Resolution No. 18-13 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 18- 13
A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING
VACATION OF PUBLIC SLOPE AND DRAINAGE EASEMENTS ALONG SW ROY ROGERS
ROAD (VACATION NO. 545)
WHEREAS, Washington County Board of Commissioners Resolution and Order No. 17-129 (the Order)
ordered the vacation of the public slope and drainage easements along SW Roy Rogers Road, as dedicated in
Deed Document number 2001-014231, situated in the northeast One-quarter of Section 7,T2S, R1W,W.M.,
City of Tigard,Washington County,Oregon,as described and shown in the attached Vacation Report;and
WHEREAS,after receiving notice of the proposed vacation and prior to the County adoption of the Order,the
City of Tigard reviewed the proposed vacation and concurs with the findings of the County;and
WHEREAS,ORS 368.361 (3) provides that a county body may vacate property that is under the jurisdiction of
the county,and that is entirely within the limits of a city,if the city concurs with the findings of the county.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Based upon the above findings,which are incorporated herein by reference the City Council
concurs with the findings of Washington County as specified in Washington County Board of
Commissioners Resolution and Order No. 17-129.
SECTION 2: A copy of this Resolution shall be provided to the Washington County Surveyor's Office.
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This day of )4611 2018.
Mayo City of Tigard
ATTEST:
City Recorder-City of Tigard Cl
RESOLUTION NO. 18-/_j
Page 1
Washington County,Oregon 2017.096161
12/08/2017 01:19:21 PM
D-VAC Cnt=1 Stn=30 RECORD51
$45.00$5.00$11.00$20,00-Total=$61,00
After Recording Return To: 11111111111 I I I I i N l I 1111111111111
02345819201700961510090099
!.Richard tiobornicht,Director of Assessment and
LUT—MS17 Taxation and Ex•OHIcio County Clark for Wasnington 1�
County,Oregon,do hereby certify that the within 1
instrument of writing was received a d re orded In the{Eel: cb;
book of records of said coin c r
Richard Mobarnicht,Director of Assessment and
Taxation,Ex-Officio County Clerk
AGENDA
WASHINGTON COUNTY BOARD OF COMMISSIONERS
Agenda Category: Public Hearing—Land Use&Transportation (CPO 4B)
Agenda Title: VACATE PUBLIC SLOPE AND DRAINAGE EASEMENTS
ALONG SW ROY ROGERS ROAD,(VACATION NO. 545)
Presented by: Andrew Singelakis, Director of Land Use &Transportation
SUMMARY:
A petition was received by the Board to vacate the public slope and drainage easements along
SW Roy Rogers Road, as dedicated in Deed Document number 2001-014231, situated in the
northeast One-quarter of Section 7,T2S, R1 W, W.M., City of Tigard, Washington County,
Oregon, as described and shown in the attached Vacation Report.
The parcels of land encumbered by the public easements are in the process of being developed,
and due to the proposed improvements, the existing public slope and drainage easements are no
longer needed by the public. Additional right-of-way has been dedicated, and additional public
utility easements have been granted. There will not be any adverse impacts to the public or on the
abutting properties.
The vacation petition was signed by 100% of the abutting property owners. Staff has reviewed
this request and determined the public slope and drainage easements, proposed to be vacated, are
no longer necessary for public use. The proposed vacation is in the public interest.
A Resolution and Order has been prepared granting the requested vacation and,when executed, it
will complete Washington County's portion of the vacation proceedings. These easements are in
the city limits of Tigard. Pursuant to ORS 368.361(3), the City,by resolution and order, must
concur in the findings of the county governing body to complete the vacation proceedings.
Attachments: 1. Resolution and Order
2. Vacation Report with legal description and Map (Exhibit "A")
DEPARTMENT'S REQUESTED ACTION:
Vacate the public slope and drainage easements described in the attached Vacation Report, and
request the City Council of the City of Tigard resolve and order concurrence with this vacation
pursuant to ORS 368.361(3).
COUNTY ADMINISTRATOR'S RECOMMENDATION:
I concur with the requested action.
Agenda Item No. 6.e.
✓ Date: 12/05/17
IN THE BOARD OF COUNTY COMMISSIONERS
FOR WASHINGTON COUNTY, OREGON
In the Matter of the Vacation of the )
Public Slope and Drainage Easements, ) RESOLUTION AND ORDER
Being in the Northeast One-Quarter of)
Section 7, 72S,RIW, W.M., ) NO. 1 2
Washington County, Oregon ) VACATION NO. 545
The above-entitled matter having come on regularly before the Board at its meeting
December 5, 2017; and
It appearing to the Board that a petition has been filed to vacate the public slope and
drainage easements along SW Roy Rogers Road, situated in the Northeast One-quarter of Section 7,
T2S,Rl W, W.M., Washington County, Oregon, as described and shown in the attached Vacation
Report. The petition was signed by owners of 100%of the property to be vacated and by the
owners of 100%of the abutting properties,pursuant to ORS 368.351; and
It appearing to the Board that said petition did describe the easements proposed to be
vacated,the names of the parties to be particularly affected thereby,and set forth the particular
circumstances of the case; and
It appearing to the Board that the easements proposed to be vacated are under the
jurisdiction of Washington County and entirely within the corporate limits of the City of Tigard,
Oregon, as described in ORS 368.361(3); and
It appearing to the Board that the easements proposed to be vacated are no longer needed for
the use of the public; and
It appearing to the Board that the County Road Official did examine the area proposed to be
vacated and hereby submits to the Board the Vacation Report attached hereto,and by this reference
made a part hereof, in accordance with ORS 368.351(1); it is therefore
RESOLVED AND ORDERED that the easements more particularly described in the
attached Vacation Report,are hereby vacated as it is in the public interest. This vacation shall
become final upon the formal concurrence of the City of Tigard by either resolution or order
pursuant to ORS 368.361(3); and it is further
RESOLVED AND ORDERED that the County Surveyor of Washington County, Oregon,
be and hereby is authorized and directed to mark the vacated easements on the plats and records of
Washington County Oregon; and it is further
RESOLVED AND ORDERED that the County Surveyor of Washington County,Oregon, is
hereby authorized and directed to have this order of vacation and the resolution or order of the City
of Tigard recorded in the records of Washington County, Oregon, and cause copies of these orders
to be filed with the Director of Assessment and Taxation and the County Surveyor's office in
accordance with ORS 368.356(3).
Dated this 5th day of December,2017.
BOARD OF COUNTY COMMISSIONERS
AYE NAY ABSEMT FOR WASHINGTON COUNTY, OREGON
DUYCK .�.
SCHOUTEN
MAUNOV00 ...._
ROGERS Chairperson
TEARY .�..
Recording Secretar
Approved as to form
Qni--Q��Q-A__
Co ney D. Duke-Driessen
Assistant County Counsel
Date: ja <ntx5r Ila ZQ. —j
Page 2—R&O No. 17' 121
Vacation No. 545
DEPARTMENT OF LAND USE AND TRANSPORTATION
REPORT ON VACATION NO. 545
December 5, 2017
VACATION OF PUBLIC SLOPE AND DRAINAGE EASEMENTS
A request for vacation proceedings has been received by the staff for the Board of County
Commissioners to Vacate the public slope and drainage easements along SW Roy Rogers
Road. Said easements are described in Exhibit "A" and shown on Exhibit"B", attached
hereto, and by this reference made a part hereof.
The owners of the property abutting the portions of the easements to be vacated are:
2S1 07, TL 103 and 104
ADLV Land Holdings, LLC
7600 E. Doubletree Ranch Road
Scottsdale, AZ 85258
CRITERIA FOR EVALUATION OF PUBLIC EASEMENT VACATION REQUESTS
1) Conformance with the County's Comprehensive Plan
The public easements proposed to be vacated are not required by the Transportation
Plan.
2) Use of the Right-of-Way or Easements
The public slope and drainage easements proposed to be vacated were originally
granted in 2001 to facilitate the widening of SW Roy Rogers Road. SW Roy Rogers
Road is currently scheduled to be widened again and a subdivision development
adjacent to these easements is under review. The Planning and Development
Services and the Engineering and Construction Services divisions have reviewed
this vacation proposal in conjunction with the future needs of SW Roy Rogers Road.
Based upon this review, the adjacent land owners have dedicated additional right-
of-way and granted additional public utility easements along SW Roy Rogers Road
thereby making the easements proposed for vacation no longer necessary for public
use.
3) Impact of Utilities and Emergency Services
Public slope and drainage easements are proposed to be vacated, therefore there
are no adverse impacts to public utility providers or emergency services.
4) Limits of Vacation and Evaluation of"Public Road" Status
The public slope and drainage easements, proposed to be vacated, are not needed
for public use as a result of the widening project taking place and the subdivision
being developed on the adjacent property. The easements are within the city limits
of Tigard and, pursuant to ORS 368.361(3), the city must concur with this vacation
proceeding for it to become finalized.
The limits of the easements proposed to be vacated are logical and justifiable, and
the vacation of these easements will not have any adverse impacts on the public or
the abutting properties.
Based on the above statements, it is recommended that the Board of Commissioners grant
the vacation of the public easements proposed herein, as it is in the public interest.
a A. tockhoff, P.E.
Wa§hKgton County Engineer
EXHIBIT A
October 30, 2017
LEGAL DESCRIPTION Job No. 395-010
Vacation of Permanent Slope 13 Drainage Easement
Vacation of a permanent slope ft drainage easement acquired by Eminent Domain in Court Case
No. C99.1118CV, as recorded in Document No. 2001-014231, Washington County Records, within
Parcels 3 and 4 of the land described in Document No. 2015-058670, Washington County Deed
Records, in the Northeast Quarter of Section 7, Township 2 South, Range 1 West, Willamette
Meridian, City of Tigard, Washington County, State of Oregon, more particularly described as
follows:
COMMENCING at the Northwest corner of the Northeast quarter of the Northeast quarter of said
Section 7;
thence along the northerly Section line of said Section 7, North 89'20'24" East, a distance of
66.86 feet to a point on the easterly Right-of-Way line of SW Roy Rogers Road (County Road No.
3150);
thence along said easterly Right-of-Way line, South 01'45'31" East, a distance of 29.21 feet to
a point of tangential curvature;
thence continuing along said easterly Right-of-Way, along a 5048.55 foot radius tangential curve
to the right, arc length of 38.20 feet, central angle of 00'26'01", chord distance of 38.20 feet,
and chord bearing of South 01'32'31" East to the POINT OF BEGINNING;
thence continuing along said easterly Right-of-Way line, along a 5048.55 foot radius curve to
the right, arc length of 100.38 feet, central angle of 01'08'21", chord distance of 100.38 feet,
and chord bearing of South 00°45'20" East to a point of tangency;
thence continuing along said easterly Right-of-Way line, South 00'11'09" East, a distance of
1095.43 feet to an angle point;
thence continuing along said easterly Right-of-Way line, South 45°25'48" East, a distance of
24.03 feet to the most southerly corner of said Easement;
thence along the easterly line of said Easement, North 00'11'09" West, a distance of 194.77
feet to an angle point;
thence continuing along said easterly line, North 11°29'45" West, a distance of 33.46 feet to an
angle point;
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12564 SW Main Street,Tigard, OR 97223 • [TJ 503-941-9484 [F]503-941-9485
thence continuing along said easterly line, North 00'11'09" West, a distance of 820.21 feet to
an angle point,
thence continuing along said easterly line, North 04'10'30" West, a distance of 165.34 feet to
the POINT OF BEGINNING.
Containing 13,065 square feet, more or less.
Basis of bearings being Survey No. 32,052, Washington County Survey Records.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 9, 2002
TRAVIS C. JANSEN
57751
RENEWS: 6/30/2019
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Pacific Community Design, Inc.
12564 SW Main Street,Tigard,OR 97223 ♦ [fJ 503-941-9484 IF]503-941-9485
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NORTHWEST CORNER OF THE
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L=38.20' 29.21' SECTION LINE
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CH=38.20'
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EXHIBIT A
VACATION OF PERMANENT SLOPE & DRAINAGE EASEMENT
DRAWN BY: BAA DATE: 10/30/17
$ REVIEWED BY: TCJDATE: 10/30/17 12564 SW Main St
PROJECT NO.: 395-010 Tigard, OR 97223
SCALE: 1"=200' [T] 503-941-9484
z [F] 503-941-9485
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