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Ordinance No. 86-44 CITY OF TIGARD, OREGON ORDINANCE NO. 86-_ I- � rw- AN ORDINANCE VACATING CERTAIN UTILITYtH sCi fciu T ^:D A ROAD RIGHT-OF-WAY AREA WITHIN KNEELAND ESTATES 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, the reason and purpose for this vacation is to comply wiiil a La.,: Usc Decision Condition to allow replatting of a portion of the subdivision; and WHEREAS, the vacation is recommended by the Planning Commission and the City Engineer with conditions; 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 ____ �___ #- s w,,,,,, ma;lnrl to all property owners abutting said vacation WHEREAS, notice L.oca t<.. area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on September 8, 1986, 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 the utility easements and a road right-of-way area area within said subdivision because the public interest will not be prejudiced; and ® "E"I'Sth^ Council finds that the following conditions are necessary to Yvn """ vacate said land and that the first condition will require a reduction in the area to be vacated and this is reflected in the attached Exhibit "A The conditions shall be: A 6-foot wide general utility easement shall be adjacent to SW 93rd ayeani,@ as requested by General Telephone Company and Portland General Electric. 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. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section is The Tigard,City Council hereby orders the vacation of that portion of utility easements and certain road right-of-way areas within Kneeland Estates Subdivision as described on the attached Exhibit "A" and shown on the attached Exhibit "B", and by this reference made parts hereof. ORDINANCE NO. 86 Page 1 1w/3967A' Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: A 6-font w=ide general utility easement shall be adjacent to SW 93rd Avenue as requested by General Telephone Company and Portland Caneral Electric. The vacation shall not be effectiv ur�tll the efi 44C L I ve ©aze OT" Lnis °r ordinance and it shall not be effective until a certified copy of thin ordinance has ween recorded with the Washington County Clerk, Assessor, and Surveyor. Section 3.: In no situation shall this ordinance be effective -,nt,— t'.e 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By ({,�� iyy/ac�5 vote of all Council members present after being read by number and title only, this day of 5e1 1986. a / �_, cid,,✓ Teen R. Wilson, Acting Recorder APPROVED; This rth _ day of ` p T (ivy , 1986. `4m .^.--E. Cook, yor ORDINANCE NO. 86- Page 2 lw/3967A w`y EXHIBIT "A" r These easements lie in the NE 1/4 of Section 14, Township 2 South, Range 1 West, of the Willamette Meriuian, City of Tigard, Washington County, Or ;on, more pafP ti.cular ly described as: 30' Roadway Easement - - That certain 30 foot strip of land running exactly parallel to and J V411rh of the northerly proper-ty line of Lot 127 Kneeland Estates No. 2, a recorded Plat, Washington county Plat records, bounded on the weast by the westerly property line of said Lot 127 and on the east by a line 6 feet westerly and parallel of the easeriy property line of said Lot 127" Said easement was provided for_ ingress and egress. 5' Utility Easement Along Lot 128 That certain 5 foot strip of land running exactly parallel to and north of the southerly property line of Lot 128 Kneeland Estates No. 2, a record plat, Washington county Plat records, bounded on the west by the westerly line of said Lot 128 and on the east by a line 6 feet westerly and parallel of the easterly property line of said Lot 128. Said easement was granted for public utilities. 10' Utility Easement On Lot 135-136 Beginning at a point 5 feet northerly of the northeast corner of Lot 136 said Kneeland Estates No. 2; said point of beginning being on the easterly property line of Lot 135, said Kneeland Estates No. 2; thence westerly along a line exactly parallel to the north 0 line of said Lot 136 to a point 6 feet east of the west boundary of said Lot 135; thence parallel to said westerly _boundary lu- southerlyalong the west boundary of said Lots 135 and 136 to a point 5 feet south of the north line of said Lot 136; thence easterly along a line exactly parallel to the north boundary line of said Lot 136 to the easterly boundary line of said Lot` 136; i/vi e��or t-herl- an said aagtarty boundary line, 10 feet to the :4,I14-'711ad .y point of beginning. 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