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BOC Decision (37)
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BOC Decision (37)
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Last modified
7/31/2012 8:59:02 PM
Creation date
10/30/2024 2:56:10 PM
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Land Use
Case_Number
01-002
Land Use Type
Administrative Review
Tax_Lot_Number
042W19AD00100
Document_Type
Decision
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<br />"" <br /> <br />vacation order vacated only the February 16, 1891 narrative and <br />not the January 18 plat map, indicating to applicant that only the <br />streets and not the blocks were vacated. Applicant points to later <br />conveyance, annexation and partition documents that refer to <br />blocks within the Mission Farm addition as proof that the blocks <br />still exist, or at least that the county and city believe that the <br />blocks still exist. <br /> <br />The plat narrative describes the plat map in terms of blocks and <br />streets. The plat map and narrative appear to be on adjacent pages <br />in the book of town plats (the plat map drawing appears to <br />continue onto the plat narrative page). The plat narrative talks <br />about the location of the addition to St. Paul 'of which the <br />foregoing is a plat...n Foregoing is defined as 'just before or <br />just past. n in the American Heritage dictionary, third <br />edition. No one disputes that the plat map in the file is the plat <br />referred to in the narrative. The plat narrative describes the <br />plat map. There appears to be no legal backing for applicant's <br />theory that referring to the February 16, 1891 plat narrative in <br />1899 vacated only the streets within the Mission Farm addition. <br />In Koo v. Polk County, 33 Or LUBA 487 (1997), LUBA found that <br />vacating roads between lots in a subdivision was not enough to <br />vacate lot lines. But, here, there were no lots, only blocks, and <br />the vacation order clearly says that the addition to the town of <br />St. Paul is vacated, not the streets within the addition. <br /> <br />Applicant submitted severa~ documents referring to blocks within <br />the Mission Farm addition. Chronologically, the documents are: <br /> <br />1913 - Exhibits 14 and 22, annexation documents describing the St. <br />Paul city boundary to include those blocks where the streets were <br />retained in 1899, and those reinstated in 1901, plus blocks 6, II, <br />19 through 22, a portion of block 26, blocks 69, 70, 77, 97, 98, <br />107, 108, 110, Ill, the two pcoperties shown on the plat maps as <br />containing church buildings and a large portion of land above the <br />church buildings. Applicant highlights that the description refers <br />to blocks 6, 24, 49 and 52. <br /> <br />1978 - Exhibit 17, partition plat P78-231 shows two parcels, with <br />parcel 2 containing block I, a portion of block 2, block 3, most <br />of block 4, and blocks 7 through 11. Applicant highlights that the <br />description refers to blocks 2, 4, 6 and 18. <br /> <br />1983 - Exhibit 19, bargain and sale deed and correction deed <br />conveying property that was the subject of P78-231 (exhibit 17), <br />save and except certain portions of the land. Applicant highlights <br />that the description refers to blocks 2, 10, 11 and 18. <br /> <br />ADM-01-02\ORDER - 7 <br />SMITH <br />
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