Ordinance No. 64-07 CITY OF TIGARD, OREGON
` ORDINANCE No. 64 - __.1__.
AN ORDINANCE VACAI.ING A PORTION OF A DEDICATED UNOPENED
STREET, BEING AN EXTENSION OF S. W. WALNUT PLACE, WITHIN THE
SUBDIVISION OF LOT 2 AND A PART OF LOT 1, FREWING ORCHARD TRACTS,
IN SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
IN THE CITY OF TIGARD, WASHINGTON COUNTY, uaGON. _
..,., tho
!7;IEREAS, a petition war; iii=u riry Recorder of
wa..•:
the City of Tigard, Oregon, on the 23rd day of March, 1964, reques-
ting the, vacation of a portion of a dedicated unopened street
within the City of Tigard, the same being an extension of S. W.
Walnut Place, in Lot 2 and a part of Lot 1, Frewing Orchard Tracts,
said petition setting forth a description of the ground proposed
to be vacated, the purpose for which the ground was proposed to
be used, and the reason for such vacation:, and being -submitted by
the Tigard Community Methodist Church, Mary Jo Elliott, Janet H.
Weber, James Willock and Betty M. wiilock, being the owners of
all abutting property acid the owners of not less than two-thirds
in area of the real property affected thereby, and said owners
having duly consented to the said vacating in writing, duly
acknowledged before an officer authorized to take acknowledgments
of deeds; and
WHEREAS, the City Recorder of the City of _Tigard has found
the said petition to be legally sufficient, and he duly filed the
same in his office on the 23rd day of March, 1964, and he duly
informed at least one of the petitioners that the petition would
come before the City Council at its regular meeting on the 23rd
day of March, 1964; and
WHEREAS, the said petition was brought before the City
Council at its regular meeting on March 23, 1964, and a resolution
was tY:gn duly passed by the City Council fixing Monday, the 27th
day of April, 1964, at the hour of 8 p.m , and the City Hall of
i
said city, as the time and place of hear ng of said petition; and
WHEREAS, notice of the petition and hearing was given by
publishing in the Tigard Times, a newspaper published in the City
of Tigard, once enc;► we for four consecutive weeks, and further
notice was given by the City Recorder of the pendency of said
petition and of said hearing by posting a notice thereof at or
near each end of the proposed vacation, headed "Notice of Street
Vacation," and by posting in two other conspicuous places in the
proposed vacation area, all of said posting being performed o:
March 27, 1964, more than twenty-eight days before the said hearing;
and
kTM,RZIAS, the petitioners were called upon and did deposit
` with the City Recorder a sum sufficient to cover the estimated
cost of publication, posting and anticipated expenses; and
WHEREAS, at the time fixed by the governing body for hearing
of petition and any objections filed thereto, the Tigard City
Page 1 ORDINANCE No. 64 - rl _
C
Council did hear all parties appearing in favor of said petition,
and no one appearing in opposition thereto; and
WHEREAS, the Tigard Community Methodist Church has tendered
a deed of dedication to establish a public way for street, road
and utility purposes within Lot 2 and part of Lot 1, Frewing Orchard
Tracts aforesaid, to provide a substitute fifty-foot relocated
street in lieu of the dedicated unopened area hereinafter described,
said rededication to take effect upon the consummation of the vaca-
tion hereby to be ordained; and
WHFR_EAS, the City Council thereupon determined that the con-
sent of the owners of the requisite area had been obtained, that
notice had been duly given, that the public interest would not
be prejudiced by the vacation of said part of said street as
�c City Cr.�inc�l pa -ae-d- j
hereinafter described, andthezeu�,Gn ta•c , �_____
resolution favoring the said petition and directing the City Attor-
ney to prepare an ordinance for later enactment by the council to
carry into effect the said vacating;
NOW, THEREFORE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That the following-described portion of a dedicated
street located within the subdivision of Lot 2 and part
of Lot 1, Frewing Orchard Tracts, be and the same is hereby vac-ated
and the rights of the public therein and thereto be and the same
are hereby annulled and held for naught:
All that portion of a dedicated street within the sub-
division of Lot 2 and part of Lot 1, Frewing Orchard
Tracts, in the City of T igard, located Southeasterly
of, along and within 17.5 feet of the Northwesterly
lines of Lots "G" and "H", and lying along and Northe
westerly of and within 17.5 feet of the Southeasterly
lines of Lots "E" and "F" in said subdivision and ex-
tending from the Northeasterly lines of said lots "F"
and "G" to the Northeasterly line of Lots "D" and "I",
said subdivision;
ALSO: That portion of a dedicated street being a pro-
longation of S. W. Walnut Place occurring along and
within 17.5 feet of the boundary common to Lots "D" and
"E", and along the boundary common to Lots "H" and "I",
a subdivision of Lot 2 and mart of Lot 1, Frewing
Orchard Tracts, and extending from the Southerly line
of TRACT II, as described and dedicated TO THE PUBLIC
for street, road and utility purposes, in Deed of Ded-
ication dated March /47 , 1964, granted by T igard Com-
munity Methodist Church, and recorded in Book
purge 21ti , Deed Records of Washington County, Oregon,
Southeasterly to join with the area hereinabove first
described and proposed to be vacated.
It being intended by the foregoing to describe all that
portion of the street dedicated by,the,plat of the sub-
division of Lot 2 and part of Lot 1, Frewing Orchard
Page 2 7 ORDINANCE No. 64 _ _
Tracts lying within or abutting on Lots "D" "E" "F" "G"
"H" and 'I" of said subdivision, EXCEPTING THAT portion
thereof lying within the boundaries of that 50-foot
street as described and dedicated in Deed of Dedication
from Tigard Community Methodist Church TO THE PUBLIC
dated March , 1964 and recorded in Book 31 at
page a Ij , Debd Records.
Section 2: That this ordinance shall be conditional upon the
completion of the rededication of a fifty-foot area
for street, road and utility purposes within the subdivision of
Lot 2 and part of Lot 1, Frewing Orchard Tracts, and shall take
effect only upon the consummation of said rededicating of the
following-described arca for street, road and utility purposes,
decd .<g,�ro by T igard Co=nmity Methodist Church
as prupuacd by _.>� - - - ' 3cc?: k
on the 19th day of March, 1964, and the recording of said
TRACT I: A strip of land 50 feet wide, lying along,
both sides of and within 25 feet, when
measured at right angles, of the following described
line: Beginning at the most southerly corner of Lot "B",
a parcel in the subdivision of Lot 2 and a part of Lot 1,
Frewing Orchard Tracts, in Section 2, T2S, lW W.M.,
Tigard, Washington County, Oregon; thence S.43a23'50" E.
R
along the line of a dedicated riht of way parallel to
the northeasterly line of Lot "D' within said subdivision
of Lot 2 and part of Lot 1, Frewing Orchard Tracts, 75
feet to a point; thence northeasterly to a point on the
northeasterly line of Lot "F" of said subdivision of Lot
2 and part of Lot 1, Frewing Orchard Tracts S.43'43'50"
E. 50 feet from the northwesterly corner of that certain
tract contracted to be conveyed by Mary Jo Elliott et al
to James Willock et ux as described in deed of record
in Book 421 page /t_5' , Washington County, Oregon
Deed Records.
TRACT II: A strip of land 50 feet -gide described as
follows Beginning at the southwesterlymost
corner of Lot "B", a subdivision of Lot 2 and part of
Lot 1, Frewing Orchard Tracts in Washington County, Ore-
gon; thence S.43°23'50" E. 100 feet to the point of
intersection with the southerly line of Tract I above
described and dedicated hereby; thence northwesterly
along a line constituting a prolongation of the South
line of Tract I hereinabove described and dedicated,
approximately 50 feet to a point zonstituting the inter-
section of said prolongation with a line drawn parallel
to and 50 feet southwesterly of the first herein des-
cribed course of this description; thence N.43'23'S0" W.
along a line parallel to and 50 feet southwesterly of
the first herein described course of this description
to the southeasterly line of S. W. Pacific Highway;
thence with the southeasterly line of said highway north-
easterly 50 feyet to the westerlymost corner of Lot "B",
a subdivision of Lot 2 and part of Lot 1, Frewing Orchard
Tracts; thence S.43°23150" E. along the southwesterly line
of said Lot •"B" to the point of beginning;
EXCEPTING hereiron that portion thereof heretofore in
Page 3 - ORDINANCE No. 64 -
anywise dedicated or deeded to the public for street
and road purposes, it being the intention hereby to
dedicate only lands noc previously dedicated within the
boundaries of the area herein described.
Section 3: This ordinance shall be effecti-ie on and after the
31st day after fts enactment by the City Council of
Tigard.
PASSED: By unanimous vote of all council members present,
after being first read in full and then by title,
this 10day of May, 1964.
1lCt�oT Reco• er - gar
APPROVED: By the Mayor, this f May 64.
( Mayor - C ty o T gar
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