ORDINANCE No. 2013
An Ordinance Authorizing the Sale of Excess Park Land Through a Land Swap With Charlotte Wertgen, Declaring approximately 0.12 Acres of Eliot Park to be Surplus to the City’s Needs, and Retaining Certain Easements for Continued Public Access and Utilities.
The City Council of the City of Hood River finds as follows:
WHEREAS, the Hood River Parks and Recreation District, in conjunction with the City of Hood River, own and operate an urban park and trail system within and outside of the city that includes the Indian Creek Trail; and
WHEREAS, several segments of the Indian Creek Trail are interrupted by privately owned parcels that disrupt the trail’s continued connectivity along Indian Creek; and
WHEREAS, on such private in-holding is owned by Charlotte Wertgen who desires to swap approximately 1 acre of her property along Indian Creek for a 0.12-acre piece of land currently owned by the City as part of the Eliot Park access off of Eighth Street; and
WHEREAS, Ms Wertgen requires ownership of at least 50 feet of frontage on a public right-of-way, such as Eighth Street, to enable her to develop her property under City development regulations, and she is willing to trade her 1-acre parcel for ownership of the 0.12-acre parcel, allowing the City to retain full public access and utility easement rights over the smaller parcel; and
WHEREAS, ORS 226.350 (Sale of excess land; restrictive covenants in deed of resale) authorizes the city to sell or trade surplus parkland and to retain any and all necessary easements on the parcels sold to protect the public’s interest in park property; and
WHEREAS, the City Council considered this land swap at its regular meeting on October 27, 2014, at which time it allowed public testimony and comment on the proposed transaction as reflected in the drawing and two draft proposed Statutory Warranty Deeds that describe the two parcels involved and the retained easements for each, attached to this Ordinance as Exhibit A and incorporated herein by this reference.
NOW THEREFORE, based on the foregoing Findings, the City Council Ordains as follows:
Section 1 – Land Transfer from City to Wertgen. The City Council authorizes the sale of approximately 0.12 acres of Eliot Park to C.J. Wertgen as shown in Exhibit A attached to this Ordinance and incorporated herein by this reference. The Mayor is authorized to execute a Statutory Warranty Deed similar to the one included Exhibit A on behalf of the City of Hood River. The approximately 0.12 acres parkland shown in Exhibit A is hereby declared to be surplus to the City’s needs, so long as this parcel is conveyed to C.J. Wertgen as part of a like-kind trade of real property that retains an easement for public ingress, egress and utilities on, over, under and through the 0.12-acre parcel.
Section 2 – Land Transfer from Wertgen to City. The City Council authorizes the acquisition of approximately 1.0 acres of land along Indian Creek from C.J. Wertgen as shown in Exhibit A attached to this Ordinance and incorporated herein by this reference. The Mayor is authorized to execute a Statutory Warranty Deed similar to the one included Exhibit A acquiring this approximately 1.0 acre parcel on behalf of the City of Hood River. The consideration for this acquisition is a like-kind trade of real property.
Read for the First Time this 27th day of October 2014.
Read for the Second Time and approved this 10th day of November 2014. This Ordinance shall take effect on the 31st day following the second reading.
Arthur Babitz, Mayor
Jennifer Gray, City Recorder Approved as to form:
Daniel Kearns, City Attorney