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Ordinance No. 86-47 CITY OF TIGARD, OREGON ORDINANCE NO. 86- AN ORDINANCE VACATING A PORTION OF SW PINE STREET (ADJACENT TO SW MAIN $1khE!' NEAR SW OFFICE SUPPLY) 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 the street right-of-way to the property owner to allow for an upgrade to the parking area r currently in existence; and ---- ded tip, the Planning Commission and the Citv WHEREAS, the vacation �.s r•e4�im��tr..". �, _.._ . __.. ., _ 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 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 the street right-of-way area because the public interest will not be prejudiced; and WHEREAS, the Councilfinds that the following conditions are necessary to vacate said land: 1. Property owners adjoining the area to be vacated shall provide the City Recorder with a mutual access and maintenance agreement. Thi-_ ahMooTant shall include a 1egal description and map of the access area. 'rhe complete agreement shall be recorded with Washington County upon approval of the City _Attorney and Engineering Division. The adjoining owners may propose an alternative to mutual access, however, any alternative must meet the approval of the Development Services Division (Building, Planning, and Engineering). 2. That, an easement for public utility purposes be retained over the following portions of the area to be vacated: a. The northeasterly twenty feet extending from SW Pacific Highway to SW Main Street. �w .d ORDINANCE NO. 86 Page 1 lw/4099A 1 x b. The northwesterly five feet adjoining the 'SW Pacific Highway right-of--way and extending from the northeasterly right-of-way line to the southwesterly right-of-way of SW Pine Street, 3, A traffic circulation plan shall be submitted by the adjoining k. property owners and approved by the Engineering Division. Said Plan shall address inciress and egress on S. 1-1. Main Street and possibly on S, W. Commercial Street if State Highway _ right-of-way behind existing, buildings is to be utilized, k2. 4. A permit from the State Highway Division, if their right-of-way is utilized, shall be required. A copy shall be provided to the Engineering Division. 5, Existing parking in area shall not be reduced without approval of the City Council. ' 6, The vacation shall not be effective until the affective date of this ordinance; Conditions 1, 2, 3 and 4 above are complied with; and a certified copy of this ordinance has been recorded FI<__,__ ... "har4 Assessor, and Survevor, _- with tiie urdsniny wn Count-- vac 4, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of that portion of SW Pine Street (adjacent to 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. 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 owners may propose an alternative to mutual access, however, any alternative must meet the approval of the Development Services Division (Building, Planning, and Engineering). 2. That an easement for public utility purposes be retained over the following portions of the area to be vacated: a. The northeasterly twenty feet extending from SW Pacific Highway to SW Main Street. b. The northwesterly five feet adjoining the SW Pacific Highway right-of-sway and extending from the northeasterly right-of--way line to the southwesterly right-of-way of SW Pine Street, a ORDINANCE NO, is6 Page 2 lw/4099A 3. A traffic circulation plan shall be submitted by the adjoining property owners and approved by the Engineering Division. Said Plan shall address ingress and egress on S. W. Main Street and possibly on S. W. Commercial Street if State Highway right-of-way behind exixting buildings is to be utilized, 4. A permit from the State Highway Division, if their right-of-ijay is utilized, shall be required. A copy shall be provided to the Engineering Division. 5. Existing parking in area shall not be reduced without approval of the City Council. 6. The vacation shall not be effective until the effective date of _ this ordinance; Conditions 1, 2, 3 and 4 above are complied with; and a certified copy of this ordinance has 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 approval by the Mayor. PASSED: S ! r nc 1 , em_)c. .. csent -afte- BY ��' r\� VY�Ci�.y� VOLe UI +iia �rvu„"a ., r."•" being read by number and title only, this /27_ day off��`2��4 F� 1986. N { l - Loreen R. Wilson, Acting Recorder APPROVED: This r day of 1986. n Cook, Mayor y 9 `fin P` ORDINANCE NO. 86- Page 3- lw/4099A _ 1w/4099A i EXHIBIT "A" LEGAL DESCRIPTION FOR PINE STREET VACATION jtqjA'Cr-.NT _W MAN ISTREE ) ry _ _ ' That portion of SW gine Street in Section 2, Township 2 Soucn, RamiWest, 1 t, Willamette Meridian, Washington County, Oregon described as follo'w's: Beginning at a point on the southerly right-of-way line of SW Pacific Hi,,,naay (99W), South 47051'44" West, 38.91 feet from the northwesterly corner of Lot -- ..___.__ A r-,.ended slat, Washington County plat records; thence 17, Block i, Rlrlyawn, .,, . ..�.. South 47051144" West, 11.18 feet to a point, thence North 45"33'10" west, 5 feet; thence South 53013'57" West on said highway right-of-way, 38.54 feet; thence South 41007'22" East, 102.55 feet to a point on the northerly line of Sw Main Street; thence North 47657'44" East 50 feet on said northerly. line; and thence North 41007'22" West, 94.12 feet to the Poirot Of beginni.a. t fu � u �a 14 D �1 h O ti Q Y 'a.... � d ,/"°/•O ••\\ i (a p h L^N i s V CD _. °p-'� .fid f J �i°�•� •.\R\ acr N moo• � �� i .40 d wh�T y 1,w ♦ \ N ♦ ,\ ito / Ro \\ /rYYYrr4. 'R �•-` ,r•�` • o° o N a ` u as R', / \ N w \ u O,�{ \ % / X10 / ` /Cr •/ \ \ pQ \• CY m �• \`\ v v An N �y \ •\ N.00 !c\ •° ,V•� Q� a" \x\\\ M,•o.; / >t f/y�$g ' \ o tt�f ryi �@FCip ,r \�S/• / \ / Nps ! \\ h.� / :•ag y\ o O ® e Y.e O i\ d� s �. 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