ORDINANCE NO. 1935
(An ordinance vacating a public alley)


WHEREAS, the City currently has a dedicated alley located between 12th and 13th Streets; north of Montello, south of May;

WHEREAS, the City initiated the vacation of the right-of-way pursuant to Resolution 2007-13 on May 29, 2007;

WHEREAS, the Planning Commission and the City Council of the City of Hood River have, in accordance with the procedures set forth in Chapter 271 of the Oregon Revised Statues and Title 17 of the Hood River Municipal Code, considered the application of the City of Hood River to vacate the right-of-way;

WHEREAS, the City Council made findings of fact and conclusions of law in accordance with Title 16 of the Hood River Municipal Code and Oregon Revised Statues Chapter 271 with respect to the vacation request, which are attached as Exhibit A;

WHEREAS, the City Council incorporates by reference the findings of fact and conclusions into this Ordinance as if fully set forth herein;

WHEREAS, the vacation will not substantially affect the market value of the abutting properties;

WHEREAS, notice of the proposed vacation has been duly given as required by ORS 271.110 and HRMC Chapter 17.09 (see Exhibit A);

 WHEREAS, the public interest will not be prejudiced by the proposed vacation because the existing alley is used by the hospital and city for a utility easement only and it has not been used for pedestrian or vehicular traffic in the past;

 WHEREAS, it is in the best interests of the City of Hood River to vacate the right-of-way described on Exhibit A because it will result in the hospital’s ability to expand their services onsite, which in turn serves all of Hood River;

WHEREAS, the proposed vacation is consistent with the City’s Comprehensive Plan as set forth in Exhibit A; and

WHEREAS, the City Recorder filed a certificate showing that all city liens and taxes have been paid on the right-of-way to be vacated in the office of the City Recorder, as shown on Exhibit B.

NOW, THEREFORE, the City of Hood River ordains as follows:

1. The public right-of-way described in Exhibit A is vacated. 


2. The Sisters of Providence Oregon shall obtain a survey of the alley to be vacated and provide it to the City for preparation of the vacation map.  The Hospital shall file a certified copy of the ordinance and map vacating the alley.  The costs of preparing the ordinance and map shall be deducted from the deposit for costs.

3. The Sisters of Providence Oregon shall grant the City a public utility easement on the City’s Public Utility Easement form.  The easement shall meet all requirements of the City’s form, and may include any modifications approved by the City Attorney, and of the City’s Engineering Standards Section 4.1B, except that this ordinance grants a design exception to allow public utilities to be located on private property within the area to be vacated as required by Section 4.1(B)1, and grants an exception to the all-weather road access requirement in Section 4.1.B(3), permitting the access to be provided by an all-weather surfaced adjacent parking area.  The vacation is effective upon the City’s acceptance of the easement and the recording of the easement in the deed records of Hood River County.  The Hospital shall cause the easement to be recorded.

4. Title to the vacated alley shall attach to the lands bordering the alley as provided in ORS 271.140.
Read for the first time:   September 24, 2007
 
Read for the second time and passed:  September 24, 2007, to become effective thirty (30) days hence.

                                                                                       
Signed this ________ day of __________________, 2007.


____________________________________
Linda Streich, Mayor


ATTEST:

                                                                                                                                           ____________________________________  
Jill Rommel, City Recorder