Ordinance No. 95-33 CITY OF TIGARD, OREGON
ORDINANCE No. 96-3:35
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AN ORDINANCE CONCERNING THE VACATION OF A 10 FOOT WIDE PUBLIC UTILITY
EASEMENT LOCATED ON LOT#9 IN BENCHVIEW ESTATES 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 November 14, 1995; and
WHEREAS, this easement is a dedicated public easement, giving the public rights over the
land for public utilities; and
WHEREAS, the reason and purpose of this vacation is to eliminate a 10 foot public utility
easement that is no longer needed; and
WHEREAS, a lot line adjustment was approved between lots#9 and #10; and
WHEREAS, due to the adjustment, the existing easement is located such that it interferes with
the petitioners preferred location for a single family residence and this vacation is the only
means of removing the easement; and
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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 notice of the public hearing; and
WHEREAS, the property owners of the majority of the area affected have not objected in
writing; and
WHEREAS, the City Council having considered the request on December 19, 1995, finds that
it is in the public interest to approve the request to vacate said'public easement because the
public interest will not be prejudiced by this vacation as provided be ORS 271.120 and TMC
Section 15.08.130; and
WHEREAS, a building permit cannot be issued for lot#9 until the easement is vacated.
ORDINANCE No.95-a
Page T
THE CITY OF TIOARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 10 foot wide.
public utility easement as shown and described on the attachad exhibits A
and B (map and legal description of area to be vacated), and by this
reference made part there of.
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 L 1y)(M i mvus vote of all Council members present after being read by
number and title only, this )Q'YI day of TVSsnj�eti 1995.
Catherine Wheatley, City Recor er
APPROVED: This �I day of-mom, 995.
J hlicoli, Mayor
Approved as to form:
1
City Attorney
ZDate12-
Date
ORDINANCE No.95-
Page 2
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EXHIBIT A
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W.B. October 3, 1995
Wells
and
associates
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42M ME Fanat-QL LEGAL DESCRIPTION
F SP 2U-5 (W.B. WELLS & ASSOC., INC. - JOB 94-303)
FAX(503)284-8530
UTILITY EASEMENT DESCRIPTION TO BE VACATED
A tract of land being a portion of Lots 9 and 10 of the duly recorded plat of
°BENCNVIEW ESTATES", situated in the Southeast 1/4 of Section 4, Township 2
South, Range 1 West of the Willamette Meridian, in the City of Tigard, County
of Washington and State of Oregon, being more particularly described as
follows:
A 10.00 foot wide utility easement lying 5.00 feet on each side of the following
described line:
Commencing at the Northwest corner of said Lot 9; thence a distance of 62.21
feet along the arc of a 48.00 foot radius circular curve to the right, through
a central angle of 74015'26" (long chord bears South 39012'41" West, a distance
of 57.95 feet) to the True Point of Beginning of this description; thence
South 13°01'06" East, a distance of 48.02 feet to the terminus point of this
description.
Exceptional Service.
creaave solutions.
Qualify Beyond Your Expectations.
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Mill EXHIBIT 7
SW
Benchview P1
Lot 9 �
�xig-r1� C.
4-1 Pip Subject Parcel LLJ
Zer-,,j L, z
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L®t 10 -
PROPOSAL:
Lot line adjustment of Lots 9 and 10 Benchview Estates
with Lot 10 deeding approx. 1428 sq.ft. to Lot 9.
Scale 1" = 30`
Lot Size of Lot IO
CASCADE HOME DEV Before Adjustment = 10,325 sq. ft. LL
2100 NE Broadway Ste 2B After Adjustment = 8,897 sq. ft.
Portland,OR 97232
Lot Size of Lot 9
Phone 331-1365
Fax 284-1618 Before Adjustment = 8,801 sq. ft.
After Adjustment = 10,229 sq. h.
look
PLOT PLAN CASE NO.
EXHIBIT MAP N 15 a5- 001/