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Home My WebLink AboutOrdinance 1708 ORDINANCE NO. %p AN ORDINANCE VACATING PORTIONS OF MARILEE STREET, GENERALLY LOCATED BETWEEN BEALL LANE AND FOREST GLEN DRIVE Recitals ~svb ~s ov ~~~~ 1. Certain property owners whose properties abut Marilee Street have requested vacation of certain portions of Marilee Street. On August 18, 1994, the City Council authorized initiation of an own- motion vacation procedure for such portions of Marilee Street. 2. On November 17, 1994 in accordance with CPMC 1.24, the Central Point Planning Commission reviewed such request and formulated a positive recommendation. 3. On October 6, 1994, 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 271.080, 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. Section 2. Subject to the provisions of Section 4 below, that portion of Marilee Street generally located between Beall Lane and Forest Glen Drive, which portion of Marilee Street is fully described on Exhibit "A", which is attached hereto and by reference incorporated 1 - ORDINANCE NO. /7'O~j (111894) herein, in the City of Central Point, Oregon, is hereby vacated pursuant to ORS 271.130, and the ownership of said land within said vacated street in the City of Central Point, Oregon, 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. The possibility exists that the vacated areas will eventually be needed in order to make Marilee Street into a collector street. If that need arises, the City would need to re-acquire the vacated areas. This vacation is therefore conditioned upon the abutting landowners executi:,g dedications of the vacated areas; such dedications to be recorded if/when the City, in its sole discretion, determines that the area is needed to make Marilee Street into a collector street. The executed dedications are attached hereto. Section 5. An emergency is hereby declared to exist, and this ordinance will take effect upon passage and upon execution of this ordinance by the Mayor. Section 6. The City Administrator is directed to file a recorded copy of this ordinance with the Jackson County Clerk, the Jackson County Assessor, and the Jackson County Surveyor, together with any maps, plats or other records required or provided for by law. Passed by the Council passage this S day of ATTEST: and signed by me in authentication of its 199A.5 Mayor Rusty McGrath CXYI ~ A/ / C~ i iC~ty Rep entative Approved by me this S day of 199.5 Mayor X~~ Rusty McGrath 2 - ORDINANCE NO. 70 (111894) `~,~a~OQ;z c~~ STATE OF OREGON ) ss. County of Jackson ) On the _~ day of 1995, before me personally appeared Rusty Grath Sandy Lommel, who, being first duly sworn, each for himself and not for the other, did say that the former is Mayor of the City of Central Point, and the latter is the Authorized Representative of the City of Central Point, an Oregon municipal Corporation, and that the foregoing instrument was signed on behalf of said municipal corporation by authority of its City Council, and each of them acknowledged the foregoing instrument to be his or her voluntary act and deed. ~~. OFFI OIAL SEAL `, h. F24C`SELLE SI~lANNI -~` f~0'"Ar:'f PI.B LIC-OREGON G~~~::M'SS Jib P10.03fi841 MY CCU~MrSS10td EXf'i17E3 AUG. 07, 1396 ~ ~~~~~~ ~~~~r~~ Notary Public f Oregon My Commission expires: _L~~ 3 - ORDINANCE NO. /'7Q,C~ (111894) EXHIBIT ~P~ Property Description Marilee Street, City Proposed Vacation of Central Point Commencing at a point on the north line of Beall Lane, from which the Southwest Corner of Donation Land Claim No. 58, Township 37 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon, bears South 0 04'00" West and North 89 56'00" West 1237.30 feet, said point also being the southwest corner of that road described in Volume 502, Page 31 and 32 of the Deed Records of Jackson County, Oregon;- thence North 0~49'S0" East, along the west line of said road, 89.43_ feet to the POINT of BEGINNING; thence continuing North 049 50" East, along said line, 660.78 feet; thence North 89~56'S2" West 1.93 feet; thence North 0 04'40" West, along the west line of said road, 183.50 feet to the south line of the Pitt View Subdivision according to the official plat, now of record; thence East, along said south line and the south line of Parcel No. 2 of Partition Plat No. P-77-1993 of the Records of Jackson County, Oregon, Index Volume 4, Page 77, County Surveyors File No. 13653, a distance of 42.15 feet; thence South 38~01'S8" West 11.37 feet; thence along the arc of a curve to the left having a radius of 125.00 feet a central angle of 37 12'08" a distance of 81.16 feet (the long chord of which bears South 19~25'S4" West 79.74 feet); thence South 0~49'S0" West 759.54 feet; thence North 89 56'26" West 5.00 feet to the POINT of BEGINNING. TOGETHER WITH the following described parcel: Commencing at a point on the north line of Beall Lane, from which the Southwest Corner of Donation Land Claim No. 58, Township 37 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon, bears South 0 04'00" West and North 89 56'00" West 1237.30 feet, said point also being the southwest corner of that road described in Volume 502, Page 31 and 32 of the Deed Records of Jackson County, Oregon; thence South 89'56'00" East 60.00 feet to the southeast corner of said road; thence North 0'49'50" East, along the east line of said road, 75.01 feet to the POINT of BEGINNING; thence continuing North 0 49'50" East 675.20 feet; thence North 89 56'00" West 1.93 feet; thence North 0 04'40" West, Page 1 of 2 ~/ ~ ) ) `35~~€;;~~ ~l along said east line, 111.93 feet; thence along the arc of a curve to the left having a radius of 75.00 feet and a central angle of 10'39'17" a distance of 13.95 feet (the long chord of which bears South 6'09'29" West 13.93 feet); thence South 0'49'50" West 773.23 feet; thence South 89'10'10" East 5.00 feet to the POINT of BEGINNING. Prepared by: Farber & Sons, Inc. Farber Surveying 908 East Jackson Medford, Oregon 97504 (503) 776-0846 REGISTERED PROFESSIONAL LAND SURVEYOR , ~i~~ ~-~- OREGON nn. u, ron HERBERT A.fARBER ~ au' _,.r~ Expires 12/31/°F Jackson County, Oregon Recorded OFFICIAL RECORDS 3: o ~' JAN U ~-19951 ~M KATHLEEN S. BECKETT CLERK and RECORDER ., B ~y Page 2 of 2 / ~