Ordinance No. 89-04 CITY OF TIGARD, OREGON
ORDINANCE NO, 89-- D
AN ORDINANCE VACATING A PUBLIC ACCESS L.ASE:MENT, AL:;O KNOWN AS SU DORQURN
PLACE, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH,
RANGE 1 WEST, W.M. , 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
WHEREAS, the reason and purpose for• this vacation is to eliminate a certain
public access easement for development purposes; and
WHEREAS, all abutting property owners have demonstrated support for the
proposed vacation; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; and
WHEREAS, ail affected service providers including utility companies and
emergency services have reviewed t:ho vacation proposal and only General
Telephone Co. is requesting special considerations as reflected in the
approval conditions below; and t'
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• t
published notice 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 by ORS 271.080; and s
t
WHEREAS,- the Council having held a hearing on February 13, 1989, finds the
public interest will not be prejudiced by the vacation as provided by
ORS 271.120 and TNTC Section 15.08.130; and
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WHEREAS, the Council finds that it is in the public interest to a�.prove the
r•equsst to vacate the public access easement, also known as SW Dor•burn Place
because the public interest; will not be prejudiced; and s
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land:
1. The applicant of the v&cation shall provide the Engineering Division with
written notice and/or assurances from General Telephone Co. that all of
their affected services will be relocated as required.
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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.
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THE CITY OF TIGARD ORDAIN", AS FOLLOWS:
Section 1: The Tigard city Council hereby orders the vacation of that certain
public access easement, also known as SW Dorburn Place, and shown on the
attached Exhibit "A", and by this reference made part hereof.
Section 2: The Tigard City Council further orders that the vacation be
subject to the following conditions:
1. The applicant of the vacation shall provide the Engineering Division with
written notice and/or- assurances from General Telephone Co. that all of
their affected services will be relocated as required.
2. 'The vacation shall riot be effective until the effective date of th;.
ordinance, and a certified copy of this ordinance has been recorded with
the Washington County Clerk, Assessor, znd Surveyor.
Section 3: In no situation shall this Or•e.inance be effective until the 31st
day after its enactment by the City Council and approval by the Mayor.
PASSED: By V I)C F1 j►'1 i i>i(' M_ vote of al! Council members present after
being read by number and title only, this 1 �_ day of -E-41 tt rN
1909. 1�
Catherine Wheatley, Deputy RE(ce,rder
I
APPROVED: This L3 day of �'W'aaLL 1989.
I ✓ Gerald Edwards, Mayor ;
A proved as to form:
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sj/8941Q
ORDINANCE NO, 89—
Page 2
F.I IT "A"
A tam+. of land located in the southwest quarter of Section 12, Tm=3hip 2
South, pjnge 1 test, willenette Maridian, City of Tigard, Washington Carty,
oregon being described as follows:
Begiming at the stxa of said section 12; .thence 00°03°30"
aL � .aQrc,
East on the 6 les of s 12, 1196.w feet;
ww ..v
East, 359.0 feet to the nwthweSt cY>£r of Haat parcel described in Book 514,
page 82 was ington Cmmty Deed Records, and the TM POW OF BMMMG,* theme
North 89° 56" East, cam► the north line of said described parcel, and its
easuarky ottweralemn, 402e95 fit to the t car of a 25 fact strip of
land reserved.fbw rcad purposw and described in took 705, Page 376, Wigton
pmo theme South 00030,30- West 25.0 feet; theme South 890
56, West, 403.19 fest to the wst line of that parcel described in said Book
514., -Voge 82, Wash _ Dead Records; tbence North Or 03°30" East, an
said west.. line,, 25.0 feet to the l0ItV OF , containing
+ y' 0.231 acs.
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` MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council February 6, 1989
FROM: Cathy Wheatley, Deputy Recorder
SUBJECT: Public Hearing Packet Information for the
Proposed 81st Avenue and Dorburn Place Public
Access Easement Vacations
Please see the previous agenda item (No. 7) for the staff report concerning
the proposed S.W. Dorburn Place Public Access Easement Vacation. Staff combined
the report for both vacation proposals; however, each one must be heard
separately.
The proposed ordinance for the S.W. Dorburn Place vacation is attached.
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Attachment