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Ordinance No. 90-13 CITY OF TIGARD, OREGON ORDINANCE NO. 90-L AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WRY LOCATED ON A PORTION OF S.W. LOCUST STREET, 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 on March 12, 1990; and WHEREAS, the reason and purpose for this vacation is to eliminate a certain portion of public street right-of-way in exchange for the dedication of new street right-of-way to accommodate the new alignment of S.W. Locust street; 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 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 15.08.110, the Council fixed a time and pla!:a 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, 1990 and May 14, 1990, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 anis 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 portion of public street right-of-way for S.W. Locust Street because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said lands 1. Weston Investment Company and the City of Tigard shall comply with the June 22, 1989 agreement between Weston and the City. Weston will convey to the City, by dedication dead on a form acceptable to the City, the property required for the realignment of S.W. Locust Street as described in Exhibit "B". 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 1 ORDINANCE NO. 90-1 I Page 1 the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of public street right-of-way, as described on the attached Exhibit "A" and Exhibit "C" (map), and by this reference made part hereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: Wanton Investment Company and the City of Tigard shall comply with the June 22, 1989 agreement between Weston and the City. Weston will convey to the City, by dedication deed on a form acceptable to the City, the property required for the realignment of S.W. Locust Street as described in Exhibit "B" and Exhibit "C" (map). SECTION 3: 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 4: 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 ��/?Cr%'7if')?�;cr5 vote of the Council members present after being read by number and title only, this /��` � day r of 1990.61 Catherine:Whpatley, City Recordegf tt�1 ,,- ,✓�. APPROVED: This day off raid R. idwards, Mayor App owed as to fort': 7 Ci y Attorney cv Date LOCUST.ORD/kl 1 ORDINANCE NO. 90- J Page 2 Westlake Consultants Inc. Hilltop Business Center 7340 S.W. Hunziker, Suite 204 Tigard, Oregon 972Q3 503-684-0652 Rkl i ` Locust Street Vacation EXHIBIT A Project No. 451-02-89 March 29, 1989 LEGAL DESCRIPTION A tract of land situated in the N.E. 1/4, Section 35, T.1S. , R.1W. 1 'IF .-I City of Tigard, Washington County, Ore on, being more parti- cularly described as follows: f.. All that portion of S.W. Locust Street dedicated as public way by the subdivision plat of "Lehmann Acre Tract", "Town of Metzger", and by dedication deed as recorded June 6, 1972, in Book 870 , Page 594, Washington County deed records, lying easterly of the west line of Lot 5, "Ma.rlo Tracts", a duly recorded subdivision plat; lying westerly of the west line of vacation ordinances recorded in Book 964, Page 269 and Book 883, Page 102, Washington County deed records; and lying northerly of the following described line: Beginning at a point on the north line of the duly recorded subdivi- sion plat of "Town of Metzger" in the N.E. 1/4, Section 35, T.1S. , R.1Wo, W.M., said point also bears North 0°26`00 " West, 30 .00 feet from the northeast corner of Lot 3, Block 3 of said "Town of Metzger"; thence, South 89034100" West, along the north line of said "Town of Metzger", 29.39 feet; thence, at right angles to said north line, ' North 0026100 " West, 30.00 feet to a point of curvature and the true ! point=. -of beginning; thence following the arc of a 445.00 toot radius curve to the right (the long chord of which nears South 77040154" East, 196.44 feet) through a central angle of 25030 '11", a distance of 198.07 feet to a point of tangency, thence, South 64055149" East, 14 73.08 feet to a point of curvature, thence, following the arc of a 385.00 foot radius curve to the left (the long chord of which bears South 77036140 " East, 169.03 feet) through a central angle of 25021141", a distance of 170 .42 feet to the terminus of said linea rEG153EAtD Contains.: 2,680 sq. ft. rROFESSIGNA! YOR f .4,4� 1 to _KY -- -- ENf;6NEEFilttlG / SR�ErY —� U ING / rl_AE`.IN4P,SG Westlake Consultants Inc. Hilltop Business Center 7340 S.W. Hunziker, Suite 904 Tigard, Oregon 9728 503-684-0652 Locust Street Dedication Tax Lot. 700 , 181 35AA EXHIBIT Project No. 451-02-89 March 29, 1989 LEGAL DESCRIPTION A tract of land situated in the N.E. 1/4, Section 35, T.1S. , R.1W. , W.M., City of Tigard, Washington County, Oregon, being more parti- cularly described as follows: All that portion of that tract of land, as described in conveyance to Weston Investment Co., recorded in Fee No. 83-33175, Washington county deed records, lying northerly of the northerly line of that strip of land dedicated as public way, recorded June 6, 1972, in Book 870 , *gage 592, Washington County deed records, and southerly of the following described line: Beginning at a point on the north line of the duly recorded subdivi- sion plat of "Town of Metzger" in the N.E. 1/4, - Section 35, T.lS. , R.1W., W.M. , said point also bears North 0026100 " West, 30.00 feet from the northeast corner of Lot 3, Block 3 of said "Town of Metzger"; thence, South 89034100 " West, along the north line of said "Town of Metzger", 29.39 feet; thence, at right angles to said north line, North 0'026100 " West, 30 .00 feet to a point of curvature and the true point of beginning; thence following the arc of a 445.00 foot radius curve to the right (the long chord of which bears South 77040154" East, 196.44 feet) through a central angle of 251130 '11", a distance of 198.07 feet to a point of tangency; thence, South 64055149" East, 73.08 feet to a point of curvature; thence, following the arc of a 385.00 foot radius curve to the left (the long chord of which bears South 77036140 " East, 169.03 feet) through a central angle of 25021141", a distance of 170.42 feet to the terminus of said linea REGISTERED Contains: 2,000 sq. ft. PROFESSIONAL LAND SURVEYOR d OREGON lg1Y 13. 19J9 6IONARD SCME4£K'Y 1.. tB�bt i ENGINEERING 1 SURVEYING / PLANNING F ` S 90TH AVE. f p d � � Q Q 0 W _ N A Sw 90TH AVE.' (D Vd CJ O 10 r9° N O OD W a C o 0 m Cb O m O Z :. Z , M 0 m co m 'alp o JEFFERSON ZM fx 0 � Az O � �4 W Q o CL CL 0. W Sw 87TH AVE, 0ID � 0 A w ca �, 0 0 tst 0 aa J S Sw HALL BLVD.