HomeMy WebLinkAboutCouncil Resolution 1186AMENDED RESOLUTION NO. ~ l g~
A RESOLUTION SETTING A PUBLIC HEARING AND INITIATING
PROCEEDINGS TO VACATE PORTIONS OF ASH STREET AFTER
RECEIVING RECOMNMENDATION FROM THE PLA'.NNING COMMISSION
WHEREAS, the Central Point City Council (the "Council) is authorized under ORS 271.130 to
initiate vacation proceedings for any public street without a petition or consent of property
owners; and
WHEREAS, it is the intent of the Council to initiate a partial vacation of Ash Street from
Freeman Road to South 7`~ Street as specifically described in attached Exhibit "A"; and
WHEREAS, the Council's action to initiate the above described vacation will be accomplished
in accordance with all applicable provisions of ORS 271.130; and
WHEREAS, it is further the Council's finding, as set forth in Exhibit "B" that initiation of this
vacation will not substantially affect the value of abutting properties; and
WHEREAS, the Council would like this item to be heard by the Central Point Planning
Commission and receive their recommendation regarding vacation of portions of Ash
Street before proceeding with the Public Hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Central Point,
Oregon that a public hearing is set for September 25, 2008, 98 at 7:00 p.m. in the
Central Point Council Chambers, City Hall, 140 South Third Street, Central Point to receive
public testimony regarding the vacation and to make a determination regarding same. Notice of
said public hearing shall be provided in accordance with ORS 271.110.
Passed by the Council and signed by me in authentication of its passage this ~~y of
^~~, 2008.
. `
Mayor Hank Williams
ATTEST: / _
City Recorder
Approved by me this day of ~_, 2008.
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Mayor Hank Williams
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DATE: JULY 10TH,
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SIGNED CONSENT FORMS
EXHIBIT "B"
Planning Department Findings
Applicant: City of Central Point
Purpose: Initiation of Ash Street Right of Way Vacation
File No. 08182
INTRODUCTION
In the matter of a request to initiate aRight-of--Way Vacation of Ash Street on the City Council's own
motion. The Right-of•Way Vacation in located in an R-1-b, Residentiai, Single Family zoning district,
and identified on the Jackson County Assessor's map as 37S 2W 11BA, Tax Lots 703, 725, 735, 7b5,
300, 806, 802, 812, 813, 814, 900, 1000, and 1 i 00. All tax lots are located on Ash Street.
Consideration of a vacation on Council's own motion is subject to the criteria set forth in Oregon
Revised Statute 271.130(1) as follows:
1. ORS 271.130(1). No street area will be vacated if the owners of a majority of the azea affected,
computed on the basis provided in ORS 2?1.080, object in writing.
Finding: The property proposed to be vacated represents 675 ft. of Ash Street from
Freeman Road to South 7'~ Street. The area to be vacated would be 10 ft.. on both sides of
the street which would result in a total vacated area of approximately 12,518 sq. ft (see
above map). There are fifteen (15) properties abutting the proposed ROW vacation. Of
these fifteen properties, owners of ten (10) of the properties have signed consent forms
supporting the vacation application. Notice of the vacation has not been sent to affected
property owners since the vacation has not yet been initiated by the City Council. If the
vacation is initiated, public notice will be sent to all abutting and affected property
owners and they will have the opportunity to provide testimony related to the vacation.
Conclusion: Based on the finding, a majority of the abutting property owners have
signed consent forms supporting the ROW vacation application. Notice will be sent to
abutting and affected property owners as per ORS 271.110 prior to public hearings if the
vacation. process is initiated. It is determined that the proposed vacation is in compliance
with Section 271.130{1).
2. ORS 271.130(1). No street azea will be vacated without the consent of the owners of the
abutting property if the vacation will substantially affect the market value of such property,
unless the city governing body provides for paying damages.
Finding: There are 15 properties that directly abut the ROW vacation; Consent to
approve the ROW vacation was not received from five (5) of the abutting property
owners. Therefore, a need to find that the proposed vacation will not substantially affect
the market value of these properties is required.
In all cases property values of all abutting properties will increase in value as a result of
the vacation from a minimum of $5,524 to a maximum of $18,936. This increase in
value is the result of the added square footage to each property.
Ash Street Right of Way Initiation of Vacation -Findings
It is hereby determined that the vacation will not affect access to the property or the use
of the abutting property as permitted by the City of Central Point Municipal Code, and
the proposed vacation will not substantially affect the market value of the abutting
properties. Thus the consent of the abutting property owner is not required.
Conclusion: Based on the finding that the proposed vacation will not substantially affect
the market values of the abutting property, it is determined that the proposed vacation is
in compliance with Section 271.130(1), and that consent from all abutting property
owners is not necessary.
Ash Street Right of Way Initiation of Vacation -Findings