HomeMy WebLinkAboutIndiana St. - Vacation
ORDINANCE NO. ~?iqs
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AN ORDINANCE FOR THE VACATION OF A PORTION
OF INDIANA STREET ON PROPERTY OWNED BY
SOUTHERN OREGON UNIVERSITY NEAR SISKIYOU
BOULEVARD.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. On the date specified in section two of this ordinance, the public right-of-
way described on the attached Exhibit A is vacated subject to a reservation of a Public
Utility Easement to protect the existing utility lines located within the vacated right-of-
way. The easement shall be 10.0 feet in width and shall be centered on the center of
the existing utilities.
SECTION 2. The vacation of the right-of-way described in section one of this ordinance
shall become effective immediately prior to the recordation of a deed from the State of
Oregon acting by and through the State Board of Higher Education on behalf of
Southern Oregon University to the City of Ashland dedicating a new right of way for
Indiana Street on property where the vacated Indiana Street is located.
The foregoing ordinance was first READ on the _Z,- day of il#/~, 1999,
and duly PASSED and ADOPTED this /1 day of rlttr' 1999.
~
.
Barbara Christensen, City Recorder
SIGNED and APPROVED this ~ day of
~
([)~ 7a~
,1999.
:~a~~
Paul Nolte, City Attorney
Don Laws
Council Chairperson
PAGE 1 - ORDINANCE
(C:\WINDOWS\TEMP\vacation Indiana Street Ord.wpd)
CERTIFICATE OF CITY RECORDER
State of Oregon
County of Jackson
City of Ashland
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ss.
I, BARBARA CHRISTENSEN, City Recorder ofthe City of Ashland, Oregon, hereby
certify that I am the official custodian of all documents and records of the said City and that I
have prepared and attached copies of the following documents:
I. Ordinance No. 2845 for the Vacation of a portion ofIndiana Street on property
owned by Southern Oregon University near Siskiyou Boulevard.
2. Legal description and map.
The above items are copies of originals filed in my office and they are correct, true and
complete transcripts.
Dated the 19th day of August , 1999.
I~juz ~~-~~
/Barbara Christensen, City Recorder/Treasurer
Subscribed and sworn to before me this /7 day of ac/w:z7 ,1999.
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Notary P ic for Oregon
. OFFICIAL SEAL
...;..~. '0 SONJA N AKERMAN
!\ . j NOTAR'{ PUBLIC . OREGON
v.:. ......' COMMISSION NO. 310793
MY WMMISSlll!l EXPmlS APR1l6. 2Dnl
My Commission expires:
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City of Ashland
City Hall
City Recorder's Office
Barbara Christensen, City Recorder
(541) 488-5307 (phone)
20 E. Main St.
Ashland, Oregon 97520
(541) 488-5311 (fax)
July 13, 1999
TO: Daily Tidings
RE: Public Notice
Please publish the attached NOTICE OF STREET V ACA TION HEARING on July 15, 1999 and
July 28, 1999.
Please acknowledge receipt of this request.
Barbara Christensen
City Recorder
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EXHIBIT "A"
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 August 3, 1999 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 Indiana Street as
described:
LAN 0
DES C RIP T ION
That portion of Indiana Street, now of public record, as
described and as set forth hereinbelow:
Commencing at an iron pipe and bronze disk situated at the
section corner common to Sections 9, 16, 15, and 16, Township 39
South, Range 1 East of the Willamette Base and Meridian, Jackson
County, Oregon and being more particularly described as follows:
THENCE South 89 degrees 40 minutes 31 seconds East along the
section line common to sections 10 and 15 for a distance of
1536.12 feet to a point which bears South 01 degree 15 minutes 09
seconds West for a distance of 99.935 feet from a set 30 inch long
by 1 inch diameter iron pipe with a 3 inch diameter bronze disk
situated at the intersection of the Southwesterly right of way
line of Siskiyou Boulevard with the relocated centerline of
Indiana Street;
THENCE leaving said section line, North 01 degrees 15 minutes
09 seconds East along the Southerly extension of the tangent
section of the relocated centerline of Indiana Street for a
distance of 99.935 feet to a set 30 inch long by 1 inch diameter
iron pipe with a 3 inch diameter bronze disk situated at the
intersection of the Southwesterly right of way line of Siskiyou
Boulevard and the relocated centerline of Indiana Street;
THENCE South 56 degrees 06 minutes 29 seconds East along the
Southwesterly right of way line of Siskiyou Boulevard for a
distance of 96.365 feet to an intersection with the Westerly right
of way line of Indiana Street, as the same has been re-surveyed,
as of this date, said point being the TRUE POINT OF BEGINNING:
THENCE leaving said Southwesterly right of way line, South 00
degrees 19 minutes 29 seconds West along said Westerly right of
way line of Indiana Street, as re-surveyed, for a distance of
155.91 feet to a point common to the existing right of
way and the relocated right of way of Indiana Street;
THENCE leaving said Westerly right of way line, South 89
degrees 40 minutes 31 seconds East for a distance of 30.00 feet to
a set 30 inch long by 1 inch diameter iron pipe with a 3 inch
diameter bronze disk situated in the centerline of Indiana Street
at a point that is common to the new relocated and the retraced
centerline of said street;
THENCE continuing South 89 degrees 40 minutes 31 seconds
East for a distance of 30.00 feet to a point in the Easterly right
of way line of Indiana Street, as re-surveyed;
THENCE North 00 degrees 19 minutes 29 seconds East along said
Easterly right of way line, as re-surveyed, for a distance of
116.095 feet to a point in the Southwesterly right of way line of
Siskiyou Boulevard;
THENCE along said Southwesterly right of way line, North 56
degrees 06 minutes 29 seconds West for a distance of 72.01 feet to
the point of beginning.
City of Ashland to s.o.v.
June 3, 1999
ref: S01462TB.leg
PUBLISH: July 15,1999
July 28,1999
By: Barbara Christensen
Ashland City Recorder
RESOLUTION NO. 99- /-lJ
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A RESOLUTION SETTING A PUBLIC HEARING TO HEAR A PETITION
FOR, AND ANY OBJECTIONS TO, THE VACATION OF A PORTION OF
INDIANA STREET ON PROPERTY OWNED BY SOUTHERN OREGON
UNIVERSITY AT THE INTERSECTION OF INDIANA STREET AND
SISKIYOU BLVD.
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
August 3, 1999 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
Indiana Street as described on attached Exhibit A.
SECTION 2. The city recorder is directed to give notice of the petition and hearing 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.
This resolution was read by title only in accordance with Ashland Municipal Code
92.04. 90 duly PASSED and ADOPTED this ~ day of ~ ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this 2 day of
~ ,1999.
4 ,,'y1~
Catherine M. Shaw, Mayor
1ZjJ~
Paul Nolte, City Attorney
PAGE 1-RESOLUTION F,IUSERIPAULIORDlvaca';on ;nd;ana streetwpd
EXHIBIT
. A. .
LAN D
DES C RIP T ION
That portion of Indiana Street, now of public record, as
described and as set forth hereinbelow:
Commencing at an iron pipe and bronze disk situated at the
section corner common to Sections 9, 10, 15, and 16, Township 39
South, Range 1 East of the Willamette Base and Meridian, Jackson
County, Oregon and being more particularly described as follows:
THENCE South 89 degrees 40 minutes 31 seconds East along the
section line common to sections 10 and 15 for a distance of
1536.12 feet to a point which bears South 01 degree 15 minutes 09
seconds West for a distance of 99.935 feet from a set 30 inch long
by 1 inch diameter iron pipe with a 3 inch diameter bronze disk
situated at the intersection of the Southwesterly right of way
line of Siskiyou Boulevard with the relocated centerline of
Indiana Street;
THENCE leaving said section line, North 01 degrees 15 minutes
09 seconds East along the Southerly extension of the tangent
section of the relocated centerline of Indiana Street for a
distance of 99.935 feet to a set 30 inch long by 1 inch diameter
iron pipe with a 3 inch diameter bronze disk situated at the
intersection of the Southwesterly right of way line of Siskiyou
Boulevard and the relocated centerline of Indiana Street;
THENCE South 56 degrees 06 minutes 29 seconds East along the
Southwesterly right of way line of Siskiyou Boulevard for a
distance of 96.365 feet to an intersection with the Westerly right
of way line of Indiana Street, as the same has been re-surveyed,
as of this date, said point being the TRUE POINT OF BEGINNING:
THENCE leaving said Southwesterly right of way line, South 00
degrees 19 minutes 29 seconds West along said Westerly right of
way line of Indiana Street, as re-surveyed, for a distance of
155.91 feet to a point common to the existing right of
way and the relocated right of way of Indiana Street;
THENCE leaving said Westerly right of way line, South 89
degrees 40 minutes 31 seconds East for a distance of 30.00 feet to
a set 30 inch long by 1 inch diameter iron pipe with a 3 inch
diameter bronze disk situated in the centerline of Indiana Street
at a point that is common to the new relocated and the retraced
centerline of said street;
THENCE continuing South 89 degrees 40 minutes 31 seconds
East for a distance of 30.00 feet to a point in the Easterly right
of way line of Indiana Street, as re-surveyed;
THENCE North 00 degrees 19 minutes 29 seconds East along said
Easterly right of way line, as re-surveyed, for a distance of
116.095 feet to a point in the Southwesterly right of way line of
Siskiyou Boulevard;
City of Ashland to S.O.U.
Indiana Street R.O.W.
Page 2
THENCE along said Southwesterly right of way line, North 56
degrees 06 minutes 29 seconds West for a distance of 72.01 feet to
the point of beginning.
City of Ashland to S.O.U.
June 3, 1999
ref: S01462TB.leg
IHIOiSitii..,o
PROFESSIONAL.
. LAI<'D $URVEYOR
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Surveyor's Registration
Renewal Date: June 30, 2000
EXHIBIT
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Council Communication
Public Works Department
Vacation of Indiana Street
July 6, 1999
Submitted by:
Reviewed by:
Approved by:
Paula Brown JY'
Paul Nolte /'
Mike Freeman
Title:
A Resolution Setting a Public Hearing to Hear a Petition For, and Any Objections To, the
Vacation of a Portion ofIndiana Street on Property Owned by Southern Oregon University at the
Intersection ofIndiana Street and Siskiyou Boulevard.
Synopsis:
Last year the northerly section ofIndiana Street was re-aligned and shifted to the west to align
with Wightman Street on the north side of Siskiyou Boulevard (see attached map). The City, the
Oregon Department of Transportation (ODOT), and Southern Oregon University (SOU), jointly
undertook the project with each entity contributing financially. With the creation of the new
right of way, the old section of right of way along the unused portion ofIndiana Street can be
vacated. Since SOU owns the property on both sides of the vacation, it is assumed that title will
revert to them. The vacation will be effective upon deed recordation for the newly re-aligned
section ofIndiana Street.
Recommendation:
It is recommended that the City Council adopt the attached resolution establishing a public
hearing on August 3, 1999, for the purposed of hearing objections to the vacation of a portion of
Indiana Street.
Background Information:
Prior to the construction and re-alignment of the northerly section of Indiana Street, it was agreed
that SOU would provide the new right of way on the newly created Indiana Street alignment and
the City would vacate the old right of way along a portion ofIndiana Street upon completion of
the street construction. This requires a two step process:
I. Create a document for the dedication by SOU to the City of Ashland for the portion of the
newly aligned Indiana Street from Siskiyou Boulevard southerly approximately 300 feet.
2. Create a document for the vacation of a portion of Indiana Street that was abandoned with
realignment of the street.
This action concentrates on the vacation (item #2) only. With the creation of the new right of
way, the old section of right of way can be vacated. Since SOU owns the property on both sides
of the vacation, it is assumed that title will revert to them. It will be necessary to resolve utility
easements for the existing facilities still in place (storm drain, water, sewer and power and
communication lines).
F:IUSERIPAULAICOUNCILICC VAC INDIANA STREET SOU.DOC
RESOLUTION NO. 99-
A RESOLUTION SETTING A PUBLIC HEARING TO HEAR A PETITION
FOR, AND ANY OBJECTIONS TO, THE VACATION OF A PORTION OF
INDIANA STREET ON PROPERTY OWNED BY SOUTHERN OREGON
UNIVERSITY AT THE INTERSECTION OF INDIANA STREET AND
SISKIYOU BLVD.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. Pursuant to Ashland Municipal Code Chapter 4.16 and ORS 271.080 to 0 pO,,}-;(/Y16
271.150, the City Council of the City of Ashland will conduct a public hearing on
August 3, 1999 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!lndiana Street
,^,h~ it~~e~~~~~ro~rty ~~~O~:~.2flG~ni)'ersit".
SECTION 2. The city recorder is directed to give notice of the petition and hearing 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.
This resolution was read by title only in accordance with Ashland Municipal Code
S2.04.090 duly PASSED and ADOPTED this
day of
,1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,1999.
Catherine M. Shaw, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
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PAGE 1-RESOlUTION FIUSERIPAULIORDlvacat;on ;nd;ana st,eetwpd
EXHIBIT
. A. .
LAN D
DES C RIP T ION
That portion of Indiana Street, now of public record, as
described and as set forth hereinbelow:
Commencing at an iron pipe and bronze disk situated at the
section corner common to Sections 9, 10, 15, and 16, Township 39
South, Range 1 East of the Willamette Base and Meridian, Jackson
County, Oregon and being more particularly described as follows:
THENCE South 89 degrees 40 minutes 31 seconds East along the
section line common to sections 10 and 15 for a distance of
1536.12 feet to a point which bears South 01 degree 15 minutes 09
seconds West for a distance of 99.935 feet from a set 30 inch long
by 1 inch diameter iron pipe with a 3 inch diameter bronze disk
situated at the intersection of the Southwesterly right of way
line of Siskiyou Boulevard with the relocated centerline of
Indiana Street;
THENCE leaving said section line, North 01 degrees 15 minutes
09 seconds East along the Southerly extension of the tangent
section of the relocated centerline of Indiana Street for a
distance of 99.935 feet to a set 30 inch long by 1 inch diameter
iron pipe with a 3 inch diameter bronze disk situated at the
intersection of the Southwesterly right of way line of Siskiyou
Boulevard and the relocated centerline of Indiana Street;
THENCE South 56 degrees 06 minutes 29 seconds East along the
Southwesterly right of way line of Siskiyou Boulevard for a
distance of 96.365 feet to an intersection with the Westerly right
of way line of Indiana Street, as the same has been re-surveyed,
as of this date, said point being the TRUE POINT OF BEGINNING:
THENCE leaving said Southwesterly right of way line, South 00
degrees 19 minutes 29 seconds West along said Westerly right of
way line of Indiana Street, as re-surveyed, for a distance of
155.91 feet to a point common to the existing right of
way and the relocated right of way of Indiana Street;
THENCE leaving said Westerly right of way line, South 89
degrees 40 minutes 31 seconds East for a distance of 30.00 feet to
a set 30 inch long by 1 inch diameter iron pipe with a 3 inch
diameter bronze disk situated in the centerline of Indiana Street
at a point that is common to the new relocated and the retraced
centerline of said street;
THENCE continuing South 89 degrees 40 minutes 31 seconds
East for a distance of 30.00 feet to a point in the Easterly right
of way line of Indiana Street, as re-surveyed;
THENCE North 00 degrees 19 minutes 29 seconds East along said
Easterly right of way line, as re-surveyed, for a distance of
116.095 feet to a point in the Southwesterly right of way line of
Siskiyou Boulevard;
City of Ashland to S.O.U.
Indiana Street R.O.W.
Page 2
THENCE along said Southwesterly right of way line, North 56
degrees 06 minutes 29 seconds West for a distance of 72.01 feet to
the point of beginning.
City of Ashland to S.O.U.
June 3, 1999
ref: S01462TB.leg
v ,. ,.
REGISTt!<RI'!O
PROFESSiONAL.
, LAI"D S>URVEYOR
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JULY B, 1Q66
&::VERE:TT L. &'WAIN
7 :.: 9
Surveyor's Registration
Renewal Date: June 30, 2000
EXHIBIT
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Barbara Christensen - Re: Indiana Street Vacation
Page 1
From:
To:
Date:
Subject:
Jim Olson
Barbara Christensen, Dawn Curtis, Paula Brown
7/1/991:38PM
Re: Indiana Street Vacation
Barbara....we were handling this as a council initiated action rather than a SOU request, and have not
required a petition or filing fee.......JO
>>> Barbara Christensen 07101/99 11 :06AM >>>
Paula/Jim: I'm trying to find out if the following has been done:
1) Petition filed by SOU for the street vacation, if so I would like a copy
2) Deposit for filing fee of petition
I have put copies of resolution setting filing fee, ORS 271.110(1) which outlines requirement for noticing,
ORS 271.120...271.160 additional info on street vacations, and Section 4.18.020 from AMC on application
requirements for Street Vacations.
I will be out of the office starting tomorrow for vacation and will not return until July 12th which will be after
the PH on July 6th. Could you please contact me this afternoon to make sure we have all our bases
covered on this one? I have a dentist appt and will be out from about 11 :30 until 2:30 this afternoon. Barb
rbara Christensen - Re: Resolution Indiana St
Page
From:
To:
Date:
Subject:
Paul Nolte
Barbara Christensen
6/23/99 2:30PM
Re: Resolution Indiana St
Yes, you will need to notice the public hearing after the council sets the date by resolution. The resolution
is attached to give you an idea of the notice requirements. (Last time you did this you thought dressing up
as the Safety Chicken and standing on the street to be vacated was enough notice.)
Paul Nolte
City Attorney
City of Ashland, OR
541-488-5350
Visit the City's Web site at: www.ashland.or.us
>>> Barbara Christensen 6/23/99 10:43:03 AM >>>
But, I need to follow rules for noticing re:vacating?
>>> Paul Nolte 06/23/99 10:41AM >>>
Barbara, this resolution sets a pubiic hearing for August to vacate that portion of Indiana Street moved at
the college. The college at the same time will be dedicating the new Indiana Street. There is no LID
involved.
Paul Nolte
City Attorney
City of Ashland, OR
541-488-5350
Visit the City's Web site at: www.ashland.orus
>>> Barbara Christensen 6/23/99 9:02:03 AM >>>
Paul, is this for an LID? Barb
cc:
Kathy Griffith, Sharlene Stephens