From: Mac Corthell
Sent: Wed Oct 28 07:52:21 2020
To: Gerald Fisher
Subject: FW: Ona Way ROW Dedication
Importance: Normal
Attachments: image001.png; image002.png; Surveyor Map of Ona_10-27-2020.pdf; Street Dedication to Molalla.pdf; I’d like to discuss this briefly at our 10am if possible. 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 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: Spencer Vetter <spencer@staffordlandcompany.com> Sent: Tuesday, October 27, 2020 2:25 PM To: Mac Corthell <mcorthell@cityofmolalla.com>; Bryan Cavaness <bryan@staffordlandcompany.com> Cc: Spencer Parsons (spencer@gov-law.com) <spencer@gov-law.com> Subject: RE: Ona Way ROW Dedication Good afternoon Mac, Attached is the map exhibit from the surveyor. It includes the three utility easements, the ODOT ROW including the Ona Lane to the south, the ODOT ROW PUE, and the future Ona Way dedication. The future centerline of Ona Way extends down into the existing Ona Lane. The distance from that extended line and the western boundary of Ona Lane is 24.79 feet. I have also include the instrument used to dedicate 3’ of ROW to the City of Molalla across Tax Lots 8701, 8702, and 8703. Let us know what you think. Spencer Vetter | Development Assistant 8840 SW Holly Lane, Wilsonville, OR 97070 spencer@staffordlandcompany.com mobile 503.820.1033 From: Mac Corthell <mcorthell@cityofmolalla.com> Sent: Monday, October 26, 2020 10:40 AM To: Bryan Cavaness <bryan@staffordlandcompany.com>; Spencer Vetter <spencer@staffordlandcompany.com> Cc: Spencer Parsons (spencer@gov-law.com) <spencer@gov-law.com> Subject: RE: Ona Way ROW Dedication Thank you for the update. 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 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: Bryan Cavaness <bryan@staffordlandcompany.com> Sent: Monday, October 26, 2020 9:40 AM To: Mac Corthell <mcorthell@cityofmolalla.com>; Spencer Vetter <spencer@staffordlandcompany.com> Cc: Spencer Parsons (spencer@gov-law.com) <spencer@gov-law.com> Subject: RE: Ona Way ROW Dedication We received a draft document from the surveyor this morning. Unfortunately, he did not include reference points for the western edge of the ROW or the centerline for the south leg of Ona Way. We have asked him to revise the drawing to include this information and will provide you with an estimated delivery time when we hear back. Bryan Cavaness Land Development Manager 8840 SW Holly Lane Wilsonville, Oregon 97070 CCB No. 203562 Office: 503.908.8390 Mobile: 503.332.6699 E-Mail: bryan@staffordlandcompany.com staffordlandcompany.com | staffordhomesandland.com CONFIDENTIALITY NOTICE: The information transmitted by this Email is intended only for the person(s) and/or entity to which it is addressed. This Email may contain material that is proprietary, confidential, privileged, and/or otherwise exempt from disclosure. If you are not the intended recipient of this message, you are advised that any retention, use, review, retransmission, distribution, reproduction or any action taken in reliance upon the contents of this transmission are strictly prohibited. If you received this Email transmission in error, please contact the sender and delete the material from all computers. From: Mac Corthell <mcorthell@cityofmolalla.com> Sent: Wednesday, October 21, 2020 10:49 AM To: Bryan Cavaness <bryan@staffordlandcompany.com>; Spencer Vetter <spencer@staffordlandcompany.com> Cc: Spencer Parsons (spencer@gov-law.com) <spencer@gov-law.com> Subject: RE: Ona Way ROW Dedication Awesome! Thank you, Bryan. 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 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: Bryan Cavaness <bryan@staffordlandcompany.com> Sent: Wednesday, October 21, 2020 10:18 AM To: Mac Corthell <mcorthell@cityofmolalla.com>; Spencer Vetter <spencer@staffordlandcompany.com> Cc: Spencer Parsons (spencer@gov-law.com) <spencer@gov-law.com> Subject: RE: Ona Way ROW Dedication I spoke with KLS this morning and they will draft a new exhibit for your review that includes the materials you referenced below. KLS will do their best to provide the drawing to us early next week. Bryan Cavaness General Counsel Land Development Manager 8840 SW Holly Lane Wilsonville, Oregon 97070 CCB No. 203562 Office: 503.908.8390 Mobile: 503.332.6699 E-Mail: bryan@staffordlandcompany.com staffordlandcompany.com | staffordhomesandland.com CONFIDENTIALITY NOTICE: The information transmitted by this Email is intended only for the person(s) and/or entity to which it is addressed. This Email may contain material that is proprietary, confidential, privileged, and/or otherwise exempt from disclosure. If you are not the intended recipient of this message, you are advised that any retention, use, review, retransmission, distribution, reproduction or any action taken in reliance upon the contents of this transmission are strictly prohibited. If you received this Email transmission in error, please contact the sender and delete the material from all computers. From: Mac Corthell <mcorthell@cityofmolalla.com> Sent: Tuesday, October 20, 2020 4:10 PM To: Bryan Cavaness <bryan@staffordlandcompany.com>; Spencer Vetter <spencer@staffordlandcompany.com> Cc: Spencer Parsons (spencer@gov-law.com) <spencer@gov-law.com> Subject: Ona Way ROW Dedication Hi Bryan and Spencer, I’ve discussed the documentation submitted with our Public Works Director who has ultimate authority to approve the legal description prior to acceptance by the City Manager. First, thank you for providing the recorded easements, these have been added to your file. You have stated that the only documentation you are willing to provide is what you have already provided: a legal description and associated exhibit map. With that said, the city may accept the legal description and exhibit map submitted, but will require a stamped survey showing the items listed below in order to ensure proper dedication of the ROW. The city is not willing at this juncture to expend the resources required to reconcile the various easements and ROW surveys without one comprehensive survey to ensure accuracy and propriety on the front end. This is a relatively small ask as the surveyor of record for all easements and the ROW dedication is the same and should be able to quickly combine them, then add the additional items requested. I’ve had occasion to review the settlement agreement at play between Stafford and the city and think it incumbent to point out that it is not being honored by Stafford. First, the ROW was to be dedicated before July 31, 2020 and that has not occurred. Second, Stafford has expressed that their recording of the ROW is contingent upon some other land use approval by the city, this is not part of the agreement. With Stafford now in breach of the settlement agreement, there can be no more negotiation on this issue. There is a path forward from here, but not without some cooperation. The city simply needs a survey showing the items below in order to appropriately review the ROW dedication. If this cannot be provided, I fear we’ve reached an impasse. The Public Works Department will require a stamped survey showing the following:
Once the city has the mentioned survey, we can review the ROW dedication, associated title report, legal description, and exhibit map for approval. Please advise whether you intend to provide the requested documentation.
Sincerely,
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
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.