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HomeMy WebLinkAboutOrdinance 5739 05/16/1994 , "'; . . . ORDINANCE NO. 5739 (SPECIAL) AN ORDINANCE VACATING THE NORTHERLY 2 1 /2 FEET OF A 20-FOOT WIDE SEWER TRUNK EASEMENT, AS RECORDED IN REEL 201, INSTRUMENT NUMBER 79968, LANE COUNTY, OREGON DEED RECORDS; AND THE SAME PORTION OF A COTERMINOUS 20-FOOT WIDE PUBLIC UTILITY EASEMENT THAT IS CENTERED ON THE BOUNDARY LINE COMMON TO LOTS 2 AND 3, AND ON THE BOUNDARY LINE COMMON TO LOTS 7 AND 8, MICHELLE EAST SUBDIVISION, AS PLATTED AND RECORDED IN FILE 73, SLIDE 212, LANE COUNTY, OREGON PLAT RECORDS. WHEREAS, the Springfield City Council has declared its intention to vacate a portion of a 20-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 2nd day of May, 1994, at the hour of 7:00 p.m., to hear any objections to the proposed vacation and ~ 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 0 objections were made at the vacation hearing held; that the public interest will not be impaired by the vacation of this public utility 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 portion of an easement to be vacated: The North 2.5 feet of the South 10 feet of Lot 2, Michelle East as platted and recorded in File 73, Slide 212, Lane County Oregon Plat Records in Lane County, Oregon. EXCEPT: The West 7.0 feet and the East 5.0 feet thereof. ALSO: The north 2.5 feet of the South 10.0 feet of Lot 8, Michelle East as platted and recorded in File 73, Slide 212, Lane County Oregon Plat Records in Lane County, Oregon. EXCEPT: The West 5.0 feet and the East 7.0 feet thereof. The above described parcels of land were also dedicated as a sanitary sewer easement by instrument recorded August 15, 1962 on Reel 201, Reception No. 79968. It is the intent of this document that the portion of said sanitary sewer easement recorded August 15, 1962, Reel 201, Reception No. 79968 and described above shall also be vacated. ORDINANCE 5],39 Page 1 J~' ~ , . . . Section 3: The findings in the attached staff report (Jo. No. 94-03-61) 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 lith day of May, 1994, by a vote of ~ for and ~ against. APPROVED by the Mayor of the City of Springfield this 16 th day of May. 1 J 13p/~~ Mayor I, Eil een Stei n Bill Morri sette , being duly sworn, say that , signed this document in my presence. Subscribed and sworn to me this .l6.tt\ay of Mny , 199.4... ,- '-'J ' OFFICIAL SEAL ':. FIJ ~~::."~j!:': S1i'Iil'H\l ''', ' !; NO'f,~,RVrUl3~LlC.ORl~GON ;~: cmiil:JilSSION f~O. 004878 MY COMMiSSION EXPIRES FEB. 19, 1995 City Recorder and Notary Public, My term expires 2/19/95 ~~ :'\: :~~,~ ~)\~~~) , 'r ~~~'v,~ ~~ : .-" '~-. r~~~~J \ " \~'\J_, G,::~:;G~ Ci~:CITV ATTORi\\EY C~~~~'\- ;' ~- ~~~-';~~:t\j(~:~':~~:~-~D ORDINANCE 5739 Page 2