The URL can be used to link to this page

Home My WebLink AboutOrdinance 5686 05/03/1993 (2) " : O{~. , .."-.). -.... . .-~ . 9335033 5686 (SPECIAL) ORDINANCE NO. AN ORDINANCE VACATING THE SOUTHERLY 2 1/2 FEET OF A 20-FOOT WIDE SEWER TRUNK EASEMENT. AS RECORDED IN REEL 201. INSTRUMENT NUMBER 79968. LANE COUNTY. OREGON DEED RECORDS; AND THE SAME PORTION OF A COTERMINOUS 20-FOOT WIDE PUBLIC UTILITY EASEMENT THAT IS CENTERED ON THE BOUNDARY LINE COMMON TO LOTS 2 AND 3. AND ON THE BOUNDARY LINE COMMON TO LOTS 7 AND 8. MICHELLE EAST SUBDIVISION. AS PLATTED AND RECORDED IN FILE 73, SLIDE 212. LANE COUNTY. OREGON PLAT RECORDS. WHEREAS. the Springfield City Council has declared its intention to vacate a portion ,of a 20-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 progf~ms for the general. dev~lopment of the City; and WHEREAS. lawful notice of the proposed vacation was published and posted; and I I WHEREAS. the Springf,ield City Council met in Council Chambers. at 225 Fifth Street. on Monday. the 3rd day of M,ay. 1993. at the hour of 7:30 p.m.. to hear any objections to the proposed vacation and ~ persons appeared to object; I NOW. THEREFORE. THE CITY COUNCIL DOES ORDAIN: !~~~JUN.09~93#03REC 25.00 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 portion of an easement to be vacated: The South 2.50 feet o~ the North 10.00 feet of Lot 3, Michelle East as platted and recorded in File 73, Slide 212, Lane County Oregon Plat Records in Lane i '. . County, Oregon. EXCEPT: The West 7.0 feet and the East 5.0 feet thereof. I ALSO: The South 2.501 feet of the North 10.00 feet of Lot 7, Michelle East .as. platted and recorded in File 73, Slide 212, Lane County Oregon Plat Records in Lane County, Oregon. EXCEPT: The West 5.0 feet and the East 7.0 feet thereof. The above descri bed parcels of 1 and were also ded i cated as a sanitary sewer easement by instrument recorded August IS, 1962 on Reel 201, Reception No. 79968. It is the intent of this document that the portion of said sanitary sewer easement recorded Aug~st 15, 1962, Reel 201, Reception No. 79968 and described above shall also be vacated. , ORDINANCE 5686 Page 1 ~erlJfl.N TO ~ LIT"j c,:::- "SP~IN6 t=l6:L.O Z'Z5 FI,:rl/ srlZlEBT :SfflJ1\I6 QIEL.. ~ 0 f2 97'177 9335033 . Section 3: The findings in the attached staff report (Jo. No. 93-03-38) are hereby rnade 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. ADOPTED by the Common Council of the City of Springfield this 3rd day of May, 1993, by a vote of ~ for and --L against. APPROVED by the Mayor of the City of Springfield this 3rd day of May, 1993. I, Eileen Stein, being first duly sworn, say that Bill Morrisette signed this ATTEST: ordinance with his name thereto in my presence. 'Subscribed and sworn to before me this day of . ~~ - ~i -- Mayor . . ~~ . City Recorder .~, / ~~l::\nr:';,'tT.. 8. t~rpr.iOVb.:D r r"> -'0' "'010>'\.0 ~.)~\~.vi ~ \.(SA~ 'c.. ._.__";1-"'::;, __~ LI.Tk:: ~~n1'-'~~_1 l'f13= OFFlC~F Or- Cfrv ATTORNEY (;~T\' C.;. S;);iINGFlELD .--; ORDINANCE' 5686 Page 2 " .'--, .-- .- .., EXHIBIT B 9335033 VACATION REQUEST STAFF REPORT AND FINDINGS JOURNAL NUMBER 93-03-38 APPLICANT John Elmenhurst REQUEST The applicant is requesting vacation of the southerly 2 1/2 feet of a 20-foot wide public utility easement that is centered on the common property line of Tax Lots 302 and 303, and Tax Lots 307 and 308, on Assessor's Map 17-02-34-42 (also described as Lots 2, 3, 7 and 8 of Michelle East Subdivision). The applicant states that the reason for the request is to allow for the construction of wider residential units. SITE INFORMATION The subject property is located on a cul-de-sac off North "A" Street, between 65th Place and 66th Street. The Metro Plan designation and zoning of the subject property are Medium Density Residential (MDR). BACKGROUND Utilities within the easement are as follows. There are no utilities within the southerly 2 1/2 feet that are proposed for vacation. UTILITY SIZE LOCA TION Sanitary Sewer 1 foot north of property line Storm. Sewer on property line Telephone 1 foot south of property line Water none none Gas none none Television Cable none on property line STAFF REPORT AND FINDINGS Page 1 Jo. No. 93-03-38 5686-3 ~...\ ,/ ..... ."'\.. -_. I-~'" ",. .~~ ;"",) 9335033 " ,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 does not specifically address vacations of public utility easements. This vacation request is consistent with Metro 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. (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. The City's Public Works Department and the affected service providers have determined that, given the location of the existing utilities relative to the portion proposed for vacation, approval of the request will not negatively affect the public benefit derived from the easement. The remaining 1 7 1/2 feet will be adequate for future maintenance, replacement or installation of utilities. . 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. 93-03-38 5686-4 {?-f.., .... ~ : ,: .-; .. . I .r- Ul lD ....c::=- . .. r-: _."_-'0_- -J, I l- lD ill "" ~O;) ~IGH\'IAY Me. \<eN Z Ie.. . .- " b . y<<tiDl""l VAU~ tM. I' -" ... I '.:.. / +0 \?e- , r J-tr - ?c:;;\A,\"'n '2-f-z, ~\ State of Oregon, County of Lane-55. I, the County Clerk, in and for the s~id County, do hereby certify that the wlthm instrument was received for record at M M. ~4 In ~ '" .,' 9 JL~-1 93 1B 18 Reel 1854R ~; Lane County OFFICIAL Records. Lane County Clerk 4d , o. o - . \, By: [,- \ 9335033 EXHIBIT C ~o ,\ ..~ ~ ~. ~ ~~ ~~~.J:= .z"Y.~.: .;.L"'~~. I JJ 7T'" ~. 7/. p.,ttl I~L. I J ~ ~ I J ~ 'b I ;>'1 ~ ~ :~ "II ~ '" 9 l"i I.~ ~ I~ " I \ :i . I_~ ~I I '-1'1 L _ _ _,-/.;"';}i J r -.f"'; .~..:: t= t h. 5' ,;"'L:a . ..fc!r~';:=, ~.~ . pre..?' l ~ ~~.:'..:.."O..:~. Z/"... ~. I.!. .:r.--r /::) . T I //N.f/ Co 7r.~ I j ~ I I ~ ~ J '01 'l ~ \1 / ~ ., '" " ~ a.. \ ., I\: .~ I \; I ~ I ., .. "l 1-.., . I ,uo,erN 7..-c...""l::::7 l ~ I ~ -.: ! ...f ~...~ .~ <= I :l , ~. ~ '. . ~. :'f -.; ., ~ ':'. " -., r l' I ~ . I - -~' "-I ~. , < ,I "( ~I I I I I I I _ ..::::..c':' 0 , .: -- .:: '1 ' - - - ~""-fl,:)} I \ I \ I \ , ~~ 1 ~'1 -: I ~,I I-~"\l .: ~3 I I ~~ ~I .~^ I I .~\~ i_ -. - - - - ~ I( 4 ~'~:'3 i .~.~ r .. ~" t:-." : .3 , '. ..; ~ : ~ ~ ~ '" . 5686- 5 B ~ I I B ~ " ~ I ~)oJ ......,~,I""( 5- ...-,..:c.;..... ~ \ I I ~ rrs~~~r .;;. I ~ I'(;~' ~ ~ L____.-J L____------ ~c:o /??/90 "I 1:; '71, :;- I '~I ~. , II " .;v A - ..:>r~~T ,,(/0- ,; .ro- a~~ j ~ !~ :~ -.. '.. i i :~ tit: ll- .. I I ..., .. I .. i: ':.. ~i I~ ~ , I' ., ...... ~II)! b f" -..J ~ . ~ .' ~I ':; s " { . I .~: I. ~ ..:. IS ~ :'1 7 ;J \)l I~ ,; "I I -. ""' I '~ I '< I (i I ~ L -~L -".......' J ~ - -./...... ..;- - J ~r- ~E~':.,c.,r r -, if I Lf, I " ., "p .J I~ I" "" " I;) ~ It- - f I I I r I~ "- 't I _-1 /0../'