HomeMy WebLinkAboutResolution 2014-33 10/20/2014CITY OF SPRINGFIELD
RESOLUTION NO. 2014-33
A RESOLUTION OF THE COUNCIL OF THE CITY OF SPRINGFIELD TO
INITIATE A VACATION OF PUBLIC RIGHT OF WAY OF A PORTION OF
COMMERCIAL AVENUE AND "A" STREET
WHEREAS, property owners adjacent to public right of way which is a portion of
Commercial Avenue and "A" Street as more particularly described and set forth in area
map, Exhibit A have requested vacation as described herein; and
WHEREAS, the detailed area map showing the requested vacation and existing
conditions is more particularly described and set forth in Exhibit B; and
WHEREAS, as a means of addressing public nuisances in the right of way and security
issues, the City has informally permitted the fencing or blocking of public right of way
which addressed the security issues but presented problems with respect to access to
other properties adjacent to the right of way; and
WHEREAS, property owners adjacent to the right of way have requested this vacation as
a means of correcting the limited or blocked access to other properties adjacent to the
right of way; and
WHEREAS, Staff has worked with the affected properties owners to create the safest
most feasible and most equitable use of the public right of way; and
WHEREAS, the safest most feasible and most equitable use of the public right of way is
the termination of the informal right of way use together with a partial right of way
vacation which is more particularly described and set forth in Exhibit B; and
WHEREAS, this solution will allow equal access and give all owners the ability to
jointly mitigate security risks; and
WHEREAS, the right of way to be vacated is unnecessary and of limited use to the City;
and
WHEREAS, based on the unique facts of this particular situation regarding the informal
existing use allowance and the opportunity to correct security issues in the vicinity of
Commercial Avenue and "A" Street, Staff has recommended that the special benefit fee
required of the applicants pursuant to SMC 3.204 be waived in the public interest.
NOW THEREFORE, BASED ON THE FOREGOING RECITATIONS, BE IT
RESOLVED BY THE CITY OF SPRINGFIELD AS FOLLOWS:
1. The Staff is directed to terminate the informal private right of way use agreement
in the vicinity of Commercial Avenue and "A" Street; and
2. Staff is directed to initiate a vacation of public right of way as more particularly
described and set forth in Exhibit B attached hereto and incorporated herein by reference;
and
3. The special benefit fee set forth in SMC 3.204 is waived in the public interest; and
4. This Resolution shall take effect upon its adoption by the Council and approval by
the Mayor.
ADOPTED by the Council of the City of Springfield this 20 day of OCTOBER
2014 with a vote of 5 for and 0 against.
ATTEST:
Amy Sowa
City Recorder
hristine L. Lundberg
Mayor
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RESOLUTION NO. 2014-33
Exhibit B I
RESOLUTION «O, 2014-33