Ordinance No. 86-17 CITY OF TIGARD, OREGON
ORDINANCC 140, 86—-/_
AN ORDINANCE VACA*rING CERTAIN SIDE YARD UTILITY EASEMENTS WITHIN AMART SUMMER
LAKE III SUBDIVISION AND 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, tsie reason and purpose for this vacation is to return the side yard
utility easement areas to the adjacent property owners to facilitate
development of the lots within said subdivision; 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
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
it WHEREAS, the Council, having held a hearing on March 24, 1986, finds the
public interest will not be prejudiced by the vacation as provided by ORS
271.120 and TMC Section 15.09.130; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate the side yard utility easement areas within said subdivision
because the public interest will not be prejudic:,d; and
WHEREAS, the Council, finds that the following condition is necessary to vacate y.
said land:
The 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 beer, recorded with the Washington County Clerk,
!
Assessor-, and Surveyor.
f
I THE CITY OF TIGARD ORDAIN: AS FOLLOWS:
t
Section 1: The Tigard City Council hereby orders the vacation of that portion
of side yard utility easement areas within Amart Summer Lake III Subdivision
` as described on the attached Exhibit "A" and shown on the attached Exhibit
"S", and by this reference made parts hereof.
Section 2 The Tigard City Council further orders that the vacation be
subject to the following condition:
ORDINANCE NO. 86--_..L:17
Page 1
lw/3690A
The 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.
Section "s: 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 �R�KLI'kY&`�S vote of all Council members present after
being read by number and title only, this J7-h� day
of 1986
Wl_oree�nR. Wilson, Deputy Recorder
APPROVED: This day of 1986.
�" ohn E, Cook, Mayor
s;
ORDINANCE ice. 96--w11
Page 2
aw
EXHIBIT "A"
G 9= DAVID EvAn3 nnD A330CIATE3, inc.
fio 2626 SW CORBETT nVEnu( PORTLnnD,OREGOn 97201 503/223.6663
ART02I
2-4-86
C.L.H.
LEGAL DESCRIPTION
A portion of AMART SUMMER LAKE NO. 3, a plat of record in the
Northeast one-quarter of Section 33, Township 1 South, Rariqe 1.
West, Willamette Meridian, Washington County, Oregon, recorded
in Book 60, Page 37 and 38, Washington County Plat Records,
said portion being that part of the utility easement created
along all side Jot lines by plat restriction number 3 on said
plat of AMART SUMMER LAKE NO. 3, which lies along the lines
common to Lots 153 and 1.54, Lots 154 and 1.55• Lots 155 and
156, Lots 156 anti 1.57, Lots 1.57 and 1.58, Lots 158 and 159,
Lots 159 and 160, Lots 160 and 161, Lots 161 and 1.62, Lots 163
and 164, Lots 164 and 165, Lots 165 and 166, Lots 166 and 167,
Lots 167 and 168, Lots 168 and 1.69, Lots 169 and 1.70, Lots 170
and 171, Lots 1.71 and 1.72, Lots 1.72 and 173, Lots 173 and 174;
also that part which lies within Lot 1.50 along the line common
to Lot 150 and Lot 149; also that part within Lot 151. along
t the line common to Lot 151 and Lot 150; also that part within
Lot 152 along the line common to Lot 152 and Lot 151; also
that part within Lot 152 adjacent to the westerly line of Lot
1.52, all lots being within AMART SUMMER LAKE NO. 3.
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EXHIBIT "B"
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