HomeMy WebLinkAboutOrdinance 5771 02/06/1995
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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.
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ORDINANCE 5771
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APPROVED by the Mayor of the City of Springfield this.>
1 9 9A'~
I Eileen F. Stein
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, being duly sworn, say that
Stu Burge
, signed this document in my presence.
Subscribed and sworn to me this 6ttBay of Feb, , 19s15:'~
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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
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ORDINANCE
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5771
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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.