Ordinance No. 87-69 CITY Of TIGARD, OREGON
ORDINANCE NO. 87—_J�_q_ _
AN ORDINANCE CONCERNING VACATION OF A PORTION OF PUBLIC UTILITY EASEMENTS
WITHIN AMART SUMMERLAKE, 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 plane for the public hearing and 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
l the affected area, as dosc•rihed in ORS 2?1 0811,• and
a�'aa and all vwncr"� .n -
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. ','0 and TMC Section 15.08.130; and
Ar-
WHEkEAS, 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
i of Amart Summerlake; 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 not 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.
Me 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 of Amart Summerlake as
described and shown on the attached Exhibit "A and by this reference made
part hereof.
ORDINANCE NO 87—
Page 1
Section 2: The 'pard City Council further or'de.rs ih;,At the vacation be
subject to the following condition:
a. The vacation shall riot be effective until the effective date of-
this ordinance, and a certified copy of Lhis or`uirti.nct� 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 approved by the Mayor-.
PASSED: Byl tnc+r,; ,,,Ls_ vote of all Council members present f
after being read by number- and title only, this day
of �� �;�, , 1987.
z
LeWilson, City Recoe-der
APPROVED: This Y T�- _ day of er�, 1987.
Thomas M. Brian, Mayor
c
Approved as to form:
ity ttorney
r
Date
cn/1938D
c:
ORDINANCE NO, 87—
Page 2
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EXHIBIT "A"
' A ten foot wide strip of land located in the northeast quarter of
Section 33, 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 northeast corner of Lot 4, Amart Summer Lake, a
recorded plat, Washington County Plat Records; thence South 850 21'
39" West, 112.65 feet to the point of terminus on the past
right—of—way line of SW Summer Lake Drive. The sidelines of said
ten foot wide strip extend to the boundaries of Lots 4 and 5, said
Amart Summer Lake, containing approximately 1126 square feet.
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