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Ordinance No. 85-36 CITY OF TIGARD, OREGON ` ORDINANCE NO, 85-.S(11 AN ORDINANCE VACATING A PORTION OF SW 122NO AVENUE DEAR GREENWAY CE'NT'ER AWO DECLARING AN EFFECTIVE DATE. __� - - �---- WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return this parcel along SW i2:2nd Avenue to the property owners to facilitate future development; and e WHEREAS, the vacation is recommended by the Planning Commission and the City Engineer; and WHEREAS, in accordance with ORS 271.100, and TNTC Section 15.08. 110, the Council fixed a time and place for the public hearing and the Recorder published notice and 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 prejudiced as provided b ORS 271.120 and TMC public interest will not be p 1 p y Section 15.08,130; and WHEREAS, t.:he Council finds that it is in the public interest to approve the request to vacate a portion of SW 122nd Avenue near Greenway Center because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following condition is necessary to vacate said land: This vacation shall not be effective until the effective date of this ordinance and i 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 1: the Tigard CityCouncil hereby orders the vacation of that portion of Std Tigard Street as described on the attached Exhibit "A" and shown on the attached Exhibit "B", and by this reference made parts hereof. '1 ORDINANCE N10. 85-3 Pace 1 Sectiorl 22: The . Tigard City Cuuricil further orders that the vacation be subject to the following condition: This vacation shall not be effective until the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor and Surveyor. S.c1iori 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: By th}`ic�nir vote of all Council members present after, being read by number and title only, thiseaT� day of a 4- 1985. _ _ Deputy City Recorder •- City of Tigard APPROVED: 1"?pisC7 day ofp�'nr,.�e r 1985. City of Tigard , CC Li. F; ORDINANCE NO. 85-• -3� [ Page 2. 1w/3214A e.i_� ''.`„�. �` -'a-� _ w. _..M:..,. .-. -:,.. 444 �,�• EXHIBIT "A" A portion of SW 122nd Avenue (County Road No.358) in the Northwest quarter of Section 34, Township 1 South, Range 1 West, W.M. City of Tigard, Washington County, Oregon, said portion being more particularly described as follows: Beginning at the Northwest corner of "Woodspring Condominiums" a plat of record in said county, and running thence South 891052'27" West, along the Westerly extension of the North Line thereof, 40.00 feet to the West right—of-way line of said county road No.358; thence South 00005'42" East 585.07 feet; thence North 89054'50" East 250.32 feet to the intersection with a line 30 feet West of the centerline of SW 121st Avenue (County Road No.2005), when measured at right angles; thence parallel with the centerline of said SW 121st Avenue, North 00007'33" West 40.00 feet to a point on the South line of the plat of "Woodspring Condominiums"; thence along the boundary thereof, South 89054'50" West 210.30 feet and North 000Ga'42" ;:est 545.10 feet to the point of beginning. Excepting therefrom the following described tract of lura lying within the — above described portion of County Road No. 358. A tract of land situated in the MW 1/4, Section 34, T.18. , R.1W. , W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Commencing at a point on the center•li.ne of SW 122nd Avenue, said point also being the Southeast corner of that tract of land conveyed to Portland Fixture Co., recorded in Fee No. 78--09703, Washington County deed records; thence, South 000542"East, along the said centerline of SW 122nd Avenue, 7.38 feet to the point of beginning; thence, South 8905227" West, 32.01 feet; thence, alorg the arc of a 25.00 radius curve to the left, through a central angle of 220032'37" (chord bears South 2002352" East, 46.90 feet) an arc length of 96.23 feet; thence, North 89052'27" East, 15.74 feet to a point of the said centerline of 81*4 122nd Avenue; thence, North 0005'42" West, along the said centerline of SW 122nd Avenue, 44.00 feet to the point of beginning. ! 6 110 S & J Builders f w Street Vacation ; 4--30-35 3100 a Boundar Affecta i �v.. 5 i!°SY is"W �f' w ao w wou a wase w ree�r Wash. of tlo &64.96 ?1 i Map B S.W. + SPF�9�iG�hlO®® �� Abutting p l, 90022, X024 ^' + 32( C `1 Affected p 9w z12! 22 24 Cd 209CC23 4 P A4 43&63 14 909 v In Area to be �lG.�. 8 Vacated G:. a 721 17 9W5 `~ .4 13 90013 g Y A \59115 9014 o q q0LIt0 X12 z �. 90c+09-c- 10'3 •fie, .. 7 ', �'�,. i � 900075'� & a iii t 4 p t t a *CST Si T4 cm.: rt` Hag ISI 34BC 615 ij4 4 '_ �:. 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