Resolution No. 19-31 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 19-3/
A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING
VACATION OF A PUBLIC SLOPE EASEMENT ALONG SW SCROLLS FERRY ROAD AND SW
ROY ROGERS ROAD
WHEREAS, Washington County Board of Commissioners Resolution and Order No. 19-41 (the Order)
ordered the vacation of a public slope easement situated in the northeast One-quarter of Section 6,T2S,R1W,
W.M.,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. 19-41.
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 3 day of " 2019.
May'-or City of Tigard
. Ci
ATTEST:
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City Recorder-City of Tigard
RESOLUTION NO. 19-3
Page 1
DEPARTMENT OF LAND USE & TRANSPORTATION
REPORT ON VACATION NO. 555
May 7, 2019
VACATION OF A PUBLIC SLOPE EASEMENT
A request for vacation proceedings has been received by the staff for the Board of
County Commissioners to vacate a public slope easement, said easement being granted
in Deed document number 97-093197, and more particularly described in Exhibit A and
shown on Exhibit B, attached hereto.
The owners of the property abutting the easement to be vacated are:
2S106AC, TL 350& 351
Polygon WLH, LLC
703 Broadway Street#510
Vancouver,WA 98660
2S106DA, TL 16500
Portland General Electric Company
121 SW Salmon Street
Portland, OR 97204
CRITERIA FOR EVALUATION OF ROAD VACATION REQUEST
1) Conformance with the County's Comprehensive Plan
The public easement proposed to vacated is not required by the Transportation
Plan.
2) Use of the Right-of-Way
The public slope easement proposed to be vacated was originally granted
in 1997 to facilitate the re-design of the SW Scholls Ferry Road and SW
Roy Rogers Road intersection. The Engineering and Construction
Services division has reviewed this vacation proposal in conjunction with
future needs of the intersection. Based upon this review, the adjacent
property owner has dedicated additional right-of-way and granted public
utility easements thereby making the public slope easement no longer
necessary for public use.
3) Impact of Utilities and Emergency Services
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 easement, proposed to be vacated, is not needed for public use
as a result of the subdivision being developed on the adjacent property. The
easement is 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 easement proposed to vacated are logical and justifiable.
Vacating this easement will not have any adverse impacts on the abutting
properties or utilities.
Based on the above statements, it is recommended that the Board of Commissioners
grant the vacation of the right-of-way proposed herein, as it is in the public interest.
Joe un t ns, PA--A
Interim
. .-
Interim Washington County Engineer
EXHIBIT A
February 12, 2019
LEGAL DESCRIPTION Job No. 395-061
Vacation of Permanent Easement for Slopes
An easement defined as Parcel 5 in Document No. 97-093197, Washington County Records
located within Parcel 3 of Partition Plat No. 2016-038, Washington County Plat Records, in the
Northeast Quarter of Section 6, Township 2 South, Range 1 West, Willamette Meridian, City of
Tigard, Washington County, State of Oregon.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
=C.JANSEN
RENEWS:6/30/2019
Page i of 2
12564 SW Main Street,Tigard,OR 97223 ♦ (TI 503-941-9484[F]503-941-9485
0.
ot rl
Pop
scoo-s
S*
PARCEL 5 - PERMANENT
EASEMENT FOR SLPES
5 DOCUMENT NO. 97-O093197PER
PARTITION PLAT
$,`'l Pt', NO. 2016-038
PARCEL 3
b
est C
SW FRIENDLY LANE 8
(CR 3282 T/J)
9
Ld
to DOCUMENT NO.
2010-011206
55.00,
EXHIBIT A
VACATION OF PERMANENT EASEMENT FOR SLOPES
DRAWN BY. GPS DATE- 2/12/19
2/12/19 12564$W Main St
REVIEWED BY: lCJ DATE: Tigard, OR 97223
PROJECT NO.: 395-051 - [T] 503-941-9484
SCALE: 10-60, [F] 503-941-9485
PAGE 2 OF 2
I IN THE BOARD OF COUNTY COMMISSIONERS
2 FOR WASHINGTON COUNTY,OREGON
3 In the Matter of the Vacation of a Public RESOLUTION AND ORDER
Slope Easement,situated in the northeast No. 19 - 4 1
4 one-quarter of Section 6,T2S,RIW,W.M., VACATION NO. 555
Washington County,Oregon
5
The above entitled matter having come regularly before the Board at its meeting May 7,
6
2019;and
7
It appearing to the Board that a petition has been filed to vacate the public slope easement
8
situated in the northeast One-quarter of Section 6,T2S,RlW,W.M.,Washington County,Oregon,
9
as described and shown in the attached Vacation Report. The petition was signed by owners of
10
100%of the property to be vacated,pursuant to ORS 368.351;and
11
It appearing to the Board that said petition did describe the easement proposed to be
12
vacated,the names of the parties to be particularly affected thereby,and set forth the particular
13
circumstances of the case;and
14
It appearing to the Board that the easement,proposed to be vacated,is under the
15
jurisdiction of Washington County and entirely within the corporate limits of the City of Tigard,
16
Oregon,as described in ORS 368.361(3); and
17
it appearing to the Board that the easement proposed to be vacated is no longer needed for
18
the use of the public; and
19
It appearing to the Board that the County Road Official did examine the area proposed to
20
be vacated and hereby submits to the Board the Vacation Report attached hereto,and by this
21
reference made a part hereof,in accordance with ORS 368.351(1);it is therefore
22
Page I -RESOLUTION AND ORDER WASHINGTON COUNTY COUNSEL
161 NW ADAMS AVENUE,SUM 305,MS#24
HRLSWRO,OR 97124
PHONE(503)846.5747-FAX(503)8464636
1 RESOLVED AND ORDERED that the easement,proposed to be vacated and more
2 particularly described in the attached Vacation Report,is hereby vacated as it is in the public
3 interest. This vacation shall become final upon the formal concurrence of the City of Tigard by
4 either resolution or order pursuant to ORS 368.361(3);and it is further
5 RESOLVED AND ORDERED that the County Surveyor of Washington County,Oregon,
6 be and hereby is authorized and directed to mark the vacated easement on the plats and records of
7 Washington County,Oregon;and it is further
8 RESOLVED AND ORDERED that the County Surveyor of Washington County, Oregon,
9 be and hereby is authorized and directed to have this order of vacation recorded in the records of
10 Washington County,Oregon,and cause copies of this order to be filed with the Director of
11 Assessment and Taxation and the County Surveyor's Office in accordance with ORS 368.356(3).
12
13 DATED this 7th day of May,2019.
14
BOARD OF COUNTY COMMISSIONERS
15 FOR WASHINGTON COUNTY,OREGON
16
AV9 NAY AIIdINT �, 71119
HARRINGTON
CHAIR
17 SCHOUTEN ,..Ug�. _._.
TREECE _
18 ROQERB RECORDING SEGRF Y
� � _
19 WILLEY
20
21 Approved as to form
22 � QO
Co ey D. Duke-Driessen
Assistant County Counsel
Date: L4 f I Lu It 6'
Page 2 -RESOLUTION AND ORDER ( )
WASHINGTON COUNTY COUNSEL
161 NW ADAM AVENUE,SUITE 305,MS#24
HILLSBORO,OR 97124
PHONE(503)846-8747-FAX(503)846-86%