Ordinance No. 89-10_._ C:ITY (Jt' IlhHnli, viii:uvu
ORDINANCE NO,
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT LOCATED IN LOT 62, SWANSON'S
GLEN, A RECORDED SUBDIVISION 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
WHEREAS, the reason and purpose for this vacation is to eliminate a certain
public utility 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 subject to certain conditions as listed
below; and
WHEREAS, all affected service providers including utility companies and
emergency services have reviewed the vacation proposal and have no objections
or conccrnr; anal
WHEREAS, in accordance with ORS 271.100, the TMC 15.08,110, the Council fixed
a time end place for the public hearing and the 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
area and all owners in the affected area, as described by ORS 271.080; and
WHEREAS, the Council having hold a hearing on March 27, 1989, 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 it is in the public interest to approve the
request to vacate that certain public utility easement, within Lot 62,
Swanson's Glen, because the public interest will not be prejudiced; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said .land:
1. The applicant shall submit with the building permit application an
agreement on a form provided by the City, that provides the City with a
10' wide access way from C .W. Titan Lane to the public storm drain
outfall at the northwest corner of the lot. The agreement shall be
recorded before an Occupancy Permit is issued.
ORDINANCE NO. 89--12-
Page 1
2. The vacation shall not be effective until the effective date of this
ur'uitmifi..J:,
zzn, a rar•t ifiod copy of this ordinance has been recorded
with the Washington Country Clerk, Assessor, and Surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS: — ---
Section 1: The Tigard City Council hereby orders the vacation of that
certain public utility easement, within Lot 62, Swanson's Glen, and shown on
the attached Exhibit "A", and by this reference made part hereof.
Section 2: fhe Tigard City council further orders ihiai, Use uc,iatlon IDG
subject to the following conditions:
1. The applicant- shall submit with the building permit application an
agreement on a form provided by the City, that provides the City with a
10' wide access way from S.W. Titan lane to the public storm drain
outfall at the northwest corner of the lot. The agreement: shall be
recorded before an Occupancy Permit is issued.
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: In no situation shall this ordinance be effective until the
31st day after its enactment by the city Council. and approval by the Mayor.
This ordinance shall be effective 30 days after its passage by the Council,
approval by the Mayor, and posting by the City Recorder-,
PASSED: By Uilfivl1 P,_VUS � vote of all Council members present
after being read bv, number and title only, this Q-71-"' _ day
/ 1FiWnc �tJ � �� __
Ca,herine Wheatley, Deuty Recorder
APPROVED: ThisQ7�`'._ day of 1G�"l 15�.
Gerald R Edwards, Mayor
Approved as to form:
City Attorney
.Date
br•19307D
ORDINANCE NO. 89— �Q
Page 2
EXHIBIT "A"
A portion of Lot 62, Swanson•s Glen No. 2, a recorded plat, Washington County
Plat Records, located in the northwest quarter of Section 14, Township 1 South,
Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon,
described as follows:
- Beginning at the southwest corner of said Lot 62; thence North: 890 47141" Eaut,
on the south line of said Lot 62, 10.0 feet; thence North 00' 12,19" West, 80
feet; thence South 890 47' 41" West, 10.0 feet to the west line of said. Lot 62;
t thence South 000 12,19" East, 80.0 feet to the point of beginning.
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