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HomeMy WebLinkAboutOrdinance 5798 09/18/1995 !' . '-' . . . ORDINANCE NO. 5798 (Special) AN ORDINANCE ESTABLISHING LIENS FOR INSTALLATION OF PAVING, CURBS AND GUTTERS, SIDEWALKS, STORM DRAINAGE AND SANITARY SEWER IMPROVEMENTS TO SERVE SOUTH f 52ND PLACE, FROM MAIN STREET TO 100 FEET SOUTH OF CYNTHIA COURT, AND VICINITY, PROJECT 1-792, IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: In accordance with Section 2-1-3 of the Springfield City Code, an engineer's report was filed in the office of the Finance Director on June 9, 1993 for public improvements including paving, curbs and gutters, sidewalks, storm drainage and sanitary sewer improvements to serve South 52nd Street, Main Street to 100 feet South of Cynthia Court, and vicinity, project #1-792, and Ordinance No. 5709 passed by the City Council on August 16, 1993 in the City of Springfield, Oregon, for the total area more particularly described in Exhibit "A", attached, and is by reference hereto incorporated herein and made a part of this ordinance. Owners of benefited property and all interested persons were invited to appear at a public hearing on September 18, 1995. Section 2: The total cost of the improvement construction, based upon the contract awarded, was $321,706.68. The City and County will pay, as their share of said construction, the sum of $242,928.68, leaving a balance of $78,778.00 which is hereby assessed against the property benefited by the improvement and in the reputed ownership of persons named as follows: (See Exhibit "A") Section 3: The Council hereby declares the assessments set forth to be liens upon the property and orders the Finance Director to enter the liens in the City lien docket to be collected in accordance with existing statutory provisions governing assessments for City improvements. The lien docket entry shall include a complete legal description of the property assessed, the name of the reputed owner or owners, the amount of the assessment, and the number of this authorizing ordinance. Section 4: It is hereby found and determined by the Common Council, that matters pertaining to public improvements, and assessments therefore, are matters affecting the public health, safety and welfare, and that an emergency therefore exists, and that this ordinance shall therefore take effect immediately upon its passage by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield by a vote of 5 against this 18th day of September ,1995. APPROVED by the Mayor of the City of Springfield this18th day of September in favor and 0 ,1995. MJl/tJ!/IjtV~ Mayor ~~ City Recorder ~;,.- _fl~~~".:..' 6:;t t\;~~~-~..~~J~~'~t..) . . ".; h=O~1M ,~_c ')~~~_ -..J LE.e\ \~~ ;-....~'[::, .t\~.c~=~_\ ~S- O;~~"~G~., c;: ':'~rnr ATTOAi\i2Y (.f~.~\ . : ~.: :'~-::;~~-.~;:~:~:'.~~ j) '. . . . " Ordinance No. Page 1 of 8 EXHIBIT "A" PROJECT NO. 1-792 SOUTH 52ND PLACE IMPROVEMENTS DESCRIPTION OF ASSESSABLE PROPERTIES Kiyoko '0. Eastman $ 1,190.00 383 South 42nd Place Springfield, Oregon 97478 On: Vacant Beginning at a point which is South 00005' West 86 feet and 100 feet East from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Notification No. 7178, Township 17 South, Range 2 West of the Willamette Meridian and from said true point of beginning, running thence East 110 feet; thence North 00005' East 86 feet to the South line of the Mckenzie Highway; thence West along the South line of the McKenzie Highway 110 feet; thence South 00005' East 86 feet to the true point of beginning. EXCEPT: The East 15.0 feet thereof. ALSO EXCEPT: That portion dedicated for road purposes by deed recorded August 17, 1993 on Reel 1871 R, Instrument No. 9351839, Lane County, Oregon Deed Records. TL 17 023331 06702 Kiyoko O. Eastman $ 1,260.00 383 South 42nd Place Springfield, Oregon 97478 On: 135 South 52nd Place Beginning at a point which is South 00005' West 86 feet and 100 feet East from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Notification No. 7178, Township 17 South, Range 2 West of the Willamette Meridian and from said true point of beginning, running thence East 110 feet; thence South 00005' West 90 feet; thence West 110 feet; thence North 00005' East 90 feet to the true point of beginning. EXCEPT: The East 15.0 feet thereof. TL 17 02 33 31 06701 Phoebe Clark $ 700.00 2270 - 2 Patterson Eugene, Oregon 97405 On: 140 South 52nd Place Beginning at a point South 00005' West 176 feet from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Notification No. 7178, Township 17 South, Range 2 West of the Willamette Meridian; thence East 210 feet; thence South 00005' West 50 feet; thence West 210 feet; thence North 00005' East 50 feet to the point of beginning in Lane County, Oregon. EXCEPT: That portion conveyed for road purposes by Deed recorded January 30, 1942 as Reception No. 106816 in Book 227, Page 125, Deed Records of Lane County, Oregon. ALSO EXCEPT: That portion conveyed for road purposes by Deed recorded August 9, 1993 on Reel 1869R, Instrument No. 9349984, Lane County, Oregon Deed Records. TL 17023331 06900 . . . Ordinance No. Page 2 of 8 Earl W. & Marie G. Maish, TE $ 1,400.00 Maish Living Trust 152 South 52nd Place Springfield, Oregon 97478 On: 152 South 52nd Place Beginning at a point South 00005' West 226 feet from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation land Claim No. 38, Notification No. 7178, Township 17 South, Range 2 West of the Willamette Meridian; running thence East 105 feet to the true point of beginning; thence East 105 feet; thence South 00005' West 50 feet; thence West 105 feet; thence North 00005' West 50 feet to the point of beginning in lane County, Oregon. EXCEPT: The East 15.0 feet thereof. Tl 17023331 07100 Calvin B. & Dawn Winz $ 700.00 193 South 52nd Street Springfield, Oregon 97478 On: 193 South 52nd Street Beginning at a point South 00005' West 326 feet from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation land Claim No. 38, Notification No. 7178, Township 17 South, Range 2 West of the Willamette Meridian; running thence East 210 feet; thence North 00005' East 50 feet; thence West 210 feet; thence South 00005' West 50 feet to the point of beginning in lane County, Oregon. EXCEPT: The East 15.0 feet thereof. ALSO EXCEPT: Any part of the above described tract that falls within the boundaries of tract described in deed to the Public recorded January 30, 1942 at Page 125, Volume 227, under Clerk's Filing No. 106816, Lane County Oregon Deed Records, Lane County, Oregon. TL 1702333401800 Susan'M. & Les Hull $ 1,680.00 216 South 52nd Place Springfield, Oregon 97478 On: 216 South 52nd Place Beginning at a point South 00005' West 386 feet from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Notification No.. 7178, Township 17 South, Range 2 West of the Willamette Meridian;. thence East'210 feet; thence North 00005' East 60 feet; thence West 210 feet; thence South 00005', West60feet to the point of beginning in Lane .County,Oregon. EXCEPT: The East 15.0 feet thereof. ALSO EXCEPT: Any portion of the above described tract that falls within the boundaries of tract described in deed to the Public recorded January 30, 1942 at Page 125, Volume 227, under Clerk's Filing No. 106816, Lane County Oregon Deed Records, Lane County, Oregon. TL 17 02 33 34 01700 Crystal M. Matlock $ 840.00 1881 Regina Way Grants Pass, Oregon 97526 On: 240 South 52nd Place Beginning at a point being South 89044' East 195.49 feet and South 00004'00" West 386.00 feet from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Township 17 South, Range 2 West of the WiJlamette Meridian, said point being on the Westerly margin of 52nd Place; thence along . Ordinance No. Page 3 of 8 said Westerly margin South 00004'00" West 60.00 feet; thence leaving said Westerly margin North 89044'00" West 85.00 feet; thence North 00004'00" East 60.00 feet; thence South 89044'00" East 85.00 feet to the point of beginning in Lane County, Oregon. TL 1702333401601 Jeffrey D. & Jane Taylor $ 1,680.00 224 South 52nd Place Springfield, Oregon 97478 On: 224 South 52nd Place Beginning at a 5/8 inch iron rod that is North 00'05' East 267.32 feet and North 89043' West 45.00 feet from the Initial Point of Danielle Park, as platted and recorded in Book 59, Page 2, Lane County Oregon Plat Records; thence North 89043' West 83.40 feet to a 5/8 inch iron rod; thence South 00005' West 60.00 feet to a 5/8 inch iron rod; thence South 89043' East 83.40 feet to a 5/8 inch iron rod; thence North 00005' East 60.00 feet to the point of beginning in Lane County, Oregon. TL 17 02 33 34 01501 . Mary Ann Mann $ 3,360.00 8485 Anderson Road SE Sublimity, Oregon 97385 On: 262 South 52nd Place Beginning at a point South 00005' West 626 feet from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Notification No. 7178, Township 17 South, Range 2 West of the Willamette Meridian; thence East 210 feet; thence North 00005' East 120 feet; thence West 210 feet; thence South 00005' West 120 feet to the point of beginning in Lane County, Oregon. EXCEPT: The East 15.0 feet thereof. ALSO EXCEPT: Any portion of the above described tract that falls within the boundaries of tract described in deed to the Public recorded January 30, 1942 at Page 125, Volume 227, under Clerk's,:Filing NO.1 06816, Lane County Oregon Deed Records, Lane County, Oregon. TL 1702333401400 . Maude M. Fairrington $ 1,400.00 277 South 52nd Place Springfield, Oregon 97478 On: 277 South 52nd Place Beginning at a point South 00005' West 676 feet from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W.' Hammitt Donation Land Claim No. 38, Notification No. 7178, Township 17 South, Range 2 West of the Willamette Meridian; thence East 210 feet; thence North 00005' East 50 feet; thence West 210 feet; thence South 00005' West 50 feet to the point of beginning in Lane County, Oregon. EXCEPT: Any portion of the above described tract that falls within the boundaries of tract described in deed to the Public recorded January 30, 1942 at Page 125, Volume 227, under Clerk's Filing No. 106816, Lane County Oregon Deed Records, Lane County, Oregon. ALSO EXCEPT: The East 15 feet conveyed to the City of Springfield by instrument dated May 28, 1963, recorded September 28, 1965, Recorder's Reception No. 20431, Lane County Oregon Deed Records. TL 17 02 33 34 01300 . . . " Ordinance No. Page 4 of 8 James P. & Becky McAndrews $ 2,800.00 280 South 52nd Place Springfield, Oregon 97478 On: 280 South 52nd Place Beginning at a point 676.00 feet South 00005' West from the point of intersection of the South right of way line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Township 17 South, Range 2 West of the Willamette Meridian; and run East 85.00 feet to a 5/8 inch iron rod and true point of beginning; thence continue East 125.00 feet; thence South 00005' West 50 feet; thence West 125.00 feet to a 5/8 inch iron rod; thence North 00005' East 50.00 feet to the true point of beginning in Springfield, Lane County, Oregon. EXCEPT: That portion deeded for road purposes by deed recorded August 17, 1993 on Reel 1871 R, Instrument No. 9351840, Lane County Oregon Deed Records. TL 1702333401103 Fredric 8. Simmons $ 2,800.00 312 South 52nd Place Springfield, Oregon 97478 On: 312 South 52nd Place Beginning at a point that is 776.0 feet South 00005' West and 75.0 feet East from a point where the South line of the McKenzie Highway intersects the East line of the A. W. Hammitt Donation Land Claim No. 38, Section 33, Township 17 South, Range 2 West of the Willamette Meridian in Lane County, Oregon; running thence North 00005' East 50.00 feet; thence East 135.00 feet; thence South 00005' West 50.0 feet; thence West 135.00 feet to the place of beginning in Lane County, Oregon. EXCEPT: That portion deeded for road purposes by deed recorded September 22, 1993 on Reel 1880R, Instrument No. 9360015, Lane County Oregon Deed Records. TL 1702333401101 Wai Yuen Chan & Ying Ying Hung $ 2,800.00 2763 Warren Street Eugene, Oregon 97405 On: 328 South 52nd Place Beginning at a point that is 776.0 feet South 00005' West from a point where the South line of the McKenzie Highway intersects the East line of the A. W. Hammitt Donation Land Claim No. 38, Section 33, Township 17 South, Range 2 West of the Willamette Meridian; running thence South 00005' West 50.00 feet; thence East 210.00 feet; thence North 00005' East 50.0 feet; thence West 21 0.00 feet to the place of beginning in Lane County, Oregon.' EXCEPT: The Westerly 25.0 feet thereof as deeded to the public for road, under Deed recorded June 30,1942, under Recorder's Reception No. 106186, Lane County Oregon Deed Records. ALSO EXCEPT: That portion deeded for road purposes by deed recorded August 17, 1993 on Reel 1871 R, Instrument No. 9351838, Lane County Oregon Deed Records. TL 17 02 33 34 01102 Melvyn D. & Edna Tompkins $ 1,050.00 POBox 1935 Florence, Oregon 97439 On: 356 South 52nd Place Beginning at a point South 89044' East 117.5 feet and South 00005' West 826 feet from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Notification No. 7178, Township 17 South, Range 2 . '. . . Ordinance No. Page 5 of 8 West of the Willamette Meridian; thence East 92.5 feet; thence South 00005' West 75.00 feet; thence West 92.5 feet; thence North 00005' East 75.0 feet to the point of beginning in Lane County, Oregon. EXCEPT: The East 15.0 feet thereof dedicated as a public road. TL 1702 3334 01000 Roy L. & Dorris Walters $ 4,200.00 360 South 52nd Place Springfield, Oregon 97478 On: 360 South 52nd Place Beginning at a point South 89044' East 117.5 feet and South 00005' West 901 feet from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Notification No. 7178, Township 17 South, Range 2 West of the Willamette Meridian; thence East 92.5 feet; thence South 00005' West 75.00 feet; thence West 92.5 feet; thence North 00005' East 75.0 feet to the point of beginning in Lane County, Oregon. EXCEPT: The East 15.0 feet thereof dedicated as a public road. TL 17 02 33 34 00700 James Scales $ 5,824.00 386 South 52nd Place Springfield, Oregon 97478 On: 386 South 52nd Place Beginning at a point South 89044' East 25 feet and South 00005' West 1028 feet from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Notification No. 7178, Township 17 South, Range 2 West of the Willamette Meridian; thence East 77.5 feet; thence North 00005' East 52 feet; thence East 15 feet; thence South 00005' West 104 feet; thence West 92.5 feet; thence North 00005',East 52 feet to the point of beginning in Lane County, Oregon. ALSO: Beginning at a point South 89044' East 117.5 feet and South 00005' West 976 feet from the point of intersection of the South line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Notification No. 7178, Township 17 South, Range 2 West of the Willamette Meridian; thence East 92.5 feet; thence South 00005' West 104 feet; thence West 92.5 feet; thence North 00005' East 104 feet to the point of beginning in Lane County, Oregon. EXCEPT: The East 15.0 feet thereof dedicated as a public road by deed recorded August 9, 1993 on Reel 1869R, Instrument No. 9349986, Lane County Oregon Deed Records. TL 17 02 33 34 00600 Pollard S. Thompson $ 2,934.40 420 South 52nd Place Springfield, Oregon 97478 On: 420 South 52nd Place Beginning on the South line of the McKenzie Highway on the East line of the A. W. Hammitt Donation Land Claim No. 38, Notification No. 7187, Township 17 South, Range 2 West of the Willamette Meridian; running thence South 89044' East on the South line of the McKenzie Highway 210 feet; thence South 00005' West 1080 feet to the point of beginning; thence South 00005' West 104.8 feet; thence West 100 feet; thence North 00005' East 104.8 feet; thence East 100 feet to the point of beginning in Lane County, Oregon. EXCEPT: The East 15.0 feet thereof. . . . Ordinance No. Page 6 of 8 ALSO EXCEPT: Any part of the above described tract that falls within the boundaries of tract described in deed to the Public recorded January 30, 1942 at Page 125, Volume 227, under Clerk's Filing No. 106816, Lane County Oregon Deed Records, Lane County, Oregon. ALSO EXCEPT: That portion of the above described parcel deeded for road purposes by deed recorded August 17, 1993 on Reel 1871 R, Instrument No. 9351841, Lane County Oregon Deed Records. TL 17 02 33 34 00300 Gale Peterson & Clara Greenough $ 4,256.00 5255 Cynthia Court Springfield, Oregon 97478 On: 5255 Cynthia Court Lot 16, Danielle Park as platted and recorded in Book 59, Page 2, Lane County Oregon Plat Records in Lane County, Oregon. EXCEPT: That portion thereof deeded for road purposes by deed recorded September 22, 1993 on Reel 1880R, Instrument No. 9360017, Lane County Oregon Deed Records. TL 1702 33 34 00217 Dorothy L. Flores $ 1,335.60 5252 Cynthia Court Springfield, Oregon 97478 On: 5252 Cynthia Court Lot 1, Danielle Park as platted and recorded in Book 59, Page 2, Lane County Oregon Plat Records in Lane County, Oregon. EXCEPT: That portion thereof deeded for road purposes by deed recorded September 22, 1993 on Reel 1880R, Instrument No. 9360018, Lane County Oregon Deed Records. TL 17 02 33 34 00202 Jason L Exceen $ 2,660.00 365 South 52nd Place Springfield, Oregon 97478 On: 365 South 52nd Place Beginning at a point where the East line of South 52nd Place intersects the Southwest corner of Lot 5, Danielle Park, as platted and recorded in Volume 59, Page 2, Lane County Oregon Plat Records; running thence South 89044' East 100.0 feet to the Southeast corner of said Lot 5; thence South 00004' West 95.0 feet to the Northeast corner of Lot 1 in said Danielle Park; thence North 89044' West 100.0 feet along the North line of said Lot 1 to the East line of said South 52nd Place; thence North 00004' East 95.0 feet to the place of beginning in Lane County, Oregon. TL 17 02 33 34 0200 Robert D. & Daria S. Hanson $ 4,480.00 359 South 52nd Place Springfield, Oregon 97478 On: 359 South 52nd Place Lot 5, Danielle Park as platted and recorded in Book 59, Page 2, Lane County Oregon Plat Records in Lane County, Oregon. TL 17 02 33 34 00206 . . ..' ." .. ... Ordinance No. Page 7 of 8 Rodney L. Dunlap $ 3,920.00 7298 Elderberry Street Springfield, Oregon 97478 On: 327 South 52nd Place Lot 6, Danielle Park as platted and recorded in Book 59, Page 2, Lane County Oregon Plat Records in Lane County, Oregon. TL 17 02 33 34 00207 . Robert L. Vanderpool $ 840.00 285 South 52nd Place Springfield,Oregon 97478 On: 285 South 52nd Place Lot 17, Block 1, Danielle Park First Addition as platted and recorded in Book 64, Page 27, Lane County Oregon Plat Records in Lane County, Oregon. TL 17 02 33 34 00112 Bonnie Tillery & Elihue Tillery $ 840.00 267 South 52nd Place Springfield, Oregon 97478 On: 267 South 52nd Place Lot 18, Block 1, Danielle Park First Addition as platted and recorded in Book 64, Page 27, Lane County Oregon Plat Records in Lane County, Oregon. TL 1702333400113 . Charles H. Radspinner $ 840.00 POBox 1841 Fernley, Nevada 89408 On: 245 South 52nd Place Lot 19, Block 1, Danielle Park First Addition as platted and recorded in Book 64, Page 27, Lane County Oregon Plat Records in Lane County, Oregon. TL 17 02 33 34 00114 Melba Waggoner & Shawnee Madison $ 840.00 221 South 52nd Place Springfield, Oregon 97478 On: 221 South 52nd Place Lot 20, Block 1, Danielle Park First Addition as platted and recorded in Book 64, Page 27, Lane County Oregon Plat Records in Lane County, Oregon. TL 17 02 33 34 00115 . Rex O. & Darlene Kessinger $ 5,600.00 Marvin Knutson 789 Fairoaks Drive Eugene, Oregon 97401 On: Vacant Beginning at a point 210.49 feet East and 300.00 feet South of the intersection of the South right of way line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Township 17 South, Range 2 West of the Willamette Meridian; thence South 89044' East 150 feet; thence South 100 feet; thence North 89044' West 150 feet; thence North 100 feet to the point of beginning in Lane County, Oregon. EXCEPT: The West 15.0 feet conveyed to the City of Springfield by instrument recorded September 28, 1965,Clerk's File No. 20431, Lane County Oregon Deed Records in Lane County, Oregon. ALSO EXCEPT: That portion dedicated for road purposes by deed recorded August 9, 1993 on Reel 1869R, Instrument No. 9349983, Lane County, Oregon Deed Records. TL 17 02 33 34 00100 . . . . . . ... ~. .' ... ... Ordinance No. Page 8 of 8 Rex O. & Darlene Kessinger $ 16,548.00 Marvin Knutson 789 Fairoaks Drive Eugene;- Oregon 97401 On: Vacant 'Beginning at a point 210.49 feet East of the intersection of the South right of way line of the McKenzie Highway with the East line of the A. W. Hammitt Donation Land Claim No. 38, Township 17 South, Range 2 West of the Willamette Meridian said point being also 1302.2 feet South and 210.49 feet East of the Northeast corner of said Donation Land Claim No. 38 and running thence South 89044' East along said right of way line 150 feet; thence South 300 feet; thence North 89044' West 150 feet; thence North 300 feet to the point of beginning in Lane County, Oregon. EXCEPT: The West 15.0 feet conveyed to the City of Springfield by instrument recorded . September 28, 1965,Clerk's File No. 20431, Lane County Oregon Deed Records in Lane County, Oregon. ALSO EXCEPT: That portion dedicated for road purposes by deed recorded August 9, 1993 on Reel 1869R, Instrument No. 9349983, Lane County, Oregon Deed Records. ALSO EXCEPT: That portion of the above described parcel lying within that tract conveyed to the State. of Oregon by instrument recorded July 2, 1962, Clerk's File No. 74845, Lane County Oregon Deed Records in Lane County, Oregon. TL 17 02 33 31 07200