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HomeMy WebLinkAboutOrdinance 6104 12/06/2004 ,8 . . . RETURN TO CASCADE TITLE CO. e (2.(12 S 78 fvo~- 70S. 7 C J ORDINANCE NO. 6104 (EM ERGENCY) AN ORDINANCE VACATING SPORTS WAY RIGHT OF WAY AND ABUTTING PUBLIC UTILITY EASEMENTS FROM MAPLE ISLAND ROAD SOUTH, APPROXIMATELY 435 FEET, IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. WHEREAS, Workstage LLC and Chambers 2000 LLC have made application to vacate the full width of Sports Way and 7 and 10 foot wide public utility easements on either side of said right of way, from the southerly right of way of Maple Island Road, south for a distance of approximately 435 feet, in the City of Springfield; 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 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, it is the City's intention to maintain legal access to properties north of and currently served by the affected length of Sports Way, WHEREAS, the owner of properties underlying the subject right of way has proposed the concurrent dedication of access easements for affected public and private properties, and seventy feet of right of way along the south-easterly boundary of said properties for future connection to the City's public street network, 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 December, 2004, at the hour of 7:00 p.m., to hear -any objections to the proposed vacation and -L persons appeared to object; Division of Chief Deputy Clerk Lane Counly Deeds and Records ~~~5.~~~~~~ 1111111111111111111111111111111111111111111111111 $61,00 00665644200500084900080080 02102/2005 04: 10: 16 PM RPR-VAC Cnl=l Sln=6 CASHIER 07 $40.00 $10.00 $11.00 / RETURN TO: CITY <J'-';"'-I'"~orICLU-,\:JOLII.J vVOKr..:"OcPI --zz:rFIFrffSTREET- SPRINGFIELD, OREGON 97477 1 :1 . . . 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 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 and public utility easements in the City of Springfield, as described in Attachment A of this Ordinance, are declared to be vacated., Section 3: The findings and conditions contained in Planning File LRP2004-00030 are adopted by the City Council in support of this right of way vacation, and 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. Section 5: This right of way vacation is subject to 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, 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 7: It is further a condition of this vacation that the City of Springfield, the Springfield Utility Board, Eugene Water and Electric Board, the Rainbow Water District, Pacificorp, the Knox Family Trust and existing public utility providers and easement holders hereby retain a temporary construction easement across the full width of vacated road and easements for utility, maintenance and agricultural vehicles until such time as an alternate access easement and all weather road surface capable of handling intended traffic is provided across the underlying property. Section 8: The aforementioned construction easement will remain in full force and effect until such time as all of the relocated public utilities within the proposed Public Utility Easements (Balzhiser & Hubbard Exhibit 2, west side) have been constructed and placed in service to the satisfaction of the City Engineer; and, 2 Ordinance No. 6104 . Section 9: The aforementioned temporary construction access easement will remain in full force and effect until such time as the new access way within the proposed Public . Access Easement (Balzhiser & Hubbard Exhibit 2, east side) has been granted, constructed and placed in service, to the satisfaction of the City Engineer; and, Secition 10: The Public Access Easement noted above in Section 9 will remain in full force and effect until such time as Maple Island Road is connected, directly or indirectly, to International Way or as such other access through public right of way is secured by the City of Springfield and is available to serve as legal access to the property owners and easement holders named above. Section 11: The width, location, and alignment of either the Proposed Public Utility Easement or the Proposed Public Access Easement (Balzhiser & Hubbard Exhibit 2) may be modified, as directed by the City Enginee'r, to accommodate the final design and construction of the associated public utilities and/or the new access way. Section 12: The proposed' 70 foot Dedication of Public Right-of-Way along the south easterly boundary of the subject site shall be submitted for review and acceptance by the City Engineer and filed concurrently with this Vacation Ordinance. Section 13: It is hereby found and determined that the matters relating to the vacation of this right-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 6th day of December, 2004 by a vote of ~ for and ~ against. (1 Abstention - Pishioneri, 1 Absent - Ballew) APPROVED by the Mayor of the City of Springfield this 6th day of .Q.(cember, 2004. ~~ State of Oregon ) .) ss. County of Lane ) OFFICIAL SEAL AMYlSOWA CNOTARY PUBLIC OREGON OM MISSION NO MY COMMISSION EXPIRES' Ng~~~~~05 -,= ATTEST: . REVIEWED & APPROVED AS. TO FORM \ -.JO,>~v\ -...J L~\~I DATE' '\ '2.. 1 '3.~ OFFICE OF CITY-ATT~ This instrument was ack~owledged before me on .De.cemb.er (.., ;)()() tf by $/d..rIep W. lei k..ut- as U tUj 0 ( , of the City 0 Springield. NOTARY ~ ~~~ __ My commission expires: /1,.. )-,-;;0'0) ~~~~m~ 1~~~5 ~~ Ordinance No. 6104 . EXHIBIT A City of Springfield Lane County October 21,2004 OSEC Job No. 632-1 File 001 STREET VACATION A PORTION OF SPORTS WAY A strip of land being 60.00 feet in width and being located in the West one-half of Section 15, Township 17 South, Range 3 West of the Willamette Meridian. Said strip lying within the exterior boundary of that land conveyed to Chambers 2000, LLC and recorded on September 26,2002, in Instrument No. 2002-074661 of the Lane County Oregon Deeds and Records that lies within that strip of land described in Deed Dedication to the public (Sports Way) recorded on December 4, 1973, in Reel 667R, Reception No. 7354193 of the Lane County Oregon Deeds and Records. . REGISTERED PROFESSIONAL LAND SURV OR L.-... \h.i (os OREGON FEB. 19, 1929 JAME:a ViT. C(~lTO~J ~ #5S7ES .i ~cvJ.\... ~", \'1...f~'ID') . . EXHIBIT A City of Springfield Lane County October 21 , 2004 OSEC Job No. 632-1 File 002 PORTION OF PUBLIC UTILITY EASEMENT 1 TO BE VACATED A strip of land being 7.00 feet in width and being located in the West one-half of Section 15, Township 17 South, Range 3 West of the Willamette Meridian. Said strip being all that portion of land conveyed to Chambers 2000, LLC and recorded on September 26,2002, in Instrument No. 2002-074661 of the Lane County Oregon Deeds and Records that lies within that 7.00 foot wide strip of land that is parallel and abutting the Westerly right of way of Sports Way described in Declaration of Dedication to the public recorded on February 27, 2001, in Instrument No. 2001-010245 of the lane County Oregon Deeds and Records ,I ': . -, ,-, ~ \ . REGISTERED PROFESSIONAL LAND SURV . ~. d.1....t!o<) OREGON FEB. 19, 1999 JAMES W. COLTON #58755 y?eNQ-I~ D,\"it::'. \'t.{~\l(:)') . . EXHIBIT A City of Springfield Lane County October 21,2004 OSEC Job No. 632-1 File 003 PORTION OF PUBLIC UTILITY EASEMENT 2 TO BE VACATED A strip of land being 10.00 feet in width and being located in the West one-half of Section 15, Township 17 South, Range 3 West of the Wi/lamette Meridian. Said strip being all that portion of land conveyed to Chambers 2000, LLC and recorded on September 26,2002, in Instrument No. 2002-074661 of the Lane County Oregon Deeds and Records that lies within that 10.00 foot wide strip of land that is parallel and abutting the Easterly right of way of Sports Way described in Declaration of Dedication to the public recorded on February 27, 2001, in Instrument No. 2001-010245 of the Lane County Oregon Deeds and Records. .' ,.... \ . REGISTERED PROFESSIONAL LAND SURV OR ~ ' I 7:1100:; OREGON FEB. 19, 1999 JAMES W. COLTON #58756 ~ENEL-v~ P,,\\C- '. \ '2.. \ ~ \ l (J ~ . EXHIBIT A . City of Springfield Lane County January 27,2005 OSEC Job No. 632-1 File 004 PUBLIC DEDICATION DESCRIPTION A strip of land being 70.00 feet in width and being located in the West one-half of Section 15, Township 17 South, Range 3 West of the Willamette Meridian. Said strip being all that portion of land conveyed to Chambers 2000, LLC and recorded on September 26, 2002, in Instrument No. 2002-074661 of the Lane County Oregon Deeds and Records that lies parallel with and abutting to the Southerly line of said property that lies Easterly of a line lying 5.00 feet Westerly of and parallel with the Westerly right of way of Sports Way described in Deed Dedication to the public recorded on December 4, 1973, in Reel 667R, Reception No. 7354193 of the Lane County Oregon Deeds and Records. . REGISTERED PROFESS!ONAL I..Ar,\D SURVi-c \..- . I f'2ilc<; OF/EGON FEB. 19, 1929 JJ".dttE:3 ~.,f~~~ (~;CLTO~J ! , " ~ 'C.N'O-v""'- O~~', \ 7..\ '~i \ l:) S . . . . J, I" '. I I I I I I I I / I / 101 ~! xi ~! ;!. (JJ! tl:/ ~! I I I I I I I I t N I - II"" 1/ 1/ 1/ 1/ 1/ II 1/ 1/ PROPOSED 7' PUE, 1;1 ~ti~~E", :~C~~~D:::.: ;: r-;;~~~~O ~~;~~~Tn=-" PROPOSED ...:</ 3 PUE. TO :: : 1/ ~>... REMAIN ::: UTILITY /... ... J I I II EASEMENT ','(, (:'" :, ,: 10' PU.E. II :: i >- TO BE PROPOSED:: " , ~ VACATED ______ ',' " :: ' ;> PUBLlC~, , 1/ 1: r ~ ~:~~~ENT ,I! II " I a: " I " , " , I:: 0 ::, : II " 'a.. '" I II I CIJ II I I ~\ \ ::: : 1/ \\ U; I II \~\ PROPOSED " / \ \ PUBLIC /' / , II \ \ WA TER / , t' +!- ~, \ EASEMENT / / \:~\ \ I ,,/' ~/ II \:\, , " " '~, \ ---------------------- "",~ PROPOSED I II = = = = = '\ ~-L'!'-: [,---------------------- ~~'~tST~ i I : r ,... __ I EASEMENT I I : II 'L_ I f----------------- ___________________" ~--i--4=------=-+--=--~---------------=-=-- i I J L - _11 - -~-=-r-=-- _ _ __ _ _ ___ _ _ __ ! I (_ __ _ _ _ ___ _ ___ _ __ _ _ _ ~ PROPOSED I (IT M T 30' ACCESS 1/1 PROPOSED EASE EN EASEMENT I 70' ROADWAY TO REMAIN Jill DEDICATION I III I III I III i 1/1 '" '''. '" '''. NO SCALE '''. '''. '''. '''. '''. T \ 60' ROADWAY DEDICA TION TO REMAIN PROPOSED PERMANENT SLOPE EASEMENT ". " - BALZHISER & HUBBARD ENGINEERS PROJECT TITLE ROYAL CARIBBEAN CRUISE LINE CALL CENTER PROJECT NO: 215504 FILENAME: VACA TlON MAP.OWG DESIGNER JLP DATE: Ol/OS/OS SHEET NO EXHIBIT 2 SHEET TITLE ROADW A l' EASEMENT V ACATION AND GENERf\TION MAP