Ordinance No. 00-32 CITY OF TIGARD,OREGON
ORDINANCE NO.00
AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 4,611
SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW NAEVE STREET, IN THE CITY
OF TIGARD,WASHINGTON COUNTY,OREGON(VAC2000-00001).
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040
of the Tigard Municipal Code on September 26, 2000, and has been recommended by the
Community Development Department; and
WHEREAS, the approximately 4,611 square foot portion of the road had previously been
dedicated to the public; and
WHEREAS,Naeve Street has been re-aligned to the north to create an intersection that came into
Royalty Parkway at more of a 90 degree angle;and
WHEREAS,the re-alignment resulted in surplus right-of-way; and
WHEREAS,the surrounding properties will continue to have access to public right-of-way; and
WHEREAS,the City will no longer have maintenance responsibility of 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,provided a utility
easement is provided to cover existing utility lines; 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 November 28,2000,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
ORDINANCE No.00-_Im'k— is\citywide\ord\VACNaeveORD.doc
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WHEREAS,the Council finds that the following condition is necessary to vacate said land:
1. A public utility easement over the entire vacated area to provide for the existing and future
utility lines shall be dedicated.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 4,611 square foot
portion of public right-of-way as shown and described on the attached Exhibits
A and B (legal description and map of the area to be vacated), and by this
reference,made part thereof.
SECTION 2: The Tigard City Council further orders that the vacation be subject to the
following condition:
1. A public utility easement over the entire vacated area to provide for the
existing and future utility lines shall be dedicated.
SECTION 3: 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 AM'XIMS vote of all Council members present after being read by
number and title only,this r�Fs— day of & "Gvv,� ,2000.
C = "
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this�b_-day of 2000.
Griffith,M o
AQ roved as to form: 1
y Attorney
//- CPIG
Date
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EXHIBIT A
Thurston&Associates, Inc.
415 N.State St.,Suite No. 134
Lake,Oswego,Oregon 97034
Phone (503)697-0757
Fax (503)699-5556
24 August,2000
Exhibit"A"
Proposed Street Vacation
A tract of land located in the S.E.'/.Section 10,Township 2 South, Range 1 west,Willamette
Meridian,City of Tigard,Oregon described as follows:
Commencing at a 5/8" Iron Rod at the intersection of the existing South line of S.W.
rvaeve Su cf and the East!i.^.e of S.W.Pacific Highway,said Iron Rod being the restored
North corner of Land Partition 1996-010 jSN 27,163),thence S 630 06' 17" E,239.00 feet paraliel
to and 20.00 feet from the centerline of the re-aligned S.W.Neave Street and the true point
of beginning,which is the intersection of a 25.00 foot street line and the existing South street
line,thence S 790 24'38" E 21.10 feet on the chord of a 191 foot radius curve left through a
central angle of 60 19' 57",thence S 820 34' 36" E 80.33 feet,thence S 700 14' S9" E,60.20 feet
on the chord of a 141 foot radius curve right through a central angle of 240 39' 14",thence
S 20 22' 54"W,44.16 feet on the chord of a 25 foot radius curve right through a central angle
of 124"03' 37",thence N 630 06' 17"W. 174.04 feet to the point of beginning. Containing
4,611 square feet or 0.11 acre. Said parcel reserves an 18 foot wide strip paralleling and
abutting the 174.04 foot Southwesterly line for a utility easement.
6onald W.Thurston,PLS,CWRE
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