HomeMy WebLinkAboutResolution 2017-25 09/05/2017 CITY OF SPRINGFIELD, OREGON
RESOLUTION NO. 2017-25
A RESOLUTION OF THE COUNCIL OF THE CITY OF SPRINGFIELD TO WAIVE THE
ASSESSMENT OF SPECIAL BENEFIT FOR VACATION OF A 25-FOOT WIDE BY
299.91-FOOT LONG SEGMENT OF UNDEVELOPED PUBLIC ROAD RIGHT-OF-WAY EXTENDING
EASTWARD FROM 2N13 STREET BETWEEN 'Q'AND 'S'STREETS
WHEREAS, a property owner adjacent to undeveloped public road right-of-way that extends eastward
from 2nd Street between Q and S Streets as more particularly described and set forth in Exhibit A has
requested vacation of the right-of-way as described therein;
WHEREAS, pursuant to Section 3.204(1) of the Springfield Municipal Code, a vacation of improved
public right of way shall require the payment to the city by the applicant of an amount equal to the
assessment of special benefit resulting or inuring to the abutting property that results from the vacation
and disposition of property to the benefited property owner;
WHEREAS, pursuant to Section 3.204(3) of the Springfield Municipal Code, the City Council may waive
the assessment of a special benefit if the Council determines it is in the public interest;
WHEREAS, the adjacent property owner, 5`" Street Project LLC, is requesting to vacate the
undeveloped public right-of-way to facilitate development of a multi-family residential complex on the
property;
WHEREAS, the adjacent property owner is proposing to dedicate and develop a 40-foot wide segment
of public right of way at an alternate location about 140 feet north of the subject public right-of-way;
WHEREAS, the proposed public street extends southward from the current terminus of 3rd Street and
then makes a 90° bend westward to an intersection with 2"d Street thereby providing a valuable east-
west connection within the neighborhood;
WHEREAS, the proposed extension of 3rd Street to an intersection with 2"d Street would require
dedication of public right-of-way entirely within the developer's property;
WHEREAS, the proposed extension of 3rd Street to an intersection with 2nd Street would render the
existing 25-foot wide public road right-of-way surplus to the needs of the City;
WHEREAS, the existing 25-foot wide public road right-of-way was dedicated to the City by the adjacent
property owner in 1995, as described in Bargain and Sale Deed 2017-024994, Lane County Deeds &
Records, and the monetary consideration for said public road right-of-way dedication was nil ($0);
WHEREAS, the existing 25-foot wide public road right-of-way terminates at the western boundary of an
existing multi-family housing development, making future extension of this right-of-way unlikely; and
WHEREAS, based on the unique facts of this vacation request and the opportunity presented for a
viable east-west public street to be dedicated and constructed at an alternate location connecting 2nd
and 3rd Streets, staff has recommended that the assessment of special benefit fee required of the
property owner requesting vacation of public right-of-way be waived in the public interest.
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
SPRINGFIELD AS FOLLOWS:
Section 1. The special assessment of benefit fee set forth in Section 3204 of the Springfield
Municipal Code is hereby waived in the public interest; and
Section 2. This Resolution will take effect upon its adoption by the Council and approval by
the Mayor.
ADOPTED by the Common Council of the City of Springfield this 5th day of SeatembQr,201,7by
a vote of 5 for and 0 against. (1 Absent - Woodrow)
,•
Mayor
ATTEST:
City Recorder
RI-VIEWED & APPROVED
AS TO E• •DA FE. Arket—
!WRC_ Jr ITY A *RNEY
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RESOLUTION NO. 2017-25
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EXHIBIT A
S Street �— — L _
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PUBLIC ROAD
_ RIGHT-OF-WAYI
1 - f TO BE VACATED
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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 god 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 2" 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 2n° 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.
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RESOLUTION NO. 2017-25