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Ordinance No. 64-09 r 1 CITY OF TIGARD, OREGON ORDINANCE NO. 64 - AN ORDINANCE AMENDING Ordinance Iio. 64-7, TO CORRECT THE LEGAL DESCRIPTION OF AN AREA PREVIOUSLY DEDICATED FOR PUBLIC ROAD PURPOSES BY THE TIGARD COMMUNITY IM.THODIST CHURCH Lot and part of Lot 1, Frewing Orchard Tracts, , . > , Tigard, Washington County, Oregon. WHEREASORDINANCE No. 64-7 duly and regularly enacted by the City Council of Tigard, Oregon on May 25, 1964 and recorded in Book 516, pages 319 to 322, inclusive; «asb ingtnn County, Oregon Deed Records, in Section 1 thereof provided for the vacating of a portion of a dedicated street within the subdivision of Lot 2 and part of Lot 1, Frewing Orchard Tracts, and in Section 2 thereof, as a condition for the vacating of such portion of said street, required the Tigard Community Methodist Church to dedicate ceitain lands in lieu thereof; and WHEREAS, the description contained in Section 1 of Ordinance No. 64-7 with respect to the area to be vacated is erroneous and the description contained in Section 2 with respect to the lieu lands to be dedicated is likewise erroneously stated, and it is de- sired by this ordinance to correct the said descriptions in accord- ance with Sections 1 and 2 as hereinafter stated, NOW, THEREFORE, THE CITY OF TIGARD OIMAINS AS FOLLOWS: Section l: ishereby, 'allowsbe, and the same "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, vacated and the rights of the public therein and thereto be and -he same are hereby annulled and held for naught: All that portion of a dedicated street within the subdivision of Lot 2 and part of Lot 1, Frewiag Orchard Tracts, in the City of Tigard, located Southeasterly of, along and within 17.5 feet of the Northwesterly lines of Lots IV` and "H", and lying along and North-westerly of and within 17.5 feet of the Southeasterly lines of Lots E and F" in said subdivision and extending from the North- easterly lines of said Lots "F" and "G" to the Northeasterly line of Lots "D" and"I".said sub- division; e_s.cn- that portion of a dedicated street being a ' prolongation cr S. W. Walnut Place occurring along and within 17.5 feet of the boundary common to Page 1 ORDINANCE No. 64- Lots "D" and "E", and along the boundary common to Lots "H" and "I" a subdivision of Lot 2 and part of Lot 1, Frewing Orchard Tracts, and extend- ing from the Southerly line of TRACT I&, as de- scribed and dedicated TO THE PUBLIC for street, road and utility purpose in Correction Deed of Dedication dated July , 1964, granted by Tigard Community Metho t Church, and recorded in Book fj , page5�2�3ffDeed Records of Wash- ington County, Oregon, outheasterly to join with the area hereinabove first described and Mcposed to be vacated. 1t being intended by the foregoing ro ciesnrije all that portion of the street dedicated by the plat of the subdivision of Lot 2 and part of Lot 1, Frewing Ordhard Tracts lying within or abutting on Lots "D" "E" "F" "Gre "H" and "I" of said subdivision EXCEPTING THAT portion thereof lying within the boundaries of that 50-foot street as described and dedicated in Correction Deed of Dedication from Tigard CommuniMethodist Church TO THE PUBLIC dated July , 1964 and recorded in Book 511 at pages, Deed Records." Section 2 That Section 2 of Ordinance No. 64-7 be, and the same is hereby, amended to read as follows: "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 � and part of Lot 1, Frewing Orchard Tracts, and shall take effect only upon the consummation of said rededicating of the fol- lowing described area for street, road and utility purposes, as proposed by Correction Deed of Dedication recuted by Tigard Community Methodist Church on the day of July, 1964, and the recording of said deed: TRACT I: A strip of land fifty (50) feet wide, lying a o-Z n`g Troth sides of and within twenty-five (25) feet, when measured at right angles, of the followingg de- scribed line: Beginning at a point South 45°12` west 25 feet from 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 Sec. 2, T2S, PlW, W.M., Tigard, Washington County, Oregon; thence South 43 23150" East parallel to and 15 feet from the Southwesterly line of Lot "E" in said subdivision, 75 feet to a point; thence Northeasterly to a point on the Easterly line of Lot "F" said subdivision, 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 re- corded in Book 483 at page 115, WashingtonCounty, Oregon Deed Records. Page 2 ORDINANCE No. 64 a i TRACT Ii: A strip of land fifty (50) feet wide escr a as follows: Beginning at the Southerly most corner of hot "B", a subdivision of Lot 2 and part of Lot 1, Frewing Orchard Tracts, Tigard Washington County, Oregon, thence South 45*12t West 50 feet to a point on the South line of Lot "C" said subdivision; thence Northwesterly on a line parallel to and 50 feet Southwesterly of the South- westerly line of Lot "B" said subdivision, 255.5 feet more or leas to the Southeasterly boundary of S. W. Pacific Highway; thence Northeasterly along the Southeasterly line of said Highway 50 feet to the Westerlymost corner of said Lot "B'; thence soucheasterly with the auui:itwc6tGrl line of said Loft "B" to the most Southerly corner of Lot "B", the point of beginning. " Section 3: inasmuch as it is necessary that the error in the description of the area to be dedicated for public road purposes be corrected with the least possible delay, for the { peace, health and safety of the City of Tigard, it is hereby de- clared that an emergency exists, and this ordinance shall bacome effective immediately upon its passage by the Council and approval by the Mayor. PASSED: By unanimous vote of all Council members present, aftgr being first read in full and then by title, this day of July, 1964. wax Seco er - C' tY of Tigard APPROVED: By the Mayor, this day July,-)I964. r ' Mayor - City of Tigard J Page 3`- ORDINANCE No. 64- ni Sx� �{a NA