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Agenda Item - 2019-05-21 (11) 6.3 ro,A 4 COUNCIL REPORT V 0 QREGD‘4 Subject: Pathway Connection between Foothills and George Rogers Parks Meeting Date: May 21, 2019 Staff Members: Scott Lazenby, City Manager Department: Administration Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑X Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Approve Resolution 19-35 declaring the public necessity to acquire public pathway easements on property at 475 and 525 Furnace Street. Recommended Language for Motion: Move to approve Resolution 19-35 Project/ Issue Relates To: ❑X Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable ISSUE BEFORE COUNCIL Action to allow a path forward to completing the Foothills to George Rogers pathway connection. EXECUTIVE SUMMARY Only two easements remain to be acquired for the pathway that will connect Foothills Park to George Rogers Park. Our preference is always to negotiate purchase of easements and rights- of-way from willing sellers. This is not always possible, and the proposed "resolution of necessity" will allow use of eminent domain in purchasing the easements, if necessary. BACKGROUND At its goal-setting retreat in January, the City Council reaffirmed its goal to "Acquire easements and construct the pathway connection between Foothills Park and George Rogers Park." Toward this goal, the City Council earlier this year approved the purchase of the property at 425 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 Furnace Street. The city has now negotiated an agreement to sell that property (contingent on City Council approval) under which the city will reserve the pathway easement when the sale closes. With the 425 Furnace acquisition, property or easements for the full length of the pathway have now been acquired, with the exception being easements on two properties, 475 and 525 Furnace Street. The legal descriptions referred to in the proposed resolution are for a an easement that connects from the new easement on the 455 Furnace Street property south to George Rogers Park. In 2017 we mailed letters to the owners of the properties, expressing our interest in acquiring the easements. The house at 475 Furnace Street is a rental property, and I had a telephone conversation with a representative of the owners (a trust), who said they were not interested in selling easement rights at that time. On April 19 of this year, we mailed letters (copy attached) reaffirming our interest in acquiring the easements and requesting an opportunity to meet to discuss it. So far neither property owner has responded. The process we propose here is very similar to the process we have successfully used in the acquisition of some 50 properties for easements and rights-of-way associated with the Boones Ferry Road project. In that case, the City Council adopted similar "resolutions of necessity," which helped in negotiations, although the majority of the properties were ultimately acquired without the use of the City's eminent domain authority. FISCAL IMPACT Before making an offer, we will request a professional appraisal of the easement value, and seek City Council approval of the final purchase agreements. Pathway acquisition is eligible for the use of Parks Systems Development Charges. RECOMMENDATION Adopt Resolution 19-35. ATTACHMENTS 1. Resolution 19-35 2. Easement Letter to Property Owners 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 RESOLUTION 19-35 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL DECLARING THE PUBLIC NECESSITY TO ACQUIRE PUBLIC PATHWAY EASEMENTS ON REAL PROPERTY LOCATED AT 475 AND 525 FURNACE STREET WHEREAS THE City of Lake Oswego may exercise the power of eminent domain pursuant to the Lake Oswego Charter and the laws of the State of Oregon when the exercise of such power is deemed necessary by the City's governing body to accomplish public purposes for which the City has responsibility; WHEREAS, the City has the responsibility and authority to engage in activities that promote the health, safety, benefit and general welfare of the public, including acquiring and developing real property for public parks, public pathways and other public recreational and transportation uses; WHEREAS, in the exercise of its responsibility and authority, the City has planned for and developed portions of a pathway that follows the Willamette River through three riverfront parks and intervening properties extending from the mouth of Tryon Creek, near the northern boundary of Lake Oswego,to the West Linn city limits at the southern boundary of Lake Oswego; WHEREAS this pathway is included as part of the Metro Regional Trails Plan, the Lake Oswego Trails and Pathway Plan, and the Lake Oswego Transportation System Plan; WHEREAS the only remaining gap in the public ownership or public easement rights that enable this pathway within Lake Oswego is where the pathway route crosses two parcels at 475 and 525 Furnace Street, Lake Oswego; WHEREAS, among the 2019 Goals adopted by the City Council on February 19, 2019, is a goal to acquire easements and construct the pathway connection between Foothills Park and George Rogers Park, which area includes the pathway route across the parcels at 475 and 525 Furnace Street; WHEREAS, the City finds it is necessary to acquire easements for the pathway along the route across the parcels at 475 and 525 Furnace Street, generally as described Exhibits A, B, C and D, in order to complete the pathway project in the public interest; WHEREAS the City finds that the pathway project, and specifically the needed pathway easements and eventual pathway improvements across the parcels at 475 and 525 Furnace Street, have been planned, designed, located, and will be constructed in a manner that will be most compatible with the greatest public good and the least public injury; WHEREAS the City Council finds that, notwithstanding any historical statements to the contrary, Policy 10 of the Old Town Design District Plan is not a criterion for, is not applicable to, and does not govern or otherwise regulate, the City's exercise of eminent domain authority as a method of acquisition in this or other instances; Page 1 of 3 - Resolution 19-35 WHEREAS the City has authority to acquire the pathway easements across 475 and 525 Furnace Street through eminent domain as is necessary for the pathway project; NOW, THEREFORE, IT IS RESOLVED by the Lake Oswego City Council that: Section 1. The above recitals are incorporated in this Resolution. The City Council declares the acquisition of easements for a public pathway, and the related pathway improvements and landscaping, on property located at 475 and 525 Furnace Street Lake Oswego Oregon, generally as described on attached Exhibits A, B, C and D, (the "Property Interests") is necessary in the public interest and will serve a necessary public purpose as stated in the recitals to this Resolution, and that the same have been planned, designed, located, and will be constructed, in a manner that will be most compatible with the greatest public good and the least private injury. Section 2. The City Manager, and the City Attorney or special counsel appointed by the City Attorney, are authorized and requested to attempt to agree with the owners of 475 and 525 Furnace Street and other persons in interest as to the compensation to be paid for each acquisition, and, in the event no satisfactory agreement can be reached, to commence and prosecute such eminent domain proceedings as may be necessary to finally determine just compensation or other issue appropriate to be determined by a court in connection with each acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined above or determinable by the City Council Section 3. The City Manager, the City Attorney and special counsel to the City Attorney may make stipulations, admissions or agreements as may be in the best interests of the City; and Section 4. The City expressly reserves its jurisdiction to determine the necessity or propriety of any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition. Section 5: This Resolution shall be effective upon its adoption by the City Council. ADOPTED at the meeting of the Lake Oswego City Council on the 21st day of May 2019. AYES: NOES: EXCUSED: ABSTAIN: Page 2 of 3 - Resolution 19-35 Kent Studebaker, Mayor ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David Powell, City Attorney Page 3 of 3 - Resolution 19-35 p ��r ENGINEERING ❑EPARTMENT it r l Alig V �r d �REG�ta EXHIBIT A PATHWAY EASEMENT WITHIN 475 FURNACE STREET TAX LOT 21 E 11 BC00800 A strip of land located within the northwest quarter of Section 11,Township 2 South, Range 1 East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon; said strip being within that certain tract of land conveyed to Andrew Berger and Nikolas Ackerman, Trustees of the Berger/Pasarow Survivor's Trust U/T/A dtd 3/23/12, by Bargain and Sale Deed recorded December 8, 2014 in Document No. 2014-063072, deed records of Clackamas County, said strip of land being 20.00 feet wide lying 10.00 feet on each side of the following described centerline: Commencing at the southwest corner of Furnace View Condominium (Plat No. 4344), plat records of Clackamas County, said point being on the easterly right of way of Furnace Street, Thence leaving said right of way, South 82°44'00" East, along the southerly line of said Furnace View Condominium, 281.28 feet, to the point of termination of a Pathway Easement, granted and conveyed to the City of Lake Oswego, a Municipal Corporation, recorded September 27, 2007 in Document No. 2007-083519, deed records of Clackamas County; Thence leaving said southerly line, South 12°41'56" East, 3.74 feet to a point of curvature; Thence along the arc of a 39.00-foot radius curve to the right, through a central angle of 55°43'46" (the long chord of which bears South 15°09'57" West, 36.46 feet), 37.93 feet, to a point of reverse curve; Thence along the arc of a 40.00-foot radius curve to the left, through a central angle of 35°45'50" (the long chord of which bears South 25°08'55" West, 24.56 feet), 24.97 feet, to a point of tangency, said point also being the point of termination of a Multi-use Pathway Easement, reserved in Bargain and Sale Deed recorded July 22, 2013 in Document No. 2013- 050665, deed records of Clackamas County; H:\Surveying Services\City Properties\425 Furnace Street\Legal Description\475 -EGISTERED Furnace Street_Pathway Easement.docx =r: S ONAL LA D . ,R Date: 05.14.2019 Renewal: • -EGON 06.30.2020 7-15-03 THOMAS D WORKMAN 54878LS 503.635.0270 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 2 of 2 Thence along the centerline of said Multi-use Pathway, South 7°16'00" West, 63.00 feet to a point of tangency at the true point of beginning of said Multi-use Pathway, and the True Point of Beginning of this pathway easement , said point being on the northerly line of said property described in Document No. 2014-063072; Thence leaving said Multi-use Pathway, along the arc of a 50.00-foot radius curve to the left, through a central angle of 40°06'25" (the long chord of which bears South 12°47'13" East, 34.29 feet), 35.00 feet to a point of reverse curve; Thence along the arc of a 70.00-foot radius curve to the right, through a central angle of 20°27'46" (the long chord of which bears South 22°36'32" East, 24.87 feet), 25.00 feet to a point of compound curve; Thence along the arc of a 55.00-foot radius curve to the right, through a central angle of 38°08'02" (the long chord of which bears South 6°41'22" West, 35.93 feet), 36.61 feet to a point of tangency; Thence South 25°45'22" West, 21.40 feet, more or less, to the point of termination, said point being on the southerly line of said Andrew Berger and Nikolas Ackerman,Trustees property, Document No. 2014-063072. The northerly and southerly side lines of said centerline, extending and shortening to the northerly and southerly line of said tract of land described in Document No. 2014-063072. Containing 2360 square feet, more or less. Bearings are based on said Furnace View Condominium (Plat No. 4344). [STERED O LAD U Date: 05.14.2019 Renewal: OREGON 06.30.2020 7-15-03 'FHOMAS D WORKMAN 54878LS vv(R ( FURNACE VIEW PATHWAY EASEMENT PATHWAY EASEMENT STREET CONDOMINIUM IN DOCUMENT NO. TAX MAP 2 1E 11BC PLAT NO. 4344 2007-083519 I S.W. 1/4, N.W. 1/4, SEC. 11 POINT OF T.2S., R.1E., W.M. COMMENCEMENT (281.25' CITY OF LAKE OSWEGO PLAT NO. 4344) CLACKAMAS COUNTY, OREGON L'- S 82°44'00" E 281.28' 1 1 S 12°41'56" E 425 FURNACE ST 3.74' TAX LOT 21E11BC00600 PLANNED Cl DOCUMENT NO. 20.00' WIDE C1 A = 55°43'46" W 2019-016317 PATHWAY l L= 37.93' X EASEMENT / R = 39.00' CH = 36.46' I- CO 455 FURNACE ST EXISTING - _jC2 S 15°09'57" W W TAX LOT 21E11BC00700 MULTI-USE C2 Q DOCUMENT NO. PATHWAY A = 35°45'50" Z 2013-050665 EASEMENT L= 24.97' X DOCUMENT NO. I F I R = 40.00' 2013-050665Li.. �S 7°16 00 WCH = 24.56' TRUE POINT OF Adak 63.00' S 25°08'55" W 475 FURNACE ST BEGINNING OF THIS 10.00' 4 C3 TAX LOT 21E11BC00800 PATHWAY EASEMENT 20.00 C3 DOCUMENT NO. (CONTAINING 2360 \ 0= 40°06'25" 2014-063072 SQ. FT. ±) C4 L= 35.00' AND A MULTI-USE R = 50.00' PATHWAY EASEMENT CH = 34.29' IN DOCUMENT NO. C5 , S 12°47'13" E 2013-05665 / C4 X 10.00' A= 20°27'46" ' L= 25.00' ii:Y.-- 525 FURNACE ST S 25°45 22 W 21.40' ± R = 70.00' CTAX LOT 21E11BC00900 S 2°36'32= 2 " E / DOCUMENT NO. C532 I- 2007-002326 W A= 38°08'02" Z L= 36.61' Q REGISTERED R = 55.00' --1PR!PROFESSIONAL CH = 35.93' )`�7f YGRL7_ S 6°41'22" W J OREGON GEORGE ROGERS PARK 7-15-03 CITY OF LAKE OSWEGO THOMAS D WORKMAN TAX LOT 21E11BC01000 NOTE: 54878LS DOCUMENT NO. BEARINGS ARE BASED ON DATE:05.14.2019-RENEWAL:06.30.2020 69-26469 FURNACE VIEW CONDOMINIUM PLAT NO. 4344 OF SAKE ps 1TRACT OF LAND: PATHWAY EASEMENT WITHIN THAT U\A ��o PROPERTY DESCRIBED IN DOCUMENT NO. 2014-063072 -TAX ENGINEERING LOT 21E11BC00800 DEPARTMENT EXHIBIT B SCALE: 1" = 60' DATE: MAY 21, 2019 SHEET 1 OF 1 H:\SURVEYING SERVICES\CITY PROPERTIES\425 FURNACE oREGON STREET\DWG\GEORGE ROGERS PARK PATHWAY EASEMENTS.DWG p ��r ENGINEERING ❑EPARTMENT it r l Alig V �r d �REG�ta EXHIBIT C PATHWAY EASEMENT WITHIN 525 FURNACE STREET TAX LOT 21 E 11 BC00900 A strip of land located within the northwest quarter of Section 11,Township 2 South, Range 1 East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon; said strip being within that certain tract of land conveyed to David Allan Kidd, by Bargain and Sale Deed recorded January 9, 2007 in Document No. 2007-002326, deed records of Clackamas County, said strip of land being 20.00 feet wide lying 10.00 feet on each side of the following described centerline: Commencing at the southwest corner of Furnace View Condominium (Plat No. 4344), plat records of Clackamas County, said point being on the easterly right of way of Furnace Street, Thence leaving said right of way, South 82°44'00" East, along the southerly line of said Furnace View Condominium, 281.28 feet, to the point of termination of a Pathway Easement, granted and conveyed to the City of Lake Oswego, a Municipal Corporation, recorded September 27, 2007 in Document No. 2007-083519, deed records of Clackamas County; Thence leaving said southerly line, South 12°41'56" East, 3.74 feet to a point of curvature; Thence along the arc of a 39.00-foot radius curve to the right, through a central angle of 55°43'46" (the long chord of which bears South 15°09'57" West, 36.46 feet), 37.93 feet, to a point of reverse curve; Thence along the arc of a 40.00-foot radius curve to the left, through a central angle of 35°45'50" (the long chord of which bears South 25°08'55" West, 24.56 feet), 24.97 feet, to a point of tangency, said point also being the point of termination of a Multi-use Pathway Easement, reserved in Bargain and Sale Deed recorded July 22, 2013 in Document No. 2013- 050665, deed records of Clackamas County; H:\Surveying Services\City Properties\425 Furnace Street\Legal Description\525 -EGISTERED Furnace Street_Pathway Easement.docx =r: S ONAL LA D . ,R Date: 05.14.20191ra_ Renewal: • -EGON 06.30.2020 7-15-03 THOMAS D WORKMAN 54878LS 503.635.0270 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 2 of 2 Thence along the centerline of said Multi-use Pathway, South 7°16'00" West, 63.00 feet to a point of tangency at the true point of beginning of said Multi-use Pathway; Thence leaving said Multi-use Pathway, along the arc of a 50.00-foot radius curve to the left, through a central angle of 40°06'25" (the long chord of which bears South 12°47'13" East, 34.29 feet), 35.00 feet to a point of reverse curve; Thence along the arc of a 70.00-foot radius curve to the right, through a central angle of 20°27'46" (the long chord of which bears South 22°36'32" East, 24.87 feet), 25.00 feet to a point of compound curve; Thence along the arc of a 55.00-foot radius curve to the right, through a central angle of 38°08'02" (the long chord of which bears South 6°41'22" West, 35.93 feet), 36.61 feet to a point of tangency; Thence South 25°45'22" West, 21.40 feet to the True Point of Beginning of this pathway easement, said point being on the northerly line of said tract of land described in Document No. 2007-002326; Thence leaving said northerly line, South 25°45'22" West, 105.44 feet, more or less, to the point of termination, said point being on the southerly line of said David Allan Kidd property, Document No. 2007-002326. The northerly and southerly side lines of said centerline, extending and shortening to the northerly and southerly line of said tract of land in Document No. 2007-002326. Containing 2109 square feet, more or less. Bearings are based on said Furnace View Condominium (Plat No. 4344). [STERED O LAD U Date: 05.14.2019 Renewal: OREGON 06.30.2020 7-15-03 'FHOMAS D WORKMAN 54878LS vvI R ( FURNACE VIEW PATHWAY EASEMENT PATHWAY EASEMENT STREET CONDOMINIUM IN DOCUMENT NO. TAX MAP 2 1E 11BC PLAT NO. 4344 2007-083519 S.W. 1/4, N.W. 1/4, SEC. 11 POINT OF T.2S., R.1E., W.M. COMMENCEMENT (281.25' CITY OF LAKE OSWEGO / PLAT NO. 4344) CLACKAMAS COUNTY, OREGON / Lam— S 82°44'00" E 281.28' 1 425 FURNACE ST 1 S 12°41'56" E 3.74' TAX LOT 21E11BC00600 PLANNED C1 DOCUMENT NO. 20.00' WIDE C1 A = 55°43'46" w 2019-016317 PATHWAY f 20.00' L= 37.93' EASEMENT / R = 39.00' CH = 36.46' (/) C2 S 15°09'57" W LLI 455 FURNACE ST EXISTING -\_jC2 Q TAX LOT 21E11BC00700 MULTI-USE A = 35°45'50" DOCUMENT NO. PATHWAY L= 24.97' 2013-050665 EASEMENT I / 6 R = 40.00' DOCUMENT NO. CH = 24.56' Li.. 2013-050665 LS 7°16'00" W S 25°08'55" W 63.00' PLANNED 475 FURNACE ST 20.00' WIDE C3 C3 TAX LOT 21E11BC00800 PATHWAY 20.001-A \ p= 40°06'25" DOCUMENT NO. EASEMENT 2014-063072 C4 \ L= 35.00' 'R = 50.00 TRUE POINT OF CH = 34.29' BEGINNING OF THIS C5 S 12°47'13" E PATHWAY EASEMENT S 25°45'22" W/ / C4 X (CONTAINING 2109 _ 21.40' / A= 20°27'46" SQ. FT. ±) L= 25.00' EE 525 FURNACE ST EASEMENT FOR - R = 70.00' � CH = 24.87' W TAX LOT 21E11BC00900 SANITARY SEWER \ 20.00 S 22°36'32" E DOCUMENT NO. DOCUMENT NO. 10.00' CS Ili 2007-002326 79-51995 \ i \ 10.00' A= 38°08'02" Z \ L= 36.61' Q REGISTERED R = 55.00' PROFESSIONAL \ = / __0 `�WEYGR CH35.93' I S 6°41'22" W S 25°45'22" W OREGON GEORGE ROGERS PARK 105.44' ± 7-15-03 CITY OF LAKE OSWEGO 1.THOMAS D WORKMAN TAX LOT 21E11BC01000 NOTE: 54878LS DOCUMENT NO. BEARINGS ARE BASED ON DATE:05.14.2019-RENEWAL:06.30.2020 69-26469 FURNACE VIEW CONDOMINIUM PLAT NO. 4344 OF SAKE ps 1TRACT OF LAND: PATHWAY EASEMENT WITHIN THAT U\A ��o PROPERTY DESCRIBED IN DOCUMENT NO. 2007-002326-TAX ENGINEERING LOT 21E11BC00900 DEPARTMENT EXHIBIT D SCALE: 1" = 60' DATE: MAY 21, 2019 SHEET 1 OF 1 H:\SURVEYING SERVICES\CITY PROPERTIES\425 FURNACE oREGON STREET\DWG\GEORGE ROGERS PARK PATHWAY EASEMENTS.DWG ATTACHMENT 2 CITY MANAGER 'S OFFICE c0) April 19, 2019 [To owners of properties at 475 and 525 Furnace Street] In 2017, I wrote to you expressing the City of Lake Oswego's interest in purchasing an access easement on your property at 475 Furnace Street to allow us to complete the pathway connection between Foothills Park and George Rogers Park.The City Council has reaffirmed this interest by adopting as one of their 2019 goals to "Acquire easements and construct the pathway connection between Foothills Park and George Rogers Park."We recently acquired an easement on the 455 Furnace Street property, and so are that much closer to our goal. We would like to negotiate a fair price for an easement, and to discuss ways to design the pathway so that it will not detract from enjoyment of the property by residents of the home. We also reserve the right to use eminent domain to acquire the easement if necessary, and the City Council is tentatively scheduled to consider a "Resolution of Necessity"for acquisition of the easement at its meeting at 3:00 p.m. on Tuesday, May 21, 2019. I would like to meet at your convenience to discuss this.The easiest way to schedule a meeting is through e-mail (slazenby@lakeoswego.city). Please also feel free to call on my direct line at 503-635- 0214. Sincerely, Scott Lazenby City Manager Tel 503.635.0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us