Ordinance No. 90-27 CITY OF TIGARD, OREGON
ORDINANCE NO. 90-21
AN ORDINANCE VACATING A PORTION OF A STORM SEWER EASEMENT LOCATED ON LOT 7 OF
THE AUX DOWNS SUBDIVISION IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 15.08.090 of the Tigard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to eliminate a portion of
the existing easement that does not coincide with the actual location of the
storm sewer; and
WHEREAS, all abutting property owners have been notified of the proposed
vacation and none have objected; 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 ARS 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 baen mailed to all property owners abutting said vacation
area and all owners in the affected area, as described by ORS 271.080; and
WHEREAS, all abutting property owners have demonstrated support for the
proposed vacation; and
WHEREAS, the Council having held hearings on August 13, 1990 and September 17,
1990, 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 the storm sewer easement because the public interest will
not be prejudiced; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land:
1. The applicant shall provide a storm sewer easement that is consistent
with the actual location of the storm sewer. The easement shall be
recorded with Washington County before an Occupancy Permit is issued.
i ORDINANCE NO. 90--22
Page 1
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 1 The Tigard City Council hereby orders the vacation of the storm
sewer easement on Lot i in the Aum Downs subdivision, as shown on
the attached "Exhibit AN and described on the attached "Exhibit H",
and by this reference made part there of.
SECTION 2: The Tigard City Council further orders that the vacation be subject
to the following condition:
1. The applicant shall submit, with the occupancy permit
application, evidence that a storm sewer easement that is
consistent with the actual locatio of the storm sewer has been
recorded with Washington County.
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.
PASSED: By 0 0 r?%'"Y1vu-s vote of the Council members present after being
read by number and title only, this day of
1990.
Catherine Wheatley, City Recorder
APPROVED: This fJ day of 10,1
' Gerald R. wards, Mayor
Appro ed as to form:�
Ci torney Date
ORDINANCE NO. 90-
Page 2 _
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VACATED BY CITY.
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PREPARED FOR
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PROPERTX DESCRIPTION: POWTXON OF LOT 7 "AUH DOWNS"
FOR: MARIJAN BOSNAR DATE: 06/22/90
LOCATION: S.W. LOCUST, TIGARD JOB NUMBER: 8905014
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FOR INDENTIFICATION PURPOSES ONLY-.VACATION DESC. (STORM)
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FOR USE ON LEGAL INSTRUMENT
A PORTION OF LOT. 7 "AUM DOWNS", A DULY RECORDED SUBDIVISION
1N THE NORTHEAST QUARTER R OF SACTION 36, TIS R1W,' ##M.r
WASHINGTON COUNTY, OREGON, SAID PORTION BEING MORE PARTICU-
LARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF A STORM SEWER
EASEMENT' u7HICH POINT BEARS SOUTH 00°10121" WEST 133.06 FEET
AND NORTH. 89®5.9°16" WEST 10.09 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 7 AND' RUNNING THENCE ALONG THE BOUNDARY
OF SAID STORM SEWER EASEMENT NORTH 89059116°' WEST 21.801 FEET
AND SOUTH 00600144" WEST 51.07 FEET; THENCE SOUTH 89059'16"
EAST 16.29 FEET; THENCE NORTH 06010152" EAST 571.37 FEET TO
THE POINT OF BEGINNING.
CONTAINING 973 SQUARE FEET MORE OR LESS.
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Subdivisions • Planning • Design • L.o.D.s ® Surveying • Mapping