Ordinance No. 17-04 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 17-0't
AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 3,485 SQUARE
FOOT PORTION OF PUBLIC RIGHT OF WAY BETTER KNOWN AS SW 76m AVENUE (VAC 2016-
00002) IN THE ELDERBERRY RIDGE PLANNED DEVELOPMENT IN THE CITY OF TIGARD.
WHEREAS, the approximate 3,485 square foot portion of the public right-of-way had previously been
dedicated to the public;and
WHEREAS,the applicant,Riverside Homes,has requested that the City of Tigard vacate an approximate 3,485
square foot portion of public right of way better known as SW 76`'Avenue as described and shown in Exhibit
A;and
WHEREAS, the purpose for this vacation is to vacate an unimproved portion of SW 76'Avenue that is no
longer needed for future public use;and
WHEREAS, the vacation has been initiated by the applicant and approval has been recommended by the
Planning Commission and by 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 Elderberry Ridge Planned Development 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 76''Avenue 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. 17-04
Page 1
SECTION 2: Said vacation is hereby conditioned and shall be effective 30 days after its passage by the
Council,approval 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 Z—'x day of M&r'Gk ,2017.
Kelly Burgoyne,Deputy City Recorder
APPROVED: By Tigard City Council this day of ln<<-r-Ll —52017.
John ook Mayor
i
Approvs to
ot
City Attorney
3-7-49
Date
ORDINANCE No. 17-04
Page 2
76th Ave
ROW Vacation
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ELDERBERRY
PROJECT NO. 1306-006
OCTOBER, 5,2016
SW 76TH AVENUE-VACATION DESCRIPTION
A TRACT OF LAND SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 21,
TOWNSHIP 2 SOUTH,RANGE 1 WEST,OF THE WILLAMETTE MERIDIAN,IN THE
CITY OF TIGARD,COUNTY OF WASHINGTON, STATE OF OREGON,THE
BOUNDARIES OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT ALONG THE EAST RIGHT-OF-WAY LINE OF SW 76TH
AVENUE, WHICH BEARS SOUTH 0°21'27" WEST, 118.8 FEET,MORE OR LESS,FROM
THE NORTHWEST CORNER OF LOT 52 "DURHAM ACRES", SAID POINT ALSO BEING
ON THE SOUTHERLY RIGHT-OF-WAY OF,FUTURE, SW HANSEN LANE;
THENCE ALONG SAID EAST RIGHT-OF-WAY LINE SOUTH 0021'27" WEST,96.7 FEET,
MORE OR LESS,TO THE NORTH LINE OF FUTURE,OPEN SPACE,TRACT"A";
THENCE ALONG SAID NORTH LINE,NORTH 89°52'02" WEST,40.00 FEET TO THE
WEST RIGHT-OF-WAY LINE OF SW 76TH AVENUE;
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE NORTH 0°21'27"EAST, 84.5 FEET,
MORE OR LESS,TO SAID SOUTHERLY RIGHT-OF-WAY OF,FUTURE, SW HANSEN
LANE BEING A POINT ON A NON-TANGENT 47.00 FOOT RADIUS CURVE,A RADIAL
LINE THROUGH WHICH BEARS SOUTH 9035'23" WEST,MORE OR LESS;
THENCE ALONG SAID CURVE,TO THE LEFT,THROUGH AN ANGLE OF 52°54'43",
MORE OR LESS,THE CHORD OF WHICH BEARS NORTH 73008'00"EAST 41.88 FEET,
MORE OR LESS,AN ARC LENGTH OF 43.40 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,485 SQUARE FEET,MORE OR LESS.
BEARINGS ARE BASED ON PLAT OF"PROSPECT MEADOWS"
REGISTERED
PROFESSIONAL
D SURVEYOR
ORE
JULY 25, 1990
GARY R. ANDERSON
2434
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EXHIBIT — Affected Area DAA
DRAWN BY
Nov. 2016 111 WESTLAKE SW 76th Right—of—Way Vacation CHECKED BY KLS CONSULTANTS MO
REMSON RNGUMMG ♦ SURPHYING ♦ PLANNING
ELDERBERRY Subdivision — Riverside Homes o e
JOS NO. � Y,emit 160 e°°ea-oi r
1 —006