HomeMy WebLinkAboutOrdinance 6100 11/15/2004
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ORDINANCE NO. 6100 (SPECIAL)
AN ORDINANCE VACATING A 5' X 140' PUBLIC UTILITY EASEMENT
BEGINNING AT THE SOUTHWESTERN CORNER OF TAX LOT 5600 ON ASSESSORS
MAP 17-03-26-24 AND RUNNING NORTHERLY 140 FEET, WHICH MARKS THE
SOUTHEAST CORNER OF LAND PARTITION PLAT NO. 2001-P1439 SPRINGFIELD,
LANE COUNTY, OREGON, CITY Jo.No. LRP2004-00027
WHEREAS, the Common Council of the City of Springfield has declared its intention to vacate
certain portions of one (1) 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 VACATIONS 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 September 29,2004; and
WHEREAS, the Common Council of the City of Springfield met in Council Chambers, at 225
Fifth Street, on Monday, the 18th day of October, 2004, (First Reading) and on Monday, the 15th
day of November, 2004 (Second Reading), at the hour of7:00 p.m., to hear any objections to the
proposed vacation and ~ persons appeared to object;
NOW, THEREFQRE, 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. .
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Division of Chief Depuly Clerk
Lane County Deeds and Records
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Section 2: The following described portion of the public utility easement in the City of
Springfield is declared to be vacated:
VACATING A CERTAIN PUBLIC UTILITY EASEMENT DESCRIBED AS
BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY OF 'Q'
STREET THAT ALSO MARKS THE SOUTHEAST CORNER OF LAND
PARTITION PLAT NO. 2001-P1439; RUN THENCE ALONG SAID NORTHERLY
RIGHT-OF-WAY WEST 171.92 FEET TO THE TRUE PLACE OF BEGINNING;
THENCE NORTH 140.00 FEET; THENCE EAST 5.00 FEET; THENCE SOUTH
140.00 FEET; THENCE WEST 5.00 FEET TO THE TRUE PLACE OF BEGINNING,
IN SPRINGFIELD, LANE COUNTY, OREGON.
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 of the City of Springfield this t8'15:day of
November, 2004 by a vote of 6 for and 0 against.
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APPROVED by the Mayor of the City of Springfield" 15th day of November,
2004.
DATED this 15th day of November 20 04
Sid Leiken
(Name)
Mayor
(Title)
City of Springfield
City of Springfield
State of Oregon
County of Lane
OFFICIAL SEAL
) ss. AMY L SOWA
NOTARY PUBLIC OREGON
COMMISSION NO. 352109
MY COMMISSION EXPIRES NOV. 22. 2005
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This instrument was acknowledged befure ~e o.n 5, 2004
By Sidney W. Leiken Mayor
(Name), as (title) of the City of Springfield
NOTA~C~R~
My commission expires: k~;} .-~7J )"
ORDINANCE NO, 6100
Rf:\!JEWED & APPROVED
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EXHIBIT A
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Easement Vacation Plan
OF
5' X 140' P. U.E.
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Legal Description:
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Beginning at a point on the Northerly right of way of "Q" Street that also marks the
Southeast Corner of Land Partition Plat No. 2001-P1439; run thence along said Northerly
right of way West 171.92 feet to the Tru~ Place of Beginning; thence North 140.00 feet;
thence East 5.00 feet; thence South 140.00 feet; thence West 5.00 feet to the True
Place of Beginning, in Springfield, Lane County, Oregon.
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EXHIBIT B