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.