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 later to be dedicated as a public street (Placer 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 arc to accommodate a cul-de-sac, that same arc 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 arc 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. Eric Dukes is adversely affected by the circular arc protrusion into his lot as the building set backs are measured from the point closest to his proposed home, which is the arc. 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 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 Planning Commission review of vacations and further refers to ORS. ORS 271.140 is recognition that the City is merely vacating public property. As a result of this vacation, the City does not retain ownership. The City does not have the ability to sell vacated rights-of-way. Vacation of public rights of way within incorporated cities is regulated and controlled under ORS Section 271.080. Section 271.080 through 271.140 are reprinted as follows:
VACATION
271.080 Vacation in incorporated cities; petition; consent of property owners.
(1) Whenever any person interested in any real property in an incorporated city in this state desires to vacate all or part of any street, avenue, boulevard, alley, plat, public square or other public place, 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) There 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 of the real property affected thereby. The real property affected thereby shall be deemed to be the land lying on either side of the street 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 of the part proposed to be vacated. Where a street is proposed to be vacated to its termini, the land embraced in an extension of the street for a distance of 400 feet beyond each terminus shall be counted. In the vacation of any 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. [Amended by 1999 c.866 §2]
271.090 Filing of petition; notice. The petition shall be presented to the city recorder or other recording officer of the city. If found by the recorder to be sufficient, the recorder shall file it and inform at least one of the petitioners when the petition will come before the city governing body. A failure to give such information 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 after notice to the petitioners of such proposed action, but if there appears to be no reason why the petition should not be allowed in whole or in part, the governing body shall fix a time for a formal hearing upon the petition.
271.110 Notice of hearing.
(1) The city recorder or other 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 consecutive weeks prior to the hearing. If no newspaper is published in such city, written notice or the petition and hearing shall be posted in three of the most public places in the city. The notices shall describe the ground covered by the petition, give 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 hearing, will be heard and considered.
(2) Within five days after the first day of publication of the notice the city recording officer shall cause to be posted at or near each end of the proposed vacation a copy of the notice which shall 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) The city recording officer shall, before publishing such notice, obtain from 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 the amount of the cost shall be paid into the city treasury and any surplus refunded to the depositor. [Amended by 1991 c.629 §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 postponement or continuance of such matter, the governing body shall hear the petition and objections and shall determine whether the consent of the owners of the requisite area has been obtained, whether notice has been duly given and whether the public interest will be prejudiced by the vacation of such plat or street 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 either, as appear to be for the public interest.
271.140 Title to vacated areas. The title to the street or other public area vacated shall attach to the lands bordering on such area in equal portions; except that where the area has been originally dedicated by different persons and the fee title to such area has not been otherwise disposed of, original boundary lines shall be adhered to and the street area which lies on each side of such boundary line shall attach to the abutting property on such side. If a public square is vacated the title thereto shall vest in the city. [Amended by 1981 c.153 §58] |
