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94-096591 ~ 79th Avenue ~ Pacific Highway STATE OF OREGON County of Washington SS I, Jerry R H4nsopi QV6bWir,of Assess- ment and motion aitch "(,"0 *0 County Clerk fora�ct" qurtty_do r +certify that the within instruertf � a received and re®orded_atets;;of said county.. Han�on ,pirector of �sses >< Taxation,Ex- G �lerk Doc 94096591 Rect; 132249 113, 00 10/24/1994 08: 38: 54AM l -� 0 CITY OF TIGARD, OREGON - ��GG P%ge 2- . . (D7 ORDINANCE NO. 94- 0 ? AN ORDINANCE CONCERNING THE VACATION OF: 1) A PORTION OF SW 79TH AVENUE, BEGINNING WITH THE INTERSECTION OF SW 79TH AVENUE AND SW PACIFIC HIGHWAY AND CONTINUING TO THE SOUTHEAST TERMINUS OF SW 79TH AVENUE, 2 ) THE SUBDIVISION PLAT TWIN OAKS LANE RECORDED IN PLAT BOOK 12 PAGE 18 WASHINGTON COUNTY RECORDS, AND 3) AN UNNAMED 20 FOOT WIDE RIGHT-OF-WAY LOCATED IMMEDIATELY TO THE EAST OF SW 79TH AVENUE, 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 on November 23 , 1993 ; and WHEREAS, this portion of SW 79th Avenue is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, the purpose for this vacation is to vacate a portion of SW 79th Avenue that is no longer needed for public use and because all 0 0 abutting tax lots have been consolidated; and Q WHEREAS, this 20 foot wide roadway is a dedicated public right-of- way for the subdivision plat Palmer Acres; and WHEREAS, the purpose of this vacation is to vacate the 20 foot V right-of-way for the sdbdivision plat Palmer Acres that is no longer needed because all abutting tax lots have been consolidated; and WHEREAS, this subdivision plat Twin Oaks Lane is a legally recorded subdivision plat, Book 12 Page 18 Washington County Records; and WHEREAS, the purpose of this vacation is to vacate the subdivision plat Twin Oaks Lane that is no longer needed because of a lot consolidation in conjunction with the development of a Costco Wholesale store; and WHEREAS, the adjacent properties support this vacation; and WHEREAS, .the . vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have no objections; and ' WHEREAS, notice has been mailed to all property owners abutting said vacation area and all property owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15 .08.040, the Recorder posted notice in the area to be vasa')s:ed'land',NPN%34V3be PANY Of ,'DED THIS 11STRUMENTAS ONLY AND ASSUMES NO ORDINANCE No. 94- O-�)_-- . ,?;,'_.ii', FOR ERROnS OR 01M,53I0,NS HEREIN. Page 1 UOC-S G-ih^!v0 TITLE REPRESENT THAT IT rEnIgIV TO.' P-try eLuZk- -L',ry airily.,nzc� 40:1 G FATE THE ESTATE OR INTEREST IN 13izs s.v-rJ4c, 't/r'd r;Eid- PROPERTY WHICH IT PURPORTS TO 716�.t,e,J , dig-61t)N �7ZZ3 '':'NEATE. notice of the pu c hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on November 23, 1993, finds that it is in the public interest to approve the request to vacate that certain portion of SW 79th Avenue, an unnamed 20 foot wide right-of-way, and subdivision plat Twin Oaks Lane because the public interest will not be prejudiced by this vacation as provided by ORS 271 . 120 and TMC section 15 . 08 . 130 . THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1 : The Tigard City Council hereby orders the vacation of that certain portion of SW 79th Avenue, an unnamed 20 foot wide right-of-way, and subdivision plat Twin Oaks Lane as shown and described on the attached exhibit A (map and legal description of area to be vacated) and by this reference made part there of . SECTION 2 : The City Council further orders that the vacation be subject to the following conditions : 1. This vacation shall take effect upon evidence, in the form of title transfer instruments or warranty deeds, that Costco Wholesale is the legal owner of all the affected tax lots (lots 2300 - 4100) within Twin Oaks Lane Subdivision Plat . SECTION 3 : This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By rnO-iQri�U vote of all Council members present after—being read by number and title only, this �`'�' day of 1994 . tafAerin Wheatley, City corder O a APPROVED: This day o 1994 . 1 Edwards, Mayor rAprdVed_ as to form: Cit -' -torney � Certified to be a True Copy of Original on file Or&nane q4-C), Z —B -?y Date ORDINANCE No. 94-�_ City Recorder- City of Tigard Page 2 r .,. u 04 F v © ob �G A I PFAFFLf ani ST_ Q 1 i ql, f3" ROAowAY t i a 10 t �� S UUVALL a-TREET " � I — 2 c PARK /1- BaRo� p� 217 1 � WAY 1J 1F (� f HiL LEWIS EXHIBIT A OESCR`_?TION FOR VACATION OF 79TH AVENUE (TWIN OAKS ANE) A tract of land situated in the Southeast one-quarter of the Southwest one-quarter of Section 36 Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follow: Commencing at the 2 inch iron pipe set at the initial point of the Plat ofd Twin Oaks Lane, Recorded in Book 12 Page 18 of the Washington County Plat Records; thence N 901 00' 00" E a distance of 321. 86 feet to the southeast corner of said plat; thence N 010 44' 40" W along the east line of said plat a distance of 142 . 19 feet to the True Point of Beginning; thence S 74° 00' 30" W a distance of 133.51 feet to the point of curve; thence along said curve to the right with a radius of 72 .00 feet and a delta of 1130 23' 30" (chord which bears N 490 17' 45" W, 120.45 feet) a distance of 142.49 feet to a point of tangency; thence N 071 24' 00" E a distance of 71 . 68 feet; thence N 161 04' 20" E a distance of 94 . 00 feet, to the point of curve; thence along said curve to the left with a radius of 250 .00 feet a delta of 360 37' 00" (a chord which bears N 020 . 14' 10" W, 157 .06 feet) a distance of 159 .77 =eet, to the point of tangency; thence N 201 32' 40" W a distance of 57 .00 feet, to a. point of curve; thence along said curve to the right with a radius of 169.00 feet and a delta of 36° 52' 00" (a chord which bears N 02° 06140" W, 10.6.88 feet) a distance of 108.76 feet, to a point of tangency; thence N 16° 19' 20" E a distance of 88.00 feet to a point of curve; thence along said curve to the left with a radius of 70.00 feet and a delta of 13° 06' 45" (a chord which bears N 090 45' 57" E, 15. 98 feet) to a point of compound curve; thence along said curve to the left with a radius of 15.00 feet and a delta of 1320 46' 24" ( a chord which bears N 610 17' 28" W, 27.49 feet) -a distance of 34.76 feet to the southerly right of way of Pacific Highway 99W; thence N 520 19' 20" E, along said right of way a distance of 84.47 feet to -a point of curve; thence along said curve to the left with a radius of 15.00 feet and a delta of 74' 31' 22" ( a chord which bears S 15' 03' 39" W, 18.16 feet) a distance of 19.51 feet, to a point of reverse curve; thence along said curve to the right with a radius of 120.00 feet and a delta of 380 31' 53" (with a chord which bears S 020 56' 36" E, 79.19 feet) a distance of 80.70 feet, to a point of tangency; thence S 160 19' 20" W a distance of 88.00 feet to the point of curve; thence along said curve to the left with a radius of 119.00 feet and a delta of 360 52' 00" (a chord which bears S 020 06' 40" E, 75.26 feet) a distance of 76.56 feet to a point of tangency; thence S 200 32' 40" E a distance of 57.00 feet to a point of curve; thence along said curve to the right with a radius of 300.00 feet and a delta of 360 37' 00" (a chord which bears S 020 14' 10" E, 188.48 feet) a distance of 191.72 feet to a point of tangency; thence S 160 04' 20" W a distance of 94.00 feet to a point of curve: thence along said curve to the left with a radius of 32.00 feet and a delta of 880 21' 50" (a chord which bears S 28° 06' 35" E, 44 . 60 feet) a distance of 49 . 35 feet to a point of reversing curve; thence along said curve to the right with a radius of 212 . 64 feet and a delta of 130 36' 00" (a chord which bears S 65° 29' 30" E, 50 . 35 feet) a distance of 50 . 47 feet to a point of reversing curve; thence along said curve to the left with a radius of 42 . 00 feet a delta of 470 18' 00" (a chord which bears S 820 20' 30" E, 33 .70 feet) a distance of 38 .70 feet to a point of tangency; thence N 740 00' 30" E a distance of 62. 90 feet to the easterly line of the plat of Twin Oaks Lane; thence S O10 44' 40" E a distance of 51 .59 feet to the true point of beginning. johnrh\twinoak.ces `l-� EXHIBIT A DESCRIPTION OF ROAD WAY TO BE VACATED A tract of land situated in southeast one-quarter of the southwest one-quarter of Section 36, Township 1 South, Range 1 West, willamette Meridian, City of Tigard, Washington County, Oregon, described as follows : Beginning at the Northwest corner of lot 8 Palmer Acres Recorded in Book 3 page 26 of the Washington County Plat Records; thence N O10 12' 00" W, along the west line of Palmer Acres, a distance of 1689 . 95 feet to the southerly right-of-way of Pacific Highway 99W; thence N 540 39' 30" E, along said right-of-way, a distance of 24 . 16 feet, to the most westerly northwest corner of lot 1 Palmer Acres; thence S 010 12' 00" E along the westerly lines of lots 1, 2, 3, 4, 5, 6, and 7 Palmer Acres, a distance of 1701 .50 feet, to the southwest corner of lot 7 Palmer Acres; thence N 820 42' 00" W a distance of 20.22 feet to the point of beginning. .joFtizH\eszER.VAC CITY OF TIGARD, OREGON RESOLUTION NO. 93-Sli A RESOLUTION CONCERNING THE VACATION OF: 1) A PORTION OF SW 79TH AVENUE, BEGINNING WITH THE INTERSECTION OF SW 79TH AND SW PACIFIC HIGHWAY AND CONTINUING TO THE SOUTHEAST TERMINUS OF SW 79TH AVENUE, AND 2) THE SUBDIVISION PLAT OF TWIN OARS LANE RECORDED IN PLAT BOOK 12 PAGE 18 WASHINGTON COUNTY RECORDS, AND 3) AN UNNAMED 20` WIDE RIGHT-OF-WAY LOCATED IMMEDIATELY TO THE EAST OF SW 79TH AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, this portion of SW 79th Avenue is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, SW 79th Avenue, in the vicinity of the area proposed for vacation is no longer needed; and WHEREAS, the property owner(s) will be required to provide easement(s) for access and any utilities located within the area proposed for vacation; and WHEREAS, the recorded plat of Twin Oaks Lane is no longer needed; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) -The Tigard City Council initiates a vacation request of a public right-of-way and subdivision plat, and with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings; and (2) A public hearing is hereby called to be held by the City Council on Tuesday, January 25, 1993, 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 right-of-way; -and RESOLUTION NO. 93- Paged (3) 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 'January 13, 1993 and the final publication to be on January 20, 1993. 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 at or near each end of the area proposed to be vacated; and (4) That the particular portion of granted public right-of-way to be vacated is shown on the attached sheet labeled-Exhibit ~A" and by reference made a part thereof. PASSED: This day of NO V 1993. ATTEST: City of Tfga-rff u-u.►�.e GJ/,�ct�-e,� . City Recorder - City of Ti4ard C V PACO`TITLE INSURANCE O'_WPANY OF HAS RECORDED THIS INSTRUMENT AS i�,N;-.%GO�,iODATION ONLY AND ASSUMES NO 11t,;f";LITY FOR ERRORS OR O1.,33IONS HEREIN, 1,'O i DOES CHIC CO TITLE REPRESENT THAT 1T !FILL GF?E-ATE THE ESTATE OR INTEREST IN I'dEAL PROPERTY WHICH IT PURPDNTS TO GREATE. RESOLUTION NO. 93-� Page 2 AGENDA ITEM `T For Agenda of February 8, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Vacation of a portion of SW 79th Avenue, an unnamed 20 foot wide right-of-way and the subdivision plat Twin Oaks Lane. / PREPARED BY: Will D'Andrea DEPT HEAD 0CITY ADMIN 0 1 ISSUE BEFORE THE CO Should the City Council vacate: 1) a portion of SW 79th Avenue, beginning with the intersection of SW 79th Avenue and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, and 2 ) the subdivision plat Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records, and 3) an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue. ------------------------ STAFF RECOMMENDATION it is recommended that Council approve this vacation. --------------- INFORMATION SUMMARY Council initiated this vacation (Vicinity map; Exhibit A) at a public meeting held on November 23, 1993 (Res. 93-59; Exhibit B) . This vacation was opened and continued at a public meeting held on j January 25, 1994 . i Hal Keever, the petitioner, requests City Council approval to vacate a portion of SW 79th Avenue, an-unnamed 20 foot wide right- of-way ight-of-way and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. The present owners of the parcels along SW 79th Avenue have given the petitioner permission to act as agent for them in this vacation process and the associated development of the Costco site. On December 8, 1993, the Planning Commission approved with conditions a Site Development Review/Planned Development approval (SDR 93-0018/PDR 93-0010) of a Costco Wholesale store. Condition #1 of that approval required the vacation of existing easements . OTHER ALTERNATIVES CONSIDERED 1 . Take no action at this time. FISCAL NOTES All fees have been paid by the applicant . y' CITY OF TIGARD, OREGON ORDINANCE NO. 94- AN ORDINANCE CONCERNING THE VACATION OF: 1) A PORTION OF SW 79TH AVENUE, BEGINNING WITH THE INTERSECTION OF SW 79TH AVENUE AND SW PACIFIC HIGHWAY AND CONTINUING TO THE SOUTHEAST.TERMINUS OF SW 79TH AVENUE, 2) THE SUBDIVISION PLAT TWIN OAKS LANE RECORDED IN PLAT BOOK 12 PAGE 18 WASHINGTON COUNTY RECORDS, AND 3) AN UNNAMED 20 FOOT WIDE RIGHT-OF-WAY LOCATED IMMEDIATELY TO THE EAST OF SW 79TH AVENUE, 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 on November 23, 1993; and WHEREAS, this portion of SW 79th Avenue is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, the purpose for this vacation is to vacate a portion of SW 79th Avenue that is no longer needed for public use and because all abutting tax lots have been consolidated; and WHEREAS, this 20 foot wide roadway is a dedicated public right-of- way for the subdivision plat Palmer Acres; and WHEREAS, the purpose of this vacation is to vacate the 20 foot right-of-way for the subdivision plat Palmer Acres that is no longer needed because all abutting tax lots have been consolidated; and WHEREAS, this subdivision plat Twin Oaks Lane is a legally recorded subdivision plat, Book 12 Page 18 Washington County Records; and WHEREAS, the purpose of this vacation is to vacate the subdivision plat Twin Oaks Lane that is no longer needed because of a lot consolidation in conjunction with the development of a Costco Wholesale store; and WHEREAS, the adjacent properties support this vacation; and WHEREAS, the vacation has been initiated by the City Council and approval . has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have no objections; and WHEREAS, notice has been mailed -to all property- owners abutting said vacation area and all property owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.040, the Recorder posted notice in the area to be vacated and published notice of the public hearing; and ORDINANCE No. 94- Page 1 WHEREAS, the prop y owners of the majority the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on November 23 , 1993 , finds that it is in the public interest to approve the request to vacate that certain portion of SW 79th Avenue, an unnamed 20 foot wide right-of-way, and subdivision plat Twin Oaks Lane because the public interest will not be prejudiced by this vacation as provided by ORS 271.120 and TMC section 15.08.130. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of SW 79th Avenue, an unnamed 20 foot wide right-of-way, and subdivision plat Twin Oaks Lane as shown and described on the attached exhibit A (map and legal description of area to be vacated) and by this reference made part there of. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1994. Catherine Wheatley, City Recorder APPROVED: This day of , 1994. Gerald R. Edwards, Mayor Approved as to form: City Attorney Date ORDINANCE No. 94- Page 2 wOb 1 o m m . w > 3 3_ Q i_W. vii a� PFAFFI£ H at ST- � I 13 t Ro�owwr t !. -TO t S-w DUVALL -TREE- \ �i PARK j /1 gAROOR PI- d - Q 217 � 1 -yAY a BEVFc_jtho / f HiL LEWIS s EXHIBIT A DESCRIPTION FOR VACATION OF 79TH AVENUE (TWIN OAKS LANE) A tract of land situated in the Southeast one-quarter of the Southwest one-quarter of Section 36 Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follow: Commencing at the 2 inch iron pipe set at the initial point of the Plat of Twin Oaks Lane, Recorded in Book 12 Page 18 of the Washington County Plat Records; thence N 901 00' 00" E a distance of 321 . 86 feet to the southeast corner of said plat; thence N 010 44' 40" W along the east line of said plat a distance of 142 . 19 feet to the True Point of Beginning; thence S 74° 00' 30" W a distance of 133 .51 feet to the point of curve; thence along said curve to the right with a radius of 72 . 00 feet and a delta o= 113° 23' 30" (chord which bears N 490 17' 45" W, 120 . 45 feet) a distance of 142 .49 feet to a point of tangency; thence N 070 24' 00" E a distance of 71 . 68 feet; thence N 160 04' 20" E a distance of 94 . 00 feet, to the point of curve; thence along said curve to the left with a radius of 250 . 00 feet a delta of 36° 37' 00" (a chord which bears N 020 14' 10" W, 157 .06 feet) a distance of 159 . 77 feet, to the point of tangency; thence N 201 32' 40" W a distance of 57 . 00 feet, to a point of curve; thence along said curve to the right with a radius of 169 . 00 feet and a delta of 36 52' 00" (a chord which bears N 021 06140" W, 106 . 88 feet) a distance of 108 .76 feet, to a point of tangency; thence N 161 19' 20" E a distance of 88 . 00 feet to a point of curve; thence along said curve to the left with a radius of 70 .00 feet and a delta of 13° 06' 45" (a chord which bears N 090 45' 57" E, 15 . 98 feet) to a point of compound curve; thence along said curve to the left with a radius of 15 .00 feet and a delta of 1320 46' 24" ( a chord which bears N 610 17' 28" W, 27 . 49 feet) a distance of 34 .76 feet to the southerly right of way of Pacific Highway 99W; thence N 52° 19' 20" E, along said right of way a distance of 84 .47 feet to a point of curve; thence along said curve to the left with a radius of 15 . 00 feet and a delta of 740 31' 22" ( a chord which bears S 150 03' 39" W, 18 .16 feet) a distance of 19 .51 feet, to a point of reverse curve; thence along said curve to the right with a radius of 120 . 00 feet and a delta of 380 31' 53" (with a chord which bears S 020 56' 36" E, 79 . 19 feet) a distance of 80 .70 feet, to a point of tangency; thence S 161 19' 20" W a distance of 88 .00 feet to the point of curve; thence along said curve to the left with a radius of 119.00 feet and a delta of 36° 52' 00" (a chord which bears S 02° 06' 40" E, 75.26 feet) a distance of 76.56 feet to a point of tangency; thence S 200 32' 40" E a distance of 57 .00 feet to a point of curve; thence along said curve to the right with a radius of 300 .00 feet and a delta of 36° 37' 00" (a chord which bears S 020 14' 10" E, 188 .48 feet) a distance of 191.72 feet to a point of tangency; thence S 160 041. 20" W a distance of 94 .00 feet to a point of curve: thence along said curve to the left with a radius of 32 . 00 feet and a delta of 881 21' 50" (a chord which bears S 28° 06' 35" E, 44 . 60 feet) a distance of 49 . 35 feet to a point of reversing curve; thence along said curve to the right with a radius of 212 . 64 feet and a delta of 131 36' 00" (a chord which bears S 651 29' 30" E, 50 . 35 feet) a distance of 50 .47 feet to a point of reversing curve; thence along said curve to the left with a radius of 42 . 00 feet a delta of 470 18' 00" (a chord which bears S 820 20' 30" E, 33 .70 feet) a distance of 38 .70 feet to a point of tangency; thence N 74° 00' 30" E a distance of 62 . 90 feet to the easterly line of the plat of Twin Oaks Lane; thence S 010 44' 40" E a distance of 51 .59 feet to the true point of beginning. johnrh\zw_noak.des EXHIBIT A DESCRIPTION OF ROAD WAY TO BE VACATED A tract of land situated in southeast one-quarter of the southwest one-quarter of Section 36, Township 1 South, Range 1 West, willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the Northwest corner of lot 8 Palmer Acres Recorded in Book 3 page 26 of the Washington County Plat Records; thence N 01° 12' 00" W, along the west line of Palmer Acres, a distance of 1689 . 95 feet to the southerly right-of-way of Pacific Highway 99W; thence N 540 39' 30" E, along said right-of-way, a distance of 24 . 16 feet, to the most westerly northwest corner of lot 1 Palmer Acres; thence S 010 12' 00" E along the westerly lines of lots 1, 2, 3, 4, 5, 6, and 7 Palmer Acres, a distance of 1701 . 50 feet, to the southwest corner of lot 7 Palmer Acres; thence N 821 42' 00" W a distance of 20 .22 feet to the point of beginning. jOHN.tiIAPA= a.VAC - `5 l I CITY OF TIGARD, OREGON RESOLUTION NO. 93--S"? A RESOLUTION CONCERNING THE VACATION OF: 1) A PORTION OF SW 79TH AVENUE, BEGINNING WITH THE INTERSECTION OF SW 79TH AND SW PACIFIC HIGHWAY AND CONTINUING TO THE SOUTHEAST TERMINUS OF SW 79TH AVENUE, AND 2) THE SUBDIVISION PLAT OF TWIN OARS LANE RECORDED IN PLAT BOOR 12 PAGE 18 WASHINGTON COUNTY RECORDS, AND 3) AN UNNAMED 20' WIDE RIGHT-OF-WAY LOCATED IMMEDIATELY TO THE EAST OF SW 79TH AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, this portion of SW 79th Avenue is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, SW 79th Avenue, in the vicinity of the area proposed for vacation is no longer needed; and WHEREAS, the property owner(s) will be required to provide easement(s) for access and any utilities located within the area proposed for vacation; and WHEREAS, the recorded plat of Twin Oaks Lane is no longer needed; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: ( 1) The Tigard City Council initiates a vacation request of a public right-of-way and subdivision plat, and with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings; and (2) A public hearing is hereby called to be held by the City Council on Tuesday, January 25, 1993, 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 right-of-way; and RESOLUTION NO. 93- 5! Page 1 (3) 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 January 13, 1993 and the final publication to be on January 20, 1993. 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 at or near each end of the area proposed to be vacated; and (4) That the particular portion of granted public right-of-way to be vacated is shown on the attached sheet labeled-Exhibit "A" and by reference made a part thereof. PASSED: This Q day of A6 Via ice' /7, 1993 . ATTEST: City of Tigar City Recorder - City of Tj4ard RESOLUTION NO. 93-� Page 2 From: FINANCE/MIKE_A Subject: COSTCO REQUEST TO VACATE 79TH AVE IN TWIN OAKS PLAT To: CATHY X-To: CATHY,JERREE Date: 21 Oct 94 12:48:18 I AM TRANSMITTING A COPY OF THE TITLE REPORT FOR THE COSTCO PROPERTY THAT IS A REQUIREMENT OF THE ORDINANCE 94-02 WHICH SHOULD SATISFY THE LAST REQUIREMENT FOR THE COMPLETION OF THE VACATION. CHICAGO TITLE WILL BE SENDING OVER A MESSENGER TO PICK-UP THE ORIGINAL DOCUMENT AND TRANSMIT IT TO WACO FOR RECORDING TODAY. I HAVE ASKED THEM TO GIVE A CALL BACK WITH THE BOOK AND PAGE DATA. PLEASE DELIVER THE DOCUMENT TO THE FRONT COUNTER FOR PICK-UP. THANKS. TONKON, TORP, GALEN, MARMADUKE 6 30TH ATTORNEYS AT LAW �• 1600 Pioneer Tower 888 S.W. Fifth Avenue Portland, Oregon 97204-2099 (503) 221-1440 FAX: (503) 274-6779 TELEX: 360823-HQ-PTL FAX COVER PAGE DATE; October 20. 1994 THIS TRANSMISSION IS T0; TELEPHONE NAME / COMPANY NUMBER FAX NUMBER Michael Anderson 684-7297 City of Tigard THIS TRANSMISSION IS FROM: Jeffrey H. Keeney CLIENT/MATTER NO. : 2641-28 NUMBER OF PAGES (INCLUDING COVER PAGE) : If you do not receive all of the pages, please contact our fax operator at (503) 221-1440, Ext. 476. COMMENTS: Per Rick Martin' s request , attached is the title policy issued by Chicago Title Insurance Company of Oregon with respect to the Tigard property currently being developed by Costco . As set forth in the title policy, Costco is the owner of the entirety of the property including each of the residential lots. Do not hesitate to call me if you have any questions. Triginal document being transmitted: hewill not be sent to you. — will be sent by overnight delivery. will be sent by regular mail. _ other: The information contained in this facsimile transmission is Confidential and is intended only for the use of the individual or entity to whom it is addressed- it may contain information protected by the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any di®closure, copying. distribution, or the taking of any action in reliance on the contents of this communication is strictly prohibited. if you have received this facsimile transmission in error, please immediately notify us by a collect telephone call to (503) 221-1440. and return the original facsimile to us at the address above via the U.9. postal service. TZ0/T00I2j (ISYDI,L d0 XID Fff9 X3 dI0L NoXN01 6LL8 rLZ CoM LC:9T b 6/OZ/OT Am l WslarmRa) va va.ysv,aes - AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8•--1970 (Rev. 10-17-70 and 10-17-84) CHICAGO TITLE INSURANCE COMPANY OF OREGON SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF. CHICAGO TITLE INSURANCE COMPANY OF OREGON. an Oregon corporation. herein called the Company. insures, as of Date of Policy shown in Schedule A. against loss or damage. not exceeding the amount of insurance stated in Schedule A. and costs. atiorneys' fees and expenses which the Company may become obligated to pay hereunder. sustained or incurred by the insured by reason of'; I. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein: 2. Any defect in or lien or encumbrance tin such title: 3. Lack of a right of access to and from the land: or 4. Unmarketability of such title. CHICAGO TITLE INSURANCE COMPANY OF OREGON Issued by: ev: CHICAGO TITLE INSURANCE COMPANY OF OREGON 10001 S.E. Sunnyside Road ` " ��pnwCF ` Ptr�ident � C 1 Clackamas, Oregon 97015 .� (503) 653-7300 = CDoo�AA1r AUthorized Signature IMPORTANT This policy necessarily relates solely to the title as of the date of policy. In order that a purchaser of the real estate described herein may be Insured against defects, liens or encum- brances,this policy should be reissued In the name of such purchaser. ALTA OWNERS FORM 8-1970(Rev.10.17.70 and 10.17-84) Reorder Form No.9413 TZO/ZOOQ� allVDII d0 A1.I0 FBF a Td dual NONN01 6LL8 hLZ COS%S 8C:9T b6/OZ/OT EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any iaw,ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erased on the land,or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of arty violation of the matters excluded under(a),(b)or(c)above,unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds,mortgages,lis pendens,liens or other tide encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;provided,however,that without limitation.such records shall not be construed to include records in any of the offices of federal, state or local environmental protection,zoning,building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens, encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c) resulting in no loss or damage to the insured claimant;or(d)attaching or created subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. TZO/C00 GX 9I,L 10 UID FfF q yd duos NONNO,L 6LL8 fLZ COS$ 8C:9T f6/OZ/OT SCHEDULE A Date of Policy: March 23, 1994 at 3:30 p.m. Policy No. : 118796' Amount of Insurance: $6,386,250.00 Amount of Premium: $30,106.72 1. Name of Insured: COSTCO WHOLESALE CORPORATION, a Washington corporation 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: COSTCO WHOLESALE CORPORATION, a Washington corporation 4_ The land referred to in this policy is described as follows: PLEASE SEE ATTACHED PAGES (Continued) TZO/f OOH] UVDI.L d0 A.LIO EEE+- g Xd JH01 NOXNO.L 6LL8 tLZ E05$ 6C:9T V6/OZ/OT Order No: 116796 LEGAL DESCRIPTION PARCEL I: Lots 1 through 8, inclusive, PALMER ACRES, Washington County, Oregon. EXCEPTING THEREFROM that portion of Lot 8 conveyed to the State of Oregon by and through its state Highway Commission by deed recorded in Book 568, Page 567, Washington County, Oregon. PARCEL II: Lot 1, TWIN OAKS LANE, Washington, County, Oregon. PARCEL III: Lot 2, TWIN OAKS LANE, Washington County, Oregon. PARCEL IV: Lots 3 and 10, TWIN OAKS LANE, Washington County, Oregon PARCEL V: Lot 4, 'TWIN OAKS LANE, Washington County, Oregon. PARCEL VI: Lot 5, TWIN OAKS LANE, Washington County, Oregon. PARCEL VII: Lot 6, TWIN OAKS LANE, Washington County, Oregon. PARCEL VIII: Lot 7, TWIN OAKS LANE, Washington County, Oregon. PARCEL IX: Lot 8, TWIN OAKS LANE, Washington County, Oregon. PARCEL X: Lot 9, TWIN OAKS LANE, Washington County, Oregon. PARCEL XI: Lot 11, TWIN OAKS LANE, Washington County, Oregon. (Continued) TZO/5001] axv9Il d0 A110 FFF S X3 dsol NONN01 6LL8 VLZ Cos,$ 6C:9T f6/oZ/OT Order No: 119796 LEGAL DESCRIPTION PARCEL XII: Lot 12, TWIN OAKS LANE, Washington County, Oregon. PARCEL XIII: Lot 13, TWIN OAKS LANE, Washington County, Oregon. PARCEL XIV: Lot 14, TWIN OAKS LANE, Washington County, Oregon. PARCEL XV: Lot 15, TWIN OAKS LANE, Washington County, Oregon. PARCEL XVI: Lot 16, TWIN OAKS LANE, Washington County, Oregon. PARCEL XVII: Lot 17, TWIN OAKS LANE, Washington County, Oregon. PARCEL XVIII: Lot i9, TWIN OARS LANE, Washington County, Oregon. PARCEL XIX: Lot 19, TWIN OAKS LANE, Washington County, Oregon. PARCEL XX: A portion of that certain tract in the Southwest quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian, described as Parcel II, in that certain deed of trust to New West Federal Savings and Loan Association recorded as Document No. 89028994, Deed Records of Washington County, Oregon, said portion being more particularly described as follows: beginning at a point on the North line of said Parcel II, which point bears South 839361411' East 22.60 feet from the Northwest corner thereof; and running thence 381.33 feet along a nontangent 465.00 foot radius curve to the right (the long chord of which bears South 03041,22" East 370.74 feet) ; thence 510.80 feet along a 535.00 foot radius curve to the left (the long chord of which bears South 07032'55" East 491.62 feet) to the center of a creek known as Red Rock Creek; thence following the center of said creek South 10032'11" West 13.89 feet, South 62027'30" West 39.83 feet, South 19021'41" West 7.92 feet, South 87054'42" West 17.36 feet, South 05024138" West 34.15 feet, South 51012152" West 33.47 (Continued) TZO/900[j axv5Il A0 UI0 — S Xd Asol NOXN01 6LL9 rLZ C05$ 6U9T t6/OZ/OT Older Not 118796 L80AL DE9CRIPTION feet, South 40902017" West 43.15 feet to the West line of said Parcel II; thence North o0913' S6" East along the West line, 986.76 feet to the Northwest corner,of said Parcel II; thence South 830361411, East along the North line thereof, 22,60 feet to the point of beginning. PARCEL XXI: That portion of the following described tract of land in Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, lying Easterly of the Easterly boundary of the Beaverton-Tigard Highway as described in Case No. 27-169, Circuit Court for Washington County. Beginning at a point in the George Richardson Donation Land Claim No. 38, said beginning point being reached by running from the Northwest corner of the W,W. Graham Donation Land Claim No. 39, South 830 East 4.69 chains and North 20°10' West 4.S2 chains to a stone, and the true point of beginning; thence South 79025' East 4 .45 chains; thence North 77028' East 3 .30 chains; thence North 440 East 2.50 chains; thence North 12030' East 1.70 chains; thence North 37610' West 1.69 chains; thence South 86 13' West 49 links; thence North 00°29' West 15.00 chains along the west line of TWIN OAKS LAND, a plat of record of Washington County, and its Southerly and Northerly extensions, to the center of Taylor's Bridge Road; thence West 30 links; thence along the East line and its Southerly extension of that tract conveyed to Ralph L. Palmer, et ux, by deed recorded in Book 251, Page 759, Washington County Deed Records, South 00029' East 15.00 chains; thence South 86013' West 1.84 chains; thence South 59010' West 4.50 chains; thence North 84933' West 3.11 chains; thence South 20010' East 2.72 chains to the place of beginning. PARCEL XXII: That portion of the following described tract of land in the George Richardson Donation Land Claim No. 38 and 55 in Section 36, Township 1 South, Range 1 West and in section 1, Township 2 South, Range I West, Willamette Meridian, Washington County, Oregon, lying Easterly of the Easterly boundary of the Beaverton-Tigard Highway as described in Case No. 27-169, Circuit Court for Washington County. Commencing at a point on the South boundary line of said Richardson Donation Land Claim, South 839 East 4.69 chains from the Northwest corner of the W.W. Graham Donation Land Claim No. 39; and running thence North 20043' Weat 4.52 chains to a stone; thence South 79025' East 4.45 chains; thence North 77128' East 3.30 chains; thence North 44000' East 2.50 chains; thence North 12030' East. 1.70 chains; thence North 37010' West 1.69 chains to beginning point of the land to be described; running thence from said beginning point South 86013' West 32.34 feet to an iron pipe on the Easterly line of private roadway 30 links wide; thence North 0003' West following the Easterly line of said roadway 336.03 feet to an iron pipe; thence East 321.86 feet to an iron pipe on the West line of PALMER ACRES, a recorded plat in Washington County, Oregon; thence South 1044140" East following the Westerly line of said plat of PALMER ACRES, 333.65 feet; thence West 299.00 feet to the place of beginning. (Continued) TZO/L001n UVDII d0 AII0 FF 9 XA asol NOXN01 6LL8 tLZ COS$ Ot:9T b6/0Z/0T order No: 116796 LBUL DSBCRIPTION PARCEL XXIII: That portion of the following described tract of land in Section 1, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, lying Easterly of the Easterly boundary of the Beaverton-Tigard Highway as described in Case No. 27-169, Circuit Court for Washington County: A tract of land in the George Richardson Donation Land Claim No. 38; beginning at a point on the South boundary line of the Richardson Donation Land Claim 4.69 chains South 830 East from the Northwest corner of the donation land claim of the W,W. Graham Donation Land Claim No. 39; and running thence North 20043' West 4.52 chains; thence South 79025' East 4.45 chains; thence North 77026' East 3.30 chains; thence North 440 East 2.50 chains; thence North 12030' East 1.70 chains; thence North 37010' West 1.69 chains; thence East 4.50 chains, more or less, to the West line of PALMER ACRES, a recorded plat of Washington County; thence along said West line South 1015' East 10.365 chains to the South boundary of said Richardson Donation Land Claim; thence North 63000' west 11.95 chains to the place of beginning. TZO/8000 QHVDII d0 AI,IO FF H X3 dsol NONNO,L 6LL8 tLZ C05$ 0:9T f6/OZ/OT Policy No. 118796 SCHEDUL$ B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys, fees or expenses) which arise by reason of: THE FOLLOWING EXCEPTION AFFECTS ALL OF THE HEREIN DESCRIBED PARCELS: 1. The premises herein described are within and subject to the statutory power including the power of assessment of the Unified Sewerage Agency of Washington County. (There are no assessments as of the date of this policy.) THE FOLLOWING EXCEPTIONS AFFECT PARCEL I: 2. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of an unnamed creek. 3. Limited access provisions contained in Deed to the State of Oregon, by and through its State Highway Commission, which provides that no right or easement of right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property, Recorded: February 18, 1966 Book: $88 Page: 567 Affects: Lots 4, 5, 6, 7 and 8 4. An easement created by instrument, including terms and provisions thereof. Dated: July 28, 1967 Recorded: August 8, 1967 Book_ 653 Page: 596 In Favor Of: City of Tigard, a Municipal Corporation For: Underground sewer line Affects: A strip of land 15 feet in width Northeasterly of, parallel to, along and within 15 feet of the Northeasterly boundary of the Beaverton-Tigard Highway in the Southwesterly portion of Lot 8, PALMER ACRES (Continued) TZO/600[n QHVDI.L 30 AIID +fF fl X1 JH01 NONN01 6LL8 fLZ C09Qi T17:9T t6/0Z/0T Policy No: 118796 S. An easement created by instrument, including terms and provisions thereof. Dated: December 17, 1968 Recorded: March 31, 1969 Book: 737 Page: 807 In Favor Of: City of Tigard, a Municipal Corporation For: Underground sewer line Affects: The Southerly portion of Lot 5, and the Easterly portion of Lots 5 and 4, PALMER ACRES 6. Agreement of Conveyance, Easements and Covenants, including the terms and provisions thereof; Dated: January 10, 1992 Recorded: January 15, 1992 Recorder's Fee No. : 92 002831 By and Between: Western-Duff Tigard Partners, a California general partnership and Super Valu Stores, Inc. , a Delaware corporation Re-Recorded: January 22, 1991 Recorder's Fee No. : 92 004083 THE FOLLOWING EXCEPTIONS AFFECT PARCEL XX: 7. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of an unnamed creek. 8. Any adverse claims based upon the assertion that the unnamed creek has changed in location. 9. An easement created by instrument, including terms and provisions thereof. Dated: February 16, 1953 Recorded: February 27, 1953 Book: 341 Page: 596 In Favor Of: Portland General Electric Company, a Corporation of Oregon For: Electrical linea, telephone lines and appurtenances Affects: A portion of the herein described property lo. An easement created by instrument, including terms and provisions thereof. Recorded: October 11, 1968 Book: 720 Page- 515 Ia Favor Of: City of Tigard For: Underground sewer line and appurtenances Affects: A 15 foot strip through the Southerly portion of the herein described property (Continued) TZO/OTO[j Qatl9Is 30 AZIO EEF g Ad daOZ NOXNOZ 6LL8 bLZ COS$ Tt:9T 66/0Z/0T Policy No: 118796 11. An easement created by instrument, including terms and provisions thereof. Recorded: February 6, 1970 Book: 770 Page: 759 In Favor Of: City of Tigard For: Sewer line Affects: A 15 foot strip along the North lot line of the herein described property 12. Conveyances, Easements and Covenants Agreement, including the terms and provisions thereof; Dated: January 10, 1992 Recorded: January 15, 1992 Recorder's Fee No. : 92002831 By and Between: Western-Duff Tigard Partners, a California general partnership and Super Valu Stores, Inc. , a Delaware corporation Re-recorded: January 22, 1992 Recorder's Fee No. : 92004083 13. This property is within the Dartmouth Street Local improvement District No. 40 and is subject to assessments therein, as disclosed by deed to Western-Duff Tigard Partners, a California general partnership; Recorded: September 21, 1993 Recorder's Fee No. : 93077272 14. Right of Entry Agreement to construct the proposed Dartmouth Street was executed by Supervalu Holdings, Inc_ and is on file with the city, as disclosed by deed to Western-Duff Tigard Partners, a California general partnership Recorded: September 21, 1993 Recorder's Fee No. : 93077272 THE FOLLOWING EXCEPTIONS AFFECT PARCELS XXI THROUGH XXIII: 15. Limited access provisions contained in 'Final judgment and order of taking' to the State of Oregon, by and through its State Highway Commission, which provides that no right or easement of right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property, Filed: April 21, 1966 Circuit Court No. : 27-169 (Affects Parcels XXI, XXII and XXIII) (Continued) TZO/TTOO QHVDII ,d0 lID FE-F- 5 kd dsol NONN01 6LL8 bLZ COS,$ Zf:9T b6/OZ/OT Policy No: 118796 16. An easement created by instrument, including terms and provisions thereof. Dated: July 10, 1967 Recorded: August 8, 1967 Hook: 653 Page: 600 In'Favor Of: City of Tigard, a municipal corporation of Oregon For: Underground sewer line Affects: The most Southerly portion of Parcel XXIII END OF POLICY June 13, 1994 td TZO/ZTO Qj aXYDII 30 UID FfF fl X3 d2I0,L NOMN01 6LL8 rLZ C05$ Z6:9T t6/OZ/OT ER's INFLATION PROTECTION ZIMO, .ENT Attached to Policy No. 118796 issued by CHICAGO TITLE INSURANCE COMPANY OF OREGON Dated: March 23, 1994 at 3:30 p.m. Premium: No Charge The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the insured owner named in the policy, hereby modifies the policy, as follows: 1. notwithstanding anything contained in the policy to the contrary, the amount of insurance provided by the policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified; 2. 'adjustment date' is defined, for the purpose of this endorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the date of policy, as shown in Schedule A of the policy to which this endorsement is attached and on each succeeding January 1; 3. an upward adjustment will be made on each of the adjustment dates, as defined above, by increasing the maximum of insurance provided by the policy by 10% (ten percent) per year for 5 (five) years; provided, however, that the maximum amount of insurance in force shall never exceed 15ot of the amount of insurance stated in Schedule A of the policy, less the amount of any claim paid under the policy which, under the terms of the conditions and stipulations, reduces the amount of insurance in force; 4. in the settlement of any claim against the Company under the policy, the amount of insurance in .force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as the date of receipt by the Company of the first notice of the claim, whichever shall first occur. The total liability of the Company under the policy and any endorsements therein shall not exceed, in the aggregate, the face amount of the policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any-prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. CHICAGO TITLE INSURANCE COMPANY OOF OREGON i✓i'c�-�li�>(J GG� ���� BY- Authorized Signature 6.1 Endorsement TZO/£TOZ aSVDII 30 AJIa +-EE- S Xd dS01 NONN01 6LL8 bLZ v05.$ Z17:9T fib/OZ/OT SURVEY ZNDORSMMNT Attached to Policy No. 118796 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: March 23, 1994 at 3 :30 p.m. Premium $50.00 The company insured the insured that: 1. The land is the same as that delineated on the plat of a survey made by w s. H pacific on November 23, 1993 and January 6, 1994, Job No. 4-304-0301, which is attached hereto and made a part hereof. The Company hereby insures the insured against loss which the insured shall sustain in the event that the assurances of the Company herein shall prove to be incorrect. The total liability of the Company under the policy and any endorsements therein shall not exceed, in the aggregate, the face amount of the policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. CHICAGO TITLE INSURANCE COMPANY 0"0 By: Authorized Signature 6 .25 Endorsement TZO/rTO j asvDI.L d0 Alio -- 8 Yd asol NONN01 6LL8 fLZ C0SQ Cb:9T f6/0Z/0T CO2iTICUITY Z DORSZXZ T Attached to Policy No. 118796 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: March 23, 1994 at 3:30 p.m. Premium: $50.00 The Company insures the insured that Parcel XX is contiguous to Lots 1, 2, 3 and 4, of PALMER ACRES; Lot 1 is contiguous to Lot 2, Lot 2 is contiguous to Lot 3, Lot 3 is contiguous to Lot 4, Lot 4 is contiguous to Lot 5, Lot 5 is contiguous to Lot 6, Lot 6 is contiguous to Lot 7 and Lot 7 is contiguous to Lot 8, of PALMER ACRES; Parcel XXI is contiguous to Parcel XXII, Parcel XXII is contiguous to Parcel XXIII; Lot 1 is contiguous to Lot 2, Lot 2 is contiguous to Lot 3, Lot 3 is contiguous to Lot 4, Lot 4 is contiguous to Lot 5, Lot 5 is contiguous to Lot 6, Lot 6 is contiguous to Lot 7, Lot 7 is contiguous to Lot 8, Lot 8 is contiguous to Lot 9, Lot 9 is contiguous to Lot 10, Lot 10 is contiguous to Lot 11, Lot 12 is contiguous to Lot 13, Lot 13 is contiguous to Lot 14, Lot 14 is contiguous to Lot 15, Lot 1S is contiguous to Lot 16, Lot 16 is contiguous to Lot 17, Lot 17 is contiguous to Lot 18, and Lot 18 is contiguous to Lot 19, of TWIN OAKS LANE. The Company hereby insures the insured against loss which the insured shall sustain in the event that the assurance herein shall prove to be incorrect. The total liability of the Company under the policy and any endorsements therein shall not exceed, in the aggregate, the face amount of the policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. CHICAGO TITLE INSURANCE COMPANY $Y: Author12ed Signature 6.26 Endorsement T6-0/STO j axy9I.L d0 AIIO —f S T3 dsol NONN01 ELLS %Z Cos$ Cf:9T T6/oZ/OT ACC888 ENDORSOONT Attached to Policy No. 118796 Issued by CHICAGO TITLE INSURANCE COMPANY OF OREGON Dated: March 23, 1994 at 3:30 p.m. Premium: $50.00 The Company hereby insures the insured; 1. That said land abuts upon physically open street known as S.W. Pacific Hwy. 99W and S.W. Dartmouth Street and the Company hereby insures said insured against loss which said insured shall sustain in the event said assurrances herein shall prove to be incorrect. The total liability of the Company under the policy and any endorsements therein shall not exceed, in the aggregate, the face amount of the policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. CHICAGO TITLE INSURANCE COMPANY OF OREGON BY: Authorized Signature 6.30 Endorsement iZO/9T0In allVDII 30 AIIO FFf S Xd dHol NONN01 6LL8 %Z Cos$ rf-9T f6/OZ/OT 2200 _ 100 Q 5.94Ac, [ Ac. Tess o' so t,• p 'a t' E o — e�r44' � 2300 G ee� IL ;`� !oe 7 f? S" 8.24 _ 344.9 Q e a 4 Nee•I5'xQ"E �.� T -NMI 2400 'tea 20 1 ai° 4100 6 o v L � q �18 141.36 tt}N 101.1I 1 h '+ 2500 - Ke9°!! 4000 oUj cQ i r- > 17 155.95 0 e 99.55 2 Q = 2600 ~ �� 3900 �+ o a ° r 1 6 1.51 1 n Cro o� \ It C42, 3 &n 3142 3800 .5« 2T00 -- — , _ N q o 15 — IIY.9Y 7� 3700 =, 2800In w n ° o e N N 5 3 2.900 600 N r 3500 ti - ti rlse°Ie ao e e o IV 3000 a - 344.9 3 Tie e 3 4.0 0 a 34.e,i•o.�°rt . o, w A A N eij;slc• e A M�` 1%%a �� CHICAGO %? .0 se.se 3300 L�5% 3100 �'t ONS plat is for your aid in 9 a 1 locating your land with reference 3200 1Oho ••' to streets and other parte Is. While this plat is befteved to • ° be correct,the company assumes a' y ` no liability for any loss occurring 136 3!•0 , 3 3 . 5 6 E by reason of reliance thereon.' a INITIAL POINT 3!1.96 _ No. t?e[406 A7iE NSURMCE CowAW T W 1}t b.R e 251 XMI S.E SUNWYSOt NoC CXM11N45.OREGON e7Otb TZO/LTOO ([HVDI1, 30 AJIa FFF 9 'Yd dHOJ, HOM01 6LL8 %Z C05$ 66:9T b6/OZ/OT d i . CHICAGO 200 "chis plat Is for your afd.in locating your land with reference M to street&and other parcels. While this plat is believed to tae correct,the company assumes no liability for any Ices occuring CQ by reason of reliance thereon." _ No. �; S\ •�Af� a+ICAM TITLE INsupANCF CorKPAllr 10001 S.E.WNNYSIDE ROAD CLACKAMAS.OkeGON 97015 m Q `� 101 a,es�c• r U3 r n i i 0 e � e ' • e m 300 S � (A L' N V o. a WLij _ 0 7 ie o z 1 INITIAL ,o„r Y TZO/STOC(7jj Q2Ih9Il d0 AID FE-E S X3 duol NONN01 6LL8 PLZ VOSQ, 5f•:9T 176/0Z/OT �� 4r• �� CHICAGO his plat is for your aid 1n beating your land wall reference r. z� ■.T"Nea Lar t to streets and other parcels. i � While this plat is believed to 7 be correct,the company assumes no liability for any loss occurring d , x100 by reason of reliance thereon' - s�4 No-'a&1 1 Cab:��S t 36C C- 000 0o 4"CAW YITLE wSrR�QOMPAW `° wmt 81,S~SOF ROAD J fERRS ,- r q� parcel W FOR ASSESSMENT PURPOSES ONLY DO NOT RELY ON FOR ANY OTHER USE I LL fur su... laul l 4.reac. I! 9 u I i� Parcel ?XII U 1 I C ' ,ry z a Parcel a W 9� XXIII N LL C 17 a d •� N TZ016TO (INVDII 10 AID FFF g k3 d)I01 NOX901 ELLS 6LZ C05$ Sb:9T WOZ/OT ":ONDITIONS AND STIPULATIONS - '. ravers policy, the Company MAY pursue any *unit UUption to final determi- OOt+nMoa nation by a court of competent jurisdiction and expressly resatven the The following terms when used in this policy mean: right, in its sole discretion, to appeal from any adverse (a) 'insured'- the insured named in Schedule A, and, subject to nt judgment order.any rights or defenses the Company rsay, have had against the named an where insured,those who succeed to the interest of such insured by operation to prosecute or provide for the as requires Utloa of a Company of law as distinguished from purchase including. but not litniled to, pr P Y Pro heirs, distributees, devisees, survivors, personal representatives, next of the insured hereunder shall secure to the Company the tight to so kin, or corp,00rate of fiduciary successors. prosecute or provide defense in such action or proceeding, and all (b) "insured claimant": an insured Claiming loss or damage here- appeals Therein.and permit the Company use,at its option,the sante of such insured for such prepost. Whenever requested by the Com- itoder. pany, sucb insured shall give the Company all reasonable aid in any (c) "knowledge": actual knowledge. not constructive knowledge or such action or proceeding, in affecting settlement, securing evidence, notice which may be imputed to an insured by reason of any public obtaining Witnesses, or prosecuting or defending such action or pro- recut d9. rorecutds. caoding, and the Company shall reimburse such insured for any (d) `land':the land described,specifically or by reference in Schedule expense so Incurred. A.and improvements affixed thereto which by law constitute real Prop- a. Notice of Losr_is�thetlos of Action arty; provided,however,the term"land" does not Include any property In addition to the notices required under paragraph 3(b) of these beyond the lines of the area specifically described or referred to in Conditions and Stipulations,a statement in writing of any lass or dam- Schedule A,nor any tight, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, Ways or waterways, but nothing age for which it is claimed the Company is liable tinder this policy herein shall modify or limit the extent to which a right of access to shall be furnished to the Company Within 90 days after such loss of is insured by this policy. damage shall have been determined and no Tight of action shall accrue and from the land is insured deed of trot,trust deed, or other security to an insured claimant until 30 days after such statement shall have (c) ,mortgage". been furnished. Failure to furnish such statement of loss or damage insttuument. shall terminate any liability of the Company under this policy as to (f) "public records": those records which by law impart constructive such loss or damage. notice of"tatters relating to said land. S. Oyllons to/q or Odtar+rlsa hulls Claims !. Continuation d 1"srtaneo after Csa.oyoraco M Thio The Company shall have the option to pay or otherwise settle for The coverage of this policy shalt continue in force as of Date of or in the name of an insured claimant any dein insured against or to Policy in favor of an insured so long as such insured retains an estate terminate all liability and obligations of the Company hereunder by or interest in the land, or holds an indebtedness secured by a purchase paying or tendering payment of the amount of Insurance under this money mortgage given by a purebaser from such Insured, or so long policy together with any costs, attorneys' fees and expenses incurred as such insured shalt have liability by reason of covenants of Warranty up to the time of such payment or tender of payment, by the insured made by such insured in any transfer or conveyance of such estate or claimant and authorized by the Company. Interest: provided, however, this policy shall not continue in force in a patonnlnolle"otic/a7moet of Loss favor of any purchaser from such insured of either said estate or interest or the indebtedness secuted by a purchase money mortgage exceed the least of: The liability of the Company Under this policy shall in no case exce given to such insured. (i) the actual loss of the insured claimant; or 3. Defense god/rosecolon of Aetlens—filotleo of Claim (ii) the amount of insurance stated In Schedule A. ft be give"by an Uuueer Clolmoet (b) The Company will pay, in addition to auy loss insured against (a) The Company, at its own cost and without undue dttaY, shall by this policy, all costs imposed upon an insured in litigation carried provide for the defense of an insured in all litigation consisting of on by the Company for such insured, and all costa, attorneys fees and actions or proceedings commenced against such insured, or a defense expenses in litigation carried on by such Insured with the written interposed against an insured in an action to enforce a contract for a authorisation of the Company. We of the estate or interest in said land, to the extent that such litiga- t (c) When liability has been definitely &W in accordance with the ion is fouoded upon an alleged defect, lien. encumbrance, or other conditions of this policy, the lose of damage shall be Payable within matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in 30 days thereafter. case any action or proceeding is begun or defense is interposed as set 7. limitation of Uebitity forth in (a) above. (ii) in case knowledge *ball come to an insured No claim shall arise or be maintainable under this policy (a) if the hereunder of any claim of title or interest Which is adverse to the Company, after having received notice of an alleged defect, lien or title to the estate or interest. as insured, and which might cause loss encumbtapce insured against hereunder, by litigation or otherwise, or damage for Which the Company may be liable by virtue of this removes such defect, lien or encumbrance or establishes the title. as policy, or (iii)if title to the estate or interest, as insured, is rejected as insured, within a reasonable time after receipt of such notice; (b) in unmarketable. If such prompt notice shall not be given to the Com- the event of litigation until there has been a final determination by a pony, then as to such insured all liability of the Company shall casae court of competent jurisdiction, and disposition of all appeals there- and'terminate in regard to the matter or maRars for which such from, adverse to the title, as insured, as provided in paragraph 3 prompt notice is required; provided, however, that failure to notify hereof: or(c)for liability voluntarily assumed by an insured in stilling shall in no cast prejudice the rights of any such insured under this any claim or suit without prior written consent of the Company. policy unless the Company shall be prejudiced by such failure and g. IlNuctiom of ahlllhy then only to the extent of such prejudice. All payments under this policy, except psyments laude for costs. (c) The Company *hall have the right at its own cost to institute attorneys' fees and expenses, shall reduce the amount of the insurance and Without undue delay prosecute any action or proceeding or to do pro tanto. No payment shall be made without producing this policy any other act which in its opinion may be necesuary or desirable to for endorsement of such payment unless the policy be lost or destroyed, establish the title to the estate or interest as insured, and the Company in which case proof of such loss or destruction shall be furnished to may take any appropriate action under the terms of this policy,whether the satisfaction of the Company, or not it shall be liable %hereunder, and shall not thereby concede liability or waive any provision Of this policy. 9. UabliMy Nonsvm+t.tive (d) Whenever the Company shall have brought any action or inter- It is expressly understood that the amount of insurance under this posed a defense as required or permitted by the provisions of this policy shall be reduced by any amount the Company may pay under CONDITIONS AND STIPULATIONS (Continued on Reverse Side) TZO/OZo Q)IVDI•L 10 ALIO FE-E- S X3 dso,L NOXNaL 6LLR T LZ Cos,$ 9f:9T V6/OZ/OT Cr )ITIONS AND STIPULATIONS (Conti d) any policy insuring either (a) a mortgage anown or referred to in and remedies against any person or property necessary in order to Schedule B hereof which is a lien on the estate or interest covered by perfect such right of subrogation and shall permit the Company to use this policy, or (b) a mortgage hereafter executed by an insured which the name of such insured claimant in any transaction or litigation is a charge or lien on the estate or interest described or referred to in involving such rights or remedies. if the payment does not cover the schedule A. and the amount so paid shall be deemed a payment under loss of such insured claimant. the Company shall be subrogated to this policy. The Company shall have the option to apply to the pay- such rights and remedies in the proportion which Bald payment bears ment of any such mortgages any amount that otherwise Would be pay- to the amount of said loss. If loan should result from any act of such able hereunder to the insured owner of the estate or interest covered insured claimant, such act shall not void this policy, but the Com- by this policy and the amount so paid shall be deemed a payment pany,in that event,shall be required to pay only that part of any loetes under this policy to said insured owner. insured against hereunder which shall exceed the amount, if any. lost to the Company by reason of the impairment of the right of subrogation. 10. •pperrMtsa0rnt U the land described in Schedule A consists of two or more parcels 11, ya`tlly,Minifed ss Ata pepsic which are riot used as a single site, and a loss is established affecting This instrument together with all endorsements and other iostru. one or more of said parcels but not all, the loss shall be computed menta, if any, attached hereto by the Company is the entire policy and and settled on a pro rata basis as if the amount of insurance under contract between the insured and the Company. this policy was divided pro rata as to the value on Date of Policy of Any claim of loss or damage, whether or not baaed an negligence, each separate parcel to the whole. exclusive of any improvements made and which arises out of the status of the title to the estate or interest subsequent to Date of policy. unless a liability or value has otherwise covered hereby or any action assertiag such claim, shall be restricted been agreed upon as to each such parcel by the Camps" and the to the provisions and conditions and stipulations of this policy. insured at the time of the issuance of this policy and shown by an No amendment of or endorsement to this policy can be made except express statement herein or by an endorsement attached hereto. by wridAg endorsed hereon or attached hereto slgtfed by either the t t. wrs.r.M•n BMa poMe v or Manses President. a vice President, the Secretary. an Assistant Secretary, or Whenever the Company shall have settled a claim under this policy, validating officer or authorltsd sigaatory of the Company. ell rigbt of subrogation aball vet in the Company unaffected by any Nuslaaa,where Ilene of the insured claimant. The Company shall be subrogated to and 13. be entitled to all rights and remedies which such insured claimant All noticcs required to be given the Company,and any statement in writing would have had against any person, or prope[ly in respect to such required to be furnished the Company shall be addressed to: Chicago Title claim had this policy not been issued. and if requested by the Com- Insurance Comparry of Oregon, Claims Department, n,.0. Box 218. Portland, parry, such insured claimant shall transfer to the Company all rights Oregon 97207 D O a z Z cn C p -40C . y p r z n a 3 v 0 3 TZO/TZOIn allVDII 10 IIO FfF S Xd ja0l NONNO.L ELLS bLZ Eos$ Lf:9T t6/OZ/OT CITY OF TIGARD, OREGON RESOLUTION NO. 93- 51 A RESOLUTION CONCERNING THE VACATION OF: 1) A PORTION OF SW 79TH AVENUE, BEGINNING WITH THE INTERSECTION OF SW 79TH AND SW PACIFIC HIGHWAY AND CONTINUING TO THE SOUTHEAST TERMINUS OF SW 79TH AVENUE, AND 2) THE SUBDIVISION PLAT OF TWIN OAKS LANE RECORDED IN PLAT BOOR 12 PAGE 18 WASHINGTON COUNTY RECORDS, AND 3) AN UNNAMED 20' WIDE RIGHT-OF-WAY LOCATED IMMEDIATELY TO THE EAST OF SW 79TH AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, this portion of SW 79th Avenue is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, SW 79th Avenue, in the vicinity of the area proposed for vacation is no longer needed; and WHEREAS, the property owner(s) will be required to provide easement(s) for access and any utilities located within the area proposed for vacation; and WHEREAS, the recorded plat of Twin Oaks Lane is no longer needed; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: ( 1) The Tigard City Council initiates a vacation request of a public right-of-way and subdivision plat, and with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings; and (2) A public hearing is hereby called to be held by the City Council on Tuesday, January 25, 1993, 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 right-of-way; and RESOLUTION NO. 93- Page I (3) 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 January 13, 1993 and the final publication to be on January 20, 1993. 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 at or near each end of the area proposed to be vacated; and (4) That the particular portion of granted public right-of-way to be vacated is shown on the attached sheet labeled Exhibit "A" and by reference made a part thereof. PASSED: This day of 1993. ATTEST: Mayor - City of Tigard City Recorder - City of Tigard RESOLUTION NO. 93- Page 2 AGENDA ITEM # I �- For Agenda of November 23, 1993 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE AGENDA TITLE Initiation of Vacation Proceedings fora ortion of SQW. 79th Avenue PREPARED BY: Will D'Andrea DEPT HEAD OK CITY ADMIN 0 " ISSUE BEFORE THE C==-I=L Should the City Council initiate vacation proceedings for: 1) A portion of SW 79th Avenue, beginning with the intersection of SW 79th Avenue and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, and 2 ) an unnamed 20 ' wide right of way located immediately to the east of SW 79th Avenue. STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY Hal Keever, the petitioner, is requesting that City Council initiate vacation proceedings for a portion of the SW 79th Avenue right-of-way as well as an unnamed 20 foot right of way (exhibit A) . The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. Parcels adjacent to the right of way have been optioned for purchase by Costco. There are currently nineteen ( 19) properties which have access to this portion of SW 79th Avenue. The present owners of the parcels along SW 79th Avenue have given petitioner (W&H Pacific, as agent for Costco Wholesale) permission to act as agent for them in this street vacation process and the associated development of the Costco site. The petitioner requests that the street vacation be conditioned upon the approval of the Site Development and Planned Development Review of the proposed store. Appropriate agencies shall be contacted for comments. Attachments: Exhibit A - vicinity map; Exhibit B - applicant's request; OTHER ALTERNATIVES CONSIDERED 1. Delay action until approval of the site plan. FISCAL NOTES All fees have been paid by the applicant. �. � / •�`c� OV+ CITY OF TIGARD, OREGON RESOLUTION NO. 93— A RESOLUTION CONCERNING THE VACATION OF: 1) A PORTION OF SW 79TH AVENUE, BEGINNING WITH THE INTERSECTION OF SW 79TH AND SW PACIFIC HIGHWAY AND CONTINUING TO THE SOUTHEAST TERMINUS OF SW 79TH AVENUE, AND 2) AN UNNAMED 201 WIDE RIGHT-OF-WAY LOCATED IMMEDIATELY TO THE EAST OF SW 79TH AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, this portion of SW 79th Avenue is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, SW 79th Avenue, in the vicinity of the area proposed for vacation is no longer needed; and WHEREAS, the property owner(s) will be required to provide easement(s) for access and any utilities located within the area proposed for vacation; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) 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 (2) A public hearing is hereby called to be held by the City Council on Tuesday, January 25, 1993 , 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 right-of-way; and (3) 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 January 13, 1993 and the final publication to be on January 20, 1993. 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 at or near each end of the area proposed to be vacated; and RESOLUTION NO. 93- Page 1 (4) That the particular portion of granted public right-of-way to be vacated is shown on the attached sheet labeled Exhibit "A" and by reference made a part thereof. PASSED: This day of , 1993 . ATTEST: Mayor - City of Tigard City Recorder - City of Tigard RESOLUTION NO. 93- Page 2 �Ctf td/7' A I �A Ncc _ a~i G co � �\ _ 4J Q (S.W. to PFAFFL� H N ST. ,`I Ll I QPL IE.3 tt. � t / • ` ; PU 1 V R�OWAY � 1 a '�� ► 1 SA \N g6A SDUVALL a'TREET YK Ls osF Gb \\ •- o ,oq 9 r 3 ---- o : -- -- c PARK /1 GARCC CL c 217 HEP•goSo eYAY E HiL LEWIS i ELEMENTARY sr EXN151T B PACIFIC 8405 S.W.Nimbus Avenue P.O.Box 80040 j Portland,OR 97280 NOTICE OF INTENT TO VACATE S.W. 79TH AND AN UN-NAMED RIGHT OF WAY IMMEDIATELY EAST OF 79TH 10/8193 To: City Recorder City of Tigard Costco Wholesale, acting as agent for owners of the property identified on Tax Map IS 1 36CD, 2S1 1BB, and 2S1 IBA, and having said property under option for purchase, do hereby file notice of intent to vacate a portion of S.W. 79th Avenue in the City of Tigard and an unnamed 20' wide right of way located immediately to the east of 79th Street shown in yellow on the attached tax map. The street and right of way vacation would encompass all street, right of way, and utilities within the 79th,&treet right of way from a point parallel to the right of way edge for 1 the Pacific Highway adjacent to 79th Street and the un-named 20' wide right of way. +� The vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store to be located on a part of that right of way and the adjacent residential parcels which have been optioned for purchase by Costco Wholesale. With the exception of sanitary sewer, the existing utilities within the 79th Street right of way would be removed up to a line perpendicular to the intersection of the 79th Street right of way and the right of way for the Pacific Highway. The sanitary sewer would be relocated to run along the west boundary of the lots adjacent to the existing 79th Street. J Costco Wholesale requests that the street vacatibn be conditioned upon the approval of the Site Development and Planned Development Reviews of the proposed store development In addition, the present owners of the parcels along 79th Street have given W&H Pacific, as agent for Costco Wholesale, permission to act as agent for them in this street vacation process and the associated development of the Costco site. A copy of their signed Development Application Authorizations are included with this notice of intent Attached is the $300.00 application fee required by Tigard Municipal Code 15.08.160,- Please 5.013.160:Please feel free to contact me at 626-0455 if you have any questions or need additional information in processing this street vacation. Sincerely, W HP ' ic Keever i (503)626-0455 Fax(503)526-0775 Planning•Engineering•Surveying•Landscape Architecture•Environmental Services 7. VACATION OF A PORTION OF S.W. 79TH AVENUE, AN UNNAMED 20-FOOT WIDE RIGHT-OF-WAY EAST OF S.W. 79TH AVENUE, AND THE SUBDIVISION PLAT TWIN OAKS LANE. The request was initiated by the City of Tigard Council on November 23, 1993, on behalf of Hal Keever of W&H Pacific for Costco Wholesale. a. Public hearing was opened. b. There were no declarations or challenges. C. Community Development Director Murphy advised staff was recommending this hearing be set over to February 8, 1994, to cure problems with newspaper publication for this hearing item. d. Motion by Councilor Schwartz, seconded by Councilor Fessler, to continue this hearing to the February 8, 1994 City Council meeting. The motion was approved by a unanimous vote of Council present. (Mayor Edwards and Councilors Fessler, Hawley, Hunt and Schwartz voted yes. ) 8. NON-AGENDA ITEMS - None 9. EXECUTIVE SESSION: Cancelled. 6. ADJOURNMENT: 8:20 p.m. At/tes erine Wheatley, City R order yor, its of Yrigaid Date: -:2 /�IC� =0125.94 CITY COUNCIL MEETING MINUTES - JANUARY 25, 1994 - PAGE 8 AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, �1V1 ' LL�b , being first duly sworn/affirm, on oath depose and say: (Please print) �( That I am a � �(( 1� L 7tLti for The City of Tigard, Oregon. 'That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer __LZ Tigard City Council A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked Exhibit "A") was mailed to each named persons at thp addre- Q_s shown on the attached list marked exhibit "B" on the day of libt Mf- 19 said notice NOTICE OF DECISION as hereto attached, was posted on an appropriate bulletin board on the day of , 19 and deposited in the United States Mail on the tI� day of _„ ' FPdL� 19 , postage prepaid. �-MAMA 0 1ll.UUatV- - P pared Notice Subscribed and sworn/affirm to me on the 1 7 day of J , NOTARY PUBLIC OF OREGON My Commission Expires: -�. 9 N O T I C E O F R I G H T - O F - W A Y A N D S U B D I V I S I O N P L A T V A C A T I O N NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT ITS MEETING ON TUESDAY, January 25, 1994 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BLVD. , TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: W & H Pacific/79TH Avenue CIT: East APPLICANT: Hal Keever OWNER: Costco Wholesale W & H Pacific 10809 120th Avenue, NE 8405 SW Nimbus Avenue Kirkland, WA 98033 Portland, OR 97280 REQUEST: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION H. KEEVER (CIT: East) A request that the City of Tigard vacate a portion of SW 79th Avenue, an unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. DATE PETITION WAS FILED: October 14, 1993 (See Map On Reverse Side) ANY WRITTEN OBJECTIONS OR REMONSTRANCES SHALL BE FILED WITH THE CITY RECORDER BY JANUARY 25, 1993 BY 7:30 P.M. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TEN CENTS PER PAGE. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 639-4171, EXT. 356 (VOICE) OR 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER Will D'Andrea AT 639-4171, TIGARD CITY HALL, 13125 SW HALL BLVD. , TIGARD, OREGON 97223. s EXff arr A W fii 3 a .W. a3riWoFFL Sr. L11 PL Q /i PU t1?r k R040WAT ; 1 R1 \\� \\\� V(•�� i � - S-� DU VA L L STREET r \ \ > > Ls � r . .+PO Z MOUTH PARK 1 GARCL PC E N 217 i r C HEF..raSO SPAY a0 f / BEVEl.4 tiD � f I iI F ' f HiL LEWIS SFR' Il J , ELEMENTARY j i�1 - r 2S101BC-00103 ..... .. .............. 1S136CD-00100 ..................... TIGARD,�RMF23 MCGRATH, STNALEY R TR AND 13125 SPEDERSEN, FRANCES TR ET AL TIGARD PO BOX 880 SHERWOOD OR 97140 1S136CD-00200 ... .. . . . .. ........ . . . 1S136CD-00300 . . . . . ................ MYERS, MARY JENSINE AND MYERS, MARY JENSINE AND MCGRATH, PIPER ANN & EDWARD S MCGRATH, PIPEI�/ANN & EDWARD S PO BOX 880 PO BOX 880 SHERWOOD OR 97140 SHERWOOD OR 97140 1S136CD-00402 . . . . . . . . . . . .. . .. . . . . . 1S136CD-01000 . . .. . . . ..... ...... ... SORG, ROGER PAUL CHEVRON U S A INC 8121 TAYLORS FERRY RD 575 MARKET ST 1834 PORTLAND OR 97223 SAN F22ANCISCO 94105 1S136CD-01001 .. .... ............... 1S136CD-01100 ................:.... CHEVRON U S A INC MILLAR, TED L/BEACH, JOE F JR TR 575 MARKET ST RM 1834 SWAN, WALTER A JR TR SAN FRANCISCO CA 94105 BY WESTWOOD CORP 3030 SW MOODY AVE PORTLAND OR 97201 1S136CD-01300 ... . .. ............. .. 1S136CD-01900 . .................... MCGRATH, STANLEY ET AL ALEXANDER, JOHN D PO BOX 880 11688 SW PACIFIC HWY SHERWOOD OR 97140 TIGARD OR 97223 1S136CD-02200 1S136CD-02300 ..................... WESTERN-DUFF TIGARD PARTNERS MULFORD, BERTHA C JAMES W 10080 N WOLFE RD STE 310 12900 SW 9TH ST #131 CUPERTINLO CA 95014 BEAVERTON OR 97005 1S136CD-02400 ... .................. 1S136CD-02500 ..................... WILLIAMS, HAROLD 0 GIFFORD, ROSS W AND VIOLET V LESLIE J 11660 SW 79TH 11690 SW 70TH TIGARD OR 97223 TIGARD OR 97223 1S136CD-02600 ... . ... ............. . 1S136CD-02700 ..................... CROOM, GERALD C MARY E KIMBALL, CHARLES 11720 -SW-79TH AVE- - FOX, JOSEPH R --- TIGARD OR 97223 3483 RIVER ROAD NORTH SALEM OR 97303 1S136CD-02800 ... .. ..... ........... 1S136CD-02900 . .................... SCHREINER, FRANK A LEONG, EDWARD K IRENE E LOUISE M 11810 SW 79TH AVE 11780 SW 79TH TIGARD OR 97223 TIGARD OR 97223 1S136CD-03000 ...... .. ............. 1S136CD-03100 ..................... WOODEN, BRUCE A BEVERLY L AUSMANN, RALPH L HELEN R 11850 SW 79TH 11965 SW 79TH TIGARD OR 97223 TIGARD OR 97223 s 1S136CD-03200 ..................... 1S136CD-03300 ..................... WESTERN .- DUFF TIG PARTNERS ANDERSON, HARRY R AGNES E 10080 N WOLFE RD TE 310 11905 -SW 79TH AVE CUPERTINO CA- 014 TIGARD OR 97223 1S136CD-03400 .. .. . . .. .......... ... 1S136CD-03500 ... .................. LEISER, ANN FORD, CHARLES FRED 6009 PENDLETON COURT LINDA FAY PORTLAND OR 97221 11845 SW 79TH PORTLAND OR 97223 1S136CD-03600 .... . . .. .. . .. .. ... . . . 1S136CD-03700 .. . ....... . .......... LEE, CAREY R MORRISON, HOWARD W 11815 SW 79TH MILDRED M TIGARD OR 97223 11785 SW 79TH AVE TIGARD OR 97223 1S136CD-03800 ..................... 1S136CD-03900 ..................... BRAULT, OLIVER J MARY F WESTERN-DUFF TIG PARTNERS 11755 SW 79TH AVE 10080 N WOLFE SUITE 310 TIGARD OR 97223 CUPERTINO CA 95014 1S136CD-04000 .... ... .............. 1S136CD-04100 ........ ............. BOZICH, JEFFREY A JR & CARLA CHURCH, STANLEY AND GLADYS BOZICH, CAREN AND JEFFREY A % GRUNBAUM, HANS H 11695 SW 79TH AVE 11744 SW PACIFIC HWY TIGARD OR 97223 TIGARD OR- 97223 1S136CC-02000 .... ........... ... ... 1S136CC-02100 ..................... BISSETT, LARRY A GRUNBAUM, HANS MARILYN K 10205 NW 107TH AVE 21390 SW EDY RD PORTLAND OR 97231 SHERWOOD OR 97140 _ 2S101BB-01201 .... . .............. .. 2S101BB-01400 ..................... GRUNBAUM, HANS CROW-SPIEKER-HOSFORD #67 21390 SW EDY RD BY SPIEKER PARTNERS SHERWOOD OR�40 PO BOX 5909 PORTLAND OR 97228 2S101BA-00101 .... ................. 2S101BA-00300 ..................... MARTIN, GORDON S ET AL MARTIN, GORDON S AL 8 MARTIN, GORDON RICHARD % MARTIN, GO N R 12265 SW 72ND AVE 12265 SW 7 TIGARD OR 97223 TIGARD OR 97223 2S101BD-00100 ....... .............. 2S101BD-00200 ...... ............... VANGORDON, DORIS KLOKKE CORPORATION GERLACH, ETHEL E PO BOX 1069 HUNZIKER, EDWARD R TUALATIN OR 97062 14430 SW 94TH CT TIGARD OR 97224 2S101BD-00104 .... ................. 2S101BD-00301 ..................... EAST SIDE VAN AND STORAGE LOSLI, ELIZABETH A TRUSTEE ET AL INC % EAST SIDE VAN & STORAGE 4836 SE POWELL 7635 ARBOR LAKE CT PORTLAND OR 97206 WILSONVILLE OR 97070 M 2S101BD-00302 .................. TIGARD, CITY OF HAL KEEVER 13125 SW HALL W & H PACIFIC TIGARD OR 972 3 8405 SW NIMBUS AVE PORTLAND OR 97280 COSTCO WHOLESALE 10809 120TH AVE NE KIRKLAND WA 98033 JOEL STEVENS 9660 SW VENTURA CT TIGARD OR 97223 RECEIVED PLANNING REQUEST FOR COMMENTS JAN 11. 199r� /2C7L� _ DATE: December 14, 1993 TO: FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, and meal es"%ai:e services, :;PP-:; t services, general retail sales, and eating and drinking establishments among other uses. Attached is the site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Dec. 24, 1993. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PL ASE CHUCK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: 6-D3 — &39-0 6, 3 Uregon January 7, 1994 RECEIVED PLANNING DEPARTMENT OF I TRANSPORTATION William D'Andrea Highway Division Tigard Planning Department 13125 SW Hall Blvd. Region I Tigard, OR 97223 FILE CODE: ROW ODOT does object to vacating the 60-foot-wide, trapezoidal-shaped piece of property lying between the state right-of-way for the Beaverton-Tigard Highway and 79th Avenue. This is the area shown to be vacated on the attached map. Future improvements of the Beaverton-Tigard Highway may require a portion of this parcel for widening and for use in the treatment of storm water runoff before the water is released into the natural drainage system. ODOT does not have any objection to the right-of-way vacation for the 20-foot- wide strip along 79th Avenue. Please call me at 731-8238 if you have any questions. Ted . Keasey, PE, KS Project Team Manager cc: Jef Kaiser Walt Bartel Rod Bliss tptkoto7 9002 SE McLoughlin Milwaukie, OR 97222 (503) 653-3090 FAX (503) 653-3267 734-1850(Rev.3-91) l REQUEST FOR COMMENTS U TO: A\Z DATE: Ru H1, I0RH FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus Of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by TRn la , 1°Cii . You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd. , Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _— We-have-reviewed-the-proposal--.ixgL have no nhiectinna t0 it. Please contact of our office. V Please refer to the enclosed letter. Written Comments: Name of Person Commenting: r� � Phone Number: 7.� l- 9.0 3 ra RECEIVED PLANNING REQUEST FOR COMMENTS DEC 21 1993 TO: �� �_/mak �� u - ��� DATE: December 14, 1993 IJ �9 FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and zeal estate services, business support services, general retail sales, and eating and drinking estsoiislunants among other uses. Attached is the site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Dec. 24, 1993. You may use the space provided belovy or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd. , Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PLEASE CHUCK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: A EASE Ak-TE T,ch4T" Tbf/S iS /A/ IR 71-;,#i,,47-,2J Name of Person Commenting: /V/i/,,wg— A1AZ62 r 152. 6,6� hA441-y'S7-- Phone Number: (D /-J - REQUEST FOR COMMENTS TO: y,411 c-v Lj,+-T(5fz DISTRICT-DATE: _ FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by , You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd. , Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: RECEIVED PLANNING REQUEST FOR COMMENTS TO: Y11, I � ��'P�L(_C" �, DATE: December 14, 1993 1 � S FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, fin-.^r_'_:1 , -;—urar_ce, and real estate ser-i-7 h114 tress suppnY'i" services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Dec. 24, 1993. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd. , Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: A A Go.p!/ yG [JSP-s S y:S=9 1AA2 ARL Zh4t5 ARZA Name of Person Commenting: (/ tl�IL�.�6id,R- ���.t1• Phone Number: 6 4,,00-v S.M. _ Sir�i• ST F.�r:1f2 ,, I. � E `� TYraT D 9 rMmD _ 1 v I eo' 05/�q��, ,..I ' � ooze m DT o0 �' .:• ' � �I - �_� D5 A .. 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P AFF ST. rue OD, DI � 1000 600 Soo Y0l 700 700 100 9T 1 moo \ �l ___� 100 /00 1500 w01 _�. 1600 `I� I 1601 I I LO-14 / Bim'` a 1700 �9 �o t a rc � \ - / S.M.DUVALL SL yyi ' ,Yiq zrm N 1100 A / 7YCV 10l 1 � 1 SEE MAP 4121 -- - _ SEWER LINE LEGENDY700 TAN LOT NUMBER ONTO...... ' E!T(E„E,N MANHOLE UNIFIED SEWERAGE SYSTEM MAP --- L1 .TI 640 NER LINE B CLEANOUT AGENCY TI2E.i TV!(DINER THAN(ON(RE TE), TLOEC,I ENiiTN ANO FLI' 2 MANHOLE NUMBER AND DEPTH U ®YrEBE OF OUAnRTER SECTION D STANCE- �Db �ID4NE'PtT0 051DOWNSTREAM Ek NEVEPAMMN 25 PUMP STATION IYEENMIwCNIINTABEIMT 'V I 36C NILL�BOR;'ROREo N 97123 SANITARY SEWER I' ` -'. 'I��":'I.IIII'II I I"'.•'I''.II;IIIIIIIIIII'.!IIIIIIIII Ili�lillllll.l'';�1'III;�II IIIIIII�III II�IIII IIIIIti1111lI III II lII11111i11111I'IIIIIIIIIIIIIRIIIIIIIII�III Ii I!�Ilii:liltl llJ1111111"I�IIIIIII�1IIIIIfI111�11I1111(I�IIIII II Ii�1I III I�Ifilll 11 i II'�Illlli II�III;IIIIi1llillll I I,'�',I"'ll '- � I" .!L.tt it_171 A•w.ae,n .r.s .r.o r n . w �I�A�I.rtLr/:.�S.r+ n.n.e.�e .i.w n.a.n.il.w.w� !.��1.64rIL.r0+1�ak1 1.M!IJI..A.3l:4 s1..La1La71.l�I..e!I Ins il.a+l.. * ♦ • r a 4 } y i •7& RECEIVED pL41VNING REQUEST FOR COMMENTS IFS.'l 7 199 TO: � � �� ��.hl� -��� Ie At ' ( DATE: December 14, 1993 FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, ftnancial. insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments And agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Dec. 24, 1993. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd. , Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: F C) j� REQUEST FOR COMMENTS TO: C 1���YG �'!I L- 1 t_ DATE: December 14, 1993 FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page IS Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Dec. 24, 1993. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd. , Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: �r We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: 4 J-10 REQUEST FOR COMMENTS TO: �(l- ��(, C>YI �2 DATE: December 14, 1993 FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Dec. 24, 1993. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: REQUEST FOR COMMENTS TO: +'JD DATE: December 14, 1993 FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Dec. 24, 1993. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd. , Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: ti Phone Number: ��. REQUEST FOR COMMENTS TO: \�- t ���1 (�V` ��7 �rc{(`G� DATE: December 14, 1993 FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, in .ici a 1, insuranc:e`, and real e'_ta}_ex cr_+.r -i!�^ biis i ne4a 9',1r r,rt services, general retail sales, and eating and drinking establishments among other uses. Attached is the site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Dec. 24, 1993. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd. , Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: � 1 ,n Name of Person Commenting: 41 A L)A Phone Number: c5243-141'17 wuF �/ V 1 REQUEST FOR COMMENTS TO: 1&f DATE: December 14, 1993 i FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Dec. 24, 1993. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commentin ` Phone Number: J �� PROPOSAL DESCRIPTION FILE TITLE: W&H Pacific/S.W. .79th CIT: East APPLICANT: Hal Keever/ W&H Pacific OWNER: Costco Wholesale 8405 S.W. Nimbus Avenue 10809 120th Avenue,N.E. Portland, OR 97280 Kirkland, WA 98033 REQUEST: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION H. KEEVER (CIT: East) A request that the City of Tigard vacate a portion of S.W. 79th Avenue, an unnamed 20' wide right-of-way, and the subdivision plat Twin Oaks Lane. ZONE: C-G (General Commercial) . The General Commercial zone allows Public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. LOCATION: A portion of S.W. 79th Avenue, beginning with the intersection of S.W. 79th and S.W. Pacific Highway and continuing to the southeast terminus of S.W. 79th Avenue, an unnamed 20' wide right-of-way located immediately to the east of S.W. 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. DATE PETITION WAS FILED: October 15, 1993 CIT: East CIT FACILITATOR: Joel Stevens CHECK ALL WHICH APPLY: STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: HEARINGS OFFICER DATE OF HEARING: TIME: X CITY COUNCIL DATE OF HEARING: I TIME:7:30 p.m. THE FOLLOWING ATTACHMENTS ARE AVAILABLE FOR VIEWING IN THE PLANNING DIVISION: X VICINITY MAP LANDSCAPING PLAN X NARRATIVE ARCHITECTURAL PLAN X SITE PLAN OTHER• STAFF CONTACT: William D'Andrea Creative Solutions ... Superior Service RECEIVED PLANNING i PACIFIC -I T .L , 8405 S.W.Nimbus Ave. ,93 P.O. Box 80040 (503)626-0455 •Planning •Surveying 0 Environmental Portland,OR 97280 Fax(503)526-0775 •Engineering •Landscape Architecture Services To: L.r` /c � �Lr�2� Date: L{ c ��i Project Number: Project Name: C_usk& Regarding: PLEASE NOTIFY US IMMEDIATELY AT (503)626-0455 IF THERE ARE ANY (� " PROBLEMS RECEIVING THIS TRANSMISSION We Are Sending: These Are Transmitted: Copied To: [Attached For Your Info/File —_ ❑ Facsimile As Requested Number Of Pages Including Cover For Review And Comment El - Copies Description - - 117 Comments Signed � r� �( I PACIFIC 8405 S.W.Nimbus Avenue P.O.Box 80040 Portland,OR 97280 NOTICE OF INTENT TO VACATE S.W. 79TH AND AN UN-NAMED RIGHT OF WAY EMA IEDIATELY EAST OF 79TH 10/8/93 To: City Recorder City of Tigard Costco Wholesale, acting as agent for owners of the property identified on Tax Map 1S1 36CD, 2S1 IBB, and 2S1 1BA, and having said property under option for purchase, do hereby file notice of intent to vacate a portion of S.W. 79th Avenue in the City of Tigard and an unnamed 20' wide right of way located immediately to the east of 79th Street shown cross-hatched on the attached tax map. The street and right of way vacation would encompass all street, right of way, and utilities within the 79th Street right of way from a point parallel to the right of way edge for the Pacific Highway adjacent to 79th Street and the tin-named 20' wide right of way. The vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store to be located on a part of that right of way and the adjacent residential parcels which have been optioned for purchase by Costco Wholesale. With the exception of sanitary sewer, the existing utilities within the 79th Street right of way would be removed up to a line perpendicular to the intersection of the 79th Street right of way and the right of way for the Pacific Highway. The sanitary sewer would be relocated to run along the west boundary of the lots adjacent to the existing 79th Street. Costco Wholesale requests that the street vacation be conditioned upon the approval of the Site Development and Planned Development Reviews of the proposed store development. In addition, the present owners of the parcels along 79th Street have given W&H Pacific, as agent for Costco Wholesale, permission to act as agent for them in this street vacation process and the associated development of the Costco site. A copy of their signed Development Application Authorizations are included with this notice of intent. Attached is the $300.00 application fee required by Tigard Municipal Code 15.08.160. Please feel free to contact me at 626-0455 if you have any questions or need additional information in processing this street vacation. Sincerely, W&H Pacific 44d'; 6Xf__' Hal Keever (503)626-0455 Fax(503)526-0775 Planning•Engineering•Surveying•Landscape Architecture•Environmental Services I PACIFIC 8405 S.W.Nimbus Avenue P.O.Box 80040 Portland,OR 97280 NOTICE OF INTENT TO VACATE S.W. 79TH AND AN UN-NAMED RIGHT OF WAY IMMEDIATELY EAST OF 79TH 10/8/93 To: City Recorder City of Tigard Costco Wholesale, acting as agent for owners of the property identified on Tax Map 1S1 36CD, 2S 1 1BB, and 2S1 1BA, and having said property under option for purchase, do hereby file notice of intent to vacate a portion of S.W. 79th Avenue in the City of Tigard and an unnamed 20' wide right of way located immediately to the east of 79th Street shown in yellow on the attached tax map. The street and right of way vacation would encompass all street, right of way, and utilities within the 79th Street right of way from a point parallel to the right of way edge for the Pacific Highway adjacent to 79th Street and the un-named 20' wide right of way. The vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store to be located on a part of that right of way and the adjacent residential parcels which have been optioned for purchase by Costco Wholesale. With the exception of sanitary sewer, the existing utilities within the 79th Street right of way would be removed up to a line perpendicular to the intersection of the 79th Street right of way and the right of way for the Pacific Highway. The sanitary sewer would be relocated to run along the west boundary of the lots adjacent to the existing 79th Street. Costco Wholesale requests that the street vacation be conditioned upon the approval of the Site Development and Planned Development Reviews of the proposed store development. In addition, the present owners of the parcels along 79th Street have given W&H Pacific, as agent for Costco Wholesale, permission to act as agent for them in this street vacation process and the associated development of the Costco site. A copy of their signed Development Application Authorizations are included with this notice of intent. Attached is the $300.00 application fee required by Tigard Municipal Code 15.08.160, Please feel free to contact me at 626-0455 if you have any questions or need additional information in processing this street vacation. Sincerely, JHis ver (503)626-0455 Fax(503)526-0775 Planning•Engineering•Surveying•Landscape Architecture•Environmental Services JAN-25-194 10:10 ID: 'i PACIFIC - PDX TEL NO:5032, ;07 t#195 P01 JAN-24-19994 16227 FROM WESTERN 1NVEST11T MGMT CO TO HAL KEEVER P.91 • s ti DEVELOPMF.I`1T APPLICATION AUTHORIZATION September 23, 1993 Y,Western-Duff Tigard Partners,a California general partnership,property owner of Tax Lots 3200 and 3900 on S.W.79th Avenue,authorize W&H Pacific to act as my agont for any and all devclopment applications in connection with site development review,plan development review; and stm t vacation for commercial retail use. U llltlL'r' 2 0 ) eary G, in ,Jr. axles L. Marsh,7r_ General General Partner L Post-ft-brand fax transmittal memo 7M Nap,y.s► • rroom Co. ' —r Co. 11 [. WM K DEVELOPMENT APPLICATION AuTH6RIZATION 3 Dat 1, 602--61a f'��YYa^j , property owner of /11b C') S.W. 79th Avenue, authorize W&H Pacific to act as my agent for any and all development applications in connection with site development review, plan development review, and street vacation for commercial retail use. Owner Owner � a 3p0 ECH WE SEP 17 1993 W & H Pacific, ;f;G. DEVELOPMENT APPLICATION AUTHORIZATION T, Date property owner of %/ G �� S. W. 79th Avenue, authorize W&H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review, and street vacation for commercial retail use. Owner Owner d�ib� OCT-04-1993 1G " FROM QUHL MEDS IhJC. TO 952-100 5 P.021 e DEVELOPMENT APPLICATION AUTHORIZATION owe 9 73 D 20puVerty owner of /�S•W. 79th Avenue, authorize W&H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review,and street vacation for commercial retail use. Owaer owner a�00 ry ji SEP 1-( 1993 & Hpacific, f I t DEVELOPMENT APPLICATION AUTHORIZATION / �� /r!� Date �►�Q,/cf C' Room I'�f��u t= C R,-) ,property owner of P-7,2 o S. W. 79th Avenue, authorize W&H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review, and street vacation for commercial retail use. Owner Owner a�oo i Fit tic, inc. s J DEVELOPMENT APPLICATION AUTHORIZATION Date 1 Joseph R. Fox & Chuck Kimball ,property owner of 11750 S.W. 79th Avenue,authorize W&H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review, and street vacation for commercial retail use. owner er a�d� SEP1993 H Pacific, inc. DEVELOPMENT APPLICATION AUTHORIZATION Date property owner of �c)S. W. 79th P Perty ��--- Avenue, authorize W &H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review, and street vacation for commercial retail use. Owner Owner r i DEVELOPMENT APPLICATION AUTHORIZATION Date property owner of S. W. 79th I Avenue, authorize W &H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review, and street vacation for commercial retail use. Owner Owner DEVELOPMENT APPLICATION AUTHORIZATION Date property owner of S. W. 79th 4, venu e, authorize W&H Pacific to act as my agent for any and all deve opment applications in connection with site development review,plan development review, and street vacation for commercial retail use. Owner owner �� oC� a DEVELOPMENT APPLICATION AUTHORIZATION � - y-- y.3 Date I11117/�/9i� 0�, �1����,. ,� ,property owner of // S.W. 79th Avenue, authorize W&H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review,and street vacation for commercial retail use. Owner Owner 300 E6 SEP 17 1993 & H Pacific, �olc, DEVELOPMENT APPLICATION AUTHORIZATION Date property owner of/ "-� S. W. 79th L Avenue,authorize W&H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review, and street vacation for commercial retail use. Owner wner ��oo 1993 P;q C' DEVELOPMENT APPLICATION AUTHORIZATION 17 Date property owner of//_�7-�'S. W. 79th Avenue, authorize W &H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review, and street vacation for commercial retail use. Owner Owner 3 LA F P in C, DEVELOPMENT APPLICATION AUTHORIZATION q -ate(- �� Dift property owner of S. W. 79th Avenue, authorize W&H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review, and street vacation for commercial retail use. owner Owner ,35C)C-) DEVELOPMENT APPLICATION AUTHORIZATION Date property owner ofS. W. 79th Avenue, authorize W&H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review, and street vacation for commercial retail use. O Owner 3(,00 !4 11993 I!,C SC; DEVELOPMENT APPLICATION AUTHORIZATION Date I �kk T-� property owner of-a,815" S. W. 79th Avenue, authorize W&H Pacific to act as.my agent for any and all development applications in connection with site development review, plan development review, and street vacation for commercial retail use. �i 8u�iii 1N G��1��''�- ��0�-�-`� �'rl.. Owner owner Kf SEP DEVELOPMENT APPLICATION AUTHORIZATION E Date J , ,�g -IL A_ I , Property owner of-IL 5- S. W. 79th Avenue, authorize W&H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review, and street vacation for commercial retail use. Owner Owner 3800 1993 DEVELOPMENT APPLICATION AUTHORIZATION Date i16? �Gr Ia e)I;-' i G , property owner of 0,41T_S. W. 79th Avenue, authorize W&H Pacific to act as my agent for any and all development applications in connection with site development review,plan development review, and street vacation for commercial retail use. Owner Owner 4000 e t DEVELOPMENT APPLICATION AUTHORIZATION Date ;G� IJ property owne' f S. W. 79th Avenue, authorize W&H Pacific to act as my agent for any and al development applications in connection with site development review,plan development review, and street vacation for commercial retail use. tWWl Owner owner - ; - EXtf1ei7- A r c w 3 � �. aq To FAFFL£AD � :ST_ Q 000 13 rro40wAr ` t -ro ' t Ls sw DUVAI.L STREET Ls a M0UTH - t7-- PARK -PARK ;pfto-14 CL • c N z�T � L ( ' , Aoso MAY a� j I BEVFt-4hD f f HiL LEWIS ELEMENTAR . I s` 1S136CD-03200 . . . . . . . . . . . . . . . . . . . . . 7 d 1S136CD-03300 . . . . . . . . . . . . . . . . . . . . . WESTERN - DUFF TIGARD PARTNERS v ANDERSON, HARRY R AGNES E 10080 N WOLFE RD STE 310 11905 SW 79TH AVE CUPERTINO CA 95014 TIGARD OR 97223 d 1S136CD-03400 . . . . . . . . . . . . . . . . . . . . . 0 1S136CD-03500 . . . . . . . . . . . . . . . . . . . . . LEISER, ANN FORD, CHARLES FRED 6009 PENDLETON COURT LINDA FAY PORTLAND OR 97221 11845 SW 79TH PORTLAND OR 97223 1S136CD-03600 . . . . . . . . . . . . . . . . . . . . . y 1S136CD-03700 . . . . . . . . . . . . . . . . . . .. . LEE, CAREY R MORRISON, HOWARD W 11815 SW 79TH MILDRED M TIGARD OR 97223 11785 SW 79TH AVE TIGARD OR 97223 1S136CD-03800 . . . . . . . . . . . . . . . . . . . . . 1S136CD-03900 . . . . . . . . . . . . . . . . . . . . . � BRAULT, OLIVER J MARY F WESTERN-DUFF TIGARD PARTNERS 11755 SW 79TH AVE 10080 N WOLFE RD SUITE 310 TIGARD OR 97223 CUPERTINO CA 95014 • 1S136CD-04000 . . . . . . . . . . . . . . . . . . . . . • 1S136CD-04100 . . . . . . . . . . . . . . . . . . . . . i BOZICH, JEFFREY A JR & CARLA CHURCH, STANLEY AND GLADYS BOZICH, CAREN AND JEFFREY A L; GRUNBAUM, HANS H 11695 SW 79TH AVE 11744 SW PACIFIC HWY TIGARD OR 97223 TIGARD OR 97223 1S136CC-02000 . . . . . . . . . . . . . . . . . . . . . 1S136CC-02100 . . . . . . . . . . . . . . . . . . .. . BISSETT, LARRY A GRUNBAUM, HANS MARILYN K 10205 NW 107TH AVE 21390 SW EDY RD PORTLAND OR 97231 SHERWOOD OR 97140 2S101BB-01201 . . . . . . . . . . . . . . . . . . . . . 2S101BB-01400 . . . . . . . . . . . . . . . . . . . .. GRUNBAUM, HANS CROW-SPIEKER-HOSFORD #67 21390 SW EDY RD BY SPIEKER PARTNERS SHERWOOD OR 97140 PO BOX 5909 PORTLAND OR 97228 2S101BA-00101 . . . . . . . . . . . . . . . . . . . . . 2S101BA-00300 . . . . . . . . . . . . . . . . . . .. . MARTIN, GORDON S ET AL MARTIN, GORDON S ET AL % MARTIN, GORDON RICHARD % MARTIN, GORDON R 12265 SW 72ND AVE 12265 SW 72ND TIGARD OR 97223 TIGARD OR 97223 2S101BD-00100 . . . . . . . . . . . . . . . . . . . . . 2S101BD-00200 . . . . . . . . . . . . . . . . . . . . . VANGORDON, DORIS KLOKKE CORPORATION GERLACH, ETHEL E PO BOX 1069 HUNZIKER, EDWARD R TUALATIN OR 97062 14430 SW 94TH CT TIGARD OR 97224 2S101BD-00104 . . . . . . . . . . . . . . . . . . . . . 2S101BD-00301 . . . . . . . . . . . . . . . . . . . . . EAST SIDE VAN AND STORAGE LOSLI, ELIZABETH A TRUSTEE ET AL INC % EAST SIDE VAN & STORAGE 4836 SE POWELL 7635 ARBOR LAKE CT PORTLAND OR 97206 WILSONVILLE OR 97070 2S101BC-00103 . . . . . . . . . . . . . . . . . . . . . 1S136CD-00100 . . . . . . . . . . . . . . . . . . . . . TIGARD, CITY OF MCGRATH, STNALEY R TR AND 13125 SW HALL PEDERSEN, FRANCES TR ET AL TIGARD OR 97223 PO BOX 880 SHERWOOD OR 97140 1S136CD-00200 . . . . . . . . . . . . . . . . . . . . . 1S136CD-00300 . . . . . . . . . . . . . . . . . .. . . MYERS, MARY JENSINE AND MYERS, MARY JENSINE AND MCGRATH, PIPER ANN & EDWARD S MCGRATH, PIPER ANN & EDWARD S PO BOX 880 PO BOX 880 SHERWOOD OR 97140 SHERWOOD OR 97140 1S136CD-00402 . . . . . . . . . . . . . . . . . . . . . 1S136CD-01000 . . . . . . . . . . . . . . . . . . . . . SORG, ROGER PAUL CHEVRON U S A INC 8121 TAYLORS FERRY RD 575 MARKET ST RM 1834 PORTLAND OR 97223 SAN FRANCISCO CA 94105 1S136CD-01001 . . . . . . . . . . . . . . . . . . . . . 1S136CD-01100 . . . . . . . . . . . . . . . . . . . . . CHEVRON U S A INC MILLAR, TED L/BEACH, JOE F JR TR 575 MARKET ST RM 1834 SWAN, WALTER A JR TR SAN FRANCISCO CA 94105 BY WESTWOOD CORP 3030 SW MOODY AVE PORTLAND OR 97201 1S136CD-01300 . . . . . . . . . . . . . . . . . . . . . 1S136CD-01900 . . . . . . . . . . . . . . . . . . . . . MCGRATH, STANLEY ET AL ALEXANDER, JOHN D PO BOX 880 11688 SW PACIFIC HWY SHERWOOD OR 97140 TIGARD OR 97223 1S136CD-02200 . . . . . . . . . . . . . . . . . . . . . 1S136CD-02300 . . . . . . . . . . . . . . . . . . . . . 7 G WESTERN-DUFF TIGARD PARTNERS MULFORD, BERTHA C JAMES W 10080 N WOLFE RD STE 310 12900 SW 9TH ST #131 CUPERTINO CA 95014 BEAVERTON OR 97005 1S136CD-02400 . . . 1S136CD-02500 . . . . . . . . . . . . . . . . . . . . . WILLIAMS, HAROLD 0 GIFFORD, ROSS W AND VIOLET V LESLIE J 11660 SW 79TH 11690 SW 70TH TIGARD OR 97223 TIGARD OR 97223 • 1S136CD-02600 . . . . . . . . . . . . . . . . . . . . . ' 1S136CD-02700 . . . . . . . . . . . . . . . . . . . . . CROOM, GERALD C MARY E KIMBALL, CHARLES 11720 SW 79TH AVE FOX, JOSEPH R TIGARD OR 97223 3483 RIVER ROAD NORTH SALEM OR 97303 % lS136CD-02800 . . . . . . . . . . . . . . . . . . . . . 1S136CD-02900 . . . . . . . . . . . . . . . . . . . . . SCHREINER, FRANK A LEONG, EDWARD K IRENE E LOUISE M 11810 SW 79TH AVE 11780 SW 79TH TIGARD OR 97223 TIGARD OR 97223 i 1S136CD-03000 . . . . . . . . . . . . . . . . . . . . . 1S136CD-03100 . . . . . . . . . . . . . . . . . . . . . WOODEN, BRUCE A BEVERLY L AUSMANN, RALPH L HELEN R 11850 SW 79TH 11965 SW 79TH TIGARD OR 97223 TIGARD OR 97223 2S101BD-00302 . . . . . . . . . . . . . . . . . . . . . TIGARD, CITY OF 13125 SW HALL TIGARD OR 97223 REQUEST FOR COMMENTS TO: �( y4� DATE: December 14 1993 FROM: Tigard Planning Department RE: RIGHT-OF-WAY AND SUBDIVISION PLAT VACATION (CIT: East) LOCATION: A portion of SW 79th Avenue, beginning with the intersection of SW 79th and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, an unnamed 20 foot wide right-of-way located immediately to the east of SW 79th Avenue, and the subdivision plat of Twin Oaks Lane recorded in Plat Book 12 Page 18 Washington County Records. A request that the City of Tigrd vacate a portion of SW 79th Avenue, and unnamed 20 foot wide right-of-way, and the subdivision plat Twin Oaks Lane. The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. ZONE: C-G (General Commercial) The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Dec. 24, 1993. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd. , Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: William D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: NOTIFICATION LIST FOR ALL APPLICATIONS 1. NPO NO. (2) espies I,,- 2. CITY DEPARTMENTS �- Building Official/Dave s. Parks i Recreation Board Police City Recorder ✓Field Operations �'1ngineering/Chris D. Permits Facilitatortviola 6. 3. SPECIAL DISTRICTS 4/Fire District _ School Dist No. 48 (Pick-up box) (Beaverton) Joy Pahl PO Boo[ 200 Beaverton, OR 97075 P" Tigard Water District School Dist. 23J 8777 SW Burnham St. (Tigard) Tigard, OR 97223 13137 SW Pacific Hwy. Tigard, OR 97223 _ Tualatin Valley Water District it Unified Sewerage Agency/SWM Program 6501 SW Taylors Ferry Rd. 155 N. First St. Tigard, OR 97223 Hillsboro, OR 97124 4. AFFECTED JURISDICTIONS Wash. Co. Land Use i Transp. _ Boundary Commission 150 N. First Ave. 320 SW Stark Room 530 Hillsboro, OR 97124 Portland, OR 97204 Brant Curtis Kevin Martin METRO - GREENSPACES PROGRAM Mike Borresou Mel Buie (CPA's/ZOA's) —_ Scott King 600 NE Grand Fred Eberle Portland, OR 97232-2736 _ DLCD (CPA's/Zoals) _ City of Beaverton 1175 Court St. NE Jia Hendryx - Principal Planner Salm, OR 97310-0590 PO Boat 4755 Beaverton, OR 97076 Other City of King City _ City of Durham City Manager City Manager j 15300 SW 116th PO Box 23483-3483 {1 King City, OR 97224 Tigard, OR 97224 { City of Lake Oswego City of Portland City Manager Planning Director 380 SW A 1120 SW 5th Lake Oswego, OR 97034 Portland, OR 97204 Stats Highway Division _ZODOT Bob Doran Lidwien Rahman PO Bar 25412 9002 BE McLoughlin Blvd. Portland, OR 97225-0412 Milwaukie, OR 97222 \' R �— City of Tualatin PO Boat 369 Tualatin, OR 97062 5. SPECIAL AGENCIES General Telephone _Portland General Elea. Engineering Office Brian Moore PO Boat 23416 14655 SW Old Scholls Fry. '/gigard, OR 97281-3416 Beaverton, OR 97007 y NW Natural ran Metro Area Communications Scott Palmer Jason Hewitt 220 NW Second Ave. Twin Oaks Technology Center „Portland, OregonOR 97209 1815 NW 169th Place 5-6020 ✓f Beaverton, OR 97006-4886 TCI Cablevision of orego Mike Hallock _✓Us West 3500 SW Bond St. Pete Nelson Portland, OR 97201 421 SW Oak St. Portland, OR 97204 Columbia Cable (Frank Stone) 14200 SW Brigadoon Ct. _ Tri-Met Transit Dew. Beaverton, OR 97005 Kim Knout 4012 SE 17th Ave. 6. STATE AGENCIES Portland, OR 97202 Aeronautics Div. (ODOT) DOGAMI Division of State Lands Commerce Dept. - M.H. Park OTHER Fish i Wildlife PUC Dept. of Environ. Quality 7. FEDERAL AGENCIES Corps. of Engineers _ Post Office e. OTHER _ Southern Pacific Transportation Company Duane M. Forney, PLS - Project Engineer 800 NW 6th Avenue, B. 324,.Union Station Portland, OR 97209'