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89-18838 ~ Titan Lane ~ 104th Avenue � CITY OF TIGARD OREGON ��K�_ � ��^�� ORDINANCE 0O. _/{/__ Washington County AN ORDINANCE VACATING 0 PUBLIC UTILITY EASEMENT LOCATED IN LOT 62^ SWANS0N'S ~~� GLEN' H RECORDED SUBDIVISION PLAT' IN THE CITY OF TICARD' 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 reason and purpose for this vacation is to eliminate a certain public utility easement for development purposes; and WHEREAS, all abutting property owners have demonstrated support for the proposed vacation; and WHEREAS' the vacation is recommended by the Planning Commission and the Department of Community Development subject to certain conditions as listed below; 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 .880; and WHEREAS, the Council having held a hearing on March 27, 1089, finds the public interest will not be prejudiced by the vacation as provided by ORS 271 . 120 and TMC Section 15.08. 180; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate that curtain public utility easement, within Lot 62, Swanoon` u Glen' because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1 . The applicant shall submit with the building permit application an agreement on a form provided by the City, that provides the City with a 10' wide access way from S.W. Titan Lane to the public storm drain outfall at the northwest corner of the lot. The agreement shall be recorded before an Occupancy Permit is issued. ' 80_J\Q_ (�� `� �� -3 �),� ��./ �� ~ ,Q;page " ' ��_ -order ~ citw �� .=__ L/ ~ 2 The vacation �' `ll not be effective until thffeotive date of this �. �m�' ordinance, andww^� certified copy of this ordinance hao been recorded with the Washington County Clerk, Hyue000r' and Surveyor. THE CITY OF TICARD ORDAINS AS FOLLOWS: Section : The Tigard City Council hereby orders the vacation of that certain public utility easement' within Lot 62' Swanyon` o Glen' and shown on the attached Exhibit "H"' and by this reference made part hereof. Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions : 1 . The applicant shall submit with the building permit application an agreement on a form provided by the City, that provides the City with a 10` wide access way from S.10 Titan Lane to the pu6lic storm drain outfall at the northwest corner of the lot. The agreement shall be recorded before an occupancy Permit is issued. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk' Assessor, and Surveyor. Section : In no situation shall this ordinance he effective until the 31st day after its enactment by the city Council and approval by the Mayor. This ordinance shall be effective 30 clays after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: 8y U Ai ds vote of all Council members present after being read by number and title, only' this 0^ day of &ACh 1080. Chherine Wheatley, Der%ty Recorder APPROVED: This day of ^ 1984. ZyGerald6 R. EdArds, Mayor Approved as to form: City Attorney Date br/y307D ORDINANCE NO. 89-- Page 2 EXHIBIT "A" A portion of Lot 62, Swanson•s Glen No. 2, a recorded plat, Washington County Plat Records, located in the northwest quarter of Section 14, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the southwest corner of said Lot 62; thence North 890 47.41" East, on the south line of said Lot 62, 10.0 feet; thence North 00' 12.19" West, 80 feet; thence South 89 O 47' 41" West, 10.0 feet to the west line of said Lot 62; thence South 000 12.19" East, 80.0 feet to the point of beginning. /br REGISTERED PROFESSIONAL. LAND SURVEYOR 0REGo JANUARY 15,1987 JON T. MGM #2252 M+ 300 � 3.90 AC. 6900 01 9600 7000 9700 9800 9900 10000 9500 7100 9400 7200 W9100 9000 8800 7300 a . 9300 920o 7400 8800 7500 8700 Soo 7600 S.82 Ac. 7700 78007900 8600 800o 8500 Described Area = 8400 LOT 628100 a 12000 (1900 11800 11700 041 12100 O 8300 r s2oo TITAN LANE 12600 12500 12400 12300 13300 122oo 13400 132oo 13500 12700 12800 12900 13000 3800 3900 4000 4100 4200 4300 13100 13600 KENT STREET 144 00 14300 14200 14100 14000 139 13800 13700 2400 2300 2200 2100 2000 14500 14700 t4806 14900 15000 15100 _N_ STATE OF OREGON 19600 County of Washington SS I,Donald W.Mason,Director of Assessment and Taxation and iQ+f � llGit� Recorder of Con- R i V E R W O O D1 "=100' f veyance or sar�ouy,idp,.(ieepy certify that the within i%&Um#nt..of_wlifil7g Was received and recordsil l bo©1c county. ptiflalcl''1t:; Mason, Director of Ufa xation. Ex- CITY OF TIGARD, OREGON RESOLUTION NO. 89-_1 A RESOLUTION CONCERNING THE VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT, LOCATED IN LOT 62, SWANSON'S GLEN, A RECORDED SUBDIVISION PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of a public utility easement; and WHEREAS, this portion of easement was previously granted for public utility purposes and is currently unimproved; 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) That 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 owner, Titan Properties, Inc. , pay all fees and charges as set out in TMC 15.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, March 27, 1989, 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 easement. (3) That 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 February 23, 1989 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. RESOLUTION NO. 89-ID Page 1 �vrr' (4) That the particular portion of granted public easement proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part thereof. PASSED: This day of ✓ .� �1-�. 1989. ATTEST: Mayor - City of Tigard Deputy Recorder - City of Tig&Vd APPROVED AS TO FORM: City Recorder &C. r31� � Date ke/8564D RESOLUTION NO. 89- 10 Page 2 `err EXHIBIT "A" A portion of Lot 62, Swanson's Glen No. 2, a recorded plat, Washington County Plat Records, located in the northwest quarter of Section 14, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the southwest corner of said Lot 62; thence North 890 47'41" East, on the south line of said Lot 62, 10.0 feet; thence North 00 A 12'19" West, 80 feet; thence South 890 47' 41" West, 10.0 feet to the west line of said Lot 62; thence South 00° 12119" East, 80.0 feet to the point of beginning. /br REGISTERED PROFESSIONAL Lf.AND SURVEYOR ORE GO JANUARY 15,1987 ON T. FEIGION LJ� N #2252 NOTICE OF SWANSON'S GLEN SUBDIVISION (LOT 62) VACATION OF PUBLIC UTILITY EASEMENT The Tigard City Council will hold a public hearing on Monday, March 27, 1989, at 7:30 p.m. at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of a public utility easement within Lot 62, Swanson's Glen, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on February 13, 1989 at the request of Titan Properties, Inc. Any interested person may appear and be heard for or against the proposed vacation of said easement. Any written objections or remonstrances shall be filed with the City Recorder by March 27, 1989, by 7:30 p.m. TT Publish February 23, March 2, 9, 16, and 23, 1989 ke/8564D S 300 6900 3.90 AC'. 9600 7000 9700 9800 99oo l0000 9500 7100 h 9400 r 7200 W 9100 9000 $900 730o Q 9300 9200 7400 8800 7500 8700 Soo 7600 S.82 Ac. 7700 7$00 8600 7900 Sono 8,500 Described Area = 8400 8100 a 12000 (1900 11800 11700 moi• 1200 0 8300 r 82oo TITAN LANE 13300 12600 12500 12400 12300 122bo (3400 13200 13500 1270012800 12900 13000 3800 3900 4000 4100 4200 4300 13100 ♦^ 13600 STREET KENT 13800 ,3700 2400 2300 2200 2100 200014400 14300 14200 14100 14000 139 !4500 14700 14800 14900 15000 15100 _N_ 14600 RIVERWOOD 1 „-1001 wr►a NOTICOF SWANSON'S GLEN SUBDIVISION (LOT 62) VACATION OF PUBLIC UTILITY EASEMENT The Tigard City Council will hold a public hearing on Monday, March 27, 1989, at 7:30 p.m. at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon to consider the proposed vacation of a public utility easement within Lot 62, Swanson's Glen, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by the City Council on February 13, 1989 at the request of Titan Properties, Inc. Any interested person may appear and be heard for or against the proposed vacation of said easement. Any written objections or remonstrances shall be filed with the City Recorder by March 27, 1989, by 7:30 p.m. TT Publish February 23, March 2, 9, 16, and 23, 1989 ke/8564D