Loading...
Ordinance No. 98-20 CITY OF TIGARD, OREGON ORDINANCE NO.98-_r_)_C) AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 13,679 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON 60 AVENUE ADJACENT TO AND IMMEDIATELY SOUTH OF SW HAMPTON STREET IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation (Resolution No. 98-40) request pursuant to Section 15.08.040 of the Tigard Municipal Code on July 28, 1998; and WHEREAS, the City of Tigard, by Resolution No. 81-12 and pursuant to the terms of ORS 271.330, accepted from the State of Oregon a certain parcel of real property located within the city limits of the City of Tigard to be used and maintained by the City as part of 66`h Avenue in its City street system; and i WHEREAS, the property to be vacated is a portion of that parcel of real property accepted from the State of Oregon; and WHEREAS, the property to be vacated is approximately 13,679 square feet located within the existing 66"' Avenue right-of-way adjacent to and immediately south of Hampton Street; and WHEREAS, the pending construction of the I-5/1-1ighway 217 Interchange requires that the City retain sufficient property adjacent to the I-5 corridor to ensure that the right-of-way widths required by the Tigard Triangle Design Standards are met; and WHEREAS, there is still a possibility that the alignment of 66' Avenue could move to the west; and WHEREAS, a portion of the property approximately 13,679 square feet in size is clearly not necessary for use as part of 66`h Avenue and can be reconveyed to the State of Oregon, Department of Transportation for disposition; and WHEREAS, Pacific Realty Associates, L.P. ("PacTrust") would like to acquire a portion of the right-of- way deeded to the City of Tigard by the State of Oregon for expansion of their parking area, and has requested that the City relinquish the approximately 13,679 square feet of property to the State of Oregon for disposition; and WHEREAS, the vacation was initiated by the City Council and approval has been recommended by the Engineering and Community Development Departments; and WHEREAS, all affected service providers, including utility companies and eiaergency service providers, have had the opportunity to review the vacation proposal and have no objections; and WHEREAS, Tualatin Valley Water District indicates that they have an 8-inch diameter water line adjacent to the property to be vacated-,said water line lying outside the property to be vacated and hence requiring no easement for it; and ORDINANCE NO.98- is\citywide\ordWac66th.ord Page 101`2 WHEREAS, ODOT was notified about the proposed vacation and they have no objection to it; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as required by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.108.120, the City 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 cc nsidered the request on September 8, 1998 finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby oilers the vacation of approximately 13,679 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 hereof. SECTION 2: nds ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By LINUL' M OUS vote of all Council members present after being read by number and title only, this ;F~t^ day of 1998. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this e- e day of ~ 1998. w is Nicoli, Mayor Aprroved as to form: Attorney V i Date ORDtNk?4CE NO.98- iAcitywide\ord\vac66th.ord Page 2 of 2 O Weddle & Associates, Inc. Professional Land Surveyors 1750 S,W, Skv1h blvd. Sub tU5 Poet11tnd, Oregon lj1221 ~SOOLE6 `l~~slow~ ~'so OFFICE (503) 29 -S - TOLL FREE (8$8) 22244 FAX (503) 29241M C1~TEs \ao June 1, 1998 Job No. 2776EX2 EXHIBIT "A" LEGAL DESCRIPTION: A tract of land, being part of SW 66th Avenue (Garfield St.) and vacated SW Irving Street (Ninth St.) of "WEST PORTLAND HEIGHTS" relinquished to the City of Tigard by Resolution No. 600, situate in the northeast quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, County-of Washington and State of Oregon more particularly described as follows: Beginning at the northeast corner of Lot 8, Block 37, WEST PORTLAND HEIGHTS, a duly recorded subdivision in Washington County; thence South 04004127" East, 487.45 to the northeast corner of that certain tract of land described in special Warranty Deed recorded as Document Number 98006651, Washington County Deed Records; thence along the north line thereof North 8803612711 West, 56.38 feet to the intersection of the south line of vacated SW Irving street with the southerly extension of the east line of Block 37, WEST PORTLAND HEIGHTS, aforesaid; thence northerly along said southerly extension and east line of Block 37 North 02033158" East, 485.34 feet to the point of beginning. Containing therein 13,679 square feet. (0.314 acres more or less) REGISTERED PROFESSIONAL LAND SURVEYOR e5;0_ ORE-. C30N JANUARY 21, 1997 C. R. PELSER 2801 EXPIRES 12/31/1998 L EXHIBIT A . 1 1 ~ ' R,1W., W•M' E~E5 5 SRo~AL 1/4 SEG. , T.2t • Wa~hin9fo~ NE u of ©f oregOn Pg. RD SUR~EY0R City 0j Tig to $ Co n{y G 2G wER C.~"~,. PENS 2$d ER 3 t , t g9S r..~- ~d;T.S. EXPIRES CEN►B JUKE 1* 1998 OP jb- TO VE c~ OF TIGARO No • 6 RE~NQU~H~ pQ. Spfl c0 pOOUNIE.~ 04004'~~"~ / 30. (VACAMO) N ®2°33'55"E g85.3~' t~+taG St ENE 13LOC4 H37 E1G~5~~ 1 r N %*WEST PORTS t ~D r• P.O.S. pT s, BLOCK 37 ' z . CO jpo;k ,N NEIGHS P~ ti "WEB pOR D t *IBEY 04 ,cab