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VAC2004-00002 Decision - LOOS SEWER EASEMENT VACATION A de CITY OF TIGARD, OREGON ORDINANCE NO. 05- 03 AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY EASEMENT OF APPROXIMATELY 1,248 SQUARE FEET LOCATED AT SW FREWING STREET AT SW PACIFIC HIGHWAY, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2004- 00002). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on January 11 2005, and has been recommended by the Community Development Department; and WHEREAS, the approximate 1,248 square foot public sewer easement had previously been granted to the public; and WHEREAS, the applicant has requested that the City of Tigard vacate this public sewer easement as described in Exhibit A and shown in Exhibit B located on property better known as 9965 SW Frewing; and WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the public health, safety or welfare, in consideration of realigned easement and reconstructed sewer line using modem materials; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have been given the opportunity to review 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 having considered the request on February 8, 2005, finds that it is in the public interest to approve the request to vacate said public sewer easement as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the vacation of said public sewer easement is necessary to construct the approved improvements on the subject site_ NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 1,248 square foot portion of public right -of -way as shown and described in the attached Exhibits "A" and `B" (legal descriptions and maps of the areas to be vacated), and by this reference, made part thereof. PASSED: By ?Curb .5 vote of all Council members present after being read by number and title only, this P day of ici.r^atix , 2005. ORDLNANCE NO. 05- 03 Page 1 of 2 Attachment 1- VAC2004 -00002 Ord I City R 6,1-1qUtirl-e 0011e.i ecorder - City of Tigard 4 APPROVED: By Tigard City Council this day of _ e , • _ . i , 2005. Craig ksen, Mayor Approved as to form: C Attorney Date ORDINANCE NO. 05- 03 Page 2 of 2 Aitaclmient 1- VAC2004 -00002 Ord I e EXHIBIT A • LEGAL DESCRIPTION VACATE SANITARY SEWER EASEMENT MASSIH PROPERTY The following described real property situated in the State of Oregon, County of Washington, • City of Tigard being a portion of Lot 21, Frewing Orchard Tracts, situated in the Northwest quarter of Section 21, Township 2 South, Range 1 West of the Willamette Meridian; An easement for sanitary sewer, 10.00 feet in width, the center of which is described as follows; Beginning at a 5/8" iron bar marked "O.D.O.T" in the centerline of Pacific Highway and running • thence North 45° 39' 01" East along said centerline a distance of 205.24 feet to it's intersection with the centerline of S.W. Frewing Street; Thence South 53° 16' 00" East along said centerline a distance of 153.94 feet; Thence North 45° 48' 00" East a distance of 20.25 feet to the true point of beginning of the tract herein described; Thence North 45 48' 00" East, a distance of 124.84 feet to the end of this easement. • • • RE !STEREO PROFESSIONAL LAND SURVEYOR ` S •tip 1-r- . "' S OREGON • JULY 16, 1p87 THOMAS P. S • 2312 • • • A 1 EXHIBIT B VACATED SANITARY SEWER EASEMENT-EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET • SCALE: 1 n =40` • �� '/ : ..7 / . QrS c9 • . / TL 2900 0 0 .. SB97 SF • . /� / / , FF =200.0 . X/ , / , \ • ..< UPPER STORY , \ % _ 4 2984 SF \\ —� / / ■ i 0' Y ■ c`' N.. TL 2800 / t ry /` /� 6 . 3. ♦ ... \ / • . r s3 o4. N. • /� 7 � o S\ . °° \ . . b' TL 3200 .� w SR N F </' \/ R EG TIE: N', N ` pROESSI vEYOR. N45 LAND SUR 20.25' k, \ ■ OREGO N 87 NO, u JUL'( 1e ' t Welkin Engineering, P.C. THOMAS P' S1N , " 23t2 • - -. .: , PLANNERS, CIVIL ENGINEERS, AND SURVEYORS MD SW. PFAFFLE STREET, PORTLAND, OREGON 97224 PHONE {505159B-1W FAX (593698 -1868 1