ORDINANCE NO. 2025

An Ordinance vacating an approximately 50 foot by 12 foot portion of the State Street public right-of-way not needed for right-of-way purposes.
(Orzeck)

 WHEREAS, in 1988, the City conveyed certain real property to the owner of Tax Lots 5501 and 5600 (3N 10E 25DC, street address: 115 State Street), owned by Randy Orzeck of the Big Horse Brew Pub (the “Property”) including a portion of the State Street right-of-way, illustrated in Exhibit A, attached hereto and incorporated herein by this reference and more particularly described as follows:

“Commencing at the Northwest corner of Lot L, SOUTH ADDITION to the Town of Hood River, in the City of Hood River, County of Hood River, State of Oregon, thence West 10 feet; thence North 12 feet; thence East 50 feet; thence South 12 feet, more or less, to the North line of the said Lot L; thence West along said North line of Lot L to the true point of beginning.”

(the “Vacation Area”)  However, the City did not also initiate a right-of-way vacation of this portion of State Street; and

WHEREAS, the owner of the Property seeks to construct an addition on the north side of the existing building on the Property; and

WHEREAS, prior to the construction of the building addition, it is necessary for the City to complete the vacation process for the portion of the State Street right-of-way where the building addition will be located, and for the owner to replat the Property into a single parcel that incorporates the Vacation Area and obtain a Site Plan Review permit for the addition; and

WHEREAS, Section 16.08.060(F) of the City of Hood River Municipal Code requires street vacations to comply with ORS Chapter 271, and authorizes vacation requests to be initiated by the property owner or the city’s governing body; and

WHEREAS, The City Council initiated this vacation proceeding on its own motion pursuant to ORS 271.080 and ORS 271.130 without the need for a property owner petition by the adoption of Resolution 2016-17, a copy of which is attached hereto as Exhibit B, and incorporated herein by this reference; and
 
WHEREAS, the Planning Commission conducted a public hearing on the City’s street vacation request on July 12, 2016 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 July 25, 2016, at which time the Council accepted all form of written and verbal comment on the request; and
 
 WHEREAS, the Council finds that the public interest will not be prejudiced by granting the vacation of the Vacation Area, which will be conveyed to the owner of the abutting property, which is the Property.
 
 NOW, THEREFORE, based on the foregoing Recitals, which are incorporated herein by this reference, the Hood River City Council ordains that the approximately 50 foot by 12 foot portion of the State Street right-of-way illustrated in Exhibit A, attached hereto and incorporated herein by this reference and more specifically described as:

“Commencing at the Northwest corner of Lot L, SOUTH ADDITION to the Town of Hood River, in the City of Hood River, County of Hood River, State of Oregon, thence West 10 feet; thence North 12 feet; thence East 50 feet; thence South 12 feet, more or less, to the North line of the said Lot L; thence West along said North line of Lot L to the true point of beginning.”

(the “Vacation Area”), shall be vacated, subject to the following conditions:

1. 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. 

2. In accordance with ORS 271.140 and except as expressly conditioned herein, title to the Vacation Area shall attach in equal portions to the Property (Tax Lots 5501 and 5600, 3N 10E 25DC), which are the lands directly bordering the Vacation Area and from which the dedication was originally made.

3. The City shall prepare and record a certified copy of this Ordinance and its attached Exhibits with the Hood River County Clerk and shall bear the costs of such recording.
 Read for the first time on July 25, 2016;

 Read for the second time and passed August 8, 2016, to become effective 30 days after the second reading.

                                                                                       
____________________________________
Paul Blackburn, Mayor


ATTEST:


____________________________________
Jennifer Gray, City Recorder