HomeMy WebLinkAboutOrdinance 6064 07/21/2003
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ORDINANCE NO.
6064
(SPECIAL)
AN ORDINANCE V ACA TING A PORTION OF A PUBLIC UTILITY EASEMENT IN
THE CITY OF SPRINGFIELD, LANE COUNTY OREGON.
WHEREAS, The Springfield City Council has declared its intention to vacate a
portion of a Public Utility Easement in the City of Springfield; and
WHEREAS, The application for vacation was submitted in confonnance with the
provisions of ORS 271.080 et seq., and with the provisions of Section 3.050 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, the property owner has dedicated a new Public Utility Easement which
will provide adequate protection for the existing on-site urban services; and
WHEREAS, such vacation is in the best interest ofthe 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 ih day of July, 2003, at the hour of 7:00 p.m., to hear public
testimony and comment regarding the proposed vacation;
NOW THEREFORE, THE CITY COUNCIL DOES ORDAIN:
Section 1: The Council finds legal notice ofthe hearing was duly given, lawfully
published and posted; that the requirements of ORS 217.080 et seq. have been met, the
consent of the owners of the requisite area has been obtained; public interest will not be
impaired by the vacation of the easement and the said easement vacation will be in the
interest of the public and benefit the property involved.
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Section 2: The public easement in the City of Springfield, as described in Exhibit ~ of
this Ordinance, is declared to be vacated.
Section 3: The findings set forth in the Staff Report dated July 7, 2003, attached hereto
as Exhibit B and incorporated herein by reference, are hereby adopted in support of the
vacation.
Section 4: It is a further condition of this vacation that nothing herein contained shall
cause or require the removal of or abandonment of any sanitary or storm sewer line,
water main, gas main, maintenance/access road, conduit of any kind, pole or thing used
Ar-:TER RECORDING RETURN TO:
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or intended for any public service. The right is hereby reserved for the owner of any such
utility or thing to maintain, continue, repair, reconstruct, renew, replace, rebuild and
enlarge any and all such things under existing or future easements.
Section 5: The City Recorder is directed to file certified copies of this ordinance with the
Lane County Clerk, Lane County Assessor, and Lane County Surveyor.
ADOPTED by the Common Council of the City of Springfield by a vote of ---L in favor
and ~ against this 21st day of July ,2003. '
APPROVED by the Mayor of the City of Springfield this 21st day of July
2003. ~
ATTEST:
~ . ~ ~ty Recorder
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f?S'",,\o~~ \,~O ~\"~\l()\oI1EO ..
\'~ . ThlS lnstrument was acknowledged before me
\~> ~ ~O<l"'\ on . -Tuj~ .211 d()o3. by Sidney W. Leiken
b I ~ "'l \ 'Co \.::)c"'3. as Mayor f the City of Springfield.
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NOTARY PUBLIC F OREGON
My commission expires: I / - ')-J---2.0D 1
_OFFICIAL SEAL
. AMY L SOWA
:. } NOTARY PUBLIC - OREGON
\.,../ COMMISSION NO. 397942
. MY COMMISSION EXPIRES NOV. 22. 2009
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J3ExlffBlr A'
DESCRlPTION of the PORTION OF THE EXISTING
P.D.E. TO BE VACATED WITHIN LOT 12
Beginning at a point on the East line of Lot 12 of THURSTON GREENS, as platted and
recorded in Lane County Oregon Deed Records on September 17,2002, Recorders Reception
No. 2002-071779, said point being South 00 03' 33" West 8.57 feet from the Northeast Comer of
said Lot; thence leaving said East line North 890 23' 34" West 36.31 feet; run thence South 860
38' 24" West 55.77 feet to a point on the Easterly margin ofa 7.00 foot Public Utility Easement;
thence along said Easement South 000 07' 15" West 0.49 feet; thence leaving said Easement
margin North 860 52' 31" East 16.03 feet; thence South 890 32' 50" East 75.98 feet to a point on
the Easterly line of said Lot 12 of THURSTON GREENS; thence along the Easterly line of Lot .
12 North 00 03' 33" East 3.11 feet to the Place of Beginning, in Springfield, Lane County,
Oregon.
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;;:- X' IfIB IT 73
CITY OF SPRINGFIELD
V ACA TION REQUEST
STAFF REPORT AND FINDINGS
Case Number:
LRP2003-00008
Property Owners:
A.V. Chapman, Presiden,t of Valley Development
Lawrence Clarke, President of Lawrence Glarke Bui.lders
Applicant:
Kane Hellebust
L.B. Olson & Associates
1410 Oak St., Suite 200
Eugene, OR 97401
Date of
Recommendation:
July 7,2003
Request
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The applicant, L.B. Olson & Associates, is requesting to vacate a seven-foot wide Public Utility
Easement (PUE) in the Thurston Greens Subdivision, as there are no existing utilities located
within it. The applicant is also requesting to vacate a portion of a 20-foot wide PUE in the
Thurston Greens Subdivision because there are no public utilities located within that portion of
the PUE.
Site Information
The subject property is located at 62nd Street and E Street, Assessor's Map Number 17-02-34-24,
Tax Lots 5100, 5200, 5300, 5400, 5500 and 5600. The property is also referred to as Lots 11-16
of the Thurston Greens Subdivision Plat (C.S. File Number 37702), filed with Lane County on
September 17,2002.
Background
Thurston Greens Subdivision received Tentative Approved by the City May 26, 2000, Journal
Number 2000-01-016. At the time of Tentative Approval, it was recognized by City staff that the
existing 7-foot PUE running along the eastern property line of Lots 12-16 would be unnecessary.
The applicant was directed to seek the City's approval for vacation of this PUE.
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At Final Plat a separate 20-foot PUE was dedicated for a stormwater and sanitary sewer line with
a maintenance access road for the adjoining storm water detention swale. During the process of
constructing the public improvements, it became apparent that the existing PUE would not
adequately accommodate future maintenance and repair of these public improvements. The
applicant is proposing to vacate a portion of the existing PUE and has dedicated an additional 6-
feet to the north of the existing PUE to accommodate future maintenance and repair of the
storrnwater and sanitary sewer line. (Please see Attachment 3 for a detailed diagram of the
proposal) The resulting PUE between Lots 11 and 12 of the Thurston Greens Subdivision will be
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25-feet wide and is sufficient to accommodate all existing and potential public needs. The City's
Planning and Public Works Engineering Staff have reviewed this request and support a
recommendation of approval.
Springfield Development Code Criteria
Springfield Development Code (SDC) Section 9.030 states the following criteria must be met in
order to approve the Vacation request:
1. The Vacation is in conformance with the Metro Plan including any adopted Street
Plans and or Conceptual Plans;
Finding: The Metro Plan is a long-range general plan that does not specifically address
vacations of Public Utility Easements. Chapter III-G of the Metro Plan Text does address
the provision of a full-range of key urban services to developments within the City. This
Vacation proposal will not affect the provision of key urban services to affected or
surrounding properties because stormwater drainage and maintenance and sanitary sewer
functions will be provided through a recently dedicated 25-foot PUE running between
Lots 11 and 12 of the Thurston Greens Subdivision.
Finding: The subject area will be served by a full-range of key urban services, therefore,
Criterion 1 has been fulfilled.
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2. There are no negative effects on access, traffic circulation and emergency service
protection; or any other public benefit derived from the easement, right of way or
plat.
Finding: This request involves Public Utility Easements originally created to protect
public utilities; therefore, Vacation proposal will have no negative effects on access,
traffic circulation or emergency service protection.
Finding: There is no public benefit being derived from the 7-foot PUE running along the
eastern property line of Lots 12-16 of the Thurston Greens Subdivision since there are no
utilities located within it. Moreover, the City of Springfield utility providers have
indicated there is no future plan to locate utilities within this 7-foot PUE.
Finding: There will be no negative effects on the public benefit by vacating a portion of
the 20-foot PUE running between Lots 11 and 12 of the Thurston Greens Subdivision
because there are no public utilities located within that portion of the PUE. The property
owner dedicated on April 28th, 2003 (Lane County Deeds and Records R.eception No.
2003-037312) an additional 6- feet to the north of the existing PUE to accommodate
future repair and maintenance of the existing public utilities. The resulting PUE between
. Lots 11 and 12 of the Thurston Greens Subdivision will be 25-feet wide and is sufficient
to accommodate all existing and potential public needs.
Finding: This Vacation proposal will have no negative effects on access, traffic
circulation, emergency service protection or public benefit, therefore, Criterion 2 has
been fulfilled. ~
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Conclusion
This Vacation request is consistent with the Criteria of Approval set forth in Article 9, Vacations,
of the Springfield Development Code.
Action Requested
Staff recommends the City Council approve the Vacatiori request by motion based on the findmgs
in this staff report.
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I Division of Chief Depuly Clerk
Lane Counly Deeds and Records
200S-0JJ 11 J
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05/12/200 11:00:2 AM
RPR-VAC Cnl=l Sln=6 CASHIER 07
$35.00 $10.00 $11.00
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