HomeMy WebLinkAboutOrdinance 6012 05/20/2002
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ORDINANCE NO. 6012
(SPECIAL)
AN ORDINANCE VACATING A PLAT LINE MARKING THE EASTERLY
BOUNDARY OF THE FIRST ADDITION TO ADAMS PLAT, LANE COUNTY
OREGON PLAT RECORDS AND DECLARING AN EMERGENCY.
WHEREAS, the application for vacation was submitted in conformance 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 plat line vacation was reviewed by the Development
Review Committee and no objection or conditions were placed upon approval of the
vacation; and
WHEREAS, lawful notice of the proposed vacation~was published and posted;
and
WHEREAS, the Springfield Planning Commission met on May i\ 2002 and
received a staff report that included findings which conclude the proposed plat line
vacation, satisfies the decision criteria found in Section" 9.030 of the Springfield
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Development Code for approving plat vacations; and
WHEREAS, the Springfield Planning Commission held a public hearing
concerning the proposed plat line vacation on May 7th, 2002 and received no testimony in
opposition to the vacation; and
WHEREAS, the members of the Planning Commission considering the matter on
May 7th voted unanimously to forward their recommendation that the plat line ~acation
be approved, 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 20th day of May, 2002, at the hour of 7:00 p.m., to conduct a
public hearing 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 lawfully
published and posted; that the public interest will not be impaired by the vacation of this
plat, and that vacation of said plat line will be in the best interest of the public and
increase the benefit of the property involved.
AI":TER RECORDING RETURN TO:
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ORDINANCE
6012
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Section 2. The plat line 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.
Section 4. It is hereby found and determined that the matters relating to the
vacation of the plat are matters affecting the public health, and that an emergency
therefore exists, and this Ordinance shall therefore take effect immediately upon its
passage by the Council and Approval by the Mayor.
FURTHER, although not part of this Ordinance, the Springfield City Council adopts the
findings set forth in the Staff Report which demonstrate conformance 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 Conimon Council of the City of Springfield this 20ttday of
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Mas-, 2002 by a vote of ~ for and -1L against.
APPROVED by the Mayor of the City Of~ ~w...., 2002.
Mayor
Attest:
dhlLG ~~ W(~
City Recorder
REVIEWED & APPROVED
AS, TO FORM'
, ~ D>~ -\\ S L ~--",,\-\"-(
DATE: S- /J 5'"' r.:2 00 L
OFFICE OF CITY ATTORNEY
State of Oregon )
)ss.
County of Lane )
This instrument was acknowledged before me
on ~ 20) 'Z002- by S\D~~'j W, Le\~Cv\,
as May of Springfield. '
_OFFICIAL SEAL
'. JULIE M WILSON
<. j NOTARY PUBLIC - OREGON
'.", <,' COMMISSION NO, 397943
. MY COMMISSION EXPIRES OCT 4,2009
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ARY PUBLIC FOR OREGON
My Commission Expires: (;)6\- 4 I z.c::D4
ORDINANCE
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EXHIBIT A
PLAT BOUNDARY UNE VACATION
FOR
JOHN P. HAMMER
LOT 8 iIg
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N84'24'OO"W 327.25'
VICINITY MAP
N.T.S.
ROD & CAP MARKED
"PLS 494" (CSF #28106)
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LOT 10
LOT 5
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, EASTERLY BOUNDARY LINE
OF ADAMS PLAT, BOOK 15,
PAGE 2, L.C.O.D.R., LANE
COUNTY OREGON.
LOT 4
NOO'41'00"E 251.90'
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PROPERTY DESCRIPTION
PARCEL 1:
Beginning at the Southwest corner of Block, 1, MORROW PLAT, as platted and
recorded in Book 19, Page 6, Lane County Oregon Plat Records, in Lane County,
Oregon; thence along the Northerly line of old Southern Pacific Company's
Railroad Industrial Spur North 840 24' 00" West 870.00 feet being the true
point of beginning; thence leaving the said Northerly line, North 50 36' 00"
East 655.00 feet; thehce East 200.88 feet to a point on the Northeasterly
right of way line of County Road No. 221as said road was surveyed in August,
1954 by that survey being Lane County Surveyors File (CSF) Index No. 518;
thence along the said Northeasterly right of way line, along the arc of a
552.96 foot radius curve left (the chord of which bears South 420 19' 48" East
265.73 feet) a distance of 268.26 feet; thence South 560 14' 00" East 54.20
feet; thence along the arc of a 696.20 foot radius curve left (the chord of
which bears South 640 13' 00" East 193.38 feet) a distance of 194.01 feet;
thence leaving said right of way line, South 720 22' 02" East 130.84 feet to
the Southwest corner of that parcel of land conveyed to the City of
Springfield as recorded in Reel 288'D, Reception No. 49400, Lane County
Oregon Deed Records, in Lane County, Oregon, as said was surveyed in November,
1987, by that survey being CSF 28106; thence along the Northwesterly line of
said parcel, North 480 29' 24" East 53.62 feet to a point on the Southwesterly
line of 42nd Street being that certain tract conveyed by Weyerhaeuser Company
to Lane County recorded in Reel 140 '59D, Reception No. 78387, Lane County
Oregon Deed Records, in Lane County, Oregon; thence, along the said
Southwesterly line, North 410 25' 41" West'1262.36 feet; thence along the arc
of a 1512.39 foot radius curve right (the chord of which bears North 400 54'
28" West 27.47 feet) a distance of 27.47 feet to a point on the Northerly
right of way of the above mentioned County Road No. 221; thence leaving the
Southwesterly line of said 42nd Street and along the Northerly line of the
said County Road No. 221, along the arc of a 258.73 foot radius curve left
(the chord of which bears North 690 52' 37" West 29.24 feet) a distance of
29.26 feet; thence North 730 07' 00" West 78,57 fe~t; thence along th~ arc
of a 5709.39 foot radius curve right (the chord of which bears North 710 35'
00" West 305.55 feet) a distance of 305.59 feet; thence North 700 03' 00"
West 242,64 feet; thence along the arc of a 771.11 foot radius curve left
(the chord of which bears North 650 47' 21" West 114.58 feet) a distance of
114.68 feet to the Southerly line of Kathryn Avenue in the FIRST ADDITION TO
ADAMS PLAT as platted and recorded in Book 15, Page 2, Lane County Oregon Plat
Records, if said line is extended North 670 03' East; thence South 670 03'
00" West 53,91 feet to the corner of said Plat on the Southerly line of
Kathryn Avenue; thence following the Southerly and Easterly line of said
Plat, South 670 03' 00" West 73.77 feet; thence along the arc of a 517.46
foot radius curve right (the chord of which bears South 690 3D' 13" West 44,31
feet) a distance of 44,32 feet; thence South 00 OS' 30" East 1157.05 feet to
the Southeast corner of the Pressley Comegys Donation Land Claim No, 80, same
township and range; thence South 00 41' 00" West 251.89 feet to the Southeast
continued-
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Property Description continued-
corner of the said FIRST ADDITION TO ADAMS PLAT being on the Northerly line of
the said old Southern Pacific Company's Railroad Industrial Spur; thence
along the said Northerly line, South 840 24' 00" East 915.21 feet to the true
point of beginning, in Lane County, Oregon;
ALSO: Lots 1 to 12, inclusive, in Block 12, FIRST ADDITION TO ADAMS PLAT, as
platted and recorded in Book 15, Page 2, Lane County Oregon Plat Records, in
Lane County, Oregon;
EXCEPT all that portion conveyed by John P. Hammer to Sundance
Lumber Company, Inc., in property line adjustment deed recorded
March 06, 2001, Reception No. 2001-012167, Lane County Official
Records.
ALSO: Lot 6, Block 13, FIRST ADDITION TO ADAMS PLAT, as platted and recorded
in Book 15, Page 2, Lane County Oregon Plat Records, in Lane County, Oregon;
ALSO: Starting at the Northeast corner of Lot 5, Block 13, FIRST ADDITION TO
ADAMS PLAT, as platted and recorded in Book 15, Page 2, Lane County Oregon
Plat Records; thence North 840 23' West 94.48 feet along the North boundary
of said lot to a point which is South 00 33' West 80.31 feet from the
Southwest corner of Lot 11, Block 12, said plat; thence North 840 23' West
14.2 feet along said boundary; thence South 50 37' West 373.56 feet to a
point which is on the North right of way of the Southern Pacific Company's
Industrial Spur and the South boundary of Lo~ 5, said plat; thence South 840
23'East 141.80 feet along said right of way and boundary to the Southeast
corner of Lot 5, said plat; thence North 00 33' East 373.03 feet to the point
of beginning, in Lane County Oregon;
EXCEPT all that portion conveyed by John P. Hammer to Sundance
Lumber Company, Inc" in property line adjustment deed recorded
March 06, 2001, Reception No. 2001-012167, Lane County Official
Records.
ALSO: The vacated streets as follows: 40th Street which lies East of Lots 1
to 12, inclusive, in Block 12; the East one-half of 39th Street which lies
South of the Westerly projection of Lot 9 and which lies West of Lots 9, 10,
and 11, Block 12; the North one-half of Industrial Avenue which lies South of
Lots 11 and 12; Block 12; the South one'-half of Industrial Avenue which lies
North of Lot 6, Block 13 and the South one-half of Industrial Avenue which
lies North of the East 94.51 feet of Lot 5, Block 13, all within the FIRST
ADDITION TO ADAMS PLAT, as platted and recorded in Book 15, Page 2, Lane
County Oregon Plat Records, in Lane County, Oregon.
EXCEPT all that portion conveyed by John P. Hammer to Sundance
Lumber Company, Inc" in property line adjustment deed recorded
March 06, 2001, Reception No. 2001-012167, Lane County Official
Records. .
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PARCEL 2:
Beginning at the Southwest corner of Block I, MORROW PLAT, as platted and
recorded in Book 19, Page 6, Lane County Oregon Plat Records, in Lane County,
Oregon; thence along the Northerly line of the old Southern Pacific Company's
Railroad industrial spur, North 840 24' 00" West 870.00 feet; thence leaving
the said Northerly line, North 50 36' 00" East 655.00 feet; thence East
200.88 feet to a point on the Northeasterly right of way line of County Road
No. 221 as said road was surveyed in August, 1954 by that survey being Lane
County Surveyors file (CSF) Index. No, 518; thence along the said
Northeasterly right of way line, along the arc of a 552,96 foot radius curve
left (the chord of which bears South 420 19' 48" East 265,73 feet) a distance
of 268.26 feet; thence South 560 14' 00" East 54.20 feet; thence along the
arc of a 696.20 foot radius curve left (the chord of which bears South 640 13'
00" East 193.38 feet) a distance of 194.01 feet; thence leaving said right of
way line, South 72022' 02" East'130.84 feet to the Southwest corner of that
parcel of land conveyed to the City of Springfield as recorded in Reel 288'D,
Reception No. 49400, Lane County Oregon Deed Records, in Lane County, Oregon,
as said was surveyed in November, 1987 by that survey being CSF 28106; thence
along the Sout~erly line of said parcel, South 720 08' 49" East 45.87 feet;
thence along the arc of a 306.48 foot radius curve right (the chord of which
bears South 680 36' 38" East 38.80 feet) a distance of 38.83 feet to a point
on the East line of the Lucinda Comegys Donation Land Claim No,. 81, in
Township 17 South, Range 2 West of the willamette Meridian; thence along the
said East line, South 00 15' 00" West 358.24 feet to the point of beginning,
in Springfield, Lane County, Oregon.
PARCEL 3:
Lot 2, Block 1~ MORROW PLAT, as platted and recorded in Book 19, Page 6, Lane
County Oregon Plat Records, in Lane County, Oregon;
EXCEPT THEREFROM that portion which was conveyed to the City bf
Springfield by that deed recorded October 19, 1979 in Reel 1030R,
Reception No. 7963100, Lane County Oregon Deed Records, in Lane
County, Oregon.
EXHIBIT B
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Request for Vacation of a Plat
Staff Report
Date Submitted:
March 22, 2002
Journal Number:
2002-03-0084
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ADDlicant: Consultant List:
John Hammer Scott Morris
P,O, Box 2266 Olson & Morris
Eugene, OR 97402 1410 Oak Street, Suite 200
Eugene, OR 97401
ALCO Holdings LLC
Affected Property Owner Randy Johnson, Attorney (Mt. Hood)
Ater, Wynne
Portland, OR
Subject Property Plat Line to be Vacated:
Map # 17-02-31-00 Tax lot 101 Easterly line of the First Addition to Adam's
Plat
Vicinity:
Kathryn and Olympic St.
Plan and Zone Designation
Metro Plan: HI
Springfield Zone: HI
Executive Summary
Staff recommends approval of the vacation request.
I. Overview of the Proposal
The applicant, John Hammer filed an application in October to subdivide Tax lot 101 as
part of a larger subdivision plan. The subdivision tentative plan was approved on
February 12, 2002. In reviewing the final plat for approval, the City Surveyor and the
Lane County Surveyor requested that an old plat line that forms the easterly boundary of
the First Addition to Adams Plat, be vacated.
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The property was in the sole ownership of John Hammer when this application was filed.
In the time since, the final plat for the new subdivision was approved and Lot 4 of the
subdivision was purchased by ALCO Holdings LLC. ALCO was advised of the
proposed plat line vacation and has submitted documentation of its approval of the plat
line vacation as it affects their property.
Plat Vacation- Hammer Subdivision
Jo,lVo, 2002-03-0084
ATTACHMENT 2-1
Staff has reviewed the decision criteria for approving the vacation of plat lines and has
made findings that support the approval of the applicants' request.
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II.
Procedural Requirements
Vacation of a plat is a Type IV procedure as specified in Section 3,1 OO( 1 ) (d) of the
Springfield Development Code (SDC). The application, together with a staff report and
public comment shall be reviewed by the Planning Commission. The Commission shall
hold a public hearing and issue a decision on the vacation reqliest based on the criteria for
approval found in Section 9.030 of the SDC. The Planning Commission 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 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 20 days prior to the hearing.
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The criteria for reaching a decision under the Type IV procedure shall be in compliance
with applicable goals, policies, and objectives of the Metro Plan, applicable State statutes,
and the provisions of the Springfield Development Code.
Findings:
L Notice of the pending vacation was published in the Springfield News on Saturday,
April 11 and April 18, more than 20 days prior to the date of the public hearing before
the City Council.
2. A staff report and the application together with all supporting materials relied upon
by the applicant were available for public review before the hearing.
Conclusion:
Procedural requirements for processing the requested vacation of a plat 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:
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Plat Vacation- Hammer Subdivision
Jo, No, 2002-03-0084
ATTACHMENT 2-2
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(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 derived
fi'om the easement, right of way or plat.
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 plat line to be vacated is the easterly plat boundary of the First Addition to the
Adam's Plat, between Kathryn St. on the north and the Union Pacific rail line on the
south.
2. The First Addition to Adam's Plat was first established as a residential subdivision.
Lot sizes created by the original plat are small and are consistent in size other
residential lots of the time.
3. The Metro Plan designation for the subject property and surrounding area is Heavy
Industrial. The Springfield Zoning Map shows the affected lots are also zoned Heavy
Industrial.
4. The lots affected by the proposed plat vacation have been part of a log pond that was
created by Weyerhaeuser in the 1940's and subsequently operated by Stone Forest
Products. The log pond has recently been drained and is being replatted for an
industrial subdivision, consistent with the plan and zone designation.
5. The small lot configuration of the plat is not appropriate with a Heavy Industrial
Metro Plan and zoning designation.
6. The proposed vacation of the subject plat line plat is necessary to allow development
to occur within the new industrial subdivision. Vacation of the line will allow the
subject property to build out with industrial uses consistent with the Metro Plan. .
7. A review ofthe Conceptual Local Street Plan (6/97) shows no conflict with the
proposed vacation.
8. No Conceptual Plans or Refinement Plans exist for the area encompassing the subject
property.
9. A review ofthe Public Utilities, Services, and Facilities Element of the Metro Plan
(III-G) revealed the vacation does not conflict with the Plan's goals or policies.
Plat Vacation- Hammer Subdivision
Jo, No, 2002-03-0084
ATTACHMENT 2.3
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10. The new industrial subdivision for the site (10.2001-10-0193) includes easements for
utilities and access, as requested by the City of Springfield and the Springfield Utility
Board. These easements and access ways are not affected by the plat line vacation.
Conclusion:
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.
(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:
11. At a meeting held to coordinate a staff response to the Hammer vacation application
and to a proposed right-of-way vacation held on April 10, 2002, staff from Public
Works Transportation, Civil Engineering, and the City Surveyor's office met with
planning staff. At that meeting no comment was received regarding the vacation of
the subject plat line.
12. As part of the Development Review Committee process, a notice describing the
proposed vacation was sent to affected public and private utilities, and was circulated
among the appropriate departments within the City of Springfield. The notice
requested comments or concerns about the vacation be forwarded to the Planning
staff. Staff received no responses.
Conclusion:
A review ofthe proposed vacation by affected public and private utilities and the City of
Springfield indicates no negative effects on access or services are likely to occur if the
plat is vacated.
V. Recommendation
Based on analysis ofthe requested vacation with respect to the criteria for plat vacations
found in Section 9.030 of the SDC, staff finds the requested action to be consistent with
those criteria. It is therefore recommended that the Springfield Planning Commission
approve the requested vacation of the easterly plat line ofthe First Addition of Adams
Plat between Kathryn Street and the Union Pacific rail line.
Plat Vacation- Hammer Subdivision
Jo,lVo, 2002-03-0084
ATTACHMENT 2.4
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NOTICE OF PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION AND CITY COUNCIL
CITY OF SPRINGFIELD
Notice is hereby given that the Springfield Planning Commission and City Council will
conduct public hearings and the reading of a resolution in the matter of a request to
vacate the easterly plat line of the First Addition to Adams Plat between Kathryn St. and
the Union Pacific rail line. The hearing before the Planning Commission will be held on
May 7,2002. The hearing before the City Council will be held on May 20,2002. Both
hearings will be held at 7:00 p.m. in the Council Chambers at City Hall, 225 Fifth Street,
Springfield, Oregon, 97477.
The plat line is located on property identified as Map #17 -02-31-00, Tax Lot 101 on the
Lane County Assessor's Map. The line forms the easterly boundary ofthe First Addition
to Adam's Plat, between Kathryn Street and the Union Pacific rail line.
Article 9.030 of the SDC details the criteria to be applied by the City Council when
considering a vacation request. These criteria require that: 1) the vacation is in
conformance with the Metro Plan including any adopted Street Plans, and/or Conceptual
Plans; and 2) the vacation causes 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.
Written comments concerning the issue will be received by the Springfield Development
Services Department, 225 Fifth Street, Springfield, Oregon 97477 until 5:00 p.m. on
Friday, May 3rd. Citizens may also submit written or oral testimony during the public
portion of the 4earing. A staff report, the application and all documents and evidence
relied upon by the applicant shall be available for inspection at the Springfield
Development Services Department after April 26th.
If you have questions regarding this matter,.contact Mark Metzger, Planner III, of the
Development Services Department, or call 726-3775.
Gregory S. Mott, Planning Manager
Plat Vacation- Hammer Subdivision
Jo,1Vo, 2002-03-0084
ATTACHMENT 2.5
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Division of ChieF Deputy Clerk 2'~~6.0"3112
Lane County Deeds and Reeorda vv.
/1II1I/11I/I1/UIII/III/IIIIII/1111/I1I116U 1/1/ $8J, 00
0080597420060033112012012605/J2/2006 II :00:27 RIl
RPR-VAC Cnt=1 Stn=6 CASHIER 07
$60.00 $10.00 $11.00
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