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95-015374 ~ Waverly Estates TE OF OREGON County of Washington SS i, Jerry R,,f tangy, r �.of Assess- ment and,h'Utadn �ii�k-qfft�4o County Clerk for ,& etas! rtify that the wathafpfr �feceived and do"Wa of said county t J RaaaSor► 3irector of essrn 3r8 ation,Ex- Clerk Doc : 95015374 Rect: 139547 93, 00 0310911995 09: 26: 22AM o G-1 CITY OF TIGARD, OREGON c4LOW23 ORDINANCE NO. 95- 01�1 AN ORDINANCE CONCERNING THE VACATION OF DEDICATED STORM DRAINAGE EASEMENTS LOCATED BETWEEN LOT #35 AND LOT #36 , AND BETWEEN LOT #27 AND LOT #28 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 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 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 storm drainage easements to replace the easements being ORDINANCE No. 95- Page 1 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 U rurv, ry-O LA- s vote of all Council members present after being read by number and title only, this 02 L-t'11�0 day of - /1rt 1 1995 . U Catherine Wheatley, City Re order APPROVED: This day of A M-LA4-v- 95 . Jamesr1i, Mayor Approved as to form: -C! A Corney Certified to be a True Copy of Date Original on file Lr ccN NALL- BY. City Recorder-City of T'igarcf D ate: ORDINANCE No. 95--OZ Page 2 ��31r1e�il:�i.� EXHIBIT "A" WKWWR "REVISED" Wells OBER 21, 1994 and associates W.B. WELLS & ASSOC. , INC - JOS 93-336 inc.iLEGAL DESCRIPTION FOR VACATING STORM DRAIN EASEMENT 42.30 N.E.Fremont St Portland,OR 97213 EXHIBIT Phone(503)284.5696 FAX(503)284-PW A 15 foot strap of land for the purpose of a storm drain easement, being a portion of Lots 35 and 36 of the duly recorded plat of Waverly Estates, situated in the Northeast one Quarter of section 14, Township 2 south, Range 1 West of the Willamette Meridian, in the City of Tigard, Ccunty of Washington, State of Oregon, Recorded in Plat sock 92, Pages 9, 10 & 11 of Washington County Plat Records, being more particularly described as follows: The easterly 7.S feet of said Lot 36, and the westerly 7.5 feet of said Lot 35, along the ccnmon line of lots 36 and 35, extending to the north line of lot 35. -l',2A4 r 'A" � FNNLAI'D o ES- 10 0 �I.AL , SURVIEVC)R 0F1ECJN 'l,-Y •.4. 1l6C DAVID W. MILLS }---- 41915 NOTE: This vacate is needed due to changes, during construction, affecting the Swale and storm line. The storm line, as built, will be better situated within the new easement described in exhibit _resptlonai Sorvrce, Creative Solutions, Ousilty Sayond Your Expectatlons. A� f EXHIBIT "B" ` W.B. Wells OCTOBER 5. 1994 and associates W.B. t4ELLS & ASSOC. , INC - JOB 93-336 inc. LEGAL DESCRIPTION FM VACATING STORM DRAIN ZASLN107 4230 NZ FMnoN 9L Pottlend.OR 97213 EXH IB I T Phone(603)284-SM FAX(5503)2844= A 15 foot strip of land for the purpose of a storm drain easementr being a portion of Lots 27 and 28 of the duly recorded plat of Waverly Estates, situated in the Northeast One Quarter of section 14, Township 2 south, Range 1 West of the Willamette Meridian, in the City of Tigard. County of Washington, State of Oregon, Recorded in Plat Book 92. Pages 9, 10 Fc 11 of Wa:shin,ton County Plat Records, being more particularly described as follows: The easterly 7.5 feet of said Lot 28, and the westerly 7.5 feet of said Lot 27, along the common line of Iots 22 and 2", extending to the north line of lot 27. i 7�'zA G 7- •�h >?07' 2-7 IL;-71-1—::7 ..t t s......D 7''0 ✓.4aq r: G21N ISOILE st•,.r Istel' a DAVIC W. MILL S = 5G 01915 NOTE: This vacate is needed due to charges, during construction. affecting the sµale and storm line. The storm line, as buill., will be better situated wi tl1iz, ttte ne- easement described in exhibit .sPdonat Service, *:rratfve Solutions. :.ualiry Beyond Yavr Expoctatlons. :atter r•_wruu1b X,;Luru ',upy of i<eco:uca 00cument to: County of Washington City Recorder- City of Tigard t,Jerry R.Hanson,Director,of Assess- 13M.SW Hall Blvd. -Tigard, OR 9722. ment and Taxation and:Ex;;Officio County Clerk for said county,-do hereby,certify that the within instrument of writing was'received and recorded in.'O00,W bf;iibrords'of said county.--l' -r CORPORATE Jerry R Hanson, Director of ess t' ' Taxation,Ex- File No. SUB 93-^0007 CNjt �Cierk Doc 95007697 EASEMENT Rect: 137749 23. 00 PERMANENT 02/03/1995 10: 3 6: 2 2AM STORM SEWER Waverly Construction Company hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting, and repairing of an underground storm drainage line and appurtenances,together with the right to remove, as necessary,vegetation,foliage,trees,and other obstructions on the parcel of land described in Exhibit"A" and"B",situated in the City of Tigard, Washington County, State of Oregon. THE TRUE CONSIDERATION for this conveyance is $ 0.00 . However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,title,or interest except those expressly stated in this easement,nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors, and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand on this 2:1— day of gA Name of Q6iporation i ature /9>ZS 5W Ca uN%91r ✓(E 410 L_V Address r� $p JV V( L.L Q Q f�7 a 7 d Title Signature Title STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on [1�.(date) by T 1j_)A.0 M,I,el�,„' (name(s) of person(s)) as (type of authority,e.g., officer, trustee,etc.) of CID (name of party on behalf of whom instrument was executed). _. �5AA 11 OFFT AL SEAL 'i _L2 I— p d o Notary's Signature My Commission Expires: �� /9s„= M" Ct3Rf'ti'>5i0i C..r�1K �-sE°'i 7. iS� ;` Accepted on behalf of the City of Tigard this Z7 day of t1Q/ft�afN _ , 199 . City Engineer NO CHANGE IN TAX STATEMENT H.NFNDOC\MASTERS\STORM-SEW.CORP 1 — 3 engineers plarfners W.B. Wells OCTOBER 5. 1994 and associates W.B. WELLS & ASSOC. , INC - JOB 93-336 inc. LEGAL DESCRIPTION FOR STOFUVI DRAIN EASBI[EXT 4230 N.E.Fmff)ont St Portland,OR 97213 EVI I B AT "A Phone(503)284-5896 FAX(503)284-8530 A 15 foot strip of land for the purpose of a storm drain easement, being a portion of Lots 27 and 28 of the duly recorded plat of Waverly Estates, situated in the Northeast One Quarter of section 14, Township 2 south. Range 1 West of the Willamette %leridian. in the City of Tigard, County of Washington. State of Oregon, Recorded in Plat Book 92, Pages 9. 10 & 11 of Washington County Plat Records, being more particularly described as follows: The easterly 5 feet of said Lot 28, and the westerly 10 feet of said Lot 27. along the common line of lots 23 and 27, extending to the north line of lot 27. I I 7;ZA C 40T 27 \4r-- -r7 -6 0 R 7 G 7, -j DAVID VV. MILLS PRoar a - 15 '-IOTE: This easement is needed (Jue to chang-e5, during construction. affecting the swale and storm line. The storm line,%s built, wiIi Exceptional Service,he better situated within the new easement described above. Creative Solutions, Quality Beyond Your Expectations. engineers planhers W.S. Wells and "REVISED" associates OCTOBER 21, 1994 inc. W.B. WELLS & ASSOC. , INC - JOB 93-336 4230 N.E.Fremont St. Portland,OR 97213 LEGAL DESCRIPTION FOR STORM DRAIN EASEMENT Phone(503)284-5896 FAX(503)284-8530 EXHIBIT "B" A 15 foot strip of land for the purpose of a storm drain easement, being a portion of Lots 35 and 36 of the duly recorded plat of Waverly Estates, situated in the Northeast One Quarter of section 14, Township 2 south, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington, State of Oregon, Recorded in Plat Book 92, Pages 9, 10 & 11 of Washington County Plat Records, being more particularly described as follows: The easterly 5 feet of said Lot 36, and the westerly 10 feet of said Lot 35, along the common line of lots 35 and 36, extending to the north line of lot 35. REGISTERED 712AC/ l PROFESSiOMAL "A" .M LAND SURVEYCCR ..- ; 00� OREGON C� JULY 18,1980 DAVID W. MILLS 10 01915 3� DAVID 0 N '9 0 A V luff M I tLU 019�5 NOTE: This easement is needed due to changes, during construction, Exceptional Service, affecting the swale and storm line. The storm line, as built, will Creative Solutions, be better situated within the new easement described above. Quality Beyond Your Expectations. 3 STATE OF OREGON County of Washington SS 1,Jerry P-Hansom,Director of Assess- ment and Taxation "and„Ex.;0fr"icio County Clerk for said county,do:hereby certify that the withininstrumei0ofwrithng was teceived and recorded In:book'ot.0ecords*of said county a :' �:�r ' Jerry R Hanson,_Director of r Assessment and Taxation,Ex- Officlo County Clerk Doc 95006012 Rect: 137371 18. 00 01/27/1995 09: 48: 22AM L)CC"J�ILNT RECORDED AS ZkX: 941056:52 /( /r After Recording Return Copy of Record 'Iocumeat to: City Recorder- City of Tigard 13125 SW Hail Blvd.-Tigard, OR 97223 CORPORATE ,�!e,, ji To CCRRB= DoC"LpmgT RBcoRDED As Doc: 94105852 File No. SUB 93—OC)07 EASEMENT PERMANENT STORM SEWER WAVERLY CONSTRUCTIONS INC. hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing,operating,maintaining,inspecting,and repairing of an underground storm drainage line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in Exhibit "A", situated in the City of Tigard, Washington County, State of Oregon. THE TRUE CONSIDERATION for this conveyance is$.0.00 . However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title,or interest except those expressly stated in this easement,nor otherwise prevent Grantors from the full use and dominion thereover; provided,however,that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors, and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand on this4ow day of ' 19 I cJ Name of Corp on ignature CJ " ,2 . AddressUc 910 7 (5 Title Signature Title STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on amu (date) by m,re �i (name(s) of person(s)) as (type of authority,e.g., officer, trustee,etc.) of (name of party on behalf of whom instrument was executed). Notary's Signature ,,,;,.. os►��� c,, .. .;; My Commission Expires: NOTA Accepted on behalf of the City of Tigard this day of 04 e% , 19 City Engineer NO CHANGE IN TAX STATEMENT H: TOR.M-SEW.CORP WB.Two Wells and "REVISED" associates NOVEMBER 4 , 1994 inc. 4230 N.E Fmnw SL W. B . WELLS & ASSOC. , INC - JOB 93-336 Portland,OR 97213 Phone(503)284-5896 LEGAL DESCRIPTION FOR STORM DRAIN EASEMENT FAX(503)284-8530 EXHIBIT "A" A 15 foot strip of land for the purpose of a storm drain easement , being a portion of Lots 1 , 2 , 3 , and 4 of the duly recorded plat of Waverly Estates ., situated in the Northeast One Quarter of section 14, Township 2 south , Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington, State of Oregon , Recorded in Plat Book 92 , Pages 9 , 10 & 11 of Washington County Plat Records , being more particularly described as follows : The north 15 feet of said lots 2 , 3 and 4 , the east 6 feet of said Lot I and the west 9 feet of said Lot 2 . Z) to + PE.G!S T E F.E D P 1-11,01 IT a-S a i 0.*1 LA,L < 0 N -SCAL/E !LLS /41 =S-0 Exceptional Service. NOTE : This easement is for the storm line that was added to accommodate the flow from Tigard High School . Creative Solutions, Quality Beyond Your Expectations. AGENDA MM # 5 FOR AGENDI F llac4 lq CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Vacation of two 15 foot storm drainacre easements located bewtween lot #35 and lot #36 , and lot #27 and lot #28, in Waverly Estates PREPARED BY: Will D'Andrea DEPT HEAD OK ���� CITY ADMIN OK ISSUE BEFORE THE COUNCIL _ s Should the City Council vacate two 15 foot wide storm drainage easements? STAFF RECOMMENDATION It is recommended that Council approve the vacation as requested. INFORMATION SUMMARY Council initiated this vacation at a public meeting held on December 13 , 1994 (Res. 94-57; Exhibit F, Vicinity Map; Exhibit E) . Kenneth Waymire, petitioner, requests City Council approval to vacate two 15 foot wide storm drainage easements located between lot #35 and lot #36, and lot #27 and lot #28 of the plat Waverly Estates (Exhibits A and B) . The vacated 15 foot wide easements shall be replaced with new 15 foot wide storm drianage easements (Exhibits C and D) . The petitioner has stated that this vacation is needed due to changes during construction. The storm line, as built, is located a few feet easterly of the centerline of the existing easements . The applicant is creating new drainage easements to serve the as-built lines . This vacation will remove the existing easements . The net effect of this action will be to move the easements approximately 2 . 5 feet to the east of their present location. 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 . CITY OF TIGARD, OREGON ORDINANCE NO. 95- AN ORDINANCE CONCERNING THE VACATION OF DEDICATED STORM DRAINAGE EASEMENTS LOCATED BETWEEN LOT #35 AND LOT #36, AND BETWEEN LOT #27 AND LOT #28 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 1'n3re4 _:�_ ,. :.;�. wd,...�" .. .�.: -.. +n'`.,.. , ,.^: WHEREASthis : easement`'�s 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;"'land ' r, WHEREAS, the adjacent properties support this vacation; and WHEREAS, the vacation has been initiated by the City Council and s approval has been recommended bythe Community Develop ment,Department, :f.> 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, inaccordance 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 storm drainage easements to replace the easements being ORDINANCE No. 95- Page 1 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 of all Council members present after being read by number and title only, this day of 1 1995 . Catherine Wheatley, City Recorder APPROVED: This day of 1995 . James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE No. 95- Page 2 EXHIBIT "A" W.B. "REVISED" Wells OBER 21, 1994 and associates W.13. WELLS & ASSOC. , INC - JOB 93-336 Inc. LEGAL DESCRIPTICN FOR VACATING STORM DRAIN EASEMENT 4230 XE Fia=t St Po dK4 OR 97213 EXHIBIT Pham MM 2e4-mss FAX{ U44= A 15 foot strip of land for the purpose of a stotm drain easement, being a portion of Lots 35 and 36 of the duly recorded plat of Waverly Estates, situated in the Northeast One Quarter of section 14, Township 2 south, Range 1 West of the Willamette: Meridian, in the City of Tigard, Ccunty of Washington, State of Oregon, Retarded in Plat Back 92, Pages 9, 10 & 11 of Washington County Plat Records, being more particularly described as follows: The easterly 7.S feet of said Lot 36, and the westerly 7.5 feet of said Lot 35, along the caiman line of lots 36 and 35, extending to the north 1 i.ne of lot 35. A LOT 3 a REG~15 RED f, t7 .ALf . PrRoFr=551C)NAL LA,Ni D SURV E`t:Pt 1440 r" Z .601 7y c'A_A,W-_cr�r; ?'q ✓r1 c t17(I. ORcG0N CAVIO W. MILLS trCTE: This vacate is needed due to changes, during construction, affecting the swale and storm line. The storm line, as built, will be better situated within the new easement described in exhibit �XC90f(OnJf�eNrC!. C;$8tNe JCILtICRS. CU21ity 8cyand Your Expectations. EXHIBIT "B" W.B. Wells 0=5M 5. 1994 and associates K•a. mrmLs & ASSOC. . IxC - JOB 93-336 Inc. DESCRIPTION' FOR. VACATING STORM MAIN I ASBEN'T 4MO ME Fmnaort9t FoNend.OR 9M3 EXHIBIT ph"@q m-an FAX(:tKil 264M A 15 foot strip of land for the purpose of a storm drain easement: being a portion of Lots 27 and 28 of the duly recorded plat of Waverly Estates, situated In the Northeast One Quarter of section 14, Township 2 south, Range 1 West of the Willamette Meridian, in the City of Tigard. County of Washington, State of Oregon, Recorded in Plat Book 92. Pages 9, 10 & 11 of Washington County Plat Records. beim more particularly described as follows: The easterly► T.5 feet of said Lot 28, and the westerly 7.5 feet of said Leat 2^, along the comnon Iine of Iots 2"S and 271 . extending to the north line of lot 27. i TzAGT r •� h koT 27 F iai EF!:::��tD,,��i/ 1 S �✓ yAG•4 fi DA`:IO4'J. MIL, 1 = 6C C1�13 NCM- : This vacate is rieedrd due to char es, during construction. affecting the swale and storm line. The storm line. as built. will be better situated within the nea easement described in e:dtibit :xc8rtiara�JCerrtC!!, wrsatr'vy.SoterflCrs. :rvaliry"tyvnd Yaur xc,►asrtcnx i =-XHIBIT "C" W.B. Wells and. "REV RE I SEED" associates CCIOBEt 21., 1994 Inc' W.B. WELLS & ASSCC. , INC - JOB 93-336 4=KE ft aSL Paftni OR SM3 LEML DESCRIPTION PSR STORM DRAIN EASEMENT .(SM 284-sags FAX(SM)264-85M E 1IBZT A 15 foot strip of land for the purpose of a storm drain easemert, being a portion of Lots 35 and 36 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 Tigard, County of Washington, State of Oregon, Recorded in Plat Book 92, Pages 9, IO & 11 of Washington County Plat Records, being more particularly described as follows: The easterly 5 feet of said Lot 36, and the westerly IO feet cf said Lot 35, along the t.cmncn line of lots 35 and 36, extending to the north line of lot 35. ,.rteREGISTERED NAL PROF E5=i0'% N S n LAND SURVEYOR --�'► Ai r OREGON X19 rt 50 t DAVID0 915 ILLS NC E, This easement is needed due to changes, during ccnstr Ucticn, _.VcnriCnsi ser'dc@. affecting nrJ the Swale and s tcrm line. The sto:it line, as built, will C:6'dtive3utut1cne, hq '--ette-'r s2 uated within the new ease< mnt described above. Cusfily Beyond Your Expectations. J EXHIBIT >r Wells 0CMBER 5, 1994 and associates w-11- wELLs tx Assoc. , INc - JOB 93-336 Inc. LEt-AL DESCRIPTION FOR STORM DRAIN EASBIOT 4=N,E Ffora tSL Portly 4 OR MM M113I T Phone(300)284-UN FAX(Sq-.84-MM 15 foot strip of land for the purpose of a storax drain easement, being a portion of Lots 27 and 28 of the duly recorded plat of Waverly Estates, situated to the Northeast One quarter of section 14. Township 2 south, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington, State of Oregon, Recorded in Plat Book 92, Pages 9. 10 & 11 of Washington County Plat Records, being more particularly described as follows: The easterly 5 feet of said Lot 28, and the westerly 10 feet of said Lot 27, along the common line of lots 28 and 27, extending to the north line of l-�t 27. 7;ZA e.7- �h 27 ►s lot LAND QR-G0N DAVID W, MILLS 01915 �?cR•� .4=--: This easement is needed due to chans;es. during construction, affecting the swale and storax line. Tile storm line. as built, will be better situated wi thin the new ta.seszsets t described above. rCAGftCRi1.�4h':Cl, :�sahvt?SQ/U�iCRS, .ua/Ry 9eycnd Your:xpecmdaaris. - UURHAM RD Yl � • TIGARD HIGH SCHOOL MARTHA ST .IA PL •t' to L r C + Z s cu *.1L � 111A�.T � 01�1IE 1 F.frft� MOT 7v Sclsi a at CIT`: OF TIGA2D, OREGON RESOLUTION NO. 94- 51 A RESOLUTION CONC..RNING THE VACATION OF TWO 15 FOOT WIDE PUBLIC STORM DRAINAG EASEMENTS LOCATED BETWEEN LOT #3S AND LOT #36, AND BETWEEN LOT #27 AND LOT #28 WAYMIRE ESTATES SUBDIVISION. w-1-:ER.EAS, the plat of Waymire Estates dedicated a public storm drainage easemer. between Lot #35 and lot #36, and between lot #27 and lot #28 ; and, WEMIrAS, the 1S foot wide storm drainage easements are no longer necessary; and wHERE;tS, the owner of the affected lot has requested that the easements be vacated and, WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings fo the requested vacation. vOW, Tu"F._.REFORE, BE IT RESOLVED by the Tigard City Council, that : Section 1: The Tigard City Council initiates a request for vacation of two 1 foot wide storm drainage easements located between lot #35 and to n3o', and between lot #27 and 428 , of the Waverly Estate subdivision, as more particularly described in Exhibit " 'I and "B" Section 2 : A public hearing is hereby called to be held by the City Counci on Tuesday, January 24, 1995, at 7:30 p.m. at Tigard City Hall 13125 SW Hall Boulevard, within the City of Tigard, at which tim and place the Council will hear any objections thereto, and an interested person may appear and be heard for or against th propsosed vacating of said easement . Section 3 : The City Recorder is herebv authorized and directed to cause t ha-,,re published '___ t_e Tiaard Times, a new n e r-� s spa�.er o= g�._e_� cizcuia tic n _n t»e C�.ty of: Tigard, a notice of said ilea::)- , t first publication to be on January 5, 1995 and the fine publication to be on January 12, 1995 . The Recorder is furthe directed to cause to have posted within five days after the dat of �_rst perblicatiCn, a copy of sa_d not_ca at cr near each end c tie area proposed to ba vacated. ecoion 4 : The particular public easements to be vacated are shown on ti- attached Exhibit "B" and "C" and by re=erence made a part hereof ?.S S I : . This d,av C= �.L�/�.1 ?c 9 a . Mayo C1.V C� Ticar: CIC:y Recorder - City of icTardd R-z'SOLU"-", T-CN NO. 94-57 Page 2 AGENDA ITEM # For Agenda of ZtI3 Og t4 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Initiation of Vacation Proceedings for two 15 foot wide -public storm drainage easements located between lot #35 and lot #36 , an between lot #27 and lot #28 in Waverlv Estates subdivision. PREPARED BY: Will D'Andrea - DEPT HEAD OK JZXt'02 CITY ADMIN OK VVY'^-- ISSUE BEFORE THE COUNCIL Should the City Council initiate vacation proceedings for two 15 foot wide public storm drainage easements located between lot #35 and lot #36, and between lot #27 and lot #28, in Waverly Estates subdivision. STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY In the City vacation process of streets, easements, and other public dedicated areas, the City Council begins the process by passing a resolution to schedule a public hearing to consider such requests . Kenneth Waymire, the petitioner, is requesting that the City Council initiate vacation proceedings for two 15 foot wide public storm drainage easements located between lot #35 and lot #36 (Exhibit A) , and between lot #27 and lot #28 (Exhibit B) , in Waverly Estates subdivision. A storm drainage easement was provided with the Waverly Estates subdivision approval SUB 93-0007 . Due to changes during construction of the drainage facilities it is necessary to relocate the drainage easements. The locations of the new easements are shown in Exhibits C and D. Appropriate agencies shall be contacted for comments . Attachments : Exhibit A - vicinity map; Exhibit B, C,D, E - site map OTHER ALTERNATIVES CONSIDERED 1 . Take no action at this time . FISCAL NOTES All 'Lees have been paid by the applicant . CITY OF TIGARD, OREGON RESOLUTION NO, 94- A RESOLUTION CONCERNING THE VACATION OF TWO 15 FOOT WIDE PUBLIC STORM DRAINAGE EASEMENTS LOCATED BETWEEN LOT #35 AND LOT #36, AND BETWEEN LOT #27 AND LOT #28, WAYMIRE ESTATES SUBDIVISION. WHEREAS, the plat of Waymire Estates dedicated a public storm drainage easement between Lot #35 and lot #36, and between lot #27 and lot #28; and, WHEREAS, the 15 foot wide storm drainage easements are no longer necessary; and, WHEREAS, the owner of the affected lot has requested that the easements 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 two 15 foot wide storm drainage easements located between lot #35 and lot #36, and between lot #27 and #28, of the Waverly Estates subdivision, as more particularly described in Exhibit "All and "B" . Section 2 : A public hearing is hereby called to he held by the City Council on Tuesday, January 24, 1995, 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 propsosed vacating of said easement . 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 on January 5, 1995 and the final publication to be on January 12, 1995. 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 I'D" and IICII and by reference made a part hereof. PASSED: This day of 1994 . Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 94- Page 2 SSTvrRkAATlFr-QjR,Q CT DURHAM RD --_. TIGARD HIGH MARTHA- SCHOOL ST JLIA PL w d Y � W cr �� ) F 77Q Z 7N I I t I I I I j 7/ 0� i r4".. �il 7�r�• � G N�? 7'V $Cdki MEMIT 'A �� i W "REVISED" W@l�S OBER u, 1994 and associates W.B. WELLS & ASSOC. , INC - JOB 93-336 lLz=L DarmiBTICIY FCR vAmmw sm m DRAIN EASEMENT trEFMffVtSt Pound,OR 97213 Phone(Stx31 254-VA6 FAX(503j 2844a34 A 15 foot strip of land for the purpose of a storm drain easement, being a portion of Lots 35 and 36 of the duly recorded plat of Waverly Estates, situated in the Northeast Cine Quarter of section 14, Township 2 south, Range 1 West of the Willamette Meridian, in _- the City of Tigard, County of Washington, State of Cregon, Recorded a in Plat Book 92, Pages 9, 10 & 11 of Washington County Plat Records, being more particularly described as follows: The easterly 7.5 feet of said Lot: 36, and the westerly 7.5 feet of said Lot 35, along the cwt line of lots 36 and 35, extending to the north line of lot 35. ''A - L.0 s,s' vg� REc;tSZ"ERED rj�,RC.F :=- PROFESSIONAL LAID SURVEYOR �o1 j gip! OREGON 4 314.7tLIwo DAVID W. MILLS _ 01915 NCTE: This vacate is needed due to changes, during constructicn, affect: nq the awale and storm line. The storm 14ne, as built, will be better situated within the new'casement described in e:chi.bit'c� .Ssrvice, �+yanr!Your F.�ee�aNarrs. . . 1U. :7i94 13:00 =sr zs4 8330 WB WELLS & ,V 'C W.B. Wells OCTOBER 5, 1994 and associates W-13- WIS & ASSOC-, INC - JOB 93-336 Inc. LMAL DESCMIPTICN FOR VACATING STG`W MAI`t F_,%S2AENT 4230 KE Ftwmr t SL P* trnd<OR 9M3 Ptkx»(6Q.�2396 • FAX(Sq 264 = A. 15 toot strip of land for the purpose of a storm drain easement= being a portion of Trots 27 and 28 of the duly recorded plat of _ Waverly; Estates, situated in the Northeast One Quarter of section 14, To++onship 2 south, Range 1 West of the Willamette Meridian, in the City of Tigard. Count; of Washington, State of Oregon, Recorded .a_ in Plat Book 92, Pages 9, 10 & 11 of Washington County Plat Records. being more particularly described as follows: The easterly 7.5 feet of said Lot 28, and the westerly 7.5 feet of said Lot 27, along the common line of lots 28 and 27, extending to the north line of lot 27. �pT 27 1r. .� �„O T 2,8 � ✓.��4 re DA IO W. MILLS � 01915 Y NO=- : This vacate is needed due to changes. during construction. affecting the swale and stor= line. The storm line. as built. will be batter situated Within the ,new easement described in exhibit ''E" .. Se►vres< sahnt+ons, 84y o w Your avoesIIr:om W.B. Wells and. "REV I SED** associates CCMB?R 21, 1994 mc, W.B. WELLS 6 ASSOC. , INC - VICE 93-336 4230 KS Fmffxrt St Portland.OR 9n13 La-CAL DESCRIM.TICN FCR STCRM DRAIN EASEMEZIT Fhwa(S1 284-SM FAX(5031254.86M A 15 foot strip of land for the purpose of a storm drain easement, being a portion of Lots 35 and 36 of the duly recorded plat of Waverly Zstates, situated in the Northeast Cne Quarter of section 14, Township 2 south, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington, State of Oregon, Recorded in Plat Book 92, Pages 9, 10 & 11 of Washington County Plat Records, being more particularly described as follows: The easterly 5 feet of said Lot 36, and the westerly 10 feet of said Lot 35, along the c:cm;mon line of lots 35 and 36, extending to the north line of lot 35. REC1STc:iED -I'2A47- , PROPESSiCiNAL 14AR LAND SURVEYOR 1 1 LOT 3n -- ,AL FtDAVID OREGON G1 o H W. MILLS 1915 Z),tAct/ EAS£r�T•v lo NCI'E: This easement is needed due to changes, during const:acticn, rtic.nai ser.,rca, of i ect-ng the swal a and storm line. The stv:^.n I ine, as hui l_, wi 11 c:sanvesauricns, be 'batter situated within the new easement described above. Cuslity Seyerd Your Expec-36cns. EXE) ? W.B. Wells 0CMEER, 5, 1994 and associates W.B. WELLS a ASSOC. , rVC - ,;Ca 93-338 mc, UGAL DE CRIPTION FOR STOW CRAW EASaWT 4=N,E Fiema t SL Portland,CR 97'213 PhW8(33)284.90 FAX(-MM A 13 foot strip of land .for the purpose of a storm drain easement, being a portion of Lots 27 and 28 of the duly recorded plat of Waverly Estates, situated in the Northeast One quarter of section 14. Township 2 south. Range I test of the Wi I lamette Zteridian, in the City of Tigard, County of Washington, State of Oregon, Recorded in Plat Book 92, Pages 9. 10 & 11 of Washington County Plat Records, being more particularly described as follows: The easterly 5 feet of said Lot M. and the westerly 10 feet of said Lot 27. along the coacmc�n line of lots �8 and 27, extending to the north line of 1•:t 27_ 27 ` 1 .- �C:AL r LNZI e-• 0R2G0N JULY t d„1;4* DAVID W. MILLS ©3315 NCTr: This easement is needed due to chansres. durina* construction. affecting the swa.la and storm line. The storm line, as built, will be better situated within the new easesaerit described above. zcaotionat S*r.7CYt, :raatrv!Solutiorss -Ifty a.yand Your Erpecradans.