Ordinance No. 85-37 CITY OF T'IGARD, OREGON
ORDINANCE NO. 85-_32
AN, RDI r.__ .
AN 0,.�,�NP.N_� VACATING A PORTION OF SW 6?1"N AVENUE AND CLINTONCLINI"ON ST'
AND
DECLARING AN EFFECTIV GATE.
WHEREAS, the Tigard City Council .'initiated this vacation request pursuant to
Section 15.08.060 of the Tigard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to return the area within
SW 67th Avenue and Clinton Street to the adjacent property owners to
facilitate future development possibilities; and
WHEREAS, the vacation is recommended by the Planning Commission and the City
Engineer; and
WHEREAS, in accordance with ORS 271.100, and TMC 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
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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 portion of SW 67th Avenue and Clinton Street because the
public interest will not be prejudiced; and
WHEREAS, the Council finds that tYae following conditions are necessary to
vacate said land
o A private ingress/egress easement be retained on SW 67th Avenue from
the South line of SW Baylor Street, 15 feet on both sides of the
existing right-of-way centerline, to the North line of the Oregon
Department of Transportation Control Access Line. Said easement
must contained the notarized signatures of all abutting property k
owners to 67th Avenue and be in a form approved by the Tigard City
Attorney's office. Said easement shall be recorded with this
ordinance to make the vacation effective.
0 The Street Vacation should be granted for transportation
right-of-way purposes, however., a public easement for utility
purposes shall be retained over the entire area.
o This vacation for tran3portation right-of-way purposes 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.
`
ORi1FNANCE NO. 85- �
Page 1 `
�,i
BYE
MOM
,
THE CITY OF TIGARD ORDAINS A:, FOLLOWS-. �
Section� 1: The Tigard City Council hereby orders the vacation for
transportation right-of-way purposes of that portion of SW 67th Avenue and
Clinton Street as described on the attached Exhibit "A" and shown on the
attached Exhibit "B", and by this reference made parts hereof.
Section 2: The Tigard City Council further orders that the vacation be
subject to the following conditions:
t
o A private ingress/egress easement be retained on SW 67th Avenue from
the South line of SW Baylor Street, 15 feet on both sides of the a
existing right-of-way centerline, to the North line of the Oregon
Department of transportation Control Access line. Said easement
must contained the notarized signatures of all abutting property
owners to 67th Avenue and be in a form approved by the Tigard City
Attorney's office. Said easement shall be recorded with this i
ordinance to make the vacation effective.
o The Street Vacation should be granted for transportation
right-of-way purposes, however-, a public easement for utility
purposes shall. be retained over the entire area.
o This vacation for transportation right--of-way purposes 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 clergy., assessor and surveyor. �
.`
Section In no situation shall this ordinance be effective until the 31st
dn.y after its enactment by the City Council and approval by the Mayor.
PASSED: By L%LY�Ck �!i i Yl s t�__ note cif all Council members present after
�
bei n read by number and title only, this ! 611-w day
of rr� r�. 1985.
Ceeputy City Recorder - City of Tigard
APPROVED: This ', day of 1985.
Hopw City of Tigard +
ORDINANCE NO. 85- � f
Page2
�> lw/3214A
k
LEGAL DESCRIPTION FOR VACATIOV Of STREETS FOR JERRY CASH
A parcel of land in the plat of WEST PORTLAND HEIGHTS, Washington County,
Oregon; the said parcel being a portion of S.W. 67th Avenue and S.W.
Clinton Street abutting Blocks 7, 8, 13, and 14 in said plat described as
follows:
Beginning at the Northeast corner of Lot 33, said Block 13; thence North
along the East line of said Block 13, 175 feet to the Northeast corner
thereof; thence East 30 feet; thence North 60 feet ; thence West 30 feet to
the Southeast corner of said Block 8; thence North along the East line of
said Block 8, 450 feet to the Northeast corner thereof; thence East 60 feet
to the Northwest corner of said Block 7; thence South along the West line
of said Block 7, 450 feet to the Southwest corner thereof; thence East
along the South line of said Block 7, 193 feet more or less to the Access
Control Line of the Southbound Exit Ramp of the Haines Road Interchange;
thence Southwesterly along said Access Control Line 53.25 feet more or less
to the North line of said Block 14; thence West along said North line 173
feet more or less to the Northwest corner of said Block 14; thence South
along the 'nest line of said Block 14, 146.87 feet more or less to the
{ Access Control Line of the Southbound Exit Ramp of the Haines Road Inter-
change; thence Southwesterly 66.25 feet to the point of beginning.
Save and except an easement for utility purposes.
Save and except an easement for ingress and egress over and across the
following described parcel:
A strip of land 30 feet in width being 15 feet on each side of the
following described center line: Beginning at a point 30 feet East of the
Northeast corner of said Block 8, WEST PORTLAND HEIGHTS; thence South
parallel to the East line of said Block 8, 670.94 feet to a point on the
said Access Control Line. This easement for ingress and egress is for the
use of abutting properties only and it may be terminated by mutual consent
of the abutting property owners.
10001/42
PROPOSED VACATION OF
.. SW 67TH AVE & CUNTON ST IN
SEC 36 TIS RI
WASHINGTON CO, OR
(0�1AY 1985 SCALE I81=100'
BAYLOR STREET
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CLINTON STREET
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