Agenda Item - 2002-05-21 - Number 7.1 - 7. 1
05/21/02
CITY OF LAKE OSWEGO
AGENDA REPORT SUMMARY
, ]ING DATE: May 21, 2002
SUBJECT: Ordinance No. 2323, vacating surplus right of way on Bryant Road
RECOMMENDED MOTION:
Move to enact Ordinance No. 2323.
EST. FISCAL ATTACHMENTS: NOTICED (Date):
IMPACT:
• Komarek Council Report April 25, 2002
N/A dated 5/13/02 with
attachment
STAFF COST:
• Ordinance No. 2323
Ordinance No. 2323
BUDGETED:
Previous Council
FUNDING SOURCE: consideration:
April 2, 2002; Resolution 02-20
C ENGINEER C MMUNITY DEVELOPMENT CITY MA AGER
DIRECT R
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Date Date Date
H:\RUSS_C\STREET\VACATE\Bryant Road\ord agenda.doc
41.
Si co SAKE OS"'
CITY OF LAKE OSWEGO
COUNCIL REPORT
OREGON
TO: Douglas J. Schmitz, City Manager
FROM: Joel Komarek, City Engineer6.8k-
PREPARED BY: Russell Chevrette, Engineering Tech III
SUBJECT: Public Hearing for Ordinance No. 2323; vacation of Bryant Road
DATE: May 13, 2002
Action Requested
Staff requests that the City Council enact Ordinance No. 2323, which would vacate the public
interest in a small irregular area of public right of way on the east side of Bryant Road south of
Upper Drive. The subject area is illustrated on the vicinity map attached as Exhibit A.
Background
On April 2, 2002, the City Council adopted Resolution 02-20, which set a date for a public
hearing on the vacation of some surplus right of way on Bryant Road. The vacation proposal is
city-initiated and related to the design work for signalizing the intersection of Bryant Road and
Upper Drive.
As pointed out in the staff report accompanying Resolution 02-20, the proposed vacation came
about when the survey of the Bryant Road corridor revealed an excessive amount of unimproved
right of way along the east edge of the road along the south end of tax lot 3600, and a deficiency
of right of way at the north end of the same lot. The lot's owner, Randy Miller, suggested that
since the two areas were approximately equal, he would be willing to dedicate the needed right of
way if the City would vacate the surplus right of way and relocate his driveway from Bryant Road
to Upper Drive.
Analysis and Findings
• The City of Lake Oswego has jurisdiction of Bryant Road,which was originally dedicated
to the public as County Road#2352.
43
• The proposed vacation was advertised in the newspaper and the property was posted with
two signs as required by law.
• As of the date of this report, the City has received no inquiries or comments on the
proposed vacation.
• The City plans to signalize the intersection of Bryant Road and Upper Drive, which
requires the acquisition of additional right of way from the owner of tax lot 3600.
• The owner of tax lot 3600 has offered to dedicate the necessary right of way in exchange
for the City's vacation of surplus right of way which would inure to tax lot 3600, and
relocating the driveway on tax lot 3600 from Bryant Road to Upper Drive.
• There is an abrupt jog in the subject right of way that is adjacent to tax lot 3600. The jog
is incompatible with the present or future alignment of the roadway. The easterly portion
of this jog is the subject of the proposed vacation
• The proposed vacation should be extended to include an area along tax lot 3700 as well, to
make a smooth transition to the remaining right of way.
• The proposed driveway relocation would improve traffic flow and public safety.
• The City should reserve a 5-foot wide easement for buried traffic control equipment along
the west edge of the westerly-most line segment of the vacated area.
Conclusion: The proposed vacation is in the public interest, and the adjacent owners would not
be economically damaged by the vacation.
Recommendation:
Move to enact Ordinance No. 2323.
Attachments:
Exhibit A, vicinity map
Ordinance 2323
44
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a. SCALE: DATE:
111V ENGINEERING SKETCH OF VACATION 1 " = 40' MAY 2002
ORE6aN
DEPARTMENT H EET 1 DWG. FILE NO.
51/21E060003600 & 3700
45
ORDINANCE NO. 2323
A SPECIAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
OSWEGO VACATING A PORTION OF BRYANT ROAD SOUTH OF UPPER DRIVE.
The City of Lake Oswego ordains as follows:
Section 1: The City Council determines that:
a. The City Council initiated the vacation of a portion of Bryant Road by adoption of
Resolution 02-20.
b. Notice required by law was given for the public hearing held May 21, 2002 for the
purpose of considering the proposed vacation.
c. A majority of the affected owners as defined by statute did not object in writing to the
proposed vacation.
d. The abutting properties will not suffer any economic damage by the proposed vacation.
Section 2. The portion of Bryant Road generally described in Section 1 of this ordinance is
more specifically described on the attached Exhibit A.
Section 3. The public interest in the right of way described in Section 2 is hereby vacated,
except as described in Section 4 of this ordinance.
Section 4. The City of Lake Oswego reserves a five foot wide easement for traffic control
equipment along the west edge of the most westerly line segment of the area vacated by this
ordinance.
Section 5. The City Recorder shall file with the Clackamas County Clerk, Assessor and
Surveyor certified copies of this ordinance.
Read for the first time by title only at the regular meeting of the City Council of the City of Lake
Oswego held on the 21st day of May, 2002.
AYES:
NOES:
ABSTAIN:
ABSENT:
Judie Hammerstad, Mayor
Date:
Ordinance 2323, Page 1 of 2
4i
ATTEST:
Robyn Christie
City Recorder
APPROVED AS FORM:
4-e-, j_,0 \ .—.re
David Powell, City Attorney
STATE OF OREGON)
Clackamas County )
The foregoing instrument was acknowledged before me on the day of , 2002
by Judie Hammerstad, Mayor, and Robyn Christie, City Recorder, for the City of Lake Oswego.
Notary Public; my commission expires
Ordinance 2323, Page 2 of 2
48
EXHIBIT "A"
A tract of land located in the southwest quarter of Section 8, Township 2 South, Range 1
East of the Willamette Meridian, Clackamas County, Oregon, more particularly described
as follows:
Commencing at the northwest corner of Lot 1, Plat of Lake View Villas (Plat#339), plat
records of Clackamas County, Oregon said point being at the intersection of the south
right of way line of Upper Drive (County Road#1009) and the east right of way line of
Bryant Road (County Road #2352);
thence South parallel with the west line of said Section 8, along said east right of way line
of Bryant Road, 86.71 feet, more or less, to an angle point in said right of way line,
thence continuing along said east right of way line of Bryant Road, South 35° 30' East,
8.61 feet to a point which is 20.00 feet east of the west line of said Section 8 when
measured perpendicularly, said point being the TRUE POINT OF BEGINNING of the
herein described tract;
thence continuing along said east right of way line of Bryant Road, South
35° 30' East, 71.55 feet, more or less, to an angle point in said right of
way line;
thence continuing along said east right of way line of Bryant Road, South
35° 30' West, 57.35 feet, more or less, to the most northerly corner of that
parcel described in deed to Linda L. Wagner, recorded in Clackamas
County deed records Fee No. 78-35423;
thence leaving said right of way line, North 10° 08' 48" East, 46.71 feet,
more or less, to a point on the centerline of said Bryant Road, said point
being North 54° 30' West, 20.00 feet from the most southwesterly corner
of that parcel described in deed to George W. & Elva Graves, recorded in
Clackamas County deed records Book 401, Page 680;
thence along the centerline of said Bryant Road,North 35° 30' East, 0.87
feet, more or less, to an angle point in said centerline;
thence continuing along said centerline, North 35° 30' West, 29.24 feet, to
a point which is 20.00 feet east of the west line of said Section 8 when
measured perpendicularly;
thence North, parallel with the west line of said Section 8, 34.44 feet to the
TRUE POINT OF BEGINNING.
•
H:UERRY_K\LEGALS\08CC3600&3700.DOC 49