VAC2005-00003 Decision - U. BOONES FRY/74TH ZONE CHANGE
CITY OF TIGARD, OREGON
ORDINANCE NO. 06- 0 f
AN ORDINANCE VACATING AN APPROXT LATELY 7,845 SQUARE FOOT PORTION OF
AN.I.IN-NAMED PUBLIC RIGHT-OF-WAY WHICH LIES TO THE EAST OF SW 7e
AVENUE AND EAST OF THE S P & S RAILROAD RIGHT-OF-WAY, NORTH OF SW
DURHAM ROAD, IN THE CITY OF TIGARD,; WASHINGTON COUNTY, OREGON
(VAC2005=00003).
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of
the Tigard Municipal Code on Deceimber 20, 2005, and has been recommended by the Community
Development Department; and
WHEREAS, the approximate 7,845 square feet of unananied right-of-way to be vacated has never
been used for public or private road purposes and is not required for ingress or egress to or from
adjoining properties; and
WHEREAS, the applicants have requested that the City of Tigard vacate an u -named public
right-of-way approximately 7,845 square feet in area and described in exhibits "A-1 and A-2" and
"B-1 and B-2"; and
WHEREAS, the City will no longer have maintenance responsibility for this area; and
WHEREAS, all affected service providers, including utility companies and emergency service
providers, have reviewed the vacation proposal and have provided no objections; and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all
owners in the affected area, as described by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, notice of the public hearing was
posted in the area to be vacated and published in the newspaper; and
WHEREAS, the property owners of the majority of the area affected have not objected in writing
and
WHEREAS, the City Council leaving considered the request on February 28, 2006, finds that it is in
the public interest to approve the request to vacate said public right-of-way as the public interest will
not be prejudiced by this vacation, as provided by ORS 271.120: and TMC Section 15.08.130; and
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 7,845 square foot
portion of public right-of-way as shown and described un the attached Exhibits
"A-l., A-2, B-1 and B-21' (legal descriptions and naap of the area to be vacated),
and by this reference, made part thereof
ORDINANCE NO. 06-4)~-- Page 1 of 2
i s \curphllj amesiVAC\VAC2005-00003. ord
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder and upon recording of a certified
copy of the ordinance by the Cite Recorder.
PASSED: By i in cz a) moqs vote of all council members present after being read by
number and title only, this 9 -day of I, a&4t 2006.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this ~ay of d 2006.
Craig D'• sen, Mayor
as to form.:
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ORDINANCE No. 06-a Page 2 of 2
Page 2
BOAC VACATION SKETCH
LOCA rE'D IN THE SW 114 OF THE SE 114 OF SEC71ON 72,
z TOWNSHIP 2 SOUTH, RANGE I WEST, W .K
CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON
OCTQU~ER 25TH, 2005
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ROAD 'F A N N T A C
AREA
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TL 1200 TL 1100
f AKERMAN / WATHEY
occ, Na 92031510
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DEVELOPMENT
2407 NZ 292nd Avenue
Camas, WA 98507
360,834,2519
Fax.834.5498
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2407 NE 292nd Avenue
Camas, WA 98607
360.834.2519
fiv.834.5498
DEVELOPMENT c.halcumb@verizon.net
PRL VMXNG -LJRVZYZNG AM0 PLANNING' SERVICES WITH A PERSONAL COMMrrMENr 70 EXCELLENCE:
Legal description
.30-foot Wide Public Right of Way Vacation
October 25, 2005
A portion of that 30-foot wide roadway dedicated to the public by Fanno Creelf Acre
Tracts, a Plat of Record In Book 5, Pane 14., Washington County Survey Records,
Situated in the Southwest 11o, of the Southeast 1/4 of Section 12, Township 2 South,
Range 1 VVest, Willamette Meridian, in the City of Tigard, County of Washington and
State of Oregon, being more particularly described as follows;
All of said 30-'foot wide roadway lying West of Lot 35, Panno Creek Acre Tracts, lying
Fast of the S P & S Railroad 50-foot wide Right of Way, lying North of the Westerly
Extension of the South line of said Lot 35, and lying South of the Westerly extension
of the North line of that Tract of Land described In deed to Richard D, Akerman and
James E. Wathey, recorded in Document Number 92031816, Washington County
Deed Records.
Containing 3,849 Square Feet.
i 1.
ROAD VACATION SKETCH
LOCATED IN THE SW 11 OF THE SF 114 OF SECTION 12,
TOWNSHIP 2 SOUTH, RANGE ? WEST, WM.
CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON
7~60'
OCTOBER 25TH, 2005
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' r vACArION
AREA LARUSSO CONCRETE
COMPANY, INC.
r 39 6 SF LOC. NO. 2000032753
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, DEVELOPMENT
2407 ME 292nd Avenue
Camas, WA 9807
Fax.834.~'498
24-07 NE 292nd Avenue
Camas, WA 98607
' 360,834.2519
faxM4,5498
DEVELOPMENT c.halcumb@verizon.net
P,gcvxDXNG.SURVCYXNG A1VV PLANNXNC SERVXC'ES WrrH A PERSONAL COMMX71MENT TO CXC6X.LEtVC4F
Legal Description
30-foot Wide.Public Right of Way Vacation
October 25, 2005
A portion of that 30-foot wide roadway dedicatee[ to the public by Fanno Creek Acre
Tracts, a Plat of Record In Book 5, Page 14, Washington County Survey Records,
Situated In the Southwest 1!4 of the Southeast 1/4 of Section 12, Township 2 South,
Range 1 West, Willamette Meridian, In the City of Tigard, County of Washington and
State of Oregon, being more particularly described as follows;
All of said 30-foot wide roadway lying West of Lot 35, Fanno .Creek. Acre Tracts, lying
Fast of the S P & 5 Railroad 50-foot wide Right of Way, lying South of the Westerly
Extension of the North IYhe of said Lot 35, and lying North of the Westerly extension
of the South line of that Tract- ,of I-and described in deed to Larusso Concrete
Company, Inc., recorded In Document Number 2000032753, Washington County
Deed' Records.
Containing 3,996 Square Feet.