1 IN THE BOARD OF COUNTY COMMISSIONERS 2 FOR WASHINGTON COUNTY, OREGON 3 In the Matter of the Removal of Dedication ) RESOLUTION AND ORDER of the Old St. Edwards Catholic Church ) No. 4 Cemetery in Section 1, T1N, R3W, W.M., ) VACATION NO. 560 Washington County, Oregon ) 5 6 The above entitled matter having come regularly before the Board at its meeting January 7 7, 2020; and 8 It appearing to the Board that Lone Oak Land & Investment Co., LLC, the property owner, 9 has filed a petition to remove the Old St. Edwards Catholic Church Cemetery from dedication for 10 cemetery purposes. Pursuant to ORS 97.440, a public hearing is required; and 11 It appearing to the Board that said property owner advised that no interments have been 12 made as stated in the attached vacation report; and 13 It appearing to the Board that notice was given by publication once a week for four 14 consecutive weeks in the Forest Grove News Times and in the Hillsboro Tribune (general 15 circulation), and for two consecutive weeks in The Oregonian (state-wide circulation) and by 16 posting copies of the notice in three conspicuous places on that portion of the property from 17 which the dedication is to be removed and similar notices of a public hearing were sent to 18 abutting property owners and to the Oregon Commission on Historic Cemeteries; and 19 It appearing to the Board that a public hearing was held and evidence was presented to 20 substantiate that no interments have been made in the property as described in the Vacation 21 Report attached hereto and incorporated herein; now therefore, it is 22 Page 1 - RESOLUTION AND ORDER ( ) WASHINGTON COUNTY COUNSEL 161 NW ADAMS AVENUE, SUITE 305, MS #24 HILLSBORO, OR 97124 PHONE (503) 846-8747 - FAX (503) 846-8636 1 RESOLVED AND ORDERED that the property, as described in the attached Vacation 2 Report, is in conformance with the provisions of ORS 97.440 and that no interments are within 3 said portion of property, and therefore this Board hereby removes the dedication of said 4 property for cemetery purposes; and it is further 5 RESOLVED AND ORDERED that the County Surveyor of Washington County, Oregon, be 6 and hereby is authorized and directed to have this Order of Vacation recorded in the records of 7 Washington County, Oregon, and cause copies of this order to be filed with the Director of 8 Assessment and Taxation and the County Surveyor’s Office. 9 10 DATED this 7th day of January, 2020. 11 12 BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON 13 14 CHAIR KATHRYN HARRINGTON 15 RECORDING SECRETARY 16 17 18 19 Approved as to form 20 ___________________ Cortney D. Duke-Driessen 21 Assistant County Counsel Date:_____________ 22 Page 2 - RESOLUTION AND ORDER ( ) WASHINGTON COUNTY COUNSEL 161 NW ADAMS AVENUE, SUITE 305, MS #24 HILLSBORO, OR 97124 PHONE (503) 846-8747 - FAX (503) 846-8636 DEPARTMENT OF LAND USE & TRANSPORTATION REPORT ON VACATION NO. 560 January 7, 2020 (All of the cemetery known as the Old St. Edwards Catholic Church Cemetery, situated in Section 1, Township 1 North, Range 3 West of the Willamette Meridian, Washington County, Oregon) A request for removal of the dedication of the Old St. Edwards Catholic Church Cemetery has been received by the Board of Commissioners. The portion of the cemetery dedication proposed to be removed is described and shown in Exhibit “A” attached hereto. The abutting property owners to the proposed removal are as follows: 1N301, TL 300 Lone Oak Land and Investment Co., LLC 34059 NW Mountaindale Road North Plains, OR 97133 1N301AD, TL 6204 Paine Tract LLC 10305 SW Park Way #204 Portland, OR 97225 CRITERIA FOR EVALUATION OF ROAD VACATION REQUEST 1) Conformance with ORS 97.440 The property owners have stated in their petition that no interments are present in the cemetery property sought to be removed from dedication. The Historical and Archaeological Investigation Report and a response letter from the Oregon Commission on Historic Cemeteries are attached hereto, and made a part hereof. 2) Use of Dedication The portion of the cemetery proposed for removal from dedication is currently unimproved but is included in a proposed subdivision. The removal of this dedication does not replace the need to meet the conditions and requirements of development. An inadvertent discovery plan must be in place prior to development. If remains are found, all work must stop and follow the plan. All archaeological laws continue to apply beyond the removal of the cemetery designation. Based on the above statements, it is recommended that the Board of Commissioners remove the dedication proposed herein, as it is in the public interest. _____________________ Stacy Shetler, P.E. Washington County Engineer HISTORICAL AND ARCHAEOLOGICAL INVESTIGATION OF THE FIRST ST. EDWARDS CATHOLIC CHURCH CEMETERY, WASHINGTON COUNTY, OREGON By: Bill R. Roulette, M.A., RPA 11132 and Emily C. Taber, M.S., RPA 17399 Prepared for Pacific Community Design Tigard, Oregon October 8, 2019 APPLIED ARCHAEOLOGICAL RESEARCH, INC., REPORT NO. 2265 Historical and Archaeological Investigation of the First St. Edwards Catholic Church Cemetery, Washington County, Oregon INTRODUCTION Project Purpose This report describes the results of a study conducted by Applied Archaeological Research, Inc. (AAR) that focused on a one-acre plot of land that formerly was the St. Edwards Catholic Church burial ground that is located in North Plains, Washington County, Oregon (Figure 1). Victor Cropp donated the land to the church in 1919. The cemetery remained in use until 1926. That year the burials in it were exhumed and reburied in a newly-established cemetery located on Shadybrook Road in North Plains. The former cemetery site is within a larger tract that contains a little over 50.5 acres. Since the cemetery was decommissioned, it and the larger tract have been farmed. Now the Lone Oak Land and Investment Company, LLC, proposed to develop the larger tract into the Brynhill subdivision. Under Case No. 19-1081, the Oregon State Historic Preservation Office (SHPO) reviewed the proposed development plans and requested a cultural resources study to determine if the former cemetery retains any burials or human remains, or if it contains other types of archaeological deposits. Pacific Community Design, the civil engineering and planning company that designed the subdivision master plan, contracted with AAR to conduct a cultural resources study to satisfy the SHPO request. AAR’s study also assists the project proponent in complying with Oregon Revised Statute (ORS) 97.440, which describes the conditions under which land dedicated for use as a cemetery can have that designation vacated; a necessary step in being able to develop the property. AAR’s study included in-depth research into the history of the cemetery and archaeological fieldwork to search for cultural materials. Key AAR personnel for the study were Emily C. Taber, M.S., RPA 17399, and Bill R. Roulette, M.A., RPA 11132. Project Area Location and Description The project area for AAR’s study is a one-acre piece of land in the northeast quarter of Section 1, Township 1 North, Range 3 West, Willamette Meridian (WM), that has the street address of 31235 NW North Avenue in North Plains (Figure 2). The former burial ground is a rectangular-shaped tract that measures about 165 feet (ft) east to west and 264 ft north to south. It is in the southeast corner of tax lot 1N3010000300. Elevation across it varies between approximately 200 and 205 ft above mean sea level (amsl). Its surface is mostly level and slopes slightly from the southwest to the northeast. At the time of AAR’s study it was covered in short grass and was within an open agricultural field (Figure 3). As seen on the preliminary design for the Brynhill development, six detached single-family houses and ten attached townhome units with supporting infrastructure and roadways would be constructed wholly or partly in the project area. Project-related excavations in the project area would include stripping the topsoil and the digging trenches for footings and for utilities. Those excavations would range between 2 and 3 ft for the footing and between 4 and 6 ft for the utilities. ENVIRONMENTAL OVERVIEW The project area is in the northeastern corner of the Tualatin Valley. Hydrologically it is in the Dairy Creek watershed of the Tualatin River subbasin of the Lower Willamette Basin. The Tualatin Valley is situated between the Tualatin Mountains (also known as the West Hills or the Portland Hills) to its east and the Coast Range mountains to its west. It forms the northwestern part of the Willamette Valley and is separated from the main part of the valley by the Chehalem Mountains. To a large extent, the modern landscape of the Willamette and Tualatin valleys is a byproduct of late Pleistocene glacial flooding. An unknown number of flood events occurred between about 17,000 Applied Archaeological Research, Inc. Report No. 2265 1 Project Area Forest Grove, Oreg. 1956 (Revised 1992) 1:24,000 Hillsboro, OR 1990 - 1:24,000 N 0 ½ Mile Copyright:© 2013 National Geographic Society, i-cubed Figure 1. Location of the project area. 00.125 0.25 0.5 Miles 2 N 0 400 Feet Lind Reservoir Development Area 3 Tax Lot Tax Lot 1N301AD06201 1N3010000300 Tax Lot 1N301AD06202 Tax Lot NW North Avenue 1N301AD06203 Project Area Tax Lot Tax Lot 1N301AD06204 1N301AD06200 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, NW Main Street USGS, AeroGRID, IGN, and the GIS User Community Figure 2. Aerial photomap of the project area, development area, and surrounding developments.