Ordinance No. 87-68 CITY OF TIGARD, OREGON
ORDINANCE NO. 87- i6
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AN ORDINANCE CONCERNING VACATION OF A PORTION OF PUBLIC UTILITY EASEMENTS
WITHIN KNEELAND ESTATES NO. 2, 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 ORS 271.130, and
WHEREAS, the reason and purpose for this vacation is to eliminate existing
public utility easements as they are no longer needed for public 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 Recorder published
•ogee 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 December 7, 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 public utility easements within the subdivision
t plat of Kneeland Estates No. 2; the Council finds that the owners of a
majority of the area affected, computed under ORS 271.080, have not objected
in writing to the vacation; the Council finds that the vacation will riot
substantially affect the market value of any abutting properties; and
WHEREAS, the Council finds that the following conditions 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 the subdivision plat of Kneeland Estates No. 2
as described and shown on the attached Exhibit "A" and by this reference made
part hereof.
ORDINANCE NO. 87-
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Section 2: The Tigard City Council further orders that the vacation be
subject to the following condition:
a. 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.
c
Section 3: In no situation shall this Ordinance be effective until the 31st
day after its enactment by the City Council and approved by the Mayor.
PASSED: By JJjaC& �A __ vote of all Council members present
after being read by number and title only, this day
of _��,-ov 'zv•- y, 1987.
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�Wilson,
u..J
oreen R. City Recorder
APPROVED: This :—r7- day of �1 par�-- 1987.
Thomas M. Brian, Mayor
Approved as to form:
� ��tti•�f
ty Attorney
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Date
cn/1938D
ORDINANCE NO. 87-
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EXHIBIT "A"
A ten foot wide strip of land located in the northeast quarter of Section 14,
Township 1 South, Range 1 West, Willamette Meridian, City of Tigard,
Washington County, Oregon, the centerline of which is described as follows:
Beginning at the northwest corner of Lot 132, Kneeland Estates II, a recorded
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plat, Washington County Plat Records, thence South 3611 45' 46" East, 119.e8
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feet to the point of terminus on the northerly right—of--way line of SW 93rd
Avenue. The sidelines of said ten foot wide strip are parallel with and five f
feet from said centerline and extend to the boundaries of Lots 131 and 132,
said Kneeland Estates II, containing approximately 1120 square feet.
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