Ordinance No. 87-43 CITY OF TIGARD, OREGON
ORDINANCE NO. 87—
AN ORDINANCE VACATING A PORTION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 35, 36
AND TRACT I, MORNING HILL NO. 1, A RECORDED PLAT, IN THE CITY OF TIGARD,
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
public utility easements for development purposes; 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
area and all owners in the affected area, as described in ORS 271.080; and
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WHEREAS, the Council, having held a hearing on July 27, 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 public utility easement within lots 35, 36 and Tract I of
Morning Hill No. 1 subdivision because the public interest will not be
prejudiced; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land:
1. Theapplicantof the vacation shall provide the Engineering Section
with written notice and/or assurances from both the Tigard Water
District and PGE that all of their affected services will be relocated
as required.
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.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
'y Section 1: The Tigard City Council hereby orders the vacation of a portion of
public utility easement within lots 35, 36 and Tract I of Morning Hill No. 1
subdivision as described and shown on the attached Exhibit "A", and, by this
reference made part hereof.
nRDINANCE NO. 87-
P'ge 1
Section 2: The Tigard City Council further orders that the vacation be
subject to the following conditions:
1. The applicant of the vacation shall provide the Engineering Section
with written notice and/or assurances from both the Tigard Water
Dietrict and PGE that all of their affected services will be relocated
as required.
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.
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 vote of all Council members present after
being rear by number and title only, this _�"�T� day
of 1 u 1967.
oreen R. Wilson, City Recorder
APPROVED: This _ � day of �'�s J 1987. _
t.
ThomasMi Brian, Mayor
RSC:cn/0092D
_ORDINANCE NO. 87- YJ
Pace 2 ��
EXHIBIT "A"
Those tracts of land located in the southeeast 1/4 of Section 33, Township
1 South, Range l West, Willamette Meridian, City of Tigard, Washington County,
Oregon, being described as follows:
Parcel I
Beginning at a point which bears South 880 30' 11" East, 12.50 feet from
the southeast corner of Lot 34, Morning Hill No. 1, a recorded plat,
Washington County Plat Records; thence North 110 29' 49" East, 76.26 feet to
the south right-of-way line of S.W. Falcon Rise Drive; thence northeasterly on
said south right-of-way line on an 875 foot radius curve concave to the north
0"'(the chord of which bears North gno - 51" East, 15.30 feet), 15.s0 feet;
p' thence South 10 29' 49" West, 79.29 feet to the south lime of Tract "I", said
Morning Hill No. 1; thence, North 880 30' 11" West, 15 feet to the point of
beginning, containing approximately 1167 square feet.
Parcel II
A ten foot wide strip of land located in Lots 36 and 35, Morning Hill
No. 1,- a recorded plat, Washington County Plat Records, the centerline of
which is the east line of said Lot 36. The side lines of said strip of land,
being 5 feet from said centerline when measured at right angles, lengthen or
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shorten to terminate on the north and south lines of said Lots 35 and 36,
containing approximately 1,152 square feet.
Parcel III
Beginning at the northeast corner of Lot 35, Yarning Hill No. 1; a
recorded plat, Washington County Plan Records; thence South 10 19' 05" West
94.38 feet to the southeast corner of said Lot 35; thence southwesterly on the
north right—of-way line of S.W. Falcon Rise Drive, on a 275 foot radius curve
concave to the north (the chord bears South 690 43' 42" West, 5.38 feet), 5.38
feet; thence North 010 19' 05" East, 96.36 feet to the north line of said
Lot 35; thence South 880 40' S5" East 5 feet to the point of beginning,
containing approximately 477 square feet.
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