Ordinance No. 70-21 CITY OF TIGARD, OREGON
ORDINANCE No.70-1ZL
AN ORDINANCE VACATING A PORTION OF A DEDICATED, UNOPENED STREET
IN THE N.E.1/4 OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M,,
INVOLVING THE LANDS OF GEORGE PENROSi, ET UA AND SCHOOL DISTRICT N23J,
rlASHINGTON CUUNL11Y, OREGON.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section l: The Council finds that pursuant to §271.130 O.R.S., by
resolution the Council initiated proceedin,s to vara*ie a
portion of an unopened, dedicated street as hereinafter described,
and a hearing was thereby called to be held at the regular Council
meeting on June 22, 1970.
Section 2: The Council further finds that due and regular notice of
"'- said hearing with respect to the proposed vacating of
those certain lands hereinafter described was given as required by
§§271.130 and 271.110 O.R.S.
Section 3: The Council further finds that pursuant to said resolution
w and notice, a hearing, was duly and regularly held by the
Council at its regular meeting of June 22, 1970 at 8:00 p.m., at the
Fouler Junior High School within the City, the time, date and place
previously appointed for said hearing, whereat all objections filed
thereto and all persons and parties interested were duly and regu-
larly heard.
Section 4: The Council further finds that the owners of a majority
of the area affected, computed as provided in §271•O80 ORS,
have not objected in writing; and the Council finds that the portion,
of dedicated unopened street hereinafter described has not been opened
or used by the public for a period of more than 20 years and that, all
owners of property abutting thereon have access to their property
from some other public highway. The Council further finds that the
proposed vacation wjll not substantially affect the market value of
the property abutting upon the area proposed to he vacated, and that
the public interest will not be prejudiced by the vacau on of said
portion of dedicated unopened street as hereinafter described.
Section s: The Council further finds that there has teen filed by
the Citv Recorder in her office a certificate showing
that all city liens and all taxes have been paid on that portion of
the lands proposed to be vacated as hereinafter described.
Sec tion 6: In consideraticn of the foregoing findings by the Council,
the following described portion of dedicated unopened
street or roadway in the N.E.1/4 of Section 11, T2S, R1W, W.A., Wash-
ington County, Oregon, be, and the same is hereby, vacated and all.
rights of the public arising by reason of the dedication thereof be,
and the same are herEby, annulled andheld frr naught:
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Beginning at a point on the East line of Lot 37, TIGARD-
VILLE HEIGHTS, Washington County, Oregon, 40 feet South
of the Mortbeast corner thereof, thence South along said
East line to a point 25 feet North of the Northwest corner
of Lot 40, TIGARDVILLE HEIGHTS; thence East parallel to
the ?North line of Lots 40, 41 and 44, TIGARDVILLE HEIGHTS,
and along the Nobth line of that certain area described
In deed of dedication in .Book 427 page 499, Deed Records,
to the Northeast corner of said dedicated area as so de-
scribed; thence South along the East line of said ded-
sated area as so described and along the East line of
dedicated area described in Book 427 page 169 Deed Records
to a point on the West line of PINEBROOK TERRACE South
25 feet from the Northwest corner of PINEBROOK TERRACE,
said point being also the Southwest corner of area
described in deed of dedication in Book 427 page 169 Deed
Records; thence West along the South line of said area
described in deed of dedication in Book 427 page 169
Deed Records, and the same extended to a point 40 feet West
of the West line of Lot 40, TIGARDVILLE HEIGHTS; thence
North parallel to the West line of said Lot 40 and parallel
to the East line of Lot , , TIGARDVILLE HEIGHTS, to a
point South 89° 38' WesC'Afrom the point of beginning;
thence North 890 38' East 40 feet to the point of beginning
of this description.
Section 7: That thr, title to the area hereby vacated shall be deter-
mined as provided in §271.140 O.R.S.
Section 9: The City Recorder be, and she is hereby, authorized and
directed to file with each of the following offices of
Washington County, a certified copy of this ordinance
(a) Department of Revenue and Taxation
(b) County Surveyor, Department of Public. Works
(c) Department of Records and Elections, Recording Division
Section 9: The City Recorder be, and she is hereby, authorized and
directed to pay to Washington County, Oregon, the fees
required to be paid as prescribed by §271.230 O.R.S., sub-section (2)
thereof, and any other and further fees for recording services re-
quired pursuant hereto, said payments to be made from the funds depos-
ited heretofore by School District #23J, Washington County, Oregon,
and the City Recorder be, and she is further hereby authorized and
directed to reimburse the City Treasury with all costs incurred in
this proceeding from the deposit heretofore made by School District
#23J as provided by §271.110(3) O.RS. and to refund the surplus, if
any, of said deposit to said School District.
Section 10: Inasmuch as it is necessary for the peace, health and
safety of the people of :he City of Tigard, and to pre-
serve the integrity of the titles to the lands affected hereby, an
emergency is hereby declared to ex: st, and this ordinance shall be
effective upon its passage by the Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present, after
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being read three times by number and title only,
this 22nd day of June, 19'10.
Recorder - _ty of `tgard
APPROVED: By the Mayor, this 22nd day of June, 1970.
ayor - ity 0f 9 r
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