Ordinance No. 87-09 CITY OF TIGARD, OREGON
ORDINANCE NO. 87-Oq
AN ORDINANCE VACATING A PORTION OF SW 66TH AVENUE (FROM SW ATLANTA STREET TO ---
SW BAYLOR STREET) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
SC-c—;. _�,nA,i,di1 of the Tiqard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to return a portion of SW
66th Avenue to private ownership facilitating future development; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; and
WHEREAS, in accordance �y;th npc 271 lnn and TMC Saction 45.08.110,
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 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 66th Avenue right-of-way because the public
interest will not be prejudiced; and
WHEREAS, the Council finds that the fallowing conditions are necessary to
vacate said land:
1. That the southerly 60 feet of the proposed vacation not be
vacated for traffic circulation and street improvement reasons
an stated earlier. The revised area to be vacated being shown
in Exhibit "B
2. Subject to adequate land being vacated to the Tigard Water
District, a private easement for ingress and egress be granted
to the northerly abutting property owner (single family
residence) from the southerly abutting property owner (Tigard
Water District). The easement document and area description, as
mutually agreed upon by the owners of Tax Lot 100 and Tax Lot
600, to be approved by the City Attorney and Engineering
Division.
3. That a 20-foot wide easement be retained to the benefit
(grantee) of Metzger Water District and Portland General
Electric for the operation and maintenance of their services
over the west 20 feet of the area to be vacated
ORDINANCE NO. 87-aC
Page
4. 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.
THE CITY OF TIGARD OR0AIWS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation of a portion of
SW 66th Avenue (from Atlanta Street through its intersection with SW Baylor
Street) as described on the attached Exhibit "A" and shown on the attached
Exhibit "B", and by this reference made parts hereof.
Rection 2: The Tia, :"'l City C-Ounce.! further orders that the vacation be ..
subject to the following condition:
1. That the southerly 60 feet of the proposed vacation not be ;
vacated for traffic circulation and street improvement reasons
as stated earlier. The revised area to be vacated being shown
in Exhibit "B,"
2. Sabject to adequate land being vacated to the Tigard Water --
District, a private easement for ingress and egress be granted
to the northerly abutting property owner (single family
residence) from the southerly abutting proppr.y owner (Tigard
Water District). The easement document and area description, as
mutually agreed upon by the owners of Tax Lot 100 and Tax Lot
600, to be approved by the City Attorney and Engineering
Division.
3. That a 20-foot wide easement be retained to the benefit
(grantee) of Metzger Water District and Portland General
Electric for the operation and maintenance of their services
over the west 20 feet of the area to be vacated.
4. 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.
Section 3: In no situation shall this ordinance be effective until the 31st
J_.. cL •a i-- approval by the
uay a'¢, v<� a ai�aa�.�menL by the City l+OUnCi1 ar'iV iip.p...._-_ � Mayor.
PASSED: By unanimous vote of all Council members present after
being read by number and title only, this 23rd day
of February 1987. 3
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✓( CL-t-�l,.CJ1.c�tiP ���.Q(lc.�
6ereert R•--W��serrr-G��y�-Reeewe�at$--
Catherine Wheatley, Deputy Recorder
APPROVED: This 23rd day of February 1987.
Thomas Brian, Mayor
RC:cn/0670W
ORDINANCE NO. 87-y�
' Page 2
EXHIBIT "A"
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A tract of land located in the southeast quarter of Section 36, Township 1
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South, Range 1 West, Willamette Meridian, City of Tigard, Nashington County, p`p
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Oregon, more particularly described as follo�was:
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Beginning at the rwrthwa5t cori-le-r of Zvi; ..%e, Biock 4, west Portland q
Heights, a recorded plat, Washington County Plat Records; thence South 010 06'
East, on the east line of said Block 4 and its southerly extension, 368.9 feet
to the northeast corner of Block 7, said West Portland Heights; thence North
^^� Got r.aa .n.n^e:mafnlu M foot to tha wast richt-of-..eau line of Tn*arstate
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Highway No. 5; thence North, on said west right-of-way line, approximately 60
feet to the easterly extension of the north right-of-way line of S.W. Baylor
Street; thence South 880 53' West on said easterly extension approximately 10
feet to the east right-of-way line of S.W. 66th Avenue; thence North 010 06'
West on said east right-of-way line, 308.9 feet to the easterly extension of
the north line of said Block 4; thence South 880 53' West on said easterly
extension, 60 feet to the point of beginning, containing approximately .52
acres.
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EXHIBIT" "B"
A tract of land located in the southeast quarter of Section 36, Township 1
South, Range 1 West, Willamette Meridian, City of Tigard, Washington County,
Oregon, more particularly described as follows:
Beginning at the northeast corner of Lot 24, Block 4, West Portland
un4ahi_a• wnenr ^4 plat WAghi,nciton County Plat Records; thence South 010 06'
East, on the east line of said Block 4, 308.9 feet to the southeast corner of
said Block 4, said West Portland Heights; thence North 880 53' East
approximately 60 feet to the west right-of-way line of Interstate Highway
Ain 5; said line haina also the east right-of-way line of S.W. 66th Avenue;
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thence North, on said west right-of-way line, North 010 06' West 308.9 feet to
the easterly extension of the north line of said Block 4; thence South 880 53'
West on said easterly extension to the point of beginning.
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