Ordinance No. 85-34 a
CITY OF TIGARD, OREGON
ORDINANCE N0. 95•-� h
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AN ORDINANCE VACATING A PORTION OF SW WALNUT PLACE NEAR PACIFIC HIGHWAY AND
DECLARING ANEFFECTIVE
WHEREAS, the Tigard City Council. initiated this vacation request pursuant to
Section 15.08.040 of the Tigard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to return this parcel
.11 _ ,r,rr.....-... +,. 1-L.n property �.r,��rrnra 'F f_f '- -
along SW Wainut Place near p blc 1� rrsyrrwwy �o §
facilitate future development possibilities; and
WHEREAS. the vacation is recommended by the Planning Commission and the City
Engineer; and
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WHEREAS, in accordance with ORS 271,100, situ T."C e`i%Cti^,^ 15.08.110, the
fixed a time and place for the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.090; and
WHEREAS, the Council, having held a hearing on September 23, 1995, finds the
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public interest will not be prejudiced by the vacation as provided by ORS
271.120 and TMC Section 15.09.130; and
WHEREAS, the Council finds that it is in the public interest to approve the.
request to vacate a parcel of land on SW Walnut Place near Pacific Highway
because the public interest will. not be prejudiced for vacation of i
transportation right-of-way; and
he following conditions are necessary to
WHEREAS, the Council finds that t
vacate said land:
o Access be _prohibited on the west side of SW Walnut Place the entire
length of the vacated area.
o Sidewalk be completed to City standards along the southeasterly side
of Pacific Highway along the full length of Tax Lot 1900 on Tax Map
2S1 280 and the vacated portion of SW walnut Place right-of--way with
the cost being shared between the City of Tigard and the owners of
Tax lot 1900. Under no circumstances shall the cost to the City of
Tigard exceed $1000.00. This improvement shall be. completed prior
to this vacation being effective.
0 The Street Vacation should be granted for transportation
right-of-way Pu-rOses, however, a public easement for utility
purposes shall be retained over the entire area.
o This vacation for transportation right-of--waw purposes shall, not be
effective until the effective date of this ordinance and it shall be r
.` not effective until a certified copy of this ordinance has been b
recorded with the Washington County clerk, assessor and surveyor.
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ORDINANCE NO. 95- � f
t
Page ," i
THE. CITY OF TIGARD ORDAINS AS FOLLOWS:
Section_ri: The Tigard City Council hereby orders the vacation for
transportation right-of-way purposes of that portion of SW Walnut Place near
Pacific Highway as described on the attached Exhibit "A" and shown on the
attached Exhibit "B", and by this reference made parts hereof.
Section 2: The Tigard City Council further orders that the transportation
right-of-way vacation be subject to the following conditions:
a Access be prohibited on the west side of SW Walnut Place the entire
length of the vacated area..
U Sidewalk be completed to City standards along -the southeasterly side
of Pacific Highway along the full length of Tax Lot 1900 on Tax Map
251 ZBO and the vacated portion of SW Walnut Place right-of-quay with
the cost being shared between the City of Tigard and the owners of
Tax lot 1900. Under- no circumstances shall the cost to the City of
Tigard exceed $1000.00. This improvement shall be completed prier
Uo LVI15 va7.coltion being effective.
o The Street Vacation should be granted for transportation
right--of--way purposes, however, a public easement For utility
purposes shall be retained over the entire area.
o This vacation for transportation right-of-way purposes shall not be
effective until the effective date of this vrdinance and it shall be
not effective until a certified copy of this ordinance has been
l recorded with the Washington County clerk, assessor and surveyor.
Section 3: In no situation shall this ordinance be effective until the 31st
day after its enactment by the City Council and approval by the Mayor.
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PASSED: By �C vote of all Council members present after
being read by number and title only, this _��L day
5 of 1935.
r
eputy City Recorder - City of Tigard
APPROVED: This day of Q # t-.• 1385.
�. - City of Tigard
c ,c'i Pr. -&-;Je r f-
ORDINANCE N0. 85-�y
Page 2
lw/3219A
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Peterson Land Surveying
2724 S.E. Sunflower Ct.
„._. Hillsboro, Oregon 97123
(503) 648.4959 -Off, - 6483820 Res.
PROPERTY DESCRIPTION: (PORTION) S.W. WALNUT PLACE
FOR:CITY OF TIGARD DATE:JULY 8, 1985
LOCATION:WALNUT & PACIFIC HWY. JOB NUMBER:8506021
FOR IDENTIFICATION PURPOSES ONLY STREET VACATION
FOR USE ON LEGAL INSTRUME14T
A PORTION OF THAT CERTAIN TRACT OF LAND IN "FREWING TRACTS
SUBDIVISION" , A PLAT OF RECORD IN SECTION 2, TOWNSHIP 2
SOUTH, RANGE 1 WEST, W.M. , WASHINGTON COUNTY, OREGON,
DEDICATED TO THE PUBLIC IN THAT CERTAIN DEDICATION RECORDED
IN BOOK 529, PAGE 641, DEED RECORDS OF WASHINGTON COUNT
A
OREGON, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF T:€E SOUTHWEST
RIGHT-OF�-WAY OF THE DEDICATION MADE IN BOOK 529, PAGE 641,
SAID DEED RECORDS AND THE .SOUTHWEST RIGHT-OF-WAY LINE OF THE
DEDICATION `:ADE IN DOCUMENT # 'd8-"-5497, SAID DEED RECORDS,
WHICH POINT BEARS NORTH 45°50'00” EAST 119.50 FEET AND NORTH
43°50'00" WEST 55.64 FEET FROM THE SOUTHWEST CORNER OF LOT
"C" , SAID SUBDIVISION , AND RUNNING THENCE ALONG THE
SOUTHWEST RIGHT-OF-WAY LINE OF THE DEDICATION MADE IN
DOCUMENT # 78-45491, 92.63 FEET ALONG A 99.8:3 FOOT RADIUS
CURVE TO THE RIGHT (DELTA ANGLE = 53009' 48" ) t THENCE
CONTINUING ALONG SAID RIGHT-OF-WAY LINE, 4668 FEET ALONG A
50 . 00 FOOT RADIUS CURVE TO THE LEFT (DELTA ANGLE _
53029'48") TO THE INTERSECTION THE SOUTHEAST RIGHT-OF-WAY
LINE OF S.W. PACIFIC AVENUE; THENCE SOUTH 45°50'00 WEST,
ALONG SAID RIGHT-OF-WAY LINE, 60.00 FEET TO A POINT ON THE
SOUTHWEST RIGHT-OF-WAY LINE OF THAT CERTAIN DEDICATION MADE
IN SAID BOOK 529, PAGE 641 ; THENCE SOUTH 43°50 ' 00" EAST
119.86 FEET TO THE POINT OF BEGINNING.
CONTAINING 31213 SQUARE FEET. RM�'3f;TERBD
PROFESS10HAL
D StBR' E;%YOR
OREGON
JULY 12.lwm
JOHN M. PETEMN
1856
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PROPOSED "HUDSON" STREET VACATION
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