HomeMy WebLinkAboutOrdinance 5918 05/03/1999
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ordinance 5918, page 1
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99063816
ORDINANCE NO. 5918
(Special)
AN ORDINANCE VACATING A 5-FOOT PUBLIC UTILITY EASEMENT IN
LOT 9, LIBERTY SUBDIVISION, SPRINGFIELD, LANE COUNTY OREGON.
WHEREAS, the Springfield City Council has declared its intention to vacate a 5-
foot wide public utility easement in the City of Springfield; and
WHEREAS, the application for vacation was submitted in conformance with the
provisions of ORS 271.080 et. seq., and with the provisions of Article 9 V ACA TIONS of
the Springfield Development Code: and
WHEREAS, the findings and testimony submitted by the applicant (the City) and
those in support of this easement vacation satisfy the criteria of approval for vacations
found in Section 9.030 of the 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
WH'EREAS, the Springfield City Council met in Council Chambers, at 225 Fifth
. Street, on Monday, the 19th day of April, 1999 (First Reading) and Monday, the 3 rd day
of May, 1999 (Second Reading), at the hour of7:00 p.m., to hear any objections to the
proposed vacation and ~ persons appeared to object;
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NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS
FOLLOWS:
!Q!EJUL.22~99D08REC
Section 1: The Council finds that the legal notice of the hearing was lawfully
published and posted; that no objections were made at the vacation hearing held; that
the public interest will not be impaired by this vacation of easement~ and that vacation of
said easement will be in the best interest of the public and increase the benefit of the
property involved.
10.00
Section 2: The following described public easement in the City of Springfield is
declared to be vacated being more particularly de.scribed below:
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THE SOUTHERLY 5.00 FEET OF LOT 9, LIBERTY SUBDIVISION, EXCEPT
THE EASTERLY AND WESTERLY 5.00 FEET THEREOF AS PLATTED AND
~CORDED IN FILE 2 SLIDE 7 LANE COUNTY OREGON PLAT RECORDS.
ORDINANCE 5918
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ordinance 5918, page 2
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99063816
ORDINANCE 5918
Section 3: The findings in the staff report for Planning Jo. No. 1999-03-0075 are
hereby made part of this ordinance by reference.
Section 4: The City Recorder is directed to file certified copies of this ordinance
with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor.
Section 5: All existing public and utility easements shall remain in full force and
effect upon the vacated property.
Section 6: Nothing herein contained shall cause or require the removal or
abandonment of any sewer, water main, gas main, conduit of any kind, pole or thing used
or intended for any public service. The right is hereby reserved for the owner of any such
utility or thing to access, maintain, continue, repair, reconstruct, renew, replace, rebuild
and enlarge any and all such things under existing or future easement.
ADOPTED by the Common Council of the City of Springfield this 19th
day of April, 1999 by a vote of ~ for and ~ against. One Councilor was absent.
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APPROVED by the Mayor of the City of Springfield this 3rd day of May, 1999.
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Mayor
ATTEST:
State of Oregon
County of Lane - 55.
I, the County Clerk, in and for the said
County, do hereby certify that the within
instrument was received for record at
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Cit Recorder
REVIEWED AND APPROVED
AS TO FORM BY:
'99 JUL 22 A~l 9=53
Reel
2572R
Lane County OFFICIAL Records
Lane County Clerk
By:
U;JJ 4 ~~aY
County Clerk
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REVIEWED & APPROVED
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DATE: ,,) ~o I qq
OFFICE OF CITY ATTORNEY
ORDINANCE
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