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79-049719 ~ 124Th Ave. ~ Brookway And Lake Terrace Subdivisions • RECEIVED FEB - 51980 790497 19 CITY OF TIGARD STATE OF OREGON) City of Tigard ) I , DORIS HARTIG, hereby certify that I am the duly appointed, qualified, and acting Recorder of the City of Tigard, Oregon. t I further certify that I have compared the herewith copy of Ordinance No.79-104 of the City of Tigard with the original in my possession as custodian of the official records of the City of Tigard, and that the herewith copy is a correct transcript of the whole of Ordinance No.79-104 IN WITNESS WHEREOF I have hereunto set my hand and the seal of the City of Tigard this 29 day of November 19 79 d X,ls City Record CITY OF TIGARD, OREGON ORDINANCE NO. 79-J c' 4 AN ORDINANCE VACATING A TRACT OF LAND IN BROOKWAY AND LAKE TERRACE SUBDIVISIONS. WHEREAS, the City Council of the City of Tigard initiated a vacation proceeding in connection with the vacation of the land area described in Exhibits A, B, and C, and notice of the proceeding and of the public hearing concerning the proceeding was given by publication in the Tigard Times once each week for five publishings , notifying all interested persons that a public hearing would be held concerning this vacation on November 26 , 1979; and WHEREAS, notice was posted by the City Recorder as required by Resolution 79-96 at the location of the proposed vacation; and WHEREAS, a public hearing was held in accordance with Resolu- tion No. 79- 96 and the published notice describew above on November 26, 1979; and WHEREAS, it appears that no evidence was given at the public hearing indicating that any person has an objection to the proposed vacation, and no evidence was given suggesting any reason why the area described should not be vacated; NOW, THEREFORE, the City Council of the City of Tigard ordains as follows: 1. ' The City Council finds that the area described in Exhibits A, B, and C does not serve a public purpose and is so situated as to be of no use now or in the future as part of a public street system, park system, greenway system, or other public system of the City. 2. It is in the public interest that the described area be vacated and be made available for the private maintenance and use of the adjacent owners. 3. Because of the location of the subject property the City cannot properly maintain the subject property so as to keep it in a safe and attractive condition without expenditure of public funds far in excess of the value to t::e City of such maintenance. 4 . The area described in Exhibits A, B, and C is hereby vacated, and its ownership shall pass to the abutting owners, as pro- vided by ORS 271. 140 . at This ordinance shall take effect on the 31st day following passage by the Council and signing by the Mayor. PASSED: By LL�iaki in,7 v u 5 vote of all Council members present thisg6 day of IYOUF4--r, k ei-- 1979. RECORDER,- CITY TIGARD SIGNED: By the Mayor, this day of orlPvn � � 1979. t MAYOR, CITY F TIGARD 3 EXHIBIT "A" That portion of land in the Northwest quarter of Section 3, To*,mship 2 South, Range 1 West, Willamette Meridian, Washington County, Oreton, being more particularly described as follows: Beginning at the most Southerly corner of TRACT "C" of BROOKWAY, a subdivision of record in said County; running thence North 500 38' 24" East a distance of 62.23 feet to a 5/8" iron. rod; thence South 010 34 ' 40" West a distance of 166.71 feet to a 5/8" iron rod; thence on a 192.20 foot radius curve to the left, the long chord of which bears North 180 53' 28" West 134.42 feet, an arc distance of 137.33 feet to the point of beginning of this description. Containing 2823.6 square feet, more or less. 124TH AVENUE EXHIBIT "B" That portion of land in the Northwest quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the initial point of LAKE TERRACE, a subdivision of record in Washington County, Oregon; thence South 010 34' 40" West a distance of 11.10 feet* to the true point of beginning; thence running along an 85.00 foot radius curve to the left (having a central angle of 110 19' 34", the long chord of which bears South 560 18' 11" West 16.78 feet) an arc distance of 16.80 feet to a point; thence South 500 38' 24" West a distance of 46.75 feet to a point; thence along a 10.00 foot radius curve to the left (having a central angle of 900 00' 00", the long chord of which bears South 050 38' 24" West 14.14 feet) an arc distance of 15.71 to a point on the East right-of-wag boundary line of fifty foot wide S.W. 124th Avenue; thence South 39 21' 36" East a distance of 4.59 feet to the most Southerly corner of TRACT "C" of BROOKWAY, a subdivision of record in said County; thence North 500 38' 24" East a distance of 62.23 feet to a 5/8" iron rod; thence North 010 34' 40" East a distance of 17.12 feet to the true point of beginning of this description. I EXHIBIT "C" That portion of land in the Northwest quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the initial point of LAKE TERRACE, a subdivision of record in Washington County, Oregon; thence South 010 34' 40" West a distance of 11.10 feet to the true point. of beginning; thence running along an 85.00 foot radius curve to the left (having a central angle of 110 19' 34", the long chord of which bears South 560 18' 11" West 16.78 feet) an are distance of 16.80 feet to a point; thence South 500 38' 24" West a distance of 46.75 feet to a point; thence along a 10.00 foot radius curve to the left (having a central angle of 900 00' 00", the long chord of which bears South 050 38' 24" West 14.14 feet) an arc distance of 15.71 to a point on the East right-of-way boundary lineof fifty foot wide S.W. 124th Avenue; thence South 390 21' 36" East a distance of 4.59 feet to the most Southerly corner of TRACT "C" of BROOK14AY, a subdivision of record in said County; thence along a 192.20 foot radius curve to the right (having a central angle of 400 56' 16", the long chord of which bears South 180 53' 28" East 134.42 feet) an arc distance of 137.33 feet to a point on the West line of LOT #9 of said LAKE TERRACE Subdivision; thence North 010 34' 40" East a distance of 183.83 feet to the true point of beginning of this description. STATE OF OREGON County of Washington SS I, Roger Thomssen, Director of Records and Elections 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. 124TH AVEI UE & (PART OF) TRACT "C" a ROGER THOMSSEN, Director of Records &Elections uEC 3 1, 20 AN '1� 0* p.o. a3397 � , S-X-e 97a a 3