File #: 22-188    Version: 1
Type: Resolution Status: Agenda Ready
In control: City Council
On agenda: 5/9/2022 Final action: 5/9/2022
Title: Initiating a Class 2 vacation of three easements adjacent to Reed Road SE at its intersections with Strong Road SE and Lindburg Road SE. Ward(s): 3 Councilor(s): Phillips Neighborhood(s): Morningside Result Area(s): Safe, Reliable, and Efficient Infrastructure
Attachments: 1. Resolution No. 2022-25 with Exhibits, 2. Vicinity Map
Related files:

TO:                      Mayor and City Council   

THROUGH:                      Kristin Retherford, Interim City Manager   

FROM:                      Peter Fernandez, PE, Public Works Director  

                                          

SUBJECT:

title

 

Initiating a Class 2 vacation of three easements adjacent to Reed Road SE at its intersections with Strong Road SE and Lindburg Road SE.  

 

Ward(s): 3    

Councilor(s): Phillips  

Neighborhood(s):  Morningside  

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

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SUMMARY:

summary

 

Street improvements are being constructed on Reed Road SE in the vicinity of Strong Road SE and Lindburg Road SE associated with a residential development project. Three existing easements are located within the area needed for the roadway improvement. The easements must be vacated in order for the property owner to dedicate the improved street to the City as public right-of-way. 

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ISSUE:

 

Shall City Council adopt Resolution No. 2022-25, initiating vacation of three easements adjacent to Reed Road SE at its intersections with Strong Road SE and Lindburg Road SE?   

 

 

RECOMMENDATION:

recommendation

 

Adopt Resolution No. 2022-25, initiating vacation of three easements adjacent to Reed Road SE at its intersections with Strong Road SE and Lindburg Road SE.    

 

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FACTS AND FINDINGS:

 

1.  Per Oregon Revised Statute 271.130, a city governing body may initiate a right-of-way vacation proceeding.

 

2.  Per Salem Revised Code (SRC) 266.065(b)(1)(B), a vacation initiated by the City is a Class 2 Vacation.  A Class 2 Vacation is initiated by resolution of the City Council.

 

3.  Resolution No. 2022-25 (Attachment 1) initiates the vacation of two public utility easements and one public sidewalk easement described in Exhibits A-1 through A-3 and Exhibits B-2 through B-3 of Resolution No. 2022-25.

 

4.  Upon approval of Resolution 2022-25, a public hearing date will be set and notice of the hearing will be provided as required by SRC 255.065(b)(5).

 

5.  The criteria for approving vacation of right-of-way are contained in SRC 255.065(b)(6) and will be reviewed by Council at the public hearing.

   

BACKGROUND:

 

Street improvements are being constructed on Reed Road SE in the vicinity of Strong Road SE and Lindburg Road SE as part of a residential development project (The Grove Apartments). The City has expanded the scope of street and utility improvements and is working with the developer on the road improvement project through cost-sharing with City-controlled Development District Funds. Three existing easements are located within the area that are needed for the roadway improvement (see Attachment 2, Vicinity Map). These easements are located within areas that will be dedicated to the City as public right-of-way. The vacation is necessary because the City cannot accept dedication of right-of-way that is encumbered with easements.

 

 

                     Robert D. Chandler, PhD, PE     

                     Assistant Public Works Director

 

Attachments:

1. Resolution No. 2022-25

3. Vicinity Map