ORDINANCE NO. 87-2

An Ordinance initiating the vacation of the following described street, to-wit:

As described on Exhibit A, attached hereto and incorporated herein by reference.

FINDINGS:

The City Council of the City of Sodaville herein declares its intent to validly vacate the area described in Exhibit A. The history regarding the vacation of this property is:

Vacation was attempted in Ordinance 8, dated June 1, 1953 (recorded March 24, 1965). Ordinance 8 contemplated vacation of St. Louis Street from the eastern line of Market Road No. 31 to eastern boundary of St. Louis Street as indicated on the Seminary Addition map.

A “reopening” of the property was attempted November 1, 1960, (also recorded March 24, 1965) in Ordinance 17.

Ordinance 22, dated December 12, 1965 (not recorded) appears to “repeal” Ordinance 17 and to vacate the property again. The area to be vacated by Ordinance 22 was St. Louis Street from the eastern line of Market Road No. 31 to the center of Pine Street.

Ordinance 84-2 attempts to “repeal” Ordinance 22. It is dated April 24, 1984 (not recorded).

THE CITY OF SODAVILLE DOES ORDAIN AS FOLLOWS:

Section 1.

The City Council of the City of Sodaville herein initiates the vacation proceedings on its own authority without petition or consent of the property owners, except as provided by statute, of the above described street.

Section 2.

A hearing shall be held upon the proposal to vacate the street as herein provided, and the hearing shall be held on the 28th day of January, 1988 at 7:30 p.m., Pacific Standard Time at City Hall, Sodaville, Oregon, at which time all persons will be heard upon objections or suggestions with regard to the vacation, and at said time the Council will provide for the vacation or deny such vacation, and in case the vacation is made, will provide and make provision for any damages sustained by local assessment.

Section 3.

The City Recorder is hereby directed to immediately post in three of the most public places in Sodaville, Oregon, notice of the proposed vacation. The notice shall give a description of the area to be vacated as herein set out; state the date when this Ordinance was passed, the name of any petitioners petitioning for the vacation, and the date when the petition, together with any objections or remonstrances which may be made in writing and filed with the Recorder of the City of Sodaville prior to the date of the hearing, will be heard and considered.

Section 4.

The City Recorder shall forthwith, and within five days after the first posting of the notice, also post or cause to be posted, at or near each end of the proposed vacation a copy of the foregoing, which shall be headed “Notice of Street Vacation”, and which notice shall be posted in at least two conspicuous places in or on the area proposed to be vacated.

The first posting required by Section 3 of this Ordinance, and the posting required by Section 4, shall be not less than twenty-eight (28) days before the time set for hearing.

Section 5.

The matters contained herein affect the peace, health, and safety of the citizens of the City of Sodaville, and therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor.

VACATION DESCRIPTION FOR A PORTION OF ST. LOUIS STREET

A 20 foot easement for public right-of-way along the North side of said street for public utilities.

The portion of St. Louis Street between the West right-of-way of Pine Street to the East right-of-way line of the County Road (Market Road No. 31).

NOTICE OF STREET VACATION

TO ALL PERSONS WHOM IT MAY CONCERN:

NOTICE IS HEREBY GIVEN that at a meeting of the City Council of the City of Sodaville, held at Sodaville, Oregon on the 22nd day of December, 1987, there was passed by the City Council and approved by the Mayor of the City of Sodaville, Linn County, Oregon, and Ordinance setting a hearing to be held on the 28th day of January, 1988, at 7:30 P.M. Pacific Standard Time, at Sodaville, Oregon, for the purpose of hearing remonstrances and protests against the vacationby [sic] Ordinance of the City Council of the following street:

A 20 foot easement for the Public right-of-way along the North side of said street for public utilities. The portion of St. Louis Street between the West right-of-way line of Pine Street to the East rifht-of-way [sic] line of the County Road (Market Road No. 31).

The City Council will consider and act upon the proposed vacation on the 28th day of January, 1988, at 7:30 P.M., Pacific Standard Time, at Sodaville, Oregon, and will consider an Ordinance vacating the above. All persons having objections thereto or remonstrances or protests are hereby notified to present the same to the City Council in writing prior to said hearing or at said time and place.

Passed by the Council this 22 day of December, 1987.