VAC1993-00001 some
CITY OF TIGARD, OREGON
ORDINANCE NO. 93 - c>70
AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF THE 15 FOOT
WIDE STORM DRAINAGE EASEMENT WHICH LIES ADJACENT TO AND SOUTH OF
THE NORTHERN LOT LINE OF LOTS 4 AND 5 OF THE JUBILEE PLACE
SUBDIVISION IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, the Tigard City Council initiated this vacation request
pursuant to Section 15.08.040 of the Tigard Municipal Code on June
22, 1993; and
WHEREAS, This easement is a dedicated public easement, giving the
public rights over the land for utility improvements; and
WHEREAS, the purpose for this vacation is to vacate the southerly
five feet of this easement which is not needed for the current
development; and
WHEREAS, the vestees of the adjacent properties support this
vacation; and
WHEREAS, the vacation has been initiated by the City Council and
approval has been recommended by the Community Development
Division; and
WHEREAS, all affected service providers, including utility
companies and emergency service providers, have reviewed this
vacation proposal and have raised no objections in relation to this
request; and
WHEREAS, notice has been mailed to all property owners abutting
said vacation area and all owners in the affected area, as
described by ORS 271.080; and
WHEREAS, in accordance with TMC 15.08.040, the Recorder posted
notice in the area to be vacated and published notice of the public
hearing; the owners of the majority of the area affected have not
objected in writing; and
WHEREAS, the Council having considered the request on July 27,
1993, finds that it is in the public interest to approve the
request to vacate that certain portion of public utility easement
because the public interest will not be prejudiced by this vacation
as provided by ORS 271. 120 and TMC Section 15.08. 130.
ORDINANCE NO. 93- D
Page 1
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation
of that certain portion of the public storm
drainage easement as described on the attached
Exhibit A (map of area to be vacated) and by this
reference made part hereof.
SECTION 2: In no situation shall this ordinance be effective
until the 31st day after its enactment by the City
Council, approval by the Mayor, and posting by the
City Recorder.
PASSED: By Ur1Lt n i nYlc:�us vote of the Council members
present after being read by number and title only,
this 27th day of July, 1993.
rAZL n-f' 13 4:La_ ,
Catherine Wheatley, City ficorder
APPROVED: This ' / da Of ;/ / , 1993.
/7 r
A
Gerald R. Edwards, Mayor
Approved as to form:
Ci y torney
27_ ltr91
Date
ORDINANCE NO. 93- t
Page 2
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Centerline Concepts, Inc_
640 82nd Drive Gladstone,Oregon 97027 503 650-0188 fax 503 650-0189
CUENT NAME: JAY MILLER BUILDER INC. DRAWN:BTA
ADDRESS: 9567 S.W. JUBILEE PLACE SCALE:1".20'
LOT: 4 JUBILEE PLACE DATE:4-8-93
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--SIX FOOT PUBUC U71UTY EASEMENT
ALONG FRONT LOT ONES
EXHIBIT A
f -
CITY OF TIGARD, OREGON
RESOLUTION NO. 93-21P
A RESOLUTION CONCERNING THE VACATION OF A PORTION OF THE 15 FOOT
WIDE STORM DRAINAGE EASEMENT WHICH CROSSES THE NORTHERN LOT LINE OF
LOTS 4 AND 5 OF THE JUBILEE PLACE SUBDIVISION IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, the southerly 5 feet of the subject easement is a
dedicated easement, giving the public rights over the land for
utility improvements; and
WHEREAS, the southerly 5 feet of the subject easement is no longer
needed; and
WHEREAS, the property owner(s) will be required to retain a 10 foot
storm sewer easement across the northerly 10 feet of the subject
properties; and
WHEREAS, the Tigard City Council finds it necessary and desirable
to initiate vacation proceedings for a portion of said easement.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
(1) 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
(2) A public hearing is hereby called to be held by the City
Council on Tuesday, July 27, 1993, 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 a
portion of said easement; and
(3) the City Recorder be, and (s)he 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 July 8, 1993 and the final
publication to be on July 15, 1993.
The Recorder be, and (s)he is hereby, further directed to
cause to have posted within five (5) days after the date of
RESOLUTION NO. 92-0 (P PAGE 1
first publication, a copy of said notice at or near each end
of the area proposed to be vacated; and
(4) That the particular portion of granted public easement to be
vacated is shown on the attached sheet labeled Exhibit "1" and
by reference made a part thereof.
inJ
PASSED: This o�o'? day of , 1993.
ATTEST: / G9/�,% CCe
-/ Mayor - City of Tigard
CCadh•efl.kg. W
City Recorder - City of Tiga
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RESOLUTION NO. 93- - PN 2
‘480, Nie
NOTICE OF PUBLIC RIGHT-OF-WAY HEARING
A PORTION OF THE 15-FOOT WIDE STORM DRAINAGE EASEMENT
WHICH CROSSES THE NORTHERN LOT LINE OF LOTS 4 AND 5 OF THE
JUBILEE PLACE SUBDIVISION
The Tigard City Council will hold a public hearing on Tuesday, July
27, 1993 , at 7:30 p.m. at the Tigard City Hall, Town Hall Room,
13125 S.W. Hall Boulevard, Tigard, Oregon, to consider the proposed
vacation of a portion (southerly 5 feet) of the 15-foot wide storm
drainage easement which crosses the northern lot line of Lots 4 and
5 of the Jubilee Place Subdivision. The request was initiated by
the City Council on June 22, 1993 , on behalf of Mr. Jay Miller,
President of New Castle Homes, Inc. Any interested person may
appear and be heard for or against the proposed vacation of said
public right-of-way. Any written objections or remonstrances shall
be filed with the City Recorder by July 27, 1993 , by 7:30 p.m.
TT Publish July 8 and 15, 1993
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