Ordinance No. 99-26 CITY OF TIGARD,OREGON
ORDINANCE NO.99-a(9
AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 2,899
SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW MAIN STRCET, NEAR THE
INTERSECTION OF SW MAIN STREET AND PACIFIC HIGHWAY 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 August, 10, 1999,and has been recommended by the Community
Development Department; and
WHEREAS, the approximately 2,899 square foot portion of the road had previously been
dedicated to the public; and
WHEREAS, Main Street has been re-aligned so that the intersection was moved further west to
make it closer to a"T"intersection which would facilitate right turn movements;and
WHEREAS, the re-alignment resulted in surplus right-of-way, a portion of which was asphalted
and is currently utilized as parking for the adjacent business;and
WHEREAS,the surrounding properties will continue to have access to public right-of-way; and
WHEREAS, the vacated right-of--way continues to be utilized as off-street parking; and
WHEREAS,the City will no longer have maintenance responsibility of this area;and
WHEREAS, all affected service providers, including utility companies and emergency service
providers,have reviewed the vacation proposal and have provided no objections,provided a utility
easement is provided to cover existing utility lines; 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 August 10, 1999,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 15.0R.130;
and
WHEREAS,the Council finds that the following condition is necessary to vacate said land:
L A public utility easement over the existing PGE utility lines shall be dedicated.
ORDINANCE No.99-Q—&t i:\citywide\ord\VACMain20RD.doc
Page i of 2 16-Sep-99 1:08 PM
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 2,899 square foot
portion 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 that the vacation be subject to the
following condition:
1. A public utility easement covering PGE utility lines shall be dedicated.
SECTION 1 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 it i n(k m m ou S vote of all Council embers present after being read by
number and title only,thisQL-'` day of o/) ?gym-lO�it_ 1999.
L4�
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council thi08day of^ , 1999.
les Mayor
Approved as to form:
l�—
City A o ey
2,6 K-0 '
Date
ORDINANCE No.99- i.\citywide\ord\VACMain2ORD.doc
^
rage 2 of-, 16-Sep-99 1:08 PM
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EXHIBIT MAP N PUBLIC RIGHT-Of-WAY
VACATION
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ANDY IPAIIJS &ASSVMATES,INC.
REGISTERED PROFESSIONAL.LAND SURVEYORS
15%2 BOONES FERRY ROAD
LAKE OSWEGO,OREGON 97035
Pii:(503)6363341 FAX:(503)636-0477
PROPERTY DESCRIPTION: Tax Lot 1000,Tax Map 2S 1 2AC
DATE: February 12, 1999 JOB NO.: 98221
NAME: Kim&Fran Gritzbaugh LOCATION: SW Main Street
Street Vacation—City of Tigard
FOR USE ON LEGAL INSTRUMENT
A tract of land situated in the Northeast one-quarter of Section 2, Township 2 South, Range 1
West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being more
particularly described as follows:
Beginning ata 5/8" iron rod on the southeasterly right of way line of Oregon State Highway
99W,which bears S 65016'02"E 871.27 feet from a'/4"iron pipe at the southeast corner of Lot
20, "Amended Plat of North Tigardville Addition"; thence leaving said southeasterly right of
way line, S 44°14'30" E 50.44 feet; thence northeasterly on a non-tangent curve to the- right
having a radius of 165.00 feet through a central angle of 18100'00"(chord bears N 41007'4T'E
51.62 feet)51.84 feet to a point of tangent;thence along said tangent, N 50007'47"E 37.88 feet
to a 5/8"iron rod;thence N 45003'00"W 15.87 feet to the northwesterly right of way line of SW
Main Street; thence S 68°39'30" W along said right of way line, 85.55 feet to the intersection
with said southeasterly right of way line of State highway 99W; thence S 45045'30" W along
said southeasterly right of way line, 10.19 feet to the Point of Beginning.
Containing 2,899 square feet.
REGISTER1wD
PROFESSIONAL.
h.A URV OR
OREGON!
Jmtumy 15.in?
HAROLD P.SALO
22"