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89-18839 ~ Tech Center Business Park° +° ��K�_ ������� -_ ����� CITY OF TICHRD' OREGON v�nm" vmmmWn��n � ^ ORDINANCE NO. ^�~ AN ORDINANCE VACATING A PORTION OF A PUBLIC UTILITY EASEMENT LOCATED IN LOT 2' TECH CENTER BUSINESS PARK' A RECORDED SUBDIVISION PLAT' IN THE CITY OF TICARD' 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 in to eliminate a certain public utility easement for development purposes; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, all affected service providers including utility companies and emergency services have reviewed the vacation proposal and have no objections or concerns; and WHEREAS, in accordance with ORS 271 . 100, the TMC 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 by ORS 271 .080; and WHEREAS, the Council having held a hearing on March 27, 1980, 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 that curtain public utility easement, within Lot 2' Tech Center Business Park, because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following condition is necessary to vacate said land: 1 . 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. No � . 80 -a ' - Iwo / *�^��~^ —^- _ � THL CITY OF TIGARD 0R' '0S AS FOLLOWS: Section The Tigard City Council hereby orders the vacation of that certain public utility easement, within Lot 2^ Tech Center Business Park' and shown on the attached Exhibit "A"' and by this reference made part hereof. Section The Tigard City Council further orders that the vacation be subject to the following conditions : 1 . 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 : In no situation shall this ordinance be effective until the 31st day after its enactment by the city Council and approval by the Mayor. Thin ordinance shall be effective 30 (lays after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By JIM111000US vote of all Council members t after, being read by number and title only, this day of ' 1989. Catherine Wheatley, Depuvy Recorder � 7�� APPROVED: This _��� day of NO, 10, Ztde-r-aldR. -Edwards, Mayor Approved as to form: City Attorney Date br/y30OD ORDINANCE NO. 89 Page 2 EXHIBIT "A" A portion of Lot 2, Tech Center Buisness Park, a recorded plat, Washington County Plat Records, located in the W. M. Graham D.L.C. No. 39, and the south half of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the northeast corner of said Lot 2 (being 30 feet westerly of the centerline of S.W. 72nd Avenue); thence North 880 30,24" West, on the north line of said Lot 2, 319.88 feet; thence South 01 O 29.36" West, 10.0 feet; thence South 88a 30.24" East. 319.89 feet to the west right-of-way line of S.W. 72nd Avenue (County Road No. 47;Z ); thence North 10 25,41" East, on said west right-of-way line, 10.0 feet to the point of beginning. /br STATE OF OREGON REGISTERED County of Washington ss PROFESSIONAL ,.AND SURVEYOR f,Donald W.Masan,Director of Assessment and Taxation and Ex-01fiCio Recorder of Con- veyances for said count dQ he by certify that the within #0Wurh6nt of Wih no was received and recorded 16 book of records of said county. OU E GARY t Donald W" MaSM, Director of JON T FOGION A&SOsinwt and:'Taxation, Ex- #2252 a�3 Gttaty'.flerk NOTICE OF TECH CENTER BUSINESS PARK SUBDIVISION (LOT 2) VACATION OF PUBLIC UTILITY EASEMENT The Tigard City Council will hold a public hearing on Monday, March 27, 1989, at 7:30 p.m. at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of a public utility easement within Lot 2, Tech Center Business Park, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on February 13, 1989 at the request of the International Land Corporation. Any interested person may appear and be heard for or against the proposed vacation of said easement. Any written objections or remonstrances shall be filed with the City Recorder by March 27, 1989, by 7:30 p.m. TT Publish February 23, March 2, 9, 16, and 23, 1989 ke/8564D (NOTE: PUBLIC HE. -'NGS TO BE SCHEDULED FOR 1st & . MEETINGS ONLY) CITY RECORDER TIMELINE - EASEMENT/STREET VACATIONS L-e>+ Date V -Z Consent Agenda - Resolution No. Memo to Engineering (Clarno) & Planning (Liden)*with a copy of letter that is going to affected property owners. *cc Diane Letters to Utility Companies with specific reply date. 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 V/Planning Commission Review lot" Responses back from utility companies have copies made and send to Engineering (Clarno) Packet ready for Ordinance for consideration Public Hearing - Ordinance Post Ordinance Send Ordinance to Washington County for recording. CITYOFTIIFARD OREGON March 6, 1989 RECEIVED MAR 8 1989 Bob Santee WON* Tigard Water District 8841 SW Commercial Street Tigard, OR 97223 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 Utility easement, Lot 2, Tech Center Business Park Utility easement, Lot 62, Swanson's Glen Due to time constraints, please return this letter and any questions you have regarding this matter by March 13, 1989 to Randy Clarno, Development Services Manager, City of Tigard, P.O. Box 23397, Tigard, OR 97223. If you are unable to respond in writing prior to the deadline, please give me a call at 639-4171. Once again, I apologize for the short notice. Sincerely, Axv��— Randy S. Clarno Development Services Manager /br Encls. 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 MEMORANDUM TO: Randy Clarno, Development Services Manager FROM: Keith Liden, Senior Planner RE: Utility Easement Vacations DATE: March 8, 1989 On March 7, 1989, the Planning Commission reviewed the proposed utility easement vacations for Tech Center Business Park and Swanson's Glen subdivisions. The Commission unanimously recommended that they be approved by City Council if it is found that the two easements are not necessary to accommodate any existing or anticipated utilities. CITY OFTIOARD OREGON March 6, 1989 Chief of Police Tigard Police Department 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 Utility easement, Lot 2, Tech Center Business Park Utility easement, Lot 62, Swanson's Glen Due to time constraints, please return this letter and any questions you have regarding this matter by March 13, 1989 to Randy Clarno, Development Services Manager, City of Tigard, P.O. Box 23397, Tigard, OR 97223. If you are unable to respond in writing prior to the deadline, please give me a call at 639-4171. Once again, I apologize for the short notice. Sincerely, Rf - RandyiClarno Development Services Manager /br Encls. 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 RECEIVED MAR 1011989 Wmwft NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209 (503)226-4211 March 9 , 1989 City of Tigard Attn: Randy S. Clarno P.O. Box 23397 Tigard, Oregon 97223 Re: Proposed Vacation of Utility Easement , Lot 2 , Tech Center Business Park Proposed Vacation of Utility Easement , Lot 62 , Swanson' s Glen Dear Mr. Clarno: Please be advised Northwest Natural Gas Company has no facilities within the areas to be vacated. Therefore , we have no objection to the vacations. Sincerely, tq&? Diantha G. Beal Engineering Dept . RE C6601 M MAR 101999 RD CITYOFTIG;A IVED C, -;C-FEE OREGON March 6, 1989 1989 TIGARD 4_6 E t R I tW4G Bob Olson General Telephone Companv P.O. Box 23416 Tigard, OR 97223 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 Utility easement, Lot 2, Tech Center Business Park 0 Utility easement, Lot 62, Swanson's Glen Due to time constraints, please return this letter and any questions you have regarding this matter by March 13, 1989 to Randy Clarno, Development Services Manager, City of Tigard, P.O. Box 23397, Tigard, OR 97223. If you are unable to respond in writing prior to the deadline, please give me a call at 639-4171. Once again, I apologize for the short notice. Sincerely, t,e Randy S. Clarno Development Services Manager /br Encls. 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY OF TIGARD, OREGON RESOLUTION NO. 89-_1- L A RESOLUTION CONCERNING THE VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT, LOCATED IN LOT 2, TECH CENTER BUSINESS PARK, A RECORDED SUBDIVISION PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of a public utility easement; and WHEREAS, this portion of easement was previously granted for public utility purposes; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said easement; 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, International Land Corporation, pay all fees and charges as set out in TMC 15.08. (2) That a public hearing is hereby called to be held by the City council on Monday, March 27, 1989, at 7:30 PM 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 easement. (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 February 23, 1989 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. 89- Page 1 (4) That the particular portion of granted public easement proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part thereof. PASSED: This �34h day of Vzo Lu lq�. S y of Tigard ATTEST: Mayor - City of Tigard Deputy Recorder - City of Tigan APPROVED AS TO FORM: City Recorder) dcp-Lb-� Q_1/ 3 110 Date ' ke/8564D RESOLUTION NO. 89- Page 2 EXHIBIT "A" A portion of Lot 2, Tech Center Buisness Park, a recorded plat, Washington County Plat Records, located in the W. M. Graham D.L.C. No. 39, and the south half of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the northeast corner of said Lot 2 (being 30 feet westerly of the centerline of S.W. 72nd Avenue) ; thence North 88* 30,24" West, on the north line of said Lot 2, 319.88 feet; thence South 010 29,36" West, 10.0 feet; thence South 88* 30124" East. 319.89 feet to the west right-of-way line of S.W. 72nd Avenue (County Road No. 47;Z ),* thence North 10 25,41" East, on said west right-of-way line, 10.0 feet to the point of beginning. /br REGISTERED PROFESSIONAL L LAND SURVEYOR I I 0--k E G 0 JANUARY 15,1987 JON T FOGION #2252 NOTICE OF TECH CENTER BUSINESS PARK SUBDIVISION (LOT 2) VACATION OF PUBLIC UTILITY EASEMENT The Tigard City Council will hold a public hearing on Monday, March 27, 1989, at 7:30 p.m. at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of a public utility easement within Lot 2, Tech Center Business Park, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on February 13, 1989 at the request of the International Land Corporation. Any interested person may appear and be heard for or against the proposed vacation of said easement. Any written objections or remonstrances shall be filed with the City Recorder by March 27, 1989, by 7:30 p.m. TT Publish February 23, March 2, 9, 16, and 23, 1989 ke/8564D o m Z N ♦ W •-t f,^ v/ V�y ` Ir - 73 --_--- -- -- -- CD O _ lL O ,Z U:) CIS C O � a PUZZhrl S Ec- U � u3 1- w 04 z - lu w til y" a Z o w � ' Q a � J ' O N Q w N E- �— T _ a 3 >+ o Q g 'Cf > ts1 N !r N = Z � O � - W til E-- 0 a +f ( o g U? CITY OFTIGAW OREGON March 6, 1989 Re: Vacation of a Public Utility Easement Lot 2, Tech Center Business Park Dear Property Owner: The Tigard City Council, will hold a public hearing on Monday, March 27, 1989 at 7:30 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 easement. (See enclosed location map.) Any interested person may appear and be heard for or against the proposed vacation of said easement. Any written objection or remonstrance shall be filed with the City Recorder by March 27, 1989 by 7:30 P.M. at Tigard City Hall at the address listed below. The vacation requested was initiated on February 13, 1989 by the Tigard City Council at the request of the International Land Co. 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, Randy S. Clarno Development Services Manager Encl. br/9244D 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 EXHIBIT "A" A portion of Lot 2, Tech Center Buisness Park, a recorded plat, Washington County Plat Records, located in the W. M. Graham D.L.C. No. 39, and the south half of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the northeast corner of said Lot 2 (being 30 feet westerly of the centerline of S.W. 72nd Avenue); thence North 880 30.24" West, on the north line of said Lot 2, 319.88 feet; thence South 01 0 29136" West, 10.0 feet; thence South 88* 30,24" East. 319.89 feet to the west right-of-way line of S.W. 72nd Avenue (County Road No. 472 ); thence North 10 25,41" East, on said west right-of-way line, 10.0 feet to the point of beginning. Jbr REGISTERED PROFESSIONAL. LAND SURVEYOR OREGO JANUARY I5,t"7 JON T FEIGiON #2252 8 t a m O — w rn m - . :— _ - -- - -� ITS O O ;lu CL � C - � C m D Q o 74th A � � ri D0 -� Dm o a z z m u, S W_ 72nd w 3 cr O Z N � A Z- C - rn - = m 0 a — 0 ROBERT R. GAGE 13615 SW 72ND TIGARD, OR 97223 600 ANDREE SUPRINE 4601 C/o WESTERN INTL. PROPERTIES 618 NW GLISAN ST STE 300 PORTLAND, OR 97209 1300 WAYNE R. & JOYCE Y. JOLLY 7410 SW CHERRY ST TIGARD, OR 97223 1400 ROBYN & BRUCE MCKAY 7430 SW CHERRY ST TIGARD, OR 97223 1500 CAROLE J. STEWART 7450 SW CHERRY ST TIGARD, OR 97223 1600 DONALD & FRANCES TRUMBULL 7470 SW CHERRY ST TIGARD, OR 97223 1700 RICHARD& HELEN ALBERTS 7490 SW CHERRY ST TIGARD, OR 97223 3700 A.A. POMPEL, JR. JANUARY LEASING COMPANY 6645 N ENSIGN PORTLAND, OR 97217 3702 CAPITAL CONSULTANTS, INC. 2300 SW FIRST AVE PORTLAND, OR 97201 3800 ASSOCIATED COMPUTER SERVICE PO BOX 23097 PORTLAND, OR 97223 3801 PACIFIC WESTERN BANK 3900 1211 SW 5TH AVE #400 PORTLAND, OR 97204 r& �� ►ks Ot E t" f , TG 19/00 � � rt 040.4-) , Cc Li t 1p c.r��C¢ aeea4�. 'c✓z j ��� ,P 4.� elo(,e �` � .Q�� RECEIRu OA CITY OF TIRD MQ 15 1989 OREGON March 6, 1989 to PGE Company 14655 SW Old Scholls Ferry Road Beaverton, OR 97005 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 ° Utility easement, Lot 2, Tech Center Business Park Utility easement, Lot 62, Swanson's Glen Due to time constraints, please return this letter and any questions you have regarding this matter by March 13, 1989 to Randy Clarno, Development Services Manager, City of Tigard, P.O. Box 23397, Tigard, OR 97223. If you are unable to respond in writing prior to the deadline, please give me a call at 639-4171. Once again, I apologize for the short notice. Sincerely, 1444v-- Randy S. Clarno Development Services Manager /br Encls. 13125 SW Hall Blvd„P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 New,-- VKIAJ N/V4 '74- AFFIDAVIT 0V 110�TIN(; In the Matter of the Proposed -7if-6/7 � ��z�. tai xz1/_� SGtr S 1 rii 1iS/CYC STATE OF OREGON } County of Washington) ss. City of Tigard ) I, AJCL. n ,1`�-elrt� 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 rev/rr,/js�ta.? drx'J r�� !r'Cc;�J�?� a copy of said notice being hereto attached and be reference made a part hereof, on the day of r 'C� rOO�cO/e 74-94 t ii �Doc�xi- po%. ,%'� O• , lC� t :cele <n7l- 701--)& leA,,e- GZindt a J 5. iaZe ire fie✓ co, ,�e,- ojC Z�X77``1 I,DC— Z- Subscribed and sworn to before me this _&__- day of .4�A�z n Notary Public for Oregon/ /��--- Affidavit of Posting My Commission Expires.SJl�(It CITY OF TIGARD NOTICE OF TECH CENTER BUSINESS PARK SUBDIVISION (LOT 2) VACATION OF PUBLIC UTILITY EASEMENT The Tigard City Council will hold a public hearing on Monday, March 27, 1989, at 7-30 p.m. at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of a public utility easement within Lot 2, Tech Center Business Park, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on February 13, 1989 at the request of the International Land Corporation. Any interested person may appear and be heard for or against the proposed vacation of said easement. Any written objections or remonstrances shall be filed with the City Recorder by March 27, 1989, by 7:30 p.m. TT Publish February 23, March 2, 9, 16, and 23, 1989 ke/8564D 0 it t-- . ''- 1sJ I— C!3 C7 4 � tt3 _ 03 O CO CL Pu2,L 7UlS a 3 i~ =; w y ul o F us .- w ?, o y. m CL } t— Q g -AC 8- W C? w i bL Vs - p V --^-- T- 0 G Q as O m z = Q v M as a f k o g f � � INTERNATIONAL LAND 4080 CORPORATION LTD. RECEIVED FEB 9 1989 February 1 , 1989 Community Development Department City of Tigard 13125 S.W. Hall Blvd. P.O. Box 23397 Tigard, OR 97223 Attention: Mr. Randy S. Clarno, Development Service Manager Dear Sirs: Re: Tech Center Business Park Enclosed is our check in the amount of $300. 00 representing a processing fee deposit required for processing the vacation of the easement at the above-referenced property. We understand that the application will go to City Council on February 13 , 1989 and then should be before the public hearing on March 27, 1989. We will make an effort to have someone from our company present at the public hearing. If everything proceeds smoothly at the public hearing, the recording should then take place in April. Thank you for your assistance in this matter and, should you have any questions, please do not hesitate to give us a call. Yours very truly, WESTERN INTERNATIONAL PROPERTIES (Managed by INTERNATIONAL LAND CORPORATION LTD. ) Ian T. Gregory, Vice-President, Finance and Administration ITG/ds Enc 1. 2225 FOLKESTONE WAY,WEST VANCOUVER,B.C.WS 2Y6 TEL• (604)926-8531 FAX:(604)922-8477 CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 27, 1989 DATE SUBMITTED: March 17, 1989 ISSUE/AGENDA TITLE: Public ,, PREVIOUS ACTION: Council Initiated Hearing: Vacation of a Public Vac tion on 2/13/89; Res. 89-10 Utility Easement - Tech CenterP PARED BY: Development Services Mqr. Business Park E7- DEPT. HEAD OK CITY ADMIN OTC .///REQUESTED BY; Internat'1 Land Co. PiJLfCY ISSUE Should the City vacate an unimproved public utility easement if said vacation enhances a property's development potential, and the easement is not needed now or in the future for public utilities? ' INFORMATION SUMMARY The International Land Co. is requesting to have a public utility easement within Lot 2, Tech Center Business Park, vacated. The purpose of the vacation is to allow the property owner of Lot 2 and an adjacent lot to develop the whole site into a major commercial development (see attached memo) . At this point, no development proposals have been submitted; however, one is expected to be submitted later this year. ALTERNATIVES CONSIDERED The new owner has looked at site development alternatives (mainly building locations) and feels the easement must be eliminated to provide for the proper plan. ------------------------------------------------------------------------------ FISCAL IMPACT There are no direct financial impacts, however, vacating the easement would allow the property to develop which in turn would add significantly to the City's assessed value. ------------------------------------------------------------------------------ SUGGESTED ACTION Staff recommends that Council approve the vacation by passing the attached ordinance as presented. - u I � 4 '+te ELEMENTARY ar. t SCHOOL 1r'=800. 1A f SK ST. LAK 0SE, Proposed Utility ' ( r 1. —'Aw -T Easement Vacation '1 s . i r w- i£CN C£NT MvE r4 � -✓" SR llwi'M�IfY iJl. � t S.wtNz f M Sw WC—ER WAV I ' 1 tWP .[ K \FI LI - T11 aw-/ O / ai 1 t .r a.«. Rozs zrRE t - z.r. MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Ed Murphy, Community Development Director DATE: March 17, 1989 SUBJECT: Staff Report for Proposed Vacation of a Public Utility Easement Within Lot 2, Tech Center Business Park I. OVERVIEW A. Summary. On February 13, 1989, the City Council initiated vacation proceedings for the above stated public utility easement at the request of the International Land Company. The purpose of the vacation is to provide for the development of Lot 2 and an adjacent lot. (Tax Lots 600 and 4601) . B. Policy Implications. Should the City vacate easements to provide for development if the public's interest is not prejudiced? Traditionally, Council has supported vacations which provide for development if the public's interest is adequately addressed in terms of compliance with land use requirements and access to public facilities. Both the Tigard Municipal Code (TMC) and Oregon Revised Statutes (ORS) lay out the procedure and criteria by which vacations can be accomplished. C. Financial Implications. There are no direct financial impacts; however, vacating the easement would allow the properties to be developed which in turn would add significantly to the City's assessed value. D. Recommendation. Staff recommends that council approve the proposed vacation by passing the attached ordinance. Approval of the vacation would not prejudice the public's interest and would provide for development to occur in a manner that would benefit the area. II. ANALYSIS A. Background. A major printing company has recently acquired Lot 2 of the Tech Center Business Park Subdivision, and an adjoining parcel not within the subdivision. They are anticipating site development within a year. Prior to preparing development plans, they are requesting to have this utility easement vacated as it restricts site development. Memo to Pat Reilly Tech Center Drive March 17, 1989 Page 2 Normally, these types of easements do not restrict development. However, the addition of the adjoining parcel has in effect placed the easement through the middle of the two properties. The owner has mentioned that he will likely combine the two lots. (Tax Lots 600 and 4601) . As required by the TMC, staff has solicited input from all affected service agencies, obtained a recommendation from the Planning Commission, and evaluated the impact on the City's Capital Improvement, Transportation, and Comprehensive Plans. Responses from the affected service agencies were positive and none had objections to the proposals. The Planning Commission considered the proposal at their March 7, 1989 meeting and recommended approval. Also, by removing these easements, there is no negative impact to the City's comprehensive, Transportation, or Capital Improvements Programs. B. Alternatives Considered. As mentioned, the owner expects to develop both parcels as if they were one. The easement must be eliminated to provide for such development. Therefore, no alternatives exist. III. CONCLUSION Council should vacate the public utility easement. Vacating the easement would allow a significant development to go ahead which would add to the City's assessed value. In addition, the public's interest is not prejudiced and access to public utilities is not diminished. br/tech.rsc CITY OF TIGHRD' OREGON ORDINANCE NO. 89- AN ORDINANCE VACATING H PORTION OF H PUBLIC UTILITY EASEMENT LOCATED IN LOT 2' TECH CENTER BUSINESS PARK' A RECORDED SUBDIVISION PLAT, IN THE CITY OF TICARD' WASHINGTON COUNTY, OREGON. - WHEREAS' the Tigard City Council initiated this vacation request pursuant to Section 15 ,00040 of the Tigard Municipal Code; and WHEREAS' the reason and purpose for this vacation is to eliminate a certain public utility easement for development purposes; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, all affected service providers including utility companies and emergency services have reviewed the vacation proposal and have no objections or concerns; and WHEREAS' in accordance with ORS 271 . l00' the TMC 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 by ORS 271 .088; and WHEREAS, the Council having held a hearing on March 27' 1989' finds the public interest will not be prejudiced by the vacation an 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 that certain public utility easement. within Lot 2' Tech Center Business Park' because the public interest will not be prejudiced; and WHEREAS' the Council finds that the following condition is necessary to vacate said land: 1. 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. ORDINANCE NO. 89- -Page 1 THE CITY OF TICHRD OR NS AS FOLLOWS: Section 1 : The Tigard City Council hereby orders the vacation of that certain public utility easement' within Lot 2' Tech Center Business Park, and shown on the attached Exhibit "H"' and by this refRrence made part hereof. Section : The Tigard City Council further orders that the vacation be subject to the following conditions: lThe 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 : In no situation shall this ordinance be effective until the 31st day after its enactment by the city Council and approval by the Mayor. This ordinance ohall be effective 30 dayy after its passage by the Council' approval by the Mayor, and pouting by the City Recorder. PASSED: By vote of all Council members present after bei.rig read by number and title only, this day of ' 1y8y. Catherine Wheatley, Deputy Recorder APPROVED: This day of , 1088. Cerald R. Edwards, Mayor Approved an to form: City Attorney Date br/9309D ORDINANCE NO. 0g Page 2 EXHIBIT "A" A portion of Lot 2, Tech Center Buisness Park, a recorded plat, Washington County Plat Records, located in the W. M. Graham D.L.C. No. 39, and the south half of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the northeast corner of said Lot 2 (being 30 feet westerly of the centerline of S.W. 72nd Avenue) ; thence North 880 30,24" West, on the north line of said Lot 2, 319.88 feet; thence South 01 0 29,36" West, 10.0 feet; thence South 88* 30124" East. 319.89 feet to the west right-of-way line of S.W. 72nd Avenue (County Road No. 47;Z ),- thence North 10 25,41" East, on said west right-of-way line, 10.0 feet to the point of beginning- /br REGISTERED PROFESSIONAL LAND SURVEYOR] ORUGWY JANUARY t5.1987 JON T FEIGION #2252 <' c ,,, _„=r,+�•- z--rte c Y W T -Y�•y s vI + © Q a o cli Q r CA � z p U � -� W Cld L � yam- r Z ca CL a W `•�" z h p ct3 O Q tit bL M S co O �, o �+ O �. 3 CC >— y O _ cL U v 0. U _ W 0 en N p p v O O O t-