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HomeMy WebLinkAboutOrdinance 5771 02/06/1995 . . . ORDINANCE NO. 5771 (SPECIAL) AN ORDINANCE VACATING A CUL-DE-SAC BULB, LOT LINES AND WALKWAY RIGHT OF WAYS SURROUNDED BY LOTS 7 THROUGH 14, LYING IN SECTION 22, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN AND WITHIN THE PLAT OF GRANADA PHASE II AS PLATTED AND RECORDED, LANE COUNTY OREGON PLAT RECORDS, AND DECLARING AN EMERGENCY. WHEREAS, the Springfield City Council has declared its intention to vacate the cul-de- sac bulb, walkways and lot lines in the City of Springfield; and WHEREAS, such vacation is in the best interest ofthe 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 Tuesday, the 6th day of February, 1995, 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 OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: Section 1: The Council finds that the legal notice of the hearing was lawfully published and posted; that ~ 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: That the right of way more particularly described and setforth in Attachment A be and is hereby vacated. Section 3: The findings in the attached staff report (Jo. No. 94-10-211) 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. Section 5: It is hereby found and determined that this matter pertaining to the vacation of the public utility easement is necessary for the immediate preservation of the public health, safety and welfare, therefore this ordinance shall take effect immediately upon passage by Council and approval of the Mayor. ADOPTED by the Common Council of the City of Springfield this 6th day of February, 1991... by a vote of ~ for and ~ against. ~ .ttJ... ORDINANCE 5771 Page 1 , . . . . " APPROVED by the Mayor of the City of Springfield this.> 1 9 9A'~ I Eileen F. Stein , , being duly sworn, say that Stu Burge , signed this document in my presence. Subscribed and sworn to me this 6ttBay of Feb, , 19s15:'~ ~,- City Recorder and Notary Public My term expires _SEAL EILEEIt F STEIN i NOTARY PUBLIC. OREGON ./ COMMISSlONNO.040~89 MY COMMISSION EXPIRES FEB, 19, 1999 i~~,~'J ~~~ '....r~"...c,<~._.. <. ... ," '.. .~ r.:.::'L..jJ\)-\, ?'\.., \~,,~S Ol:~'K;::: C.,: "J:'!"~' .\'~'<;' :.. " l.f...~~\. \.:' ~,>~ iu '.: ~.~.:~ ~..r..~J ORDINANCE Page 2 5771 . . . . r VACATION APPLICATION GRANADA PHASE II DESCRIPTION OF PROPERTY TO BE VACATED: THE CUL-DE-SAC BULB AND W ALKW A Y RIGIIT-OF-W A YS SURROUNDED BY LOTS #7 THROUGH # 1 -4, LYING IN SECfION 22. TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMElTE MERIDIAN AND WITHIN THE PLAT OF GRANADA. PHASE II AS RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS AS FILE 73. SLIDES 108 THROUGH 110, AND MORE SPECIFICALLY AS DESCRIBED IN AITACHEDEXHIBIT "B". PROPOSED USE OF THE PROPERTY TO BE VACATED: THE V ACA TED RIGIIT -OF - WAYS WILL BE INCORPORATED IN THE DEVELOPMENT OF A SINGLE SITE. WHICH SHALL CONSIST OF SIX (1:5) BED RESIDENTIAL CARE FACILITIES. THERE WILL BE FOUR RCF UNITS TO HOUSE (60) SENIOR ADULTS AND TWORCF UNITS TO HOUSE (30) SENIOR ADULTS WITH SYMPTOMS OF AUIEMERS OR DEMENTIA. REASON FOR VACATION: THE VACATION OF THE CUL- DE-SAC IS NECESSARY TO ALLOW THE OWNER, WHO OWNS ALL THE LOTS SURROUNDING THE CUL-DE-SAC, TO DEVELOP THE SITE AS ONE ENTITY AND PROVIDE A SAFE AND SECURE ENVIRONMENT FOR THE FUTURE RESIDENTS. INTERIOR W AUW A Y CIRCULATION WILL WORK BEITER FOR THE RESIDENTS AND CARE PROVIDERS THAN WILL A PA YEn STREET THAT CATERS TO AUTOMOBILES WHICH ARE A HAZARD TO THE INTENDED RESIDENTS, THE VACATION OF THE INTERIOR LOT LINES IS NECESSARY TO MAKE A LEGAL LOT WHEN THE CUi-DE-SAC IS VACATED, THE VACATION OF THE 14.00 FOOT P,UE. IS NECESSARYSQ-AS TO PROVIDE FOR ANEW 1".00 FOOT P.UE. THAT ALIGNS TRULY WITH THE EXISTING SEWER LINE. INCLUDING THE PORTION THAT PREVIOUSLY FELL WITHIN THE CUL- DE-SAC RIGHT -OF- WAY. THE VACATION OF THE W AUW A Y RIGHT -OF- WAY IS REQUESTED BECAUSE A W ALKW A Y WITHIN THIS SITE IS NOT IN THE BEST INTEREST OF THE FUTURE RESIDENTS AND THERE IS AN EXISTING W ALKW A Y 202 flIT TO THE WEST WHICH ALONG W IIH THREE OTHER EXISTING W ALKW A YS PROVIDES AMPLE ACCESS TO THE PROPERTY TO THE NORTH WHICH IS OWNED BY SCHOOL DISTRICT # 19, II IS THE OWNERS INTENTION TO PROVIDE A LOCKABLE GATE (OR GATES) IN THE NORTH FENCE TO BE USED IN THE EVENT THAT THE PROPERTY OWNED BY THE SCHOOL DISTRICT IS DEVELOPED INTO A PUBLIC PARK IN THE FUI'URE. VACATION APPLICATION GRANADA PHASE II DESCRIPTION OF PROPERTY TO BE VACATED: THE CUL-DE-SAC BULB AND W ALKW AY RIGlIT-OF-W A YS SURROUNDED BY LOTS #7 THROUGH # H. LYING IN SECfION 22. TOWNSHIP 17 SOUTH. RANGE 3 WEST, WILLAMETfE MERIDIAN AND WITHIN THE PLAT OF GRANADA. PHASE II AS RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS AS FILE 73. SLIDES 108 THROUGH 110, AND MORE SPECIFICALLY AS DESCRIBED IN AITACHEDEXHIBIT "B", PROPOSED USE OF THE PROPERTY TO BE VACATED: THE V ACATEDRIGHT-OF-W A YS WILL BE INCORPORATED IN THE DEVELOPMENT OF A SINGLE SITE. WHICH SHALL CONSIST OFSIX (I~) BED RESIDENTIAL CARE FACILITIES. THERE WILL BE FOUR RCF UNITS TO HOUSE (60) SENIOR ADULTS AND TWO RCF UNITS TO HOUSE (30) SENIOR ADULTS WIm SYMPTOMS OF AUIEMERS OR DEMENTIA. REASON FOR V ACA TION: THE VACATION OF THE CUL-DE-SAC IS NECESSARY TO ALLOW THE OWNER, WHO OWNS ALL THE LOTS SURROUNDING THE CUL-DE-SAC, TO DEVELOP THE SITE AS ONE ENTITY AND PROVIDE A SAFE AND SECURE ENVIRONMENT FOR THE FUTURE RESIDENTS. INTERIOR W ALKW A Y CIRCULATION WILL WORK BEITER FOR THE RESIDENTS AND CARE PROVIDERS THAN WILL A PA VED STREET THAT CATERS TO AUTOMOBILES WHICH ARE A HAZARD TO THE.INTENDED RESIDENTS. THE VACATION OF THE INTERIOR Lar LINES IS NECESSARY TO MAKE A LEGAL Lar WHEN THE CUL-DE-SAC IS VACATED. THE VACATION OF THE l.tOO FOOT P.UE. IS NECESSARY SO-AS TO PROVIDE FOR A NEW 1.(.00 FOOT P.UE. THAT ALIGNS TRULY WITH THE EXISTING SEWER LINE, INCLUDING THE PORTION THAT PREVIOUSLY FELL WITHIN THE CUL-DE-SACRIGHT-OF-W AY. THE VACATION OF THE WALKW AYRIGHT-OF- WAY IS REQUESTED BECAUSE A W ALKW A Y WITHIN THIS SITE IS Nar IN THE BEST INTEREST OF THE FUTURE RESIDENTS AND THERE IS AN EXISTING W AL.KW A Y 202 FEET TO THE WEST WHICH ALONG WITH THREE arHER EXISTING W Al.KW A YS PROVIDES AMPLE ACCESS TO THE PROPERTY TO THE NORTH WHICH IS OWNED BY SCHOOL DISTRICf # 19. IT IS THE OWNERS INTENTION TO PROVIDE A LOC.KABLEGATE (OR GATES) IN THE NORTH FENCE TO BE USED IN THE EVENT THAT THE PROPERTY OWNED BY THE SCHOOL DISTRICf IS DEVELOPED INTO A PUBLIC PARK IN THE FlITURE.