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Ordinance No. 91-27 CITY OF TIGARD, OREGON ORDINANCE NO. AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW 135TH AVENUE LOCATED NEAR SW SCHOLLS FERRY ROAD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request on ance with Section 15.08.040 of the Tigard May 21, 1991 in accord Municipal Code; and WHEREAS, this portion of SW 135th 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 of SW 135th Avenue that is no longer needed because SW 135th Avenue has been realigned and fully improved; and WHEREAS, the property owner E. Aleen Gross and representative Bill Gross support the vacation; and WHEREAS, the City of Tigard Engineering Department requests that a right-of-way be provided to a distance of 30 feet from centerline; and the public storm drain line on the west side of the right-of- way become a, private line and that the property owner of the western parcel (tax lot 100) shall be responsible for the storm drain line; and WHEREAS, Portland General Electric and GTE Northwest, Inca have requested that an easement be provided for all existing utilities 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 ORS 27 1.100 and TMC 15.48.110, the City Council fixed a time and place for the public hearing and the City 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 �� ORDINANCE NO. 91- PAGE 1 WHEREAS, the City Council, having held a hearing on July 19, 1991, finds the public: interest will not be prejudiced by the vacation as provided by QRS 271.120 and TMC 15.08.130; and _ WHEREAS, the City Council finds it is in the public interest to approve the request to vacate the unimproved portion of SW 135th Avenue located immediately south of the intersection of SW 135th Avenue and SW Scholls Ferry Road. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of the unimproved portion of SW 135th Avenue located immediately south of the intersection of SW 135th Avenue and SW Scholls Ferry Road, as described on the attached "Exhibit A" and shown on the attached "Exhibit B" and "Exhibit C" and by reference made part hereof. SECTION 2: The Tigard City Council further orders that the vacation. be subject to the following conditions: 1. The right-of-way for SW 135th Avenue shall be 60 feet, 30 feet each side of center line. 2. That the public storm drain line, as shown on the "as-builts", page 7, between station 33+60 to 32+72 on the left side of the right-of-way, for the SW 135th Avenue LID become a private line and the property owner of T.L. 200 1S1 33CA shall be responsible for the storm drain. line. 3. The applicant shall be responsible for providing an easement for all existing utilities within that portion of the right-of- way to be vacated. SECTION 3: This ordinance shall be effective on the 31st day after enactment by the City Council, approval by the Mayor, and after a certified copy has been recorded with the Washington County Clerk, ' Assessor, and Surveyor. PAGE 2 ORDINANCE NO. 91- i' t 1 PASSED: By (t0 c r!2LuL) vote of the Council membersresent after being read by number and title only, this FY day of _ , 1991. Catherine Wheatley, City Recorder APPROVED: This day of 19 1. Geral . Edwards, Mayor A �ppveci s �tw f C y Date 1ogin\r0n\ord135av ORDINANCE NO. 91-g� PAGE 3 1 r Street Vacation A strip of land located in Lot 32 of the Millard and Vanchuyver Tract's Subdivision in the K.W. 1/4 of Section 33, Township 1 South, Range 1_West, Willamette Meridian, City of Tigard, County of Washington, Oregon, more particularly described as follows: Beginning at a point which bears South 61°32144" West, 42.19 feet from the centeL of said section and being the northerly most point of that land dedicated for road right-of-way in parcel IF of fee #8833894; thence by a line which is 20.00 feet westerly of, when measured at a right angle, to the original center line of S.W. 135th Avenue (C.R. No. 934) as recorded on CS 23139, a duly recorded survey with Washington County, North 1°38'40" East, 321.04 feet to the southerly right-of-way of Scholls Ferry Road as recorded in Civil Court Case # C90-1054CV, Washington County; thence by the said southerly right-of-way and extension, South 67°04'21" East 37.34 feet to a point on a curve which is 30.00 westerly of, when measured at a right angle, to the revised center line of S.W. 135th Avenue recorded on CS 23139; thence along a curve parallel and 30.00 westerly of the revised center line an arc distance of 241.89 feet with radius 570 feet through an included angle of 24018152" (chord bearing and distance of South 6004'46" West, 240.08 feet) to a point of reverse curvature; thence continuing along a curve parallel and 30.00 feet westerly of said revised center line an arc distance of 70.07 feet with radius 630 feet through an included angle of 6°22122 (chord bearing and distance of South 15003'01" Vest, 70.04 feet) to the point of beginning. Excepting that portion of the above which lies East of the Millard and Vanchuyver Tract's. Total area contains 8,610 square feet more or less., 135th.vac • 1 rt �� *r ■`i ■■I �' r' � A1C S � r . . * sill ..r =. � `•i y�� to r � ONE .. :�� '■�111111111 gym► % `' ■ � �C l�t�l► a �L11OA � ♦ : � //11. ..111ti1111►� ON � � � ■11t�111L �►t � Illi. • Ii � ��� ,�/��/. VIII_ ■�■■■■ ■! � ■ ■��=� f/ I WO// M I PREvo I M I 6 d� I 141 3 ti: 3 0 k i is _ f a. !- { a