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Ordinance No. 87-42 e CITY OF TIGARD, OREGON ORDINANCE NO. 87-- q C AN ORDINANCE VACATING A PORTION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 13 AND 14, CHELSEA HILL NO. 1, A RFCORDED PLAT IN THE CITY OF i'IGARC, WASHINGTON COUNTY, OREGON. 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 eliminate certain encroachments upon said easement; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with ORS 271.100, the 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 ar=-a and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on July 27, 1987, finds the public interest will riot 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 public utility easements within lots 13 and 14 of Chelsea Hill No. l because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following condition is necessary to vacate said land: 1. 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 ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of public utility easements within lots 13 and 14, Chelsea Hill No. i as described and shown on the attached Exhibits "A" and "B", 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. 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— Page 1 77, , { 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 1.1,L-,- -i--44.5^ vote of all Council members present after bein read by number and title only, this day of 1987, f� oreen R. Wilson, City Recorder APPROVED: This day of 1987. t Thomas M. Brian, Mayor RSC:cn/0052D ORDINANCE NO. 87- 'y o7- Page 2 ,a Exhibit "A" That portion of Lot 13, Chelsea Hill, a recorded plat, Washington County Plat Records, located in the southeast quarter of Section 2, Township 2 South, Or e Range 1 West, Willamette Meridian, City of Tigard, Washington Countgon• being described as follows: Beginning at a point which bears North 03° 36' 30" East 5 feet, and North 860 23' 30" West, 36 feet from the southeast corner of said Lot 13; thence North 860 23' 30" West 24 feet; thence North 030 36' 30" East, 2.5 feet; thence South 860 23' 30" East, 24 feet; thence South 030 36' 30" West, 2.5 feet to the point of beginning, containing 60 square feet. eu REGiS'iEREO PROFESSIONAL LAND SURVEYOR OREG N • aNWwr t 19�t ON T.FEi{iIOM 2d5` 3268P �y E v Exhibit "B" That portion of Lot 14, Chelsea Hili, a recorded plat, Washington County Plat Records, located in the southeast quarter of Sectir)n 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described ae follows: Beginning at a point which bears South 030 36' 30" West, 4 feet and North 860 23' 30" West, 19 feet from the northeast corner of said Lot 14; thence North 860 23' 30" West, 43 feet; thence South 030 36' 30" West, 3.5 feet; thence South 860 23' 30" East, 43 feet; thence North 030 36' 30" East, 3.5 feet to the point of beginning, containing approximately 150 square feet. REGISTERED PROFESSIONAL, LAt"M SURVEYOR aro r: t'M 1 IG!ON ' `-2252 3268P »� OF- 911- L 4o 13 ,41vz 14 K� 50 f `Po1'nOM VAcATIEc7 r` xr - - f 20 s t Poe Q 7 ���rM':..Vw4•}:•�dekd••...`•..ti:atJ.•.•if:• S'e.L.- .�� .e e - "a - a 1-oT i4 Ul 60 . r� ► �, _Nig-: � � . OEM hitBoom tPI- - I� �♦ ♦ G►' >> i� • Anw- IN . , �� �� �►, ►� � rte.: Niles • �i/1 /11 �""r � Vii, : � ��s♦ ,�' '� Vii,, # - min .a ole � • � � .. - i . ���r .�...� � �.■.��11 111 'i� ae� :u1�e • - �.... . ©