HomeMy WebLinkAboutCouncil Resolutions 2119 ORDINANCE NO. Z-1 I f)
AN ORDINANCE VACATING TWO PUBLIC UTILITY EASEMENTS OVER PORTIONS OF LOTS 10
AND 11 OF MITCHELL'S LANDING SUBDIVISION AND THAT CITY PARCEL COMMONLY
REFERRED TO AS MAP NO. 372W1OBB TAX LOT 800 PER ORS 271.130
RECITALS:
A. WHEREAS, Suncrest Homes, LLC granted a 5-foot wide utility easement for a waterline
extension from Donna Way to the City of Central Point across Lot 11 of Mitchell's Landing
Subdivision, recorded in the Official Records of Jackson County on April 29, 1998 as
Document No. 98-18626.
B. WHEREAS, a public utility easement for a storm water line was dedicated to the City with
the platting of Mitchell's Landing Subdivision, located between platted Lots 10 and 11,
recorded on April 1, 1998, in Volume 24 at Page 14, of the Plat Records of Jackson County,
Oregon as well as across a neighboring City parcel commonly referred to as 372W10BB
Tax Lot 800.
C. WHEREAS, the City has determined that the foregoing easements on Lots 10 and 11 of
Mitchell's Landing Subdivision as well as the neighboring City parcel are not necessary as
the waterline was abandoned in the early 2000's, and the storm water line was capped in
2024 following staff's determination that no storm water was using the facility.
D. WHEREAS, Oregon Revised Statutes (ORS) Chapter 271 provides for the vacation of public
easements.
E. WHEREAS, the City Council of the City of Central Point desires to follow the provisions of
ORS Chapter 271 to initiate vacation of the 10-foot wide PUE located between Lots 10
and 11 and the 5-foot wide utility easement on Lot 11.
F. WHEREAS, pursuant to ORS 271.130, on September 26, 2024, the City Council initiated
the vacation of the foregoing public utility easement for a storm water line, and 5-foot
wide utility easement for a waterline over the portions of Lots 10 and 11 of Mitchell's
Landing and the neighboring city parcel, on its own motion, per Resolution No. 1799 and
set the proposed vacation for public hearing.
G. WHEREAS, on November 14, 2024, the City Council conducted a duly advertised public
hearing in which the Council considered all evidence in favor or opposed to the
proposed vacation.
H. WHEREAS, the City Recording Officer has filed in the Official City Record a certificate
verifying that all liens and taxes have been paid on the lands to be vacated.
1 I Ordinance No.?14q ; 'Cc mtar 12_ , 2024
Now, therefore:
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON DO ORDAIN AS FOLLOWS:
SECTION 1. In accordance with ORS 271.130 the City Council makes the following findings:
A. That the 5-foot wide utility easement for a waterline extension from Donna Way to
the City of Central Point across Lot 11 of Mitchell's Landing Subdivision, recorded in
the Official Records of Jackson County on April 29, 1998 as Document No. 98-18626 is
no longer needed for public purposes as the waterline was abandoned in the early
2000's.
B. That the public utility easement for a storm water line which was dedicated to the
City with the platting of Mitchell's Landing Subdivision, located between platted Lots
10 and 11, recorded on April 1, 1998, in Volume 24 at Page 14, of the Plat Records of
Jackson County, Oregon as well as across a neighboring City parcel commonly referred
to as 372W10BB Tax Lot 800 is no longer needed for public purposes as the storm
water line was capped in 2024 and staff has determined that no storm water is using
the facility .
C. The Council reviewed the staff's agenda report with findings; conducted a public
hearing on the proposed vacation on November 14, 2024 and found the vacation of
the foregoing public utility easements to be in the public interest.
D. The City provided notice of the proposed vacation by publication in the Daily
Courier, a newspaper of general circulation in Jackson County, Oregon. Notice was
published once per week for two consecutive weeks with the first publication on
October 31, 2024 and the second publication on November 7, 2024.
E. Said notice provided, among other things, that a public hearing before the City
Council concerning the proposed vacation would be held on November 14, 2024 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.
F. The City Council convened at the time and place specified in the public notices and
no objections were made to the proposed utility easement vacations.
G. On October 25, 2024, the City posted at or near each end of the portions of the
easements proposed to be vacated, a copy of the notice provided for in ORS 271.
H. The Council determined that the proposed vacations would not substantially affect
the market value of the property upon which the public utility easements are to be
vacated.
I. Vacation of the public utility easements is in the public interest.
J. The City recording officer has filed a certificate verifying that all liens and taxes have
been paid on the easement land to be vacated.
SECTION 2. The Easements described in Exhibit "A" attached hereto and by the reference
incorporated herein are hereby vacated pursuant to ORS 271.130.
2 I Ordinance No.211c1 ; T (Cci)4):; 1"1 , 2024
SECTION 3. The City Manager is directed to record certified true copies of this ordinance in the
office of the County Clerk of Jackson County, Oregon, and with the County Assessor and County
Surveyor of Jackson County, Oregon.
SECTION 4. For purposes of this 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 ('Z day of
December 2024.
Mayor Hank Williams
ATTEST:
1; :\'‘,\\)
City Recorder
3 I Ordinance Not) i9. ,De cemb-cr 12-7 2024