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HomeMy WebLinkAboutOrdinance 5896 10/19/1998 . ORDINANCE NO. 5896 AN ORDINANCE V ACA TING A PORTION OF A STORMW A TER DRAINAGE EASEMENT AND A PORTION OF A SANITARY SEWER EASEMENT IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON. WHEREAS, the Springfield City Council has declared its intention to vacate a portion of a stormwater drainage easement and a portion of a sanitary sewer easement in the City of Springfield; and WHEREAS, the application for vacation was submitted in conformance with the provisions ofORS 271.080 et seq., and with the provisions of Article 9 VACATIONS ofthe 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 Monday, the 5th day of October, 1998, at the hour of7:00 p.m., to hear any objections to the proposed vacation and 0 persons appeared to object; NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN: Section 1: The Council finds that legal notice of the hearing was lawfully published and posted; that ~ objections were made at the vacation hearing held; that public interest will not be impaired by the vacation of the easements and that the said easement vacations will be in the best interest of the public and benefit the property involved. Section 2: The public easement in the City of Springfield, as described in Attachment 3 ofthis 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 5896 Page Two . Section 5: It is a further condition of this vacation that nothing herein contained shall cause or require the removal of 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 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 by a vote of ~ in favor and ~ againstthis 19th day of October , 1998. APPROVED by the Mayor of the City of Springfield this ~ day of Oc.tober 1998. ATTEST: t3it/M4- Mayor .- Q~ LJJ~ . REVIEWED & APPROVED AS\TO FORM ......) ,:) ~..~..) L l"'--Aw--.' DATE:~ 2.'\1~ OFFICE OF CITY ATTORNEY . . VACATION REQUEST STAFF REPORT AND FINDINGS Applicant McKenzie Willamette Hospital 1460 "G" Street Springfield, OR 97477 .Journal Number 98-04-075 REQUEST The applicant, McKenzie Willamette Hospital, is requesting vacation of a portion of a stormwater drainage easement and a portion of a 6-foot sanitary sewer easement. SITE INFORMATION The subject property is located south of Harlow Road, east of Beverly Street, west of Hartman Lane and north of Darlene Avenue, Assessor's map 17-03-22-33 tax lot 300. The property is also known as parcel 3 of PaIiition Plat 94-P0606, filed with Lane County on 11/23/94. DISCUSSION . The Applicant, McKenzie- Willamette Hospital, requests vacation of a stonnwater easement and a portion of a sanitary sewer easement on the 6.03 acre subject parcel. The applicant is currently seeking to subdivide the parcel into four lots that include three buildable lots for General Office use, and one lot to contain the existing private drive extending south and east from the intersection of Harlow Road and Gateway Street (Journal Number 98-04-074). The easements proposed for vacation are located within proposed development arcas. The storm water drainage easement (Book 188, page 227 LCODR) transverses diagonally across the site generally from the northwest corner to the southeast corner. A 6-foot wide sanitary sewer easement (City of Springfield 6/02/66 receipt number 49412) is located in an east-west alignment in the northern portion of the parcel then continues south and back to a east-west alignment along the southern property line. Only the northern 'pOliion of the sanitary sewer easement is proposed for vacation. SPRINGFIELD DEVELOPMENT CODE CRITERIA Section 9.030 of the Springfield Development Code established vacation criteria that must be met in order to approve this request. The following findings address each of the criteria: (1) THE VACATION IS IN CONFORMANCE WITH THE METRO PLAN INLUDING ADOPTED STREET PLANS AND/OR CONCEPTUAL PLANS: The Metro Plan is a general plan that does not specifically address the vacations of public utility easements. However, this vacation request is consistent with Metro Plan text regarding the provision of key urban services. The vacation will not affect the provision of key urban services for this site,or adjacent property because storm water drainage and sanitary sewer functions will be provided through easements and facilities located elsewhere on the site. . Finding: Because the subject area can be served with key urban services, this criterion has been fu I fi lied, ATTACHMENT 1-1 . (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. This vacation will have no effect on access, traffic circulation or emergency service protection. The City's public Works and Planning Departments have determined that, given the lack of use, duplication of services and recording of public utility easements during the subdivision process, approval of the vacation will not negatively affect the provision of public facilities or any other, public benefit derived from the easements. Finding: Because the vacation will not have negative effects on access, traffic circulation, emergency service protection or public benefits, this criterion has been met. CONCLUSION This Vacation Request is consistent with the criteria for approval set forth in Article 9, VACATIONS, of the Springfield Development Code. ACTION REQUESTED Staff recommends that the City Council approve the Vacation Request by motion based on the findings in this staff report. . . ATTACHMENT 1-2 -~ ..~._""'~"~~ Site Map I 17-03-22-33 tax lot 300 + Scale: 1 inch = 200 feet \ \ \ \ \ \ \ \ \ \ \ ~--~ (') J: is: m Z -l ~ i ! _-------f : I U I , I --~ ! i i I :--'1 , I I I iWi I ! , I I I I ~I , "i ItiJ I 'L""", ! , ", I~ al I ~._~ --------, I -l --_J I I I I I i I [ I I i I i ---I L,_~ i I i I I --~.J I I I I ' I I I I L--_ i I ! I ----1 I ! I ,----1 ~ I - ~l I i -. ~ . .- -"",~....,~...,7"- '--\.. \ ~o?>.o. ~ ~?>.'(\ 0 ..n.. . . fdra/' Portlon 0 mage easement to be vacated ~ Ii enl qr RI I i i I I I i ___ , r- ----.- I i -- ! I I · I Jj-_____J ~--i I I i } ~ [-=-1 \ \ \ \ \ I \ \ Portion of sewer / easement ~o, ~. ~acated ~ II easement to I rennin ~"J II ~ Sewer I I I I I Darlene Avenue ,---T--j 1---+ - J I r-u-r-- I , ) \--~ iJ I Uu u _L__ -LJ -------J \ _____ _. . This map is for locational referance only. All property lines and ~ locations are approximations. Ii I' r\ --~----- ~~-- Producerl by the City of Spingfield 9/98 . . . An easement as described in Reel 2880, Instrument No. 49412, Official Rocords of Lane County Oregon, recorded June 2, 1966, and being more particularly d8scribed as follows Commencing at <3 Lane County Brass Cap monument marking the Northealilst corner of the Johr G Day Donation Land Claim No. 58, in Township 17 South, Range 3 Wes~ Wltlamette Meridian; thence North 89054'21" West a distance of , ". ~ 6,00 feet to the TRUE POINT of BEGINNING; thence North 89054'2 r' -West 8 distance of 444.00 feet: thence North 0005'39" East a distance of 6.00 feet: thence'South 89054'21" East a distance 443.98 feet; thence South 0"18'00" vvest a distanCe ()f 6.00 feet to the TRUE POINT of BEGINNING, 811 in Springfield. Lane County, Oregon, Descrrption basP(1 'In Land Partition No, 94-P0606 ATTACHMENT 3-: I ~ . t . . . . An portion of the easement as described 111 Book 188, Page 227, Official Records of Lane ::ounty, Oregon, recordod April 13, 1937, the centerline of which being '110'{- l'Jarticularly described as follows: Commencing at ~ Lane County Brass Cap monument marking the Northeast c:xner of the JOh~l G Day Donation Land Claim No 58, in Township 17 South, r~ange 3 West Willamette Meridian; thence South 0018'00" West a distance of 26455 feet to ? ':/8 inch rebar on the South line of Parcel 3 of Land Partition No 94-P0606, OfflCl;::]1 Records of Land County, Oregon; thence along the south line of saId Parcel ..~ South 89056'00" East a distance of 50,82 feet to the TRUE POINT of BEGINNING: thence North 43030'37" West a distance of 84.14 feet; thence Nor1r '.~. 48'59" West a distance of 181.69 feet; thence North 72059'51" Vi/est a distance ~.1f 223,76 feet; thence North 66027'Oau West a distance of 201 00 feet: ther'(:e North 68020'58" West a distance of 58.81 feet to a point on the North line ct P~rcel 3 and the point of terminus of this centerline description, 311 in Springf'el(~ :ane County, Oregon, Uesriptlon baser' :)n Land Partition No, 94-P0606 ATTACHMENT 3- ';.,