HomeMy WebLinkAboutOrdinance 5679 03/15/1993
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ORDINANCE NO,
5679
(SPECIAL)
AN ORDINANCE VACATING A 10-FOOT WIDE PUBLIC UTILITY EASEMENT, AS
RECORDED IN REEL 986, INSTRUMENT NUMBERS 7921286AND 7921287, LANE COUNTY,
OREGON DEED RECORDS, THAT IS CENTERED ON THE BOUNDARY LINE COMMON TO
LOTS 12 AND 13, FISHER'S PLAT, AS PLATTED AND RECORDED IN FILE 73, SLIDES 173
AND 174, LANE COUNTY, OREGON PLAT RECORDS, AND DECLARING AN EMERGENCY.
WHEREAS, the Springfield City Council has declared its intention to vacate a 10- foot
wide public utility easement 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 15th day of March, 1993, at the hour of 7:30 p,m., to hear any objections
to the proposed vacation and -'L- persons appeared to object;
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 ~ objections were made at the vacation hearing held; that the public
interest will not be impaired by the vacation of this public utility 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 following described easement to be vacated:
Beginning at the Southeast corner of Lot 13, FISHER'S PLAT,
as platted and recorded in File 73, Slides 173 & 174, Lane
County Oregon Plat Records; thence North 890 44' 00" West
6.98 feet; thence North 440 00' 03" West 164.19 feet; thence
along the arc of a 125.00 feet radius curve to the left (
the chord of which curve bears North 310 32' 32" East 10.33
feet) a distance of 10.33 feet; thence South 440 00' 03"
East 166.47 feet; thence South 00 04' 00" West 7.19 feet to
the Point of Beginning, in Lane County, Oregon.
Section 3: The findings in the attached staff report (Jo. No. 93-01-11) are hereby
made part of this ordinance by reference.
Section 4: 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.
ORDINANCE
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Ordinance No. 5679
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ADOPTED by the Common Council of the City of Springfield this 15th day of March,
1993, by a vote of ~ for and ---.!L against,
APPROVED by the Mayor of the City of Springfield this 15th day of March, 1993,
ATTEST:
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City Recorder I
r.L:\!~EWl;D [1 APPROVED
hS TO FORM
~~~j e::, <:, ,=,' v, .J L.<= A\-\' \
D/\TE: 2. .Ill c\ s
OFF~CE OF CiTY ATTORNEY
crrv or., SPFHNGFIELD
Ej?/l/!~
Mayor
ORDINANCE
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EXHIBIT B
VACATION REQUEST
STAFF REPORT AND FINDINGS
JOURNAL NUMBER
93-01-11
APPLICANT
Green Valley Co, of Oregon
REQUEST
The applicant is requesting vacation of a 10-foot wide public utility easement that runs
along the common property line of Tax Lots 1912 and 1913 on Assessor's Map 17-02-32-
31 (also described as Lots 12 and 13 of Fisher's Plat).
SITE INFORMATION
The subject property is located in the East Main Refinement Plan area, on Smith Loop, at
its southerly intersection with 43rd Place. The Metro Plan (East Main Refinement Plan)
designation and zoning of the subject property are Medium Density Residential (MDR),
BACKGROUND
The 10-foot wide easement is centered on the common property line of Tax Lots 1912
and 1913 (also described as Lots 12 and 13 of Fisher's Plat). The applicant has received
conditional approval of a Lot Line Adjustment (Jo. No. 92-09-180) to relocate the
southeast end of this line approximately 50 feet to the north. The approval of the Lot Line
Adjustment was conditioned upon City Council approval of a request to vacate the existing
easement, and upon dedication of an equivalent public utility easement along the new
(adjusted) common lot line. No utilities are located within this easement.
SPRINGFIELD DEVELOPMENT CODE CRITERIA
Section 9,030 of the Springfield Development Code sets forth criteria that must be met in
order to approve a Vacation 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 Metropolitan Plan and East Main Refinement Plan do not specifically address
vacations of public utility easements. This vacation request is consistent with
Metro Plan and East Main Refinement Plan text regarding the provision of key urban
services. The vacation does not affect the provision of key urban services for this
site or adjacent property. There are no existing utilities within this easement,
STAFF REPORT AND FINDINGS
Page 1
Jo, No. 93-01-11
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(2) THERE ARE NO NEGATIVE EFFECTS ON ACCESS. TRAFFIC CIRCULATION,
AND EMERGENCY SERVICE PROTECTION; OR ANY OTHER PUBLIC BENEFIT
DERIVED FROM THE EASEMENT, RIGHT OF WAY OR PLAT.
This vacation will have no effect on access, traffic circulation, emergency service
protection or any other public benefit. Staff has contacted the affected service
providers and determined that there are no existing utilities within this easement,
None of the service providers require a new easement along the new lot line,
CONCLUSION:
This Vacation Request is consistent with the criteria for approval set forth in Article 9,
VACATIONS, of the Springfield Development Code,
ACTION REQUESTED
Staff recommends that the City Council approve the Vacation request and sign the
attached Ordinance,
STAFF REPORT AND FINDINGS
Page 2
Jo. No, 93-01-11
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owner/Applicant:
Green Valley Co.~ofore9on
8. Nolan Scheid' \~
44 W.10th.
BUgene, Oregon 97401
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surveyor:
Plants & A.sociates
S4 centennial Loop
EU9.nelor~gon 97401
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