Ordinance No. 88-11 CITY OF' TIGARD, OREGON
: 1
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF SW 70th AVENUE, A DEDICATED PUBLIC RIGHT—
OF--WAY WITHIN WEST PORTLAND HEIGHTS AND BEVELAND, RECORDED SUBDIVISION PLATS,
IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, a vacation petition was received and filed with the City Recorder; and
WHEREAS, the reason and purpose for this vacation is to return a portion of
SW 70th Avenue to private ownership; 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 tc ur vc*,aLei ; 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 held a hearing on August 31, 1987, to consider the
vacation of a portion of SW Gonzaga Street and SW 70th Avenue; and
WHEREAS, the Council determined at the August 31, 1987, hearing it was not
appropriate to vacate that portion of SW 70th Avenue; and
WHEREAS, the Council continued the August 31, 1987, hearing to May 9, 1988, to
reconsider the vacation of SW 70th Avenue; and
WHEREAS, the Council, having held a hearing on May 9, 1988, 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 the following conditions are necessary to
vacate said land:
1. That a general public utility easement be retained over a portion of the
area to be vacated to accommodate existing and future public utilities.
Said easement area being described in the attached Exhibit "B."
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:
Section 1: The Tigard City Council hereby orders the vacation of a portion of
SW 70th Avenue as described and shown on the attached Exhibit "A," and by this
r reference made part hereof.
4 ORDINANCE NO. 88— %1
Page 1
Section 2. The Tigard City Council further orders that the vacation be
subject to the following conditions:
1. That a general public utility easement be retained over a portion of the
area to be vacated to accommodate existing and future public utilities.
Said easement area being described in the attached Exhibit "B."
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: This Ordinance shall be effective on the 31st day after its
enactment by the City Council and approved by the Mayor, subject to the terms
and conditions included within the Ordinance.
PASSED: By U ni 4 N Z/1J()L15 _ vote of all Council members present
after being read by number and title only, this _r day
of 1988.
L 4a,an-.R-.-4U1so4,,, City Record
APPROVED: This p( day of � 1988.
Thomas M. Brian, Mayor
Approved as to form:
B�
C io'r ne
y y
Date
ke/4491D',
ORDINANCE NO. 88-1-L
Page2
EXHIBIT "A"
® r
That portion of SW 70th Avenue located in the northeast quarter of Section 1,
Township 2 South, Range 1 West, Willamette Meridian, City of Tigard,
Washington County, Oregon, described as follows:
Beginning at the southwest corner of Block 30 West Portland Heights, a
recorded plat, Washington County Plat Records; thence North on the west line
of said Block 30, and the east right-or'-way line of said SW 70th Avenue, 150.0
feet; thence West 50.0 feet to the west right-of-way line of SW 70th Avenue;
thence South, on said west right-of-way line, 157.95 feet;. thence Last, 20.0
feet; thence South, on the west right-of-way line of SW 70th Avenue, 52.05 to
the westerly extension of the south right-of--way line of SW Gonzaga Street;
thence East, on said westerly extension, 30.0 feet to the northwest corner of
Block 31, said West Portland Heights; thence North, on the northerly extension
of the east right-of--way line of SW 70th Avenue, 60.0 feet to the point of
beginning, containing approximately 9,460 square feet.
ke/4465D
RiGI8t>I M
PROFESSIONAL
U1ND SURVEYOR
OREGO
J.Ast'a.9r:6.1W
JON T.F�IQION
y
Map to Accompany bescription
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EXHIBIT "B"
That portion of SW 70th Avenue located in the northeast quarter of Section 1,
Township 2 South, Range 1 West, Willamette Meridian, City of Tigard,
Washington County, Oregon described as follows:
Beginning at the northwest corner of Block 31, West Portland Heights, a
recorded plat, Washington County Plat Records; thence West on the westerly
extension of the north line of said Block 31, 15.0 feet to the True Point of
Beginning; thence North, parallel with the west line of Block 30, said West
Portland Heights, 210.0 feet; thence West, 15.0 feet; thence South 210.0 feet;
thence East 15.0 feet to the true point of beginning, containing approximately
3,150 square foet.
ke/4520D
pR®FiMSIONA!„
yAmo SURVEYOR
OREGA
JON T.FE AGIOJANVAAY 16.1991
14
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Map to Accompany Description
For Exhibit "B"
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