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Ordinance No. 99-09 CITY OF TIGARD,OREGON ATTACHMENT 1� ORDINANCE NO.99- ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 28,645 SQUARE OOT PORTION OF A DETOUR EASEMENT ALONG SW 135TH AVENUE IN THE CITY OF T 1GAlRcD,`WAST IIN GTON COUNTY,OREW GON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15,08.040 of the Tigard Municipal Code on February 23, 1999 and approval has been recommended by the Community Development Department; -- WHEREAS,the approximately 28,645 square foot portion of said easement had been previously dedicated to the public per Easement Document 89-20392 for the purpose of providing a detour during the construction of SW 135 'Avenue; and WHEREAS,Southwest 135x'Avenue has been improved and the detour easement is no longer necessary; and WHEREAS,a11 affected 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 Municip;tl Code Section 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 April 13, 1999, finds that it is in the public interest to approve the request to vacate said detour easement as the public interest will not be prejudiced by this vacation,as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 28,645 square foot portio~ of detour easement as shown and described on the attached Exhibits A and B(map and legal of of the area to be vacated),and by this reference,made part thereof. 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 U nan t mc)u S vote o, all Council members present after being read by number and title only,this/fin day of � i(- 1999. 8&0M.0 U Catherine Wheatley,City Recor r :Zcol-1F,'—MayV 1999. APPROVED: By Tigard City Council this /3 , C Approved as to form: amity tt mey zy-i Date ORDINANCE No.54- Bcitywide\ordwacl35th2.0rd (4/13/99 City Council Public Nearing) 03/24/99 5:40 PM ATTACHMENT 1: "EXHIBIT a" MMS C z 0 uiOPPa ca z s HAWK'S z BEARD M z �- s CL _ r tr! �- c9 �- LL AREA TO 6E VACATED O _ ou V r T- VICINITY MR T sly!13A'U AVENVE EXHIBIT N oEronR EASEMENTVACAT110N ' 'ma is riot to scale • ATTACHMENT 1: "EXHIBIT B" DESCRIPTION FOR THE VACATION OF DETOUR EASEMENT A PORTION n�'6' E TRACT OF LAND IN THE EAST 1/2 OF SECTION 33 iaa Va��aVa• V TOWNSHIP I SOUTH RANGE ONE WEST WI L.LAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED RECORDS WHICH IS N 010 38'40"E 233.21 FEET FROM THE SOUTHEAST CORNER OF S�DE DICATION DEED; THENCE N Oi 6 30'40"E,ALONG SAID EAST LINE,A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF PARCEL 1 PARTITION PLAT 1996-059 AND THE TRUE POINT OF BEGINNING;THENCE N 01°38'40"E,ALONG SAID EAST LINE,A DISTANCE OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR EASEMENT; THENCE S 380 21'20"E A DISTANCE OF 155.57 FEET'TO A POINT 100.00 FEET EASTERLY OF(WHEN MEASURED AT RIGHT ANGLES)SAID EAST LINE; THENCE S 01-38'40"WA DISTANCE OF 227.66 FEET; THENCE S 410 38'40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF PARTITION PLAT 1996-059; THENCE N 60°30'26"W,ALONG SAID NORTH LINE,A DISTANCE OF 8.42 FEET THENCE N 58°35'39"W ALONG SAID NORTH LINE A DISTANCE OF 47.34 FEET; THENCE N 58 44'38"W,ALONG SAID THE NORTH LINE,A DISTANCE OF 39.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING. CONTAINING 28645 SQUARE FEET. e ATT MHMEHT 2 CITY OF TIGARD,OREGON RESOLUTION NO.99 jj A RESOLUTION INITIATING THE VACATION OF A 28;645 SQA1 RE FOOT DETOUR EASEMENT ALONG SW 135TH. WHEREAS,the approximately 28,645 squaw foot portion of easement had previously been dedicated to the public for the purpose of providing a detour during the construction of SW 135th;and WHEREAS,SW 135 'has been improved and the detour easement may no longer be necessary;and WHEREAS,the poiitioner io re„"Pet;no that the City of Tigard initiate Vacation proceedings to vacate the ;gyp pmYi_m-ately 28,645 square foot portion of detour easement along SW 135"' Street, south of the Summer Creek Apartments;and WHEREAS,the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested detour easement vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 28,645 square feet detour easement along SW 13d, south of the Summer Creek Apartments, as more particularly described in Exhibit "A" and Exhibit"B"and by reference,made a part hereof.' Section 2: A public hearing is hereby called to be held by the City Council on Tuesday,April 13, 1999, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the 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 vacating of said public easement. 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 public hearing, the first publication to be on March 25, 1999 and the final publication to be on April 1, 1999. The Recorder is further directed to cause to have posted within five(5)days after the date of first publication,a copy of said m3tice at or near each end of the area proposed to be vacated. PASSED: This �r� day of 1999. or-City of Tigard ATTT: City Recorder City of Tigard RES01,1117I0N NO.99- i-.V:itywiddVCAVacl3 .res Page 1 oft 8-Febnmy-99 Julia PH ' EXHIBIT A DESCRIPTION FOR THE VACATION OF DETOUR EASEMENT A PORTION OF THE TRACT OF LAND IN THE EAST 1/2 OF SECTION 33 TOWNSHIP 1 SOUTH RANGE ONE WEST WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF DEDICATION DEED RECORDED IN FEE NUMBER 89-20392 OF THE WASHINGTON COUNTY DEED RECORDS WHICH IS N 010 38'40"E 233.21 FEET FROM THE SOUTHEAST CORNER OF SAID D8DICAT TLON DELED; THENCE N 010 38'40"E.ALONC*SAM EAST LINE,A DISTANCE OF 145.71 FEET TO THE NORTHWEST CORNER OF PARCEL 1 PARTITION PLAT 1996-059 AND THE TRITE POINT OF BEGINNING;THENCE N 01°38'40"E,ALONG SAID EAST LINE,A DISTANCE OF 320.29 FEET TO THE MOST NORTHERLY CORNER OF SAID DETOUR EASEMENT; THENCE S 38°21'20"EA DISTANCE OF 155.57 FEET TO A POINT 100.00 FEET EASTERLY OF(WHEN MEASURED AT RIGHT ANGLES)SAID EAST LINE; THENCE S 01*38'40"W A DISTANCE OF 227.66 FEET; THENCE S 410 38'40"W A DISTANCE OF 26.65 FEET TO THE NORTHERLY LINE OF PARTITION PLAT 1996-059; THENCE N 600 30'26"W,ALONG SAID NORTH LINE,A DISTANCE OF 8.42 FEET THENCE N 580 35'39"W ALONG SAID NORTH LINE A DISTANCE OF 47.34 FEET; THENCE N 58°44'38"W,ALONG SAID THE NORTH LINE,A DISTANCE OF 39.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING. CONTAINING 28645 SQUARE FEET. �. EYHBIT c �G� C 0 W (f9 Z HAWK'S Z SEAR® M 4 CL _ CL Lo co I-- U. AREA TO BE VACATED 0 V ch C9 VICINITY MAP t SW 135T8 AVENOE EXHIBIT N DETOOR EASEMENT VACATION Is not to scale