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HomeMy WebLinkAboutOrdinance 5928 07/06/1999 . JD"' . . .' \ 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 !Q~JUL.22~99#08REC 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: CoIT'V c.:>f ;;jP/l.III/G Fj(~LP Z 2 5" F, FTN Sf SPAIAl6FICl...)), O~ q 7'1' 77 . 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. . 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. ~1A~ Mayor ~'~. . ~ L ' C' y Recorder ~--- ---- --------- 1"- r..o en c: '0:2 .~ ~ ~ CJ(l)~ ..c:..c:o - - u >- - <lJ o co >- fIi:;-=o ell c: ~- co ':': '0 I c ~ (l) .- Q) :> C Ql . U '0; oC~E~ 0'l~~<lJ>- ~...lUt;~ 0- Z'..c: ~ _Oc:o_ o:15'O_~ QlcUZ'E .... :l <lJ c: 2 ~o-:551;) rJ) U .....:c U ,5 :m:: <X: N N ...J :::J -:> en en ... REVIEWED & APPROVED . . ~\~F~~ ~ DATE:~ '2(.,. OFFICE OF CITY ATTORNEY ORDINANCE 5928 Page 2 2 . ~ ! ~i S:1 ~ <:0-' 5 u... >- .~ U 60Q ~~ cc OJ OJ o 0 uu Cli ~~ <lJ co co 0:: ....J....J a: C\I t-- It) C\I :;., co