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Ordinance No. 89-11 CITY OF TIGARD, OREGON ORDINANCE NO. 8Sl AN ORDINANCE VACATING A PORTION OF A PUBLIC: UTILITY EASEMENT LOCATED IN LOT 2, TECH CENTER 8US1it_5S NAKK, A KEtavHOLL) GUBDIV'IbION PLAT, lav i nr ��.i r yr a.��11 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, 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 reviewad the vacation proposal and have no objections or, concerns; and WHEREAS, in accordance with URS 271.100, the TMC: 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 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 held a hearing on March 27, 1989, finds the public interest will not be prejudiced by the vacation as provided by QRS 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 2, Tech Center Business Park, because the public interest will not be prejudiced; and WHEREAS, the Council finds that t'ie following condition is 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. ORDINANCE NO. 89— Page 9 Page 1 } - ' THE CITY OF TIGHRD ORDAINS AS FOLLOWS: Section I: The Tigard City Council hereby orders the vacation of tm^t uhlio utility easement, within Lot 2^ Tech Center Business Park. 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 vacation shall not be ePfeotioe 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 3/"t day after its enactment by the city Council and approval by the Mayor. This ordinance shall he effective 30 days after, its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By *----" vote of all Council members present after being read by number and title only, this _�>_7�, day of Catherine Wheatley, Depu y Recorder, APPROVED: This �,, day of4"G �ld Edwar(.Js, May" ^- erald R. Edwards, Mayor, Hpprooed a, to form: ' City Attorney ` Date br/930&D ' ' � ORDINANCE NO. 8 paye 2 ^ , � ^ ` ' t . l . EXHIBIT "A" A portion of Lot 2, Tech Center Buisness Park, a recorded plat, Washington County Plat Records, located in the W. M. Graham D.L.C. No. 39, and the south half of Section 1, Township 2 south, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the northeast corner of said Lot 2 (being 30 feat westerly of the centerline of S.W. 72nd Avenue); thence forth 880 30,24" Went, on the north line of said Lot 2, 319.88 feet; thence South 010 29136" West, 10.0 feet; thence South 880 30.24" East,319.89 feet to the west right-of-way line of S.W. f 72nd Avenue (County Road No. 472); thence North 1® 25141" East, on said west (` right-of-way line, 10.0 feet to the point of beginning. ,T /br REGIST.�E� PROFESSIONAL LAND SURVEYOR o:a���av JANUARY 15.t9@1 022 .r 3101 400 3701 a 3702 1 • .••. r r r • �•1 1 Orr • rrr• r I I r1•/Irr I S.W. CHERRY DRBVE 1 1 1400 1300 500 1700 16W1500 . ,. ST REEZ SW, SANDSBURG 600 ADJOINING LOT 3800 Cf? H 190' UTILITY EASEMENT ::::.. ..::�::v::.... .<•:.....:r 41MI .OT 3 Proposed Utility Easement Vacati®n 3900 N � Tech Center Business Park J DRIVE aloo , �ECI� CEh1'C�R .i �I 4 1100 —N— t i MAP TO ACCOMPANY DESCRIPTION ` l000 a I W 1/4 SE 1/4 SECTION 1 T2S R1W WM 1 � 1"=2001 6M1