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Ordinance No. 96-33 u 4 An CITY OF TIGARD,OREGON a gs xm ORDINANCE NO.96-33 t, t AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 6,445 SQUAREaff • FEET OF PUBLIC RIGHT-OF-WAY ON SW 135TH AVENUE IN THE CITY OF TIGARD, 5 " '..; $ WASHINGTON COUNTY,OREGON. WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the .� t Tigard Municipal Code on June 11,1996; and , y zy . WHEREAS,the right-of-way for SW 135th Avenue had been dedicated to the public; and v 4 WHEREAS, the City approved a Subdivision(SUB 93-0008) for the development of Castle Hill No? Subdivision; and WHEREAS,Southwest 135th Avenue was re-aligned in conjunction with the construction of Castle Hill x No.2 Subdivision; and WHEREAS,the approximately 6,445 square feet of public right-of-way is no longer necessary; and fa WHEREAS,the vacation has been initiated by the City Council and approval has been recommended by the r Community Development Department; and WHEREAS,all affected service providers, including utility companies and emergency service providers, , t ; have reviewed the vacation proposal and have no objections; and } t f x i WHEREAS, GTE Telephone Operations has a major six-way conduit system on the west side of the centerline within the old SW 135th Avenue right-of-way which will require the granting of a utility easement; and - ttttt WHEREAS,the City of Tigard Water Department has a 16-inch water main located within the proposed " vacation area that will require the granting of a 15-foot utility easement; and ! WHEREAS,notice has been mailed to all property owners abutting said vacation area and all owners in the l affected area,as described by ORS 271.080; and j WHEREAS,in accordance with Tigard Municipal Code 15.08.120,the City Recorder posted notice in the 1 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 P P Y j Y j j� WHEREAS,the City Council having considered the request on August 13,1996,and August 27,1996 finds - s that it is in the public interest to approve the request to vacate said public right-of-way as the public interest 1 will not be prejudiced by this vacation,as provided be ORS 271.120 and TMC Section 15.08.130; and � r x f v a ORDINANCE a No.96- ` is\citywide\ord\vac 135t2.ord £ Page 1 of 2 will d. 08/19/96 11:16 AM t 1 T •4� 1 S '2 ��'�,•�Q'` �r`°.wsi°"�%yu't ..na.-fa.....a......_..... ... .... ............,+<... �....0..a.E.....s..-._.�..� ..... ... ....�....u. § y 'Sh+.�"�� y " WHEREAS,the Council finds that the following conditions are necessary to vacate said land: r 7- kx ' l. A utility easement shall be provided within the vacation area. r s r . aFt' s M NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: � r " x tF SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 6,445 square s 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 t �' � - ,T ° ' IIIA rt • r� � thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the followings # £ condition: ' 1. A utility easement shall be provided within the vacation area. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,approval by the 1 Mayor,and posting by the City Recorder. 'r. ter ' PASSED: By UP)df)1/Y)04/5 vote of all C uncil members present after being read by number ? k Y and title only,thisO7day of 1996. �Y� f t f ?t3Y T- + Catherine Wheatley,City RecorderWl E APPROVED: By Tigard City Council thi j ,day of C 1996. t*a r .0 t0 x1r J s icoli,Mayor 4 Approved as to form: j � q j gra Ci A mey �� p ` 27 Date 'e a �T � a ; , Al ORDINANCE No.96-33 i:lcitywid6ordlvacl3501.ord y t {a Page 2 of 2 will d. 08/19/9611:16 AMe. � ' a, Y Vi. --« s.r sr. - �* c kr t X31" ei J' h y � r � k r I r ps r �r .m.�rmmaAINEXHIBIT A � `t' I a�p r � z $fit N Rmr �Vll IM ANTE / 1 116 u W : }Y N`-� h! AIX h� W a �O 1 W X G L to y � � ✓ � � vE'q v�C.�-C�' g , vow is hya" 3 Wposs its toy W (I v3 s t s 5 PLOT PLAN a ; CASE NO. !l, g ' E X H I EU MAP I SW licRight onne , z H Public s Right-of-Way Vacation 3' k k P p r'N 2h 7F MAE rr a r 2_ z ' 0 � .4 A v t$ irk - b EXHIBIT B { e c LEGAL DESCRIPTION P i Mvp FOR �" ROAD VACATION w . x � (o f k That portion of S.W. 135th Avenue in Northeast One-Quarter of Section 4,Township 2 � v _ South,Range 1 West,Willamette Meridian,City of Tigard,Washington County,Oregon ' described as follows: � d+ # A ' Beginning at the Northwest Corner of Lot 114 Morning Hill No.5 as recorded in Book r 63 Page 33 of the Washington County Subdivision records;thence S 02° 14'27"W, 4 1 along the westerly line of said Morning Hill No.5,a distance of 232.00 feet to the south ) west comer of Lot 117 of Morning Hill No.5 and the north line of the property described in Fee No.90028208 in the Washington County Deed Records; thence N 87°45'33"W, " along said north line,a distance of 15.00 feet to the northwest corner of said Fee No.; NMI thence S 021 14'27"W a distance of 259.25 feet to a point on a curve to the left; thence rt 1 along said curve with a radius of 545.00 feet,a delta of 03°13'24"(a chord which bears � ^ N 16°47'50"W,30.66 feet)and a length of 30.66 feet to a point which is 10.00 feet x k 3° ,t easterly of the center line of S.W. 135th Avenue(when measured at right angles); thence " U N 02°14'27"E,parallel with and 10.00 feet from said centerline,a distance of 280.27 feet to a point; thence N 10°25'20"E a distance of 49.19 feet; thence N 61 25' 17"E a distance of 60.16 feet to a point on a non tangent on curve to the left; thence along said F curve with a radius of 380.00 feet,a delta of 8°40'24"(a chord which bears N 9°33' 55"E,57.47 feet),and a length of 57.52 feet to the extension of the north line of Lot 114 x sl Morning Hill No.5; thence S 870 45'33"E,along the extension of the North line,a " ty distance of 5.46 feet to the point of beginning. SUBJECT TO a utility easement for all utilities on or within the entire vacated portion of = a r. said 135th Avenue. R v E 4�J f t tlj" N y h i e J r zq, r MARIM T yti t LAMM AR ' 3 s, resw �a ti4 Y � � 7 I Many, _t .x pit SAW 5-1 Novi S EXHIBIT O MORNING ,c,,, r AD j� N v -rciVl HILL - �C `j 1 [• GT w 115 Rollo sit YRM ' k 3 s . 0, <<----AREA holy .14 21 3° S ON n SW MARCIA DR _ WE� 4-SART WALNUTLN a ,U ; vi&ity Mapnn ; SW13 5th Avenue i`bte Map is not to scale M/..1 Public ROW Vacation N L.: �' yP 3 .a MIN a * x ! CITY OF TIGARD,OREGONMGM y EXHIBIT D r RESOLUTION NO.96-3—; * (• RESOLUTION CONCERNING THE VACATION OF APPRO.X LATELY 6,445 SQUARE { rEET OF PUBLIC RIGHT-OF-WAY ON SW 135TH AVENUE. too WHEREAS,the right-of-way for SW 135th Avenue had been dedicated to the public; and FyT r a .WHEREAS,the City approved a Subdivision(SUB 93-0008)for the construction of Castle Hill Phase II; Iand r 4�t x 'SIRq�, ^ WHEREAS,SW 135th Avenue was realigned in conjunction with the construction of Castle Hili Phase A; and ! ; ��� _ � - , WHEREAS,the approximately 6,445 square feet of public right-of--way is no longer necessary; and V! WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation l iO NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that y�xPa�i rti y; SECTION is The Tigard City Council initiates a request for the vacation of approximately 6,445 , square feet of public right-of-way on SW 135th Avenue, as more particularly described in E:clribit"B". ,tom: CTION 2: A public hearing is hereby called to be held by the City Council on Tuesday,August 13, 1996,at 7:30 p.m.at Tigard City Hall, 13125 SW Hall Boulevard,within the $ y City of Tigard,at which time and place the Council will hear any objections thereto, ' and any interested person may appear and be heard for or against the proposed �A A��� vacating of said public right-of-way. , .. RA SECTION 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times,a newspaper of general circulation in the City of Tigard.a notice of said hearing,-the first publication to be on July 25, 1996 and the final publication i to be on August 1,1996. The Recorder is fiuther directed to cause to have posted =j within five days after the date of first publication,a copy of said notice at,or near, i a each end of the area proposed to be vacated. r ro { SECTION 4: The particular public right-of-wav to be vacated is shown on the attached Exhibit fi "A"and by reference,made apart hereof. 3` 1 PASSED: This day of 1996. x .. or-City of Ti d RESOLUTION NO.9637 x Y rt $"J45F t Page I y j � z y , Y; } S S F t �( b M Iff-I ']KIrv`z y ,} �,��n�.^'4 '� mcs�e`•:@'ks6ua.�63rh b�.C�»�a'k_ _' - ....�.- _�..w.wu.x �,� -��,..m. :'.8k"� 9 ��� ATTEST: r �gA� �R . City Rccorder-City of Tigard l4m ,�A . ✓1 MINE4 , g"�-ft��j t's.�� $c i:kitywiJeLes�Yeel�S�ues h��. ;�"' '•v Will 0.OMOi%l:16:2PA: 115 � ��t I 4 r S n� XF 1 pe y I .lig 3 S 3 5) ZS M-1 ' RESOLUTION X0.96-31 c Ram Page 2 gltt r it AW '•'mss � �s'�a�n'��t xx��r���a`� � ' at+w>