Agenda Item - 2023-07-18 - Number 08.1 - Resolution 23-28, Public Necessity to Acquire Property for the Wastewater Treatment Facility Project 8.1
COUNCIL REPORT
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Subject: Resolution 23-28, Wastewater Treatment Facility Project to Update and Replace the
Previously Adopted Resolution of Public Necessity (Resolution 22-45)
Meeting Date: July 18, 2023 Staff Member: Anthony Hooper, Deputy City Manager
Report Date: July 7, 2023 Department: City Manager's Office
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑X Consent Agenda
Staff Recommendation: Adopt Resolution 23-28.
Recommended Language for Motion: Move to adopt Resolution 23-28.
Project/ Issue Relates To: Council initiative of collaborating with the City of Portland to
make a financially and environmentally responsible long-term investment in a wastewater
treatment plant.
Issue before Council (Highlight Policy Question):
❑X Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable
ISSUE BEFORE COUNCIL
Shall the City Council adopt a new Resolution of Public Necessity, previously passed last
December, to move forward with real estate acquisition and relocation of existing businesses
by commencing the eminent domain process for specific properties needed for the wastewater
treatment facility project?
BACKGROUND
On December 20, 2022, the City Council unanimously passed Resolution 22-45, which declared
a public necessity to acquire real property at the address commonly known as 99, 101, and 113
Foothills Rd. The three properties will either be the site of the new Wastewater Treatment
Facility or will be leveraged and utilized in upgrading the existing Tryon Creek Plant.
Respect. Excel'ence. Trust. Service,
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
Resolution 23-28 affirms the City's continued public need to acquire the properties and
updates/replaces the previously passed Resolution of Public Necessity (Resolution 22-45).
The City intends to vigorously pursue a voluntary settlement agreement with each property
owner to avoid unnecessary litigation; however, if settlements cannot be reached, the updated
Resolution will allow the City to efficiently condemnation proceeds and seek immediate
position by March 1, 2024, which is when all properties need be vacated and the businesses
relocated.
ATTACHMENTS
1. Resolution 23-28, Resolution of Public Necessity with Exhibits A, B and C
Respect. Excel'ence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT 1
RESOLUTION 23-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AFFIRMING PUBLIC
NECESSITY TO ACQUIRE REAL PROPERTY FOR THE WASTEWATER TREATMENT PROJECT.
WHEREAS, the City of Lake Oswego may exercise the power of eminent domain pursuant
to the Lake Oswego Charter of 1964 and the laws of the State of Oregon, as amended, including
but not limited to ORS 223.005, ORS 454.215, and ORS chapter 35; and
WHEREAS, the existing Tryon Creek Wastewater Treatment Plant ("TCWTP") is owned and
operated by the City of Portland and serves the majority of the City of Lake Oswego and a portion
of the City of Portland; and
WHEREAS, the TCWTP was built in the mid-1960s and is in need of major upgrades and
expansion to continue to reliably meet Oregon Department of Environmental Quality water
quality requirements; and
WHEREAS, the City of Lake Oswego and the City of Portland intend to either construct a
new, more environmentally-friendly and sustainable wastewater facility, using modern
technology ("Lake Oswego Wastewater Treatment Facility Project" or "LOWTFP"), or upgrade,
modernize and expand the TCWTP ("Portland TCWTP Alternative Project") (collectively, the
LOWTFP and Portland TCWTP Alternative Project are referred to as the "WWTP Project"); and
WHEREAS, on December 20, 2022, the City of Lake Oswego adopted Resolution 22-24,
declaring it necessary and in the public interest to acquire real property for the WWTP Project;
and
WHEREAS, the City of Lake Oswego continues to affirm that the WWTP Project, which
includes the collection, treatment, and disposal of public sewage, is an important public use and
will be planned and located in a manner which will be most compatible with the greatest public
good and the least private injury; and
WHEREAS, the City of Lake Oswego further affirms that it is necessary for public health,
safety, and the general benefit and welfare of the City and the general public to acquire fee
simple title to the real properties located at and generally known as Clackamas County Tax Lots
21E02CB01800, 21E02CB02101, 21E02CB01500, as legally described in Exhibits A-C attached
hereto, including the land, improvements, and fixtures (collectively, the "Properties"), to design,
locate, construct, and implement the WWTP Project; and
WHEREAS, the City Council finds that declaration by resolution to acquire the Properties
remains necessary, and being fully advised,
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The above recitals are incorporated into this resolution.
Resolution 23-28
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Section 2. It is necessary and in the public interest for the City to acquire fee simple
title to the Properties for the WWTP Project.
Section 3. The City's staff and the City's legal counsel are authorized and requested to
attempt to agree with the owners and, if applicable, other persons in interest, as to the just
compensation to be paid for the acquisition of the Properties and any applicable compensable
damages, in accordance with applicable law. In the event that no satisfactory agreement can be
reached, the City's staff and City's legal counsel are authorized to commence and prosecute
condemnation proceedings and to take other steps as they determine are necessary to acquire
the Properties. The City Manager and the City's legal counsel may make stipulations, admissions,
or agreements as they determine may be in the best interests of the City, and to take possession
of the Properties at such time as appropriate in their judgment, without necessity of further City
Council approval. This authorization is not intended to expand the jurisdiction of any court to
decide matters determined above or determinable by the City Council.
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 take effect upon passage.
Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on
the 18th day of July, 2023.
AYES:
NOES:
EXCUSED:
ABSTAIN:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
Resolution 23-28
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EXHIBIT A
LEGAL DESCRIPTION
A Part of the Southwest one-quarter of section 2,Township 2 South,Range 1 East of the Willamette
meridian in Clackamas County,Oregon,described as follows:
Beginning at an iron pipe at the moat Northerly corner of that tract conveyed to David C.Meyer,et ux,by
deed recorded August 31, 1955,in Book 500,Page 482,Clackamas County Deed Records,which iron
pipe bears South 52°46'East 16.16 feet from the angle point in the Southerly line of the Socrates Tryon
D.L.C.No.42;thence South 52°45'East along the Northeasterly line of said Meyer tract 82.73 feet to an
angle corner of that tract conveyed to United States National flank of Oregon,as testamentary trustee,by
deed recorded November 7,1975,as Recorder's Fee No.75-32847,Clackamas County Records;thence
South 10°22'West along the West line of said United States National Bank tract 422.01 feet to an iron rod
and the true point of beginnings thence continuing South 10°22'West along the West line of said United
States National Bank tract 283.58 feet to an iron rod In the North line of that tract conveyed to Arthur
Rossman,et ux,by deed recorded March 12,1974,as Recorder's Fee No.74-5961,Clackamas County
Records;thence North 89°44'30"West along the North line of said Rossman tract and its Westerly
extension 166.55 feet,more or lees,to a point on the Easterly right of way line of a 40.00 foot railroad
spur tract;said point also being at the Northwest corner of that tract conveyed to the City of Lake Oswego
by deed recorded July 3,1961,in Book 589,Page 1,Clackamas County Deed Records;thence Northerly
along said Easterly right of way line 316 feet,more or lees,to the intersection of a line which bears North
80°47'West from said true place of beginning;thence South 80°47'East 213.2 feet,more or less,to the
true place of beginning.
EXHIBIT A
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EXHIBIT B
EXHIBIT A
Legal Description
A tract of land in Section 2, Township 2 South, Range 1 East of the Willamette Meridian,
in the City of Lake Oswego, Clackamas County, Oregon, described as follows:
Beginning at an iron pipe in the section line between said Sections 2 and 3 which iron
pipe bears North 0°15'30" East, 767.0 feet from the Southwest corner of said Section 2;
Thence South 89°44'30" East, 13.0 feet to the true point of beginning;
Thence continuing South 89°44'30" East, 167.0 feet to an iron pipe;
Thence North 0°15'20" East, 180.00 feet to an iron pipe;
Thence North 9°13' East, 19.6 feet to the Southeast corner of that tract described in deed
to Pine Street Company, recorded April 29, 1964 in Book 639, Page 77, Clackamas County Deed
Records;
Thence North 80°47'00" West along the South line of said Pine Street Company Tract,
74.10 feet to the Southwest corner thereof;
Thence North 9°13'00" East along the West line of said Pine Street Company Tract,
81.56 feet to the Northwest corner thereof being a point in the South line of that tract described
in deed to Mary A. Goodell, recorded August 12, 1963 in Book 626, Page 416, said deed
records;
Thence North 89°44'30" West, along said South line, 117.55 feet to the Northeast corner
of that tract described in deed to City of Lake Oswego, recorded July 3, 1961 in Book 589,Page
1, said deed records;
Thence South 1°04'30" East along the East line of said City of Lake Oswego Tract,
111.51 feet to the Northeast corner of that tract described in deed to David C. Meyer, et ux,
recorded November 26, 1957 in Book 533,Page 507, said deed records;
Thence South 1°04'30" East along the East line of said Meyer Tract, 180.05 feet to the
true point of beginning.
EXCEPTING THEREFROM that portion thereof lying within the boundaries of roads
and highways.
3—STATUTORY WARRANTY DEED— 101 Foothills Road,Lake Oswego
Lan & Bill Investments LLC to LanJet LLC and Hunsinger Springs LLC)
EXHIBIT B
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EXHIBIT C
Legal Description
Real property in the City of Lake Oswego,County of Clackamas,State of Oregon,described as follows:
PART OF THE SOUTHWEST ONE-QUARTER OF SECTION 2,TOWNSHIP 2 SOUTH,RANGE 1 EAST,OF
THE WILLAMETTE MERIDIAN,IN THE COUNTY OF CLACKAMAS AND STATE OF OREGON,
DESCRIBED AS FOLLOWS:
BEGINNING AT A FIVE-EIGHTHS INCH IRON ROD IN THE NORTHERLY RIGHT OF WAY LINE OF
FOOTHILLS ROAD,A 40.00 FOOT ROADWAY,WHICH IRON ROD BEARS SOUTH 71°46'WEST,(DEED
SOUTH 71°43'WEST)ALONG SAID NORTHERLY RIGHT OF WAY LINE,20.00 FEET FROM THE
SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO WARD C. SMITH,
RECORDED MARCH 15, 1927,IN BOOK 189,PAGE 249, CLACKAMAS COUNTY DEED RECORDS,FROM
SAID PLACE OF BEGINNING;THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE NORTH
54°38'WEST,61.60 FEET TO A FIVE-EIGHTHS INCH IRON ROD;THENCE NORTH 25°46'WEST(DEED
NORTH 25°49'WEST),357.66 FEET TO A FIVE-EIGHTHS INCH IRON ROD;THENCE NORTH 1°50'
EAST,330.02 FEET TO A FIVE-EIGHTHS INCH IRON ROD;THENCE NORTH 21° 10'40"WEST,47.30
FEET TO A FIVE EIGHTHS INCH IRON ROD;THENCE CONTINUING NORTH 21° 10'40"WEST, 155.50
FEET TO A FIVEEIGHTHS INCH IRON ROD;THENCE NORTH 65°58'WEST, 105.48 FEET TO A FIVE-
EIGHTHS INCH IRON ROD IN THE EASTERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC
RAILROAD;THENCE SOUTH 30°24'WEST ALONG SAID RIGHT OF WAY LINE, 57.72 FEET TO THE
MOST NORTHERLY CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO DAVID C.MEYER,
ET UX,AS RECORDED IN BOOK 500,PAGE 482,CLACKAMAS COUNTY DEED RECORDS;THENCE
SOUTH 52°45'EAST(BASIS FOR BEARINGS)ALONG THE NORTHEASTERLY BOUNDARY OF SAID
MEYER TRACT, 82.73 FEET TO A FIVE-EIGHTHS INCH IRON ROD;THENCE LEAVING SAID
NORTHEASTERLY BOUNDARY SOUTH 10°06'EAST(DEED SOUTH 10°22'EAST)422.01 FEET TO A
FIVE-EIGHTHS INCH IRON ROD;THENCE SOUTH 10° 11'30"WEST(DEED SOUTH 10°22'WEST)283.58
FEET TO A FIVE-EIGHTHS INCH IRON ROD IN THE SOUTHERLY LINE OF THAT CERTAIN TRACT OF
LAND CONVEYED TO MARY A. GOODELL,AS RECORDED IN BOOK 626,PAGE 416,CLACKAMAS
COUNTY DEED RECORDS;THENCE SOUTH 8°39'WEST,82.44 FEET(DEED SOUTH 9° 13'WEST, 81.56
FEET)TO A HOLE IN THE CONCRETE ON A RETAINING WALL;THENCE SOUTH 80°38'EAST,74.16
FEET(DEED SOUTH 80°47'EAST 74.10 FEET)TO A FIVE-EIGHTHS INCH IRON ROD;THENCE SOUTH
8°56'30"WEST(DEED SOUTH 9° 13'WEST), 19.60 FEET TO A FIVE-EIGHTHS INCH IRON ROD AT THE
MOST NORTHEASTERLY CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF
LAKE OSWEGO,AS RECORDED IN BOOK 384, PAGE 527, CLACKAMAS COUNTY DEED RECORDS;
THENCE SOUTH 0° 18'30"WEST(DEED SOUTH 0° 15'30"WEST)ALONG THE EASTERLY LINE OF
SAID CITY OF OSWEGO PROPERTY, 154.15 FEET TO A FIVE-EIGHTHS INCH IRON ROD IN SAID
NORTHERLY RIGHT OF WAY LINE OF FOOTHILLS ROAD, THENCE NORTH 78° 03'EAST ALONG SAID
NORTHERLY RIGHT OF WAY LINE(DEED NORTH 78°00'EAST),38.73 FEET TO A FIVE-EIGHTHS
INCH IRON ROD;THENCE NORTH 66°36'EAST(DEED NORTH 66°33'EAST)ALONG SAID
NORTHERLY RIGHT OF WAY LINE, 167.83 FEET TO A FIVE-EIGHTHS INCH IRON ROD;THENCE
NORTH 71°46'EAST(DEED NORTH 71°43'EAST)ALONG SAID NORTHERLY RIGHT OF WAY LINE,
214.22 FEET TO THE TRUE PLACE OF BEGINNING.EXCEPTING THEREFROM ALL THE PREVIOUSLY
DESCRIBED PROPERTY LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT AN IRON PIPE THAT MARKS THE MOST NORTHERLY CORNER OF A TRACT OF
LAND CONVEYED TO PINE STREET COMPANY,AN OREGON CORPORATION,BY DEED RECORDED
ON MAY 22, 1962,IN BOOK 604,PAGE 105,CLACKAMAS COUNTY DEED RECORDS;THENCE SOUTH
10°22'WEST ALONG THE WESTERLY BOUNDARY OF SAID TRACT A DISTANCE OF 342.28 FEET TO
THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE, SAID POINT BEING 5.00 FEET
NORTHERLY,WHEN MEASURED AT RIGHT ANGLES,FROM THE CENTER LINE OF A 10 FEET STRIP
OF LAND AS DESCRIBED IN BOOK 655,PAGE 596,CLACKAMAS COUNTY DEED RECORDS; THENCE
FROM SAID TRUE POINT OF BEGINNING SOUTH 72°55'EAST, PARALLEL TO AND 5.00 FEET
NORTHERLY OF THE PREVIOUSLY MENTIONED CENTER LINE, 193.23 FEET,MORE OR LESS,TO A
POINT ON THE WESTERLY BOUNDARY OF PARCEL"B"CONVEYED TO THE CITY OF PORTLAND BY
DEED RECORDED JULY 11,1961,IN BOOK 589,AT PAGE 257,CLACKAMAS COUNTY DEED RECORDS,
SAID POINT LYING SOUTH 1° 50'WEST,A DISTANCE OF 292.42 FEET FROM THE MOST NORTHERLY
CORNER OF SAID CITY OF PORTLAND TRACT,AND THE TERMINUS OF SAID LINE.
EXHIBIT C
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ALSO EXCEPTING THEREFROM THE SOUTHERLY 10 FEET THEREOF DEDICATED BY INSTRUMENT
RECORDED SEPTEMBER 21, 1994,AS RECORDER'S FEE NO.94-74295.
NOTE:This legal description was created prior to January 1,2008.
EXHIBIT C
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