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Resolution No. 98-40 y CITY OF TTGARD,OREGON RESOLUTION NO.98- A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW 66TH AVENUE IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON. WHEREAS, SW 66'"Avenue is a dedicated public right-nf-way giving the public rights over the land for street and utility improvements;and WHi-REAS, the City of Tigard, by Resolution No. 81-12 and pursuant to the terms of ORS 271.330, accepted from the State of Oregon a certain parcel of real property located within the city limits of the City of Tigard to be used and maintained by the City as part of 66"'Avenue in its City street system;and WHEREAS,Pacific Realty Associates,L.P.(PacTrust'')would like to acquire a portion of the right-of-way deeded to the City of Tigard by the State of Oregon and has requested the City to relinquish that portion to the State of Oregon;and WHEREAS,the City of Tigard no longer believes that a portion of said property is necessary for use by it as a City street and now wishes to convey said portion of property back to the State of Oregon Department of Transportation for disposition;and WHEREAS,pursuant to the terms of ORS 271.330(1),the City has the authority to relinquish title to its real property not Necessary for public use by it;and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said right-of-way. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council initiates the vacation proceedings with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings;and SECTION 2: A public hearing is hereby called to be held by the City Council on Tuesday,September 8, 1998, at 7:30 PM at the Tigard City Hall, Town Hall Room, 13125 SW Hall Boulevard,within the City of Tigard,at which time and place the Council shall hear any objections hereto,and any interested person may appear and be heard for or against the proposed vacating of said right-of-way;and SECTION 3: The City Recorder be, and (s)he 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 on August 20, 1998, and the final publication to be on August 27,1998. RESOLUTION NO.98-L d Page 1 The Recorder be.and(s)he is hereby,further directed to cause to have posted within five (5)days after the date of first publication,a copy of said notice at or near each end of the area proposed to be vacated;and SECi'ION 4: The particular portion of granted public right-of-way to be vacated is as described on the attached shtet labeled Exhibit"A,"and as shown on the attached sheet labeled Exhibit "B", which by reference are both made a part herecf. PASSED: This day o` 1998. s C. ;1 avm' M-City of Tbprd ATTEST: Kz�lt'4�ol� City Recorder-City of Tigard Ask I:6tywiddVe\66va=' RESOLUTION NO.98-1—*10 Page 2 Weddle&Associates,Inc. Professional Land Surveyors 1760 Porrttland,llOnpoBlvd, 97221 105 *ILDDLEd OFFICE(603)282TOLL FREE(86e)222-9083 FAX ( FAX (60.9)282-0959 9S'rOCIATEs\�� June 1, 1998 Job No. 2778EX2 EXHIBIT "A" LEGAL DESCRIPTION: A tract of land, 'oeing part of SW 66th Avenue (Garfield St.) and vacated SW Irving Street (Ninth St.) of "WEST PORTLAND HEIGHTS" relinquished to the City of Tigard by Resolution No. 600, situate in the northeast quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, County of Washington and State of Oregon more particularly described as follows: Beginning at the northeast corner of Lot 8, Block 37, WEST &ORTLAND HEIGHTS, a duly recorded subdivision in Washington County; thence South 04004127" East, 487.45 to the northeast corner of that certain !tract of land described in Special Warranty Deed recorded as Document_ Number 98006851, Washington County Deed Records; thence along the north line thereof North 88036'27" West, 56.38 feet to the intersection of the south line of vacated SW Irving Street with the southerly extension of the east line of Block 37, WEST PORTLAND HEIGHTS, aforesaid; thence northerly along said southerly extension and east line of Block 37 North 02033-58" East, 485.34 feet to the point of beginning. Containing therein 13,679 square feet. (0.314 acres more or less) REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 21.1997 C. R.PELSER 2801 EXPIRES 12/31/1998 S.W. Hampton St. Sa*2a'sE asp' M72 qq& CA krn D \ =C:PD I. � . R CD co co fr 2 _ § \k *§ k o 4� � k �\ § �-4 ke 9 k 2� dr," $ ® �2 \ , \Q V 9 Q db § Co § %�)/ $/ ) yCD xMI 2/G �\ 3 § n � � A mOek ƒ - . 0 n Ia' �E�a ---- o \ 0 . Ns�e'7« @ 77 '00S m o � §2 \ OD �g z v � oo m x N