Ordinance No. 86-46 it
CITY OF TIGARD, OREGON
ORDINANCE NO. 86-'„p
�4
AN GRUIiNtiNCE VACATING n ptoR ION or SW uUR�dii^M `I RcFT (ADJACENT TO TIGARD ARCO
■ GAS STATION ON SW MAIN STREET) 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, the reason and purpose for this vacation is to return a portion of SW
Burnham Street to the property owner; and
® WIHER:EAS, the vacation is recommended by the Planning Commission and the City
Engineer; and
wtiEREAS, 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
WHEREAS, the Council, having held a hearing on October 13, 1986, finds the
public interest will not be prejudiced by the vacation as provided by ORS
271.120 and TMC Section 15.08.130; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate a portion of SW Burnham Street right-of-way because the
public interest will not be prejudiced; and
WHEREAS; the Council finds that the following conditions are necessary to
vacate said land:
1. A public utility easement be retained over the northwesterly
five feet of the area to be vacated; being a five foot wide
strip of land adjoining the Pacific Highway right-of-way line
and axtand nfrom the northeasterly right-of-way line to the
southwesterly right--of-way line (approximately forty feet.)
2. Property owners adjoining the area; to be vacated shall provide
the City Recorder with a mutual access and maintenance
agreement. This agreement shall include a legal description and
map of the access area. The complete agreement shall be
recorded with Washington County 'upon approval of the City
Attorney and Engineering Division. The adjoining' property
owners may propose an alternative to mutual-access, however, an;
alternative must meet the approval of the Development Services
Division (Building, Planning, and Engineering).
ORDINANCE NO. 86_'g6n
'Page 1
lw/4101A
3. A fifteen-foot wide permanent sanitary sewer and storm drainage
easement shall be granted to the public for maintenance of
existing sanitary sewer facilities and access, to existing storm
drainage facilities (see Exhibit "C"). Said easement shall:
A. Be centered on the existing s=nitar sow-or line and
orae-half feet each side);
B. Granted on City standard forms by adjoining property owners;
and
C. Prepared by the City Engineering Division (legal description
and map).
4. Existing parking in area shall not be reduced without approval
of the City Council.
5. The vacation shall not be effective until the effective date of
this ordinance; Conditions 1-3 above are complied with; and a
certified copy of this ordinance has been recorded with the
Washington County Clerk, Assessor, and Surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation of a portion of
SW Burnham Street (adjacent to Tigard Arco Gas Station on SW Main Street) 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 vacation be
subject to the following conditions:
1. A public utility easement be retained over the northwesterly
five feet of the area to be vacated; being a five foot wide
strip of land aJjoining the Pacific Highway right-of-way line
and extending from the northeasterly right-of-way line to the
southwesterly right-of-way line (approximately forty feet.)
2. Property owners adjoining the area to be vacated shall provide
the City Recorder with a mutual access and ma,ntonance
agreement. This agreement shall include a legal description and
map of the access area. The complete agreement shall be
recorded with Washington County upon approval of the City
Attorney and Engineering Division'. The adjoining property
owners may propose an alternative to mutual access, however, any
alternative must meet the approval of the Development .services
Division (Building, Planning, and Engineering).
3. A fifteen-foot wide permanent sanitary sewer and storm drainage
easement shall be granted to the public for maintenance of
• - existing sanitary sewer facilities and access, to existing storm
drainage facilities (see Exhibit "C"). Said eas ment'shall:
ORDINANCE No. 96-46,
Page ;Z
lw/4101A
4 . .
A. Be centered on the existing sanitary sewer line (seven and
one—half feel- each side);
B. Granted on City standard forms by adjoining property owners;
and
C: Pranared by the City Engineering Division (legal description
and map).
4. ExistJ.ng parking in area shall not be reduced without approval
of the City Council.
5, the vacation shall not be effective until he effectiva date of
this ordinance; Conditions 1-3 above are complied with+; a11U a
certified copy of this ordinance rias been 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 app. gal by the Mayor.
PASSED: By1'1G ri /titer vote of all Council members present after
b__ y this Lr-h day
uniny ►edc� ray
iliAnluer and Lille only,
of 1986.
j Loreen R. Wilson, Acting Recorder
L._
APPROVED: This /5' day of U�` k�e r 1986.
ohn E. Cook, Mayor
ORDINANCE NO. 86— 4
Page 3
1w/4101A
EXHIBIT "A"
LEGAL DESCRIPTION FOR SW BURNHAM STREET VACATION
(ADJACENT TO TIGARD ARCO ON SW MAIN STREETI
That portion of SW Burnham Street in Section z. Township Z South, lunge 1
West, Willamette Meridian, in the City of Tigard, Washington County, Oregon
described as fcllo',4s:
Beginning at the southwest corner of Lot 5, Electric Addition. to Tigardville,
a recorded plat, Washington County Plat Records; thence on the west line of
said Lot 5: and its northerly extension, North 47014131" West approximately
143.5i feet to the south right-of-way line of State Highway 99W; thence on said
south right-of-way Pane southwesterly approximately. 43 feet to thn .east line
of Lot 15 of salad Electric Addiction tai Tigardville• %.hence on said east line
jouti1 410!4631" East, approximately 145 feet to the southeast CO�ner of said
Lot 15; thence North 59033'36" East, 41.78 feet to the point of beginning;
excepting that portion lying in SW Main Street.
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