HomeMy WebLinkAboutOrdinance 2046 2018-026930
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ORDINANCE NO. 04(�
AN ORDINANCE APPROVING VACATION OF OPEN SPACE LOCATED IN SNOWY BUTTE
STATION,PHASE 2, CENTRAL POINT, OREGON AND ACCEPTING RESERVATION OF
EASEMENT TO CITY
RECITALS:
A. WHEREAS, the City of Central Point initiated a vacation of open space area located at
the intersection of Cheney Loop, a public street, and a Public Alley in Snowy Butte
Station, Phase 2, consisting of approximately 6,145 square feet, more or less, as
more fully described in Exhibit"A" incorporated herein by reference.
B. WHEREAS, the City published and posted statutorily required notice;
C. WHEREAS,a duly noticed public hearing was held before the City Council on July 1'1t'-‘
2018;
D. WHEREAS, the City determined the need to reserve therefrom a public utility
easement within the vacated area;
E. WHEREAS,after due consideration,the City has made certain findings in connection
with the request for vacation of City property and subsequent statutory procedures
for the vacation process,which findings are attached hereto and incorporated
herein as Exhibit"B";
F. WHEREAS,based on the attached findings, the City of Central Point determines that
it is in the best interest of the public to grant the vacation request.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1 Vaca red Property. The open space area located at the intersection of Cheney
Loop, a public street, and a Public Alley in Snowy Butte Station, Phase 2, consisting of
approximately 6,145 square feet, more or less, as described in Exhibit"A" attached hereto,
is hereby vacated, and title to the vacated property shall be returned and belong to the
owners of the adjacent property pursuant to Oregon law.
SECTION 2. Findings The Council adopts the Findings attached to this Ordinance set forth
in Exhibit"B."
SECTION 3. Reservation of Easement. A public utility easement is hereby reserved for the
benefit of and conveyed to the City of Central Point, its successors and assigns under and
upon the vacated property in which to construct, operate, maintain, repair, replace,
improve, and enlarge utility systems for purposes of transmission, distribution, and sale of
such utilities. This grant of easement extends to providers of public utilities for such
purposes. The City and such utilities shall also have reasonable rights of ingress and egress
to and from such easement across the vacated property. Public utilities that may use this
easement include, but are not limited to, storm drainage,sanitary sewer,water,gas,
electric,telephone and cable television.
Section 4. Deed. The vacated property shall he conveyed to the abutting property owner
by quit claim deed, a copy of which is attached hereto and made a part hereof as Exhibit"C."
Conveyance shall be subject to the conditions set forth in this ordinance and applicable law.
Section 4. Conditions of Vacation. The vacation is conditioned upon the adjacent property
owner(owner whose property abuts the vacated property) executing any and all necessary
documents to effectuate this vacation.
Section 6. Films. Certified true copies of this ordinance shall be recorded in the office of
the County Clerk of Jackson County, Oregon, and with the County Assessor and County
Surveyor of Jackson County, Oregon.
Section 7. Effective Date. For purposes of transfer of ownership of the property covered by
the vacation, this Ordinance shall be effective upon completion of the conditions provided
herein.
PASSED by the Council and signed by me in authentication of its passage this Q day of
AodU671- 2018.
V
Mayor Hank Williams
ATTES
(a,bs>9�-
City Recorder /r
EXHIBIT "A"
VACATION DESCRIPTION SHEET
All that certain real property dedicated to the City of Central Point for public use as OPEN AREA,
located at the intersection of Cheney I.nnp, a public street, and a Public Alley, in the City of Central
Point, Oregon, located within SNOWY BUTTE STATION, PHASE 2, filed for record on February
22, 2006 in Volume 32 of Plats, Page 14 of the Records of Jackson County. Oregon, and filed as
Survey Number 19077 in the office of the Jackson County Surveyor
Reserving therefrom that certain 10.00-foot-wide Public Utility Easement, as dedicated to the City of
Central Point for public use, being along the westerly boundary of said Open Area, lying easterly of
and coincident with the easterly right-of-way of said Cheney Loop.
Said OPEN AREA containing
6, 145 square feet, more or less. RE.11 ST-PhD
piaCr- _ ..I, Hot_
Prepared By Neathamer Surveying,Inc.
3126 State Street,Suite 203
PO Box 1584
Medford,Oregon 97501
Phone:(541)732-2869 y4it. �y
Project Number:09002-T-33 i„Lr :T -74
ROBERT V NErt[HALiER
Date' May 23,2018 :675
RENEWAL.DEC.31,LOIS
Exhibit"A"-Bargain and Sale Deed
EXHIBIT "B"
FINDINGS TO AN ORDINANCE VACATING OPEN SPACE LOCATED IN SNOWY BUTTE
STATION,PHASE 2,CENTRAL POINT,OREGON AND ACCEPTING RESERVATION OF
EASEMENT TO CITY
In connection with the ordinance vacating open space located at the intersection of
Cheney Loop, a public street and a Public Alley, the Council finds:
1. That the subject open space is no longer needed for park or open space
purposes, that the open space is not a significant asset to the City, and that the open space
provides more value to the public by being added to the local taxable land base than
remaining in its current state.
2. The Council reviewed the staff report with findings; conducted a public
hearing on the proposed open space vacation on July \q , 2018; and found the vacation of
the open space to be in the public interest
4. The City provided notice of the proposed vacation to adjacent property
owners pursuant to ORS 271,by publication in the Medford Mail Tribune,a newspaper of
general circulation published in Jackson County, Oregon. Notice was published once per
week for two consecutiveyy � weeks with the first publication on ea 018 and the second
publication on#.1.ov' 2018
5. Said notice provided, among other things, that a hea'riy.ng.,before the City
Council concerning the proposed vacation would be held on July 1, 2018 in the City
Council Chambers in Central Point, Oregon,which was the time and place when objections
to such proposed vacation would be considered and heard.
6. The City Council convened at the time and place specified in the public
notices and no objections were made to said vacation.
7. On \une \U , 2018, the City posted at or near each end of the portions of
land proposed to be vacated,a copy of the notice provided for in ORS 271
8. The Council determined that the proposed vacation would not substantially
affect the market value of the property owners abutting the open space to be vacated.
9. Vacation of the subject property will he in the public interest. It will add
property to the tax rolls and will potentially decrease City costs and liabilities associated
with the maintenance of public open space.
10 The vacated property will be deeded to the abutting property owner subject
to the reservation of a public utility easement for the City of Central Point for construction,
installation,maintenance, repair, replacement,distribution,and transmission of utilities
and ingress and egress to such utility easement.
p),I he' iuyl 2018-026931
R-QCD 081271201810 24:36 AM
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_ 1 ,, - , „ r . Total $119.00
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018259• • nR Requested
City of Central Point
140 S.Third Street
Central Point, OR 97502
1t r-. ' - r•r u r
City of Central Point
140 S.Third Street
Central Point, OR 97502
Mail Tax Statements To:
OWNER AS PER COUNTY RECORDS AT
TAX ASSESSORS OFFICE
ITIO♦S pare tor Reu,rder=s Use)
VACATION QUIT CLAIM DEED
City of Central Point, an Oregon municipal corporation, Grantor, releases and
quitclaims to Investor's II, LLC, an Oregon limited liability company, Grantee,all right,title
and interest in and to the real property described below, which real property was vacated,
closed and abandoned by Ordinance No. A.bL\U passed and approved by the
City Council of the City of Central Point, Oregon on July , 2018.
All that certain real property dedicated to the City of Central Point for public
use as OPEN AREA, located at the intersection of Cheney Loop, a public street,
and a Public Alley, In the City of Central Point, Oregon, located within SNOWY
BUTTE STATION, PHASE 2, filed for record on February 22, 2006 in Volume 32
of Plats, Page 14 of the Records of Jackson County, Oregon, and filed as Survey
Number 19077 In the office of the Jackson County Surveyor.
RESERVING THEREFROM THAT CERTAIN 10.00-FOOT-WIDE PUBLIC UTILITY
EASEMENT, as dedicated to the City of Central Point for public use, being along
the westerly boundary of said Open Area, lying easterly of and coincident with
the easterly right-of-way of said Cheney hoop.
Said OPEN AREA containing 6,145 square feet, more or less.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS, IF
ANY, UNDER ORS 195 300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO
11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010
THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE
UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR
PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES
OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES, AS DEFINED IN ORS, AND TO INQUIRE ABOUT
THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS, 195.301
AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS
2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND
SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
The true consideration for this conveyance is other consideration, consisting of
conveyance by Grantee to Grantor of certain easements pertaining to the subject real
property granted to Grantor of even date.
Dated this9Yday of kocspf . 2018.
City of Central Point
By: V u
STATE OF OREGON )
) ss.
County of Jackson
This instrument was acknowledged before me on Aua a'c''` 2018,by the
City of Central Point,Oregon, acting by and through Chs`"xS C.\4. r , its
C nrC
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40 OFFICIAL STAMP Notary Public for Oregon
DEANNA LEIGH CASEY
� NOTARY PUBLIC-OREGON My Commission Expires: s-v>-2 D�
1 COMMISSION N0. 950044
MY COMMISSION EXPIRES WY I0,2020