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Resolution No. 95-58 CITY OF TIGARD,OREGON RESOLUTION NO.93-M A RESOLUTICN CONCERNING THE VACATION OF A 10 FOOT WIDE PUBLIC UTILITY E&SEMENT LO=CATED ON LOT 49 OF THE BENCHVIF_+,ii!ESTATES SUBDIVISION. l WHEREAS,the plat of Benchview Estates dedicated a 5 foot public utility along the side lot lines of all lots within the subdivision;and, WHEREAS,the City approved a lot line adjustment(MIS 95-0016)between lots#9 and#10;and, WHEREAS,the property lines of lots#9 and#10 moved but the easement remained;and, WHEREAS,the 10 foot wide utility easement is no longer necessary;and, WHEREAS,the owner of the affected lot has requested that the easement be vacated;and, WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW,THEREFORE:,BE IT RESOLVED by the Tigard City Council that: Section 1: -Rhe Tigard City Council initiates a request for the vacation of a 10 foot wide public utility easement located on lot#9, of the Benchview Estates subdivision, as more particularly described in Exhibit"B". Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, December 19, 1995,at 7:30 p.m.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 propsosed vacating of said easement. Section 3: The City Recorder is heeby authorized and directed to cause to have published iri the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing,the first publication to be on November 30, 1995 and the final publication to he on December 1 1365. The Recorder is further directed to cause to have posted within five th days after e date of first publication,a copy of said notice at,or near,each end of the area proposed to be vacated. Section 4: The particular public easement to be vacated is shown on the attached Exhibit"A"and by reference made a part hereof. PASSED: This Al 16day of , 1995 r-City of Tigard - ATTEST: City Recorder-City low - w i ®.IS,4tell rl` O1 � 111 t 0 i EXHIBIT B October 3, 1995 r. V !Wells and associates inc. 4230 N.E.Fremont St LEGAL DESCRIPTION ortland,OR 97213 Phone(503)24-589 (W,B. WELLS & ASSOC., INC. - JOB 94-303) Phone(503)284-5696 FAX(503)284-85M UTILITY EASEMENT DESCRIPTION TO BE VACATED A tract of land being a portion of Lots 9 and 10 of the duly recorded plat of "BENCHVIEW ESTATES", situated in the Southeast 1/4 of Section 4, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as = follows: A 10.00 foot wide utility easement lying 5.00 feet on each side of the following described line: Commencing at the Northwest corner of said Lot 9; thence a distance of 62.21 feet along the arc of a 48.00 foot radius circular curve to the right, through a central angle of 74°15'26" (long chord bears South 39"12'41" West, a distance of 57.95 feet) to the True Point of Beginning of this description; thence South 1301'06" East, a distance of 48.02 feet to the terminus point of this description. 4 Exceptional Service, creative Solutions, Quality Beyond Your Expectations. RIX IR ' I CT coo 1� ui n a s CHVIEW CL Vd0 - N c`Po w IL VICINITY MAP NOTE:MAP IS NOT TO SCALE N 4 Jilin g. EXHIBIT D i � v S ' Benchview P1 <1 F-Ani��5- "-7-17 saTY E LLJ i L7 :Lot 10 PROPOSAL. I n 30' ft Lot iLne adjustment of Lots 9 and 10 Benchview Estates Seale i with Lot 10 deeding approx.1428 sq. .to Lot 9. 1 = 3 Lot Size of Lot 10 CASCADE TOME DEV Before Adjustment_ 10,325 s..f_ I6 $ 2100 NE Broadway Ste 2B After Adjustment=8,897 sq. . Portland,OR 97232 ft1 Lot Size of Lot 9 Phone 331-1365 Fax 2841618 Before Adjustment=8,801 sq.ft. -After Adjustment= 10,229 sq.ft. CASE NO. PLOT PLAN I i� t m`c a�-0014