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VAC1974-00001 N r CITY OF TIGARD, OREGON (4 ORDINANCE No. 74- i, AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF S.W. 107th i 1 AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. i THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that Resolution No. 74-47 was adopted by the Council on August 8, 1974, relating to the vacation of the hereinafter described dedicated unopened portion of a public way and that a public hearing was thereby called to be held on September 23, 1974, and that notice of said hearing was given as required by Chapter 271. 110 O.R. S. as set forth in said resolution. Section 2: The Council further finds that a public hearing as thereby called to be held, was duly and regularly held at the regular Council meeting on September 23, 1974, at which time and place the Council afforded all interested persons an opportunity to be heard for -or against the proposed vacation of said lands, and the Council further considered all objections thereto. Section 3: The Council further finds that a majority of the owners of the area affected by said proposed vacation, computed on the basis provided in Chapter 271.080 O.R. S. , did not object thereto in writing and that owners affected thereby did, in fact, favor the vacation of said area; and the Council finds that said vacation will not substantially affect the market value of any abutting property. Section 4: The Council further finds that the public interest will not be prejudiced by the vacation of the herein- after described lands and that the said lands are not useful as part of the public street or road system of the City of Tigard and that it is in the public interest that said vacation be approved. Section 5: The Council further finds that the City recording officer has filed in her office a certificate showing that all city liens and taxes, if any, have been paid on the lands proposed to be vacated. Section 6: The following described portion of dedicated unopened street be and the same is hereby vacated and discontinued as a public way, within ,and along the East side thereof, for the full length of said portion of street to be vacated and further subject to the right of the City of Tigard to enter upon said easement for the purpose of construction, reconstruction, repair and maintenance of any and all public utilities and facilities: As described in Exhibit "A", attached hereto and by reference made a part hereof. Section 7: That the City Recorder be, and she is hereby authorized and directed to have a certified copy of this ordinance filed for record with the following Washington County departments: 1. Department of Records and Elections 2. Department of Revenue & Taxation - Attn: Assessor 3. Department of Public Works - Attn: County Surveyor all a required by Chapter 271. 150 ORS. AY4Y' Section 8: This ordinance shall be effective on and after the 31st day after its enactment by the City Council, and approval by the Mayor. PASSED: By vote of all Council members present, after being read three times by number and title only, this day of 1974. City Recorder APPROVED: By the Mayor, this day of 1974. Mayor ORDINANCE No. 74- Page 2 . t • ' 'Iwo EXHIBIT "A" A portion of public roidw�y in Section 3, Township ?. South, R,,nge 1 West, Will=mPtte Meridian. W=shington County, Oregon, being more particularly described as follows: All of that street known as (50 foot wide) S.W. 107th Avenue within FAIRHAVEN COURT, a duly recorded subdivision plat in Book 19 on P=ge 40 in said County' s plat records. Containing 0. 15 Acres. Re: S.W. 107th Avenue Street Vacation low IWAW September 30, 1974 Owen Snyder 10683 5.1,;. Fairhaven Ti„ard, Jregon 97223 Res SW 107th Avenue .!,'-ear fir. -',nyder: Please be advised the Tigard City Council at their regular meeting September 03, 1974, denied your request for a street vacation on the above property. The following Is an accounting Of Costs incurred by the City and covered by your deposit.- Deposit August 12, 1974 Tigard Times - Public Notices 42.78 REFUND 57.22 1 am enclosing your refund check in the amount of 557.22 and if I may be of further assistance to you regarding this matter, please feel free to contact me. Sincerely, Doris hartig City Recorder DHslw Enclosure .wYrr Y , s " August 22, 1974 To: Doris Hartig, City Recorder From: Robert Thompson Subject: Street Vacation - Notice Posting Affidavit On August 22, 1974, at 3 :30 P.M. four (4) vacation notices were placed by myself on S.W. 107th Avenue. One (1) being stapled on Portland General Electric power pole No. 6573 - C21-3, on the Northwest side of S.W. 107th Avenue, 133 feet ± North of S.W. Fairhaven Street; Another on Portland General Electric power pole No, 4386 - C21-3 on the Southeast corner of S.W. 107th Avenue; another on a post on the East side of S.W. 107th Avenue 66 feet ± North of S.W. Fairhaven Street; another on the West side of S.W. 107th Avenue 66 feet North of S.W. Fairhaven Street. R. L. Thompson A copy of the notice being hereto attached and by reference .Wade a part iiereof, on the 23rd day of August 1974 . Subscribed, and sworn to before me this 23rd day of August 1974 . 14otary Public •1y Commission expir�s/2/9/75 Affidavit of Posting S .W. 137th St. placation low. ."EXHIBIT A" NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF DEDICATED PORTION OF S.W. 107th AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution of the City Council of Tigard adopted on August 12, 1974, under authority of Chapter 271.130 Oregon Revised Statutes, a public hearing will be held by the City Council of Tigard at 8:00 P.M. on Monday, September 23, 1974 at Administration Offices, Charles F. Tigard Grade School$ Tigard, Oregon, with respect to the proposed vacation of the following described portion of a dedicated street (S.W. 107th Avenue) in the City of Tigard, Washington County, Oregon: A portion of public roadway in Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: All of that street known as (50 foot wide) S.W. 107th Avenue within FAIRHAVEN COURT, a duly recorded subdivision plat in Book 19 on Page 40 in said County's plat records. Containing 0. 15 acres. Any objections or remonstrances against said proposal to vacate said area may be made in writing and filed with the City Recorder prior to the date of the hearing, and all objections filed prior to the date of hearing will be heard and considered and any person having an interest in the proposal may likewise verbally be heard at said time and place. A 20 foot wide perpetual easement is being reserved for underground utilities therein. By order of the City Council of Tigard this 12th day of August, 1974. DORIS HARTIG, City Recorder TT Publish Aug. 22-29, Sept. 5-12-19 1974 BOOK /9 P" e i4o NIH )IVEN COURT I F LAND IN SECTION 3 T. 2 S. , R.I W. W. M . = SLAT OF LOTS 4 , 5 , 6 MELROSE ►N BOUNTY OREGON RECEIVED 00, MAY 9 1960 JUN lfi 1971 CITY OF TIGARD PETTIJOHN ENGINEERING COMPANY INC. '' : ' ` ,' ` : i......y rl._.�.... :.... . ....... S W. //+O '"AYE: _ �- S.W. /0 T �o9YE //A2.6" S a s'3'3s W //2 79 h `1 p _ GG727 1. /!-f.-!O j3/.`9S' '0• 1 S. YY FA/Rh/A YEN S T_ o o 1100 ' ZOO' a o ZZ 0vv 12 13 s.' 1 ac � a3 Q 0 0 wr � a �� � ° L, � "� `i� ay y tb IN lz�li m'y' / CITY OF TIGARD, OREGON RESOLUTION No. 74--Y--7- A 4-_7 A RESOLUTION CONCERNING VACATION OF A DEDICATED PORTION OF S.W. 107TH AVENUE 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 part of a dedicated street and/or alley in Fairhaven Court Subdivision within the corporate limits of the City of Tigard, Washington County, Oregon; and ;,WWI WHEREAS, said lands do not serve a public purpose and are 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 by the adjoining property owners to whose lands the same, if vacated, would attached; and WHEREAS, abutting property owners have verbally requested, pursuant to Chapter 271.080 ORS, the initiation of vacation proceedings and the City Council may initiate vacation proceedings, pursuant to Chapter 271. 130 ORS, by the Council's own motion without a petition from said property owners; NOW, THEREFORE, BE IT RESOLVED by the City Council of Tigard, as follows: (1) "That a public hearing is hereby called to be held by the City Council of Tigard on September 23, 1974 at the Administration Offices of Charles F. Tigard Grade School 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 heard for or against the proposed vacating of said lands. (2) "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 reference made a part hereof, the first publication to be made on the 22nd day of August, 1974 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 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) comspicuous places within the area(s) proposed to be vacated, all of said postings to be accomplished 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. (4) That a 20 foot wide general purpose perpetual easement be reserved for underground utilities, within the dedicated street proposed to be vacated, as described on the attached sheet headed "Exhibit B" and by this reference made a part hereof. PASSED BY THE COUNCIL ATTEST: Mayor / 7 City Recorder �. RESOLUTION No. \ It \ ; EXHIBIT "A" A portion_ of public rondwny in Section 3, Township 2 South. Range 1 West, Willmmptte Meridien. Wshington County. Oregon, being more particularly described ms follows: All. of that street known As (50 foot wide) S.W. 107th Avenue within FAIRHAVEN COURT, a duly recorded subdivision plat in Book 19 on Page 40 in said County' s plat records. Containing 0. 15 Acres. Re: S.W. 107th Avenue Street Vacation EXHIBIT "B" That portion of land in the Southeast quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the southeast corner of Lot 4 of FAIRHAVEN COURT, a duly recorded subdivision of record in said County; thence South 89°53'35" West, a distance of 112.79 feet to the southwest corner thereof; said southwest corner of Lot 4 being the true point of beginning of this description; thence running North 110 11' 20" East, along the West line of said Lot 4, a distance of 133.00 feet to the Northwest corner thereof; thence South 89° 53' 35" West a distance of 20.0 feet to a point; thence South 00° 11' 20" West, parallel with the West line of said Lot 4, a distance of 133.00 to a point; thence North 89° 53' 35" East a distance of 20.0 feet to the aforesaid true point of beginning of this description. Containing 0.061 Acres.