On April 27, 2020 the city council initiated vacation proceedings in accordance with ORS 271.130 for a 526.86 foot long section of E Ridgeway Ave between NE 8th St and E Diagonal Blvd.  The right-of-way proposed for vacation is currently unimproved. An approximate 237.50 feet is a 30 foot right-of-way and approximately 289.36 feet is a 60 foot right-of-way.  A map highlighting the right-of-way is attached as an exhibit to this report.

The unimproved street is not necessary to complete any proposed transportation system plan project servicing future development.  A traffic report completed by Kittelson and Associates determined the intersection of E Ridgeway Ave and E Diagonal Blvd could not safely connect. There are city utilities located within the right-of-way.  A condition of approval of the proposed development includes dedication of a utility easement of at least 20 feet in width over existing public and private utilities in E Ridgeway Ave.  The location of the right-of-way is a hindrance to proposed 199 unit manufactured home park. 

There is one parcel, owned by the Hermiston Irrigation District, abutting the proposed vacation area. 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 Hermiston Herald on May 6 and May 13, 2020.  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 May 6, 2020.  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 200 feet west of NE 8th Place eastward to 70 feet east of NE 9th Street and 400 feet north and south of the undeveloped portion of E Ridgeway Ave. 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 May 6, 2020. 

The City Council may choose to:

• Adopt ordinance 2304 vacating this portion of E Ridgeway Ave
• Reject ordinance 2304 vacating this portion of E Ridgeway Ave

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

Motion to adopt ordinance 2304 vacating this portion of E Ridgeway Ave subject to the condition that a public utility easement 20 feet in width be dedicated over the existing public water line.