From: Gerald Fisher
Sent: Mon May 18 12:36:42 2020
To: Dan Zinder
Cc: Alice Cannon; Dan Huff; Sam Miller; Christie DeSantis (Molalla)
Subject: RE: Have we gotten feedback from DH regarding house design on the Eckerd properties
Importance: Normal
Attachments: PUBLIC HEARING NOTICE CITY OF MOLALLA CITY COUNCIL.docx; Thanks Dan. When ready shoot your letter to Alice and I for review. The vacation process will be done by and Ordinance. Here is what we went through on the Dixon Avenue vacation. I have included Christie because once we get this up and running, there are some things we need to do. I’ve included a notice that was used on Dixon so we don’t have to reinvent the wheel. Thanks. According to ORS 271.130(1) the City Council can initiate vacation proceedings authorized by ORS 271.080 (Vacation in incorporated cities) without a petition or consent of the property owners. Notice has to be given in accordance with ORS 271.110 (Notice of hearing) prior to the hearing date. No vacation can happen prior to the hearing date or if owners of a majority of the area effected per 271.080 object in writing. Here is what 271.130 says: (1) The city governing body may initiate vacation proceedings authorized by ORS 271.080 (Vacation in incorporated cities) and make such vacation without a petition or consent of property owners. Notice shall be given as provided by ORS 271.110 (Notice of hearing), but such vacation shall not be made before the date set for hearing, nor if the owners of a majority of the area affected, computed on the basis provided in ORS 271.080 (Vacation in incorporated cities), object in writing thereto, nor shall any street area be vacated without the consent of the owners of the abutting property if the vacation will substantially affect the market value of such property, unless the city governing body provides for paying damages. Provision for paying such damages may be made by a local assessment, or in such other manner as the city charter may provide. (2) Two or more streets, alleys, avenues and boulevards, or parts thereof, may be joined in one proceeding, provided they intersect or are adjacent and parallel to each other. (3) No ordinance for the vacation of all or part of a plat shall be passed by the governing body until the city recording officer has filed in the office of the city recording officer or indorsed on the petition for such vacation a certificate showing that all city liens and all taxes have been paid on the lands covered by the plat or portion thereof to be vacated. (4) Any property owner affected by the order of vacation or the order awarding damages or benefits in such vacation proceedings may appeal to the circuit court of the county where such city is situated in the manner provided by the city charter. If the charter does not provide for such appeal, the appeal shall be taken within the time and in substantially the manner provided for taking an appeal from justice court in civil cases. [Amended by 1995 c.658 §101] The notice must be published twice in the local newspaper and at the ends of the street in a conspicuous location per 271.110 (Notice of hearing). The actual requirements are as follows: (1) The city recorder or other recording officer of the city shall give notice of the petition and hearing by publishing a notice in the city official newspaper once each week for two consecutive weeks prior to the hearing. If no newspaper is published in such city, written notice of the petition and hearing shall be posted in three of the most public places in the city. The notices shall describe the ground covered by the petition, give the date it was filed, the name of at least one of the petitioners and the date when the petition, and any objection or remonstrance, which may be made in writing and filed with the recording officer of the city prior to the time of hearing, will be heard and considered. (2) Within five days after the first day of publication of the notice, the city recording officer shall cause to be posted at or near each end of the proposed vacation a copy of the notice, which shall be headed, Notice of Street Vacation, Notice of Plat Vacation or Notice of Plat and Street Vacation, as the case may be. The notice shall be posted in at least two conspicuous places in the proposed vacation area. The posting and first day of publication of such notice shall be at least 14 days before the hearing. (3) The city recording officer shall, before publishing such notice, obtain from the petitioners a sum sufficient to cover the cost of publication, posting and other anticipated expenses. The city recording officer shall hold the sum so obtained until the actual cost has been ascertained, when the amount of the cost shall be paid into the city treasury and any surplus refunded to the depositor. [Amended by 1991 c.629 §1; 2005 c.22 §196] The public hearing in accordance with 271.120 (Hearing) At the time fixed by the governing body for hearing the petition and any objections filed thereto or at any postponement or continuance of such matter, the governing body shall hear the petition and objections and shall determine whether the consent of the owners of the requisite area has been obtained, whether notice has been duly given and whether the public interest will be prejudiced by the vacation of such plat or street or parts thereof. If such matters are determined in favor of the petition the governing body shall by ordinance make such determination a matter of record and vacate such plat or street; otherwise it shall deny the petition. The governing body may, upon hearing, grant the petition in part and deny it in part, and make such reservations, or either, as appear to be for the public interest. The areas vacated will be distributed equally between the property owners in accordance with 271.140 (Title to vacated areas) and go back on the tax rolls if not already done. The title to the street or other public area vacated shall attach to the lands bordering on such area in equal portions; except that where the area has been originally dedicated by different persons and the fee title to such area has not been otherwise disposed of, original boundary lines shall be adhered to and the street area which lies on each side of such boundary line shall attach to the abutting property on such side. If a public square is vacated the title thereto shall vest in the city. [Amended by 1981 c.153 §58] Certified copies of the vacation will then be filed with the County assessor and County surveyor per 271.150 (Vacation records to be filed) A certified copy of the ordinance vacating any street or plat area and any map, plat or other record in regard thereto which may be required or provided for by law, shall be filed for record with the county clerk. The petitioner for such vacation shall bear the recording cost and the cost of preparing and filing the certified copy of the ordinance and map. A certified copy of any such ordinance shall be filed with the county assessor and county surveyor. The documents will also be recorded at the county in accordance with 271.230 (Record of vacations) (1) If any town or plat of any city or town is vacated by a county court or municipal authority of any city or town, the vacation order or ordinance shall be recorded in the deed records of the county. Whenever a vacation order or ordinance is so recorded, the county surveyor of such county shall, upon a copy of the plat that is certified by the county clerk, trace or shade with permanent ink in such manner as to denote that portion so vacated, and shall make the notation Vacated upon such copy of the plat, giving the book and page of the deed record in which the order or ordinance is recorded. Corrections or changes shall not be allowed on the original plat once it is recorded with the county clerk. (2) For recording in the county deed records, the county clerk shall collect the same fee as for recording a deed. For the services of the county surveyor for marking the record upon the copy of the plat, the county clerk shall collect a fee as set by ordinance of the county governing body to be paid by the county clerk to the county surveyor. [Amended by 1971 c.621 §31; 1975 c.607 §31; 1977 c.488 §2; 1979 c.833 §30; 1999 c.710 §12; 2001 c.173 §5] Regards, Gerald Fisher, P.E. | Public Works Director City of Molalla 117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038 Office: 503.829.6855 | Direct: 503.759.0218 CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you. From: Dan Zinder <dzinder@cityofmolalla.com> Sent: Monday, May 18, 2020 12:26 PM To: Gerald Fisher <gfisher@cityofmolalla.com> Cc: Alice Cannon <acannon@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>; Sam Miller <smiller@cityofmolalla.com> Subject: RE: Have we gotten feedback from DH regarding house design on the Eckerd properties Gerald, Alice spoke to Dan this morning and the tiebreaker is in We will not be requiring Mr. Bell to orient his properties towards the alley and will pursue vacation. I will contact Ray and let him know that his original designs will work for review, less one water/sewer lateral each. A next step is to contact the abutting owners on Eckerd and let them know that we are exploring vacation of the Eckerd alley between 2nd and 3rd STs. A situation where abutting owners will each gain’ half the alley width (6.75 ft. ) Sam and I can work on that letter this week. Best, Dan Zinder 503.759.0226 From: Dan Zinder Sent: Friday, May 15, 2020 11:14 AM To: Alice Cannon <acannon@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com> Cc: Gerald Fisher <gfisher@cityofmolalla.com> Subject: RE: Have we gotten feedback from DH regarding house design on the Eckerd properties DH – If you have a moment today, can we touch base for a few regarding a question that came up for two duplex designs on Eckerd ST. If not, it can wait until Monday when Alice returns. In short – an applicant wants to build duplexes on two parcels that abut a rear alley on Eckerd Ave and has submitted initial designs. In this case, abutting neighbors have encroached on the alleys with new fencing/belongings. Our development code requires that the house accesses orient towards the alleys. We can require them to move their stuff. However, I know Gerald has pushed towards vacation, which is another option to pursue here. These applications bring the question of what to do with the alleys/how to proceed with the applicant to the forefront. Best, Dan Zinder 503.759.0226