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Ordinance No. 01-06 t , CITY OF TIGARD,OREGON ORDINANCE NO.OI-01%0__(P AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 9,544 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW 67TH AVENUE,IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON(VAC2001-00001). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on May 8,2001,and WHEREAS, the approximately 9,544 square foot portion of the road had previously been dedicated to the public;and WHEREAS,SW 67'Avenue is unimproved and dead-ends into the SW Haines Road southbound off-ramp of Interstate-5;and WHEREAS,the said portion of public right-of-way is no longer necessary;and WHEREAS,the vacated portion will be used as a second access to the property to the north;and WHEREAS,the City will no longer have maintenance responsibility of this area;and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed the vacation proposal and have provided no objections;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 Tigard Municipal Code 15.08.120, notice of the public hearing was posted in the area to be vacated and published in the newspaper;and WHEREAS,the property owners of the majority of the area affected have not objected in writing; and WHEREAS,the City Council having considered the request at a public hearing on June 26,2001, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 9,544 square foot portion of public right-of-way as shown and describ:d on the attached Exhibits B and C (legal description and map of the area to be vacated), and by this reference,made part thereof. ORDINANCE No.01 _ i:\citywide\ord\VAC67thORD.doc Page t of 2 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor,and posting by the City Recorder. PASSED: By u 11 1)I YY QUS vote of all Council members present after being read by number and title only,this 52(Lql day of A .2001. 'Gotherine Wheatley,City Reco er APPROVED: By Tigard City Council this qday of ,2001. J' G th,M r Approved as to form: v� Attorney Date ORDINANCE No.01 iAcit3rwide\ord\VAC67th0RD.doc Page 2 of 2 �, ----- Exhibit A m p Z -Df C 2 X c m r = cn c �+ AVE 69TH AVE 68TH In 67TH . AVE W Y re O � x � w K y U.S.HWY.1-5 Y \ S.W. 651 AVE. <4<1 G N N N p _< F O S.W.64TH. AVE. . N Hm cn f —1 L T R S.W. 62ND p AVE. f v ro vag. eD Kai g !! !! W -� — RECEIVED P NING Exhibit B MAY 0 2 2001 •• ' ` 0 Wvcytng,f CITY OFTIGARO A Street Vacation Description in the Southeast '/4 of Section 36, T. 1 S., R. 1 W., W.M. SW 67"' , Between Block 13 and Block 14 "West Portland Heights" and North of the 1-5 Freeway soutli'bound off ramp at Haine Rd. as it exists on April 4,2001. Beginning at the northwest corner of Block 14"West Portland Heights", said point also being on the east line of.SW 67"', Thence south along the west line of block 14 a distance o1'142.60 feet, Thence S 61137'46"W to the cast line of Block 13 and the southeast corner of Lot 34 "West Portland Heights",a distance of 68.19 feet 'thence north along the cast line of Flock 13 a distance of 175.00 feet, said point also being the Northeast corner of Block 13, Thence east 60.00 feet to the place of beginning. This Descriptor prepared by Joe H Ferguson, PLS JOE H. FERGUSON, PLS PAUL J. MORIN, PLS LAWRENCE O. HART, PLS 18435 SL Pine St.,r'ol land,t)rrgon 97233 Pli.(5031618-0564 F--,-,(50.,)60-I503 cm�il:«olf�t�ollsunrlin fit wch.,ice:��u�t.wollsitr�ering.cotn Exhibit C �i "C U)(J) rn� -Q � rnorry � rn z �Z� y ZE z � Zz I rn C') o Z-1: 0 r Cb g O ~ n C) Com,) C Pi M-00100.00N 00'SLl 0 1 m NI p JIB V/rH � �O 1p z y6 0 �{ 0 M„OO,OO.00N ' 09'Z4l i C)Cb _ 1 In N o!'1 0 x o O< zlim ~ ; �� w m ca w y r 0)rr, Ch 1 .7 Cb m a 1 A 1 1 r