Ordinance No. 93-32 CITY OF TIGARD, OREGON
ORDINANCE NO.
AN ORDINANCE CONCERNING THE VACATION OF A DEDICATED STOM DRAINAGE
EASEMENT ACROSS LOTS 21 THROUGH 31 AND LOT 33, OF THE PLAT OF WOODFORD
ESTATES 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 on October
26, 19931 and
WHSREAs, this easement is a dedicated public easement, giving the
public rights over the land for storm drainage; and
WHEREAS, the purpose of this vacation is to vacate a 15 foot storm
drainage easement which is no longer needed due to the Ammar in which
i the properties were developed and graded; and
WHEREAS, the adjacent properties support this vacation; and
WHEREAS, the vacation has been initiated by the City Council and
approval has been recommended by the Community Development Department;
and
MHAS, all affected service providers, including utility companies
(� and emergency service providers, have reviewed the vacation proposal
and have no objections; 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
271.0801 and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120 the
Recorder posted notice in the area to be vacated and published notice
of the public hearing; and
WHEREAS, the property owners of the majority of the area affected have
not objected in writing; and
WHEREAS, the City Council having considered the request on November 23,
1993, finds that it is in the public interest to approve the request to
vacate that certain portion of storm drainage easement because the
public interest will not be prejudiced by this vacation as provided be
ORS 271.120 and TMC section 15.08.130.
ORDINANCE No. 93- 3-7-
Page
3- .3zPage 1
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
C SECTION is The Tigard City Council hereby orders the vacation of
that certain portion of the public storm drainage
easement as described on the attached exhibit A (map of
area to be vacated) and by this reference made part
there of.
SECTION 2: This ordinance shall be effective 30 days after its
passage by the Council, approval by the Mayor, and
posting by the City Recorder..
PASSED: By U.nc"Yy)(>u s vote of all Council members
present after being read b number and title only, this
day of Q=V � , 1993.
LJ
Catherine Wheatley, City Jjjcorder
APPROVED: This Yd day of , 1 3.
r
Approved as to form:
C y torney
Date
ORDINANCE No. 93- .3.2
Page 2
! 3
s EXHIBIT "A"
EASEMENT TO BE VACATED IN WOODFORD ESTATES
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Ip EASEMENT TO BE VACATED
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E*X%0 tT 15
•_. . }. CITY OF TIGARD, OREGON
RESOLUTION NO. 93- 55
A RESOLUTION CONCERNING THE VACATION OF A STORM DRAINAGE EASEMENT IN
WOODFORD ESTATES
WHEREAS, the plat of Woodford Estates dedicated a storm drainage easement
across Lots 21 through 31 and Lot 33; and,
WHEREAS, it appears that the easement may be unnecessary; and,
WHEREAS, the owners of the affected lots have requested that the easement
be vacated; and,,
WHEREAS, the Tigard City Council finds it appropriate to initiate
proceedings for the requested vacation.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Tigard City Council initiates a request for vacation
of a storm drainage easement along the west boundary of
the plat of Woodford Estates, as more particularly
described in Exhibit "A".
Section 2: A public hearing is hereby called to be held by the City
' Council on Tuesday, November 23, 1993, at 7:30 p.m. at
Tigard City Hall, 13125 SW Hall Boulevard, within the City
of Tigard, at which time and place the Council will hear
any objections thereto, and any interested person may
r` appear and be heard for or against the proposed vacating
t� of said easements.
Section 3: The City Recorder is hereby authorized and directed to
cause to have published in the Tigard Times, a newspaper
of general circulation in the City of Tigard, a notice of
said hearing, the first publication to be November 4,
1993, and the final publication to be on November 11,
1993. The Recorder is further directed to cause to have
posted within five days after the date of first
publication, a copy of said notice at or near each end of
the area proposed to be vacated.
Section 4: The particular public easement to be vacated is shown on
the attached Exhibit "A" and by reference made a part
hereof.
PASSED: This ac-Pq' day o 1993.
ATT: yor -"City of Tigard
City Recorder - City of Ti d
rw/vac-rest
RESOLUTION NO. 93- 6-3
Page 1
EXHIBIT "A" — 4-O4
2�sate
EASEMENT TO BE VACATED �u^
A public storm drainage easement located in the east one-half of
the northeast 1/9 of Section 9, Township 2 South, Range 1 West,
Willamette Meridian, City of Tigard, Washington County, Oregon
dedicated by the plat of Woodford Estates as recorded at Page 16
through 18 in Plat Book 80 in the records of Washington County,
Oregon, and more particularly described as follows:
The west 15 feet of Lots 21 through 31 and the west 15 feet of
Lot 33,
EXCEPT the south 7.5 feet of Lot 29 and the north 7.5 feet of
D
Lot 23.
dj/Exhibit
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RESOLUTION NO. 93-53
Page 2
Swale Evacuation Petition Homeowners
Woodward Estates
We,the undersigned,petition the City of Tigard to formdly vacate the 15 foot public easement,located al the west end of each affected lot,
at present stated to be a public easement for a private surface drainage system.
This request Is made by agreement via a telephone conversation with Cly of Tigard Engineer Randall R.Worley and Theodor R.Pautat of M 23,
The telephone conversation on this subject occurred an Sept 29,1993,at approximal"1 PM from the Hillsboro USA Ocoee.
Owner Sheet Address Sub Signahrres pate
Names Tigard,OR 97224 DN
Lot It
[Done.R.Michael&Pamela 14401 SW 130th 33 _
White.Scott&Lourie 14423 SW 130th 32
Campbell.Paul&Deana 14445 SW 130th 31 _
Wayrnlre,McMn G.Jr&Judith 14467 SW 130th 30
Cincotta,John&Sandra 14481 SW 130th 29
Westerman,James&Karla 14SM SW 130th O 993 /D 3
Doyle,Lany&Gan 14525 SW 130th 27 0� \GpgDL3 'fs-
o
Koszorek,Joseph&Louro 14647SW 130th 26 011 w
• v
Durgin,Ed&A 1450SW 130th 25 �G
Cincotta,Dan&Lisa 14583 SW 130th 24
r
Poulat,Ted&Karon 14606SW 130th 23
Voydat,Beth&Joe 14627 SW 130th 22
Habel,Justin W.&Nancy K• 14649 SW 130th 21 30 6
9/29/93