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Resolution No. 20-04 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO.JJ9=OL( 20 A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF PORTIONS OF THE PUBLIC SLOPE, DRAINAGE, AND UTILITY EASEMENTS ALONG SW ROY ROGERS ROAD WHEREAS, Washington County Board of Commissioners Resolution and Order No. 19-101 (the Order) ordered the vacation of portions of the public slope, drainage, and utility easements along SW Roy Rogers Road, as granted in Deed Document 2001-125713, situated in the northeast One-quarter of Section 7, T2S, R1W, Willamette Meridian, 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. 19-101. 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. U h PASSED: This ( [ f day of 1 del 20+9-2 M o -City of Tigard ATTEST: City Recorder-City of Tigard St0 RESOLUTION NO. +91- Page H'Page 1 1 IN THE BOARD OF COUNTY COMMISSIONERS 2 FOR WASHINGTON COUNTY, OREGON 3 In the Matter of the Vacation of Public ) RESOLUTION AND ORDER Easements, situated in the northeast One- ) No. 1 q 4 quarter of Section 7, T2S, R1 W, W.M., ) VACATION NO. 559 Washington County, Oregon ) 5 6 The above entitled matter having come regularly before the Board at its meeting November 7 5, 2019; and 8 It appearing to the Board that a petition has been filed to vacate a portion of the public 9 slope, drainage, and utility easements situated in the northeast One-quarter of Section 7, T2S, 10 R1 W, W.M., Washington County, Oregon, as described and shown in the attached Vacation 11 Report. The petition was signed by owners of 100% of the property to be vacated, pursuant to 12 ' ORS 368.351; and 13 It appearing to the Board that said petition did describe the portions of easements proposed I 14 to be vacated, the names of the parties to be particularly affected thereby, and set forth the 15 particular circumstances of the case; and 16 E It appearing to the Board that the easements, proposed to be vacated, are under the 17 jurisdiction of Washington County and entirely within the corporate limits of the City of Tigard, 18 I Oregon, as described in ORS 368.361(3); and 19 It appearing to the Board that the easements proposed to be vacated are no longer needed 20 for the use of the public; and 21 It appearing to the Board that the County Road Official did examine the area proposed to 22 be vacated and hereby submits to the Board the Vacation Report attached hereto, and by this f Page 1 - RESOLUTION AND ORDER ( ) WASHINGTON COUNTY COUNSEL 161 NW ADAMS AVENUE,SUITE 305,MS#24 HILLSBORO,OR 97124 PHONE(503)846-8747-FAX(503)846-8636 I reference made a part hereof, in accordance with ORS 368.351(1); it is therefore 2 RESOLVED AND ORDERED that the easements, proposed to be vacated and more 3 particularly described in the attached Vacation Report, are hereby vacated as it is in the public 4 interest. This vacation shall become final upon the formal concurrence of the City of Tigard by 5 either resolution or order pursuant to ORS 368.361(3); and it is further 6 RESOLVED AND ORDERED that the County Surveyor of Washington County, Oregon, i 7 be and hereby is authorized and directed to mark the vacated easements on the plats and records of i 8 Washington County,Oregon; and it is further 9 RESOLVED AND ORDERED that the County Surveyor of Washington County, Oregon, 10 be and hereby is authorized and directed to have this order of vacation and the resolution or order 11 by the City of Tigard recorded in the records of Washington County, Oregon, and cause copies of 12 this order to be filed with the Director of Assessment and Taxation and the County Surveyor's 13 Office in accordance with ORS 368.356(3). i 14 15 DATED this 5th day of November, 2019. 161 AYE NAY ABSENT BOARD OF COUNTY COMMISSIONERS 17 HARRINGTON _ .�_. FOR WAS -1INGTON COUNTY, OREGON 18 SCHOUTEN ✓ TREECE ! 11AIR THRYN HA NG70N 19 ROGERS i 20 WlLLEY RECORD/NG SECRET Y 21 Approved as to form t 22 ' Cotkney D. Duke-Driessen Assistant County Counsel Date: 10111 /1�l Page 2 - RESOLUTION AND ORDER ( ) WASHINGTON COUNTY COUNSEL 161 NW ADAMS AVENUE,SUITE 305,MS#24 HILISBORO,OR 97124 PHONE(503)846-8747-FAX(503)846-8636 DEPARTMENT OF LAND USE & TRANSPORTATION REPORT ON VACATION NO. 559 November 5, 2019 VACATION OF PORTIONS OF PUBLIC SLOPE, DRAINAGE, AND UTILITY EASEMENTS A request for vacation proceedings has been received by the staff for the Board of County Commissioners to vacate portions of public slope, drainage, and utility easements, said easements being granted in Deed document numbers 2001-125713, and more particularly described and shown in Exhibit A, attached hereto. The owners of the property abutting the portions of easements to be vacated are: 2S107, TL 1200, 2000 Polygon WLH, LLC 703 Broadway Street#510 Vancouver, WA 98660 CRITERIA FOR EVALUATION OF ROAD VACATION REQUEST 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 The public slope, drainage, and utility easements proposed to be vacated were originally granted in 2001 to facilitate the widening of SW Roy Rogers Road. In conjunction with the residential development, the area has been graded and utilities relocated eliminating the need for the public easements. 3) Impact of Utilities and Emergency Services There are no adverse impacts to public utility providers or emergency services. 4) Limits of Vacation and Evaluation of"Public Road" Status The public easements, proposed to be vacated, are not needed for public use as a result of the subdivision being developed. The limits of the easements proposed to be vacated are logical and justifiable. Vacating these portions of public easements will not have any adverse impacts on the abutting properties or utilities. Based on the above statements, it is recommended that the Board of Commissioners grant the vacation of the easements proposed herein, as it is in the public interest. Stacy Sh er, P.E. Washingt n County Engineer EXHIBIT A September 16, 2019 LEGAL DESCRIPTION Job No. 395-103 Vacation of a Permanent Slope Et Drainage Easement and a Permanent Utility Easement PARCEL I- PERMANENT SLOPE£t DRAINAGE EASEMENT Vacation of a Permanent Slope Et Drainage Easement in its entirety, as acquired by Eminent Domain in Court Case No. C99-0961CV, as recorded in Document No. 2001-125713, Washington County Records, within Parcel 2, Partition Plat No. 1998-005, Washington County Plat Records, in the Northeast Quarter of Section 7, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon. Containing 11,499 square feet, more or less. PARCEL II - PERMANENT UTILITY EASEMENT Vacation of a Permanent Utility Easement in its entirety, as acquired by Eminent Domain in Court Case No. C99-0961CV, as recorded in Document No. 2001-125713, Washington County Records, within Parcel 2, Partition Plat No. 1998-005, Washington County Plat Records, in the Northeast Quarter of Section 7, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon. Containing 8,697 square feet, more or less. Basis of bearings being Partition Plat No. 1998-005, Washington County Plat Records. REGISTERED PROFESSIONAL LAND SURVEYOR =C.JANSEN RENEWS: 6/30/2021 Page 1 of 3 12564 SW Main Street,Tigard,OR 97223 ♦ [T] 503-941-9484 [F] 503-941-9485 I N44'50'36"E'fN20'47"E 13.92' ' SW BULL_MOUNTAIN ROAD (COUNTY ROAD NO. 262) 00'11 b9"E 1.22' 11'29'48"E ` 6.91' Lo 0PERMANENT UTILITY EASEMENT z p O N D 00 Z N w W h}- N Z 0 O 0 0 O Q I N N 0 M f PARCEL 1 a PARTITION PLAT N N0. 1998-005 uj 0in M O t N rn z � 0 O' �3 Z N N < r� O P N P .G I I m I S89'30'1 5"W 7.22' 3.73' RIGHT—OF—WAY DEDICATION I PARCEL 2 W PER DOCUMENT NO. 2018-068463 I PARTITION PLAT ] NO. 1998-005 I 0 3.73' 8 45.27 49.00' EXHIBIT A VACATION OF A PERMANENT SLOPE & DRAINAGE EASEMENT DRAWN BY: FAA DATE: 9/16/19 8 REVIEWED BY: TCJ DATE: 9/16/19 125b4 SW Main St PROJECT NO.: 395-103 Tigard, OR 97223 [T] 503-941-9484 SCALE: 1"=150' [F] 503-941-9485 Z PAGE 2 OF 3 i N89'20'47"E 9.84' SW BULL MOUNTAIN ROAD (COUNTY ROAD N0. 262) N00'11'0 S00'11'09"E 61.2222' 61.30' N11*29'48"W— Sl 1'29'45"E 66.91' 66.91' 0 u) M O v m _ Z O O N N O N tp N Z D O O 0 ;V v O O p I Z to Q IIO it W o PARCEL 1 o N PARTITION PLAT £€ (6 N0, 1998-005 �i 0W N o a o wI 1 u3U-) N K) M O N89'30'15"E Z 7.22' 3.73' RIGHT-OF-WAY DEDICATION PER DOCUMENT NO. 2018-068463 V I N00'29'45"W ' 248.33 PARCEL 2 6 S00'29'45"E PARTITION PLAT y 182.68' N0. 1998-005 S89'20'47"W 10.50' 0 -�- g 45.27-x{ 49.00'--++--II -+- EXHIBIT A VACATION OF A PERMANENT UTILITY EASEMENT DRAWN BY: FAA DATE: 9/16/16 REVIEWED BY: TcJ DATE: 9/16/19 12564 SW Main St PROJECT NO.: 395-103 Tigard, OR 97223 [T] 503-941-9484 SCALE: 1"=150' [F] 503-941-9485 PAGE 3 OF 3