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HomeMy WebLinkAboutOrdinance 6160 03/06/2006 . ORDINANCE NO. 6160 (SPECIAL) ,.9 l C AN ORDINANCE VACATING A 10-FOOT WIDE PORTION OF Q STREET IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON WHEREAS, the Springfield Common Council has declared its intention to vacate a 10-foot wide portion of Q Street in the City of Springfield; and WHEREAS, the application for right-of-way vacation was submitted in conformance with the provisions of ORS 271.080 et. seq., and with the provisions of Article 9 V ACA TIONS ofthe Springfield Development Code; and WHEREAS, the Springfield Planning Commission conducted a public hearing on this proposed vacation on February 7, 2006, 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 this right-of-way vacation satisfy the criteria of approval for vacations found in Section 9.060 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 Common Council met in Counc;il Chambers, at 225 Fifth Street, on Tuesday, the 21 st day of February, 2006 (First Reading) and on March 6th (Second Reading), at the hour of7:00 p.m., to hear any objections to the proposed vacation and .JL 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 --.JL. objections were made at the vacation hearing held; that the public interest will not be impaired by the vacation ofthis 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. 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 ofthis ordinance with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor. . ORDINANCE 6160 PAGE 1 . . . Section 5: This right-of-way vacation is subjectto and explicitly reserves easement rights for any existing sewer, water main, gas main, conduit of any kind, pole, 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. 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 or 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 easements. ADOPTED by the Common Council of the City of Springfield this 6th day of March, 2006 by a vote of ~ for and ~ against. ATTEST: {~;J1JW~ CitY' ecorder DATED this 1.1:1: day ofM a.r'?k. arch, 2006. APPROVED by the Mayor of the City ofSpri "' ",,:\,..r'-f\ ~ ,A ?n~O\lFn " 'q "r'\R:\h -~~,"'\ ~ \...~\~ r::" ' : r ~:..JJ '2 \ \ 06 (JFFICE OF CITY ATTORNEY City of Springfield State of Oregon ) ) ss. County of Lane ) 9/-.. (Position) by This instrument was acknowledged before me on cLt~ ~ NOTARYP BL CFOROREGON My commission expires: II ,;).J--;)-o-o ~ ORDINANCE 6160 Page 2 _OFFICIAL SEAL AMY LSOWA ~ i NOTARY PUBLIC - OREGON \" ;,.,.... COMMISSION NO. 397942 , . ' MY COMMISSION EXPIRES NOV, 22. 2009 . . . LEGAL DESCRIPTION Public Right-of-Way Vacation (A Portion of 'Q' Street) Map 17-03-26-13 Job No. 04-6005 A parcel of land lying in the Northeast Quarter of Section 26, Township 17 South, Range 3 West of the Willamette Meridian, Spring'field, Lane County, Oregon, and being more particularly described as follows: Beginning at a point on the intersection of the Westerly right-of-way line of 10th Street and the Northerly right-of-way line of 'Q' Street as dedicated by the Plat of Fuchsia Gardens, as platted and recorded in Book 29, Page 14, Lane County Oregon Plat Records, said point being East, 1283.69 feet and North, 40.00 feet from the Southwest comer of the William C. Spencer Donation Land Claim No. 50, Township 17 South, Range 3 West of the Willamette Meridian; run thence West, 194.28 feet along said Northerly right-of-way line of'Q' Street as dedicated by said Plat; thence leaving said Northerly right-of-way line run South, 10.00 feet; thence East, 194.28 feet; thence North, 10.00 feet to the Point of Beginning, in Springfield, Lane County, Oregon. Ordinance No. 6160 - - -- - - -- - -. - -- ~ . -~ - - -. - - . - - -- . Division of Chief Depuly Clerk ~nne.n~nn~A Lane Counly Deeds and Records 'UUU U'UU" 1111111111111111111111111111111111111111111111111 $31.00 00791662200600200240040044 0 3 03/24/2006 9: 8:40 AM RPR-ORDN Cnl=1 Sln=9 CASHIER 04 $20.00 $11.00 "----------------- ------- ----- -- ----- -- - /' . .