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Ordinance No. 17-03 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 17-o---T AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 2.15 ACRE PORTION OF PUBLIC RIGHT OF WAY BETTER KNOWN AS SW FRIENDLY LANE (VAC 2016- 00001) IN RIVER TERRACE EAST SUBDIVISION IN THE CITY OF TIGARD. WHEREAS,the approximate 2.15 acre portion of the public right of way had previously been dedicated to the public;and WHEREAS, the applicant, Polygon WLH, LLC, has requested that the City of Tigard vacate an approximate 2.15 acre portion of public right of way better known as SW Friendly Lane,as described and shown in Exhibit A;and WHEREAS,the purpose for this vacation is to vacate a portion of SW Friendly Lane that is no longer needed for public use as a driveway and utility access now that the homes using it have been demolished;and WHEREAS, the vacation has been initiated by the applicant and approval has been recommended by the Planning Commission and the Public Works Director with conditions;and WHEREAS, all affected service providers, including utility companies and emergency services, have reviewed this vacation proposal and the approved River Terrace East subdivision and either have no objections or have recommended specific conditions of approval which have been incorporated into this ordinance;and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all property owners within the affected area,as described by 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 owners of the majority of the area affected have not objected in writing;and WHEREAS,the council having considered the request on March 7,2017,finds that it is in the public interest to approve the request to vacate that certain portion of public street right of way for SW Friendly Lane because the public interest will not be prejudiced by this vacation as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of public street right of way,as described on the attached Exhibit A (map and legal description of the area to vacated)and by this reference made part hereof. ORDINANCE No. 17-03 Page 1 SECTION 2: Said vacation is hereby conditioned and shall be effective 30 days after its passage by the Council,signature by the Mayor and posting by the City Recorder. PASSED: By vote of all council members present after being read by number and title only,this 7—day of /nQ►'Gl'1 ,2017. Kelly Burgoyne,Deputy City Recorder APPROVED: By Tigard City Council this 7 th day of MArC-11 ,2017. r John I-/ -0 k,Mayor Appro as to rm: City Attorney Date ORDINANCE No. 17-03 Page 2 Exhibit A Friendly Ln pop, ROW Vacation `�� SCROLLS FERRY RD _ _ ' VAC2016-00001 ' !. ---�••� MM Areation UW Taxlot LOWKE LN Boundaries Aw r ?�► „. / � y r 49 1 � yi 'r i r,r• � � �r iY- it!. t��°��..� .rte•.-� � � �.i .�. dr t ~ � ,iI'I qL, - /t rdSCWMER� rzr:a sw� .- 1 car P.m.rez.teetwzrsGis-vq.coEy_pop.wiswGm.e EXHIBIT A October 4, 2016 LEGAL DESCRIPTION Job No. 395-041 Right-of-Way Vacation A portion of the Right-of-Way of SW Friendly Lane (County Road No. 3282 Transfer of Jurisdiction), in the Northeast Quarter of Section 6, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon, more particularly described as follows: COMMENCING at the East Quarter Corner of said Section 6; thence along the easterly section line of said Section 6, South 00°00'16" West, a distance of 419.47 feet to a point on the northerly Right-of-Way line of SW Friendly Lane (County Road No. 3282 Transfer of Jurisdiction), being the POINT OF BEGINNING; thence continuing along said section line, South OW00'16" West, a distance of 45.00 feet to a point on the southerly Right-of-Way line of SW Friendly Lane (County Road No. 3282 Transfer of Jurisdiction); thence along said southerly Right-of-Way line, South 89'17'36" West, a distance of 321.15 feet to an angle point; thence continuing along said southerly Right-of-Way line, North 00°01'51" East, a distance of 417.46 feet to an angle point; thence continuing along said southerly Right-of-Way line, North 46°58'09" West, a distance of 81.33 feet to an angle point; thence continuing along said southerly Right-of-Way line, North 89°46'19" West, a distance of 938.50 feet to a point on the West line of the Southeast Quarter of the Northeast Quarter of said Section 6; thence along said West line, North 00°20'12" East, a distance of 60.00 feet to a point on said northerly Right-of-Way line; thence along said northerly Right-of-Way line, South 89°46'19" East, a distance of 947.19 feet to an angle point; thence continuing along said northerly Right-of-Way line, South 46o58'09" East, a distance of 103.20 feet to an angle point; thence continuing along said northerly Right-of-Way line, South 00°01'51" West, a distance of 6.84 feet to an angle point; Page 1 of 3 12564 SW Main Street,Tigard,OR 97223 ♦ [T] 503-941-9484 [F] 503-941-9485 thence continuing along said northerly Right-of-Way line, South 46'58'09" East, a distance of 27.35 feet to an angle point; thence continuing along said northerly Right-of-Way line, South 00°01'51" West, a distance of 391.44 feet to an angle point; thence continuing along said northerly Right-of-Way line, North 89°17'36" East, a distance of 276.12 feet to the POINT OF BEGINNING. Containing 2.15 acres, more or less. Basis of bearings being Survey No. 32,719, Washington County Survey Records. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 9, 2002 TRAVIS C. JANSEN 57751 RENEWS: 6/30/2017 Page 2 of 3 Pacific Community Design, Inc. 12564 SW Main Street,Tigard,OR 97223 ♦ [T] 503-941-9484 [F] 503-941-9485 BOOK 19 / PAGE 519 gW SCHOLLS FERRY ROAD (CR 3110) RIVER TERRACE RIVER TERRACE AREA 3 PARCEL AREA 3 PARCEL 6 DOCUMENT NO. ROW VACATION DOCUMENT NO. 201 POINT OF 2015-074592 COMMENCEMENT 546'58'09"E EAST 1/4 S89'46'19"E 947.19' 103.20' CORNER OF SECTION 6 SW FRIENDLY LANE (CR 3282 T/J) S0001'51"W � 6.84' N89'46'19"W 938.50' S00'20'12"W �r 0 60.OD' N46'58'09"W of 81.33' RIVER TERRACE S46'58'09"E 3 DOCUMENT N0. AREA 3 PARCEL 5 27.35' !n ifl 2010-011206 DOCUMENT NO. w o a, o 2015-0745920 M POB o �n of 0 (n o N89'17'36E 0 Li o 0 276.12' RIVER TERRACE Z _ Of AREA 3 PARCEL 3 >- DOCUMENT NO. RIVER TERRACE S89'17'36"W C3 2015-074592 AREA 3 PARCEL 1 321.15' 3 DOCUMENT N0. WEST LINE OF THE SE 1/4 2015-074592 OF THE NE 1/4 OF S00'00'16"W SECTION 6 45.00' U O Z Z O 0 PARCEL 2 F-- U PARTITION PLAT NO. (n V) a 1995-021 0 0 U 0 3 O c 0 2 c N O m N v P M H O N EXHIBIT A RIGHT—OF—WAY VACATION 0 3 e DRAWN BY: GPs DATE: 10/4/16 REVIEWED BY: TCJ DATE: 10/4/16 12564 SW Main St 7 PROJECT NO.: 395-041 Tigard, OR 97223 Community [T] 503-941-9484 aSCALE: 1"=250' Design [F] 503-941-9485 Z PAGE 3 OF 3