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89-26498 ~ Crist Court ~ Cotswald Meadows No. 3 �o 6 89- 26498 I 0.,P"yfled to G33 a True cony of < + Washington Countytj E� � �a.3 � 1s� � .....a.. CITY OF TIGARD, OREGON ' :�'^^ f•,,. f..�,.�,� T'y c. � ORDINANCE NO. 89-j �';•`� .• r "i' ^ C+t`Y Gr T�gC�.F AN ORDINANCE VACATING A PUBLIC PEDESTRIAN ACCESS EA;E- T"WITHTN MEADOWS NO. 3, A RECORDED SUBDIVISION PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, this particular easement was granted for public pedestrian access purposes and is currently unimproved; and WHEREAS, the Planning Commission, who originally required the easement with the approval of the subdivision plat has now recommended removal of the easement at the request of adjacent property owners; and WHEREAS, the vacation is also recommended by the Department of Community Development; and WHEREAS, all affected service providers including utility companies and emergency services have reviewed the vacation proposal and have no objections; and WHEREAS, in accordance with ORS 271.100, the TMC 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, the Council having held a hearing on May 8, 1989, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.130; and, WHEREAS, the Council finds that it is in the public interest to approve the request to vacate that certain public pedestrian access easement within Cotswald Meadows No. 3, because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following condition is necessary to vacate said land: 1. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. ,.``'THE CXTY OF TIGARD ORDAINS AS FOLLOWS: 141,A �a,Section. 1: The Tigard City Council hereby orders the vacation of that certain -+ : publk pedestrian access easement within Cotswald Meadows No. 3, and shown on y the attgghed Exhibit "A", . and by this reference made part hereof. Secti-'z; -,1': The Tigard City Council further orders that the vacation be subject to.\'Yhe following conditions: RETURN RECORDED DOCUMENT TO: R OTT" RECORDER, TIGARD ORDINANCE NO. 89- /J P 0 BOX 23397 / -- 4/ TIGARD OR 97223 1 x 1. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By V%V N niZ mU U 5 vote of all Council members present after being read by number and title only, this -&�P' day of , 1989. �1 Catherine Wheatley, Deputy Reco er APP D• hi day of v/ , 1989. e ald R. Edwards, Mayor Approved as to form: d City Attorney Date br/Cotswald.rsc ORDINANCE NO. 89- /3 Page 2 EXHIBIT "A" A fifteen foot wide strip of land located in the northwest quarter of Section 4 Township 2 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon being described as follows _ Beginning at the southwest corner of Lot 108, Cotswald Meadows No. 3, a recorded plat, Washington County Plat Records; thence North 010 34' 57" East, on the west line of said Lot 108, 8.95 feet; thence North 580 31 ' 17" East, 106.76 feet to the right—of--way line of S.W. Crist- Ct. ; thence, on said right—of--way line, southeasterly, on a nontangent, 50 foot radius curve concave to the northeast (the chord bears South 310 28' 43" East, 15.00 feet), 15.06 feet; thence South 580 31' 17" West, 116.53 feet to the west line of Lot 107, said Cotswald Meadows No. 3; thence North 010 34' 57" East, on said west line, 8.95 feet to the point of beginning. ef/9329D REGISTERED PROFESSIONAL R'AtVD SURVEYOR J OREGO "81' r M M7 J" 2GION 3 y MAi O ACCOMPANY DESCR" -ION WITHIN THE NE 1/4 NW 1/4 SECTION 4 T2S R1W -N- 1 100' 8700 8800 8900 8600 7D0 CRtST CT 2 cc PROPOSED VACATION (_d�loS 2400 ix 15' PEDESTRIAN PATH W rFy 2500 f 2600 Z L_Or (07 O STATE OF OREGON yr^�Do County of Washington SS N CT WESTBURY I,Donald W. Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. Li Donald W. Mason, Director of * ' Assessment and Taxation, Ex- Otfioio Coun .Clerk � ' cTCD °N'couNn, Doc 89026498 Rect: 11739 51 . 00 06/13/1989 10: 33: 40AM -