Ordinance No. 86-47 CITY OF TIGARD, OREGON
ORDINANCE NO. 86-
AN ORDINANCE VACATING A PORTION OF SW PINE STREET (ADJACENT TO SW MAIN $1khE!'
NEAR SW OFFICE SUPPLY) 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 return the street
right-of-way to the property owner to allow for an upgrade to the parking area
r
currently in existence; and
---- ded tip, the Planning Commission and the Citv
WHEREAS, the vacation �.s r•e4�im��tr..". �, _.._ . __.. ., _
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
WHEREAS, the Council, having held a hearing on October 13, 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 street right-of-way area because the public interest
will not be prejudiced; and
WHEREAS, the Councilfinds that the following conditions are necessary to
vacate said land:
1. Property owners adjoining the area to be vacated shall provide
the City Recorder with a mutual access and maintenance
agreement. Thi-_ ahMooTant shall include a 1egal description and
map of the access area. 'rhe complete agreement shall be
recorded with Washington County upon approval of the City
_Attorney and Engineering Division. The adjoining owners may
propose an alternative to mutual access, however, any
alternative must meet the approval of the Development Services
Division (Building, Planning, and Engineering).
2. That, an easement for public utility purposes be retained over
the following portions of the area to be vacated:
a. The northeasterly twenty feet extending from SW Pacific
Highway to SW Main Street.
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.d ORDINANCE NO. 86
Page 1
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b. The northwesterly five feet adjoining the 'SW Pacific Highway
right-of--way and extending from the northeasterly
right-of-way line to the southwesterly right-of-way of SW
Pine Street,
3, A traffic circulation plan shall be submitted by the adjoining k.
property owners and approved by the Engineering Division. Said
Plan shall address inciress and egress on S. 1-1. Main Street and
possibly on S, W. Commercial Street if State Highway _
right-of-way behind existing, buildings is to be utilized,
k2.
4. A permit from the State Highway Division, if their right-of-way
is utilized, shall be required. A copy shall be provided to the
Engineering Division.
5, Existing parking in area shall not be reduced without approval
of the City Council. '
6, The vacation shall not be effective until the affective date of
this ordinance; Conditions 1, 2, 3 and 4 above are complied
with; and a certified copy of this ordinance has been recorded
FI<__,__ ... "har4 Assessor, and Survevor, _-
with tiie urdsniny wn Count-- vac
4,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation of that portion
of SW Pine Street (adjacent to SW Main 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:
1. Property owners adjoining the area to be vacated shall provide '
the City Recorder with a mutual access and maintenance
agreement. This agreement shall include a legal description and
map of the access area. The complete agreement shall be
recorded with Washington County upon approval of the City
Attorney and Engineering Division. The adjoining owners may
propose an alternative to mutual access, however, any
alternative must meet the approval of the Development Services
Division (Building, Planning, and Engineering).
2. That an easement for public utility purposes be retained over
the following portions of the area to be vacated:
a. The northeasterly twenty feet extending from SW Pacific
Highway to SW Main Street.
b. The northwesterly five feet adjoining the SW Pacific Highway
right-of-sway and extending from the northeasterly
right-of--way line to the southwesterly right-of-way of SW
Pine Street,
a
ORDINANCE NO, is6
Page 2
lw/4099A
3. A traffic circulation plan shall be submitted by the adjoining
property owners and approved by the Engineering Division. Said
Plan shall address ingress and egress on S. W. Main Street and
possibly on S. W. Commercial Street if State Highway
right-of-way behind exixting buildings is to be utilized,
4. A permit from the State Highway Division, if their right-of-ijay
is utilized, shall be required. A copy shall be provided to the
Engineering Division.
5. Existing parking in area shall not be reduced without approval
of the City Council.
6. The vacation shall not be effective until the effective date of _
this ordinance; Conditions 1, 2, 3 and 4 above are complied
with; and a certified copy 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: S ! r nc 1 , em_)c. .. csent -afte-
BY ��' r\� VY�Ci�.y� VOLe UI +iia �rvu„"a ., r."•"
being read by number and title only, this /27_ day
off��`2��4 F� 1986.
N
{ l
- Loreen R. Wilson, Acting Recorder
APPROVED: This r day of 1986.
n Cook, Mayor
y
9 `fin P`
ORDINANCE NO. 86-
Page 3-
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i
EXHIBIT "A"
LEGAL DESCRIPTION FOR PINE STREET VACATION
jtqjA'Cr-.NT
_W MAN ISTREE )
ry _ _ '
That portion of SW gine Street in Section 2, Township 2 Soucn, RamiWest,
1 t,
Willamette Meridian, Washington County, Oregon described as follo'w's:
Beginning at a point on the southerly right-of-way line of SW Pacific Hi,,,naay
(99W), South 47051'44" West, 38.91 feet from the northwesterly corner of Lot
-- ..___.__ A r-,.ended slat, Washington County plat records; thence
17, Block i, Rlrlyawn, .,, . ..�..
South 47051144" West, 11.18 feet to a point, thence North 45"33'10" west,
5 feet; thence South 53013'57" West on said highway right-of-way, 38.54
feet; thence South 41007'22" East, 102.55 feet to a point on the northerly
line of Sw Main Street; thence North 47657'44" East 50 feet on said
northerly. line; and thence North 41007'22" West, 94.12 feet to the Poirot Of
beginni.a.
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