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Ordinance No. 87-08 CITY OF TIGARD, OREGON ORDINANCE N0, 87—Cv AN ORDINANCE VACATING A PORTION OF SW INEZ STREET (NEAR SW 97TH AVENUE) 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 Inez Street to private ownership facilitating the development of Butler Terrace Subdivision; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; 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 February 23, 1987, finds the public interest will not be prejudice,. 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 Inez 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. That a p=...,-anent pedestrian/bikewav easement he retained c portion of the vacated area, said portion being described in the attached Exhibit B. The terms and conditions of said easement being those standard terms and conditions adopted by the City for use with pedestrian/bikeway casements and reading as follows: A bicycle way and pedestrian way, which may be used by pedestrians and non—motorized mechanical means of transportation, such as bicycles and for no other purposes, and for said purposes to place, construct, operate, replace, maintain, inspect, reconstruct and install necessary improvements, and the right to enter upon such premises for said purposes. ORDINANCE NO. 87- 08 Page 1 The City shall have the right at any time to enter upon the above described real property for the purposes hereinabove mentioned, and in connection therewith may remove any trees, shrubs or brush necessary or convenient to accomplish said purposes. The underlying title owners, their heirs, successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real property. The underlying title owners will reserve the right to utilize the said area for all private lawful purposes which do not unreasonably interfere with or are not inconsistent with the uses thereof by the grantee and the public for the purposes herein stated. ONt It is expressly understood that this easement does not convey any right, title or interest except those expressly stated in .L • iiur lVICIWnt Grantors frcm the full 111A 15a P-. ZV use and dominion hereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. i. In consideration of the premises, the City agrees that if said City, its successors or assigns should cause said easement to be vacated, the right of the City in the above—described easement will be forfeited and shall immediately revert to the underlying title owners, their successors and assigns in the case of such event. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. is THE CITY OF TIGARD ORDAINS AS FOLLOWS: Stari':i nn 7 Tho Tigya-t4 ri i-u t.+hOf N o,,.}inn of t SW Inez Street (near 97th Avenue) as described on the attached Exhibit "A, and by this reference made parts hereof. f Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: t 1. That a permanent pedestrian/bikeway easement be retained over a portion of the vacated area, said portion being described in the attached Exhibit B. The terms and conditions of said easement being those standard terms and conditions adopted by the City for use with pedestrian/bikeway easements and reading as follows: ORDINANCE NO. 87— Page ?. s A bicycle way and pedestrian way, which may be used by pedestrians and non-motorized mechanical means of transportation, such as bicycles and for no other purposes, and for said purposes to place, construct, operate, replace, maintain, inspect, reconstruct and install necessary improvements, and the right to enter upon such premises for said purposes. The City shall have the right at any time to enter upon the above described real property for the purposes hereinabove mentioned, and in connection therewith may remove any trees, shrubs or brush necessary or GG-11v2,,'2Qnt tQ ?rrmmPl i Rh said 3 purposes. f The underlying tittle owners, their heirs, successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real k property. Thp underlvinq title owners will reserve the right to utilize the said area for all private lawful purposes which do not unreasonably interfere with or are not inconsistent with the uses thereof by the grantee and the public for the purposes herein stated. r It is expressly understood that this easement does not convey , any right, title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion hereover; provided, however, that such us-- shall s^shall not interfere with the uses and purposes of the intent of the easement. ` t In consideration of the premises, the City agrees that if s said City, its successors or assigns should cause said easement to be vacated, the right of the City in the E_ above-described easement will be forfeited and shall immediately revert to the underlying title owners, their successors and assigns in the case of such event. 2. The vacation shall not be effective until the affective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. ORDINANCE NO. 97-- 06 Page g i 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: Rv _ unanimous dote of all Council members present after being read by number and title only, this 23rd_ day of February 1987. /r tcarrr�2--.-Wi4-5a�r,- -+eor�4e* Catherine Wheatley, Deputy Recorder APPROVED: This 23rd day of February 1987. Thomas Brian, Mayor ORDINANCE No. 87 Page 4 lw/4487A EXHIBIT "A" '°` Description of Area to be Vacated A portion of S.W. Inez Street from S.W. 97th Avenue to the Westerly line of Penrose Terrace Subdivision. Beginning at a point which is mouth 0043'30" West, 24.24 feet from the Southeast corner of Lot 33, TIGARDVIL..L.:E HEIGHTS, a plat of record in the Northwest quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon; t'ri�:riee from said beginning point continuing South 0043'30" West along the West line of PENROSE TERRACE, a plat of record, 15.76 feet; thence South 89052'02" West, 490.32 feet to the Easterly right-of-way of S.W. 97th Avenue; thence Northerly along said right-of-way 40.00 feet to the South line of said Lot 33, TIGARDVILLE HEIGHTS; thence North 89052'02" East, along said South line 225.21 feet; thence along the arc of a 45.00 foot radius, non-tangent curve to the left 86.78 feet to an Iron Rod (the radius point bears Northeasterly and the chord bears South 69012'40" Fast; 73.45 fppt); thpncp along the arc of a 16.00 foot radius curve to the right 9.29 feet to an Iron Rod (the long chord bears North 72010'38" East, 9.16 feet); thence North 88048'50" East, 66.39 feet to an Iron Rod; thence along the arc of a 1183.91 foot radius curve to the right 48.96 feet (the long chord bears North 89059'55" East, 48.96 feet); thence South 68049'00" East, 72.50 feet to the point of beginning. 4547A C:. _ fn ® s to QV I - ulIono W v :>r IO , O �j RpS s O ,° O O•." �I t=+n a '�::, P _ ` IQ~IwV ~I ^ MO e Iit T 1i1 V• 0 0 4$1.". •o nt.fftA aero 4 Is i / • - I 1 .., s a f „ ee , •:,•.. n!f! 17th. "JAVENU€ >s h�.=, ,�•��._� S.W. T '.. acpit, C W NO ,99 Lqr fl'!! •f 0,•aP r r fll�� 11!.61 �e,•!•r Y aIo _ � uIA ..r I5I vo ► / I �Tol i / Y a l 00 I Y ' C r ;.I'. ^ + n 41. ® I / N ra — — ' I — I I _ I N I it N Iv YI. I6 ryu.�� '� •1 p.• �N` I ' �th . i".1 c�T 1 •OSA s -:' ,N� Vr� -.� .00 • .o . y e s : ,00 fo y eo m 1., 00 � •� � 8 ''rd '0 6 cN'ti IO lS � '� Yx: too W. 0 remati wmr ® mrm k EXHIBIT "B" r Description of Area to be Retained as a Pedestrian/Bikeway Easement Tht portion of land located in the Northwest quarter of Section 11, Township 1 South, Range 1 West, Willamette Meridian, and being more particularly described as follows: Beginning at the southwest corner of Lot 1, Butler Terrce, a recorded Plat, Washington County Plat Records; thence North 00046'52" East, on the west line of said Lot 1, 20.0 feet; thence South 89052'02" West approximately 125 teet to the east rignL--or"--way ii'r�t of a.VV 97th Avcnu �r^' !`ta Read 1962); - thence southerly on said east right-of-way line on a nontangent 477.46 foot radius curve concave to the west, 20 foot; thence North 89052'02" East 105 feet; thence South 00046'52° West, 20 feet; thence North 89052'02" Eest 140.41 feet; thence North 00007'58" West 12.97 feet to a 45-foot radius curve on the south right-of-way line of S.W. Inez Street; thence northeasterly on said 45 foot radius curve (the chord bears North 44030'57" West 19.84 feet), 20 feet to the point of beginning, containing approximately .12 acres. IS 7 A 7iJTI fl P 5 q is � -.r..rr .rai/H9'u•';vi�}^'."•.-'�.':'..v..n. . Ifirr o• ® � I'�f p� � I nIP �� �A � u m W �n t .n O nai or- O 'I �) rn C' + 1T' y 10 J G• u p tO ' V L't �� 4 1 � � I.T. - ..:� • I �I�'Y`f�{{.I{ t uu� yu T.y a IN o a J gl 1s O +a. o`' JJE + u t0 I •: I If{T1 4 !T �7th1 jAVENUE C a x :, =I rl S.VV. T l c a No I�e� Ul.il tYi �0,124 •f`'r M VI ^ I 1h ^ 0;.1,. d +s IP rN 1 p�� I I � l oo t' �o oo+r� � •v.v �fffmm�_ � .ee at � t s O N C N O `e.4 I O � •oae. 1 I.eo•rrw h.,s °,• �'$.ro .�.� 4 �]y ®7/� _ �Cl1, _1 �_ ►._ CT of 11 •00 r 0.t F � 106:0 LA Y -.Iv N ` 100 +o 21.1 i 14 c 0 .o+.o. 77 s�reb..lr 5 �� -- 'SI tIP�� ��,. IS[ es•.% �: t