Ordinance No. 89-13 t
4
CITY OF TIGARD, OREGON
ORDINANCE NO. 89p,J�!—
AN ORDINANCE VACATING A PUBLIC PEDESTRIAN ACCESS EASEMENT WITHIN COTSWALD
MEADOWS NO. 3, 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, this particular easement was granted for public pedestrian access
purposes and is currently unimproved; and
WHEREAS, the Planning Commission, who originally required the easement with
the approval of the subdivision plat has now recommended removal of the
easement at the request of adjacent property owners; and
WHEREAS, the vacation is also recommended by 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 objections;
and
WHEREAS, in accordance with ORS 271.100, the TMC 15.08.110, the Council fixed a
time and place for the public hearing and the Recorder published notice and
t 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 May 8, 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 pedestrian access easement within
Cotswald Meadows No. 3, because the public interest will not be prejudiced; and
WHEREAS, the Council finds that the following condition is necessary to vacate
said land.
1. The vacation shall not be effective until the effective date of this
ordinance, and a certifier) copy of this ordinance has been recorded with
the Washington County Clerk, Aasessor, and Surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
_Section It The Tigard City Council hereby orders the vacation of that certain
public pedestrian access easement within Cotswald Meadows No. 3, and shown on
the attached Exhibit "A",. and by this reference made part hereof.
` _Section 2s2s The Tigard City Council further orders than: the vacation be subject
to the following conditions:
ORDINANCE NO. 89-- 8
f 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# Asuessor, and Surveyor.
Section 3: 2n 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 U N a W17/00 U 5 vote of all Council members present after
being read by zaumber and title only, this 'n day of` jaAj--,
1989.
Catherine 6Iheatley, Deputy Reco er
AP;a1d
D. hi day of ` / , 1989.
'R. Edwards, Mayor
Approved as to forme
s
Cit§ Attorney Dates
br/Cotswald.rsc
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3 ORDINANCE NO. 89—_
Page
EXHIBIT "A"
A fifteen foot wide strip of land located in the northwest quarter• of Section
4 Township 2 South Range 1 West, Willamette Meridian, City of Tigard,
wasIrl1�1gton. Cour -y� Oregon beina described as follows:
Beginning at the southwest corner of Lot 108, Cotswald Meadows No. 3, a
recorded plat, Washington County plat Records; thence North 010 34' 57" East,
on the west line of said Lot 108, 8.95 feet; thence North 580 31' 17" East,
x.06.76 feet to the right—of—way line of S,W. Crist Ct. ; thence, on said
right--of--way line, southeasterly, on a nontangent, 50 foot radius cul'.e
concave to the northeast (the chord bears South 310 28' 43" East, 15.00 feet),
15.06 feet; thence South 580 31' 17" West, 116.53 feet to the west line of Lot
107, said Cotswald Meadows No. 3; thence North 0111 34' 57" East, on said west
line, 8.95 feet to the point of beginning.
of/9329D
PROF SIONAL
LAN® I URVEYOR
MAP TO ACCOMPANY DESGRiPTION
WITHIN THE ISE 1/4 NW 1/4 SECTION 4 T2C R1W
-N-
1"=100'
8700 €i800 8900
8600
( I `�°
2700
PROPOSED VACATION l.U��O$�. 2400
155° PEDESTRIAN PATHLu
25500
2600
- to7
OEM
ON CT r
WESTBURY