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Home My WebLink AboutOrdinance 5805 12/18/1995 . ORDINANCE NO. 5805 (SPECIAL) AN ORDINANCE V ACA TING A TRIANGULAR PIECE OF RIGHT-OF- WAY APPROXIMA TEL Y 70 FEET WIDE AND 445 FEET LONG, FORMERLY PART OF MCKENZIE mGHW A Y (MAIN STREET), RESERVING UTILITY EASEMENTS, AND DECLARING AN EMERGENCY. WHEREAS, The Oregon Department has transferred the subject right-of-way to 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 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 Monday, the 18th day of December, 1995, at the hour of7:00 p.m., to hear any objections to the proposed vacation and C:r persons appeared to object; NOW THEREFORE, THE CITY COUNCIL DOES ORDAIN: Section 1: The Council finds that legal notice of the hearing was lawfully published and posted; that -er objections made at the vacation hearing held; that the public interest will not be impaired by the vacation of the public right-of-way and that said right-of-way vacation will be in the best interest of the public and incre.ase the benefit of the property involved. . Section 2: The public right-in the City of Springfield, as described in the following legal description, is declared to be vacated: A TRIANGULAR PIECE OF RIGHT-OF- WAY APPROXIMA TEL Y 70 FEET WIDE AND 445 FEET LONG, FORMERLY PART OF MCKENZIE mGHW A Y (MAIN STREET), more specifically described as commencing at the Northwest corner of the Isaac Briggs Donation Land Claim (D.L.C.) No. 83; thence South 0%11 '30".West 33 feet along the West line of said D.L.C. No. 83; thence South 89%11 '30" East 30 feet to the TRUE POINT OF BEGINNING, said course being parallel with and 33 feet South of the North line of said D.L.C. No. 83, thence North 24% 44'30" East to extend the Easterly right-of-way line of South 10th Street to the Southerly relocated right-of-way line ofthe McKenzie Highway (State Highway No. 15) as retained in the Abandonment and Retention Agreement No. 663 between the City of Springfield and the Oregon Department of Transportation , approved October 3, 1994 and hereby made part of this ordinance by reference; thence Easterly along the retained Southerly right-of-way line as stated in said Agreement No. 663 to a point 33 feet South of the North line of said D.L.C. No. 83, also being 36 feet Southerly of Engineering Station "W" 57+34.75 P.C.S.; thence Westerly 425 feet more or less parallel with the North line of said D.L.C. No. 83 to the TRUE POINT OF BEGINNING. . Ordinance No. 5805 . . . .. '1" I ' , ' Section 3: The findings in the staff report for Jo. No. 95-08-154 are hereby made part of this ordinance by reference. Section 4: The City Recorder is directed to file certified copies of this ordinance with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor. Section 5: It is a further condition of this vacation that nothing herein contained shall cause or require the removal or abandonment of any sewer, water main, gas main, conduit of any kind, pole or thing used or intended for any public service. The right is hereby reserved for the owner of any such utility or thing to maintain, continue, repair, reconstruct, renew, replace, rebuild and enlarge any and all such things under existing or future easements. Section 6: It is hereby found and determined that the matters relating to the vacation of this right-of-way are matters affecting the public health, safety and welfare and that an emergency therefore exists, and 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 ---6- for and ~ against, this 18tltlay of December, 1995. APPROVED by the Mayor of the City of Springfield this 18thday of December, 1995. 1//~ Mayor ATTEST: City Recorder ~: : \f~ ~ -:t'~f,-.: Cl ..r,; ;~)r-.~tv2U _'~:~:::' ~ L~~l. Lif.TE: ~L2.-I-L:~=\ q S- OFFICE OF CITY ATTORNEY errV' ()~ tt-'RH\3GFiELD Ordinance No. 5805 Page 2 ATTACHMENT 2 VACATION REQUEST . STAFF REPORT AND FINDINGS APPLICANT Springfield" Utility Board (SUB) - Jo. No. 95-08-154. REQUEST The vacation of a triangular piece of right-of-way approximately 70 feet wide and 445 feet long, formerly part of McKenzie Highway (Main Street) . DISCUSSION The right-of-way proposed to be vacated is along the south side of McKenzie Highway (Main Street), east of South lOth Street. The right-of-way abuts SUB's electric service center warehouse located at 1001 Main Street. SUB had been leasing this land from the State Highway Department. The State has already t~ansferred the land ownership to the City. That transfer is the first step to SUB ownership. The second step is the right-of-way vacation application to the City. Under the transfer from the State Highway Department," SUB has maintained the landscaping and utilized the land as part of SUB,s electric service center warehouse area. r SPRINGFIELD DEVELOPMENT" CODE CRITERIA section 9.030 of the Springfield Development Code (SDC) establishes Vacation criteria that must be met in order to approve this request. The following findings address . each of the criteria: ~'lW (1) THE VACATION IS IN CONFORMANCE WITH THE METRO PLAN INCLUDING ADOPTED STREET PLANS AND/OR CONCEPTUAL PLANS; Conformance with the Metro Plan Findinq. The Metro Plan is a general plan which does not discuss the vacation of streets. However, the vacation process is found in Article 9 of the SDCi the SDC is in conformance with the Metro Plan. Adopted Street Plans Firidinq. The request is for the vacation of right-of-way on Main Street. SDC 32.020(4)1. lists Main Street as a major arterial street. TransPlan is an element of the Metro Plan and serves the metropolitan area's long-range transportation needs. TransPlan contains projects and policies to guide development of the area's freeway, arterial and significant collector systems. Street right-of-way vacations are typically required during the development process (Site Plan Review) or through individual applications such as this one as specified in the SDC. As stated previously, the SDC is in conformance with the Metro Plan. The request will not affect vehicular traffic on Main Street or South 10th Street. Therefore, this request will not affect TransPlan, the adopted street plan. Page 1 Street Vacation . Conceptual Plans "., . Findinq. The subject right-of-way is not within a conceptual plan boundary. conceptual plans apply. No Conclusion. Staff finds this request is in conformance with the Metro Plan, does not affect the TransPlan and t?at no conceptual plans apply. (2) THERE ARE NO NEGATIVE EFFECTS ON ACCESS, TRAFFIC CIRCULATION, AND EMERGENCY SERVICE PROTECTION, OR ANY OT~ER PUBLIC BENEFIT DERIVED FROM THE EASEMENT,RIGHT OF WAY OR PLAT. Access Findinq. The right-of-way proposed to be vacated is along SUB's electric service center warehouse on Main Street. SUB's facility is bound by Main Street on the north, South lOth Street on the west, South A Street on the south, and South 11th Street on the east. Access to SUB's facility is from Main and So~h A Streets. There is no access from either South lOth or South 11th Streets. Access to SUB's facility is not proposed to be changed by this request. Therefore, there are no negative effects on access. Traffic Circulation Findinq. All traffic circulation takes place within the confines of SUB's electrical service center warehouse. The internal circulation is not proposed to be changed by this request. Therefore, there are no negative effects on .traffic circulation. . Emergency Service Protection Findinq. Emergency service is available from either Main, South lOth, South 11th and ..South A Streets. Access to SUB's electrical service center warehouse is from Main and South A Streets. Emergency service protection is not proposed" to be changed by this request. Therefore, there are no negative effects on emergency service protection. Any Other Public Benefit Derived From the Easement, Right-of-Way or Plat. Findinq. The proposed vacation consists of right-of-way formerly belonging to the State. There is a City storm sewer line within the area proposed to be vacated. Therefore, the following statement will be a condition of approval of this vacation request "It is a further condition of this vacation that nothing herein contained shall cause or require the removal of or abandonment of any sewer, water main, gas main, conduit of any kind, pole or thing used or intended for any public service. The right .is hereby reserved for the owner of any such utility or thing'to maintain, continue, repair, reconstruct, renew, replace, rebuild and enlarge any and all such things under existing or future easements." Conclusion. Staff finds, as circulation, and derived from the conditioned, there are no negative effects emergency service protection, or any right-of-way. on access, traffic other public benefit . Page 2 Street Vacation PCD:Z !::O:E 0(;),-. z ' I ~CD (J) o G)~ r::O-C . (/)'0)>-< ~ ~ -;~ ' ~L.. w. . ())~~ ~. . ~::- ...,~J& - ~ - V."o'o~. "'Y' 0 N >~t.~ .. .,," .( 01 -+ .~~;1' > 0J <:;' 0' .... 00 ~ :f-:- ........ 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