Ordinance No. 89-03 CITY OF TIGFRG), OREGON
ORDINANCE NO. 89-63
AN ORDINANCE VACATl.1uC; AN UN.i:MPROVEO PUBLIC ACCESS EASEMENT, ALSO KNOWN AS A
PORTION OF SW 81ST AVENUE, LOCA'T'ED IN THE SOUTHWEST QUARTER OF SECTION 12,
TOWNSHIP ? SOUTH, :ZAAie r t WF `r, W.M. , IN THE CITY OF "FIGARD, 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 eliminate certain
public access easements for development purposes; and
WHEREAS, all adjoining properties are provided direct access to public streets
without the above--described access easement; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; and
WHEREAS, all affected service providers including utility companies and
emergency services have reviewed the vacation proposal and have no objection }
thereto; and
WHEREAS, in accordance with ORS 2.71.100, 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 ;
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WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described by ORS 271.080; and e
7
,
WHEREAS, the Council having held a hearing on February 13, 1989, finds the f-
public interest will not be prejudiced by the vacation as provided by
ORS 271.120 and TMC Section 15.08.130; and
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WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate said public access easement, also known as SW 81st Avenue
because the public interest will not be prejudiced; and
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WHEREAS, the Council finds that the following conditions are 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' TIGAR') ORDAINS AS FOLLOWS: t
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Section 1: the Tigard City council hereby orders the vacation of that
unimproved public access easement, also known as SW 81st Avenue, as described
and shown on the attached Exhibit "A", and by this reference made part hereof. f
ORDINANCE NO. 89 03
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Page 1
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Section 2: The Tigard City Council further orders that the vacation be
subject to the following conditions:
1. The vacation shall not be effective until the effective date of this
ordinance, anc` a certified copy of this ordinance 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 approval, by the Mayor.
PASSED: By I;/l(A n i M OUS vote of all Council members present after
being read by number and title only, this �'2r�' day of
1989. J
C herine Wheatley, pepc:ty ucecorder
r
a_.. 1989
nr�noncie-UF-U. I iia .L_ y da 0, ....c w� t.U-
Corald Edwards, Mayor
Approved as to form:
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Page 2
EU IT "A"
A forty foot wide strip of land located in the scutImefft gorter of Section 12,
hi3p 2 South, Rwxp 1 Wim, Willmette Y&vidian, City of Timed,
Washington Cmvty, Oregon, dw4wibed in Book 240, Page 651, said comiLy Deed
recatds and mome particularly as follows:
at the southWest camer of said Section 12; thence North, on the west
Line thereof, 1196.3 feet to the of that patmel conveyed to
Wiz, Mazy, and Genvieve Sattler; in Book 259, Page 549, said c mzty Dead
Be 56' lit 01, the south line of said Sattle pa 1.
955.3 feet to the UM POIM GP 1 G,- thmm -W-.at, parallel with the west
Lim of said SwUm 127 the north
, y 93 feet to lime of said
Sittlw i , thmm East, on said ,ncxth line, 40 feet; these South,
paralell with said wit section Lim, approdrmtely 793 feet, to the south
Lim of mid Sattler ; 89056' , on said south, 40
feet to the o l ,.coxrta ina� avvwximateay e.72r
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