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HomeMy WebLinkAboutOrdinance 5918 05/03/1999 '" . 10 ... . . " ordinance 5918, page 1 J 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; -~ 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: I 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 AmR RECOROINI RIMN TO: CrT'( OF Spfl-wbFlcLf) 2.2 S- Fi F"rN Sr, --0. '7>P;t..IN~FiC!:c..O) OR, q7477 .. ordinance 5918, page 2 ;" -~ . 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. . APPROVED by the Mayor of the City of Springfield this 3rd day of May, 1999. ~oAA~ 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 ~~ 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 .. REVIEWED & APPROVED A~~~~ ~~ DATE: ,,) ~o I qq OFFICE OF CITY ATTORNEY ORDINANCE 2