1.8127? R203'r AL=E1i32.

(1)

*

1.8127’?

g

1

R 203 'r‘AL=E1i32.

ORDINANCE ^NO. 3454

AN ORDINANCE ^VACATING ^A ^PUBLIC UTILITY EASEMENT AND

ADOPTING FINDINGS OF FACT AND

CONCLUSIONS

^OF ^LAW

I. RECITALS.

A. WHEREAS,

pursuant

^to ^ORS ^271.080 ^and

Ordinance

^No. ^3251, the City of Pendleton

initiated proceedings

^to ^vacate ^a

public

utility

easement described

^below.

B. WHEREAS,

pursuant

^to ÔRS ^271.080, ând âs â

basis

^for

granting

^the ^request ^to ^vacate, ^the

consent

ôf ^the ôwners ôf âll abutting property and ôf not less than two

thirds in

area ^of the real

property affected

^thereby ^have

consented

^to ^such

vacation

^as

evidenced

^by

Exhibit

"A" attached hereto and by

this

reference

incorporated herein.

C. WHEREAS, the City Recorder ^has caused. such.

petition

referred ^to ^above ^to ^be filed

pursuant

^to ^ORS ^271.090 ^and ^has

advised

^the

petitioners

^of ^the ^date ^the

petition will

^come ^before the City

Council.

D. WHEREAS,

pursuant

^to ORS 271.100, the City

Council

^after ascertaining that there

appeared

^to ^be ^no

reason

^why ^the

petition

should not be allowed set ^a

time

for formal hearing upon the

petition, pursuant

^to

Resolution

^No. ¹⁶⁷⁰

^attached.

^hereto ^as

Exhibit

"B" and ^by

this

reference incorporated

herein, which Resolution

^passed ôn ^the ^5th ^day ôf ^February, ^1991, înitiating

vacation proceedings

^for ^the

^easement hereinafter described

^and

fixed

^the ^hour ôf ^7:35 ^p.m. ôn ^the ^5th ^day ôf ^March, ^1991, âs ^the

time, in

^the ^Vert ^Little ^Theater ^as ^the ^place, ^for ^the ^hearing ^of any and all

objections

^or

remonstrances

^relating ^to ^the

Vacation

^of

said easement.

E. WHEREAS, the City Recorder has caused

pursuant

^to ^ORS

271.110 ^the

notice

of the

petition

^and ^hearing ^to ^be

published in

the City

official newspaper

once each week for four (4)

consecutive

weeks

with said notices

^containing ^a

description

^of ^the

ground

covered ^by ^the

petition,

the date it was filed, the name ^of at least one of the

petitioners,

^and ^the ^date ^when ^the

^petition

^and

any

objection

^or

remonstrance which

^may ^be ^made

in

^writing ^and filed

with

^the ^recording

officer

^of ^the ^City ^prior ^to ^the

time

of the hearing and

will

be heard and

considered.

F. WHEREAS, the City recording

officer five

⁽⁵⁾ ^days ^after the

first

^day ^of ^the

notice

caused to be posted at or near each end of the proposed

Vacation

^a ^copy ^of ^the

^notice

^headed

"Notice

^of Easement

Vacation“

^posted

in

^at ^least ^two ⁽²⁾ conspicuous places

in

the proposed

vacation

^area

^with ^said ^posting

^not ^less ^than ^twenty-

eight

⁽²⁸⁾ ^days ^before ^the ^hearing.

G. WHEREAS on the 21st ^day ^of ^February, ^1991, the

Pendleton

Planning

Commission considered

^the âbove ^request âs â ^land ûse

(2)

R 203 M1133

issue and adopted

their recommendation

^to ^the ^City

^Council

^that ^the

subject easement be vacated

which action

^is ^reflected

in

the

findings of fact and.

conclusions

^of ^law ^of ^February ^21, ¹⁹⁹¹

attached hereto ^as

Exhibit

"C" and by this reference incorporated

herein

^as

if

^set ^forth ^fully.

NOW, THEREFORE CITY OF PENDLETON ORDAINS AS FOLLOWS:

SECTION 1. The City

Council

of the City of Pendleton finds

as follows:

A. A consent of the owners ^of ^the

requisite

^area ^has ^been

obtained.

B. The City

Council finds

that

notice

has been duly given.

C. The City

Council finds

that the

public

^interest

will

^not be

prejudiced

^by ^the

vacation

^of ^such

easement.

SECTION 2. The City

Council

of the City of Pendleton

hereby and forever vacates the following

described

easement:

The

fifteen

(15) foot

wide

utility

easement originally dedicated

^on the plat of Skyline Heights, located

within

the east half of lot 18 of

said

plat and as

depicted

^on

Exhibit

A attached hereto and

incorporated.herein

^by ^this reference.

SECTION ^3. The City

Council

^further

finds

^and ^orders

pursuant to ^ORS ^271.150 that a

certified

^copy ^of

this Ordinance

vacating the easement ^together with the map attached herein shall be filed for recording with the ^County ^Clerk. The

petitioner

^for

vacation

shall bear the recording costs and the cost of

preparing

and filing the

certified

^copy ^of ^the

Ordinance

and map. He shall also file a

certified

^copy ^of ^such

Ordinance

^with. ^the ^County

Assessor and the County Surveyor.

SECTION 4. The City

Council

^hereby ^adopts ^the ^Findings ^of

Conclusions

^of ^Law ^as recommended ^by the Planning

Commission

(Exhibit ^c).

PASSED by the vote of the

Council

Members present and approved

by the Mayor this

5

day of ??c? ₄ ^1991.

ATTEST:ciggiz?égé;;g

€§§§g;:?UL,/

Approved as to Form:

Legal

Description

^Approved:

(3)

R 233 as-'.:.ei;§;34

&XX\\§§l

2N-32'Q3BD

2900

FL 455 ^ODYEAR

UTILITY EASEMNT TO BE VACATED

PROPERTY OWNERS CONSENTING To VACATION

PROPERTIES ^“””

WITHIN

2oo/400'

OF PROPOSED VACATION ASSESSORS

HAP ^I200

BOUNDARY ^‘ I500

FARLEY ^—

I502 HAMPTON I-MMPTO

GE

00

HAMPTO/V

\

CITY OF PENDLETON--PLANNING DEPT.

EXHIBIT "A"

PROPOSED EASEMNT VACATION BEE}

~.~—~

1"=1oo'

1/7/91

^DES

(4)

new

Planning 0 Building Department

P.O. Box 190 ⁹ 34 SE. Dorion Avenue Pendleton.Oregon 97801

Telephone ⁽⁵⁰³⁾ 276-1811 March 6, 1991

R 233 ^Pé?digvj °R§:I:§§:§§uN1°:6.3i54

Parts of

Ordinance

No. 3454 not recorded with the main body of the ordinance due to their length are as follows:

1.

Exhibit

A: pages 2-15, the consent to

vacation

forms signed by 82% of the property owners

within

the affected

area;

2.

Exhibit

B: Resolution No. 1670,

which

scheduled a City Council public hearing on the ordinance for March 5, 1991;

3.

Exhibit

C: The findings of fact and

conclusions

of law from the Pendleton

Planning Commission meeting

of February 21, 1991.

All of these

exhibits

are

available

for review at the City of Pendleton Planning Department, 276-1811.

.Home

of

^the ^World ^Famous ^Pendleton Round~up . . ..

(5)

EXHIBIT A Page 2

I hereby consent to the

vacation

of that portion of the utility easement

depicted

on Exhibit A.

State of Oregon )

County of

Umatilla

⁾

On the

g3§}:

day

of<:AQ?®d??X2i&//I ,

1991, personally

appeared before me,

VNorma

^J.

Efarley,

^who ^being ^duly ^sworn

acknowledged this

instrument

to her voluntary act and deed.

Notary Public for Oregon My

Commission expires

NOTARY

PUBLIC

^-

OREON

MyCommissionExpires

_

State of Oregon )

County of

Umatilla

)

On the day of

,

1991, personally

appeared before me,

,

who being duly

sworn acknowledged this instrument to be

his/her

^voluntary ^act ^and

deed.

Notary

Public

for Oregon

Mycommissionexpires

(6)

EXHIBIT A Page 3

I hereby consent to the Vacation of that portion of the

utility

easement depicted on

Exhibit

A.

Owners of Tax Lot 1900 T2N, R32EWM,

Section

³ Bd

State of Oregon )

County of Umatilla )

On the

{Q

day of

"/H71 ,

1991, personally

appeared before

me, Kirk

R.

Tullis,

who

being

duly sworn

acknowledged

this instrument

to be his volunt -ry act and deed.

Notarly/Public

for Oregon

V

My

Commission expires [[Z_y:/£22

M ^I ^(‘?x ⁽ ^?x’

IQIIODZ EK_l7i(g.t\E‘

‘1D&\d(é’{;r;.m Of ^@790;

State of Oregon )

County of

Umatilla

)

on

the day of

gé?kggnijl _,

_1991, _personally

appeared

before

me,

Ro?erta ^L.[ ^Tullis,

^who ^being ^duly ^sworn

acknowledged this

instrument

to be

her/v?zniry

^act ^and ^deed.

Notary ublic for Oregon

‘

My Co

ission expires___/

‘

Z,

_{_}

(7)

EXHIBIT A Page 4

vacation

of that

portion

of the utility easement

depicted

on

Exhibit

A.

Section

³ Bd

State of Oregon

County of

Umatilla

)

On the day of

»?/mood/ca/) ,

1991, personally

appeared before

me,

^C ^rles ^W. ^W ^ht

,

who being duly sworn

acknowledged

this

inst¢ ment to be his voluntary act and deed.

V//?/w/aw

Notary Public

Zzr

^Oregon ^-

My

Commission

pires

é —/é’f9/

5 mgg/w

State of Oregon )

County of

Umatilla

On the

/ X ^*4

day of

/':?&z/¢/aaét/<«4:// ,

1991, personally

appeared before me, ^Sheila K.

Wrn'/

ht, who being duly sworn

acknowledged this

i

rument to b voluntary act a d deed.

?44.,4,%

^. ^Laaéy

Notary Public

foyoregon

My

Commission

expires

J7 ~/Q

^*~

9%

(8)

EXHIBIT A Page 5

I hereby consent to the vacation of that

portion

of the

utility

Exhibit

A.

Owners of Tax Lot 1503 T2N, R32EWM, Section 3 Bd

State of Oregon )

County of

Umatilla

)

On the 16th ^day ^of January

,

1991, personally

appeared before me, Charles T. Weeks, who

being

duly sworn

acknowledged this

instrument

to be his voluntary act and deed.

‘7’>”)a/t,¢La/uj U. ,1!/4/}

cV»/142%’

Notary Publi¢ for Oregon

My

Commission

expires

1-24-94

itufcuxmmm

State of Oregon )

on

the

16th

day of January

,

1991, personally

appeared before me, Ell n W. Weeks, who being duly sworn

acknowledged this

instrument

to be her voluntary act and deed.

5777;L4gLaAxJ*C7-/

gabmc?zz?‘

Notary

Publéb

^for ^Oregon

My

commission expires 1-24-94

(9)

EXHIBIT A Page 6

vacation

of that portion of the

utility

easement depicted on Exhibit A.

Owners of Tax

LotV24O1

^T2N, ^R32EWM,

^Section

³ ^Bd

/

“

‘

\

Yj4?tk¢1L%;(’ ^LAZA

;7,//J7/*

^/

₎

I / _f

Cizl? ^A4u¢€ /gguat//?wéa)

55¢’

/?b+¢” /{?»ML¢?;Z¢€,

State of Oregon )

Won

^the ^day ^of

^,

^1991, ^personally

C}

^appeared ^before ^me, ^R. ^H.

^Rothrock,

^who

^being

^duly ^sworn

0‘?

acknowledged this

instrument

to be

his

voluntary act and deed.

Notary

Public

for Oregon My

Commission

expires

State of Oregon )

County of

Umatilla

)

‘?x

^’

On the day of

,

1991, personally

appeared before me, Beverl

Rotékock,

acknowledged this

instrument

Notary

CPubl1@for

Oregon

My

Commission expires

^~

3-

(10)

EXHIBlT

^A

Page 7

vacation

of that portion of the utility easement

depicted

on

Exhibit

A.

Section

3 C

\—7//1

\

/ 4

^.

State of Oregon )

On the

(1%

^day ^of

()a«*~aaa?\ ^,

^1991, ^personally

appeared before

me,"Marion Certon,

acknowledged this

instrument

to be

his

SHIRLEE

A.HOPPER

NOTARYPUBUC-OREGON

MyCommissionExpires_D_é.ZL1.l2_‘£._

Notary

Public

for Oregon My

Commission

expires

State of Oregon County of

Umatilla

On the

/6‘?

^day ^of

E ^%t::gtf?: ^,

^1991, ^personally

appeared before me, G ce Ge

ton,

^who

being

duly sworn

acknowledged this

instrument

SHIIZLEY

^A.

HOPPER

NQTARY ^PUBLIC

^-

OREGON mmission

Expires

2

Nae,

Notary Public for Oregon

Mycommissionexpires

Myco

(11)

EXHIBIT

^A Page ⁸

I hereby

consent

^to ^the

vacation

^of ^that

portion

^of ^the ^utility

easement depicted

^on

Exhibit

^A.

Section

³ ^CA

State ^of ^Oregon ⁾

County of

Umatilla

⁾

On the

léz

^day ^of

<::h?/714¢A/?44/// ^,

^1991,

^personally

appeared

^before ^me, ^eagh ^B. ^awes, ^who ^being ^duly

sworn

acknowledged

this

inst

ment

^to ^b ^her ^Voluntary

act

^and ^deed.

or Oregon

expires y

»a?,@ ^r

Q

My

Commiss

⁰

State ^of ^Oregon ⁾

County of

Umatilla

⁾

On the ^day ^of

,

^1991,

^personally

appeared

^before ^me,

,

who being ^duly

sworn

acknowledged

this instrument

^to ^be

his/her

^voluntary

^act

^and

deed.

Notary

Public

^for ^Oregon

Mycommissionexpires

(12)

EXHIBIT A Page 9

vacation

of that portion of the utility easement depicted on Exhibit A.

Section

3 Bd

/)

₄

/“

z.¢¢7al,»wuA,l

V

State of Oregon County of

Umatilla

on

the

(4‘ iday

of

,

1991, personally

appeared. before me,L Reybu Em

Collis,

^who being duly sworn

acknowledged this instrument to be his voluntary act and deed.

Nota§y’Public

^for

Oregon

My Commission expires

£?22V?:ZE:j"

X14, 2%, able:

State of Oregon )

County of

Umatilla

)

_vK

4

On the

'~f

^day ^of

:::PrP4 ,

1991, personally appeared

Before me, Doris Collis,

who

being

duly sworn acknowledged this instrument to be her

Volungéiy/act ,M/m¢z2u74/

^and ^deed.

77%4%/

Notgiy

Public for

Ofegon‘/

My Commission expires

»£—

^¢_??-

^Zg

(13)

EXHIBIT A Page 10

vacation

of that

portion

of the

utility

easement

depicted

on

Exhibit

A.

L zff?o/W-

State of Oregon )

County of

Umatilla

)

On the

/35

^day ^of

§L?,/ZL4/Lit/¢~€;/* ,

1991, personally

appeared before

me,

^/@atricia S.

Chew,

who

being

duly sworn

acknowledged

this instrument

G/Z594 _Notary _Publi? ^7074/)5

_for _Oregon

My

Commission

expires

/Q{ay//€/

29

^OFFICIAL^SEAL

rwrsv

MOFFIT NOTARVPUBLIC^-OREGON

COMMESSIONNo.oo1eo9

MlSS|Oh

amass

OC-124,199-1

...m..m...,...

MYCOM

State of Oregon )

On the day of

,

1991, personally

appeared before me,

,

who being duly

his/her

deed.

Notary

Public

for Oregon

Mycommissionexpires

(14)

EXHIBIT A Page11

vacation

utility

Exhibit

A.

Owne:§%:f

^.'« ^Tax ^Lot ⁵⁰⁰ ^T ^N, ^R32EWM,^V ^Section ³ ^CA

#925/24” ^C~ /

State of Oregon )

County of

Umatilla

)

On the

4/39

^day ^of

^;Z5Mu4/m ^,

^1991, ^personally

appeared before

me, Albert"Nichols,

acknowledged this

instrument

to be his voluntary act and deed.

////N.

éj?otary

^Public ^for ^Oregon

My Commission expires ^« J”;

6 72454,

State of Oregon )

On the

gg?ééday

of .7¢?mua; 1991, personally

appeare before

me,

Ph llis

Nighols,

_who

_being

_duly _sworn

acknowledged this

instrument

to be

his/her

^{o untary} ^act ^and deed.

9%/%2A/lg

o ry Public for Oregon

Commissionexpires

;?~/3\~fZ§

(15)

EXHIBIT A Page 12

vacation

of that portion of the utility easement depicted on

Exhibit

A.

Section

3 Bd

State of Oregon )

On the

/eM5L

^day ^of

^J2g“4,a ,

1991, personally

appeared before me Beverly D.

Goodyear,

acknowledged this

instrument

otary

Public 4

for Oregon

My

Commission

expires ^-

‘K?

State of Oregon )

On the day of

,

1991, personally

appeared before

me, ,

who being duly

sworn acknowledged this

instrument

to be

his/her

deed.

Notary

Public

for Oregon

Mycommissionexpires

(16)

EXHIBIT A Page 13

Vacation

utility

easement

depicted

on Exhibit A.

//yi / _GLL4 E

State of Oregon )

On the

//it

day of

Qzawccxbq ,

1991, personally appeared before

me, May?aret E.‘ Winter,

who being’ duly sworn acknowledged

this instrument

to be her Voluntary act and deed.

"Lo/Ta/Vex, (ia/A/1ta«/

My

Commission expires

/ ~,25—

25

State of Oregon )

County of

Umatilla

)

On the day of

,

1991, personally

appeared before

me, ,

who being duly

instrument

to be

his/her

deed.

Notary

Public

for Oregon

Mycommissionexpires

(17)

EXHIBIT A

Page 14

I hereby consent to the vacation of that portion of the

utility

Exhibit

A.

Section

3 Bd and

Tax Lot 200 T2N, R32EWM,

Section

3 CA

,/oéwm Q’/\%:9‘1/?’/(0%

// ^V

State of Oregon )

County of

Umatilla

)

??

On the

//'/

^day ^of

v-::j2;57U?7j7 _,

_1991, _personally

appeared before

me,

^Henr ^J. Gerards, who being duly sworn

acknowledged this

instrument

to be 's voluntary act and deed.

Notary

La

Public for Oregon My Commission expires

MyCommissionExpkes June20, 1992)

State of Oregon )

On the day of

,

1991, personally

appeared before

me, ,

who

being

duly

instrument

to be

his/her

deed.

Mycommissionexpires

(18)

EXHIBIT A Page 15

I hereby consent to the vacation of that portion of the utility easement depicted on Exhibit A.

Owners of Tax Lot 3300 T2N, R32EWM, Section 3 CA

CITY

NDLETON

By: ^,

gig» /2?C>€§Q5b»x_—«

/;/

^City ^Manager

L’

State of Oregon )

On

the/0&3

^day ^of

gh

E53

,

1991, personally

appeared before me, Jon S. Nelson, who being duly sworn

acknowledged this

instrument

to be the City of Pendleton's

D

SHmLE§A_Hop§E:

NOTARYPUBLIC^-OREGON ^My Commission expires

MyCommissionExpires

State of Oregon )

On the day of

,

1991, personally

appeared before me,

,

who being duly

his/her

deed.

Notary

Public

for Oregon Mycommissionexpires

(19)

EXHIBIT B Page 1

RESOLUTION

#1670

WHEREAS,

it

appears to be

in

the public

interest

for the City of Pendleton to

consider vacation

of the following public easement:

The

fifteen

(15) foot

wide utility

easement

originally

dedicated on the plat of skyline Heights, located within the east half of lot 18 of

said

plat and as depicted on Exhibit A attached hereto and

incorporated

herein by

this

reference.

AND WHEREAS, ORS 271.130 and the

city subdivision ordinance

require that a public

hearing

be held on such

vacations,

and that

notice

be given to the public,

NOW THEREFORE THE CITY OF PENDLETON RESOLVES AS FOLLOWS:

Section

1. A public

hearing

on said

vacation

shall be held at 7:35 p.m., on the 5th day of March, ¹⁹⁹¹

in

the Vert Little

Theater; at which time the recommendation of the Planning

Commission will

be presented; and,

Section

2. The City Recorder is hereby directed to

give notice

of the public

hearing

by

publishing

a notice

in

the East Oregonian, a newspaper of general

circulation within

the City of Pendleton, once each week for four consecutive weeks, said

notice

to describe the easement proposed to be vacated, and any objection or remonstrance which may be made

in

writing and

filed

with the City Recorder

prior

to the

time

of

hearing, will

^be

considered;

and,

Section 3. Within five days after the first day of

publication of the notice the City Recorder shall cause to be

posted at or near each end of the proposed

vacation

a copy of the notice

in

at least two conspicuous places

in

the proposed vacation area, provided that the posting and

first

day of publication of such

notice

shall be not less than 28 days before the hearing; and

Section 4. Inasmuch as it is necessary for the immediate

preservation of the peace, health. and safety of the City of

Pendleton that this

Resolution

shall have immediate effect, and emergency is hereby declared to

exist,

and this Resolution shall be

in

full force and effect from and after its passage by the Council and approval by the Mayor.

PASSED by vote of the Council Members present and approved by

the Mayor this 5th day of February, 1991.

(20)

EXHIBIT B Page 2

APPROVED: ^V

ayor

ATTEST:

/W-2%;

0/ City Re order

APPROVED AS TO FORM:

//:;9{’M. Mu§E3::§if§7Attorney

, /

LEGAL DESCRIPTION APPROVED: ^~

_

. A, ?

E?§ineering Department

(21)

24

2N-32-O..3BD

_R

F/_4gg

GOODYEAR

UTILITY

S\XK\_:\§! EESBEIEE’

^‘T

VACATED PROPERTY OWNERS CONSENTI NG TO VACAT I ^ON PROPERTIES

________

WITHIN

200/400

^’

OF PROPOSED VACATION ASSESSORS

- -- - HAP

moo

BOUNDARY ¹⁵⁰⁰

‘S02 ^HAMPTON

FARLEY

I-/AMPTO

\\I ^_

I00^HM,”

CITY OF PENDLETON--PLANNING ^DEPT.

EXHIBIT "A"

PROPOSED EASEMENT ^VACATION

.._._______.L¢_4

I

1":1oo'

1/7/92

^DES

(22)

EXHIBIT C Page 1 PLANNING COMMISSION MINUTES

VERT LITTLE THEATER FEBRUARY 21, ¹⁹⁹¹

A regular scheduled Planning Commission meeting was held on February 21, 1991at 7:00 p.m.,in the Vert Little Theater. Commission members present included: Chairman Gary Burnett, Vice—Chairman Dave Thompson,Ellyn Weeks,Alan Wilcox and Jerry Imsland. Excused: Bill Griffith and BillKyte. Staff members present included: Planning Director Mike Hydeand Secretary Marge James. Jim Mann, East Oregonian represented the news media.

MINUTES:

Mr. Wilcox moved to approve the minutes of the February 7, 1991 meeting as presented. Mr. Imsland seconded the motion and it carried unanimously.

SCHEDULED MATTER ^- RECOMMENDATION TO CITY COUNCIL ON A PROPOSAL TO VACATE A UTILITY EASEMENT AT 1033 N. W. 12TH DRIVE BYCHARLES AND SHEILA WRIGHT AND THE CITY OF PENDLETON.

Chairman Burnett opened the public hearingon the above request andexplainedthe public hearing procedure.

Ms.Weeks mentioned she has acon?ict; as she isaneighboringproperty owner, and has already signeda form consenting to the vacation.

There being no one speakingin favor, Mr. Hydepresentedthe staff report as on file.

Mr. Hyde explained that the vacation request was initiated by the City ^of Pendleton for the rerouting of utilities on this lot for construction of the new home. All ofthe utilities have been relocated and 82 percent of the consent forms have been signed.

Vice—ChairmanThompson entered at this time.

Chairman Burnett called for anyone speakinginopposition, there being none, Mr. Burnett closed the public

hearing. ⁴

Mr. Imsland asked if Dr. Earlyhad been notified of the request, and if there was anydetriment to his property.

Mr. Hyde said Dr. Early’s property would ^not be effected.

There being no further testimony, Mr. Imsland moved to recommend the following Findings of Fact and Conclusions of Law to the City Council for their consideration of the vacation ordinance ^at their March 5,

1991meeting:

FINDINGS OF FACT:

1. Article IX of the Subdivision Ordinance, Sections 51 and 52, ^sets forth the procedure ^for vacation (abandonment ofa street or platas follows:

SECTION 51 INTENT. It is the intent of this ordinance to follow Oregon Law with respect

to vacations, and if inconsistent, Oregon Law shall control.

SECTION 52. ^— VACATION BY PETITION. A. Whenever anypersoninterested inany 774real property desires to vacate all or part of any street, avenue, boulevard, alley, plat public square ^or other public place,such personmayfile apetition therefore setting forth a

PLANNING COMMISSION MINUTES ^- FEBRUARY 21, 1991^~ Page 1

(23)

EXHIBIT C Page 2 legal description of the ground proposed to be vacated, the purposefor which the _ground is proposed to be used and the reason for such vacation.

B. Consent. There shall be appended to such petition,_{as a part} thereof and as a basis for granting the same,the written notarized consent of the ownersof all abutting property and of not less than two—thirdsin area of the real property affected thereby. The real property affected therebyshall be deemed to be the land lyingon either side of the street or portion thereof proposed to be vacated and extending laterallyto the next street that serves as a parallel street, but in anycase not to exceed 200feet, and the land for a like lateral distance on either side of the street for 400 feet along its course beyond each terminus of the _part proposed to be vacated. Where a street is proposed to be vacated to its terminus,the land embraced in an extension of the street fora distanceof 400 feetbeyondeach terminus shall also be counted. In the vacation of any plat or part thereof the consent of the owner or owners of two-thirds inarea of the property embraced within such plat or part thereof proposed to be vacated shall be sufficient, _except where such vacation embraces _street area, when,as to such street area the above requirements shall also apply. The consent of the owners of the required amount of _property shall be in writing and duly acknowledged before an officer authorized to take acknowledgementof deeds.

C. Filing of Petition; Notice. The petition shall be presented to the City Recorder. If found to be sufficient, the City Recorder shall ?le it and inform at least one of the petitioners when the petition will be considered bythe City Council. A failure to givesuch information shall not be inany respect a lack ofjurisdiction for the City Councilto proceed on the petition.

D. Action by Council. , The City Council, if it finds that such vacation isnot in the public interest or would interfere with the existingor future street patter/vehicular circulation,may deny the _request (petition), but if there appearsto beno reason why the petition should not

be allowed in whole or in part, the Council shall, by resolution, fix a time for a formal hearing upon the petition, and refer the matter to the CityPlanningCommission for review and recommendation to the Council regarding the complianceor non-compliance of the proposed vacation with the adopted ComprehensivePlan and implementation ordinances.

If the vacation of a _street, avenue, boulevardor alleyisto be considered at apublic hearing, said resolution and resultant hearing notice shall also contain languagethat; if vacated, the property will be zoned in accordance with the ComprehensivePlan,and indicate the proposed use zone. Vacation _{of areas} previouslyzoned shall not invalidate the zoning.

E. Notice of Hearing. The City Recorder shall givenotice of the petition and hearingby publishing a notice in a City newspaperonce each week for four consecutive weeks. The notices shall describe the ground covered by the petition, givethe date it wasfiled, the name of at least one of the petitioners and the date when the petition, and any objection or remonstrance, which maybe made in writingand filed with the City Recorder prior to the time of the hearing, will be heard and considered.

Within five (5) daysafter the first dayof publication of the notice, the City Recorder shall cause to be posted at or near each end of the proposed vacation a copyof the notice which shall be headed, "Notice of Street Vacation," Notice of Plat Vacation," or "Notice of Street and Plat Vacation,“ as the case maybe; the notice shall be posted inat least two conspicuous places in the proposed vacation area. The postingand first dayofpublication of such notice shall not be less than 28 daysbefore the hearing.

The City Recorder shall, before publishingsuch notice, obtain from the petitioners a sum of

$200 to cover the cost of publication, posting and other anticipated expenses. The City Recordershall hold the sum soobtained until the actual cost isdetermined,when the amount

of the cost shall be paid into the City treasury and the surplus, if any, refunded to the depositor.

PLANNING COMMISSION MINUTES ^~ FEBRUARY 21, l99l ^— Page2

(24)

EXHIBIT C Page 3 F. Hearing; determination. At the time fixed bythe City Council for hearing the petition and

anyobjections filed thereto or at anypostponement or continuance of such matter, the City Council shall hear the petitions and objectionsand shall determine whether (1)the consent of the owners of the requisitearea has been obtained; (2)whether notice has been duly given;

(3) whether the public interest will be prejudiced bythe vacation of such plat or street or parts thereof; and (4) whether the Planning Commission has reviewed said request and provided a written recommendation thereof. If such matters are determined to be infavor of the petition, the CityCouncil shall byordinance make such determination a matter of record and vacate such platorstreet; otherwise,it shall deny^the petition. The CityCouncil may,upon hearing,grant the petition inpart and denyit in part, and make such reservations, or either, as appear to be for the public interest.

2. The vacation request wasinitiated bythe Cityof Pendleton and is a result of the rerouting of utilities on this lot to accommodate construction ofa new home.

3. A legal description of the area proposed to be vacated is included in the Resolution and Ordinance and has been certified as correct bythe EngineeringDepartment.

4. Written, notarized consents have been obtained from property owners representing 100 percent of the frontage on the easement proposed to be vacated and of property owners representing 82% of the real property affected thereby (seeExhibit A).

5. On February 5, 1991,the City Council adopted Resolution #1670, which accepted ^the vacation petition, scheduled a Council hearing for March 5, 1991, and referred the request to the PlanningCommission for comments.

6. The job of the PlanningCommission isto review the proposed vacation forcompliance with the 1990 Comprehensive Plan and implementingordinances. The existing easement was dedicated to the public as part of the Skyline Heights plat. It contained a public sewer line as well as television cable, telephone and underground power (see letters from the utility companies in agenda). The Wright’sare constructing a new home on this lot and are dedicating a new easement to the public, which runs along their border with the Early property (see map). Utilities have been relocated,which renders the old easement obsolete.

Thus, it should be vacated to remove itfrom the plat records.

On December 16, 1980,the CityCouncil adoptedastandard condition to be placeduponall land use requests to protect the city taxpayer from any costs of potential appeals to the decisions. This condition shall be applied in this case as well.

CONCLUSIONS:

1. The request will meet all the requirements of Ordinance No. 3251 and the comprehensive plan, provided that conditions are imposed.

2. The _request is valid.

RECOMMENDATION: That the Planning Commission recommend to the CityCouncil approval ^of an ordinance vacating this easement, subjectto the followingconditions:

1. The applicant has the burden ofproof regardingall requests affecting this subject _property, and the applicant recognizesthat it is the sole obligationof the applicantto substantiate this request.

Ifany administrative review, suit or action isinstituted in connection with any appeal of this decision, the applicant shall berequired to either (1) reimburse the City for all costs incurred in defending this action, includingbut not limited to attorney fees, staff costs, anymaterials and other related costs, or (2)notify the Citythat the applicant does not desire to undertake such costs and will drop itsrequest.

The applicant shall notify the City Managerwithin five (5) days from City’s receipt of any notice of appeal by delivering awritten statement to the CityManager within said five (5) PLANNING COMMISSION MINUTES ^- FEBRUARY 21, I991 ^- Page3

(25)

EXHIBIT C Page 4 days advisingthe City Managerwhether the applicantwillreimburse the City for all costs as described above or desires to drop the request.

In the absence of written communication from the applicantwithin the allotted five (5) days the City mayat its option presumethe applicant ^desires ^to drop the request and the City shall have no obligation to defend the appeal.

In appeals involvingquestions of City—widesigni?cance, the CityCouncil maydetermine to

participate in part of the costs specified herein. Nothing in this condition shall affect

applicant’sright to retain independent counsel in making their own legal appearance upon appeal.

Inany^suit ^or action, includingrescission, is instituted bytheapplicant in connection with any controversy arisingout of this request, there shall be taxed and allowed to the City as a part of the costs of the action, a reasonable amount to be fixed bythe court as attorney fees in such suit or action, both at trial and upon appeal.

Mr. Wilcox seconded the motion and it carried unanimously.

SCHEDULED MATTER ^- REQUEST^FOR ^A ^VARIANCE TO ORDINANCE NO. 3250 TO ERECT AN ADDITION TO BUILDING K AT EOTC WITHIN 13 FEET OF THE FRONT PROPERTY LINE, AT 2525 WESTGATE.

Chairman Burnett opened the public hearingon the above request.

Terrell Rudolph,1224 S.W. 44th, Pendleton was sworn. Mr. Rudolphspoke in behalf of E.O.T.C. The plan is to provide a commercial kitchen for meals preparation for the residents, a commissary to permit more economical bulk purchases. The existing K building which was originally intended for a kitchen will be renovated to serve as a commissary. The building would be closer than the required ^front yard ^setback abutting Hwy30. We would still have adequate amount of parking.

Mr. Imsland asked if there would be any buildings torn down? Mr. Rudolph replied no.

Jim Lynch, AIA, 215 S. W. lst, Pendleton was sworn. Mr. Lynch said he is in favor of the request and will answer anyquestions the Commissioners might have.

Mr. Imsland questioned the setback from the highway. Mr. Lynchsaid 13’and the ordinance requires 20’.

Chairman Burnett called for anyone else speakingin favor. There being no further testimony, Mr. Hyde presented ^{the Staff} Report as on file.

Mr. Wilcox asked if there was a setback requirement for the parkingarea. Mr. Hyde replied no.

Chairman Burnett called for anyone speakingin opposition. There being no further testimony, Mr. Burnett closed the public hearing.

Mr. Wilcox said the staff report covered all concerns regarding the variance and felt there should be no problem in the event the highwayever went to five lanes. Mr. Imsland said he hoped it wasn’t too close to the property line in the event the highwaywould take it later. Ms. Weeks said she didn’t have a problem with the request and Vice—Chairman Thompson asked if any correspondence ^was received from the highway division. Mr. Hydesaid the HighwayDivision has been givenanopportunity to comment and no objections were received. Highway Division personnel helped locate the rightof wayline for the applicants.

Mr. Wilcox moved to adopt the following Findingsof Fact and Conclusions of Law and approve the request.

PLANNING COMMISSION MINUTES ^- FEBRUARY 21, 1991^— Page 4

(26)

1.8127? R203'r AL=E1i32.

1.8127’?

R 203 'r‘AL=E1i32.

CONCLUSIONS

pursuant

Ordinance

initiated proceedings

public

easement described

pursuant

basis

granting

consent

thirds in

property affected

consented

vacation

evidenced

Exhibit

this

incorporated herein.

petition

pursuant

advised

petitioners

petition will

Council.

pursuant

Council

appeared

reason

petition

time

petition, pursuant

Resolution

attached.

Exhibit

this

herein, which Resolution

vacation proceedings

easement hereinafter described

fixed

time, in

objections

remonstrances

Vacation

said easement.

pursuant

notice

petition

published in

official newspaper

consecutive

with said notices

description

ground

petition,

petitioners,

petition

objection

remonstrance which

in

with

officer

time

will

considered.

officer five

first

notice

Vacation

notice

"Notice

Vacation“

in

in

vacation

with said posting

eight

Pendleton

^attached.

^easement hereinafter described

^petition

^notice

^with ^said ^posting

^Council

R 233 ^Pé?digvj °R§:I:§§:§§uN1°:6.3i54