From: Mac Corthell

Sent: Tue Nov 17 07:43:27 2020

To: DANIELSON Marah B

Cc: Gerald Fisher; Dan Zinder; TAYAR Abraham * Avi; RODRIGUEZ Myriam * Marcela; BOLEN Glen A

Subject: RE: Yaw Partition

Importance: Normal

Hi Marah,

Thank you for the information! Having come into this role in the middle of this action, I now feel confident in my understanding of the various moving parts. I did not speak to legal counsel on the issue of conditioning development because I fully agree that the rough proportionality of exactions requirement would not be met with a condition to develop the frontage of parcels 1 and 2 when parcel 1 develops. Instead I am speaking to the owner and have advised him that a development agreement will be required for parcel 2, and we will condition parcel 1 appropriately, or the city will not be able to accept the dedication.

We should be able to complete the dedication as part of the final plat, but if not we will just draw up a deed instrument. I’ll find out from the County what they’re willing to accept. As for the easement and any other conditions, we’ll ensure those become part of the final plat and that they understand no occupancy will be granted until the full tractor supply highway access improvements are complete. Thank you again, Marah and We’ll talk to you tomorrow.

-Mac

Macahan “Mac” Corthell, J.D. | Planning Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Phone - 503.829.6855

Fax – 503.829.3676

Email – mcorthell@cityofmolalla.com

Website – http://www.cityofmolalla.com

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From: DANIELSON Marah B <Marah.B.DANIELSON@odot.state.or.us>

Sent: Monday, November 16, 2020 5:41 PM

To: Mac Corthell <mcorthell@cityofmolalla.com>

Cc: Gerald Fisher <gfisher@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>; TAYAR Abraham * Avi <Abraham.TAYAR@odot.state.or.us>; RODRIGUEZ Myriam * Marcela <Marcela.RODRIGUEZ@odot.state.or.us>; BOLEN Glen A <Glen.A.BOLEN@odot.state.or.us>

Subject: Yaw Partition

Hi Mac,

I had the opportunity to discuss the Yaw partition with the ODOT project team for the Tractor Supply highway improvements and our development review team. Through the Tractor Supply project, they have identified the amount of right of way that is needed from the Yaw property for both the Tractor Supply as well as the bike lane and sidewalk improvements along proposed parcels 1 and 2 as shown on the Yaw partition. The project team will be providing me with the dimensions this week so ODOT can recommend the r/w donation, utility/slope easement and construction easement as part of the partition.

As we discussed last week, ODOT has concerns that by creating the two parcels as shown on the partition that the city will not be able to require the bike lane and sidewalk improvements along parcel 2 when parcel 1 develops. I am attaching the conditions of approval that Gerald sent which try to address this concern. I don’t know whether the city can place this condition on the partition which will ensure that the frontage improvements are constructed. I was wondering whether you had an opportunity to discuss this with city legal counsel.

Also, it is my understanding that the applicant intends to give parcel 2 to the city but I wasn’t sure whether that could be done as part of recording the plat. Parcel 2 should have an access easement to the access road that is shared with the Tractor Supply should be required as a condition of the land use decision.

We understand that the partition is being done to facilitate the sale of parcel 1. Since parcel 1 shares an access easement with the Tractor Supply, all the roadway improvements for the full highway access will need to be constructed before occupancy of a development on this property. It will likely be a few years before Tractor Supply completes these improvements.

Marah Danielson, Senior Planner

ODOT Development Review Program

Marah.b.danielson@odot.state.or.us

503.731.8258