HomeMy WebLinkAboutOrdinance 5868 12/01/1997
.
.
.
"
,
ORDINANCE NO.
5868 (EMERGENCY)
AN ORDINANCE VACATING A PORTION OF WEST "A' AND WEST liB' STREETS
EXTENDING WEST THROUGH ISLAND PARK IN THE CITY OF SPRINGFIELD, LANE COUNTY
OREGON; AND DECLARING AN EMERGENCY.
WHEREAS, the application for rights- of- way 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 Springfield Planning Commission conducted a public hearing on this
proposed vacation on November 4, 1997, 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 these rights- of- way 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 1 st day of December, 1997, at the hour of 7:00p.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 ~ objections were made at the vacation hearing held; that the
public interest will not be impaired by the vacation of this public rights-of-way, and that
vacation of said rights-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 of this ordinance with
the Lane County Clerk, Lane County Assessor, and Lane County Surveyor.
ORDINANCE
Page 1
5868
.
.
.
Section 5: It is a further condition of this vacation that nothing herein contained shall
cause or require the removal or abandonment of any sewer, water main, gas main, 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 access, maintain, continue, repair, reconstruct,
renew, replace, rebuild and enlarge any and all such things under existing or future
easements.
Section 6: It is hereby found and determined that the matters relating to the vacation
of these rights-of-way are matters affecting the public health, safety and welfare and that an
emergency therefore exists, and this Ordinance shall therefore take effect immediately upon
its passage by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield this 1 st day of
December, 1997 by a vote of ~ for and ---1L against.
APPROVED by the Mayor of the City of Springfield this 1 st day of December, 1997.
ATTEST:
i~
Assistant City Manager Gino Grimaldi
REVIEWED & APPROVED
As.. TO FORM " "
~...~ --> w-....,o.\~~
DATE:~
OFFICE OF CI ATT RNEY
ORDINANCE
Page 2
5868
.
.
.
~~B" Street Proposed Vacated Area
The approximately 66 foot wide right of way of "8" Street West of the West right of way line of
Water Street in the subdivision recorded as Map of Springfield in Volume 1, Page 1, Lane County
Oregon Plat Records. 8eginning at the Southeast comer of Block 52, said point of beginning also
being on the West right of way line of Water Street and running thence westerly along the North
right of way line of "8" Street to a point which intersects the right bank of the Willamette River;
thence southwesterly along the right bank of the Willamette River to a point which intersects the
South right of way line of "8" Street; thence easterly along the South right of way line of "B"
Street to the West right of way line, of Water Street; thence northerly along the West right of way
line of Water Street to the point of beginning.
"A Street Proposed Vacated Area
The approximately 66 foot wide right of way of "A" Street from the Northwest comer of Lot 5,
Block 45, westerly to the right bank of the Willamette River in the subdivision recorded as Map of
Springfield in Volume 1, Page 1, Lane County Oregon Plat Records. Beginning at the Northwest
corner of Lot 5, Block 45, ruruling westerly along the South right of way line of "A" Street to a
point which intersects the right bank of the Willamette River; thence northwesterly along the right
bank of the Willamette River to a point which intersects the North right of way line of "A" street;
thence easterly along the North right of way line of "A" Street to the northerly extension of the
West line of Lot 5, Block 45; thence southerly along the northerly extension of the West line of Lot
5, Block 45 to the point of beginning.
Attachment A