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Resolution No. 82-80 CITY OF TIGARD, OREGON RESOLUTION NO. 82- A RESOLUTION CONCERNING VACATION OF PORTIONS OF S.W. 72ND AVENUE, " DEDICATED pnnl.IC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON WHEREAS, the area described on the attached sheet headed "Exhibit A" and by this reference made a part hereof, is an undeveloped unused portion of street dedicated to the public for highway purposes; and WHEREAS, the area described on said Exhibit "A" lies within the corporate boundaries of the City of Tigard, Oregon; and me WHEREAS, said described area does not serve a public highway purpose and is so situated as to be of no usefulness now or in the future as part of the public street system of the City; and WHEREAS, the party which will accrue property by virtue of the vacation is dedicating, at less than appraised cost, to the City of Tigard another right-of-way parcel necessary in the completion of L.I.D. 21 - S.W. 72nd Avenue Street Improvement; and WHEREAS, it appears to be ' the public interest that the said area be vacated and restored , � the tax rolls and made available for development and use; and WHERWAS, pursuant to ORS 271.130 the City Council may initiate vacation proceedings as authorized by ORS Chapter 271; NOW, THEREFORE, BE IT RESOLVED by the City Council of Tigard as follows: 1. That the public 'nearing is hereby called to be held by the City Council of Tigard on Monday, Sept. 13, 1962, at Fowler Junior High School Lecture Room, 10865 S.W. Walnut Street, within the City of Tigard, beginning at 7:30 p.m. , at which time and place the Council shall hear any objections to the proposed vacation so that any interested person may appear and be heard for or against the proposed vacating of said lands. 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 as Exhibit "B" and by this reference made a part hereof, the first publication to be made on the 12th day of August, 1982, and once each week thereafter for four publishings in all. Georae H. Killian RESOLUTION No. 82- Page 1 The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, 4`: a copy of said notice in the form hereto attached as Exhibit "B" i n 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. 3. That the particular portion of dedicated street proposed d® to be vacated is described on the attached sheet headed Exhibit and by this reference made a part hereof. 4. That the vacation ordinance shall not be effective until such time as the other right-of-way under the control of George H. Killian, and necessary for the improvement of the 72nd Avenue project, is acquired by the City of Tigard. PASSED: By Council on the 26th day of July, 1982. Mayor - City of Tigard ATTEST: Recorder - Ci-ty of igard 4 f F RESOLUTION NO. 82-_Yo Page 2 EM EXHIBIT "A" r Two parcels of land rncre particularly described as follows: Parcel I: Being a portion of S.W. Upper Boones Ferry Road also being that portioin of -:.c tract !aescrit'ed in Fee No. 78-28456 as ExYxibi_t B-2) dedicated'to the public (City of Tigard) in the northwest s of the northeast a of Section 1.3, T.2S. , P..1:d-. W.M, , City of Tigard, Washington County Oregon more particularly described as being that portion of said Exhibit B-2, Fee No. 78-28456 that lies northwesterly of a line that is northwesterly 30 feet at Light ang3_es and parallel to the following described centerline: Beginning at a point of curve in the existing centerline of County Road A-138 that is S 8900510411 E 26.910 feet and S 48°41142" W 214.478 feet from the recognized East 1/16 corner on the line between said Sections 12 and 13, said 1/16 corner beinci shown as Point No. 289 on Washington County Survey No. 19,127; thence tracing the centerline northeasterly along a 450 foot radius curve to the left through a central angle of 4903'18" 385.277 feet (long chord bears N 24'10'03" E 373.62 feet) to a point of tangency and the end of the foregoing described centerline, said ending point lies N 89043104" E 20.00 feet and N 0021'36" W 198.78 feet from the previously said 1/16 corner (Point No. 289). Contains 572 square feet more or less. Parcel II: Being a portion of S.W. 72nd Avence al=o being that the +-,-act (described in Fee No. :'k 3456 as Exhibit B-1) dedicated to the public (City of Tigard! in the southwest of the southeast % of Section 12, T.2S., R-.7-, W.M. , City of •I i.gard, Washington County, Oregon more particularly described as being treat portion of said Exhibit B-1, Fee No. 78-28456 that lies westerly of a line that is westerly 30 feet at right angles and parallel to the following described centerline: Beginning at a point of curve in the existing centerline of County Road A-138 that is S 89,05104" E 26.910 feet and S 48141142" W 214.478 feet from the recognized East 1/16 corner on the line between said Sections 12 and 13, said 1/16 corner being shown as Point No. 289 on Washington County Survey No. 19,127; thence tracing the centerline northeasterly along a 450 foot radius curve to the left through a central angle of 4903'18" 385.277 feet (long chord bears N 24110103" E 373.62 feet) to a point of tangency; thence N 0°21136" W 2447.58 feet to a point and the end of the foregoing described centerline, said ending point lies N 89,40144" E 20-00 feet from an iron pipe with a brass cap at the recognized 1/16 corner, said 1/16 corner ` shown as Point "P" on County Survey No. 13,247. Contains 946 Square feet more or less. RESOLUTION No. 82-80 EXHIBIT "A" EXHIBIT "B" NOTICE OF STREET VACATION PUBLIC HEARING Rr:LATING TO PORTIONS OF S.W. 72ND AVENUE, A DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. ® Pursuant. Lo Resolution No. 82-8C) ~ of t_. nCouncil City ouncil of Tigard, adopted July 26, 1982, under authorityofORS 271.130, a public hearing will be held by the Council of Tigard at 7:30 p.m. on Monday, Sept. 13, 1982, at Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon, with respect to the proposed vacation of the following described portions of S.W. 72nd Avenue, a dedicated public right-of-•ray in the City of Tigard, Washington County, Oregon. ` Two parcels of land more particularly described as follows: Parcel I: Being a portion of S.W. Upper Boone s Ferry Road also being that portion of the tract (described in Fee No. 78-28456 as Exhibit B-2) dedicated to the public (City of Tigard) , in the northwest ; of the northeast < of Section 13, T.2S. , R.1W., W.M„ City of Tigard, Washington County, Oregon more particularly described as being that portion of said Exhibit B-2, Fee No. 78-28456 that lies northwesterly of a line that is northwesterly 30 feet at right angles and parallel to the following described centerline: Beginning at a point of curve in the existing centerline of County Road A-138 that is S 89°05'04" E 26.910 feet and S 48'41'42" W 214.478 feet from the recognized East 1/16 corner on the line between said Sections 12 and 13, said 1/16 corner being shown as Point No. 289 on Washington County Survey No. 19,127; thence tracing the centerline northeasterly along a 450 foot radius curve to the left through a central angle of 49003118" 385.277 feet (long chord bears N 2410'03" E 373.62 feet) to a point of tangency and the end of the foregoing described centerline, said ending point lies N 89�43'04" E 20.00 feet and N 0121136" W 198.78 feet from the previously said 1/16 corner (Point No. 289) . Contains 571 square feet more or less. Parcel II: Being a portion of S.W. 72nd Avenue also beling than= portion of the tract (described in Fee No. 78-28456 as Exhibit B-1) dedicated to the public (City of Tigard) , in the southwest ; of the southeast < of Section 12, T.2S. , R.1W., W.M. , City of Tigard, Washington County, Oregon more particularly de scribed as being that portion of said Exhibit B-1, Fee No. 78-28456 that lies westerly of a line that is westerly 30 feet at right angles and parallel to the following described centerline: .� RESOLUTION No. 82-80 EXHIBIT "B" - 1 Beginning at a poir.t of curve in the existing centerl4,, of County Road A-138 that is S 8905104" E 26. 910 fF tet and S 48141142" W 214.478 feet £rte^ the recognar_d East 1/16 corner on uhe lire between said Sectio-ins and 13, said 1/16 corner being shown as Point No. 289 on Washington County Survey No_ 1;,127; thence tracing the centerline northeasterl -''.,ng a 450 foot radius curve to the left throuoh ,xntrai angle of 49'03118" 385.277 feet (long .-r::. CL bears N 2410103" E 373.62 feet) to a point of tangency; thence N 0°21'36" W 2447.58 feet to a point and the end of the foregoing described centerline, said ending point lies N 8940144" E 20.00 feet from an iron pipe with a brass cap at the recogniz,--d 1/16 corner, said r 1/16 corner shown as Point "P" on County Survey No. 13,247. Contains 946 square feet more or less. Any objecti• ac or remonstrances agal_nst said proposal to vacate said areas may be made in writing and filed with the City Recorder prior to the date of the `-caring 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. saw By Order of the City Council of Tigard, this 26th day of July, 1982. ; Doris Hartig City Recorder TT Publish July 29, and August 5, 12, 19, 1982 I ' I RESOLUTION No. 82- 80 EXHIBIT "B" - 2 E y ' [� .4 Yeo pfPerM:f ofeaf�� jF1 er Boones �E"+ Road rd j" Additional Right of Way I i r 40 _____--p} +_58_4 4 / IV r ~ Assessment Id ntt. No_• 46b-46c 1 Tax Lot No.: $00-900 Tax Map No.: 2S-1-120C Deed Reference: Fee No. 79.043350 30 x Fee No. 79.043351 m Additiuu.,r right of Way contains '�^ �o th 2480 square feet more or less. �'� i Al- '" �"� r ' 1 Scale: 1"=50' Center Line i Date: 9117111 Curve Data ' A==49 03.18'• U,a' ry rou.• �.= Rad = 450,00 ' Arc 385.277 + .cQ' 1 20.Y '4 a 269 PI � �, ��/iJ /\ `mac ' 1I'Vashiagton l Count Monumen //"• ;p' Point of Beginnin of County Road No.922 Proposed Centern .ati Recognized East O io p� I/16th corner Linn_ Intersection ��Q4 (CS 19,127 25 + 63.08 Boones Fer•r Rd, ,� Pt, No. 289), 35 + 22.238 72.-•d Avc• /O"SY,O,.Lo fear/ eS Q'oa V et��O ca9 L 20 JQQ / 40 y LE H1AS 8 ASSN L,?cS, IIaC• RIGHT OF WAY ACOuI51T10N11AP CXu.1TE V-AGC CENTER LID Nc. 21 74511$.1 COPi ERCE C I2c�.' - W::."S ILLE, OREGG:'.Lrll/lb CITY OF TicARD (503) 692-2450 __J