HomeMy WebLinkAboutOrdinance 6185 09/18/2006
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VACATION
ORDINANCE NO. 6185
AN ORDINANCE VACATING A 14 FOOT WIDE, EAST - WEST ALLEY
IN BLOCK 1 OF THE MAP OF SPRINGFIELD, BOOK 1, PAGE 1 OF
PLAT RECORDS OF LANE COUNTY, OREGON, DATED APRIL 5, 1872
WHEREAS, the Springfield City 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 V ACA nONS 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 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 June
20, 2006 and July 5, 2006 in the Council Chambers of Springfield City Hall, 225 Fifth Stret,
Springfield OR and recommended approval with conditions on July 5, 2006 of this alley right-of-
way vacation (LRP2006-00019); and
WHEREAS the conditions recommended by the Planning Commission have been made
part of the site plan review decision issued on July 25,2006 (DRC2006-00033); and
WHEREAS, the Springfield City Council met in Council Chambers, at 225 Fifth Street,
on Monday, the 17thday of July, 2006, (First Reading) and on Monday, the 18th day of
September, 2006, (Second Reading) at the hour of7:00 p.m., to hear any objections to the
proposed vacation and ~ persons appeared to object;
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Division of Chief Deputy Clerk
Lane County Deeds and Records
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$46.00
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00847018200600698340050055
09/26/2006 11:02:20 AM
RPR-VAC Cnt=1 Stn=1 CASHIER 05
$25.00 $10.00 $11.00
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Return to: City of Springfield - City Recorder, 225 Fifth Street, Springfield, OR 97477
Ordinance 618.5_
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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 alley right-of-way, and that vacation of said alley will
be in the best interest of the public and increase the benefit of the property involved.
Section 2: The alley right-of-way in the City of Springfield, as described on the site map
and in the property description which are together attached as Exhibit A of this Ordinance, is
declared to be vacated.
Section 3: The findings adopted by the City Council in support of the alley right-of-way
vacation are hereby made part of this ,Ordinance by reference.
Section 4: The conditions of approval recommended by the Springfield Planning
Commission in its action regarding this alley right-of-way vacation (LRP2006-00019) are hereby
made a part of this Ordinance and are attached as Exhibit B of this Ordinance.
Section 5: The site plan review decision issued for the development containing the alley
right-of-way (DRC2006-00033) is hereby made part of this Ordinance by reference.
Section 6: This right-of-way vacation is subject to the establishment of temporary
easements or licenses for existing utilities located within the alley to be maintained, continued,
repaired, reconstructed, renewed, replaced, rebuilt or enlarged subject to the provisions of said
temporary easements or licenses. '
Section 7: 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 -1lt day of
September ,2006, by a vote of -EL- for and ~ against.
APPROVED by the Mayor ofthe City of Springfield this 18th day of September,
2006.
REVIEWE1) R L::1PROVED
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OFFICE Or CIW ATTORNEY
Ordinance 6185
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ATTEST:
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City Recorde
State of Oregon
County of Lane
Ordinance 6185
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OFFICIAL SEAL
_ AMY LSOWA
, \ NOTARY PUBLIC - OREGON
\'" .,/ COMMISSION NO. 397942
". . MY COMMISSION EXPIRES NOV. 22.2009
This instrument was acknowledged before me on
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by sldn~ ~~}_elk.e(\.
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of the City of Springfield.
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NOTARYPUBL~FOROREGON
My commission expires: J J,. ;rr;roO t:j
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BEGINNING AT THE SOUTHEAST CORNER OF LOT I OF ABOVE SAID BLOCK I, THENCE
SOUTHERLY 14.00 FEET ACROSS THE SAID ALLEY ALONG THE WESTERLY RIGHT OF WAY
OF FOURTH STREET TO THE NORTHEAST CORNER OF LOT 8; THENCE LEAVING THE
FOURTH STREET RIGHT OF WAY AND ALONG THE SOUTHERLY LINE OF THE ALLEY, 264
FEET TO THE NORTHWEST CORNER OF LOT 5; THENCE LEAVING THE SOUTHERLY LINE
OF SAID ALLEY, NORTHERLY 14 FEET ACROSS THE ALLEY ALONG THE EASTERLY RIGHT
OF WAY OF THIRD STREET TO THE SOUTHWEST CORNER OF LOT 4; THENCE LEAVING
THE EASTERLY RIGHT OF WAY OF THIRD STREET, EASTERLY 264 FEET, ALONG THE
NORTHERLY LINE OF SAID ALLEY TO THE POINT OF BEGINNING, ALL IN THE CITY OF
SPRINGFIELD, LANE COUNTY, OREGON AND CONTAINING 3,696 SQUARE FEET, MORE OR
LESS.
VICINITY MAP
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Ordinance 6185
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EXHIBIT B
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BEFORE THE PLANNING COMMISSION
OF THE
CITY OF SPRINGFIELD, ORJ!:GON
RECOMMENDATION TO THE CITY COUNCIL
CASE NO. LRP2006-00019
NATURE OF THE APPLICATION
Vacation of the mid~block alley located west of 4th Street between A Street and B Street..
I. On May 17, 2006 the following vacation application was accepted: Case No. LRP2006-000 19 - City
of Springfield, applicant.
2. The application was initiated and submitted in accordance with Section 3.050 of the Springfield
Development Code. Timely and sufficient notice of public hearing, pursuant to Sections 14.030 and
9.050 of the Springfield Development Code, has been provided. .
3. On June 20 and July 5, 2006, a public hearing on: the vacation request was held. The Development
Services Depmtment staff notes and recommendation together with the testimony and submitt<;ils of
the persons testifying' at that hearing have been considered and are part of the record of this
proceeding.
. CONCLUSION
Based on this record and as conditioned herein, the requested vacation application i~ consistent with the
criteria of SDC 9.030. This general finding is supported by the specific findings of fact and conclusions
in Attachment I, Vacation Staff Report.
RECOMMENDATION
The Planning Commission hereby recommends the City Council approve the vacation request at a public
hearing, subject to the following conditions: .
1. Prior to or concurrent with recording of the alley vacation, temporary easements or licenses shall be
provided for existing utilities located within the alley including, but not limited to, sanitary and stonn
sewer, cable television, telephone and telecommunications, and electricity.
2. Prior to or concurrent with recording ofthe alley vacation, temporary easements or licenses shall be
provided across the eastern and western ends of the alley, allowing for continued public use of the
egress driveways from the parking lots, access to the Lane Elections ballot drop box, and access to the
Best Little Printhouse for the duration of their occupancy.
ATTEST
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AYES: 7
NOES: 0
ABSENT: 0
ABSTAIN: 0
Ordinance 6185
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