ORDINANCE NO. 2049
An Ordinance vacating an unimproved public street right-of-way (8th Street) ~30 feet wide, extending south of Marian Street (~3,140 sf), adjacent Tax Lot 12400 located at 3N 10E 36BC, and retaining an easement over the eastern 15 feet (Patricia Moles)
WHEREAS, Patricia Moles owns TL 12400 (3N 10E 36BC), located within the corporate boundaries of the City of Hood River in the southwest corner of the intersection of 8th Street and Marian Street;
WHEREAS, Ms. Moles filed a petition to vacate the 30-foot wide unimproved portion of 8th Street adjacent to TL 12400, which extends south of Marian Street (the “Vacation Area”); and
WHEREAS, Ms. Moles’ street vacation petition included the consents and other information required by ORS 271.080 and HRMC 16.08.060 and was otherwise in the proper form; and
WHEREAS, the Planning Commission conducted a public hearing on the street vacation request on March 4, 2019 and recommended that the City Council approve the proposal as requested; and
WHEREAS, the City Council convened a duly noticed public hearing on Ms. Moles’ street vacation request at its regular meeting on March 25, 2019, which was continued without taking any evidence or testimony to April 8, 2019, 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 this request to vacate the right-of-way described and illustrated in Exhibit A, so long as the City retains a suitable easement in gross along the eastern 15 feet of the Vacation Area to allow public pedestrian, bicycle and similar non-motorized ingress and egress access, as well as above and below ground public utilities, and the right to install, maintain, repair, and remove all such utilities.
NOW, THEREFORE, based on the foregoing Recitals, the Hood River City Council ordains that the public right-of-way described in Exhibit A (the “Vacation Area”) is hereby vacated, subject to the following express conditions and requirements:
1. Reservation of Easement. The City of Hood River expressly reserves a non-exclusive easement in gross in favor of the City of Hood River for pedestrian, motorized and non-motorized public ingress and egress access, emergency access, and the installation, replacement, repair, maintenance and operation of public utilities on, over and under the eastern 15 feet of the Vacation Area south of Marian Street (the “Easement Area”). The owner of the land encumbered by this easement shall place no permanent structures, and no vegetation or landscaping taller than 6 feet, on, over or under the Easement Area. The City shall not be responsible for the restoration or replacement of any structures, vegetation, or any improvements in the Easement Area in the event the same must be removed or disturbed for the City to exercise its rights under this easement.
2. Assessment. 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. Zoning. The Vacation Area shall bear the zoning of the adjacent land – R-2 Urban Standard Density Residential
4. Title. Title to the Vacation Area, as conditioned herein, shall attach to and become a part of the adjacent parcel to the west (Tax Lot 12400, 3N 10E 36BC), from which the dedication was originally made.
5. Recordation. Petitioner shall prepare and record a certified copy of this Ordinance and its attached Exhibit A with the Hood River County Clerk and shall bear all costs of such recording.
5. Notice of Decision. The Planning Director shall issue a written Notice of this decision as required by state law and the Hood River Municipal Code.
READ FOR THE FIRST TIME on April 22, 2019.
READ FOR THE SECOND TIME and adopted on May 13, 2019. This Ordinance shall take effect on the 31st day following the second reading.
Paul Blackburn, Mayor
Jennifer Gray, City Clerk
Approved as to Form:
Daniel Kearns, City Attorney