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Ordinance No. 85-35 CITY OF TIGARD, OREGON ORDINANCE NO. 85-35 a' AN ORDINANCE VACATING A PORTION OF SW 74TH AVENUE NEAR CHERRY DRIVE: AND DECLARING AN EFFECTIVE DALE, ______ r._ ____ .-_____ -----------•----- WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the T igar I MurI »^' WHEREAS, the reason and purpose for this vacation is to return this parcel k along SW 74th Avenue near Cherry Drive to the adjacent property owner to facilitate future development possibilities; and by the Planning Commission and the City WHEREAS, the vacation is recommended Engineer; and �____ +h nnc ??1 Inn and TMC Section 15.09.110, the WHEREA6, in W_CViu&i_1Ce we.. place for the public hearing and the Recorder Council fixed a time and published notice alld posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation ' area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on September 23, 1985, finds the �. public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a parcel of land on SW 74th Avenue near Cherry Drive because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: o The Street Vacation should be granted, however, a public easement for utility purposes shall be retained over the northerly 20 feet of the proposed vacation area. o This vacation shall not be effective until the effective date of this ordinance and it shall be not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section�l: The Tigard City Council hereby orders the vacation of that portion of SW 74th Avenue near Cherry Drive as described on the attached Exhibit °`A" and shown on the attached Exhibit "B", and by this reference made parts hereof. r ORDINANCE NO. 85- 367 Page 1 E a Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: : o The Street Vacation should be granted, however, a public easement for utility purposes shall. be retained over the northerly 20 feet of the proposed vacation area. o This vacation shall not be effective until the effective date of dire•nce and .f -hall be riot effective until a certified copy 1.111`✓ urs..a,,...,,.,... .., of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. ; Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. ' PASSED: 9y ULr+c�n;s�1c�� --- vote of all Council members present after - - 1 +;a.1 i., this �.�Ti clay being read �'y r1U111WE'.( and 1-- an cy, 2` of �.�s�_ 1985. Q ,*Dy Gity Recorder — City of Tigard t t 4> RPPROVEU: This day of _, 1985. i Ciity Of Tigard ; i r: ORDINANCE NO. 95— —o>'Z) Page 2 lie/32144 S f 9= i(�+ DAVID EVAn,5 nnD ASSQCIATES , inc. 2626 3W iORBETT AVENUE PORTLAM,oiRE6on 9720) • 503/223 6663 September 10, 1984 File No. WIP016 S.W. 74TH AVENUE VACATION OF A PORTION OF RIGHT-OF-WAY A tract of land situated in the Southeast one-quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian in the City of Tigard, Washington County, Oregon, described as fol-- lows: Beginning at the Southeast corner of Lot 43, Rolling Hills No. 2, A duly recorded plat, which point lies in the West line of S.W. 74th Avenue; thence South 88°30' 24" East, 10 feet, more or less to the true point of beginning; thence South 88°30'24" East, 40 feet, more or less to the East line of S.W. 74th Avenue; thence along said East lire, South 01°25' 41" West, 44. 63 feet to the present terminus of S.W. 74th Avenue, which point lies in the North line of Lot 2, Tech Center Business Park, a duly recorded plat; thence along said North line, North 88°30 '24"West, 40 feet, more or less, to the West line of S.W. 74th Avenue; thence along said West line, North 01°25' 41" East, 44 .63 feet to the true point of beginning. Containing an area of 1785 square feet or 0.041 acres, more or less. r FOX 5•I,KL'IiT VACATION S.W. 74 L'h Ave nue I t 'b 1 E --9-85 300 14') --- - — n 3400 "" AC I cr Nw t6A 370 ` TOA 0 4� _ w a X 300 -i o o b A!9 4•w �.!�•}d ry 4 X430 L�"^'r'' 00 3701 .4y AG. Ac .OBA• 40 -T&A3 mr.s to e1•2 1wn sre.a4 _ Ih i /.Ul1N/.. .. b 37 ap+24,w i 7i w.g n u e@ got w 310 0 v .'15 CHERRY 0 ), ®RIVE P rcaN C.x N0 2070 s 140© 1330 w 50(1 ® i ,o 19 lWash. Co. Tax Asap - . o v 10 b„ 256 IDC o 42 43 0 3� Nft� � ' o -0 q� s Boundary .ias9m of INITIAL g c. N 3& OT w affected ^ 1.7. ., area 9s ss.s7 ,zoo p ' s• 441$4 Abutting 4 Properties s�961i� N .r��� 31 v �1 SS.t♦ 244 60 S.Ba•3ti 2?'a 3 .6y 2O�Y4 0 AffectedArea to 4600 Properties be vacated iD. e v N 0 4: i1 ¢ Scale: 1"-100` • •" ® Ow� TWO. "34 ia 71 p s @� pp'�� o L �� 1J a4�91wa Bial lit ' ada.>L o 1 t a O i b 419 C -- ' 9P STONE t6T OIL• t0A ....... .a„,n, --- +a w. naaaea as 39 �a•