HomeMy WebLinkAboutItem 11 ROW Vacation 5409 Ivy StAGENDA 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: 5 Minutes
S P R I N G F I E L D
CITY COUNCIL
Council Goals: Maintain and Improve
Infrastructure and
Facilities
ITEM TITLE: REQUEST TO VACATE AN UNIMPROVED PORTION OF PUBLIC RIGHT-
OF-WAY (ROW) ABUTTING PRIVATE PROPERTY AT 5409 IVY STREET.
ACTION
REQUESTED:
Conduct a second reading of the following ordinance and adopt/not adopt:
AN ORDINANCE VACATING AN EXISTING UNIMPROVED PORTION OF
PUBLIC RIGHT OF WAY ABUTTING PRIVATE PROPERTY LOCATED AT
5409 IVY STREET.
ISSUE
STATEMENT:
The City Council is requested to consider vacating a fragment of undeveloped City-
owned right-of-way (ROW) located in front of and abutting private property
municipally addressed as 5409 Ivy Street, in Springfield. The proposed ROW
vacation is requested to facilitate private ownership and development and results in
a consistent right of way alignment.
ATTACHMENTS: Attachment #1: Vacation Ordinance
Exhibit A: Site Map & Legal Description
Exhibit B: Staff Report and Recommendation
Attachment #2: Applicant Submittal, 811-20-000240-TYP4
Attachment #3: City Council Resolution No. 2021-13
DISCUSSION: The City Council adopted a resolution to initiate a vacation of this public road
right-of-way on April 5, 2021, in accordance with Section 3.200 of the Springfield
Municipal Code and Section 5.2-120 of the City’s Development Code. City Council
conducted a first reading and public hearing at their regular meeting on May 3,
2021.
The City Council is asked to consider vacating this fragment of undeveloped right
of way for incorporation into private property owned by the applicant. If approved,
the applicant intends to use the recovered property to satisfy setback requirements
for a new garage. The resulting ROW alignment will be consistent with the existing
alignment of South 55th and Ivy Streets.
The irregularly shaped, approximately 1,500 square foot fragment of unused public
right of way remains from the original street designs for the subdivision. The
resulting boundary between the public right of way and abutting private property is
inconsistent with the street design. City staff determined that the ROW has no
current or future public benefit and vacation will relieve the City of any future
maintenance responsibilities.
The attached Staff Report finds that the proposal meets the Criteria for Approval for
ROW Vacations as per the Springfield Development Code.
Financial Impact: The City did not incur any acquisition costs when the right-of-
way was initially dedicated in Hayden Homes’ Pinehurst-Phase 1 Subdivision Plat.
Staff recommends City Council consider the Waiver for Assessment of Special
Benefit process. Staff prepared a draft Resolution to that effect for consideration
concurrently with Second Reading and Adoption procedures at the May 17th City
Council Regular Session.
Ordinance ________ - 1 -
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (SPECIAL)
AN ORDINANCE VACATING AN EXISTING UNIMPROVED PORTION OF PUBLIC ROW
ABUTTING PRIVATE PROPERTY LOCATED AT 5409 IVY STREET
WHEREAS, the Springfield City Council initiated this Vacation of public road right-of-way in
the City of Springfield by Resolution #2021-13 on April 5, 2021; and
WHEREAS, the Vacation was initiated 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 held their public hearing virtually using the Zoom
online platform, on Monday, the 3rd day of May 2021, 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 1, Page 1 of 9
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 _________, 2021, by a
vote of _____ for and ____ against.
APPROVED by the Mayor of the City of Springfield this ______ day of __________, 2021.
_______________________
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 1, Page 2 of 9
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 9
TYPE IV – VACATION OF PUBLIC RIGHT-OF-WAY
STAFF REPORT
_____________________________________________________________________________________
File Name: Vacation of a Portion of Unimproved Public Right-of-Way (ROW)
Applicant: Bruce Hamovitz
Case Number: 811-20-000240-TYP4
Proposal Location: 5409 Ivy Street
(Assessor’s Map 18-02-04-00, Tax Lot 300)
Plan Designation: Residential
Zoning District: Low Density Residential (LDR)
Adjacent Zoning: Low Density Residential (LDR)
and Public Land & Open Space (PLO)
Application Initiation Date: December 15, 2020
Associated Applications: 811-20-000169-PRE (Development Initiation Meeting)
CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE:
POSITION REVIEW OF NAME PHONE
Project Manager City Planning Melissa Cariño 541-744-4068
Transportation Planning Engineer Transportation Michael Liebler 541-736-1034
Public Works Civil Engineer Stormwaterand Utilities Clayton McEachern 541-736-1036
Deputy Fire Marshal Fire and Life Safety Eric Phillips-Meadow 541-726-2293
Building Official Building Chris Carpenter 541-744-7153
Review Process Springfield Development Code (SDC), Section 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
271.030, vacation of public right-of-way may be initiated by the City governing body, which is, in this case, the
Springfield City Council.
Finding 1: This vacation of public road right-of-way request was first initiated by an abutting property owner, Bruce
Hamovitz, of 5409 Ivy Street (see Attachment #2). As part of the ROW Vacation application, the Mr. Hamovitz
submitted two signed and notarized consents from adjacent property owners as part of his petition for vacation on
December 15, 2020.
Finding 2: Based on the petition requirements in ORS 271.080, City staff determined that Mr. Hamovitz’s petition
needed at least 2/3 (66%) written consent of a total of 17 affected properties for the petition to be fully valid, not just
the two signed consents that he already submitted. City staff contacted Mr. Hamovitz on January 21, 2021, to inform
him of the additional properties impacted by the ROW vacation request and the petition requirements.
Main Street
Exhibit B, Page 1 of 6
Attachment 1, Page 4 of 9
Page 2 of 6
Finding 3: On January 22, 2021, Mr. Hamovitz contacted City staff regarding the incomplete petition. He expressed
grave concern about the additional signed consents needed during the time of the current COVID pandemic. Both
outreach to these other property owners as well as the notarization process would require Mr. Hamovitz and his
neighbors to break the Governor’s Executive Order to stay at home unless it is for an essential reason.
Finding 4: Staff found that under the circumstances of the pandemic a City-initiated Vacation process as allowed by
Springfield Development Code (SDC) Section 5.20-120 and ORS 271.130(1) was warranted.
Finding 6: The Springfield City Council adopted a resolution to initiate the right-of-way vacation at their regularly
scheduled meeting on April 5, 2021, pursuant to ORS 271.130(1) (see Attachment #3) The public hearing and first
reading for this public road right-of-way vacation will take place on May 3, 2021, which is the next regularly
scheduled meeting of the City Council. The second reading and consideration to adopt, adopt with conditions, or
deny the vacation ordinance will take place on May 17, 2021.
Conclusion: The application requirements in SDC 5.20-120 have been met.
Site Information: The approximately 1,500 sq. ft. area proposed for vacation is a portion of an unimproved public
right-of-way (ROW), which abuts private property located at 5409 Ivy Street in the City of Springfield. This public
ROW was dedicated to the City of Springfield when a former property owner sold the parcel and surrounding lands
to Hayden Homes in 2015 and retained the rectangular shape of Tax Lot 300 for the Pinehurst-Phase 1 Plat. This
section of ROW is inconsistent with the dimensions of the public road ROW in the immediate vicinity because of the
additional wedge-shaped portion of ROW abutting Tax Lot 300, which is the subject for this proposed vacation.
Currently, the dedication of public ROW along both Ivy Street and South 55th Street is not uniform or consistent
along the east side of South 55th Street and the northeastern side of the road as it curves into Ivy Street as can be seen
in the image below in yellow:
As pictured above, the current dedication of public ROW (in yellow) along this section of South 55th and Ivy Streets
is not consistent with the street width right-of-way and curb-to-curb dimensions. Whereas the public ROW ends
immediately behind the sidewalk for the adjacent properties and properties across the street, the subject portion of
public ROW requested for vacation extends behind the sidewalk for the entire street frontage of 5409 Ivy Street.
This portion of unimproved public ROW in question was dedicated to the City of Springfield when the Hayden
Homes Pinehurst-Phase 1 Plat was recorded, and the local streets were constructed. At that time, the
City attempted to allocate the unused public ROW portion back to the abutting property (5409 Ivy Street) prior to
Final Plat procedures, but unfortunately was not successful. With new ownership of 5409 Ivy Street, this
Exhibit B, Page 2 of 6
Attachment 1, Page 5 of 9
Page 3 of 6
application provides the City another opportunity to vacate the excess portion of public ROW and make South
55th and Ivy Streets public road ROW uniform and consistent.
The applicant recently purchased the property located at 5409 Ivy Street, and the current property owners are
interested in constructing a garage/carport/shop on-site in the southwest portion of the tax lot. However, because of
the existing public ROW located along the property’s street frontage, setback requirements as detailed in the
Springfield Development Code could not be met for the garage unless the subject portion of public ROW is adjusted.
If approved, the vacation area of unimproved ROW would be incorporated into the private property located at 5409
Ivy Street and used towards the setback requirements within the Low Density Residential (LDR) district. This
vacation area must be maintained by the property owners as an addition to their private property.
City staff determined there is a full range of utilities placed within the 7-foot area behind the existing sidewalk.
Because this area has been dedicated as public ROW, there was no public utility easement (PUE) required. If the
requested vacation is approved, the applicant must execute and record the ROW vacation with an updated deed and
legal description as well as a 7-foot PUE along the street frontage.
On the evening of Monday, April 5, 2021, the City Council adopted a resolution for the City-initiated vacation
of an unimproved portion of ROW abutting private property located at 5409 Ivy Street. The public hearing on this
vacation was held at the May 3rd City Council meeting. City staff received no public comments prior to the May 3rd
City Council meeting.
During the May 3rd public hearing, two community members had something to share regarding this ROW vacation
application: (1) Suzanne Turner, a resident in Glenwood; and (2) the applicant, Bruce Hamovitz, who is also the
property owner of 5409 Ivy Street. Ms. Turner inquired about the type of maintenance was done by the private
property owner for the subject portion of ROW. Mr. Hamovitz then explained the maintenance he has already done
regarding a tree and retaining wall located in the subject ROW, as requested by his next-door neighbors. Mr.
Hamovitz also shared background information such as purchasing this property when it was under foreclosure in
2020, what he has invested in improvements, and his timelines and challenges in obtaining permits from the City
with the subject ROW not being vacated.
City Council will conduct a second reading of this request and consider adoption of the ordinance at its May 17th
regular meeting.
Notice Requirements (SDC 5.20-125): Consistent with SDC 5.20-125, notice was provided as follows:
Mailed Notice. Notice of the ROW vacation was mailed March 19, 2021, as well as April 9, 2021, 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 300 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 upcoming public hearings were published in The Register-Guard on March
21, 2021; April 18, 2021; and April 25, 2021.
Posted Notice. At least one notice of the City Council public hearing was posted on the City of Springfield
website, the Digital Display inside City Hall, and two notices posted at and near the subject property on April 13,
2021, which is at least two weeks before the scheduled public hearing.
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 (DPW) Director shall
forward a written recommendation on the vacation request to the City Council based on the approval criteria specified
in 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.
Exhibit B, Page 3 of 6
Attachment 1, Page 6 of 9
Page 4 of 6
Criteria (SDC 5.20-130): The application may be approved only if the City Council finds that the proposal conforms
to the following applicable criteria:
Criteria 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, Springfield Transportation System Plan
(including the Conceptual Street Map), adopted Functional Plans, and applicable Refinement Plan
diagram, Plan District map, or Conceptual Development Plan;
Finding 7: The subject site and surrounding parcels are designated Residential on the Metro Plan, which is
consistent with the City’s Zoning Map and the policies of the City’s current Transportation System Plan. No
changes of zoning or Metro Plan designation occur from vacation of the unimproved right-of-way.
Finding 8: Vacation of the unimproved portion of public right-of-way would make the remaining ROW
consistent with adjacent properties and the City’s Conceptual Street Map and Standards, which implements
the policies of the City’s current Transportation System Plan. The vacation will result in a ROW width that
meets the current standards listed in SDC Section 4.2-105 for public streets.
Finding 9: The portion of the unimproved ROW and the abutting private property are not located in any
Refinement Plan so there are no additional standards to conform to for this specific neighborhood.
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
Finding 10: The proposed vacation will remove a portion of unimproved public ROW (with an area of
approximately 1,500 square feet) abutting private property located just southwest of 5409 Ivy Street. The
portion includes the area located behind the existing northern sidewalk to the current property lines for 5409
Ivy Street.
Finding 11: Both South 55th and Ivy Streets are categorized as a local public street within the City’s
transportation system and must meet the minimum street right-of-way and curb-to-curb standards listed in
SDC Table 4.2-1. If vacated, the public ROW along both South 55th and Ivy Streets will then be consistent
and provide uniformity with the adjacent parcels.
Finding 12: If vacated, this portion of public ROW will be returned to the abutting property owner located
at 5409 Ivy Street. There are no additional conflicts with street connectivity and block lengths since the
portion of ROW proposed for vacation is mid-block and unimproved.
Finding 13: As per Springfield Municipal Code (SMC) Section 3.206, all vacation ordinances shall contain
the following statement: “Nothing herein contained shall cause or require the removal of, or the
abandonment of any sewer, water main, gas main, conduit of any kind, direct-buried cable, wire, pole or
thing used or intended to be used for any public service. The right is hereby reserved for the owner of any
such utility or thing to maintain, continue, repair, reconstruct, renew, replace, rebuild, and enlarge any and
all such things.” [Section 3.206 amended by Ordinance No. 5891, enacted May 18, 1998.] Section 4 of the
proposed Ordinance contains provisions satisfying this Municipal Code provision, a standard Public Utility
Exhibit B, Page 4 of 6
Attachment 1, Page 7 of 9
Page 5 of 6
Easement is also recommended under Criterion 3, below, for additional public record of the protections for
existing and future public utilities.
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.
Finding 14: The proposed vacation of a portion of unimproved public road right-of-way does not have a
negative effect on the subject site or adjacent properties because there are no off-site changes to existing
access, emergency response, and traffic circulation.
Finding 15: Street-side public utilities were installed within the public ROW during the original subdivision
process, and therefore did not require standard public utility easements (PUEs). Standard 7-foot wide PUEs
are required for ongoing protection and maintenance of utilities as per SDC 4.3-104.A.
Recommended Condition of Approval: The applicant and property owner of 5409 Ivy Street, Bruce
Hamovitz, must execute and record a standard 7-foot wide public utility easement (PUE) for the existing
utilities. The easement shall be filed with approved vacation documents and revised deed descriptions at the
Lane County Office of Deeds and Records.
Conclusion: The above findings lead to the conclusion that the proposal meets the above criteria for vacation of
public right-of-way, based upon compliance with the criteria.
DPW Director Recommendation: Upon reviewing the ROW vacation request and determining that all applicable
criteria are met in accordance with SDC 5.20-130, the Director recommends approval of the vacation application by
City Council with the Recommended Condition of Approval listed above.
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).
On May 3, 2021, the City Council will conduct a Public Hearing and give first reading of the Vacation Ordinance
(see Attachment #1). Based on the staff analysis and recommendations, and on testimony provided at the Public
Hearing, the City Council may choose to adopt the draft Ordinance included in this packet at the next regular
scheduled meeting on May 17, 2021. The Council may order modifications to the attached Ordinance in consideration
of evidence in the record.
Waiver of Special Assessment of Benefit (SMC Section 3.204(3)): City Council waiver of the special assessment
of benefit for a vacation area, pursuant to Section 3.204(3) of the Municipal Code, can be done by adoption of a
Resolution. If approved, Staff observes that the proposed portion of the public ROW would be vacated, and it would
be incorporated as part of private property located at 5409 Ivy Street.
City staff determined there is limited financial impact on the City as the City did not incur any acquisition costs when
the right-of-way was initially dedicated in Hayden Homes’ Pinehurst-Phase 1 Subdivision Plat. Staff recommends
City Council consider the waiver process under the City’s Municipal Code for determining the special benefit (SMC
3.204). Staff prepared a draft Resolution to that effect for consideration concurrently with Second Reading procedures
of this request at a future Regular Session.
Exhibit B, Page 5 of 6
Attachment 1, Page 8 of 9
Page 6 of 6
EXHIBIT A: Site Overview
EXHIBIT B: 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." w hich 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 B, Page 6 of 6
Attachment 1, Page 9 of 9
Attachment 2, Page 1 of 7
Attachment 2, Page 2 of 7
Attachment 2, Page 3 of 7
Attachment 2, Page 4 of 7
Springfield City Council,
In August 2020, my wife, Anita, and I purchased the property at 5409 Ivy Street. The property was in
foreclosure and was sold “as is”. Coming from Eugene, we had been looking for a place that we could
remodel into our dream home. After looking at this property and reviewing our budget, we took the
plunge.
We hired Ellis Design Group to help us plan the renovations, which include converting the 900 square
foot garage into living space, a stand‐alone garage/shop West of the house, and a 12 foot expansion of
the living room. We also plan to do many upgrades of the existing house, paved driveway, landscaping
and a new retaining wall by the street.
Unknown to us, the property line did not extend to the sidewalk. A property description was included
with the title, but we never thought to hire a surveyor to explain the details. That was our mistake.
After a preliminary meeting with representatives of the city, we learned that when the previous owner,
Barbara Parmenter, had sold the surrounding land to Hayden Homes, she kept this house on a
rectangular lot. When Hayden Homes built the street, it created a wedge of land between the street
and our home that is designated a Right of Way. We would like to acquire this wedge of land.
Otherwise, we will not have the required space, with setbacks, to build the garage/shop, and our plans
for this home will be severely hampered.
I believe we have met all criteria from Springfield Development Code 5.20‐130
A. Vacation of public utility easement: does not apply
B. Vacation of public rights‐of‐way
1. The Vacation is in conformance with the Metro Plan, Springfield Transportation System Plan
and adopted Functional Plans and all other plans.
2. The Vacation does not conflict with the provisions of Springfield Municipal Code, 1997.
3. There will be no negative effects on access, traffic circulation, emergency service protection
or any other benefit derived from the public right‐of‐way.
C. The City Council may approve the Vacation application if it is found to be consistent with the
following criteria:
1. Vacation to be initiated by the City Council
2. Notice has been given pursuant to ORS 271.110
3. Approval to be consistent with provision for safe, convenient and reasonably direct routes
for cyclists, pedestrians and vehicles.
4. A greater public benefit would be obtained from the vacation.
‐ With the improvements we are planning for this property, it will become an attractive
addition to the neighborhood, rather than a hazard and eyesore.
5. Provisions to ensure vacated property will remain in public ownership: does not apply
Thank you for your time and attention to this request.
Sincerely,
Bruce Hamovitz
Attachment 2, Page 5 of 7
Attachment 2, Page 6 of 7
Attachment 2, Page 7 of 7
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
4/1/2021
2021-13
5th April 2021
5 0 (1 Absent - Woodrow)
Attachment 3, Page 1 of 2
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 3, Page 2 of 2Attachment 3, Page 2 of 2