Ordinance No. 93-02 CITY OF TIGARD, OREGON
C ORDINANCE NO. 93 - . Q1
AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW GONSAGA
STREET, LOCATED EAST OF SW 68TH AVENUE, 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
December 8, 1992; and
WHEREAS, This portion of SW Gonaaga Street 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 a portion of SW
Gonzaga Street that is no longer needed for public use and because
I access is available to all abutting properties through
consolidating approptiate lot lines; and
WHEREAS, the vestees of the adjacent properties are not opposed to
this vacation; and
WHEREAS, the vacation has been initiated by the City Council and
approval has been recommended by the Community Development
Department; and
WHEREAS, all affected service providers, including utility
companies and emergency services, have reviewed this vacation
proposal and have no objections; and
WHEREAS, notice has been mailed to all property owners abutting
said vacation area and all property owners within the affected
area, as described by ORS 271.080; and
t' WHEREAS, in accordance with TMC 15.08.040, the Recorder posted
notice in the area to be vacated and published notice of the public
hearing; the owners of the majority of the area affected have not
objected in writing; and
WHEREAS, the Council having considered the request on January 26,
1993, finds that it is in the public interest to approve the
request to vacate that certain portion of public street right-of-
way for S:4 Gon,aga Street because the public interest will not be
prejudiced by this vacation as provided by ORS 271.120 and TMC
Section 15.08.130. /
C ORDINANCE NO. 93- DZ-
Page 1
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3
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
` 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 (map
and legal description of area to be vacated) and by
this reference made part hereof.
SECTION 2: The Tigard City Council further orders that the
vacation be subject to the following conditions:
1. Common access agreements shall be provided for
all potentially landlocked parcels.
Alternatively, the appropriate parcels shall
be consolidated so as no parcel shall be
landlocked.
SECTION 3. This ordinance shall be effective 30 days after its
passage by the Council, approval by the Mayor, and
posting by the City Recorder.
PASSED: By -UA aAU QY16� vote of all Council members
present after being read b number and title only,
this c- ? day of , 1993.
Ca ins Wheatley, City Recorder
APPROVED: This day f �3•
ra . Yor
Approved as to form:
City Attorney
1.7110-91
Date
ORDINANCE NO. 93- UZ
Page 2
EXHIBIT "A'$
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A portion of S.W. Gonzaga Street (formerly Seventh
Street) located within the boundary of West
Portland Heights Plat in Section 1, Township 2
South, Range 1 West of the Willamette Meridian,
City of Tigard, Washington County, Oregon,
more particularly described as follows:
Being that portion of S.W. Gonzaga Street lying
east of the east line of S.W.68th Avenue (formerly
r___1 Street) J ', f the -wcst ling, of S.W.
VI UI11 J11 CClt ullV �ic�� VE ���c nc�
67th Avenue (formerly Lincoln Street) as vacated in
document number 84-47786 in Washington County deed
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Crecords.
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