Roadway Standards Section 160 - Dedication Of Public Right-Of-Way And Easements

160.1 Requirement for Public Easement

As a condition of approval for a development, the County may require that additional road right-of-way or other public easements be dedicated in support of the proposed development to meet standard cross sectional elements.  The determination of the right-of-way and easement widths and types will be made upon review of the development with the requirements for dedications identified via land use requirements or as identified in the dedication review processes. 

160.2 County Approval Required

State law and County policy require evidence of County approval before a dedication instrument of a public easement can be recorded per ORS 92.014.

160.3 Development Permit Required

A Development Permit is required to ensure County acceptance of any required improvements with a dedication.

160.4 Minimum Width Requirements for Rights-of-Way and Easements

Definition of standard road right-of-way widths by roadway functional classification are provided in Standard Drawings C110 to C140.  However, there are special districts and projects that require road designs specific to those areas.  Details specific to these areas can be found in the Comprehensive Plan.

1. In the case of the requirement to dedicate a Permanent Public Utility Easement (PUE) or combination of another easement that includes a PUE, an eight (8) foot wide easement along the entire abutting right-of-way of all front lot lines.  It should be noted that storm and sanitary lines are not permitted within a PUE.
2. Additional easements for signing, slopes, and pedestrian facilities may be required via land use requirements or during construction plan review.

160.5 Public Easement Dedication Process

1. Typical easements that may be required for dedication by plat or by a separate instrument (standard easement form) may include, but are not limited to:
   1. Permanent Right-of-way Easement for Road Purposes
   2. Permanent Public Utility Easement
   3. Permanent Sign, Slope, Public Utility and Sidewalk Easement
   4. Permanent Storm Drainage Easement
2. Depending upon the requirements of the project, one or more of the above easement dedications may be required.  
3. In addition to the aforementioned easements, an applicant may be required to provide proof of recorded access from a public road through the proposed development to an abutting parcel as noted in Section 220.2.

If proof of said access easement cannot be proved or has not previously been created, then an applicant will be required to dedicate a permanent for the benefit of the abutting parcel on the face of the plat.  If created by separate document, this form may be obtained from Engineering and reference the process below in Section 160.8.

160.6 Dedication of Public Right-of-Way and Easements On the Plat

1. Dedications of right-of-way and easements on a plat shall meet all requirements of Sections 160.1 through 160.5.
2. Dedications of easements shall be shown on the plat and meet the requirements of the ZDO.

160.7 Dedication of Public Right-of-Way and Easements Outside of the Plat

1. Dedication of right-of-way and easements created by separate document outside of the plat shall follow Sections 160.1 through 160.5.
2. Easement dedications that are required to allow for development should be acquired and recorded prior to issuance of a Development Permit.
3. Prior to acceptance of right-of-way or public easements, plans may be reviewed by the DTD Planning and Zoning Division to determine if a land use approval is required.  The design and construction of the resultant roadway may proceed pursuant to the requirements of these Standards and in conformance with all applicable land use conditions.
4. The easement forms are available for use from Engineering.
5. When requested by Engineering, each easement shall be accompanied by an appropriate Exhibit "A" and "B."  Exhibit "A" is the written legal description of the easement area, and Exhibit "B" is the map depicting the area of the legal description.   Both exhibits shall be stamped and signed by a Land Surveyor.
6. If the applicant's representative has not previously provided Exhibits "A" and "B" to the County, Engineering can provide copies of previously recorded exhibits that were acceptable to the County.
7. The applicant will be asked to provide documentation supporting the easement signer's authority to execute land rights documents on behalf of the corporation or other representative organization.  The applicant may also be required to provide a copy of the owner's current vesting deed.
8. Easement forms, with exhibits, shall be submitted to Engineering for review and approval, prior to obtaining signatures on the easement forms.
9. Acceptance and recording of documents will be provided free of charge by the County.