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HomeMy WebLinkAboutOrdinance 1770'3'7-°:~'r}132 ORDINANCE NO. (~ ~1J AN ORDINANCE VACATING CERTAIN PORTIONS OF TAYLOR ROAD, AMY AND MANZANITA STREETS, AND AN ALLEY BETWEEN HASKELL AND WEST PINE Recitals is :,~ s ~6 -~ .5'© 1. The City received an application from Steve Rietmann of Quality Fence to vacate certain alleys and portions of Amy Street, Manzanita Street, and Taylor Road. These street rights- of-way have never been constructed as streets and are located on and adjacent to the Quality Fence property. The applicant is requesting vacation in order to proceed with a site plan review application for additional development of the Quality Fence property. 2. On July 1, 1997, in accordance with CPMC Chapter 1.24, the Central Point Planning Commission reviewed the proposed vacation and formulated a positive recommendation. 3. On July 17, 1997, the City Council conducted a duly- 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. 1 - ORDINANCE N0. /i ~ (070297) 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. An L-shaped alley beginning on the east side of Haskell Street, approximately 100 feet north of West Pine Street, running eastward 150 feet, turning 90 degrees, and continuing southward approximately 100 feet to west Pine Street. 2. A 290-foot section of Manzanita Street running eastward from Haskell Street to Amy Street. 3. A 515-foot section of Amy Street that runs northward from West Pine Street to Taylor Road. 4. A 425-foot section of Taylor Road that runs eastward from Haskell Street to a point one foot from the Central Oregon and Pacific Railroad right-of-way. 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 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. An emergency is hereby declared to exist, and this ordinance will take effect immediately upon passage and upon execution of this ordinance by the Mayor. Section 5. 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 any maps, plats, or other records required or provided for by law. Passed by the Council and signed b me in authentication of its passage this L~ day of ~~.-~ , 1997. Ma. or Rusty McGrath ATTEST: `' n City Representative 2 - ORDINANCE N0. I~~CU (070297) !3 ~""a;~l~~ Approved by me this % ~'~'' da of ~~yt~y , 1997. ~_T Mayo Rusty McGrath 3 - ORDINANCE NO. f~"~Q (070297) City of Central Point EXHIS~IT t' A't Planning Department Beginning at the northwest corner of Lot 7 in Block 2 of AMY AND HABAUGH'S ADDITION to Central Point, according to the official plat thereof now of record in Jackson County, Oregon; thence North 35° 09' 30" West, along the northwesterly prolongation of the southwesterly boundary of said Lot 7 a distance of 70 feet, more or less, to a point on the easterly prolongation of the south boundary of Taylor Road; thence North 30 feet, more or less, to intersect the section line between Section 3 and Section 10 in Township 37 South, Range 2 West of the Willamette Meridian; thence continuing North 30 feet, more or less, to point on the north boundary of the right of way of said Taylor Road; thence easterly, along said north right of way boundary, 387 feet, more or less, to a point one foot from the southwesterly boundary of the right of way of the Central Oregon and Pacific Railroad Company (formerly Southern Pacific Railroad, and Oregon and California Railroad); thence South 31 ° OS' 30" East 34.97 feet, more or less, to a point one foot westerly of the Central Oregon and Pacific Railroad right of way on said section line between Section 3 and Section ] 0; thence South 89° 49' 30" West, along said section line, 50 feet, more or less, to the northwest corner of that tract described in Instrument No. 79-10374 of the Official Records of said Jackson County; thence South 35° 09' 30" East (record South 35 ° 32' East), along the southwesterly boundary of said described tract, 44 feet, more or less, to the northeast corner of that strip shown on said plat of AMY AND HARBAUGH'S ADDITION as a 20 foot wide alley; thence South 89° 49' S3" West, along the northerly end of said alley, 24.4 feet more or less, to the northeast corner of said Block 2; thence continuing South 89° 49' S3" West, along the north boundary of said Block 2, a distance of 231.7 feet, more or less, to an angle point on the north boundary of said Block 2; thence South 54° 51' 30" West, along the northwesterly boundary of said Block 2, a distance of 100 feet, more or less, to the point of beginning. Legal Description for a Vacation of a portion of Manzanita Streets and Amy Alley Commencing at the southwest corner of Lot 6, Block 2 of the Amy and Harbaughs Addition to Central Point, thence southeasterly along the east boundary of Haskell Street 20 feet being the true point of beginning, thence northeasterly parallel the northerly line of Manzanita Street 290 feet more or less to the west line of an alley (Amy Street), thence North 35 degrees West 153.90 feet to the northeast corner of Lot 1, Block 2, thence North 89 degrees, 43 minutes, 53 seconds East to the most easterly line of an alley (Amy Street), thence southeasterly,along the easterly line of an alley (Amy Street) to a point on the north line of Main Street (Pine Street), thence southwesterly along the north line line of Main Street (Pine Street) 20 feet more or less to the southeast corner of Lot 3, Block 7, thence northwesterly 321.16 more or less to a point located 20 feet northwesterly of the northeast corner of Lot 1, Block 7, thence southwesterly 290 feet more or less to a point on the east line of Haskell Street located 20 feet northwesterly of the northwest corner of Lot 1, Block 7, thence northwesterly 40 feet to the true point of beginning. Legal Description for an alley vacation in Block 7 Commencing at the southwest corner of Lot 3, Block 7 of the Amy and Harbaugh Addition to Central Point being the true point of beginning, thence northwesterly 121.50 feet more or less to the northerly line of an alley, thence southwesterly to the east boundary of Haskell Street, thence southwesterly along the east boundary of Haskell Street 16 feet more or less to the Northwest boundary of Lot 6, Block 7, thence northeasterly 150 feet more or less to the northeast corner of Lot 4, Block 7, thence southeasterly 105.5 feet more or less to the north line of Main Street (Pine Street) thence northeasterly 16 feet more or less to the true point of beginning. `I ~~? X3'7°-'~ r31:) ~; s 6 10~ L'?e ~p~h~/ 0 N35 09'30"W 70'+/_ a ~`qS ~T }yw CoR ~ toi 7., d~Kz s8 ~~ I) CSty of Central Point EXHIBIT ttit~ Planning Department _w 0 U v~ O_ Cn w t~ e v 1 f •Y N=~-A«est sY-n'p NE CAR ~ o LOT I,BLK2 ~ w U 6 W O 3~ackson County, Qrec Recorded ~FFICtAt, R[iC4RDS AUG 05 19897 ~~R jv~ ~A~~ `t1.7lC.t, ~AUt~TX C~,ERK x S W COR n LOT 6, BLK2 U W 7 JAY Street O 2/Oi NW cot. - - - - - NE COR ~ GoT1.~ ~?cK7 LOT I,BLK7 a w N T is+i v ~ NW BDY. ISO ~t-/- /k <^q~ LOT 6, BLK7 c~v, w<7 ~' o u u o wt~ SE COR I /~8~~ LOT 3,BLK yt 16+/-~~Y `~ zo+~- Main Street %~ 5--