HomeMy WebLinkAboutOrdinance 5770 01/16/1995
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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
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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
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ORDINANCE 5.770
Page 2
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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"
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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
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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.
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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.
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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.
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T AX LOTS IN AREA
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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
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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