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HomeMy WebLinkAboutOrdinance 6049 04/07/2003 I All' ...' "," A"TER RECORDING RETURN TO: L.h... ~ ct .~ . . . ORDINANCE NO. 6049 (SPECIAL) 2ZI[ F~ Jt. ~~VV~~, OR 97477 AN ORDINANCE VACATING THE RIGHT-OF-WAY IDENTIFIED AS COUNTY RD. 221 BETWEEN 42ND STREET AND OLYMPIC STREET. WHEREAS, the application for vacation was submitted in conformanc~ with the provisions of ORS 271.080 et. seq., and with the provisions of Article 9-Vacations of the Springfield Development Code; and WHEREAS, the proposed right-of-way vacation was reviewed by the Development Review Committee and certain conditions were recommended to bring the request into compliance with the criteria for approving vacations found in Section 9.030 of the Springfield Development Code; WHEREAS, lawful notice of the proposed vacation was published m the Springfield News and posted at the tennination points of the right-of-way; and WHEREAS, the Springfield Planning Commission met on June 18th, 2002 and received a staff report that included findings which conclude the proposed right-of-way vacation satisfies the decision criteria found in Section 9.030 of the Springfield Development Code for approving plat vacations; and WHEREAS, the Springfield Planning Commission held a public hearing concerning the proposed plat line vacation on June 18th, 2002 and received no testimony in opposition to the vacation; and WHEREAS, the members of the Planning Commission considering the matter on June 18th voted unanimously to forward their recommendation that the right-of-way vacation be approved with the conditions stated in the staff report, to the City Council; 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, the Springfield City Council met in Council Chambers, at 225 Fifth Street, on Monday the 17th day of March, 2003, at the hour of 7:00 p.m., to conduct a public hearing and first reading of this ordinance concerning the proposed vacation; NOW, THEREFORE, THE City of Springfield, DOES ORDAIN, AS FOLLOWS: Section .1. The Council finds that the legal notice of the hearing was lawfuIIy published and posted; that the public interest will not be impaired by the vacation of this 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. ORDINANCE 6049 ;:'~; . J' ., ., . . . Section 2. The right-of-way in the City of Springfield, as described on the site map and in the property description which are together attached as Exhibit A of this Ordinance, is declared to be vacated. Section 3. The City Recorder is directed to file certified copies of this ordinance with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor. FURTHER, although not part of this Ordinance, the Springfield City Council adopts the findings set forth in the Staff Report which demonstrate confonnance of this amendment to the Metro Plan, applicable State statutes and applicable State-wide Planning Goals and Administrative Rules, and is attached as Exhibit B. ADOPTED by the Common Council of the City of Springfield this 7th day of Apri1 2003 by a vote of -.l- for and -0- against. Attest: ~~ City Recorder I;EVIEWED & APPROVED A~ TO F. ORM \ ~e.c-A ~ \A'ZP \""r-\ DATE: '3, \ \~ '-'2C03 OFFICE OF CITY ATTORNEY State of Oregon ) )ss. County of Lane ) This instrument was acknowledged before me on lip n 'I 1 I 0lJ)7J 8" by $ttLnf:f W - Lei ~ as Ua.~ or of ~ . Sf n Y7 j-hel cL an~fl~ NOTARY lijIBL C FOR OREGON My commission expires : 11"J--~-tf-trlJ~" OFPICJAL SEAL AMYlSOWA NOTARY PUBLIC OREGON COMMISSION NO. 352109 MY COMMISSION EXPIRES NOV 22, 2005 ORDINANCE fl04Q Page 2 of2 '. . . ' . .~ Division of' Chief' Depuly Clerk ~MA.nl~o~~ ' Lane Counly Deeds and Records 'UU, U wgw~ I . "'" 11111111I11111"" /111/1/111///111/111111111 $41. 00 00552819200400158590060063 I 03/05/2004 01:45:36 PM RPR-ORDN Cnl=1 Sln=7 CASHIER 07 , $30.00 $11.00 "-------- -------. --- ----- --- ----------- -- .- - . . - -. -- --- .._- ----- . . .~ ; DOT 18 2001 15:00 FR WEYCO FRST RES~LND US541 741 5308 TO 97263689 P.08/11 ..... iii . PROPOSED VACATION ROAD No. 221 VICINITY MAP .. ... ~ PROPSED ROAD No. 221 V A.CATION WEYERHAEUSER CO. Hf1M~c,e., S.P .R.R.INSU~"--;;- . ==-=--~ SPUR . ATTACHMENT 2-1 I OCT 18 2001 15:~0 .~~ WEYCO FRST RES-LND US541 741 5308 TO 97263689 09/~,1/99 FltI 09.:11 FA1.;)4 ~S:l889 \..LH .... .........---- . . ' . . . P.05/11 EXHIBIT "A" That portion of County Road 221 crossing and abutting that tract orland surveyed for S. W. F. Plywood by Orville O. Caswell, September 1. 1978 in County Surveyor's File No. 22134 being more particularly desaibed. as follows: Beginning at a point of intersection of the East line of a.bove said surVey with the Southerly right o!.way line of 4211d. Street, which b.C1l~ North 1" 54' 20" East (Survey Re~ord Bearing North OO~ 14' 23" East) 373.91 feet, ofthe Southeast oomer thereof; thence along the Southerly right of way 01: 42/ld Street, North 399 46' 56" West a. distance of 58.1 g feet; thence leaving the 42114 Street right of way, South S4045 '3111 West a distance of 51.76 feet; th~ca North 70031' 54" West a . . . dista:nce of130.64feet; thence along a.cuxve tumingtO the right \Vith an arc length 6f194.01 feet, with a radius of696.18 feet, with a chord bearing ofNorth6 2'" 32' 54" West, with acl10rd length of 193.38 feet; thence Nor.th 54033' 5411 West a distance of 54.30 feet; thence along a C1.11'Ve tuIlling to the right with an arc length of 400.50 feet, with a radius of 552.96 feet, with a chord bearing ofNorlh 33048' 56" West, with a chord length of391.81 feet; thence North 130031 57" West a distance of370.02 feet to a point on the Southerly right of way line of42ZlClStreet; them:e along Southerly 42no1 Street right of way, North 390 lOr 14" West a distm:lce of 199.00 feet; thence along a ~e tunrlng to the right with an are length of 141.37 feet, 'With a radius. of 2026.27 feet, with a ~ord bearing of North 370 10'19" West, with a chord length of 141.34 feet; thence leaving Southerly 42n4 Street right of way, along a curve turning to the right v.rith an arc length ofl43.75 feet, with. a radius of149.00 feet, with a chord bearing o!South 81058' 19" Vo/est, with a chord length of 138.24 feet; thenee along a l;UIVC turning to the right with an arc le:ngth of 195.97 feet, 'With a radius of 5490.30 feet. with a chord bearing ofNotth 69~22' 0311 W'est, with a chQrd length of 195.96 feet; thence ~orth 68 D21' 52" West a distaD.Ce of 224.08 feet; thence along a curle turning to the right with an an: length of 125.06 feet, with a,radius of 460.48 feet, with a chord bearing of North 60,D 35' 03" West, with a chord length of 124.67 feet to a. point on the s~utheasterlyright of way ofKathrjn Street; thence along the S~\.1the~lY right of way ofKathr.f.O. Street, South 68" 3 9' 05" West a distmoe of 62.80 f~t; thence leavmg th~ Southeasterly Kathryn Street right of W4'j, along a curve tuming to the left with an arc length of 151.86 feet, with a radius of811.17 feet, with a chQrd bearing of South 63 a 00' 51" East. with a c~ord length of 15 1.64 feet; thence South 68 D 23' 54'1 East a distance of 242.64 feet; thence alc~g a curve turning to the left -,vi'th an arc: le:ngth c:f307.S3 feet, '\'lI:ith a tiUiius of 5772.22 feet, with a chord bearing "fSouth 69c 55'28" E.ast. with a ehord length of 307.49 feet; thence South 2-2 541'7263689 PF;GE.04 ocr 18 2001 15:00 FR WEYCO FRST RES-LND USS41 7415308. C!.9/..2!/99 F~I 09:18 FAX 54,....6.35&11 ...u...... ......-.,... TO 97263689 P.06/11 . . . 710 27' 35" East a. distance of78.83 feet; thence a.long a curve turning to the right witb an arc . -~--_.- It;:ngth of 222.92 feet, with. a radius of 218. 73 fee~ with a chord bearing of South 4r 15' 40" East, with a chord length of213.40 feet; tllence South 130 03' 57" East a distance of310.02 feet; thence aloI1g a cu.rve turning to the left with an arc length of 429.48 feet, with a radius of 59:2.95 fi~et, with a chord bearing of South 3.30 48' 56" East, with a chord length of 420.15 feet; thence Souto 540 33' 54" ~ast a distance of 54.30 feet; thence along a curve turning to the left with an a:rc length of205.15 feet, with a tadius of73<5.18 feet, with a chord bearing of South 62032' 54" East, with a chord length of 204.49 feet; thence Sourh 70" 31' 54" East a distance of 176.53 feet; thence along a. curve tun'ling to the right with an arc length of 52.51 feet, with a radius of273.37 feet. with a. chord beanDg of South 6S D 01' 44" East, with a chord length of 52.43 feet; thence 1\'orth 01 D 56' 21" East a. distance of 60.33 feet; to the point qfbegiIming. all in Lane County, Oregon. '2-3 5417263689 PRGE.05 . Request for Vacation of a Right-of-Way Staff Report Date Submitted: March 22,2002 Journal Number: 2002-03-0088 . Applicant: Consultant List: . John Hammer Scott Morris P.O. Box 2266 Olson & Morris Eugene, OR 97402 1410 Oak Street, Suite 200 Eugene, OR 97401 Marshall Dannen Affected Property Owner Subiect Property RiQht-of-Way to be Vacated: Map # 17-02-31-00 Tax lot 101,17- Unused portion of County Road 221 (Old N 02-30 Tax lot 2201 Street) between 42nd Street and Olympic Street. Vicinity: West of 42nd and South of Olympic St. Plan and Zone DesiQnation Related Action: '-. Metro Plan: HI Subdivision Tentative Plan Springfield Zone: HI Jo. No. 2001-10-0193 Executive Summary Based upon the findings made with respect to the criteria for approving vacations of . rights-of-ways listed in Section 9.030 of the Springfield Development Code, staff recommends approval of the request with the following conditions: 1. The applicant shall reserve the following easements and access ways from the right-of-way vacation (See the Surveyor's Reservation List on page 7). 2. A new survey of the affected properties of the l.P Hammer Industrial Park Subdivision showing the corrected boundaries of the parcels affected by the vacation as well as the reserved areas listed in the Surveyor's Reservation List (see below) shall be submitted to the City Surveyor for approval. . 3. Once approved by the City Surveyor, the new survey showing shall be recorded with Lane County. Plat Vacation- Hammer ROW Vacation Jo. No. 2002-03-0088 March 17, 2003 ATTACHMENT 3-1 I. Overview of the Proposal . The applicant, John Hammer filed an application in October 2001 to subdivide Tax lot 101 as part of a larger subdivision plan. The subdivision tentative plan was approved on February 12,2002. The applicant indicated at that time that he intended to file fora. right-of-way vacation (ROW) for an abandoned segment of County Rd. 221 that cut across his property. Jurisdiction over the subject ROW was surrendered by the Lane County Board ofCOlpmissioners to the City of Springfield in February of 1965. Property redeemed from the vacation shall be added to the adjacent properties from whence the land was first acquired for the ROW. The subdivision was approved with the right-of- way in place. If the vacation is approved and land from the right-of-way is returned to the abutting properties, the affected property lines shall be adjusted to reflect the correct parcel boundaries. The Springfield Planning Commission held a public hearing on the vacation on June 18, 2002. The Commission voted to forward its recommendation of approval to the Council at the conclusion of the hearing. In the time since the Planning Commission action, staff and the applicant negotiated an agreement providing for the dedication of a multi-use path and the closure ofa driveway on 42nd Street. The agreement was approved by the City Council and signed by the applicant on February 13, 2003. The agreement is contingent upon approval of this right- of-way vacation by the City. . II. Procedural Requirements . Type of Procedure Vacation of a right-of-way is a Type IV procedure as specified in Section 3.100(1 ) (d) of the Springfield Development Code (SDC). The application, together with a staff report and public comment shall be reviewed by the Plqnning Commission and the City Council. The Commission shall hold a public hearing and issue a decision on the vacation request based on the criteria for approval found in Section 9.030 of the SDC. The Planning Co~ission shall make a recommendation to the City Council concerning the request that includes its findings with respect to 'the decision criteria. Section 3.100 (6) provides for a public hearing to be held by the City Council with proper notice being provided as specified in Section 14.030. The Council shall review the application, together with the staff report, findings and recommendation of the Planning Commission, any evidence received prior to and during both the Planning Commission and the City Council hearings, and shall make a decision on the application. . Notice of Public Hearings . Notice of the public hearing before the City Council requires the publication of a notice concerning the hearing in a newspaper of general circulation. Such notices are to be published at least 10 days prior to the first public hearing, when two hearings are required. ORS 271.11 O-Notice of Hearing, provides additional notice requirements. The statute requires: Plat Vacation- Hammer ROW Vacation Jo, No. 2002-03-0088 March 17, 2003 3-2 . (1) The city recorder or other recording officer ofthe city shall give notice of the petition and hearing by publishing a notice in the city official newspaper once each week for two consecutive weeks prior to the hearing. (2) Within five days after the first day of publication of the notiqe the city recording officer shall cause to be posted at or near each end of the proposed vacation a copy of the notice which shall be headed, "Notice of Street Vacation," "Notice of Plat Vacation" or "Notice of Plat and Street Vacation," as the case may be; the notice shall be posted in at least two conspicuous places in the proposed vacation area. The posting and first day of publication of such notice shall be not less than 14 days before the hearing. Petition by Abutting and Affected Property Owners ORS 271.080 states that a petition of abutting property owners and of affected property owners, supporting the right-of-way vacation, must be submitted by an applicant if the applicant is initiating the vacation. The statute states: (1) Whenever any person interested in any real property in an incorporated city in this state desires to vacate all or part of any street, avenue, boulevard, alley, plat, public square or other public place, such person may file a petition therefore setting forth a description of the ground proposed to be vacated, the purpose for which the ground is proposed to be used and the reason for such vacation. . (2) There shall be appended to such petition, as a part thereof and as a basis for granting. the same, the consent of the owners of all abutting property and of not less than two..; thirds in area of the real property affected thereby. The real property affected thereby shall be deemed to be the land lying on either side of the street or portion thereof proposed to be vacated and extending laterally to the next street that serves as a parallel street, but in any case not to exceed 200 feet, and the land for a like lateral distance on eitherside of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated. Where a street is proposed to be vacated to its tennini, the land embraced in an extension of the street for a distance of 400 feet beyond each terminus shall also be counted. In the vacation of any plat or part thereof the consent of the owner or owners of two-thirds in area of the property embraced within such plat or part thereof proposed to be vacated shall be sufficient, except where such vacation embraces street area,when, as to such street area the above requirements shall also apply. The consent of the owners of the required amount of property shall be in writing. [Amended by 1999 c.866 92] Findings: 1. A petition of abutting property owners and affected property owners has been received and presented to the City Recorder. . 2. Notice of the pending vacation was published in the Springfield News on June 1, 2002, and the following week on June 8, 2002. The first publication date is more Plat Vacation- Hammer ROW Vacation Jo. No, 2002-03-0088 March 17, 2003 3-3 than 10 days prior to the date of the first public hearing before the Planning Commission. . 3. Posted notice of the proposed vacation was placed in public places at the termini of the right-of-way segment within 5 days of the published notice. 4. Mailed notice to property owners within 100 feet on June 7, 2002. 5. A public hearing concerning the vacation was held before the Springfield Planning Commission on June 18,2002. 6. A second mailed notice was sent to property owners and residents within 100 feet on February 20,2003. 7. A second notice of the pending vacation was p~blished in the Springfield News on March 1,2003, and the following week on March 8, 2002. The first. publication date is more than 10 days prior to the date of the first public hearing before the Planning Commission. 8. A second posted notice of the proposed vacation was placed in public places at the termini of the right-of-way segment within 5 days of the published notice. 9. A public hearing concerning the vacation was held before the Springfield City Council on March 17,2003. . 10. A staff report and the application together with all supporting materials relied upon by the applicant were available for public review before the Planning Commission and Council hearings. Conclusion: Procedural requirements for processing the requested vacation of a right-of-way have been met. III. Criteria for Decision Making Article 9.030 of the SDC details the criteria to be applied by the Council when considering a vacation request: "The applicant shall demonstrate that the following criteria have been met in order to approve a Vacation request: (1) The Vacation is in conformance with the Metro Plan including any adopted Street Plans, and/or Conceptual Plans. . (2) There are no negative effects on access, traffic circulation, and emergency service protection; or any other public benefit derivedfrom the easement, right-ofwayor plat. Plat Vacation- Hammer ROW Vacation Jo. No. 2002-03-0088 March 17, 2003 3-4 IV. Findings and Conclusions . (1) The Vacation is in conformance with the Metro Plan including any adopted Street Plans, and/or Conceptual Plans. Findings: 1. The Metro Plan designation for properties adjacent to the subject right-of-way and the surrounding area is Heavy Industrial. The Springfield Zoning Map shows the properties are also zoned Heavy Industrial. 2. The lots affected by the proposed right-of-way vacation have been part of, or were nearby, a log pond that was created by Weyerhaeuser in the 1940's and subsequently operated by Stone Forest Products. The log pond was drained and recently re-platted for an industIial subdivision, consistent with the plan and zone designation. 3. The subject right-of-way is an unused segment of old "N" Street (County Rd. 221) that is bounded on the north by Kathryn and Olympic Streets and by 420d Street on the east. 4. The right-of-way is effectively cut off from all public streets serving the area. The right-of-way was used to access the log pond when it was operational and more recently by the property owner for internal movement ofvehic1es on the site. . 5. Jurisdiction over the subject right-of-way was surrendered by Lane County to the City . of Springfield in February, 1965. 6. A review of the Springfield Conceptual Local Street Plan (6/97) shows no conflict with the proposed vacation. No street currently connects to the subject right-of-way and no future use of the segment is shown on the Plan as part of a future facility. 7. The Springfield Bike Plan shows a bike path on 420d Street, east of the industrial subdivision, but no use of the right-of-way is shown. No future use of the right-of- way is shown on the Bike Plan future facilities map. 8. The vicinity of the right-of-way is within the plan boundaries of the Mid-Main Refinement Plan that was adopted in 1986. The Plan makes no mention of the right- of-,way (or affected properties) in its maps or policies. 9. A review of Trans Plan's Capital Investment Action List shows no roadway or bikeway project in the foreseeable timeline that depends on the subject right-of-way. Further, vacating the right-of-way does not conflict with the Plan's goals or policies. .Conc1usion: . The proposed vacation conforms to the Metro Plan, and reverses a subdivision configuration that is not consistent with the intended use of the land as designated by the Plan and current zoning. The vacation is not in conflict with adopted Street Plans, and/or Conceptual Plans in the area. Plat Vacation- Hammer ROW Vacation 10. No. 2002-03-0088 March 17, 2003 3-5 .~ '. . . . . (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. Findings: 10. A Development Review Committee meeting was held concerning the subject vacation on April 15, 2002. Verbal comments were received from PW Transportation. 11. Transportation staff obj ected to the vacation of the small fragments of the ROW that are part of the existing 420d Street and the proposed 40th Street that is part of the approved l.P, Hammer Industrial Park. These fragments are clearly visible on the 11 "x1?" drawing showing the proposed vacation. An 8 W' x 11" drawing that was also submitted shows the proper vacation boundaries. 12. Written comments were received from Northwest Natural Gas has an active line just off 420d Street atthe southern end of the subject ROW. The have asked that the ROW vacation be denied. I would like to place a PUE over the line. 13. SUB Water has a 16" water line in a portion of the ROWand requests a PUE be placed over the line. 14. SUB Electrical requests a 10' PUE on all overhead lines and poles including guy poles and down guys within the ROW to be vacated. 15. Various easements were identified by the City Surveyor that needed to be reserved from the vacation to assure continuing protection of utilities and public access. These facilities were located through examination by the Surveyor of the public improvement plans for the Hammer Industrial Subdivision (lo. No. 2001-10-0193). 16. A reservation list was created to document those facilities and access points that needed to be protected if the vacation were approved. That list was passed on to the applicant for the purpose of creating legal descriptions to establish new easements to protect the listed facilities and access points. . Conclusion: A review of the proposed vacation by affected public and private utilities and the City of Springfield indicates that some negative effects on access or facilities could occur if the protections afforded by the right-of-way were not replaced by easements or new right-of- ways. The proposed vacation could meet the criterion for approval if new public utility easements and rights-of-ways were dedicated by the applicant to replace the protection provided by the existing right-of-way. Plat Vacation- Hammer ROW Vacation Jo.lVo.2002-03-0088 March 17, 2003 3-6 .,' " . V.. Recommendation and Conditions of Approval . Based on an analysis of the application and the approval criteria found in Section 9.030 of the SDC, staff recommends approval of the requested right-of-way vacation with the following conditions: 1. The applicant shall reserve the following easements and access ways from the right-of-way vacation (See the Surveyor's Reservation List below). 2. A new survey of the affected properties ofthe J.P Hammer Industrial Park Subdivision showing the corrected boundaries of the parcels affected by the vacation as well as the reserved areas listed in the Surveyor's Reservation List (see below) shall be submitted to the City Surveyor for approval. 3. Once approved by the City Surveyor, the new survey showing shall be recorded with Lane County. Surveyor's Reservation List: In Lot 1 0, extend the 1 a-foot PUE along the 40th Street right-of-way. Lot 10, extend the 25-foot PUE and Maintenance Easement Reserve the Weyerhaeuser effluent line easement within right-of-way. Provide a 10.,foot drainage easement for the ponds outfall. Provide a 10-foot drainage easement to connect easements from Lot 11 to Tract A. 6.) Retain an 18' x 100' joint access easement for Lot 11. 7.) Needto continue la-foot PUE along Industrial Ave right-of-way across the Road 221 right-of-way. 8.) Continue 10-foot PUE along Wetland area and 420d Street right-of-way to the Northerly line of said plat. 9.) Provide an 18 x 100 foot Joint Access easement adjoining to Lot 14. 10.) Extend 20-foot PUE (Reception No. 7453176) to the 420d right-of-way. 11.) Extend private access easement for Lots 1, 13 and 14 to the 420d Street right-of- way. . 12.) Provide missing section for 20-foot private drainage easement from Lot 14 to Lot 13. 13.) Provide missing section for la-foot private wastewater easement from Lot 14. . Plat Vacation- Hammer ROW Vacation 10, /Va. 2002-03-0088 March 17, 2003 3-7 ,/ . ~ .. . <\~ . . . . 14.) Extend the section ofthe 10-foot PUE listed on page 3 of the plat as E. 1 to the 42nd nght-of-way.. '. 15.) Need to retain any interest in easements of record with non-specific descriptions. 16.) Expand Public Wetlands Maintenance easement in right-of-way. Other interest to be retained: 18.) . Power line and guy line easements. 19.) Access and preservation easement for Weyerhaeuser to access and use their control monumentation along the effluent line. 20.) SUB has a water line in a portion of the existing Road 221 right,.of-way that will need an easement. 21.) SUB has overhead .power line, pole and guys in a portion_ of the existing Road 221 right,.of-way that will need an easement.' -, 22.) Northwest Natural Gas has an active line off of 42nd Street that will need an easement. Plat Vacation- Hammer ROW Vacation Jo. No. 2002-03-0088 March 17, 2003 3-8