91-053047 ~ 90th Avenue ~ Elmhurst Street 91053047
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CITY OF TIGARD, OREGON
� R
ORDINANCE NO. 91- I'9
AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW 90TH AVENUE
LOCATED NORTH OF SW NORTH DAKOTA STREET, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
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WHEREAS, the Tigard City Council initiated this vacation request on
a May 21, 1991 in accordance with Section 15.08.040 of the Tigard
Municipal Code; and
WHEREAS, this portion of S.W. 90th Avenue is a dedicated public
right-of-way, giving the public rights over the land for street and
utility improvements; and
WHEREAS, the purpose of this vacation is to vacate an unimproved
portion SW 90th Avenue that is no longer needed because access is
available to all abutting properties; and
WHEREAS, the property owners Charlotte and Daniel Cook and Charles
Hing support the vacation; and
WHEREAS, Portland General Electric requests an overhead easement
for the existing pole and anchor presently in the right of way: and
WHEREAS, all other affected service providers, including utility
companies and emergency services, have reviewed the vacation
proposal and have no objections to it; 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 July 9, 1991 finds
the public interest will not be. prejudiced by the vacation as
provided by ORS 271. 120 and TMC 15.08.130; and
WHEREAS, the Council finds it is in the public interest to approve
the request to vacate the unimproved portion of SW 90th Avenue
located north of the intersection of SW 90th Avenue and SW North
Dakota Street.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
h.. Certified to be s Trus Copy of
ORDINANCE NO. 91- b Origin on PAGE 1
By:
' City8=%1 r-City of and
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Date: I
I �
SECTION 1: The Tigard City Council hereby orders the vacation
of the unimproved portion of SW 90th Avenue located
north of the intersection of SW 90th Avenue and SW
North Dakota Street, as described on the attached
"Exhibit A" and shown on the attached "Exhibit B",
and by reference made part hereof.
SECTION 2: The Tigard City Council further orders that the
vacation by subject to the following condition:
ec
CLn u nerXvY%
1. The applicants shall responsible for
providing an overhea easement for the
existing pole and chor presently in the V �
right of way. toy'-k�I D►'L
�0 u �.
SECTION 3: This ordinance shall be effective on the 31st day CL m�z"104
after enactment by the City Council, approval by C
the Mayor, and after a certified copy has been G�L
recorded with the Washington County Clerk,7f���G� _
Assessor, and Surveyor.
G.
PASSED: By UVIQVIt(fflQ( 5 vote of the Council members present
afte being read by number and title only, this L�&day
of 1991.
Catherine Whe�ateiy, CVtyRecor r
APPROVED: This �l� day of , 1991
Gera . Edwards, Mayor
A owed- as o 0
01
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ORDINANCE NO. 91- 1� PAGE 2
RETURN RECORDED DOGUM 4T TO:
CITY RECORDER, TIGARD
PO BOX 23397
TIGARD OR 97223
EXHIBIT "A"
A tract of land located in the D.C. Graham D.L.C. No. 52 in the southeast
quarter of Section 35, Township 1 South, Range 1 West, Willamette Meridian,
City of Tigard, Washington County, Oregon, described as follows:
Beginning on the east line of Lot 25, Graham Acres, a recorded plat,
Washington County Plat Records, at its point of intersection with the
southwesterly right-of-way line of Oregon State Highway 217; thence South
00'17' West, 160.25 feet on the west right-of-way line of SW 90th Avenue
(formerly Heintz Avenue) to the point of curvature of a twenty foot radius
curve to the right; thence southwesterly on said twenty foot radius curve (the
chord bears South 45055'35" West, 28.11 feet) 31.16 feet; thence North 89034'
East, on the north right-of-way line of SW North Dakota Street, 90.0 feet to
the point of curvature of a 20 foot radius curve concave to the northeast;
thence northwesterly on said 20 foot radius curve (the chord bears North
45004'35" West, 28.46 feet), 31.67 feet; thence North 00017' East, on the east -
right-of-way line of said 90th Avenue approximately 110 feet to said
southwesterly highway right�of-way line; thence northwesterly, on said highway
right-of-way line, approximately 70 feet to the point of beginning.
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1: Memo "CHARLOTT" from KRISTEN
(Express) Doc - 91053047
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Subject: 7/24 10AM PLEASE CONTACT CHARLOTTE COOK 09/24/1991 12: 19: 31pm
MEETING 653-5970
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CITY OF TIGARD
July 24, 1991 OREGON
Ms. Charlotte Cook
16472 South Livsay
Oregon City, OR 97045
Dear Ms. Cook:
Enclosed is a copy of Ordinance No. 91-18 which was approved by the
Tigard City Council on July 16, 1991. This ordinance approves your
application for vacation of a portion of S. W. 90th Avenue. As we
discussed this morning the following condition was stipulated:
The applicants shall be responsible for providing an overhead
easement for the existing pole and anchor presently in the
right of way and underground easement for future conversion to
underground utilities.
I have contacted Ron Pomeroy of the Planning Department. He
advised he will telephone you to help you with the easements noted
above. I can record the ordinance once the condition on the
easements has been met or after 30 days, whichever is later.
If you have any questions or need additional information, please do
not hesitate to contact me.
Sincerely,
Catherine Wheatley
City Recorder
c: Ron Pomeroy
13125 SW Hall Blvd,RO,Box 23397,Tigard,Oregon 97223 (503)639-4171
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Ron Pomeroy
FROM: Cathy Wheatley
DATE: July 18, 1991
SUBJECT: Ordinance No. 91-18
Ron, here is the ordinance (as amended) which was passed by City
Council on Tuesday. The amendment is written in on Page 2.
I'll wait to record the Ordinance until I have received
notification from you that the condition on the easements has been
met or after 30 days, whichever is later.
cwc918.91
CITY OF TIGARD, OREGON
RESOLUTION NO. 91-3 3_
A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW 90TH AVENUE
LOCATED NORTH OF SW NORTH DAKOTA STREET, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
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WHEREAS, a vacation request has been received and filed with the
City Recorder for vacation of a portion of S.W. 90th Avenue; and
WHEREAS, this portion of S.W. 90th Avenue is a dedicated public
right-of-way, giving the public rights over the land for street and
utility improvements; and
WHEREAS, the property owners Charlotte and Daniel Cook and Charles
Hing support the vacation; and
WHEREAS, the Tigard City Council finds it necessary and desirable
to initiate vacation proceedings for said right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
(1) the Tigard City Council initiates the vacation request with
the understanding that those property owners who would
normally sign a petition shall be notified by mail of the
proceedings and that the benefiting property owners, Charlotte
and Daniel Cook and Charles Hing, pay all fees .and charges as
set out in TMC 15.08. Q
(2) a public hearing is hereby called to be held by the City
Council on Tuesday, ; 1991, at 7:30 PM at the Tigard
Civic Center Town Hall Room, 13125 SW Hall Boulevard, within
the City of Tigard, at which time and place the Council shall
hear any objections thereto, and any interested person may
appear and be heard for or against the proposed vacating of
said right-of-way.
3) the City Recorder be, and she is hereby, authorized and
directed to cause to have published . in the Tigard Times, a
newspaper of general circulation in the City of Tigard hereby
designated for such purpose, a notice of said hearing in the
form hereto attached and by this reference made a part hereof,
the first publication to be x-23-, 1991 and once each week
thereafter for five publishings )in all.
:��u�ne
The Recorder be, and she is hereby, further directed to cause
to have posted within five (5) days after the date of first
publication, a copy of said notice in the form attached, at or
near each end of the area proposed to be vacated.
RESOLUTION NO. 91- 3-3 PAGE 1
(4) That the particular portion of granted public right-of-way to
be vacated is shown on the attached sheet headed Exhibit "A"
and by reference made a part thereof.
PASSED: This day of , 1Y9 1
ATTEST: Council President
Mayor ---£may-e€-Td
De pu y Recorder - City Tigard
RESOLUTION NO. 91- _ PAGE 2
NOTICE OF PUBLIC RIGHT-OF-WAY VACATION HEARING
A PORTION OF SW 90TH AVENUE NORTH OF SW NORTH DAKOTA STREET
The Tigard City Council will hold a public hearing on Tuesday,
July 9, 1991 at 7 :30 p.m. at the Tigard Civic Center Town Hall
Room, 13125 SW Hall Boulevard, Tigard, OR to consider the proposed
vacation of a portion of SW 90th Avenue located north of SW North
Dakota Street . The request was initiated by the City Council on
May 21, 1991 at the request of Charlotte and Daniel Cook and
Charles Hing. Any interested person may appear and be heard-for or
against the proposed vacation as said public right-of-way. Any
written objections or remonstrances shall be- filed with the City
Recorder by July 9, 1991 no later than 7 :30 p.m.
(Publish June 6, 13, 20, 27, July 4, 1991)
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