HomeMy WebLinkAboutOrdinance 5806 02/05/1996
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ATTACHMENT A
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ORDINANCE NO.
5806 (Special)
AN ORDINANCE VACATING THE EASTERLY FOUR FEET OF THE
WESTERLY SEVEN FEET OF LOT 3 IN BLOCK 1 OF FREEMAN'S ADDITION TO
SPRINGFIELD AS PLATTED AND RECORDED IN BOOK 16, PAGE 24 OF PLAT
RECORDS OF LANE COUNTY, OREGON, AND DECLARING AN EMERGENCY.
WHEREAS, the Springfield City Council has declared its intention to vacate an
easement in the City of Springfield as attached; 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 5th day of February 1996, at the hour of7:00 p.m., to hear any
objections to the proposed vacation and ~ 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 ~ objections were made at the vacation hearing held; that public
interest will not be impaired by the vacation of the easement; and that said vacation will be
to the best interest of the public and increase the benefit of the property involved.
Section 2: The following described easement in the City of Springfield is declared
to be vacated:
THE EASTERLY FOUR FEET OF THE WESTERLY SEVEN FEET OF LOT 3
IN BLOCK 1 OF FREEMAN'S ADDITION TO SPRINGFIELD AS PLATTED
AND RECORDED IN BOOK 16, PAGE 24 OF PLAT RECORDS OF LANE
COUNTY, OREGON, AND DECLARING AN EMERGENCY.
Section 3: The findings in the staff report for 10. No. 95-12-230 are hereby made
part of this ordinance by reference.
Section 4: It is hereby found and declared that matters pertaining to the vacation of
a portion of this easement are matters affecting the public health, safety and welfare of the
City of Springfield and that this ordinance shall, therefore, take effect immediately upon its
passage by the Council and approval by the Mayor.
Section 5: The City Recorder is directed to file certified copies of this Ordinance
with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor.
Ordinance 5806
Page 1
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ADOPTED by the Common Council of the City of Springfield this 5th day of
February, 1996, by a vote of L for and JL against.
APPROVED by the Mayor of the City of Springfield this 5th day of February, 1996
fdI~
Mayor
Attest:
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City Recorder
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Ordinance 5806
Page 2
ATTACHMENT B
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V ACA nON REQUEST
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STAFF REPORT AND FINDINGS
APPLICANT
City of Springfield, Traffic Engineering Division - - Jo, No, 95-12-230
REQUEST
Conduct a public hearing and adopt an Ordiance (Attachment B) vacating a portion of a public utility
easement: the easterly 4 feet of the Westerly 7 feet oflot 3 in block 1 of Freeman's Addition to Springfield
as platted and recorded in book 16, page 24 of plat records of Lane County, Oregon, and declaring an
emergency,
DISCUSSION
The existing 7 foot easement runs along the western property line of Assessors map 17032543 Tax Lot
2900, The parcel is located at 2144 "L" street and zoned LDR. The parcel has an existing house which is
currently encroaching upon the portion of the easement proposed to be vacated, An easement was obtained
by the Traffic Engineering Division to accommodate a street light requested by the neighborhood,
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It was discovered after the easement agreement was signed that the existing house encroaches upon 4 feet
of the 7 foot easement. Vacation of the 4 foot portion that the existing house is encroaching on is being
requested, Three feet of the existing easement is to be retained, While 7 feet is the standard requested by
the City for easements, the Traffic Engineering Division states that the street light pole can be installed and
maintained within the 3 foot easement,
The emergency clause is being requested for this easement vacation, The obtaining of an easement
encroaching upon an existing house was inadvertently done and the City wants to clear this issue up as
soon as possible, The City does not want to cause any inconvenience to the property owner,
SPRINGFIELD DEVELOPMENT CODE CRITERIA
Section 9,030 ofthe 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 Metro Plan is a general plan which does not specifically discuss easements, However, the request is
consistent with the Metro Plan text regarding the provision of key urban services, Easements are typically
required during the building permit process, the development process through the Springfield Development
Code, at the time of subdivision approval, or by individual utilities, In this case, the applicant has
recorded an easement for the placement of a street light near the intersection of "L" and 21 st. The
Springfield Development Code is in compliance with the Metro Plan, The request is for the vacation of an
easement, not a street vacation. Transplan is not affected by this request. No conceptual plans apply to
this request.
. Staff fmds this criterion has been met.
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(2) THERE ARE NO EFFECTS ON ACCESS, TRAFFIC CIRCULATION, AND EMERGENCY
SERVICE PROTECTION, OR ANY OTHER PUBLIC BENEFIT DERIVED FROM THE
EASEMENT, RIGHT OF WAY OR PLAT.
There are no utilities under the easement proposed to be vacated, The vacation of 4 feet of the 7 foot
easement will have no negative effect on access, circulation, emergency service protection, or any other
public benefit derived from the easement.
Staff finds this criterion has been met.
CONCLUSION
The request to vacate 4 feet of the 7 foot-wide easement is consistent with the criterion of Section 9.030 of
the$pringfield Development Code, all requirements ofORS 271.080 have been completed and legal notice
of the public hearing for this request has been provided,
RECOMMENDA TION
Staff recommends that the Springfield City Council approve this vacation request based on the findings in
this staff report,
ACTION REQUESTED
Adoption of the attached vacation Ordinance,
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3 FOOT EASEMENT-TO BE RETAINED
4 FOOT PORTION TO BE V ACA TED
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