Ordinance No. 90-13 CITY OF TIGARD, OREGON
ORDINANCE NO. 90-L
AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WRY LOCATED ON A PORTION OF S.W.
LOCUST STREET, 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 on March 12, 1990; and
WHEREAS, the reason and purpose for this vacation is to eliminate a certain
portion of public street right-of-way in exchange for the dedication of new
street right-of-way to accommodate the new alignment of S.W. Locust street; and
WHEREAS, all abutting property owners have demonstrated support for the
proposed vacation; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Community Development Department subject to certain conditions as listed below;
and
WHEREAS, all affected service providers including utility companies and
emergency services have reviewed the vacation proposal and have no objections
or concerns, and
WHEREAS, in accordance with ORS 271.100, the TMC 15.08.110, the Council fixed
a time and pla!:a 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 by ORS 271.080; and
WHEREAS, the Council having held a hearing on April 23, 1990 and May 14, 1990,
finds the public interest will not be prejudiced by the vacation as provided by
ORS 271.120 anis TMC Section 15.08.130; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate that certain portion of public street right-of-way for S.W.
Locust Street because the public interest will not be prejudiced; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said lands
1. Weston Investment Company and the City of Tigard shall comply with the
June 22, 1989 agreement between Weston and the City. Weston will convey
to the City, by dedication dead on a form acceptable to the City, the
property required for the realignment of S.W. Locust Street as described
in Exhibit "B".
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
1 ORDINANCE NO. 90-1 I
Page 1
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 that
certain portion of public street right-of-way, as described on
the attached Exhibit "A" and Exhibit "C" (map), and by this
reference made part hereof.
SECTION 2: The Tigard City Council further orders that the vacation be
subject to the following condition:
Wanton Investment Company and the City of Tigard shall
comply with the June 22, 1989 agreement between Weston and
the City. Weston will convey to the City, by dedication
deed on a form acceptable to the City, the property
required for the realignment of S.W. Locust Street as
described in Exhibit "B" and Exhibit "C" (map).
SECTION 3: in no situation shall this ordinance be effective until the 31st
day after its enactment by the City Council, approval by the
Mayor, and after a certified copy of this ordinance has been
recorded with the Washington County Clerk, Assessor, and
Surveyor.
SECTION 4: This ordinance shall be effective 30 days after its passage by
the Council, approval by the Mayor, and posting by the City
Recorder.
PASSED: By ��/?Cr%'7if')?�;cr5 vote of the Council members present after
being read by number and title only, this /��` � day
r of 1990.61
Catherine:Whpatley, City Recordegf
tt�1 ,,- ,✓�.
APPROVED: This day off
raid R. idwards, Mayor
App owed as to fort':
7
Ci y Attorney
cv
Date
LOCUST.ORD/kl
1
ORDINANCE NO. 90- J
Page 2
Westlake Consultants Inc.
Hilltop Business Center
7340 S.W. Hunziker, Suite 204
Tigard, Oregon 972Q3
503-684-0652
Rkl
i ` Locust Street
Vacation EXHIBIT A
Project No. 451-02-89
March 29, 1989
LEGAL DESCRIPTION
A tract of land situated in the N.E. 1/4, Section 35, T.1S. , R.1W. 1 'IF
.-I
City of Tigard, Washington County, Ore on, being more parti-
cularly described as follows:
f..
All that portion of S.W. Locust Street dedicated as public way by the
subdivision plat of "Lehmann Acre Tract", "Town of Metzger", and by
dedication deed as recorded June 6, 1972, in Book 870 , Page 594,
Washington County deed records, lying easterly of the west line of Lot
5, "Ma.rlo Tracts", a duly recorded subdivision plat; lying westerly of
the west line of vacation ordinances recorded in Book 964, Page 269
and Book 883, Page 102, Washington County deed records; and lying
northerly of the following described line:
Beginning at a point on the north line of the duly recorded subdivi-
sion plat of "Town of Metzger" in the N.E. 1/4, Section 35, T.1S. ,
R.1Wo, W.M., said point also bears North 0°26`00 " West, 30 .00 feet
from the northeast corner of Lot 3, Block 3 of said "Town of Metzger";
thence, South 89034100" West, along the north line of said "Town of
Metzger", 29.39 feet; thence, at right angles to said north line, '
North 0026100 " West, 30.00 feet to a point of curvature and the true !
point=. -of beginning; thence following the arc of a 445.00 toot radius
curve to the right (the long chord of which nears South 77040154"
East, 196.44 feet) through a central angle of 25030 '11", a distance of
198.07 feet to a point of tangency, thence, South 64055149" East, 14
73.08 feet to a point of curvature, thence, following the arc of a
385.00 foot radius curve to the left (the long chord of which bears
South 77036140 " East, 169.03 feet) through a central angle of
25021141", a distance of 170 .42 feet to the terminus of said linea
rEG153EAtD
Contains.: 2,680 sq. ft.
rROFESSIGNA!
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Westlake Consultants Inc.
Hilltop Business Center
7340 S.W. Hunziker, Suite 904
Tigard, Oregon 9728
503-684-0652
Locust Street
Dedication
Tax Lot. 700 , 181 35AA EXHIBIT
Project No. 451-02-89
March 29, 1989
LEGAL DESCRIPTION
A tract of land situated in the N.E. 1/4, Section 35, T.1S. , R.1W. ,
W.M., City of Tigard, Washington County, Oregon, being more parti-
cularly described as follows:
All that portion of that tract of land, as described in conveyance to
Weston Investment Co., recorded in Fee No. 83-33175, Washington county
deed records, lying northerly of the northerly line of that strip of
land dedicated as public way, recorded June 6, 1972, in Book 870 , *gage
592, Washington County deed records, and southerly of the following
described line:
Beginning at a point on the north line of the duly recorded subdivi-
sion plat of "Town of Metzger" in the N.E. 1/4, - Section 35, T.lS. ,
R.1W., W.M. , said point also bears North 0026100 " West, 30.00 feet
from the northeast corner of Lot 3, Block 3 of said "Town of Metzger";
thence, South 89034100 " West, along the north line of said "Town of
Metzger", 29.39 feet; thence, at right angles to said north line,
North 0'026100 " West, 30 .00 feet to a point of curvature and the true
point of beginning; thence following the arc of a 445.00 foot radius
curve to the right (the long chord of which bears South 77040154"
East, 196.44 feet) through a central angle of 251130 '11", a distance of
198.07 feet to a point of tangency; thence, South 64055149" East,
73.08 feet to a point of curvature; thence, following the arc of a
385.00 foot radius curve to the left (the long chord of which bears
South 77036140 " East, 169.03 feet) through a central angle of
25021141", a distance of 170.42 feet to the terminus of said linea
REGISTERED
Contains: 2,000 sq. ft. PROFESSIONAL
LAND SURVEYOR
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