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Resolution No. 80-33 4' CITY OF TIGARD, OREGON RESOLUTION No. 80- 3 A RESOLUTION CONCERNING VACATION OF A PART OF A CERTAIN SIDE LOT EASEMENT IN MORNING HILL SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the area illustrated on the attached sheet headed "Exhibit A", and by this reference made a part hereof, consists of a portion of an existing 15 foot wide g side lot easement dedicated to the public for sanitary sewer purposes in Morning I Hill Subdivision, within the corporate boundaries of the City of Tigard, Washington County, Oregon; and WHEREAS, a home was constructed which encroaches upon the easement about 2.52 feet; and WHEREAS, it appears to be in the public interest that the area described on the attached sheet headed "Exhibit B", and by this reference made a part hereof, be vacated and made available for the home located thereon. f i WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners have i petitioned for the initiation of vacation proceedings as authorized in Chapter 271 ORS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIGARD AS FOLLOWS: Section 1: "That the public hearing is hereby called to be held by the City Council of Tigard on Monday, June 9, 1980 at 8:00 P.M. at Fowler Junior High Scnool, Lecture Room, 10865 SW Walnut within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said easements. Section 2: "That the City Recorder, be, and she is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be made on the 7th of May, F 1980 and once each week thereafter for five publishings in all. "The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form hereto attached, at or near each end of the area proposed to.-be vacated, and in addition, the Recorder shall post a copy of said notice in at lease two (2) conspicuous places within the area(s) proposed to be vacation, all of said postings to be accomplished within the time herein stated. Section 3: "That the particular portion of dedicated area proposed to be vacated is described on the attached sheet headed "Exhibit B" and by this reference made a part hereof." t PASSED: By Council on this p day of , 980. �r rl�k ,,. ATTEST: Mayos' w'r Recorder SOLU2 ON No. 80—M: NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF A PART OF A CERTAIN SIDE LOT EASEMENT IN 14ORNING HILL SUBDIVISION IN THE CITY OF TIGARD. WASHINGTON COUNTY, OREGON. Pursuant to resolution of the City Council of Tigard adopted April 28, 1980, under authority of Chapter 271.130 Oregon Revised Statutes, a public hearing will be held by the Council of Tigard at 8:00 P.M. on Monday, June 9, 1980, at Fowler Junior High School, Lecture Room, 10865 SW Walnut Street, Tigard, Oregon, with respect to the proposed vacation of a part of the following described existing sanitary sewer easement in Morning Hill Subdivision in the City of Tigard, Washington County, Oregon. EXHIBIT "B" AREA TO BE VACATED: A tract of land being a portion of Lot 7 "Morning Hili", a duly recorded subdivision in S.E. quarter, section 33, T1S, R1W, W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a point on the south line of a 15 foot wide sanitary sewer easement that is south 1035'57" west, 15.23 feet and south 78023'34" east, 47.25 feet from the north— west corner of said Lot 7; thence continuing along the south line of said sewer easement, south 78023'34" east, 6.56 feet; thence north 11001'35" west, 2.52 feet; thence south 78058'25" west, 6.05 feet to the point of beginning. Any objections or remonstrances against said proposal to vacate said areas may be made in writing and filed with the City Recorder prior to the date of the hearing, and all objections filed prior to the date of hearing will be heard and considered, and any persons having an interest in the proposal may likewise verbally be heard at said time and place. By order of the City Council of Tigard, this 28th day of Aril 1980. City Veftol er TT Publish May 7, 14, 21, 28 and June 4, 1980. t r ff f; RESOLUTION No. 80 '•i EXHIBIT "A" JO oii•••••�s N •• tel` /�� ^1_ __ �_`\ pi�5_ ! �Z.5� °•°••ii•••••••i°j all C. -EL7Ge{= �� TDP O� `1 �� 1 �_ ••••••°•°°°••i•i , •1S`I-IIVc� Gds-.��� I � 1 I 0 i 1 i f 1 LO-F 1 i t i RESOLUTION No.