Ordinance No. 87-10 CITY OF TIGARD, OREGON
ORDINANCE NO. 87- ID
AN ORDINANCE VACA"T"ING A PORTION OF SW 67TH AVENUE AND S.W. ATLANTA STREET AND
DECLARING AN EFFECTIVE DATE
WHEREAS, the Tigard City Council initiatod this vacation requost pursuant to
Section 15.08.040 of the Tigard Municipal Code; and
WHER-AS, the reason and purpose for this vacation is to return a portion of SW
67th Avenue and S.W. Haines Street to private ownership to eliminate excess
right--of-way area; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; and
WHEREAS, in accordance with ORS 2.71.100, and TMO at::uLlu-'rl 1 ;.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
ares, and all owners in the affected area, as described in ORS 271.080; and
Ivi1; Ir2cAS, the COu'riCii, �iaviliy held a hic:dritig url March 9, 1987, filidJ th& 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 67th Avenue and SW Haines Street
rights-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:
I. An easement for operation and maintenance of facilities be
retained over all that portion of vacated "lands north of Block
9,. WEST PORTLAIIUrMv 11EIGn= YLeOIS t'111E'ftL -11
.11 the benefit 01 thlz$
JIIgLl
rest solely with the Metzger Water District.
2. That the benefiting property owner of this vacation, Health
Physics Northwest, demonstrate to the City Engineering Division
that the Oregon Depvrtment of Transportation has adequate legal
access to their guardrail on S.W. Atlanta/Haines Street. This
condition must be satisfied within one year of the date of
pass:,ge of the vacation Ordinance, otherwise the complete
vacation will become null and void.
3. 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.
ORDINANCE NO. 87-�Q
Page 1
i
THE CITY OF TIGARD ORDAINS AS FOLLOWS: P
Section 1: The Tigard City Council hereby orders the vacation of a portion of
ESW 67th Avenue & SW Atlanta Street as described and shown on the attached
Exhibit "A"; and by this reference made part hereof.
Section 2: The Tigard City Council further orders that the vacation be
subject to the following condition:
1. An easement for operation and maintenance of facilities he
retained over all that portion of vacated lands north of Block
3, WEST PORTLAND HEIGHT'S. The benefit of this easement shall
- rest solely with the Metzger Water District.
2. That the benefiting property owner of this vacation, Health
Physics Northwest, demonstrate to the Cit, Engineering Division
that the Oregon Department of Transportation has adequate legal
access to their guardrail on S.W. Atlanta/Haines Street. This
condition must be satisfied within one year of the date of
^=ssRge of the vacation Ordinance, otherwise the complete
vacation will become null and void.
3. 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
day after its enactment by the City Council and approval by the Mayor.
PASSED: By 11hLl hl 0U S vote of all Council members present after
being read by number and title only, this q day x
of ` �CLnC�_ 1987.
Catherine D, Wheatley, Deputy Recorder '
APPROVED: This day of /'/�1� 1987.
Thomas Brian, Mayor
.; cw/4503A
ORDINANCE NO. 87—
Page 2
4
34t{ ro�cuoto
\�WR�
"YL1'y�,73tis 'mi _ :{.,.}fv{d }.`tit:}}.•{:.+{tied{ti$;i s
E DATA .` ti d}'h:ti ` •'::{:•}•.•ti L•J S:;S
:tiy, � +v •{i�}}fi.:�� •r of{}} •1\
OS
R
::,,,v t,.v`:-'.•Cf}.:+3.Y• ti=::��7:G`''z:� P o P E 0 341
17'20" � � {'•h•:•x=`� '' •:!}::Stili �¢:p
` ''u'"`f"'`" '.'•}'• VACATION
X8.73 TL�CW .. 't.,••:L`:A• •.�t}{'Lti$' r}'�•C'{ � ::,.:{v::::•::•"•}:{;}: xx{•.:• �`i /
98
3+4.Z
jqqo
/ jaG"0
®.�
YSiG•.5 :, 1
NoWTIA WAST
343.7 346-4 •'.
240,-K _ 341.8 ?a
344.9 _ 1
O A f_
Ra(000
a
3 4.8 '� 0
342.9
y34.7.2
3V"O,1K I
34 b
343.5 343.9
N 890 59 55 E fzN0000Er,oRoN
100.23
ll-Q
3-+4-& 34 5WAr
• 3 � Q ftvlt. t c s
.., E
• F
EXHIBIT "A"
LEGAL DESCRIPTION FOR SW 67TH AVENUE AND S.W. ATLANTA STREET
STREET VACATION
i
Beginning at the Southeast Corner of Lot 20, Block 3 WEST PORTLAND HEIGHTS, a
plat of record in the Southeast Quarter of Section 36, TIS, RM, W.M.,
Washington County, Oregon and running thence North along the East line of said
Block 3, 128.80 feet to the Northeast Corner thereof, thence S 88052'45"
along the North Line of said Block 3, 89.90 feet to an Iron Rod on the
Southerly Right-of-Way of Southwest Haines Road opposite Engineer's Centerline
Station -'H" bu+96.61 (at so-0'i feet), thence along t" saia southerly
"_gst-of-l-4 on a 208,73 foot radius curve parallel with and 30.0 foot distant
from said Engineer's "H" Centerline (the center of which bears Southeasterly
and the Long Chord of which bears N 75029105" E, 98.02 feet) 98.94 feet to a
point opposite said Engineer's Centerline Station "H" 49+83.65 thence South
parail,al W _ll •.r V-4- Li^.e of Rlnck 3- 1.51.61 feet to a point, thence
�u.l
S 89059'55" W, 5.00 feet to the point of beginning.
Containing 2105 square feet, more or less.
cw/4503A
F