HomeMy WebLinkAboutOrdinance 5919 04/03/1999
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ordinance 5919, page 1
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99063817
ORDINANCE NO. 5919
AN ORDINANCE VACATING THE FULL WIDTH OF OLD HARLOW ROAD PUBLIC RIGHT OF
WAY, EXTENDING EAST FROM BEVERLY STREET TO ITS TERMINUS, IN THE CITY OF
SPRINGFIELD, LANE COUNTY, OREGON.
WHEREAS, the Springfield City Council has declared its intention to vacate the full
width of Old Harlow Road right of way from' Beverly Street east 228 feet to its terminus, 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 VACATIONS of the
Springfield Development Code; and
WHEREAS, the findings and testimony submitted by the applicant 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 !09~JUL.22'99"OBREC 15.00
WHEREAS, lawful notice of the proposed vacation was published and posted; and
WHEREAS, the Springfield City Council met in Council Chambers, at 225 Fifth Street,
on Monday, the 19th day of April, 1999, at the hour of 7:00 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:
Section 1: The Council finds that the legal notice of the 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 of this public right-of-way, and that vacation of
said right-of-way 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 described in Attachment
A of this Ordinance, is declared to be vacated.
Section 3: The findings and conditions adopted by the City Council in support of this
. right of way vacation, 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.
AFTER RECORDING RETURN TO:
C' 1'1"'1' OF '3 Pp..,^,6FI(fXD
2'2.S" FIFTH ~...,...
SPRINGF"/€,L.l>, 0;<' ~7477
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ordinance 5919, page 2
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99063817
Section 5: This right of way vacation is subject to and explicitly reserves easement
rights for any existing sewer, water main, gas main, conduit of any kind, pole, structure, or
thing used for or intended for public utilities or public service. The owner of any such utility
or thing is hereby reserved the right to access, maintain, continue, repair, reconstruct, renew,
replace, rebuild and enlarge any and all existing facilities.
ADOPTED by the Common Council of the City of Springfield this 19th day of
April, 1999 by a vote of ----4- for and ---L- against. One Councilor was absent.
APPROVED by the Mayor of the City of Springfield this 3rd day of April, 1999.
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Mayor
ATTEST:
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Ci y Recorder
REVIEWED & APPROVED
A~l"<;~~~ ~ ~
DATE:~J \ ~ ) qo
OFFICE OF CITY ATTORNEY
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ordinance 5919, page 3
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99063811
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That portion of Old Harlow Road, lying easterly of Beverly Street, being more
particularly described as follows:
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Commencing at a Lane County Brass Cap monument marking the Northeast
corner of the John G. Day Donation Land Claim No. 58, in Township 17 South,
Range 3 West, Willamette Meridian; thence South 0018'00" West a distance of
227.78 feet to a 5/8 inch iron rod at the Northeast corner of Lot 10, Beverly Park
Subdivision, Book 17, Page 18, Lane County, Oregon Plat Records; thence
along the North line of Beverly Park Subdivision, North 89054'28" West a
distance of 663.39 feet to a 5/8 inch rebar; thence North 0018'21" East a
distance of 207.81 feet to a 5/8 inch rebar on the southerly margin of Old Harlow
Road and the TRUE POINT of BEGINNING; thence along the southerly margin .
of Old Harlow Road, North 89054'14" West a distance of 228.57 feetto a point
on the easterly margin of Beverly Street; thence along the easterly margin of
Beverly Street, North 0017'32" East a distance of 40.00 feet; thence continuing
along said easterly margin, South 89054'14" East a distance of 23.52 feet;
thence continuing along said easterly margin, North 00.14'11" West a distance of
20.00 feet to a 5/8 inch rebar on the northerly margin of Old Harlow Road;
thence leaving the easterly margin of Beverly Street and along the northerly
margin of Old Harlow Road, South 89054'14" East a distance of 205.25 feet;
thence South 0018'21" West a distance of 60.00 feet to the TRUE POINT of
BEGINNING, all in Springfield, Lane County, Oregon.
Parcel contains 13,246 square feet (0.30 acres)
Description based on Land Partition No. 94-P0606
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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
'99 JUL 22 A~I 9=53
Reel 2572R
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County Clerk
OREGON
JULY 16. 1&52
DANIEL W. Br'\KER .
1()78 . /1
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Lane County OFFICIAL Records
Lane County Clerk
, By:
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ATTACHMENT A
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Ordinance No.