Ordinance No. 79-33 CITY OF TIGARD, 04EGON
ORDINANCE No. 79-_-
AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF AN UNNAMED 30 FOOT WIDE
RIGHT-OF-WAX IN ROSEWOOD ACRE TRACTS IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON.
THE CITY OF TIGARD ORDAINS AS FOLLOWS: It
Section 1: The Council finds that Resolution No. 79-32 was adopted by the Council
on March 12, 1979, relating to the vacation of the hereinafter
described dedicated unopened portion of a public way and that a public hearing was
thereby called to be held on April 2.3, 1979, 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 held at the regular Council meeting
on April 23, 1979, 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, the Council further considered all objections thereto.
Section 3: The Council further finds that a majority of the owners of the area
affected by said proposed vacation, computed on the basis provided E
by Chapter 271.080 O.R.S., diu not object thereto in writing and that owners
affected hereby 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 officer 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. j
Y
Section 6: The following described portion of dedicated unopened street be and the
same is hereby vacated and discontinued as a public way for the full
length and width of said portion of street:
As described in Exhibit "A", attached hereto and by reference
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made a part hereof,
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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 Waahington County departments: r
r, r
1. Department of Records & Elections r
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.
ORDINANCE No. 79-- Zq
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: vote of all Council members present,
after being read two times by number and title only, this day
of - to�TL , 1979.
City Recorder
APPROVED: This g_3 day of 1979, by the Mayor.
i
Yor
PACE 2 -
ORDINANCE No. 79-
EXHIBIT "A"
A tract of land in the NE4j NEk, Section 13, Tocroship 2 South,
Range 1 West, W.M., Washington County, Oregon, being a portion of the
30.00 foot roadway dedicated to the public in "Rosewood Acre Tracts"
a subdivision of record in the Washington County towr, plats, and on
the North line of said plat. Said portion being more particularly
described as follows:
Commencing at the Northeast corner of "Rosewood Acre Tracts",
being the Northeast corner of said SAction 13, also being the
Northeast corner of said road; thence S 890 34' W along the North line
of said road 319.2 feet to the Southwest corner of that tract described
in deed to the State of Oregon, by and through its State Highway
Commission, recorded in Book 166 at page 415 of the Washington County
Deed records, and the true point of beginning of the tract herein
described; thence S 080 02'12" W 30.33 feet (to a point on a line
described as running from the above described true point of. beginning,
Southerly in a straight line to the Southwesterly line of said State
of Oregon property described in said Book 346, Page 268, at a point
200 feet Westerly of, when measured at right angles to, the center
line of the Pacific Highway, formerly West Portland-Hubbard Highway,
which center line is referred to in that deed to the State of Oregon,
by and through its State Highway Commission, recorded in Book 166,
Page 679, of Washington County Record of Deeds); thence along the
` North line of lot "E" of "Rosewood Acre Tracts", S 890 34° W 218,84
feet to the Northeasterly right-of-way line of the Southern Pacific
Railroad; thence along said Railroad, on a non-tangent 2496.64 foot
radius curve to the right, 39.98 feet along the arc (the long chord
bears N 410 48' 25" W 39.98 feet) to the North line of said
1/Rosewood Acre Tracts";thence N 890 34' E 249.73 feet to the true
paint of beginning, containing 0.16 acres more or less.
ORDINANCE No 79