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Ordinance No. 01-11 Attachment 1 CITY OF TIGARD,OREGON ORDINANCE NO.01-Jj._ AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON(VAC2001-00002). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on July 10,2001,and WHEREAS,the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public;and WHEREAS, SW Beveland Street has been reali ped to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection;and WHEREAS, the applicant has requested that the City of Tigard vacate the approximate 11,702 square foot portion of public right-of-way;and WHEREAS,the said portion of public right-of-way may no longer be necessary;and WHEREAS, the Tigard City Council finds it appropriate to vacate the requested public right-of- way; 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 Municinal 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 August 28, 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 016 271.120 and TMC Section 15.08.130. ORDINANCE No.of-1 _ i:\citywide\ord\VACBEVELANDORD.doc Page 1 of 2 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit"A"and Exhibit"B"and by reference,made a part hereof. 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 LAf)6YTkrA0US vote of all Council members present after being read by number and title only,this a�'"day of ,2001. athertne Wheatley,City Ilecorder ¢_h APPROVED: By Tigard City Council this o�8 day of 32001. J G r Approved as to form: Attorney -� 2L,21 Date ORDINANCE No.01- 1 i:\citywide\ord\VACBEVELANDORD.doc Page 2 of 2 k Exhibit A GRiffity LANd SuRvEyiiNq 12700 S North Dakota St.—Suite,180,pKI 210—Tigard,Or.97223 Office:(503)579-13509 Fax(503)679.6623 April 30,2001 S.W.Develand RoAd-Right of Way Vacation Legal Description. A portion of SW Beveland Road as platiod in'Hermoso park';O subdivision filed in Washington County Plat Records, situated in the NE 114 of Section 1, T.2S., RIK, W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the Southwest corder of Lot 16 of said"Hermoso Park"; Thence Easterly along the North right of way Bne of sold SW Seveland Road to a point 46 feet westerly,when Measured-at right angles,from the centerline of SW 72nd Avenue; Thence parallel with said centerline. S 2033'30' W. 30.17 feet to the cerderfine of said SW Beveland Road; Thence continuing parallel with the eenterilne of said SW 72nd Avenue, S 2.33'30'W, 22.37 feet; Thence along the arc of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 2202,02°(chord bears S 13°45'46"W,7.77 feet)a distance of 7.82 feet to the South right of way line of said SW Baveland Road; Thence along said South right Of way line,N 81.54'22'W, 1'50.17 feet; Thence along the arc of a nope-tangent curve concave Northeasterly, radius point bears N 29'27"42" S, 245.00 feet, through a cenu-at angle of 9'16'59' (Chord bears N 55"53'481 W, 39.66 feet)a distances of 39.69 feet; Thence along the are d a reverse curve concave Southw asterly, having a radius of 305.00 feet through a central angle of 5.3528'(chord bears N 54"0'3'02'W.29.75 feet)a distance of 29.75 feet to a point S 8.05'36'W from.the Southwest comer of said Lot 16; Thence N 8005'38'E.28.71 fest to the point of beginning. Courses in the above description are derived from a Record of Survey prepared In March 2001 by Minister-Glaeser Surveying Inc. RFAISTERED PROFESSIONAL. LAID SURVEYOR KEiOtEIFt D.tlRiFflN o Exhibit E m� 3 3� � �0 ------------------ 61 IL gig ; !yg• �r Exhibit C vol Lati I m v y 72ND A > TI 0 z X o aD � N 2 C z N -� AVE 69TH 1 z ell 68TH 1 v o` a 0 RZA ; d r z► if o if $ � .ac -4"-+ if40 o li _ t ;' C= --o it if