Ordinance No. 03-11 Attachment 1
CITY OF TIGARD, OREGON
ORDINANCE NO. 03- 1 !
AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 3,241
SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 74TH
AVENUE WHICH LIES AT THE NORTHWEST CORNER OF SW 74T'3 AVENUE AND
LANDAU STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON
(VAC2003-00001).
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040
of the Tigard Municipal Code on October 28, 2003, and has been recommended by the Community
Development Department; and
WHEREAS, the approximate 3,241 square foot portion of the public right-of-way had previously
been dedicated to the public; and
WHEREAS,the applicant has requested that the City of Tigard vacate an approximate 3,241 square
foot portion of public right-of-way as described in Exhibit "A" and shown in Exhibit "B" better
known as SW 70 Avenue; and
WHEREAS, the said portion of public right-of-way is no longer necessary because of a secured
dedication of 1,314 square feet to straighten the 7e Avenue/Landau Street intersection; 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 December 16, 2003, fnids 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
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.
ORDINANCE NO.03- 11 Page 1 of 2
i:lcurpinlmathcw\VAC\VAC2003-00001.ord(public hearing)
NOW, THEREFORE,TIIE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 3,241 square foot
portion of public right-of-way as shown and described in the attached Exhibits
"A" and "B" (legal description and snap of the area to be vacated), and by this
reference,made part thereof.
SECTION 2: The Tigard City Council fiuther 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 Council President, and posting by the City Recorder.
PASSED: By L111a1}If1'wD vote of all Council members present after being read by number
and title only,this&day of beers bar' _.-92003.
S3 C�-7 R57�
r
Greer A. Gaston,Deputy City Recorder
APPROVED: By Tigard City Council this day of Decembp-r 72003.
Craig D •ksen, Council President
Approved as to form:
tYy Attorney
Date
ORDINANCE NO.03- Page 2 of 2
i:lctuphilmatiiewIVAC\VAC2003-OOOOI.ord(public hearing)
Exhibit "A"
HARRIS - McMONAGLE ASSOCIATES INC.
ENGINEERS - SURVEYORS
12555 SW HALL BLVD.
TIGARD OREGON, 97223
TEL. (503) 639-3453 FAX. (503) 639-1232
August 22,2003
LEGAL DESCRIPTION
FOR THE VACATION OF A PORTION OF THE PUBLIC RIGHT OF WAY OF
S.W. LANDAU STREET AND S.W. 74" AVENUE.
THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THE ABOVE
SAID PUBLIC RIGHTS-OF-WAY,SITUATED IN THE SOUTHEAST QUARTER OF SECTION
25,TOWNSHIP 1-SOUTH, RANGE 1WEST OF THE WILLAMETTE MERIDIAN, CITY OF
TIGARD,WASHINGTON COUNTY,OREGON.
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25,T ENCE
ALONG THE SOUTH LINE OF SECTION 25,S 89'318'19"E 85.19 FEET;THENCE AT RIGHT :
ANGLES TO THE SECTION LINE N 0041'41"E 27.00 FEET TO AN INTERSECTION WITH
THE NORTHWESTERLY 25 FOOT CURVED RIGHT OF WAY LINE OF S.W. LANDAU
STREET AND POINT OF BEGINNING.THENCE ALONG SAID RIGHT OF WAY LINE ON THE
ARC OF A 250.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
42°14'23"(THE CHORD OF WHICH BEARS N 62°19'19"E 180.16 FEET)AN ARC DISTANCE
OF 184.31 FEET TO AN INTERSECTION WITH A 212.00 FOOT RADIUS CURVE BEING 27.00
FEET RADIAL TO THE CURVE FROM THE CENTERLINE OF THE FUTURE REALIGNMENT
OF S_W_7e AVENUE;TI- MCE ALONG THE ARC OF A 212.00 FOOT RADIUS CURVE TO
THE LEFT HAVING A CENTRAL ANGLE OF 15053'1,6"{THE CHORD OF WHICH BEARS S
22033'15-W 58.60 FEET`}AN ARC DISTANCE OF 58.79 FEET TO A POINT OF TANGENCY;
THENCE S 14036'37"W 18.09 FEET TO A POINT OF CURVE;THENCE ALONG THE ARC OF
A 18.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 76805'04"
(THE CHORD OF WHICH BEARS S 52°39'09"W 22.18 FEET)AN ARC DISTANCE OF 23.90
FEET,TO A POINT THAT IS 27.00 FEET NORTHERLY OF AT RIGHT ANGLES TO THE
SOUTH LINE OF SAID SECTION 25;THENCE PARALLEL WITH THE SOUTH LINE OF
SECTION 25,N 89818'19"W 114.88 FEET TO THE POINT OF BEGINNING.
CONTAINING:3,241 SQUARE FEET.
Exhibit B"
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