Ordinance No. 91-18 ■
CITY OF TIGARD, OREGON
ORDINANCE NO. 91- 12
AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW 90TH AVENUE
LOCATED NORTH OF SW NORTH DAKOTA STREET, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
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WHEREAS, the Tigard City Council initiated this vacation request on
a May 21, 1991 it accordance with Section 15.08.040 of the Tigard
Municipal Code; and
WHEREAS, this portion of S.W. 90th Avenue is a dedicated public
right-of-way, giving the public rights over the land for street and
utility improvements; and
WHEREAS, the purpose of this vacation is to vacate an unimproved
portion SW 90th Avenue that is no longer needed because access is
available to all abutting properties; and
VNinA;, the Property owners Charlotte and Daniel Cook and Charles
Hing support the vacation; and
WHEREAS, Portland General Electric requests an overhead easement
for the existing pole and anchor presently in the right of way: and
WHEREAS, all other affected service providers, including utility
companies and emergency services, have reviewed the vacation
Proposal and have no objections to it; and
WHEREAS, in accordance with ORB 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
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 July 9, 1991 finds
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 90th Avenue
located north of the intersection of SW 90th Avenue and SW North
Dakota Street.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ORDINANCE NO. 91- _
PAGE 1
Y
1
SECTION 1: The Tigard City Council hereby orders the vacation
of the unimproved portion of SW 90th Avenue located
f' north of the intersection of SW 90th Avenue and SW
North Dakota Street, as described on the attached
"Exhibit A" and shown on the attached "Exhibit B",
and by reference made part hereof.
SECTION 2: The Tigard City Council further orders that the
vacation by subject to the followingcondi ion:
an d can�CV-�rowYA
1. The applicants shall bo-' responsible for
ecX4,1-vne1%,f-
providing an overhead easement for the Q
existing pole ands s7ichor presently in the � j
right of way. ,_..--�' /
10 YL
SECTION 3: This ordinance shall be effective on the 31stday 6
m¢nded
after enactment by the City Council, approval by ta.�
the Mayor, and after a certified copy has been b wnc�
recorded with the Washington County Clerk, /gr _
Assessor, and Surveyor. l
PASSED: By U f1QLVV t(M0(kS vote of the Council members present
after, being read by number and title only, this 11J&2 day
of A, 1991.
Catherine Wheately, City Recor r
r r N,,
APPROVED: This day of r _, 1991. '
�;:-'"Gera R': Edwards, Mayor
}
A oved as
/ Da t
ORDINANCE NO. 91- ` D PAGE 2
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EXHIBIT "A"
A tract of land located in the D.C. Graham Q.L.C. No. 52 in the southeast
quarter of Section 35, 'township I South, Range 1 West, Willamette Meridian,
City of Tigard, Washington County, Oregon, described as follows:
Beginning on the east line of Lot 25, Graham Acres, a recorded plat,
Washington County plat Records, at its point of intersection with the
southwesterly right-of-way line of Oregon State Highway 217; thence South
00017' West, 160.25 feet on the west right-of--ay line of SW 90th Avenue
(formerly Heintz Avenue) to the point of curvature of a twenty foot radius
curve to the right; thence southwesterly on said twenty foot radius curve (the
chord bears South 45055'35" West, 28.11 feet) 31.16 feet; thence North 69634'
East, on the north right-of-way line of SW North Dakota Street, 90.0 feet to
the point of curvature of a 20 foot radius curve concave to the northeast;
thence northwesterly an said 20 foot radius curve (the chord bears North
45004135" West, 28.46 feet), 31.67 feet; thence North 0O°17' East, on the east -
right-of-way line of said 90th Avenue approximately 110 _ feet to said
southwesterly highway right-of-way line; thence northwesterly, on said highway
right-of-way line, approximately 70 feet to, the point of beginning.
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