Ordinance No. 64-20 CITY OF TIGARD, OREGON
ORDINANCE No. 64 - 20
AN ORDINANCE REPEALING AND CANCELING ORDINANCE No. 64-9
AND AMENDING ORDINANCE No. 64-7 TO CORRECT THE LEGAL DESCRIPTION
OF AN AREA VACATED AND AN AREA DEDICATED IN LIEU THEREOF FOR
PUBLIC ROAD PURPOSES IN LOT 2 AND PART OF LOT 1, FREWING ORCHARD
TRACTS, IN SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE
MERIDIAN, TIGARD, WASHINGTON COUNTY, OREGON.
wtsRaa13 Ordinance tvo. 54-7 duly and regularly enacted by
the City Counc of Tigard, Oregon on May 25, 1964 and recorded in
Book 516, pages 319 to 322, inclusive, Washington Caunty, Otagon
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 certain
lands in lieu thereof, and the descriptions contained in Ordinance
64-7 of the area to be vacated and the area to be dedicated were
bath erroneously_stated; and
WHEREAS, by ordinance No. 64-9, enacted by the City Council
of Tigard, Oregon on the 13th day of July, 1964, and recorded in
Book 517 at page 392, !•!ashington County need Records, it was
sought to correct the description of both the area intended to
be vacated and the area to be dedicated in lieu thereof; however,
error again occurred with respect to said description; and
WHEREAS, it is necessary to re-state both the description
of the area to be vacated and the area to be rededicated to con-
form to the lot lines and dimensions shown on the official plat,
and to bring them into conformity with the area factually vacated
and the area factually rededicated,
THEREFOR--,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section l: That Ordinance No. 64-9, passed by the City Council
Bit tM 1-3th :day 6f July, 1964, and recorded in Book
517 at page 392, Deed Records, Washington County, Oregon, be and
the same is hereby repealed, canceled, annulled and held for
naught.
Section 2: That Section l of Ordinance No. 64-7, as enacted by
the City Council on May 25, 1964, and recorded in Book
516, at ppages 319 to 322 inclusive, Washington County Dead Records,
be and the same is hereby amended to read as follows:
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"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 vacated and the rights of the public
therein and thereto be and the same are hereby annulled and
held for naught:
All those portions of dedicated street lying within the
boundaries of Lots D, E, F, G, H and I as shown by the
Plat of Lots being a subdivision of Lot 2 and part of
Lot 1, FREWING ORCHARD TRACTS, in Section 2, Township
2 South, Range 1 West, Willamette Meridian, Washington
County, Oregon , as filed in the office of the Recorder
cf Conveyances on the 4th day of August, 1915."
Section 3: That Section 2 of Ordinance No. 64-7 be, and the same
is hereby, amended to read as follows:
"Section 2: That the vacation of said area shall be con-
ditional upon the completion of the rededication
of sufficient land to form 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 area for street_, road and utility purposes, as
proposed by deedcuted by ig rd C nity Methodist
Church on the Z111,eIday of , 1964, and the
recording of sai deed:
A strip of land fifty feet wide lying along both sides
of and within twenty-five feet when measured at right
angles of tae following described center line:
Beginning at a point on the line common to the Hicklin
and Richardson Donation Land Claims Southwesterly 7.5
feet when measured at right angles from the lot line
common to Lots B and C of the Plat of Lots being a
subdivision of Lot 2 and part of Lot 1, FREWING ORCHARD
TRACTS, in Section 2. Township 2 South, Range 1 West,
Willamette Meridian, Washington County, Oregon, as
filed on the 4th day of August, 1915, in the office of
the Recorder of Conveyances; thence Southeasterly along
a line parallel to and 7.5 feet from the line common
to said Lots B and C and the same extended to a point
75 feet Southeasterly of the Southeasterly line of said
Lot C; thence Northeasterly to a point on the Easterly
line of Lot F said subdivision 50 feet Southeasterly
from the Northwesterly corner of that certain tract con-
tracted to be conveyed to James Willock et ux by Mary
Jo Elliott et al as described in contract of record in
Book 483, page 115, Washington County, Oregon, Deed
Records;
Ic EXCEPTING THEREFROM that portion thereof lying within
the boundaries of S.W. Pacific Highway (#99W) and that
portion thereof as previously dedicated within the
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boundaries of Lot B of said subdivision."
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Section 4: 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 become
effective immediately upon its passage by the Council and approval
by the Mayor.
PASSED: By unanimous vote of all council members present,
after beipg read b title only the required three times
this 2 day of � PreM 6E�Q, 1964.
RecoVIder - Ultoy or Tigard
APPROVED: By the Mayor, this .VW day of 6&R , 1964.
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fyor City ot Tigard
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