Ordinance No. 96-33 u
4
An
CITY OF TIGARD,OREGON
a
gs
xm
ORDINANCE NO.96-33
t,
t AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 6,445 SQUAREaff
•
FEET OF PUBLIC RIGHT-OF-WAY ON SW 135TH AVENUE IN THE CITY OF TIGARD, 5 " '..;
$ WASHINGTON COUNTY,OREGON.
WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the .� t
Tigard Municipal Code on June 11,1996; and ,
y zy .
WHEREAS,the right-of-way for SW 135th Avenue had been dedicated to the public; and
v 4
WHEREAS, the City approved a Subdivision(SUB 93-0008) for the development of Castle Hill No?
Subdivision; and
WHEREAS,Southwest 135th Avenue was re-aligned in conjunction with the construction of Castle Hill x
No.2 Subdivision; and
WHEREAS,the approximately 6,445 square feet of public right-of-way is no longer necessary; and fa
WHEREAS,the vacation has been initiated by the City Council and approval has been recommended by the
r
Community Development Department; and
WHEREAS,all affected service providers, including utility companies and emergency service providers, ,
t
; have reviewed the vacation proposal and have no objections; and
}
t
f x i WHEREAS, GTE Telephone Operations has a major six-way conduit system on the west side of the
centerline within the old SW 135th Avenue right-of-way which will require the granting of a utility
easement; and -
ttttt WHEREAS,the City of Tigard Water Department has a 16-inch water main located within the proposed "
vacation area that will require the granting of a 15-foot utility easement; and
! WHEREAS,notice has been mailed to all property owners abutting said vacation area and all owners in the
l affected area,as described by ORS 271.080; and
j WHEREAS,in accordance with Tigard Municipal Code 15.08.120,the City Recorder posted notice in the
1 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
P P Y j Y j j�
WHEREAS,the City Council having considered the request on August 13,1996,and August 27,1996 finds -
s that it is in the public interest to approve the request to vacate said public right-of-way as the public interest 1
will not be prejudiced by this vacation,as provided be ORS 271.120 and TMC Section 15.08.130; and � r x
f v
a ORDINANCE a No.96- ` is\citywide\ord\vac 135t2.ord £
Page 1 of 2 will d. 08/19/96 11:16 AM
t
1
T •4�
1
S '2 ��'�,•�Q'` �r`°.wsi°"�%yu't ..na.-fa.....a......_..... ... .... ............,+<... �....0..a.E.....s..-._.�..� ..... ... ....�....u. § y 'Sh+.�"�� y "
WHEREAS,the Council finds that the following conditions are necessary to vacate said land:
r 7-
kx ' l. A utility easement shall be provided within the vacation area.
r s r . aFt'
s M NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: � r "
x
tF SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 6,445 square s
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 t �'
� -
,T ° ' IIIA rt •
r� � thereof.
SECTION 2: The Tigard City Council further orders that the vacation be subject to the followings #
£ condition: '
1. A utility easement shall be provided within the vacation area.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,approval by the 1
Mayor,and posting by the City Recorder. 'r. ter
' PASSED: By UP)df)1/Y)04/5 vote of all C uncil members present after being read by number ? k
Y and title only,thisO7day of 1996. �Y�
f t f ?t3Y
T-
+ Catherine Wheatley,City RecorderWl
E APPROVED: By Tigard City Council thi j ,day of C 1996. t*a r
.0 t0
x1r
J s icoli,Mayor
4 Approved as to form:
j � q
j gra Ci A mey ��
p `
27
Date 'e a
�T �
a ; ,
Al
ORDINANCE No.96-33 i:lcitywid6ordlvacl3501.ord y t {a
Page 2 of 2 will d. 08/19/9611:16 AMe.
� '
a, Y Vi. --« s.r sr. -
�* c kr
t
X31" ei J' h y �
r �
k
r
I r
ps
r �r
.m.�rmmaAINEXHIBIT A
� `t'
I
a�p r �
z
$fit N
Rmr
�Vll IM
ANTE / 1 116 u W : }Y
N`-� h!
AIX
h�
W
a �O
1 W
X
G
L
to
y � � ✓ � � vE'q v�C.�-C�' g ,
vow
is hya" 3
Wposs its toy W
(I v3
s
t
s 5 PLOT PLAN a ; CASE NO. !l, g '
E X H I EU MAP I SW licRight onne , z
H Public s Right-of-Way
Vacation 3' k
k P
p r'N
2h 7F
MAE
rr
a
r 2_
z '
0
� .4 A
v t$ irk
- b
EXHIBIT B {
e c LEGAL DESCRIPTION P
i
Mvp
FOR
�" ROAD VACATION
w .
x � (o
f
k That portion of S.W. 135th Avenue in Northeast One-Quarter of Section 4,Township 2 �
v _ South,Range 1 West,Willamette Meridian,City of Tigard,Washington County,Oregon '
described as follows: �
d+
# A ' Beginning at the Northwest Corner of Lot 114 Morning Hill No.5 as recorded in Book
r 63 Page 33 of the Washington County Subdivision records;thence S 02° 14'27"W,
4 1 along the westerly line of said Morning Hill No.5,a distance of 232.00 feet to the south )
west comer of Lot 117 of Morning Hill No.5 and the north line of the property described
in Fee No.90028208 in the Washington County Deed Records; thence N 87°45'33"W, "
along said north line,a distance of 15.00 feet to the northwest corner of said Fee No.; NMI
thence S 021 14'27"W a distance of 259.25 feet to a point on a curve to the left; thence rt
1 along said curve with a radius of 545.00 feet,a delta of 03°13'24"(a chord which bears � ^
N 16°47'50"W,30.66 feet)and a length of 30.66 feet to a point which is 10.00 feet x k
3° ,t easterly of the center line of S.W. 135th Avenue(when measured at right angles); thence
" U N 02°14'27"E,parallel with and 10.00 feet from said centerline,a distance of 280.27
feet to a point; thence N 10°25'20"E a distance of 49.19 feet; thence N 61 25' 17"E a
distance of 60.16 feet to a point on a non tangent on curve to the left; thence along said
F curve with a radius of 380.00 feet,a delta of 8°40'24"(a chord which bears N 9°33'
55"E,57.47 feet),and a length of 57.52 feet to the extension of the north line of Lot 114
x sl Morning Hill No.5; thence S 870 45'33"E,along the extension of the North line,a "
ty distance of 5.46 feet to the point of beginning.
SUBJECT TO a utility easement for all utilities on or within the entire vacated portion of
= a
r. said 135th Avenue.
R v
E 4�J
f
t tlj" N y
h i
e J r
zq, r
MARIM
T yti t
LAMM
AR
' 3 s, resw
�a ti4 Y
� � 7
I Many,
_t .x
pit
SAW
5-1 Novi
S
EXHIBIT O
MORNING ,c,,, r AD
j�
N v
-rciVl HILL - �C
`j 1 [•
GT w
115
Rollo sit
YRM
' k
3 s .
0,
<<----AREA holy .14
21 3°
S
ON
n
SW MARCIA DR
_ WE�
4-SART
WALNUTLN
a ,U ;
vi&ity Mapnn ; SW13 5th Avenue
i`bte Map is not to scale M/..1 Public ROW Vacation
N
L.: �'
yP 3 .a
MIN
a
* x ! CITY OF TIGARD,OREGONMGM
y
EXHIBIT D r
RESOLUTION NO.96-3—; * (•
RESOLUTION CONCERNING THE VACATION OF APPRO.X LATELY 6,445 SQUARE
{ rEET OF PUBLIC RIGHT-OF-WAY ON SW 135TH AVENUE.
too
WHEREAS,the right-of-way for SW 135th Avenue had been dedicated to the public; and
FyT
r a .WHEREAS,the City approved a Subdivision(SUB 93-0008)for the construction of Castle Hill Phase II;
Iand r 4�t
x 'SIRq�, ^
WHEREAS,SW 135th Avenue was realigned in conjunction with the construction of Castle Hili Phase A;
and ! ; ��� _ �
- ,
WHEREAS,the approximately 6,445 square feet of public right-of--way is no longer necessary; and
V!
WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation l
iO
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that y�xPa�i
rti y;
SECTION is The Tigard City Council initiates a request for the vacation of approximately 6,445 ,
square feet of public right-of-way on SW 135th Avenue, as more particularly
described in E:clribit"B".
,tom:
CTION 2: A public hearing is hereby called to be held by the City Council on Tuesday,August
13, 1996,at 7:30 p.m.at Tigard City Hall, 13125 SW Hall Boulevard,within the $ y
City of Tigard,at which time and place the Council will hear any objections thereto, '
and any interested person may appear and be heard for or against the proposed
�A A���
vacating of said public right-of-way.
, .. RA
SECTION 3: The City Recorder is hereby authorized and directed to cause to have published in
the Tigard Times,a newspaper of general circulation in the City of Tigard.a notice
of said hearing,-the first publication to be on July 25, 1996 and the final publication i
to be on August 1,1996. The Recorder is fiuther directed to cause to have posted =j
within five days after the date of first publication,a copy of said notice at,or near, i
a
each end of the area proposed to be vacated. r
ro
{
SECTION 4: The particular public right-of-wav to be vacated is shown on the attached Exhibit fi
"A"and by reference,made apart hereof. 3`
1
PASSED: This day of 1996. x ..
or-City of Ti d
RESOLUTION NO.9637 x
Y rt $"J45F
t Page I y
j
� z
y ,
Y;
} S S
F
t
�( b
M
Iff-I ']KIrv`z y ,}
�,��n�.^'4 '� mcs�e`•:@'ks6ua.�63rh b�.C�»�a'k_ _' - ....�.- _�..w.wu.x �,� -��,..m. :'.8k"� 9 ���
ATTEST: r
�gA�
�R .
City Rccorder-City of Tigard l4m
,�A . ✓1
MINE4 ,
g"�-ft��j t's.�� $c i:kitywiJeLes�Yeel�S�ues h��.
;�"' '•v Will 0.OMOi%l:16:2PA:
115
� ��t
I
4
r
S
n� XF 1
pe
y
I .lig
3 S 3 5) ZS
M-1 '
RESOLUTION X0.96-31 c
Ram
Page 2
gltt
r
it
AW
'•'mss � �s'�a�n'��t xx��r���a`� �
' at+w>