Ordinance No. 99-09 CITY OF TIGARD,OREGON
ATTACHMENT 1�
ORDINANCE NO.99-
ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 28,645 SQUARE
OOT PORTION OF A DETOUR EASEMENT ALONG SW 135TH AVENUE IN THE CITY OF
T 1GAlRcD,`WAST IIN GTON COUNTY,OREW GON.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15,08.040 of the Tigard
Municipal Code on February 23, 1999 and approval has been recommended by the Community Development
Department; --
WHEREAS,the approximately 28,645 square foot portion of said easement had been previously dedicated to the
public per Easement Document 89-20392 for the purpose of providing a detour during the construction of SW
135 'Avenue; and
WHEREAS,Southwest 135x'Avenue has been improved and the detour easement is no longer necessary; and
WHEREAS,a11 affected 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 Municip;tl Code Section 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 April 13, 1999, finds that it is in the public
interest to approve the request to vacate said detour easement as the public interest will not be prejudiced by this
vacation,as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 28,645 square foot
portio~ of detour easement as shown and described on the attached Exhibits A and B(map and
legal of
of the area to be vacated),and by this reference,made part thereof.
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 U nan t mc)u S vote o, all Council members present after being read by number and
title only,this/fin day of � i(- 1999.
8&0M.0 U
Catherine Wheatley,City Recor r
:Zcol-1F,'—MayV
1999.
APPROVED: By Tigard City Council this /3 ,
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Approved as to form:
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Date
ORDINANCE No.54- Bcitywide\ordwacl35th2.0rd
(4/13/99 City Council Public Nearing) 03/24/99 5:40 PM
ATTACHMENT 1: "EXHIBIT a"
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VICINITY MR T sly!13A'U AVENVE
EXHIBIT N oEronR EASEMENTVACAT110N
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• ATTACHMENT 1: "EXHIBIT B"
DESCRIPTION
FOR
THE VACATION OF DETOUR EASEMENT
A PORTION n�'6' E TRACT OF LAND IN THE EAST 1/2 OF SECTION 33
iaa Va��aVa• V
TOWNSHIP I SOUTH RANGE ONE WEST WI L.LAMETTE MERIDIAN,CITY OF
TIGARD,WASHINGTON COUNTY,OREGON,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED
RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED
RECORDS WHICH IS N 010 38'40"E 233.21 FEET FROM THE SOUTHEAST
CORNER OF S�DE DICATION DEED; THENCE N Oi 6 30'40"E,ALONG SAID
EAST LINE,A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF
PARCEL 1 PARTITION PLAT 1996-059 AND THE TRUE POINT OF
BEGINNING;THENCE N 01°38'40"E,ALONG SAID EAST LINE,A DISTANCE
OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR
EASEMENT; THENCE S 380 21'20"E A DISTANCE OF 155.57 FEET'TO A POINT
100.00 FEET EASTERLY OF(WHEN MEASURED AT RIGHT ANGLES)SAID
EAST LINE; THENCE S 01-38'40"WA DISTANCE OF 227.66 FEET; THENCE S
410 38'40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF
PARTITION PLAT 1996-059; THENCE N 60°30'26"W,ALONG SAID NORTH
LINE,A DISTANCE OF 8.42 FEET THENCE N 58°35'39"W ALONG SAID
NORTH LINE A DISTANCE OF 47.34 FEET; THENCE N 58 44'38"W,ALONG
SAID THE NORTH LINE,A DISTANCE OF 39.48 FEET TO THE NORTHWEST
CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING.
CONTAINING 28645 SQUARE FEET.
e
ATT MHMEHT 2
CITY OF TIGARD,OREGON
RESOLUTION NO.99 jj
A RESOLUTION INITIATING THE VACATION OF A 28;645 SQA1 RE FOOT DETOUR
EASEMENT ALONG SW 135TH.
WHEREAS,the approximately 28,645 squaw foot portion of easement had previously been dedicated to the
public for the purpose of providing a detour during the construction of SW 135th;and
WHEREAS,SW 135 'has been improved and the detour easement may no longer be necessary;and
WHEREAS,the poiitioner io re„"Pet;no that the City of Tigard initiate Vacation proceedings to vacate the
;gyp pmYi_m-ately 28,645 square foot portion of detour easement along SW 135"' Street, south of the Summer
Creek Apartments;and
WHEREAS,the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested
detour easement vacation.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
Section 1: The Tigard City Council hereby initiates a request for the vacation of an
approximately 28,645 square feet detour easement along SW 13d, south of the
Summer Creek Apartments, as more particularly described in Exhibit "A" and
Exhibit"B"and by reference,made a part hereof.'
Section 2: A public hearing is hereby called to be held by the City Council on Tuesday,April 13,
1999, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard,
within the 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 vacating of said public easement.
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 public hearing, the first publication to be on March 25, 1999 and the final
publication to be on April 1, 1999. The Recorder is further directed to cause to have
posted within five(5)days after the date of first publication,a copy of said m3tice at or
near each end of the area proposed to be vacated.
PASSED: This �r� day of 1999.
or-City of Tigard
ATTT:
City Recorder City of Tigard
RES01,1117I0N NO.99- i-.V:itywiddVCAVacl3 .res
Page 1 oft 8-Febnmy-99 Julia PH
' EXHIBIT A
DESCRIPTION
FOR
THE VACATION OF DETOUR EASEMENT
A PORTION OF THE TRACT OF LAND IN THE EAST 1/2 OF SECTION 33
TOWNSHIP 1 SOUTH RANGE ONE WEST WILLAMETTE MERIDIAN,CITY OF
TIGARD,WASHINGTON COUNTY,OREGON,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED
RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED
RECORDS WHICH IS N 010 38'40"E 233.21 FEET FROM THE SOUTHEAST
CORNER OF SAID D8DICAT TLON DELED; THENCE N 010 38'40"E.ALONC*SAM
EAST LINE,A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF
PARCEL 1 PARTITION PLAT 1996-059 AND THE TRITE POINT OF
BEGINNING;THENCE N 01°38'40"E,ALONG SAID EAST LINE,A DISTANCE
OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR
EASEMENT; THENCE S 38°21'20"EA DISTANCE OF 155.57 FEET TO A POINT
100.00 FEET EASTERLY OF(WHEN MEASURED AT RIGHT ANGLES)SAID
EAST LINE; THENCE S 01*38'40"W A DISTANCE OF 227.66 FEET; THENCE S
410 38'40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF
PARTITION PLAT 1996-059; THENCE N 600 30'26"W,ALONG SAID NORTH
LINE,A DISTANCE OF 8.42 FEET THENCE N 580 35'39"W ALONG SAID
NORTH LINE A DISTANCE OF 47.34 FEET; THENCE N 58°44'38"W,ALONG
SAID THE NORTH LINE,A DISTANCE OF 39.48 FEET TO THE NORTHWEST
CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING.
CONTAINING 28645 SQUARE FEET.
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VICINITY MAP t SW 135T8 AVENOE
EXHIBIT N DETOOR EASEMENT VACATION
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