Ordinance No. 71-14 CITY OF TIGARD, OREGON
ORDINANCE No.71--L!/-
AN ORDINANCE VACATING PORTIONS OF A DEDICATED STREET WITHIN
THE SUBDIVISION OF "KINGSTON", CITY OF TIGARD, WASHINGTON COUNTY,
OREGON; VACATION THEREOF TO BE SUBJECT TO AND CONDITIONED UPON
DEDICATION TO THE PUBLIC BY DEED OF EQUAL AREA IN LIEU THEREOF AND
APPROVAL THEREOF BY CITY PLANNINC COMMISSION PURSUANT TO §§92.014
AND 227.100 G.R.S.; PROVIDING FOR EFFECTIVE DATE AND DECLARING AN
EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council finds that heretofore on the 8-th day of
February, 1971 by resolution duly passed, proceedings
were initiated by the Council pursuant to §271.130 ORS to vacate the
portione of a dedicated street within the subdivision of "KINGSTON"
within the City, described as TRACT I on Exhibit "A" hereto attached
and by reference made a part hereof.
Section 2: The Council further finds that pursuant to said resolu�-
tion, due and legal notice was given as required by
§271.110 ORS of a time and place for hearing of said proposed vacation
and a public hearing was duly and regularly held by the Council on
Monday, March 22, 1971 at Fowler Junior High School within. the City
and all obligations filed thereto were duly heard and considered,
and all interested persons appearing thereat were afforded an oppor-
tunity to be heard with respect thereto for or against vacating of
said area, and the Council thereafter continued the said matter until
its regular meeting of April 12, 1971.
Section 3: The Council further finds that the said hearing as con-
tinued was reconvened and all persons further desiring
to be heard were afforded an opportunity to be heard, and based on
the foregoing, the Council finds that the public interest will not
be prejudiced by vacation of said portions of said street, provided
that equal area as described in 'TRACT II of Exhibit "A" is dedicated
to the public by deed for street purposes in lieu thereof; and the
Council finds that with said lieu dedication, and subject to the
conditions hereinafter stated, the vacation of said area described
as TRACT ,I of Exhibit "A" is in the public interest.
section 4: That the vacation of TRACT I of Exhibit "A" be, and the
same is, hereby approved, to be effective as hereinafter
stated, subject to each and all of the following conditions:
(a)- That the owner or owners of the lands described
as TRACT II of Exhibit "A" shall, on or before may_15.-
1971 , make, execute, acknowledge and deliver,
in recordable form approved by the City Attorney, a good
and sufficient deed of dedication of the lands described
in said TRACT II to the public for street purposes, ,said
deed to be accompanied by a plat showing the area of
vacation and the area to be dedicated in lieu thereof,
as required by §271.160 ORS, and such ti.tle assurances
Page l - ORDINANCE No.71--4—
as the City Attorney may reasonably require, showing fee
simple title vested in the parties executing said deed.
(b) That said deed and title assurances upon
approval by the City Attorney, shall be submitted to the
City Planning Commission for consideration, pursuant to
5592.01+ and 227.100 ORS, who after consideration thereof
shall either approve or disapprove the dedication for
street purposes of the area described as TRACT II of
.Exhibit "A" in lieu of the area hereby conditionally
vacated and described as TRACT I of Exhibit "A". The
approval, if any, of the PlanningCommission shall be
endorsed upon said deed and shall bear the signature of
the President thereof acting pursuant to resolution of
the Commission.
(c) Upon such approval, if any, said deed of dedi-
cation together with a certified cony of this ordinance
shall be submitted for recording to the Recorder of the
County pursuant to 5271.150 ORS, and a certified copy of
this ordinance shall likewi.se be filed with the Depart-
ment of Revenue and Taxation (Assessor), and the Depart-
ment of Public Works (County Surveyor), all as provided
in §271.150 ORS.
Section 5: That nothing herein contained shall cause or require the
removal or abandonment of any sewer, gas or :cater main,
electrical conduit, or any other public utility facility, and the
right hereby is reserved to the owner of any such public utility
facility to mair_tain, continue, repair, reconstruct, renew, replace,
rebuild and/or enlarge any and all such things; that no building or
structure of any kind shall be built or erected within a distance of
ten feet from the centerline of any such utility, except with the
written consent of the City Department of Public Works and the owner
of the utility first obtained, and that any and all contemplated
building plans in said vacated area shall be submitted for approval
to the City Department of Public Works, to the end that such con-
struction may be so adjusted with reference to all public utilities
in said area as to cause a minimum of danger or inconvenience to the
public and to the owner of such utility and to protect and preserve
the same as presently constructed or hereafter reconstructed, renewed,
replaced and/or enlarged.
Section b: That vacation of the area described as TRACT I of Exhibit
"A" shall be effective upon such date as all requirements
hereof have been fully :net and the provisions of §271.150 ORS have
received full compliance and the City Council has by ordinance ratified
all proceedings and has made a further finding that all requirements
hereof have been fulfilled.
Section 7 Inasmuch as it is necessary for the peace, health and
safety of the people of the City of Tigard that the
for matters be resolved at the earliest possible date to pro-
tect the public interest, an emergency is hereby declared to exist
and this ordinance, subject to all of its terms and conditions, shall
become effective upon its passage by the Council and approval of the
Mayor.
PASSED: By unanimous vote of all Council members present, after be-
ing read three times by number and title only, this 12th
day of April, 1971•
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Recorder City of .igod
Page 2 ORDINANCE No. 71-4
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APPROVED; By the Mayor, this 12th day of April, 1971.
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"EXHIBIT A"
TRACT I
That tract of land in the Northeast Quarter of Section 2, Township
2 South, Ranu_e 1 West, W.M., Washington County, Oregon, being mole
particularly described as follows, to-wit;
Beginning at the most Southerly corner of Lot 17, Block 1 of Kingston,
a subdivision of record in said County; thence running North 46'12`
West, along the Sbuthwest line of Lot 17, a distance of 90.0 feet
to a point which bears South 46012' East 10.0 feet from the most
Westerly corner of said Lot 17; th::nce South 52050' Wiest, parallel
to the Southeasterly right-of-way boundary line of State Primary
Highway No. 1 West (S.W. pacific Highway West), a distance of 39.65
feet to a point; thence South 41027' East a distance of 93.6 feet
to a point on a Southwesterly extension of the Southeast boundary
dine of said Lot 17; said southeast line of Lot 17 also being the
Northwesterly right-of-away boundary line of, 60 feet wide Taylors
Bridge Road (now 8o feet wide S.W. Main Street.); thence North
47°25' East, along the said extension of the Southeast line of Lot
17, a distance of 46.8 feet to the point of beginning of this
description. EXCEPT that portion of land which is within the'right-
of-way of 80 foot wide S.W. Main street and is dedicated to the
public for roadway purposes.
TRACT 11
That tract of land in the Northeast Quarter of Section 2,
Township 2 South, Range l West, W»M., Washington County, Oregon,
being more particularly described as follows, to-wit:
Beginning at the Trost Easterly corner of Lot 1, Block 3 of
Kingston, a subdivision of record in said County; thence running
North 460121 West, along the Northeasterly line of Lot 1, a
distance of 90.0 feet to a point which bears South 46012` East
10.0 feet from the most Northerly corner of said Lot.I thence
South 52050' West, on a line directed at the most westerly corner
of Lot 2, Block 3 of said subdivision, a distance of 39.65 feet
to an iron pipe; thence South 41027'East, along the outside edge
a�f the pilasters of the present building, a distance of 93.6 feet
to a point oil the Southeasterly line of said Lot 1; said south-
easterly line of Lot 1 also being the Northwesterly right®of-way
s boundary line of 60' wide Taylor's Bridge Road (now 80' wide S. W.
Main Street) ; thence North 47025° East, along the Southeasterly lire of
said Lot 1, a distance of 46.8 feet to the point of beginning of
F. this description. EXCEPT that portion of land which is :within the
' right-of-way of 80' wide s. W. Main street and is dedicated to
" the public for roadway purposes.
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Ordinance &1-14