Ordinance No. 93-31 CITY OF TIGARD, OREGON
ORDINANCE NO. 93- L -
AN ORDINANCE CONCERNING THE VACATION OF A DEDICATED STORM DRAINAGE
EASEMENT ACROSS LOT 67 OF THE PLAT CASTLE HILI, 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, 1993; and
WHEREAS, this easement is a dedicated public easement, giving the
public rights over the land for storm drainage; and
WHEREAS, the reason and purpose of this vacation is to eliminate a
storm drainage easement in order to develop public improvements,
including new easements for the revised storm drainage, associated with
the approved Castle Hill #2 subdivision on Lot 67; and
WHEREAS, the adjacent properties support this vacation; and
WHEREAS, the vacation has been initiated by the City Council and
androval has been recommended by the Community Development Department;
WHEREAS, 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
271.080; 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; and
WHEREAS, the Council finds that the following conditions are necessary
to vacate said land:
1. The easement vacation shall not be effective until the recording
of the final plat of Castle Hill #2.
ORDINANCE No. 93-31
C. Page 1
"M CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of
that certain portion of the public storm drainage
easement as shown and described on the attached exhibits
A and C (map and legal description of area to be
vacated) , and by this reference made part there of.
SECTION 2: The Tigard City Council further orders that the vacation
be subject to the following conditions
1. The easement vacation shall take effect upon the
recording of the final plat of Castle Hill #2. The
applicant shall submit a copy of the recorded final
plat.
SECTION 3: 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 Y1 Gt nim oLxz vote of all Council members
present after being read by number and title only, this
a3,rd day of Jl/vv hpn , 1993.
`-
gathe�r=neWheatley, Cit Recorder
APPROVED: This ?3-td day of , 993.
2
Ger Edwards, Mayor
Approved as to forms
C
City At rney
Date �=3 .
ORDINANCE No. 93- 3�
C' Page 2
EXHIBIT "A"
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2
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34 30 24
25
LOT
35 29 67
64 36 28 STORM DRAIN EASEMENT
27 26 TO BE VACATED
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63 37
38
62 39
42
41
-
14 43 40 N.T.S.
-
CASTLE HILL SUBDIVISI®N
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EXHIBIT "B"
CITY OF TIGARD, OREGON
RESOLUTION NO. 93- 5-A _
A RESOLUTION CONCERNING THE VACATION OF STORM DRAINAGE EASEMENTS IN LOT
67 OF THE PLAT OF CASTLE HILL
WHEREAS, the plat of Castle Hill dedicated storm drainage easements across
Lot 67; and,
WHEREAS, the proposed plat of Castle Hill #2 will revise the storm
4
drainage in Lot 67; and,
WHEREAS, the developers of Castle Hill #2 have requested that the existing
easements be vacated at the time that the new plat is recorded; 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 storm drainage easements in Lot 67 of the plat of
Castle Hill.
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
appear and be heard for or against the proposed vacating
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 easements to be vacated are shown on
the attached Exhibit "A" and by reference made a part
hereof.
PASSED: This �� f: ctor� 1993.
/ - City of Tigard
ATTEST:
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.PiLvr�.e
City Recorder - City of Ti rd
nioac-res
`. RESOLUTION NO. 93-
Page 1
Exhibit "Co
ALPHA ENGI47310UNG INC.
ENOINEERM DEVELCMDrr SERVICES• SURVEYINO
C
LEGAL DESCRIPTION
STORM DRAIN EASEMENT VACATION
CASTLE HILL NO. 2 JOB NO. 108-022
A PARCEL OF3.AND LOCATED IN THE NOR7HWEST ONE-QUARTER OF SECTION
4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, ATE MERIDIAN, QTY OF
TIGARD,WASHINGTON COUNTY,OREGON AND ALSO BEING A PORTION'OF LOT
67 OF THE PLAT OF CASTLE HILL AS RECORDED IN PLAT BOOK 82, PAGES 31-36
WASHINGTON COUNTY PIAT RECORDS,DESCRIBED AS FOLLOWS:
THOSE STRIPS OF LAND 15.00 FEET AND 20.00 WIDE SHOWN AS PUBLIC STORM
DRAIN EASEMENTS TO CITY OF TIGARD LYING WITHIN THE BOUNDARIES OF
SAID LOT 67.
ORDINANCE NO. 93-
PLAZA WEST• SUITE 230 • 9600 S.W.OAK • FORTLANID.OREGON 97223 • 503-452.8003 • FAX 503-45248043