Ordinance No. 05-03 CITY OF TIGARD, OREGON
ORDINANCE NO. 05- 03
AN ORDINANCE CONCERNING THE VACATION OF A PUBLIC SEWER UTILITY
EASEMENT OF APPROXIMATELY 1,248 SQUARE FEET LOCATED AT SW FRE WING
STREET AT SW PACIFIC HIGHWAY, IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON(VAC2004-00002).
WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of
the Tigard Municipal Code on January 11'', 2005, and has been recommended by the Community
Development Department; and
WHEREAS, the approximate 1,248 square foot public sewer easement had previously been granted
to the public; and
WHEREAS,the applicant has requested that the City of Tigard vacate this public sewer easement as
described in Exhibit A and shown in Exhibit B located on property better known as 9965 SW
Frewing; and
WHEREAS, the said sewer utility easement, or portions thereof, are not necessary to advance the
public health, safety or welfare, in consideration of realigned easement and reconstructed sewer line
using modern materials; and
WHEREAS, all affected service providers, includuig utility companies and emergency service
providers, have been given the opportunity to review 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
WIIEREAS, 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 on February 8, 2005, finds that it is in
the public interest to approve the request to vacate said public sewer easement as the public interest
will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130;
and
WHEREAS, the vacation of said public sewer easement is necessary to construct the approved
improvements on the subject site.
NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 1,248 square foot
portion of public right-of-way as shown and described in the attached Exhibits
"A" and "B" (legal descriptions and maps of the areas to be vacated), and by
this reference,made part thereof
PASSED: By Ulla lrAW vote of all Council members present after being read by number
and title only,this day of -itq-UAX52005.
ORDINANCE NO.05-03 Page 1 of 2
Attachment 1-VAC2004-00002 Ord 1
City Recorder—City of Tigard f
APPROVED: By Tigard City Council this day of 2005.
."eo)E
Craig ksen,Mayor
Approved as to form:
A,
C Attorney
Date
ORDINANCE NO.05- 03 Page 2 of 2
Attachment 1-VAC2004-00002 Ord 1
EXHIBIT A
LEGAL DESCRIPTION
VACATE SANITARY SEWER EASEMENT
MASSIH PROPERTY
The following desadbed real property situated in the State of Oregon, County of Washington,
City of Tigard being a portion of Lot 21,Frewing Orchard Tracts, situated in the Northwest
quarter of Section 21,Township 2 South,Range 1 West of the Willamette Meridian;
An easement for sanitary sewer, 10.00 feet in width,the center of which is described as follows;
Deginning at a 518"iron bar marked"O.D.O.T"in the centerline of Pacific Highway and running
thence North 450 39'01"East along said centerline a distance of 205.24 feet to it's intersection
with the centerline of S.W. Frewing Street; Thence South 53' 160011 East along said centerline a
distance of 1.53.94 feet;Thence North 45'48'00"East a distance of 20.25 feet to the true point
of beginning of the tract herein described;Thence North 45' 48'00" East,a distance of 124.84
feet to the end of this easement.
""�]-:
STORM
PROFESSIONAL
LAND 5ElRvEYOR
OREGQN
JULY 16, 1987
THOMAS P.8WAR1
2312
i
EXHIBIT B
VACATED SANITARY SEINER EASEMENT EXHIBIT
PACIFIC PARK PLAZA
SW FREW1 NG STREET
SCALE: I"=40'
TL 2900 0 50
6897 SF
i ♦ FF=2110.0
o � �
hp UPPER STORY~
2984 SF \ ,I o'
♦ r/ I
TL 2800
hti
Noi
i x
0
TL 3200
TIE: x�x ♦♦
p toFSU°vFyL OR N45'4s'ao"E ' �O �•
LANA 20.25' `�'�� �♦ \ �.
dL1CY Welkin Engineering, P.C.
TH�M�2 PLANNERS CMLErrGMEMS,ANDSURMORS
: 8000 SA PFAFFLE STREE P,PORTLAND,OREGON 97229
PHONE M599-Mg FAXMOM598-1968
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