Ordinance No. 87-08 CITY OF TIGARD, OREGON
ORDINANCE N0, 87—Cv
AN ORDINANCE VACATING A PORTION OF SW INEZ STREET (NEAR SW 97TH AVENUE) 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 a portion of SW
Inez Street to private ownership facilitating the development of Butler
Terrace Subdivision; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; 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 February 23, 1987, finds the
public interest will not be prejudice,. 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 Inez Street right—of way because the public
interest will not be prejudiced; and
WHEREAS, _the Council finds that the following conditions are necessary to
vacate said land:
1. That a p=...,-anent pedestrian/bikewav easement he retained
c
portion of the vacated area, said portion being described in the
attached Exhibit B. The terms and conditions of said easement
being those standard terms and conditions adopted by the City
for use with pedestrian/bikeway casements and reading as follows:
A bicycle way and pedestrian way, which may be used by
pedestrians and non—motorized mechanical means of
transportation, such as bicycles and for no other purposes,
and for said purposes to place, construct, operate, replace,
maintain, inspect, reconstruct and install necessary
improvements, and the right to enter upon such premises for
said purposes.
ORDINANCE NO. 87- 08
Page 1
The City shall have the right at any time to enter upon the
above described real property for the purposes hereinabove
mentioned, and in connection therewith may remove any trees,
shrubs or brush necessary or convenient to accomplish said
purposes.
The underlying title owners, their heirs, successors, assigns
or representatives shall not construct or maintain any
building or other structures upon the above described real
property.
The underlying title owners will reserve the right to utilize
the said area for all private lawful purposes which do not
unreasonably interfere with or are not inconsistent with the
uses thereof by the grantee and the public for the purposes
herein stated.
ONt
It is expressly understood that this easement does not convey
any right, title or interest except those expressly stated in
.L • iiur lVICIWnt Grantors frcm the full
111A 15a P-.
ZV
use and dominion hereover; provided, however, that such use
shall not interfere with the uses and purposes of the intent
of the easement.
i.
In consideration of the premises, the City agrees that if
said City, its successors or assigns should cause said
easement to be vacated, the right of the City in the
above—described easement will be forfeited and shall
immediately revert to the underlying title owners, their
successors and assigns in the case of such event.
2. The vacation shall not be effective until the effective date of
this ordinance, and a certified copy of this ordinance has been
recorded with the Washington County Clerk, Assessor, and
Surveyor. is
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Stari':i nn 7 Tho Tigya-t4 ri i-u t.+hOf N o,,.}inn of t
SW Inez Street (near 97th Avenue) as described on the attached Exhibit "A,
and by this reference made parts hereof.
f
Section 2: The Tigard City Council further orders that the vacation be
subject to the following conditions:
t
1. That a permanent pedestrian/bikeway easement be retained over a
portion of the vacated area, said portion being described in the
attached Exhibit B. The terms and conditions of said easement
being those standard terms and conditions adopted by the City
for use with pedestrian/bikeway easements and reading as follows:
ORDINANCE NO. 87—
Page ?.
s
A bicycle way and pedestrian way, which may be used by
pedestrians and non-motorized mechanical means of
transportation, such as bicycles and for no other purposes,
and for said purposes to place, construct, operate, replace,
maintain, inspect, reconstruct and install necessary
improvements, and the right to enter upon such premises for
said purposes.
The City shall have the right at any time to enter upon the
above described real property for the purposes hereinabove
mentioned, and in connection therewith may remove any trees,
shrubs or brush necessary or GG-11v2,,'2Qnt tQ ?rrmmPl i Rh said
3
purposes.
f
The underlying tittle owners, their heirs, successors, assigns
or representatives shall not construct or maintain any
building or other structures upon the above described real k
property.
Thp underlvinq title owners will reserve the right to utilize
the said area for all private lawful purposes which do not
unreasonably interfere with or are not inconsistent with the
uses thereof by the grantee and the public for the purposes
herein stated. r
It is expressly understood that this easement does not convey ,
any right, title or interest except those expressly stated in
this easement, nor otherwise prevent Grantors from the full
use and dominion hereover; provided, however, that such us--
shall
s^shall not interfere with the uses and purposes of the intent
of the easement. `
t
In consideration of the premises, the City agrees that if s
said City, its successors or assigns should cause said
easement to be vacated, the right of the City in the
E_
above-described easement will be forfeited and shall
immediately revert to the underlying title owners, their
successors and assigns in the case of such event.
2. The vacation shall not be effective until the affective date of
this ordinance, and a certified copy of this ordinance has been
recorded with the Washington County Clerk, Assessor, and
Surveyor.
ORDINANCE NO. 97--
06
Page g
i
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: Rv _ unanimous dote of all Council members present after
being read by number and title only, this 23rd_ day
of February 1987.
/r
tcarrr�2--.-Wi4-5a�r,- -+eor�4e*
Catherine Wheatley, Deputy Recorder
APPROVED: This 23rd day of February 1987.
Thomas Brian, Mayor
ORDINANCE No. 87
Page 4
lw/4487A
EXHIBIT "A"
'°` Description of Area to be Vacated
A portion of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of
Penrose Terrace Subdivision.
Beginning at a point which is mouth 0043'30" West, 24.24 feet from the
Southeast corner of Lot 33, TIGARDVIL..L.:E HEIGHTS, a plat of record in the
Northwest quarter of Section 11, Township 2 South, Range 1 West, Willamette
Meridian, City of Tigard, Washington County, Oregon; t'ri�:riee from said
beginning point continuing South 0043'30" West along the West line of
PENROSE TERRACE, a plat of record, 15.76 feet; thence South 89052'02" West,
490.32 feet to the Easterly right-of-way of S.W. 97th Avenue; thence Northerly
along said right-of-way 40.00 feet to the South line of said Lot 33,
TIGARDVILLE HEIGHTS; thence North 89052'02" East, along said South line
225.21 feet; thence along the arc of a 45.00 foot radius, non-tangent curve to
the left 86.78 feet to an Iron Rod (the radius point bears Northeasterly and
the chord bears South 69012'40" Fast; 73.45 fppt); thpncp along the arc of a
16.00 foot radius curve to the right 9.29 feet to an Iron Rod (the long chord
bears North 72010'38" East, 9.16 feet); thence North 88048'50" East, 66.39
feet to an Iron Rod; thence along the arc of a 1183.91 foot radius curve to
the right 48.96 feet (the long chord bears North 89059'55" East, 48.96
feet); thence South 68049'00" East, 72.50 feet to the point of beginning.
4547A
C:.
_ fn
® s to
QV I - ulIono
W v :>r IO , O
�j RpS s O ,° O
O•." �I t=+n a '�::,
P _ ` IQ~IwV ~I ^ MO e Iit
T 1i1 V•
0
0 4$1.".
•o nt.fftA
aero
4 Is
i
/ • - I 1
.., s a f „ ee , •:,•..
n!f!
17th. "JAVENU€ >s h�.=, ,�•��._� S.W. T '.. acpit,
C W NO ,99
Lqr fl'!!
•f 0,•aP r r fll�� 11!.61 �e,•!•r
Y aIo _ � uIA
..r I5I vo
► /
I �Tol
i / Y
a l 00
I Y ' C
r ;.I'. ^ + n
41.
® I /
N ra
— — ' I — I
I _
I N I
it
N Iv YI. I6 ryu.�� '� •1 p.• �N` I
' �th
.
i".1
c�T
1 •OSA s -:' ,N� Vr� -.�
.00
• .o . y e
s : ,00 fo y eo
m
1.,
00
� •� � 8 ''rd '0 6 cN'ti IO lS � '� Yx:
too
W.
0 remati wmr ® mrm
k
EXHIBIT "B"
r Description of Area to be Retained as a Pedestrian/Bikeway Easement
Tht portion of land located in the Northwest quarter of Section 11, Township 1
South, Range 1 West, Willamette Meridian, and being more particularly
described as follows:
Beginning at the southwest corner of Lot 1, Butler Terrce, a recorded Plat,
Washington County Plat Records; thence North 00046'52" East, on the west
line of said Lot 1, 20.0 feet; thence South 89052'02" West approximately 125
teet to the east rignL--or"--way ii'r�t of a.VV 97th Avcnu �r^' !`ta Read 1962); -
thence southerly on said east right-of-way line on a nontangent 477.46 foot
radius curve concave to the west, 20 foot; thence North 89052'02" East 105
feet; thence South 00046'52° West, 20 feet; thence North 89052'02" Eest
140.41 feet; thence North 00007'58" West 12.97 feet to a 45-foot radius
curve on the south right-of-way line of S.W. Inez Street; thence northeasterly
on said 45 foot radius curve (the chord bears North 44030'57" West 19.84
feet), 20 feet to the point of beginning, containing approximately .12 acres.
IS 7 A
7iJTI fl
P
5
q
is � -.r..rr .rai/H9'u•';vi�}^'."•.-'�.':'..v..n. .
Ifirr
o• ® � I'�f p� � I nIP �� �A � u m
W �n t .n
O
nai
or-
O 'I
�)
rn
C' + 1T' y 10 J G• u p tO ' V L't ��
4 1 � � I.T. - ..:� • I �I�'Y`f�{{.I{ t uu� yu
T.y a IN
o
a J gl
1s O
+a. o`' JJE + u t0 I •: I If{T1
4 !T
�7th1 jAVENUE C a x :, =I rl S.VV. T l
c a No I�e�
Ul.il
tYi �0,124
•f`'r
M VI ^ I
1h ^ 0;.1,.
d
+s
IP
rN
1 p�� I I � l oo t' �o oo+r� � •v.v �fffmm�_ � .ee at � t s
O N C N O
`e.4 I O � •oae. 1 I.eo•rrw h.,s °,• �'$.ro .�.�
4
�]y ®7/�
_ �Cl1, _1 �_ ►._ CT of
11 •00 r 0.t
F � 106:0
LA
Y -.Iv N ` 100 +o 21.1 i 14
c 0 .o+.o. 77
s�reb..lr 5 �� -- 'SI tIP�� ��,. IS[ es•.% �: t