HomeMy WebLinkAboutOrdinance 6405 10/21/2019 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6405 (SPECIAL)
AN ORDINANCE VACATING A 20-FOOT WIDE BY 306-FOOT LONG PORTION OF
UNDEVELOPED PUBLIC RIGHT-OF-WAY LYING EAST OF 5111 STREET
BETWEEN `Q' AND 'T' STREETS.
WHEREAS, the Springfield City Council adopted a resolution to initiate vacation of public right-of-way
on September 16, 2019; and
WHEREAS, the vacation process is in conformance with the provisions of ORS 271.090 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 staff 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
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
7th day of October, 2019, at the hour of 7:00pm, to hear any objections to the proposed vacation and
0 persons appeared to object,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The Council finds that legal notice of the hearing was lawfully published and
posted; that 0 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 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.
Section 4. The 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 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 21 day of October , 2019, by a
vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 21 day of October , 2019.
ayor
ATTEST:
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City R order
REVIEWED&APPROVED
AS TO FORM
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DATE: /0 .j cz,
OFFICE OF CITY ATTORNEY
ORDINANCE NO. 6405
EXHIBIT A, Page 1 of 2
VACATION OF UNDEVELOPED PUBLIC ROAD RIGHT-OF-WAY
LYING EAST OF 5TH STREET BETWEEN 'Q' AND 'T' STREETS
T Street
S Street
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ORDINANCE NO. 6405
EXHIBIT A, Page 2 of 2
LEGAL DESCRIPTION
Beginning at a point 969.38 feet North and 390.03 feet West of the Southeast
corner of the Jacob Halstead and Wife Donation Land Claim No. 47 in Section 26,
Township 17 South, Range 3 West, Willamette Meridian, said point being marked
by a 5/8 inch iron rod; thence West 176.33 feet to a 5/8 inch iron rod on the East
line of 5th Street; thence North 0° 05' 10" East along said East line 20.00 feet to a
5/8 inch iron rod; thence East 176.33 feet to a 5/8 inch iron rod; thence South 0°
05' 10" West 20.00 feet to the point of beginning, in Springfield, Lane County,
Oregon.
ALSO INCLUDING:
The Northern most 20 feet of the following described property beginning at a
point 835.68 feet due North and 260 feet West of the Southeast corner of the
Jacob Halstead and wife Donation land Claim No. 47 in Section 26, Township 17
South, Range 3 West of the Willamette Meridian, in Lane County, Oregon; thence
North 153.70 feet; thence West 130 feet; thence South parallel with the East line
of Fifth Street in the town of Springfield, Oregon, extended, 153.70 feet; thence
East 130 feet to the PLACE OF BEGINNING. All lying in and being in what is known
as the Seavey Tracks lying North of Springfield, Oregon.
ORDINANCE NO. 6405
• j / Bargain and.Sale Deed /''816.7 11EXHIBIT B,Page 1 of 5
KNOW ALL ME BY_Z ESE PRESENTS, That /-/a_/-/f5 // 7'cc `IIJ 4-"""--
grantor , in consideration of the acceptance by the City-of Springfield,
Oregon, grantee, and the use or holding of said property for present or
future public use b}• grantee, grantor hereby grants, bargains, sells, and
conveys unto the said grantee, its successors and assigns, all the following
real property, with the tenements, hereditaments and appurtenances, situated
in the County of Lane and State of Oregon, bounded and described as follows
(1):' Beginning 'at a point 969.38 feet North and 390.03 feet West of the Southeast corner
of the Jacob Halstead and Wife Donation Land Claim No. 47 in Section 26, Township
.17 South, Range 3.West, Willamette Meridian, said point being marked by a 5/8 inch
iron r-od; thence West 76.33 feet to a 5/8 inch iron rod on the East line of 5th
Street; thenide North 0 05'10" East along said East line 20.00 feet to a 5/8 inch
iron rodt-tbence East 176.33 feet to a 5/8 inch iron rod; thence South 0°05'10"
Frost Z0.'00'feet•to the point of beginning, in Springfield, Lane County, Oregon
Except the North 1.00 foot of the property as described above.
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The same hereby and forever dedicated to the public to be used as a
public road, and (2)
A one foot wide strip, being the exception mentioned in (1) above.
to hold in public trust for the benefit of the people of Springfield and
for the sole purpose of maintaining exclusive possession of said property
and to prevent the use of said property by any person whomsoever as access
to a public road, and to dedicate said property or part therof as a public
road when and only when the Springfield Planning Commission by a majority
vot of the entire membership thereof has declared that said property or
said part thereof should be so dedicated. Upon such authorized dedication
this trust shall terminate with respect to the property or part thereof so
dedicated.
TO HAVE AND TO HOLD, the above described and granted premises unto the said
grantee, its successors and assigns forever.
The true and actual consideration for this conveyance is no monetary con-
sideration.
IT WITNESS WHEREOF, the grantors above named have hereunto set their hands
and seals this .gyp day of /-�/�ri�/ , 19 78__•
Q74, ;. ,7z:� , z /(SEAL) (SEAL)
emo ,�/ (SEAL) (SEAL)
hy �t tr7i_� ---
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C/S ED 1/18-I
ORDINANCE NO. 6405
78467'1l - EXHIBIT B,Page 2 of 5
STATE OF OREGON, County _,£ l Gzj; ll
_
,ss 1 :sonay appeared the
above n<<_aed and acknowledged the foregoing instrument to be /he.i r-
•
voluntary act and .deed. Before me:
A.D. 19 7,6 Ci Z.nt--1tCr'
DATED: �ri'� -2o Notat Public for Cregon
My Commission expires: JCcr7 L. , /9 R 7 I
Return to: City Engineer ).,'"f"....,:-.)..:-/-
Department
....
Department of Public Works '' :
City Hall, 334 North A Street �t�� ' -
Springfield,.Oregon 97477 _KM: ma., c' '
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ORDINANCE NO. 6405
vv��vv •��,.-"—'�^� EXHIBIT B,Page 3 of 5
//f, `� Bargain and Sale Deed
KNOW ALL NEN BY l ESE--Pf3ESEnTS, That Durward L. Boyles
Grantor , in consideration of the acceptance by the City of Springfield, Oregon, Grantee,
and the use or holding of said property for present or future public use by grantee,
grantor hereby grants, bargains, sells and conveys unto the said grantee, its successors
and assigns, all the following real property, with the tenements, hereditaments and
appurtenances, situated in the County of Lane and State of Oregon, bounded and described
as follows:
The Northern most 20 feet of the following described property beginning at a point
835.68 feet due North and 260 feet West of the Southeast corner of the Jacob Halstead
and wife Donation land Claim No. 47 in Section 26, Township 17 South, Range 3 West of
the Willamette Meridian, in Lane County, Oregon; thence North 153.70 feet; Thence West
130 feet; Thence South parallel with the East line of Fifth Street in the town of Spring-
field, Oregon, extended, 153.70 feet; Thence East 130 feet to the PLACE OF BEGINNING.
All lying in and being in what is known as the Seavey Tracks lying North of Springfield,
Oregon.
1729A001 04/08/88 REC 5.00
**0008**
1729A001 04/08/88PFNIi 10.00
**0008**
The same hereby and forever dedicated to the public to be used as public road.
TO HAVE AND TO HOLD, the above described and granted premises unto the said grantee,
its successors and assigns forever.
````\`tN�{18pRetary consideration for this conveyance is )1o,ne_ �_.•
04.
wt�!"Eflile ,WHEREOF, the grantors above named have hereunto set their hands and seals
t-t thkspt.+ �Fl day of , 194`8:
A A ; �� (SEAL) (SEAL)
�2. �e,'��. »•"r�Q�`.`r / (SEAL) (SEAL)
State of Oregon, County of ,ss Personally appeared the above named and
acknowledged the foregoing ,nstrument to be .j/.3voluntary act and deed.
Before me:qq
DATED: l le f A.D.. l r ���A'v`�r►. - �`.
NNotta/ Public for Oregon
Return to: City Engineer 4///0// O /�
Public Works "J'
My Commission Expires:
Springfield, Oregon 97477
CIS ED =35-1 c.' 5e
ORDINANCE NO. 6405
8813697
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State of Oregon, (
County of Lane—ss.
+ t,the County Clerk,in and for the said
County,do t the
instrument was ereeceved for certify t record atthin
8 APR 88 11: 00
I Reel 1508R
Lane County OFFICIAL Records.
Lane County Clerk
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