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Ordinance No. 94-18 5 M CITIZ OF TIGIARD, OREGON ORDINANCE NO. 94--BL— AN ORDINANCE CONCERNING THE VACATION OF A 165 SQUARE FOOT PORTION OF A DEDICATED PEDESTRIAN EASEMENT ALONG LOT 8 OF THE HARTS LANDING SUBDIVISION 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 June 28, 1994 ; and WMEREAS, this easement is a dedicated public easement, diving the public rights over the land for a pedestrian pat).Yway; and WHEREAS, the purpose of this vacation is to vacate a 165 square foot portion of a pedestrian easement which is no longer needed due to a lot line adjustment; 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 service providers, have reviewed the vacation proposal and have no objections; 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, in accordance with Tigard Municipal Code 15.08.120 the Recorder posted notice in the area to be vacated and published notico of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREA- , the City Council having considered the request on August 9, 1994, finds that it is in the public interest to approve the request to vacate that certain portion of a pedestrian easement because the public interest will not be prejudiced by this vacation as provided be ORS 271-120 and TKC Section ' 15.08.130. ORDINANCE No. 94--L2— Page I 4-_L2 __Page1 d THE CIT`l Or TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of the pedestrian easement as described on the attached exhibit A (map of area to be vacated) and by this reference made part there of. SECTION 2: Tho City Council further orders that the vacation be subject to the following conditions: 1. This vacation shall take effect upon evidence of the recording of the lot line adjustment. 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 Ur)( I%MOU5 vote of all Council members present after being r ad by number and title only, this �� day of , 1994. therine Wheatleyk, City ReqOrder APPROVED: This v` day ofZ, .//1994.1 Jo Schwartz, Mayor Approved as to form: � e 2 City Attorney / qq Date ORDINANCE No. 94- _Page 2 I I I o I io E C � I tib t it's, ; s St— AV 9 law iso 7.w.xuas s s us�sa°r tell 61 a sail! NQ IN .� is I R lilt miss � p