been determined to not be needed by the City for this purpose in its current alignment; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. . NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of .the proceedings and that the benefiting property owner, Wedgwood Homes, Inc. , pay all fees and charges as set out in TMC Chapter 15.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, July 27, 1987, at 7:00 P.M. at the Tigard Civic Center Town. Hall Room, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands. (3) That the City Recorder be, and she is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such p4rpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be June 25, 1987 and once each week thereafter for five publishings in all. The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area proposed to be vacated. RESOLUTION NO. 87—�93 Page 1 (4) That the particular portion of granted public utility easements proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part thereof. G) PASSED: This day of 1987• Mayor — City of Tigard ATTEST: Deputy City Recorder — City of igard (RC:cn/1485W) RESOLUTION NO. 87— Page 2 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council July 15, 1987 1=ROM: Randy Clarno, Development Services Manager` SUBJECT: Community Development Department Report for Proposed Vacation of Certain Utility Easements within Morning Hill No. 1 Subdivision. BACKGROUND All utility easements within Morning Hill No. 1 were granted with the recording of the subdivision plat back in October of 1978. In most cases, such as this, utility easements within subdivision plats parallel lot lines. Wedgewood Homes, Inc. received approval in 1986 (MLP 4-86) to adjust certain lot lines within the plat to create an additional lot and enhance lot sizes . The vacation of these easements is a condition of their minor land partition approval. FINDINGS Planning Commission The Planning Commission is required to make a recommendation as provided by Title 15.08.090 of the Tigard Municipal Code. On July 7, 1987 the Commission reviewed this request and recommended that it be approved without condition (See attached memorandum from the Planning staff) . Traffic, Pedestrian and Bicycle Circulation Given the nature and purpose of the easement, traffic, pedestrian and bicycle circulation is not impacted. It should be noted that these items were addressed with the subdivision approvals for Morning Hill No. 1 and later the Minor Land Partition approvals for Wedgewood Homes, Inc. Fire and Police Services Responses were received from both the Police Department and Washington County Fire District No. 1, and neither had concerns relative to service or response time. Drainaqe and Sanitary Sewer Both drainage and sanitary sewer services are provided to all. adjacent properties without utilizing these easements proposed for vacation. Proposed Vacation Memo Page 2 July 15, 1987 Other Utilities Responses were received from other utility providers and two had specific requests . These two were Portland General Electric and the Tigard Water District. PGE has requested that services on parcel I and II of Exhibit A must be relocated prior to vacation. The Tigard Water District has made a similar request concerning facilities it has within parcel I of Exhibit A. The applicant (Wedgewood Homes, Inc. ) has indicated that they will relocate facilities as required. Utility providers responding without concerns were: Northwest Natural Gas General Telephone Company Transportation Plan and Capital Improvements Plan Given the purpose and nature of the easements, the Transportation Plan is not impacted. All necessary improvements both transportation and utility related were installed with the Morning Hill No. 1 development. Therefore, the Capital Improvement Plan is not impacted by this proposal. RECOMMENDATION Based on the findings above, staff recommends that the proposed vacation of a portion of public utility easements within the Morning Hill No. 1 subdivision be approved subject to one condition as described below: The applicant shall provide the Engineering Section with written statements and/or assurances from both the Tigard Water District and PGE. that all of their facilities will be relocated prior to the recording of the vacation ordinance. RSC:cn/0092D MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Clarno July 14, 1987 FROM: Keith Liden (� SUBJECT: Street Vacations On July 7, 1987, the Planning Commission reviewed the following easement and right—of—way vacations: — Public utility easement for lots 13 and 14 in Chelsea Hills subdivision — Public utility easements in Morning Hills No. 1 — 76th Avenue right—of—way in the vicinity of Genesis and the proposed Partridge Hill subdivisions The Commission recommended approval of the proposals (minutes attached) . The Morning Hill No. 1 proposal is related to a recent land use approval (MLP 4-86) . Washington County Fire District No. 1 requested a temporary turnaround at the end of Falcon Rise Drive and the Commission wanted to emphasize that this should be done. KL:cn/0072D Attachment 2. City Council needs to communicate back to the Planning Commission the result (final order) and the reason for their decision. 3. When an item is considered to be a "hot potato" Planning Commission should determine if a respresentative should attend the City Council hearing as a resource person. 4. Periodic meetings should be held with City Council and Planning Commission when issue arise. o Priortization of Community Development Code Review 1987-88. William Monahan, Director of Community Development reviewed the proposed schedule of code revisions. Discussion followed. 3. Workshop adjourned 9:30 PM PLANNING COMMISSION 4. OTHER BUSINESS o Request by Citizens Savings & Loan Association for a six month extension to obtain preliminary plat approval for Summer Lake No. 2 Subdivision. Senior Planner• Liden reviewed the request and made staff's recommendation for approval. Commissioner Fyre moved and Commissioner Vanderwood seconded to approve the six month extension as requested. Motion carried by majority of Commissioners present. Commissioner Ownes abstained. 0 1. Request for vacation of public utility easements for Chelsea dills No . 1 Subdivision (Lots 13 and 14) . 2. Request for vacation of public utility easements for Morning Hill No. 1 Subdivison (lots 35, 36, and Tract. [ ) . 3. Vacation of SW 76th Avenue between SW Bonita Road and SW Durham Road . Senior Planner Liden reviewed the requests and made staff' s recommendation for approval . o Discussion followed regading the way Falcon Rise Drive dead ends . * Commissioner Peterson moved and Commissioner Vanderwood secondod to forward the three request to City Council with a recommendation for approval, requesting that a condition be added to the Morning hill No. t Subdivision that a temporary turnaround be installed at. the and of I ,ilcon Rise Drive . Motion carried unanimously by Commissioners present . 5. ADJOURNMENT 9:50 PM 3385Pdmj CITY COUNCIL/PLANNING COMMISSION WORKSHOP MINUTES JULY 7, 1987 Page 2 CITY OF TIGARD, OREGON ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 35, 36 AND TRACT I, MORNING HILL NO. 1, A RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to eliminate certain public utility easements for development purposes; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with ORS 271 . 100, the TMC Section 15.08. 110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271 .080; and WHEREAS, the Council, having held a hearing on July 27, 1987, finds the public interest will not be prejudiced by the vacation as provided by ORS 271. 120 and TMC Section 15.08 . 130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate public utility easement within lots 35, 36 and Tract I of Morning Hill No. 1 subdivision because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1 . The applicant of the vacation shall. provide the Engineering Section with written notice and/or assurances from both the Tigard Water District and PGE that all of their affected services will be relocated as required. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. 'THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of public utility easement within lots 35, 36 and Tract I of Morning Hill No. 1 subdivision as described and shown on the attached Exhibit "A", and by this reference made part hereof. ORDINANCE: NO. 87— Page 1 �_— Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1 . The applicant of the vacation shall provide the Engineering Section with written notice and/or assurances from both the Tigard Water District and PGE that all of their affected services will be relocated as required. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. Section 3: In no situation shall this Ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By vote of all Council members present after being read by number and title only, this day of 1987. Catherine Wheatley, Deputy Recorder APPROVED: This day of 1-987• Thomas M. Brian, Mayor RSC:cn/0092D ORDINANCE NO. 87— _ Page 2 EXHIBIT "A" Those tracts of land located in the southeeast 1/4 of Section 33, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Parcel I Beginning at a point which bears South 880 30' 11" East, 12.50 feet from the southeast corner of Lot 34, Morning Hill No. 1, a recorded plat, Washington County Plat Records; 'thence North 10 29' 49" East, 76.26 feet to the south right—of—way line of S.W. Falcon Rise Drive; thence northeasterly on said south right—of—way line on an 875 foot- radius curve concave to the north (the chord of which bears North 800 04' 51" East, 15.30 feet), 15.30 feet; thence South 10 29' 49" West, 79.29 feet to the south line of Tract "I", said Morning Hill No. 1; thence, North 880 30' il" West, 15 feet to the point of beginning, containing approximately 1167 square feet. Parcel II A ten foot wide strip of land located in Lots 36 and 35, Morning Hill No. 1, a recorded plat, Washington County Plat Records, the centerline of which is the east line of said Lot 36. The side lines of said strip of land, being 5 feet from said centerline when measured at right angles, lengthen or shorten to terminate on the north and south lines of said Lots 35 and 36, containing approximately 1,152 square feet. Parcel III Beginning at the northeast corner of Lot 35, Morning Hill No. 1, a recorded plat, Washington County Plan Records; thence South 10 19' 05" West 94.38 feet to the southeast corner of said Lot 35; thence southwesterly on the north right—of-way line of S.W. Falcon Rise Drive, on a 275 foot radius curve concave to the north (the chord bears South 690 43' 42" West, 5.38 feet), 5.38 feet; thence North 010 19' 05" East, 96.36 feet to the north line of said Lot 35; thence South 880 40' 55" East 5 feet to the point of beginning, containing approximately 477 square feet. sb/3206P MO IV I AI G HILL IVO. 1 /LIE 1ITs 70 66 V,4 c TE 5119167 `PA RCE L ETTr z 7 36 35 Pur-,LIc UTILITY E ASEtAF NT TO SE. VACATED S ,Uj F LCOI`1 t<-,t s >= 34 I FPA E L. I 7-1,7 CIW TIGA RD OREGON 25 Years of Service July 29, 1987 1961-1986 Willamette Cable Attn: Frank Stone 14200 S.W. Brigadoon Court Beaverton, OR 97005 Dear Mr. Stone: The City of Tigard is considering vacation of the areas shown on the attached naps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Chelsea Hills No. 1 (Easements) o Morning Hill No. 1 (Easements) Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy D City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Catherine Wheatley Deputy City Recorder cw Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 MORIVIIV6 0I- -- IvT f5//916 i -PA PCE L Rf��Q 2cF c -R s t 36 35 MOM PUC�LIC UTILITY` E ASEMENT T (D BE VAColTEC) FARte, eL I CITY OF TIGA RD OREGON 25 Years of Service 1961-1986 June 29, 1987 P.G.E. Company Attn: Jim Ryan 14655 S.W. Old Scholls Ferry Rd. Beaverton, OR 97005 Dear Mr. Ryan: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite arty conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Chelsea Hills No. 1 leo P2c6Gfr' (Easements) ERSE-MCr4r Fol Mou�trE,D TKR.LSFo2.ME2 1�@SiGn�EA '� �� bi.1 3a�Tb "T- l�nif�. USC tRRnlS�o R � o Morning Hill No. 1 ro 6E cwt of (Easements) tb gE ME,-,-oru To TAE Ept.F MEAV At, 2.� P-Z s P9A Ac_go1� Ta.r.--r z FEEtboaL 6 o Portion SW 76th Avenue 4"'*R0AT,�E Qs.,rq C.,�T M.✓sr PP'Y 1Rioocia".4 cMTY Zllo P2o$L,E'd\ Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Catherine Wheatley v Deputy City Recorder cw Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 go General Telephone Company of the Northwest, Inc. 12460 S.W. Main. P_ O. Box 23416 Tigard, Oregon 97223 July 2, 1987 City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Attn: Catherine Wheatley General Telephone has no conflicts with the proposed vacation areas listed below: 1.) Chelsea Hills #1 2.) Morning Hill #1 3. ) Portion S.W. 76th Ave. Robert Olsen Service Supervisor-Engineering an f qual Opportunity Employ';! A part of GTF Corporation MEMORANDUM CITY OF TIGARD, OREGON TO: Cathy Wheatley n July 6, 1987 FROM: Chief Lehr � SUBJECT: Public Hearings for Street and Easement Vacations The Police Department has reviewed the material relating to the Chelsea Hills and Morning Hill easement vacations and the 76th Avenue Street vacation, and have no objections to the vacations and have no conditions of approval to cite. Dt_: sb/1971W NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209 (503)226-4211 July 1, 1987 City of Tigard Attn: Catherine Wheatley P.O. Box 23397 Tigard, Oregon 97223 Re: Proposed Easement Vacations, Morning Hill No. 1 Dear Ms . Wheatley: Please be advised that Northwest Natural Gas Company has no facilities within the proposed vacation area. We would, therefore, have no objection to the City vacating the area. Please notify us when the vacation is complete so that we can update our records accordingly. Since/rely, q 4 .4/- Diantha G. Beal Engineering Department CC: R. Polvi Vacation File Plat: 42-16 CITY OFTIFARD OREGON June 29, 1987 25 Years of Service 1961-1986 Tigard Water District Attn: Bob Santee 8841 S.W. Commercial Street Tigard, OR 97223 Dear Mr. Santee: The City of Tigard is considering vacation of the areas shown on the attached maps. Please respond, in writing, with regard to any concerns you foresee should these proposed vacations be approved. Also, cite any conditions of approval you would recommend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Chelsea Hills No. 1 No problems (Easements) o Morning Hill No. 1 Parcel I: Existing 6" D.I. water (Easements) main 6" from proposed vacation. TWD needs 10 ' on each side of pipeline for maintenance. (See map) . o Portion SW 76th Avenue Parcels II & III : No problems. -*- No problems, except assume Gentle Woods Lane will substitute therefor. Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171. Sincerely, Catherine Wheatley Deputy City Recorder ow Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 MORAIIAIG HILL. IVO, 1 lt7,E/1/Ts TO V,4 C,4 TE L- _ _ 5119167 `PA RCE L 1`/= F'o PUC--,LIC UTILIT• E ASHIE NT TO BE VACaTeC5 l � r I .P:A RC E L I CITY OF TIIFARD June 29, 1987 OREGON 25 Years of Service 1961-1986 Washington County Fire District No. 1 20665 S.W. Blanton Street Aloha, OR 97007 Gentlemen: The City of Tigard is considering vacation of the area shown on the attached map. Please respond, in writing, with regard to any concerns you foresee should this proposed vacation be approved. Also, cite any conditions of approval you would recoomend to protect your interests. AREA TO BE VACATED PROBLEMS TO BE ADDRESSED o Morning Hill No. 1 �, ' (Easements) { � Due to time constraints, please return this letter and any questions you have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171 . Since�e33ry Catherine Wheatley Deputy City Recorder cw Enclosure 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 MEMORANDUM CITY OF TIGARD, OREGON i TO: Keith Liden & Randy Clarno June 26, 1987 FROM: Cathy Wheatley SUBJECT: Vacations Scheduled for Council Public Hearing — July 27, 1987 Attached is a copy of each letter which will be sent to surrounding property owners notifying them of the July 27, 1987 Council hearing for the following vacation requests : Chelsea Hills No. 1 Subdivision (Lots 13 and 14) - Vacation of Public Utility Easements Morning Hill No. 1 Subdivision (Lots 35, 36 & Tract I) — Vacation of Public Utility Easements Notice of S.W. 76th Avenue Street Vacation - (Between S.W. Bonita Road and S.W. Durham Road) Please refer to TMC 15.08 if you wish to recheck vacation ordinance requirements which outline the information needed from your offices tp be presented at the Council' s Public Hearing. Please note this is due July +O- for the packet of the 27th. cw/4720A June 30, 1987 Re: Notice of 76th Avenue Street Vacation (Between S.W. Bonita Road and S.W. Durham Road); Vacation of Public Street Right-of-Way Dear Property Owner: The Tigard City Council will hold a public hearing on Monday, July 27, 1987 at 7:00 P.M. at the Tigard Civic Center Town Hall Room, 1312.5 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of the above mentioned utility easements . (See enclosed location map. ) Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objection or remonstrance shall be filed with the City Recorder by July 2.7, 1987 by 7:00 P.M. at Tigard City Hall at the address listed below. The vacation requested was initiated on June 15, 1987 by the Tigard City Council at the request of OR-AK Corporation of Lake Oswego. to return the land to private ownership. 'The legal description of the parcel to be vacated is also attached for your information. If you need further information, please contact my office. Sincerely, I._oreen R. Wilson City Recorder, lw/4487A CC: Planning Department City Engineer 1S1 33DC TL 500- Russell Krueger TL 4100- Gary Raymond 1335 S.W. 66th Avenue #402 13050 S.W. Falcon Rise Dr. Portland, OR 97225 Tigard, OR 97223 TL 600- Wedgewood Homes of Portland TL 10900- Wedgwood Homes 13250 S.W. Falcon Rise Dr. 13250 S.W. Falcon Rise Dr. Tigard, OR 97223 Tigard, OR 97223 TL 700- H & K Investors 1S1 33DD 13250 S.W. Falcon Rise Dr. Tigard, OR 97223 TL 100- Thomas & Jill Kucera Clyde C. III & R.J. Saylor TL 800- H & K Investors R.L. Jr. & C. ET. AL Welch 13250 S.W. Falcon Rise Dr. 711 S.W. Alder Tigard, OR 97223 Portland, OR 97205 TL 801- Dennis & Janet Hasty 2S1 4 AA 13065 S.W. Falcon Rise Dr. Tigard, OR 97223 9600- Mark S. Zimel Terrie L. Cates TL 900- Dennis & Janet Hasty 6960 S.W. Clinton 13065 S.W. Falcon Rise Dr. Tigard, OR 97223 Tigard, OR 97223 9700- Ronald E. Browning TL 1000- Wedgewood Homes, Inc. Lynda K Browning 13250 S.W. Falcon Rise Dr. 12955 S.W. Katherine Tigard, OR 97223 Tigard, OR 97223 TL 1100- Dale & Bridget Miller 9800- Thomas J & Vicki L Crampton 13150 S.W. Falcon Rise Dr. 12995 S.W. Katherine Tigard, OR 97223 Tigard, OR 97223 TL 1200- H & K Investors 9900- Chris J & Jerilynn Haag 13250 S.W. Falcon Rise Dr. 13010 S.W. Katherine Tigard, OR 97223 Tigard, OR 97223 TL 3800- Mark Warren Ohlson 10000- William Charles Salin Nancy Alexander Ohlson Lori Ann Sahlin 13130 S.W. Falcon Rise Dr. 12980 S.W. Katherine Tigard, OR 97223 Tigard, OR 97223 TL 3900- Gregg & Carol Nelson 10100- Samuel Phillips 13110 S.W. Falcon Rise Dr. Mary Phillips Tigard, OR 97223 10906 S.W. 65th Portland, OR 97219 TL 102- The Oregon Bank TL 4000 Jerry & Arleen Barnett P.O. Box 2808Portland, OR 97208 13090 S.W. Falcon Rise Dr. Tigard, OR 97223 Westlake Consultants Inc. 7145 S.W. Varns Rd. Tigard, Oregon 97223 • 503-684-0652 UgAC March 25, 1987 Mr . Randy Clarno City of Tigard P.0 Box 23397 Tigard, OR 97223 RE: Lots 35, 36, and Tract I, Morning Hill #1 Vacation of Public Utility Easements Dear Randy: Our client, Wedgwood Homes, Inc. , received an approval for a minor partition and lot line adjustment for a parcel at Morning Hill No. 1. An item listed under condition of approval is a requirement to vacate the public utility easements along the side lot lines. I have enclosed an application form that I received from the City along with some additional exhibits. I would appreciate it if you could initiate a vacation procedure for these easements. Wedgwood Homes is the current owner of the lots involved and is the applicant. Also, let me know the fee amount and I will have Wedgwood submit a check. Thanks for your assistance in this matter . If you have any questions, please call . Sincerely, 4 ZJ4 Len Schelsky Enclosure LS:llr LL--- ENGINEERING / SURVEYING / PLANNING APPLICATION FOR PREPETITION CONFERENCE FOR VACATION OF public Utility easement PETITIONER OR Wedgwood Homes, Inc . REPRESENTATIVE ADDRESS: 13250 S .W. Falcon Rise Drive Tigard, OR 97223 PHONE: 292-3563 (W) (h) DESCRIPTION OF AREA TO BE VACATED public utility easement 1) side lot line of line common to lots- 35 and 36 2) the east line of lot 35 and 3) the easterly 3G feet of Tract Tr, Morning Hill No. 1 MAP ATTACHED: jXX]Yes DATE OF CONFERENCE: BACKGROUND INFORMATION STAFF SHOULD KNOW TO PREPARE FOR CONFERENCE A lot line adjustment and minor partition was aiproved fnr t�P subject area. MLP 4,,86 , -M7,86 , V18-86. The vacation of the PUE along the side lot lines is a condition of approval, - 4 - 14200 S.W. Brigadoon Court kE -E Beaverton, Oregon 97005 COMMUN ICAT ION S (503) 644-3188 October 8, 1986 William Baker ?Westlake Consultants Inc. 7145 S.W. Varns Rd. Tigard, OR 97223 RE: Wedgewood Ponies Project Yo. 213-04-86 Dear Mr. Baker: Enclosed are two copies of your map showning the requested redivision of the property in question. As you can see Willamette Cable T.V. has underground conduit and cable placed within the area. It will be nec- essary for us to move our pedestal located on the north side of Falcon Rise Dr. The new location will be on the -Nest side of Parcel 1 . It will also !�e necessary for us to extend our service along Parcal 1 and 2, placing a new pedestal on the east side of Parcel 2. Therefore, a easement on both Parcels 1 and 2 will be needed along the south side of both lots . Should our proposed service raise any new concerns please feel free to call on me. Sincerely, Katharine Street Plant Operations Engineer enc. ! 9j� TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST. TIGARD.OREGON 97223-6290 PHONE (503) 639-1554 September 9 , 1986 William Baker Land Use Planner Westlake Consultants, Inc. 7145 S. W. Varns Road Re: Wedgwood Homes Tigard, Oregon 97223 Proj . #213-04-86 Dear Mr. Baker: In accordance with your request of September 4 , 1986 please be advised that Tigard Water District hereby agrees to the vacation of existing easements as described in your letter. Normally, the water district is not in favor of changing of lot lines because it requires the district, at its expense, to install new copper services and cap the old ones. However, in this case, it appears that only one or two services need be changed. Please advise if additional information is desired. Sincerely yours , TIGARD WATER DISTRICT Robert E. Santee Administrator 0198-0 t NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209 (503)2 26-4 211 September 9 , 1986 Mr. William Baker Westlake Consultants , Inc. 7145 SW Varns Road Tigard OR 97223 Re: Wedgewood Homes Project No. 213-04-86 Dear Mr. Baker: We are in agreement with the easement vacation you are requesting in "Morning Hill" subdivision. We would appreciate lot line utility easements along the new lot lines. Sincerely, ?ight L. Reece of Way Agent JLR: f � 1 01980 NOV 198-0 l eile�2` l9iei��lti't ' o�oan, November 19 , 1986 Mr. William Baker Westlake Consultants, Inc. 7145 S. W. Varns Road Tigard, Oregon 97223 RE: WEDGEWOOD HOMES - PROJECT NO. 213-04-86 Dear Mr. Baker: In regard to your letter concerning the relocate of lot lines in The Morning Hills Subdivision, we are returning to you a copy of our plant maps with the only area' s we will be concerned with at this time. However, if in the future our pedestals or cable need to be moved for any reason, your client will have to bare the expense. Very truly yours, L r S. Hols y Service Supervisor/Engineerig LSH:dej Enclosure 0,07, 2 3 ! 9 D c 7 C Portland General Electric Company - ------ _ C October 17, 1986 William Baker Westlake Consultants 7145 SW Varns Rd Tigard OR 97223 Dear Mr. Baker: Subject: Wedgewood Homes Project No. 213-04-86 Portland General Electric Company has reviewed the request for release of platted utility easements from Westlake Consultants for Parcels 1, 2, and 3 Morning Hill. We have determined that we have no current or future utility requirements for the old side lot and back lot platted easements; however, we want to retain the front lot 10-foot easement. There is an underground primary wire on Tract I, west of Parcel 3. We do not want to vacate that platted easement (see attached drawing) . Sincerely yours, John G. 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