Ordinance No. 67-70 CITY OF TIGARD, OREGON
ORDINANCE No.67- 0
AN ORDINANCE VACATING A PORTION OF A DEDICATED UNOPENED
I
STREET, BEING A PORTION OF THE CUL-DE-SAC ON 94th A`ENUE BETWEEN {
GREENBURG ROAD AND SOUTHWEST NORTH DAKOTA STREET, IN .THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, a petition was filed with the City Recorder of the
City of Tigard, Oregon, on the 23rd day of October, 1967 request-
ing the vacation of a portion of a dedicated unopened street
within the City of Tigard, the same being a portion of the cul-de-
sac on 94th Avenue between Greenburg Road and S. W. North Dakota
Street, said petition setting forth a description of the ground
proposed to be vacated, the purpose for which the ground was pro-
posed to be used, and the reason for such vacation, and being sub-
mitted by KAY LIVINGSTON and BESSIE LIVINGSTON, IVAN E. SNOOK and
MAXINE SNOOK, beingthe owners of all abutting property; and
WHEREAS, there was filed with the City Recorder the consent
of the owners of not less than two-thirds in area of the real prop-
erty affected thereby, being the land lying on either side of 94th
Avenue and extending laterally 200 feat Easterly and Westerly from
94th Avenue .and extending a like lateral distance on either side of
94th Avenue .for 1100 feet along its course beyond each terminus of
the part proposed to be vacated, said owners having duly consented
to the said vacating in writing, duly acknowledged before an officer
authorized to take acknowledgments of deeds; and
WHEREAS, the City Recorder of the City of Tigard has found
the said petition to be legally sufficient, and she duly filed the
same in her office on the 23rd day of October, 1967 and duly informed
at least one of the petitioners that the petition would come before
the City Council at its regular meeting on October 23, 1967; and
WHEREAS, the said petition was brought before the City Council
at its regular meeting on October 23, 1967, and a resolution was then
duly passed by the City Council fixing Monday, the 27th day of Novem-
ber, 1967 at the hour of 8:00 p.m., and the City Hall of said City,
as the time and place of hearing of said petition; and
WHEREAS, notice of the petition and hearing was given by pub-
1shing in the Tigard Times, a newspaper published in the City of
Tigard, once each week for four consecutive weegs, and further notice
was given by the City Recorder of the pendency of said petition and
of said hearing by posting a notice thereof at or near each end of
the proposed vacation, headed "Notice of Street Vacation", and by
posting in two other conspicuous places in the proposed vacation
area, all of said posting being performed on October 25, 1967, more
than twenty-eight days before the said rearing; and
WHEREAS, the petitioners were called upon. and did deposit
with the City Recorder a sum sufficient to cover the estimated cost
of publication, posting and anticipated e-penses; and
WHEREAS, at the time fixed by the governing body for hearing
of petition and any objections filed thereto, the Tigard City Council
Page 1 - ORDINANCE No.67-
did hear all parties appearing in favor of said petition, and no
one appearing in opposition thereto; and
_ WHEREAS, the City Council thereupon determined that the con-
sent of the owners of the requisite area had been obtained, that
notice had been duly ga,an, and that the public interest would not
be prejudiced by the vacation of said part of said street as herein-
s
after described;
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
'{
Section 1: That the following described portion of a dedicated
unopened street, being a portion of the cul-de-sac on
94th Avenue between Greenburg Road and S. W. North Dakota Street,
,> be, and the same is hereby vacated and the rights of the public
€ therein and thereto be, and the same are, hereby annulled and held
for naught:
All that portion of the cul-de-sac of 94th Avenue
lying East of a line drawn from the Southwest
corner of Lot 3, THOMAS TERRACE, to the Northwest
corner of Lot 2, MILLER;
z
All that portion of the cul-de-sac lying West of
a line drawn from the Southeast corner of Lot 6
} to the Northeast corner of Lot 7, MILLED.
Section 2: This ordinance shall be effective on and after the 31st
day after its enactment by the City Council of Tigard,
and approval by the Mayor.
PASSED: By unanimous vote of all council members present, after
being read three times by number and title only, this
27th day of November, 1967.
3f-Rocader - City � y igard
APPROVED: By the Mayor this 27th day of November, 1967.
r M yor - City o .Eard
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