Ordinance No. 83-53 CITY OF TIGARD, OREGON
ORDINANCE NO. 83-,:0
AN ORDINANCE VACATING A PORTION OF SW 67TH AVENUE AND SW GONZAGA STREET, A
DEDICATED PUBLIC RIGHT-OF-WAY, IN THE CITY OF TIGARD, WASHINGTON COUNTY;
OREGON. �---
Section 1: The Council finds:
1. Resolution No. 83-98, adopted by the Council on October 10, 1983,
initiated proceedings for the vacation of a portion of SW 67th
Avenue & SW Gonzaga Street located within the City of Tigard and
shown on the attached map.
2. The purpose of the vacation is to comply with Comprehensive NPO
#4 Plan calling for super blocks. 67th Street immediately to the
north and south has been vacated. Gonzaga Street is unimproved
and the area could be used for parking and landscaping.
3. The vacation is recommended by the City's Development Committee
under the conditions set forth below.
o Reservation of utility easements.
o Mutual access agreement or waiver of access for all properties
abutting said vacation be signed.
4. In accordance with ORS 271.100, the Council fixed a time and
�. place for the public hearing before the Council; the Recorder
published notice and posted notice in the area proposed to be
vacated.
S. The Council having held a public hearing finds no objections were
made or filed hereto as provided by ORS 271.120.
6. The Council finds that it is in the public interest to approve
the petition, subject to conditions, because no public purpose or
use can be served by the vacated portions of the street and the
vacated portions are too small to qualify for a development
permit. There are utilities within this portion of the street,
however.
Section 2: The City of Tigard Ordains As Follows:
1. All of that portion of SW Gonzaga Street lying between the west
line of SW 66th Avenue and the west line of SW 67th Avenue and
all of that portion of SW 67th Avenue lying between the south
dine of SW Franklin Street and the south line of SW Gonzaga
Street as these streets are laid out in the plat of West Portland
Heights, a recorded plat in Washington County, Oregon, be vacated
subject to the following conditions and restrictions:
a. Nothing contained herein shall cause or require the removal
or abandonment of any sewer or gas main, ,cunduit of any kind,
wire, pole or facility used, or intended to be used for any
public service; and the right hereby is reserved for the owner of
Page 1 of 2
ORDINANCE NO. 83- _
® any such utility or facility to maintain, continue, repair,
reconstruct, renew, replace, rebuild and/or enlarge any acid all
such things; that no building or structure of any kind shall be 4
built or erected within a distance of ten feet from the
centerline of any such utility, except with the prior written
consent of the City Z^-ineer and the owner of the utility and ((
that any and all contemp)ated building plans in said vacated area
shall be submitted for approval to the City Engineer and to the
Building Official, to the end that such construction may be so
adjusteu with reference to all public utilities in said area as
to cause a minimum of danger or inconvenience to the public and
to the owner of such utility and to protect and preserve the same
as presently constructed or herein reconstructed, renewed,
replaced and/or enlarged.
b. Petitioners shall provide the City Recorder with a mutual
access agre-ement or waiver of access, for all properties abutting
said vacation.
2. The Recorder shall, at the expense of the petitioners, file with
the County Clerk, County Assessor and County Sca✓eyor a certified
copy of this ordinance and the acceptance thereof, and any map,
plat or other record which may be required by law.
Section 3: 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 61/,]a n IV170U -s vote of all Council members present,
after being read by number and title only, this iH - day
of 6 yv- 1983.
City Recorder
i
APPROVED: By the Mayor, this /yam` day of ZVpU ppr , 1983.
7 �y
44ey-er Pnos, oy- C-444" v i
Approved as to form:
City Attorney
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ORDINANCE NO. 83- .�
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