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HomeMy WebLinkAboutOrdinance 1699L ~ `~ ~~ l Jam, D~ :3~~°123`~~; ORDINANCE NO. ~~nQ~ ~~' ~~ AN ORDINANCE VACATING THE EAST-WEST ALLEY BETWEEN FIRST AND SECOND STREETS, IN THE BLOCK BORDERED BY OAK STREET AND ALDER STREET Recitals 1. The First Baptist Church, Terrace Corporation, and C & K Market, Inc., owners of property in the vicinity, have requested vacation of the east-west alley between First and Second Streets, in the block bordered by Oak Street and Alder Street. At its February 17, 1994 meeting, the City Council voted to initiate such vacation an Council's own motion. 2. On March 1, 1994, in accordance with CPMC 1.24, the Central Point Planning Commission reviewed such request and formulated a positive recommendation. 3. On March 17, 1994, the City Council conducted a public hearing and considered arguments in favor and opposed to the proposed vacation. 4. The City Administrator, being the City recording officer, has filed in the official City records, a certificate verifying that all liens and all taxes have keen 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 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. The east-west alley between First and Second Streets, in the block bordered by Oak Street and Alder Street, in the City of Central Point, Oreqon, more particularly described as follows: 1 - ORDINANCE N0. )~n~Q (031094) Beginning at the most southerly corner of Lot 8, Block 4, of the original town of Central Point, according to the Official Plat thereof, now of record in Jackson County; thence along the northerly line of an alley 280.795 feet to the most easterly corner of Lot 1 of said Block 9; thence along the westerly right-of-way line of Second Street 20.00 feet to the most northerly corner of Lot 16 of said Block 9; thence along the southerly line of said alley, 280.795 feet to the most westerly corner of Lot 9 of said Block 9; thence along the easterly right-of-way line of First Street 20.00 feet to the point of beginning is hereby vacated pursuant to ORS 271.130, and the ownership of said land within said alley in the City of Central Point, Oregon, hereby vacated shall become vested as provided by ORS 271.140. Section 3. There is hereby reserved to the City of Central Point, ail 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. An emergency is hereby declared to exist, and this ordinance shall take effect immediately upon passage. Section 5. 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 ~_ day of ATTEST: and signed by me in authentication of its _ `~~A!Q~ 1994. 1~'ayor Roger Westensee City Re sentstive Approved by me this X2.0'1 day of ~~T2.S c~ / 1994. M or Roger Westensee 2 - ORDINANCE N0. I~^QQ (031094) STATE OF OREGON ) ss. County of Jackson ) On the 22 day of rn ~'~'" 1994, personally appeared before me the above-named Leon Ellson, Council President of theCity of Central Point, Oregon, and acknowledged the foregoing instrument. to be the voluntary act and deed of the City of Central Point. -~n,s aa~~.~~ ~ ~ ,- ~ ~ ~ c 1 ~ 7'J _ v ( ~ ~,~ rtt c ~i~-.erv ( p 1~t4f CON' i~SS~ON FXh' nEa t~,,an C3, 1997 STATE OF OREGON ) ss, County of Jackson ) On the 2~- day of _ before me the above-named the City of Central Paint, instrument to be the volun Point, Oregon. Notary Public for Oregon My Commission Expires: ~°"~"'`~ 1994, personally appeared SRND~I ~.OMilti~c. City Representative of Oregonn, and acknowledged the foregoing tary act and deed of the City of Central ~~ ~ ~ ~, , ' „~ Notary Public M C i i foP Oregon/~ i :ou y omm ss on ces: Ex ~~ ~~ r~ ~ ~' i u6 Vf. l ~' ~= ~ ~,-t G5, 799% ,f. ' : .::;: .v:;. ,a.~:. .,;.':,:,>~ ' _ _., . State e+: Oregon, County of Jackson•-SS. The within instrntrient received and filed a ~ ~~ ~ _o'clock _~~_m: the~~_.day of-C1~~_i9_~L Re~otded in_ Records for Jackson Counfy Oregon.~~ ~~ - ~-~~-n=" County Glerk. Bv. 1~ Q~~~. ~-wT.~-Beauty 3 - ORDINANCE NO. ~_~,~• (031094}