HomeMy WebLinkAboutOrdinances 2081 Jackson County Official Records 2021-038172
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0197974620210038172005 058
I,Christine Walker,County Clerk for Jackson County,Oregon,certify
that the instrument identified herein was recorded in the Clerk
records. Christine Walker-County Clerk
ORDINANCE NO. cldS
AN ORDINANCE VACATING APPROXIMATELY 808 SQUARE FEET OF UNDEVELOPED
COOK LANE RIGHT-OF-WAY LOCATED ADJACENT TO PROPERTY IDENTIFED ON THE
JACKSON COUNTY ASSESSOR'S MAP AS 37S 2W 10BC TAX LOTS 2200 AND 2301
Applicant: W.L. Moore Construction, Inc.
Recitals:
A. On November 3, 2020, the Central Point Planning Commission approved a tentative
subdivision plan (Resolution No. 882) to create a 12-lot residential subdivision
served by a public street that incorporates most of the undeveloped Cook Lane right-
of-way abutting property identified as 37S2W1OBC Tax Lots 2200 and 2301. In
rendering this decision the City determined that a portion of the Cook Lane right-of-
way is not needed for public access.
B. In accordance with CPMC Chapter 12.28 and Oregon Revised Statute (ORS)
Chapter 271.130, the Central Point City Council considered a request to initiate
proceedings to vacate the unneeded portion of Cook Lane right-of-way by the owner
of Tax Lots 2200 and 2301, and approved Resolution No. 1677 fixing a time for a
public hearing to consider the vacation.
C. On August 12, 2021 the City Council held duly noticed public hearing in accordance
with ORS 271.110 to consider the vacation and receive public testimony.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Based upon all the information received, the City Council adopts the Staff
Reports, Findings of Fact and evidence which are incorporated herein by reference; determines
that the public interest is not prejudiced; that changing community conditions and needs justify
the vacation and hereby adopts this ordinance to vacate the undeveloped Cook Lane right of way
as described in Exhibits 1-3 attached hereto.
Section 2. The City Manager is directed to conduct post vacation action defined in ORS
271.150 which includes filing 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 this ordinance shall also be filed with the county assessor and county
surveyor.
Section 3. Effective date. The Central Point City Charter states than an ordinance enacted
by the council shall take effect on the thirtieth day after its enactments. The vacation is not
effective until thirty days after the second reading and certification has been received from the
County Assessor that all City taxes and liens for the land to be vacated have been paid.
Passed by the Council and signed by me in authentication of its passage this day of
010 w.os+ , 2021.
Mayor Hank Williams
ATT • :
ity Recorder
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VACA I / ON DI- IAIL
MA YBERR Y PLACE
A SUBDIVISION
A REPLAT OF A PORTION OF COOK
LANE and PUE.
by PSC!
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DATE: 05-27-2021 ' I
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////A AREA TO BE VACATED
TER R A SU R VE Y, INC. REGISTERED
PROFESSIONAL
PROFESSIONAL LAND SURVEYORS LAND SURVEYOR
274 FOURTH STREET —1...7( 1i --7.-- ---
ASHLAND, OREGON 97520
OREGON
(541) 482-6474 J 12, 2As
FREDD A. FRANTZ
torrain @bisp.ne t No. 00077
JOB NO. 1267-19
Renewal 12-31-21
37-214-108C TAX LOTS 2200-2301 Ii
d
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Property Description
Cook Lane proposed vacation.
Mayberry Place subdivision
A portion of Cook Lane as described on Partition Plat No. P 57-2006 recorded in the Records of Jackson
County,Oregon, Index Volume 17, Page 57, County Surveyor's File No 19226, more particularly
described as follows:
Beginning at the northeast corner of Cook Lane as described on Partition Plat No. P 57-2006 recorded in
the Records of Jackson County,Oregon, Index Volume 17, Page 57,County Surveyor's File No 19226;
thence South 84°17'45" West, along the northerly line of said Lane for a distance of 21.43 feet;thence
along a non-tangent curve to the right having a radius of 72.00 feet,a central angle of 49°04'05"for a
distance of 61.66 feet with a long chord which bears South 59°34'53"West,59.79 feet;thence North
84°17'46" East, along the southerly line of said Lane for a distance of 76.17 feet;thence North 06°40'27"
West,along the easterly line of said Lane to the Point of Beginning.
Containing, more or less 959 square feet
Prepared by: Terrasurvey Inc.
274 4th Street
Ashland Oregon 97520
RBGIETERB0
Phone: 541-482-6474 PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 12,2 0
FRED A.FRANTZ
No,(50077