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HomeMy WebLinkAboutOrdinance APPLICANT 8/15/2007 i'!,_C .' After recording reo ".:n to: The City of ;"Spring 'ld Recorder's Office 225 Fifth Street Springfield, OR 97477 ;....'\. ,-II,. -,--oL:-_ ORDINANCE NO. 6057 (SPECIAL) Ai'l ORDINANCE V ACA TING A PORTION OF 69th STREET IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON Whereas, the Springfield Common Council has declared its intention to vacate a portion of 69th' Street in the City of Springfield; and' . WHEREAS, the application for right-of-way vacation was submitted in conformance with the provisions ofORS 271.080 et. seq., and with the provisions of Article 9 VACATIONS of the Springfield Development Code; and . WHEREAS, the Springfield Planning Commission conducted a public hearing on this proposed vacation on May 20,2003, and the testimony, fmdings and conclusions of that meeting have been' considered by the City Council; and ' WHEREAS, the findings and testimony submitted by the applicant and those in support of this right-of-way vacation satisfy the criteria of approval for vacations found in Section 9.030 of the Springfield Development Code; aild 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 Common Councii met in Council Chambers, at 225 Fifth Street, on Monday, the 16th day of June, 2003 (First Reading) and on July 7, 2003 (Second Reading), at the hour of 7 :00 p.m., to hear any obj ections 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; J:hat the public interest will not be 'impaired by the vacation of this public right-of-way, and that vacation of said right-of-way will be in the best interest of the pUlJlic and increase the benefit of the property involved. Section 2: The public right of way in the City of Springfield, as described in Attachment A of this Ordinance, is declared to be vacated. ' Section 3: The fmdings adopted by the City Council in support of this right-of-way vacation, are hereby made part of this ordinance by reference. - 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. Division of Chief Depuly Clerk Lane Counly Deeds and Records I """111111111""1111111"" 11111111/111/ '0~090132v0301054~60030036 . 10/28/2003 10:01:38 AM RPR-ORDN Cnl=1 Sln=7 CASHIER 07 $15.00 $11.00 ~~~J.l~5~JD $26,00 I7-D2-">,C;-'.L page 1 '. Section ~: JQis..rigl1.t~()f~Y!'!'l(vaca,tion. iss1,lbje~t to .~deJ(pli~itly .reserve~ell:Se,II!~l1t!ig~tsf()Ian.Y ex:isting.sewer,;\\'ater main, gas main, conduit of any kin,d, pole, structure, or thing used for or in~ended forpublicuiliities'or pUblic'sef\;-ice:tIi.eowner o(anysuch utiIiiY or thing is hereby reserved the right to access, maintain, continue, repair, reconstruct;.renew, repl~ce, rebuild and enlarge any and all existing facilities, . Section 6: It is further a condition of this vacation 'that nothing herein contained shall cause or require the removal or abandonment of any sewer, water main, gas main, conduit or any kind, pole or thing used or intended for any public service. The right is hereby reserved for the owner of any such utility or thing to access, maintain, continue, repair, reconstruct, renew, replace, rebuild and enlarge any and all such things under existing or future easements. ADOPTED by the Common Council of the City of Springfield this 7th day of July, 2003 by a vote of 5 for and ~ against. ' APPROVED by the Mayor of the City of Springfield this 7th:. Gay of July, 2003. ~.AA- xinuU'- City Rec#rder .~ \ ---.JCl!. ,> --<<- : ray~rtJ , State 'of Oregon ) I ) ss. County of Lane ) ATTEST: -'--I .'::r't Q, f\('''''~~'''':\I'-') This instrument was. ac~nowledged be for. me on. .::fuLu '7 \ #f) 0.3. by S ltlnJ' t.-I W(J t..e.11Cl.1'\.. a~ ~~{)V of~"1\5fl I ~-." . ~~''El'~~';~ \'\-J'>\~ M<>-'I. "", .~~1. ; ~- "',".TfrJf{!\tc"',' ~. q JrTw 1J- NOTARY PUBLIC,~OR OREGON My commission expires': II-,}-J :2{JD~ '1----------------- - --,,, , . OFFICIAL SEAL , . AMY L SOWA' I " '- / NOTARY PUBLIC OREGON I ".. ./ COMMISSION NO. 352109 .i MV COMMISSION EXPIRES NOV. 22 2000 : "=~--;'"~':"'''"''::5:~..-;.-:---::-;;- ':".=._._;_:,: ~,:::j, After recording return to: The City of Springfield Recorders Office, 225 Fifth Street, Springfield, OR 97477. ORDINANCE Page 2 " -~:>"""t'.;t~~''''~:- """~ r~';E'-~'."'~' ,..' . , ",. ATTACHMENT A LEGAL DESCRIPTION FOR STREET. VACATION A PORTION OF 69m STREET BETWEEN McKENZIE HWY AND "A" STREET , . Beginning at the Northeast corner of Lot 22 of Villanova Subdivision, as platted and recorded at Page 13, of Volume 16, Lane County Oregon Plat Records, which is the Northeast corner of that tract ofland described ill a deed from David Allen Andersen and Narda Elaine Anderson to Kenneth L Harwell and Beverly J. Harwell, recorded for publiC record May 14, 1979 in Reel 993 R, at Reception No. 7927820, Official Records of Lane County Orego~; thence South 890 44' 00" East 35,00 feet on a Easterly prolongation of the Southe~ly right of way or' "A" Street to a point on the Westerly line ofaRelinquishrnent Of Title, from the Sate of Oregon to the City of Springfield, recorded for public record October 30, 1968 on Reel 413R at Reception No. 43612, Lane County Oregon Official Records (an easement for drainage and "public purposes"); thence South a distance of 12.22 feet t~ a poirit; thence South 190 41' 36" East a distance 001.17 feet to a point; thence South 050 56' 08" Easi a distance 000.81 feet to a point; thence South 13 o. 58' 56" East a distance 004.07 feet to a point; thence South 69055' 28" West a distance of6.48 feet to a point; thence South 140 II' 54" East a distance of 41.79 feet to a point; thence North .71" 01' 57" East a distance' of6.74 feet to a point; thence South 180 39' 02" East a distance of 42.30 feet to a point; thence South 01" 06' 36" East a distance of 55.3 I feetto a point; thence South 03041' 31" West a distance of37.30 feet to'a point; thence.with a non-tangent curve turning to the right, with an arc length of39.09 feet, with a radius ot33.73 feet, with a chord bearing of South 57" 16' 55" West, with a chord length of 36.94 feet to a point, thence North 890 31', 12" West a distance of 13.58.feet to a point; thence South a distance of 2.82 feet to a point on . , . . the Northerly right of way of McKenzie Highway (Main Street); thence along the Northerly margin of McKenzie Hiihway, North 890 44' 00" West 35.00 feet to the Southeast comer of Lot 10 of Villanova Subdivision and the Southeast comer of that tract of land described in a deed from James R. Calloway, Ronald R Saunders and Robert A. Poppen to Gibson & Gibson, a partne'rship, recorded for public record August 17, 1977 in Reel 860 R, at Reception No. 7751903, Official Records of Lane County Oregon; thence North 30LlO feet, measured (300.00 feet, plat) along the Easterly line of Lot 10 and Lot 22 of said Villanova Subdivision, to the point of beginning; in Lane County, Oregon, containing 19,046 square feet'IDore or less. Basis of Bearing is the East line of the Villanova Subdivision, Deed of Relinquishment Right of Way Files 6649-001, 6649-002 6649-003,6649-004, 6649-007 & 6649-008 A&R No, 704 28th St. - 69th St. (Springfield) Section McKenzie Highway , Deed of Relinquishment Misc. Contracts & Agreements No, 14,730 Lane County, Oregon In order to complete the terms of Agreement No. 14,730, dated November 21, 1996, between the STATE OF OREGON, by and through its Department ofTransportation, hereafter called "State' . - . I and City of Springfield, a municipal corporation of the State of Oregon, by and through its City Officials, hereinafter called "City'. State does hereby relinquish unto City its right, title and interest in the connecting streets or portions thereof as provided,for in said agreement, BUT ONLY SO LONG AS USED FORPUSLlC ROAD PURPCl8.ES...The area being relinquished is described'in' ihe1ega'i'descrlptlon 1inaaccompanyin'ii'map; marked EXhibit "N and Exhibit "B', attached hereto and by this reference made a part hereof. The Oregon Transportation Commission, by a duly adopted Delegation Order #3;dated.March 18, 1999. and Sub-delegation Order #4, dated March 18,1999, and Letter of Authority 'paragraph #13, dated January 18, 1999, authorize the Right of Way Manager to sign this Relinquishment for and on behalf of the Commission. S: J2:~,~;?~~ 'D n , - J . RoM pM M eOlllll.AO V. t ,ast:? It,;..:; 0 ..3)' :1.Vlager . . 1?p.>""'~RI,*" r'jFd:,":'~4r",'V,Jk:6e Date: "7 /~/ n f , STATE OF OREGON, County of Marion Dated . 0~ ?iJ . ,2001. Personally appeared Deolinda G. Jones, who being sworn, . 'stated tha~he i~e Right of Way Manager for the State of Oregon, Department of Transportation, and that this document accurately ,reflects action taken by:th~, n Transporla' n C~'s~ion. Before me: ': (' . OFACIAlSEAL, . _____ . - " DALE R. SHAFER Notary Public for Oregon ' . - NOTARYpUBUC.QREGON . , 10. ~ COMMISSION NO. 326719 .., . MY COMMISSION EXPIRES NOV. 1,2003 My Comm:sston exp'res / f If S 7-25-01 RETURN TO OREGON DEPARTMENT OF TRANSPORTATION RIGHT OF WAY SECTION 355 CAPITOL STREET NE, ROOM 420 SALEM OR 97301-3871 I -r'A.>c .;,."TA"'T'emet...tT -;o~ 225 FRh $+. Sp,-,n9+;'e1c9- I cfl.. Cfl4'1"7 Division of Chief Depuly Clerk ~001.066500 Lane Counly Deeds and Records , 111111111' 1111111 ,111111111111111 $51.00 ,)0..2,)958.<JJI0,)S..;;""",)SJ0__9 /08/2001 " , . . I. W ~,~.~~ RPR-DEED Cnl=1 Sln=S CASHIER 07 $30.00 $11.00 $10.00 ~ 22.2';;': \.;''''''''':11..;'........''''......'''/. '\. t(,....l-."l-.."~>V',. - ' Right of Way Files 6649-001, 6649-002 6649-003, 6649-004, 6649.007 & E>?;4i:l-008 A&R No, 704 ,,28th St. - 69th St. (Springfield) Section . McKenzie Highway Deed of Relinquishment Misc. Contracts & Agreements No. 14,730 . Lane County, Oregon. Title as hereinabove relinquished and as shown on accompanying legal description and map, Exhibit 'N 'and Exhibit'S", is hereby accepted by City of Springfield as cOmpletion of said agreement between State and City dated November 21, 1996. City of Springfield, bljan , gh its ~ . o\C->)-./ ' ~ - --' Mayor/. ~,. , . Da~ (/, '. . 'I S~~ . Recorder ) 7-25-01 Page 2 - Deed of Relinquishment blr - ~\GHi OF WAY ADMINISTRATION RECEIVED OCT 11 2001 EXHIBIT A . File 6649001C 28th St. - 69th St. (Springfield) Section McKenzie Highway Lane County Drg. No. 10B-10-13 AFD 6/21/2000 D.O. T. To Be Transferred to the City of Springfield A parcel of land lying in the SW';'of Section 35, Township 17 South, Range 2 West, W.M., Lane County, Oregon and being a portion of that property described in that deed to the State of Oregon by and through its Department of Transportation, recorded on Reel 2274R, Instrument No. 9717604 of Lane County Official Records; the said parcel being that portion of said property lying Southerly:of the following described line: ' I Beginning at a point opposite and 17.250 mlj!ters Southerly of Engineer's Station 10+315.837 on the center line of the relocated McKenzie Highway; thence Southeasterly in a straight line to a point opp'osite and 29.506 met~rs Southerly of Engineer's Station 10+328.093 on said center line; thence Easterly in a straight line to a point opposite and 24.371 meters Southerly of Engineer's Station 10+346,381 on said center line; thence Northeasterly in a straight line to a point opposite a~d 12.192 meters Southerly of ' Engineer's 10+358.560 on said center line. . . EXCEPT then3from that property described in that deed to Richard A.' Campbell and Vera Jean Campbell, recorded on Reel 2410R, Instrument No. 9829167 of Lane . t County Official Records. . , ALSO that property designated as Parcel 1 ,and described in that deed t9 the State of Oregon, by and through its Department of, Transportation, recorded on Reel . 2410R, Instrument No, 9829164 of Lane County Official Records, ALSO that property designated as Parcel 1 ~and described in that deed to the State of Oregon, by and through its Department of, Transportation, recorded on Reel 2334R, Instrument No. 9761806 of Lane County Official Records. . (Continued on Page 2)' , ,. '~l .) '. "...._ EXHIBIT A Continued - Page 3 File 6649001C . ALSO that property designated as Parcel 1 and described in that deed to the State of Oregon, by and through its Department of Transportation, recorded on Reel 2334R, Instrument No. 9761804 of Lane County Official Records. ALSO that property designated as Parcel 2 and Parcel 5 and described in that deed to the State of Oregon, by and through its Department of Transportation, recorded on Reel 2353R, Instrumen~ No. 9775735 of Lane County Official Records. ALSO that property described in that deed to the State of Oregon, by and through its Department o~ Transportation, recorded on Reel 2493R, Instrument No. 9899008 of Lane County"Official Records. . The center line of the relocated McKenzie Highway referred to herein is described as follows: Beginning at Engineer's center line Station 10+170, said station being.11.445 meters South and 666.226 meters West of the Northeast corner of the Thomas J. Maenad D. L C. No. 44, Township 17 South, Range 2 West, W.M., Lane County, ' Oregon; thence South 880 08' 22" East 342 meters to Engineer's center line Station 10+512. ' Bearings are based upon the Oregon Coordinate System of 1983, south zone. The parcels of land to which this description applies contain 5241 square meters, more or less. ' NOTE: I I. .,', AREA BREAKDOWN: .' , 6649001 - 1246 square meters, more or less, 6649002 - 1625 square metets, more or less, 6649003 - 110 square meters, more or less. 6649004 - 226 square meters, more or less. 6649007 - 2003 square meters, more or less. 6649008 - 31 square meters, ,more or less. These parce,ls lie within the SWY.. of Section 35', Township 17 South, Range 2 West, WM. This property description is written using the metric system. 1+000,000 Station = 1000 meters = 3,280.84 feet 1 meter = 3.2808 feet ' 100 meters = 328.08 feet 1 square meter = 10.7639 square feet 1 he<:tare = 2.47105 acres 6649001 - 1246 square meters = 13,412 square feet, more or less. I 6649002 - 1625 square meters = 17,491 square feet, more or less. . . . 6649003 - 110 square meters,= 1,184 square feet, more or less, 6649004 - 226 square meters,= 2,433 square feet, more or less. 6649007 - 2003 square meters = 21,560 square feet, more or less. 6649008 - 31 square meters = 334 square feet, more or less, ~ /-I-UO) I,VU-vU-UOr;.c.I-\Lfnurr;;:,,,,, 'M^ull"'\l~I"IL:.''\I1 LANE COUNTY. ..-; E. EIGHTH AVE. . EUGENE, OR 0"401. (54!) 682-4321 ACCOUNT NUMBER 0141026 SITUS ADDRESS: 6898 MAIN ST SPRINGFIELD PROP: 201 TCA: 01900 ACRES: 0.84 MAP: 17 02 35 32 05317 GIBSON & GIBSON 668 GREENWOOD sT JUNCTION CITY OR 97448 VALUES: 1ARKE'f VALUES LAND: IMPROVEMENT: TOTAL: ~5 SPECIALLY ASSESSED VALUE: ~5 REAL MKT VALUE: ,SSESSED VALUE: :XEMPTIONS: , NET TAXABLE: LAST YEAR 219,530 117,700 397,230 o 397,230 261,767 O. 261.767 MORTGAGE CO: LOAN #: T.HIS YEAR 270.020 L~6,S/O 526.S90 O. 526.590 293,711 o 293,711 LAST YEAR'S TAX 4,348.26 See back for explanation of taxes marked with ( . ) , CURRENT TAX BY DISTRICT CS LANE COMMUNITY COLLEGE C5 LANE EDUCATION SERVICE D1ST U 5PRINGFIELD SCHOOL DISTRICT EDUCATION TOTALS: C~ CITY OF SPRINGFIELD C5 LANE COUNTY CS WILLAMALANE PARK & REC DIST C5 WILLAMALANE PARK & REC GAPBOND CITY OF SPRINGFIELD - LO FIRE CITY OF SPRINGFIELD.- LO POLICE GLENWOOD URBAN RENEWAL DISTRICT GENERAL GOVERNMENT TOTAL5: C5 CITY OF SPRINGFIELD BOND C5 LANE COMMUNITY COLLEGE BOND CS LANE COUNTY BOND' CS WILLAMALANE PARK & REC BOND U SPRINGFIELD SD BOND BONDS - OTHER TOTALS: , . 181.4~ 65.4' 1363.1; 1610.0l 1389.3( 374.3l 578.3' 5.1; 105,7' 193.8! 6. O~ 2652,8( 101.8l 76. 8~ 38.0' 98.1( 251. 5' 566,41 If a mortgage company pays your taxes, CONTROL NO. This statement Is for your records only. 115.742 Full Payment with 2/3 Payment with 1/3 Payment 2005-2006 TAXES BEFORE DISCOUNT 3% Discount 2% Discount No Discount 4,684.52 3,155.21. 1;609.80 d.Jf> (l;I>N -( . ..' (0 L ~q~- S' ~'-f< 4,829.4( TOTAL TAX (After Discount) . 4,684.5: . ,.7:'~::::-,"~::",:.',.,-,:-:-"".;:-;:,: -:"-.'-:,','~,-""r'_ '.I~f%p;'3- D,D.06.5." 7(.::; po,. IV )),l;c.A 'l'L ~l:I'j7 1~ >.j N 10 '7'~ '" ,- 1~ ~""K{ t. (<fJ S-r J.e,' L ']}Z.... I S(..D I-L- ~