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HomeMy WebLinkAboutOrdinance 6213 01/22/2008 " VACATION ORDINANCE NO. 6213 (SPECIAL) AN ORDINANCE VACATING A PORTION OF 18TH STREET WITHIN RONALD PARK SUBDIVISION AS PLATTED AND RECORDED IN BOOK 14 PAGE 13 PLAT RECORDS OF LANE COUNTY, OREGON WHEREAS, the Springfield Common Council has declared its intention to vacate public right-of-way in the City of Springfield; and WHEREAS, the request 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 vacation satisfy the criteria of approval for vacations found in Section 9.060(2) 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 Planning Commission conducted a public hearing on October 16, 2007 in the Council Chambers of Springfield City Hall, 225 Fifth Street, Springfield OR and recommended conditional approval of this public right-of-way vacation (LRP2007-00024); and WHEREAS, the Springfield Common Council met in Council Chambers, at 225 Fifth Street, on Monday, the 19th day of November, 2007, (First Reading) and on Monday the 22 day of January ,2008, (Second Reading) at the hour of7:00 p.m., to hear any objections to the proposed vacation and ~ persons appeared to object; (Bar Code Sticker) Return to: City of Springfield - City Recorder, 225 Fifth Street, Springfield, OR 97477 Ordinance 6213 - 1 - 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 the street right-of-way, and that vacation of said street 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 generally depicted on the site map and more particularly described in the property legal description which are together attached as Exhibit A of this Ordinance, is declared to be vacated. Section 3: Findings 1 through 29 and Conclusions of Law adopted by the Common Council in support of the street right-of-way vacation are hereby made part of this Ordinance by reference. Section 4: This right-of-way vacation is subject to the special provision that Tax Lots 3600, 4700,4800,4900 and 5000 are consolidated with the vacated right-of-way area into a single titled property. Section 5: This right-of-way vacation is subject to the establishment of temporary easements or licenses for existing utilities located within the right-of-way to be maintained, continued, repaired, reconstructed, renewed, replaced, rebuilt or enlarged subject to the provisions of said temporary easements or licenses. Section 5: The City Recorder is directed to file certified copies of this ordinance with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor. ADOPTED by the Common Council of the City of Springfield this R day of January , 2008, by a vote of -L for and ~ against. APPROVED by the Mayor of the City of Springfield this 22nd day of January ,2008. NOTARY ON FOLLOWING PAGE Ordinance 6213 - 2 - nElJlEWED 8/APPROYED1 A~.:1 ~ DATE: J,J , b \ o!. LEGAL COUNSEL ATTEST: Citf:::ld~ State of Oregon County of Lane Ordinance 6213 ) ) ss. ) (I OFFICIAL SEAL .' AMY LSOWA \..) NOTARY PUBLIC - OREGON ....... ...... COMMISSION NO. 397942 MY COMMISSION EXPIRES NOV. 22,2009 This instrument was acknowledged before me on ..J'tUlu.a..rvt ~~ CMo8 by 5ld.netA W. Lel-kV"\ y-- :J (Name) as ~~ ~sitiOn) of the City of Springfield. ~C1)~ NOTARYPU ICFOROREGON My commission expires: II r :;,~- d.rJ7) '1 - 3 - 1 1 I i I 1 1 1 I i i 1 I 1 , : :34 1 231 $1 241 1 1 1 1 1 1 I 1 1 1 I I :t5j i32 1 ( I I I i I 1 I 1 1 I I 1 1 1 1 261 I :11 1 1 1 I I 1 I I 1 I I I I J I I I I I I I i I I I I , j , i EXHIBIT A - P1 EXHIBIT A CJ , I I I i -- ---- - --I 1__-, : 1'L 4(J(J(J I I , I '! 1'~tU' : I., P.()}l~ 1 t,; L.____...____l i I I , I'll 's1 " ~ : I ~ II 1 , : 1 , , l \ r- SO' R/l1' \1 r-....~' I I I 1'L 4700 ~-, h,.. j I ,-- I .J L____-' 18TH STREET VACATION 17. 4IJ(J() r-.......--~ 1 j I I 1 ! I ! I I t------J I ~ .._ <_J I ' ~________J rT~ /~ c----~ i : t I 1_____ w 1'L 4g{}(] "" ,"" .... .,.,..,,,,,,,,,,,, ..... " LEGAL DESCRIPTION Commencing at the Northeast corner Lot 33 Ronald Park as platted and recorded in Book 14 Page 13 Lane County Oregon Plat Records, said point also being on the westerly right-of-way line of 18th Street of said plat; - thence following along said Westerly right-of-way, South 57A9 feet to the True Point of Be~inning; thence leaving said Westerly right-of-way, East 50.00 feet to a point on the Easterly right-of-way of 18t Street; thence following along said Easterly right-of-way, South 110.20 feet to a point being 37.00 feet from, when measured at right angles to, the centerline of Q Street; thence following along a line parallel with and 37.00 feet offset from said centerline, along a curve to right, having a radius of 281.31 feet, an arc distance of 89.83 feet [the chord of which bears South 330 59' 07" West 89A5 feet] to the Westerly right-of-way of said 18th Street; thence following along said Westerly right-of-way North 184.37 feet to the True Point of Beginning, containing 7578 square feet, more or less, all within the Northwest Quarter of Section 25, Township 17 South, Range 3 West of the Willamette Meridian, Springfield, Lane County, Oregon, Ordinance 6213 - 4 -