On October 14, 2019 the city council initiated vacation proceedings in accordance with ORS 271.130 for a 2,600 foot long section of SE 10th Street between E Penney Ave and E Feedville Road.  The right-of-way proposed for vacation is currently unimproved.  This street right-of-way is 66 feet wide and extends southward from E Penney Ave a distance of approximately 2,612 feet to E Feedville Road.  A map highlighting the right-of-way is attached as an exhibit to this report.

This right-of-way was transferred from Umatilla County to the City of Hermiston in the 1990s.  The unimproved street is not necessary to complete any proposed transportation system plan project servicing future industrial development.  The TSP does plan for the future extension of SE 9th Street between E Penney Ave and E Feedville Road to provide additional north-south connectivity.  There are no city utilities located within the right-of-way.  The location of the right-of-way is a hindrance to potential large lot, large scale industrial employment development.

There are two parcels abutting the proposed vacation area.  Both parcels are under one ownership.  The Stanfield Hutterian Brethren owns both parcels abutting SE 10th Street.  The owner does not object to the proposed street vacation.  

When the city initiates a vacation on its own motion rather than by petition of abutting property owners, the process the city must follow is described in ORS 271.110 through ORS 271.130.  In a city initiated vacation, it is the city’s responsibility to set a date for the hearing and insure that public notice is published in accordance with the rules of public notice in ORS 271.110.  The statute requires a notice of street vacation to be published for two consecutive weeks prior to the hearing.  For this hearing, a notice was published in the East Oregonian on October 15th and October 22nd, 2019.  ORS 271.110 also requires a public notice to be posted at each end of the right-of-way to be vacated at least 14 days prior to the hearing.  Staff posted a notice of street vacation at each end of the right-of-way on October 15, 2019.  A copy of the notice of street vacation and photos of the on-site posting are attached to this report for reference.

The affected area is defined as an area extending 400 feet laterally from each end of the right-of-way and 200 feet perpendicular to each right-of-way line.  This creates a box around the right-of-way approximately 2612 feet by 460 feet which contains five parcels.  A map highlighting the affected area is attached to this report for reference.  ORS 271.130(1) provides that the city shall not vacate a right-of-way if owners of a majority of the affected area object in writing to the vacation.  As of the date of this memo, the city has not received written objections from any of the owners of the affected area.  ORS 271.130(1) provides that the city shall not vacate right-of-way if the vacation will substantially affect the market value of abutting property.  If there is evidence of damage, the city must make provision for payment of damages.  It is the responsibility of an objector to present evidence of economic damage.  The City Council will have to determine if the evidence of economic damage is credible and quantifiable.

All utility providers within the city were provided a notice of proposed street vacation on October 15, 2019. 

The City Council may choose to:

• Adopt the ordinance vacating this portion of SE 10th Street
• Reject the ordinance vacating this portion of SE 10th Street

Motion to adopt findings of fact in support of the street vacation.

Motion to adopt the ordinance vacating this portion of SE 10th Street.