File #: 23-440    Version: 1
Type: Resolution Status: Agenda Ready
In control: City Council
On agenda: 12/4/2023 Final action: 12/4/2023
Title: Dedication of Reserve Strip Tract "A" Of Battle Creek Heights No. 2 as Public Right-Of-Way Ward(s): Ward 4 Councilor(s):Deanna Gwyn Neighborhood(s): South Gateway Result Area(s): Safe, Reliable and Efficient Infrastructure
Attachments: 1. Resolution No. 2023-37.pdf, 2. Location Map (Exhibit A).pdf
Related files:

TO:                      Mayor and City Council   

THROUGH:                      Keith Stahley, City Manager   

FROM:                      Brian D. Martin, PE, Public Works Director  

                                          

SUBJECT:

title

 

Dedication of Reserve Strip Tract “A” Of Battle Creek Heights No. 2 as Public Right-Of-Way    

 

Ward(s): Ward 4    

Councilor(s):Deanna Gwyn  

Neighborhood(s):  South Gateway    

Result Area(s): Safe, Reliable and Efficient Infrastructure

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SUMMARY:

summary

 

Landon Street SE is being extended south as part of the Reserve at Battlecreek subdivision, approved by Planning Case No. SUB-ADJ21-04. It is necessary to dedicate the reserve strip as public right-of-way to allow access to the proposed Landon Street SE extension.    

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ISSUE:

 

Shall City Council adopt Resolution No. 2023-37 to dedicate the reserve strip identified as Tract “A” of Battle Creek Heights No. 2 as public right-of-way? 

 

 

RECOMMENDATION:

recommendation

 

Adopt Resolution No. 2023-37 to dedicate the reserve strip identified as Tract “A” of Battle Creek Heights No. 2 as public right-of-way.   

 

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FACTS AND FINDINGS:

 

It was a common City practice to reserve a one-foot strip of land at the termination of or along the side of a street when developing a property. These strips were not dedicated as public right-of-way and are owned by the City until the adjacent land receives the appropriate planning approval to develop the property.

1.                     A one-foot reserve strip described as Tract “A”, Battle Creek Heights No. 2, Volume 45, Page 3, Marion County Book of Town Plats, was conveyed to the City of Salem with a Warranty Deed, Reel 2258, Page 411, Marion County Deed Records.  The reserve strip is depicted on Exhibit A of Resolution No. 2023-37. 

2.                     The reserve strip lies at the south terminus of Landon Street SE.

3.                     The land is owned by the City of Salem.

4.                     Landon Street SE is being extended south as part of the Reserve at Battlecreek subdivision, approved by Planning Case No. SUB-ADJ21-04.   

 

BACKGROUND:

 

 Public rights-of-way are generally strips of land given to the public for specific uses such as roadways, bridges structures, and public utilities.  They are available for use by the public at large and are administered by jurisdictions such as a City, County, or State.  Most streets in Salem are public rights-of-way and are controlled by the City.  Some streets such as Wallace Road NW and portions of Mission Street SE are also public rights-of-way; however, they are mostly controlled by the Oregon Department of Transportation.  There are also private streets in the City such as Creekside Drive SE which are not public rights-of-way. 

                     Allen Dannen, PE  

                     City Engineer    

 

Attachments:

1. Resolution No. 2023-37

2. Location Map (Exhibit A)