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HomeMy WebLinkAboutOrdinance 1757ORDINANCE NO. f~67 AN ORDINANCE VACATING A 10-FOOT WIDE STRIP OF LAND ON THE SOUTHERN BORDER OF JACKSON CREEK ESTATES SUBDIVISION, UNIT N0. 7 Recitals 1. In order to continue the Jackson Creek Estates Subdivision block wall adjacent to Beall Lane in a straight line, and so that the block wall will not be sited in the public right- of-way, it is necessary to vacate a 10-foot wide strip of land along the southern boundary of Jackson Creek Estates Subdivision, Unit No. 7, adjacent to Beall Lane. The City Council previously authorized initiation of an own-motion vacation of said property. 2. On November 5, 1996, in accordance with CPMC Chapter 1.24, the Central Point Planning Commission reviewed the proposed vacation and formulated a positive recommendation. 3. On November 7, 1996, 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. A majority of the owners of the area affected, as computed on the basis provided in ORS 371.080, have not objected 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. ,n~' (110796) Section 2. A 10-foot strip of land on the southern-most boundary of Jackson Creek Estates Subdivision, Unit No. 7, in the City of Central Point, Jackson County, Oregon, according to the official plat thereof, which strip of land is adjacent to Beall Lane, and which is further described as the southern-most 10 feet of land running the length of the southern boundaries of Lots 222, 223, 224, 226, 227, 236, and 237 of Jackson Creek Estates Subdivision, Unit No. 7, in the City of Central Point, Jackson County, Oregon, according to the official plat thereof, is hereby vacated pursuant to ORS 271.130, and the ownership of said land hereby vacated shall become vested as provided in ORS 271.140. 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 an its passage this _1~__ day of d signed by me in authentication of 1996. Mayor Rusty McGrath ATTEST: City Rep entative Approved by me this _(~_ day of -'Y)~, 1996. 1 l fJ~~r~-=-' _ Mayor Rusty McGrath 2 - ORDINANCE NO. /ry5~7 (110796) t. ~'~-~ ~SZS ORDINANCE NO. 12~~ ~5 ~:9 `~ ~~ ,~.~ ~7~,~~, AN ORDINANCE VACATING A 10-FOOT WIDE STRZP OF LAND ON THE SOUTHERN BORDER OF JACKSON CREEK ESTATES SUBDIVISION, UNIT N0. 7 Recitals 1. In order to continue the Jackson Creek Estates Subdivision block wall adjacent to Beall Lane in a straight line, and so that the block wall will not be sited in the public right- of-way, it is necessary to vacate a 10-foot wide strip of land along the southern boundary of Jackson Creek Estates Subdivision, Unit No. 7, adjacent to Beall Lane. The City Council previously authorized initiation of an own-motion vacation of said property. 2. On November 5, 1996, in accordance with CPMC Chapter 1.24, the Central Point Planning Commission reviewed the proposed vacation and formulated a positive recommendation. 3. On November 7, 1996, 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. A majority of the owners of the area affected, as computed on the basis provided in ORS 371.080, have not objected 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 NO. ~~JS^J (110796) 3'7-;3 ~.5;~~ Section 2. A 10-foot strip of land on the southern-most boundary of Jackson Creek Estates Subdivision, Unit No. 7, in the City of Central Point, Jackson County, Oregon, according to the official plat thereof, which strip of land is adjacent to Beall Lane, and which is further described as the southern-most 10 feet of land running the length of the southern boundaries of Lots 222, 223, 224, 226, 227, 236, and 237 of Jackson Creek Estates Subdivision, Unit No. 7, in the City of Central Point, Jackson County, Oregon, according to the official plat thereof, is hereby vacated pursuant to ORS 271.130, and the ownership of said land hereby vacated shall become vested as provided in oRS 271.140. 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 by me in authentication of its passage this ~_ day of .~.,(~,~ , 1996. Mayor Rusty McGrath ATTEST: ~~~jj___Sagq~ n i City Reprksentative Approved by me this f~_ day of "N~~i , 1996. tip Mayor Rusty McGrath 2 - ORDINANCE N0. (~~ (110796) City of Central Point, Oregon Street Vacation n9~~ r- U 1 c c c v _ ~ 9'53'11"E o ---=-- .++. vwlntinCN, VACATING A 10-FOOT WIDE STRIP OF JACKSONI CREEKNESTATESUSUBDIVIS ONA UNIT N0. 7 N00'01'11 `N 30.00' .~~sckson County, Oregon Recorded ~?FFICIAL RECORDS SE P 16 19~~9'7~,, ~ ~~TY CLERK 3-