VAC1975-00002 AAW-
February 5, 1975 1
Calvin United Presbyterian Church
10445 S. T. Canterbury Vane
Tigard, Oregon 97223
Attn: /1s. Katherine H. O'Neil
Subject: Street Vacation
. "W. Canterbury Lane
Dear Kathy:'
In early 1973, the Tigard City Council considered and
denied without prejudice your request for vacating a
dedicated roadway between the Caliway and Church prorerty.
At that time, the church deposited ";100.00, of
° 33.33 tias spent farublicaticn in tr e Tia,rd Time:.,
leaving a balance of ..66.67.
This hatter has been inactive for some time; therefore,
I am returning; the balance in the trust account and at
some future date if you wish to resubmit a vacation
petition, please feel free to contact rye.
�''incerely,
Loris Hartig
City Recorder
DH/b
Encl.
,M
PAY 24, 1973
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Calvin United Presbyterian Church
14445 S. W. Canterbury Lane
Tigard, Oregon 97223
Attn: Katherine H. o'Noil
Clark of Session
Dear Kathy:
The Tigard City Council at theirw:,regular meeting May 14th
considered an ordinance vacating the dedicated roadway which
lies between the Caiway and church property.
The ordinance was denied without prejudice and Council re-
quested the church submit a vacation petition signed by the
officers of your congregation and the Calways, as well as a
copy of the access easement for the Calways .
If further information or assistance is required regarding
this matter, please contact Nick Hiebert, Director of Public
Services and Facilities.
Sincerely,
Doris Hartig
City Recorder
DH:f j
C
(b) Acting City Administrator reported through lack of
communication, City Attorney had not been instructed to
prepare ordinance and recommended item be continued to
next meeting.
(c) Motion by Councilman Bergmann to continue public hearing
to June 11th Council meeting,, seconded by Councilman Norton,
Approved by unanimous votO of Council,
19, ORDINANCE 1400 73- AN ORDINANCE VACATING DEDICATED UNOPENED
PORTION OF S.W. CANTERBURY LANE IN THE
CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
(a) 8:00 P.M. Public Hearing
No Testimony
Public Hearing Closed
City Attorney suggested the hearing be closed without
prejudice and rehear at a later date as he recommended
a petition be signed requesting a vacation by involved
property owners and copy of easement for Calwsys be
attached.
(b) Motion to deny ordinance without prejudice: Councilman
Norton, seconded by Councilman Bergmann,
Approved by unanimous vote of Council.
20, ORDINANCE No, 7314 AN ORDINANCE AMENDING AND SUPPLEMENTING
Chapter 7032 of Title 7 of the TIGARD
MUNICIPAL CODE BY ADDING THERETO NEW
SECTIONS CONCERNING DISCHARGE OF WEAPONS,
CARRYING CON0FnT_Pn WEAPONS, SEIZURE OF
WEAPONS, PROHIBITING USE OF AIR GUNS AND
BEANSHOOTERS IN THE CITY OF TIGARD.
(a) Motion to adopt: Councilman Bergmann, seconded by Council-
man Norton.
Approved by majority vote of Council,, Councilman Norton
voting NAY.
Ordinance will be read for second time at June 11, 1973
Council meeting.
21. ORDINANCE No. 73-15 AN ORDINANCE AMENDING AND SUPPLEMENTING
THE TIGARD MUNICIPAL CODE BY ADDING THERETO
A NEW SECTION DESIGNATED 18,84,050,
entitled "Hearing Procedures"6-- PRESCRIEILv*G
RULES FOR THE CONDUCT OF PUBLIC HEARINGS
CONCERNING ZONING AND LAND USE; FIXING
AN EFFECT VE DATE; AND DECLARING AN
EMERGENCY.
(a) Motion to adopt: Councilman Norton, seconded by Councilman
Cook.
Approved by unanimous vote of Council.
PAGE 5 - COUNCIL MINUTES °'MAY 14, 1.973
..W �
CITY OF TIGARD, OREGON
ORDINANCE No. 73
j.
AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF S.W.
CANTERBURY _LANE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that a resolution was adopted by the
Council on April 9, 1973, pursuant to Chapter 271. 130
O.R. S. , whereby the Council initiated vacation proceedings with respect
to the hereinafter described dedicated unopened portion of a public
way and that a public hearing was thereby called to be held on
May 14, 1973 and that notice of said hearing was given as required
by Chapter 271.110 O.R. S. as set forth in said resolution.
Section 2: The Council further finds that a public hearing as
thereby called to be held, was duly and regularly
held at the regular Council meeting on May 14, 1973 at which time
and place the Council afforded all interested persons an opportunity
to be heard for or against the proposed vacation of said lands,
and the Council further considered all objections thereto.
Section 3: The Council further finds that a majority of the owners
of the area affected by said proposed vacation, computed
on the basis provided in Chapter 271. 080 O.R. S. , did not object
thereto in writing and that all owners affected thereby did, in
fact, favor the vacation of said area; and the Council finds that
said vacating will not substantially affect the market value of
any abutting property.
Section 4: The Council further finds that the public interest will
not be prejudiced by the vacation of the hereinafter
described lands and that said lands are not useful as part of the
public street or road system of the City of Tigard and that it is in
the public interest that said vacation be approved.
Section 5: The Council further finds that the City recording
officer has filed in her office a certificate showing
that all city liens and taxes have been paid on the lands proposed
to be vacated.
Section 6: The Council finds that the area proposed to be vacated
may be subject to easement (s) for sewer lines, water
lines, electrical or telephone or other utility uses now present
or installed thereon, and such pre-existing easement (s) rights
should be preserved.
Section 7: Subject to pre-existing easement rights, if any, for
sewer, water, telephone, electrical or other utility
purposes now present on the hereinafter described lands which
rights are hereby expressedly excepted from the legal effect of
this ordinance, the following described portion of dedicated,
unopened street be, and the same is, hereby vacated and the rights
of the general public therein and thereto for street and road purposes
are herby annulled and held for naught:
That portion of a dedicated public roadway, situated
in the Northwest quarter of Section 11, Township 2
South, Range 1 West, Willamette Meridian, Washington
County, Oregon, laying parallel to, along the east
ORDINANCE No. 73--
side and within 20.0 feet,when measured at right
angles, of the West boundary line of Lot 3 and Lot
4 of Tigardville Heights, a subdivision of record
in said County, EXCEPTING, hereinbefore, the most
southerly 25.0 feet of said portion of said
dedicated public roadway.
Section 8: That the City Recorder be, and she is, hereby
authorized and directed to have a certified copy of
this ordinance filed for record with the following Washington
County departments:
1. Department of Records & Elections
2. Department of Revenue & Taxation-Attn: Assessor
3. Department of Public Works-Attn: County Surveyor
all as required by Chapter 271. 150 O.R. S.
Section 9: This ordinance shall be effective on and after the
31st day after its enactment by the City Council, and
approval by the Mayor.
PASSED: By vote of all Council members
present, after being read three times by number and
title only, this day of __ 1973.
Recorder - City of Tigard
APPROVED: By the Mayor, this day of 1973.
Mayor - City of Tigard
ORDINANCE No. 73- Page 2
EXHIBIT "A"
That portion of a dedicated public roadway, situated
in the Northwest quarter of Section 11, Township 2
South, Range 1 West, Willamette Meridian, Washington
County, Oregon, lying parallel to, along the east
side and within 20.0 feet, when measured at right
angles, of the West boundary line of Lot 3 and Lot 4
of Tigardville Heights, a subdivision of record in
said County. EXCEPTING, hereinbefore, the most
southerly 25.0 feet of said portion of said dedicated
public roadway.
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AFFIDAVIT OF PUBLICATION C14.'OF'T1GA1P
OF"PU41,10' '.
ON 'PVjop0SW VACATM
STATE OF OREGON, ;OF DEDICATED PORTMX*,�
COUNTY OF WASHINGTON, I ss' &W. CP BURY LAW IN
THE cny OF MARD,WASK'
INGTON CC&)NTY.094PPO-
d6ri of
I- -------------------------------------------------------chafer-----------------------------Joseh Sfasofu
'u*int to
--- - - ---------------------------------------- � tity Councit of Tigard
the_'
on April 9K 1973 under
eing first duly sworn, depose and say that I am the publisher ----------------------------- authority of Chapter 271,.130
Oregon Revised Statute9t a,
--------------------- of The Tigard Times, a newspaper of general circulation, as defined 04bft hearing will be held by
the Council of Tigard at 8:00
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and P.M.on Monday,May 14,1973
at Administration Office,
state; that the legal notice, a printed copy of which is hereto annexed, was Charles F. Tigard GradeSchool, Tigard, Oregon, with
respect to the proposed v.%ca-
published in the entire issue of said newspaper for ________4_______________ successive and tion of the following described
portion of a-dedicated street
consecutive weeks in the following issues (S.W.Canterbury Lane)in'the
APT---±R ---may--- 73 City of Tigard, Washington
-- ----------------------------------------------------------------------------------------------
--------------- County, Oregon:
------------ That portion ofa dedicated
public roadway, 'situated in
the Northwest quarter of Sec-
tion 11, Township 2,South,
Range I West,Willamptte Me-
ridian, Washington County,
Subscribed and sworn to before me this ---------liO-th------------------- day of ------------ Oregon, lying parallel to,
along the east side and within
__------May----------------------_---- 19---_73 20.0 feet, when measured'at
right angles; of the, West
boundary line of Lot 3 and Lot
4 of Tigardville fftights,a sub-
------------------------------------ ----------------------------------------------------
Notary Public of Oregon-------- division of record ,m said
County, EXCEPTING,terein-
before,the most southerly 25:0
feet of said portion of said My commission expires /---------- ----- 19_____ de-
dicated public roadway.
Any objections or reniOn-'
strances against siad proposal
to vacate said area may,be.
made in writing and filed with
the City Recorder prior to the
date of the hearing,and all ob-
jections filed prior to the date
of hearing Will be heard and
considered, and any person
having an interest in the pro-
posal may likewise verbally be
heard at said time and place.
Byorder of the City Council
of Tigard,this 9th day of April,
1973.
DORIS HARTIG
City Recorder
(TT 1743—Publish April 19,
26, May 3, 10, 1973).
City Recorder
II ,
AVVIDAVIT OF POSTING 26,May 3,10,19'13 .
In the Matter of Proposed Vacation of Dedicated portion of S.W.
Canterbury Lane In The City of Tigard, Washington County, Oregon
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, Doris Hartig, being first duly sworn, on oath depose
and say:
That I posted in the following public and conspicuous places ,
a copy of Notice of Public Hearing of Proposed Vacation of Dedicated
portion of S.W. Canterburn Lane in the City of Tigard, Oregon, a
copy of said notice being hereto attached and by reference made a
part hereof, on the 18th day of April , 1973 :
1. At the northeast end of dedicated portion on P.G.E.
pole 20-26 on the west side.
2. At the northeast end of dedicated portion on a
stake on the east corner.
3 . At the south end of the dedicated portion on the
east corner notice posted on a stake.
4. At the south end of the dedicated portion at the
west corner, notice posted on a stake.
Subscribed and sworn to before me this 4th day of May, 1973 .
Notary 'JPublic �or Aregon—
My Commission expires : 12/23/75
Affidavit of Posting
A :i;t yy �' •k:a
; ''`.fix; ,; ' 'r_l�.�r .'� E?,�s "i:,°3-:�:i• ;�;.�:. :t ..
FT
4 xy
NOTICE OF PUBUC IMOING
ON PROPOSED VACATION OF DEDICATED PORTION OF S. W. CANTERBURY
LANE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
Pursuant to resolution of the City Council of Tigard adopted
on April 9, 1973 under authority of Chapter 271. 130 Oregon
Revised Statutes, a public hearing will be held by the Council of
Tigard at 8: 00 P.M. on Monday, May 14, 1973 at Administration
Office, Charles F. Tigard Grade School, Tigard, Oregon, with
respect to the proposed vacation of the following described
portion of a dedicated street (S.W. Canterbury Lane) in the
City of Tigard, Washington County, Oregon:
That portion of a dedicated public roadway, situated in the
Northwest quarter of Section 11, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon,
lying parallel to, along the east side and within 20. 0 feet,
when measured at right angles, of the West boundary line of
Lot 3 and Lot 4 of Tigardville Heights, a subdivision of
record in said County, EXCEPTING, hereinbefore, the most
southerly 25. 0 feet of said portion of said dedicated
public roadway.
Any objections or remonstrances against said proposal to vacate
said area may be made in writing and filed with the City Recorder
prior to the date of the hearing, and all objections filed prior
to the date of hearing will be heard and considered, and any
person having an interest in the proposal may likewise verbally
be heard at said time and place.
By order of the City Council of Tigard, this 9th day of A ril,
P
1973.
DORIS HARTIG, City Recorder
TT Publish April 19, 26, May 3, 10, 1973
NOW NO
�c RESOLUTION No. 73- W
CITY OF TIGARD, OREGON
A RESOLUTION CONCERNING VACATION OF A DEDICATED PORTION OF S.W.
CAt,"VE.RBURY LANE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON,
WHEREAS , the area described on the attached sheet headed
"EXHIBI`:P A" .-end by this reference made a part hereof, is part
of a dedicate-3 street and/or alley in the Tigardville Subdivision
within the corporate ;emits of the City of Tigard, Washington
County, and
i\MEiz:,AS, _.,,Li-d lands do not serve a public purpose and are
so situated as _o he of no usefulness now or in the future as
part of the p,.tn is street system of the City; and
VHEREAS, i-_ ;ippears to be in the public interest that the
sa i.d area bo a::at.ed and restored to the tax rolls and made
available for dt�velopment and use by the adjoining property owners
to wh.)se lana: the same, if vacated, would attach; and
4HER'�AS, pl.irsuant + o •'bapter 271. 130 ORS the 'ity Council
ma : nit.i.af. •a��atiorr proceedings as authorized in Chapter 271
Ot -thou` + p.Ar_ltion cr --onsent of the property owners and may >a
cond, such proceedings in accordance with said
.F
BE IT i .`i C). ";f oy the "ity C,ourv_ it of Tigard , `is follows: .0
ill " ;'hat i ..l >iearing is hereby _alled f a be held by
line `1'i.gar'+ cel: Moll lay , ;•ai ,,. 14, 1973, at ;
"yC•
ArirrI t r'_ion Office, Chap s��y F. i'i..xa.d rade School
wi -h :'it.r- >f Tigard, . .�'.linnzr:_; -it >3: 00 P. M. , at
titi41r'. . i r< ert::' ,.face the Ji.nci l 5`.:j i I hear any objections
th ,.. , ind -ir,. int.eres - f= r person .r,ay appear and be
} t
: c;-,- or Hca . : nst- the C-c oposec. .,,3'-:atin(g of said lands.
z j "'That r.he _-ity z4,eccrder k)t- . and sh,_, is hereby, authorized
i;-ici •i i re ted to cause to ha .Fe pub'. shed in the Tigard
Times . nec.spaper of gener:il -i r cu lat i on i.n the City
of 'riq,trci hereby designated for such purpose, a notice
of sa! '-.earing in the form hereto attached and by this ,
ref ar.• c, made a part hereof, the first publication to be
malt: n the 19th day of April, 1973 and once each week
th(>i p atter for four publi.shings i. all.
't "he qeoorder :)e, and she is hereby, furttier directed
to .•a'.se to ha-e posted within five 51, days after the
dat t first publication, a cop,- of sa :d notice in the
form :::�reto attached, at or near Each er-,d of the area (s)
proprised to be vacated, and in addition , the Recorder shall
post copy of said notice in at least two (2 ) conspicuous
places within ':he area (s ) proposed to be vacated, all of
sa <i ptiDsti-ngs r.o be accomplished within the time herein
stat_ad.
; 3 ) "That the part_ :cular pertion of dedicated street proposed
to be vacated is described on the attached sheet headed
"Exhibit A" and by this reference made a part hereof. "
PASSED BY THE COUNCIL
ATTEST: Mayor
s/ Doris Hartig
C ty Reco:-d, r
SVi>
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NOW
' , �huacn•In•r��
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� N
q N O O
O N
y NI IW ^O D
YG7•�4l OOtf''J
CALVIN UNITED PRESBYTERIAN CHURCH / 10445 S.W. Canterbury Lane / Tigard, Oregon 97223 / 639-3273
February 17, 1973
FEB ;� 2 1y%.�
Mr. Stephen M. Telfer �'jjy
OF
City Administrator
City of Tigard
City Hall
12420 SW Main St.
Tigard, Oregon 97223
RE: Street Vacation
Dear Steve,
The Session of Calvin Presbyterian Church would like
theCity Council to consider vacating the dedicated roadway which
lied between the Calway property and the church property.
I've indicated the location of this strip of road
on the enclosed map.
Jim Cayton and I went over to the Calways' this
morning and chatted with them about the street vacation. They
have no objections at all so long as we give them an easement to
use the strip as access "to their garage and house.
Let me know what the next step is for us.
Thank you for your consideration.
Best Regards,
Katherin�/H. O'Neil,
Clerk of Session
JAMES C. CAYTON, Pastor
r
EXHIBIT A
NOTICE OF PUBLIC HEARING
ON PROPOSr:i VACATION OF DEDICATED PORTION OF S. W. CANTERBURY
LANE TN iF CITY OF TIGARD, WASHINGTON COUNTY, OREGON,
Purs,.iant resolution of the City Council of Tigard adopted
on April 1373 under authority of Chapter 271. 130 Oregon
Ra_>✓zs� t? :;t.�xtut'�s, a public hearing will be held by the Council of
'Tigard at 53: ,-m P. M. on Monday, May 14, 1973 at Administration
Office, c'1iar. 1o6 F. Tigard Grade School, Tigard, Oregon, with
rt=aspect to tl,c proposed vacation of the following described
pc.;' t ,.on of dedicated street (S. W. Canterbury Lane ) in the
C'i 1 v o>�f viashingt:on County, ,,regon:
`!"licit li). _,:7n of a '1edicated publl !' ro7dwav, situated ]_n the
:art.er of Section 11, 'i'ownship 2 ;south, Range 1
Mer. idlan, �aaahington (.';rant ", c)regon,
i kn, a,!c)n q 1 ie (,ast. side vithin .. 0. 0 feet.,
rigk) of to ht>..t r zndar.y line of
LO ..;; ' (..� i of 'b:;�9r'.i'� .. He.ghGs, .i �'r '.i�%:.sicn of
CountV , Ek- .' i i"rG, `lere i,nb•_' t , tine most
!' „t 1 L . ` f,-et cf said portir,r c, 3,i i,:7aL(-- "I
sc.._ :i a r. - in writi.nq a.*", . ,:.ile`i ,ie Cita,' Rer(.)rder
.. : .. t.r; of t1-. 4ny i all L ,),,,. Eiilo, prior
'an,1 C')ri .i n -i ny
F'Y;'st a-n t..he p c)os,-1, ='ti; :s(• verbally
t:2P�f= andpla..�e.
irCi, C=;l l.s c3' r1a 11
TT Publish April 19 , 26 , May 3 , 10, 1973