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Ordinance No. 99-26 CITY OF TIGARD,OREGON ORDINANCE NO.99-a(9 AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 2,899 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW MAIN STRCET, NEAR THE INTERSECTION OF SW MAIN STREET AND PACIFIC HIGHWAY 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 August, 10, 1999,and has been recommended by the Community Development Department; and WHEREAS, the approximately 2,899 square foot portion of the road had previously been dedicated to the public; and WHEREAS, Main Street has been re-aligned so that the intersection was moved further west to make it closer to a"T"intersection which would facilitate right turn movements;and WHEREAS, the re-alignment resulted in surplus right-of-way, a portion of which was asphalted and is currently utilized as parking for the adjacent business;and WHEREAS,the surrounding properties will continue to have access to public right-of-way; and WHEREAS, the vacated right-of--way continues to be utilized as off-street parking; and WHEREAS,the City will no longer have maintenance responsibility of this area;and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed the vacation proposal and have provided no objections,provided a utility easement is provided to cover existing utility lines; 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 August 10, 1999,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 15.0R.130; and WHEREAS,the Council finds that the following condition is necessary to vacate said land: L A public utility easement over the existing PGE utility lines shall be dedicated. ORDINANCE No.99-Q—&t i:\citywide\ord\VACMain20RD.doc Page i of 2 16-Sep-99 1:08 PM NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 2,899 square foot portion 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 that the vacation be subject to the following condition: 1. A public utility easement covering PGE utility lines shall be dedicated. SECTION 1 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 it i n(k m m ou S vote of all Council embers present after being read by number and title only,thisQL-'` day of o/) ?gym-lO�it_ 1999. L4� Catherine Wheatley,City Recorder APPROVED: By Tigard City Council thi08day of^ , 1999. les Mayor Approved as to form: l�— City A o ey 2,6 K-0 ' Date ORDINANCE No.99- i.\citywide\ord\VACMain2ORD.doc ^ rage 2 of-, 16-Sep-99 1:08 PM !� EXHIBIT A XeD CALL Bow.Ol' SK 3700 e'p J 41m.OOAM 0.e' A• OPMiv wAPipN) ,( � � �Q'� ssm s eau's!•r .t*��. 13 dip. ' •/'�.nnrxw'waar+j ramie �• 3O5.r47'r S 45'45]0•r AS W&T RAARrn VAT lairw V f ANCA � cal/rxcs¢lvAL1f / fRA P' OP05C0 AAG O-'!5.0.00 ro er vA:A rtv R.'es.ar W.R AIVr4r mar cr .0'R+urRaa ./ 1 LEGEND: p sAl'r.k"AMI RPD wM muaw PIA11C CAf srA4iM0 1A4J a AS=Its W4'Al a'/7-2-ee, e Jo•R ROD wM&I r t KIWI-- SrAWW OAO6 t ASrEr r __ �!ti C-J-K D ARALT SPSCR'NICAO wM J/.•MAIC"BRAST w 9 SrAdOW 1S IM,wr-J-i-M • ua'4e(1II faun Af wmv IN. 4Mv R(U I SAL "WI ARANO[AN94NC1aR LT ff"• ACad405 () ACCOW eNIA 0"!1.•'[Y MO 11081 IARCTr OMMOSr w¢r ran SOPAAC nrT SITE PLAN t MAIN STREET d @ PACIfIC HIGHWAY EXHIBIT MAP N PUBLIC RIGHT-Of-WAY VACATION �(rwD is not to scab) ANDY IPAIIJS &ASSVMATES,INC. REGISTERED PROFESSIONAL.LAND SURVEYORS 15%2 BOONES FERRY ROAD LAKE OSWEGO,OREGON 97035 Pii:(503)6363341 FAX:(503)636-0477 PROPERTY DESCRIPTION: Tax Lot 1000,Tax Map 2S 1 2AC DATE: February 12, 1999 JOB NO.: 98221 NAME: Kim&Fran Gritzbaugh LOCATION: SW Main Street Street Vacation—City of Tigard FOR USE ON LEGAL INSTRUMENT A tract of land situated in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning ata 5/8" iron rod on the southeasterly right of way line of Oregon State Highway 99W,which bears S 65016'02"E 871.27 feet from a'/4"iron pipe at the southeast corner of Lot 20, "Amended Plat of North Tigardville Addition"; thence leaving said southeasterly right of way line, S 44°14'30" E 50.44 feet; thence northeasterly on a non-tangent curve to the- right having a radius of 165.00 feet through a central angle of 18100'00"(chord bears N 41007'4T'E 51.62 feet)51.84 feet to a point of tangent;thence along said tangent, N 50007'47"E 37.88 feet to a 5/8"iron rod;thence N 45003'00"W 15.87 feet to the northwesterly right of way line of SW Main Street; thence S 68°39'30" W along said right of way line, 85.55 feet to the intersection with said southeasterly right of way line of State highway 99W; thence S 45045'30" W along said southeasterly right of way line, 10.19 feet to the Point of Beginning. Containing 2,899 square feet. REGISTER1wD PROFESSIONAL. h.A URV OR OREGON! Jmtumy 15.in? HAROLD P.SALO 22"