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Ordinance No. 86-17 CITY OF TIGARD, OREGON ORDINANCC 140, 86—-/_ AN ORDINANCE VACA*rING CERTAIN SIDE YARD UTILITY EASEMENTS WITHIN AMART SUMMER LAKE III SUBDIVISION AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15,08.040 of the Tigard Municipal Code; and WHEREAS, tsie reason and purpose for this vacation is to return the side yard utility easement areas to the adjacent property owners to facilitate development of the lots within said subdivision; and WHEREAS, the vacation is recommended by the planning Commission and the City Engineer; and WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the Council 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 271.080; and it WHEREAS, the Council, having held a hearing on March 24, 1986, finds the 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 the side yard utility easement areas within said subdivision because the public interest will not be prejudic:,d; and WHEREAS, the Council, finds that the following condition is necessary to vacate y. said land: The vacation shall not be effective until the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has beer, recorded with the Washington County Clerk, ! Assessor-, and Surveyor. f I THE CITY OF TIGARD ORDAIN: AS FOLLOWS: t Section 1: The Tigard City Council hereby orders the vacation of that portion of side yard utility easement areas within Amart Summer Lake III Subdivision ` as described on the attached Exhibit "A" and shown on the attached Exhibit "S", and by this reference made parts hereof. Section 2 The Tigard City Council further orders that the vacation be subject to the following condition: ORDINANCE NO. 86--_..L:17 Page 1 lw/3690A The vacation shall not be effective until the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. Section "s: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By �R�KLI'kY&`�S vote of all Council members present after being read by number and title only, this J7-h� day of 1986 Wl_oree�nR. Wilson, Deputy Recorder APPROVED: This day of 1986. �" ohn E, Cook, Mayor s; ORDINANCE ice. 96--w11 Page 2 aw EXHIBIT "A" G 9= DAVID EvAn3 nnD A330CIATE3, inc. fio 2626 SW CORBETT nVEnu( PORTLnnD,OREGOn 97201 503/223.6663 ART02I 2-4-86 C.L.H. LEGAL DESCRIPTION A portion of AMART SUMMER LAKE NO. 3, a plat of record in the Northeast one-quarter of Section 33, Township 1 South, Rariqe 1. West, Willamette Meridian, Washington County, Oregon, recorded in Book 60, Page 37 and 38, Washington County Plat Records, said portion being that part of the utility easement created along all side Jot lines by plat restriction number 3 on said plat of AMART SUMMER LAKE NO. 3, which lies along the lines common to Lots 153 and 1.54, Lots 154 and 1.55• Lots 155 and 156, Lots 156 anti 1.57, Lots 1.57 and 1.58, Lots 158 and 159, Lots 159 and 160, Lots 160 and 161, Lots 161 and 1.62, Lots 163 and 164, Lots 164 and 165, Lots 165 and 166, Lots 166 and 167, Lots 167 and 168, Lots 168 and 1.69, Lots 169 and 1.70, Lots 170 and 171, Lots 1.71 and 1.72, Lots 1.72 and 173, Lots 173 and 174; also that part which lies within Lot 1.50 along the line common to Lot 150 and Lot 149; also that part within Lot 151. along t the line common to Lot 151 and Lot 150; also that part within Lot 152 along the line common to Lot 152 and Lot 151; also that part within Lot 152 adjacent to the westerly line of Lot 1.52, all lots being within AMART SUMMER LAKE NO. 3. s tE yTf; LAND 511rRVEY0 EDEA 0R EGQn1NE W. BLAIR 19F, A EXHIBIT "B" yy� Zb D • ,0 C �r i__ ��— I • , 9J wti vert/ y „,S �I� t� ;! o> J •� --• �:a,..-.---..e !/ :641 "k IF ��: ° U t4wz . cA . I \ a p r� ��t •ie t tt 6fdt 3- F'•3E O$ r °f 2 I ��ti; •De KW n K F C «Z _ t F Q aw ® � -, a t IF 'k RmtFaa:stzaag lu J ¢ C Ox IQ a , O 19 o --- r 4j w 8 F ' op �FiC:S+2St'gS F99 a � � g �iteaeaa 'a its id%.aa8t5ta _ c it 6 rx.•a..c '��� Rd Fes-5�-•. '� 8 �"'_� > ^ �.O � a k vs n e `/ 0 3 zzY iTf t s: In f2 114, 4'r � ,� �o� s e'{ .� 8n'`t4 a s i�3• -=e: ad; ==S Vi j• it t Or Trcitf/ �S� ,y �a �I�rrt t]r ��R64 '. f� sof vi IPot �. � �, p li ac µ�°6 �: � t t». pt.. IZ�o r•_Y%. d.t n3! LSF fl! ••g �cr . &�(7� -., t r.—. ___. __.. uj rr',.•ct�� ��P'6��"'4\// ,n .e r '2 °ir r t . r. %} p 1S.R saadlale^$4pRAaF �`• ,t U ° a .r 2. �°Y� int i