Loading...
Ordinance No. 87-10 CITY OF TIGARD, OREGON ORDINANCE NO. 87- ID AN ORDINANCE VACA"T"ING A PORTION OF SW 67TH AVENUE AND S.W. ATLANTA STREET AND DECLARING AN EFFECTIVE DATE WHEREAS, the Tigard City Council initiatod this vacation requost pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHER-AS, the reason and purpose for this vacation is to return a portion of SW 67th Avenue and S.W. Haines Street to private ownership to eliminate excess right--of-way area; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with ORS 2.71.100, and TMO at::uLlu-'rl 1 ;.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 ares, and all owners in the affected area, as described in ORS 271.080; and Ivi1; Ir2cAS, the COu'riCii, �iaviliy held a hic:dritig url March 9, 1987, filidJ th& 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 67th Avenue and SW Haines Street rights-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: I. An easement for operation and maintenance of facilities be retained over all that portion of vacated "lands north of Block 9,. WEST PORTLAIIUrMv 11EIGn= YLeOIS t'111E'ftL -11 .11 the benefit 01 thlz$ JIIgLl rest solely with the Metzger Water District. 2. That the benefiting property owner of this vacation, Health Physics Northwest, demonstrate to the City Engineering Division that the Oregon Depvrtment of Transportation has adequate legal access to their guardrail on S.W. Atlanta/Haines Street. This condition must be satisfied within one year of the date of pass:,ge of the vacation Ordinance, otherwise the complete vacation will become null and void. 3. 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. ORDINANCE NO. 87-�Q Page 1 i THE CITY OF TIGARD ORDAINS AS FOLLOWS: P Section 1: The Tigard City Council hereby orders the vacation of a portion of ESW 67th Avenue & SW Atlanta Street as described and shown on the attached Exhibit "A"; and by this reference made part hereof. Section 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. An easement for operation and maintenance of facilities he retained over all that portion of vacated lands north of Block 3, WEST PORTLAND HEIGHT'S. The benefit of this easement shall - rest solely with the Metzger Water District. 2. That the benefiting property owner of this vacation, Health Physics Northwest, demonstrate to the Cit, Engineering Division that the Oregon Department of Transportation has adequate legal access to their guardrail on S.W. Atlanta/Haines Street. This condition must be satisfied within one year of the date of ^=ssRge of the vacation Ordinance, otherwise the complete vacation will become null and void. 3. 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 day after its enactment by the City Council and approval by the Mayor. PASSED: By 11hLl hl 0U S vote of all Council members present after being read by number and title only, this q day x of ` �CLnC�_ 1987. Catherine D, Wheatley, Deputy Recorder ' APPROVED: This day of /'/�1� 1987. Thomas Brian, Mayor .; cw/4503A ORDINANCE NO. 87— Page 2 4 34t{ ro�cuoto \�WR� "YL1'y�,73tis 'mi _ :{.,.}fv{d }.`tit:}}.•{:.+{tied{ti$;i s E DATA .` ti d}'h:ti ` •'::{:•}•.•ti L•J S:;S :tiy, � +v •{i�}}fi.:�� •r of{}} •1\ OS R ::,,,v t,.v`:-'.•Cf}.:+3.Y• ti=::��7:G`''z:� P o P E 0 341 17'20" � � {'•h•:•x=`� '' •:!}::Stili �¢:p ` ''u'"`f"'`" '.'•}'• VACATION X8.73 TL�CW .. 't.,••:L`:A• •.�t}{'Lti$' r}'�•C'{ � ::,.:{v::::•::•"•}:{;}: xx{•.:• �`i / 98 3+4.Z jqqo / jaG"0 ®.� YSiG•.5 :, 1 NoWTIA WAST 343.7 346-4 •'. 240,-K _ 341.8 ?a 344.9 _ 1 O A f_ Ra(000 a 3 4.8 '� 0 342.9 y34.7.2 3V"O,1K I 34 b 343.5 343.9 N 890 59 55 E fzN0000Er,oRoN 100.23 ll-Q 3-+4-& 34 5WAr • 3 � Q ftvlt. t c s .., E • F EXHIBIT "A" LEGAL DESCRIPTION FOR SW 67TH AVENUE AND S.W. ATLANTA STREET STREET VACATION i Beginning at the Southeast Corner of Lot 20, Block 3 WEST PORTLAND HEIGHTS, a plat of record in the Southeast Quarter of Section 36, TIS, RM, W.M., Washington County, Oregon and running thence North along the East line of said Block 3, 128.80 feet to the Northeast Corner thereof, thence S 88052'45" along the North Line of said Block 3, 89.90 feet to an Iron Rod on the Southerly Right-of-Way of Southwest Haines Road opposite Engineer's Centerline Station -'H" bu+96.61 (at so-0'i feet), thence along t" saia southerly "_gst-of-l-4 on a 208,73 foot radius curve parallel with and 30.0 foot distant from said Engineer's "H" Centerline (the center of which bears Southeasterly and the Long Chord of which bears N 75029105" E, 98.02 feet) 98.94 feet to a point opposite said Engineer's Centerline Station "H" 49+83.65 thence South parail,al W _ll •.r V-4- Li^.e of Rlnck 3- 1.51.61 feet to a point, thence �u.l S 89059'55" W, 5.00 feet to the point of beginning. Containing 2105 square feet, more or less. cw/4503A F