Ordinance No. 91-27 CITY OF TIGARD, OREGON
ORDINANCE NO.
AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW 135TH
AVENUE LOCATED NEAR SW SCHOLLS FERRY ROAD, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
WHEREAS, the Tigard City Council initiated this vacation request on
ance with Section 15.08.040 of the Tigard
May 21, 1991 in accord
Municipal Code; and
WHEREAS, this portion of SW 135th Avenue is a dedicated public
right-of-way, giving the public rights over the land for street and
utility improvements; and
WHEREAS, the purpose of this vacation is to vacate an unimproved
portion of SW 135th Avenue that is no longer needed because
SW 135th Avenue has been realigned and fully improved; and
WHEREAS, the property owner E. Aleen Gross and representative Bill
Gross support the vacation; and
WHEREAS, the City of Tigard Engineering Department requests that a
right-of-way be provided to a distance of 30 feet from centerline;
and the public storm drain line on the west side of the right-of-
way become a, private line and that the property owner of the
western parcel (tax lot 100) shall be responsible for the storm
drain line; and
WHEREAS, Portland General Electric and GTE Northwest, Inca have
requested that an easement be provided for all existing utilities
in the right-of-way; 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 27 1.100 and TMC 15.48.110, the City
Council fixed a time and place for the public hearing and the City
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
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ORDINANCE NO. 91- PAGE 1
WHEREAS, the City Council, having held a hearing on July 19, 1991,
finds the public: interest will not be prejudiced by the vacation as
provided by QRS 271.120 and TMC 15.08.130; and _
WHEREAS, the City Council finds it is in the public interest to
approve the request to vacate the unimproved portion of SW 135th
Avenue located immediately south of the intersection of SW 135th
Avenue and SW Scholls Ferry Road.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation
of the unimproved portion of SW 135th Avenue
located immediately south of the intersection of
SW 135th Avenue and SW Scholls Ferry Road, as
described on the attached "Exhibit A" and shown on
the attached "Exhibit B" and "Exhibit C" and by
reference made part hereof.
SECTION 2: The Tigard City Council further orders that the
vacation. be subject to the following conditions:
1. The right-of-way for SW 135th Avenue shall be
60 feet, 30 feet each side of center line.
2. That the public storm drain line, as shown on
the "as-builts", page 7, between station 33+60
to 32+72 on the left side of the right-of-way,
for the SW 135th Avenue LID become a private
line and the property owner of
T.L. 200 1S1 33CA shall be responsible for the
storm drain. line.
3. The applicant shall be responsible for
providing an easement for all existing
utilities within that portion of the right-of-
way to be vacated.
SECTION 3: This ordinance shall 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.
PAGE 2
ORDINANCE NO. 91-
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PASSED: By (t0 c r!2LuL) vote of the Council membersresent
after being read by number and title only, this FY day
of _ , 1991.
Catherine Wheatley, City Recorder
APPROVED: This day of 19 1.
Geral . Edwards, Mayor
A �ppveci s �tw
f
C y Date
1ogin\r0n\ord135av
ORDINANCE NO. 91-g� PAGE 3 1
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Street Vacation
A strip of land located in Lot 32 of the Millard and Vanchuyver
Tract's Subdivision in the K.W. 1/4 of Section 33, Township 1
South, Range 1_West, Willamette Meridian, City of Tigard, County of
Washington, Oregon, more particularly described as follows:
Beginning at a point which bears South 61°32144" West, 42.19 feet
from the centeL of said section and being the northerly most point
of that land dedicated for road right-of-way in parcel IF of fee
#8833894; thence by a line which is 20.00 feet westerly of, when
measured at a right angle, to the original center line of S.W.
135th Avenue (C.R. No. 934) as recorded on CS 23139, a duly
recorded survey with Washington County, North 1°38'40" East, 321.04
feet to the southerly right-of-way of Scholls Ferry Road as
recorded in Civil Court Case # C90-1054CV, Washington County;
thence by the said southerly right-of-way and extension, South
67°04'21" East 37.34 feet to a point on a curve which is 30.00
westerly of, when measured at a right angle, to the revised center
line of S.W. 135th Avenue recorded on CS 23139; thence along a
curve parallel and 30.00 westerly of the revised center line an arc
distance of 241.89 feet with radius 570 feet through an included
angle of 24018152" (chord bearing and distance of South 6004'46"
West, 240.08 feet) to a point of reverse curvature; thence
continuing along a curve parallel and 30.00 feet westerly of said
revised center line an arc distance of 70.07 feet with radius 630
feet through an included angle of 6°22122 (chord bearing and
distance of South 15003'01" Vest, 70.04 feet) to the point of
beginning.
Excepting that portion of the above which lies East of the Millard
and Vanchuyver Tract's.
Total area contains 8,610 square feet more or less.,
135th.vac
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