Loading...
Ordinance No. 90-10 CITY OF TIGARD, OREGON ORDINANCE NO. 90•-Ja AN ORDINANCE VACATING A PUBLIC PEDESTRIAN EASEMENT LOCATED BETWEEN LOTS 122 AND 123 OF MORNING HILL NO. 6, III 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 on March 12, 1990; and WHEREAS, the reason and purpose for this vacation is to eliminate a certain public pedestrian easement at the request of the abutting property owners; and WHEREAS, the vacat;.on is recommended by the Planning commission and the Community Development Department 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 concerns; and WHEREAS, in accordance with ORS 271.100, the TMC 151.08.110, 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 April 23, !990, 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 easement, within Morning Hill No. 6, because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said easement: 1. The existing public utility easement that lies within the same area between Lots 122 and 123 of Morning Hill No. 6, shall remain in effect. 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. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION l.- The Tigard City Council hereby orders the vacation of that certain public pedestrian easement, as described on the attached Exhibit "A" and illustrated on the attached Exhibit "B", and by ORDINANCE NO. 90-JQ 1 this reference made part hereof. SECTION 2s The Tigard City Council further orders that the vacation be subject to the following conditions The existing public utility easement that lies within the same area between Lots 122 and 123 of Morning,. Hill No. 6, shall remain in effect. SECTION 3s In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council, approval by the Mayor, and after a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. SECTION 3s 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 Uf)d n i i ol'15 vote of the Council members present after beinQ read by number and title only, think day of L��1�J7( ( , 1990. F.<- _ Cat Brine Wheatley, City Reco er APPROVED• �J� , i w This day of 2-f , 1990 C=e old R. wa CT , Mayor A �ved asJto f s .J C ty torn Date` Mc@NII .ORB/kl ORDINANCE NO. 90-9V Page 2 s 6 V Exhibit "A" I i A fifteen foot wide strip of land located in the northeast quarter of Section 4, Township .2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon being described as follows: The southerly five feet of lot 123, Morning Hill No. b, a recorded. plat, Washington County Plat records, together .with the northerly ten feet of. lot 122, said Morning bill No. &. • f i i ' s p MISTERED PROFESSIONAL LAND SURVEYOR L: OREGO JANUARY 4.1"7 .SON T.FEIGION 1 I , = .• r a C '1 ALS .COv 000n113Q_ it �,7 - m � 1�f � `�� �/�� \ ` e•1,. r 2YY f ti 1R < 'll'ot 'vv'sawt s h s t S.W. 131ST AVENUE l : •rte 1 .. L was - . .00 ti yl if -1 rE;��•- .I .f r � _ � Ste} o, Y n { f, ♦ v 3 �. 5 r n G¢ F cr In 1lit - 1 .,,,.. YY r ,. • S.W.M- 132110 COURT� xzz- Jim <,/� msµ]�{• t la'ea ke ^z `+� ✓`�^��•��.N i``°`a' _� E- ilk It 31. Ic TT-ST 3.2s,9f:.Te N _—. « 1 HZ�Y•M N map � « .. 7i}2 t