Ordinance No. 91-11 ' t
CITY OF TIGARD, OREGON
ORDINANCE NO. 91-
A
1q ORDINANCE VACATING n PORTION OF THE SW 76TH AVENUE RIGHT-OF-WAY
LOCATED SOUTH OF RENAISSANCE WOODS I SUBDIVISION, IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, the Tigard City Council initiated this vacation request on
April 9, 1991 in accordance with Section 15.08.040 of the Tigard
Municipal Code; and
WHEREAS, the purpose of this vacation is to vacate an unimproved
portion of SW 76th Avenue that is no longer needed because it is to
be relocated approximately 100 feet west of its present 'Location in
conjunction with the development of Renaissance Woods II
subdivision; and
WHEREAS, the abutting property owner, Renaissance Development
Corporation, supports the vacation; and
WHEREAS, Renaissance Development Corporation has shown that when
the property to the south of the vacatedright-of-way is developed
a proper street connection, that meets City standards, can be
built; and
WHEREAS, the Tigard Water District has agreed to abandon its
existing facilities located in the portion of SW 76th Avenue to be
vacated and to relocate those facilities within the new alignment
of SW 76th Avenue at the expense of Renaissance Development
Corporation; and
WHEREAS, all other affected service providers, including utility
companies and emergency services, have reviewed the vacation
proposal and have no objections to it; and
WHEREAS, in accordance with ORS 271.100, the TMC 15.08.110, 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 area and all owners in the affected area, as
described by ORS 271.080; and
WHEREAS, the Council , having held a hearing on May 21, 1991 finds
the public interest will not be prejudiced by the vacation as
provided by ORS 271.120 and TMC 15.08.130; and
WHEREAS, the Council finds it is in the public interest to approve
the request to vacate the unimproved portion of SW 76th Avenue
located south of Renaissance Woods I subdivision.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders -the vacation
of the unimproved portion of SW 76th Avenue located
south of the Renaissance Woods I Subdivision, as
described on the attached "Exhibit A" 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. The applicant shall be financially responsible
for the cost of relocating the Tigard Water
District facilitiespresentlylocated in the
existing right-of-way, These facilities shall
be realigned with the existing facilities
within the portion of SW 76th Avenue located
in Renaissance Woods I subdivision and the
portion of SW 76th Avenue located south of the
vacated area.
SECTION 3: This ordinance shell be effective on the 31st day
after enactment by the City Council, approval by
the Mayor, and after a certified copy has been
recorded with the Washington County Clerk,
Assessor, and Surveyor.
PASSED: By ung.o i !rot: s vote of the Council members p r-sdnt
after being read by number and title only, this o�� day
of , 8
lCflt4Caerti&nZjWJheat1�ey,
City corder
APPROVED: This 21 day of ,
ouncil President
EleYa d- -.--�;dmfl2'd
owed as to orm
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Y o ey ate 111
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ORDINANCE NO. 91- PAGE
2
a
EXHIBIT "A"
A tract of land located in the S.W. 1/4 of Section 12, Township 2
South, Range 1 West, Willamette Meridian, City of Tigard, County of
Washington, Oregon more particularly described as follows:
All of that portion of a 40 foot road known as S.W. 76th rvenue
and dedicated to the public adjacent to Lots 17 and 18 of Durham
Acres, a duly recorded plat in Book 5 Page 16 with Washington
County.
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