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Ordinance No. 87-50 CITY OF TIGARD, OREGON ORDINANCE N0. 87- - 50 AN ORDINANCE VACATING A PORTION OF SW 76TH AVENUF, A DEDICATED PUBLIC RIGHT-OF—WAY WITHIN DURHAM ACRES, 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 return a portion of SW 76th Avenue to private ownership for- development purposes; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and tNF1ERER5, In dcuoruaiicC 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 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 a portion of SW 76th Avenue right—of—way because the public interest will not be prejudiced; and t , 4 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 SW 76th Avenue as described and shown on the attached Exhibit "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--TO a Page 1 • r' ® ,,• 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 w•�.�s _ vote of all Council members present after being read by number and title only, this I � day of 1987. Beputy Recorder �oreer� �. �,Ui�s o►� APPROVED: This day of �� 1987• r Thomas M. Brian, Mayor RSC:cnl0067D — n �s ORDINANCE NO. 87— Page 2 EXHIBIT "B" That portion of SW 76th Avenue located in the southwest quarter of Section 12, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Beginning at the southeast corner of Tract "B", Gentle Woods, a recorded plat, Washington County Plat Records; thence South 000 12' West, on the west right—of—way line of SW 76th Avenue (being 40 feet in width), 530.60 feet to the south line of Lot 23, Durham Acres, a recorded plat, Washington County Plat Records; thence North 890 56' East, 40.0 feet to the east right—of—way line of =aid SW 76th Avenue; thence North 000 12' East, on said east �ig" —any line, 53o.6V Feet to the north line of Lot 33, said Durham Acres; thence South 890 56' West, 40.0 feet to the point- of beginning, containing 0.487 acres, approximately. RSGIST PROFESSIONAL LAND SURVVORI 1 t tea•+./ . 0RGG k �aewARr�5. JON T.FE#G10N 02 2 Ct 1646W/14W` Wo ►.v eax i3 :5ow � 4' 1500 ~ A� �r TRACT 8 �� // 33 SW GENTLE �21 7 117 Ac. s3s To TO la y3 ,a 3100 3000 : 2900 _ 280 a 23 8 22 0 21 _ 200- I600 n D TO t, T TO 97.T7 4s, V' Rhe 327.62 135 110 92.77 v�}a 32002600 2700 'r`'� I700 N 9 b 300 .35 Ac. IB 0 19 or-20h °s o� '"�> ^ /.43Ac. ?p �9Q` 1800 m 10 2500 a 43 �q 31.42 ® 1R ITA 5 J 135 3Ow a Ae$' eL c 17 32 3400 R. v C~"► 2 2200 : 190p p N !4I1 _ — � � C' l e�• 'ryy V sew 2400 57.17 �'o°'s �Z ° o 16 Cp 2300 d 2100 ° a 200(? Q -- o 13 - PdiNT1 116 �v 130. 7733001 126 104 TPGtCTA 97.1! a•, 3t®. 32aq' 324110 3500 f 400 5.64 As. ( LBB Ac. ®_ 27„ 26 ”.. '.. 25 — 326.50_ _ _ 326`96 500 L F c-a /ea Ac 13E. V,4cAT-8D 24 3600 LBB Ac. 329.06 329.04 t 700 i 600 c /.&I Ac I / 7N 4,