Loading...
Ordinance No. 95-33 CITY OF TIGARD, OREGON ORDINANCE No. 96-3:35 Awr AN ORDINANCE CONCERNING THE VACATION OF A 10 FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED ON LOT#9 IN BENCHVIEW ESTATES 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 November 14, 1995; and WHEREAS, this easement is a dedicated public easement, giving the public rights over the land for public utilities; and WHEREAS, the reason and purpose of this vacation is to eliminate a 10 foot public utility easement that is no longer needed; and WHEREAS, a lot line adjustment was approved between lots#9 and #10; and WHEREAS, due to the adjustment, the existing easement is located such that it interferes with the petitioners preferred location for a single family residence and this vacation is the only means of removing the easement; and am 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 notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on December 19, 1995, finds that it is in the public interest to approve the request to vacate said'public easement because the public interest will not be prejudiced by this vacation as provided be ORS 271.120 and TMC Section 15.08.130; and WHEREAS, a building permit cannot be issued for lot#9 until the easement is vacated. ORDINANCE No.95-a Page T THE CITY OF TIOARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 10 foot wide. public utility easement as shown and described on the attachad exhibits A and B (map and legal description of area to be vacated), and by this reference made part there of. SECTION 2: 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 L 1y)(M i mvus vote of all Council members present after being read by number and title only, this )Q'YI day of TVSsnj�eti 1995. Catherine Wheatley, City Recor er APPROVED: This �I day of-mom, 995. J hlicoli, Mayor Approved as to form: 1 City Attorney ZDate12- Date ORDINANCE No.95- Page 2 ag . 1 V • 1 �-�'�ea•2�a �. I � . � s ' • � . ail all or fSAf% i�•� PW G�POeG•� EXHIBIT A f j-__ _ rr ITa _ I I P� ' �.eJRI111]11 .L� W.B. October 3, 1995 Wells and associates inn. 42M ME Fanat-QL LEGAL DESCRIPTION F SP 2U-5 (W.B. WELLS & ASSOC., INC. - JOB 94-303) FAX(503)284-8530 UTILITY EASEMENT DESCRIPTION TO BE VACATED A tract of land being a portion of Lots 9 and 10 of the duly recorded plat of °BENCNVIEW ESTATES", situated in the Southeast 1/4 of Section 4, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: A 10.00 foot wide utility easement lying 5.00 feet on each side of the following described line: Commencing at the Northwest corner of said Lot 9; thence a distance of 62.21 feet along the arc of a 48.00 foot radius circular curve to the right, through a central angle of 74015'26" (long chord bears South 39012'41" West, a distance of 57.95 feet) to the True Point of Beginning of this description; thence South 13°01'06" East, a distance of 48.02 feet to the terminus point of this description. Exceptional Service. creaave solutions. Qualify Beyond Your Expectations. ;_ _ -- ... t :: ,. :.:, ,. �: �. ;�� _,.,_ . :, .� , � `. :�< 5 � � +'�- � . �. �. � �, • �� � �r - � � ■ �. �,. �I � � � � , � . �,�<, _ �I � ' ,. ?� s . � ,. � .- � �� t • Lr a�:.: ..� .:. �.�. +. � . ::. ,� ,. . � i `� � s �._ r • �.:. �� . � . � � ■�. Pati„ 4 .... 0 I �. f �f• � to �`� y:: 7' . h e� 1� �� r ..r __ ;'.Vii; • ¢ �` � r _ r .� 5,. �` ' � • �` f` ��� �`�\,� .,.f"". .�/'�.:.:�j'::. (: • • • oy ti �° � a ,� �, � � '. ti �, ', �� Mill EXHIBIT 7 SW Benchview P1 Lot 9 � �xig-r1� C. 4-1 Pip Subject Parcel LLJ Zer-,,j L, z Z L®t 10 - PROPOSAL: Lot line adjustment of Lots 9 and 10 Benchview Estates with Lot 10 deeding approx. 1428 sq.ft. to Lot 9. Scale 1" = 30` Lot Size of Lot IO CASCADE HOME DEV Before Adjustment = 10,325 sq. ft. LL 2100 NE Broadway Ste 2B After Adjustment = 8,897 sq. ft. Portland,OR 97232 Lot Size of Lot 9 Phone 331-1365 Fax 284-1618 Before Adjustment = 8,801 sq. ft. After Adjustment = 10,229 sq. h. look PLOT PLAN CASE NO. EXHIBIT MAP N 15 a5- 001/