Statement:
A petition calling for the vacation of an unopened section of Greenbriar Place was received from Mr. Fred Barnum in September 2004. The area proposed to be vacated lies between the easterly end of Greenbriar Place cul-de-sac and the westerly boundary of tax lot 391E5AC-3400 which is owned by the Parks and Recreation Department.
The requested vacation was routed to all City Departments and was heard by the Parks Commission on September 8, 2004 and by the Planning Commission on December 14, 2004. Both Parks and Planning Commissions recommended denial of the initial vacation request. Mr. Barnum has expressed a desire to proceed with the vacation process based upon a revision of his vacation request. He is agreeable to reserving a public utility and public pedestrian access easement over the entire vacated area so that the Parks Department will have full access to the area, but he will gain title to the land and will be assured that a public street will not be constructed in that area.
The revised petition request was again heard by the Parks Commission on February 28, 2005. The commission moved to support the vacation with the condition that a public utility and public pedestrian access easement be reserved.
To proceed with the vacation, the resolution establishing the time and date of the public hearing must be established. |
Background:
Greenbriar Subdivision was created in 1962 and included a wedge shaped right-of-way beyond the easterly end of the cul-de-sac.
The two properties that abut the cul-de-sac have concrete driveways and other improvements that have been built upon this section of right-of-way.
The property at 258 Greenbriar Place has recently been sold and the new owner has hopes of acquiring title to the property beyond the cul-de-sac. A petition has been presented with the required number of signatures including a $500.00 application fee.
The right of way beyond the cul-de-sac provides a connection to a large vacant property (tax lot 391E5AC 3400), which has been acquired by the City as parks lands and could conceivably become a neighborhood park in the near future. The parks land has access from several locations including North Main Street, Scenic Drive and Greenbriar Place. Scenic Drive provides the most viable vehicle access point since the grades are very moderate and the location is more ideal than the other two access points. The North Main and Greenbriar Place access points are restricted to pedestrians only due to physical constraints, specifically access width; North Main Street, and steep grades; Greenbriar Place.
The Parks Commission did not approve the vacation request nor sign the petition since they had not yet designed nor built the pedestrian access connection onto Greenbriar Place. To loose the full width of the right-of-way would adversely affect their ability to construct the connection since it may be necessary to construct a switchback type of trail connection.
The Planning Commission supported the Parks Commission determination and recommended a denial of the vacation request based upon the Parks concerns.
An alternative proposal has been put forth which may meet the needs of both the property owner and the Parks Commission. It is proposed that if the vacation is approved, the entire section of vacated right-of-way be encumbered by a public utility and public pedestrian access easement. This would allow the two adjacent owners to gain title to the property while still allowing the Parks Department full access to the area for construction of a pedestrian trail connection. It would also allow use of the area for extension of utilities onto the Park's property. The Parks Commission heard the revised vacation request on February 28, 2005. The commission moved on a 4 to 1 vote to approve the revised vacation request. Planning staff have expressed support of the vacation under these terms and have indicated that it is unnecessary for this matter to be sent back to the Parks Commission now that the concerns raised by the Parks Commission have been addressed. |
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] |
