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HomeMy WebLinkAboutOrdinance 6057 07/07/2003 71.( . ~ ~. r", . . . 'h . - . After recording return to: ~ The City of Springfield Recorder~s Office ., 225 Fifth Street Springfield, OR 97477 ORDINANCE NO. 6057:-i.- (SPECIAL) AN ORDINANCE V ACA TING A POR TlON OF 69th STREET IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON Whereas, the Springfield Common Council has declared its intention to vacate a portion of 69th Street in the City of Springfield; and WHEREAS, the application for right-of-way vacation was submitted in conformance with the provisions ofORS 271.080 et. seq., and with the provisions of Article 9 V ACATlONS of the Springfield Development Code; and WHEREAS, the Springfield Planning Commission conducted a public hearing on this proposed vacation on May 20,2003, and the testimony, findings and conclusions of that meeting have been considered by the City Council; and WHEREAS, the findings and testimony submitted by the applicant and those in support of this right-of-way vacation satisfy the criteria of approval for vacations found in Section 9.030 of the Springfield Development Code; 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 Common Council met in Council Chambers, at 225 Fifth Street, on Monday, the 16th day of June, 2003 (First Reading) and on July 7,2003 (Second Reading), at the hour of 7:00 p.m., to hear any objections to the proposed vacation and ~ persons appeared to object; NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: 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 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 public right of way in the City of Springfield, as described in Attachment A of this Ordinance, is declared to be vacated. Section 3: The findings adopted by the City Council in support ofthis right-of-way vacation, are hereby made part of this ordinance by reference. Section 4: The City Recorder is directed to file certified copies of this ordinance with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor. ~- ,-- '-----,---- ------------------ I Division of Chief Depuly Clerk ~^^'.l^~A'~ Lane Counly Deeds and Records LVV~ Vw'wU 111111I 111111I11 "" I III Ill" 1111111111 111/111111 00509013200301054360030036 10/28/2003 10:01:38 AM Sln=7 CASHIER 07 $26.00 RPR-ORDN Cnl=1 $15.00 $11.00 "-- - /' page 1 or . . . .~ ", Section 5: This right-of-way vacation is subject to and explicitly reserves easement rights for any existing sewer, water main, gas main, conduit of any kind, pole, structure, or thing used for or intended for public utilities or public service. The owner of any such utility or thing is hereby reserved the right to access, maintain, continue, repair, reconstruct, renew, replace, rebuild and enlarge any and all existing facilities. Section 6: It is further a condition of this vacation that nothing herein contained shall cause or require the removal or abandonment of any sewer, water main, gas main, conduit or 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 access, maintain, continue, repair, reconstruct, renew, replace, rebuild and enlarge any and all such things under existing or future easements. ADOPTED by the Common Council of the City of Springfield this 7th day of July, 2003 by a vote of -.L for and ~ against. APPROVED by the Mayor of the City of Springfield this 7. 6h .1. ((lay of July, 2003. \ ATTEST: State of Oregon ) ) SSe ) ~ bu/lA-- City Re rder County of Lane REVIEWED & APPROVED AS '''0 FORM _J~~~~'t'- ~ \..~~ D/(P.:: ,.i"" (I\~~.._").OO~ OFFICE OF CITY ATTORNEY This instrument was acknowledged before me on. .JT' utM. 1. ~ ()3 by 51tli'lf 'J W ~el kLY\... a7- . f..;jtlLjO'. of~d ~~ 0) Juw 7J- NOTARY PUBLIC OR OREGON My commission expires: / (-.}-J ;.1.1/D:::- OFFICIAL SEAL AMYLSOWA NOTARY PUBLIC OREGON COMMISSION NO. 352109 MY COMMISSION EXPIRES NOV. 22, 2005 After recording return to: The City of Springfield Recorders Office, 225 Fifth Street, Springfield, OR 97477. ORDINANCE Page 2 .1' r ~..-.'" _ .. ,. . ATTACHMENT A LEGAL DESCRIPTION FOR STREET VACATION A PORTION OF 69TH STREET BETWEEN McKENZIE HWY AND "A" STREET Beginning at the Northeast corner of Lot 22 of Villanova Subdivision, as platted and recorded at Page 13, of Volume 16, Lane County Oregon Plat Records, which is the Northeast corner of that tract ofland described in a deed from David Allen Andersen and Narda Elaine Anderson to Kenneth L Harwell and Beverly J. Harwell, recorded for public record May 14, 1979 in Reel 993 R, at Reception No. 7927820, Official Records of Lane County Oregon; thence South 890 44' 00" East 35.00 feet on a Easterly prolongation of the Southerly right of way of "A" Street to a point on the Westerly line of a Relinquishment Of Title, from the Sate of Oregon to the City of Springfield, recorded for public record October 30, 1968 on Ree1413R at Reception No. 43612, Lane County Oregon Official Records (an easement for drainage and "public purposes"); thence South a distance of 12.22 feet to a point; thence South 190 41' 36" East a distance of31.17 feet to a point; thence South 050 56' 08" East a distance of30.81 feet to a point; thence South 130 58' 56" East a distance of34.07 feet to a point; thence South 690 55' 28" West a distance of6.48 feet to a point; thence South 140 11' 54" East a distance of 41.79 feet to a point; thence North . 71001' 57" East a distance of6.74 feet to a point; thence South 180 39' 02" East a distance of 42.30 feet to a point; thence South 010 06' 36" East a distance of 55.31 feet to a point; thence South 030 41' 31" West a distance of 37.30 feet to a point; thence with a non-tangent curve turning to the right, with an arc length of 39.09 feet, with a radius of 33.73 feet, with a chord bearing of South 57" 16' 55" West, with a chord length of 36.94 feet to a point, thence North 890 31' 12" West a distance of 13.58 feet to a point; thence South a distance of 2.82 feet to a point on the Northerly right of way of McKenzie Highway (Main Street); thence along the Northerly margin of McKenzie Highway, North 890 44' 00" West 35.00 feet to the Southeast corner of Lot 10 of Villanova Subdivision and the Southeast corner of that tract ofland described in a deed from James R. Calloway, Ronald R Saunders and Robert A. Poppen to Gibson & Gibson, a partnership, recorded for public record August 17, 1977 in Reel 860 R, at Reception No. 7751903, Official Records of Lane County Oregon; thence North 301.10 feet, measured (300.00 feet, plat) along the Easterly line of Lot 10 and Lot 22 of said Villanova Subdivision, to the point of beginning; in Lane County, Oregon, containing 19,046 square feet more or less. Basis of Bearing is the East line of the Villanova Subdivision. .