Ordinance No. 90-40 CITY OF TIGARD, OREGON
ORDINANCE NO. 90- 410
AN ORDINANCE VACATING A PORTION OF THE SW 74TH AVENUE RIGHT-OF-WAY
LOCATED SOUTH OF SW CHERRY DRIVE, 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, the purpose of this vacation is to vacate an unimproved portion of SW 74th Avenue that
is not needed for vehicular access; and
WHEREAS, the abutting property owners, Wayne and Joyce Jolly, support the vacation; 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 place
for the public hearing and the Recorder published notice and posted notice in the area to be vacated;
and
AREAS, 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 hearings on August 27, 1990, October 8, 1990, and December 10,
1990 funds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and
TMC 15.08.130; and
WHEREAS, the Council finds it is in the public interest to approve the request to vacate the
unimproved portion of SW 74th Avenue located south of SW Cherry Drive; and
WHEREAS, the Council finds that the following conditions are necessary to vacate said land.
1. The applicant shall provide a 50 foot wide public utility easement. The easement shall be
approved by the Engineering Department and the City Attorney and recorded with Washington
County.
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.
ORDINANCE NO. 90-40
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of the unimproved portion of SW
74th Avenue located south of SW Cherry Drive, as shown on the attached "Exhibit A" and
described on the attached "Exhibit W, and by this reference made part hereof.
SECTION 2: The Tigard City Council further orders that the vacation be subject to the following
condition:
1. Prior to being recorded, a 50 foot wide nonexclusive public utility easement shall
be dedicated for the area occupied by the public street right-of-way to be vacated
2. Use of the area subject to the 50 foot wide nonexclusive public utility easement
shall be limited. No building or structure shall be located in the easement area
No fence, wall, pavement, playground equipment or other immovable object or
fixture shall be located in the easement area until after the public utilities have
I been installed. No trees, shrubs, bushes, plants or other landscaping shall be
permitted in the easement area until after the public utilities have been installed.
Ground cover such as turf, grass or barkdust is permitted at all times. These
restrictions shall be added to the public utility easement.
SECTION 3: This ordinance be effective on 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 U I A n l mDUS vote of the Council members present after being read by number and title
only, this day of c embe 2, 1990.
C2. e.,'t t t'l Q —104[zLzi
Brine Wheatley, City Recd r
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APPROVED: This IQMday of L�CPrnb�'L, 1990. f
[, �'6 G/
-'Gerald F,,dwards, Mayor
74VAC.ORD/kl
ORDINANCE NO. 90-
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u. EXHIBIT "B"
That portion of land in Section 1, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon, being more
particularly described as fallows:
Beginning at the initial point of Rolling Hills - Plat 2,
recorded in Book 21, on Page 46, in said County's Plat Records;
running thence South 88° 48' East a distance of 50.0 feet; thence
North 01° 06' East a distance of 180.0 feet; thence North 880 48'
West a distance of 50 .0 feet; thence South 010 06, West a distance
of 180.0 feet to the point of beginning of this description,
containing 9000 square feet of area.
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