Ordinance No. 05-04 CITY OF TIGARD, OREGON
ORDINANCE NO. 05- Oq
AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY
EASEMENT OF APPROXIMATELY 476 SQUARE FEET LOCATED AT SW PFAFFLE
STREET AT SW 79i1' AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON(VAC2004-00002).
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.0 8,040
of the Tigard Municipal Code on January 11'x', 2005, and has been recommended by the
CoMlliuruty Development Department; and
WHEREAS, the approximate 1,429 square foot public sewer easement had previously been granted
to the public; and
WHEREAS, the applicant has requested that the City of Tigard vacate a 476 square foot portion of
the 1,429 square foot sewer utility easement by reducing its width to the City's inirumurn standard
of 10 feet fiom its present 15 foot width., as described in Exhibit C and shown in Exhibit D located
on property better la-iown as 7935 SW Pfaffle; 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 modern 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
WI-M-REAS, the property owners of the majority of the area affected have not objected in writing.-
and
riting;and
WHEREAS, the City Council having considered the request on February 8, 2005, folds that it is in
the public interest to approve the request to vacate said portion of the 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.
NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 476 square foot
portion of public right-of-way as shown and described in the attached Exhibits
"C" and "D" (legal descriptions and maps of the areas to be vacated), and by
this reference,made part thereof
PASSED: By U[ItIrli mats vote of all Council members present after being read by number
and title only,this �-s L-' day of e , 2005.
ORDINANCE NO.05 D Page I of 2
C.DOCUMi-IICat[iy.0001LOCALS-11Temp\GWViewer\Attac[iment 2-VAC2004-00002 Ord 2.doc
City Recorder—City of Tigard
WA
APPROVED: By Tigard City Council this g day of 2005.
r
Cra Dirksen,Mayor
Approved as to form:
4it Mmey
Date
ORDINANCE NO.05- D�— Page 2 of 2
Attachment 2-VAC2004-00002 Ord 2
OCT 22 2004 10:28 FR '9TEC 500 233 7885 TO 5032CBIISS P. 09fe3
EXHIBIT C
zTec Engineers, Inc.
CIViI 8tructural ♦ Surveying
John McL Middleton P,E, Chris Fischbnm P.L.S. Ronald b.Seliards P.E.
3737 SE&Avenue
poruand,Oregon 97202
503-235-87.95—Fax 503-733-7889
Emall. chris@zteceng1neers-0Dm
QG"l'er 21, 2004
VACA9ON OF A 5 FEET WIDE PORTION OF A SEWER EASEMENT
A parcel of land, being a part of Lot 14 of the recorded Plat of Friendly acres, located In the
southwest one-quarter of Section 36,Township 1 South, Range 1 West, of the Willamette Meridian, to the
City of Tigard, Washington County, Oregon. Said parcel of land also being the Easterly 5.00 feet of a
15.00 foot wide Sewer Easement, benefiting the United Sewerage Agency and recorded in May of 1973 in
Soak 973, Page 540, Washington County deed records, and more particularly described as follows:
Beginning at the Northwest corner of said Lot 14, thence South 88°48517" East, along the
Northerly line of said Lot 14 to a point that is 10.00 feet Easterly of when measured at right angles to the
Westerly line of said Lot 14, said point ging the true point of beginning of the parcel of land herein
described.
-Mence South 00"21'06" Wesht parallel with and. 70.00 feet Easterly of said Westerly line a
distance of 95.29 feet to a point on the Northerly right of way ling of said SIN Pfaffie Street.(-Washington
County Road No. 975); thence south SS°4$50" East along said Northerly right of way line a distance of
5.00 'Feet to a point that is 15.00 feet EastE!dy of when measured at right angles to the Westerly line of
Said lot 14,intone North
Northerly line of�d Lott 14 th the
North 881ine of said Lot 14, a dIsWnce of 95.29
"48`50 West along said Northerly line
fee, to a point an theY
a distance of 5.00 feet to the true paint of binning.
Said Easement area contains an area of 476.45 square feet more or less.
i
w
OCT 22 2104 10:20 FR Z,TEC 503 a33 7889 •TO 5032381138 P.03/03
EXHIBIT A
" FRIENDLY ACRE $ "
TRUE POINT OF ,
BEGINNING Ld 15 f
P.O.B.
S88`9$'501
tKIP
• .
15 SEWER EASEMENT ZJ'
SENEFOG USA.A.
RECORDED MAY 9973
9K. 97 , PG. 540cn
DEED (3)
a
gar 14
4 Jig a
Q
5' EASF AI TO
f
!3E YACAIED
NU050V 114.38' I�
a �
f'7
S.W. PFAFFLE STREET
(CD. RQ. No. 975)
GRAPHIC SCALE .
0 0 15 30 60 1Z�
. � zr9' �'r ) •
I inch = 80 ft
EASEMEJVT EXHIBIT ZT'ec ENGINEERS, INC.
DATE: 10-21-04 ALOT DATE: 10-21-04. FOR�A�a,o- 87HNA9 202
DWS V. JNH CHK @Y JIB 50 � 235-8795
SHEET: i r)F 1 PILE: L31791IXH .57..-m
CLiEhE7'. * TAL. PA8E.003 *
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City of Tigard
i Information on this map is for general location only and
should be vedtied wrath the eeve10pnent Services MISTOn.
° 13125 SW Hall Blvd
Tigard,
OR 97223
(503)699-0171
Community Development htlpJ/WWW.oi.tigard.or.us
Plotdate: lar 26,2005;C:lmagiclMAGIC03.APR