Ordinance No. 97-09 w WO tr
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ORDINANCE NO.91-%_ Elm
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�b I AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 4,172 SQUARE 3
Fs ET OF PUBLIC RIGHT-OF-WAY ABUTTING SW PACIFIC HIGHWAY (99W),SOUTH OF k
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SW PARK STREET,AND ADJACENT TO TiGARD MARKETPLACE. now
WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the
Tigard Municipal Code at a public hearing held on Julv 8,1997; and
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WHEREAS,the right-of--way was previously dedicated to the public; and
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WHEREAS,in 1986,Or
No.86-19 vacated a portion of a frontage road along SW Pacific Highway '
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(99%)to facilitate a commercial development planned for the area; and W x
z WHEREAS,in 1987,a Site Development Review(SDR 87 15)was approved to allow the construction of a
x 153,180 square foot retail center,commonly known as Tigard Marketplace; and '
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WHEREAS,the 1986 street vacation vacated only a portion of the frontage road right-of-way; and
sr WHEREAS,the remaining portion of the right-of-way contains a 8,617 square foot landscaped area that is
adjacent to the access road that leads into the Tigard Marketplace Center; andG
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WHEREAS,approximately 4,172 square feet of public right-of-way(roughly half of the landscape island) <
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may no longer be necessary; and ,
WHEREAS,the vacation was initiated by the City Council and approval has been recomended by the
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Community Development Department; and r
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k WHEREAS,all affected service providers, including utility companies and emergency service providers,
i have had the opportunity to review the vacation proposal and have no objections; and
` WHEREAS,the Western Bypass Study,Project#406,Tigard Triangle Comprehensive Plan Amendment
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(CPA 96-0008)and the Portland to Lincoln City Corridor,Interim Corridor Strategy(March 1997)discuss q
the possibility of the future widening of SW Pacific Highway to six(6)lanes(or an estimated right-of--way
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�1 width of 56 feet from centerline); and
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j WHEREAS,a small portion of the proposed area to be vacated is within the 56-foot right-or-way;; and � �
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WHEREAS,it is in the public interest to prevent the future purchase of property which is currently within
the public right-of-way; and }�
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WHEREAS,the applicant has agreed to re-dedicate to the public,any land within the requested vacation �t
:IJ area that may be necessary in the future for widening SW Pacific Highway; and ,r�
} " D 29-Jul-97
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� ��ORDINANCE NO.97- Will
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fi Yr4 t+ r WHEREAS,a condition is necessary that requires the applicant to enter into an agreement to grant these
re-dedication,to occur at the time the right-of--way is deemed to be necessary; and ate* r
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,,T7�' c 1 WHEREAS,GTE Telephone Operations has 2 existing 4 inch conduits with cable in them paralleling the
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north side of the access road which will require the granting of a utility easement; and =r `r�
r fi WHEREAS,Northwest Natural Gas has facilities within the proposed vacation area which will require the a
3'4 " granting of a utility easement for right of access,repair,and/or replacement,and requiring that no structure 3� � a � ,
be built or erected within a distance often feet from the centerline of said facilities; and
x WHEREAS,the-City of Tigard Water Department has a 12-inch water main located within the proposed ; �f
"7 s 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
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#€ affected area,as required by ORS 271.080; and ,
WHEREAS,in accordance with Tigard Municipal Code 15.08.120,the City Recorder posted notice in the
area to be vacated and published notice of the public hearing; and
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WHEREAS,the property owners of the majority of the area affected have not objected in writing; and a2
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WHEREAS,the City Council having considered the request on August 12, 1997, finds that it is in the 3
public interest to approve the request to vacate said public right-of--way as the public interest will not be s ¢
N prejudiced by this vacation,as provided be ORS 271.120 and TMC Section 15.08.130; and
.F WHEREAS,the Council finds that the following conditions are necessary to vacate said land: ;
z 1. A utility easement shall be provided within the vacation area.
2. The property owner shall enter into an agreement to re-dedicate to the public,any land within the f {
requested vacation area that may be deemed necessary to the future for the widening of SW pacific
�k Highway(99W). i
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x � NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: a
T SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 4,172 square
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feet of public right-of-way as shown and described on the attached Exhibits A and BM
(map and legal description of area to be vacated), and by this reference, made part r}x
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thereof. t ,
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I�tt s a SECTION 2: The Tigard City Council further orders that the vacation be subject to the following
conditions: mo
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` ORDINANCE N0.97- is\citywide\ord\vactgmk2.ord
Wiil D. 29-Jul-97 4:17 PM a i
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R." 1. A utility easement shall be provided within the area to be vacated. ����
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Ort 2. The property owner shall enter into an agreement to re-d,?&.ie to the public,any land within the
requested vacation area that may be deemed necessary in the future for the widening of SW Pacific
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Highway(99W). f ..
41-40 $3 SECTION 3: This ordinance shall be ellective 30 days after its passage by the Council,approval by the ��
3 Mayor,and posting by the City Recorder.
ANN " rt ' '
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PASSED: By U00131 M Q?U vote of all Council m mbers present after being read by number t ��
and title only,this 1�C2 day of h 1997 ;
A L Catherine Wheatley,City Recorder
Vit:
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y APPROVED: By';igard City Council this., day of u 1997.
Jrie icoli,Mayor
P w Approved as to form:
City Attorney u
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lt ORDINANCE NO.v7-r is citywide\ord\vaciamk2.ord
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�ilsi i TlA!'�T 17T(" PROPESEfON=!
x LAND
} 8305 S,W.Nimbus Avenue
7 Beaverton.OR 97008.71:0 ArJ 1y
OREG -
JULY 30.1976 \ �
LO
ggT1 D.ABBOTT
99W, TIGARD - CITY OF TIGARD PARCEL REmEwA ;yz-,P/-97 ��
F MAY 22, 1997
FILE: 4-1422-0501 k 4
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A parcel of land lying in the George Richardson D.L.C. No. 38, pY
Township 2 South, Rangy 1 West, Willamette Meridian, Washington ►�
County, Oregon, and being a portion of Taylors Bridge Road (County1:
! 8 feet southeasterly 5 ,•
1 Road No. 477) lying southeasterly of aline 4 Y
and parallel from the following described center line of the
relocated Pacific Highway West:
Beginning at Engineer's center line Station 116+98.50, said stations {� _
' being North 00013'41" West 2,340.83 feet and North 89°46119" Eastr ��} °"
1,055.97 feet from the southwest corner of Section 2, Township 2
South, Range 1 West, Willamette Meridian; thence 251.30 feet along y ,
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the arc of a 2,865 foot radius curve to the left through a central
angle of 5°O1'32" (the long chord bears South 38°22'35" West 251.?2s
feet) to a point of compound curvature at Engineer's Station
j 119+49.8; thence 206.40 feet along the arc of a 5,521.80 foot
to the left through a cental angle of 2°08'30" (theme,
raul\35 �,uL'v2 c
long chord bears South 34047134" West 206.39 feet) to a point of
tangency at Engineer's Station 121+56.20; thence South 33°43'19" I
West 1,243.80 feet to Engineer's Station 139+00. �
Commencing at a point which is 48 feet southeasterly and opposite +tx r
center line Station 121+56.20 P.T.; thence South 33°43'19" West,
parallel to said center line, 202.79 feet to the most northerly s,•
corner of that tract of land conveyed to Tigard East Associates, � qx
j recorded in Fee No. 87-31809, Washington County Deed Records; '
thence South 51°02'00" East, along the northeasterly line of said
Tigard East Associates tract 19.91 feet to a point on the
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right-of-way line of said Taylors Bridge Road and the ,.
TRUE POINT OF BEGINNING; thence, along said right-of-way line,
North 39°04'00" East 101.61 feet; thence North 21 30 51" East , � ��
132.91 feet to a point of cusp; thence 52.44 feet along the arc of V . '
a 24.20 foot radius cruve to the right through a central angle of r{ : '
124°08'28" (the long chord bears South 22°58'36" East 42.77 feet);
the
South 33°25'28" West 202.22 feet to a point of curvature; y
thence 8.11 feet alongthe arc of a 14.00171 tl
2 foot radius curve to the �> �
right through a central angle of 33°08'03" (the long chord bears
South 45°52'5 " West 8.00 feet); thence North 51°02'00" West 16.64 ty
feet to the POINT OF BEGINNING.
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` Contains 4,172 square feet more or less.
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