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Ordinance No. 17-20 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 17-26 AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 2502 SQUARE FOOT PORTION OF PUBLIC RIGHT OF WAY BETTER KNOWN AS SW 74TH AVENUE (VAC2017- 00001) ALONG THE FRONTAGE OF INTERSTATE ROOFING,LOT 16 OF THE FANNO CREEK ACRE TRACTS IN THE CITY OF TIGARD. WHEREAS, the approximate 2502 square foot portion of the public right of way had previously been dedicated to the public;and WHEREAS, the applicant, Interstate Roofing, has requested that the City of Tigard vacate an approximate 2502 square foot portion of public right of way better known as SW 7e Avenue as described and shown in Exhibit A;and WHEREAS, the purpose for this vacation is to vacate an unimproved portion of SW 74' Avenue that is no longer needed for future public use;and WHEREAS, all affected service providers, including utility companies and emergency services, have reviewed this vacation proposal 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 August 22,2017, finds that it is in the public interest to approve the request to vacate that certain portion of the public street right of way for SW 74s' 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 be vacated) and by this reference made part hereof. SECTION 3: Said vacation shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By WULTiAl vote of all council members present after being read by number and title only, this��ay of )2017. ORDINANCE No. 17- to Page 1 Kelly Burgoyne,Deputy City Recorder APPROVED: By Tigard City Council this aA 4ay of ju 32017. Jasider,Council President Approved as to form: City Attorney Date ORDINANCE No. 17-a O Page 2 ANDY PARIS & ASSOCIATES, INC. Registered Professional Land Surveyors 16057 S.W.Boones Ferry Road Lake Oswego,Oregon 97035 Ph: (503)-636-3341 Fax: (503)636-0477 DATE: May 1,2017 Right-of-way Vacation FOR USE ON LEGAL INSTRUMENT EXHIBIT "A" A tract of land situated in the Southeast one-quarter of Section 12, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard,Washington County, Oregon, being a portion of Lots 16, "FANNO CREEK ACRE TRACTS", Washington County Plat Records, being more particularly described as follows: BEGINNING at a point on the Northerly line of said Lot 16 that bears South 89°51'48" West, a distance of 60.03 feet from the Northeast corner of Said Lot 16; thence South 02'05'16" East, a distance of 166.80 feet to the Southerly line of Said lot 16; thence along said Southerly line, North 89°51'48" East, a distance of 15.01 feet; thence North 02'05'16" West, a distance of 166.80 feet to the Northerly line of said Lot 16; thence along said Northerly line, South 89°51'48"West,a distance of 15.01 feet to the POINT OF BEGINNING. Containing 2,502 Square Feet,more or less. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 15,1987 HAROLD P. SALO 2264 EXHIBIT B RIGHT-OF-WAY VACATION BEING A PORTION OF IAT 16 "FANNO CREEK ACRE TRACTS" IN THE SE 1/4 SECTION 12, T.2S., R.M., W.M. CITY OF TIGARD WASHINGTON COUNTY, OREGON MAP 2S 1 2AC I I �\ TAX LOT 1500 LOT 17 S 89'51'48 W 60.03' LOT 16 15.01' Ii N NORTHEAST LL POINT OF CORNER BEGINNING LOT 16 U5 25' 20' 06 W Q� LD I Q Cl RIGHT-OF-WAY O G VACATION N P 2,502 S F. MAP 2S 1 2AC Lry TAX LOT 1700 a o N N U z w Ua J 15.00' — w z 0 0 (w/' LOT 16 15.01' C MAP 2S 1 2DB LOT 15 N 89'51'48' E 0 TAX LOT 500 REGISTERED PROFESSIONAL LA SURVE OR ANDY PARIS AND ASSOGATES, INC. O G N 16057 BOONES FERRY ROAD JANUARY P. 19SALO HAROLD 22644 LAKE OSWEGO, OREGON 97035 PH: 503-636-3_.z 41 PROJECT., 75075EXPIRES: JUNE 30, 2018 DRAWING, 15075Ex2.DwO