Ordinance No. 76-51 f
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CITY OF TIGARD, OREGON
ORDINANCE No. 76--,5'/
AN ORDINANCE VACATING PORTIONS OF A DEDICATED STREET WITHIN
THE SUBDIVISION OF KINGSTON, CITY OF TIGARD.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council finds that on the 8th day of November,
1976, by Resolution No. 76-91, the City Council initiated
proceedings pursuant to ORS 271.130 to vacate portions of a dedicated
street within the Subdivision of "KINGSTON" within the city. The
portion to be dedicated is described in exhibit "A" attached to
this ordinance and by this reference made a part of it.
_Section 2: The City Council finds that proper notice was given as
required by ORS 271.110 of the time and place for hearing
of the proposed vacation and public hearing was duly and regularly
held by the Council on December 13, 1976, at Fowler Junior High School
within the City, and all objections to the vacation were properly
heard and considered, and all interested persons appearing were
given an opportunity to be heard.
Section 3: The Council finds that the public interests will not be
prejudiced by a vacation of the portions of the street
described in exhibit "A" and the Council finds that the vacation
of the area described in exhibit "A" is in the public interest.
Section 4: The vacation of the property described in exhibit "A"
is hereby approved.
Section 5: Nothing in this ordinance shall cause or require the
removal or abandonment of any sewer, gas or water main,
electrical conduit, or any other public utility facility, and the
rights of the owner or owners of any such public utilities to maintain,
continue, repair, reconstruct, renew, replace, rebuild, or enlarge any
and all such facilities shall be preserved without alteration. No
building or structure of any kind shall be built or erected within a
distance of ten feet from the center line of any such utility line,
except with the written consent of the Department of Public Works of
the City of Tigard and of the owner of the utility. Any and all f
contemplated building plans in the vacated area shall be submitted
for approval to the City Department of Public Works, to the end that
such construction may be so adjusted with reference to all public
utilities in the area as to cause a minimum danger or inconvenience '
to the public and to the owner of the utilities, and to protect and
preserve the same as presently constructed or hereafter reconstructed,
renewed, or replaced or enlarged.
ORDINANCE NO. 76-
Page One.
Section 6: This ordinance shall become effective on the 30th day
following its enactment.
PASSED: By unanimous vote of all Council members present, after
being read three times by number and title only, this
13th day of December, 1976.
Recorder, City of Ti , Oregon
APPROVED: By the Mayor this 13th day of December, 1976.
Mayor, City of Tigard, O egon
ORDINANCE NO. 76-
Page Two
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1 EXHIBIT "A"
1 Beginning at a 5/8" iron rod marking the.Northwesterly corner of Lot 17,
Block 1 of Kingston Plat, also being on the easterly right-of-way line of
S.W. Pacific Highway hest, in the County of Washington and State of Oregon;
thence South 45033'16" East 94.28 feet along the southerly line of Lot
17 to the westerly right-of-way line of S.W. Main Street, 40.0 feet from
centerline when measured at right angles thereto; thence South 47°57'4411
West 46.19 feet along said westerly right-of-way to a 5/8" iron rod; thence
North 41007'22" West 94.12 feet to a 5/8" iron rod on the easterly right-of-way
line of S.W. Pacific Highway West; thence North 47°57'44" East 38.91 feet to the
point of beginning.
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