HomeMy WebLinkAboutApplication APPLICANT 5/2/2013 'City of Springfield
• • SPRINGFIELD
Development Services Department
225 Fifth Street
Springfield, OR 97477
611k *
Vacation
Application Type j (Applicant: check one)
Right-of-Way Vacation: ($( Land Division Plat Vacation: ❑
Other Public Land Vacation: ❑
Required Project Information (Applicant: complete this section)
Applicant Name: QE//S Tl2&) /Mc OR. J G,�,Sk',(/ Phone:5 I-7'7-' 7/5
Company: de 5. (�s /4C. Q.S Fax: S41-74-6$0)9
Address: :RD°13 P/E722-6 RARJ 4 j -P/C/rvCl p/61AD
Applicant's Rep.: L77/46/1. 2 ,J , /MI/16;W Phone:541 -M3 -70¢B
Company: /t46 FA/tEAt1 42°vP . Fax:
Address:
37,s22: a °,eu, ic_!-1 AS:
Property Owner: A?P LA,C,tfw lx._,. Phone:
Company: ` Fax:
Address:
ASSESSOR'S MAP NO: / 7-07-30-23 TAX LOT NO(S): /03
Property Address: 30 '5) 3 P/c`/L-«� )12A/2414JA y / S It/ E-227
Size of Property: Acres ❑ Square Feet ❑
Area of Vacation Request: ` 0) 7& 7 Acres ❑ Square Feet
Description of Property to be Vacated: OL b 5Ti2.b&/ ' £,1114-r pF-1,(�A r
Si natures: Please si•n and srint our name and date in the assrosriate box on the next same.
Required Project;Information (City Intake Staff: complete this section)
Associated Applications: 19P /1 2--0001-7 Signs:
Case No.: 1-71P 41 3- 00002— Date: Reviewed by: act
Application Fee: $4-2L/2- . 00 Technical Fee: $ 237./o Postage Fee: $5513'0°
TOTAL FEES: $ £32a . /0 PROJECT NUMBER: PPTIZ-00007
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��� Date Received:
-7^'�P�13-C�ao6�-- � MAY 022013
j'*v 4I Original S/�u�(bmittal
/�
Revised 3/10/11 1 vi 5
I •
March 6, 2013
0 & S Contracting
Assessor's Map: 17-02-30-23 Tax Lot 103
NARRATIVE
Applicants: 0 & S Contracting
3093 Pierce Parkway
Springfield, OR 97477
541-747-9715
Applicant's
Representative: The Favreau Group
3750 Norwich Ave.
Eugene, OR 97408
541-683-7048
Attn: Tony Favreau
LAND USE REQUEST
The applicant is seeking approval of an unimproved Public Right-of-Way and Public Vacation
application. This application is presented on Tax Map 17-02-30-23 Tax Lot 103. The Springfield
City Code allows the Vacation pursuant on meeting all of the criteria under the Approval Criteria
(EC 9.8720).
SITE AND SURROUNDING CHARACTERISTICS
0 & S Contracting owns the property to the west and the United States Government owns the
property to the east of the subject area.
VACATION APPROVAL CRITERIA AND SUPPORTIVE FINDINGS
Applicable approval criteria are outlined in italics below, followed by proposed findings of facts in
normal text.
SDC 5.20-130 Criteria
A. For the Vacation of public utility easements, the Director shall approve, approve with
conditions, or deny the application. The application will be approved if the Vacation is found to
be consistent with the following criteria:
1. There are no present or future services,facilities, or utilities deemed to be necessary by a
utility provider and the easement is not necessary; or
Date R eived:
MAY 0 2 2013
1
Original Submittal _
• •
Response: There is a natural gas line in the existing right-of-way that services the property to
the east. A seven-foot public utility easement, centered over the existing natural gas line, shall
be dedicated as a part of the proposed right-of-way vacation. The existing right-of-way is
physically blocked off by fencing and will not be needed for any future access or utilities.
2. If the utility provider deems the easement to be necessary, public services,facilities, or
utilities can be extended in an orderly and efficient manner in an alternate location.
Response: There are no utilities that need the existing right-of-way for current or future use
other than that described above.
B. Where the proposed Vacation of public rights-of-way, other City property, or Partition or
Subdivision Plats is reviewed under Type IV procedure, the City Council shall approve, approve
with conditions, or deny the Vacation application. The application will be approved if the
Vacation is found to be consistent with the following approval criteria.
1. The Vacation shall be in conformance with the Metro Plan, TransPlan, the Conceptual Local
Street Map and adopted Functional Plans,.and applicable Refinement Plan diagram, Plan
District map, or Conceptual Development Plan;
Response: This portion of right-of-way is not needed as a part of the above mentioned plans.
2. The Vacation shall not conflict with the provisions of Springfield Municipal Code, 1997; and
this Code, including but not limited to, street connectivity standards and block lengths; and
Response: There are no existing or future parcels that take or will take their access from this
portion of the right-of-way.
3. There shall be no negative effects on access, traffic circulation, emergency service protection
or any other benefit derived from the public right-of-way, publicly owned land or Partition or
Subdivision Plat.
Response: There are no existing or future parcels that take or will take their access from this
portion of the right-of-way, so, there are no parcels that will need this portion of the right-of-way
for emergency service.
C. Notwithstanding the provisions of Subsection B., above where the land affected by the
proposed Vacation of public right-of-way, other public land as specified in ORS 271.080, or
public easement will remain in public ownership and will continue to be used for a public
purpose, the request shall be reviewed under the Type IV procedure. The City Council may
approve the Vacation application if it is found to be consistent with the following criteria:
1. The Vacation was initiated by the City Council pursuant to ORS 271.130W;
3414
Response: The City Council will hear the proposal during the public hearing.
Date ceive�
MAY 0 2 2013
2
Original Submittal
2. Notice has been given pursuant to ORS 271.110(1);
Response: Proper notice will be sent out by the City.
3. Approval of the vacation would be consistent with provision of safe, convenient and
reasonably direct routes for cyclists,pedestrians and vehicles as provided in OAR 660-012-
00045(3);
Response: Since this right-of-way only services the applicant, the general public will not be
affected.
4. Whether a greater public benefit would be obtained from the vacation than from retaining the
right of way in its present status; and
Response: Since this right-of-way only services the applicant, the general public will not be
affected.
5. Whether provisions have been made to ensure that the vacated property will remain in public
ownership.
Response: The vacated property will be in private ownership and maintained by the applicant.
i�
Date'Received:
MAY 0 2 2013
3
Original Submittal_ ----
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LEGAL DESCRIPTION
A tract of land being situated in the northwest ''A of Section 30, Township 17 South,
Range 2 West of the Willamette Meridian, said tract of land being a portion of 31' Street
and more particularly described as follows:
Beginning at the south corner of Lot 3, MARCOLA ROAD INDUSTRIAL PARK as
platted and recorded October 21, 1999 in File 75 Slides 897 - 899, Lane County Deeds
and Records, in Lane County, Oregon;
Thence South 00°14'30" West, 62.68 feet to the easterly right-of-way of 31s` street;
Thence alon g said easterl y right-of-way..
as follows: North 73°25'46" East, 34.84 feet;
Thence along the arc of a 316.48 foot radius curve to the left (the long chord which bears
North 42°37'22" East, 324.17 feet) a distance of 340.33 feet;
Thence leaving said easterly right-of-way, North 86°30'20" West, 60.79 feet to the
easterly boundary of said Lot 3;
Thence along said easterly boundary, along the arc of a 256.48 foot radius curve to the
right (the long chord which bears South 43°36'21" West, 255.11 feet) a distance of 267.01
feet;
Thence South 73°25'46" East, 16.71 feet to the point of beginning, all in the City of
Springfield, Lane County Oregon and containing 19,767 square feet of land, more or less.
REGISTERED
PROFESSIONAL
LAND SURVEYA .
� OREGON
JULY 15,2003
KENT BAKER
#58885
Exp its 11' 3i -2013
Date Received:
MAY 0 2 2013
Original Submittal
Off
• •
CONSENT TO VACATE
We, the undersigned, consent to the initiation of vacation of such forth property proposed. O&S
has provided me with a legal description and a land map of the proposed area,see doe site plan dated 03-
06-13. Distribution of the property shall be determined at a further date.
Name. OREGON MILITARY DEPARTMENT Legal Description of Signer's Property
P.O.Box 14350 17-02-30-00-1000
Salem,OR 97301
/`
Signature. '. � -.-. . 6,::,‘
April 8,2013
STATE OF OREGON )
) SS
COUNTY OF MARION )
•
On this C97ff day of /7f'.P/G ,20/3 ,before me,the undersigned,a
• Notary Public in and for said County and State,personally appeared the within
namedy ..5774/zi A, "91/70,4/4. 4/
To me known to be the person(s)described in and who executed this foregoing instrument and
acknowkedged that they excuted the same as their free act and deed.
IN TESTIMONY WHEREOF,I haye- ctunto set in hand and affixed
my official se• re day and ye: last above written
isira/.
17 _serer
r �e�•.� OFFICIAL SEAL Nota y Public for Oregon
,2 . ARTHUR ARROYO
9= , NOTARY PUBLIC OREGON(J .
1 ® of COMMISSION NO. 443524 (0 My Commission Expires Cb1OSfre Zp ar/-j
1 in MY COMMISSION EXPIRES OCT.20,2013)
7 �- n
Date Received:
MAY022013
Original Submittal '
•
CONSENT TO VACATE
We, the undersigned, consent to this vacation of such forth property proposed. O&S has
provided me with a legal description and a land map of the proposed area, see doc site plan dated 03-06-13.
Name. , tiVi,vrN'r Legal Description of Signer's Property
Address. ).86 l Refer fd.k 17-02-30-23-102
5er. Peli,O2 ? 4 7?
Signature.e/
March 2! ,2013
STATE OF OREGON )
) SS
COUNTY OF LANE )
On this day of ,20 ,before me, the undersigned, a
Notary Public in and for said County and State, personally appeared the within
named.
To me known to be the person(s) described in and who executed this foregoing instrument and
acknowkedged that they excuted the same as their free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year last above written
Notary Public for Oregon
My Commission Expires
Date Received:
MAY 0.2 2013
. Original Submittal p _
EMMEN
*0280715*
EN MN CASCADE.
TITLE
Co.
STATUS OF RECORD TITLE REPORT
0 & S CONTRACTORS Our No: CT-0280715
ATTN: JEFF GASKILL Date: APRIL 30, 2013
P.O. BOX 70325 Charge: $300.00
SPRINGFIELD, OR 97477 Add. Chain Fee: $100.00
EMAIL: JEFF @OANDSCONTRACTORS.COM
As requested, Cascade Title Co. has searched our tract indices as to the following
described real property:
( A T T A C H E D )
and as of: APRIL 20, 2013 at 8:00 A.M. , we find the following:
Vestee:
JJBCA, LLC,
an Oregon Limited Liability Company,
•
as to Parcel 1; and
STATE OF OREGON
by and through its Military Department,
as to Parcel 2
Said property is subject to the following on record matters:
1. Easements, notes, conditions and restrictions shown, set forth, and/or delineated
on the recorded Plat. (Parcel 1)
2. Sanitary Sewer Easement, including the terms and provisions thereof, in favor of
the City of Springfield, by instrument recorded November 17, 1961, Reception No.
50778, Lane County Oregon Deed Records. (Parcel 1)
3. Easements as shown on the recorded plat. (North 7 feet) (Parcel 1)
4 . Notes as shown on the recorded Plat, to-wit:
5. Restriction as shown on the recorded Plat, to-wit:
Lots 1-4 may take access from Pierce Parkway only. Lot 5 may take access
from Short Street only. No lot may take access from Marcola Road or 28th
Street. (Parcel 1)
MAIN OFFICE * 811 WILLAMETTE ST. * EUGENE, OREGON 97401 * PH: (541) 7- 2
FLORENCE * 1901 HWY 101 - S. 2 * FLORENCE, OREGON 97439 * PH: (541) 99 eceived:
EUGENE FAX: 485-0307 * E-MAIL: info @cascadetitle.com * FLORENCE FAX: 997-8246
MAY 0 2 2013
Original Submittal
6. Deed of Trust (Line of Credit) , including the terms and provisions thereof,
executed by JJBCA, LLC, an Oregon Limited Liability Company, Grantor, to Brad L.
Williams, an Oregon Attorney, Trustee, for the benefit of Pacific Continental Bank,
Beneficiary, dated June 11, 2012, recorded June 12, 2012, Reception No. 2012-
028899, Lane County Deeds and Records, to secure payment of a note in the amount of
$592, 000.00. (Parcel 1)
Said Deed of Trust was modified by Agreement dated March 5, 2013, recorded
March 20, 2013, Reception No. 2013-015175, Lane County Deeds and Records .
7. Assignment of rents due or to become due and accruing from said property, including
the terms and provisions thereof, between JJBCA, LLC, an Oregon Limited Liability
Company, and Pacific Continental Bank, dated June 11, 2012, recorded June 12, 2012,
Reception No. 2012-028900, Lane County Deeds and Records. (Parcel 1)
8. As disclosed by the tax rolls, the premises herein described have been zoned or
classified for farm use. At any time that said land is disqualified for such use,
the property will be subject to additional taxes or penalties and interest.
(Parcel 2)
9. Any adverse claim based upon the assertion that said land or any portion thereof is
now, or at any time has been below high water mark of the unnamed slough as shown
on the All Oregon Land Surveying Survey dated April 21, 2003. (Parcel 2)
10. Right of way easement, including the terms and provisions thereof, granted City of
Eugene, recorded August 17, 1927, in Book 154, Page 414, Lane County Oregon Deed
Records. (Parcel 2)
11. Right of way, including the terms and provisions thereof, granted Mountain States
Power Company, recorded March 8, 1929, in Book 161, Page 238, Lane County Oregon
Deed Records. (Parcel 2)
12. Right of way, including the terms and provisions thereof, granted Mountain States
Power Company, recorded March 8, 1929, in Book 162, Page 215, Lane County Oregon
Deed Records. (Parcel 2)
13. Right of way, including the terms and provisions thereof, granted to the City of
Eugene, by instrument recorded December 30, 1924, in Book 142, Page 276, Lane
County Oregon Deed Records. (Parcel 2)
14 . Right of way, including the terms and provisions thereof, granted to the City of
Eugene, by instrument recorded April 27, 1929, in Book 165, Page 109, Lane County
Oregon Deed Records. (Parcel 2)
15. Existing powerline of the Springfield Utility Board as shown on the All Oregon Land
Surveying Survey dated April 21, 2003. (Parcel 2)
16. Right of Way Easement, including the terms and provisions thereof, granted to the
Springfield Utility Board Electric, as set forth in instrument recorded July 11,
2007, Reception No. 2007-047148, Lane County Deeds and Records. (Parcel 2)
17. Improvement Agreement including Notice of Potential Assessment of Lien, including
the terms and provisions thereof, as set forth in instrument recorded August 7,
2007, Reception No. 2007-055199, Lane County Deeds and Records. (Parcel 2)
18. Utility Easement, including the terms and provisions thereof, granted to the City
of Eugene (EWES) by instrument recorded April 21, 2009, Reception No. 2009-020857,
Lane County Deeds and Records. (Parcel 2)
NOTE: Completion Notice recorded February 12, 2013, Reception No. 2013-008501, Lane
County Deeds and Records. (Parcel 1) Date Received:
to rig MAY 0 2 2013
0 Original Submittal___
411 411
NOTE: Taxes, Account No. 1644176, Assessor's Map No. 17 02 30 2 3, #103, Code 19-00,
2012-2013, in the amount of $2, 132.56, PAID IN FULL.
Taxes, Account No. 0113645, Assessor's Map No. 17 02 30, #1000, Code 19-00,
2012-2013, EXEMPT - STATE PROPERTY.
This report is to be utilized for information only. This report is not to be used as a
basis for transferring, encumbering or foreclosing the real property described.
The liability of Cascade Title Co. is limited to the addressee and shall not exceed the
premium paid hereunder.
CASCADE TITLE CO. , by:
do/Title Officer: DOUG PIERCE
Date Received:
MAY 0 2 2013
Original Submittal.'
PROPERTY DESCRIPTION
PARCEL 1:
Lot 3, MARCOLA ROAD INDUSTRIAL PARK, as platted and recorded in File 75, Slides 897,
898 and 899, Lane County Oregon Plat Records, in Lane County, Oregon.
PARCEL 2:
Beginning at a point which is 1589.47 feet South and 1327.33 feet East of the Southwest
corner of Section 19, Township 17 South, Range 2 West, Willamette Meridian, Lane
County, Oregon, said point also being opposite and 20 feet Easterly from Station
39+59.43 P.O.S.T. , said Station being in the center line of the old route of County
Road No. 142-5 (formerly No. 753) ; thence South 0° 11' West, 183.75 feet to the
intersection with the Northerly Railroad Right of Way line; thence South 84° 45' West,
117.33 feet; thence South 79° 30' West, 48.37 feet to the intersection of said Railroad
Right of Way line with the Southerly Right of Way line of the relocated said County
Road No. 742-5; thence along the arc of a 316.48 foot radius curve left (the chord of
which bears North 39° 03' 35" East, 261 .83 feet) a distance of 269. 94 feet to the place
of beginning, in Lane County, Oregon.
ALSO: Beginning at a point on the Northerly right of way line of the Wendling Branch
of the Southern Pacific Railroad Co. 1089.4 feet Easterly of the center line of County
road No. 753, in Section 30, Township 17 South, Range 2 West of the Willamette
Meridian; and running thence following the right of way line of said railroad North 88°
51' East, 46.56 feet; North 79° 58' East, 190.04 feet, North 66° 08' East, 261.01 feet,
North 59° 50' East, 583. 94 feet to the center of an irrigation ditch; thence traversing
the center of said ditch North 30° 39' West, 126.72 feet, North 73° 09' West, 124 . 16
feet, North 72° 44 ' West, 100.52 feet, North 48° 08' West, 104 .96 feet, North 65° 47'
West, 195. 92 feet, North 83° 41' West, 373. 94 feet, North 71° 30' West, 69.05 feet;
thence leaving said ditch, South 0° 16' West, 821.45 feet to the place of beginning, in
Lane County, Oregon.
ALSO: Beginning at a point on the center line of County Road No. 753, 3712.04 feet
South 0° 16' West of the beginning point of said County Road, said beginning point also
being 1368 .32 feet South and 4079.45 feet West of the corner of Sections 19, 20, 29 and
30, in Township 17 South, Range 2 West of the Willamette Meridian; and running thence
South 0° 16' West, 430.48 feet to a point on the Northerly right of way line of
Wendling Branch of the Southern Pacific Railroad Co. ; thence following said right of
way line, North 89° 08 ' East, 139.77 feet, South 89° 57' East, 800.52 feet, North 88°
51' East, 149.03 feet; thence leaving said line of railroad North 0° 16' East, 421 .59
feet; thence North 89° 44 ' West 1089.40 feet to the place of beginning, in Lane County,
Oregon.
EXCEPT that portion conveyed to Lane County, Oregon, by instrument recorded
October 19, 1955, Reception No. 68852, Lane County Oregon Deed Records, in Lane
County, Oregon.
Date R celved:
MAY 022013
Original Submittal_.--
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THIS MAP IS TO ASSIST LOCATING PROPERTY.
CASCADE TITLE CO. ASSUMES NO LIABILITY FOR INACCURACIESMAY 2 2013
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Date Received:
MAY 0 2 2013
THIS MAP IS TO ASSIST LOCATING PROPERTYOrI9InaI Submittal yr
CASCADE TITLE CO.ASSUMES NO LIABILITY FOR INACCURACIES.
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