HomeMy WebLinkAboutOrdinance 5889 05/04/1998
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99057041
ORDINANCE NO. 5889 (EMERGENCY)
AN ORDINANCE VACATING A 25-FOOT WIDE PUBLIC UTILITY EASEMENT,
LANE COUNTY OREGON PLAT RECORDS; AND DECLARING AN
EMERGENCY. '.
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 these easement vacations 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 !376JUN.28'99tt04REC 60.00
WHEREAS, the Sprin~field City Council met in Council Chambers, at 225
Fifth Street, on Monday the 4 h day of May, 1998, at the houfrif 7:00 p.m., to hear
any objections to the proposed vacation and no persons appeared to object;
NOW, THEREFORE, THE City of Springfield, DOES ORDAIN, AS
FOllOWS:
!!.UlJUN.28 , 99tt04PFUND 10.00
Section 1: The Council finds that the legal notice of the hearing was
lawfully published and posted; that no objections were made.atthe,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
Exhibit A of this Ordinance, is declared to be vacated.
Section 3: The findings adopted by the City 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.
ORDINANCE
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C/'7"'t of SPA,rJb F,GLP
2ZC:; f),H Sr; J S P(l-II'J e:, r- t'CSLtJ I OR.. q7477
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Mayor
Attest:
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Cit Recorder
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ORDINANCE
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99057041
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Request for Vacation of a Public Utility Easement
Staff Report
Date Submitted:
March 3, 1998
Journal Number:
98-03-055
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Applicant: Consultant List:
Willamalane Parks and Recreation David Brown, Surveyor
District Branch Engineering
200 S. Mill Street 31 0 Fifth Street -
Springfield, OR 97477 Springfield, OR 97477
726-4335 746-0637
Subiect Property Acreaae:
Map# 17-02-35-00 Lot# 4402 11.31 acres
Street Address:
Bob Artz Park .
Thurston Road
Springfield, OR 97478
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Plan and Zone Desianation
Metro Plan PO
Springfield Zone PLO
Executive Summary
Willamalane Parks and Recreation District is requesting to vacate a public utility
easement that was created at the time the subject property was partitioned in June of
1997. The easernent was created to allow access to a water line that was envisioned
coming from the south to serve the property. Subsequent to the easement being created,
water service was extended from the north instead. The District contends the easement is
no longer needed and will. interfere with planned development of the site.
A review of other easements recorded on the property by affected utilities and by city
staff shows that adequate access is available to provide utilities to the'site.
Staff recommends approval of the vacation request.
I. Overview of the Proposal
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The Willamalane Parks and Recreation District is requesting to vacate a portion of a 25-
foot wide public utility easement (PUE) as shown on Attachment B. The property was
Willamalane Vacation of Public Utility Easement 1
JournallVo.98-03-055
ATTACHMENT A
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99057041
recently acquired by the District for development as the new Bob Artz Park. The
easement was created at the time the property was partitioned from adjoining School
District 19 property to allow access to water service from Main St to the south. A new
main was subsequently constructed in Thurston Rd., along the north boundary of the
subject site. Willamalane contends the easement is no longer needed and interferes with
the location of future improvements to the Park.
II. Procedural Requirements
Vacation of a public utility easement is a Type IV procedure as specified in the
Springfield Development Code (SDC) Article 3.100 (l)(d). Under Subsection (3) of
3.100, requests to vacate utility easements are reviewed at a public hearing before theU
City Council, without Planning Commission review.
Notice of the public hearing before the City Council requires the publication of a notice.
concerning the hearing in a newspaper of general circulation. Such notices are to be
published at least 20 days prior to the hearing.
At the public hearing, the City Council shall review the application, together with a staff
report and any evidence received prior to and during the hearing, and shall make a
decision to approve, approve with conditions, or deny the request. The criteria for
reaching a decision under the Type IV procedure shall be in compliance with applicable
goals, policies, and objectives of the Metro Plan, applicable State statutes, and the
provisions of the Springfield Development Code.
Findings:
1. Notice of the pending vacation was published in the Springfield News on Saturday,
April 11 and April 18, more than 20 days prior to'the date of the public hearing before
the City Council.
2. A staff report and the application together with all supporting materials relied upon by
the applicant were available for public review before the hearing,
Conclusion:
Procedural requirements for processing the requested'vacation of a puPlic utility
easement have been met.
III. Criteria for Decision Making
Article 9.030 of the SDC details the criteria to be applied by the Council when
considering a vacation request:
Willamalane Vacation of Public Utility Easement 2
Journal No. 98-03-055 A-2
99057041
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"The applicant shall demonstrate that the following criteria have been met in order to
approve a Vacation request:
(1)
The Vacation is in conformance with the Metro Plan includinflany
adopted Street Plans, and/or Conceptual Plans.
(2)
There are no negative effects on access, traffic circulation, and
emergency service protection; or any other public benefit derived
from the easement, right of way or plat.
IV. Findings and Conclusions
(1) The Vacation is in conformance with the Metro Plan including any adopted
Street Plans, and/or Conceptual Plans.
Findings:
1. The easement to be vacated is a 25-foot utility easement. A review of the Conceptual
Local Street Plan (6/97) shows no conflict with the easement vacation.
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2. No Conceptual Plans or Refinement Plans exist for the area encompassing the subject
property .
3. A review of the Public Utilities, Services, and Facilities Element of the Metro Plan
(III-G) reveal.ed the vacation does not conflict with the Plan's goals or policies.
Conclusion:
The proposed vacation conforms to area Street Plans, Conceptual Plans and the Metro
Plan.
(2) There are no negative effects on access, traffic circulation, and emergency
service protection; or any other public benefit derived from the easement, right
of way or plat.
Findings:
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1. The easement was created at the time the property was partitioned (6/97). It was
included in the plat to allow access to SUB service from the McKenzie Highway to
the south. Subsequently, water service was provided to the property from Thurston
Rd., which borders on the north of the site.
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2. A letter in the partition file lists the easements required by the Springfield Utility
Board (SUB) to allow access to the property. The subject utility easement was not
Wil/ama/ane . Vacation of Public Utility Easement 3
Journal No. 98-03-055
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99057041
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among those easements listed by SUB. SUB has provided a letter to staff affirming
that the 25- foot easement is not required
3. As part of the Development Review Committee process, a notice describing the
proposed vacation was sent to affected public and private utilities, and was circulated
among the appropriate. departments within the City of Springfield. The notice
requested comments or concerns about the vacation be forwarded to the Planning
staff. Staff received no responses.
Conclusion:
A review of the proposed vacation by affected public and private utilities and the City of
Springfield indicates no negative effects on access or services are likely to occur if the
easement is vacated.
V. Recommendation
Based on the criteria specified in the Springfield Development Code, the requested
vacation of the public utility easement meets the test for approval. Staff therefore
recommends the Springfield City Council approve the action.
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Willamalane Vacation of Public Utility Easement 4
JournallVo.98-03-055
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99057041
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NOTICE OF PUBLIC HEARING
BEFORE THE
CITY COUNCIL OF SPRINGFIELD
Notice is hereby given that the City Council ofthe City of Springfield will conduct a
public hearing and reading of a resolution in the matter of a request by Willamalane Parks
and Recreation District to vacate a public utility easement at the new Bob Artz Park on
Thurston Rd. The hearing will be held on Monday, May 4, 1998 at 7:00 p.m. in the
Council Chambers at City Hall, 225 Fifth Street, Springfield, Oregon, 97477.
The 25 foot wide easement is located on property identified as Map #17-02-35-00, Tax
Lot 4402 on the Lane County Assessor's Map. The site. includes approximately 11.3 acres
of land located south of Thurston Rd. and east of Thurston Elementary School. The
subject property is known as Bob Artz Park.
Article 9.030 of the SDC details the criteria to be applied by the City Council when
considering a vacation request. These criteria require that: 1) the vacation be in
conformance with the Metro Plan including any adopted Street Plans, and/or Conceptual
Plans; and 2) the vacation causes are no negative effects on access, traffic circulation, and
emergency service protection; or any other public benefit derived from the easement,
right of way or plat.
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Written comments concerning the issue will be received by the Springfield Development
. Services Department,225 Fifth Street, Springfield, Oregon 97477 until 5:00 p.m. on
Friday, April 24, 1998. Citizens may also submit written or oral testimony during the
public portion of the hearing. A staff report, the application and all documents and
evidence relied upon by the applicant shall be available for inspection at the Springfield
Development Services Department after April 30, 1998.
If you have questions regarding this matter, contact Mark Metzger, Planner III, of the
Development Services Department, or call 726-3775.
Gregory S. Mott, Planning,Manager
Published in the Springfield News on April II , and April 18, 1998
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Wi//amalane Vaeation of Publie Utility Easement 5
Journal No. 98-03-055
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PUBLIC UTILITY -EASEMENT VACATION
99057041 WILLAMALANE PARK AND
RECREATION DISTRICT
SPRINGFIELD, LANE COUNTY, OREGON
MARCH 2, 1998
SCALE 1 "=100'
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REGISTERED
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OREGON
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DAVID L. BROWN
2609
EXPIRES DEC. 31. 1999
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SprlD&1leld. Ore,oD 87477
(OU)74e-0CI37 FAX (641)748-0380
VICINITY MAP
NOT TO SCALE
ATTACHMENT B
PROJECT No. 98-066
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99057041
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99057041
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
.5 FIFTH STREET
RINGFIELD, OREGON 97477
(503) 726-3759
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THE UNDERSIGNED ACRN:LEDGiaAT THE INFORMATION IN THIS AFPLICATION. IS ~
CORRECT AND ACCURATE. _~ " ~ 0-<
APPLICANT SIGNATURE ~ Uti!.2.-r/-- l ~ r-: I
VACATION APPLICATION - EASEMENT
DESCRIPTION OF PROPERTY TO BE VACATED
A portion of that 25' P.U.E. shown
on Parcel 2 of.L.P.P.N. 97~P099 and dedicated on said plat:
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DISCUSSION OF REPLACEMENT EASEMENTS, IF APPLICABLE Water line intended to
be extended in this easement has already been placed in joint access and
utility easement coming in from Thurston Road.
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REASON FOR THE VACATION
The easement is now unnecessary and interferes
with the location of future Bob Artz Park improvements.
APPLICANT NAME
Willamalane Park & Recreation District
ADDRESS
200 S Mill Street
Springfield, OR'97477
PHONE: 726-4335
OVER
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99057041
\ EASEMENT VACATION REQUEST ,
PARCEL/2, LAND PARTITION PLAT NO. 97-P099
SPRINGFIELD, OREGON
A. The vacation is in conformance with the Metro Plan including any adopted street plans
and/or conceptual plans.
This vacation plan is in conformance with the Metro Plan. The anticipated need for this easement
(water service for Bob Artz Park and School site) has been met by the extension of the water line
in Thurston Road through an existing access and utility easement.
B. There are' no negative effects on access, traffic circulation and emergency service protection or
any other public benefit derived from the easement, right-ol-way or plat.
There are no negative effects on public facilities because the need anticipated has been met by a
water line extension from the north. The easement and water line have been relocated to
accommodate a revision in the plans for Bob Artz Park.
Project No, 98-66
WiIlamalane Park & Recreation District
March 2, 1998
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99057041
DESCRIPTION
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF LAND PARTITION PLAT
NUMBER 97-P0999, THENCE SOUTH 23056'2211 EAST ALONG THE EAST LINE OF SAID
PARCEL A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 23056'2211 EAST A DISTANCE OF 28.77 FEET; THENCE LEAVING
LAST SAID LINE SOUTH 36023'2511 WEST A DISTANCE OF 519.52 FEET; THENCE
NORTli A DISTANCE OF 48.22 FEET; THENCE EAST A DISTANCE OF 4.48 FEET;
THENCE NORTH 36023'2511 EAST A DISTANCE OF 492.29 FEET TO THE TRUE POINT
OF BEGINNING.
REG'STERED
PROFESSIONAL
LAND SURVEYOR
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OREGON
JULY 20, 1993
DAVID l. BROWN
2609
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EXPIRES gJ'3l I~
State of Oregon
i 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 JUN 28 APll1=04
Reel
2564R
Lane County OFFICIAL Records
Lane County Clerk
By:
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County Clerk
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Project No. 98-066
March 2, 1998
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