2020-007937 RECORDING REQUESTED BY
Washington County,Oregon 2020.007937
NAME. City of Tigard - City Recorder's Office D-ER 01/29/2020 09:52:51 AM
Stn=8 J CHOATE
$45.00$11.00$5.00$60.00 $121.00
I,Margaret Garza,Interim Director of Assessment and Taxation and
WHEN RECORDED MAIL TO: Ex-Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
recorded in the book of records of said county.
NAME: City of Tigard - Recorder's Office Margaret Garza, Interim Director of
Assessment and Taxation, Ex-Officio
ADDRESS: 13125 SW Hall Blvd.
CITY,STATE,zfP: Tigard, OR 97223
(DOCUMENT WILL ONLY BE RETURNED TO NAME&ADDRESS IDENTIFIED ABOVE)
(SPACE ABOVE FOR RECORDER'S USE)
Vacation of Easements on SW Roy Rogers Road
(DOCUMENT TITLE)
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO �9-Oq
Q0
A RESOLUTION CONCURRING WITH WASHDGTON COUNTY FINDINGS REGARDING
VACATION OF PORTIONS OF THE PUBLIC SLOPE, DRAINAGE, AND UTILITY EASEMENTS
AI_ONG SAX"ROY ROGERS ROAD
WHEREAS, Washington County Board of Commissioners Resolution and Order No. 19-101 (the Order)
ordered the vacation of portions of the public slope, drainage, and utility casements along SW Roy Rogers
Road, as granted in Deed Document 2001-125713, situated in the northeast One-quarter of Section 7, T2S,
RlW, Willamette Meridian, 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 Emits of a city,if the cit, 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. 19-101.
SE,CTION 2: A copy of this Resolution shall be provided to the\X'ashington County Surveyor's Office.
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This day of LAkdAo 20+9-;-
M, y - City of Tigard
ATTEST:
City Recorder-City of Tigard
20
RESOLUTION NO. t9-- 691'
Page 1 7
1 IN THE BOARD OF COUNTY COMMISSIONERS
2 FOR WASHINGTON COUNTY, OREGON
3 11 In the Matter of the Vacation of Public RESOLUTION AND ORDER
Easements, situated in the northeast One- No. 19 — LOA_
4 quarter of Section 7, T2S, R1 W, W.M., VACATION NO. 559
Washington County, Oregon
5
6 The above entitled matter having come regularly before the Board at its meeting November
7 5, 2019- and
It appearing to the Board that a petition has been filed to vacate a portion of the public
9 slope, drainage, and utility easements situated in the northeast One-quarter of Section 7, T2S,
10 RI W, W.M., Washington County, Oregon, as described and shown in the attached Vacation
11 Report. The petition was signed by owners of 100%of the property to be vacated, pursuant to
12
ORS 368.351; and
13 It appearing to the Board that said petition did describe the portions of easements proposed
14 to be vacated, the names of the parties to be particularly affected thereby, and set forth the
15 particular circumstances of the case; and
16 It appearing to the Board that the easements,proposed to be vacated, are under the
17 jurisdiction of Washington County and entirely within the corporate limits of the City of Tigard,
18 Oregon, as described in ORS 368.361(3); and
19 It appearing to the Board that the easements proposed to be vacated are no longer needed
20 for the use of the public; and
21 It appearing to the Board that the County Road Official did examine the area proposed to
22 be vacated and hereby submits to the Board the Vacation Report attached hereto, and by this
Page I - RFSOLUTION AND ORDER
WASHINGTON COUNTY C01LJNSEL
161 NW ADAMS AVENUE,SUVII 305,MS 424
HILLSBORO,OR 97124
PHONF(503)846-8747-FAX(503)846-W6
reference made a part hereof, in accordance with ORS 3f 8.351(1);it is therefore
2 1 RESOLVED AND ORDERED that the easements, proposed to be vacated and more
3
particularly described in the attached Vacation Report,are hereby vacated as it is in the public
4 interest. This vacation shall become final upon the formal concurrence of the City of Tigard by
5 either resolution or order pursuant to ORS 368.361(3); and it is further
6 RESOLVED AND ORDERED that the County Surveyor of Washington County,Oregon,
7 be and hereby is authorized and directed to mark the vacated easements on the plats and records of
8 1 Washington County, Oregon; and it is further
9 RESOLVED AND ORDERED that the County Surveyor of Washington County, Oregon,
10 1 be and hereby is authorized and directed to have this order of vacation and the resolution or order
11 by the City of Tigard recorded in the records of Washington County, Oregon, and cause copies of
12 this order to be filed with the Director of Assessment and Taxation and the County Surveyor's
13 Office in accordance with ORS 368.356(3).
14
15 DATED this 5th day of November,2019,
16
AYR NAY ASSENT BOARD OF COUNTY COMMISSIONERS
17 HARRINGTON FOR WAS INGTON COUNTY, OREGON
18 1 SCHOUTEN V
TREECE el MTHR YNHA IXNG TON
19 ROGERS
WILLEY
20 RPC0RD1N(;kCR1.,T41,
21 Approved as to form
22 C)A
CoAney D. Duke-Driessen
Assistant County Counsel
Date: LCA I I Z 19
Page 2 - RESOLUTION AND ORDER
WASHINGTON CouN-ry COUNSEL
161 NW ADAMS AVENUE,SUITE 305,MS#24
HiusBoRo,OR 97124
PHONE(503)846-8747-FAX(503)84[x8635
DEPARTMENT OF LAND USE & TRANSPORTATION
REPORT ON VACATION NO. 559
November 5, 2419
VACATION OF PORTIONS OF PUBLIC SLOPE, DRAINAGE, AND UTILITY
EASEMENTS
A request for vacation proceedings has been received by the staff for the Board of
County Commissioners to vacate portions of public slope, drainage, and utility
easements, said easements being granted in Deed document numbers 2001-125713,
and more particularly described and shown in Exhibit A, attached hereto.
The owners of the property abutting the portions of easements to be vacated are:
25107, TL 1240, 2400
Polygon WLH, LLC
703 Broadway Street#510
Vancouver, WA 98660
CRITERIA FOR EVALUATION OF ROAD VACATION REQUEST
1) Conformance with the County's Cemorehensive Plan
The public easements proposed to be vacated are not required by the
Transportation Pian.
2) Use of the Right-of-Way
The public slope, drainage, and utility easements proposed to be vacated
were originally granted in 2001 to facilitate the widening of SW Roy
Rogers Road. In conjunction with the residential development, the area
has been graded and utilities relocated eliminating the need for the public
easements.
3) lm act of Utilities and Eme=Lipy 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 easements, proposed to be vacated, are not needed for public use as
a result of the subdivision being developed,
The limits of the easements proposed to be vacated are logical and justifiable.
Vacating these portions of public easements 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 easements proposed herein, as it is in the public interest.
I A��V'
Stacy Sh er, P.E.
Washingt n County Engineer
EXHIBIT A
September 16, 2019
LEGAL DESCRIPTION .lob No. 395-103
Vacation of a Permanent Slope& Drainage Easement and a Permanent Utility Easement
PARCEL I - PERMANENT SLOPE Et DRAINAGE EASEMENT
Vacation of a Permanent Slope Et Drainage Easement in its entirety, as acquired by Eminent
Domain in Court Case No. C99-0961CV, as recorded in Document No. 2001-125713, Washington
County Records, within Parcel 2, Partition Plat No. 1998-005, Washington County Plat Records,
in the Northeast Quarter of Section 7, Township 2 South, Range 1 West, Willamette Meridian,
City of Tigard, Washington County, State of Oregon
Containing 11,499 square feet, more or less.
PARCEL 11- PERMANENT UTILITY EASEMENT
Vacation of a Permanent Utility Easement in its entirety, as acquired by Eminent Domain in
Court Case No. C99.0961CV, as recorded in Document No. 2001-12.5713, Washington County
Records, within Parcel 2, Partition Plat No. 1998-005, Washington County Plat Records, in time
Northeast Quarter of Section 7, Township 2 South, Range 1 West, Willamette Meridian, City of
Tigard, Washington County, State of Oregon.
Containing 8,697 square feet, more or less.
Basis of bearings Ding Partition Plat No.. 1998-005, Washington County Plat Records,
EL
REGISTERED
ROFESSIONAL
ND SURVEYOR
OREGON
JULY 9,2002
TRAVIS C.JANSEN
57751
RENEWS:6/3012021
Page i of 3
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EXHIBIT A
VACATION OF A PERMANENT SLOPE & DRAINAGE EASEMENT
DRAWN BY-. FAA DATE: 9A6 19 12564$W Main St
REVIEWED BY: 'FcJ DATE: 9/16/19 rigard, OR 97223
PROJECT NO.: [T] 503-941-9484
SCALE: [F] 503-941-9485
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EXHIBIT A
VACATION OF A PERMANENT UTILITY EASEMENT
DRAWN BY: FAA DATE: —9Z-161-19 12564 SW Main St
REVIEWED 6
BY. TCS DATE: RZ169 Tigard, OR 97223
PROJECT NO.: -- 395-103 [T] 503-941-9484
SCALE- 1*-150' [F] 503-941-9485
PAGE 3 OF _3