Adopt Resolution to declare the intent of the City Council to vacate Worthington Street to allow for the widening of Laurel Street.

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1 TO: FROM: SUBJECT: Kent Studebaker, Mayor Members of the City Council Erica Rooney, PE, City Engineer Engineering Department Resolution Declaring the City s intent to Vacate Worthington Street, Dedicate City property to Right of Way and Accept Right of Way Swap to facilitate the widening of Laurel Street for the Laurel Street Pathway Project (WO 191) DATE: January 14, 2015 ACTION Adopt Resolution to declare the intent of the City Council to vacate Worthington Street to allow for the widening of Laurel Street. INTRODUCTION/BACKGROUND The Laurel Street Pathway (Work Order 191) is a City project intended to create a safe pedestrian route from Cornel Street to Hallinan along the south side of Laurel. The project also includes storm water infrastructure upgrades, a sidewalk on one side and a soldier pile retaining wall between Dyer Street and Hallinan that will facilitate a widening of this section of Laurel. In February of 2013 the City approved a design contract with KPFF to design the project. Since that time staff have engaged in an open house, neighborhood association meeting and several one on one homeowner meetings to gain feedback from local residents. From the beginning the city and design team were aware that acquiring right of way on Laurel between Dyer and Hallinan was a necessity. Referred to as the narrows, this section of Laurel will be widened from approximately 16 feet to 30 feet by constructing a soldier pile retaining wall on the north side of the street. After negotiations with property owners the design team is prepared to move forward with acquiring the necessary right of way A Avenue PO BOX 369 Lake Oswego, OR

2 Page 2 DISCUSSION Widening of Laurel Street to accommodate 11 foot travel lanes and a six foot sidewalk requires the acquisition of a strip of property between 12 feet and 25 feet in width between Dyer and Hallinan on the north side of Laurel. This will require a series of coordinated actions on the part of the City and adjacent property owners. In this case one of the adjacent properties is owned by the City. The necessary steps are graphically illustrated on the attachment (Exhibit 1) to this report. In summary, the following actions must occur before construction can begin: 1) The City must dedicate 2050 sq ft from 631 Laurel Street (Area 1) to right of way. Result: Laurel street right of way would be widened by approximately 12 feet between Worthington Street and Hallinan Street. 2) The City must vacate Worthington Street (Areas 2 & 3) between Laurel and Oak. Result: Half of the Worthington right of way (Area 2) will become part of 631 Laurel and the other half (Area 3) will become part of 710 Oak as they are the abutting properties. Area 3 would go to the abutting property only on the condition that the property owner dedicates 880 sq ft (Area 6) to the City. 3) The City will retain 896 sq ft of Worthington Street right of way (Areas 4 & 5) to accommodate the widening of Laurel Street. Result: Laurel Street right of way would be widened by approximately 12 feet over the width of Worthington Street. 4) The property owner at 710 Oak will dedicate 880 sq ft (Area 6) to City right of way. Result: Laurel Street will be widened by approximately 15 feet over the width of this property. 5) Under a separate action the city must purchase 1421 sq ft of property (Area 7) from 727 Laurel Street. Resolution will accommodate steps 1 through 3 as outlined above. It will authorize the City Manager to execute the steps and instruments necessary to move forward with the vacation and dedication necessary to widen Laurel Street for the Council approved project. ALTERNATIVES & FISCAL IMPACT 1) Deny the request to pursue vacating, dedicating and acquiring right of way. This will negatively impact the intent of the Laurel Street Pathway Project to create a safe A Avenue PO BOX 369 Lake Oswego, OR

3 pedestrian route from Cornell to Hallinan. This portion of project between Dyer and Hallinan will not be constructed. Page 3 2) Approve the request to pursue vacation, dedication and acquisition of right of way. This will allow the Council approved project to move forward on schedule. The fiscal impact to the City will be the purchase of property from 727 Laurel Street. However, this action is not contingent upon the vacation and dedication presented in this report. Staff will work with the City manager to negotiate the purchase price then present this matter under separate cover for further discussion with and approval by Council at a later date. RECOMMENDATION It is recommended that Council approve Resolution to set a hearing date for February 17, ATTACHMENTS 1. Resolution Laurel Street Pathway Right of Way Acquisition Exhibit A Avenue PO BOX 369 Lake Oswego, OR

4 Attachment 1 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO INITIATING VACATION PROCEEDINGS FOR A PORTION OF WORTHINGTON STREET AND TO DEDICATE A PORTION OF CITY- OWNED PROPERTY ON LAUREL STREET, AND AUTHORIZING THE CITY RECORDER TO GIVE NOTICE OF A PUBLIC HEARING. WHEREAS, the Laurel Street Pathway project has been identified as a needed project since 1997, when it was added to the Transportation System Plan; and WHEREAS, the project was included in the budget; and WHEREAS, on September 2, 2014, the City Council held a public hearing and approved initiation of the Laurel Street Pathway Project (Option 2A-Modified), which includes constructing a 6 wide sidewalk on the south side of Laurel Street between Hallinan Street and Dyer Street, road widening from ~16 feet to 22 feet, a soldier pile retaining wall on the north side and new storm water treatment facilities; and WHEREAS, Laurel Street intersects Worthington Street, and WHEREAS, the City of Lake Oswego has jurisdiction of the rights-of-way of Laurel Street and Worthington Street; and WHEREAS, Worthington Street is an unopened right-of-way because of the steep terrain at its intersection with Laurel Street; and WHEREAS, the City of Lake Oswego owns 631 Laurel Street, and the public would benefit from the dedication of a portion of 631 Laurel Street for the widening of Laurel Street to accommodate the Laurel Street Pathway Project, and WHEREAS, the rear portion of 710 Oak St. abuts Laurel Street; the public would benefit from a dedication of a portion of Laurel Street to accommodate the Laurel Street Pathway Project; and the property owner has stated his interest and willingness to dedicate the necessary Laurel Street right-ofway upon the contingency of vacating an abutting portion of Worthington Street; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The Council incorporates the above recitals. Section 2. Pursuant to ORS , the City Council hereby initiates vacation proceedings for the portion of Worthington Street abutting 631 Laurel Street (Area 2) and 710 Oak Street (Area 3), to its intersection with Laurel Street, in order to facilitate the widening of Laurel Street for the Laurel Street Pathway Project in the areas identified as Areas 1 and 6 respectively on the attached Exhibit 1. Section 3. The City Recorder shall give notice of public hearing to be held before the City Council upon the proposed vacation of Worthington St., and for the dedication of a portion of 631 Laurel St. for street purposes.

5 Section 4. This Resolution shall be effective upon passage. Considered and enacted at the regular Council Meeting of the City of Lake Oswego held on the 20 h day of January, AYES: NOES: EXCUSED: ABSTAIN: Kent Studebaker, Mayor ATTEST: Catherine Schneider, City Recorder APPROVED AS TO FORM: David Powell, City Attorney

6 OAK STREET AREA 3 3,678 sq. ft. +/vacation to property owner 710 Oak Street AREA 2 3,048 sq. ft. +/vacated to City property WORTHINGTON STREET Attachment Laurel Street AREA sq. ft. +/of acquisition T L EL R AU AREA 1 2,050 sq. ft. +/dedicated to Laurel St. ROW EE R T S 727 Laurel Street AREA 7 1,421 sq. ft. +/of acquisition AREA sq. ft. +/remains ROW AREA sq. ft. +/remains ROW Laurel St. Pathway Right-of-Way Acquisition Exhibit KPFF 1/14/2015 Scale: 1"=20'