HomeMy WebLinkAboutOrdinance 6139 08/01/2005
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ORDINANCE NO. 6139
AN ORDINANCE V ACA TING A PUBLIC EASEMENT IN THE CITY OF
SPRINGFIELD, LANE COUNTY OREGON.
WHEREAS, The application for vacation was submitted in conformance with the
with the provisions of Section 3.050 of the Springfield Development Code; 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 18th day of July, 2005, at the hour of 7:00 p.m., to hear public
testimony and comment regarding the proposed vacation; 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;
NOW THEREFORE, THE CITY COUNCIL DOES ORDAIN:
Section 1: The Council finds legal notice of the hearing was duly given, lawfully
published and posted; the consent of the owners of the requisite area has been obtained;
public interest will not be impaired by the vacation of the easement and the said easement
vacation will be in the interest of the public and benefit the property involved.
Section 2: The public easement in the City of Springfield, as described in Exhibit A of
this Ordinance, is declared to be vacated. >
Section 3: The findings set forth in the Staff Report dated July 8, 2005, attached hereto
as Exhibit B and incorporated herein by reference, are hereby adopted in support of the
vacation.
Section 4: It is a further condition of this vacation that nothing herein contained shall
cause or require the removal of or abandonment of any sanitary or storm sewer line,
water main, gas main, maintenance/access road, 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.
Section 5: The City Recorder is directed to file certified copies ofthis ordinance with the
Lane County Clerk, Lane County Assessor, and Lane County Surveyor.
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ADOPTED by the Common Council of the City of Springfield by a vote of ~ in favor
and ~ against this ~ day of August, 2005.
. Council .Pr~;i.del1t. . .
APPROVED by the Ma-ye-F-otthe LIty or :spnngfield thIS 1st day of August
2005.
ATTEST:
President
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City Recorder
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State of Oregon )
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County of Lane )
This instrument was acknowledg~d bef0{e me on Av~ v......s:t I, ~OO 5"" by
~olwt Wondra II\..) as O~r:cl .1 . of the ity of Springfield.
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Notary Pub 'c for Oregon
My commission expires: 11/;:;-;;;. d"-()7J tj
OFFICIAL SEAL
AMY L SOWA
NOTARY PUBLIC - OREGON
COMMISSION NO. 397942
MY COMMISSION EXPIRES NOV. 22, 2009
Ordinance No. 6139
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Division of Chief Deputy Clerk "nnf.M,n4" '
Lane County Deeds and Records 'UUU U'~U ,
1111111111111111111111111111111111111111111111111 $61 ,00
00794960200600230420080083 04/0512006 09: 15: 42 AM '
RPR-VAC Cnt=1 Stn=1 CASHIER 05 I
$40.00 $10.00 $11.00
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Legal Description
for a portionof a
26.5 foot Railroad Easement to be Vacated
Beginning at the northwest comer of Lot 1, Block 2 of Wild ish Industrial Tracts as platted and'
recorded in Book 56, Page 11 of the Lane County Oregon Plat Records; thence along the west
line of said Block 2 the following four (4) courses and distances; South 0000212511 West 793.96
. feet, along the arc of a 382.24 foot radius curve left (the chord of which bears South 26020'0511
East339.62 feet) a distance of 351.91 feet. South 52042'35'1 East 50.00 feet and South 60'52'5011
East 324.46 feet to the comer common to Lot 7, Lot 8 and Lot 11 all in B}ock 2 of said Wildish..
Industrial Tracts; the~ce along the common boundary between Lot 7, Block 2 and Lot 8, Block 2
of said Wildish Industrial Tracts North 29007'1011 East 18.42 feet; thence leaving said boundary
line and running North 52029'06" West 55.37 feet; thence Nox:th 60052'50" West 239.73 feet;
thence North 55043'0711 West 75.99 feet; th~nce along the arc of a 355.74 foot radius curve right
(the chord of which bears North 26020'05" West 316.07 feet) a distance of 327.52 feet; thence
North 00002'25" East 806.52 feet to a point on the north boundary of ' Lot 1, Block 2 of said
Wildish Industrial Tracts; thence South 64041'10 West 29.32 feet to the point of beginning, all in
Lane County, Oregon
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EXHIBIT A
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TYPEIV RAILROAD EASEMENt VACATION,
STAFF REPORT & RECOMMENDATION
Project Name: Williams Bakery Facility
Case Number: DRC2005-00029
Project Location: 2000 Nugget Way; Map Number 18-03-03-11 Tax Lot(s) 3700, 3800,3900,
4000, 4100, 4200 & Map Number 18-03-03-1 Tax Lot 1300. .
Zoning: Light Medium Industrial (LMI)
Applicable Refinement Plan: Glenwood Refmement Plan
Refinement Plan Designation: LMI
Application Submitted Date: May 6, 2005
Application Accepted as Complete Date: June 3, 2005
City Council Hearing Date: July 18, 2005
Staff Recommendation: Approval
Associated Applications: ZON2005-00008 (Development Issues Meeting), PRE2005-00021,
DRC2005-00030 (Tree Felling Permit)
CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM
APPLICANT'S DEVELOPMENT REVIEW TEAM
PHONE
682-3399
726-3649
726-4585
736-1034
736-1035.'
726-2293
726-3668
Applicant/Owner:
Wildish Building Company
Attn: Randy Hledik
PO Box 7428
Euaene, OR 97401
Lead Consultant:
Satre Associates
Attn: Rick Satre, ASLA
132 East Broadway
Eugene, OR 97401
ATTACHMENT
1-1
EXHIBIT ,B '
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Nature of .;\pplic;ation:
The applicant, Wildish Industrial Development Corporation, is requesting to vacate a p6rtio]J. of a
26.5-foot wide public railroad easement in the Wildish Industrial Tracts Subdivision because
there is no need for future railroad access to the adjacent properties.
Site Information
The subject property is located south of the Nugget Way and 19th Avenue intersection on the west
side of Nugget Way, Map Number 18~03-03-11, Tax Lot(s) 3700,3800,3900,4000,4100,4200
& Map Number 18-03-03-1 Tax Lot 1300. The property is also referred to as Lots 1-7 of the
Wildish Industrial Tracts as platted and recorded in Book 56, Page 11 of the Lane County Oregon
Plat Records.
Background
The Williams BakeryFacility, which will be constructed on the subject property, received Final
Site Plan Approval on June 6, 2005, Case Number 2005-00029. While processing the Site Plan
Review application for the Williams Bakery Facility, it was recognized by City staff that the
existing 26.5-foot public railroad easementrunning along the western property line of Lots 1-7 of
the Wildish Industrial Tracts Subdivision would be unnecessary. The applicant was directed to
seek the City's approval for vacation of this public railroad easement.
Springfield Development Code Criteria
Springfield Development Code (SDC) Section 9.030 states the following criteria must be met in
order to approve the Vacation request:
1.' The Vacation is in conformance with the Metro Plan including any adopted Street
Plans and or Conceptual Plans;
The Eugene-Springfield Metropolitan Transportation Plan (TransPlan) establishes the
long-range policy framework for decision making for the region's multi-modal
transportation system.
Transportation System Improvements, System-Wide Policy #3: Corridor Preservation
states Eugene and Springfield should preserve corridors, such as rail rights-of-way,
private roads, and easements of regional significance, that are identified for future
transportation-related uses.
The subject railroad easement was created to provide rail access to the businesses located
within the Wildish Industrial Tracts; however, no rail line has been constructed within the
easement. Furthermore, the extension of this rail line off of the Union Pacific Main Line
is not identified in TransPlan for future transportation related use or goods movement in
the Metro Area.
Finding: Vacation of this public railroad easement will not adversely impact future
transportation related use or goods movement in the Metro Area, therefore Criterion 1 has
been satisfied.
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EXHIBIT B
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2. There ar:e no negative effects on access, traffic circulation and emergency service
protection; or any other public b~nefit derived from the easement, right o(way or
plat. . ,
Finding: This request involves a public railroad easement for provision of rail access to
the Wildish Industrial Tracts Subdivision. Since creation of this easement, the lots
contained within the Wildish Industrial Tracts have been developed with uses that do not
require rail access from said easement. As such, there is no public benefit derived from
this easement.
Finding: This Vacation proposal will have no negative effects on access, traffic
circulation, emergency service protection, therefore, Criterion 2 has been fulfilled.
Conclusion .
This Vacation request is consistent with the Criteria of Approval set forth in Article 9, Vacations,
of the Springfield Development Code.
Action Requested.
Staff recommends the City Council approve the Vacation request by motion based on the [mdings
of fact presented in this staff report
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EXHIBIT B
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OWNER/APPLICANT
WILDlSH OEVElOPMEHT CO.
P.O. BOX 7428
EUGENE. OREGON 97401
_ EASEMENT AREA
TO BE VACATED
ADDITIONAL COURSES
SEGMENT. BEARtlG DISTANCE RADlU5
~ N 64.4110' E 29.32' iAiiGENT
B 5 0.02'25' W 806.52' TANGENT
C N 26.20'05' W 316.07 355.74'
E N 55.43'07' W 75.99' TANGENT
F 5 60.52'50~ E 239.7J' . T ANGEIIT
G 5 52.29'06' E 55.36' TANGENT
H 5 29.0710' W 18.42' T ANGl:NT
I N 60"52'50' W 324.46' T ANGEHT
'J N 52.42'35' W 50.00' TANGENT
K 5 26.20'05' E 339.62' 382.24'
.I! N 0"01'15' E 793.96' T ANGEHT
2:L. ~
327.52' 52.45'00'
3Sl9l' 52"45'00'
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PROPOSED VACATED EASEMENT
FOR
W. I. D. C.
NE 1/4 SEC. 3 T 18 S, R 3 W W.M.
ASSESSOR'S MAP NO. 18-03-03-1-1
TAX LOT NO. 3700-4200
ASSESSOR'S MAP NO. 18-03-03-1-4'
TAX LOT NO. 1300
.GLENWOOD, LANE COUNTY, OREGON.
APRIL 13, 2005
CALClA.A TED P051TION
OF THE NW CORNER
DANIEL "oVEY D.l.C. No. 82
PER REF. 4
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SCALE : r . 200' .
EXPIRES: OECEMBER JL 2006
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