HomeMy WebLinkAboutOrdinance 5893 09/08/1998
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9878341.
ORDINANCE NO.
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(EMERGENCY)
AN ORDINANCE VACATING THE FULL WIDTH OF 18TH STREET PUBLIC RIGHT OF WAY,
EXTENDING SOUTH FROM "A" STREET TO ITS TERMINUS, IN THE CITY OF SPRINGFIELD,
LANE COUNTY, OREGON AND DECLARING AN EMERGENCY.
Whereas, the Springfield City Council has declared. its intention to vacate the full width of 18th
Street right of way from S. "A" Street to its terminus 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 easement 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 Tuesday, the 8th day of September, 1998, at the hour of 7:00 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 rights-of-way, and that vacation of
said rights-of-way will be in the best interest of the public and' increase the benefit of the
property involved. 9!!SSEP.30'98It07REC 15.00
Section 2: The public right of way in the City of Springfield'd~~)J:lescribed in Attachment
A of this Ordinance, is declared to be vacated.
Section 3: The findings adopted by the City Council in support of this 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.
Section 5: 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
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9878341
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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 6: It is hereby found and determined that the matters relating to the vacation
of these rights-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 8th day of
September, 1998 by a vote of ~ for and ----.0... against.
APPROVED by the Mayor of the City of Springfield this 8th day of September, 1998.
ATTEST:
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REVIEWED & APPROVED
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DATE: ~
OFFICE OF CITY ATTORNEY
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9878341.
SOUTH 18TH-STREET LEGAL DESCRIPTION.
That portion of South 18th Street dedicated as public right-of-way by City of Springfield
Ordinance No. 1574 and Ordinance No. 2629 and being more particularly described as follows:
Beginning at a point on the southerly line of South "A" Street which is South 89051'45" West
232,29 feet from an iron pipe which marks the Northwest corner of that tract of land previously
conveyed to the Apex Smelting Corporation described in that certain deed filed as Instrument
No, 86863 on Reel R 7-520 in Lane County Oregon Deed Records, Lane County, Oregon; from
said point of beginning run thence South 89041'45" West 3.0 feet; thence South 00017' West
464 feet more or less to the center line of the Apex Smelting Corporation railroad spur; thence
Northeasterly along the center line of said railroad spur to a point which is 43,0 feet easterly of
the aforementioned line running South 00017' West; thence North 00017' East 422 feet more or
less to the southerly line of South "A" Street; thence South 89051 '45" ,West 40,0 feet to the
point of beginning in the Isaac Briggs Donation Land Claim No. 83, Township 17 South, Range
3 West of the Willamette Meridian in Springfield, Lane County, Oregon.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
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OREGON
JULY 18, 1980
DON R. ROGERS
1920
~bL. ~'Tc= '"2.-0'-~
State of Oregon
County of Lane - 55.
I, the County Clerk, in and for the said
I County, do hereby certify that the within
instrument was received for record at
'98 SEP 30 AM 11 =50
Reel
2469R
I Lane County OFRCIAL Records
Lane County Clerk
By:
U;JJ A ~~aJ/
County Clerk
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