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Ordinance No. 78-02 CITY OF TIGARD, OREGON ORDINANCE No. 78- AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF S.W. MNZANITA STREET AND A PORTION OF S.W. NORTH DAKOTA STREET IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: The Council finds that Resolution No. 77-83 was adopted by the Council on November 14, 1977, relating to the vacation of the hereinafter described dedicated unopened portion of a public way and that a public hearing was thereby called to be held on January 9, 1978, and that notice of said hearing was given as required by Chapter 271.110 O.R.S. 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 9, 1978, 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, 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 O.R.S., did not object thereto in writing and that owners affected thereby did, in fact, favor the vacation of said area; and the Council finds that said vacation 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 the 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 5: The Council further finds that the City recording officer has filed in her office a certificate showing that all city liens and taxes, if any, have been paid on the lands proposed to be vacated. Section b: The following described portion of dedicated unopened streets be and the same is hereby vacated and discontinued as a public way for the full length and width of said portion of street: As described in Exhibit "A", attached hereto and by reference made a part hereof. Section 7: 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: ORDINANCE No. 78- a-r AJ- 1. Department of Records & Elections 2. Department of Revenue & Taxation - Attn: Assessor 3. Department of Public Works - Attn: County Surveyor all as required by Chapter 271.150 O.R.S. Section 8: This ordinance shall be effective on and after the 31st day after its enactment by the City Council and approval by the .Mayor. PASSED: SY:_!t GrIvrl0 vote of all Council members present, after being read two times by number and title only, this ? day of plan a ky , 1978. �lX c9r�ca a- City Recorder APPROVED: This G1— day of n 1978, by the Mayor. ayor w PAGE 2 ORDINANCE No. 78- _ . f s - ,e f w+ EXHIBIT "A" < Portions of Manzanita Street to be Vacated. That portion of S.W. Manzanita Street lying easterly of Beaverton-Tigard Highway •#217 in the NE 1/4, SE 1/4 Section 35, T1S, "W, ::.ht., [?a4hington County, Oregon, more particularly described as follows: Beginning at the intersection of the Northeasterly right-o£-way line of Beaverton-Tigard State Highway No. 217 and the North line of S.W. =,Manzanita Street as dedicated in the duly recorded plat "Graham Acres"; thence N 89° 34' E along the north line and north line extended of said Manzanita Street 780 feet more or less to the easterly .line of said Graham Acres; thence S OQ 17' W along said easterly line 50 feet to the South line of said Manzanita Street; thence S 89° 34' W along said South line 684.55 feet to the beginning point of a 20 foot radius curve in the North line of lot 24 Graham Acres; thence Southwesterly along the are of a 20 foot radius curve left 17 feet more or less to the intersection with the Northeasterly right-of-way of said Beaverton - Tigard State Highway No. 217; thence Northwesterly along said Northeasterly Highway right-of-way line 100 feet more or less to the point of beginning. Portions of S.W.(North)Dakota Street to be vacated. That portion of S.W. (North) Dakota Street lying easterly of Beaverton-Tigard Highway No. 21.7 in the NE 1/4, SE 1/4, Section 35, TIS, R1W, W.M., Washington County, Oregon, more barticularly described as follows: - Beginning at the ii.tersection of the Northeasterly right-of-way line of Beaverton-Tigard State Highway No. 217 and the North line of S.W. (North) Dakota Street as dedicated in the duly recorded plat "Graham Acres" and as described in deed book 291, page 202, Washington. County deed records: thence along the said North line of S.W. (North) Dakota Street N 89° 34' E 212 feet more or less to the Easterly line of said Graham Acres; thence S 0° 17' W along the said easterly line, and easterly line extended, a distance of 50.00 feet to the, ` south line of said S.W. (North) Dakota Street; thence along said South line S 89° 34'W 150 feet more or less to the said Northeasterly right-of-way -line of said Beaverton-Tigard Highway No. 217; thence Northwesterly along said Northeasterly Highway right-of-way line 80 feet more or less to the point of beginning. s' PAGE 3 ORDINANCE No. 78-.7 �