Ordinance No. 91-35 a
CITY OF TIGARD, OREGON
w ORDINANCE NO. 91- -3f)
AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WAY LOCATED ON A
PORTION OF SW GARDEN PARR PLACE, 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
October 28, 1991; and
WHEREAS, This portion of S.W. Garden Park Place is a dedicated
public right-of-way, giving the public rights over the land for
street and utility improvements; and
WHEREAS, the purpose for this vacation is to vacate an unimproved
portion of SW Garden Park Place that is no longer needed because
access is available to all abutting properties; and
WHEREAS, the vestee of this property, Mr. Dean Schumacher, supports
this vacation; and
WHEREAS, the vacation is recommended by the Planning Commission and
the Community Development Department; and
WHEREAS, Northwest Natural Gas Company has reviewed the vacation
proposal and has requested a utility easement for the maintenance
of a natural gas line which crosses the area to be vacated; and
WHEREAS, all other affected service providers including utility
companies and emergency services have reviewed the vacation
proposal and have no objections or concerns; and
OEREAS, 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
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 considered the request on December 10,
1991, 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 Dublic interest to
approve the request to vacate that certain portion of public street
right-of-way for SW Garden Park Place because the public interest
will not be prejudiced.
ORDIW,,,NCE NO. 91-
Page l
i
gg NOW THEREFORE, BE IT RESOLVED b} the Tigard City Council that:
l. i'
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 "B" (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:
1. The City shall retain a Public Utility
easement as requested by Northwest Natural Gas
for the access, repair and/or placement of the
existing utility. This easement shall be a
distance of 10 feet from both sides of the
centerline of said facility.
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 U1)A 11 i rn t, (-Q7, vote of the Ccuncil members
present after being read by number and title only,
this �4� day of - ,?c�a,r,k�� ✓ , 1991.
4 .1. �heatiy, C ty Reco�d16r
APPROVED: This -
day f n ?� v 1991.
l
ld Edwards, Mayor
A ved s o �`"
C ttorne
Da66
schu-cc2.ord
ORDINANCE NO. 91-.��
Page-2
Exhibit A
A tract of land being that portion of S.W. Garden Park Place south
of a line 25 feet south and parallel to the centerline of said road
and 25 feet east and parallel to the centerline of S.W. 110th
in Avenue as depicted on KAREN PARK, a subdivision recorded Township
62, Page 3, located in the Southeast quarter of Section 3, p
SW Washington, lOregon,Willamette
and being Meridian,
particularly describedCounty
ofas
follows:
Beginning at the Northwest corner of Lot 5, KAREN PARK thence by
the westerly line of said lot South 00023138" West, 7.5 feet f Tigard t e
southeast corner of that tract dedicated to the City
in
document 79044168; thence West by the southerly ne as 25 fedescribed
ribed
in said document, 175 feet more or less to a point
when measured at right angles to the center line of S.W. 110th
Avenue; thence North by a line 25 feet east and parallel to said
center line 10.6 feet more or less to a point 25 feet south when
measured at right angles to the center line of S.W. Garden Park
Place; thence South 89042100" East by a line 25 feet south and
parallel to the center line of S.W. Garden Park Place, 152 feet
more or less to a point of curvature; thence continuing. 23 feet
,. south and parallel to said center line by way of an arc
l with radius of 125 feet through an included angle of 1003815811,
(chord bearing and distance being South 84'22131" East, 23.20 feet)
to the point of beginning. Said above described area being
1740
square feet more or less.
RETAINING FOR PUBLIC UTILITY EASEMENT PURPOSES, a 20 foot wide
strip being 10 feet from centerline of the existing Northwest `
Natural Gas line,
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