HomeMy WebLinkAboutItem 09 VAC Initiation Reso Hamovitz AGENDA ITEM SUMMARY Meeting Date: 4/5/2021
Meeting Type:Regular Meeting
Staff Contact/Dept.:Melissa Cariño, DPW
Staff Phone No:541.744.4068
Estimated Time: 5 Minutes
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: A RESOLUTION INITIATING VACATION OF AN UNIMPROVED PORTION
OF PUBLIC RIGHT-OF-WAY ABUTTING PRIVATE PROPERTY AT 5409
IVY STREET
ACTION
REQUESTED:
Adopt/not adopt the following resolution:
A RESOLUTION INITIATING VACATION OF AN UNIMPROVED PORTION
OF PUBLIC RIGHT-OF-WAY ABUTTING PRIVATE PROPERTY AT 5409
IVY STREET (ASSESSOR’S MAP 18-02-04-00, TAX LOT 300)
ISSUE
STATEMENT:
The City Council is requested to consider a resolution to initiate vacation of an
unimproved portion of City-owned Right-Of-Way (ROW) abutting private property
at 5409 Ivy Street. The citizen request for initiation arises from challenges and
restrictions related to COVID -19 pandemic concerns. If approved by standard
procedures the applicant would like to use the excess right of way to meet setback
standards for a new garage on their property.
ATTACHMENT: Attachment 1: Resolution with Exhibits
DISCUSSION/
FINANCIAL
IMPACT:
The applicant has requested that the vacation be initiated by City Council due to the
challenges and restrictions involved in obtaining the required neighbors signed and
notarized consent during the COVID-19 pandemic. In short, the standard consent
process is typically conducted by door to door contact for required signatures.
Initiation by Council Resolution as allowed by state statute is supported by staff to
safeguard all parties to the process.
If this vacation is initiated by the City Council, the standard Vacation process will
occur and a public hearing will be scheduled for Monday, May 3, 2021. City staff
will provide the Council and public with an Agenda Item Summary informational
packet detailing the proposal prior to the meeting. Once the public hearing is
closed, the Council will be able to deliberate and decide whether to adopt/not adopt
the ordinance to vacate and a Second Reading will be scheduled as necessary.
There are no direct financial impacts associated with the initiation of this vacation
process by City Council resolution.
CITY OF SPRINGFIELD, OREGON
RESOLUTION NO. ___________
A RESOLUTION INITIATING VACATION OF UNIMPROVED PORTION OF PUBLIC RIGHT-OF-
WAY ABUTTING PRIVATE PROPERTY LOCATED AT 5409 IVY STREET
(ASSESSOR’S MAP 18-02-04-00, TAX LOT 300)
WHEREAS, pursuant to Oregon Revised Statutes (ORS) 271.080, the City governing body may initiate
vacation proceedings and make such vacation without a petition or consent of property owners; notice
shall be given as provided by ORS 271.110, but such vacation shall not be made before the date set for
hearing, nor if the owners of a majority of the area affected object;
WHEREAS, Bruce Hamovitz, property owner of 5409 Ivy Street has requested that the City initiate
vacation of the undeveloped right-of-way shown in Exhibit A to facilitate development of a garage
addition on private property that will meet Springfield Development Code setback requirements; and
WHEREAS, City staff has recommended initiation of this right-of-way vacation after determining there
are no plans to develop or extend the subject portion of right-of-way for public street use and after the
applicant shared concerns about collecting the required signatures to initiate the vacation via property-
owner petition during the COVID-19 pandemic,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
SPRINGFIELD:
Section 1: The City Council hereby initiates the vacation of the undeveloped portion of
public right-of-way as more particularly described and set forth in Exhibit A attached hereto.
Section 2: This Resolution will take effect upon adoption by the Council.
ADOPTED by the Common Council of the City of Springfield this ___ day of _________, ____,
by a vote of _____ for and ____ against.
ATTEST:
__________________________
City Recorder
Legal Description of Subject Portion of ROW to be Vacated
Beginning at the position of the Northeast corner of Lot 3, Pinehurst ‐Phase 1, said position referenced
by a 5/ 8" iron rod with yellow plastic cap marked " CARDO INC." which bears South 67°03' 55" East 0.08
feet; thence North 67° 03155" West a distance of 27.82 feet to a 5/ 8" iron rod with yellow plastic cap
marked " CARDO INC." marking the southwesterly corner of a property described on Document No.
2020‐043426, Lane County, Oregon Official Records; thence along the southerly boundary of said
property, North 4926' 00" East a distance of 120.00 feet to a 5/ 8" iron rod with yellow plastic cap marked
" CARDO INC." on the westerly boundary of Lot 2, Pinehurst ‐Phase 1; thence South 3845' 55" East a
distance of 6. 72 feet to the position of the southwesterly corner of said Lot 2, said position referenced
by a 5/ 8" iron rod with yellow plastic cap marked " CARDO INC.", which bears South 38°45' 55" East a
distance of 0. 06 feet; thence along the northwesterly right‐of‐way of Ivy Street and along the arc of
a 278.00 foot radius curve left (chord bears South 3949' 35" West 108. 90 feet) an arc distance of 109.
61 feet to the POINT of BEGINNING, all in Springfield, Lane County, Oregon.
Bearings for this description are based on the centerline of Ivy Street per found centerline monuments.
Exhibit A, Page 1 of 1