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94-097973 ~ Walnut Street ~ Northview Drive S—'—E OF OREGON bAty of Washington SS wr I, Jerry f "�an ► r, r,of Assess- ment and : it9n aqd,EI �Io County Clerk for, d0- rtify that the with i - -was keceived and reCrrtec � y o -of said countyt g&,joarr f1 0 3rector of sta + tion,Ex- `Olerk Doc 94097973 Rect: 132490 98. 00 10/27/1994 10: 25: 21AM 'Wow Z B� CITY OF TIGARD, OREGON G ORDINANCE NO. 93-3I AN ORDINANCE CONCERNING THE VACATION OF A DEDICATED STORM DRAINAGE EASEMENT ACROSS LOT 67 OF THE PLAT CASTLE HILL 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 th?-s vacation .i.s 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 approval has been recommended by the Community Development Department; and 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 Page 1 RETURN RECORDED DOCUMENT TO: CITY RECORDER, CITY OF TIGARD 13125 SW HALL BLVD. TIGARD, OR 97223 THE 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 condition: 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 Li i I C�rA,rn vote of all Council members present after being read by number and title only, this Q3. d day of 1993. ba—therine Wheatley, City Recorder APPROVED: This day of 993. Ger Edwards, Mayor Approved as to form: '\':� At6A_ CityrAt�6rney Date Certified to be a Trw CW of Original on fll* C1 3-.31 By. ORDINANCE No. 93- City Recorder-City of Tigard Page 2 Date. EXHIBIT "A" w 10 9 11 1rALvicT s T, 12 8 13 14 s, 4, 15 cy£yALeM 16 7 c,� A 6 5 3 e� I7 21 2 2 W gyp, p 3 4 20 18 2 y S ST AR.DljS 22 19 T 33 32 23 31 Is- 24 34 30 25 LOT 67 35 29 36 28 STORM DRAIN EASEMENT 64 27 26 TO BE VACATED 3 63 7 38 62 39 1Z 42 41 N.T.S. I4 40 43 CASTLE HILL SUBDIVISION EXHIBIT "B" CITY* OF TIGARD, OREGON RESOLUTION NO. 93- 5--�. 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 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 a f - QZ. , 1993. City of Tigard ATTE Tfly Recorder City of Ti rd n+/vac-res RESOLUTION NO. 93--5,-)— Page 1 Exhibit "C" AT ENGIINF'FRWG INC. ENGINEERING • DEVELOPMENT SERVICES ,& SURVEYING LEGAL DESCRIPTION STORM DRAIN EASEMENT VACATION CASTLE HILL NO. 2 JOB NO. 108-022 A PARCEL OFJ AND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILL AMIr?TTE MERIDIAN, CITY 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 PLAT 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 PORTLAND,OREGON 97223 503-452-8003 FAX 503-452-8043 1*W *NW MEMORANDUM CITY OF TIGARD, OREGON TO: Will D'Andrea FROM: Cathy Wheatley DATE: November 24, 1993 SUBJECT: Castle Hill Vacation Attached is a copy of Ordinance 93-31 relating to the Castle Hill Vacation, which was approved by City Council on November 23, 1993. Please notify me in writing when Condition 2 of the Ordinance is met, so that the Ordinance can be recorded. /jh attachment rt o' AGENDA ITEM # For Agenda of No-vember 23, 1199,3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Vacation of a 15 and 20 foot wide storm drainage easement astle ill Subdivision PREPARED BY; Will D'Andrea DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council vacate a 15 and 20 foot wide storm drainage easement? _-____-_-___--_--_____-_ --------------------_- STAFF RECOMMENDATION It is recommended that Council approve the vacation as requested. INFORMATION SUMMARY Council initiated this vacation (vicinity map; Exhibit A) at a public meeting held on October 26, 1993 (Res. 93-52 ; Exhibit B) . Larry York, petitioner, requests City Council approval to vacate a 15 and 20 foot wide storm drainage easement across Lot 67 of the plat Castle Hill. The petitioner has stated that as part of the public improvements, for the approved Castle Hill #2 subdivision, the developer will be revising the storm drainage to follow the the new streets and lot lines of Castle Hill #2. The plat of Castle Hill #2 will provide the easements needed for the revised storm drain. Appropriate agencies have been contacted and have offered no objections to this easement vacation. OTHER ALTERNATIVES CONSIDERED 1. Approve the vacation as requested. 2. Deny the vacation request. 3. Take no action at this time. FISCAL NOTES All fees have been paid by the applicant. wd/VacCaeth.Sm CITY OF TIGARD, OREGON ORDINANCE NO. 93- AN ORDINANCE CONCERNING THE VACATION OF A DEDICATED STORK DRAINAGE EASEMENT ACROSS LOT 67 OF THE PLAT CASTLE HILL 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 261 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 approval has been recommended by the Community Development Department; and 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- Page 1 THE 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 condition: 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 vote of all Council members present after being read by number and title only, this day of , 1993 . Catherine Wheatley, City Recorder APPROVED: This day of 1 1993 . Gerald R. Edwards, Mayor Approved as to form: City Attorney Date ORDINANCE No. 93- Page 2 EXHIBIT "A" i 10 S,w SAL 9 11 NNr ST 12 8 13 14 S, 15 Cy�N�L�M 16 7 6 5 3 4' 17 1 21 2 3 p�z 2p, 4 .r 20 18 2 19 y ARD(jST 22 33 23 32 31 24 34 30 25 LOT 67 35 29 36 28 STORM DRAIN EASEMENT 4 TO BE VACATED . 27 26 . 37 i _3 38 62 39 1 42 41 N.T.S. 4 40 43 CASTLE HILL SUBDIVISION EXHIBIT 4'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 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. C;?o PASSED: This , f 1 4tJ& 1993. Mciyor�- City ofTigard ATTE7_ _ City Recorder - City of Ti rd rw/vac—res RESOLUTION NO. 93--5-Z Page 1 wrww am Exhibit "C" AT F.NGuVF- .RING INC. ENGINEERING a DEVELOPMENT SERVICES • SURVEYING LEGAL DESCRIPTION STORM DRAIN EASEMENT VACATION CASTLE HILL NO. 2 JOB NO. 108-022 A PARCEL OF-LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND ALSO BEING A PORTION OF LOT 67 OF THE PLAT OF CASTLE HILI, AS RECORDED IN PLAT BOOK 82, PAGES 31-36 WASHINGTON COUNTY PLAT 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. t _ r ORDINANCE NO. 93- PLAZA WEST + SUITE 230 9600 S.W.OAK + PORTLAND,OREGON 97223 + 503-452-8003 • FAX 503-452-8043 MATRIX DEVELOPMENT-- CORPORATION August 23, 1993 Randy Wooley City of Tigard 13125 SW Hall Blvd Tigard, OR 97223-0059 RE: Castle Hill I & 11 The plat for Castle Hill (1) contains a 15' and 20' easement through what is now CASTLE HILL, Lot 67. We will be needing to have the storm drainage easement vacated as well as Tracts "B", "C", and "D" eliminated for the processing of Phase II plat. The drainage for this area will be constructed.during Phase II development. PIease contact me-as soon as possible with whatever document we need to execute to have this accomplished. -Alpha Engineering is ready to submit the Phase II.plat to the City-and the improvement plans are in process: - Thanks for your help. _ Sin*1 ' = f Lak - - ydirector of Planning J, �> f, - --M11Ce Gates.- 4; l �Y ;7160 s.W:-Haielfern Road rt, he 100 t ;-Tigard,.On_97224-7771 regor '= s Phone(5031620-8080 Fax(503),598-8%0 oottsDEisecTx