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HomeMy WebLinkAboutOrdinance CMO 8/1/2005 .,;; ORDINANCE NO. 6139 AN ORDINANCE V ACA TING A PUBLIC EASEMENT IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON. WHEREAS, The application for vacation was submitted in conformance with the with the provisions of Section 3.050 of the Springfield Development Code; and WHEREAS, lawful notice of the proposed vacation was published and posted; and WHEREAS, the Springfield City Council met in Council Chambers at 225 Fifth Street, on Monday, the l8t11 day of July, 2005,at the hour of 7:00 p.m., to hear public testimony and comment regarding the proposed vacation; and WHEREAS, the findings and testimony submitted by the applicant and those in support of this easement vacation satisfy the criteria of approval for vacations found in Section 9.030 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; NOW THEREFORE, THE CITY COUNCIL DOES ORDAIN: Section I: The Council fmds legal notice of the hearing was duly given, lawfully published and posted; the consent of the owners of the requisite area has been obtained; public interest will not be impaired by the vacation of the easement.and the.said easement vacation will be in the interest of the public and benefit the property involved. Section 2: The public easement in the City of Springfield, as described in Exhibit A of this Ordinance, is declared to be vacated. Section 3: The findings set forth in the Staff Report dated July 8, 2005, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted in support of the vacation. Section 4: It is a further condition of this vacation that nothing herein contained shall cause or require the removal of or abandonment of any sanitary or storm sewer line, water main, gas main., maintenance/access road, conduit of 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 maintain, continue, repair, reconstruct, renew, replace, rebuild and enlarge any and all such things under existing or future easements. 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 Common Council of the City of Springfield by a vote of ~ in favor (. . and ~ against this ~ day of August . .2005. APPROVED by the Mg)t8F'=.shfilCifl6fSpringfield this 1 s t day of , - 2005. ATTEST: . <L 4d~#' / -MayeF- I Council President August ~kvu~ U City Recorder .j . -, r'\'..c:" ~""""-i'" ... _~_.~ ,,-""" ,*'- \ I. 17,~L9 ~ :: n'~ c:rrv <nORNEY ( I Ordinance No. 6139