Ordinance No. 99-15 CITY OF TIGARD,OREGON
ORDINANCE NO.99-%1_5
AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 9,381 SQUARE FOOT
PORTION OF THE ROSS STREET RIGHT-OF-WAY 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 April 13, 1999 and approval has been recommended by the Community Development
Department; and
WHEREAS, the approximately 9,381 square foot portion of said easement had been previously dedicated to the
public; and
WHEREAS, the City has approved Hampton Court, a residential subdivision (formerly known as Elderberry
Square)under SUB 98-0013/PDR 98-0011;and
WHEREAS, right-of-way for a new alignment of a portion of Ross Street has been dedicated and will be
improved to City standards concurrent with the development of said subdivision; and
WHEREAS,upon completion of the new alignment,the old Ross Street right-of-way will no longer be needed by
the Public; andp
WHEREAS,all 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 Municipal 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.
WHEREAS,the Council finds that the following conditions are necessary to vacate said land:
1. Construction of improvements to the new alignment of Ross Street,as approved under SUB 98-0013/PDR
98-0011 (Elderberry Square Subdivision), shall be completed and accepted by the City prior to final
vacation of said portion of SW Ross Street.
2. Vacation shall be subject to reservation of a Public Utility Easement over the entire vacated area.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 9,381 square foot
portion of 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 that the vacation be subject to the following conditions:
I. Construction of improvements to the new alignment of Ross Street,as approved under SUB
98-0013/PDR 98-0011 (Elderberry Square Subdivision), shall be completed and accepted
by the City prior to final vacation of said portion of SW Ross Street.
2. Vacation shall be subject to reservation of a Public Utility Easement over the entire vacated
area.
ORDINANCE No.99 iAcurpin\mark\vacateross-ord
(6/8/99 City Council Public Hearing)
'SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the
Mayor,and patting by the City Recorder,
PASSED: By U VA.Y1 MW5 vote of 1 Council members present after being read by number and
title only,this_j 05_ ay of ' 1999.
�enne t ey, ity Recorder
APPROVED: By Tigard City Council this I�day of 11999,
,kftcs Nicoli,Mayor
Approve
tY 1y
Date
ORDINANCE No.99- is ewpWinarS -cateross-ord
(6/8/99 City Council Public Heaving)
Sent By WRG DESIGN INC.; 503 603 99443i May-27-99 9.32AM; Page 313
EXHIBIT MAP EXHIBIT °'A"
FOR A MW VACATION
A PORTION OF ti.m e05"5 r" (MIL NO. 1290)
LOCATED IN THE SIX 1/4 OF SECTION 12,
IN T 2 % R 9 W. VALLAMM MEN DIAN
CITY OF 71CARD
WASHINGTON COUNTY. OREOW
MAY 26, 1999
S.W. ROSS STREET (C.R. NO. 1290)
/� �' 2. 0'
S89 20'10•W 185,20' ���� /'
POINT OF BEGINNING ,-�,�I
N89'20'10`E Q�G
45.01' P� O p
I DEDICATION RIGHT—OF—WAY OF r 60 9
XAP
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Ci I
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CURVE TABLE
® I DELTA I RADIUS I LENG I CHORD I CH DIST
133 Z 1 18'5 ' 6' 1 230.00' 70-77' IS62 JWl 79,37'
J
_ LEGEND:
30' PROPOSED STREET VACATION
I 0,211 AOCRARE FEET ss:NE�••6a►
07
FD. 1.1/4" BRASS DISK
IN IRON. BOX SHEET 2 OF 2
SW COR, SEC. 12 JOB NO. MATOOS
11 12 HELD PER USBT SK 2. PG 10
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14 13
D a 1 cp N
10450 SW NNWS AVE., PORTLAND. OREGON 97223
® 1Q'(503) 603-9933 FAX' (503)603-9844
PLANNERS■ENGINEERS•LANDSCAPE, ARCHITECTS•SURVEYORS
Sent By:- WRG DESIGN INC.; 503 603 9944; May-2/•99 9:32AM; Nage 2(3
N
AM EXHIBIT "B"
q
STREET VACATION
TIGARD, OREGON
S.W.ROSS STREET(C.R.NO. 1200)
JOB NO,MAT006
MAY 27, 1999
LEGAL DESCRIPTION:
A 45.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF S,W. ROSS STREET(C.R. NO.
1290)SITUATED IN THE SOUTHWEST QUARTER OF SECTION 12 IN TOWNSHIP 2 SOUTH.
RANGE 1 WEST,WILLAMETTE MERIDIAN AND LOCATED IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON,SAID STRIP DESCRIBED SPECIFICALLY AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID S.W.
ROSS STREET(C.R.NO. 1290),20.00 FEET SOUTHERLY FROM THE CENTERLINE
THEREOF,MEASURED PERPENDICULAR THERETO,WITH A LINE 45.00 FEET EASTERLY
G' "HE CENTERLINE OF S.W.HALL BOULEVARD(C.R.NO.23), MEASURED
PERPENDICULAR THERETO, SAID POINT OF BEGINNING BEARS NORTH 00°3T55"EAST,
2286.69 FEET AND NORTH 89.20'10"EAST,45.01 FEET FROM THE SOUTHWEST CORNER
OF SAID SECTION 12;THENCE PARALLEL WITH THE CENTERLINE OF SAID S.W.HALL
BOULEVARD NORTH 00037'55"EAST,45.01 FEET TO THE NORTHERLY RIGHT-OF-WAY
LINE OF SAID S.W. ROSS STREET,25.00 FEET NORTHERLY FROM THE CENTERLINE
THEREOF,MEASURED PERPENDICULAR THERETO;THENCE ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE NORTH 89°20'10"EAST,282.60 FEET TO THE BEGINNING OF A NOW
TANGENT CURVE;THENCE•ALONG THE ARC OF A 230.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY,THROUGH A CENTRAL ANGLE OF 19052'16"(THE LONG
CHORD BEARS SOUTH 67426'35"WEST,79.37 FEET)A DISTANCE OF 79.77 FEET TO A
POINT OF TANGENCY;THENCE SOUTH 5702947"WEST, 29.17 FEET-TO SAID
SOUTHERLY RIGHT-OF-WAY LINE OF S.W.ROSS STREET;THENCE ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89°20'10"WEST,185.20 FEET TO THE POINT
OF BEGINNING.
CONTAINS 9,381 SQUARE FEET(0.215 ACRES)
SHEET 10F 2
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