HomeMy WebLinkAboutOrdinance 5928 07/06/1999
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99063818
ORDINANCE NO. 5928
(SPECIAL)
AN ORDINANCE VACATING A PORTION OF THAT ~ERTAIN 7.00 FOOT
WIDE EASEMENT RECORDED NOVEMBER 17, 1978 ON REEL 953R,
RECORDER'S RECEPTION NO. 7876266, LANE COUNTY OREGON DEED
RECORDS.
WHEREAS, the Common Council of the City of Springfield City has declared its
inteq.tion to vacate a portion of a 7-foot wide public utility easement in the City of
Springfield; and
WHEREAS, the application for vacation was submitted in conformance with the
provisions ofORS 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 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 was published and posted; and
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10.00
WHEREAS, the Common Council of the City of Springfield met in Council
Chambers, at 225 Fifth Street, on Monday, the 21st day of June, 1999, (First Reading)
and on Tuesday, the 6th day of July, 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:
Section 1: The Common 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 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.
Section 2: The following described portion of public utility easement in the City
of Springfield is declared to be vacated:
THE EASTERLY 2.00 FEET OF THE 7.00 FOOT WIDE PUBLIC UTILITY
EAEMENT RECORDED NOVEMBER 17, 1978 IN REEL 953R, RECORDERS'S
RECEPTION NO. 7876266, LANE COUNTY OREGON DEED RECORDS,
ORDINANCE 5928
AFTER RECORDING RETURN TO:
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99063818
ORDINANCE 5928
LYING WITHIN THE BOUNDARY OF PARCEL 1, LAND PARTITION PLAT
NO. 98-P1124, AS PLATTED AND REACORDED IN LANE COUNTY OREGON
PARTITION RECORDS IN LANE COUNTY, OREGON. EXCEPT: THE
NORTHERLY 5.0 FEET THEREOF LYING WIHIN THAT CERTAIN 5.00
FOOT WIDE PUBLIC UTILITY EASEMENT RECORED NOVEMBER 17, 1978
IN REEL 953R, RECORDER'S RECEPTION NO. 7876268, LANE COUNTY
OREGON DEED RECORDS IN LANE COUNTY, OREGON.
Section 3: The findings adopted by the Common Council in support of this
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.
Section 5: All existing public utility easements shall remain in full force and
effect upon the vacated property.
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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 6th
day of July, 1999 by a vote of ~ for and ~ against.
APPROVED by the Mayor of the City of Springfield this 6 th day of July,
1999.
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Mayor
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C' y Recorder
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REVIEWED & APPROVED
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DATE:~ '2(.,.
OFFICE OF CITY ATTORNEY
ORDINANCE 5928
Page 2
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