The URL can be used to link to this page

Home My WebLink AboutOrdinance 5770 01/16/1995 . . . ORDINANCE NO. 5770 (SPECIAL) AN ORDINANCE VACATING AN ALLEY LOCATED SOUTH OF LOTS 1 AND 2, BLOCK 14 OF THE RAILROAD ADDITION TO SPRINGFIELD, LANE COUNTY. WHEREAS, the Springfield City Council has declared its intention to vacate an alley located in the Railroad Addition to Springfield located within 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 0f 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 19th day of December, 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 OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: 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 right of way, and that vacation of said right of way will be in the best interest of the public and increase the benefit of the property involved. Section 2: The following described portion of right of way to be vacated: See Attachment A. Section 3: The findings in the attached staff report (Jo. No. 94-10-198) 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 this16th'CJay of January, 1995, by a vote of ~ for and ~ against.',:':', :.:::,:",,:':. ORDINANCE 5770 Page 1 . . . APPROVED by the Mayor of the City of Springfield this16 th day of January, 1995. f~t& ~At I, Eileen Stein , being duly sworn, say that Bi 11 Morri sette , signed this document in my presence. Subscribed and sworn to me this16t~ay of January, 199~. My term expires OFFICIAL SEAL E!U::Ef\! IF. STE~N .: . v 0 BUC-OREGON COMfI,m;S!ON NO. 004878 MY COMMISSION EXPIRES FEB. 19, 1995 ~: j'1o:~;~~)~ l~)~t.J~~=~ ~~~~,~~"l ~ ~~ . ,.<.~~~-_.~'!.::;\== :..':.'..Dr:~=~l,\ \~t\=. c:::<:... I.> :J~T\f ATTORNEY' ~I' \ .". .~>~2~-':~t::~J) ORDINANCE 5.770 Page 2 . . . 52 CENTENNIAL LOOP EUGENE, OREGON 97401 CHARLES W. GUILE & ASSOCIATES, Co. LAND SURVEYING RESIDENCE ELMIRA, OREGON TELEPHONE343~855 Description for Rosboro TELEPHONE 935.2025 Alley Along South Line of RAILROAD ADDITION TO SPRINGFIELD A portion of the Alley along the South Margin of the PLAT OF RAILROAD ADDITION TO SPRINGFIELD, as platted and recorded in Book 7, Page 17, Lane County Oregon Plat Records and being more particularly described as follows: Beginning at the Southeast comer of Lot 1, Block 14, in the above said PLAT OF RAILROAD ADDITION TO SPRINGFIELD, run thence along the South line of Block 14, South 890 59' West 64.00 feet to the Southwest comer of Lot 2 in said Block 14; thence South 0001' East 16.00 feet to a point on the South line of the said PlAT OF RAILROAD ADDITION TO SPRINGFIELD; thence along the South line of said Plat, North 890 59' East 64.00 feet; thence North 0001' West 16.00 feet to the Point of Beginning, in Springfield, Lane County, Oregon. November 10, 1994 90-74 90074D01.wpd REGISTERE.D PROFESSIONAL LAND SURVEYOR OHEGON P'-AY o. 'i'S3 CHARLES VI. GUILE 472 .E)cP. :)/l7/? X7eiF"-~ 3~ /991" . . . VACATION REQUEST STAFF REPORT AND FINDINGS APPLICANT: Larry Thorp for Rosboro Lumber Company- Jo.No. 94-10-198 REQUEST: The applicant is requesting vacation of alley right of way located at the southern border of Lots 1 and 2, Block 14, of the Railroad Addition to the City of Springfield. DISCUSSION: The alley right of way is bordered by vacant property to the north and Heavy Industrial Use to the south. The alley right of way was never improved or opened for use. The Railroad Addition to Springfield was platted and recorded in 1913. SPRINGFIELD DEVELOPMENT CODE CRITERIA AND FINDINGS 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 public right of way. 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. Trans Plan is an element of the Metro Plan and serves the areas long range transportation needs. The Trans Plan applies only to arterial and collector streets and does.not apply to local streets or alleys. There is no approved conceptual plan for the area. Staff finds that this criterion has been met. (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. Traffic circulation and emergency service will continue using existing routes and will not be impacted by this request. The alley has never been constructed for use. 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. Staff finds that this criterion has been met. CONCLUSION: The request to vacate this alley is consistent with the criteria of section 9.030 of . . . Jo. No. 94-10-198 Page 2 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: The City Council is requested to hold a public hearing on this request and to make a decision by motion. j .- -a :i -a as 2 - I ~ .c .. '0 lIJCt ... ~ (.) 0 - a:I ~ 11'\ I , ~ 'j l: ... en ~ ..! 15 ... lS '0 .c .. :s 0 en t - - 4 .. c 0 1 (.) ~ . ~ \ ~. ~ , \ ~ ~ ., \n ~/ 'J " o (I ! ;~ .'.t.:::-:,. g._--'1 -" i ! ., : ~ .-a I (.) ~ ~ .a o .. m :.4 o ~ . " B o III o o III I. I ...... z -=----- --, . Rosboro Lumber Company's plant includes a large portion of the Railroad Addition to the City of Springfield. An alley extends along the entire southerly border of that plat. The alley has never been opened or improved. Starting in 1990, Rosboro began a process of vacating all of the streets and alleys within the plat which were inside of its plant site. The entire alley along the . south side of the Railroad Addition abutting Rosboro has been vacated with the exception of the portion south of tax lot 6100. The reason it was not vacated at the time was because tax lot 6100 was owned by a third party who was not cooperative and would not consent. Rosboro Lumber Company has since acquired the property. Attached is a list of tax lots which are within 200 feet on either side and 400 feet on either end of the property to be vacated. As you can see, Rosboro Lumber Company owns the vast majority of all of the property whose owners must consent. The only tax lots which Rosboro does not own are tax lots 5700, 5800 and 5900. None will be affected by the vacation. Tax Lots 5700 and 5900 both abut South A Street and Tax Lot 5900 also abuts South 22nd Street and the alley between the McKenzie Highway and South A Street. . Tax Lot 5800 is a narrow strip owned by the City of Springfield which appears to have been acquired for purposes of widening South 22nd Street. Attached is a map showing the affected properties and the area to be vacated. . ~ . T AX LOTS IN AREA . MAP TAX LOT OWNER 17-03-36 100 Rosboro Lumber Company 200 Rosboro Lumber Company 301 Rosboro Lumber Company 500 Rosboro Lumber Company 17-03-36-41 2200 Rosboro Lumber Company 2300 Rosboro Lumber Company 2600 Rosboro Lumber Company 2700 Rosboro Lumber Company 2800 Rosboro Lumber Company 2900 Rosboro Lumber Company 17-03-36-42 6000 Rosboro Lumber Company 6100 Rosboro Lumber Company 6200 Rosboro Lumber Company 6300 Rosboro Lumber Company 6400 Rosboro Lumber Company 6500 Rosboro Lumber Company 6600 Rosboro Lumber Company 6700 Rosboro Lumber Company 5700 James and Ruth Ballenger 5800 City of Springfield 5900 R & H Building Company . ".. . . . 52 CENTENNIAL LOOP EUGENE. OREGON 97401 CHARLES W. GUILE & ASSOCIATES, Co. LAND SURVEYING RESIDENCE ELMIRA, OREGON TELEPHONE 343-9855 TELEPHONE 935-2025 Description for Rosboro Alley Along South Line of RAILROAD ADDITION TO SPRINGFIELD A portion of the Alley along the South Margin of the PLAT OF RAILROAD ADDITION TO SPRINGFIELD, as platted and recorded in Book 7, Page 17, Lane County Oregon Plat Records and being more particularly descn'bed as follows: Beginning at the Southeast comer of Lot 1, Block 14, in the above said PLAT OF RAILROAD ADDITION TO SPRINGFIELD, run thence along the South line of Block 14, South 890 59' West 64.00 feet to the Southwest comer of Lot 2 in said Block 14; thence South 00 01' East 16.00 feet to a point on the South line of the said PLAT OF RAILROAD ADDITION TO SPRINGFIELD; thence along the South line of said Plat, North 890 59' East 64.00 feet; thence North 0001' West 16.00 feet to the Point of Beginning, in Springfield, Lane County, Oregon. November 10, 1994 90- 74 90074D01.wpd REG15TER~D PROFESSIONAL LAND SURVEYOR OF/EGON MAY O. 'i~~ CHARLES VI. GUILE 472 4~. :)n7/? X7eiF~~ 30" 197Y