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HomeMy WebLinkAboutOrdinance 6020 07/15/2002 . . . 'J' ~', VAcA.:"\ION OF '?uE ORDINANCE NO. 6020 AN ORDINANCE VACATING A CERTAIN PUBLIC UTILITY EASEMENT CENTERED ON THE LINE COMMON TO LOTS 7 AND 8, "COMMERCIAL PARK", FILE 73, SLIDE 503, LANE COUNTY PLAT RECORDS AND THE 14' WIDE PUBLIC UTILITY EASEMENT DESCRIBED IN INSTRUMENT NO 82-06981, LANE COUNTY OREGON DEED RECORDS, IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON WHEREAS, the Springfield City Council has declared its intention to vacate a 14-foot wide public utility easement in the City of Springfield; and WHEREAS, the application for vacation was submitted in conformance with the provisions of ORS 271.08,0 et. seq., and with the provisions of Article 9 VACATIONS of the Springfield Development ~~;~ . WHEREAS, the findings and testimony submitted by the applicant and those in support of this vacation satisfy the criteria of approval for vacations found in Section 9.030 of the Springfield Development Code; 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 I st day of July, 2002, (First Reading) and on Monday the 15st day of July (Second Reading) at the hour of 7 :00 p.m., to hear any objections to the proposed vacation and -0... persons appeared to object; , NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: Section I: The Council finds that the legal notice of the hearing was lawfully published and posted; that ~ objections were made at the vacation hearing held; that the public interest will not be impaired by the vacation ofthis easement, and that vacation of said easement will be in the best interest of the public and increase the benefit of the ,property involved. Section 2: The public easement in the City of Springfield, as described in Attachment A of this Ordinance, is declared to be vacated. . , Section 3: The findings adopted by the City Council in support of the easement vacation, 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. AI":TER RECORDING RETURN TO: C lrYOF <:;.,orzINCi-.PI6"I-D z. -z s- FI F7J.f Sf rpR/IIIGFfPt./J ) O~ '}7'f7'J ' ORDINANCE ~O PAGE 1 PA~ 01.. . . . C'( Section 5: It is a further condition of this vacation that nothing herein contained shall cause or require removal of or abandonment of any sewer, water main, gas main, conduit of any kind, pole or thing used for or intended for any public service. The right is hereby reserved for the owner of any such utility or thing to access, maintain, continue, repair, reconstruct, renew, replace, rebuild and enlarge any and all such things under existing or future easements. ADOPTED by the Common Council of the City of Springfield this 15th day of July, 2002 by a vote of ~ for and ~ against. APPROVED by the Mayor, of the City of Springfield this 15th day of July, 2002. ~. ATTEST: l ~~ / (~D.lYA'- City Recorder State of Oregon ) )ss. County of Lane ) REVIEWED & APPROVED AS TO FORM _~a,,>~-J'\'~...J L~,~ DATE: --k.l \~ ~ 2002. . OFFICE OF CITY ATTORNEY _ OFFICIAL SEAL . JULIE M WILSON \ } NOTARY PUBLIC - OREGON '",~ <,.... COMMISSION NO. 397943 . MY COMMISSION EXPIRES OCT 4, 2009 This instrument was acknowledged before me on dLt ~ \ 5f- -z,D02- by Sidney W. Leiken as Mayo the City of Springfield. d~~IV\,~ NO~ARY PUBLIC FOR OREGON My commission expires: Oc..kD \o-e.r .q I 2c:f)9 ORDINANCE Page 2 . Q . ,) l ATTACHMENT A LEGAL DESCRIPTION OF PROPOSED EASEMENT VACATION Commencing at the 5/8 inch iron rod marking the Southwest corner of Lot 7, COMMERCIAL PARK, as platted and recorded on File 73, Slide 503, Lane County Oregon Plat Records; thence North 50007'40" East along the line common to Lots 7 and 8 of said COMMERCIAL PARK, 5.00 feet; thence North 39052'20" West, 7.00 feet to the TRUE POINT OF BEGINNING; thence North 50007'40" East, 160.00 feet; thence South 39052'20" East, 14.00 feet; thence South 50007'40" West, 160.00 feet; thence North 39052'20" West, 7.00 feet to the PointofBeginning, containing 0.05 acres, more or less, all in Lane County, Oregon. . . . . . , ---~- - ._--~-_.- ---~. -- - /' Division 0' Chie' Depuly Clerk 2Me."3311" I Lane Counly Deeds and Records UUg U U - - - - - - -- 1/1" 111111111 111111I ""I " II III I"" 11111111111 $41. 00 00805969200600331100040044 2 05/1 /2006 11:00:27 AM RPR-VAC Cnl=l Sln=6 CASHIER 07 $20.00 $10.00 $11.00 '---- - - '---~---- ,- - - ,- -- -- - - - ~ -, - - -- - - - - '----- --.-"-