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Home My WebLink AboutOrdinance 5934 08/02/1999 . /<{- . . j .' 99069966 ORDINANCE NO. 5934 (EMERGENCY) AN ORDINANCE V ACA TING A PORTION OF 31 ST STREET IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON AND DECLARING AN EMERGENCY Whereas, the Springfield City Council has declared its intention to vacate a portion of 31 sl Street in the City of Springfield; and WHEREAS, the application for right-of-way 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 Springfield Planning Commission conducted a public hearing on this proposed vacation on July 20, 1999, and the testimony, findings and conclusions of that meeting have been considered by the City Council; and WHEREAS, the findings and testimony submitted by the applicant and those in support of this right-of-way 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 ofthe City in carrying out its plans an~ programs for the general development ofthe City; and WHEREAS, lawful notice ofthe proposed vacation was published and posted; and WHEREAS, the Springfield City Council met in Council Chambers, at 225 Fifth Street, on Monday, the 2nd day of August, 1999, at the hour of7:00 p.m., to hear any objections to the proposed vacation and _ persons appeared to object; and declaring an Emergency; 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 adopted by the City Council in support ofthis right-of-way vacation, are hereby made part of this ordinance by reference. ~a1~UG.1O~99"04REC 15.00 ORDINANCE PAGE 1 R~iLJRN 10 CiTY R~OR.I)EO 22.5' FIFTH 5.... ~PRI"'G FieLO} oR. q74-77 . . . . 99069966 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: 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. The easterly 55.0 feet of the right-of-way herein vacated is explicitly reserved for public utility purposes. Section 6: It is further a condition of this vacation that nothing herein contained shall cause or require the removal or abandonment of any sewer, water main, gas main, conduit or 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 easements. Section 7: It is hereby found and determined that the matters relating to the vacation of these right-of-way are matters affecting the public health, safety and welfare and that an emergency therefore exists, and this Ordinance shall therefore take effect immediately upon its passage by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 2nd day of August, 1999'by a vote of ~ for and ~ against. APPROVED by the Mayor of the City of Springfield this 2n.dday of August, 1999. ATTEST: ~7IA-~ Mayor (JUJ...~~ . City Recorder REVIEWED & APPROVED AS{~..~~,~M) \..,,~,~\ DATE:~LLI.1j OFFICE OF CITY ATTORNEV ORDINANCE 5934 Page 2 . . . 'Ordinance 5934 . . page 3 .. 99069966 LEGAL DESCRIPTION FOR STREET'VACATION A PORTION OF OLD 31ST STREE1:' (COUNTY ROAD NO. 753) BEGINNING AT A POINT ON THE NORm MARGIN OF MARCO LA ROAD, SAID POINT BEING 33.00 FEET NORTHERLY OF AND OPPOSITE ENGINEERS CENTERLINE STA. L2 129+94.35, SAID POINT ALSOBEINGNORm51 008'11"EAST71.78 FEET FROM THE NORTHEAST CORNER OF THE B.B. POWERS D.L.C. NO. 65 IN TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETIE MERIDIAN; THENCE ALONG THE NORTH MARGIN OF MARCOLA ROAD THE FOLLOWING FIVE . (5) COURSES AND DISTANCES: NORm 89057'30" EAST 30.75 FEET TO A POINT 33.00 FEET NORTHERLY OF AND OPPOSITE ENGINEER'S CENTERLINE EQUATION STATION L2 130+25.00 = L5 130+25.00, NORTH 89057'30" EAST 125.00 FEET TO A POINT 33.00 FEET NORTHERL YOF AND OPPOSITE ENGINEER'S CENTERLINE STATIONL5 131 +50.00 P.O.T., NORTH 8T 12'37" EAST250.29 FEET TO A POINT 45.00 FEET NORTHERLY OF AND OPPOSITE ENGINEER'S CENTERLINE STATION L5 134+00.00 P.O.T" NORTH 89057'30" EAST 50.00 FEET TO A POINT 45.00 FEET NORTHERLY OF AND OPPOSITE ENGINEER'S CENTERLINE STATION L5 134+50.00 P.O.T. AND SOUTH 86010'59" EAST 22.80 FEET TO A POINT MARKING THE INTERSECTION OF THENORTH MARGIN OF MARCOLA ROAD AND THE WESTERLY MARGIN OF COUNTY ROAD NO. 753 AS DESCRIBED IN A DEED RECORDED OCTOBER 19,1955 RECEPTION NO. 68852 LANE COUNTY . OREGON DEED RECORDS, SAID POINT BEING 30.00 FEET FROM WHEN MEASURED AT RIGfIT ANGLES TO THE CENTERLINE OF COUNTY ROAD NO. 753; THENCE LEAVING THE NORTH MARGIN OF MARCOLA ROAD AND RUNNING. ALONG THE WESTERLY MARGIN OF COUNTY ROAD NO. 753 THE FOLLOWING SIX (6) COURSES AND DISTANCES: ALONG THE ARC OF A 256048 FOOT RADIUS CURVE LEFT (THE CHORD OF WHICH BEARS NORTH63011'12" EAST 11.70 FEET) A DISTANCE OF 11.70 FEET, NORm 61052'46" EAST 47.33 FEET, NORTH 68002'46" EAST 101041 FEET; NORm 73025'46" EAST 101041 FEET, ALONG THE ARC OF A 256.48 FOOT RADIUS CURVE LEFT (THE LONG CHORD OF WHICH BEARS NORTH 36042'16" EAST 306.74 FEET) A DISTANCE OF 328.79 FEET, AND NORm 00001'14" WEST 325.67 FEET TO A POINT MARKING THE INTERSECTION OF THE WESTERLY MARGIN OF COUNTY ROAD NO. 753 AND THE NORTHERLY MARGIN THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF SPRINGFIELD FORA PUBLIC ROAD AS DESCRIBED IN A DEED RECORDED SEPTEMBER 22, 1993 RECEPTION NO. 93-60016 LANE COUNTY OREGON DEED RECORDS, HEREINAFTER CALLED SHORT STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE ALONG THE WESTERLY MARGIN OF COUNTY ROAD NO. 753 NORTH 00001'14" WEST 203.75 FEET TO A POINT ON THE SOUTHERLY MARGIN OF 28m STREET AS DESCRIBED IN A DEED RECORDED SEPTEMBER 22, 1993 RECEPTION NO. 93-60016 LANE COUNTY OREGON DEED RECORDS, SAID POINT BEING 35.00 FEET FROM, WHEN MEASURED AT RIGHT ANGLES TO, THE CENTERLINE _ OF SAID 28m STREET; THENCE ALONG SAID SOUTHERLY MARGIN OF 28m STREET ALONG THE ARC OF A 435.00 FOOT RADIUS CURVE LEFT (THE CHORD OF WHICH BEARS NORTH- 15053'27" EAST 237.11 FEET) A DISTANCE OF 240.15 FEET TO A POINT ON THE EASTERLY - MARGIN OF SAID COUNTY ROAD NO. 753, SAID POINT BEING THE MOST SOUTHERLY CORNER OF TIIA T CERTAIN PARCEL DEDICATED AS RIGHT -OF- WAY IN A DEED RECORDED ON REEL 1869, INSTRUMENT NO. 93-49985, LANE COUNTY OREGON DEED RECORDS; TIIENCE ALONG THE EAST MARGIN OF SAID COUNTY ROAD NO. 753 SOUTH 0000 1'14" EAST 189.00 FEET TO THE INITIAL POINT OF V ALLEY MEADOWS SUBDIVISION AS PLAITED AND RECORDED ON FILE 73, SLIDE 318, LANE COUNTY PLAT OREGON RECORDS; THENCE SOUTH 89058'46" WEST 5.00 FEET; THENCE SOUTII 00001'14" EAST 242.96 FEET; THENCE LEA VINGTHEEASTERL Y MARGIN OF SAID COUNTY ROAD NO. 753, SOUTH 89051'06" WEST 60.00 FEEITRUE POINT OF BEGINNING, ALL IN LANE COUNTY, OREGON