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HomeMy WebLinkAboutResolution 2024-09 CITY OF SPRINGFIELD, OREGON RESOLUTION NO. 2024-09 A RESOLUTION INITIATING THE VACATION OF A 60-FOOT WIDE BY 266.61-FEET LONG RIGHT OF WAY KNOWN AS IVY STREET (18-02-04-00-00308) WHEREAS, the City of Springfield acquired a Street Deed, Recorded on January 5, 1979, Recorders Reception Number # 964R/79-00757, Lane County Record, creating a limited or qualified fee interest and a publicly dedicated right of way for a 60-foot wide by 266.61-feet long parcel of land known as Ivy street, shown on Tax Assessor's Map 18-02-04-00 as Tax Lot 00308, located in Lane County as described in the attached said deed, See Exhibit A; WHEREAS, said street deed was acquired from James D. & Barbara K. Parmenter for the purposes of an east-west roadway in a future addition to Royal Ridge Subdivision, and may be vacated if a different alignment is proposed that satisfies the City of Springfield; and WHEREAS, the Springfield City received a bona fide offer on April 15, 2024 from Hayden Homes to acquire the property in exchange for realigning said a 60-foot wide by 266.61-feet long Ivy Street from an east-west direction to a north south direction, and to extend Pinehurst and Holly Streets west to connect to future Phases 7 and 8 of Woodland Ridge Subdivision; and WHEREAS, the Public Works Director is satisfied with the realignment and the exchange for additional right of way; and WHEREAS, the exchange requires that the public right of way is vacated before the land can be divested and exchanged for a new street alignment; and WHEREAS, pursuant to Oregon Revised Statutes (ORS) 271.130, 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; and WHEREAS, City staff has recommended initiation of this right-of-way vacation for the purposes of realigning the street from an east-west direction to a north-south direction, including additional right of way connection. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: Section 1: The City Council hereby initiates the vacation of public right-of-way as more particularly described and set forth in Exhibits A and B attached hereto. Section 2: This Resolution will take effect upon adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield thisl5th day of April 2024 by a vote of 6 for and 0 against. ATTEST: City Recorder, Interim REVIEWED&APPROVED AS TO FORM Ky'i yIvt,Kraa5 DATE: 4-1 5-24 SPRINGFIELD CITY ATTORNEY'S OFFICE Resolution No.2024-09 7900757 Exhibit A Page 1 Qf2--- SfRE.'Er DEED i KNOW ALl, KEN BY TU.Stl PRESENTS: 'Shot ©-I5d James D. & Barbara K. Parmenter hal/C bargained and sold., and by these presenLs do_ grant., bargain, sell and convey unto said city of Sj7Iingf: eld., its auGcessors and assigns, all of the following hounded and described real property, situated in the County of Lane. i and State of Oregon, to be used for street purposes. 60.00 Foot Roadway Dedication (Royal Pidgc) l „;st: 1489 feet from 1,1�1e East 1 fycg7.nning at a point being North 9-2 b3.38 feet and ,,c Southeast corner of the Ii. Hixon Donation Land Claim No. 47, in Township 18 'South, Range ' West of Lhe P'Till-anle tc T. e id an; thence bast 266.61 feet; LhellC SOUlt11 feet; thence [Vest 236.51 feet; t.hc.lw,x Forth 60.0 feet do the PeinL of Rer;Lnnii g, D', Lane County, Oregon. k d The above description is the approximate location of an east-west roadway to y be platted in a future addition to Royal Ridge Subdivision. The land herein dedicated for roadway purposes contains part of an existing residential access road . If at the time of future platting a different alignment is proposed that satisfies the City of Springfield, the above roadway relay be vacated by petition y to the City Council . 4' 1 i 1 A o UY , I I The true sod actual consideration for this transfer is Together with ail and singular the tenements, hereditamunts, and appurtenances thereunto belonging in anywt.:.ee appertaining, and also all our estate right, title and interest, in and to the same, a TO HAVE AIM TO Hoid}, the above described and granted premises unto the said City of .`.pf'd,+ its succe.ssars and assigns forever. The foregoing recital of consideration is true as I verily believe, i IN WITNESS WHEREOF, Awl _ the grantor above named hereunto set �`�hand aexi seal this rr y day of a STATE OF OREGON, COUN'lY 01F LANE:, ss: ,,., On this ,1� Y a t �, day of i�ft r.vrryrk,�C`4, lv � � _ , personally came before me, a Notary Public in and for , c ° said County, thqnNAphtn named k ✓ u . i 'J F CAFi �� to n t R,h,d+.. a1sR^fa f el w s o aj the identical p rsoa descr thcd i�q , w , e t d the within ioatryneut, and atr ue. ti ,, t aye,' di executed the �� oa 45' �? m o p same frye p;y ddR4r�,vrI.unC,z�L„'1`y for the uses and purposes > 6 C>a m P there(" lrrl.R1ss.4. �' h �tib`"`� - rJ �`a uw 9 Owe '.7 11 p WI rhE��,"ftlx,�or7M�i pike' seal this day and year last above 5 Notary Pub1 for Ore a o ';' My fommrsv i s Fxp ires: /2j `� ro o I13 Resolution No 2024-09 Exhibit A 2of2 6 �1"aR/Xd 1 DLC a►c 41 4N2't4a rz OeV, i t -'a�°,as - trq -ve.p g, 1 .red ?PC. C 70 E,.OST 07J"63m1 � 1 ZZ— 4e7- 0 0 "3 zao 0 � r ;�' ifs ;• r s Resolution No.2024-09 Exhibit B Page 1 of 1 LEGAL DESCRIPTION (18-02-04-00-00308) All that land described in Street Deed Reel No. 964-R, Reception No. 79-00757,Lane County Official Record,Lane County Oregon,being described as follows: Beginning at a point being North 1253.38 feet and West 1489 feet from the East-Southeast corner of the R. Hixon Donation Land Claim No. 47,in Township 18 South,Range 2 West of the Willamette Meridian; thence East 266.61 feet; thence South 60.0 feet; thence West 266.61 feet; thence North 60.0 feet to the Point of Beginning,in Lane County Oregon. � ati Resolution No.2024-09