(A resolution initiating a street vacation pursuant to ORS 271.130)
WHEREAS, the City Council may initiate vacation proceedings authorized by Oregon Revised Statute (ORS) 271.080 and pursuant to ORS 271.130 without a petition or consent of the affected property owners;
WHEREAS, although the statute does not require a resolution to initiate the vacation; however, where a city's interest in land is involved, the City Attorney recommends a resolution prior to the public hearing process in order make the basis for the action clear;
WHEREAS, in 1988, the City conveyed property to Randy Orzeck of the Big Horse Brew Pub (115 State St.) including a portion of the State Street right-of-way (Bargain and Sale Deed 880107). However, the City did not initiate a right-of-way vacation described on Exhibit A;
WHEREAS, it is in the best interests of the City of Hood River to vacate the right-of-way described on Exhibit A because the land is no longer needed for right-of-way and is in private ownership; and
WHEREAS, the property owner seeks to construct an addition to the pub on the north side of the existing building and prior to construction of the building addition, it is necessary to vacate a portion of the State Street right-of-way, replat the property into a single parcel, and obtain a Site Plan Review permit.
NOW, THEREFORE, BE IT RESOLVED by the Hood River City Council that:
1. This Resolution shall constitute initiation of vacation proceedings pursuant to ORS 271.130 for the right-of-way shown on Exhibit A.
2. The City Manager shall set the date of the public hearing required pursuant to ORS 271.110 and notice shall be provided as required by ORS 271.110.
Approved by the Hood River City Council the 9th day of May, 2016, to take effect as provided above.
Paul Blackburn, Mayor
Jennifer Gray, City Recorder