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HomeMy WebLinkAboutOrdinance 1801ORDINANCE NO. I ~'D ~ AN ORDINANCE VACATING A CERTAIN PORTION OF NINTH STREET AND ALLEYS BETWEEN EIGHTH AND NINTH STREETS AND NINTH AND TENTH STREETS. Recitals 1. The City received an application from Jon Hummelt of Hummelt Development Company to vacate a portion of Ninth Street and two alleys between Eighth and Ninth Streets and Ninth and Tenth Streets. The applicant is requesting vacation in order to proceed with a site plan review application for the development of a Rite Aid Drug Store. 2. On February 2, 1999, in accordance with CPMC Chapter 1.24, the Central Point Planning Commission reviewed the proposed vacation and formulated a positive recommendation. 3. On March 25, 1999, the City Council conducted aduly-advertised public hearing and considered arguments in favor of and opposed to the proposed vacation. 4. The City Administrator, being the City Recording Officer, has filed in the Official City Record a certificate verifying that all liens and all taxes have been paid on the lands to be vacated. Now, therefore; THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. In accordance with ORS 271.120, the City Council makes the following findings: A. Notice of the proposed vacation and the public hearing thereon has been duly given as required by ORS 271.110. B. The owners of at least two-thirds of the area affected as computed on the basis provided in ORS 271.080, have consented in writing to the proposed vacation. C. The owners of all properties abutting the area proposed to be vacated have consented in writing to the proposed vacation. D. The public interest will not be prejudiced by the vacation of the area in question. Section 2. The lands described on Exhibit "A", attached hereto and by this reference incorporated herein, are hereby vacated pursuant to ORS 271.120, and the ownership of said lands hereby vacated shall become vested as provided in ORS 271.140. The lands vacated are: 1. A 200 foot section of alley running eastward from Eighth Street to Ninth Street. 2. A 200 foot section of alley running eastward from Ninth Street to Tenth Street. 3. A 300 foot section of Ninth Street running south from Manzanita Street to Pine Street. A map showing the street vacations is attached hereto as Exhibit "B", and by this reference is incorporated herein. Section 3. There is hereby reserved to the City of Central Point, all applicable public utility agencies, and TCI Cablevision of Oregon, Inc., including TCI's successors and assigns, an easement over the vacated street and alleys for purposes of installation, maintenance, repair and replacement of utilities and TCI Cablevision facilities, including the right to access the property for those purposes. Section 4. The City Administrator is directed to file a recorded copy of this ordinance with the Jackson County Clerk, Jackson County Assessor, and Jackson County Surveyor, together with maps, plats, or other records required or provided for by law. Passed by the Council and signed by me in authentication of its passage this g~ day of A_pC,. ~ , 1999. ~, Mayor Bill Walton ATTEST: _! City Representative q+l Approved by me this ~ day of -~ r; , 1999. ~~ Mayor Bill Walton lixhibit Commencing at the Northeasterly corner of Lot 1, Block 2 of the Shields Amended Addition as recorded in Volume 3, Page 14 in the records ofJacksou County Oregon also being the TRUE POINT OF BEGINNING, thence Easterly 60 feet more or less to the Northwesterly corner of Lot 4, Block 1, thence Southerly to the Southwesterly corner of said lot, thence Easterly to the Southeasterly corner of Lot I ,Block 1, thence Southerly 20 feet more or less to the Northeasterly corner of Lot 8, Block 1, thence Westerly to the Northwesterly corner of Lot 5, Block t, thence Southerly to the Southwesterly corner of said lot, thence Westerly 60 feet more or less to the Southeasterly corner of Lot 8, Block 2, thence Northerly to the Northeasterly corner of said lot, thence Westerly to the Northwesterly corner of Lot S, Block 2, thence Northerly 20 feet more or less to the Southwesterly corner of Lot 4, Block 2, thence Easterly to the Southeasterly corner of Lot I, Block 2, thence Northerly to the TRUE POINT OF BEGINNING. P/NE S =" Sh'/ELD.S ,~ME/~/DED ~10D/T/ ~/V CENTR.gL ,QO//VT OREGON.