(An ordinance vacating 5729 square feet of right-of-way between
7th Street and Industrial Avenue)

 WHEREAS, the City currently has a 60-foot public dedicated right-of-way on 7th Street and Industrial Avenue; and

 WHEREAS, the City Council on December 14, 2009 voted to allow the application of the vacation of the right-of-way to go to public hearings; and

 WHEREAS, the Planning Commission and the City Council of the City of Hood River have, in accordance with the procedures set forth in ORS Chapter 271 and Title 17 of the Hood River Municipal Code, considered the application of Merganser, LLC to vacate a portion of the right-of-way at the intersection of 7th Street and Industrial Avenue abutting property owned by Merganser LLC; and

 WHEREAS, following a duly noticed public hearing, the Planning Commission recommended vacation of a portion of the right-of-way at the intersection of 7th Street and Industrial Avenue and adopted findings of fact and conclusions of law in accordance with Title 16 of the Hood River Municipal Code and ORS Chapter 271 with respect to the vacation request.  Those findings and conclusions are attached as Exhibit A and incorporated herein by this reference; and

 WHEREAS, there is no evidence that the vacation will substantially affect the market value of the abutting properties; and

 WHEREAS, the consent of the owners of a sufficient amount of the surrounding area, as required by ORS 271.080, was obtained and filed with the City; and

WHEREAS, notice of the proposed vacation was duly given as required by ORS 271.110 and HRMC Chapter 17.09; and

 WHEREAS, the public interest will not be prejudiced by the proposed vacation because there is sufficient remaining right-of-way to construct 7th Street and Industrial Avenue to City standards; and

 WHEREAS, it is in the public interest to vacate the right-of-way described on Exhibit A because the vacation area is excess to the City’s current or future planned needs for right-of-way; and

 WHEREAS, the proposed vacation is consistent with the City’s Comprehensive Plan as explained in the findings contained 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 (the “vacation property”), and Exhibit A is hereby incorporated herein and made a part hereof by this reference in support of this decision.

2. The vacation property shall be subject to all of the assessments of the various taxing districts in which it is situated.  The vacation property shall bear the zoning designation of the abutting property, which is LI Light Industrial.

3. Merganser, LLC shall obtain a survey and legal description of the portion of 7th and Industrial to be vacated and provide that information to the City for preparation of the vacation map.  The City shall file a certified copy of this ordinance and map vacating the vacation property.  The applicant shall be responsible for paying the City’s costs of preparing and recording the ordinance and map. 

4. Title to the vacated property shall attach to the lands directly bordering it as provided in ORS 271.140.
Read for the first time on September 27, 2010

Read for the second time and passed ________, to become effective thirty (30) days hence.
Signed this ____ day of September 2010

Arthur Babitz, Mayor


Jennifer Gray, City Recorder