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Home My WebLink AboutAgenda Item - 2001-10-16 - Number 8.1 - 8. 1 CITY OF LAKE OSWEGO 10/16/01 AGENDA REPORT SUMMARY MEETING DATE: October 16, 2001 SUBJECT: An Ordinance to Vacate Portions of Tenth Street (Ordinance 2304) RECOMMENDED MOTION: Move to enact Ordinance 2304. EST. FISCAL ATTACHMENTS: NOTICED (Date): IMPACT: • Schoening Council N/A Report dated 10/2/01 with attachments STAFF COST: • Ordinance 2304 Ordinance no.: 2304 BUDGETED: Previous Council FUNDING SOURCE: consideration: 8/7/01 (Resolution of Intent) 9/4/01 (Public hearing) ti�� CITYENGINEER , CO MUNITY DEVELOPMENT CITY MA AGER DIRECTOR I Date Date Date H:\RUSS C\STREET\VACATE\10t1 03erwick\agenda 2.ord 2304.doc OE FAKE OS ``%' 1,k. CITY OF LAKE OSWEGO COUNCIL REPORT OREGON TO: Douglas J. Schmitz, City Manager FROM: Mark Schoening, City Engineer PREPARED BY: Russell Chevrette, Engineering Tech III SUBJECT: Ordinance 2304;Vacation of Surplus Right of Way along Tenth Street between Evergreen Street and Berwick Road DATE: October 2, 2001 Action Requested The City Council is asked to enact Ordinance 2034. Background On September 4, 2001, the Council held a public hearing on a draft ordinance to vacate surplus right of way on Tenth Street between Evergreen Road and Berwick Road. The Council gave a conceptual approval and directed staff to finalize the legal description of the vacated right of way and return a final ordinance to the Council for enactment. Discussion In the previous council report, staff pointed out that enough right of way should be reserved to allow for some minor street widening or pedestrian improvements if they are ever deemed necessary. The final ordinance preserves about 8 feet of right of way on the west side of Tenth Street(measured from the existing edge of pavement) and about 10 feet on the east side. The narrowest section of reserved right of way is about 45 feet,which is consistent with the right of way width found on most local streets in newer development. The ordinance reserves a utility easement on the portions of right of way that will be vacated. The attached map displays the square footage of each abutting lot and the area it will gain when the abutting right of way is vacated. Recommendation: Move to enact Ordinance 2304. Attachments: Exhibit A, Vicinity map Ordinance 2304 H:\RUSS_C\STREET\VACATE\10th@Berwick\ordinance report2.doc 1 - - - �---,, , \ --� TENTH STREET i � /O0 1 1\ TL 6200 — \- , r$%$ EXISTING ►"I, PAVEMENT 11 205 BERWICK ZONE • �;�sI .s , , 38257 sq ft ,,�% %% �� S S EVERGREEN ROAD I TL 6300 IEXISTING R-O-W I;I,� • I ICI :ti..y �"L ' I 216 10TH STREET %I%� ","= x; }ram �, ;. :.:. '�,4 s. ' TL 10000 a'. I 197 PROPOSED . . ;�;40% 4`;': :''" 243 10TH STREET • 198 VACATION - V V* 6454; sq fr VV•v ,,.,m _ PROPOSED • •i. f VACATION AREA PREVIOUSLY V ff'T.," . , 3,19:sq ;•: •. ,er s, ,o titi •�� , � 3 Z ON E 8 , , ,;;,;,, , , , ; ,s #♦�,4 ,>, - R0R0pI ; IIII , $44s, , 4: t ;-;.._,:, .;, EXISTING R-0-W SCALE: 1" = 50 0E � 40i ♦ ♦ ♦I�I�� *"III loe '..: - iII 4. ev,s A -3140 sq-.ft' ,• , (AREA PREVIOUSLY VACATED ♦,I,I� VS" __ ♦ t-/'��_ „,- ,I,;;I, ;;;; _ VACATPROPION D / ��I,I, s s�' R-7.5 60 %��jjjjj ZONE ��;,;,;,;, 11568 sq ft I 59 ,� 0100 �%#%#% 201 10TH 1ST STREET sik ,4#� #• I I EXISTING �IVS")` 202 BERWICK I PAVEMENT ��;#;�;,,I, , 44I - ____ I 196 BERWICK I BERWICK ROAD I 1 1 I 1 ORDINANCE NO. 2034 A SPECIAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO VACATING PORTIONS OF TENTH STREET BETWEEN EVERGREEN ROAD AND BERWICK ROAD The City of Lake Oswego ordains as follows: Section 1: The City Council determines that: a. The City Council initiated the vacation of portions of Tenth Street between Evergreen Road and Berwick Road by adoption of Resolution 01-63. b. Notice required by law was given for the public hearing held September 4, 2001 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. Affected owners have executed an agreement to control the reversionary interest in the vacated right of way. e. 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 utility easement in the subject rights of way for the benefit of public and private utility providers. Section 5. The City Recorder shall file with the Clackamas County Clerk, Assessor and Surveyor certified copies of this ordinance. Section 6. The City Recorder shall cause the agreement referred to in Section 1 of this ordinance to be recorded with the Clackamas County Clerk. 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 16th day of October, 2001. AYES: NOES: ABSTAIN: ABSENT: Ordinance 2034, Page 1 of 2 Judie Hammerstad, Mayor Date of Signature ATTEST: Robyn Christie City Recorder APPROVED AS TO FORM: David Powell, City Attorney STATE OF OREGON) Clackamas County ) The foregoing instrument was acknowledged before me on the day of , 2001 by Judie Hammerstad, Mayor, and Robyn Christie, City Recorder, for the City of Lake Oswego. Notary Public; my commission expires Ordinance 2034, Page 2 of 2 EXHIBIT "A" On the West side of Tenth Street: A tract of land located in the southwest quarter of Section 3, Township 2 South,Range 1 East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon; Beginning at the southwest corner of Lot 198, plat of Forest Hills #4 (Plat#560); thence South 12° 50' 02" West, 29.58 feet; thence North 82° 00' 56" East, 93.61 feet; thence along an arc to the left of a 178.00 foot radius curve (Delta= 73° 14' 56"; Chord Bearing=North 45° 23' 28" East; Chord Distance= 212.38 feet), a length of 227.56 feet; thence North 81° 14' West, 8.00 feet to the northeast corner of said Lot 198; thence southerly and westerly along the easterly and southerly line of said Lot 198, 303.31 feet to the point of beginning, and . On the East side of Tenth Street: A tract of land located in the southwest quarter of Section 3, Township 2 South,Range 1 East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon; Beginning at the northwesterly corner of Lot 1,plat of Lake Bay Homes (Plat #626); thence North 74° 32' 55" West, 29.47 feet; thence along an arc to the left of a 15.00 foot radius curve(Delta= 86° 25' 53"; Chord Bearing= South 62° 14' 08" West; Chord Distance=20.54 feet), a length of 22.63 feet to a point of reverse curvature; thence along an arc to the right of a 226.00 foot radius curve (Delta= 30° 32' 53"; Chord Bearing= South 34° 17' 38" West; Chord Distance= 119.07 feet), a length of 120.50 feet; thence South 39° 33' 36"West, 68.28 feet; thence along an arc to the left of a 55.00 foot radius curve (Delta=99° 09' 06"; Chord Bearing= South 10° 01' 15"East; Chord Distance= 83.75 feet), a length of 95.18 feet to a point of compound curvature on the southwest line of Lot 40, said plat of Lake Bay Homes; thence along said southwest line of Lot 40 on an arc to the right of a 37.10 foot radius curve (Delta= 123° 14'; Chord Bearing=North 02° 01' 00"East; Chord Distance=65.28 feet), a length of 79.81 feet to a point of reverse curvature on the northwest line of said Lot 40,plat of Lake Bay Homes; thence along said northwest line of Lot 40 and Lot 1,plat of Lake Bay Homes on an arc to the left of a 270.00 foot radius curve (Delta=48° 10' 25"; Chord Bearing =North 39° 32' 18"East; Chord Distance= 220.38 feet), a length of 227.01 feet to the point of beginning.