Ordinance No. 89-19 ` CITY OF TIGARD, ORESON
ORDINANCE NO. 89-lg_
AN ORDINANCE VACATING A POR'T'ION OF SW 93RD AVENUE, AND A PORTION OF SW
KU EAF STREET, BCYIH LOCATED IN A RECORDED PLAT CALLED "TOWN OF MWER", IN
THE CITY OF TIGARD, WAS MMON CX=71Y, ORBG0N.
M1 RFAS, the Tigard City Council initiated this vacation after accepting a
completed vacation petition from by the Trammell Crow CoTrpany; and
WHEREAS, the reason and purpose for this vacation is to eliminate portions of
the SW 93rd Avenue and SW Mapleleaf Street rights-of-way and return control of
the property to adjoining owners; and
WHEREAS, returning said control to adjoining owners will facilitate the
development of the Lincoln V office building and parking garage project; and
WHEREAS, SW 93rd Avenue will be realigned easterly of it's present location as
part of the Lincoln V project; and
WHEREAS, the original area to be vacated has been slightly reduced to provide
for said realignment, said reduced area is reflected in the attached Exhibit
"All;. and
WHEREAS, the vacation is recommended by the Planning commission and the
Department of Cm mmity Development subject to certain conditions as stated
Al blow; and
VIDMEA.S, all affected service providers including utility companies and
emergency services have revieteed the vacation proposal and have no objections;
and
MMMS, the Trammell Crow Company has made satisfactory arrangements with each
provider for the relocation of existing utilities or the retaining of easements
for existing utilities; and
WHEREAS, the Council having held a hearirq on July 10,1989, finds the public
inbsrest will not be prejudiced by the vacation as provided by ORS 271.120 and
4C Section 15.08.130; and
WMMS, the Council finds that it is in the public interest to approve the
request to vacate portions of SW 93rd Avenue and SW Mapleleaf Street, because
the public interest will not be prejudiced; and
ORDINAINCM NO. 89-
Page 1
WHEREAS, the council finds that the followujg conditions are necessary to
vacate said land:
1. That the Trammell Crow C mpany shall dedicate a 60 foot wide riot-of-
way from the existing southern terminus of SW 93rd Avenue to where it
aligns with the existing SW 92nd Avenue right-of-way with a minim= 350
foot centerline radius curve.
2. That a 15 foot wide public utility easement remain over a portion of the
area to be vacated to accommodate existing utilities including sanitary
sewer. Said easement is described in Exhibit "B".
3. 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.
4. The vacation shall not be recorded with the Washington County Clerk,
Assessor and Surveyor until the Land Use Board of Appeals (CUBA) issue
has been resolved. (Reference: LUBA, Notice of Intent to Appeal, Gene
Davis, Petitioner vs. City of Tigard, Respondent.)
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section -z. The Tigard City Council hereby orders the vacation of those
certain portions of SW 93rd Avenue and SW 14apleleaf Street, 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 csorx tions:
1. That the Trammell Crow Carpany shall dedicate a 60 foot wide right-of-
way from the existing southern termini s of SW 93rd Avenue to where it
aligns with the exiting SW 92nd Avenue right-of-way with a minixmm 350
foot centerline radius curve.
2. That a 15 foot wide public utility easement remain over a portion of the
area to be vacated to acdate existing utilities including sanitary
sewer. Said easement is described in Exhibit "B":, and by this
reference made part hereof.
3. 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 CX=nty Clerk, Assessor, and Surveyor.
4. The vacation fhall not be recorded with the Washington County Clerk,
Assessor and Surveyor until the Lad Use Board of Appeals (CUBA) issue
has bsen resolve.. (Reference: LUBA, Notice of Intent to Pel, Gene
Davis, Petitioner vs. City of Tigard, Respondent.)
4.
ORDII IUCE NO. 89-
Pacge 2
it is necessary that the improvements proposed by the
S€ ion 3• mas=h as C y lete the
applicant-be corictructed with the least ssible dela an etc��Y � hereby
w meats during the current construction season, ately upon
declared to exist, and this ordinance shall became effective irmt�edi
passage and approval by the Council.
vote of all Council manbers present after
U YLLiX11 YY1yU5 on the 1 Y -- {
PASSED: being read by nnber and title only, �' da of
1989.
,..LU
f-tahe�rineWheatleYr
'Phis !b y of —, 1989.
fG�xald R. , Y®r
APPROVED AS ID F004:
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0PDn9NCE 1O. 89-jq
page 3
EXHIBIT "A"
A parcel of land in the northeast one-quarter of Section 35, T.1S. ,
R.1W. , W.M. , Washington County, Oregon, said parcel being more
particularly described as follows:
Beginning at the northwest corner of Block 7, "Town of Metzger" ;
thence southerly along the westerly line of said Block 7, 300 feet
to the southwest corner of said Block 7, which point is on the
northerly line of County Road No. 1508; thence easterly along the
southerly line of said Block 7 and northerly line of said County
Road No. 1508, 200 feet to the southeast corner of said Block 7, f
which point is the southwest corner of County Road No. 1698; thence
southerly, 50 feet to the northeast corner of Block 16, "Town of
Metzger", which point is on the southerly line of said County Road
No. 1508; thence westerly along the northerly line of said Block '
16 and southerly line of said County Road No. 1508, 200 feet to the
northwest corner of said Block 16; thence southerly along the
westerly line and westerly line extended of said Block 16, 315.7
feet to the southerly line of the plat of said "Town of Metzger";
thence westerly along said southerly line, 55 feet to a point 5
feet westerly of, when measured at right angles to, the easterly
line of Block 15, "Town of Metzger" extended southerly; thence
northerly along a line 5 feet westerly of, when measured at right
angles to, the easterly lines of Blocks 15 and 8, "Town of
Metzger", 665.7 feet to the northerly line of said Block 8; thence
easterly along said northerly line and northerly line extended, 55
feet to the Point of Beginning.
Excepting therefrom any portion of the following described strip
of land which falls within the limits of S.W. 93rd Avenue and S.W.
Mapleleaf Street:
A strip of land, 60.00 feet wide, in the northeast one-quarter of
Section 35, T.1S. , R.lW. , W.M. , Washington County, Oregon, the
westerly line of said strip being more particularly described as
follows:
Beginning at the northeast corner of Block 7, "Town of Metzger"; _
thence 5.00°32104"E. along the easterly line of said Block 7,
119.68 feet to the point of curve right of a 320.00 foot radius
curve; tnence along the arc of said curve right through a central
angle of 46°2210111, 258.96 feet (chord bears 5.22°3815611W. , 251.95
feet) to the point of curve left of a 487.28 foot radius curve;
thence along the arc of said curve left through a central angle of
46'26 e 16", 3944.94 feet (chord bears S.22°36°49"W. , 384.22 feet) to
a point on the most easterly east line of that parcel recorded as
Fee Number 87063789 on December 31, 1987, Washington County Deed
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Records; thence 5.00°36'1911E. along said most easterly east line
and said most easterly east line extended southerly, 256.12 feet
to the northerly line of S.W. Oak Street, County Road No. 823, and
the terminus of this strip.
The easterly line of this strip shall be 60.00 feet easterly of,
when measured at right angles to, the above described westerly
line;
The sidelines of this strip shall be lengthened or shortened as
required to meet the northerly lines of Blocks 6 and 7, "Town of
Metzger" and the northerly line of S.W. Oak Street, County Road
No. 823.
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EXHIBIT "B"
A fifteen foot wide stripof land located in the Northeast quarter of Section .
35, Township 1 South, Mange 1 West, Willamette Meridian, City of Tigard,
Washington County, Oregon, being described as follows:
Beginning at the southeast corner of Lot 10, Block 7, Town of Metzger, a
recorded plat, Washington Counter Plat Records; thence South, on the southerly
extension of the east line of said Block 7, 17.50 feet to the True Point of
Betrinnina; thence South 890 30, West, parallel with and 17.5 feet from the
south line of said Block 7, 255.0 feet to the west right-of-way line of S.W.
93rd Avenuep thence South, on said right-of-way line, 15.0 feet; thence North
890 30, Bast, 255.0 feet to the southerly extension of the east line of said
Block 7; thence North, on said southerly extension, 15.0 feet to the True Point
of Beginning, containing approximately 3825 square feet.
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DEDICATED rOR RE—ALIGNMENT
OF 93RD AVENUE
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MAP TO ACCOMPANY DESCRIPTION ,
WITHIN THE NW 1/4 NE 1/4 SECTION 35 T1SR1W