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01430015201000183470150158
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 ALLEY RIGHT-OF-WAY LOCATED
IN A SUBDIVISION KNOWN AS THE OAK PARK ADDITION
WHEREAS, the City has determined that an eighteen (18) foot wide portion of alley located in a
subdivision known as Oak Park Addition, adjacent to Tax Lots 2400 and 2500 (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 initiated 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 alley 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 gay of
` , 2010.
Mayor Hank Williams
Approved b me this 2S da of l , 201.
PP Y Y
Mayor Hank Williams
- Ordinance No. (04082010)
EXHIBIT
cmo�
CENTRAL Community Development
STAFF REPORT POINT Tom Humphrey, AICF
Oregon Community Development Director
STAFF REPORT
February 25, 2010
Public Hearing to consider an ordinance vacating a portion of an alley right-of-way located in a
subdivision know as the Oak Park Addition, adjacent to adjacent to tax lots 2500 and 2400 as
located on Jackson County Assessor's map page 372W03DC. Applicant: City of Central
Point
STAFF SOURCE:
Tom Humphrey, AICP, Community Development Director
BACKGROUND:
The City Council considered the vacation of this unimproved alley right-of-way in May 2002 but
elected not move forward on the possibility that the area could be used for a commuter rail
platform. Since that time, city staff and business owners from both the Rogue Creamery and
Twin Creeks TOD have agreed that a more likely location for a platform would straddle the rail
line a few hundred feet north of this site where parking and access would be much better.
Historic maps of this area show that the majority of this alley right-of-way from Crater Iron to
the Wine Tasting building was vacated about the time that Highway 99 was constructed
(Attachment `B"). The area to be vacated now is approximately an 18' by 370' alley that was
originally part of the Oak Park Addition (Exhibits "A" & `B"). Since the alley right-of-way was
a part of the Oak Park Addition, the vacated lands would revert to the abutting properties, tax
lots 2500 and 2400, as located on Jackson County Assessor's map 372W03DC. The right-of-
way in question is unimproved and serves no public purpose. Vacation of the right-of-way will
not impact either existing, or future pedestrian or vehicular connectivity.
At their February 251h meeting, the Central Point City Council approved Resolution #1250
(Attachment "C") setting a public hearing and initiating proceedings to vacate the street right-of-
way. The public hearing was set for March 25, 2010.
ISSUES:
In consideration of this item there is one issue 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, owners of the two abutting tax lots
(100%) have signed a petition supporting the right-of-way vacation (Attachment "C").
in
CONDITIONS:
1. There is an existing four (4) inch and an eighteen (18) inch sewer line in a portion of the
right-of-way that are still in service. The City Public Works Department and Rogue
Valley Sewer Services are requiring that a Public Utility Maintenance Easement be
recorded prior to conveyance of the property. The easement would include restrictions
on the property, allowing for the continued maintenance of the utilities.
ATTACHMENTS:
A. Planning Department Findings
B. Historic 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
G. Map of Existing Water and Sewer Lines
ACTIONS:
Open public hearing and consider proposed vacation, close public hearing and move to second
reading.
RECOMMENDATION:
Direct Staff to schedule the second reading for the next regularly scheduled City Council
meeting (April 8, 2010) to approve the vacation ordinance.
ATTACHMENT "A"
Planning Department Findings
Applicant: City of Central Point
Purpose: Oak Park Addition Alley Right -Of -Way Vacation
File No. 10006
INTRODUCTION
In the matter of approving a right-of-way (ROW) vacation for an alley. The right-of-way
vacation is located in the Transit Oriented Development District, General Commercial zoning
district. The alley to be vacated is an eighteen (18) foot wide strip of land located in a
subdivision known as the Oak Park Addition, adjacent to tax lots 2400 and 2500 on Jackson
County Assessor's Map 372W03DC.
Consideration of a vacation is subject to the criteria set forth in Oregon Revised Statute
271.130(1) as follows:
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. 1250, the City Council initiated vacation of the
property described in Attachments "C".
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
alley. Notice will be advertised in the local newspaper and posted on the Vacation
site as per ORS 27 1. 110 prior to public hearings before the Central Point City
Oak Park Addition ROW Vacation - Findings V \
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 (Attachment "A").
Since the alley to be vacated was originally part of the Oak Park Addition, it will
be returned in its entirety to the two tax lots (2400 and 2500) abutting the vacated
alley.
Conclusion: Distribution of the proposed vacated area will be completed in
accordance with ORS 271.140.
5. City of Central Point Transportation System Plan (TSP).
Findings: The proposed right-of-way vacation will impact an unused portion of
an alley. Historic maps of this area show that the majority of this alley right-of-
way was vacated about the time that Highway 99 was constructed. The area to
be vacated now is approximately an 18' by 370' alley that was originally part of
the Oak Park Addition.
Conclusion: The proposed vacation of the alley does not alter, or otherwise
affect, street classification or circulation and is therefore consistent with the City's
TSP. The vacation will not adversely affect either pedestrian or vehicular
connectivity.
6. City of Central Point Public Works Standards.
Findings: There are existing four (4) inch and a two (2) inch water lines and an
eighteen (18) inch sewer line in a portion of the right-of-way that are still in
service and must be protected. It is acceptable practice to require a public utility
easement in such cases. Attachment "F" illustrates the location of the utilities and
the required public utility easement.
Conclusion: The City Public Works Department and Rogue Valley Sewer
Services are requiring that Public Utility Easements be maintained to service
those utilities.
Oak Park Addition ROW Vacation - Findings 4
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ATTACHMENT��� �
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ATTACHMENT "--C."
PETITION
Uwe the undersigned, support vacation of a portion of an alley located in the Oak Park Addition
as illustrated in the attached exhibit:
Tax Map 372W03DC
Mimi Harlan
P.O. Box 3606
Central Point, OR 97502
David L. Gremmels
P.O. Box 3606
Central Point, OR 97502
Cary R. Bryant
P.O. Box 3606
Central Point, OR 97502
Bradley Properties LLC
P.O. Box 3606
Central Point, OR 97502
Mimi Harlan
P.O. Box 3606
Central Point, OR 97502
David L. Gremmels
P.O. Box 3606
Central Point, OR 97502
Cary R. Bryant
P.O. Box 3606
Central Point, OR 97502
Bradley Properties LLC
P.O. Box 3606
Central Point, OR 97502
Tax Lot 2400
Tax Lot 25(
AAA
ATPTACMMENT II -IL.°°
RESOLUTION NO.
A RESOLUTION SETTING A PUBLIC HEARING AND INITIATING PROCEEDINGS
TO VACATE A SECTION OF ALLEY RIGHT-OF-WAY LOCATED IN A
SUBDIVISION KNOWN AS THE OAK PARK ADDITION, ADJACENT TO TAX LOTS
2400 AND 2500 ON JACKSON COUNTY ASSESSOR'S MAP 372W03DC
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 vacation of the remainder of an
unimproved alley located in a subdivision known as Oak Park Addition, adjacent to Tax Lots
2400 and 2300 as specifically described in attached Exhibit "A" and "B"; and
WHEREAS, the Council's action to initiate the above described vacation wifl 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 nC 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 day of
12010.
A
Recorder
Approved by me this day of 2010.
Mayor Hank Williams
Mayor Hank Williams
Exhibit "A"
Property Description
City of Central Point
Right of Way Vacation Alley
Assessor's Map 372W03DC
All of the Alley, being 18 feet in width, lying adjacent to the railroad and Lots 5 and 6, Block 8
and all of Block 9 of Oak Park Addition to Central Point, according to the official plat thereof,
now of record in Jackson County, Oregon.
Prepared by: Herbert A Farber
Farber & Sons, Inc.
d.b.a., Farber Surveying
431 Oak Sftet
Central Point, Oregon 97502
541-6645599
Date: February 16, 2010
0
EXHIBIT ".2" .Assessor's Map No 372W03DC
OAK PARK ADD.
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Prepared by:
FARBER & SONS, INC.
REGISTERED
dbo FARBER SURVEYING
PROFESSIONAL
Laren SURVEYOR
431 Oak Street
Central Point, Oregon 97502
71---fw ..t2-
(541) 664--5599
OREGON
JULY 26, 1985
HERBERT A. FARBER
2189
DATE: February 16, 2010
JOB N0. 7687-10
RENEWAL DATE 12-31-11
Central Point\city CP\rogue creamery voeotian\microsur�ey\exhibit aNey.dwg
Public Works Department
PUBLIC WORKS STAFF REPORT
March 3, 2010
ATTACHMENT" '� °➢
Matt Samitore, Interim Director
AGENDA ITEM:
Vacation of a section of alley right-of-way in a subdivision known as Oak Park Addition, adjacent to Tax Lots
2400 and 2500 on Jackson County assessor's Map 372W03DC, vacation as section of eighteen (18) feet wide and
approximately 360 feet long.
Traffic:
Not Applicable to this application
Existing Infrastructure:
Streets: N/A
Water: Water Line — There is a 4 -inch water line that travels through the proposed vacation. Additionally, there is
a 2 -inch line also exists within the proposed vacation area. It serves the old Liberty Park site. (see GIS map) The
2 -inch line will be abandoned.
Storm Water: No Strom Drain exists within the proposed area.
Sewer — There is a sewer line that travels through the proposed vacation, paralleling the City's 4 -inch waterline.
Conditions of Approval:
1. Easements: A 15 -wide water and sewer easement will have to be completed for the existing 4 -inch water
line and sewer line prior to the vacation being completed.
140 South 3'd Street • Central Point, OR 97502 •541.664.3321 . Fax 541.664.6384
1\
March 2, 2010
ATTAI C D DME 1 T i6 L 9D
1
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 Park Addition Alley Vacation, File #10006
Dear David,
There is an 18 inch diameter sanitary sewer main which crosses the area to be vacated
near the middle of Tax Lot 2400. In order to preserve the use of this sewer main and
provide adequate access for maintenance, Rogue Valley Sewer Services requests that
the vacated right-of-way be retained as a sewer easement.
Feel free to call me if you have any questions regarding this project.
Sincerely,Carl
' Digitally signed by
u Carl Tappert
DN: cn=Carl
Tappert
Carl Tappert, P.E.
Tapp t Date 21 0.03.02
District Engineer
4/ 08:26:56 -08'00'
\\BCVSA_TREE\BCVSA41_VOL 1.MEDOR.BCVSA\DATA\AGENCIES\CENTPT\PLANNG\
STREETVACATION\10006 OAK PARK ADDITION ALLEY.DOC
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ATTACHMENT � �
Exhibit "_Z_"
Property Description
City OfCentral. Point
Might ofWay 'Vacation .,Alley
Assessor'S'Map 372W03DC
All of the.Alley, I being 18 feet in width, lyingadjacent. to the railropdand Lots 5 and 6, Block 8
.and all of 9 of Oak Park Addition to Central Point, according to the ,official, plat thereof,
now ofrecord in Jackson County, Oregon.
Prepared by: Herbert A Farber
Farber & Sons, Inc.
d.b.a., Farbeu.Surveying
431 Oak Street
Central Point, Oregon 97502
54.1-664-5599
Date: 'February 16, 2010
A
EXHIBIT
"C"
Assessor's
Map No 372W03DC
OAK
PARK
ADD.
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TL 2400
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SCALE: 1 " = 100`
0' 50' 100' 200'
Prepared by: _
FARBER & SONS, INC. REGISTERED
dbo FARBER SURVEYING PROAND SURVEYOR L
431 Oak Street
Central Point, Oregon 97502 ,ZZ
(541) 664-5599
OREGON
JULY 26, 1985
HERBERT A. FARBER
DATE: Februory 1:6, .2070 2.189
JOB N0. 1687-16 RENEWAL DATE 12-31-11
CentralPoint\city CP\rogue creomery vocation\microsurvey\exhibit. otley:dwg
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