FW: Hezzie Lane Subdivision LAND DONATION PAPER WORK?

From: Gerald Fisher

Sent: Sat Feb 10 13:58:35 2018

To: Aldo Rodriguez

Cc: Dan Huff

Subject: FW: Hezzie Lane Subdivision LAND DONATION PAPER WORK?b Importance: Normal

Attachments: image001.jpg;

Aldo,

I recommend you defer all questions about the process to ODOT and stay out of it. We can require the ROW dedication thru their process when on state highway. We will end up having the PUE dedicated to us. I will make a note in my generic conditions of approval. If there are any planning approvals out there that haven’t gone thru the process then you probably should put together a general notification letter and send it out to all representatives of development.

From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]

Sent: Saturday, February 10, 2018 1:54 PM

To: BROOKING Joshua C <Joshua.C.BROOKING@odot.state.or.us>; KIEFFER Loretta L <Loretta.L.KIEFFER@odot.state.or.us>

Cc: TAYAR Abraham * Avi <Abraham.TAYAR@odot.state.or.us>; Dan Huff (Molalla) <dhuff@cityofmolalla.com>; Aldo Rodriguez (Molalla) <arodriguez@cityofmolalla.com>

Subject: RE: Hezzie Lane Subdivision LAND DONATION PAPER WORK?

Thanks Joshua. This explains it much better so when the question comes up from the development community we can point them in the right direction early on.

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: BROOKING Joshua C [mailto:Joshua.C.BROOKING@odot.state.or.us]

Sent: Thursday, February 08, 2018 4:08 PM

To: Gerald Fisher <gfisher@cityofmolalla.com>; KIEFFER Loretta L <Loretta.L.KIEFFER@odot.state.or.us>

Cc: TAYAR Abraham * Avi <Abraham.TAYAR@odot.state.or.us>; Dan Huff (Molalla) <dhuff@cityofmolalla.com>; Aldo Rodriguez (Molalla) <arodriguez@cityofmolalla.com>; BROOKING Joshua C <Joshua.C.BROOKING@odot.state.or.us>

Subject: RE: Hezzie Lane Subdivision LAND DONATION PAPER WORK?

Hi Gerald,

I’ve had a couple conversations over the past few days with our Region 1 HQ and Salem HQ Right-of-Way folks regarding Subdivision Plat Dedication versus Fee Simple Donation.

The authority for right-of-way acquisition is established in ORS366.320, which also includes acquiring right-of-way through “donation.” See the ORS section here. In the discussion, I’m not sure if there is much of a difference between a dedication through subdivision plat and a dedication of permanent easement (deeded) but there is a difference between dedication and fee simple interest. Dedication is a lesser property right than fee simple ownership and is inconsistent with how ODOT purchases ROW along corridors. Dedication to the Public is not fee simple since “The Public” is not an entity. Fee simple has to be conveyed to an entity that signs and accepts etc. ODOT Right-of-Way also provided the information below about why the fee simple donation is how we accept right-of-way conveyance.

* ODOT has statutory authority to acquire rights of way deemed necessary for our highway and have determined that fee simple ownership best meets our obligation to the Highway Trust Fund to have full right and control for the benefit of the highway.
* Dedication is a lesser property right than fee simple ownership and is inconsistent with how we will purchase future ROW along that corridor. If developers dedicate property to the public (rather than deed it to ODOT) it creates a patchwork of ownership which will cause ODOT problems if we ever realign the roadway or have other needs to surplus property in that area.
* Dedication through plat circumvents our hazmat investigation process, which means that we could get stuck with problems later on.
* Dedication through plat circumvents ODOT’s negotiation process where we would check the area to make sure there aren’t any existing encroachments (fences, signs, etc.) in the donation area that need to be resolved.
* Dedications through plat do not get updated on our ROW maps and which will compromise any ROW research in that area in the future.

Let me know if you need anything else! Thanks!

Josh

Joshua Brooking

Planner

Region 1, Planning

Oregon Department of Transportation

503.731.3049

joshua.c.brooking@odot.state.or.us

From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]

Sent: Monday, February 05, 2018 8:47 AM

To: KIEFFER Loretta L; BROOKING Joshua C

Cc: TAYAR Abraham * Avi; Dan Huff (Molalla); Aldo Rodriguez (Molalla)

Subject: RE: Hezzie Lane Subdivision LAND DONATION PAPER WORK?

Hi Loretta,

Good to know. Aldo and I can let the developers know at the pre-application meeting that they need to have someone process that paperwork who knows what is required to limit the back and forth. Thanks Loretta. We will also wait to hear back from Joshua and the ROW folks on the subdivision question regarding a fee dedication or not by subdivision plat.

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

From: KIEFFER Loretta L [mailto:Loretta.L.KIEFFER@odot.state.or.us]

Sent: Monday, February 05, 2018 8:39 AM

To: 'Gerald Fisher' <gfisher@cityofmolalla.com>; BROOKING Joshua C <Joshua.C.BROOKING@odot.state.or.us>

Cc: TAYAR Abraham * Avi <Abraham.TAYAR@odot.state.or.us>; Dan Huff (Molalla) <dhuff@cityofmolalla.com>; Aldo Rodriguez (Molalla) <arodriguez@cityofmolalla.com>

Subject: RE: Hezzie Lane Subdivision LAND DONATION PAPER WORK?

It does take a long time to process the land donation at ODOT. And 99% of the time it is because the developer does not provide the information required to process as indicated on the attached documents.

From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]

Sent: Friday, February 02, 2018 8:51 AM

To: BROOKING Joshua C

Cc: TAYAR Abraham * Avi; Dan Huff (Molalla); KIEFFER Loretta L; Aldo Rodriguez (Molalla)

Subject: RE: Hezzie Lane Subdivision LAND DONATION PAPER WORK?

Hi Joshua,

I have a question. If the public right of way is dedicated thru a subdivision plat at the County Surveyors Office and that dedication is not an easement on the plat but a dedication of right of way that transfers to the public is that not considered by ODOT Right of Way as a Fee Simple transfer of property? I ask this because nowhere on the subdivision plat does it state easement, permanent or otherwise.

This is very important because it will have statewide affects for all local and county agencies as well as developer because we, at an agency level, won’t be able to review and approve a subdivision plat until the dedication you are talking about is completed. I hope ROW is staffed to process these quickly. If not, the development community and ODOT will be at odds and it will go political. Please understand I don’t have a dog in this fight but I see this as a huge problem for ODOT that will blow up in its face when they have an impact that slows economic development because ODOT can process paperwork in a timely manner. I point to 18 years of dealing with ODOT’s inability to process IGA’s in a timely manner as an example. Again, no dog in the fight.

I will check in with Aldo Rodriguez, Community Planner and find out why ODOT was not invited to the pre-application meeting or if they were who it went to so we make sure nothing falls thru the cracks. My understanding is we always invite ODOT when the project fronts or impacts your roadways. Aldo or I will get back to you on this. He has been battling the crud and may be in later this morning.

Thanks for the detail below. It will help us warn the developer at the pre-app process and make any necessary changes to our review timeline for subdivision plats. Once I hear back from you on the question above I will convey the changes in our process in writing to the County Surveyor.

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

From: BROOKING Joshua C [mailto:Joshua.C.BROOKING@odot.state.or.us]

Sent: Thursday, February 01, 2018 6:31 PM

To: Gerald Fisher <gfisher@cityofmolalla.com>

Cc: TAYAR Abraham * Avi <Abraham.TAYAR@odot.state.or.us>; Dan Huff (Molalla) <dhuff@cityofmolalla.com>; KIEFFER Loretta L <Loretta.L.KIEFFER@odot.state.or.us>; BROOKING Joshua C <Joshua.C.BROOKING@odot.state.or.us>

Subject: RE: Hezzie Lane Subdivision LAND DONATION PAPER WORK?

Gerald,

We met with Loretta last week to discuss ongoing land use and permit reviews in the Maintenance District 2C boundary. She forwarded your email below and I hope to answer your questions and address your concerns.

The ODOT directive for fee simple land donations comes from ODOT’s Right-of-Way Manual, specifically Chapter 5.322, Developer Mitigation Donation—I’ve attached the excerpt to this email. In general, we convey this requirement and anticipated timeframe of review at the time of pre-application and formal land use review (see the attached and highlighted language for this specific case). I do note that we were not invited to this development’s pre-application meeting and were only notified at the time of formal submission. We generally advise that donations can take up to three (3) months to complete. If the applicant has prepared and has all the necessary materials (see attached ODOT Developer Donation Application), we have seen reviews and donations complete within a month or so.

As always, with advanced notice, we are happy to attend any pre-application meeting for any development that affects the State highway to address requirements and processes. The earlier we are involved, the better we can communicate with developers to achieve the City’s transportation system vision and goals within ODOT’s existing framework and processes.

We are more than happy to meet and discuss further, if needed. If I’ve missed a specific topic that you’d like clarification on or have additional comments, please let me know!

Cheers!

Josh

Joshua Brooking

Planner

Region 1, Planning

Oregon Department of Transportation

503.731.3049

joshua.c.brooking@odot.state.or.us

From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]

Sent: Tuesday, January 16, 2018 1:19 PM

To: KIEFFER Loretta L

Cc: TAYAR Abraham * Avi; Dan Huff (Molalla)

Subject: RE: Hezzie Lane Subdivision LAND DONATION PAPER WORK?

Hi Loretta,

Can I get a copy of the ODOT internal directive that sets this requirement above and beyond the subdivision plat process? We may need to look at changing the way we do pre-application meetings with the development community and suspending all plan reviews, permits, and approvals for development on state highways until a developer has complied with all of the ODOT requirements. This is a very big deal and I have to give folks answers when we effectively kill development along Hwy 211 and Hwy 213.

Not trying to be nasty or counter-productive but at a certain point I have to throw my hands up about red tape and start asking for documentation, rules, etc., since we are the ones that get beat up at the local level by developers, property owners, elected officials, and others for all of the layers of ODOT. This developer may very well go out of business just trying to get approvals to install sidewalk on the state highway and his next stop may be the media.

By the way, where is my permit approval since we submitted traffic control plans to your office so we can repair a section of pavement damaging vehicles. My Operations Supervisor is at his wits end on trying to figure out how to comply with something that will take about two hours to fix in the field.

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

From: KIEFFER Loretta L [mailto:Loretta.L.KIEFFER@odot.state.or.us]

Sent: Tuesday, January 16, 2018 12:12 PM

To: 'Richard Gibboney' <rgibboney@riverside-engineering.org>; 'breiner@cityofmolalla.com' <breiner@cityofmolalla.com>; 'Brenda Reiner' <breiner@cityofmolalla.com>

Cc: 'Mark Thorp' <mthorp@riverside-engineering.org>; 'jgroff@riverside-engineering.org' <jgroff@riverside-engineering.org>; 'gfisher@cityofmolalla.com' <gfisher@cityofmolalla.com>

Subject: RE: Hezzie Lane Subdivision LAND DONATION PAPER WORK?

Importance: High

Still waiting on the status of the land donation? Please provide the necessary documentation so I can process.

From: KIEFFER Loretta L

Sent: Friday, December 15, 2017 8:42 AM

To: 'Richard Gibboney'; breiner@cityofmolalla.com

Cc: Mark Thorp; jgroff@riverside-engineering.org; gfisher@cityofmolalla.com

Subject: RE: Hezzie Lane Subdivision LAND DONATION PAPER WORK?

Importance: High

Please see attached email. What is the status of providing the land donation paper work.

From: Richard Gibboney [mailto:rgibboney@riverside-engineering.org]

Sent: Friday, December 08, 2017 9:32 AM

To: gfisher@cityofmolalla.com; breiner@cityofmolalla.com; HAMSTRA Thomas *Tom; KIEFFER Loretta L

Cc: Mark Thorp; jgroff@riverside-engineering.org

Subject: Hezzie Lane Subdivision

Don Miller is no longer affiliated with this project and is no longer employed by Lazer Site Surveying LLC/Riverside.

All correspondence for this project will run through Jerry Groff, P.E., and Mark Thorp, CAD Manager.

jgroff@riverside-engineering.org

mthorp@riverside-engineering.org

We request an e-mail catching Jerry and Mark up to date on this project. This would be a great boon to bringing them up to date and also allow this project to continue without any delay.

Thank you,

Richard J. Gibboney PLS

LLC Manager anb Survey Director

Office (503)-581-6362

Mobile (503)-580-4365

rgibboney@riverside-engineering.org