91-011542 ~ 74th Avenue ~ Cherry Drive�-� 698
- CITY OF TIGARD, OREGON 91011542
Washington County
ORDINANCE NO. 90- 4I6
AN ORDINANCE VACATING A PORTION OF THE SW 74TH AVENUE RIGHT-OF-WAY
LOCATED SOUTH OF SW CHERRY DRIVE, IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the
Tigard Municipal Code; and
WHEREAS, the purpose of this vacation is to vacate an unimproved portion of SW 74th Avenue that
is not needed for .vehicular access; and
WHEREAS, the abutting property owners, Wayne and Joyce Jolly, support the vacation; and
WHEREAS, all affected service providers including utility companies and emergency services have
reviewed the vacation proposal and have no objections or concerns; 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 hearings on August 27, 1990, October 8, 1990, and December 10,
1990 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 74th Avenue located south of SW Cherry Drive; and
WHEREAS, the Council finds that the following conditions are necessary to vacate said land:
1. The applicant shall provide a 50 foot wide public utility easement. The easement shall be
approved by the Engineering Department and the City Attorney and recorded with Washington
County.
2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy
of,_A1§i)rdiip4ce has been recorded with the Washington County Clerk, Assessor, and Surveyor.
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Certified d to be a True Copy of
Original on file
ORI�NANqE 90- -7
By: At;X_e Lam.
RETLJPN RECORDED DOC[MRri TO: City Recorder-City of Tgar
CITY REODRDER, TIGARD
PO BOX 23397 Date:
TIGARD OR 97223 f _
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THE CITY.. OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of the unimproved portion of SW
74th Avenue located south of SW Cherry Drive, as shown on the attached "Exhibit A" and
described on the attached "Exhibit B", and by this reference made part hereof.
SECTION 2: The Tigard City Council further orders that the vacation be subject to the following
condition:
1. Prior to being recorded, a 50 foot wide nonexclusive public utility easement shall
be dedicated for the area occupied by the public street right-of-way to be vacated.
2. Use of the area subject to the 50 foot wide nonexclusive public utility easement
shall be limited. No building or structure shall be located in the easement area
No fence, wall, pavement, playground equipment or other immovable object or
fixture shall be located in the easement area until after the public utilities have
been installed. No trees, shrubs, bushes, plants or other landscaping shall be
permitted in the easement area until after the public utilities have been installed.
Ground cover such as turf, grass or barkdust is permitted at all times. These
restrictions shall be added to the public utility easement.
SECTION 3: This ordinance be effective on the 31st day after its enactment by the City Council,
approval by the Mayor, and after a certified copy of this ordinance has been recorded
with the Washington County Clerk, Assessor, and Surveyor.
PASSED: By Ufk4n1motAS vote of the Council members present after being read by number and title
only, this 10" day of L)P(12r-&k 1990.
2,t/VLQ J,0
Brine Wheatley, City Recor r
APPROVED: This /day of nyemklu' 1990. /
`Gerald wards, Mayor
74VAC.ORDAd
ORDINANCE NO. 90-71/
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3 EXHIBIT A
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S.W-
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VACATED
S.W. TECH CENTER DRIVE
1 S.W LAt 4AR
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EXHIBIT "B"
That portion of land in Section 1, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon, being more
particularly described as follows:
Beginning at the initial point of Rolling Hills - Plat 2,
recorded in Book 21, on Page 46, in said County's Plat Records;
running thence South 88° 48 ' East a distance of 50.0 feet; thence
North 010 06 ' East a distance of 180.0 feet; thence North 880 48'
West a distance of 50.0 feet; thence South 01° 06 ' West a distance
of 180.0 feet to the point of beginning of this description,
containing 9000 square feet of area.
br/ExhB.vg
STATE OF OREGON
County of Washington SS
I,Jerry R. Hanson.Director of Assessment
and Taxation and Ex- fficio'Oeqorder of Con
veyances for said county',do hereby certify that
the within instrument of writing wat received
and recorded in book of records of said county.
Jerry R. Hanson, Director of
Assessment and Taxation. Ex-
Officio County Clerk
Doc : 91011542
Rech: 50534 53. 00
03/11/1991 11: 53: 27AM
CITY OF TIGARD, OREGON
RESOLUTION NO. go- 55
A RESOLUTION CONCERNING THE VACATION OF A PORTION OF THE SW 74TH AVENUE RIGHT-
OF-WAY LOCATED SOUTH OF SW CHERRY DRIVE, 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 SW 74th Avenue] and
WHEREAS, this portion of SW 74th Avenue is a dedicated public right-of-way,
giving the public rights over the land for street and utility improvements; and
WHEREAS, the abutting property owners, Wayne and Joyce Jolly, support the — -
vacation; and -
WHEREAS, the Tigard City Council finds it necessary and desirable to initiate
vacation proceedings for said easement.
,NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
(1) The Tigard City Council initiates the vacation request with th3
understanding that those property owners who would normally sign a
petition shall be notified by mail of the proceedings and that the
benefitting property owners, Wayne and Joyce Jolly, pay all fees and
charges as set out in TMC 15.08.
(2) A public hearing is hereby called to be held by the City Council on
Monday October 8, 1990 at 7t30 PH 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, and any interested
person may appear and be heard for or against the proposed vacating of
said lands.
(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 September 6, 1990 and
once each week thereafter for five publishings in all.
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.
PAGE 1
RESO:.UTION NO. 90-5 5
(4) The particular portion of the SW 74th Avenue right-of-way to be vacated e-
- is shown and described on the attached pages headed "EXHIBIT A" and
"EXHIBIT B" and by reference made a part thereof. -
PASSED: This. day ofi �il , 1990.
/l
L i
City of Tigard
Council President
ATTEST:
City Recorder - City of Tigard
PAGE 2
RESOLUTION NO. 90-
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S.W. cmc VARNS - ST.
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3 EXHIBIT A
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VACATED
S.W. TECH CENTER DRIVE
S.W LAND OAR
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EXHIBIT B
�A
That portion of land in Section 1, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, being more particularly described as
follows:
Beginning at the Initial Point of Rolling Hills - Plat 2, a subdivision of
record in Book 21, on Page 46, Washington County, Oregon, Plat Records; running
thence South 88048• East, along the south line of safd subdivision, a distance
of 50 feet to the southerly most southeast corner thereof] thence North 01006•
East, along the 'east line of said subdivision (also beifig the east li.nfe of 50
foot wide S.W. 74th Avenue), a distance 'of 180.00 feet to a point: thence
North 88048' West, crossing said S.W. 74th Avenue, to the northeast corner of
lot 43 of said subdivision= thence South 010061 West, along the east line of
said lot 43 (also being the west line of said S.W. 74th Avenue), a distance of
180.00 feet to the Initial Point of said subdivision, being the true-point-of-
bcginning of this description. Contain 9000 square feet, more or lens.
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