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Resolution No. 18-13 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- 13 A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF PUBLIC SLOPE AND DRAINAGE EASEMENTS ALONG SW ROY ROGERS ROAD (VACATION NO. 545) WHEREAS, Washington County Board of Commissioners Resolution and Order No. 17-129 (the Order) ordered the vacation of the public slope and drainage easements along SW Roy Rogers Road, as dedicated in Deed Document number 2001-014231, situated in the northeast One-quarter of Section 7,T2S, R1W,W.M., City of Tigard,Washington County,Oregon,as described and shown in the attached Vacation Report;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 368.361 (3) provides that a county body may vacate property that is under the jurisdiction of the county,and that is entirely within 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 No. 17-129. 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. PASSED: This day of )4611 2018. Mayo City of Tigard ATTEST: City Recorder-City of Tigard Cl RESOLUTION NO. 18-/_j Page 1 Washington County,Oregon 2017.096161 12/08/2017 01:19:21 PM D-VAC Cnt=1 Stn=30 RECORD51 $45.00$5.00$11.00$20,00-Total=$61,00 After Recording Return To: 11111111111 I I I I i N l I 1111111111111 02345819201700961510090099 !.Richard tiobornicht,Director of Assessment and LUT—MS17 Taxation and Ex•OHIcio County Clark for Wasnington 1� County,Oregon,do hereby certify that the within 1 instrument of writing was received a d re orded In the{Eel: cb; book of records of said coin c r Richard Mobarnicht,Director of Assessment and Taxation,Ex-Officio County Clerk AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing—Land Use&Transportation (CPO 4B) Agenda Title: VACATE PUBLIC SLOPE AND DRAINAGE EASEMENTS ALONG SW ROY ROGERS ROAD,(VACATION NO. 545) Presented by: Andrew Singelakis, Director of Land Use &Transportation SUMMARY: A petition was received by the Board to vacate the public slope and drainage easements along SW Roy Rogers Road, as dedicated in Deed Document number 2001-014231, situated in the northeast One-quarter of Section 7,T2S, R1 W, W.M., City of Tigard, Washington County, Oregon, as described and shown in the attached Vacation Report. The parcels of land encumbered by the public easements are in the process of being developed, and due to the proposed improvements, the existing public slope and drainage easements are no longer needed by the public. Additional right-of-way has been dedicated, and additional public utility easements have been granted. There will not be any adverse impacts to the public or on the abutting properties. The vacation petition was signed by 100% of the abutting property owners. Staff has reviewed this request and determined the public slope and drainage easements, proposed to be vacated, are no longer necessary for public use. The proposed vacation is in the public interest. 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 and 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 the City Council of the City of Tigard resolve and order concurrence with this vacation pursuant to ORS 368.361(3). COUNTY ADMINISTRATOR'S RECOMMENDATION: I concur with the requested action. Agenda Item No. 6.e. ✓ Date: 12/05/17 IN THE BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON In the Matter of the Vacation of the ) Public Slope and Drainage Easements, ) RESOLUTION AND ORDER Being in the Northeast One-Quarter of) Section 7, 72S,RIW, W.M., ) NO. 1 2 Washington County, Oregon ) VACATION NO. 545 The above-entitled matter having come on regularly before the Board at its meeting December 5, 2017; and It appearing to the Board that a petition has been filed to vacate the public slope and drainage easements along SW Roy Rogers Road, situated in the Northeast One-quarter of Section 7, T2S,Rl 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 easements proposed 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 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 easements 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 and the resolution or order of the City of Tigard recorded in the records of Washington County, Oregon, and cause copies of these orders 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 5th day of December,2017. BOARD OF COUNTY COMMISSIONERS AYE NAY ABSEMT FOR WASHINGTON COUNTY, OREGON DUYCK .�. SCHOUTEN MAUNOV00 ...._ ROGERS Chairperson TEARY .�.. Recording Secretar Approved as to form Qni--Q��Q-A__ Co ney D. Duke-Driessen Assistant County Counsel Date: ja <ntx5r Ila ZQ. —j Page 2—R&O No. 17' 121 Vacation No. 545 DEPARTMENT OF LAND USE AND TRANSPORTATION REPORT ON VACATION NO. 545 December 5, 2017 VACATION OF PUBLIC SLOPE AND DRAINAGE EASEMENTS A request for vacation proceedings has been received by the staff for the Board of County Commissioners to Vacate the public slope and drainage easements along SW Roy Rogers Road. Said easements are described in Exhibit "A" and shown on Exhibit"B", attached hereto, and by this reference made a part hereof. The owners of the property abutting the portions of the easements to be vacated are: 2S1 07, TL 103 and 104 ADLV Land Holdings, LLC 7600 E. Doubletree Ranch Road Scottsdale, AZ 85258 CRITERIA FOR EVALUATION OF PUBLIC EASEMENT VACATION REQUESTS 1) Conformance with the County's Comprehensive Plan The public easements proposed to be vacated are not required by the Transportation Plan. 2) Use of the Right-of-Way or Easements The public slope and drainage easements proposed to be vacated were originally granted in 2001 to facilitate the widening of SW Roy Rogers Road. SW Roy Rogers Road is currently scheduled to be widened again and a subdivision development adjacent to these easements is under review. The Planning and Development Services and the Engineering and Construction Services divisions have reviewed this vacation proposal in conjunction with the future needs of SW Roy Rogers Road. Based upon this review, the adjacent land owners have dedicated additional right- of-way and granted additional public utility easements along SW Roy Rogers Road thereby making the easements proposed for vacation no longer necessary for public use. 3) Impact of Utilities and Emergency Services Public slope and drainage easements are proposed to be vacated, therefore there are no adverse impacts to public utility providers or emergency services. 4) Limits of Vacation and Evaluation of"Public Road" Status The public slope and drainage easements, proposed to be vacated, are not needed for public use as a result of the widening project taking place and the subdivision being developed on the adjacent property. The easements are within the city limits of Tigard and, pursuant to ORS 368.361(3), the city must concur with this vacation proceeding for it to become finalized. The limits of the easements proposed to be vacated are logical and justifiable, and the vacation of these easements will not have any adverse impacts on the public or the abutting properties. Based on the above statements, it is recommended that the Board of Commissioners grant the vacation of the public easements proposed herein, as it is in the public interest. a A. tockhoff, P.E. Wa§hKgton County Engineer EXHIBIT A October 30, 2017 LEGAL DESCRIPTION Job No. 395-010 Vacation of Permanent Slope 13 Drainage Easement Vacation of a permanent slope ft drainage easement acquired by Eminent Domain in Court Case No. C99.1118CV, as recorded in Document No. 2001-014231, Washington County Records, within Parcels 3 and 4 of the land described in Document No. 2015-058670, Washington County Deed Records, in the Northeast Quarter of Section 7, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon, more particularly described as follows: COMMENCING at the Northwest corner of the Northeast quarter of the Northeast quarter of said Section 7; thence along the northerly Section line of said Section 7, North 89'20'24" East, a distance of 66.86 feet to a point on the easterly Right-of-Way line of SW Roy Rogers Road (County Road No. 3150); thence along said easterly Right-of-Way line, South 01'45'31" East, a distance of 29.21 feet to a point of tangential curvature; thence continuing along said easterly Right-of-Way, along a 5048.55 foot radius tangential curve to the right, arc length of 38.20 feet, central angle of 00'26'01", chord distance of 38.20 feet, and chord bearing of South 01'32'31" East to the POINT OF BEGINNING; thence continuing along said easterly Right-of-Way line, along a 5048.55 foot radius curve to the right, arc length of 100.38 feet, central angle of 01'08'21", chord distance of 100.38 feet, and chord bearing of South 00°45'20" East to a point of tangency; thence continuing along said easterly Right-of-Way line, South 00'11'09" East, a distance of 1095.43 feet to an angle point; thence continuing along said easterly Right-of-Way line, South 45°25'48" East, a distance of 24.03 feet to the most southerly corner of said Easement; thence along the easterly line of said Easement, North 00'11'09" West, a distance of 194.77 feet to an angle point; thence continuing along said easterly line, North 11°29'45" West, a distance of 33.46 feet to an angle point; Page 1 of 3 12564 SW Main Street,Tigard, OR 97223 • [TJ 503-941-9484 [F]503-941-9485 thence continuing along said easterly line, North 00'11'09" West, a distance of 820.21 feet to an angle point, thence continuing along said easterly line, North 04'10'30" West, a distance of 165.34 feet to the POINT OF BEGINNING. Containing 13,065 square feet, more or less. Basis of bearings being Survey No. 32,052, Washington County Survey Records. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 9, 2002 TRAVIS C. JANSEN 57751 RENEWS: 6/30/2019 Page 2 of 3 Pacific Community Design, Inc. 12564 SW Main Street,Tigard,OR 97223 ♦ [fJ 503-941-9484 IF]503-941-9485 � iPOC NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE N89'20'24"E NORTHEAST QUARTER OF SECTION 7 66.86' SW ROSHAK ROAD (UNIMPROVED) R=5048.55' -f� S01'45'31"E L=38.20' 29.21' SECTION LINE 0�'26'Ot POB PARCEL 3 CH=38.20' S01'32'31"E DOCUMENT NO, i 2015-058670 R=5048.55' N04'10'30"W L=100.38' 165.34' 1'08'21 55.77' CH=100.38' 45.27' S00'45'20"E 1/16TH SECTION LINE—/ tn — M d z i 0 0 ! N M 00 3 p p V 00 00 00 .. w ■ p dZr- C,z^ LoZr O O H00 HGD F21 O z WZLoWWO wZO 1 I m m I w vii apo a_pVa a0o IL O O N p N O N n } O 0 3 N11'29'45"W 33.46' i s a. CENTERLINE y N00'1 I'09"W 3 EASEMENT TO BE VACATED 19477' v 62.34' o _--- SW BULL MOUNTAIN ROAD (COUNTY ROAD NO. 262) e S45'25'48"E 24.03' I d EXHIBIT A VACATION OF PERMANENT SLOPE & DRAINAGE EASEMENT DRAWN BY: BAA DATE: 10/30/17 $ REVIEWED BY: TCJDATE: 10/30/17 12564 SW Main St PROJECT NO.: 395-010 Tigard, OR 97223 SCALE: 1"=200' [T] 503-941-9484 z [F] 503-941-9485 PAGE 3 OF 3