HomeMy WebLinkAboutOrdinance 5713 10/18/1993
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ORDINANCE NO.
5713
(SPECIAL)
AN ORDINANCE VACATING A 14-FOOT WIDE PUBLIC UTILITY EASEMENT ALONG THE WEST
AND NORTH BOUNDARIES OF TAX LOT 5400, ASSESSOR'S MAP 17-02-33-31, AS RECORDED IN
REEL 922R, INSTRUMENT NUMBER 7846832, LANE COUNTY, OREGON DEED RECORDS; AND A 14-
FOOT WIDE SANITARY SEWER/STORM DRAINAGE FACILITY EASEMENT ALONG THE NORTH
BOUNDARIES OF TAX LOTS 5200 AND 5300, ASSESSOR'S MAP 17-02-33-31, AS RECORDED IN
REEL 1037R, INSTRUMENT NUMBER 7968731, LANE COUNTY, OREGON DEED RECORDS.
WHEREAS, the Springfield City Council has declared its intention to vacate a 14-foot wide
public utility easement and a 14-foot wide sanitary sewer/storm drainage facility easement in the City
of Springfield; 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 Council Chambers, at 225 Fifth Street, on
Monday, the 4th day of October, 1993, at the hour of 7:00 p.m., to hear any objections to the
proposed vacation and L persons appeared to object;
NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN:
Section 1: The Council finds that the legal notice of the hearing was lawfully published and
posted; that .D...- objections were made at the vacation hearing held; that the public interest will not
be impaired by the vacation of these easements, and that vacation of said easements will be in the
best interest of the public and increase the benefit of the property involved.
Section 2: The easements described in the attached legal descriptions, which are incorporated
herein by reference, to be vacated:
Section 3: The findings in the attached staff report (Jo. No. 93-08-127) are hereby made part
of this ordinance by reference.
Section 4: The City Recorder is directed to file the 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 this 18th day of October, 1993,
by a vote of ~ for and ~ against.
APPROVED by the Mayor of the City of Springfield this 18th day of October, 1993.
ATTEST:
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City Recorder
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OF:=!CE OF CiTY ATTORNEY
CIYV or- SP;qINGFII:LD
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PUBLIC UTILITY EASEMENT
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ATTACHMENT I
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THIS INDENTURE MADE and entered into thi s 19 day of
between Leroy and Marlene Baehm
as the Grantors, and THE CITY OF SPRINGFIELD, a municipal
.gon, hel~einafter referred to as the Grantee.
WIT N E SSE T H
May , 1978 ,by and
, hereinafter referred to
corporation, in Lane County,
In consideration of the acceptance by ,Grantee and the use or holding of said easement for
present or future public use by Grantee, Grantors hereby grant, barQain, sell and convey
, unto the Grantee, a perpetual easement feet in \1idth, together with the right to go
upon sa i d easement a rea herei na fter descri bed for the purpose of cons tructi ng, recons truct-
in9, maintaining and using public ut,ilities which may hereafter be installed on the follow-
ing described property, to-wit:
The North 14.0 feet and the West 14.0 feet of the following described parcel of land:
Beginning at a point in the center of a road North 0016' East, 262.0 feet from a point on
the North right-of-way line of the McKenzie Highway, which is North 89044' West, 562.64
feet from the intersection of the above right-of-way line with the East line of the Patrick
Gordon Donation Land Claim No. 46, in Township 17 South, Range 2 West of theWil1amette
Meridian; thence North 00161 East, 184.3 feet to the North line of said claim; thence along
said North line of claim South 89054' West, 71.22 feet; thence South 0016' West, 183.8 feet
to the center of a road; thence along the center line'of road South 89044' East, 71.22 feet
to the Point of Beginning, all in Lane County, Oregon.
EXCEPT: The South 25 feet thereof
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TO HAVE AND TO HOLD the above easement to the said Grantee. its heirs and assigns forever.
IN WITNESS, WHEREOF, the Grantors above named have hereunto set their hands and seals this
19 day of . May 19 78 . ,'~""~';';"""'" '
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BE IT REMEMBERED, that on this 19 day of May'. 19 78 . before me, the
undersigned, a Notary Public in and .for said County and State, personally appeared the
withi n named Leroy 'and Marl ene Baehm knOl'Jn to me to be the
identical i~dividual described in and who executed the within instrument and acknowledged
to me that' -rJ./ErR executed the same freely and voluntarily.
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.ESTII~ONY \.JHEREOF, I have hereunto set my hand and affi xed my offi ci a 1 sea 1 the day
~year last above written.
February 25. 1979
My Commission Expi res. ,1'00.
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7368731
E A S E H E tl T
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THIS INOEtITURE tl,AOE and entered into this 1O.-day of August
. bet\'Jeen Leroy Boehm and Marlene Boehm, husband and wife
hereinafter referred to as the Grantors, and THE CITY OF SPRI~lGFIELD.
in Lane Co~nty. Oregon. hereinafter referred to as the Grantee.
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, 19 .lY- by
a municipal corporation,
WITNESSETH: In consideration of the'acceptance by Grantee and the use of holding of said
easement for present or future public use by Grantee, Grantors, hereby gr~nt, bargain, sell
and convey unto the Grantee, a perpetual ease~ent \14 feet in width, together with the
right to go upon said ease~entarea hereinafter described for pur~cse of C0nstructin~, re-
<:onstructing. mainta'ining and using a sanitary sewer storm drai"a~e facility which may
hereafter be installed on the following described property, to-'..l1t: This description is
based on that survey for Leroy Boehm dated June 8, 1979 by Charles W. Guile and Associates:
Beginning at ~he .concrete and tack monument marking the Southwest corner of the J. Mann
Donation Land Claim No. 74, in Township 17 South, Range 2 West of the Willamett~. Meridian;
thence South 890 54' West 125.36 feet to a 5/8.inch iron rod and being the TRUE POINT OF
BEGINNING; thence continue South 890 54' West 116.00 feet 'to a point, said point being
referenced by an existing 5/8 inch iron rod South 00 14' West 0.10 feet', thence South
0' 0 .0.
o 14' West 14.00 feet; thence North 89 54' East 142.33 feet; thence North 0 16' East
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14.00 feet; thence South 89 54' West 26.34 feet to the TRUE POINT OF BEGINNING, in
Springfield, Lane County, Oregon.
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~ HA,VE Jl.ND TO HOLD the above easement to the said Grantee, its successors and assit;ns
.rever.
IN ADDITIO~ THERETO. the Grantors do hereby give and grant unto the City cf Springfield, a
construction easement of feet in width alona and abuttina the
side and for the full length-of the aforementioned'and described perpetual easement for the
purpose of giving a work area during the construction of a storm drainage facility and/or
sanitary sewer within the p~rpetual easement.
TO HAVE AND TO HOLD said construction easement unto the said City of Sprinqfield end
successors, and assigns. during the construction of the storm and/or sanitary s~wer.
construc~ion of the storm. drainage facility and/or sanitary se\>/er and its acceptance
the construction easement herein named shall become void. .'
to its
Upon the
for use,
IN WITNESS WHEREOF. the Grantors above named have hereunto set their ~ands and seals this
.3...7;'Iu d.y of d-;)r<A"-. · 19 z:L.
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VACATION REQUEST
STAFF REPORT AND FINDINGS
JOURNAL NUMBER
93-08-127
APPLICANT
Leroy Boehm
REQUEST
The applicant is requesting vacation of a 14-foot wide public utility easement along the west and north
boundaries of Tax Lot 5400 on Assessor's Map 17-02-33-31, and a 14-foot wide sanitary/storm sewer
easement along the north boundaries of Tax Lots 5200 and 5300 on Assessor's Map 17-02-33-31.
The applicant states that the reason for the request is to increase the property's buildable area.
SITE INFORMATION
The subject property is located on Leota Street, east of Chapman Lane. The Metro Plan (East Main
Refinement Plan) designation and zoning of the subject property are Medium Density Residential (MDR).
BACKGROUND
There are no utilities within the easements that are proposed for vacation. The Public Works
Department and the affected utilities have reviewed the application, and have determined that the
easements are not needed, and that vacation of these easements will have no negative effect on
service provision.
SPRINGFIELD DEVELOPMENT CODE CRITERIA
Section 9.030 of the Springfield Development Code sets forth the following criteria for approval of a
Vacation request. (Criteria appear in bold. Findings in response to the criteria appear in regular text.)
(1) THE VACATION IS IN CONFORMANCE WITH THE METRO PLAN INCLUDING ADOPTED
STREET PLANS AND OR CONCEPTUAL PLANS;
The Metropolitan Plan does not specifically address vacations of public utility easements. This
vacation request is consistent with Metro Plan text regarding the provision of key urban
services. The vacation does not affect the provision of key urban services for this site or
adjacent property.
(2) THERE ARE NO NEGATIVE EFFECTS ON ACCESS, TRAFFIC CIRCULATION, AND
EMERGENCY SERVICE PROTECTION; OR ANY OTHER PUBLIC BENEFIT DERIVED FROM THE
EASEMENT, RIGHT OF WAY OR PLAT.
This vacation will have no effect on access, traffic circulation, or emergency service protection.
The City's Public Works Department and the affected service providers have determined that
there is no need for the easements, thus no public benefit is derived from them.
CONCLUSION:
This Vacation Request is consistent with the criteria for approval set forth in Article 9, VACATIONS, of
the Springfield Development Code.
ACTION REQUESTED
Staff recommends that the City Council approve the Vacation request and sign the attached Ordinance.
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