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HomeMy WebLinkAboutOrdinance 1935Jackson County Official Records 201 0.018346 R -v 06/11/2010 01:39:37 PM Cnt=1 MORGANSS $75.00 $10.00 $5.00 $11.00 $15.00 TOtal:$160.00 01430014201000183460150151 I, Christine Walker, County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded In the Clerk records. Christine Walker -County Clerk ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF OAK STREET BETWEEN AMY STREET AND SOUTH HASKELL STREET WHEREAS, the City has determined that an 30 foot wide section on either side of the Oak Street right-of-way between Amy Street and South Haskell Street (the "Vacation"), is not required for public access and as such is no longer an asset to the City's street system; and WHEREAS, in accordance with ORS 271.130 the Central Point City Council, on February 25, 2010 approved Resolution 1251 initiating the Vacation on its own motion; and WHEREAS, on March 25, 2010 the City Council held a duly noticed public hearing in accordance with ORS 271.110 to consider the Vacation. NOW THEREFORE; The people of the City of Central Point, Oregon, do ordain that after full and due consideration of the record as set forth in the Staff Report, attached hereto as Exhibit "A", and the evidence presented at the public hearing, finds that the Vacation as legally described in Exhibits `B" and "C" is hereby approved subject to the following: 1. Public Easements. There is hereby reserved to the City of Central Point and all applicable public utility agencies an easement over the vacated street for purposes of installation, maintenance, repair, and replacement of utilities, including the right to access the property for those purposes. assed by the Council and signed by me in authentication of its passage this _�Nay of , 2010. Mayor Hank Williams Approved by me this g� day of IA, 2010. N. Mayor Hank Williams - Ordinance No. (04082010) kCodf EXHIBIT ,, A .CENTRAL Community Development STAFF REPORT POINT Tom Humphrey, AICP Oregon Community Development Director STAFF REPORT March 25, 2010 ITEM: Public Hearing to consider an ordinance vacating a portion of Oak Street between Amy Street and South Haskell Street. Applicant: City of Central Point STAFF SOURCE: Tom Humphrey, AICP, Community Development Director BACKGROUND: The City periodically receives requests from citizens to consider the abandonment or `vacation' of unimproved sections of public right-of-way. There have been two such requests by businesses to vacate portions of Oak Street between Haskell and Amy Streets. The proposed vacated section of Oak Street is unimproved and provides through public access connecting Amy Street to South Haskell Street. The Rogue Creamery and Rapp Racing have both stated that they would expand the footprint of their buildings if they had more property. They have identified the Oak Street right-of-way as an area into which they could grow. This section of Oak Street has an existing eighty (80) foot right-of-way. It is proposed that sixty feet (30 feet on both side) of the right-of-way be vacated (see Attachment `B") and reassigned, per State law, to the adjoining three property owners. The remaining twenty (20) foot section in the center of the right-of-way will be retained as public right-of-way, to allow for ingress -egress to the abutting properties. The property owners in question have all agreed to the vacation (see Attachment "C") and once completed, the property will be put on the tax roll. At their February 25`x' meeting, the Central Point City Council approved Resolution #1251 (Attachment "D") setting a public hearing (3/25/2010) and initiating proceedings to consider vacating the street right-of-way. ISSUES: In consideration of this item there is one issue is worth noting: 1. In accordance with ORS 271.130, the City must make a determination whether or not the right-of-way vacation will result in a substantial affect on property values. If it is determined that the vacation will have a substantial affect on property market value, then all of the abutting property owners must consent to the vacation. If, however, it is determined that the vacation will not substantially affect the market value of property, then consents from abutting property owners are not required. In Attachment "A", findings have been prepared supporting a determination of no substantial affect on property market values. Although not required, the three abutting property owners (100%) have signed a petition supporting the right-of-way vacation. 0 ATTACHMENTS: A. Planning Department Findings B. Map of Vacation Site C. Petition - Consent of Adjoining Property Owners D. Right -of -Way Vacation initiation Resolution E. Public Works Staff Report F. RVSS Comments ACTIONS: Open public hearing and consider proposed vacation, close public hearing and move to second reading on April 8, 2010. RECOMMENDATION: Direct Staff to schedule the second reading for the next regularly scheduled City Council meeting to approve the vacation ordinance. 10, ATTACHMENT "A" Planning Department Findings Applicant: City of Central Point Purpose: Oak Street Right -Of -Way Vacation File No. 10004 INTRODUCTION In the matter of approving a right-of-way (ROW) vacation of a portion of Oak Street. The right- of-way vacation is located in the Transit Oriented Development District, General Commercial zoning district. The street area to be vacated is a sixty (60) foot wide portion of Oak Street, thirty (30) feet either side of the street, located between Amy Street and South Haskell Street on Jackson County Assessor's Map 372WIOAA. Consideration of a vacation is subject to the criteria set forth in Oregon Revised Statute 271.130(1) as follows: 1. ORS 271.130(1). The city governing body may initiate vacation proceedings authorized by ORS 271.080 and make such vacation without a petition or consent of property owners. Finding: By Resolution No. 1251, the City Council initiated vacation of the property described in Attachment "D". Conclusion: The City is authorized to initiate the vacation per ORS 271.130. 2. ORS 271.130(1). No street area will be vacated without the consent of the owners of the abutting property if the vacation will substantially affect the market value of such property, unless the city governing body provides for paying damages. Finding: The vacation will not affect access to the property or the use of the abutting property as permitted by the City of Central Point Municipal Code. In all cases, property values of all abutting properties will not decrease in value as a result of the vacation. Conclusion: Based on the above findings that the proposed vacation will not substantially affect the market values of the abutting property, it is determined that the proposed vacation is in compliance with ORS Section 271.130(1), and that consent from all abutting property owners is not necessary. 3. ORS 271.130(1). No street area will be vacated if the owners of a majority of the area affected, computed on the basis provided in ORS 271.080, object in writing. Finding: No objections, written or otherwise, to the vacation were received. Conclusion: Based on the finding, there is no objection to the vacation of the street. Notice will be advertised in the local newspaper and posted on the Vacation site as per ORS 271.110 prior to public hearings before the Central Point Oak Park Addition ROW Vacation - Findings Y` City Council. It is determined that the proposed vacation is in compliance with Section 271.130(1). 4. ORS 271.140. Title to the street or other public area vacated shall attach to the lands bordering on such area in equal portions; except that where the area has been originally dedicated by different persons and the fee title to such area has not been otherwise disposed of, original boundary lines shall be adhered to and the street area which lies on each side of such boundary line shall attach to the abutting property on such side. Finding: Title to the vacated right-of-way will be distributed to the appropriate abutting properties in accordance with ORS 271.140. Legal descriptions have been prepared distributing the vacated area per ORS 271.140 (Exhibit B & Q. Conclusion: Distribution of the proposed vacated area will be completed in accordance with ORS 271.140. 5. City of Central Point Transportation System Plan. Findings: Based on the City's current Transportation System Plan, Oak Street is designated as a Local Street. The right-of-way vacation will result in the street being converted from an eighty (80) foot right-of-way to a twenty (20) foot wide alley which will still provide needed connectivity between Amy Street and South Haskell Street��._ Conclusion: The proposed vacation does not alter, or otherwise affect, the street classification or circulation of Oak Street, Amy Street, or South Haskell Street and is therefore consistent with the City's TSP. 6. City of Central Point Public Works Standards. Findings: The right-of-way vacation will result in the current eighty (80) foot right-of-way being reduced to twenty (20) feet resulting in an alley. Conclusion JThe,proposed_vacation.results m_a right-of-way width consistent with the City's'Public Works Standard' -for &i alley. Oak Park Addition ROW Vacation - Findings ATTACHMENT an EXHIBIT Assessor's Map No. 372'W1 0AA ee'� �t �o. Amy & Harbough's add. - _ Cooksey add. Map No 372W10AB TL 7700 Block 9 Lot 6 , SCALE: I" = 100' 0' 50' 100' 200' Prepared by: FARBER & SONS, INC. REGISTERED dbo FARBER SURVEYINGPROFESSIONAL 431 Oak Street LAND SURVEYOR Central Point, Oregon 97502 .� (541) 664-5599 OREGON JULY 26, 1985 HERBERT A. FARBER 2189 DATE: Februory 15, 2010 JOB NO. 1687-10 RENEWAL DATE 12-31-11 CENTRAL POINT\CITY CP\ROGUE CREAMERY RW VACAPON \MICROSURVEY\EXHIBIT OAK ST.DWG ATTAt:HMENT «.C....a PETITION I/we the undersigned, support vacation of a portion of Oak Street right-of-way as illustrated in the attached exhibit: Tax Map 372W10AA Ice Palace, LLC P.O. Box 3606 Central Point, OR 97502 William R. Rapp 3395 Grant Road Central Point, OR 97502 Thomas L. Canon 525 Nick Young Road Eagle Point, OR 97524 Tax Lot 6200 Tax Lot 6300 Tax Lot 6400 m PETITION I/we the undersigned, support vacation of a portion of Oak Street right-of-way as illustrated in the attached exhibit: Tax Map 372W10AA Ice Palace, LLC Tax Lot 6200 P.O. Box 3606 Central Point, OR 97502 William R. Rapp Tax Lot 6300 3395 Grant Road Central Point, OR 97502 Thomas L. Canon Tax Lot 6400 525 Nick Young Road Eagle Point, OR 97524 ATTACHMENT RESOLUTION NO. k AS -1 A RESOLUTION SETTING A PUBLIC HEARING AND INITIATING PROCEEDINGS TO VACATE A PORTION OF OAK STREET BETWEEN AMY STREET AND SOUTH HASKELL STREET WHEREAS, the Central Point City Council (the "Council) is authorized under ORS 271.130 to initiate vacation proceedings for any public street without a petition or consent of property owners; and WHEREAS, it is the intent of the Council to initiate a partial vacation of Oak Street between Amy Street to South Haskell Street as specifically described in attached Exhibits "A" and `B"; and WHEREAS, the Council's action to initiate the above described vacation will be accomplished in accordance with all applicable provisions of ORS 271.130; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Central Point, Oregon that a public hearing is set for Q 2010 at 7:00 p.m. in the Central Point Council Chambers, City Hall, 140 South Third Street, Central Point, Oregon to receive public testimony regarding the vacation and to make a determination regarding same. Notice of said public hearing shall be provided in accordance with ORS 271.110. Passed by the Council and signed by me in authentication of its passage this 125—day of v�u A G City Recorder Mayor Hank Williams Approved by me this l�' day of 010. Mayor Hank Williams 0 Exhibit "-A—" Property'Description City of Central Point Right -of Way Vacation Oak Street Assessor's Map 372WI OAA Southerly tract: Beginning `at the Northerly most corner of Block 9 of the Amy Harbaugh's Addition to Central Point, according to the official plat thereof, now of record in Jackson County, Oregon; thence Southwesterly along the north line of said Block and along the north line of Lot 6 of The Cooksey Addition to Central Point, according to the official plat thereof, now of..record in the records of Jackson County, Oregon, a distance of 290 feet more or less to the Easterly right of way line of Haskell Street; thence Northwesterly, along said Easterly right of way line 30 feet; thence Northeasterly, parallel with and 30 feet northwesterly of said north line of said Lot and Block, 290 feet more or less to the westerly right of way of Amy Street; thence Southeasterly along said westerly right of way 30 feet to the point of beginning. Northerly tract: Beginning at the northerly most corner of Oak Street of the Amy Harbaugh's Addition .to Central Point, according to the official plat thereof, now of record in Jackson County, Oregon; thence Southwesterly along the north line of said Street, 290 feet more or less to the easterly right of way of Haskell Street; thehce Southeasterly along said easterly right of way line, 30 feet; thence northeasterly, parallel with and 30 feet southerly of said north lune, 290 feet more or less to the westerly right of way line of Amy Street; thence Northwesterly along said westerly right of way line to the point of beginning. Prepared by. Herbert A Farber Farber & Sons, Inc. d.b.a., Farber Surveying 431 Oak Street Central Point, Oregon 97502 541-664-5599 Date: February 16, 2010 1D h, EXHIBIT "�" pe moo. 70, TL 60 TL 7400 0 S� TL 7500 Amy & Horbough's add. Cooksey add. TL 7701 Assessor's Map No. 372W10AA 3 0, ,b O TL 6100 r^ °;� c TL 6200 ~°�^ 4 a rO O,Q'O / 290,9 ti . 00, Mop No 372W10AB TL 7700 \14 TL 7400 -5O 70�1130\1 Block 9 Lot 6TL 6400 TL 6 300 SCALE; 1 " = 100' 0' 50' 100' 200' Prepored by: FARBER & SONS, INC. (YFESSIONAL GISTERED dbo FARBER SURVEYING 431 Oak Street SURVEYOR Centro! Point, Oregon 97502 (541) 664--5599 OREGON JULY 26, 1985 HERBERT A. FARBER 2189 DATE: Februory 15, 2010 ,JOB NO. 1687-10 RENEWAL DATE 12-31-11 CENTRAL POINT\CITY CP\ROGUE CREAMERY RW VACATION\MICROSURVEY\EXH181T OAK ST.DWG ATTACHMENT" E " Public Works Department ♦.,�rotA i Matt Samitore, Interim Director PUBLIC WORKS STAFF REPORT March 3, 2010 AGENDA ITEM: Vacation of a portion of Oak Street located between Amy Street and Haskell Street for approximately thirty (30) feet on both sides of the street. Traffic: Oak Street is a local street. Traffic Counts on the street indicate that there is less than 10 peak hour trips (PHT) and those trips are associated with the three businesses that use the street. Streets: Street is a eighty (80) foot right-of-way that is Water: No water lines exist within the proposed vacation area. y unimproved. Storm Water: No Strom Drain exists within the proposed vacation area. Sewer — No Sewer lines exists within the proposed vacation area Conditions of Approval: 1. Remaining Alley/Street- The remaining twenty feet (20') portion shall be paved when future development occurs, or through grant funding, whichever comes first. 140 South 3'6 Street • Central Point, OR 97502 •541.664.3321 o Fax 541.664.6384 0 March 2, 2010 ATTACHMENT" F- 0 ROGUE VALLEY SEWER SERVICES Location 138 West Vilas Road, Central Point, OR - Mailing Address. P.O. Box 3130, Central Point, OR 7502-0005 Tel. (541) 664-6300, Fax (541) 664-7171 www.RVSS.us David Jacob City of Central Point Planning Department 155 South Second Street Central Point, Oregon 97502 Re: Oak Street Vacation, File #10004 Dear David, There are no sanitary sewer facilities within the section of Oak Street proposed to be vacated. All adjacent parcels are adequately served by sewers either on Amy Street or Haskell Street. Rogue Valley Sewer Services has no objection to the proposed vacation. Feel free to call me if you have any questions regarding this project. Sincerely,Carl Digitally signed by Carl Tappert QN: cn=Carl Tappert Carl Ta ert, P.E.-D`010.03.02 Tappl� PP District Engineer t� 08:22:02 -08'00` \\BCVSA_TREE\BCVSA41_VOL 1.MT\ EDOR.BCVSA\DATA\AGENCIES\CENTPPLANNG\ STREETVACATION\I0004 OAK STREET.DOC N�� Exhibit "-5-" Property Description City of Central Point Right.of Way Vacation Oak Street Assessor's Map 372W l OAA Southerly tract: Beginning at the Northerly most corner of Block 9 of the Amy Harbaugh's Addition to Central Point, according to the official plat thereof, now of record in Jackson County, Oregon; thence Southwesterly along the north line of said Block and along the north line of Lot 6 of The Cooksey Addition to Central Point, according to the official plat thereof, now of record in the records of Jackson County, Oregon, a distance of 290 feet more or less to the Easterly right of way line of Haskell Street; thence Northwesterly, along said Easterly right of way line 30 feet; thence Northeasterly, parallel with and 30 feet northwesterly of said north line of said Lot and Block, 290 feet more or less to the westerly right of way of Amy Street; thence Southeasterly along said westerly right of way 30 feet to the point of beginning. Northerly tract: Beginning at the northerly most corner of Oak Street of the Amy Harbaugh's Addition to Central Point, according to the official plat thereof, now of record in Jackson County, Oregon; thence Southwesterly along the north line of said Street, 290 feet more or less to the easterly right of way of Haskell Street; thence Southeasterly along said easterly right of way line, 30 feet; thence northeasterly, parallel with and 30 feet southerly of said north line, 290 feet more or less to the westerly right of way line of Amy Street; thence Northwesterly along said westerly right of way line to the point of beginning. Prepared by: Herbert A Farber Farber & Sons, Inc. d.b.a., Farber Surveying 431 Oak Street Central Point, Oregon 97502 541-664-5599 Date: February 16, 2010 \L\ EXHIBIT %, " Assessor's Map No. 372W10AA ee� �O Amy & Harbough's odd. Cooksey odd. Mop No 3721N10AB TL 7700 SCALE: 1" = 700' 0' 50' 100' 200' Prepared by• Block 9 Lot 6 TL 6400 FARBER & SONS, INC.. REGISTERED dbo FARBER SURVEYING PROFESSIONAL LAND SURVEYOR 431 Oak Street Central Point, Oregon 97502 (541) 664-5599 OREGON JULY 26, 1985 HERBERT A, FARBER 2189 DATE: February 15, 2010 JOB NO. 1687-10 RENEWAL DATE 12-31-11 CENTRAL POINT\CITY CP\ROGUE CREAMERY RW VACATI0N\M1CRV5URVEY\EXH/BI1 OAK 5T.DWG