HomeMy WebLinkAboutOrdinance 5897 11/02/1998
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ORDINANCE NO.
5897
AN ORDINANCE V ACATING A DEDICATED PUBLIC ALLEY RIGHT-OF-
WAY LOCATED BETWEEN'!, STREET AND' J' STREET IN THE CITY OF
SPRINGFIELD, LANE COUNTY OREGON DESCRIBED ON ASSESSOR'S MAP 17-
03-35-12, APPROXIMATELY 92 LINEAR FEET SEPARATING TAX LOTS 2600
AND 300.
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 OCTOBER 6th, 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 19th' day of October, 1998, at the hour of7:00 p.m., to hear any
objections to the proposed vacation and ~ persons appeared to object;
WHEREAS the City Council met for a second reading of the proposal on Monday,
November 2nd to hear any objections to the proposed vacation and 0 persons
app~ared 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.
ORDINANCE 5897
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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. 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 determined that the matters relating to the
vacation of this right-of-way are matters affecting the public health, safety and welfare,
and this Ordinance shall therefore take effect upon its passage by the Council and
approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield this 2nd day of
November, 1998.
APPROVED by the Mayor of the City of Springfield this 2nd day of November,
1998.
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Mayor
ATTEST:
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REVIEWED & APPROVED AS TO FORM
ORDINANCE
5897
REVIEWED & APPROVED
A~M rl ~\N
DATE: q \ \ '-t '1;
OFFICE OF CITY ATTORNEY
I:W ACA TION\SCHOOLl ,DOC
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