Ordinance No. 88-19 R
CI 1Y OF' TIGARD, OREGON
(r ORDINANCE NO. 88-- !
1.
AN ORDINANCE VACATING A PORrI:ON OF SW 791H AVENUE, A D:::D:iCFATCO PUBLIC
RIGHT--OF-WAY LOCATED WITHIN DURHAM ACRES, A RECORDED SUBDIVISION PLA f, IN FHE
CI-1Y OF TIGARD, WASHINGTON COUNTY, OREGON, j
i
WHEREAS, the City recently completed a capital improvement, in conjunction
with the Mara Woods subdivision development, known as the SW 79th Avenue/SW
Bonita Road irite rsection realignment; project.; and
WHEREAS, it appears that a portion of the SW 79th Avenue right--of--way is no
longer- needed for, public purposes as a result of said realignment project; and
WHEREAS, a vacation request was received and filed with the City Recorder; and
WHEREAS, the reason and purpose for- this vacation is to return a portion of E
the SW 79th Avenue right.-of-.-way to private ownership; and i
i
WHEREAS, the vacation is recommended by the Planning Commission and the }}
Department of Community Development; and E
e
WHEREAS, in accordance with ORS 271.100, the TMC Section 15.08.13.0, 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
i'
WHEREAS, notice has bacon mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in URS 271.080; and
WHEREAS, the Council, having held a hearing on July 25, 1.988, finds the public
interest will riots be prejudiced by the vacation as provided by ORS 271.120 and
TMC Section 15.08.130; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land; `
1. That a general public utility easement be retained over a portion of the
area to be vacated to accommodate existing and future public utilities. t'
Said easement: area being described in the attached Exhibit "B."
2. 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-,
THE CITY OF TIGARD ORDAINS AS FOLLOWS; f
r
Section 1: The Tigard City Council hereby orders the vacation of a portion of
Sid 79th Avenue as described and shown on the attached Exhibit "A," e
and by this reference Trude part herouf.
K4
ORDINANCE N0.
Page 1
i
Section 2, The Tigard City Council further orders that the vacation be
subject to the following conditions:
1. That a general public. utility easement be retained over, a
f _ portion of the area to be vacated to accommodate existing and {
future public. utilities. Said easement area being described in
the attached Exhibit "B." f
2. The vacation shall not be effective until the effective date t
of this Ordinance, and a certified copy of this Ordinance has j
been recorded with the Washington County Clerk, Assessor, and i
Surveyor.
Section 3: This Ordinance shall be effective can the 31st day after its
enactment by the City Council and approved by the Mayor, subjcact- to the terms
and conditions included within the Ordinance.
i
PASSED: By Lt�Ctnj tY _ vote of all Council members present s
after eing read by number and title only, this _ y� day
of
Cherine Wheatley, Deputy Ci&y Recorder
Zai 1
APPROVED: This ��� _ day of C 1988.
m
Thomas M. Brian, Mayor _
Approved as to form: r
Gity (lttorn y
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ORDINANCE NO. 88'-
Page 2
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SW 79th Avemu S4. •e.et Vacation
a
That portion of SW 79th Avenue (County Road 933, being 40 feet wide) situated
in the Northwest quarter of Section 12., Township 2 South, Range 1 West,
Willamette Meridian, City of Tigard, Washington County, Oregon, as shown on
the plat of DURHAM ACRES, a recorded plat of -said county's plat records
described as follows:
Beginning at the point on the centerline of said S.W. 79th Avenue that lies 3O
feet, when measured at right angles, from the centerline of S.W. Bonita Road
(County Road 736, being 40 feet wide); thence parallel with and 30 feet from
the centerline of said S.W. Bonita Road, N 88042'32"W 20 feet to a point on
the west right-of-way line of said S.W. 79th Avenue, said point also being on
the east boundary of MARA WOODS, a recorded plat of said county's plat
h records; thence on said west right-of-way line S 0053'37"W, 66.49 feet to a '
point on a nontangent 82.39 foot radius curve concave to the northeast; thence
leaving said right-of-way and east boundary of MARA WOODS, southeasterly on
said 82.39 foot radius curve (the long chord of which bears S 42034'43"E, 6.67
t feet) 6.67 feet to a point of reverse curvature; thence southeasterly on a 150
foot radius curve concave to the southwest (the long chord of which bears
S32°31`11"E, 64.31 feet) 64.81 feet to a point on the east right-of-sway of
said S.W. 79th Avenue; thence on said right-of.--way N0053`37"E, 124.73 feet to
a point that lies 30 feet0(when measured at right angles) from the centerline
of S.W. Bonita Road thence 30 feet from and parallel with said centerline
M88042'32"fit, 20 feet to the point of beginning, containing 3,637 square feet.
Basis of Bearing, plat of MARA WGODS
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EXHIBIT "B"
'The easterly 20 feet of that portion of SW 79th Avenue (County Road 933, being
40 feet wide) situated in the Northwest quarter, of Section 12, Township 2
South, Range 1 West, Willamette Meridian, City of Tigard, Watf•iington County,
Oregon, as shown on the plat of DURHAM ACRES, a recorded plat of said county's
plat records described as follows:
Beginning at the point on the centerline of said S.W. 79th Avenue that lies 30
feet, when measured at right angles, from the centerline of S.W. Bonita Road
(County Road 736, being 40 feet wide); thence parallel with and 30 feet from
the centerline of said S.W. Bonita Road, N 88042'32"W 20 feet to a point on
the west right-of--way line of said S.W. 79th Avenue, said point also being on
the east boundary of MARA WOODS, a recorded plat of said county's plat
records; thence on said west right-of--way line S 0053'37"W, 66.49 feet to a
paint on a nontangent 82.39 foot radius curve concave to the northeast; thence
leaving said right--of-way and east boundary of MARA WOODS, southeasterly on
said 82.39 foot radius curve (the long chord of which bears S 421134'43"E, 6.67
f feet) 6:67 feet to a paint of reverse curvature; theme southeasterly an a 15O
foot radius curve concave to the southwest (the lung chord of which bears
S32°31'11"E, 64.31 feet) 64.61 fe€t to a point on the east right-of-way of
e said S.W. 79th Avenue; thence on said right-of way N0053'37"E, 124.73 feet to
a point that lies 30 feet (when measured at right angles) from the centerline
of S.W. Bonita Road; thence 30 feet from and parallel with said centerline
N06042'32"W, 20 feet to the point of beginning, containing 3,637 square feet.
Basis of Bearing, pian of MARA WOODS
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