HomeMy WebLinkAboutItem 10 Resolution to Waive Special Benefit
AGENDA ITEM SUMMARY Meeting Date: 5/17/2021
Meeting Type: Regular Meeting
Staff Contact/Dept.: Melissa Cariño/DPW
Staff Phone No: 541.744.4068
Estimated Time: 10 Minutes
S P R I N G F I E L D
CITY COUNCIL
Council Goals: Maintain and Improve
Infrastructure and
Facilities
ITEM TITLE: A RESOLUTION WAIVING THE ASSESSMENT OF SPECIAL BENEFIT FOR
THE VACATION OF AN UNIMPROVED PORTION OF PUBLIC RIGHT-OF-
WAY (ROW) ABUTTING PRIVATE PROPERTY AT 5409 IVY STREET.
ACTION
REQUESTED:
Adopt/not adopt the following resolution:
A RESOLUTION WAIVING THE ASSESSMENT OF SPECIAL BENEFIT FOR
THE VACATION OF AN UNIMPROVED PORTION OF PUBLIC RIGHT-OF-
WAY (ROW) ABUTTING PRIVATE PROPERTY AT 5409 IVY STREET.
ISSUE
STATEMENT:
The City Council is requested to consider a resolution to waive the assessment of
special benefit for a piece of unimproved portion of City-owned Right-Of-Way
(ROW) that abuts private property at 5409 Ivy Street pursuant to the Springfield
Municipal Code (SMC) 3.204.
ATTACHMENTS: Attachment #1: Resolution with Exhibits
Exhibit A: Site Map & Legal Description
DISCUSSION:
The subject right-of-way (ROW) is an irregularly shaped, approximately 1,500
square foot fragment of unused public ROW remaining from the original street
designs for the Hayden Homes Pinehurst-Phase 1 subdivision plat. The resulting
boundary between the public ROW and abutting private property is inconsistent
with the City’s street design standards as per the Springfield Development Code.
Street-side utilities currently exist within the subject ROW fragment that serve the
residence at 5409 Ivy Street. These will remain in a recorded public utility
easement (PUE) if the ROW vacation is approved, and there will be no additional
costs incurred by the City. Pursuant to SMC 3.204, staff calculated the value of the
land located in the subject ROW portion. In 2020, Lane County determined that the
Real Market Value of property located at 5409 Ivy Street as $349,146, with
$70,743 of that value in the land ($7.06 per square foot based on the 10,019
mapped square feet as noted in the Regional Land Information Database (RLID).
With the subject ROW portion requested for vacation being approximately 1,500
sq. ft., the value of the subject ROW portion is estimated at $10,590. In requiring a
7-foot PUE (~700 sq. ft.) if the ROW is vacated and the assumption that land value
within a PUE decreases by 50% (as is the practice of Oregon Department of
Transportation (ODOT), the net worth of the land within the subject ROW is
~$8,100.
While the subject ROW was acquired at no cost to the City in 2015, the City tried
to work with the former property owner who initially dedicated the ROW to return
it to private property at 5409 Ivy Street; however, the former property owner was
unwilling to cooperate. If the subject ROW is vacated, as requested by the new and
current property owners of 5409 Ivy Street, it would facilitate more planned
improvements (i.e. construction of a new garage) that would increase the value of
the property overall and provide more tax revenue to the City. Paired with the
current property owners’ investment of over $8,000 in application and professional
fees, their ongoing maintenance of the subject ROW, and their challenges in
obtaining permits for improvements, staff recommends that Council approve the
waiver of special benefit as vacation is in both the public and private property
owners’ interest by creating a uniform ROW width along Ivy Street.
PAGE [_ of _]
CITY OF SPRINGFIELD, OREGON
RESOLUTION NO. __________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SPRINGFIELD TO WAIVE THE
ASSESSMENT OF SPECIAL BENEFIT FOR VACATION OF A WEDGE-SHAPED UNIMPROVED
PUBLIC ROAD RIGHT-OF-WAY ABUTTING PRIVATE PROPERTY AT 5409 IVY STREET
WHEREAS, the Springfield City Council adopted a resolution to initiate vacation of a wedge-shaped
portion of public road right-of-way abutting private property at 5409 Ivy Street, as more particularly
described and set forth in Exhibit A;
WHEREAS, pursuant to Section 3.204(1) of the Springfield Municipal Code, a vacation of unimproved
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 existing wedge-shaped portion of public road right-of-way was dedicated to the City by
the Hayden Homes Pinehurst-Phase 1 Plat in 2015, and the monetary consideration for said portion of
public road right-of-way dedication is approximately valued at $8,000;
WHEREAS, based on the unique facts of this vacation request and the opportunity presented to make
this public road right-of-way (ROW) consistent and uniform with adjacent properties and ROW along Ivy
Street, Staff has recommended that the assessment of special benefit fee required be waived in the
public interest,
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 3.204 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.
ADOPTED by the Common Council of the City of Springfield this ___ day of _________, ____, by
a vote of _____ for and ____ against.
ATTEST:
__________________________
City Recorder
Attachment 1, Page 1 of 3
PAGE [_ of _]
EXHIBIT A: Site Overview
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.
Attachment 1, Page 2 of 3
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
Attachment 1, Page 3 of 3