(An ordinance vacating a 16’ strip of 8th Street between Portway Avenue and Riverside Drive)

WHEREAS, the City currently has an 80’ public dedicated right-of-way on 8th Street between Portway Avenue and Riverside Drive;

WHEREAS, the City Council on June 22, 2009 voted to allow the application of   the vacation of the right-of-way to go to public hearings;

WHEREAS, the Planning Commission and the City Council of the City of Hood River have, in accordance with the procedures set forth in Chapter 271 of the Oregon Revised Statues and Title 17 of the Hood River Municipal Code, considered the application of the Port of Hood River to vacate the right-of-way;
WHEREAS, the City Council made findings of fact and conclusions of law in accordance with Title 16 of the Hood River Municipal Code and Oregon Revised Statues Chapter 271 with respect to the vacation request, which are attached as Exhibit A;
WHEREAS, the City Council incorporates by reference the findings of fact and conclusions into this Ordinance as if fully set forth herein;
WHEREAS, the vacation will not substantially affect the market value of the abutting properties and will increase the market value of the Port of Hood River and Hood River Distillers properties;

WHEREAS, notice of the proposed vacation has been duly given as required by ORS 271.110 and HRMC Chapter 17.09 (see Exhibit A);

WHEREAS, the public interest will not be prejudiced by the proposed vacation because there is sufficient remaining right of way to construct the street to City standards;

WHEREAS, it is in the best interests of the City of Hood River to vacate the right-of-way described on Exhibit A because;
WHEREAS, the proposed vacation is consistent with the City’s Comprehensive Plan as set forth in Exhibit A; and
WHEREAS, the City Recorder filed a certificate showing that all city liens and taxes have been paid on the right-of-way to be vacated in the office of the City Recorder, as shown on Exhibit B.

NOW, THEREFORE, the City of Hood River ordains as follows:

1. The public right-of-way described in Exhibit A is vacated. 
2. The Port of Hood River shall obtain a survey of the portion of 8th Street to be vacated and provide it to the City for preparation of the vacation map.  The Port shall file a certified copy of the ordinance and map vacating the street.  The costs of preparing the ordinance and map shall be deducted from the deposit for costs.

3. The Port of Hood River shall grant the City a public utility easement on the City’s Public Utility Easement form.  The easement shall meet all requirements of the City’s form and of the City’s Engineering Standards Section 4.1B, and may include any modifications approved by the City Attorney,  The vacation is effective upon the City’s acceptance of the easement and the recording of the easement in the deed records of Hood River County.  The Port of Hood River shall cause the easement to be recorded.

4. Title to the vacated 16’ shall attach to the lands bordering 8th Street as provided in ORS 271.140.
Read for the first time:   _______________________, 2009
Read for the second time and passed:  ________________________, 2009, to become effective thirty (30) days hence.

Signed this ________ day of __________________, 2009.

Arthur Babitz, Mayor


Jennifer McKenzie, City Recorder