Ordinance No. 73-02 CITY OF TIGARD, OREGON
ORDINANCE No. 73 - ,2,F,
AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF S.W. IRVING
STREET IN THE CITY OF TIGARD, WASHINGTON COUNTY. OREGON.
THE CITY OF 'TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that a .resolution was adopted by the
Council on November 27, 1972, pursuant_ to chapter 271.130
ORS, whereby the Council initiated vacation proceedings with respect
to the hereinafter described dedicated unopened portion of a public
way and that a public hearing was thereby called to be held on
January 8, 1973 and that notice of said hearing was given as required
by chapter 271.110 ORS as set forth in said resolution.
Section 2: The Council further finds that a public hearing as
thereby called to be held, was duly and regularly held
at the regular Council meeting on January 8, 1973 at which time
and place the Council afforded all interested persons an opportunity
to be heard for or against the proposed vacation of said lands, and
the Council further considered all objections thereto.
Section 3: The Council further finds that a majority of the owners
of the area affected by said proposed vacation, computed
on the basis provided in Chapter 271.080 ORS, did not object thereto
in writing and that all owners affectedthereby'did, .in`fact, 'favor
the vacation of said area; and the Council finds that said vacating
will not substantially affect the market value of any abutting property.
Section 4: The Council further finds that the public interest will
not be prejudiced by the vacation of the hereinafter
described lands and that said lands are not useful as part of the
public street or road system of the City of Tigard and that it is in
the public'interest that said vacation be approved.
Section S: The Council further finds that the City recording officer
has filed in her office a certificate showing that all
city liens and taxes have been paid on the lands proposed to be
vacated.
Section 6 The Council finds that the area proposed to be vacated
may be subject to easement(s) for sewer lines, water
lines, electrical or telephone or other utility uses now present or
installed thereon, and such pre-existing easement(s) rights should be
preserved.
Section 7: Subject to pre-existing easement rights, if any, for
sewer, water, telephone, electrical or other utility
purposes now present on the hereinafter described lands -which rights
are hereby expressedly excepted from the legal effect of this ordinance,
the following described portion of dedicated, unopened street be,
andthe same is, hereby vacated and the rights of the general public
therein and thereto for street and road purposes are hereby annulled F
and held for naught:
:
That portion of roadway situated in Section 1, Township
2,South, Range 1 West, Willamette Meridian, Washington r
county, Oregon, being more particularly described as follows:
ORDINANCE No. 73-
A stzzAc Of land (now known as S.W. IRVING ST'REE'T, old
NINTH STREn) lying parallel to, along the North side and
within thirty (30) feet, when measured at right angles, of
the South line of WEST PORTLAND HEIGHTS, a subdivision
of record=in said County. EXCEPTING, that portion thereof
lying Easterly of a Southerly extension of the East
boundary line of Block 37 of said subdivision.
Section 8: That the City Recorder be, and she is, hereby authorized
and directed to have a certified copy of this ordinance
filed for record with the following Washington County departments:
1. Department of Records and Elections
2. Department of Revenue and Taxation-Attn: Assessor
3. Department of Public Works-Attn: County Surveyor
all as required by Chapter 271.150 ORS.
Section 9: This ordinance shall be effective on and after the 31st
day after its enactment by the City Council, and approval
by the Mayor.
PASSED: By unanimous vote of all Council members present,
after being read three times by number and title only, this
22nd _ _ day of January 1973.
- .
Recorder City of qlgard
V
APPROVED: By the Mayor, this 22nd day of January 1973.
Mayo - City of Tigard
OittijtiANCE No. 73- 2 Page 2
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Ordinance 73-2
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