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Ordinance No. 06-01 CITY OF TIGARD,OREGON ORDINANCE NO. 06- O T AN ORDINANCE VACATING AN APPROXIMATELY 7,845 SQUARE FOOT PORTION OF AN UN-NAMED PUBLIC RIGHT-OF-WAY WHICH LIES TO THE EAST OF SW 7e AVENUE AND EAST OF THE S P & S RAILROAD RIGHT-OF-WAY, NORTH OF SW DURHAM ROAD, IN THE CITY OF TIGARD,-:WASHINGTON COUNTY, OREGON (VA.C2005-00003). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on December 20, 2005, and has been recommended by the Community Development Department; and WHEREAS, the approximate 7,845 square feet of umanied right-of---way to be vacated has never been used for public or private road purposes and is not required for ingress or egress to or from adjoining properties; and WHEREAS, the applicants have requested that the City of Tigard vacate an un-named public right-of-way approximately 7,845 square feet in area and described in exhibits "A-1 and A-2" and "B-1 and B-2"; and WHEREAS,the City will no longer have maintenance responsibility for 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 on February 28, 2006, fn-ids 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; and NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 7,845 square foot portion of public right-of-way as shown and described in the attached Exhibits "A-1, A-2, B-1 and B-2" (legal descriptions and map of the area to be vacated), and by this reference,made part thereof ORDINANCE NO.06-01-- Page 1 of 2 i:\curphi\jamesIVAC\VAC2005-00003.ord SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder and upon .. � recording of a certified copy of the ordinance by the City Recorder. PASSED: By n a )moq vote of all Council members present after being read by number and title only, this VI'day of , 2006. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council tivs day of Craig D'- sen, Mayor Appr ved as to form: r Ci ttorney Y D Date ORDINANCE No. 06--01 Page 2 of 2 Page 2 t�� E ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 114 OF SECTION 12, z TOWNSHP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON 1"=B0' OCTOBER 25TH, 2005 t j j 1 1 3 4 r o V TL 9 300 ROAD A N N T p C VACA77ON .p C R AREA 3849 SF 1 %�1 TL 9200 TL 1100 rj AKERMAN / WATHEY 00C. NO. 920318?S / O T 8 . DEVELOPMENT 2407 NE 292rrd Avenue, Camas, WA 98507 350.834.2519 Fax.834.5498 2407 NE 292nd Avenue C, ) camas, WA 98607 360.834.2519 fax.834.5498 c,halcumb@verizon,net DEVELOPMENT PRavrDrNG S'LJRVEYING AND XANN£NG'SERVICES W£TH R PERSONAL coMM£TMENr To EXcELLGNCE. Legal Description 30-foot Wide Public.Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creelc Acre Tracts, a Plat of Record In Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 114- of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and state of Oregon, being more pardcular[y described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & 5 Railroad 50-foot wide Flight of Way, lying North of the Westerly Extension of the South line of said Lot 35, and lying South of the Westerly extension of the North line of that Tract of Land described in deed to Richard D. Akerman and James E. Wathey, recorded in Document Number 92031816, Washington .County Deed Records, Containing 3,849 Square f=eet. ROAD VACATION SKETCHrroN 12, LOCATED IN THE SW / SE TOWNSHIP 2 SOUTH, RANGE I WEST, W.M. CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON OCTOBER 25TH, 2005 I ! f 3 A. r r ! r N D � ROAD ! ! O TL 1300 VACATION LARUSSO CONCRETE AREA 3996 SF COMPANY, INC. Ly +' %�' DOC. NO. 2000032753 ! FANN T AC ,AGUE o !! 40• TL 1200 TL 1100 .'� 30, r � OT DEVELOPMENT 2407 NF 292nd Avenue Camas, WA 98507 360,&34.2519 Fax.a34.5'499 _ 24.07 NE 292114 Avenue Camas, WA 98607 360.834.25 .9 fax.834.54.98 c.halcu mb@verizon.net DEVELOPMENT pg0V.rDJ'NG sURVEY.rNG A1V0 PLANNING SSRVTCSS wrrH A pERSONAL GoMMTTMENT To Exc6LLENe4F. Legal Description 30-foot Wide Public Right of Way Vacation October 251 2005 A portion of that 3Q-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12., Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the 5 P & 5 Railroad 50-foot wide Right of Way, lying South of the Westerly Extension of the North 11he of said Lot 35, and lying North.of the Westerly extension of the South line of that Tract -of Land described in deed to Larusso Concrete Company, Inc., recorded in Document Number 2000032753, Washington County Deed' Records, Containing 3,996 Square Feet.