(An ordinance vacating a portion of Wasco Avenue)

WHEREAS, Wasco Avenue is a dedicated and improved right of way located within City limits;

WHEREAS, petition Tracy Hollister initiated a proposed vacation of a portion of the Wasco Avenue right of way pursuant to ORS 271.080;

WHEREAS, petitioner requests vacation of a portion of Wasco Avenue located on the south side of the Wasco Avenue right of way at the intersection of Wasco Avenue and 20th Street.  The portion proposed to be vacated is shown on the attached Exhibit A.  The portion consists of approximately 879.75 square feet;

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 Titles 16 & 17 of the Hood River Municipal Code, considered the petition;
WHEREAS, the City Council made findings of fact and conclusions of law in accordance with Title 16 of the Hood River Municipal Code and ORS Chapter 271 with respect to the vacation request, which are attached as Exhibit B;
WHEREAS, the City Council incorporates by reference the findings of fact and conclusions into this Ordinance as if fully set forth herein;

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

 WHEREAS, the public interest will not be prejudiced by the proposed vacation because the area proposed to be vacated is not needed for the Wasco Avenue right of way;

 WHEREAS, the City owns real property affected by the proposed vacation in accordance with ORS 271.080 and the City’s consent to the proposed vacation is necessary in order to approve the vacation;
WHEREAS, the proposed vacation is consistent with the City’s Comprehensive Plan as set forth in Exhibit B; and
WHEREAS, the City Recorder has 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 C.

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

1. The City Council consents to the proposed vacation.
2. The public right-of-way described in Exhibit A is vacated.

3. The petitioner shall obtain a survey of the portion of right of way to be vacated and provide it to the City for preparation of the vacation map.  The petition shall file a certified copy of the ordinance and map vacating the right of way.  The costs of preparing the ordinance and map shall be deducted from the deposit for costs.

4. Title to the vacated street shall attach to the lands bordering the street as provided in ORS 271.140.
Read for the first time:   October 9, 2007
Read for the second time and passed:  October 22, 2007, to become effective thirty (30) days hence.

Signed this ________ day of October, 2007.

Linda Streich, Mayor


Jill Rommel, City Recorder