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Home My WebLink AboutOrdinance 6097 10/04/2004 . ~ C'- ~ J.. \:) ~- ~ S .I" ~ \A- ~ C1 .~ ~ ~ ~ ~' o .~ ........s. O~ .....~ z , ~2 ~ <.? -t ~\fi 8~ UJ 'l::l II: ffi~ t: () <C . ORDINANCE NO. 6097 (SPECIAL) AN ORDINANCE V ACA TING CERTAIN PUBLIC UTILITY EASEMENTS KNOWN AS THE WESTERN-MOST 7 FEET AND THE SOUTHERN-MOST 7 FEET OF LOT #4, JOHN WAY SUBDIVISION, PLATTED 15 JANUARY, 1979, FILE 73, SLIDE 233; AND, 10' PUBLIC UTILITY EASEMENT #75-10987 ON LOTS 2 AND 3 IN JOHN WAY SUBDIVISION, CITY OF SPRINGFIELD EASEMENT #E-1358; AND, 14' PUBLIC UTILITY EASEMENT #74-15409 ON LOTS 3,4,5, AND 6 IN JOHN WAY SUBDIVISION, CITY OF SPRINGFIELD EASEMENT #E-1229, LANE COUNTY OREGON DEED RECORDS. ASSESSOR MAP 17-02-33-12 WHEREAS, the Common Council of the City of Springfield has declared its intention to vacate certain portions of three (3) public utility easement in the City of Springfield as described in Exhibit A and Exhibit B, 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 V ACA nONS of the Springfield Development Code; 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; and WHEREAS, lawful notice was published and posted; and WHEREAS, the Common Council of the City of Springfield met in Council Chambers, at 225 Fifth Street, on Monday, the 20th day of September, 2004, (First Reading) and on Monday, the 4th day of October, 2004 (Second Reading), at the hour of 7 :00 p.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 Common 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 this vacation of easement, and that vacation of said easement will be in the best interest of the public and increase the benefit of the property involved. r Division of Chief Deputy Clerk Lane County Deeds and Records ~~~~.~~l~~J '- 1111111111111111111111111111111111111111111111111 $66,00 00636649200400818930090099 10/22/2004 11:31:52 AM RPR-VAC Cnt=l Stn=15 CASHIER 07 $45.00 $10.00 $11.00 . Section 2: The following described portion of the public utility easement in the City of Springfield is declared to be vacated: VACATING CERTAIN PUBLIC UTILITY EASEMENTS KNOWN AS THE WESTERN-MOST 7 FEET AND THE SOUTHERN-MOST 7 FEET OF LOT #4, JOHN WAY SUBDIVISION, PLATTED 15 JANUARY, 1979, FILE 73, SLIDE 233; AND, 10' PUBLIC UTILITY EASEMENT #75-10987 ON LOTS 2 AND 3 IN JOHN.W A Y SUBDIVISION, CITY OF SPRINGFIELD EASEMENT #E-1358; AND, 14' PUBLIC UTILITY EASEMENT #74-15409 ON LOTS 3,4,5,AND 6 IN JOHN WAY SUBDIVISION, CITY OF SPRINGFIELD EASEMENT #E-1229, LANE COUNTY OREGON DEED RECORDS. Section 3: The findings adopted by the Common Council in support of this 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. Section 5: 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 easement. ADOPTED by the Common Council ofthe City of Springfield this 4th day of October, 2004 by a vote of ~ for and ~ against. (l absent) . APPROVED by the Mayor October, 2004. day of A~~ City Reco r v> (j1ayor DATEDthis~dayof October 2004. Sidney W. Leiken, Mayor0ofSSpringfield (Name) (Title) City of Springfield State of Oregon 8) OFFiICIAl8EAL" .. AMY L'SOWA '. } NOTARY PUBLIC OREGON ...... ........ COMMISSION NO. 352109 MY COMMISSION EXPIRES NOV. 22, 2005 This instrument was acknowledged before me on October 4, 2004 ) ss. County of Lane ) By Amy Sowa (Name), . November 22, 2005 _, ,~Ji"~Q 11 APPROVED ,,; _ r) r-~RM ~ ~~ t~_ DATE:- ~=I='.2. \'\=1J.")~ OFFICE OF CITY ATTORNEV ORDINANCE 6097 2 . ... . 2 \ \ \ \ \ '....." ~..... '-..... ~ 55th -STREET EASEMENT TO BE V ACA TED. .. . '. ., lEGEND - - - EXISTING PROPERTY LINE - - - EXISTING EASEMENT . .1 PUBLIC UTILITIES EASEMENT VACATION FOR lEA EMENT ON LOTS 2, 3, 4, 5 & 6 OF JOHN WAY I SEC. 33, T17S, R2W, W.M. I SPRINGFIELD, LANE COUNTY, OREGON I FILE 73, SLIDE 233 I I I I I I I I I I I I I I '\0 I 1.f'13' P.U.E..-J . . ~ 6: EASEMENT~~ ~h';ls~~.! TO BE . .~. -- JT VACATED . ~ I PUBLIC UTILITIES EASEMENT VACATION WEBER ELLIOTT ENGINEERS, P.C. OWNER & APPUCAN~ JOSEPH D. BANDO PO BOX 717 . SPRINGFIELD, OR 97477 EASEMENT TO BE VACATED. 14' P.U.E. 5 #74-15409 VACA TION PENDING 84.85' September 13, 2004 25 0 25 50 ~ I SCALE: 1" = 50' "~~. Civil Engineering . Municipal Engineering . Land Planning EXHI BIT A _ 1 p .0. Box 1 0 1 45 FIJ("1~ri~ OR 97440 , . . LEGAL DESCRIPTION FOR DEDICATION OF PUBLIC UTiliTY EASEMENT JOHN WAY PLAT A parcel of land 13 feet in width lying in the northeast one-quarter of Section 33, Township 17 South, Range 2 West of Willamette Meridian, all in Springfield. Lane County, Oregon, said parcel being a portion of Lot 6, John Way, as platted and recorded in File 73, Slide 233, Lane County Oregon Plat Records, in Lane County Oregon, said parcel being more particularly described as follows: . A 13 foot wide strip of land lying within Lot 6 of said John Way Plat, being Westerly of and immediately adjacent to the East Plat Boundary said Plat Boundary also being the East Lot Line of said Lot 6. Said easement terminates on the North at the Right of Way line for 55lh Street. and on the South at the Plat boundary. -.j . EXHIBIT B -1 . . .o. " LEGAL DESCRIPTION FOR VACATION OF PUBLIC UTILITY EASEMENT " JOHN WAY PLAT LOT 2 A parcel of land 10 feet in width lying in the northeast one-quarter of Section 33, Township 17 South, Range 2 West of WillametteMeridian, all in Springfield, Lane County, Oregon. said parcel being a portion of Lot 2. John Way. as platted and recorded in File 73, Slide 233. Lane County Oregon Plat Records, in Lane County Oregon, said parcel being more particularly described as follows: Beginning at the most Northeasterly comer of said Lot 2, John Way; thence South 00019'" West 73.74 feet to a point lying on the Southerly Lot Line of Said Parcel 2; thence along said Southerly Lot Line of Lot 2 South 56031'46" West. 12.03 feet; thence North 00019111 East B0.43 feet to a point lying on the Northerly . Lot line of said Lot 2; thence along said Northerly Lot line of Lot 2 South 89041' East 10.00 feet to the point of beginning. , 2 , " . LEGAL DESCRIPTION .FOR. VACATION OF PUBLIC UTILITY EASEMENTS JOHN WAY PLAT LOT 3 Easement 1 A parcel of land 10 feet in width lying in the northeast one-quarter of Section 33, Township 17 South, Range 2 West of Willamette Meridian, all in Springfield, . Lane County, Oregon, said parcel being a portion of Lot 3, John Way, as platted and recorded in File 73, Slide 233, Lane County Oregon Plat Records, in Lane County Oregon, said parcel being more particularly described as follows: Beginning at the most Northeasterly corner of said Lot 3, John Way; thence . South 56031'46" West 20.32 feet to a point lying on the Northerly Lot Line of Said Lot 3 and being the True Point of Beginning; thence along said Northerly Lot Line of Lot 3 South 56031'46" West 12.03 feet; thence South 00019' West 56.02 feet to a point lying on the Southwesterly Plat Boundary and Lot line of said Lot 3; thence along said Southwesterly Lot Line of Lot 3 South 30051'41" East, 19.23 feet; thence. North qo019' East 79.14 feet to the True Point of Beginning. . Easement 2 A parcel of land 7 feet in width lying in the northeast one-quarter of Section 33, Township 17 South, Range 2 West ofWillamette Meridian, all in Springfield, . Lane County, Oregon, said parcel being a portion of Lot 3, John Way, as platted and recorded in File 73, Slide 233, Lane County Oregon Plat Records, in Lane . County Oregon, said parcel being more particularly described as follows: . All that 7 foot wide public utility easement lying within Lot 3 of said John Way Plat, being immediately adjacent to the Southwesterly Plat Boundary, said Plat Boundary also being the Southwesterly Lot line of said Lot 3 Easement 3 . A parcel of land 14 feet in width lying in the northeast one-quarter of Section 33, Township 17 South, Range 2 West ofWillamette Meridian, all in Springfield, Lane County, Oregon, said parcel being a portion of Lot 3, John Way, as platted and recorded in File 73, Slide 233, Lane County Oregon Plat Records, in Lane County Oregon, said parcel being more particularly described as follows: All that 14 foot wide public utility easement lying within Lot 3 of said John Way Plat, being immediately adjacent to the Southwesterly Plat Boundary, said Plat Boundary also being the Southwesterly Lot Iirie of said Lot 3 3 . . . . , .' LEGAL DESCRIPTION FOR VACATION OF PUBLIC UTILITY EASEMENT.', JOHN WAY PLAT LOT 4 A parcel of land 14 feet in width lying in the northeast one-quarter of Section 33, Township 17 South, Range 2 West of Willamette Meridian, all in Springfield, Lane County, Oregon, said parcel being a portion of.Lot 4, John Way, as platted and recorded in File 73, Slide 233, Lane County Oregon Plat Records, in Lane County Oregon, said parcel being more particularly described as follows: An that 14 foot wide public utility easement lying within Lot 4 of said John Way Plat, being immediately adjacent to the Southwesterly Plat Boundary. 4 . . . . . " . .; , LEGAL DESCRIPTION FOR VACATION OF PUBLIC UTILITY EASEMENTS JOHN WAY PLAT LOT 5 Easement 1 A parcel of land 14 feet in width lying in the northeast one-quarter of Section 33, Township 17 South, Range 2 West of Will a mette Meridian, all in Springfield, Lane County, Oregon, said parcel being a portion of Lot 5, John Way, as platted and recorded in File 73, Slide 233, Lane County Oregon Plat Records, in Lane County Oregon, said parcel being more particularly described as follows: All that 14 foot wide public utility easement lying within Lot 5 of said John Way Plat, being immediately adjacent to the Southwesterly Plat Boundary said Plat Boundary also being the Southwesterly Lot Line of said Lot 5. Easement 2 A parcel of land 7 feet in width lying in the northeast one-quarter of Section 33, Township 17 South, Range 2 West ofWillamette Meridian, all in Springfield, Lane County, Oregon, said parcel being a portion of Lot 5, John Way, as platted and recorded in File 73, Slide 233, Lane County Oregon Plat Records, in Lane County Oregon, said parcel being more particularly described as follows: All that 7 foot wide public utility easement lying within Lot 5 of said John Way Plat, being Southerly of and immediately adjacent to the Northerly Lot Une of Lot 5 which bears South 89047'26" East 99.73 feet in length; and Easterly of and adjacent to the Westerly panhandle of Lot 5 which bears North 00012'34" East 95.00 feet in length. 5 ,'. 'f'. . . . . . '. LEGAL DESCRIPTION FOR VACATION OF PUBLIC UTILITY EASEMENT: JOHN WAY PLAT LOT 5 A parcel of land 14 feet in width lying in the northeast one-quarter of Section 33, Township 17 South, Range 2 West of Will a mette Meridian, all in Springfield, Lane County, Oregon, said parcel being a portion of Lot 5, John Way, as platted and recorded in File 73, Slide 233, Lane County Oregon Plat Records, in Lane County Ore~on, said parcel being more particulClrly described as follows: All that 14 foot wide public utility easement lying within Lot 5 of said John Way Plat, being immediately adjacent to the Southwesterly Plat Boundary said Plat. Boundary also being the Southwesterly lot Line of said Lot 6. 6