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Doc 94097973
Rect: 132490 98. 00
10/27/1994 10: 25: 21AM
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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