HomeMy WebLinkAboutOrdinance 5638 06/01/1992
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9708754
ORDINANCE NO.
5638
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AN ORDINANCE VACATING THE PUBLIC RIGHT OF WAY BEGINNING AT A POINT
NORTH OF 0.0. 24' EAST OF THE NORTHWEST CORNER OF THE D. ARTHUR DONATION
LAND CLAIM NO. 47 IN TOWNSHIP 17 SOUTH, RANGE 2, WEST OF THE WILLAMETTE
MERIDIAN; RUN THENCE NORTH 0.0. 04' EAST 31.13 FEET; THENCE NORTH 89.0. 24' EAST
120 FEET; THENCE SOUTH 0.0. 04'WEST 31.13 FEET; THENCE SOUTH 89.0. 24' WEST 120.0
FEET TO THE POINT OF BEGINNING IN LANE COUNTY, OREGON. EXCEPT THE WEST 15
FEET WHICH LIES WITHIN 42ND PLACE AND RESERVING A PUBLIC UTILITY EASEMENT.
WHEREAS, the Springfield City Council has declared its intention to vacate a 31.13
by 120 foot parcel, containing 3,735.60 square feet, except the west 15 feet which lies
within 42nd Place, in 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 May, 1992, at the hour of 7:30 p.m., to hear any objections to
the proposed vacation and ~ persons appeared to object;
WHEREAS, it is in the best interest of the City to retain a public utility easement over
the property vacated.
Q22gFEB.l0'97n01REC 10.00
NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN:
Section 1: The Council finds that the legal notice of the hearing was lawfully published
and posted; that ---D- objections were made at the vacation hearing held; that the public
interest will not be impaired by the vacation of this public right-of-way, and that vacation of
said right-of-way will be in the best interest of the public and increase the benefit of the
property involved.
Section 2: The following described parcel to be vacated:
All that portion of 31.13 by 120 foot parcel, containing 3,735.60 square feet, except the
west 15 feet which lies within 42nd Place, in the City of Springfield. More particularly
described as follows:
BEGINNING AT A POINT NORTH OF 0.0. 24' EAST OF THE NORTHWEST CORNER OF THE D.
ARTHUR DONATION LAND CLAIM NO. 47 IN TOWNSHIP 17 SOUTH, RANGE 2, WEST OF
THE WILLAMETTE MERIDIAN; RUN THENCE NORTH 0.0. 04' EAST 31.13 FEET; THENCE
NORTH 89.0. 24' EAST 120 FEET; THENCE SOUTH 0" 04'WEST 31.13 FEET; THENCE SOUTH
89.0. 24' WEST 120.0 FEET TO THE POINT OF BEGINNING IN LANE COUNTY, OREGON.
EXCEPT THE WEST 15 FEET WHICH LIES WITHIN 42 PLACE AND RESERVING A PUBLIC
UTILITY EASEMENT.
Section 3: The findings in. the attached staff report (Jo. No. 92-02-39) are hereby
made part of this ordinance by reference.
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ORDINANCE
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Ordinance No. 5638 - Page 2
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9708754
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Section 4: 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 or repair, reconstruct,
renew, replace, rebuild, enlarge any and all such things under existing or future easements.
Section 5: The following Public Utility Easement is reserved BEGINNING AT A POINT
NORTH OF OA 24' EAST OF THE NORTHWEST CORNER OF THE D. ARTHUR DONATION
LAND CLAIM NO. 47 IN TOWNSHIP 17 SOUTH, RANGE 2, WEST OF THE WILLAMETTE
MERIDIAN; RUN THENCE NORTH OA 04' EAST 31.13 FEET; THENCE NORTH 89A 24' EAST
120 FEET; THENCE SOUTH OA 04'WEST 31.13 FEET; THENCE SOUTH 89A 24' WEST 120.0
FEET TO THE POINT OF BEGINNING IN LANE COUNTY, OREGON.
Section 6: The City Recorder is directed to file the certified copies of this ordinance
with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor.
ADOPTED by the Common Council of the City of Springfield this 1 st day of June,
1992, by a vote of ~ for and ~ against.
APPROVED by the Mayor of the City of Springfield this 1 st day of June, 1992.
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Mayor
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"I, Eil een Stei n , being first duly sworn, say that Bi 11 Morri sette
signed this document in my presence. Subscribed and sworn to me this ~ day of June,
19~."
State of Oregon
County of Lane - ss.
I, the County Clerk, in and for the said
County, do hereby certify that the within
instrument was received for record at
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Lane County OFFICIAL Records
Lane County Clerk
By:
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ORDINANCE
Page 2
County Clerk