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Resolution No. 79-32 CITY OF TIGARD, ORE,JN RESOLUTION No. 79-,3,2_ A RESOLUTION CONCERNING VACATION OF A PORTION OF AN UNNAMED 30 FOOT WIDE DEDICAT- ED PUBLIC RIGHT-OF-WAY IN ROSEWOOD ACRE TRACTS IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON WHEREAS, the area described on the attached sheet headed "Exhibit A", and by this reference made a part hereof, is an undeveloped unused street and/or alley dedicated to the public for highway purposes; and WHEREAS, the area described on said Exhibit "A" now lies within the plat- ted area of ROSEWOOD ACRE TRACT, a duly recorded subdivision of record in said County; and WHEREAS, the area described on said Exhibit "A" also lies within the cor- porate boundaries of the City of Tigard, Oregon; and WHEREAS, said described area does not serve a public purpose and is so situated as to be of no usefulness now or in the future as part of the public street system of the City; and WHEREAS, it appears to be in the public interest that the said area be vacated and restored to the tax rolls and made available to development and use; and WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners have petitioned for the initiation of vacation proceedings as authorized in Chapter 271 ORS. NOW, THEREFORE, BE IT RESOLVED by the City Council of Tigard, as follows: (1) "That the public hearing is hereby called to be held by the City Council of Tigard on Monday, April 23, 1979, at Lecture Room Fowler Junior High School, 10865 S.W. Walnut Street, within the City of Tigard, beginning at 8:00 P.M., at which time and place the Council shall hear any objections thereto, and any interested person may appear and be F heard for or af,..in-:: the proposed vacating of said lands. (2) "T:.at the lily Recorder be, and she is hereby, authorized and dir- ected to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be made on the 21st day of March, 1979, and once each week thereafter for five publishings in all. C RESOLUTION No. 79-� "The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form hereto attached, at or near each end of the area(s) proposed to be vacated, and in addition, the Recorder shall post a copy of said notice in at least two (2) conspicuous places within the area(s) proposed to be vacated, all of said postings to be accomplished d within the time herein stated. (3) "That the particular portion of dedicated street proposed to be vacated is described on the attached sheet headed "Exhibit A" and by this reference made a part hereof. PASSED by the Council on the day of 11-4li rc ft- 1979. pp t: �t Mayor ATTEST: " City Recorder to y: 1 Page 2 °`" RESOT'.TTION No. 79— EXHIBIT "A" A tract of land in the NE4, NE%, Section 13, Township 2 South, Range 1 West, W.M., Washington County, Oregon, being a portion of the 30.00 foot roadway dedicated to the public in "Rosewood Acre Tracts" a subdivision of record in the Washington County town plats, and on the North line of said plat. Said portion being more particularly described as follows: Commencing at the Northeast corner of "Rosewood Acre Tracts", being the Northeast corner of said Section 139 also being the Northeast corner of said road; thence S 890 34' W along the North line of said road 319.2 feet to the Southwest corner of that tract described in deed to the State of Oregon, by and through its State Highway Commission, recorded in Book 166 at page 415 of the Washington County Deed records, and the true point of beginning of the tract herein described; thence S 089 02112" W 30.33 feet (to a point on a line described as running from the above described true point of beginning, Southerly in a straight line to the Southwesterly line of said State of Oregon property described in said Book 346, Page 268, at a point 200 feet Westerly of, when measured at right angles to, the center line of the Pacific Highway, formerly West Portland-Hubbard Highway, which center line is referred to in that deed to the State of Oregon, by and through its State Highway Commission, recorded in Book 166, Page 679, of Washington County Record of Deeds); thence along the _ North line of lot "E" of "Rosewood Acre Tracts", S 890 34` W 218.84 feet to the Northeasterly right-of-way Zine of the Southern Pacific Railroad; thence along said Railroad, on a non-tangent 2496.64 foot radius curve to the right, 39.98 feet along the arc (the long chord bears N 410 48' 25" W 39.98 feet) to the North line of said "Rosewood Acre Tracts"; thence N. 890 34' E 249.73 feet to the true point of beginning, containing 0.16 acres more or less.