HomeMy WebLinkAboutOrdinance 5896 10/19/1998
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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
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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.
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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
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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
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REVIEWED & APPROVED
AS\TO FORM
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DATE:~ 2.'\1~
OFFICE OF CITY ATTORNEY
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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
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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.
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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.
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ATTACHMENT 1-2
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Site Map I
17-03-22-33 tax lot 300
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This map is for locational
referance only. All property lines
and ~ locations are
approximations.
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Producerl by the City of Spingfield 9/98
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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
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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
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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- ';.,