HomeMy WebLinkAboutOrdinance 5890 05/18/1998
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9844032
ORDINANCE NO. .5890
(EMERGENCY)
AN ORDINANCE VACATING A DEDICATED PUBLIC ROAD RIGHT-OF-
WAY LOCATED BETWEEN SOUTH 35TH STREET AND SOUTH 37TH STREET
IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON DESCRIBED ON
ASSESSOR'S MAP 17-02-31-43 AS TAX LOTS 2401,2501, AND PART OF TAX
LOT 2601.
WHEREAS, the application for rights-of-way 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 Springfield Planning Commission conducted a public hearing on
this proposed vacation on May 5th, 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 these rights-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 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 18th day of May, 1998, 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 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.
Sl64JUN.OS:r9Btt01REC
81-~JUN.OS:r9Btt01PFUND
15.00
10.00
ORDINANCE J:)Rqn
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9844032
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.
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.
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Section 5. All existing public and utility easements shall remain in full force and
effect upon the vacated property.
Section 6: It is a further condition of this vacation that 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.
Section 7: It is hereby found and determinedjhat the matters relating to the
vacation of this 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.
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ADOPTED by the Common Council of the City of Springfield this .18th day of
May, 1998.
APPROVED by the Mayor of the City of Springfield this 18th day of May, 1998.
At:~
(g.q>R~
Assistant City Manager Gino Grimaldi
REVIEWED & APPROVED
AS TO FORM
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DATE: "5 r &.} 1~
OFFICE OF CITY ATTORNEY
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Mayor
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ORDINANCE 5890
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9844032
LEGAL DESCRIPTION FOR KERR VACATION
Parcel 1
The east 25.0 feet of Lot 4, Block 8. Douglas Gardens as platted and recorded in Book 4. Pag<
73. Lane County Oregon Plat Records in Lane County, Oregon.
Parcel 2
Beginning at a point being North 89042'00" West 247.35 feet from the Northeast corner of Lot
5. Block 8, Douglas Gardens as platted and recorded in Book 4. Page .73, Lane county Oregor
Plat Records; thence along the arc of 46.00 foot radius curve right (the chord of which bears
South 26027'00" West 32.64 feet) a distance of 33.37 feet; thence along the arc of a 20.00 foo
radius curve left (the chord of which bears South 23043'30" West 15.96 feet)' a distance of
16.41 feet; thence South 00013'00" West 30.32 feet; thence North 89042'00" West 25.00 feet;
thence North 00013'00" East 74,.27 feet; thence South 89042'00" East45.78 feet to the point 0
beginning in Lane County, Oregon.
Parcel 3
Beginning at a point being South 00013'00'" West 7.4.27 feet and North 89042'00" West 293.13
feet from the Northeast of Lot 5, Block 8, Douglas Gardens as platted and recorded in Book 4,
Page 73,. Lane county Oregon Plat Records; thence South 89042'00" East 25.00 feet; thence.
South 00013'00" West 74.27 feet; thence North 89042'00" West 25.00 feet; thence North
00013'00" East 74.27 feet to the point of beginning in Lane County, Oregon.
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State of Oregon
County of Lane - ss.
I, the County Clerk, in and for the said
County, do hereby certify that the within
instrument was received for record at
Q
'98 JUN 8 P~1 3:07
Reel
2427R
Lane County OFFICIAL Records
Lane County Clerk
By:
U;JJ A ~~aY
County Clerk
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VACATION REQUEST
PUBLIC ROAD RIGHT-OF-WAY
STAFF REPORT AND FINDINGS
DATE: April 13, 1998
JOURNAL NUMBER: 98-03-065
APPLICANT
Robert Tim Kerr
381 South 35th
Springfield, OR 97478
(TL 2400)
ASSOCIATED PROPERTY OWNER
Martha A. Wilson
387 South 35th
Springfield, OR 97478
(TL 2405)
Brent Deines
388 So. 37th
Springfield, OR 97478
(TL 2502)
Donald R BeyerIin
392 So. 37th
Springfield, OR 97478
(TL 2601)
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REQUEST
Conduct a public hearing concerning the vacation of a public road right-of-way, and decide whether to
advise the City Council to approve, approve with conditions or deny the request.
The applicant is requesting the vacation of a public road right-of-way. The current property owners of
Tax Lot 2400, 2405, 2502, and 260 I would like the vacated right-of-way returned to them for private use.
SITE INFORMATION
The subject properties involved in this request are located at 381 South 35th Street (Tax Lot 2400 and part
of Tax Lot 2401),387 South 35th Street (Tax Lot 2405 and part of Tax Lot 2401), 388 South 37th Street
(fax Lot 2502 and Tax Lot 2501), and 392 South 37th Street (fax Lot 2601) located on Assessor's Map
17-02-31-43.
DISCUSSION
Douglas Garde~ Subdivision was first platted in 1911 with several replats to follow ( 1953, 1968, 1970).
The above right-of-way was never a condition of any of the plats; the right-of,:,way dedication was a result
of a 1972 Minor Subdivision and a 1979 Partition. The current Conceptual Road ~etwork Plan does not
show any planned use for this right-of-way.
The applicant requests vacation of a public road right-of-way known as Tax Lot 240 I and Tax Lot 2501
and the west 25 feet of Tax Lot 2601, found on assessor's Map 17-02-31-43.
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The current property owners of Tax lot 2400 and 2405 would like to divide Tax Lot 2401 equally. Tax
Lot 2501 would be returned to the current property owner of Tax Lot 2502. The right-of-way on the west
side of Tax Lot 2601 would be returned to Tax Lot 2601.
V ACA nONS: 98-03-065
PAGE 1
ATTACHMENT - B
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SPRINGFIELD DEVEWPMENT CODE CRITERIA
Section 9.030 of the Springfield Development Code states: "The applicant shall demonstrate the
following criteria have been met in order to approve a Vacation request:"
(1) THE VACATION IS IN CONFORMANCE WITH THE METRO PLAN INCLUDING ANY
ADOPTED STREET PLANS AND/OR CONCEPTUAL PLANS;
The applicant states:
"The vacation is in conformance with the Metro Plan, for the City of Springfield has no immediate, nor
long-term Street or Conceptual Plans in thIs immediate area. "
Staff Response:
The applicant has stated that the proposed vacation is consistent with The Metro Plan. The Metro Plan is a
general plan, which does not specifically discuss the vacation of right-of-way. The right-of-way vacation
process is found in SDC Article 9. The SDC is in confonnance with the Metro Plan. TransPlan, the
adopted Metropolitan Area Street Plan, applies only to collector and arterial streets. The use of this right-
of-way would be classified as a local street.. Local streets do not appear in the SDC or the TransPlan;
therefore, TransPlan is not affected by this request. In addition, the right-of-way proposed to be vacated is
located out of the boundary of any adopted conceptual plan required by the Metro Plan; nor, does the
development of this rig\lt-of-way appear on Springfield's Conceptual Road Network Map adopted July
1997.
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Finding:
This application complies with criterion (I) since the SDC complies with the Metro Plan, and there is no
Conceptual Road Network Plan which includes public road development of this right-of-way.
(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.
The applicant states:
"Furthermore there are no negative effects on access, Traffic Circulation, and emergencyService
Protection; or any other Public Benefit derived from the return of Lot #2401 to the Original Lots #2400
and Lot #2405. "
Staff Response:
There Are No Negative Effects On Access
Access in this case refers to panhandle Tax Lots 2400,2405,2502, and 2601. Lot 4 in Block 8 of Douglas
Gardens Subdivision was divided into four tax lots (2403, 2404, 2400, 2405); Tax Lots 2400 and 2405
share ajoint use/access driveway from South 35th Street. Lot 5 in Block 8 of Douglas Gardens
Subdivision was also divided into four tax lots (2500, 2502, i600, and 2601); Tax Lots 2502 and 2601
share a joint use/access driveway
Finding:
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The vacation request will have no negative effect on access to either Tax Lots 2400, 2405, 2502, or 260 I;
therefore, this application complies with this portion of criterion (2).
V ACA nONS: 98-03-065
PAGE 2 B-2
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There Are No Negative Effects On Traffic Circulation
Currently the right-of-way represents a "paper street'. This means the right-of-way is under City
jurisdiction, but the street was never constructed, nor does it appear on the Conceptual Road Network Plan
for future construction. Approval of this vacation request will not change the current traffic circulation
patterns. Approval of this application will have no negative effecton traffic circulation.
Finding:
This criterion is met because the vacation request will have no negative effect on traffic circulation.
There Are No Ne~ative Effects On Eme~~ncy Service Protection
Staff Response:
The area proposed to be vacated is not part of any future public street plan. Approval of this application
will have no negative affects or any other public benefit derived from the right-of-way.
CONCLUSION
The applicant states that there are no negative impacts caused by the proposed vacation. Staff concurs with
the applicant's statement. Staffhas demonstrated that the proposed request to vacate the public road right-
of-way is in confonnance with the vacation criteria of approval (Ref. SDC 9.030). There are no conditions
of approval to be added to this application based on the above mentioned criteria.
RECOMMENDATION
Staff recommends that the Springfield Planning Commission approve the proposed vacation request based
on the findings. of this staff report.
ACTION REQUESTED
. Advise the City Council to approve the vacation request at their public hearing on May 18, 1998 by motion
and signature of the attached recommendation by the Planning Commission Chairperson.
PREPARED BY
~Izr/.}Jxb'~
Kitti M. Gale
Planner I
V ACA nONS: 98-03-065
PAGE 3 B-3
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DEVELOPMENT SERVICES DEPARTMENT
225 FIFTH STREET
, SPRINGFIELD, OREGON 97477
'~503) 726-3759
VACATION APPLICATION -, STREET (J ALLEY (] SUBDIVISION PLAT
. :~OTHER S ~\,';-\ """~ S'.eu~
DESCRIPTION OF PROPERTY TO' BE VACATED tC!Yt 2/tD l-
Wa- JttS1'. ~-t -\-~e \G.-J) ~ ~k. -\:b-t Pl(,~~~o{ ,b
--\k l~e~dl1<ll'-s. ~5 .'2.tLo!). --O:.nd ~ q,.':fbS' .
PROPOSED USE OF THE PROPERTY TO BE VACATED L%. -\- he . e3-5-f :s:cJ e oQ t\1(
lot If 11100. . & wtsk ~. .bun~ ~ .uu~ ~~@ \_
REASON FOR THE VACATION ~ ..\.""~ \~N"''''~'~$ o€ fI .z-Y09
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APPLICANT NAME ~M \7 1l,,4'r (! ,~ ")
ADDR~SS ~ ~, 3 ~ s..;,
. ~i\'\~~\~ ~,r;.?l/71 PIiONE:~'7.. 7eff'
THE UNI)~RSIGNEO ACKNOqLEDGESTHAT THE INFORMATION IN. THIS APPLICATION IS
CORRECT AND ACCURATE. .
APPLICANT-SIGNATURE ,..IlJ~ It: 1~
OVER
Welby'S'
Car Care Center
-The Collision ExPerts"
The Detail Specialists
TIM KERR - BodY ShOP Manager
3415 MaIn St.
Springfield OR 97478
Phone (641) 726-7670
FAX # (641) 726-6498
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CITY OF SPRINGFIELD
PLANNING AND DEVELOPMENT DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OREGON 97477
PHONE: (503) 726-3759
CONSENT TO RIGHT OF VAY VACATION
PETITIONER OR. 0_ r ,~ ... -1-" L?
REPRESENTATIVE: .f.O~ ,. ,,~CZfi:
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REQUEST: Li'V {,O V4tC\. :e. ~ '~"l"-" ~
CONSENT OF ABUTTING OVNER OF HAP , LOT ·
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STATE OF OREGON,' COUNTY OF LANE, SS:
. ON THIS & DAY OF W1ltv{ffi 19~;
PERSONALLY CAME BEFORE ME, A NOTARY PUBLIC IN
~.,FOf SAID ~Y, J?} WITHIN NAME~
~~d .'l.~, ~/C.QJ(J) . ~.'t 'ZlIOO.
TO ME PERSONALLY KNOYN TO BE THE IDENTICAL
PERSON{S) DESCRIBED IN AND VBO EXECUTED THE
VITHIN INSTRUlffiNT, ,AND ACKNOVLEDGED TO HE THAT
,THIS INSTRUMENT VAS EXECUTED ,. FREELY AND
VOLUNTARILY FOR THE USES AND PURPOSES THEREIN
NAMED. '
VITNESS MY HAND AND SEAL THIS DAY AND YEAR'
LAST OVE WRITTEN.
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CITY OF SPRING. .ELD
PLANNING AND DEVELOPMENT DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OREGON 97477
PHONE: (503) 726-3759
CONSENT TO RIGHT OF WAY VACATION
PETITIONER OR (/ 6 --r- 1.-/
REPRESENTATIVE: ,La e I' t I \ ^- .eR~
REQUEST: ail ()l?S~I')"'.1~\~lo\ *' LlQcM'.e Lot ~:2ltd(
CONSENT OF ABUTTING OWNER OF MAP , LOT
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STATE OF OREGON, COUNTY OF LANE, 5S:
ON THIS \ ,-lb-DAYOF ~1.9~~
PERSONALLY CAME BEFORE ME, A NOTARY PUBLIC IN
~S~ ~~Y, l:~ :;;~IN NAMED
TO ME PERSONALLY KNOWN TO BE THE IDENTICAL PERSON(S)
DESRIBED IN AND WHO EXECUTED THE WITHIN INSTRUMENT,
AND ACKNOWLEDGED TO ME THAT THIS INSTRUMENT WA~ EXECUTED
FREELY AND VOLUNTARILY FOR THE USES AND PURPOSES THEREIN
NAMED.
WITNE S THIS DAY AND YEAR LAS~ ABOVE WRITTEN.
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CITY OF SPRINGFIELD
PLANNING AND DEVELOPMENT DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OREGON 97477
PHONE: (503) 726-3759
.
CONSENT TO RIGHT OF WAY VACATION
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SIGNATURE
SIGNATURE
ADDRESS
ADDRESS
CITY
STATE
ZIP
CITY
STATE
ZIP
STATE OF OREGON, COUNTY OF LANE, SS:
ON THIS J7+l DAY OF YJ1~\;. 19jz.
PERSONALLY"ICAME BEFORE MFl, A NOTARY PUBLIC IN
~ SAJf: ~Z:Y, . THE WITHIN NAMED
TO ME PERSONALLY KNOWN TO BE THE IDENTICAL PERSON(S)
DESRIBED IN AND WHO EXECUTED THE WITHIN INSTRUMENT,
AND ACKNOWLEDGED TO ME THAT THIS INSTRUMENT WAS EXECUTED
FREELY AND VOLUNTARILY FOR THE USES AND PURPOSES THEREIN
NAMED.
WITNE THIS DAY AND YEAR LAST ABOVE WRITTEN.
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~~u~ X~ P~OP ACCOUNT ~UMMARY
ACCT, 124238 i996~S~SMENT YEAR
INDEX: F MAP EQ 1702314 0240 ACCT X
ACCT STAT: .
PROP OEseR: 17 02 31 43-02400 NAME
LEGAL:
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,~(Yk>-eM T J(eeR,.
ADDR:_D'l'APLES JON t"A"l.RiCK &
381 S 35TH ST
SPRINGFIELD OR
r~ L.
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97478
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RSUM REAL PROP ACCOUNT SUMMARY 4/03/96 17 :13:
ACCT: 1497773 1996 ASSESSMENT YEAR COUNTY: LANE
INDEX: F MAP EQ 1702314~240~ ACCT X YRA X
ACCT STAT:
PROP DESCR: 17 02 31 43-02405 NAME ADDR: WILSON MAR~ A
LEGAL: PAR 2 PART PLAT 93-P0329 387 S 35TH ST
SPRINGFIELD OR 97477
RSUM REAL PROP ACCOUNT SUMMARY 4/03/96 17:13
ACCT: 1408382 1996 ASSESSMENT YEAR COUNTY: LANE
INDEX: F MAP EQ 1702314~ ACCT X YRA X
ACCT STAT:
PROP DESCR: 17 0231 43-02502 . NAME ADDR: DEINES BRENT W & DEBORA D
LEGAL: BOFE R1666 02/10/93 388 S 37THST
93-97 ADJUDICATED VALUE BOFE SPRINGFIELD OR 97478
93 BOFE R2590 00/00/00
. 94-98 ADJUDICATED VALUE BOFE
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CENTENNIAL Wllth
~EFORE THE PLANNING COMMISSION
OF rHE
CITY OF SPRINGFIELD, OREGON
REQUEST FOR THE VACATION OF RlGHT-QF.W AY I
BETWEEN SO. ,35TH STREET AND SO. 37TH STRE'El1
JOURNAL NUMBER 98-03-065
RECOMMENDATION
TO CITY COUNCIL
. NATURE OF THE APPLICATION
The vacation of a pubUc: road right.of-way 10eared between South 35th Street aD;d South 37th Suc,,-'[ fOllnd
on Assessor)s Map 17~3143 Tax Lots 2401t 2501, 8.nd2tiOL
1. On MZlrch 23, 1998 the following vaeaIion applic.aIion wlQ acaptcd:
Robert JCerr, Journal Number 98-03-065
2. The application was initiated and subtl1itted in accordance with Section 3.050 of the Springfield
Development Code. Timely and sufficimt norice of the public heatil:.g. purswnL to Sr.:ction 14.030 ofIhe:
Sprlne:field Development Code. has been provided.
3. On: May 5, 1998 a publk h.earIDg on the vacation request was held. The DcvclopnxeIi.t Sen-ioe
DC:PlU1mcnt staff note~ Md recommendation together with thl!! testimony and subl:lll~ of the p<:.rsons
testi1)'inf at me hearing have been cansidexed and are part of the record oftbis proceedinl.
CONCLUSION, .
on the basis of this record me requested V2IC2I.lon IIppIieation is found consistent with the criteria ofStX:tloll
9.030 of the Springfield Development Code. The general tlnd!n~ are $upportedby the specific findings of
fact and conclusion in the aUached SraffReport and Flndlngs. .
RltCOMMENDATION
The Planning Commission hereby rCQ)mlOenlU to the City Coundl to llpprove the vaca1'iOll requeSt at thdr
~MaY 18, 1~9g8,mlletin~_
," '-= 1
/' mg Co issioD OfaiJpcrson
A'ITEST
AYES:
NOES:
ABSENT;
ABST AfN;
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ATTACHMENT E