Ordinance No. 98-21
® CITY OF TIGARD, OREGON
~I ORDINANCE NO.98- -<D-1
AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 13,140
SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW FRANKLIN STREET BETWEEN
SW 69TH AVENUE AND SW 70TH AVENUE 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 July 28, 1998 and has been recommended by the Community
Development Department; and
WHEREAS, the right-of-way for SW Franklin Street had previously been dedicated to the public;
and
WHEREAS, the City approved a Site Development Review (SDR 94-0004) for the development of
the Hampton Park Apartments; and
WHEREAS, this development did not provide for the extension of SW Franklin Street through the
property; and
WHEREAS, the approximately 13,140 square feet of public right-of-way being vacated is not
necessary, as the road could not be extended further due to the existing development; and
WHEREAS, the surrounding properties will continue to have access to public right-of-way; and
WHEREAS, the vacated right-of-way will be incorporated into a development proposal which will
dedicate and improve SW Beveland Street from SW 70th Avenue to SW 69th Avenue; and
WHEREAS, SW Beveland Street is shown as a local collector on the Tigard Triangle Plan and
thus, desired as a through street; and
WHEREAS, all affected service providers, including utility companies and emergency service
providers, have reviewed the vacation proposal and have provided 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 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 considered 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; and
WHEREAS, the Council finds that the following conditions are necessary to vacate said land:
ORDINANCE No. 98- a I is\citywide\ord\vacfrnk2.ord
Page 1 of 2 08/28/98 11:00 AM
1. The proposed Specht Development entitled "Tigard Triangle Master Plan", shall be
approved prior to final vacation of SW Franklin Street; and
2. As part of the proposed development, SW Beveland Street shall be dedicated and improved
from SW 69th Avenue to SW 70th Avenue.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said approximately
13,140 square feet of public right-of-way as shown and described on the attached
Exhibits A and B (map and legal description of the area to be vacated), and by
this reference, made part thereof.
SECTION 2: The Tigard City Council further orders fiat the vacation be subject to the
following conditions:
1. The proposed Specht Development entitled "Tigard Triangle Master Plan",
shall be approved prior to final vacation of SW Franklin Street; and
2. As part of the proposed development, SW Beveland Street shall be dedicated
and improved from SW 69th Avenue to SW 70th Avenue.
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.
AOL PASSED: By U 1)0-11'kW)u vote of all Council members present after being read by number
and title only, this day of 5n4f4P-* b-vL , 1998.
Catherine Wheatley, City R order
~1
APPROVED: By Tigard City Council this day of , 1998.
J icoZINim , or
A proved as to form:
r
UY Attorney
Date
ORDINANCE No. 98- i:kitywidelordivacfmk2.ord
Page 2 of 2 08/28/98 11:00 AM
EXHIBIT A
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CASE NO(S) & CASE KAMOsl:
6,74
Franklin Street
SITE PLAN Public
W I n'T MAP Right-of-Way
Vacation
06/08/98 11:28 G 8 L LAND SURVEYING 5032202480 N0.655 002
• EXHIBIT B
LEGAL DESCRIPTION
FOR
VACATION OF A PORTION OF
SW FRANKLIN STREET
A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Wfzords
located in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City
of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth
Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street),
in said plat being more particularly described as follows:
Beginning at the Northwest corner of Block 30 of said plat;
Thence N 00°00'00" E, along the easterly right-of-way line of SW 70th Avenue (German
Street), 60.00 feet to the Southwest comer of Block 21 of said plat;
There leaving said easterly right-of-way line N 90000'00" E, along the southerly line of said
Block 21, 219.00 feet to the Southeast corner thereof and a point on the westerly right-of-way
line of SW 69th Avenue (Washington Street);
Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast corner
of said Block 30;
Thence leaving said westerly right-of-way line S 90°00'00" W, along the northerly line of said
Block 30, 219.00 feet to the Point of Beginning.
Containing 0.30 acres more or less.
This legal description along with the basis of bearings thereof, was established from the Plat of
"West Portland Heights", Washington County Plat Records.