HomeMy WebLinkAboutOrdinance 5805 12/18/1995
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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.
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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.
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Ordinance No. 5805
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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
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Lif.TE: ~L2.-I-L:~=\ q S-
OFFICE OF CITY ATTORNEY
errV' ()~ tt-'RH\3GFiELD
Ordinance No. 5805
Page 2
ATTACHMENT 2
VACATION REQUEST
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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.
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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
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Conceptual Plans
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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.
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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
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Page 2
Street Vacation
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