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Ordinance No. 83-53 CITY OF TIGARD, OREGON ORDINANCE NO. 83-,:0 AN ORDINANCE VACATING A PORTION OF SW 67TH AVENUE AND SW GONZAGA STREET, A DEDICATED PUBLIC RIGHT-OF-WAY, IN THE CITY OF TIGARD, WASHINGTON COUNTY; OREGON. �--- Section 1: The Council finds: 1. Resolution No. 83-98, adopted by the Council on October 10, 1983, initiated proceedings for the vacation of a portion of SW 67th Avenue & SW Gonzaga Street located within the City of Tigard and shown on the attached map. 2. The purpose of the vacation is to comply with Comprehensive NPO #4 Plan calling for super blocks. 67th Street immediately to the north and south has been vacated. Gonzaga Street is unimproved and the area could be used for parking and landscaping. 3. The vacation is recommended by the City's Development Committee under the conditions set forth below. o Reservation of utility easements. o Mutual access agreement or waiver of access for all properties abutting said vacation be signed. 4. In accordance with ORS 271.100, the Council fixed a time and �. place for the public hearing before the Council; the Recorder published notice and posted notice in the area proposed to be vacated. S. The Council having held a public hearing finds no objections were made or filed hereto as provided by ORS 271.120. 6. The Council finds that it is in the public interest to approve the petition, subject to conditions, because no public purpose or use can be served by the vacated portions of the street and the vacated portions are too small to qualify for a development permit. There are utilities within this portion of the street, however. Section 2: The City of Tigard Ordains As Follows: 1. All of that portion of SW Gonzaga Street lying between the west line of SW 66th Avenue and the west line of SW 67th Avenue and all of that portion of SW 67th Avenue lying between the south dine of SW Franklin Street and the south line of SW Gonzaga Street as these streets are laid out in the plat of West Portland Heights, a recorded plat in Washington County, Oregon, be vacated subject to the following conditions and restrictions: a. Nothing contained herein shall cause or require the removal or abandonment of any sewer or gas main, ,cunduit of any kind, wire, pole or facility used, or intended to be used for any public service; and the right hereby is reserved for the owner of Page 1 of 2 ORDINANCE NO. 83- _ ® any such utility or facility to maintain, continue, repair, reconstruct, renew, replace, rebuild and/or enlarge any acid all such things; that no building or structure of any kind shall be 4 built or erected within a distance of ten feet from the centerline of any such utility, except with the prior written consent of the City Z^-ineer and the owner of the utility and (( that any and all contemp)ated building plans in said vacated area shall be submitted for approval to the City Engineer and to the Building Official, to the end that such construction may be so adjusteu 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 herein reconstructed, renewed, replaced and/or enlarged. b. Petitioners shall provide the City Recorder with a mutual access agre-ement or waiver of access, for all properties abutting said vacation. 2. The Recorder shall, at the expense of the petitioners, file with the County Clerk, County Assessor and County Sca✓eyor a certified copy of this ordinance and the acceptance thereof, and any map, plat or other record which may be required by law. Section 3: 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 61/,]a n IV170U -s vote of all Council members present, after being read by number and title only, this iH - day of 6 yv- 1983. City Recorder i APPROVED: By the Mayor, this /yam` day of ZVpU ppr , 1983. 7 �y 44ey-er Pnos, oy- C-444" v i Approved as to form: City Attorney Page 2 of 2 ORDINANCE NO. 83- .� (DH:lw/1007A) 42< ' //,000 CA A 001, tom. MAI f ATLANTA //,100 nA r . .� I)U VALL ST. �.w. ' i tj . YOf. � : � ' S /t,O00 �ART14O +. 1 10 OLe Aifso W�; Q b fRA/11d.QOQ tMr, � t �� /t,d00 �j � sT i _ TO wAa��roNr 1 ; fast 1 . 1 $T i 4 .di i 1 15,000 is o ; e