Ordinance No. 93-20 CITY OF TIGARD, OREGON
ORDINANCE NO. 93 - o?O
AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF THE 15 FOOT
WIDE STORK DRAINAGE EASENENT WHICH LIES ADJACENT TO AND SOUTH OF
THE NORTHERN LOT LINE OF LOTS 4 AND 5 OF THE JUBILEE PLACE
SUBDIVISION IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
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WHEREAS, the Tigard City Council initiated this vacation request
' pursuant to Section 15.08.040 of the Tigard Municipal Code on June
22, 1993; and
WHEREAS, This easement is a dedicated public easement, giving the
public rights over the land for utility improvements; and
WHEREAS, the purpose for this vacation is to vacate the southerly
five feet of this easement which is not needed for the current
development; and
WHEREAS, the vestees of the adjacent properties support this
i. vacation; and
WHEREAS, the vacation has been initiated by the City Council and
approval has been recommended by the Community Development
Division; and
' WHEREAS, all affected service providers, including utility
companies and emergency service providers, have reviewed 'this
vacation proposal and have raised no objections in relation to this
i' request; 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, 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 July 27,
1993, finds that it is in the public interest to approve the
request to vacate that certain portion of public utility easement
because the public interest will not be prejudiced by this vacation
as provided by ORS 271.120 and TMC Section 15.08.130.
ORDINANCE NO. 93-:
CPage 1
UT - - _77 7. —.
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TAS CITY OF TIGARD ORDAINS AS FOLLOWSs
SECTION 1: The Tigard City Council hereby orders the vacation
of that certain portion of the public storm
drainage easement as described on the attached
Exhibit A (map of area -to be vacated) and by this
reference wade part hereof.
SECTION 2: In no situation shall this ordinance be effective
until the 31st day after its enactment by the City
Council, approval by the Nayor, and posting by the
City Recorder.
PASSEDs By UtYt rl'I rO Lc 'US vote of the Council members
present after being read by number and title only,
this 27th day of
therine Wheatley, City !. .moo der
APPROVED: This .gip a of � ._ , 1993.
Gerald R. Edwards, Nayor
Approved as to form:
Ci y ttorney
2? ZY
Date
ORDINANCE NO. 93-2-0
Page 2
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CiJENT NAME JAY MILLER BUILDER INC. DRAW?tBTA
ADDRM 9567 S.W. JUBILEE PLACE
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--SIX FOOT PUBLIC UILITY EASEMENT
ALONG FRONT LOT UNES.
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EXHIBIT A