HomeMy WebLinkAboutNotice of Decision w-Attach Adopted-Signed AN 23-0005-R
503-635-0290 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
NOTICE OF
FINAL CITY COUNCIL DECISION ON
WITHDRAWAL OF TERRITORY FROM
LAKE GROVE WATER DISTRICT
Date Mailed: October 6, 2023
Owners/Applicants: City of Lake Oswego
Location of Property: 5022 Upper Drive (21E18AA00400)
File No: AN 23-0005 (Ordinance 2930)
Date of Final City Council Decision:
The City Council approved and enacted this annexation as set forth in Ordinance 2930 on
October 3, 2023.
Effective Dates:
1. The effective date of Ordinance 2930 shall be on the 30th day after its enactment, pursuant to the
Lake Oswego City Charter. The ordinance was enacted on October 3, 2023.
2. Effective Date of Withdrawal from Domestic Water Supply District.
a. Effective Date of Withdrawal. Following the filing of the records with the Department of
Revenue and with Metro as required by Metro Code Section 3.09.060, and after Metro has
submitted the records to the Secretary of State, this withdrawal shall be effective July 1, 2024
pursuant to ORS 222.465.
Right to Appeal: This decision may be appealed, by those who appeared orally or in writing in these
proceedings, by filing a written Notice of Intent to Appeal with the State of Oregon Land Use Board of
To Learn More About the Effective Date of an Annexation
Once the City of Lake Oswego has been notified that the Secretary of State has filed the documents
(generally 3 to 4 weeks from the City Council’s decision), the effective date of the annexation will be
posted to the City’s web site at:
https://www.ci.oswego.or.us/citycouncil/23-0005-5022-upper-drive-lgwd-withdrawal
For additional information on the effective date, you may also contact:
Cristina Siquina Calderón
City of Lake Oswego – Planning Division
(503) 697-0296 or by E-mail at csiquina@ci.oswego.or.us
AN 23-0005/Ordinance 2930 Page 2 of 2
Appeals (LUBA) within 21 days of the date of the decision. Date of decision: October 3, 2023. Twenty-
one-day deadline: October 24, 2023. For more information, contact LUBA at:
Land Use Board of Appeals
550 Capitol St. NE, Suite 235
Salem, OR 97301-2552
(503) 373-1265
How to Obtain More Information: The decision is available for review, and a copy may be obtained at
cost at the following address:
City of Lake Oswego
Planning Department
Lake Oswego City Hall
PO Box 369
380 A Avenue
Lake Oswego, OR 97034
Phone (503) 697-6591
Or call
Paul Espe, Associate Planner
Phone (503) 697-6577
Ordinance 2930, AN 23-0005 Page 1 of 3
(21E18AA00400)
ORDINANCE 2930
AN ORDINANCE OF THE CITY OF LAKE OSWEGO DECLARING THE WITHDRAWAL OF TERRITORY
CONSISTING OF 0.44 ACRES LOCATED AT 5022 UPPER DRIVE IN THE CITY OF LAKE OSWEGO
FROM THE LAKE GROVE WATER DISTRICT (AN 23-0005).
WHEREAS, withdrawal of the territory comprising approximately 0.44 acres located at 5022
Upper Drive, shown on the map in Attachment “A” and described below would constitute a
withdrawal of territory under ORS 222.524 and;
WHEREAS, ORS 222.524 authorizes the governing body of a city to cause the withdrawal from a
water district, that portion of such district incorporated in, or annexed to the city and to hold a
public hearing on the question of such withdrawal; and,
WHEREAS, the City of Lake Oswego annexed the subject property but the property has not
been withdrawn from the Lake Grove Water District; and,
WHEREAS, the property has both a four-inch Lake Oswego water line and a six-inch (Lake Grove
Water District (LGWD) water line in Upper Drive, and is in the LGWD service boundary; and,
WHEREAS, this parcel is part of a 1.9-acre unified site plan for a development consisting of five
vacant tax lots that have frontage on Boones Ferry Road and Upper Drive and where these
parcels receive water service from the City of Lake Oswego and although this parcel lies within
the LGWD’s service boundary, the balance of the parcels within the site are served by Lake
Oswego.
WHEREAS, a part of the preliminary analysis for the future project on this site, it was found that
the property can be served by the LGWD and the City because of the two water lines at the
parcel’s frontage, and the City of Lake Oswego finds it necessary and in the best interest of the
City to cause this property to be withdrawn from the Lake Grove Water District; and,
WHEREAS the withdrawal of the parcel from LGWD would increase the cost efficiency of
providing urban services” (per Resolution 94-22) to the parcel because it is neither efficient nor
cost effective to have two separate systems serving the same development.
WHEREAS, the City has received consent from the Lake Grove Water District to effect transfer
of the annexed property from the Lake Grove Water District to the City of Lake Oswego; and,
WHEREAS, this boundary change is consistent with the Urbanization and Public Facilities and
Services sections of the City of Lake Oswego’s acknowledged Comprehensive Plan, Oregon
Revised Statutes for boundary changes, and Metro Code Sections 3.09.050(b) and (d).
Now, therefore, the City of Lake Oswego ordains as follows:
Section 1. The real property described as follows is hereby withdrawn from the Lake Grove
Water District:
Effective Date: November 2, 2023
Ordinance 2930, AN 23-0005 Page 2 of 3
(21E18AA00400)
A tract of land located within the southeast quarter of Section 7 and northeast quarter of
Section 18, Township 2 South, Range 1 East of the Willamette Meridian, City of Lake Oswego,
Clackamas County, Oregon, said tract of land being that certain property conveyed to Habitat
for Humanity Portland/Metro East dba Habitat for Humanity Portland Region by Warranty Deed
recorded December 30, 2021 in the Official Records of Clackamas County, as Parcel IV of
Recording No. 2021-112341; said tract of land being more particularly described as follows:
Lot 34, Map of Bryant Acres (Plat No. 383), plat records of Clackamas County.
Excepting therefrom the rights of way of Upper Drive (County Road No. 1009) and a 6-foot
Pathway as per said Map of Bryant Acres.
As depicted on Attachment A
Section 2. The City Council hereby adopts the findings of facts and conclusions set forth in
Attachment B in support of this Withdrawal of Territory Ordinance.
Section 3. Effective Dates:
a. Effective Date of Boundary Change Decision. Pursuant to Metro Code 3.09.050(f),
the effective date of this boundary change decision shall be immediately upon adoption, unless
a governmental entity that qualifies as a “necessary party” under Metro Code 3.09.020(j) has
contested this withdrawal of territory, in which event this decision shall be effective on the 10th
day following the mailing of this ordinance by the City Recorder to Metro and to all necessary
parties who appeared in this proceeding.
b. Effective Date of Ordinance. Pursuant to Lake Oswego City Charter, Section 35.C,
this ordinance shall be effective on the 30th day after its enactment.
c. Effective Date of Withdrawal. Following the filing of the records with the
Department of Revenue and with Metro as required by Metro Code Section 3.09.060, and after
Metro has submitted the records to the Secretary of State, this withdrawal shall be effective
November 2, 2023 pursuant to ORS 222.465.
Section 4. Mailing Copies of this Ordinance; Metro Notice
Within 30 days following the date of adoption:
a. The City Recorder shall mail a copy of this ordinance to all persons and
governmental entities that appeared at the public hearing and requested a copy of the
ordinance following adoption.
b. The City Recorder shall mail a copy of this ordinance together with the applicable
mapping and notice fee charged by Metro pursuant to Metro Code 3.09.110, to the Metro Data
Resource Center, 600 NE Grand Ave., Portland, OR 97232.
Read by title only and enacted at the regular meeting of the City Council of the City of Lake
Oswego held on October 3, 2023.
AYES: Mayor Buck, Rapf, Afghan, Corrigan, Wendland, Mboup, Verdick
NOES: None
ABSTAIN: None g
EXCUSED: None
Joseph M. Buck, Mayor
Dated
ATTEST:
Kari Linde ity Recorder
APPROVED AS T❑ FORM:
7%, 6L=-=
Ellen Osoinach, City Attorney
ordinance 2930,AN 23-0005 Page 3 of 3
(21E18AA00400)
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8/24/2023
Attachment A
Map and Lot #:21E18AA TL 00400
0 75 150 225 300
Feet
WLG OC
WLG RMU
R-5
WLG R-2.5
R-7.5
WLG RMU
A
166
Removal of Territory from Lake Grove
Water District
N 23-0005/Ordinance 2930
Area to be removed
0 80 160 240 320
Feet
³
8/24/2023
Lake Oswego
City Limits
Subject
Property
Attachment A
Tax Lot ID:21E18AA00400
City of Lake Oswego:
COMPREHENSIVE PLAN = WLG R-2.5, Townhome Residential
ZONING = WLG R-2.5, Townhome Residential
Clackamas County:
ZONING = R-10, Low Density Residential
0 100 200 300 40050
Feet
September 13, 2023
AN 23-0005 ATACHMENT B/Page 1 of 3
Attachment B
Criteria, Findings, Conclusion, and Effective Date
APPLICABLE CRITERIA:
A.Oregon Revised Statutes, Annexation of Public Service Districts
1.ORS 222.520 Annexation of less than entire district; assumption of obligations by city
conditional.
2.ORS 222.524 Procedure for withdrawal of part of district from district
FINDINGS:
A.Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations
ORS 222.520: Annexation of less than entire district; assumptions of obligation by city
conditional.
1.Whenever a part less than the entire area of a district named in ORS 222.510 [includes water
district] becomes incorporated as or annexed to a city … and the city, after the incorporation
or annexation, will provide for the service to the part of the district that the district provided
before the incorporation or annexation, the city may cause the part to be withdrawn from the
district in the manner set forth in ORS 222.120 [Procedure for annexation without election] or
at any time after the incorporation or annexation in the manner set forth in ORS 222.524
[Procedure for withdrawal of part of district from district]. Until withdrawn, the part of the
district incorporated as or annexed to the city shall continue to be a part of the district.
The City did not withdraw this parcel from LGWD at the time of annexation, April 3, 2018 (AN 17-
0011) (Ord. 2776) because of the Lake Grove Water District Intergovernmental Agreement (LGWD
IGA, Resolution 94-22, Exhibit E-1). The City is prepared to provide water service to the property
and withdraw the property from LGWD per ORS 222.520 and 222.524.
This property is part of a 1.9-acre unified development site consisting of five vacant lots owned by
Habitat for Humanity Portland/Metro (Owner). On June 21, 2023, Owner received design approval
from the Development Review Commission for 23 townhomes.
The City is authorized to provide water services to properties within its boundaries. The territory
being proposed for withdrawal is within the City limits (and urban services boundary). All of the lots
within the development, except this one, receive water service from Lake Oswego. There are both a
four-inch Lake Oswego water line and a six-inch LGWD water line in Upper Drive. City Engineering
and LGWD staff concur that it would not be efficient or cost effective to have two separate systems
serving the same development. LGWD staff indicated that they would support removing this
property from their district.
September 13, 2023
AN 23-0005 ATACHMENT B/Page 2 of 3
2. The part withdrawn pursuant to subsection (1) of this section is not relieved from liabilities
and indebtedness previously contracted by the district. For the purposes of paying the
liabilities and indebtedness of the district, property in the part withdrawn shall continue to be
subject to assessment and taxation uniformly with property in the area remaining in the
district. The city of which it became a part shall, however, assume such obligations if the
obligations assumed do not bring the total of the city’s obligations above any applicable
limitations prescribed by statute. When the city assumes the obligations, it shall be liable to
the district for one of the following, at the option of the city:
b. Payment annually, as the bonds of the district that were outstanding on the effective
date of the withdrawal mature, of the same proportion of the outstanding bonds, and the
interest on the bonds, as the assessed valuation of the part withdrawn bears to the assessed
valuation of the entire district on the effective date of the withdrawal. After the city agrees to
make payments under this paragraph, neither the city nor the part withdrawn shall be
charged by the district with any future liabilities, obligations or functions of the district.
The Clackamas County Department of Assessment and Taxation stated that there is no
outstanding bonded debt or any taxes due for obligations of LGWD on the property. [The
property became exempt from real property taxation as of January, 2022 when purchased by
the Owner, a charitable institution (ORS 307.130)].
ORS 222.524: Procedure for withdrawal of part of district from district
1. If as authorized by ORS 222.520 the governing body of the city elects to cause the withdrawal
from a district …, it shall hold a public hearing on the question of such withdrawal. At the
hearing, the governing body of the city shall hear objections to the withdrawal and shall
determine whether such withdrawal is for the best interest of the city.
This statute authorizes the Council to cause the withdrawal of the property from LGWD after
holding a public hearing on the question of such withdrawal to determine if withdrawal is in the
“best interest of the city.” A duly noticed public hearing is being held to consider the withdrawal of
this territory from the Lake Grove Water District. Staff finds that it is in the “best interest of the city”
to withdraw the property from LGWD because there is a duplication of services, the City is able to
provide the service, and there are no financial costs of the city to do so, e.g., no assumption of
bonded indebtedness or tax obligations of LGWD (see findings above regarding ORS 222.520).
2. The governing body shall fix a date, time and place for the hearing and cause notice of the
date, time, place and purpose of the hearing to be published once each week for two
successive weeks prior to the date of the hearing in a newspaper of general circulation in the
city, and shall cause notices of the hearing to be posted in four public places in the city for a
like period.
Resolution 23-27 initiated the notice and public hearing process. The notice was published in the
Lake Oswego Review and was posted at City Hall, the Adult Community Center, the City Library and
Operations Center. A notice was also posted on the site on September 13, 2023. The notice
contained information about the affected territory, time and place of the public hearing and the
means by which any person can obtain a copy of the written report. The annexation notification
procedures comply with this statute.
September 13, 2023
AN 23-0005 ATACHMENT B/Page 3 of 3
3. After the hearing, the governing body of the city may by ordinance declare that the part of the
district which was theretofore incorporated as or annexed to the city is withdrawn from the
district.
4. The ordinance referred to in subsection (3) of this section is subject to referendum.
5. The city may withdraw from all of such districts at the same time in one proceeding under this
section or may withdraw from each district in separate proceedings at different times.
6. ***.
A form of ordinance declaring that the territory has been withdrawn from the District and
complying with ORS 222.524(3, 4) to withdraw the parcel from the LGWD is attached as Exhibit A-1.
Note: Withdrawal of territory from a district under ORS 222.520 is not a “minor boundary change” (Metro
Code 3.09.020(I)). Accordingly, this is not a “boundary change” involving “a major or minor boundary
change involving affected territory lying within the jurisdictional boundaries of Metro or the boundaries of
urban reserves designated pursuant to ORS 195.137 to 195.145” (Metro Code 3.09.020(D)). Therefore,
Metro Code 3.09.040 (Requirements for Petitions) and 3.09.050 (Hearing and Decision Requirements for
Decisions Other Than Expedited Decisions) are not applicable criteria.
CONCLUSION:
Based on the criteria and findings set forth above, the City Council concludes that proposed withdrawal
from the Lake Grove Water District complies with all applicable criteria and the subject property should be
withdrawn from the LGWD.
EFFECTIVE DATE:
A.Effective Date of Withdrawal Ordinance. Pursuant to Lake Oswego City Charter, Section 34,
the ordinance shall be effective on the 30th day after its Enactment.
B.Effective Date of Withdrawal. Pursuant to ORS 222.465, this withdrawal shall be effective on
November 2, 2023.
Subject: Resolution 23-27, initiating proceedings to withdraw one parcel, 5022 Upper Drive
Tax Lot /Map 21E18AA00400, from the Lake Grove Water District.
Meeting Date: July 18, 2023
Report Date: June 30, 2023
Staff Member: Paul Espe, Associate Planner
Department: Planning and Building Services
Action Required Advisory Board/Commission Recommendation
☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded
☒Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction☐Consent Agenda
Staff Recommendation: Adopt Resolution 23-27, to initiate the withdrawal of one parcel
consisting of approximately 0.43 acres from the Lake Grove Water District.
Recommended Language for Motion: Move to adopt Resolution 23-27.
Project / Issue Relates To:
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
ISSUE BEFORE COUNCIL
Shall the Council initiate a withdrawal proceeding pursuant to ORS 222.524, to withdraw one
parcel, 5022 Upper Drive, from the Lake Grove Water District (LGWD)?
If the withdrawal proceedings are initiated and later approved, it would result in the withdrawal
of approximately 0.43 acres of territory from the LGWD. A map of the property is shown in
Attachment A to Resolution 23-27 (Exhibit 1).
AN 23-0005 EXHIBIT E-1/PAGE 1 OF 15
BACKGROUND
City Council approved the annexation of this property on April 3, 2018 (AN 17-0011). The
property was retained within the LGWD due to its location within the LGWD boundary and
Resolution 94-22 (Exhibit 2).
Resolution 94-22
The City Council adopted Resolution 94-22 on June 7, 1994 (Exhibit 2). This Resolution
acknowledges the LGWD district boundaries and agrees to retain annexed property within the
district unless “a cooperative agreement is entered into setting forth roles and responsibilities
for future planning and provision of water service within the area or including other measures
for enhancing the cost efficiency of providing urban services.” Resolution 94-22, Section 2.
This is being processed under ORS 222.524, which authorizes the City to withdraw territory
from service districts after annexation. This Council Report describes the reasons for the
withdrawal from the LGWD and provides background information.
DISCUSSION
This parcel is part of a 1.9-acre unified site plan for development by Habitat for Humanity
consisting of five vacant tax lots that have frontage on Boones Ferry Road and Upper Drive. The
site received previous approval for a 23-lot townhouse subdivision with a private street (LU 18-
0024). On November 14, 2022, the current owner of the property, Habitat for Humanity
Portland/Metro, applied for development review (LU 22-0059) to construct 23 townhomes.
The first public hearing before the Development Review Commission is scheduled for June 21.
There is both a 4-inch Lake Oswego water line and a 6-inch LGWD water line in Upper Drive. As
a part of the preliminary analysis for the future project on this site, it was found that the
property can be served by the LGWD and the City because of the two water lines at the parcel’s
frontage. Although this parcel of the development site lies within the LGWD’s service
boundary, the balance of the parcels within the site are served by Lake Oswego.
The City Engineering and LGWD staffs agree that withdrawal of the parcel from LGWD would be
a “[measure] for enhancing the cost efficiency of providing urban services” (per Resolution 94-
22)to the parcel because it is neither efficient nor cost effective to have two separate systems
serving the same development. Accordingly, LGWD staff indicated that they support removing
this property from their district1.
If the proposed withdrawal from the LGWD is approved, it would allow water service to be
provided for the entire development site by the City of Lake Oswego. Staff requests City
1 Email sent from Tammy Schalk (LGWD) to Erica Rooney, City Engineer dated 05/25/23.
AN 23-0005 EXHIBIT E-1/PAGE 2 OF 15
Council initiation of the withdrawal proceeding because staff believes that withdrawal of this
property from LGWD is in the public interest for the reasons stated herein.
ORS 222.520 Annexation of less than entire district; assumption of obligations by city
conditional.
1.Whenever a part less than the entire area of a district named in ORS 222.510 becomes
incorporated as or annexed to a city …, after the incorporation or annexation…, the city
may cause the part to be withdrawn from the district in the manner set forth in ORS
222.120 ORS 222.120 (Procedure for annexation without election) or at any time after the
incorporation or annexation in the manner set forth in ORS 222.524 ORS 222.524
(Procedure for withdrawal of part of district from district). Until withdrawn, the part of
the district incorporated as or annexed to the city shall continue to be a part of the
district.
The City can withdraw this parcel from LGWD in a manner set forth in ORS 222.120 at the time
of annexation or at any time after the annexation in the manner set forth in ORS 222.520 or
ORS 222.524. It was not withdrawn at the time of annexation, so accordingly, withdrawal must
be per ORS 222.520 and 222.524.
The 4-inch Lake Oswego water line and the 6-inch LGWD water line in Upper Drive constitute a
duplication of services. As stated above, the City Engineering and LGWD staff agreed that it
would not be efficient or cost effective having two separate systems serving the same
development, and LGWD staff indicated that they would support removing this property from
their district.
Approving this Resolution for the City Council to initiate the withdrawal of this parcel from
LGWD does not bind the Council to approval, as the Council must find after the public hearing
that it meets the relevant criteria provided under ORS 222.120 (Procedure for annexation
without election).
2.The part withdrawn pursuant to subsection (1) of this section is not relieved from
liabilities and indebtedness previously contracted by the district. For the purposes of
paying the liabilities and indebtedness of the district, property in the part withdrawn shall
continue to be subject to assessment and taxation uniformly with property in the area
remaining in the district. The city of which it became a part shall, however, assume such
obligations if the obligations assumed do not bring the total of the city’s obligations
above any applicable limitations prescribed by statute. When the city assumes the
obligations it shall be liable to the district for one of the following, at the option of the
city:
a.The amount of taxes that otherwise would be extended each year for the obligations
against the property in the part withdrawn; or
AN 23-0005 EXHIBIT E-1/PAGE 3 OF 15
b. Payment annually, as the bonds of the district that were outstanding on the effective
date of the withdrawal mature, of the same proportion of the outstanding bonds, and the
interest on the bonds, as the assessed valuation of the part withdrawn bears to the
assessed valuation of the entire district on the effective date of the withdrawal. After the
city agrees to make payments under this paragraph, neither the city nor the part
withdrawn shall be charged by the district with any future liabilities, obligations or
functions of the district.
The Clackamas County Department of Assessment and Taxation stated that there is no
outstanding bonded debt or any taxes due on the property. The Tax Account on this
property became exempt as of January 2022 at the time of purchase by the Habitat for
Humanity, a non-profit organization.
ORS 222.524 Procedure for withdrawal of part of district from district.
(1) If as authorized by ORS 222.520 the governing body of the city elects to cause the
withdrawal from a district …, it shall hold a public hearing on the question of such
withdrawal. At the hearing, the governing body of the city shall hear objections to the
withdrawal and shall determine whether such withdrawal is for the best interest of the city.
For the reasons stated herein, staff believes that the evidence will show at the public hearing
that the efficient distribution of City water is in the public interest.
(2) The governing body shall fix a date, time and place for the hearing and cause notice of the
date, time, place and purpose of the hearing to be published once each week for two
successive weeks prior to the date of the hearing in a newspaper of general circulation in the
city, and shall cause notices of the hearing to be posted in four public places in the city for a
like period.
Resolution 23-27 would initiate the notice and public hearing process.
(3) After the hearing, the governing body of the city may by ordinance declare that the part of
the district which was theretofore incorporated as or annexed to the city is withdrawn from
the district.
(4) The ordinance referred to in subsection (3) of this section is subject to referendum.
(5) The city may withdraw from all of such districts at the same time in one proceeding under
this section or may withdraw from each district in separate proceedings at different times.
(6) ***.
A form of ordinance complying with ORS 222.525(1 and 3-5) to withdraw the parcel from the
LGWD will be submitted to the Council at the time of the public hearing.
AN 23-0005 EXHIBIT E-1/PAGE 4 OF 15
OPTIONS
There are two options available to the City Council
1. Approve initiation of the withdrawal proceeding and schedule a public hearing for
September 19, 2023.
2. Decline initiation of the withdrawal proceeding
FISCAL IMPACT
There are no direct fiscal impacts for the City initiating a public hearing for the withdrawal of
this property from the Lake Grove Water District.
RECOMMENDATION
Adopt Resolution 23-27, initiating the withdrawal of 5022 Upper Drive Tax Lot /Map
21E18AA00400 from the Lake Grove Water District.
EXHIBITS
1. Resolution 23-27, dated 06/30/2023
• Attachment A – Map, dated 06/08/23
2. Resolution 94-22 IGA between LGWD and City - Rev 06/07/94
3. Email from Tammy Schalk (LGWD) to Erica Rooney, City Engineer, dated 05/25/23
AN 23-0005 EXHIBIT E-1/PAGE 5 OF 15
RESOLUTION 23-27
A RESOLUTION OF THE CITY COUNCIL INITIATING THE PROCEEDINGS TO WITHDRAW
TERRITORY CONSISTING OF 0.43 ACRES LOCATED AT 5022 UPPER DRIVE IN THE CITY OF LAKE
OSWEGO FROM THE LAKE GROVE WATER DISTRICT, AND AUTHORIZING THE CITY RECORDER
TO GIVE NOTICE OF A PUBLIC HEARING (AN 23-0005).
WHEREAS, withdrawal of the territory from the Lake Grove Water District comprising
approximately 0.43 acres located at 5022 Upper Drive, shown on the map in Attachment “A”
and described below would constitute a withdrawal of territory under ORS 222.524 and;
WHEREAS, ORS 222.524 authorizes the governing body of a city to cause the withdrawal from a
water district, that portion of such district incorporated in, or annexed to the city and to hold a
public hearing on the question of such withdrawal; and,
WHEREAS, the City of Lake Oswego annexed the subject property but the property has not
been withdrawn from the Lake Grove Water District; and,
WHEREAS, the subject parcel is part of a larger unified site for development of a 23-lot
townhouse subdivision per approved LU 18e-0024 and pending LU 22-0059; and
WHEREAS, the City has received concurrence from the Lake Grove Water District staff that
withdrawal of the parcel would comply with Resolution 94-22; and,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Owego that:
Section 1. The Council incorporates the above recitals.
Section 2. Pursuant to the provisions of ORS 222.524, the City Council herby initiates
proceedings to withdraw of territory (5022 Upper Drive) from the Lake Grove Water District as
depicted on Attachment A.
Section 3. The City Recorder shall give such notice as required by ORS 222.524 of a public
hearing to be held before the City Council concerning this proposed vacation on or after July 18,
2023.
Section 4. The Resolution shall be effective 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.
AN 23-0005 EXHIBIT E-1/PAGE 6 OF 15
AYES:
NOES:
ABSTAIN:
EXCUSED:
______________________________________
Joseph M. Buck, Mayor
________________________________
Dated:
ATTEST:
______________________________________
Kari Linder, City Recorder
APPROVED AS TO FORM:
____________________________________
Ellen Osoinach, City Attorney
AN 23-0005 EXHIBIT E-1/PAGE 7 OF 15
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6/6/2023
Attachment A
Map and Lot #:21E18AA00400
0 75 150 225 300
Feet
WLG OC
WLG RMU
R-5
WLG R-2.5
R-7.5
WLG RMU
Removal of Territory from Lake Grove
Water District
AN 23-0005/Resolution
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-27
Area to be removed
AN 23-0005 EXHIBIT E-1/PAGE 8 OF 15
AN 23-0005 EXHIBIT E-1/PAGE 9 OF 15
AN 23-0005 EXHIBIT E-1/PAGE 10 OF 15
AN 23-0005 EXHIBIT E-1/PAGE 11 OF 15
AN 23-0005 EXHIBIT E-1/PAGE 12 OF 15
From:Rooney, Erica
Sent:Thursday, May 25, 2023 6:55 AM
To:Espe, Paul
Subject:FW: 5022 Upper Drive - Boundary Change to be served by Lake Oswego
Paul,
I have the LGWD concurrence in writing here, as noted below.
Erica Rooney, PE
Public Works Director & City Engineer | Public Works
City of Lake Oswego
PO BOX 369 | 380 A Avenue | Lake Oswego OR 97034
503-635-0264
Respect. Excellence. Trust. Service.
Stay Connected | Facebook | Instagram | Twitter | e-updates
From: Tammy . <tammy@lakegrovewater.com>
Sent: Wednesday, May 24, 2023 2:22 PM
To: Rooney, Erica <erooney@ci.oswego.or.us>; Bruce Goldson <thetaengllc@gmail.com>
Cc: Knepper, Todd <tknepper@ci.oswego.or.us>
Subject: Re: 5022 Upper Drive - Boundary Change to be served by Lake Oswego
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Hi Erica,
Yes we are in agreement with this. Bruce has been in contact with Ed to coordinate termination of our water line.
On Wed, May 24, 2023 at 2:01 PM Rooney, Erica <erooney@ci.oswego.or.us> wrote:
Tammy,
I know it has been a while since we talked about this matter, but I wanted to get us back on the same page.
Your team reached out to us in mid-August 2022 to talk about serving the proposed Habitat for Humanity project site
near Boones Ferry Road and Upper Drive. We responded back with an email on August 23, which is attached, and
then we also met virtually to discuss further and to explain why it made sense for this site to be served by Lake
Oswego. From my notes, where we left off was that we would do a boundary adjustment or “de-annexation” from
AN 23-0005 EXHIBIT E-1/PAGE 13 OF 15
LGWD to Lake Oswego water, much like was done in 2018 when Joel Komarek assisted with cleaning up the service
boundary for the properties on Carmen Drive (Ordinance 2792 is attached).
Again, this makes the most sense given that the vast majority of the Habitat for Humanity development site will be
within existing Lake Oswego service area, and it would not be efficient nor cost effective to have two separate systems
serving the same development. Development and construction plans are in the final stages with the intention of
serving the site from Lake Oswego water mains.
With that said, the time has come for me to get this on the City Council agenda, and I want to confirm that you’re still in
agreement this is the direction we are moving forward.
o According to our Planning Department, we would have this on the July 18 City Council Agenda with a
Resolution to initiate proceedings to withdraw property (5022 Upper Drive) from LWWD.
o The final action to withdraw, an Ordinance, would be at either the September 5 or October 3 City
Council
Please let me know if you have any questions with this approach, and if not, please confirm this is acceptable to LGWD.
Thank you for your assistance on this matter as we work together to make this clear and reasonable for the
development of the Habitat for Humanity project.
Erica Rooney, PE
Public Works Director & City Engineer | Public Works
City of Lake Oswego
PO BOX 369 | 380 A Avenue | Lake Oswego OR 97034
503-635-0264
Respect. Excellence. Trust. Service.
Stay Connected | Facebook | Instagram | Twitter | e-updates
AN 23-0005 EXHIBIT E-1/PAGE 14 OF 15
PUBLIC RECORDS LAW DISCLOSURE This e-mail is a public record of the City of Lake Oswego and is subject to public
disclosure unless exempt from disclosure under Oregon Public Records Law. This email is subject to the State Retention
Schedule.
--
Thank you,
Tammy Schalk
District Manager
Lake Grove Water District
(503) 636-1617
fax (503) 635-5066
www.lakegrovewater.com
AN 23-0005 EXHIBIT E-1/PAGE 15 OF 15