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HomeMy WebLinkAboutOrdinance 5967 11/06/2000 . . . " ORDINANCE NO. 5967 AN ORDINANCE V ACA TING A CERTAIN PUBLIC UTILITY EASEMENT IN BEL-MAR SUBDIVISION, IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGO~. , WHEREAS, the Springfield City Council has declared its intention to vacate 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 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 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 WHEREAS, the Springfield City Council met in Council Chambers, at 225 Fifth Street, on Monday, the 16th day of October, 2000, (First Reading) and on Monday the 6th day of November (Second Reading) at the hour 'of 7 :00 p.m., to hear any objections to the proposed vacation and -.fL persons appeared to object; NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: Section I: The Council finds that the legal notice of the hearing was lawfully published and posted; that ....D..- objections were made at the vacation hearing held; that the public interest will not be impaired by the vacation of this 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 public easement 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 of the easement 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. ORDINANCE 5967 PAGE 1 . . . Section 5: It is a further condition ofthis vacation that nothing herein contained shall cause or require removal of or abandonment of any sewer, water main, gas main, conduit of any kind, pole or thing used for 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. ADOPTED by the Common Council of the City of Springfield this 6th day of November, 2000 by a vote of ~ for and -1L against. APPROVED by the Mayor of the City of Springfield this 6 th day of November, 2000. ATTEST: ~~ City Recorder REVIEWED & APPROVED A~ TO FORM --:xn~ \,3" ~ \-"':A \.-\"0-\ DATE: \0 \ 2. \ 2OC"C::) OFFICE OF CITY ATTORNEY IDly{Z5 ORDINANCE Page 2 C"':-, . EASEMENT DESCRIPTION: 17-03-26-14 # 3808 BEGINNING AT THE INITIAL POINT OF BEL-MAR AS PLATTED AND RECORDED IN FILE 73, SLIDE 36, LANE COUNTY OREGON PLAT RECORDS; THENCE SOUTH 00 04' 00" EAST 73.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 890 59' 00" EAST 83.00 FEET; THENCE SOUTH 00 04' 00" EAST 7.00 FEET; THENCE SOUTH 890 59' 00" WEST 83.00 FEET; THENCE NORTH 00 04' ~O',' WEST 7.00 FEET TO THE TRUE POINT OF BEGINNING IN LANE COUNTY, OREGON. . .