10.228 Vacation of Public Right-of-Way.
(1) Vacations of public rights-of-way are a means of returning unneeded public streets and alleys to adjacent property owners. Vacations of plats are a means of removing unnecessary easements or plat designations from a parcel of land. For the process of removing public utility easements (PUEs) from plats, see Section 10.159A.
(2) Vacation of Public Right-of-Way Application. A request to vacate a public street, alley, easement, plat, or public place shall, in addition to the requirements contained herein, be subject to ORS Chapter 271.
(3) Vacation of Public Right-of-Way Initiation. Vacations of public rights-of-way shall be initiated either by petition under ORS 271.080 or by City Council under ORS 271.130.
(4) Vacation of Public Right-of-Way Approval Criteria. A request to vacate shall only be approved by City Council when the following criteria have been met:
(a) Compliance with the Public Facilities Element of the Comprehensive Plan, including the Transportation System Plan.
(b) If initiated by petition under ORS 271.080, the findings required by ORS 271.120.
(c) If initiated by the Council, the applicable criteria found in ORS 271.130.
(5) Vacation Application Form. Petitioners or persons requesting a vacation shall file an application containing the following items:
(a) Vicinity Map drawn at a scale of 1" = 1,000' identifying the proposed area of vacation.
(b) Legal description and exhibit map accurately depicting the boundaries and the area proposed to be vacated. Submittals of hard copies shall be accompanied by documents in an electronic format acceptable to the City of Medford Planning Department.
(c) A letter requesting City Council initiation, or, if initiated by petition rather than by Council, consent to vacate forms completed and signed by owners of all abutting property and of not less than two-thirds in area of the real property affected as defined in ORS 271.080
(d) Assessor’s maps of the proposed vacation area identifying abutting and affected properties. The assessor’s maps shall identify those parcels for which consents to vacate have been acquired.
(e) Names and addresses of property owners within the area of a plat vacation or all abutting property and all attached real property within 200 feet laterally and 400 feet beyond the terminus of each right-of-way to be vacated, including map and tax lot numbers typed on mailing labels.
(f) Findings that address the approval criteria in Section 10.228(4), Vacation Criteria.