Agenda Item - 2002-05-21 - Number 7.2 - 7.2
05/21/02
CITY OF LAKE OSWEGO
AGENDA REPORT SUMMARY
MEETING DATE: May 21, 2002
SUBJECT: Ordinance No. 2324, vacating surplus right of way on West Sunset
Drive
RECOMMENDED MOTION:
Move to enact Ordinance No. 2324.
EST. FISCAL ATTACHMENTS: NOTICED (Date):
IMPACT:
• Komarek Council Report April 25, 2002
N/A dated 5/13/02 with
attachments
STAFF COST:
• Ordinance No. 2324
Ordinance No. 2324
BUDGETED:
Previous Council
FUNDING SOURCE: consideration:
April 2, 2002; Resolution 02-21
ENGINEER C M UNITY DEVELOPMENT CITY MANAGER
DIRECTO
Ch4-kL /2 2—
Date Date Date
H:\RUSS_C\STREET\VACATE\Bryant Road\ord agenda.doc
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of LAKE os ,
CITY OF LAKE OSWEGO
COUNCIL REPORT
OREGO$
TO: Douglas J. Schmitz, City Manager
FROM: Joel Komarek, City Engineer
PREPARED BY: Russell Chevrette, Engineering Tech III
SUBJECT: Public Hearing for Ordinance No. 2324, vacation of a portion of West
Sunset Drive at the intersection of Boones Ferry Road
DATE: May 14, 2002
Action Requested
Staff requests that the City Council enact Ordinance No. 2324.
Background
On April 2, 2002, the City Council adopted Resolution 02-21, which set a date for a public
hearing on the vacation of a triangular shaped area on West Sunset Drive at the intersection of
Boones Ferry Road. The area designated for vacation is illustrated on the attached Exhibit A.
The context for this proposal is the City's adoption of the West Lake Grove Design District
circulation plan and the recently approved mixed use development, West Lake Grove Crossing,
that depends on the vacated area for one of its building sites. The district plan and the specific
development plan are attached as Exhibits B and C, respectively. West Lake Grove Crossing was
approved with the following condition:
"Prior to receiving any further permit approvals on the site (including
compliance with conditions B-G, below), the applicant/owner shall obtain
City Council approval of the vacation of the portion of West Sunset Drive
as illustrated on Exhibit EIS. " (Condition of approval A, case file LU 01-
0019.)
The enactment of Ordinance No. 2324 will satisfy this condition of approval. The applicant's
surveyor has supplied the legal description of the area that was illustrated on Exhibit E18.
53
Analysis
Historic conditions: The subject right of way is 30 feet wide and it intersects Boones Ferry Road
at an acute angle. The pavement in the triangular area was removed and West Sunset Drive was
realigned perpendicularly to Boones Ferry Road as part of"the gap"project in the early 90's.
The realignment was built on a tract of land that was acquired on behalf of the City by the Oregon
Department of Transportation. The Design District plan was adopted in 1999, and it designated
the surplus right of way (triangular area) as a potential development site.
Existing conditions; improvements : The triangular area is currently landscaped with a few shrubs
and small trees The adjacent, realigned roadway will be further improved with sidewalks, a
parking bay, street trees, and a new traffic signal. The applicant will be dedicating additional
right of way on West Sunset Drive and on Boones Ferry Road where wider pavement and
sidewalks are needed.
Utility issues: The Lake Grove Water District maintains a water line through the triangular area.
The applicant will relocate the water line and any other conflicting utilities before the new
building is constructed. In the interim, a utility easement must be reserved over the vacated area
and subsequently extinguished by an administrative action.
Reversion issues: Vacated right of way typically reverts in equal portions to the abutting lots on
each side of the road. In this case, however, the applicant must obtain title to the entire right of
way and a small fragment of the parcel the city acquired for the realignment project (the south tip
of the triangle). Once the vacation ordinance is enacted, the City will convey its property interest
in the portion that inures to the city owned parcel, roughly the south half of the triangle, by
executing a separate instrument. Resolution 02-21 included a provision that authorized the City
Manager to execute follow-up documents as necessary to carry this process to completion.
Conclusion:
The City's adoption of the Design District plan and the Development Review Commissions
approval of the West Lake Grove Crossing development contingent on the proposed vacation are
sufficient evidence that the proposal has been thoroughly reviewed and found to be in the public
interest.
Recommendation:
Move to enact Ordinance No. 2324.
Attachments:
Exhibit A, vicinity map
Exhibit B, West Lake Grove Design District plan
Exhibit C, West Lake Grove Crossing site plan
Ordinance 2324
54
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218
ORDINANCE NO. 2324
A SPECIAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
OSWEGO VACATING A PORTION OF WEST SUNSET DRIVE AT BOONES FERRY
ROAD.
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 West Sunset Drive by adoption of
Resolution 02-21.
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 portions of the streets generally described in Section 1 of this ordinance are
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 temporary water line easement over the
vacated area, said easement to be administratively extinguished at a later time pursuant to LOC
12.24 when the water line is relocated.
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:
Ordinance 2324, Page 1 of 2
61
Judie Hammerstad, Mayor
Date of Signature
ATTEST:
Robyn Christie
City Recorder
APPROVED AST ORM:
-1�� A A
David Powell, City Atto ey
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 2324, Page 2 of 2
62
EXHIBIT "A"
A tract of land for street vacation, situated in the southeast one-quarter of Section 7, Township 2
South, Range 1 East of the Willamette Meridian, City of Lake Oswego, Clackamas County,
Oregon, being a portion of West Sunset Drive,being more particularly described as follows:
Commencing at the southwest corner of Lot 185, "Bryant Acres Plat 3," said southwest corner
being on the northerly right of way line of West Sunset Drive; thence S 89 35'00"E along said
right of way line 168.08 feet to the True Point of Beginning; thence continuing along said right
of way line, S 89 35'00"E 76.11 feet; thence S 45 50'20"W 54.21 feet; thence N 44 09'40" W
53.42 feet to the True Point of Beginning.
Containing 1,448 square feet.
63