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Ordinance No. 96-03 - r x t Mvt CITY OF TIGARD,OREGON ORDINANCE NO.96•� ' AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 2,308 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW CASCADE BOULEVARD IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON. WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 ^f the Tigard!v uniCipai rnrin nn naramhar 19 1995' and ' WHEREAS,the right-of-way for SW Cascade Boulevard had been dedicated to the public; and WHEREAS,the City approved a Site Development Review(SDR 94-0016)for the construction of The Place to Shoot; and t WHEREAS,SW Cascade Avenue was realigned in conjunction with the construction of The Place to Shoot; and ' WHEREAS,the approximately 2,308 square feet of public right-of-way is no longer necessary; and x t WHEREAS, the vacation has been initiated by the City Council and approval has been Y recommended by the Community Development Department; and , 3h WHEREAS, all affected service providers, including utility Companies and emergency service � providers,have reviewed the vacation proposal and have no objections; and WHEREAS,GTE Telephone Operations has buried facilities within this area which will require _ the granting of a utility easement; and I z WHEREAS,notira hne homail,.A tov u�I1. ---h,r. � vonmu utiuung Said vaa,aw. area a. dauiu nn owners in the affected area,as described by ORS 271.080; and , W; r if WHEREAS, in accordance with Tigard Municipal Code 15.08.120 the City Recorder posted ( r notice in the area to be vacated and published notice of the public hearing; and I r�' WHEREAS the roe owners of the majority of the area affected have not objected in writing; P P rtY J fY J ands . WHEREAS,the City Council having considered the request on January 23, 1996,finds that it is in the public interest to approve the request to vacate said public right-of-way 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,the Council finds that the following conditions are necessary to vacate said land: L 1. The effected property owner(s)shall provide a utility easement within the vacation area. ORDINANCE No.96-03 Page 1 d � DOM' �M�p 2"` F - _ r r THE CITY OF TIGARD ORDAINS AS FOLLOWS: < w SEC T iON i s The Tigard City Council hereby,orders the vacation of said approximately , ti 2,308 square feet of public right-of-way as shown and described on the attached exhibits A and B(map and legal description of area to be vacated), and by this reference,made part thereof. t SECTION 2: The Tigard City Council further orders that the vacation be subject to the g r N t�v following condition: � 1. The effected property owner(s)shall provide a nflits x .nuuii $ the vacation area. f; 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. a A PASSED: By-�tG'1 qmcfuo vote of all Council mebers present after being read ; by number and title only,thisQ2321daY of / ,a—1996. , �� �w A City Catherine Wheatley,Citecorder ..)�Yap APPROVED: Thi— day of/ t - ,1sSS. sNicoll,Mayor , Approved as to form: h; UTP City Attorney tfg� «3 r Date 3 �x- 44 A m s ORDINANCE No.96- Page 2 r r. F fi {5 � g4 � m i ,� 11 i ` 3 =mak c XyaYf3�LiidL�� 2 "'T z E EXHIBIT A i kNvj ", M-OWN 4 2 I L 2 Y'bi k Mi Lu 66 � k ON I � t k k y ix 3 r w way \y zy€ H r :ateSHIA ' xIn "ONT a ms,' O & � � T - �. W Z f 3 tf� �' 4 sdaf y,z coo R � }Ems g=3 swKsphs P 4WAR MIT �."~.. z EXHIBIT B_ PACIFIC SM S.W.Nimbus Avauo BuvertM OR 97008.7120 • VACATION DESCRIPTION ,t PARCH OF LX,,D Li Al4G iii Tne N0RTriwrS-I QNz--QUAKER OF SECTION 35,TOWNSHIP 1 SOUTH,RANGE I WEST,WILLAMETTE MERIDIAN AND BEING A PORTION OF S.W.CASCADE BLVD.;THE SAID PARCEL BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE D.C.GRAHAM DONATION LAND CLAIM NO.524 THENCE NORTH 03°42'53"WEST,1384.43 FEET TO A POINT ON THE WFST'FRLY RIGHT- f" OF-WAY L3NEOF CASCADEBLVD.AS DEPICTED ON C.S.NO.11,314,WASHINGTON COUNTY SURVEYOR'S OFFICE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN THE DEED TO THOMAS 1.HOLCE,RECORDED AS RECORDERS FEE t No.93-02M FILM RECORDS OF WASHINGTON COUNTI,OREGON;THENCE SOUTH 01"14'00 Fscr ALDNG SAID RIGHT-OF-WAY LINE,53.84 FEET:O A POINT OF CURVATURE;THENCE ALONG THE ARC OF A 230.00 FOOT RADRUS CURVE CONCAVE'TO THE EAST,THROUGH A CENTRAL ANGLE OF 31-53-W-(The CHORD BEARS SOUTH 17-10-30'EAST,126.34 FEET)AN ARC DISTANCE OF 127.99 FEET TO A POINT OF TANGENCY;THENCE SOUTH 33'07'00'EAST, F 78.47 TO A POINT OF NON TANGENT CURVATURE WTIH A 305.00 FOOT RADIUS CURVE zt' CONCAVE TO T9Z-EAST AND TO WHICH POINT A RADIAL LINE BEARS NORTH 45°59'02' EAST, SAID POINT IS 30.00 FEET WHEN MEASURED AT RIGHT ANGLES FROM THE NEWLY RELOCATED CENTERLINE OF CASCADE BLVD.AND 1S THE TRUE P01NIN T OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY ALONG THE ABOVE MENTIONED 305.00 FOOT RADIUS CURVE,THROUGH A CENTRAL ANGLE OF 34'5742'(THE CHORD BEARS SOUTH 61-29-49- r EAST,18324 FEET)AN ARC DISTANCE OF 186.11 FEET TO A POINT ON SAID WGHT-OF=!s AY p NE,SAID POINT BEING 30.00 FEET WHEN MEASURED AT RIGHT ANGLES FROM ABOVE LI � MENTIONED RELOCATED CeTM LINE; THENCE NORTH 89'72'00' WEST ALONG SAID Rl+rv;0F_w mY t rmF,5130 FEET To POINT OF CURVATURE;THENCE ALONG THE ARC OF t` A 100.00 FOOT CURVE CONCAVE TO THE NOW[HEAST T11''.OUGH A CENTRAL ANGLE OF 56°15'00'(THE CHORD BEARS NORTH 61-14-30-WEST,94.28 FEED AN ARC DISTANCE OF 98.17 E " FEET TO A POINT OF TANGENCY;THENCE NORTH 33'OT00'WEST,49.57 FEET TO THE POINT OF BEGINNING. i CONTAINING 0.053 ACRES MORE OR LESS. XEll RIFSMU R OREGON LT]u. D. r aa. - 3� JG�I EXP. tZ X31 (o S ' * 3r f EXHIBIT >✓ _ I W i, ti. Cu N 79 42 H WE Pu r p a. •� 1k�„$- W,714 j rr r IJr � I � YUrn. aTAlSK`^'Yv^S3 �� TE - SHADY i l ;T awD WINDSO ,O WINDS PL Q t I � it ft L4 ) � h� Vicinity Map Street Vacation i g Note: Map is not to scale F m�� ;i