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HomeMy WebLinkAboutOrdinance No. 4436 ORDINANCE No. 4436 AN ORDINANCE VACATING CERTAIN PUBLIC UTILITY EASEMENTS IN MALINDA SUB- DIVISION (CasKade Swimming Pools) , IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON, AND DECLARING AN EMERGENCY. WHEREAS, the Springfield City Council previously declared its intention to vacate certain easements in the City of Springfield as described below; 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 met in the Municipal Meeting Room of the Springfield Utility Board Building, 250 North "A" Street, Springfield, Oregon, on Monday, the 7th day of April , 1980, at 7:30 p.m. , to hear any objections to the proposed vacation and -0- persons appeared to object; NOW, THEREFORE, THE SPRINGFIELD CITY COUNCIL DOES ORDAIN: Section 1 : The Council finds that legal notice of the hearing was lawfully published and posted; that -O- objections were made to the easement vacation at the hearing held; that the public interest. will not be impaired by the vacation; and that the easement vacation will be to the best interest of the public and increase the benefit of the property involved. Section 2: The following described public utility easements in the City of Springfield are declared to be vacated: Public UtilitW Easement in Malinda Subdivision (CasKade Swimming_ Pools) . The 3 foot wide public utility easement adjoining the South line of Lot 47, Malinda Subdivision, as platted and recorded in File 72, Slide 35, Lane County Plat Records, in Lane County, Oregon. Section 3: It is a further condition of this vacation that nothing con- tained in this ordinance shall cause or require the removal or the abandonment of any sewer, water main, gas main, conduit, or device used or intended for any public service, except by mutual agreement between the agency holding such right and the property owners in whom the title to the vacated property shall vest. Section 4: The City Recorder is directed to file certified copies of this ordinance with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor. Section 5: It is hereby found and determined by the Common Council that matters pertaining to the vacation of public easements are matters affecting the public health, safety and welfare, and that an emergency therefore exists, and that this ordinance shall therefore take effect immediately upon its passage by the Council and approval by the Mayor. Ordinance No. 4436 Page 2 ADOPTED by the Common Council of the City of Springfield this 7th day of April, 1980, by a vote of -5- _ for and -0- against. Mayor ~ ATTEST: 4-�w City Recorder