HomeMy WebLinkAboutMiscellaneous APPLICANT 4/1/2006
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ORDINANCE NO, ,6163
AN ORDINANCE VACATING PARCEL 2 ON PARTITIONS 94-P0498, 94:P0499 AND 94-P0500 IN
THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON,
WHEREAS, the Springfield City Council has declared its intention to vacate Parcel 2 on
'Partition Plats 94-P0498, 94-P0499 and 94-P0500 as located in the Citiof Springfield, filed in
the Lane County Partition Records and describep in Attachment" A" of this Ordinance; and'
WHEREAS, the application for vacation was submitted in conformance witn the
provisions of ORS 271.080 et. seq., and with the provisions of Article 9 VACATIONS of the
Springfield Development Code; and
WHEREAS, the findings and testimony submitted by the applicant and those in support
of this easem'ent 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 City Council met,in Council Chambers, at 225 Fifth Street,
on Monday, the 6th day of March, 2006, at the hour of 7:00 p.m., to hear any objections to
the proposed vacation and -D- 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 these partition plat lines, and that vacation of
said plat lines will be in the best interest of the public and increase the benefit of the property
involved.
Section 2: The partition plat lines, as, located in the City of Springfield, filed in the Lane
County Office of Deeds and Records and described in Attachment A of this Ordinance, are
declared to be vacated.
Section 3: The findings and conditions adopted by the City Council in support of this
partial plat 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.
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Date Received:3' 1- /) fa
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Section 5: This partial plat 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,
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
2006 by a vote of -2- for and -D-- against. (l
3rd ,^.pril
City of Springfield this &'h day of AAaf4\.,
absent - Fitch)
April
APPROVED by the Mayor of the City of Springfield this3rd day of--Mil"l'"eft-, 2006.
ATTEST:
QI1~x!-oW?t-..
City Rec / der .
REVIEWED & APPROVED
AS TO FORM
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DATE.::2. ""2.
OFFICE OF CITY A ORNEY
State of Oregon
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) 58. '.' ;,. I~OTARY PUBLl~. O~;~(;I~('; ;:~:
) -"-:. ~."" COMiIlIISSror,; NO _>17S.L,~ i;:
, II4Y COMMISSION E.;;plnES 1\4[1\; :~" 2iH'9{11
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This instrument was acknowledged before me on .troll" 3,.()-f)bj,
by :SldhU1 UJ L e,lle.n as Mayor of Springurld.
NOT~~L~ 1a~
My Commission Expires: / I~J-d'~ Cj
County of Lane
City of Springfield, Oregon
CERTIFIED TRUE COPY
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City~order . .
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A TT ACHMENT A
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Legal Description oUhe Area to be Vacated
Parcel 2 of Land Partition Plat Number 94-P0498 as platted and recorded in the Lane County Partition
Plat Records, Lane County, Oregon:
Parcel 2 of Land Partition Plat Number 94-P0500 as platted and recorded in the Lane County Partition
Plat Records, Lane County, Oregon.
Parcel 2 of Land Partition Plat Number 94-P0499 as platted and recorded in the Lane County Partition
Plat Records, Lane County, Oregon. .
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