Ordinance No. 87-58 CITY OF TIGARD, OREGON
ORDINANCE NO. 87-„�j$
~ AN ORDINANCE CONCERNING VACATION OF' A PORTION OF SW 69TH AVENUE:, A DEDICATED
PUBLIC RIGHT.--OF--WAY AND ADJOINING PUBLIC UTILITY EASEMENTS WITHIN WAY LEE, A
RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 15.08.040 of the Tigard Municipal Code and ORS 271.130, and
WHEREAS the reason and purpose for this vacation is to assist with the
completion of the SW 68th Parkway Avanue Street LID No. 35, and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; and
WHEREAS, in accordance with ORS 271.100, the TMC Section 15.08. 110, the
Council fixed a time and place for the public hearing and Recorder published
notice and Dosted 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 2.71.080; and
WHEREAS, the Council, having held a hearing on October 26, 1987, finds the
public interest will riot 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 69th Avenue right-of-way and adjoining public
utility easements; the Council finds that the owners of a majority of the area
affected, computed under ORS 271.080, have not objected in writing to the
vacation; the Council finds that the vacation will not substantially affect
the market value of any abutting properties; and
WHEREAS, the Council finds that the following condition is necessary to vacate
said land;
1. 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 ORDAINS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation of a portion of
SW 69th and adjoining public utility easements as described and shown on the
attached Exhibit "A" and Exhibit "B," and by this reference made part hereof.
Section 2: The Tigard City Council further orders that the vacation be
subject to the following condition:
ORDINANCE NO. 87- 0`
Page 1
a. The vacation shall riot 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 approved by the Mayor-.
MASSED: By u 11ani mpus vote of all Council_ members Present after
being read by number and title only, this ? day
ofGo -i" _, 1987.
, City Recorder
APPROVED: This ;)(1' day of .. [1ctob-'cam 1987,
Thomas M. Brian, Mayor
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Approved its to form:
4A
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ORDINANCE NO. 87— ."o
Page
Exhibit "A"
A portion of SW 69th Avenue in the northeast quarter of Section 36, Township P
South, Range 1 West, Willamette Meridian, Washington County Oregon being more
particularly described as follows:
Beginning at a point which bears N 890 43' 42" W 1.00 foot from the southerly.
corner of Lot 2, WAY LEE, a recorded plat of said county's plat records, said
point being on a cueve concave to the northeast having a radius of 171.00
feet through a central
feet; thence northwesterly along said curve 180.52
angle of 600 29' 03"; thence S 296 29' 01" E 141.22 feet to a non-tangent
curve concave to the through centra angleius of 221.00 of 2P° O1' 05`fe thenceence ong
N 00°140'
said curve 61.07 feet hrou g
01°7 W 50.00 feet to the point of beginning.
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.AREA DESCRIBED
CN EXHIBIT A
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Exhibit 8
A portion of Lot 2 WAY LEE, in the City of Tigard, Washington County, Oregon,
being a recorded plat of said county's plat records, situated in the northeast
quarter of Section 36, Township 1 South, Range 1 #st, Willamette Meridian
being more particularly described as follows:
Beginning at the most southerly corner of said Lot 2; thence North 000 40` 00"
West 10 feet to a non-tangent curve concave to the northeast having a radius
of 161 feet; thence westerly and northerly along said curve 170.90 feet
through a central angle of 600 49' 09"; thence S 600 55' 24" W 10 feet to the
cast right-of-way line of SW 69th Avenue as shown on the plat of said WAY LEE,
said point also being on a non-tangent curve coi°.cave to the northeast having a
radius of 171.00 feet; thence southeasterly along said curve 181.52 feet
through a central aggle of 600 49' 09" to the point of beginning.
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