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Ordinance No. 87-09 CITY OF TIGARD, OREGON ORDINANCE NO. 87-Oq AN ORDINANCE VACATING A PORTION OF SW 66TH AVENUE (FROM SW ATLANTA STREET TO --- SW BAYLOR STREET) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to SC-c—;. _�,nA,i,di1 of the Tiqard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return a portion of SW 66th Avenue to private ownership facilitating future development; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance �y;th npc 271 lnn and TMC Saction 45.08.110, 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 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 66th Avenue right-of-way because the public interest will not be prejudiced; and WHEREAS, the Council finds that the fallowing conditions are necessary to vacate said land: 1. That the southerly 60 feet of the proposed vacation not be vacated for traffic circulation and street improvement reasons an stated earlier. The revised area to be vacated being shown in Exhibit "B 2. Subject to adequate land being vacated to the Tigard Water District, a private easement for ingress and egress be granted to the northerly abutting property owner (single family residence) from the southerly abutting property owner (Tigard Water District). The easement document and area description, as mutually agreed upon by the owners of Tax Lot 100 and Tax Lot 600, to be approved by the City Attorney and Engineering Division. 3. That a 20-foot wide easement be retained to the benefit (grantee) of Metzger Water District and Portland General Electric for the operation and maintenance of their services over the west 20 feet of the area to be vacated ORDINANCE NO. 87-aC Page 4. 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. THE CITY OF TIGARD OR0AIWS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of SW 66th Avenue (from Atlanta Street through its intersection with SW Baylor Street) as described on the attached Exhibit "A" and shown on the attached Exhibit "B", and by this reference made parts hereof. Rection 2: The Tia, :"'l City C-Ounce.! further orders that the vacation be .. subject to the following condition: 1. That the southerly 60 feet of the proposed vacation not be ; vacated for traffic circulation and street improvement reasons as stated earlier. The revised area to be vacated being shown in Exhibit "B," 2. Sabject to adequate land being vacated to the Tigard Water -- District, a private easement for ingress and egress be granted to the northerly abutting property owner (single family residence) from the southerly abutting proppr.y owner (Tigard Water District). The easement document and area description, as mutually agreed upon by the owners of Tax Lot 100 and Tax Lot 600, to be approved by the City Attorney and Engineering Division. 3. That a 20-foot wide easement be retained to the benefit (grantee) of Metzger Water District and Portland General Electric for the operation and maintenance of their services over the west 20 feet of the area to be vacated. 4. 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. Section 3: In no situation shall this ordinance be effective until the 31st J_.. cL •a i-- approval by the uay a'¢, v<� a ai�aa�.�menL by the City l+OUnCi1 ar'iV iip.p...._-_ � Mayor. PASSED: By unanimous vote of all Council members present after being read by number and title only, this 23rd day of February 1987. 3 Q ✓( CL-t-�l,.CJ1.c�tiP ���.Q(lc.� 6ereert R•--W��serrr-G��y�-Reeewe�at$-- Catherine Wheatley, Deputy Recorder APPROVED: This 23rd day of February 1987. Thomas Brian, Mayor RC:cn/0670W ORDINANCE NO. 87-y� ' Page 2 EXHIBIT "A" s A tract of land located in the southeast quarter of Section 36, Township 1 s South, Range 1 West, Willamette Meridian, City of Tigard, Nashington County, p`p E c:_ Oregon, more particularly described as follo�was: 8 Beginning at the rwrthwa5t cori-le-r of Zvi; ..%e, Biock 4, west Portland q Heights, a recorded plat, Washington County Plat Records; thence South 010 06' East, on the east line of said Block 4 and its southerly extension, 368.9 feet to the northeast corner of Block 7, said West Portland Heights; thence North ^^� Got r.aa .n.n^e:mafnlu M foot to tha wast richt-of-..eau line of Tn*arstate 64- :,a mow.... ...p.,.. ....._...,..---. Highway No. 5; thence North, on said west right-of-way line, approximately 60 feet to the easterly extension of the north right-of-way line of S.W. Baylor Street; thence South 880 53' West on said easterly extension approximately 10 feet to the east right-of-way line of S.W. 66th Avenue; thence North 010 06' West on said east right-of-way line, 308.9 feet to the easterly extension of the north line of said Block 4; thence South 880 53' West on said easterly extension, 60 feet to the point of beginning, containing approximately .52 acres. ;Rt�401k i� `gr%f r r ,r ; a i Al A (r i I I moo"] UFE.CTE PROPERTY OWNERS � � � I I •111 ZA 1. I STREET p.YaO.! 11.1 SCI f1BGf'I�• �Iln a ISI 3 FREI T T...,., oo ,, 0ao7000024« a•u00 -100—24 i >� •'' - f ao 63 "pi �ol .. zz 3 -- — - , ._22 .VACATION A 21 4 2 1 :w5 _ .... — - — '>.:::. AREA to 4 _19 19 Y 7 600 16 7"3.01 _ 18 '';` w g 100 �.. o 17 •w 400100 fi01 I7 i<'• �rfi� r -� Ti rfiT T r s Z � 1 W o 510 O Q 9 1 10, III 12; 13 la IS 16 Q 9 10 II 12 13 14 IS 16 1111 9 i 9 2! S T R E E T a r 3 O � 34 5I �37 !g :e�90 3 38 6 7 g I !° $ i i l �I 0 ° L 1 J- -34W loo 36 C� 9 4000 00 1 36 10— — — ` —— I 10 — — — — 35-1° 3700 34 11 — — —— 34,.. 33 12 — — — 33-1 ! 13_ _ 32 13 — 32 ° 14 _ 31144100_ _ —31� b4 5 _T3600_30 N =5 _ 30� t CO 17_ 3403 2.8 t • Is so* loo 27 � eT 310 I ! I ! i o �0 211 ° I f 1 2 1.211 2 231 241 25!26 !gc(1e� � �t24 25 26� I I.. i 1 23 X251 1 1 i NO/iTi iry� STREET i EXHIBIT" "B" A tract of land located in the southeast quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, more particularly described as follows: Beginning at the northeast corner of Lot 24, Block 4, West Portland un4ahi_a• wnenr ^4 plat WAghi,nciton County Plat Records; thence South 010 06' East, on the east line of said Block 4, 308.9 feet to the southeast corner of said Block 4, said West Portland Heights; thence North 880 53' East approximately 60 feet to the west right-of-way line of Interstate Highway Ain 5; said line haina also the east right-of-way line of S.W. 66th Avenue; t thence North, on said west right-of-way line, North 010 06' West 308.9 feet to the easterly extension of the north line of said Block 4; thence South 880 53' West on said easterly extension to the point of beginning. s— 0670W r`.. �I iREVISED AREA, TQ BE VACATED ..rWW.a ."; . PROPERTY �u>� :)WWERS A I I SES STREET yp.=SD.3 • I a 1S136PPSTREET, _ goo :•::?:� :•> .o 700 -24 .o 200 100 24 dam. 3�oi _ zz 3 VACATION — AREA 5 20 'S 206 19 t 7 800 r18 7"3.01 t 8 ys 17 W 400,00 60& 17 i�%rte f 7 t' T f TT T r :fy ;.'i Z 100 W r ` _ r Q 9, 10, it 12 13 14 IS 16 Q 9 10 11 12 13 14 15 16 (STREET w r/to.2,.331 f 2 N O 33 15 6 31 61 7 38 3S3 90 3 4,3 6 7 8 w U 1 ( I I I I I of + �- ti i i 934o 34W36+ — _ 36 9 400 — — — 36 `>+ { 10— IG - — 350 II _ 4 3700 34 II _ 34,E 12_ — — — 33-1 I f 13 _ 32 f3 7 — 32 I = !4_ _ 31 14 4100— — 31 Lk 5. 3600 30 tlj 15 — — 30�. co t7_ 3403 A29 '10 29 2.828 18 goo 00 27 �F 1 34 0 a— T �3 Q I Io 211 0 o 1 , 2q•21, 22 23 24 25 26 2 -12 25;26� S?BEET 6 L ,