94-000645 ~ 130th Avenue 94000645
*—k Tc) Washington County
o l+.y��-d CITY OF TIGARD, OREGON
1 3 12$ S°, cv.
ORDINANCE NO. 93-�
AN ORDINANCE CONCERNING THE VACATION OF A DEDICATED STORM DRAINAGE
EASEMENT ACROSS LOTS 21 THROUGH 31 AND LOT 33, OF THE PLAT OF WOODFORD
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 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 purpose of this vacation is to vacate a 15 foot storm
drainage easement which is no longer needed due to the manner in which
the properties were developed and graded; 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.
r
Certified to be a True Copy of
ORDZNA CE No. `93- Jaz Original o_ n file Dr6
. .�.. ...
Page l
City Recorder-City of Tigard
-- Date, LaI0101q3
"two,
r.r+►
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of
that certain portion of the public stormm drainage
easement as described on the attached exhibit A (map of
area to be vacated) and by this reference made part
there of.
SECTION 2: 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 UnG.. a rrwu 5 vote of all Council members
present after being read b number and title only, this
d day of N �ti. , 1993.
Ca herine Wheatley, City Aecorder
APPROVED: This mrd day of �� '✓� �'�L- , 1 3.
Gertid
R. dwards,- Mayor
Approved as to form:
C ty torney
Date
ORDINANCE No. 93- .2-
Page 2
XHIBIT "A"
EASEMENT TO BE VACATED IN WOODf GIRD ESTATES
6
33 32
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EASEMENT RETAINED 24I I ij I I 1 t
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7M 15' STORM DRAINAGE
23 EASEMENT TO BE VACATED
15' STORM DRAINAGE
n EASEMENT RETAINED
22
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21 19
20
EX kA 413 17 13
CITY OF TIGARD, OREGON
RESOLUTION NO. 93- 53
A RESOLUTION CONCERNING THE VACATION OF A STORM DRAINAGE EASEMENT IN
WOODFORD ESTATES
WHEREAS, the plat of Woodford Estates dedicated a storm drainage easement
across Lots 21 through 31 and Lot 33; and,
WHEREAS, it appears that the easement may be unnecessary; and,
WHEREAS, the owners of the affected lots have requested that the easement
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 a storm drainage easement along the west boundary of
the plat of Woodford Estates, as more particularly
described in Exhibit "A" .
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 easement to be vacated is shown on
the attached Exhibit "All and by reference made a part
hereof.
PASSED: This (Pt' day 1993.
yor -- ity of Tigard
ATT T:
4e
City Recorder City of Ti
rwlvac-res2
RESOLUTION NO. 93- 5-3
Page 1
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EXHIBIT "A" — 4-b
EASEMENT TO BE VACATED
A public storm drainage easement located in the east one-half of
the northeast 1/4 of Section 9, Township 2 South, Range I West,
Willamette Meridian, City of Tigard, Washington County, Oregon
dedicated by the plat of Woodford Estates as recorded at Page 16
through 18 in Plat Book 80 in the records of Washington County,
Oregon, and more particularly described as follows:
The west 15 feet of Lots 21 through 31 and the west 15 feet of
Lot 33,
EXCEPT the south 7.5 feet of Lot 24 and the north 7 .5 feet of
Lot 23 .
dj/Exhibit
STATE OF OREGON
County of Washington SS
1, Jerry,,
n tr&ctor of Assess-
ment and,,, n, Ex�Ofkio County
Clerk for•aalct coxothereby",tertify that
the within"n"' 'ru g Iwas received
and red", e records,, of said
county
jerry Hanson,Director of
sesatttartt ani Taxation,Ex-
OffictoCourity Clerk
Doc 94000645
Rect: 114337 93. 00
01/04/1994 09: 32: 53AM
RESOLUTION NO. 93-53
Page 2
vr'
AGENDA ITEM #
For Agenda of November 23 , 1993
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Vacation of a portion of a 15 foot wide storm
drainage easement o o states subdivision
PREPARED BY: Will DfAndrea DEPT HEAD O CITY ADMIN OK 4
ISSUE BEFORE THE COUNCIL
Should the City Council vacate a portion of a 15 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. 93-53; Exhibit B) .
The City of Tigard, petitioner, requests City Council approval to
vacate a portion of a 15 foot wide storm drainage easement which lies
on the western boundary of Lots 21 through 31 and Lot 33, of the plat
Woodford Estates.
The petitioner has stated that because of the way that the properties
have been developed and graded, the storm drainage easement is no
longer needed.
Appropriate agencies have been contacted and have offered no objections
to this easement vacation.
SER 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.
VecNoodf.Sum
CITY OF TIGARD, OREGON
ORDINANCE NO. 93-
AN ORDINANCE CONCERNING THE VACATION OF A DEDICATED STORM DRAINAGE
EASEMENT ACROSS LOTS 21 THROUGH 31 AND IAT 33, OF THE PLAT OF WOODFORD
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 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 purpose of this vacation is to vacate a 15 foot storm
drainage easement which is no longer needed due to the manner in which
the properties were developed and graded; 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 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.
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 described on the attached exhibit A (map of
area to be vacated) and by this reference made part
there of.
SECTION 2: 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 , 1993 .
Gerald R. Edwards, Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 93-
Page 2
1 2
s EXHIBIT "A"
EASEMENT TO BE VACATED IN WOODFORD ESTATES
6
33 32
7
31
9
30
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LS' STURM DRAINAGE
S.V. 2DUMVIEV ST
EASEMENT RETAINED 24
7.50'
i6
Iso 15' STORM DRAINAGE
23 ® EASEMENT TO BE VACATED
® 15` STORM DRAINAGE
n EASEMENT RETAINED
22
21 l9
EIK A%13 17 13
(74� CITY OF TIGARD, OREGON
RESOLUTION NO. 93- 53
A RESOLUTION CONCERNING THE VACATION OF A STORM DRAINAGE EASEMENT IN
WOODFORD ESTATES
WHEREAS, the plat of Woodford Estates dedicated a storm drainage easement
across Lots 21 through 31 and Lot 33; and,
WHEREAS, it appears that the easement may be unnecessary; and,
WHEREAS, the owners of the affected lots have requested that the easement
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 a storm drainage easement along the west boundary of
the plat of Woodford Estates, as more particularly
described in Exhibit "A" .
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 easement to be vacated is shown on
the attached Exhibit "A" and by reference made a part
hereof.
PASSED: This <) day 1993.
1-�Mayor -- ity of Tigard
ATT PT:
City Recorder City of Ti
rwlvac-res2
RESOLUTION NO. 93- 53
Page 1
EXHIBIT "A"
EASEMENT TO BE VACATED
A public storm drainage easement located in the east one-half Of
the northeast 1/4 of Section 9, Township 2 South, Range 1 West,
Willamette Meridian, City of Tigard, Washington County, Oregon
dedicated by the plat of Woodford Estates as recorded at Page 16
through 18 in Plat Book 80 in the records of Washington County,
Oregon, and more particularly described as follows:
The west 15 feet of Lots 21 through 31 and the west 15 Beet of
Lot 33,
EXCEPT the south 7.5 feet of Lot 24 and the north 7 .5 `eet of
Lot 23 .
dj/Exhibit
RESOLUTION NO. 93-53
Page 2
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