Ordinance No. 95-02 CITE' OF TIGARD, OREGON
ORDINANCE NO.. 95- (32?,
AST ORDINANCE CONCERNING THE VACATION OF DEDICATED STORM DRAINAGE
EASEMENTS LOCATED BETWEEN LOT #35 AND LOT #36, AND BETWEEN LOT #27 AND
LOT #428 OF THE PLAT WAVERLY 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 December
13, 1994; 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 storm
drainage easements that are no longer needed and will be replaced with
new drainage easements; 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
WHEREAS,, all affected service providers, including utility companies
and emergencyservice 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 January 24,
1995, finds that it is in the public interest to approve the request to
vacate those certain portions of storm drainage easements 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 new stnrm dra,_na"e easements to replace the easements being
ORDINANCE No. 95- 02,
Page 1
4
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vacated by this application.
THE CITY OF TIGARD ORDAINS AS FOLLOWS
SECTION 1: The Tigard City Council hereby orders the vacation of
those certain portions of the public storm 'drainage
easements as shown and described on the attached
exhibits A and B (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 condition:
1. The easement vacation shall take effect upon the
recording of new storm drainage easements to replace the
easements being vacated by this application.
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 vote vote of all Council members
present after being read by number and title only,- this
day of G 1995.
Catherine Wheatley, City Re order
r
APPROVED: This day of / -� 95.
James o i ;mayor
Approved as to form:
Ci A torney
Date
ORDIN'kNCE No. 95- "
Page 2
a
EXHIBIT "A"
ImWells o=aER 21., 199
and
associates W.S. WELLS & ASSOC- , INC JOB 93-336
Inc. AL DESCRIPTION FOR VACATING ►TOM1M DRAIN EMMIENT
ME.FMMwt 34
P ,OR 97213 MMIBIT
Smote {25$-S6,96
FAX(50 2 33
A 15 foot strip of land for the purpose of a stot7n drain easement,
being a,pertion of Lots 35 and 36 of the duly recorded plat of
Waverly Mates, situated in the Northeast One Quarter of section
14, Towxsshiv 2 south, Range. 1 West of the Wilhite Meridian, in
the City of Tigard, Gcunty of Washington, States of Oregon, Recorded
in Plat Sao . 92, Panes 9, 10 & 11 of Washington Courct7 Pkat
Records, being more yarticularly described as follows:
The easterly 7.5 feet of said Lot 36, and the westerly 7.5 feet of
said Lot 35," along the -c 1 line of lots 36 and 35, extending to
the north line of lot 35.
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1 LOT S 6"
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pROFF-sSIO rlAl AND SURVJ:�YOR
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DA,Vjo W. MILLS
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Ptt3TZ! This vacate is needed due to chances, during construction,
lia�CtiYtg tl'dp sw&lo d a—= lin . she storm line, as built, will
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be better situated er
within the new. 'easement describ�ra in a nx��
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EXHIBIT °B"
Well 5, 199
and
associates W.S. mals & AS=., INC - JOB 93-335
inc. LECAL DESCRIPTION FOR VACATING ST'OMI DRAIN &kSDUENT
4M0NSF=vMSL
Paftnd.OR 97213 EMIBIT
Moe(sq
FAX( 2
A 15 foot strip of land for the purpose of a stores drain easemantr
b:Ar,T a portion of (sots 27 mid 28 of the duly recorded plat of
Waverly Estates, situated in the Northeast One Quarter of section
14, Township 2 south, Range I West of the Willamette Meridian, in
the City of Ticardr County of Washington, State of Oregon, Recorded
in Plat Book-92. Paces 9, 10 & It of Washington County flat
Records! .wing more particularly describe as follows:
The easterly 7.5 feet of said Lot 22, and the westerly 7.5 foet of
said Lot 27, along the comiwn lineof lots 28 and 2-4 . extending to
the north line of lot 27.
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REGICTERFED
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NOTE- This vacate is needrd cue to changes, during construction.
affecting the swale and 'storm line. '' The storm Brie, as built, will
be better situated within the ne% easement described in exhibit
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