Ordinance No. 15-15 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL ,,
ORDINANCE NO. 15- ! '
AN ORDINANCE VACATING APPROXIMATELY 100 SQUARE FEET OF PUBLIC UTILITY
EASEMENT ALONG SW ASH AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON (VAC2015-00001)AND DECLARING AN EMERGENCY
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard
Municipal Code (TMC) on August 25, 2015, and has been recommended by the Community Development
Department;and
WHEREAS, the approximately 100 square foot utility easement had previously been dedicated to the public;
and
WHEREAS, all affected utility service providers have been given the opportunity to review the vacation
proposal;and
WHEREAS,notice has been mailed to all property owners abutting said vacation area and all owners
in the affected area,as described in ORS 271.080;and
WHEREAS,in accordance with Tigard Municipal Code Section 15.08.120,notice of the public hearing
was posted in the area to be vacated and published in the newspaper;and
WHEREAS, the property owners in the area affected have not objected in writing;and
WHEREAS,the City Council having considered the request on September 15,2015, finds that it is in the
public interest to approve the request to vacate said public utility easement as the public interest will
not be prejudiced by this vacation,as provided by ORS 271.120 and TMC Section 15.08.130.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 100 square foot portion
of public utility easement as shown and described in the attached Exhibits "A" and
"B" legal descriptions and maps of the areas to be vacated),and by this reference,
made part thereof.
SECTION 2: This Ordinance being necessary to allow the Burnham and Ash redevelopment project to
progress, an emergency is declared and this Ordinance shall take effect immediately upon
signing by the City Recorder and the Mayor.
PASSED: By 1,e'Al yj /�7d7� vote of all council members present after being read by number
and title only,flus�~day of Zeig,fCnr Z-t r;2015.
ORDINANCE No. 15- 15-
Page
5- 15Page 1
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this day of 14,kk!Mk�' ,2015.
johra. Cook,Mayor
Mt
d as form:
lb—
City Attorney
c1-15 -l`7
Date
ORDINANCE No. 15-
Page 2
Exhibit A
Parcel 3—Public Utility Easement
Beginning at a point 20.00 feet southerly of station 11+40.08 on the southeast corner of the
Warranty Deed to the City of Tigard in book 940 page 231 of the Washington County Deed records;
thence S 44° 30' 33"W, along the southerly line of said deed a distance of 17.50 feet to a point 37.50
feet off the relocated Burnham Street described above; thence N 43°16'11"W, parallel with the
relocated center line of Burnham Street,a distance of 9.32 feet to a point of curve of a curve to the
left; thence along said curve to the left with a radius of 21.50 feet,a central angle of 74° 59' 56" (a
chord which bears N 80°46' 09"W,26.18 feet) and a length of 28.14 feet to a point of tangency;
thence S 610 43' 53"W a distance of 138.76 feet to a point of curve of a curve to the left and the
True Point of beginning; thence S 38° 16' 07"E a distance of 10.00 feet; thence N 61* 43'
55"E a distance of 10.00 feet; thence N 38° 16'07"W a distance of 10.00 feet; thence S 61° 43'
55"Wa distance of 10.00 feet to the true point of beginning
Containing 100 square feet;
Exhibit B
Proposed Utility Easement Vacatio
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PUBLIC UTILITY EASEMENT
PARCEL 4
0 Easements to remain
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X6 CAPITAL CONSTRUCTION AND FIGURE
o TRANSPORTATION DIVISION B U R N H A M STREET
13125 SW. HALL BLVD.
nGARO, OREGON 97223 EXHIBIT B
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VOICE.- 503-639-4171
FAX 503-624-0752 FILE NO
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