HomeMy WebLinkAboutItem 03 Ordinance No. 1 - An Ordinance Rescinding Vacation Ordinance No 6213AGENDA ITEM SUMMARY Meeting Date: 10/6/2014
Meeting Type: Regular Meeting Staff Contact/Dept.: Andy Limbird, DPW
Mary Bridget Smith, CAO
Staff Phone No: Ext. 3784 Estimated Time: Consent Calendar
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: ORDINANCE TO RESCIND VACATION ORDINANCE NO. 6213
ACTION REQUESTED:
Conduct a second reading and adopt/not adopt the following ordinance: AN ORDINANCE RESCINDING VACATION ORDINANCE NO. 6213 (SECOND
READING)
ISSUE
STATEMENT:
Staff is recommending that a vacation ordinance adopted in 2008 be rescinded and deemed null
and void because the applicant failed to complete a required condition of the ordinance. The applicant has since abandoned the project, and the affected properties have been foreclosed and
sold to multiple owners. Rescinding the vacation ordinance would formally reinstate the
vacation area as public right-of-way.
ATTACHMENTS: Attachment 1: Vacation Ordinance No. 6213 Attachment 2: Ordinance to Rescind Vacation Ordinance No. 6213
Attachment 3: Site Map
DISCUSSION/ FINANCIAL IMPACT:
The City Council acted on a request to vacate a portion of 18th Street north of Q Street and adopted Vacation Ordinance No. 6213 on January 22, 2008. A condition of the vacation
ordinance was consolidation of five adjacent parcels and the vacation area into a single
development site. However, the consolidation action did not occur. The applicant subsequently abandoned the project, and the properties were foreclosed and sold to multiple owners. Staff
advises there are no active development plans or approvals for the vacant properties and
ownership has become fragmented. The vacated segment of 18th Street right-of-way is encumbered by underground utilities so it is not a viable development parcel on its own. More
importantly, formal reinstatement of the vacation area as public right-of-way is necessary to ensure legal and physical access is maintained for the five adjacent properties. Staff recommends formally rescinding Vacation Ordinance No. 6213 to ensure there is no confusion
about the status of the vacation area in the future, especially if one or more of the adjacent property owners apply for development approval.
The City Council conducted a public hearing and first reading of the subject ordinance at the
regular meeting on September 15, 2014. No testimony was submitted at the public hearing meeting.
Recommendation: Conduct a second reading and consider adopting the ordinance to rescind
Vacation Ordinance No. 6213.
VACATION
ORDINANCE NO 6213 SPECIAL
AN ORDINANCE VACATING A PORTION OF 18TH STREET WITHIN
RONALD PARK SUBDIVISION AS PLATTED AND RECORDED IN BOOK 14 PAGE 13
PLAT RECORDS OF LANE COUNTY OREGON
WHEREAS the Springfield Common Council has declared its intention to vacate public
right of way in the City of Springfield and
WHEREAS the request for vacation was submitted in conformance with the provisions of
ORS 271 080 et seq and with the provisions ofArticle 9 VACATIONS of the Springfield
Development Code and
WHEREAS the findings and testimony submitted by the applicant and those in support of
this vacation satisfy the criteria of approval for vacations found in Section 9 060 2 ofthe
Springfield Development Code and
WHEREAS such vacation is in the best interest of the City in carrying out its plans and
programs for the general development of the City and
WHEREAS lawful notice of the proposed vacation was published and posted and
WHEREAS the Springfield Planning Commission conducted a public hearing on October
16 2007 in the Council Chambers of Springfield City Hall 225 Fifth Street Springfield OR and
recommended conditional approval of this public right of way vacation LRP2007 00024 and
WHEREAS the Springfield Common Council met in Council Chambers at 225 Fifth Street
on Monday the 19th day ofNovember 2007 First Reading and on Monday the 22 day of
January 2008 Second Reading at the hour of7 00 p m to hear any objections to the proposed
vacation and persons appeared to object
Bar Code Sticker
Return to City of Springfield City Recorder 225 Fifth Street Springfield OR 97477
Ordinance 6213 1
Attachment 1, Page 1 of 4
NOW THEREFORE THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS
Section 1 The Council finds that the legal notice ofthe hearing was lawfully published and
posted that objections were made at the vacation hearing held that the public interest will not
be impaired by the vacation ofthe street right of way and that vacation of said street will be in the
best interest of the public and increase the benefit of the property involved
Section 2 The public right of way in the City of Springfield as generally depicted on the
site map and more particularly described in the property legal description which are together
attached as Exhibit A ofthis Ordinance is declared to be vacated
Section 3 Findings 1 through 29 and Conclusions of Law adopted by the Common Council
in support of the street right of way vacation are hereby made part of this Ordinance by reference
Section 4 This right of way vacation is subject to the special provision that Tax Lots 3600
4700 4800 4900 and 5000 are consolidated with the vacated right of way area into a single titled
property
Section 5 This right of way vacation is subject to the establishment oftemporary
easements or licenses for existing utilities located within the right of way to be maintained
continued repaired reconstructed renewed replaced rebuilt or enlarged subject to the provisions
of said temporary easements or licenses
Section 5 The City Recorder is directed to file certified copies of this ordinance with the
Lane County Clerk Lane County Assessor and Lane County Surveyor
ADOPTED by the Common Council of the City of Springfield this R day of January
2008 by a vote of Lfor and against
APPROVED by the Mayor ofthe City of Springfield this 22nd day of January 2008
NOTARY ON FOLLOWING PAGE
Ordinance 6213 2
nElJlEWED 8 APPROYED1A1
DATE J J b o
LEGAL COUNSEL
Attachment 1, Page 2 of 4
ATTEST
Citfld
State ofOregon
County ofLane
Ordinance 6213
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AMY LSOWA
NOTARY PUBLIC OREGONCOMMISSIONNO397942MYCOMMISSIONEXPIRESNOV222009
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Attachment 1, Page 3 of 4
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LEGAL DESCRIPTION
Commencing at the Northeast corner Lot 33 Ronald Park as platted and recorded in Book 14 Page 13 Lane
County Oregon Plat Records said point also being on the westerly right of way line of 18th Street of said platthencefollowingalongsaidWesterlyrightofwaySouth57A9feettotheTruePointofBeinningthence
leaving said Westerly right of way East 50 00 feet to a point on the Easterly right of way of 18t Street thence
following along said Easterly right of way South 110 20 feet to a point being 37 00 feet from when measured
at right angles to the centerline of Q Street thence following along a line parallel with and 37 00 feet offset
from said centerline along a curve to right having a radius of 281 31 feet an arc distance of 89 83 feet the
chord of which bears South 330 59 07 West 89A5 feet to the Westerly right of way of said 18th Street
thence following along said Westerly right of way North 184 37 feet to the True Point of Beginning containing7578squarefeetmoreorlessallwithintheNorthwest Quarter of Section 25 Township 17 South Range 3
West of the Willamette Meridian Springfield Lane County Oregon
Ordinance 6213 4Attachment 1, Page 4 of 4
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LOCATION OF PUBLIC RIGHT-OF-WAY AFFECTED BY VACATION ORDINANCE NO. 6213
Marcola Rd
VACATION
AREA
Attachment 3, Page 1 of 1