HomeMy WebLinkAboutOrdinance 6104 12/06/2004
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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
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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
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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 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,
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Ordinance No. 6104
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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.
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State of Oregon )
.) ss.
County of Lane )
OFFICIAL SEAL
AMYlSOWA
CNOTARY PUBLIC OREGON
OM MISSION NO
MY COMMISSION EXPIRES' Ng~~~~~05
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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)
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1~~~5 ~~ Ordinance
No. 6104
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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.
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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')
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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
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REGISTERED
PROFESSIONAL
LAND SURV .
~. d.1....t!o<)
OREGON
FEB. 19, 1999
JAMES W. COLTON
#58755
y?eNQ-I~ D,\"it::'. \'t.{~\l(:)')
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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.
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REGISTERED
PROFESSIONAL
LAND SURV OR
~ ' I 7:1100:;
OREGON
FEB. 19, 1999
JAMES W. COLTON
#58756
~ENEL-v~ P,,\\C- '. \ '2.. \ ~ \ l (J ~
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EXHIBIT A
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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.
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REGISTERED
PROFESS!ONAL
I..Ar,\D SURVi-c
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I f'2ilc<;
OF/EGON
FEB. 19, 1929
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M T 30' ACCESS 1/1 PROPOSED
EASE EN EASEMENT I 70' ROADWAY
TO REMAIN Jill DEDICATION
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60' ROADWAY
DEDICA TION
TO REMAIN
PROPOSED
PERMANENT
SLOPE EASEMENT
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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