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Ordinance No. 88-19 R CI 1Y OF' TIGARD, OREGON (r ORDINANCE NO. 88-- ! 1. AN ORDINANCE VACATING A PORrI:ON OF SW 791H AVENUE, A D:::D:iCFATCO PUBLIC RIGHT--OF-WAY LOCATED WITHIN DURHAM ACRES, A RECORDED SUBDIVISION PLA f, IN FHE CI-1Y OF TIGARD, WASHINGTON COUNTY, OREGON, j i WHEREAS, the City recently completed a capital improvement, in conjunction with the Mara Woods subdivision development, known as the SW 79th Avenue/SW Bonita Road irite rsection realignment; project.; and WHEREAS, it appears that a portion of the SW 79th Avenue right--of--way is no longer- needed for, public purposes as a result of said realignment project; and WHEREAS, a vacation request was received and filed with the City Recorder; and WHEREAS, the reason and purpose for- this vacation is to return a portion of E the SW 79th Avenue right.-of-.-way to private ownership; and i i WHEREAS, the vacation is recommended by the Planning Commission and the }} Department of Community Development; and E e WHEREAS, in accordance with ORS 271.100, the TMC Section 15.08.13.0, 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 i' WHEREAS, notice has bacon mailed to all property owners abutting said vacation area and all owners in the affected area, as described in URS 271.080; and WHEREAS, the Council, having held a hearing on July 25, 1.988, finds the public interest will riots 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. t' Said easement: area being described in the attached Exhibit "B." 2. The vacation shall riot 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; f r Section 1: The Tigard City Council hereby orders the vacation of a portion of Sid 79th Avenue as described and shown on the attached Exhibit "A," e and by this reference Trude part herouf. K4 ORDINANCE N0. Page 1 i 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 f _ portion of the area to be vacated to accommodate existing and { future public. utilities. Said easement area being described in the attached Exhibit "B." f 2. The vacation shall not be effective until the effective date t of this Ordinance, and a certified copy of this Ordinance has j been recorded with the Washington County Clerk, Assessor, and i Surveyor. Section 3: This Ordinance shall be effective can the 31st day after its enactment by the City Council and approved by the Mayor, subjcact- to the terms and conditions included within the Ordinance. i PASSED: By Lt�Ctnj tY _ vote of all Council members present s after eing read by number and title only, this _ y� day of Cherine Wheatley, Deputy Ci&y Recorder Zai 1 APPROVED: This ��� _ day of C 1988. m Thomas M. Brian, Mayor _ Approved as to form: r Gity (lttorn y ht/5915D r ORDINANCE NO. 88'- Page 2 rc 5x wigiT SW 79th Avemu S4. •e.et Vacation a That portion of SW 79th Avenue (County Road 933, being 40 feet wide) situated in the Northwest quarter of Section 12., Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, as shown on the plat of DURHAM ACRES, a recorded plat of -said county's plat records described as follows: Beginning at the point on the centerline of said S.W. 79th Avenue that lies 3O feet, when measured at right angles, from the centerline of S.W. Bonita Road (County Road 736, being 40 feet wide); thence parallel with and 30 feet from the centerline of said S.W. Bonita Road, N 88042'32"W 20 feet to a point on the west right-of-way line of said S.W. 79th Avenue, said point also being on the east boundary of MARA WOODS, a recorded plat of said county's plat h records; thence on said west right-of-way line S 0053'37"W, 66.49 feet to a ' point on a nontangent 82.39 foot radius curve concave to the northeast; thence leaving said right-of-way and east boundary of MARA WOODS, southeasterly on said 82.39 foot radius curve (the long chord of which bears S 42034'43"E, 6.67 t feet) 6.67 feet to a point of reverse curvature; thence southeasterly on a 150 foot radius curve concave to the southwest (the long chord of which bears S32°31`11"E, 64.31 feet) 64.81 feet to a point on the east right-of-sway of said S.W. 79th Avenue; thence on said right-of.--way N0053`37"E, 124.73 feet to a point that lies 30 feet0(when measured at right angles) from the centerline of S.W. Bonita Road thence 30 feet from and parallel with said centerline M88042'32"fit, 20 feet to the point of beginning, containing 3,637 square feet. Basis of Bearing, plat of MARA WGODS ht/4950D RZO1S' EREP IPPROPESSIONAL "ND S6R OSIO OR r CREo'o s 04.ewea�ar eg,ex�pp 4 '� i*FMI 164 yr 40 V o WEAVER ,P 1100 WAY 41 a,�1 t1t 0 M Ox 42 Tii 'r f Iw v (. g [�(�44 P, R EAST 111 1� = 100• Ii ~ .KROES J ` LOi /q A +q 0P a 600 ^.770AC. B 14-t0 N 40 900 rte 14 ^ t +yy 43 V rt J \ 600 ° 44 �'x � rzAs es x'1040 Tao Map For Exhibit "A" .�• 45 OG .05A UESCRIBED AREA ONITA 47 R® .'N.0.0 ` 00, ®'o®'Y4�!!,® ♦s'6.0e 330.97 101.8® Q8.88 39iA2 >!j 69A 89'45'W 3200 E100 30^0 so }s: - 1000 90 00,fie $ ( P 'fv,:•'}; Ld'B AC. p .41 MA A d1 d 4 67 factof MABA C ��® 34Mq 01 Y°p� ¢ g6YY $1 LU 5 .s2a' �l 370040 0 36010 �> 7c sp o46 3 500 , w (^; CO)6D 124.67 65` 8'10 SS` ,gB� 330IS S �- 2640 1100 LBB AC. .94 AC. �s 61 N 62 Q e+ a ai sv w m , sd 1200 94 AC 329,28` J29.28` 2700 IJeJI! S 6( ' L68 AC �� 4 EXHIBIT "B" 'The easterly 20 feet of that portion of SW 79th Avenue (County Road 933, being 40 feet wide) situated in the Northwest quarter, of Section 12, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Watf•iington County, Oregon, as shown on the plat of DURHAM ACRES, a recorded plat of said county's plat records described as follows: Beginning at the point on the centerline of said S.W. 79th Avenue that lies 30 feet, when measured at right angles, from the centerline of S.W. Bonita Road (County Road 736, being 40 feet wide); thence parallel with and 30 feet from the centerline of said S.W. Bonita Road, N 88042'32"W 20 feet to a point on the west right-of--way line of said S.W. 79th Avenue, said point also being on the east boundary of MARA WOODS, a recorded plat of said county's plat records; thence on said west right-of--way line S 0053'37"W, 66.49 feet to a paint on a nontangent 82.39 foot radius curve concave to the northeast; thence leaving said right--of-way and east boundary of MARA WOODS, southeasterly on said 82.39 foot radius curve (the long chord of which bears S 421134'43"E, 6.67 f feet) 6:67 feet to a paint of reverse curvature; theme southeasterly an a 15O foot radius curve concave to the southwest (the lung chord of which bears S32°31'11"E, 64.31 feet) 64.61 fe€t to a point on the east right-of­-way of e said S.W. 79th Avenue; thence on said right-of way N0053'37"E, 124.73 feet to a point that lies 30 feet (when measured at right angles) from the centerline of S.W. Bonita Road; thence 30 feet from and parallel with said centerline N06042'32"W, 20 feet to the point of beginning, containing 3,637 square feet. Basis of Bearing, pian of MARA WOODS htl5940D NC) WIIAA;4V 1s,Ind JON T. F95eCON 222 �a 40 `406,_ o „! WEAVElZ A 110041 WAY . -a- 1* O 42 .y. I. 'is g FASTIII G °ir'� 1" = 100` AROE067 . �l r LOOP 2 600 solo40 900 m N 43 m NN "LOS vi Y 800 N z 064 m €g V [. IOi.i3 %F 8440 700 �. Map For Exhibit " " 45 %00 .05A DESCRIBED AREA 0623 a'.o-�r NITA R °we.Fa®ta 4$ Op/.E8 893E 902 v 330627 too- 5200 5100 300040 �a° �; 1000 38�33'4s`xr 90 0.44. 3 • 2 1 ® E69Af 41 a.e3 b 6 A 67 M AIR, A Cos , ftee P dvi.1 5 ,, 3700 w 3900�'a° 41.1 36W 351}0 �3 7 m y p4� r°11 .9 � 7L r f. 124.47 330.13 2800 1100 , L68 A0. .94 AC. Q of 61 N 62 7 1200 pp 94 AC 3 ' I T Gk 188 AG F1.88 AC �S1 ff t.,