Loading...
Ordinance No. 83-37 tkk. I r. CITY OF TIGARD, OREGON i ORDINANCE N0. 83-27 AN ORDINANCE VACATING S.W. 113TH AVENUE, A PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that Resolution No. 83-54 was adopted by this Council pursuant to ORS 271.100 on June 27, 1983 and attached hereto as Exhibit "A", and related co the vacation of S.W. 113th Avenue, a public right-of-way in the City of Tigard, Washington County, Oregon. Resolution No. 83-54 also called a public hearing to be held on August 8, 1983, and directed that notice of said hearing be given as required by ORS 271.130. 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 August 8, 1983, 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, in accordance with ORS 271.080 to 271.130. w Section 3: The Council further finds that the City Recorder has certified` that all city liens and all taxes have been paid on the property proposed for vacation and that a majority of the owners of the area affected by said proposed vacation, computed on the basis provided in ORS 271.080, did not object 'thereto in writing and that all 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 k prejudiced by, the vacation of the hereinafter described S.W. 113th Avenue and that the said land is not useful as part of the public street, utility or road Tigard and that it is in the public interest that said. system of the City of vacation be approved. Section 5: The following described land is hereby vacated: "That portion of a `20.00' dedicated strip of land in Cherry Hill Acre Tracts lying north of the south line of lots 9 and 10". oRDINP14CE N0. 83- i and she is hereby authorized and That the City Recorder be, i Section 6: of this ordinance filed for record with the directed to have a cer countyd copy departments: ' following Washington Co Y 1. Department of Records and Elections _ tAssessor Taxation 2. Department Of AublicmWorksna Attn: County SurveyCounty Surveyor 3. De,artment of P s the This ordinance shall becomeeffective iledfter with such Was Washington aCounty Section 7• 113 the Council final plat with the rededication of a after enactment by or if the dedication occurs before the 30th day royal by the Mayor, then the ordiance shall be effective on and after and app royal. the 30th day of said enactment and app vote of all Council members present, after being PASSED: BY ,hgNiVnQuS y this _, day of Au_ gust , 1983. read by number and title only, �' Recorder - City of Ti d Recorder Pres. cf w K.ao,l 7k. 1983. day of Chis 8 --- (' APPROVED: By the ��ayer, �Cw / Cit yof Tigard Ares. o� Cnrcac. APPROVED AS TO FORM: vitt' Attorney - f ORDINANCE N0. 83' PAGE 2 ` '�� (EANsd3/0076P) CITY OF TIGARD, OREGON RESOLUTION NO. 83-_54 A RESOLUTION CONCERNING VACATION OF A PORTION OF S.W. 113TH AVENUE A 20-FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the City of Tigard has received a petition in proper form as requested by ORS 271.090, and WHEREAS, the area described on the attached sheet head "Exhibit A" and by this reference made a part hereof is dedicated to the public; and WHEREAS, the area described on said Exhibit "A" now lies within the platted area of Cherry Hill Acre Tract, a duly recorded subdivision in Washington County; and WHEREAS, the area described on said Exhibit "A" also lies within the corporate boundaries of the City of Tigard, Oregon; and WHEREAS, pursuant to Chapter 271.130 ORS, 'the City governing body may initiate vacation procedings as authorized in Chapter 271.080 ORS. NOW THEREFORE, BE IT RESOLVED By the City Council of Tigard as follows: f (1) "That the public Nearing is hereby called to be held by the City Council of Tigard on Monday, August 8, 1983, at Fowler Junior High School Lecture Room, 10865 SW Walnut Street, within the City of Tigard, beginning at 7:30 P.M., at which time and place the Council shallhear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands. (2) "That the City Recorder be, and she is hereby, authorized and 2 directed to cause to have published in the T_io rd Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be made on the 7th day of July 1983 and once each week thereafter for five publishings in all. (3) "That the Recorder be, and she is hereby, authorized and directed to cause to have notice mailed to all other-public utility agencies that may have an interest in this matter in the form of a letter to be deposited in the U.S. mail within five (5) days of passage .of this resolution. (4) "The recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form hereto attached, at or near each end of the area(s) proposed to be vacated, and in addition, the Recorder shall post a copy of said notice in at least two (2) conspicuous places within the area(s) proposed to be vacated, all of said postings to be accomplished within the time herein stated. (5) "That the particular portion of lands proposed to be vacated and described on he attached sheet headed Exhibit "A" and by this reference made a part hereof." PASSED: By Council on the _ day of J-.f=L n C , 1983. Mayor ATTEST: Recorder EXHIBIT "A" "That portion of a 20.00' dedicated strip of land in Cherry Hill Acre Tracts lying North of the South line of lots 9 and 10."