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HomeMy WebLinkAboutOrdinance 6064 07/21/2003 . . . VAc.ATIOl-l o1='t?U.E. Fb'R..""o~ 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. o 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: C i'(Y Or .s/lR /AJc;p /1Fd) -z:z.--s- .F IF /}/ Sf S:PJlUlqp/~t4 oR. 9747 > . 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 . 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. .J <> ....."" ..> I.. C A ,..... C ~ eX I O\~(;.~ Of= C\""("( \~\\~~~:i . XYfJlAJ1.- 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 . . . . 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. . ;;:- 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 . 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. . 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 . 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. . 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. ~ . . 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. . . ~\ . . I Division of Chief Depuly Clerk Lane Counly Deeds and Records 200S-0JJ 11 J '" II 11111II11 II 1111 I II III " lilli/II II 11I11111 III $56 . 00 00805975200600331130070070 6 7 05/12/200 11:00:2 AM RPR-VAC Cnl=l Sln=6 CASHIER 07 $35.00 $10.00 $11.00 '---- -. -- -" .'-. . .