AGENDA BILL. Beaverton City Council Beaverton, Oregon. PROCEEDING: First Reading EXHIBITS: Ordinance with Exhibit A: Legal Description BUDGET IMPACT

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1 AGENDA BILL Beaverton City Council Beaverton, Oregon SUBJECT: An Ordinance Vacating a Portion of Right-of-Way Located Along SW Ardenwood Street; SV FOR AGENDA OF: Mayor's Approval: 7/!:~O: ~ ~. DEPARTMENT OF ORIGIN: CEDD"2 DATE SUBMITTED: 6/25/13 CLEARANCES: City Attorney Planning CAO PROCEEDING: First Reading EXHIBITS: Ordinance with Exhibit A: Legal Description BUDGET IMPACT EXPENDITURE AMOUNT APPROPRIATION REQUIRED $0 BUDGETED $0 REQUIRED $0 RECOMMENDED ACTION: First Reading. HISTORICAL PERSPECTIVE: Tualatin Valley Water District (TVWD) has applied for a Street Vacation application to vacate a portion of the SW Ardenwood Street right-of-way. The proposed vacation is limited to an undeveloped portion of the SW Ardenwood Street right-of-way located west of Burbank Avenue. The portion of right-of-way proposed to be vacated is adjacent to properties owned by Tualatin Hills Park & Recreation District (THPRD) and TVWD. The portion of undeveloped right-of-way proposed to be vacated was platted in 1889 as part of the Hyde Park Subdivision but was never developed. INFORMATION FOR CONSIDERATION: The Council has held a public hearing, considered testimony, and approved the proposed Street Vacation. Agenda Bill No: 13169

2 \ ~,\~,.~' Beaverton ORE C () N MEMORANDUM Community & Economic Development Department To: Mayor and Council \. From: Jana Fox, Associate Planner ';ft';~ Date: July 9,2013 Subject: SV SW Ardenwood Street Vacation The applicant, Tualatin Valley Water District (TVWD), has requested a modification to the language of condition of approval two as shown on page COA-1 of the Staff Report. The modification of the condition would allow for flexibility in the siting of an access easement to TVWD and the Oregon Department of Transportation (ODOT) to accommodate future park improvements in the area. Staff finds that the modified condition has the same intent as the original condition, to provide an access easement to TVWD and ODOT, while allowing flexibility for future park development. The modified condition would read: 2. Record a ten-foot public utility easement along the eastern edge of the right-of-way to be vacated and an access easement to Tualatin Valley Water District and the Oregon Department of Transportation within a portion of the right-of-way to be vacated. The easement language shall be reviewed and approved by the City Engineer prior to recording. The ordinance has been amended to reflect this change. City of Beaverton 4755 SW Griffith Drive PO Box 4755 Beaverton, OR Agenda Bill 13169

3 ORDINANCE NO AN ORDINANCE VACATING A PORTION OF RIGHT-OF-WAY LOCATED ALONG SW ARDENWOOD STREET; SV WHEREAS, on July 16, 2013, the City Council held a public hearing to consider a request to vacate approximately 21,965 square feet of right-of-way located along SW Ardenwood Street, and immediately abutting the property lines of Assessor Map 1S1 1'1 BB Tax Lots 100, 200, 402, and 1300; and WHEREAS, the right-of-way is located along the parcels of land owned by Tualatin Valley Water District, Tualatin Hills Park and Recreation District and the Oregon Department of Transportation; and WHEREAS, based upon the facts and findings in the City Staff Report dated June 25, 2013, considered and approved by the City Council at the public hearing on JUly 16, 2013; the Council finds pursuant to Development Code Section and ORS , that (1) by publishing notice on May 30, 2013 and June 6, 2013 and posting the site on July 1, 2013, notice was duly given of the public hearing to consider this request; (2) The Council has considered any objections filed with the City over the proposal; (3) the public interest will not be prejudiced by the vacation of this right-of-way; (4) written consent of the required number of owners of statutorily defined "affected" and "abutting" properties has been obtained and properly submitted; now, therefore: THE CITY OF BEAVERTON ORDAINS AS FOLLOWS: Section 1. That portion of public right-of-way, approximately 21,965 square feet of right-of-way located along SW Ardenwood Street, and immediately abutting the property lines of Assessor Map 1S1 11 BB Tax Lots 100, 200, 402, and 1300, as shown in the legal descriptions, attached as Exhibit A to this ordinance, is vacated, subject to reservations and exceptions for certain easements as described herein. Section 2. The City reserves and excepts an easement for surface-, underground, and overhead public utilities over, under and on a ten (10) foot wide area of the eastern most portion of the right-ofway vacated by this ordinance,. Section 3. The City reserves and excepts an easement for access to State Highway 217 in favor of the Oregon Department of Transportation and for access to adjacent property to the north in favor of the Tualatin Valley Water District over the right-of-way to be vacated. The access easement shall be twelve feet in width and extend from the eastern to western property lines within the area of right-ofway to be vacated. The specific location of the easement is to be agreed upon by the Oregon Department of Transportation, Tualatin Valley Water District, and Tualatin Hills Park and Recreation District and approved by the City. Section 4. This ordinance shall be recorded with the deed records of Washington County, Oregon together with a survey of the area vacated, including all required public utility and access easements. The applicant shall be responsible for all costs of surveying and recording. The applicant shall also provide a copy of the recorded ordinance to the Washington County Surveyor's Office. First reading this day of, Passed by the Council this day of, Approved by the Mayor this day of I ATTEST: APPROVED: CATHY JANSEN, City Recorder DENNY DOYLE, Mayor ORDINANCE NO Page 1 of 1 Agenda Bill No

4 EXHIBIT -:...A~_ LEGAL DESCRIPTION AND MAP OF STREET VACATION SW ARDENWOOD STREET STREET VACAnON. CITY OF SEAVERTON APRIL

5 ENGINEERING PLANNING LANDSCAPE ARCHITECTURE FORESTRY SURVEYING S.W. Galbreath Dr., Suite 100 Offices Located In: Sherwood, Oregon SHERWOOD,OREGON Phone: (503) SALEM, OREGON Fax: (503) VANCOUVER, WASHINGTON EXHIBIT A A tract ofland located in the Northwest Quarter of Section 11, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at a 5/8 inch iron rod with a 1-1/2 inch aluminum cap at the northeast comer of the plat "Hyde Park"; thence along the east line of said plat South 01 25'20" West feet to a 5/8 inch iron rod at the southeast comer of Lot 2, Block 1 of said plat, being the True Point of Beginning; thence along the north right-of-way line ofsw Ardenwood Street (30.00 feet from centerline), being the south line of Block 1 of said plat North 88 30' 10" West feet to a 5/8 inch iron rod with a yellow plastic cap inscribed "ODOT R/W"; thence along the easterly right-of-way of Highway 217 (variable width) South 15 29'41" West feet to a point; thence along the south right-of-way line of SW Ardenwood Street (30.00 feet from centerline), being the north line ofblock 6 of said plat South 88 30' 10" East feet to a point; thence along the east line of said plat North 01 25'20" East feet to the True Point of Beginning. The above described tract of land contains 22,027 square feet, more or less. PROFESSIONAL OREGON JANUARY NICK WHITE 70652LS RENEWS:

6 EXHIBIT B LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMrnE MERIDIAN, WASHINGTON COUNTY, OREGON LEGEND PREPARED FOR FOUND MONUMENT TUALATIN VALLEY WATER DISTRICT SF SQUARE FEET 1850 SW 170TH AVENUE BEAVERTON, OR SCALE 1" = 100 FEET 5/~:~6~t~;~~~ g BLOCK 1 "HYDE PARK" N88'30'1Q"W ' VACATED RIGHT-OF-WAY Il1..,. I- g 0 --l... I"") g --l --l g 0 r- l.d I- b b I- b --l N b --l "' "0 Il1 to I"") N... I- g POINT OF BEGINNING 5/8" IR WITH 1-1/2" ALUMINUM CAP, ILLEGIBLE TRUE POINT OF BEGINNING 5/8" IR BLOCK 41 "CEDAR HILLS N PLAT NO.9" g r-...o..-..~~~~~~~_ S15'29'41"w AREA: 22,027 SF g N01'25'20"E ~ 61.84' SW ARDENWOOD STREET -g-l'~ 60.00' - -:- ~ l.d... I"")... N.. I- g b --l S88'30'10"E ' 0) co g b ~ BLOCK 6 "HYDE PARK" I Il1..,. b l- I l --l --l l- LOT 1 LOT 2 BLOCK 41 "CEDAR HILLS PLAT NO.9" /1- ').~ #'/t- PROFESSIONAL JOB NAME: RIDGEWOOD PARK JOB NUMBER: 3173 ENGINEERING PLANNING LANDSCAPE ARCHITECTURE FORESTRY SURVEYING ""' LICENSED IN OR & WA SW GALBREATH DRAWN BY: JOH DRIVE, SUITE 100 SHERWOOD, OR CHECKED BY: NSW PHONE: (503) FAX: (503) DWG NO.: EXA OFFICES LOCATED IN SALEM, OR & VANCOUVER, WA 04

7 LEGAL DESCRIPTION AND MAP OF PUBLIC UTILITY EASEMENT SW ARDENWOOD STREET STREET VACATION. CITY OF BEAVERTON APRIL

8 ENGINEERING PLANNING LANDSCAPE ARCHITECTURE FORESTRY SURVEYING S.W. Galbreath Dr., Suite 100 Offices Located In: Sherwood, Oregon SHERWOOD, OREGON Phone: (503) SALEM, OREGON Fax: (503) VANCOUVER, WASHINGTON Job #3173 EXHIBIT A Legal Description A tract ofland located in the Northwest Quarter of Section 11, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at a 5/8 inch iron rod with a inch aluminum cap at the northeast comer of the Plat "Hyde Park"; thence along the east line of said plat South 01 25'20" West feet to a 5/8 inch iron rod at the southeast comer of Lot 2, Block 1 of said Plat, being the True Point of Beginning; thence continuing along said east line South '20" West feet to the northeast comer of Lot 1, Block 6 of said Plat; thence along the north line ofsaid Lot I North 88 33' 10" West feet to a point; thence along a line parallel to and feet westerly of said east line North 01 25'20" East feet to a point on the south line oflot 2, Block I of said Plat; thence along said south line South 88 30'10" East feet to the True Point of Beginning. The above described tract ofland contains 600 square feet, more or less. 2 -/$-/:2 PROfESSIONAL OREGON JANUARY NICK WHITE 70652LS RENEWS:

9 EXHIBIT B MAP LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON SCALE 1" = 100 FEET ~POINT OF ~~:-=~--a/ BEGINNING \ 5/8" IR WITH /i-~"":"':"'--:~~---l 1-1/2" ALUMINUM 1ri CAP. ILLEGIBLE co LO I -q- I ~ ~ 656 TRUE POINT l-l -l -l OF BEGINNING 5/8" IR BLOCK 1 a I "HYDE,PARK" I -,- ~I ~I ~I~' 588'30'10"E, J L._--L_--l..._ 10,OO'-tt=:-::-:-:=h-==- -_ I AREA: 600 SF± ~ ~ ~ I m I 00 I LO I -q- I ~ ~ 6 ~ I -l I -l I -l -l g -l ~ -/ _ I I I, g BL06K 6,I ''w I I I - I I I I 1p.00' - "HYDE PARK" - - -N "---...L- PROFESSIONAL JOB NAME: RIDGEWOOD PARK JOB NUMBER: 3173 DRAWN BY: MSK CHECKED BY; NSW DWG NO.: PUE ENGINEERING ' PlANNING LANDSCAPE ARCHITECTURE FORESTRY, SURVEYING LICENSED IN OR & WA SW GALBREATH DRIVE, SUITE 100 SHERWOOD, OR PHONE: (503) FAX: (503) OFFICES LOCATED IN SALEM, OR & VANCOUVER, WA 07

10 LEGAL DESCRIPTIONS AND MAPS OF ACCESS EASEMENTS SW ARDENWOOD STREET STREET VACATION. CITY OF SEAVERTON APRIL

11 ENGINEERING PLANNING LANDSCAPE ARCHITECTURE FORESTRY SURVEYING S.W. Galbreath Dr., Suite 100 Offices Located In: Sherwood,Oregon SHERWOOD, OREGON Phone: (503) SALEM, OREGON Fax: (503) VANCOUVER, WASHINGTON Job #3173 EXHIBIT A Legal Description A tract ofland located in the Northwest Quarter of Section 11, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at a 5/8 inch iron rod with a 1-1/2 inch aluminum cap at the northeast comer of the Plat "Hyde Park"; thence along the east line of said plat South 01 25'20" West feet to the True Point of Beginning; thence continuing along said east line South '20" West 6.00 feet to a point; thence North 88 38'55" West 6.96 feet to a point; thence along a curve to the left with a Radius of 95;74 feet, Delta of22 20'44", Length of37.34 feet, and a Chord of South 80 10'43" West feet to a point; thence South 68 48' 12" West feet to a point; thence along a curve to the right with a Radius of feet, Delta of22 41 '45", Length of feet, and a Chord of South 80 09'04" West feet to a point; thence North 88 30'04" West feet to a point on the southeasterly right-ofway line ofhighway 217 (variable width right-of-way); thence along said southeasterly right-of-way line North 15 29'41" East feet to a point; thence South 88 30'04" East feet to a point; thence along a curve to the left with a Radius of94.00 feet, Delta of22 41 '45", Length of37.23 feet, and a Chord of North 80 09'04" East feet to a point; thence NOlih 68 48' 12" East feet to a point; thence along a curve to the right with a Radius of feet, Delta of 03 19'1 0", Length of 6.24 feet and a Chord of North 70 39' 14" East 6.24 feet to a point; thence South 88 30' 10" East feet to the True Point of Beginning. The above described tract of land contains 4,319 square feet, more or less. PROFESSIONAL, 09

12 EXHIBIT B MAP LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON CURVE TABLE CURVE Cl RADIUS 95.74' DELTA 22'20'44 n LENGTH 37.34' CHORD S80'10'43 n W 37.10' SCALE 1" = 100 FEET C ' 22'41'45 n 41.99' S80'09'04'W 41.71' C ' 22'41'45 n 37.23' N80'09'04"E 36.99' C ' N15'29'41 "E 12.37' I I 3'19'10 n 6.24' :-'- I g/ g I~~ ~~ 0> --J BLOCK 1 g ~.~~ g I jnhyoe ~ARKn I ~ TRUE POINT ~ I 0 OF BE,GINNINq ~ I r-... I to I"") C"l,gIg g - - BLOCK 6 I AREl I -~2-1) g/gl5 N68'48'12 n E 11.69' S88'30'10"E 42.10' --J ---l C3 L=37.23' C4 L=6.24' VACATED RIGHT-OF-WAY S88'30'04nE '==~~=:'?/2Zzz:~~. I N88'30',04~ '-/ ~ I ~~I : I ~ / co I LO I /g,g/g/glg g I N70'39' 14"E 6.24' 1- -, nhyoe,park n /-4,31 I 1 g 9 SF±1 I I I I I I PROFESSIONAL JOB NAME: RIDGEWOOD Ioo..-~_,...-:"_-+...;-... JOB NUMBER: 3173 DRAWN BY:,,-L-~"':'"=:::-_-a/ VACATED i RIGHT-OF-WAY ~ ~ I~ -r ~~\ I MSK CHECKED BY: NSW DWG NO.: PARK PUE ~ ~POINT OF BEGINNING! n TH 5 8 IR WI 1-1!2 n ALUMINUM CAP, ILLEGIBLE -~ ~ BLOCK 41 ~ ~ "CEDAR HILLS : PLAT NO. 9 n g ENGINEERING ' PLANNING ' LANDSCAPE ARCHITECTURE FORESTRY, SURVEYING UCENSED IN OR & WA SW GALBREA TH DRIVE, SUITE 100 SHERWOOD, OR PHONE: (503) FAX: (503) OmCES LOCATED IN SALEM, OR & VANCOUVER, WA 10

13 ENGINEERING PLANNING LANDSCAPE ARCHITECTURE FORESTRY SURVEYING S.W. Galbreath Dr., Suite 100 Offices Located In: Sherwood, Oregon SHERWOOD, OREGON Phone: (503) SALEM, OREGON Fax: (503) VANCOUVER,WASHINGTON Job #3173 EXHIBITC Legal Description A tract ofland located in the Northwest Quarter of Section 11, Township 1 South, Range 1 West, Willametle Meridian, Washington County, Oregon being more particularly described as follows: Beginning at a 5/8 inch iron rod with a 1-1/2 inch aluminum cap at the northeast comer of the Plat "Hyde Park"; thence along the east line of said plat South 01 25'20" West feet to the True Point of Beginning; thence continuing along said east line South 01 25'20" West 6.00 feet to a point; thence North 88 30' 10" West feet to a point; thence along a non-tangential curve to the right with a Radius of feet, Delta of 19 02'16", Length of35.80 feet, and a Chord ofnorth 81 49'57" East feet to a point; thence South 88 38'55" East 6.97 feet to the True Point of Beginning. The above described tract of land contains 182 square feet, more or less. -/2-/ PROfESSIONAL 11

14 EXHIBIT D MAP LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETIE MERIDIAN, WASHINGTON COUNTY, OREGON CURVE TABLE CURVE RADIUS DELTA LENGTH CHORD C ' 19'02'16" 35.80' N81'49'57"E 35.63' SCALE 1" = 100 FEET (\ ~POINT OF,,...L-~-:=~--e/ BEGINNING RIG~f~~~~WAY i 5/8" IR WITH -/- ~ - 1-1/2" ALUMINUM,ltt\. In '<t" ~ CAP, ILLEGIBLE -.l.". I- I- 0 ~ co I gig I -- ~ ~ ~~ m g BLOCK 1 g ;= '"~ I- J "HYDE PARK" I f3 X* ~ - J TRUE POINT_ f3, a I r-- IOFtOBE?IN~IN9 - ~t---br-lo-c-k-41, -'-I ~ I q: I q I q I g I I- C'4 - q "CEDAR HILLS : ~ ~ ~ ~ ~ I PLAT NO.9" g I I I S88"38'55"E g ---l _ L _ AREA:. 6.97'~ 182 SF± VACATED RIGHT-OF-WAY C5 VACATED RIGHT-OF-WAY -,-II-1 N88"30'10"W 42.10' L=35.80'--==:::..r::~~ gl~i:i~i~i: 1:1: g I gig I g,-=- L g _, ~LodK 6 I I "HYDE IPARK" /- -, -, PROFESSIONAL JOB NAME: RIDGEWOOD PARK ENGINEERING " PLANNING LANDSCAPE ARCHITECTURE FORESTRY SURVEYING JOB NUMBER: 3173 LICENSED IN OR & WA SW GALBREATH DRAWN BY: MSK DRIVE, SUITE 100 SHERWOOD, OR CHECKED BY: NSW PHONE: (503) FAX: (503) DWG NO.: PLlE OFFICES LOCATED IN SALEM, OR & VANCOUVER, WA 12