Resolution No. 16-46 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 16-16
A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING
VACATION OF PUBLIC SLOPE AND DRAINAGE EASEMENTS IN RIVER TERRACE
NORTHWEST AND POLYGON AT WEST RIVER TERRACE
WHEREAS, Washington County Board of Commissioners Resolution and Order No. 16-118 (the Order)
ordered the vacation of portions of public slope and drainage easements granted in Deed Document Nos.
2001014226 and 2001014228,more particularly described in the Order attached to this Resolution as Exhibit 1;
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 386.361(3)provides that a county body may vacate property that is under the jurisdiction of
the county and that is entirely with 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 16-118.
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.
S� , UyCn16e�016.
PASSED: This day of /
Mayo - ity of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 16-
Page 1
Exhibit 1
AGENDA
WASHINGTON COUNTY BOARD OF COMMISSIONERS
Agenda Category: Consent—Land Use&TransportationC( PO 4B) _
Agenda Title: VACATE PUBLIC SLOPE AND DRAINAGE EASEMENTS IN
RIVER TERRACE NORTHWEST AND POLYGON AT WEST
RIVER TERRACE(VACATION NO. 529)_
Presented by: Andrew Singelakis, Director of Land Use &Transportation
SUMMARY:
A petition was received by the Board to vacate portions of public slope and drainage easements
granted in Deed Document Nos. 2001014226 and 2001014228 and lying in the southeast one-
quarter of Section 6,T2S, RI W, W.M., Washington County, Oregon, as described and shown in
the attached Vacation Report.
The easements proposed to be vacated were acquired for the construction of SW Roy Rogers
Road and are no longer needed as a result of the area being redeveloped and graded to meet
subdivision requirements. The adjacent subdivision plats,"River Terrace Northwest"and
"Polygon at West River Terrace",have been recorded and the infrastructure has been constructed,
thereby making these easements unnecessary for public use.
The vacation petition was signed by 100%of the abutting property owners, Staff has reviewed
this request and has determined the vacation of the proposed public slope and drainage easements
is in the public interest. There will not be any adverse impacts on the abutting properties or
utilities.
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 or 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 that the City Council of the City of Tigard resolve or order concurrence with this vacation
pursuant to ORS 368.361(3).
COUNTY ADMINISTRATOR'S RECOMMENDATION:
I concur with the requested action.
Agenda Item No. 2.e.
0 Date: 09/06/16
IN THE BOARD OF COUNTY COMMISSIONERS
FOR WASHINGTON COUNTY, OREGON
In the Matter of the Vacation of public slope) RESOLUTION AND ORDER
and drainage easements situated in the )
southeast one-quarter of section 6,T2S, ) NO.
RI W,W.M., Washington County,Oregon } VACATION NO. 529
The above-entitled matter having come on regularly before the Board at its meeting
September 6, 2016; and
It appearing to the Board that a petition has been filed to vacate portions of public slope and
drainage easements granted in Deed Document Nos.2001014226 and 2001014228, and lying in
the southeast one-quarter of Section 6, T2S, R1 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 portions of public slope and
drainage easements 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 portions of public slope and drainage 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 portions of public slope and drainage easements,
proposed to be vacated and 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 recorded in the records of
Washington County, Oregon,and cause copies of this order 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 6th day of September,2016.
BOARD OF COUNTY COMMISSIONERS
AYE NAY ABSENT FOR WASHINGTON COUNTY,OREGON
DUYCK _1 _..
SCHOUTEN
MAUNOWSKI L..►�
ROGERS Chairperson
TERRY
Ae
Recording Secretary
Approved as to form
Colney D. Duke-Driessen
Assistant County Counsel
Date: �-ALrA , 2y.2,cm Lo
Page 2—R&O No. 16-816
Vacation No. 529
EXHIBIT A
April 14, 2016
LEGAL DESCRIPTION Job No. 395-037
Vacation of Permanent Slope ft Drainage Easements
Vacation of two permanent slope It drainage easements acquired by Eminent Domain in Court
Case Nos. C991120CV and C99-1117CV, as recorded in Document Nos. 2001014226 and
2001014,228, Washington County Records, within Lots 206 through 215 and Tracts L, M, and 0,
plat of "River Terrace Northwest", within Lot 9 and Tracts A and B, plat of "Polygon at West
River Terrace", and within public right-of-way of SW Roy Rogers Road (County Road 3150),
located in the Southeast Quarter of Section 6, Township 2 South, Range 1 West, of the
Willamette Meridian, City of Tigard, Washington County, State of Oregon, more particularly
described as follows:
Easement 1
BEGINNING at the Southeast corner of said Tract 0;
thence along the southerly line of said Tract 0, South 89°20'24"West, a distance of 30.04 feet
to the Southwest corner of said Easement described in Document No. 2001014226;
thence along the westerly line of said Easement, along a 1053,15 foot radius curve, concave
westerly, with a radius point bearing South 81'06'18" West, arc length of 73.99 feet, central
angle of 04'01'32", chord distance of 73.98 feet, and chord bearing of North 10"54'28" West to
an angle point;
thence continuing along said westerly line, North 17'40'37" West, a distance of 339.52 feet to
the Northwest comer of said Easement;
thence along the northerly line of said Easement, North 58'48'40" East, a distance of 7.22 feet
to the Northeast corner of said Easement;
thence along the easterly line of said Easement, along a 1086.62 foot radius non-tangential
curve, concave westerly, with a radius point bearing South 58'48'40"West, arc length of 427.65
feet, central angle of 22'32'57", chord distance of 424.89 feet, and chord bearing of South
19°54'51" East to the Southeast corner of said Easement;
thence along the southerly boundary line of said plat of "River Terrace Northwest", SoUth
89°20'24" West, a distance of 3.77 feet to the POINT OF BEGINNING.
Containing 0.29 acres, more or less.
Page 1 of 4
12564 SW Main Street,Tigard,OR 97223* [T]503.941-9484[F]503-941-9485
Easement 2
BEGINNING at the Southeast corner of said Tract O;
thence along the southerly boundary of said plat of"River Terrace Northwest", North 89°20'24'
East, a distance of 3.77 feet to the Northeast corner of said Easement described in Document
No. 2001014228;
thence along the easterly line of said Easement, along a 1086.62 foot radius non-tangential
curve, concave westerly, with a radius point bearing South 81°21'37"West, arc length of 130.50
feet, central angle of 06°5252", chord distance of 130.42 feet, and chord bearing of South
05'11'5T' East to a point of tangency;
thence continuing along said easterly line, South 01°4531" East, a distance of 167.41 feet to
the Southeast corner of said Easement;
thence along the southerly line of said Easement, South 89°20'24" West, a distance of 10.51
feet to the SouthWe5t corner of said Easement;
thence along the westerly line of said Easement, North 01°4531" West, a distance of 167.21
feet to a point of tangential curvature;
thence continuing along said westerly line, along a 1076.11 foot radius tangential curve to the
Left, arc length of 53.68 feet, central angle of 02'51'29", chord distance of 53.68 feet, and
chord bearing of North 03*1116" West to a point of radial tangency;
thence continuing along said westerly line, South 85°23'00" West, a distance of 22.97 feet to a
point of radial curvature;
thence continuing along said westerly line, along a 1053.15 foot radius radial curve, concave
westerly, arc length of 78.64 feet, central angle of 04°1642", chord distance of 78.62 feet, and
chord bearing of North 06°45'21" West to the Northwest corner of said Easement;
thence along the southerly line of said Tract O, North 89"20'24" CREGISTERED
East, a distance of 30.04 feet to the POINT OF BEGINNING. PROFESSIONAL
LAND SURVEYOR
Containing 0.11 acres, more or less.
Basis of bearings being plat of "River Terrace Northwest", OREGON
Washington County Plat Records. JULY 9, 2002
TRAVIS C. JANSEN
57751
RENEWS: 6/30/201.7
Page 2 of 4
Pacific Community Design,Inc.
12564 SW Main Street,Tigard,QR 97223 ♦ (fl 503-941-9484 lFj 503-941-9485
RIVER TERRACE EASEMENT 11 P08 N89'20124'E I
NORTHWEST TRACT 0 N89'20'24"E---`� 3,77'
4'
EASEMENT 2 i
DOCUMENT NO.
2001014228 } 49,00
R=1053.15' 1 45,27'
L=78.64'
TRACT A &'4'16'42" TRACT�6
CH=78.62'
N 06'45'21"W 1
R=1086.62'
L�1 X0.50'
9 A=6'52'52"
8 CH-13Q.42'
7 S05-11'57"E I
6
5 S85'23'00"W
POLYGON AT WEST 22.97'
RIVER TERRACE . 1-1�
R=1076.11'
L=53.68' C
0=2'51'29" p
TRACT C CH=53.68' C O i
NO3'11'16"W
TRACT D
700
O 0
10 D
b I W
TRACT H 11 o OD
37
12
N :r
r
cn c0
36 I 13Ln Lo
w
35 14
o
z
34 TRACT E
I
TRACT G
15
33
16
32 I
17 S89'20'24"W
10.51'
EXHIBIT B
VACATION OF PERMANENT SLOPE & DRAINAGE EASEMENTS
a
DRAWN BY: GPS DATE: 4/14/16
REVIEWED BY: TGA DATE: 4/t4/16 12564 SW Main St
tigard, OR 97223
PROJECT NO.: 395-029
[T] 503-941-9484
SCALE- _ 1"=40' [F] 503=941-9485
z P AGE 4 OF 4
203 N58'48'40"E
7.22'
204 \205
TRACT L
205
207
13 TRACT N �O
208
yo�'p
209
12 ��O
210 JPO \
11 211 R=1088.62'
N17'40'37"W L=427.65'
\ 339.52' 212 A�22'32'57"
10 \ CH-424.89'
213 S19'54'51"E
\ 214
215
\ RIVER TERRACE
NORTHWEST
CL _ ✓
1
0
TRACT 0 49.00'—
EASEMENT 1
DOCUMENT NO.
2001014226
R-1053.15'
L-73.99'
A=4'01'32"
CH=73.98'
N10'54'28"W y
POLYGON AT WEST S89'20'24"W
RIVER TERRACE 30.04' S89'20'24"W
TRACT A EASEMENT 2 POB 3.77' I
r EXHIBIT B
VACATION OF PERMANENT SLOPE & QRAINAGE EASEMENTS
DRAWN BY: GPS DATE: 4/14/16
$ REVIEWED 8Y: T0J DATE: 4! 4116 12564 SW Main St
Tigard, OR 97223
PROJECT NO.: 395-037
[T] 503-941-9484
SCALE: 1"=60' [F] 503-941-9485
s PAGE 3 OF 4