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Resolution No. 81-88 5� CITY OF TIGARD, OREGON RESOLUTION No. 81-Z9 A RESOLUTION CONCERNING VACATION OF CERTAIN SIDE LOT EASEMENTS 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 existing un-used 5 foot wide side lot easements dedicated to the public for utility purposes in the Morning Hill Subdivision, within the corporate boundaries of the City of Tigard, Washington County, Oregon; and WHEREAS, the two - 5 foot side lot utility easements along the originally platted "lot 36" does not serve a public purpose and is so situated as to be of no usefulness now or in the future as part of the public utility system of the City; 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 development and use; and WHEREAS, pursuant to Chapter 271.080 ORS, abutting property owners have 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, September 14, 1981 at 8:00 P.M. at rowler -nior High School Lecture Room, 10865 SW Walnut Street, 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 13th day of August, 1981 and once each week thereafter for five consecutive publishings in all.' "The Recorder be, cnd 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 least two (2) conspicuous places within the area proposed to be vacated, all of said postings to be, accomplished within - the time herein stated. " - T 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." PASSED: By Council on this _[O day of Ag g4 , 1981. 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Wj ' p K` 9' OO 9-�-rj3 I(oZ 02 i(o1 .$ EXHIBIT "B" That portion of land in Section 4, Township 2 South, Range 1 West, Willamette c` Meridian, Washington County, Oregon, being more particularly described as follows: The five foot wide utility easements adjacent to, parallel with and along both sides of the Western and Eastern lot lines of lot 36 in (the plat of) Morning- hill #1 as recorded in Book 45 on Page 15 and as indicated on Exhibit A" attached hereto. I I : is CITY OF TIGARD ` NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF CERTAIN SIDE LOT EASEMENTS IN MORNING HILL SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Pursuant to resolution No. 88 of the City Council of Tigard adopted August 10, 1981, under authority of Chapter 271.130 Oregon Revised Statutes, a public hear— ing will be held by the Council of Tigard at 8:00 P.M. on Monday, September 14, 1981, at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street, Tigard, 3 Oregon, with respect to the proposed vacation of the following described existing un—used 5 foot wide side lot easements dedicated to the public for utility pur— poses in the Morning Hill Subdivision, within the corporate boundaries of the City of Tigard, Washington County, Oregon; and "EXHIBIT B" i That portion of land in Section 4, Township 2 South, Range 1 West,.Willamette Meridian, Washington County, Oregon, being more particularly described as fol— lows: The five foot wide utility easements adjacent to, parallel with and along both sides of the Western and Eastern lot lines of lot 36 in (the plat of) Morning Hill #1 as recorded in Book 45 on Page 15. 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 person 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 10th day of August, 1981. Doris Hartig City Recorder TT Publish August 13,20,27 Sept 3,10, 1981