HomeMy WebLinkAboutOrdinance 5719 02/07/1994
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ORDINANCE NO.
--2L19
AN ORDINANCE VACATING A 14 FOOT SANITARY SEWER EASEMENT, LANE
COUNTY OREGON PLAT RECORDS; AND DECLARING AN EMERGENCY.
WHEREAS, the Springfield City Council has declared its intention to vacate a 14 foot
sanitary sewer easement, in the RAILROAD ADDITION TO SPRINGFIELD as platted and
recorded in Book 7, Page 17, Lane County Oregon Plat Records, in the City of Springfield, as
attached; and
WHEREAS, such vacation is in the best interest of the City in carrying outits 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 7th day of February, 1994, 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 -L objections were made at the vacation hearing held; that the public
interest will not be impaired by the vacation of this sanitary sewer easement, and that
vacation of said easement will be in the best interest of the public and increase the benefit
of the property involved.
Section 2: The following described easement to be vacated:
BEGINNING AT THE SOUTHWEST CORNER OF RAILROAD ADDITION TO SPRINGFIELD AS
c:.c PLATTED AND RECORDED IN BOOK 7, PAGE 17, LANE COUNTY OREGON PLAT RECORDS;
THENCE ALONG THE SOUTH LINE OF SAID PLAT NORTH 890 59'00" EAST 597.30 FEET;
THENCE NORTH 00001 '00" WEST 8.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID
EASEMENT; THENCE NORTH 890 59'00" EAST 1182.00 FEET TO THE ENDING POINT OF
SAID EASEMENT IN SECTION 36, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE
WILLAMETTE MERIDIAN IN SPRINGFIELD, LANE COUNTY, OREGON.
Section 3: The findings in the attached staff report (Jo. No. 93-12-198) are hereby
made part of this ordinance by reference.
Section 4: Rosboro Lumber Company and its heirs, successors and assigns shall
maintain the sanitary sewer line located in said easement as a private sewer line at its
expense.
Section 5: Rosboro Lumber Company and its heirs, successors and assigns in
consideration for this vacation by the City hereby accepts the sanitary sewer line located in
this easement in an "as is" condition and further agrees that City has made no warranties or
representation with respect to the condition of said sewer line.
ORDINANCE
Page 1
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Section 6: It is hereby found and declared that matters pertaining to the vacation of
public utility easement are matters effecting public health, safety, welfare of the City of
Springfield and that this ordinance shall, therefore, take into effect immediately upon its
passage by Council and approval by the Mayor.
Section 7: 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 this 7th day of February,
1994, by a vote of ---5- for and -1L against.
APPROVED by the Mayor of the City of Springfield this 7th day of February, 1994.
ATTEST:
I Eileen Stein ,being first duly sworn, say that Bill Morrisette
signed this ordinance with his name thereto in my presence. Subscribed and
sworn to before me this 7th day of February, 1994.
Mayor
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City Recorder ,~--
and Notary Public
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My commission expires
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ORDINANCE .2Z..19
Page 2
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,Attachment A
VACATION REQUEST
STAFF REPORT AND FINDINGS
APPLICANT:
Rosboro Lumber Company - Jo.No. 93-12-198
REQUEST:
The applicant is requesting vacation of a 14 foot sanitary sewer easement.
DISCUSSION:
The 14 foot sanitary sewer easement runs through the alley between South "A"
Street and the Rosboro facility, Map number 17-03-36-42, Tax Lots: 6100, 6200,
6300, 6400, 6500, 6600. The applicant has submitted plans to the Building
Division to construct an expansion of the existing plywood mill on the property
which would encroach into the easement. The location of this easement makes
this expansion impossible because buildings can not be constructed over
easements. No utilities other than a sanitary sewer line are located within this
easement. The existing 8 inch sanitary sewer line only serves Rosboro and will be
maintained in the future by Rosboro.
SPRINGFIELD DEVELOPMENT CODE CRITERIA
Section 9.030 of the Springfield Development Code established vacation criteria
that must be met in order to approve this 'request. The following findings address
each of the criteria:
(1) THE VACATION IS IN CONFORMANCE WITH THE METRO PLAN INCLUDING
ADOPTED STREET PLANS AND OR CONCEPTUAL PLANS;
The Metropolitan Plan is a general plan that does not specifically discuss vacation
of a public utility easement. This vacation request is consistent with the Metro
Plan text regarding the provision for key urban services. The vacation does not
effect the provision of key urban services for this site or adjacent property.
Rosboro has agreed to service the existing sewer line as a private line. All other
utility providers have indicated that they do not have any plans to locate any utility
in the existing easement.
(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.
There are no identified negative effects on future access or circulation resulting
from this sanitary sewer easement vacation. The vacation will have no negative
effects on access, traffic circulation, emergency service protection or any other
public benefit derived from the present status of this property.
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Page 2
Jo. No. 93-12-198
The vacation of the 14 sanitary sewer easement will not effect the provision of
utilities to this parcel or any adjacent properties.
CONCLUSION:
The request to vacate this 14 foot sanitary sewer easement is consistent with the
criteria of section 9.030 of the Springfield Development Code. All requirements of
ORS 271.080 have been completed and legal notice of the public hearing for this
request has been provided.
ACTION REQUESTED:
Approve the Vacation request by motion and sign the attached Ordinance.
;~ap._No. 17-03-36-42, Attachment B
:'Tax Lots: 6100, 6200, 6300, 640q, 6500, 6600
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