Ordinance No. 96-03 - r
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CITY OF TIGARD,OREGON
ORDINANCE NO.96•� '
AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 2,308 SQUARE FEET
OF PUBLIC RIGHT-OF-WAY ON SW CASCADE BOULEVARD IN THE CITY OF TIGARD,
WASHINGTON COUNTY,OREGON.
WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040
^f the Tigard!v uniCipai rnrin nn naramhar 19 1995' and
' WHEREAS,the right-of-way for SW Cascade Boulevard had been dedicated to the public; and
WHEREAS,the City approved a Site Development Review(SDR 94-0016)for the construction of The
Place to Shoot; and t
WHEREAS,SW Cascade Avenue was realigned in conjunction with the construction of The Place to
Shoot; and '
WHEREAS,the approximately 2,308 square feet of public right-of-way is no longer necessary; and x t
WHEREAS, the vacation has been initiated by the City Council and approval has been Y
recommended by the Community Development Department; and ,
3h WHEREAS, all affected service providers, including utility Companies and emergency service
� providers,have reviewed the vacation proposal and have no objections; and
WHEREAS,GTE Telephone Operations has buried facilities within this area which will require _
the granting of a utility easement; and I
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WHEREAS,notira hne homail,.A tov u�I1. ---h,r. � vonmu utiuung Said vaa,aw. area a.
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owners in the affected area,as described by ORS 271.080; and , W; r
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WHEREAS, in accordance with Tigard Municipal Code 15.08.120 the City Recorder posted ( r
notice in the area to be vacated and published notice of the public hearing; and I r�'
WHEREAS the roe owners of the majority of the area affected have not objected in writing;
P P rtY J fY J
ands .
WHEREAS,the City Council having considered the request on January 23, 1996,finds that it is
in the public interest to approve the request to vacate said public right-of-way 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,the Council finds that the following conditions are necessary to vacate said land:
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1. The effected property owner(s)shall provide a utility easement within the vacation area.
ORDINANCE No.96-03
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THE CITY OF TIGARD ORDAINS AS FOLLOWS: <
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SEC T iON i s The Tigard City Council hereby,orders the vacation of said approximately ,
ti 2,308 square feet of public right-of-way as shown and described on the
attached exhibits A and B(map and legal description of area to be vacated),
and by this reference,made part thereof.
t SECTION 2: The Tigard City Council further orders that the vacation be subject to the g r
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following condition: �
1. The effected property owner(s)shall provide a nflits x
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the vacation area. f;
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. a A
PASSED: By-�tG'1 qmcfuo vote of all Council mebers present after being read ;
by number and title only,thisQ2321daY of / ,a—1996.
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City Catherine Wheatley,Citecorder
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APPROVED: Thi— day of/ t - ,1sSS.
sNicoll,Mayor ,
Approved as to form: h;
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City Attorney
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Date 3
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ORDINANCE No.96-
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EXHIBIT B_
PACIFIC
SM S.W.Nimbus Avauo
BuvertM OR 97008.7120
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VACATION DESCRIPTION
,t PARCH OF LX,,D Li Al4G iii Tne N0RTriwrS-I QNz--QUAKER OF SECTION 35,TOWNSHIP
1 SOUTH,RANGE I WEST,WILLAMETTE MERIDIAN AND BEING A PORTION OF S.W.CASCADE
BLVD.;THE SAID PARCEL BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE D.C.GRAHAM DONATION LAND CLAIM
NO.524 THENCE NORTH 03°42'53"WEST,1384.43 FEET TO A POINT ON THE WFST'FRLY RIGHT- f"
OF-WAY L3NEOF CASCADEBLVD.AS DEPICTED ON C.S.NO.11,314,WASHINGTON COUNTY
SURVEYOR'S OFFICE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT
PROPERTY DESCRIBED IN THE DEED TO THOMAS 1.HOLCE,RECORDED AS RECORDERS FEE t
No.93-02M FILM RECORDS OF WASHINGTON COUNTI,OREGON;THENCE SOUTH 01"14'00
Fscr ALDNG SAID RIGHT-OF-WAY LINE,53.84 FEET:O A POINT OF CURVATURE;THENCE
ALONG THE ARC OF A 230.00 FOOT RADRUS CURVE CONCAVE'TO THE EAST,THROUGH A
CENTRAL ANGLE OF 31-53-W-(The CHORD BEARS SOUTH 17-10-30'EAST,126.34 FEET)AN
ARC DISTANCE OF 127.99 FEET TO A POINT OF TANGENCY;THENCE SOUTH 33'07'00'EAST,
F 78.47 TO A POINT OF NON TANGENT CURVATURE WTIH A 305.00 FOOT RADIUS CURVE
zt' CONCAVE TO T9Z-EAST AND TO WHICH POINT A RADIAL LINE BEARS NORTH 45°59'02'
EAST, SAID POINT IS 30.00 FEET WHEN MEASURED AT RIGHT ANGLES FROM THE NEWLY
RELOCATED CENTERLINE OF CASCADE BLVD.AND 1S THE TRUE P01NIN
T OF BEGINNING;
THENCE LEAVING SAID RIGHT-OF-WAY ALONG THE ABOVE MENTIONED 305.00 FOOT RADIUS
CURVE,THROUGH A CENTRAL ANGLE OF 34'5742'(THE CHORD BEARS SOUTH 61-29-49- r
EAST,18324 FEET)AN ARC DISTANCE OF 186.11 FEET TO A POINT ON SAID WGHT-OF=!s AY p
NE,SAID POINT BEING 30.00 FEET WHEN MEASURED AT RIGHT ANGLES FROM ABOVE
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MENTIONED RELOCATED CeTM LINE; THENCE NORTH 89'72'00' WEST ALONG SAID
Rl+rv;0F_w mY t rmF,5130 FEET To POINT OF CURVATURE;THENCE ALONG THE ARC OF t`
A 100.00 FOOT CURVE CONCAVE TO THE NOW[HEAST T11''.OUGH A CENTRAL ANGLE OF
56°15'00'(THE CHORD BEARS NORTH 61-14-30-WEST,94.28 FEED AN ARC DISTANCE OF 98.17 E "
FEET TO A POINT OF TANGENCY;THENCE NORTH 33'OT00'WEST,49.57 FEET TO THE POINT
OF BEGINNING.
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CONTAINING 0.053 ACRES MORE OR LESS.
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Vicinity Map Street Vacation i g
Note: Map is not to scale F
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