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Resolution No. 89-56 CITY OF TIGARD, OREGON RESOLUTIGN 140. 8975(�- A RESOLUTION 00210ERNING THE VACATION OF A PORTION OF SW 95TH WIENUE, LOCATED IN ASHBROOK FARM, A RECORDED SUBDIVISION FLAT, IN THE CITY OF TIGARD , WASHINGTON COUNTY, OREGON. WHEREAS, a vacation request has been received and filed with the City for vacation of a portion of S.W. 95th Avenue; and WHEREAS, this portion of S.W. 95th Avenue is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, the abutting property owners, Gene and Vivian Davis, and the Oregon Department of Transportation, support the vacation; and WHEREAS, the Tigard City council finds it necessary and desirable to initiate vacation proceedings for said right-o£-way. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings and that the benefitting property owners, Gene and Vivian Davis, pay all fees and charges as set out in TFdC 15.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, August 14, 1989, at 7-30 PM at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said right-of-way. (3) That the City Recorder be, and she is hereby, authorized and directed 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 refereance made a part hereof, the first publication to be July 13, 1989 and once each week thereafter for five publishings in all. 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 not ice in the form attached, at or near each end of the area proposed to be vacated. RESOLUTION NO. 89-5W Page S (4) That the particular portion of granted public right-of-way to be vacated Is described on the attached sheet headed Exhibit "A' and by reference made a part thereof. t PASSED: This 1+% - day of � -1-`y89. yor - City of Tigard ATTEST: q, Deputy Recorder - city of 9ard— RESOLUTXO?4 No. 89-,LP Page 2 NOTICE OF PUBLIC RIGHT-OF-WAY VACATION HEARING A PORTION OF SW 95---J AVENUE IN ASHBROOK FARM SUBDIVISION The Tigard City Council will hold a ablic hearing on map-days August 14, 1989, at 7:30 p.m- at the Tigard Civic Center Town Hall Room, 1.3125 SW Hall Boulevard, Tigard, Oregon to conaLder the proposed vacation of a portion of SW 95th Avenue within AahJbroo➢c Farm, a recorded plat in the city of Tigard, Washingtan County, Crogon. 'ihe request wan 1xiltiated by the city Council on July 10, 1989, at: Che re�qugst of Gene and Vivian Davis. A_Zy interested person may appear aLnd be heard for cor against the proposed vacation of said public right-cf-way- Any written objections or remonstrances shall be filed with the City Recorder by August 34, 1989, by 7:30 p.m. TT PUSI,ZSH July 13, 20, 27, August 3. 10, 1989 ROBERT M.SCRLEINING RH+/Gent AMD ASSOGdAT 5. ONC. Elii dit imEE'd�S SURVE lYt7l s 6-23-89 LEGAL DESCRIPTION for the VACATION OF A PORTION OF S-W. 95TH AVE. Our job No. 88-208 A tract of land being a portion of. S.W. 95th. Avenue (C.R. Na. 1018) , situated in the N.E_ 1/4 of Section 35, Township 1 South, Range 1 West, W.M., being more particularly described as follows: Beginning at the N.W. corner of Lot 17 of the duly recorded plat of ASpBROOK FARM, Washington County Plat records, said beginning point being the intersection of the centerline of S-W. 95th. Avenue with the centerline of. s-W. Oak Street, thence along the centerline of said S.W. 95th. Avenue, South 7 21`42" West, a distance of 361.07 feet; thence North 82"38'18" West, a distance of 20.00 feet to the intersection of the West right-of-way line Of said S.W- 95th. Avenue with the West line of that tract of land described in Deed to the State of Oregon, recorded in Book 451, Page 203 Washington county deed records, said point also being the TRIJE POINT OF BEGINNING of the tract herein described; thence along said West right-of-way line of S.W. 95th.. South 7121'42" West, a distance of 92.91 f t ,x.:c.^e Sure_ n,nn•4s- West, a d;srancg of 4&_84 feet; thence leaving said West sight-of-way line South 59037132" East, a distance of 46.36 feet to the East right-of-way line of said S.W. 95th. Ave.; thence along said East line, North 00100'46*' East, a distance of 69.70 feet; thence North 7121'42" East, a distance of 90.35 feet; thence North 82 38'18" West, a distance of 40.00 feet to the true point of beginning. Containing 6036 square feet more or less. REGISTEREt? PROF�S1O L L61 40 SURVE:YYCtr"t ( OREGON A .rsxY.e.'.s dsk 3 88-208-vac DAVID W. MILLS 01915 4230 N.E. FREMONT STREET PORTLAND, OREGON 97213 PHONE 284-5896 SW Oak St. 3200 3300 3400 3500 .29 As. .64 Ac •3/Ac (D 3100 /8 Ar. loo 2.96 Ac. '� 3000 -504c- 2-900 3oAc2900 .35 Ac. '3soo y.SB Ac d�•a Cfi i V GiC VACATED 2800 (3.48 Ar. DAV 15 �- PROMP—TiES 4800 .23Ac. 200 EDCH IBIT MAP TIS.RiW SECTION 35 2600 f