Ordinance No. 94-18 5
M
CITIZ OF TIGIARD, OREGON
ORDINANCE NO. 94--BL—
AN ORDINANCE CONCERNING THE VACATION OF A 165 SQUARE FOOT PORTION OF A
DEDICATED PEDESTRIAN EASEMENT ALONG LOT 8 OF THE HARTS LANDING SUBDIVISION
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 June 28, 1994 ; and
WMEREAS, this easement is a dedicated public easement, diving the public
rights over the land for a pedestrian pat).Yway; and
WHEREAS, the purpose of this vacation is to vacate a 165 square foot portion
of a pedestrian easement which is no longer needed due to a lot line
adjustment; 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 service providers, have reviewed the vacation proposal and have no
objections; 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 Tigard Municipal Code 15.08.120 the Recorder
posted notice in the area to be vacated and published notico of the public
hearing; and
WHEREAS, the property owners of the majority of the area affected have not
objected in writing; and
WHEREA- , the City Council having considered the request on August 9, 1994,
finds that it is in the public interest to approve the request to vacate that
certain portion of a pedestrian easement because the public interest will not
be prejudiced by this vacation as provided be ORS 271-120 and TKC Section
' 15.08.130.
ORDINANCE No. 94--L2—
Page I
4-_L2 __Page1
d
THE CIT`l Or TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of that
certain portion of the pedestrian easement as described on the
attached exhibit A (map of area to be vacated) and by this
reference made part there of.
SECTION 2: Tho City Council further orders that the vacation be subject
to the following conditions:
1. This vacation shall take effect upon evidence of the
recording of the lot line adjustment.
SECTION 3: 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 Ur)( I%MOU5 vote of all Council members present
after being r ad by number and title only, this �� day
of , 1994.
therine Wheatleyk, City ReqOrder
APPROVED: This
v` day ofZ, .//1994.1
Jo Schwartz, Mayor
Approved as to form: �
e
2
City Attorney /
qq
Date
ORDINANCE No. 94-
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