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Home My WebLink AboutRun - Vacation CITY OF ASHLAND Certification of True Copy I certify that I have compared the foregoing document, Ordinance #2918 dated Apri1l9, 2005, and that it is the foregoing true and correct copy. Dated this 21 sl day of April, 2005. B,L tkA~J Barbara Christensen Ashland City RecorderlTreasurer Ashland, OR ~-- '< " ~ ~\ ~} yOIl AT r;., '" ... ~ ~\: I~~'t"'" : .': ,~m>1.. %1\ ~'l...: 1 / \~....._..~~/./ o It 1\ ('. "." " ~~~, "'-'" 'I~. ,#~.""" . 3/ ED CITY RECORDERlTREASURER 20 E MAIN STREET Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us Tel: 541-488-5307 G""" ,no '.'" ,""', I '''''"I ,ED . 'J.y t.~\~: t' {.::... ~ I, _~ !j"..;' 1. }: (:~Opy Jackson Co>;"t} Off:Clal Record, 2005-022588 R-V Cnt~ 1 S",~5 8N1TLEGe04/21/2005 01 :10:23 PM 5:5005500$11,00 Total:$31.00 Ii 111111 III III I Ii 01105600200500225880030037 " ,.< ath,ea' S B.t<cfo en, County Clerk for Jac".sot1 Counl~, Oregon t~111ry 11:al :1,& In~trument Identified herei., was ~ecorded in l'le Clerk record~ Katr.leef'l S Beckett - County Clerk ORDINANCE NO. 8-Cl l "6 AN ORDINANCE VACATING A PORTION OF PLACER RUN THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: . SECTION 1, The portion of right-of-way along the northerly section of Placer Run as more particularly described on the attached Exhibit A is vacated. 2005, and duly PASSED and ADOPTED this ~~~ .5 of APn.I 1'1 day of A;,.;,! , ,ZpoS- The foregoing ordinance was first READ on the ,2005. " Barbara Christensen, City Recorder ,. t' day of A.'i;?'r'll , 2005. ~~----- o n W. Morrison, Mayor SIGNED and APPROVED this ;L\ C'\\ ...... ....., '''''''1 .~..I E D ... '; ~'.< t'C . ,~. 'c' " '_,c. ;; ~'" ~ J. ill COpy EXHIBIT A VACTION OF A PORTION OF PLACER RUN Commencing at the southeast corner of Parcel No. 2 of that Land Partition filed ;I as Partition Plat No. P-41-1996 ofthe records of Jackson County Oregon; thence North 89056'21" West along the north right of way line of said Placer Run, 81.08 feet to the True Point of Beginning; thence continuing along said North right of way line along the arc of a 40.00 foot radius curve concave to the Southwest, the chord of which bears North 89056'21" West 51.18 feet, a distance of 55.53 feet; thence leaving said right of way line, South 89056'21" East, 51.18 feet to the point of beginning. d-/ G:\pub-wrl<s\admin\PB Councll\Sfreet Vocations Dedicatlons\Placer Run Vocation Ordinance exhibit A AprS05.doc CITY OF ASHLAND Please Publish: ATTENTION: Shannon ,- u>~ttJ llof1u. 7'''- 4?bCf Tidings - Tuesday March 15th and March 29th Refer to P.O. 52895 Questions? Please call Barbara Christensen at 488-5307 NOTICE OF PUBLIC HEARING Pursuant to Ashland Municipal Code Chapter 4.16 and ORS 271.080 to 271.150, the City Council of the City of Ashland will conduct a public hearing on April 5, 2005 at 7:00 p.m. in the Council Chambers, 1175 East Main Street, Ashland, Oregon, to hear the petition for, and any objections to, the vacation of a portion of Placer Run. Commencing at the southeast comer of Parcel No.2 of that Land Partition filed as Partition Plat No. P-41- 1996 of the records ofJackson County Oregon; thence North 89 degrees 56'21" West along the north right of way line of said Placer Run, 81.08 feet to the True Point of Beginning: thence continuing along said North right of way line along the arc of a 40.00 foot radius curve concave to the Southwest, the chord of which bears North 89degrees 56' 21" West 51.18 feet, a distance of 55.53 feet; thence leaving said right of way line, South 89degrees 56' 21" East, 51.18 feet to the point of beginning. Publish: March 15 and 29, 2005 Barbara Christensen City Recorder )> o o o c Z --l 'It ~ I .~ ~ i~ I ~ ~ I~~ ~I Z I o en o _ :D Gl o z Om ~ 9 --l ~ ... c m III :D :;; ::! o z,.... 3: ::j m c "tl c: :II o ::J: :I> III m o :II C m :II )> ;;:: o c: Z --l JJOozm< I . ~JI ~ ~ ~ 3: ~ ~ ;J> "tl :r..,^ c: !j;co ""('1 ~\::zrn.,.._ :::E:~~c~..&..-I ~m!ilzr--< m~~~:l>o - ......0::11 CJ) OZm Z... ... '" m ..... CII-IO o .. o co o o )> --l m ~~ ~~ ---r-r RESOLUTION NO. 05- \ 0 RESOLUTION SETTING A PUBLIC HEARING TO HEAR A PETITION FOR AND ANY OBJECTIONS TO, THE VACATION OF A PORTION OF PLACER RUN THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Pursuant to Ashland Municipal Code Chapter 4.16 and ORS 271.080 to 271.150, the City Council of the City of Ashland will conduct a public hearing on April 5, 2005 at 7:00 PM in the Council Chambers, 1175 East Main Street, Ashland Oregon, to hear the petition for, and any objections to, the vacation of a portion of Placer Run. SECTION 2. The City Recorder i$ directed to give notice of the petition and hearings by publishing a notice in the Daily Tidings, once each week for two consecutive weeks prior to the hearing and such other notice as may be required by ORS 271.110. SECTION 3. This resolution takes effect upon signing by the Mayor. The resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this 2~ . ~'<<<<~-J Barbara Christensen, City Recorder / dayof ~ Reviewed as to form: , W. Morrison, Mayor PAGE 1 - RESOLUTION C:\DOCUME-1\slephens\LOCAlS-1ITempICC Placer Run Res PH 1Mar05.doc o ~ .-YJ: I ~~., A 'n ~~< "',t!iL r, 4' ~ ~~r~~" ~~~ ~ i~ 'L - - r ~/:)';. (i1< 'NI":' ~ >~"!r?~~ ;.1 Ir"; ,~;r,~!c · , -. ., \,'~ ~' ~';';".~'::I/~~;~~,M; V: '1 ~" . ~ ,.... ~ '( ,j '...11_1 <?~, I . ).)[\ d :1f1 j', ,AlI~' /-; '---.' " I , . / y"" ~" """., .... ~,:"ALK'RAV~ / ~ lEI' ~"~. ( :..c: . I 0 " lilt ~ ~ P! ~ ~ 0 '" ~ ~ . ~ [ ,.. ;t~"" , "'" o '" ~~~~ U~~~ o ~~~~ ;." :g ~p ~~ m~ ~ ti'.,i< . "",., rr.J. r ~~ n.o o~~ 'Tj-en '"dO...., r-<Z'Tj >00 n'Tj;;o ~>'"d ;;o'"d;;o ~oo ;;o'"d ....,0 _en otr:l ZO n"'d2/; ~,." · -Ti '. l"~\' ,(t(')'iS"':.Jf":. ~ ..i ..1/ J' I. :..........I 'WAc' . " . ,1,.1, ,-1(: 'A ji' {~l.d' .0 '. /, ~ TOLM:iCRm~ .'~ ~~ co/'-r=// 'A:-~~ / L h h' o~V ')/-/} ~. y.//~< ~~ WI ""''', . '0\ .'/ o~~ ?}~f/ ~ ' .p~ .... v,(.---' _ j 1\ .~ / r-c;- 'i ~P- 5~t"I ~ ...,. .. >-3 .. -t ~r--< ~~O ~Z"l1 ~O ~ {i r fi7 ~ A If! U5.SJ' ---'1 : ~ -N. ~... ,ft\. =:i. ,\\\,-tl 0(41 ... .!t......~ :- _ /.....n.......-. ~_.-- II SS ~ : - ._..--....-f..-:.--- I: \, ~""".".:.'. ..,.".,.,.':~::::::::l:~""----'-'----': III .......---..---- ........ .,.., ....,- . .' ~, \::::>.,.,' <:.. ,~ . . ". . . . . . . . . . . e.- . . . . . . il . . . . . . ~'\ ........ ,... G) ,-ID se; ir- \1;;' '() Y1 ~ ~'\ ~ U vI, )> ::0 ~ --i o OJ m .-,.. ~ ,,'.- n ~ m a ! .. ., r- 3: :::::j 6 ,,, ~ ." m ~ m a )> ::0 ~ --.--.-.---.------.--- .------.----.---------------.. 'J> ;") I> ~- - 11 . : 'I ~ ~ la ./.--........_- ,'-".'.:,'-'- -:.....-- :SID ~g r; - - - '! ~ " 'fr !;! '" a ~ := \S) ~ ~ID !l~ ir ii ''''.t.' ~! ,. ~ lis ,~ r; -i-'~ _\p 1Il'fr I; ~ ,.~ l;; ~ ~ Ii ~ ~ f.,,~lt ~.fa ~ = ~ ti ... .. . --'--. ... I -\t \l~-'l'\ . , \ . \,'\}' ..--............ .............- .,."- ..-- p,,- ....... - - - ........ .. . . . . . ~B CI ~ ....... = - ;",h .. ... is;S .. 8 - : i Date FlIed: / - /tIf-~ 6 PE11TION w. !he II'IdenIgned property _ I8IldIng on or near Placer Run do henlby petlUon!he ClIyCounclllo InIlleta pIllCHdfngo 10 _. poI1lonof!he PlecerRun rtghtof wey.. dedicated to !he ClIy of Ashland on !he pie! of !he Pleoer Run Subdivision, Phase II, now of I800rd belng more perUculerty deac:rtbed .. follows: Commencing et!he eoutheeal comer of PenleI No. 2 of1het Land PerIltIon fled.. PerIltIon Plat No. P-41-1996 of !he _ of Jecklon CounIy Oregon; Ihence North 88'68'21" WHt along !he north r1ght of wey Ina of aaId Placer Run, 81,08 feello!he True Polnt of Baglmlng; Ihence continuing along aaId North r1ght ofway lna along !he ""'of a 010,00 foot redlus curve concave to !he Soulhwest,!he chord ofwl1lch baa.. North 89'58'21" West 51.18 fee~ a distance of 55,53 feet; thence laavlng said right of way llna, South 89058'21" Eaat, 51.18 feet to tha point of beginning. We do further warrant 1het ,!he slgnatures balow represent 100% of the proper1les abutting the Proposed vacation, and at leaat 88% of the affectecl area wI1lch Hes wfthln 200 feet on either side and 400 feet from the ends of the public right-of-way proposed for vacation. 2 !i ' ,,'/ Y- '/'1CJ b JAAA,IM!J' .,9.1.- /40 ~Jnd..:J,,4 S".rs-P~~_. A.. t TAXI OT NO /tJtIr",rfJ 7 I nfYAt'J59 - / .~ 7 S . . t. ---;. - 11 12 13 ,. ,. t!.I;jl~ _.c:--" -r:- AI......" ~_ .S'~e. Nl.I Iv~(;~..r; ItJ I~ UAtt('JN"'/ ~f: ~ ~....... 'U"oII J... bS'.~JJi1_ 'T ~IS /"'''?~-3.. . .$'AwM.s IO'lOqqS-;t, ~ ~ I ('1"l."I-~(')I- S-- ----... County of Jackson ) ) State of Oregon J, /_ . ett.,t. ~ I, belng ens of the pl1nclpel proponents of !he "propoeed do hereby oubscrfba and _r1hetthe &bow oIgnatureswere taken In my presanos end the slgnaturea of!he pereons owning property abutting orwfthln!he area atfectecI by e proposed vacation. . .-..,..,.~;. - """""- NANCY a 8&.OCUM IIOTAIlY PIl8UC . ...... . ..~1aION NO. 171. EINIIIPL .. ., ~ Slgnatu ~ CITY OF ASHLAND Council Communication Resolution Setting a Public Hearing to Consider the Vacation of a Portion of Placer Run Meeting Date: Department: Contributing Departments: Approval: March 1,2005 Public Works Legal, Planning Gino Grimaldi Primary SlaffContact: Jim Olson, 552-24]2 olsonj({vashland.or.us; Presented by Joe Strahl, 552-2411, slrahlj@ashland.or.us Secondary Staff Contact: John McLaughlin 552-2043 mclaughlinj@ashland.or.us Statement: A petition has been reccived requcsting the vacation of a 323.95 square f()ot circular segment of the Placer Run right-of-way. The vacation was prcscnted to the Ashland Planning Commission on February 8, 2005 where a unanimous decision to approve the request was received. Public Works operating divisions and Fire Department have expressed approval of thc vacation. A public hearing is required to continue with the vacation process. Background: Placer Run Subdivision was platted in 1998 and dedicated the public street known as Placer Run. The two properties on the north side of Placer Run were created prior to the creation of Placer Run. The lots originally were served from a private drive, which was latcr to be dedicated as a public street (Placcr Run) and the common north boundary line was configured to accommodate a 40 foot radius cul-de-sac. When Placer run was dedicated in 1998 its north right-of~way line conformed to the previously established property line including a 40 foot radius circular arc. Placer Run was originally intended to terminate at a cul-de-sac, however, during construction planning it was determined that because of the streets short length and the location of driveways a hammerhead terminus was the preferred alternative. Although the north side of the street includes a 40 foot radius are to accommodate a cui-dc-sac, that same are was not replicated on the south side. The curb on the north side of the street was installed in a straight alignment and did not follow the are of the right-of~way and the area is not being utilized for street nor utility purposes. The property at 520 Placer Run, owned by Mr. Erie Dukes is adversely affected by the circular are protrusion into his lot as the building set backs are measured from the point closest to his proposed home, which is the are. The most usable and level portion of his lot is closer to the street and he has requested that the unused circular arc be vacated so that he can site his home G:\pub-wrks\admin\PB Council\Strccl Vacations Dcdications\CC Placer Run Vacation Dukes PII Setting] MarOS.doc r~' closer to the street on the more buildable portion of his lot. Mr. Dukes has presented a petition bearing ten signatures representing over 2/3 of the affected area, requesting vacation of this area. The required $500.00 filing fee has been received. Related City Policies AMC Chapter 4.18 sets guidelines for City Planning Commission and staff review of vacations and further refers to the Oregon Revised Statutes for procedural control. Vacation of public rights-of-way within incorporated cities is controlled under ORS Section 211.080. Section 271.080 through 271.120 are reprinted as follows: VACATION 271.080 Vacation in incorporated cities; petition; consent of property owners. (I) Whenever any person intcrested in any real property in an incorporated city in this state desires to vacate all or part of any street, avenue, boulevard, allcy, plat, public square or other public placc, such person may file a petition therefore setting forth a description of the ground proposed to be vacated, the purpose for which the ground is proposed to be used and the reason for such vacation. (2) Thcrc shall be appended to such petition, as a part thereof and as a basis for granting the same, the consent of the owners of all abutting property and of not less than two-thirds in area or the real property affected thereby. The real property affected thcreby shall be deemed to be the land lying on either side of the strcet or portion thereof proposed to be vacated and extending laterally to the next street that serves as a parallel street, but in any case not to exceed 200 feet, and the land for a like lateral distance on either side of the street for 400 feet along its course beyond each terminus or the part proposed to be vacated. Where a street is proposed to be vacated to its termini, thc land embraced in an cxtension of the street lor a distance of400 feet beyond each tcrminus shall bc counted. In the vacation of any plat or part thereof proposed to be vacated shall bc sufficient, except where such vacation embraces street area, when, as to such street area the above requirements shall also apply. The conscnt of the owners of the required amount of property shall be in writing. [Amended by 1999 c.866 S2] 271.090 Filing of petition; notice. The petition shall be presented to the city recorder or othcr rccording officer of the city. Iftound by the recorder to be sufficient, the recorder shall file it and inform at least one of the petitioners when the petition will come berore the city govcrning body. A railure to give such inlormation shall not be in any respect a lack of jurisdiction for the governing body to proceed on the petition. 271.100 Action by council. The city governing body may deny the petition aftcr notice to the petitioners of such proposed action, but if there appears to be no reason why the petition should not be allowed in wholc or in part, the governing body shall fix a timc for a formal hcaring upon the petition. 271.110 Notice of hearing. (I) The city reeordcr or othcr recording officer of the city shall give notice of the petition and hearing by publishing a notice in the city official newspaper once each week for two consccutive weeks prior to thc hcaring. If no newspaper is published in such city, written notice or thc petition and hearing shall bc posted in thrcc of the most public placcs in the city. The notices shall describe the ground covered by the petition, give thc datc 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 hearing, will be heard and considcrcd. (2) Within five days after the first day of publication of thc notice the city recording officer shall cause to be posted at or near each end of the proposed vacation a copy of the noticc which shall 2 CITY OF ASHLAND be headed, "Notice of Street Vacation," "Notice of Plat Vacation" or "Notice of Plat and Street Vacation," as the case may be; the notice shall be posted in at least two conspicuous places in the proposed vacation area. The posting and first day of publication of such notice shall be not less than 14 days before the hearing. (3) Thc city recording officer shall, before publishing such notice, obtain trom the petitioners a sum sufficient to cover the cost of publication, posting and other anticipated expenses. The city recording officer shall hold the sum so obtained until the actual cost has been ascertained, when tbe amount of the cost shall be paid into the city trcasury and any surplus refunded to the depositor. [Amended by 1991 c.629 S 1] 271.120 Hearing; determination. At the time fixed by the governing body for hearing the petition and any objections filed thereto or at any postponemcnt or continuance of such matter, thc governing body shall hear the petition and objections and shall dctermine whether thc consent of the owners of the requisite area has bcen obtained, whether notice has been duly given and whether the public interest will bc prejudiced by the vacation of such plat or strcet or parts thereof. If such matters are determined in favor of the petition the governing body shall by ordinance make such determination a matter of record and vacate such plat or street; otherwise it shall deny the petition. The governing body may, upon hearing, grant the petition in part and deny it in part, and make such reservations, or cither, as appcar to be j(lr the public interest. Council Options: Council may deny thc petition in its entirety. Council may accept the petition and approve the resolution setting the public hearing datc. Staff Recommendation: Staff recommends approval of the attached resolution to set a public hearing for the vacation of a portion of Placer Run. Potential Motions: Council may move to deny the petition and notify the applicant of such actions. Council may move to approve the resolution setting a public hearing. Council may move to delay action on this issue pending further review. Attachments: Rcsolution Vicinity Map Detail Map G:\pub-wrks\admin\PB Council\Strcct Vacations Dcdications\CC Placer Run Vacation Dukes PI I Selling IMar05.doc 3 r~' Memo CITY OF ASHLAND Date: From: To: Re: January 20'~ Jim Olson Paula Brow ,John McLaughlin PROPOSED VACATION OF A PLACER RUN RIGHT OF WAY Eric Dukes has presented the attached petition calling for the vacation of a small portion of the Placer Run right of way. The petition contains the required number of signatures which all appear to be valid. In addition, the $500 filing fee has been received. The vacation is for a 323.95 square foot circular segment located on the north side of the Placer Run right of way. The 40-foot radius arc is the result of a previously planned cul-de-sac as a termination of Placer Run. The cul-de-sac was never constructed and a hammerhead terminus was used as the preferred alternative. The necessary right of way to complete the cul-de-sac was never deeded so that the likelihood of constructing a cul-de-sac in the future is slight. The curb on the north side of the street was laid in a straight alignment and did not follow the arc ofthe right of way and the area is not being utilized for right of way or utility purposes. Please have the Planning Commission consider this vacation request at its earliest opportunity. Cc: Mike Morrison Marguerrite Hickman Scott Johnson Barbara Christensen Attachments Petition Vicinity Map Detail Map ENGINEERING DIVISION 20 E. Main Street Ashland OR 97520 www.ashland.or.us Tel: 541/488-5347 Fax: 541/488-6006 ny: 8001735.2900 ~:., G:\pub-wrks\eng\STREET\Placer Run vacation memo to staff.doc '=:\-~ / I ,!~, \\.~,--- J>?1 "..., D ~"_"_" ,~, O%;; ~_. ~O~, F j., ''-<:-.:;] ,J " ,": ~ '''''~/'''' 1~ ~ '\ f{~f 2~SUY: ),~~ I:\~ l ~ ,1, - j[~ ./0', " ii' ) ~. 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' ....nnn :' ~ ~ '\.~ --:> \.\) -....-----.- -.----------- .-.--.--..- - '.it ~ .:l . ~I!I --'- \\r1tJ.l1.l at\.\\ ,..,. ~ .. !:J a - - - ~ ,... aU ,...,,!t\'\ 1 . .U"Ltl Ul! '" ~ JI! .....- 0- _ci o UJ ~ U ~ UJ lI:l o I- <l: UJ a: <l: '/"", o :;A \.\) ;/\ -? \). ,.\,\ <l: .____._ ____.._____n. W a: <l: o UJ I- U UJ u.. u.. <l: u.. o I- :2: :J -.' ..-...-..- --.--.------------ ~ .., - ~ .ll ~a .....: . . . . . . . . . ..... . . . . . . . . . . -. . . . . i<: :: o a - /I - UJ -' <l: U (f) ~ - ~ Date Filed: / - /'1-(; 5 PETITION We the undersigned property owners residing on or near Placer Run do hereby petition the CIty Council to initiate proceedings to vacate a portion of the Placer Run right of way as dedicated to the City of Ashland on the plat of the Placer Run Subdivision, Phase II, now of record being more particulany described as follows: Commencing at the southeast comer of Parcel NO.2 of that Land Partition filed as Partition Plat No. P-41-1996 of the records of Jackson County Oregon; thence North 89056'21" West along the north right of way line of said Placer Run, 81.08 feet to the True Point of Beginning; thence continuing along said North right of way line along the arc of a 40.00 foot radius curve concave to the Southwest, the chord of which bears North 89056'21" West 51.18 feet, a distance of 55.53 feet; thence leaving said right of way line, South 89056'21- East, 51.18 feet to the point of beginning. We do further warrant that the signatures below represent 100% of the properties abutting the proposed vacation. and at least 66% ofthe affected area which lies within 200 feet on either side and 400 feet from the en~s of the public right-of-way proposed for vacation. 2 1;, 3 4 5 6 7 8 9 10 ~- 11 12 13 14 15 ~ l3,-n,,,,; )/ /'11 Lr J".df",>>ad':U /4 Q ~J:tKt:!Ff .s5.", f/i0r.. A,,, ~ .,,~ ..,- t1~ ~_ .s 47l<~ Itt.I Iu,cicv.."f.s; IV uJdhL)ood ,<;1-: ~o ~"'..," 'iC,uv'j TAX lOT NO /Odln!:o 7 ---~ I nrX>t'J.5'l- ( ..5'//1 . /-b:i'~/.Ji'_7 ~~ /--~:>'~-.2.. . ..s~.E 1090995/;1., ~ .~ I (")"k""Lj ()I - S-- County of Jackson ) ) State of Oregon _J I':.,,-,c. (.u;, I, being one of the principal proponents of the proposed vacatio do hereby subscribe and swear that the above signatures were taken in my presence and re the signatures of the persons owning property abutting or within the area affected by t, e proposed vacation. ~ 1- """""-- NANCY E SLOCUM ; -( j NOTARYPUBllC'OREGOH :' " " ,-" COMMISSION NO. 371650 ' lrfCD.lMlUlGllu,mSfJ'T.ll2tll7 ~ Q-I'ii'-tJ7