2017-029247 ~ SW 76th Avenue Washington County,Oregon 2017_029247
S-vac
Stn=O Y LOPEZ 04/12/2017 03:24:55 PM
$25.00$11.00$5.00$20.00$100.00 $161.00
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
886MN. certify that the within instrument of writing was received and
recorded in the book of records of said county.
Richard Hobernicht, Director of
Assessment and Taxation, Ex-Officio
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After Recoding, Return to:
City of Tigard
City Recorder's Office — Records
13125 SW Hall Boulevard
Tigard, OR 97223
Name of Transaction: VACATION
Ordinance No. 17-04
Description: An Ordinance Vacating Approximately 3,485 Square Feet of Public Right of
Way, Which is a Portion of S.W. 76th Avenue in the City of Tigard, Washington County,
Oregon (VAC2016-00002).
OR
After Recoding, Return to:
City of Tigard
City Recorder's Office — Records
13125 SW Hall Boulevard
Tigard, OR 97223
Name of Transaction: VACATION
Ordinance No. 17-04
Description: An Ordinance Vacating Approximately 3,485 Square Feet of Public Right of
Way, Which is a Portion of S.W. 7611 Avenue in the City of Tigard, Washington County,
Oregon (VAC2016-00002).
Cl OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO.17-0"--
AN
7- "AN f-7M)INAINCE CONCERNLNG 71HE VAt:A'"'IO;`v OF AN APPPiOX34ATELY 3,485 SQU:' u-,
FOOT PORTION C)p'PLT3I.T.0 RIGHT OF\'AY B17=TR 1Q1;0NX?N.AS SVG'76-"'AV ENL'E (VAC 2?316-
O()C)02} .IN -1-HE ELDERBERRY RIDGE PLkNNED DEVELOPMENT IN THF,C1'1 Y OAF'1TGARD.
WHEREAS, he approxiaute 3,485 square foot pordon of the public tight-of-way had previously been
dedicated to the-public;and
WfMREM,the applicant,Riverside Homes,has requested that rhe City of Tigard vacate an apprm-dnaaw.3,4195
square foot portion of public right of uTay better kt3own as Sz)%.76:R Avenue as desmbed and shown in E>j-dbit
A:and
lxiiFRl A.S, the purpose. for this vacation is to vacate an unien-proved portion of St's' 76`�Avenue that is rtcy
longer needed for future public use;and.
VVHERE,_, S, the vacation [Lis been initiatecl by ttxc applicant and approval has been recc=rntuended by the
Pla-r3ning C:orir timissic3n and l:3y the Public.Works Director with conditions;and
LVTi-T RP'zAS. all affected. service providers,including utillity compaxties and emergency services, have reviewed
his vacation proposal and the approved k'.1de.tbe.rry Ridge Planned Development;and either have no objecukv--s
or haverecommended mended specific conditions of approval which have.been incorporated into thLi ordinance;and.
WHERE,kS,notice has been mailed to all property mme-rs abutting said vacation area and all property c w-ncrs
within the affected area,as described by ORS 271.+')80;and
tVl-iic ML-kS, in accordance 'Witlz Tigard Municipal Code Section 15.08.120, notice of the public hearing; was
posted in the area to be vacated and published in he xtcwspal�ex;incl
WHEREAS,the:owmer,;of he majority of the area.affected have not:c:ebject3ed in wi iting;and
WHl fiFS,rhe council.havi_3g considered he request on March 7,20,17,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 beeause the
public interesr-will not:bex prejudiced by this vacation as provided by ORS 2'1.1201 and'"ligard Mum cirral Code
Section 15.08.130.
NOW,THEREFORE,T1 iii Cr1 Y"OF TTG„Rr)ORI)A-T.';vS AS IC J,0V'S-
S.E.C-I TON 1: The Tigard City Couridd hereby- orders the va.cation of that certain portion of pub.Uc;. strmt
right:of way, as described on the attached Exhilit A (neap and ltV,:l;-'esc:ription of tine area
to vacated))and by,his reference made parr heiteof.
ORDINANCE No. J7_.0LJ
Pag 1
SECIION 2: Said vacat on is hereby coxidition i and shat be effective 30 days after its passage. by die
Council,approval The i'layor and posting by the City Recorder..
PASSED: By vote of ali council r rm.ibers present after being read by number
and title only,this - cfav cif____ fr�. +'Z�'n ,201.7•
Kelly Burgoyme,.Depptirj City Recorder
APPROVED: By TPP, .rd City Council t1lis ? ` dray of �'r+^G� ,2017.
Q�6 0"
Jobn U ook,Mayor
Appy as to
City A ttorney
" „7 c a
Date ✓ �+' ;
ORDINANC ,No. 17-04
Pace.2
ELDERBERRY
PROJECT NO. 1306-006
OCTOBER, 5,2016
:SW 76P AVENUE-VACATION MSCRIPTION
A TRACT OF LAND SITUATIED IN THE NORTHWES T ONE-QUARTER OF SECTION 21,
TOWNSWX 2 SOUTH,RANGE I WEST,OF THE WILLAMETTE MERIDIAN,lN THE
CITY OF TJGARD,CO(jWrY OF W.ASTUNGTON, STATE OT:OREGON,THE
BOUNDARIES OF WTUCH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT ALONGTM M EAST RIGHT-OF-WAY LINE OF SW 76TH
AVENUE, WIECH BEARS SOUTH 0°21'27" WEST, 115.8 FEET,MORE OR LESS,FROM,
THIS NORT'RWEST CORAIER OF LOT 52"DURHAM ACRES",SAID POINT ALSO BEING
ON THE SOUTHERLY RIGHT-OF-WAY OF,T`UTIME, SW HANSEN LANE;
T HENCE ALONG SAIL")EAST RIGHT--OF-WAY LINE SOUTH 0°21'27"WEST,96.7 FEET,
MORE OR LESS,TO THE NORr.-I LINE OF FUT: U.,OPEN SPACE,TRACT"A";
ITI-!M, CE ALONG SAID NORTH LINE,NORTH 39°52'02"WEST,40.00 FEET TO THE
WEST RICHT-OF-WAY LINE OF SW 76TH AVENUE;
THFNCE ALONG SAID WEST RIGHT-OF-WAY LINE NOR'zII 0°21`27"EAST, 84.5 FEET,
MORE OR LESS,TO SAID SCU:IIEFJ,'.RTGFrr-OF-WAY OF,.TFUTUR.T , SW HANSEN
LANE BEING A POINT ON A NON-TkNGENT 47.00 FOOT RADIUS CURVE,A.RADIAL
L.TNE THROUGH WfUCH BEAILS SOUTH 9°35"23"WEST,MORE OR LESS;
TIIENCE ALONG SAID CURVE,TO THE LEFT',THROUGH AN ANGLE OF 52°54'43",
MORE OR L SS,THE CHORD OF WHICH BEARS NORTH 73°08'00"EAST 41.85 FEET,
MORE OR LESS,AN ARC LENGTH OF 43.413 i EE T TO'M POINT OF BEGINNING.
CONTAIN INO 3,485 SQU ARE FEET,MORE OR.LESS.
BEARINGS ARE BASED ON PLAT OF"PROSPECT. -ADOWS"
PROFS".
SUf�IE'�dR
t
JULY 25, 1990
CAVY R. ANDERSON
2424
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