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Home My WebLink AboutOrdinance 6013 06/03/2002 ,~ ' [l .. f, . . . ORDINANCE NO. 6013 AN ORDINANCE VACATING A PORTION OF AN EXISTING SANITARY SEWER AND STORM DRAINAGE EASEMENT RECORDED IN DOCUMENT NUMBER 74-20352, ON MAY 15, 1974, AND DOCUMENT NUMBER 74-20353, ON MAY 15, 1974, WITH LANE COUNTY DEED RECORDS AND, WHICH IS LOCATED TO THE NORTHEAST OF WINCO FOODS STORE AT SPRINGFIELD MALL ON OLYMPIC STREET. WHEREAS, the Common Council of the City of Springfield has declared its intention to vacate a portion of a 14-foot wide easement in the City of Springfield; and WHEREAS, the application for vacation was submitted in conformance with the provisions ofORS 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 easement 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 was published and posted; and WHEREAS, the Common Council of the City of Springfield met in Council Chambers, at 225 Fifth Street, on Monday, the 20th day of May, 2002, (First Reading) and on Monday, the 3rd day of June, 2002 (Second Reading), at the hour of7:00 p.m., to hear any objections to the proposed vacation and 0 persons appeared to object; NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: Section 1: The Common Council finds that the legal notice of the hearing was lawfully published and posted; that ---D....- objections were made at the vacation hearing held; that the public interest will not be impaired by this vacation of easement, and that vacation of said easement will be in the best interest of the public and increase the benefit of the property involved. Section 2: The sanitary and storm sewer easements in the City of Springfield, as described in Exhibit A and depicted in EXhibit A-I are declared to be vacated. A'=TER RECORDING RETURN TO: ORDINANCE 6013 L/'f'Y R<=:cOR.OE/t5 tJf"(=Ic..c ,22)' FIFtH $""-.,5P/2;A.J&r=.,€I...D,O/< q 7471 . . . ORDINANCE 6013 Section 3: The findings adopted by the Common Council in support of this vacation, are hereby made part of this ordinance by reference. Section 4: The easements are being vacated to allow building construction. Upon recordation of a replacement sewer easement and acceptance by the City of Springfield of the replacement sanitary sewer, the City Recorder is directed to file certified copies of this ordinance with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor. ADOPTED by the Common Council of the City of Springfield this 3rd day of June, 2002 by a vote of ~ for and ~ against. APPROVED by the Mayor of the City of Springfield this 3rd day of June, 2002. '\ - REVIEWED & APPROVED ~~~ ~ ~-A\~__ DATE: ., J'2. L 200 2- OFFICE OF CITY ATTORNEY ORDINANCE 2 . . . EXHIBIT "A" EASEMENT VACATION APRIL 29, 2002 SHEET 1 OF 2 A PORTION OF AN EXISTING SANITARY SEWER & STORM DRAINAGE EASEMENT RECORDED IN DOCUMENT NO, 74-20352, RECORDED MAY 16,1974, AND DOCUMENT' NO. 74-20353, RECORDED MAY 16,1974, LANE COUNTY DEED RECORDS AND LOCATED WITHIN PARCEL 2 AND PARCEL 3 OF PARTITION PLAT NO, 1995-P0778, LANE COUNTY SURVEY RECORDS AND THE SOUTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2, THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2, SOUTH 37002'57" WEST, 56,21 FEET TO THE NORTHERLY LINE OF SAID EASEMENT AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE NORTH 89056'54" EAST, 39,78 FEET TO A POINT; THENCE LEAVING SAID NORTHERLY LINE SOUTH 58015'52" EAST, 26,57 FEET TO THE SOUTHERLY LINE OF SAID EXISTING SANITARY SEWER & STORM DRAINAGE EASEMENT; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89056'54" WEST, 213,33 FEET TO A POINT; THENCE LEAVING SAID SOUTHERLY LINE NORTH 74044'00' EAST, 53.34 FEET TO A POINT ON THE NORTHERLY LINE OF SAID EXISTING SANITARY SEWER & STORM DRAINAGE EASEMENT; THENCE ALONG SAID NORTHERLY LINE NORTH 89056'54" EAST, 99.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2,468 SQUARE FEET (MORE OR LESS), OREGON JULY 16, 1982 TERRY GOODMAN 1989 e.~U\.JAl... Otr-rff:;..... 7-1 -03 . , , ., . ~ EXHIBIT "A-1" SANITARY SEWER &: STORM DRAINAGE EASEMENT VACATION LOCA TED IN THE SE 1/4 OF SECTION 25 IN T. 17 5., R. .3 W., W1LLAMETTE MERIDIAN CITY OF SPRINGFIELD, LANE COUNTY, OREGON APRIL 29, 2002 -- ~ ~~ ~. ------... orv <V TRUE POINT OF __ 4- <-)10' "'-. BEGINNING " , " ( N89'56 54 E S58'15'52..E 3~7~ ~26,57' ~~-==== -' " "a Sifl.€:.€:.i vJ f>. --< 000 f\.. ~ €. \.. c0 f>.t-1 -- ~;.i:~'OO.E~Y;?"'~~ '- S89'56'54"W 213,33' -- -- EXISTING SANITARY SEWER EASEMENT PER DOC, NO. 74-20352 & 74-20353 TO BE VACATED PARCEL 3 PARTITION PLA T NO. 95-P0778 McKA Y INVESTMENT co. LLC PORTION OF EXISTING EASEMEN T TO BE VACATED 2,468 SQUARE FEET POINT OF COMMENCEMENT PARCEL 2 PARTITION PLA T NO. 95-P0778 WAREMAR T INC. iE a: o z SCALE '"..40' JOB NO, WNC2447 SHEET 2 OF 2 DES I G N 5414 SW M:STGATE DR,. PORTlAND. OREGON 97221 'II' (503) 419-2500 fAX: (503) 419-2600 PLANNERS. ENGINEERS. LANDSCAPE ARCHITECTS. SURVEYORS - , . . o. , ' ! '. . r' Division of Chief Deputy Clerk Lane County Deeds and Records ~~~J.~~~~~~ 1111111111111111111111111111111111111111111111111 $36.00 0038595820030008909005005501/31/2003 11:12:50 AM RPR-ORDN Cnt=l Stn~l CASHIER 06 $25.00 $11.00 . .