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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 s 33 o u a x � r n r 27 LJ W -c'- Lt 26a � N O r .. .�,.2 H 9 I W 00, �k 15' STORMRAI DRAINAGE GE EASEMENT RETAINED �S S.V. f�VIEV S7 x ® 15' STORM DRAINAGE Ip EASEMENT TO BE VACATED ® 15' STORM DRAINAGE 92 » EASEMENT RETAINED n e 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 z I' �*r 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