HomeMy WebLinkAboutOrdinance 6163 04/03/2006
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ORDINANCE NO. 6163
AN ORDINANCE VACATING PARCEL 2 ON PARTITIONS 94-P0498, 94-P0499 AND 94-P0500 IN
THE CITY OF SPRINGFIELD, lANE COUNTY, OREGON.
WHEREAS, the Springfield City Council has declared its intentior[ to vacate Parcel 2 on
Partition Plats 94-P0498, 94-P0499 and 94-P0500 as located in the City'of Springfield, filed in
the lane County Partition Records and described in Attachment" A" of this Ordinance; 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 Monday, the 6th day of March, 2006, at the hour of7:00 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 -L objections were made at the vacation hearing held; that the public
interest will not be impaired by the vacation of these partition plat lines, and that vacation of
said plat lines will be in the best interest of the public and increase the benefit of the property
involved.
Section 2: The partition plat lines, as located in the City of Springfield, filed in the Lane
County Office of Deeds and Records and described in Attachment A of this Ordinance, are
declared to be vacated.
Section 3: The findings and conditions adopted by the City Council in support of this
partial plat 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.
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Section 5: This partial plat vacation is subject to and explicitly reserves easement rights
for ~ny existing sewer, water main, gas main, conduit of any kind, po}e, structure~ or thing
used for or intended for public utilities or public service. The owner of any such utility or thing
is hereby reserved the right to access, maintain, continue, repair, reconstruct, renew, replace,
rebuild and enlarge any and all existing facilities.
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Section 6: It is further a condition of this vacation that nothing herein contained shall
cause or require the removal or abandonment of any sewer, water main, gas main, conduit,
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 easements.
3rd {\pril
ADOPTED by the Common Council of the City of Springfield this &1D. day of Mar~
2006 by a vote of -:L- for and ---D..- against. (1 absent - Fitch)
April
APPROVED by the Mayor of the City of Springfield this3rd day of-MttfefT, 2006.
ATTEST:
~n .-J{TlAJO-..,
City Re~der
State of Oregon
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) ss. :',.! NOTARY PUBLIC. fHffJi1i\i (~
. ) "'" ..... COMMISSION NO),J(ti42 j,i
MY COMMISSION EX!"1ES NOv. :~2 2()()9(,\
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This instrument was acknowledged before me on Aurd 3, (J-OD}o
by ~Idhei \,(J. Le.-I ten as Mayor of SpringTIt"ld.
IiMA~ ;1) .An-uJ7f-
NOTARY'P~LIC FOR OREGON
My' Commission Expires: 11/ J-J--J-oQ Cj
County of Lane
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ATTACHMENT A
Legal Description oLthe Area to be Vacated
Parcel 2 of Land Partition Plat Number 94-P0498 as platted and recorded in the L~ne County Partition
Plat Records, Lane County, Oregon.
Parcel 2 of Land Partition Plat Number 94-P0500 as platted and recorded in the Lane County Partition
Plat Records, Lane County, Oregon.
Parcel 2 of Land Partition Plat Number 94-P0499 as platted and recorded in the Lane County Partition
Plat Records, Lane County, Oregon.
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Division of Chief Depuly Clerk
Lane Counly Deeds and Records
l~~c.~lJ~~ 1,
1111111111111111111111111111111111111111111111111 $41,00
00794955200600230410040045
04/05/2006 09:15:42 AM
RPR-VAC Cnl=1 Sln=1 CASHIER 05
$20.00 $10.00 $11.00
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