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Ordinance No. 75-17 CITY OF TIGARD, OREGON f. ORDINANCE No, 75-/_ AN ORDINANCE VACATING A DEDICATED UNDEVELOPED 40 FOOT WIDE PUBLIC RIGHT-OF-WAY BEING COUNTY ROAD No. 893, COMMONLY KNOWN AS S.W- LUCAS AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that Resolution No. 75-12 was adopt?d by the Council on February 10, 1975 relating to the vacation of the hereinafter described dedicated undeveloped public right-of-way and that a public hearing was thereby called to be held on March 24, 1975, and that notice of said hearing was given, as required by Chapter 271.110 O.R.S., as set forth in said resolution. Section 2: The Council further finds that a public hearing as thereby called to be held, was duly and regularly h--id at the regular Council meeting on March 24, 1975, at which time and place the Council afforded all interested persons an opportunity to be heard for or against the proposed vacation of said lands, and the Council further considered all objections thereto. Section 3: The Council further finds that a majority of the owners sipin ofthe area affected by said proposed vacation, computed the Chapter 271.080 O.R.S., did not gbject thereto in writing and that owners affected thereby did, in fact, favor the vacation of said area; and the Council finds that said vacation will not substantially affect the market value of any abutting property, Section 4: The Council further finds that the public interest will not be prejudiced by the vacation of the hereinafter described lands and that the said lands are not useful as part of the public street or road system of the City of Tigard and that it is in the public interest that said vacation be approved. Section 5: The Council further finds that the City recording c_'ficer has filed in her office a certificate showing that all city liens and taxes, if any, have been paid on the lands proposed to be vacated. Section 6: The following described portion of dedicated unopened street be and the same is hereby vacated and discontinued as a public way: As described in Exhibit "A", attached hereto and by reference made a part hereof. Section 7: That the City Recorder be, and she is hereby authorized and directed to have a certified copy of this ordinance filed for record with the following Washington County departments: 1. Department of Records & Elections 2. Department of Revenue & Taxation - Attn: Assessor 3. Department of'Public Works - Attn: County Surveyor all as required by'Chapter 271.150 O.R.S. Section 8: This ordinance shall be effective on and after the 31st day after its enactment by the City Council, and approval by the Mayor. PASSED: by vote of all Council members present, after being read three times by number and title only, this day of 1975. Fj City 9e�order APPROVED: By the Mayor, this �/ day of. /—4 , 1975. Mayor ORDINANCE No. 75- — r EXHIBIT "A" An undeveloped dedicated roadway being County Road No. 893, commonly known as S.W. Lucas Avenue, situated within Lot 21 and Lot 22 of North Tigardvil.le Addition, Amended Plat, a subdivision of record in Washington County, Oregon; said roadway being 40 feet in width and lying 9-0 'Feet, when measured at right angles, left and right of the following described centerline: Beginning at the centerline terminus point of that portion of vacated County Road No. 893, said terminus point being on the North bank of Fanno Creek, as described in (and filed under) County Road No. 1586 order dated November 6th, 1946, in Washington County, Oregon, Vacation Proceding Records; running thence North 23°40' East, along the herein described centerline of existing County Road No. 893, a distance of 667.2 feet, more or less, to the terminal point of this centerline description; said terminal point of this description bears South 23° 40' West a distance of 10.0 feet from a one inch diameter iron_ pipe on the South right-of-way boundary line of 40 foot wide County Road No. 767 (S.W. Tigard Street); said iron pipe bears North 64°49' West a distance of 232 feet from the line between Lot 21 and 60 of said Amended Plat and is the terminus point of County Road No. 893. ORDINANCE No. 75-