HomeMy WebLinkAboutOrdinance 5717 12/06/1993
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ORDINANCE NO,
5717
(SPECIAL)
AN ORDINANCE VACATING A 30-FOOT WIDE DRAINAGE FACILITY EASEMENT ALONG THE
NORTHWEST BOUNDARY OF PARCEL 2 OF PARTITION PLAT NO, 91-P0177, ASSESSOR'S MAP
17-03-22-34, TAX LOT 2700 AS RECORDED IN REEL 642R, INSTRUMENT NUMBER 7326340,
LANE COUNTY, OREGON DEED RECORDS; AND A 30-FOOT WIDE PUBLIC UTILITY EASEMENT
IN THE NORTHWEST PORTION OF PARCEL 2 OF PARTITION PLAT NO. 91-P0177, AS
RECORDED IN REEL 851R, INSTRUMENT NUMBER 7736178, LANE COUNTY, OREGON DEED
RECORDS AND DECLARING AN EMERGENCY.
WHEREAS, the Springfield City Council has declared its intention to vacate one (1) 30-foot wide
drainage facility easement and one (1) 30-foot wide public utility 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
6th day of December, 1993, at the hour of 7:00 p,m" to hear any objections to the proposed vacations
and --1L 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
---1L- 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. 93-10-163) 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 the Lane County Surveyor.
ADOPTED by the Common Council of the City of Springfield this 6th day of December, 1993.
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ATTEST:
Mayor
I, Ei 1 een Stei n , being duly sworn, say that Bill Morri sette ,
signed this document in my presence. Subscribed and sworn to me this 6th day of December,
1993.
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City Recorder and Notary Pu9l.ic
My term expires dl- /q-?!b
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COI\~MlSSIOi'J ,'10, 004('m:;
MY COMMISSIOI\l E)(Plr.~~S n:8, 19, 1995
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Exhibit A
VACATION REQUEST
STAFF REPORT AND FINDINGS
JOURNAL NUMBER
93-10-163
APPUCANT
Sycan B Corporation
REQUEST
The applicant is requesting vacation of a 30-foot wide public utility easement and a 30-foot wide drainage
easement along the northwest boundary of Parcel 2 of Partition Plat No, 91-P0177 (Assessor's Map 17-03-
22-34, Tax Lot 2700). 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 the south side of Oakdale Street, east of Gateway Street. The Metro
Plan (Gateway Refinement Plan) designation and zoning of the subject property are Medium Density
Residential (M'DR).
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 criterai 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, OR
EMERGENCY SERVICE PROTECTION; OR ANY OTHER PUBUC BENEFIT DERIVED FROM
THE EASEMENT, RIGHT OF WAY OR PLAT.
The 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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