HomeMy WebLinkAboutAgenda Item - 2002-12-03 - Number 4.1.3 - 4. 1 .3
CITY OF LAKE OSWEGO 12/03/02
AGENDA REPORT SUMMARY
MEETING DATE: December 3, 2002
SUBJECT: Resolution 02-83; Declaring the Intent of the City Council to Vacate a Public
Turnaround Easement in the Plat of Leslie Commons
RECOMMENDED MOTION:
Move to adopt Resolution 02-83, Declaring the Intent of the City Council to Vacate a Public Turnaround
Easement in the Plat of Leslie Commons.
EST. FISCAL ATTACHMENTS: NOTICED (Date):
IMPACT:
• Komarek Council
N/A Report dated .
11/19/02
STAFF COST: Ordinance no.:
N/A Resolution no.: 02-83
BUDGETED: Previous Council
consideration: none
FUNDING SOURCE:
I
C ENGINEER CO MUNITY DEVELOPMENT CITY MAcdr GER
// / DIRECTOR
///0252- "As(.z_ .27 Nov ,Date Date (l a L
Date
_ 15
H:\RUSS_C\STREET\VACATE\Leslie turnaround\res agenda.doc
OFLAKEos.,FCO
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: Resolution 02-83,Declaring the City's Intent to Vacate a Public Turnaround
Easement in the Plat of Leslie Commons
DATE: November 19, 2002
Action Requested
Staff requests that the City Council adopt Resolution 02-83.
Background
There is a paved public turnaround easement on the north side of Leslie Lane in the plat of Leslie
Commons. In 1996, Leslie Lane was approved as a stub street,provided that the developer constructed a
temporary turnaround in a public easement near the west end of the street. The easement is partially
located on Lot 4 and on a private open space tract, Tract B (see attached map). It was intended that this
turnaround would be eliminated when the abutting property to the west was developed, and constructed a
standard cul-de-sac. That cul-de-sac has now been constructed. The owner of Lot 4 has requested that the
City follow through with its intention by vacating the turnaround, thus freeing the owner of Lot 4 to
remove the pavement and landscape the area.
Discussion
This proposal is a housekeeping measure. There are no land use,transportation or utility issues associated
with this proposal.
Recommendation
Staff recommends that the public turnaround easement should be vacated under the city-initiated process
authorized by ORS 271-130.
Recommended Motion
Move to adopt Resolution 02-83, declaring the intent of the City Council to Vacate the Public Turnaround
Easement in the plat of Leslie Commons.
Attachments: Letter of request from Anthony Fisher and Beth Fry Fisher
Plat of Leslie Commons (portion)
Resolution 02-83
1 f�
LE 'L1E COMM UIV �'
__A.._.SUBDIVJ.SION IN THE N.W. 1/4, SECTION 4, TOWNSHIP 2 SOUTH, RANGE
CITY OF LAKE OSWEGO, CLACKAMAS COUNTY, OREGON SCALE 1" = 50'
I HEREBY CERTIFY THAT THIS TRACING IS A TRUE AND EXACT
«• THE OF 'LESUE CdAMONS'
N ' •' a per`.'
• N M. SON, P.LS.
Bec 7.3. /
�'o�q�9 o �F 30 25
160 is
4 T O isTO TRUE67 CORNER) S 8939'2Z110 '� 180 m
�34.00 �• . HE', 143.42 143.42 ' 50.00 m BLOCK 2
vo$Af/s 1--f--I
LOT 1
OU,,,O CQ ;, COUNTRY
G MAINTENANCEPUBUC I COMMONS
T 3 8 n x EASEMENT (PLAT NO. 2341)
a• < 141 Y049 S F. m `� LOT 2 - n ''
2 6' PUBUC UTIUTY EASEMENT 14,250 S.F. 8 i La
4
S 89'39'22 E N <`vl' uI
4: 0 2.5 5 • taa6m 6 8
N 16 16 <NC70 < N
'U �� NN U
�.,Is 0 S 89'39'22' E e�t I ''1 S 89'39'22' E Ff t W i z o n.
80
130.92 '� 130.92 �$rc
�" I i �s s o
.Q a w N ;C.7 P O
SY s m�� 1O LOT 4 S In S. W as N p 3 y LOT 10
n t` <
z V 0 13,772 S.F. I V I LOT 1 F }. I <
< 88 0 5' w I I.
'i`> 13,598 S.F. ri - m I Y
' PUBLIC Cl'`C�C3'�' n \4'� 0 IS I
Im
TURNAROUND 6' PUBUC �+� I P , P z a
30' ACCESS EASEMENT EASEMENT UTILITY �� S �FfN
PER DOCUMENT NO. NI ' EASEMENT Q�;" I� I a I � � lo N m°
79-27367 I N I/ N �,k1' ' it, /6' PUBLIC U11UTY E SEMENT
_ I 130.92-I �i` .-�} - - - �y,E 130.92---c 50.00
9 WOODMONT
I t - (PLAT NO. 306)
S 89'51'15' E n 0 1.5' PUBUC SIDEW EASEMEN N
155.33 I 1 -.N 177.42 203.42 -----
t•
0`1 ‘4' 8 36.94 0 LESUE LANE S 8951'15" W p 380.84 BASIS OF BEARINGS PER P.S. 25960 0 —
q(44.. • N a N 20 FOOT DEDICATION FOR ROADWAY PURPOSES PER DOCUMENT NO. 96-008053 N 0I I •
4,o y^Z. ; a 417.78
2 0 n p 20 20 LOT 9
o1/4 8 2 PRO POSED VACATION
( RESTRICTIONS (THESE CONDITIONS ARE JURISDICTIONAL AND NOT A PART OF THIS PLAT).
JADING CODES ARE FOR REFERENCES ONLY AND ARE NOT A PART OF THIS PLAT. CITY OF LAKE OSWEGO SETBACKS ARE AS FOLLOWS: FRONT
25 FEET, SIDE YARD 15 FEET. STREET SIDE YARD ARTERIAL AND COLLECTOR'S 20 FEET, LOCAL SiKttlb 15 FEET, REAR YARD 30 FEET, LOT
AGE OF 25% AND MAXIMUM BUILDING HEIGHT OF 28.00 PET. SAID BUILDING SETBACKS. LOT COVERAGE AND HEIGHT UMITATIONS REMAIN IN
7 FOR A PERIOD OF ONE YEAR FROM THE DATE OF RECORDING OF THIS PLAT. FOLLOWING THAT ONE YEAR PERIOD THE BUILDING SETBACKS.
)VERAG= AND HEIGHT LIMITATIONS OF' THE UNDERLYING ZONE IN EFFECT SHALL APPLY TO DEVELOPMENT OF EACH LOT.
OTS 1 THROUGH 4 ARE SOLAR LOTS, DEVELOPMENT OF STRUCTURES AND PLANTING OF NON-EXEMPT VEGETATION ON LOTS 1 THROUGH 4 SHALL
Y WITH THE SOLAR BALANCE POINT PROVISIONS OF THE SOLAR ACCESS ORDINANCE (LDC 57.06.050-57.06.090). THIS REQUIREMENT SHALL BE
G UPON THE APPUCANT AND THE SUBSEQUENT PURCHASERS OF LOTS 1 THROUGH 4.
RIVATE OPEN SPACES, TRACTS 'A' AND B . SHALL REMAIN IN THEIR NATURAL CONDITION FOR THE PURPOSE OF PROVIDING A SCENIC. AES—
APPEARANCE, PROTECTING NATURAL PROCESSES, PROVIDING PASSIVE RECREATION USES, AND MAINTAINING NATURAL VEGETATION. TREES MAY
MOVED ONLY AFTER THEY HAVE BEEN SHOWN TO BE HAZARDOUS BY A CERTIFIED PROFESSIONAL ARBOR'ST, AND AFTER A TREE CUTTING PERMIT
EEN OBTAINED FROM THE CITY. IMPROVEMENTS IN THESE AREAS, WHICH ARE IN KEEPING WITH THE ABOVE PURPOSE, MAY ONLY BE CONSTRUCTED
STALLED ONLY UPON APPROVAL BY THE CITY OF LAKE OSWEGO. NO BUILDINGS SHALL BE ALLOWED IN "THESE AREAS.
;MEET'S TREES PLANTED OUTSIDE STREET RIGHT OF WAY, WHICH CONFORM TO THE APPROVED CITY OF LAKE OSWEGO PLANTING PLAN, CAN ONLY
MOVED WITH PRIOR APPROVAL OF THE CITY OF LAKE OSWEGO.
1THIN AREAS LABELED 'VISION CLEARANCE', THERE SHALL BE NO FENCING. VEGETATION, PARKED CARS OR OTHER OBJECTS PLACED OR MAIN-
) WHICH ARE IN EXCESS OF 30 INCHES ABOVE THE LEVEL OF THE CENT-MUNE OF THE ADJACENT PAVEMENT.
19
flfl \I TY JR \/ YflR ' � n � Y
20 12901 o r9�
co 9
0
12923 FORE;
w o i w ca
1 o 13050
1 .i n w o 0
D CO CO
W N
w RI • !
N a) W to;
0 4. ;. N 13059 Q 13062 0 0 13131
�A E OS 39 Ix �o
a
'ACK MAS COUNT HOOD
ro N 13061 13080
�r`S4.
S 13330 13084 A
GOO DAL- 13079 13201
`Z~40 ru ro
ro 13340 13101 13092 A
co
cn
13209 _=r;._ Tr I
MBEf
13346 13211
i �
AMBER PLACE - 13240
13351 q� 13348 nMBER 305 13237 o- -T321�
�� (7�O 1640 COUNTRY COMMONS A
13561 13560 a, cn w
�� o o - o COUNTR
❑
13567 \ '
tib °'
1 13570 o o c :0Q A
o
13575 1655 13311 13322
m
13555 + 1677 w Cr' 13300
13580 13337 =0 13348
v13360
1688 m
•
• m tclz....j...4b1.,
�S` 1 13440
4. N Q-T 1 ON
', 13590 m A /
CLACKAMAS COUNTY �/ 13520
rri
CA
13595 13585
W _ 13600 13599ol
o 13612
3 r .� 1 13611 j 13615 IA
v�
13g00 Z
,3�0.
13501 Y 13680
13640 139p0•
13699
01 13700
et
p 136
13741
f l "c "
>9l 6 S ,. CLACKAMAS • 13781 2
w w _;A<E �S�EGQ 1A005 14p00
.i „ wm 14001 (1
0 o 0 13838 Y.
13701
0 o n q 1
DRIVE N_- ,aoy1 On f'` r� v
13888 GD 1.7 j+.
�84n 13881 .' 9 G 1�j , 3 . o
_, A N-' t,,., 96. 731
The Fishers
13311 Leslie Court
Lake Oswego, Oregon 97034
September 16,2002
Russell Chevette
Engineering Department
City of Lake Oswego
380 A Avenue
Lake Oswego OR 97034
Dear Mr. Chevette:
We are writing in regard to the lot we own at 13377 Leslie Court. We bought this property
in January and are landscaping it to blend with our residence next door at 13311 Leslie
Court.
The 13377 Leslie Court lot has a small city easement at its southwest corner, on Leslie Lane,
which dates from when the Leslie Commons area was subdivided. The easement was
required for fire truck turnaround, since there was no space at the western end of Leslie
Lane. Since then, a developer has built a cul-de-sac at the end of Leslie Lane,which
provides better emergency vehicle turnaround space than the little easement.
We would like to request that the City vacate this easement since it is no longer necessary.
Our intention is to incorporate the space into our landscaping by removing the asphalt,
extending the Leslie Lane sidewalk through the space, and planting trees and shrubs. This
will enhance the property values in the area by adding greenery and removing what has
become an occasional parking place.
What do we need to do to effect this change? Please let us know by writing to us at the
address above,phoning us at 503-675-1276 (days or evenings), or e-mailing us at
baffisher msn.com. Thank you for your assistance.
Very truly urs,
ii„._
9)/(/ K-
1/. 11,.
AnthonyH.Fisher Beth Fry Fisher
RECEWED
SEP 1 8 2002
CITY OF ' • 1VEGC
Engine-, - rtmeni
23
RESOLUTION 02-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO
DECLARING THE INTENT OF THE CITY COUNCIL TO VACATE A PUBLIC
TURNAROUND EASEMENT IN THE PLAT OF LESLIE COMMONS
WHEREAS, there is a public turnaround easement adjacent to Leslie Lane in the plat of Leslie Commons,
and
WHEREAS, the City of Lake Oswego has made a preliminary determination that the public turnaround
easement no longer needed for its intended purpose,now therefore
BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. Pursuant to the provisions of ORS 271.130, the City Council of the City of Lake Oswego does
hereby declare its intent to vacate the public interest in the"public turnaround easement"located on Lot 4
and Tract B in the plat of Leslie Commons.
Section 2. A public hearing shall be held upon this proposed vacation on the 21 S` day of January,
2003, at 6:00 p.m. in the City Council Chambers, located at 380 A Avenue in Lake Oswego.
Section 3. The City Recorder shall give notice of the proposed vacation and public hearing required by
ORS 271.110 by publishing a notice in the official city newspaper once each week for two(2)
consecutive weeks.
Section 4. The City Recorder, within five days after the first day of publication of the notice, shall cause
to be posted at or near each end of the street proposed to be vacated, a copy of the notice which shall be
headed"NOTICE OF STREET VACATION" and said notice shall be posted in at least two (2)
conspicuous places in the proposed vacation area. The posting and the first day of publication of such
notice shall not be less than 14 days before the hearing.
Considered and adopted at the regular Council meeting of the City of Lake Oswego held this 3rd day of
December, 2002
AYES:
NOES:
ABSTAIN:
ABSENT:
Judie Hammerstad,Mayor
ATTEST:
Robyn Christie, City Recorder
APPROVED AS TO FORM:
City Attorney's Office _ 2 5