HomeMy WebLinkAboutResolution 10-04 01/19/2010
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RESOLUTION
No ~ 10-04
A RESOLUTION DECLARING CERTAIN REAL PROPERTY OWNED BY THE
CITY OF SPRINGFIELD SURPLUS AND DIRECTING THE CITY MANAGER
TO OFFER SUCH PROPERTY FOR SALE
WHEREAS, by Bargain and Sale deed recorded July 28,1986, in Reel 1412R,
Reception No. 8628300, Lane County Official Records in Lane County, Oregon, the
City of Springfield acquired a certain parcel to be dedicated for the use of a public road,
that is known as a portion of South 58th Street and shown on Tax Assessor's Map
17023344, located in Lane County as described in attached above said deed, Exhibit A,
(the "Property") of which exists a surplus p-prtion no longer being used as more
particularly described in attached Exhibit B; and
WHEREAS, said parcel was acquired from Roger M. Van and the C. J. A.
Family Trust and R. M. V. Enterprises Inc. in fee simple absolute, and was therein
dedicated to the public to be used as public road; and
WHEREAS, the creation of the Bob Straub Parkway included a portion of the
above said land acquired by deed, Exhibit A; and
WHEREAS, a portion of the Property was no longer used for public road
purposes with the construction of the Bob Straub Parkway from the intersection of Daisy
Street - South 5ih Place to the Bob Straub Parkway as described in attached Exhibit B;
and
WHEREAS the City wishes to retain to retain a 10 foot wide Public Utility
easement along the termination of the property described in Exhibit B at the intersection '
with Daisy Street - South 5ih Place right of way; and
WHEREAS the City retains the right of access to the Bob Straub Parkway
precluding the use of access to Bob Straub Parkway by all others in the future; and
WHEREAS, the City Manager has advised the Council that the Property is a
remnant which is not needed for public use; and
WHEREAS, pursuant to ORS 271.310, the City is authorized to sell or otherwise
dispose of property which is not needed for public use where the City's ownership is not
limited or qualified nor is the use of such real property restricted and the Council has
determined that the property is not needed for public use; and
WHEREAS, in the event the City of Springfield desires to dispose of public
property which is not needed for public use it is required by ORS 221.725 to give not less
Attachment 1
Page 1 of2
than five days public notice which notice shall state the time and place of a public hearing
concerning the proposed sale, a description of the property or interest to be sold, the
proposed uses for the property and the reasons why the city council considers it necessary
or convenient to sell the property; and
WHEREAS, Springfield Municipal Code Section 2.714 provides that the City
may dispose of surplus property by any means determined to be in the best interest of the
city with due regard for the value the city will receive from the disposal of the surplus
property;
NOW, THEREFORE, BE IT RESOLVED, THAT The City Council hereby
finds and determines that the Property is not needed for public use; and
BE IT FURTHER RESOLVED, that the City Manager is directed to provide
written notice to owners of any abutting property and to advertise in a paper of general
circulation that the City has determined the Property is not needed for public use and that
the City will entertain any offers in writing for purchase of such property, provided such
offers are accompanied by professional market analysis or appraisal demonstrating that
the offer reflects the real market value of the property; and
BE IT FURTHER RESOLVED, that the City Manager is directed to review any
offers for purchase of the property and may in his discretion secure a review of the
market analysis or appraisal by independent competent appraiser, and if such offers be
received, schedule, pursuant to ORS 221.715, a public hearing at such time as he shall
determine convenient to permit the Council to take testimony and consider such offers;
and
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon
adoption by the Council and approval by the Mayor.
Adopted by the Common Council of the City of Springfieldj Rregon, by a vote of
~ for and ~ against, this 19th day of January ,20@9:.
ATTEST:
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Attachment 1
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10-04
RESOLUTION NO. ~
8C28Jflt) E u 8 A
'r\~ )t,,1 I~, 12-33-44 01600
"-OD Bargain and Sale Deed C<-I 72- 'iff'
/(Nm/ ^LL NEN BY THESE PRESEflTS, Tha ~ -12.0 a p vi \V\ .\/0,1,,) A-rJ J:::., '111-e_
C~~ ~ {'~ 'L\.i '- ~LJ ._.~ M.~ ~ 11 Jff~~ /;/C.}
Grantor ,in cons~deration of the acceptance by he Ci y of SpringfieldJ Oregon, Grantee,
and theuse or holding of said property for present or futur'e public use by grantee,
grantor hereby grants J bargains, sells and conveys unto tile said 9rantee, its SlJccessors
and assigns, all the follO\Jing real property, \'Jith the tenements, hereditaments and
appurtenances, situated in the County of Lane and State of Oregon, bounded and described
a s f 0 1 1 o\': S :
See Exhibit 'A'
9365AOOl 07/28/86ELT 10.00
lH0002**
9365AOOl 07/28/86PFND 10.00
**0002**
The same hereby and forever dedicated to the public to be used as public road.
TO HAVE ArlO TO' HOLD I the above des crihed and granted premi ses un to the sa; d grantee,
its successors and assigns forever.
The monetary consideration for this conveyence is O'l1't~...v -1V\~ lv1oJJe\l
I
set their hands and seals
IN WITNESS WHEREOF, the grantors above named have hereunto
this' ~ 't"^ day of -I'lt \.j ,19-.t0_
,f ) . ,,/ /)
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State of Oregon, County of If-lltJe ,55 Personally appeared "Ofe"'4above named and
acknovl1edged the foregoing instrument to be /-I-'-S voluntary act and deed.
Before me: ~
DATED: J vA.!....__ ~ A.D. 19Jk ~ Q}1tUMl E /!:vlf.l __.__.
ru- flotary Pub 1 i c for Ol.egon
(SEAL)
(SEAL)
Return to:
City Engineer
Public \-lorks
4th & Horth '^' Stre~ts
Srringfield, C!'egon 97417
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't'ly Conulli S s ion E xp ires:
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EXH I BIT 'A 1 ~.
8C28300
Beginning at a point which bears South 00000127" West 2202.39 feet and South
8905711511 East 20.0 feet from the Northwest corner of the Stephen D. Gager
Donation Land Claim, No. 45 in Township 17 South, Range 2 West of the l~i1lamette
Meridian and run thence North 00000'2711 East parallel with the west line of
said Stephen D. Gager Donation Land No. 45 a distance of 460.12 feet; thence
South 89045'03" East 10.00 feet; thence South 00000'27" Hest'460.08 feet; thence
North 89057115" West 10.00 to the point of beginning in Springfield, Lane County,
Oregon.
ALSO: Beginning at a point which bears South 00000'27" West 2202.39 feet and
South 89057'15" ~ast 30.0 feet from the Northwest corner of the Stephen D. Gager
Donation Land Claim No. 45 in Township 17 South, Range 2 Hest of the Willamette '
Meridian and run thence North 00000'27" East 10.93 feet; thence along the arc
of a non-tangent 530.0 foot ra9ius curve rig~t (th~ chord of whichbears' North
38046'38" East 206.66 feet) a distance of 208.00 feet; thence along the arc
of a 25.0 foot radius curve left (the chord of which bears North 00040'291' West
33.69 feet) a distance of 44.24 feet; thence along the arc of a 70.0 foot radius
curve left (the chord of which bears North 70040'5111 West 46.30 feet) a distance
of 47.19 feet; thence North 89059'3311 West 70.26 feet; thence along the arc of a
15.0 foot radius curve left (the chord of which bears South 45000127" West 21.21
feet) a distance of 23.56 to a point which is 30.0 East of the West line of the
Stephen D. Gager Donation Land Claim No. 45; thence North 00000'27" East parallel
with the West line of said Stephen D. Gager Donation Land Claim a distance of
90.00 feet; thence along the arc of a 15.0 foot radius curve left (the chord
of which bears South 44059'33" East 21.21 feet) a distance of 23.56 feet; thence
South 8905913311 East 70.26 feet; thence along the arc of a 130.0 foot radius curve
right (the chord of which bears South 65046'1511 East 106.67 feet) a distance of
109.91 feet; thence along the arc of a 25.0 foot radius curve left (the chord
of which bea-rs South 84024'14" East 34.01 feet) a distance of 37.40 feet; thence
North 52044'30" East 196.21 feet; thence along the arc of a 470.0 foot radius
curve left (the chord of which bears North 26022'281' East 417.47 feet) a distance
of 432.58 feet; thence North 00000'27" East 275.68 feet to Grantor's North line;
thence South 89045'091' East along said North line 60.00 feet; thence leaving
said North line and run South 00000'2711 West 275.42 feet; thence along the arc
of a 530.0 foot radius curve right (the chord of which bears South 26022'2811
West 470.77 feet) a distance of 487.80 feet; thence South 52044'30" West 195.81
feet; thence along the ,arc of a 25.00 foot radius curve left (the chord of which
bears South 08006' 19" West 35.13 feet) a distance of 38.95 feet; thence along
the arc of a 260.0 foot radius curve right (the chord of which bears South
18010'27" East 162.19 feet) a distance of 164.94 feet; thence South 2.80 feet
to the North line of Sprins Oaks as platted and recorded in File 73, Slide 252.
Lane County, Oregon Plat Records; thence North 89057115" West along said North
line 60.0 feet; thence leaving said North line and run North 2.76 feet; thence
along the arc of a 200.0 foot radius curve left (the chord of which bears North
17047'07" West 122.18 feet) a distance of 124.16 feet; thence along the arc
of a 25.0 foot radius curve left (the chord of which bears North 83001'46" West
36.84 feet) a distance of 41.42 feet; thence along the arc of a 470.0 foot
radius curve left (the chord of which bears South 39041112" West 160.39 feet)
a distance of 161.18 feet to the aforesaid North line of Spring Oaks; thence
North 8905711511 West along said North line 62.38 feet to the point of beginning
in Springfield, ,Lane County, Oregon.
Bearings in this description are based on C.S. Ho: 23418 Filed in Lane Coun~y
Surveyor's offi~e.
In addition Grantor's convey onto the City of Springfield a 10.0 wide public
utility ~asement adjoining all right-of-way herein dedicated as pUblic roadway.
Attachment 2 Page 2 of 2
-# /8/7 E21S1
Exhibit 8
A portion of South 58th Street in Springfield, Oregon, Bounded by the Southwesterly right of way
of Daisy street and the Easterly right of way line of the Bob Straub Parkway, located in Section
33, Township 17 South, Range 2 West of the Willamette Meridian, being more completely
described as follows:
Beginning at the intersection point of the Northwesterly Right of way of South 58th Street with
the Easterly right of way line of the Bob Straub Parkway, said point being the most Southerly
boundary point of a Boundary Survey for EHL Property LLC, filed in the Office of the County
Surveyor, in Lane County, Oregon as County Surveyor File No. 41013 on April 28, 2008; thence
along the boundary of the above said segment of the South 58th Street right of way the following
6 courses:
1) thence along the Northwesterly right of way of South 58th Street with a non-tangent
curve turning to the right with an arc length of 145.28 feet, with a radius of 530.00 feet,
with a delta angle of 150 42' 21 ", with a chord bearing of North 420 04' 27" East, with a
chord length of 144.83 feet;
2) thence continuing along the Northwesterly right of way of South 58th Street to a point of
intersection with the Southwesterly right of way of Daisy Street, with a reverse curve
turning to the left with an arc length of 32.99 feet, with a radius of 25.00 feet, with a delta
angle of 750 36' 00", with a chord bearing of North120 08' 51" East, with a chord length of
30.65 feet;
3) thence leaving the Northwesterly right of way of South 58th Street and along the
Southwesterly right of way of Daisy Street, South 38035' 06" East a distance of 103.17
feet to a point of intersection with the Southeasterly right of way of South 58th Street;
4) thence along the Southeasterly right of way of South 58th Street, with a non-tangent
curve turning to the left with an arc length of 38.81 feet, with a radius of 25.00 feet, with
a delta angle of 880 56' 36", with a chord bearing of North 860 02' 40" West, with a chord
length of 35.03 feet;
5) thence continuing along the Southeasterly right of way of South 58th Street, with a
compound curve turning to the left with an arc length of 161. 18 feet, with a radius of
470.00 feet, with a delta angle of 190 38' 55", with a chord bearing of South 390 39' 31"
West, with a chord length of 160.39 feet to a point of intersection with the Easterly right
of way of the Bob Straub Parkway;
6) thence leaving the Southeasterly right of way of South 58th Street and along the Easterly
right of way of the Bob Straub Parkways, North 250 25'1 2" West a distance of 71.13
feet to the Point of Beginning, having an area of 10926 square feet or 0.251 acres more
or less.
Retaining there from a 7 foot wide Public Utility easement along the Southwesterly Daisy Street
right of way as described above in course 3.
The basis of bearing for this description is the Boundary Survey for EHL Property LLC, filed for
record in County Surveyor File No. 41013 on April 28, 2008, in the Office of the County
Surveyor, in Lane County, Oregon.
Attachment 3
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