90-032048
Ce ed to be a True Copy of -
90-32048
Washington County Original on file
zs •
W" CITY OF TIGARD, OREGON By,
City Recorder - City of Tigard l
ORDINANCE NO. 90--LQ _ _
Date:
AN ORDINANCE VACATING A PUBLIC PEDESTRIAN EASEMENT LOCATED BETWEEN LOTS 122 AND
123 OF MORNING HILL NO. 6, 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 March 12, 1990; and
WHEREAS, the reason and purpose for this vacation is to eliminate a certain
public pedestrian easement at the request of the abutting property owners; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Community Development Department subject to certain conditions as listed below;
and
WHEREAS, all affected service providers including utility companies and
emergency services have reviewed the vacation proposal and have no objections
or concerns; and
WHEREAS, in accordance with ORS 271.100, the TMC 151.08.110, the Council fixed
a time and place for the public hearing and the Recorder published notice and
posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described by ORS 271.080; and
WHEREAS, the Council having held a hearing on April 23, 1990, finds the public
interest will not be prejudiced by the vacation as provided by ORS 271.120 and
TMC Section 15.08.130; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate that certain public pedestrian easement, within Morning Hill
No. 6, because the public interest will not be prejudiced; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said easement:
1. The existing public utility easement that lies within the same area
between Lots 122 and 123 of Morning Hill No. 6, shall remain in effect.
2.,- The vacation shall not be effective until the effective date of this
ordinance, and a certified copy of this ordinance has been recorded with
the Washington County Clerk, Assessor, and Surveyor.
,THE CITY; OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1 : The Tigard City Council hereby orders the vacation of that
certain public pedestrian easement, as described on the attached
Exhibit "A" and illustrated on the attached Exhibit "B", and by
ORDINANCE NO. 90-1 RETURN RECORDED DOCUMENT TO.
Page 1 CITY RECORDER, TIGARD
P 0 BOX 23397
TIGARD OR 97223
I~~
this reference made part hereof.
SECTION 2: The Tigard City Council further orders that the vacation be
subject to the following condition:
The existing public utility easement that lies within the
same area between Lots 122 and 123 of Morning Hill No. 6,
shall remain in effect.
SECTION 3:
In no situation shall this ordinance be effective until the 31st
day after its enactment by the City Council, approval by the
Mayor, and after a certified copy of this ordinance has been
recorded with the Washington County Clerk, Assessor, and
Surveyor.
SECTION 4: 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 U 1")Ctfi ~ M Uhf S vote of the Council members present after
bein read by number and title only, this d day
Of 1990.
C~ f~ 1
Cat erine Wheatley, City Reco er
APPROVED: This day of -/Zt , 1990
r
Ge ald R. wa dd Mayor
A ~ved as to f
City torn
. Cr
Date
MORNHI LORD/k1
ORDINANCE NO. 90-/D
Page 2
Exhibit "A^
A fifteen foot wide strip of. land located in the northeast quarter of Section
4, Township .2 South, Range 1 West, Willamette Meridian, City of Tigard,
Washington County, Oregon being described as follows:
The southerly five feet of lot 123, Morning Hill No. 6, a recorded. plat,
Washington County Plat records, together with the northerly ten feet of- lot
122, said Morning Hill No. 6.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGO
-MWJARY 15,
JON T. FEIGION
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Note: This Exhibit B shows property ~
which is subject of Ordinance No. 90-10.
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STATE OF OREGON
SS
County of Washington
I, Donald W. Mason, Director of Assessment
and Taxation and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
Donald W. Mason; Director of
Assessment and Taxation, Ex-
Officio County Clerk
Doc 90032048
Rect: 35122 53.00
06/20/1990 01:45:02PM