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Ordinance No. 98-21 ® CITY OF TIGARD, OREGON ~I ORDINANCE NO.98- -<D-1 AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 13,140 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW FRANKLIN STREET BETWEEN SW 69TH AVENUE AND SW 70TH AVENUE 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 July 28, 1998 and has been recommended by the Community Development Department; and WHEREAS, the right-of-way for SW Franklin Street had previously been dedicated to the public; and WHEREAS, the City approved a Site Development Review (SDR 94-0004) for the development of the Hampton Park Apartments; and WHEREAS, this development did not provide for the extension of SW Franklin Street through the property; and WHEREAS, the approximately 13,140 square feet of public right-of-way being vacated is not necessary, as the road could not be extended further due to the existing development; and WHEREAS, the surrounding properties will continue to have access to public right-of-way; and WHEREAS, the vacated right-of-way will be incorporated into a development proposal which will dedicate and improve SW Beveland Street from SW 70th Avenue to SW 69th Avenue; and WHEREAS, SW Beveland Street is shown as a local collector on the Tigard Triangle Plan and thus, desired as a through street; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have provided 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 City 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 September 8, 1998 finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: ORDINANCE No. 98- a I is\citywide\ord\vacfrnk2.ord Page 1 of 2 08/28/98 11:00 AM 1. The proposed Specht Development entitled "Tigard Triangle Master Plan", shall be approved prior to final vacation of SW Franklin Street; and 2. As part of the proposed development, SW Beveland Street shall be dedicated and improved from SW 69th Avenue to SW 70th Avenue. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 13,140 square feet of public right-of-way as shown and described on the attached Exhibits A and B (map and legal description of the area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders fiat the vacation be subject to the following conditions: 1. The proposed Specht Development entitled "Tigard Triangle Master Plan", shall be approved prior to final vacation of SW Franklin Street; and 2. As part of the proposed development, SW Beveland Street shall be dedicated and improved from SW 69th Avenue to SW 70th Avenue. 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. AOL PASSED: By U 1)0-11'kW)u vote of all Council members present after being read by number and title only, this day of 5n4f4P-* b-vL , 1998. Catherine Wheatley, City R order ~1 APPROVED: By Tigard City Council this day of , 1998. J icoZINim , or A proved as to form: r UY Attorney Date ORDINANCE No. 98- i:kitywidelordivacfmk2.ord Page 2 of 2 08/28/98 11:00 AM EXHIBIT A UL amomw sum 3os aeo0 sta0 s2oo z 0 3001 4000 Woo w boo 4000 0 &Odc zt otAaK n am z /77777/7" 7////"/ '11177 z 4300 4500 6700 < < tvi Q~UIl~ft1l1 sum i i i i ~ /i. rl r. t c i list ✓ ~ 4fw 8700 a20 e100 1000 220+ 2200 23100 ✓ ~lSil~Ii7) 8 e~J 76U0 aV& BEYELAM attar CASE NO(S) & CASE KAMOsl: 6,74 Franklin Street SITE PLAN Public W I n'T MAP Right-of-Way Vacation 06/08/98 11:28 G 8 L LAND SURVEYING 5032202480 N0.655 002 • EXHIBIT B LEGAL DESCRIPTION FOR VACATION OF A PORTION OF SW FRANKLIN STREET A Parcel of land in the Plat of "West Portland Heights", Washington County Plat Wfzords located in the Northeast One-Quarter of Section 1, Township 2 South, Range 1 West, in the City of Tigard, Washington County, Oregon; said parcel being all of SW Franklin Street (Sixth Street) between SW 70th Avenue (German Street) and SW 69th Avenue (Washington Street), in said plat being more particularly described as follows: Beginning at the Northwest corner of Block 30 of said plat; Thence N 00°00'00" E, along the easterly right-of-way line of SW 70th Avenue (German Street), 60.00 feet to the Southwest comer of Block 21 of said plat; There leaving said easterly right-of-way line N 90000'00" E, along the southerly line of said Block 21, 219.00 feet to the Southeast corner thereof and a point on the westerly right-of-way line of SW 69th Avenue (Washington Street); Thence S 00°00'00" W, along said westerly right-of-way line, 60.00 feet to the Northeast corner of said Block 30; Thence leaving said westerly right-of-way line S 90°00'00" W, along the northerly line of said Block 30, 219.00 feet to the Point of Beginning. Containing 0.30 acres more or less. This legal description along with the basis of bearings thereof, was established from the Plat of "West Portland Heights", Washington County Plat Records.