Resolution No. 97-48 t CITY OF TIGARD,OREGON
RESOLUTION NO.9T-4-S
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A RESOLUTION INITIATING THE VACATION OF: 1)APPROXIMATELY 16,174 SQUARE FEET
x e OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FANNO CREEK PLACE; AND 2)
sem" APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE
WESTERLY LINE OF LOT 36 OF"FANNO CREEK ACRE TRACTS".
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WHEREAS,the right-of-way had been dedicated to the public;and,
e WHEREAS,the approximately 4,914 square foot road had been dedicated with the platting of"Fanno Creek Acre
.Tracts"in 1911;and,
WHEREAS,SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo Studd's
and Northwest Landscape Industries;and,
+ WHEREAS,the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of
"Fanno Creek Acre Tracts"is also undeveloped and not used in any way;and,
WHEREAS,:the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
1 approximately 16,174 square foot portion of SW Fanno Creek Place;and,
' HEREAS,the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an
r approximately 4.914 square foot portion of an unnamed roadway adjacent to lot 36 of"Fanno Creek Acre Tracts";
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and.
WHEREAS,the public right-of-way may no longer be necessary: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:
j
x Section 1: .The Tigard City Council initiates a request for the vacation of, 1)approximately 16;174
kav ;square feet of public right-of-way commonly known as.SWFanno Creek.Place;.and 2)
} " .'approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot
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-36 of"Fanno Creek Acre Tracts", as more particularly described in Exhibit "A" and
Exhibit"B".
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4 ' Section 2: A public hearing is hereby called to be held by the City Council on Tuesday,January 27,
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c -1998,at 7:30 p.m.at Tigard City Hall,13125 SW Hall Boulevard,within the City of Tigarrt,
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 proposed vacating of said public
right-of-way. ,
RESOLUTION N0.4'7 Page 1 aft
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Section 3: The City Recorder is hereby authorized and directed to cause to have published in the
Tigard Times,a newspaper of general circulation in the City of Tigard,a notice of said
hearing,the first publication to be on January 8, 1998 and the final publication to be on
January 15,1998. The Recorder is further directed to cause to have posted within five(5)
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days after the date of first publication,a copy of said notice at,or near,each end of the areaMW
proposed to be vacated. K itx
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Section 4: The particular public right-of-way to be vacated is shown on the attached Exhibit"A"and wk .e
Exhibit"B" and by reference,made a part hereof. £ �)
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PASSED: Thisc; day of,,./ 1997.
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City Recorder-City of Tigard U '
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LEGAL DESCRIPTION JOB NO.3950 £
PORTION OF 4/23197 WC
S.W.FANNO CREEK PLACE x r
CITY OF TIGARD c
WASHINGTON COUNTY,OREGON �
TO BE VACATED
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THAT PORTION OF S.W.FANNO CREEK PLACE(COUNTY ROAD A-138)IN THE
NORTHEAST-QUARTER SECTION 13,TOWNSHIP 2 SOU n`
-Q TH,RANGE i WEST,
WILLAMETTE MERE)IAN,WASHINGTON COUNTY,OREGON DESCRIBED AS y
FOLLOWS:
BEGI rnm_v_r__AT TIM SOUTH CORNER OF TRACT 37;"FANNO CREEK ACRE N 't
TRACTS",A SUBDIVISION RECORDED DECEMBER 2,1911,IN WASHINGTON
COUNTY PLAT BOOK 5,PAGE 14,AND RUNNING THENCE ALONG TEE r
SOUTHWESTERLY LINES OF TRACTS 37 AND 36 OF SAID"FANNO CREEK ACRE
TRACTS.N.44'37'35"W.,412.16 FEET TO THE EASTERLY LINE OF THE OREGON y}
ELECTRIC RAILWAY RIGHT-OF-WAY,25.00 FEET FROM CENTERLINE;THENCE, a t
ALONG SAID RIGHT-OF-WAY LINE,42.53 FEET ALONG THE ARC OF A NON-
TANGENT CURVE RIGHT,CONCAVE NORTHWEST,THE RADIUS OF WHICH IS
.:1,457.69 FEET,THE CENTRAL ANGLE IS 1.40.18",AND THE LONG CHORD BEARS „ a,
S.25°31121"W.,42.53 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF S.W. x
FANNO CREEK PLACE(COUNTY ROAD NO.A-)38);THENCE,ALONG SAID FANNO, x
CREEK PLACE RIGHT-OF-WAY LINE,PARALLEL.WITH AND 40.00 FEET l k
PERPENDICULAR FROM SAID SOUTHWESTERLY LINE OF TRACTS 36 AND 37,
S.44°37'35"E.,381.61 FEET TO A POINT-OF-CURVATURE;THENCE,ALONG THE
RIGHT-OF-WAY LINE OF THAT PARCEL 2 DESCRIBED IN THF.STREET DEDICATION u >
TO THE PUBLIC RECORDED AUGUST 1,1983,WASHINGTON COUNTY RECORDER'S 't ,
FEE NO.83-27515,16.54 FEET ALONG THE ARC OF A CURVE RIGHT,CONCAVE ' r*`�
WEST,THE RADIUS OF WHICH IS 14.00 FEET,THE CENTRAL ANGLE IS 67"40'37",
AND THE LANG CHORD BEARS S.10°47'17'E.;15.59 FEET TO THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF S.W.UPPER BOONES FERRY ROAD(COUNTY ROAD NO.
534),30.00 FEET FROM CENTERLINE;THENCE,ALONG SAID S.W.UPPER BOONES
FERRY ROAD RIGHT-OF-WAY LINE,N.49°05'02"E.,48.78 FEET TO TIM POINT-OF-
BEGINNING;CONTAINING 16,174 SQUARE FEET,MORE OR LESS;THIS
DESCRIPTION WAS PREPARED FROM THE MAP OF SURVEY NO.18,823 ON FILE IN vt
THE WASHINGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY REFERENCE z
IS MADE A PART HEREOF.
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EXHIBIT
" LEGAL DESCRIPTION #3950
9/10/97 WC
30 FT
r"x { .ROAD
q y ADJOINING LOT 36
FANNO CREEK ACRE TRACTS
t CITY OF TIGARD
` WASHINGTON COUNTY,OREGON
TO BE VACATED
EXHIBIT"A"
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PART OF THAT 30—FOOT WIDE ROADWAY IN THE NORTHEAST—QUARTER OF
SECTION 13,TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN,
' WASHINGTON COUNTY,OREGON,DEDICATED TO THE PUBLIC BY MEANS OF N,
} "FANNO CREEK ACRE TRACTS",A SUBDMSION RECORDED DECEMBER 2,1911 IN
WASHINGTON COUNTY PLAT BOOK 5,PAGE 14,AND DESCRIBED AS FOLLOWS: a.
ALL OF SAID 30—FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LOT
36 OF SAID"FANNO CREEK ACRE TRACTS"LYING BETWEEN THE
SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE
EXTENDED OF SAID LOT 36;THE WESTERLY LINE OF SAID ROADWAY ADJOINS
THE 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGHT—OF—WAY AND IS 163.8
FEET LONG. ;
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