Ordinance No. 11-01 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 11- O 1
AN ORDINANCE VACATING APPROXIMATELY 114 SQUARE FEET OF PUBLIC RIGHT-
OF-WAY ALONG SW BURNHAM STREET IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON (VAC2010-00001).
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of
the Tigard Municipal Code (TMC) on January 25, 2011, and has been recommended by the
Community Development Department; and
WHEREAS, the approximately 114 square feet of right-of-way had previously been granted to the
public; and
WHEREAS, all affected service providers, including utility companies and emergency service
providers, have been given the opportunity to review the vacation proposal, have requested a utility
easement be retained,and an easement has been prepared;and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners
in the affected area, as described in ORS 271.080; and
WHEREAS,in accordance with Tigard Municipal Code Section 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 March 8, 2011, 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
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 114 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
SECTION 2: Said vacation is hereby conditioned and shall be effective 30 days after 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.
ORDINANCE No. 11DI
-
Page 1
PASSED: By U r) a/1 i MUDSvo e�of all Council members present after being read by
number and title only,this �— day of` Ati.c�u ,2011.
5�Z
L.J
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this day o ,2011.
q*Ditkrie.Q,Mayor
Appr ved as to form: Gretchen Buehner,Council President
r
ity Attorney
a-4.cjl
Date
/PRDINANCE No. 11- d
Page 2
Ord. 11,01
RIGHT-OF-WAY
VACATION FOR SW BURNHAM STREET
A tract of land situated in the east one half of Section 2,Township 2 South Range 1 West of the Willamette
Meridian,in the city of Tigard,Washington County,Oregon,Described as follows:
Commencing at the Northwest corner of the tract of land described in Book 125 Page 66 of the Washington
County Deed Records; Thence N 02' 14'22"E a distance of 182.70 feet to a 5/8"Iron Rod as set in Survey
No. 13665 of the Washington County Survey Records; Thence S 88' 09'22"E a distance of 105.62 to the
southwesterly Right-of-Way of County Road 997,SW Burnham Street; Thence S 43' 16' 11"E,along said
southwesterly Right-of-Way,a distance of 28.32 feet to the angle point in said southwesterly right-of-Way and
The True Point of Beginning; Thence S 88° 09'22"E,along the southerly Right of Way,a distance of
18.84 feet to a point of the southerly right of way of SW Burnham Street 37.50 feet southerly of the center
line as shown in Survey No. 31307 of the Washington county Survey Records and a point on a non-tangent
curve to the left; Thence along said curve to the left with a radius of 312.50 feet,a central angle of 06' 23'
17" (a chord which bears N 65' 42' 35"W,34.82 feet) and a length of 34.84 feet to a point of the
southwesterly line of County Road 997; Thence S 43' 16' 11"E,along said southwesterly line,a distance of
18.74 feet to the true point of beginning.
Containing 114 square feet.
Esc h, I�,- ;I B
Ord. 11• (x )
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AREA TO BE VACATED
114 SOCWRE FEET
Revisions and Addentlums
Description Date No. B CAPITAL CONSTRUCTION AND
TRANSPORTATION DIVISION BURNHAM STREET SHEET
�`' "125& � IMPROVEMENTS
FAX �=4-om OF
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DESIGN: DRAWN: CHECK: PROJ=CTI' RIGHT-OF-WAY VACATION