Ordinance No. 93-03 // CITY OF TIGARD, OREGON
l ORDINANCE NO. 93 - h i
G AN ORDINAMI CE CONCERN'"NG T fE VACATION OF A PORTIO14 OF SR DUVPT...L
STREET, LOCATED WEST OF SW 72ND AVENUE, IN THE Cliff 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
December 8, 1992; and
WHEREAS, This portion of SW Duvall Street is a dedicated public
right-of-way, giving the public rights over the land for street and
utility improvements; and
WHEREAS, the purpose for this vacation is to vacate a portion of SW
Duvall Street that is no longer needed for public use and because
all abutting tax lots have been consolidated; and
WHEREAS, the vestees of the adjacent lard are not opposed to this
vacation; and
WHEREAS, the vacation has been initiated by the City Council and
approval has been recommended by the Community Development
Department; and
WHEREAS, all affected service providers, including utility
companies and emergency services, have reviewed this vacation
proposal and either have no objections or have recommended specific
conditions of approval which have been incorporated into this
ordinance; and
WHEREAS, notice has been mailed to all property owners abutting
said vacation area and all property owners within the affected
area, as described by ORS 271.080; and
WHEREAS, in accordance with TMC 15.08.040, the Recorder posted
notice in the area to be vacated and published notice of the public
hearing; the owners of the majority of the area affected have not
objected in writing; and
WHEREAS, the Council having considered the request on January 26,
1993, finds that it is in the public interest to approve the
request to vacate that certain portion of public street right-of-
way for SW Duvall Street because the public interest will not be
prejudiced by this vacation as provided by ORS 271.120 and TMC
Section 15.08.130.
ORD I NAINCE NO. 93- 03
Page 1
in '°'"' 1�OLLOWS:
CI 1 s OiC T IGARD ORDAINS A5
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 (map
and legal description of area is be vacated) and by
this reference made part hereof.
SECTION 2: 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 Gl nt ,-M eu-o vote of all Council members
present after being read b number and title only,
this ,:D L1 i-k day of , 1993.
v
Catherine Wheatley, City Recorder
APPROVED: This �� �^ da o 1993.
r d�, M�ior
Approved as to forms
moo e-.
City Attorney
Date
ORDINANCE NO. 93-
Page 2
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Vi S.W. SAYLOR ST. IE
(._ S.W. DUVALL STREET
S.W. CLINTON ST.
is
A portion of S.W. Duvall Street located in Section
36, Township 1 South, Range 1 West of the Willamette cn
Meridian, 'Washington County, Oregon, and more
particularly described as follows:
Being all of S.W. Duvall Street lying west of the
west line of S.W.72nd Avenue and extending east 800
feet more or less to the east line of that parcel
described in document number 92037793 to Super Valu
Stores Inc., A Delaware Corporation on December 20,
1990 in Washington County deed records.