ORDINANCE NO. 2016
An Ordinance vacating a 30’wide public unimproved street that extends approximately 344’ along the west edge of properties described as the West 30 feet of the East one-half of the West one-half of Lot 10 Adams Paradise Acreage (3N 10E 35BD TL 600 & 601)
WHEREAS, Michael Kitts Homes Inc. filed a petition with the City as joint applicants to vacate a 30’ wide unimproved public street (the “vacation area”), to facilitate construction of a 28’ wide improved private street in conjunction with a planned unit development for 9 lots; and
WHEREAS, the Planning Commission conducted a public hearing on the street vacation request on March 16, 2015 and recommended that the City Council approve the proposal as requested; and
WHEREAS, the City Council convened a duly noticed public hearing on the street vacation request at its regular meeting on April 13, 2015, at which time the Council accepted all form of written and verbal comment on the request; and
WHEREAS, consents from the owners of all real property abutting the vacation area have been filed, and consents from the owners of not less than two-thirds of the property affected by the vacation request as required by ORS 271.080(2) also have been filed; and
WHEREAS, the Council finds that the public interest will not be prejudiced by granting the vacation request; and
WHEREAS, it is in the public interest to vacate the right-of-way described as the West 30 feet of the East one-half of the West one-half of Lot 10 Adams Paradise Acreage because the vacation area is a 30’ wide public street that does not meet the minimum specifications for a public street, but it can meet the minimum specifications of a private street and will be improved as a street with 13 parking spaces to serve the 9-lot planned unit development.
NOW, THEREFORE, based on the foregoing Recitals, the Hood River City Council ordains that the public right-of-way described as the West 30 feet of the East one-half of the West one-half of Lot 10 Adams Paradise Acreage (the “vacation area”) shall be deemed vacated, subject to the following express conditions:
1. The City of Hood River expressly reserves a non-exclusive easement for the placement, replacement, repair, maintenance and operation of public utilities (water, sewer, stormwater) on, over and under the vacation area, which also allows public employee access for these purposes.
2. The vacation area shall be subject to all of the assessments of the various taxing districts in which it is situated from this point forward.
3. In accordance with ORS 271.140 and except as expressly conditioned herein, title to the vacation area shall attach in equal portions to the lands directly bordering the Vacation area and from which the dedication was originally made.
4. Petitioner Michael Kitts shall prepare and record a certified copy of this Ordinance and its attached Exhibit with the Hood River County Clerk and shall bear the costs of such recording.
Read for the first time on April 13, 2015;
Read for the second time and passed April 27, 2015, to become effective thirty days hence.
Paul Blackburn, Mayor
Jennifer Gray, City Recorder