HomeMy WebLinkAboutOrdinance 1706
~o
~~~~~~s~4~~ 11: 5~
ORDINANCE NO. / ~
AN ORDINANCE VACATING THAT PORTION OF NINTH STREET
LYING SOUTH OF EAST PINE STREET AND ABUTTING
TOWNSHIP 37 SOUTH, RANGE 2 WEST, SECTION 2CD, TAX LOT 3000
Recitals
1. Dale and Mildred Bartley, owners of property abutting
Ninth Street just south of East Pine Street, have requested
vacation of that portion of Ninth Street lying south of East Pine
Street and fronting their property at Township 37 South, Range 2
West, Section 2CD, Tax Lot 3000. The City Council thereafter
authorized an own-motion vacation procedure.
2. On July 5, 1994, in accordance with CPMC 1.24, the
Central Point Planning Commission reviewed such request and
formulated a positive recommendation.
3. On August 18, 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
Officer, has filed in the official city records
verifying that all liens and all taxes have been
lands to be vacated.
Recording
a certificate
paid on the
Now, therefore,
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN
AS FOLLOWS:
Section 1. In accordance with ORS 271.120, the Council
makes the following findings:
1. Notice of the proposed vacation and the public hearing
thereon has been duly given as required by oRS 271.110.
2. 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.
3. The owners of all properties abutting the area proposed
to be vacated have consented in writing to the proposed vacation.
4. The public interest will not be prejudiced by the
vacation of the area in question.
1 - ORDINANCE NO
~_ (071994)
o~
~~~°3~f~0£3
Section 2. That portion of Ninth Street lying south of East
Pine Street and fronting on the property described as Township 37
South, Range 2 West, Section 2CD, Tax Lot 3000, 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 by ORS 271.140. The vacated land is fully described
on Exhibit "A~~, attached hereto and by reference 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 the 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,
the Jackson County Assessor, and the Jackson County Surveyor,
together with any maps, plats or other records required or
provided for by law.
Section 5. An emergency is declared to exist, and this
ordinance shall be effective immediately upon passage.
Passed by the Council and signed by me in authentication of
its passage this ~~_ day of i~ 1994.
`~~)YX~XX~~X~~Xk~~R>X~(~~ Leon Ellson
Council President
ATTEST:
17~n~ ~ ~~
City Re se tative
Approved by me this ,~?~ day of ~, ~~o ,, ~- 1994.
,,
A'te` ~ /j C~,G~~., -'
~I~YyX~GXXIR~;t~d(ifXS%~X>)6~~ Leon Ellson
Council President
2 - ORDINANCE N0. f Q (071994)
~4~°35~(3~s
STATE OF OREGON
County of Jackson
ss.
On the ~~ day of ~, 1994, personnaly appeared
before me the above-na d Roger Westensee, Mayor of the City of
Central Point, and Sandy Lommel, City Representative, and
acknowledged the signing of the foregoing Vacation to be the
voluntary act and deed of the City of Central Point.
~~ ~ C -~ ~qi At..
k ` =CAN
1~ ~
~~. .__ _ ' ~-~ 2~1
_ I 1 ~II__
i J ~cc~'~Ca~~o ~/J.I~NC
NOTARY PUBLIC FOR OREGON p
Commission Expires: ~- 7, 90
3 - ORDINANCE NO. /rJQ(p (071994)
`34~°:3~~O~S
EXt-tIE3IT 'A'
Commencing at the northwest, corner of Donation Land Claim No.
56 in Township 37 South, Range 2 West of the Willamette Meridian in
Jackson County, Oregon; thence South 353.58 feet and West 711.32
feet to a point on the east boundary of that tract described as
Parcel No. 1 in Volume 555, Page 459 of the Deed Records of said
Jackson County, said point being 55.00 feet southeasterly of, when
measured perpendicular to, the relocated centerline of Pine Street
in Central Point, Oregon, for the POINT OF BEGINNING; thence•South
1'52'43" West (deed record South 00'00'50" East) along the east
boundary of said described tract 148.10 feet to the southeast
corner of said described tract; thence, leaving said tract
boundary, North 88'07'49" West 17.16 feet to a rebar and cap
monument on the easterly right of way boundary of relocated Ninth
Street; thence, along said easterly boundary of relocated Ninth
Street, along the arc of a 145.36 foot radius curve to the left
(the long chord of which bears North 28'04'00" West 25.64 feet) a
distance of 25.67 feet; thence North 33'07'37" West 39.51 feet,
more or less, to the intersection of said easterly boundary with
the westerly boundary of the original right of way of Ninth Street;
thence North t'43'07" East, along said original westerly boundary,
56.01 feet to a point which bears 55.00 feet southeasterly of, when
measured perpendicular to ,. the relocated centerline of Pine Street;
thence North 56'28'32" East, parallel with the centerline of Pine
Street, 64.75 feet to the point of beginning.
Containing O.i33 acres, more or less.
RESERVING THEREFROM a permanent easement over, under and across the
most northerly 15.00 Feet, when measured perpendicular the
northerly boundary, of the above described parcel. Said easement
shall be for slopes, water, gas, electric and communication
facilities.
Bearings contained herein are based on Oregon State Plane
Coordinate grid bearings (theta angle = -1'38'44").
`y~clcs~n ~e»unlyp ~~~~~~
{~,~~it W~,~Y~g~Slf~ 5
i~;sa ~~~~~~~~~ ~.
EG.h.TH1E~t~ S. BECKEIT
~~R~ >~n~ k~ . R
~~G ,
REGI~TERE.O
PROFESSIONAL
LAND SURV=YOR
O R E G O N
JVLT i<, 1918
ROGER R. ROSERTS
1656
ExRt<ee 1231.9(
Central Point, Oregon
Portion of Ninth St. to be vacated
June i6, 1994
1/