HomeMy WebLinkAboutItem 08 Vacation of Undeveloped Public Road Right-of-Way AGENDA ITEM SUMMARY Meeting Date: 9/5/2017
Meeting Type: Regular Meeting
Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: x3784 Estimated Time: Consent Calendar
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and Facilities
ITEM TITLE: VACATION OF UNDEVELOPED PUBLIC ROAD RIGHT-OF-WAY
ACTION REQUESTED: Conduct a second reading and deliberations and adopt/not adopt the following ordinance: AN ORDINANCE VACATING A 25-FOOT WIDE BY 299.91-FOOT LONG PORTION
OF UNDEVELOPED PUBLIC ROAD RIGHT-OF-WAY LYING TO THE EAST OF 2ND STREET BETWEEN ‘Q’ AND ‘S’ STREETS.
ISSUE STATEMENT:
A property owner is requesting vacation of a segment of undeveloped public road right-of-
way that runs eastward from 2nd Street just north of Q Street.
ATTACHMENTS: 1. Staff Report 2. Site Maps 3. Vacation Application
4. Tentative Site Plan 5. Vacation Ordinance
6. Resolution 2017-25 for Waiver of Assessment of Special Benefit
DISCUSSION/
FINANCIAL IMPACT:
A property owner has initiated the vacation action in accordance with Section 3.200 of the
Springfield Municipal Code and Section 5.2-120 of the City’s Development Code (Attachment 3). The 25-foot wide segment of public road right-of-way is vacant and
undeveloped, extending eastward from 2nd Street a distance of just under 300 feet. The
subject right-of-way vacation is requested to facilitate development of a multi-family residential complex on the adjoining property. The developer will be dedicating and
developing a 40-foot wide right-of-way for a public street through the property and staff
recommends vacating the existing 25-foot wide road right-of-way as it will no longer serve as a potential east-west connection within the neighborhood. Additionally, the area
proposed to be vacated is smaller than the area that the developer proposes to dedicate as new right-of-way.
The City Council conducted a public hearing and gave first reading to the vacation ordinance at the regular meeting on September 5, 2017. No one testified in opposition to
the proposed vacation action.
In accordance with Section 3.204(1) of the Springfield Municipal Code, disposition of
public right-of-way requires that the applicant pay an assessment of special benefit for the
value of the vacation area that inures to the benefiting property. Section 3.204(3) states that the City Council may waive the requirement for an assessment of special benefit if the
vacation is deemed to be in the public interest. After the public hearing, the City Council waived the assessment of special benefit by adopting Resolution 2017-25 on September 5, 2017.
TYPE IV – VACATION OF PUBLIC RIGHT-OF-WAY
STAFF REPORT AND RECOMMENDATIONS
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File Name: Vacation of Undeveloped Public Road Right-of-Way
Applicant: Michael O’Connell, Sr. & Duane Knights
Case Number: 811-17-000047-TYP4 Proposal Location:
Extending Eastward from 2nd Street
Just North of Q Street
Adjacent Zoning: High Density Residential (HDR)
and Community Commercial (CC)
Plan Designation: HDR
Applicable Comprehensive Plan:
Q Street Refinement Plan
Application Submittal Date: June 9, 2017
Associated Applications: PRE16-00056 (Development Issues Meeting); 811-17-000046-PRE (Pre-
Submittal for Site Plan); 811-17-000078-TYP2 (Tentative Site Plan Review)
CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE
POSITION REVIEW OF NAME PHONE
Project Manager Planning Andy Limbird 541-726-3784
Transportation Planning Engineer Transportation Michael Liebler 541-736-1034
Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036
Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293
Building Official Building David Bowlsby 541-736-1029
APPLICANT’S DEVELOPMENT REVIEW TEAM
POSITION NAME PHONE MAILING ADDRESS
Applicant Mike O’Connell, Sr.
5th Street Project LLC
541-302-8036 2065 West 16th Way
Eugene OR 97402
Applicant’s
Representative
Rick Satre
Schirmer Satre Group
541-686-4540 375 West 5th Avenue
Suite 201
Eugene OR 97401
Main Street
Public Road Right-of-Way Proposed for Vacation
Safeway
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Pioneer Storage
Attachment 1, Page 1 of 9
Review Process (SDC 5.20-115): The subject vacation action is being reviewed under Type IV procedures, without Planning Commission consideration.
Vacation Initiation and Application Submittal (SDC 5.20-120): In accordance with SDC 5.20-120.A and ORS 271.080, vacation of public rights-of-way may be initiated by the petition of a property owner. A valid petition must have the signatures of all abutting property owners representing at least two-thirds (66%) of the abutting and
affected property.
Finding: The adjacent property owners, Duane Knights and Mike O’Connell, Sr., have filed the petition for
vacation of public road right-of-way. Concurrences from adjacent and affected property owners have been provided with the applicant’s submittal (Attachment 3).
Conclusion: The application requirements in SDC 5.20-120.A have been met.
Site Information: The area proposed for vacation is an undeveloped 25-foot wide by 299.9-foot long segment of public road right-of-way extending eastward from 2nd Street between Q and S Streets. The public road right-of-way was dedicated from the adjacent property to the south in 1995 prior to construction of the Pioneer Storage facility.
The intent of the road right-of-way dedication was to provide for a future east-west street connection between 2nd, 3rd and 5th Streets. However, the segment of public road right-of-way abuts the western boundary of a multi-
family residential complex making future extension of a street connection through to 5th Street unlikely. The City’s
Conceptual Street Map shows a connection between 2nd and 3rd Streets at or near the location of the right-of-way proposed for vacation.
The applicant is requesting vacation of the public road right-of-way to facilitate development of a 60-unit residential townhouse complex on the adjacent property. The vacation area would be incorporated into the site
development and a new east-west public street connection would be dedicated and constructed about 140 feet north
of the current right-of-way alignment. The public street connection would provide for the extension of 3rd Street south and west of its current terminus to an intersection with 2nd Street. The applicant would need to undertake a
Public Improvement Project (PIP) process to construct the new segment of public street between 2nd and 3rd Streets.
There are no existing public utilities running through the subject vacation area, therefore provision of public
easements is not warranted with this request. Public utilities can be accommodated within the street right-of-way to be dedicated and developed with the proposed multi-family housing project (Attachment 4).
Notice Requirements (SDC 5.20-125): Consistent with SDC 5.20-125, notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed August 15, 2017, which is more than 20 days
prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 425 feet of the perimeter of the affected territory; affected neighborhood groups or community
organizations officially recognized by the city that includes the affected territory; and affected special districts
and all other public utility providers.
Newspaper Notice. Notice of the September 5, 2017 public hearing was published in The Register-Guard on
August 21 and 28, 2017.
Posted Notice. Notice of the September 5, 2017 public hearing was posted in four public places in the City: at
the western end of the right-of-way where it intersects 2nd Street; at Springfield City Hall; on the Development & Public Works office digital display; and on the City of Springfield website.
Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130.
Recommendation to City Council (SDC 5.7-135): The Development & Public Works Director shall forward a written recommendation on the vacation request to the City Council based on the approval criteria specified in
Attachment 1, Page 2 of 9
Section 5.20-130, which are provided as follows with the SDC requirements, findings, and conclusions. The Director’s recommendation follows SDC 5.20-130, Criteria.
Criteria (SDC 5.20-130): The application may be approved only if the City Council finds that the proposal conforms to the following criteria:
A. For the Vacation of public utility easements, the Director shall approve, approve with conditions, or deny
the application. The application will be approved if the Vacation is found to be consistent with the
following criteria:
1. There are no present or future services, facilities, or utilities deemed to be necessary by a utility
provider and the easement is not necessary; or
Applicant’s Submittal: “There are no public utilities proposed as part of this vacation. Therefore, this
criterion does not apply.”
Staff Finding: The proposed vacation is not for a public utility easement. Therefore, this sub-element of
the criterion is not applicable.
2. If the utility provider deems the easement to be necessary, public services, facilities, or utilities can be
extended in an orderly and efficient manner in an alternate location.
Staff Finding: Because the proposed vacation is for public right-of-way and not for a public utility
easement, this sub-element of the criterion is not applicable. The applicant is proposing to dedicate and
develop an east-west segment of public street between 2nd and 3rd Streets, which provides for the extension
of public utilities at an alternate location.
Conclusion: This proposal meets Criterion A.
B. Where the proposed Vacation of public rights-of-way, other City property, or Partition or Subdivision
Plats is reviewed under Type IV procedure, the City Council shall approve, approve with conditions, or
deny the Vacation application. The application will be approved if the Vacation is found to be consistent
with the following approval criteria.
1. The Vacation shall be in conformance with the Metro Plan, TransPlan, the Conceptual Local Street
Map and adopted Functional Plans, and applicable Refinement Plan diagram, Plan District map, or
Conceptual Development Plan;
Applicant’s Submittal: “The City of Springfield Conceptual Local Street Map applies to this request. The
map shows a local street connection between 2nd Street and 3rd Street. The proposed vacation of public
right-of-way would remove an existing segment of sub-standard, unimproved, and dead-end right-of-way.
Removal of this right-of-way does not preclude the opportunity for the local street connection occurring on
the adjacent property. The adjacent property to the north is unimproved and abuts both 2nd and 3rd Street
directly. Thus, this vacation request is consistent with the Local Street Map. (The concurrent Site Plan
Review application [Case 811-17-000078-TYP2] does precisely that, including the dedication of new right-
of-way and construction of a new local street connecting 2nd and 3rd.)”
Staff Finding: The provision for a local street connecting 2nd and 3rd Streets between Q and S Street is
depicted on the City’s Conceptual Street Map as shown in Figure 1 below. The exact alignment of the
Attachment 1, Page 3 of 9
conceptual street would be subject to several variables, including property ownership, logical connection
points that are set back a suitable distance from nearby intersections, and timing of development. The
applicant’s proposal would achieve the “elbow” connection depicted on the City’s Conceptual Street Map
entirely within the property to the north.
Figure 1 – Extract from Springfield Conceptual Street Map
Staff Finding: The adopted Q Street Refinement Plan depicts a conceptual street connection between 2nd,
3rd and 5th Streets with 3rd Street intersecting the east-west street in a “T” configuration (Figure 2). The
proposed vacation of public road right-of-way and construction of the 2nd to 3rd Street connection “elbow”
would achieve two-thirds of the conceptual street extensions contemplated by the Refinement Plan as
depicted in Figure 2a. Currently, the property to the east of the subject site is developed with a multi-
family housing complex so extension of the east-west road through to an intersection with 5th Street is
unlikely. However, the applicant’s proposal to relocate the “elbow” road connection to the north of the
vacation area does not preclude future extension of the east-west street segment through to an intersection
with 5th Street. Therefore, the proposed vacation is consistent with the City’s Conceptual Street Plan and
the adopted Q Street Refinement Plan provided the “elbow” street connection is dedicated and constructed
on the adjacent property to the north. As conditioned herein, the proposal meets this sub-element of the
criterion.
Recommended Condition of Approval:
1. Prior to or concurrent with recording of the Ordinance to vacate the public road right-of-way
dedicated by Document 2017-024994, Lane County Deeds and Records, a mechanism providing
for the dedication of public road right-of-way at an alternate location between 2nd and 3rd Streets
shall be executed and recorded to the satisfaction of the City.
Conceptual Local
Street Connection
Attachment 1, Page 4 of 9
Figure 2 – Extract from Q Street Refinement Plan
Figure 2a - Plan Detail
2. The Vacation shall not conflict with the provisions of Springfield Municipal Code, 1997; and this
Code, including but not limited to, street connectivity standards and block lengths; and
Applicant’s Submittal: “The alignment as currently designated in the Conceptual Local Street Plan is
impractical and inconsistent with accepted transportation planning principles. The 25-foot public right-of-
way is sub-standard (only 25 feet wide), unimproved, and is bordered to the immediate south by a storage
facility and a multi-family development to the east. Developing a road with this current configuration
would lead to a road that is bordered by a large building, an unsafe and ineffective configuration that
Proposed
“Elbow” Street
Connection
2 nd
St
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3 rd
St
.
S St.
S St.
See Figure 2a
Below
Attachment 1, Page 5 of 9
violates accepted transportation principles – eyes on the street, access from the lower order street – and
could not occur without additional right-of-way dedication on adjacent properties (to the north and east).
Vacating this right-of-way will permit the applicant to develop the road in a more effective location that
complies with accepted transportation planning principles. The application is in conformance with all
adopted and functional plans. This criterion is met.
There are no new streets proposed as part of this application. The Site Plan Review application submitted
concurrently with this application proposes a new street. It shall be dedicated and built as required by
Springfield Development Code criteria and any necessary conditions of approval.”
Staff Finding: The proposed vacation will remove a truncated east-west segment of public road right-of-
way that does not provide a connectivity function within the neighborhood. The adjacent property owner
has submitted a tentative site plan that proposes to dedicate and develop an “elbow” public street
connection at an alternate location between 2nd and 3rd Streets. The proposed public street connection
would eliminate a 1,000-foot long, dead-end segment of public street extending from the current terminus
north of the vacation area via S Street to the intersection with 5th Street. Extending 3rd Street to an
intersection with 2nd Street improves neighborhood connectivity and achieves two-thirds of the local street
configuration contemplated in the Q Street Refinement Plan (see Figures 2 and 2a above). Therefore, the
proposal meets this sub-element of the criterion.
3. There shall be no negative effects on access, traffic circulation, emergency service protection or any
other benefit derived from the public right-of-way, publicly owned land or Partition or Subdivision
Plat.
Applicant’s Submittal: “There shall be no negative effects on access, traffic circulation, emergency service
protection or any other benefit derived from the subject public right-of-way.”
Staff Finding: The proposed vacation of undeveloped public road right-of-way does not have an adverse
impact to adjacent properties, local access, emergency response, and traffic circulation. The public road
right-of-way is truncated, undeveloped, and is not ideally located to provide a viable street connection
between 2nd Street and 3rd Street. For these reasons, the proposed vacation should have no appreciable
effect on access, traffic circulation or emergency response.
Staff Finding: The proposed relocation of the public street connection about 140 feet to the north would
satisfactorily address the local access, emergency response, and traffic circulation issues associated with the
proposed multi-family residential development submitted under separate cover (Case 811-17-000078-
TYP2). As previously stated, and in accordance with Recommended Condition 1, provision for dedicating
the “elbow” connection between 2nd and 3rd Streets will be required prior to or concurrently with vacating
the subject right-of-way.
Conclusion: As conditioned herein, this proposal meets Criterion B.
C. Notwithstanding the provisions of Subsection B., above where the land affected by the proposed Vacation
of public right-of-way, other public land as specified in ORS 271.080, or public easement will remain in
public ownership and will continue to be used for a public purpose, the request shall be reviewed under
the Type IV procedure. The City Council may approve the Vacation application if it is found to be
consistent with the following criteria:
Attachment 1, Page 6 of 9
1. The Vacation was initiated by the City Council pursuant to ORS 271.130(1);
Applicant’s Submittal: “This application is citizen-initiated and therefore, is not subject to this criterion.”
Staff Finding: The vacation action was initiated by an abutting property owner in accordance with
provisions of ORS 271.080 and SDC 5.20-120. Therefore, this sub-element of the criterion is not
applicable.
2. Notice has been given pursuant to ORS 271.110(1);
Applicant’s Submittal: “Notice has been given pursuant to ORS 271.110(1). Therefore, this criterion is
met.”
Staff Finding: Notice of the public hearing for vacation of the subject right-of-way has been provided in
accordance with ORS 271.110(1) and Section 5.20-125 of the City’s Development Code. Therefore, the
proposal meets this sub-element of the criterion.
3. Approval of the vacation would be consistent with provision of safe, convenient and reasonably direct
routes for cyclists, pedestrians and vehicles as provided in OAR 660-012-00045(3);
Applicant’s Submittal: “As comprehensively described in the response to subsection (B), the vacated right-
of-way will be consistent with the provision of safe, convenient, and reasonably direct routes for cyclists,
pedestrians and vehicles. Therefore, this criterion and the standard contained in OAR 660-012-00045(3) is
met.”
Staff Finding: The segment of public road right-of-way proposed for vacation is currently undeveloped and
does not provide a route for pedestrians, cyclists or vehicles. Moreover, in its current configuration it
would not provide a viable connection within the neighborhood due to limited width of right-of-way and
lack of connection points at the eastern end. The proposed dedication and development of an alternate
connection street about 140 feet north of the subject right-of-way would address this situation
(Recommended Condition 1). Therefore, the proposal meets this sub-element of the criterion.
4. Whether a greater public benefit would be obtained from the vacation than from retaining the right
of way in its present status; and
Applicant’s Submittal: “As discussed at length throughout this application, a greater public benefit would
be obtained from the vacation than from retaining the right-of-way in its present status. At this time, the
current right-of-way is unimproved and on vacant land. A storage facility is located directly to the south of
the right-of-way and in fact, abuts the right-of-way. Developing a road with this current configuration
would lead to a road this is bordered by a large building, an unsafe and ineffective configuration that is not
in conformance with accepted transportation planning principles. Therefore, vacating this right-of-way
will permit the applicant to develop the road in a more effective location that meets best practices and
therefore, ensures greater public benefit will be derived. Dedication and improvement of the new public
road is discussed in the Site Review application submitted concurrently with this application [Case 811-17-
000078-TYP2].”
Staff Finding: The subject right-of-way is City-owned, but is undeveloped and truncated by adjacent multi-
family residential development east of the proposed vacation area. The applicant is requesting to vacate the
25-foot wide road right-of-way to consolidate the area within a proposed multi-family residential
Attachment 1, Page 7 of 9
development pursuant to Case 811-17-000078-TYP2. The proposed multi-family development would
create a new “elbow” public street connection between 2nd and 3rd Streets; however, the location is about
140 feet north of the existing road right-of-way requested for vacation. Upon vacation of the subject road
right-of-way and dedication of a new 40-foot wide road right-of-way to connect 2nd and 3rd Streets, the
vacation area is essentially relocated northward to perform the intended function of providing connectivity
and access within the neighborhood. Ultimately, the vacation and proposed rededication of the public road
right-of-way would provide a greater overall public benefit than retaining the right-of-way in its current
state (i.e. undeveloped and disconnected from the neighborhood street network).
5. Whether provisions have been made to ensure that the vacated property will remain in public
ownership.
Applicant’s Submittal: “The vacated right-of-way will revert to private ownership, but the applicant will designate and improve a new public right-of-way to ensure connection of 2nd Street and 3rd Street north of
the vacated right-of-way. Further detail about the design of the proposed street and compliance with the Springfield Development Code is discussed in the Site Review application submitted concurrently with this
application [Case 811-17-000078-TYP2].”
Staff Finding: Because the public road right-of-way was originally dedicated from the adjoining land to the
south (Tax Lot 1000, now developed as Pioneer Storage), ownership of the 25-foot wide by 299.91-foot
long segment would revert to Tax Lot 1000. There is no specific provision to retain the subject vacation area in public ownership. Staff is recommending that an alternate public right-of-way providing for
connection between 2nd and 3rd Streets is provided prior to or concurrently with vacation of the subject right-of-way. This provision is spelled out in Recommended Condition 1 as previously stated herein and summarized below. Staff observes that the City Council could choose to add a provision in the adopting
Ordinance to have the right-of-way revert to public ownership in the event the multi-family residential development does not proceed and/or the applicant abandons the site.
Conclusion: This proposal meets Criterion C.
City Council Decision (SDC 5.20-135): City Council approval of the vacation application is done by adoption of
a Vacation Ordinance. In accordance with SDC 5.20-135, the City Council may attach conditions as may be
reasonably necessary to allow the Vacation to be granted, including but not limited to provision of easements for existing utilities (if required).
City Council waiver of the special assessment of benefit for the vacation area, pursuant to Section 3.204(3) of the Municipal Code, can be done by adoption of a Resolution. Staff observes that the proposed vacation area is
approximately 7,500 ft2 and it would be incorporated into a multi-family residential development area to the north.
The City did not incur any acquisition costs when the right-of-way was initially dedicated in 1995. With the submittal of a tentative site plan (811-17-000078-TYP2), approximately 11,800 ft2 of new public road right-of-way
is proposed by extending 3rd Street south and west of its current terminus to an intersection with 2nd Street. The net
change in public road right-of-way is about 4,300 ft2 – all of which will be dedicated from the adjoining property proposed for multi-family development. Because there is a net increase in public road right-of-way to connect 2nd
and 3rd Streets, and the City obtained the right-of-way at no cost, staff requests that the City Council consider waiving the special assessment of benefit for the vacation area.
Finding: On September 5, 2017, the City Council will conduct a Public Hearing and give first reading of the Vacation Ordinance. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may choose to adopt the Ordinance at a future meeting. The Council may order
modifications to this Ordinance in consideration of evidence in the record. The Director recommends approval of the vacation application subject to the condition recommended in the staff report and as summarized below.
Further, staff recommends adoption of a Resolution (Attachment 6) if the City Council chooses to waive the special
assessment of benefit for the subject vacation area.
Attachment 1, Page 8 of 9
SUMMARY OF STAFF RECOMMENDED CONDITION OF APPROVAL:
1. Prior to or concurrent with recording of the Ordinance to vacate the public road right-of-way dedicated
by Document 2017-024994, Lane County Deeds and Records, a mechanism providing for the dedication
of public road right-of-way at an alternate location between 2nd and 3rd Streets shall be executed and
recorded to the satisfaction of the City.
ADDITIONAL STAFF RECOMMENDATION: If the City Council chooses to waive the special assessment of benefit for the vacation area, in accordance
with the provisions of Section 3.204(3) of the Springfield Municipal Code, the action should be commemorated through adoption of the attached Resolution.
Attachment 1, Page 9 of 9
LOCATION OF PUBLIC ROAD RIGHT-OF-WAY PROPOSED FOR VACATION
SITE
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PROPOSED VACATION OF PUBLIC ROAD RIGHT-OF-WAY
VICINITY STREET MAP
Right-Of-Way Proposed
For Vacation
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PROPOSED VACATION OF PUBLIC ROAD RIGHT-OF-WAY EXTENDING EASTWARD FROM 2ND STREET JUST NORTH OF Q STREET
PUBLIC ROAD
RIGHT-OF-WAY
PROPOSED FOR
VACATION
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Ordinance ________ - 1 -
CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ___________ (SPECIAL)
AN ORDINANCE VACATING A 25-FOOT WIDE BY 299.91-FOOT LONG PORTION OF UNDEVELOPED PUBLIC ROAD RIGHT-OF-WAY LYING TO THE EAST OF 2ND STREET BETWEEN ‘Q’ AND ‘S’ STREETS
WHEREAS, the Springfield City Council has received a request to vacate public right-of-way
in the City of Springfield; and
WHEREAS, the request for vacation was submitted in conformance with the provisions of ORS 271.080 et. seq., Section 3.200 through 3.206 STREETS of the Springfield Municipal Code, and
with the provisions of Section 5.20-100 VACATION OF RIGHTS-OF-WAY AND EASEMENTS 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 5.20-130 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 of the proposed vacation was published and posted; and
WHEREAS, the Springfield City Council met in Council Chambers, at 225 Fifth Street, on Tuesday, the 5th day of September, 2017, 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 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 the public road 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 road right-of-way in the City of Springfield, as generally depicted on the site map and more particularly described in the property legal description which are together
attached as Exhibit A of this Ordinance, is declared to be vacated.
Section 3. The Findings and Conclusions of Law in support of the road right-of-way
vacation set forth in Exhibit B, attached hereto and incorporated herein by reference, are hereby
adopted.
Return to:
City Recorder
City of Springfield 225 Fifth Street Springfield, OR 97477
(Bar Code Sticker)
Attachment 5, Page 1 of 3
Ordinance ________ - 2 -
Section 4: This right-of-way vacation is subject to the reservation of easements and/or
licenses as may be required for provision of emergency access to abutting properties, and this
right of way vacation explicitly reserves easement rights for any existing utilities located within the right-of-way, including but not limited to water, sewer, electricity, telecommunications, and natural
gas, and the owner of any such utility or thing is hereby reserved the right to maintain, continue,
repair, reconstruct, renew, replace, rebuild or enlarge any and all such facilities.
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 City Council of the City of Springfield this ___ day of _________, 2017, by
a vote of _____ for and ____ against.
APPROVED by the Mayor of the City of Springfield this ______ day of __________, 2017.
_______________________
ATTEST: Mayor
__________________________ City Recorder
State of Oregon )
) ss.
County of Lane )
This instrument was acknowledged before me on
______________, _________ by
_______________________________ (Name)
as __________________________________ of the City of Springfield. (Position)
NOTARY PUBLIC FOR OREGON
My commission expires:
___________________________
Attachment 5, Page 2 of 3
Ordinance ________ - 3 -
EXHIBIT A
LEGAL DESCRIPTION OF VACATION AREA
The North 25.00 feet of the following described property:
A portion of that property in Section 26, Township 17 South, Range 3 West, Willamette Meridian described in that deed from Seavey to Buckley recorded August 22, 1945 as Reception No. 156137 in the Lane County
Oregon Deed Records and which is more particularly described as follows:
Beginning at the Southeast corner of the Jacob Halstead Donation Land Claim No. 47, Township 17 South,
Range 3 West, Willamette Meridian, thence South 89° 58’ 45” West along the South line of said claim a distance of 1554.58 feet to a point on the Easterly right-of-way of North 2nd Street projected; thence North 00° 01’ 37” East along last said line a distance of 30.00 feet to the location of Monument 1 at the intersection of the North
right-of-way of ‘Q’ Street and the East right-of-way of 2nd Street as shown in Lane County Survey File 13954 as
filed at the Lane County Surveyor’s Office; thence continuing North 00° 01’ 37” East along the right-of-way of 2nd Street a distance of 405.00 feet to the TRUE POINT OF BEGINNING; thence North 00° 01’ 37” East along
said right-of-way a distance of 205.00 feet; thence leaving said right-of-way North 89° 58’ 45” East parallel to
the South line of the Halstead Donation Land Claim a distance of 300.00 feet; thence South 00° 01’ 37” West a distance of 205.00 feet; thence South 89° 58’ 45” West a distance of 300.00 feet to the TRUE POINT OF
BEGINNING. Containing 7,497.8 square feet, more or less.
2 nd
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Q Street
S Street
3 rd
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PUBLIC ROAD RIGHT-OF-WAY TO BE VACATED Safeway
5 th
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Pioneer Storage
Attachment 5, Page 3 of 3
Attachment 6
Attachment 6
Attachment 6