Resolution 17-52, Initiating Proceedings to Vacate Portions of the right-of-way for Boones Ferry Road, Kruse Way, and Kruse Way Place

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1 14.6 TO: FROM: SUBJECT: Kent Studebaker, Mayor Members of the City Council Erica Rooney, P.E., City Engineer Tom Workman, City Surveyor Engineering Department Resolution 17-52, Initiating Proceedings to Vacate Portions of the right-of-way for Boones Ferry Road, Kruse Way, and Kruse Way Place DATE: August 15, 2017 COUNCIL DATE: September 5, 2017 ACTION Adopt Resolution initiating proceedings to vacate portions of the right-of-way for Boones Ferry Road, Kruse Way, and Kruse Way Place and authorizing the City Recorder to give notice of a public hearing. INTRODUCTION/BACKGROUND In a separate proceeding, the owner and developer of 3800 and 3900 Kruse Way Place is proposed to create a large facility for assisted living purposes (LU ). The application was reviewed and approved by the Development Review Commission on December 7, The conditions of approval for development requires a number of frontage improvements and the relocation of a public 12 water main that currently cuts across the properties. In order to accomplish these improvements, it is necessary to provide new public easements for existing and proposed public facilities, dedicate some right-of-way, and also vacate other right-of-way areas to provide clarity of ownership and use. The Commission s approval of the development application specifically contains a condition for the applicant to apply for and receive approval from the City Council to vacate three small areas as shown on the exhibit attached to Resolution In accordance with Resolution 06-56, the City has a policy that values the retention of public right-of-way, and it shall not be vacated, except when certain circumstances are of greater benefit to the City than keeping the right-of-way. The City is receiving a number of benefits from this overall development and subsequent street vacations: A Avenue PO BOX 369 Lake Oswego, OR

2 Page 2 It corrects errors or inconsistencies in right-of-way boundaries. The vacations are coupled with dedication of additional right-of-way in order to achieve more logical or useful right-of-way boundaries. The dedication of easements for existing sewer facilities adjacent to Boones Ferry improves access for maintenance purposes, and clarifies responsibility and restrictions. DISCUSSION The proceedings for street vacations are dictated by Oregon Revised Statues. A street vacation proceeding may be initiated by either: The City Council on its own motion (ORS ). Following the public hearing, the vacation can be approved unless a majority of the owners in the affected area object in writing. The affected area is 200 ft. out from the street and a distance of 400 ft. beyond the ends of the area to be vacated. (ORS ). If the vacation will substantially affect the market value of property abutting the street, and the vacation ordinance is to be adopted, there must be a provision for paying damages. Whether there would be a need to provide for payment of damages will be determined at the public hearing. A property owner (ORS ). A property owner initiates a vacation proceeding by filing a petition with the consent of the property owners abutting the proposed vacated street, and at least two-thirds of the owners in the affected area. Engineering staff supports the initiation of the street vacation proceeding by the City because of the benefits the City is receiving through the development s commitment to various dedications and easements, and the relocation of the 12 water main. Therefore, it is recommended the City formally initiate the street vacation of portions of the right-of-way for Boones Ferry Road, Kruse Way, and Kruse Way Place, and set a formal public hearing for the October 3, 2017 council meeting. Resolution would initiate the formal proceedings to vacate these three areas of right-of-way. ALTERNATIVES & FISCAL IMPACT There are two alternatives available to the Council 1. Deny the request for initiating the street vacation. This will negatively affect the opportunity to develop the properties at 3800 and 3900 Kruse Way Place, as the street vacations are conditions of approval for LU Approve the request to initiate the street vacation and schedule a public hearing for October 3, A Avenue PO BOX 369 Lake Oswego, OR

3 Page 3 There are no direct fiscal impacts for the City in initiating a public hearing for a street vacation. RECOMMENDATION Adopt Resolution 17-52, initiating the street vacation proceedings for portions of the right=ofway for Boones Ferry Road, Kruse Way, and Kruse Way Place, as noted in the attachment. ATTACHMENTS 1. Resolution A Avenue PO BOX 369 Lake Oswego, OR

4 ATTACHMENT 1 Resolution Page 1 of 2 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO INITIATING PROCEEDINGS TO VACATE PORTIONS OF THE RIGHT-OF-WAY FOR BOONES FERRY ROAD, KRUSE WAY, AND KRUSE WAY PLACE AND AUTHORIZING THE CITY RECORDER TO GIVE NOTICE OF A PUBLIC HEARING. WHEREAS, the City of Lake Oswego has jurisdiction of three various shaped tracts of land on Boones Ferry Road, Kruse Way, and Kruse Way Place, identified on the attached Exhibit 1 (vacation area), and WHEREAS, the adjacent property owner at 3800 Kruse Way Place will be dedicating right-ofway and public utility easements to accommodate frontage improvements and underground infrastructure along Boones Ferry Road and Kruse Way, and WHEREAS, the compilation of street vacations, right-of-way dedications, and easements will improve the clarity of ownership and responsibility of both the private property and the public easements and right-of-way, which is a benefit to the City of Lake Oswego, and WHERAS, as these proposed modification meets City Policy established through Resolution 06-56, in that 1. Vacation is coupled with dedication of additional right of way in order to achieve a more logical or useful right of way boundaries or routes, and 2. The City Council finds that vacating a right of way serves the public interest, and WHEREAS, the City Council, pursuant to ORS , desires to initiate street vacation proceedings for the vacation area, now therefore BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The Council incorporates the above recitals. Section 2. The Council finds that the owner of 3800 and 3900 Kruse Way Place has shown reasonable intent to provide the necessary dedication of other right-of-way and public easements. Section 3. Pursuant to the provision of ORS , the City Council does hereby initiate proceedings to vacate portions of the right-of-way for Boones Ferry Road, Kruse Way, and Kruse Way place, on the attached Exhibit 1. Section 4. The City Recorder shall give notice of a public hearing to be held before the City Council upon this proposed vacation on or after October 3, 2017.

5 Section 5. This Resolution shall be effective upon passage. Considered and enacted at the regular Council Meeting of the City of Lake Oswego held on the 5th day of September, 2017 AYES: NOES: EXCUSED: ABSTAIN: Kent Studebaker, Mayor ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David D. Powell, City Attorney Resolution Page 2 of 2

6 Feet 1 INCH = 100 FEET KR US EW AY 4004 KRUSE WAY TAX LOT NO. 21E08BA05900 PL AC E 3900 KRUSE WAY PLACE TAX LOT NO. 21E08BA03300 EXISTING D PROPOSED VACATION FE RR YR OA PROPOSED VACATION ON ES 3800 KRUSE WAY PLACE TAX LOT NO. 21E08BA03200 WE US E R KR BO EXISTING WA LO Y LEGEND PROPOSED VACATION CIT Y AK E O S O EG W L OF CITY OF LAKE OSWEGO ENGINEERING OR E ON G DEPARTMENT PROPOSED VACATION SPRINGS AT LAKE OSWEGO (LU ) DESIGN: -SCALE: 1" = 100' SHEET 1 OF 1 DRAWN: TW CHECK: ER DATE: AUGUST 23, 2017 FILE: H:\Surveying Services\Land Use\Case Files\2015\LU (3800 & 3900 Kruse Way PL)\DWG\LU _ROW Vacation.dwg EXHIBIT 1