Agenda Item - 2023-09-05 - Number 8.1 - Vacating a 6 ft. Pathway ROW Located Northwesterly of the Railroad ROW of Union Pacific Railroad from Boones Ferry Road to Bryant Road 8.1
��c E 4... COUNCIL REPORT
NC
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QREGDNI'
Subject: Vacating the Public Interest in a 6-ft Wide Unimproved Pathway Right-of-Way
Located Northwesterly of the Railroad Right-of-Way of Union Pacific Railroad from Boones
Ferry Road to Bryant Road
Meeting Date: September 5, 2023 Staff Member: Erica Rooney, PE, Public Works
Director & City Engineer
Report Date: August 25, 2023
Department: Public Works - Engineering
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑ Information Only Comments:
❑X Council Direction
❑ Consent Agenda
Staff Recommendation: NA
Recommended Language for Motion: Move to direct staff to initiate vacation proceedings
pursuant to ORS 271.130 for a 6-ft wide portion of public right-of-way as depicted in
Attachment 1.
Project/ Issue Relates To: NA
Issue before Council (Highlight Policy Question):
Direct staff on direction to take in response to a request to reinitiate the vacation process
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
ISSUE BEFORE COUNCIL
Provide direction to Staff on whether or not the City should reinitiate vacation proceedings for
a 6-ft wide portion of public right-of-way adjacent to a railroad and located behind properties
along Upper Drive.
Resr.Dect. Fx:-ellerce Trust. Servi e.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
BACKGROUND
Oregon Revised Statutes set out two separate processes for vacating a public right-of-way,
depending upon whether the City or a private party initiates the proceedings. In a private
vacation, a person must submit a petition, collect notarized signatures from all property owners
abutting the area requested to be vacated as well as the owners of not less than 2/3rds of the
"Affected Area.' In a city-initiated vacation, no petition or consent of property owners is
required. Instead, Council may authorize the vacation unless (a) a majority of the property
owners in the "Affected Area" object in writing to the vacation or (b) the vacation will
substantially affect the market value of such property and the city will not pays damages. Both
processes require a public hearing.
On May 2, 2023 the City Council adopted Resolution 23-14 for a City-initiated vacation
proceeding related to a 6-ft wide right-of-way that parallels railroad right-of-way and is located
behind properties along Upper Drive. See Attachment 1 for the general location.
In accordance with the applicable ORS 271 requirements, notification was posted of a pending
hearing, set for June 6, 2023. The hearing was held before City Council on that date, but the
Council declined to vacate the right-of-way at that time, with some counselors indicating they
wanted to give affected property owners additional time to respond.
Since then, one affected property owner--Habitat for Humanity--wrote a letter dated July 31,
2023, specifically requesting that the City re-initiate a vacation proceeding for the 6-ft wide
right-of-way. See Attachment 2.
DISCUSSION
While the ORS process for vacating public right-of-way is clear, we have no known precedent
for vacation requests initiated by either the City or by private entities. Additionally, we have no
record of any previous vacation requests being rejected. For the past 15 years, all formal
requests that have gone through the process have been approved by Council
The City Attorney and the City Engineer will present more specific details on the options and
process for reconsidering such a request at the Council Meeting on September 5.
ATTACHMENTS
1. Vicinity Map, September 5, 2023
2. Habitat for Humanity Letter, July 31, 2023
'"Affected Area" means"land lying on either side of the [right-of-way]to be vacated and extending laterally to the
next[right-of-way]that serves as a parallel [right-of-way], but in any case, not to exceed 200 feet,and the land for
a like lateral distance on either side of the street for 400 feet along its course beyond each terminus of the part
proposed to be vacated.Where a [right-of-way] is proposed to be vacated to its termini,the land embraced in an
extension of the street for a distance of 400 feet beyond each terminus shall also be counted."
Respect. Excelferce. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
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ATTACHMENT 2
411101:\. Habitat
hilt
for Humanity®
Y
Portland Region
July 31, 2023
Mayor Joe Buck via email:jbuck@ci.oswego.or.us
& Lake Oswego City Council
380 A Avenue
Lake Oswego,OR 97034
Dear Mayor&Councilors,
At your June 6, 2023 council meeting you held a public hearing to enact Ordinance 2926 vacating a six-
foot right-of-way for pathway between Boones Ferry and Bryant Road that ended with a 3-3 vote.
Habitat for Humanity is a property owner with a portion of this pathway located upon it. As the project
manager of Habitat for Humanity's West Lake Grove Townhomes,a 23-lot attached home development
on Boones Ferry Road, I'm writing to respectfully request that the Council formally reconsider vacating
the 6' pathway that exists along the southern edge of our land and other properties between Boones
Ferry Rd and Bryant Rd. With your favorable reconsideration,we will be able to provide you all, in a
public hearing,with detailed testimony on the impacts this pathway being a right-of-way has upon our
already approved subdivision development.
Thank you for your attention and consideration of this request. Feel free to let me know if you have any
questions or would like additional information.
Best regards,
424N4 .07-
LeighUU Armstrong
Construction Project Manager
P.O.Box 115271 1478 NE Killingsworth Street,Portland,OR 972111 tel(503)287-9529 I habitatportlandregion.org