HomeMy WebLinkAboutORDINANCE NO. 9041
6.11
oRDrnrAtvcE Ivo. 9041
CITY OF EUGEArE
An Ordinance consenting to grid approving the exchange by the cit3T of Springfield,
formerly town of Springfield, of its five acre park site located in what is imovrn as
the ter~nina7. property adjacent to the cit~~ of Springfield, for a tract of land of
substantially tvrent`r acres owned by the Booth-Kelly Lumber Company, the repeal by the
city of Springfield of the ordinance setting apart said five acre tract as a public
park and to the setting apart of said Booth-Kelly tract as a public park and particularly
for the joint t~s e the roof by the city of .Springfield and the city of Eugene .
t~dHEREAS, heretofore the City of Eugene conveyed to the Town of Springfield, now
City of Springfield, a tract of land located east of the City of ;Springfield, the deed
of conveyance for vrhich provided that as a part of the consideration tkierefor the Town
of Springfield should in cooperation ~rrith the City of Eugene survey out and dedicate
not 1 ess than five acres of said tract to be devoted to a public park for the use of
the general public and particularhy for the joint use of the Tovm of Springfield ~.nd
the City of Eugene, yv~~raich deed of conveyance tiaras executed pursuant to Ordinance t1o.
8804 of the City of Eugene passed by the Common Council and approved by the ~rayor on
the 12th day of January, 191; and
Tr7HERF~(tS, pursuant to t Y~ provisions of said deed the City of Springfield by
Ordinance PIo. 64O passed by the Corunon Council and approved by ',he Tla.yror July 10, 1939
set apart as a public park for the use of t he general public and particularly for the
joint use of the City of Springfield and the City of Eugene, the follovring described
portion of the lands so conveyed to it as aforesaid, to vrit:
Commencing at the intersection. of the East line of the Springfield Industrial
Site v~th the ~lorth bank of the mill race, s aid East line alsobeing the West
line of the County N.oad knavvn a.s the Seavey Road, thence Irorth along the west
side of said road 72.0 feet, thence !test 532.66 feet, more or less, to tk•,e
Easi.; boundary line of the tract of land deeded to the State of Oregon, pursuant
to that certain deed recorded on Page 249 of Volume 186 of the Lane County Deed
Records, in the office of the County Clerk of Lane County, Oregon; thence South
along the said East line of said tract of land a distance of approximately 275
feet to the YJorth Bank of the said mill race, thence follovring the north bank
of said mill race in a southerly and easterly direction to the place of
beginninY;, all in Lane County, Oregon;
AArD WrIEREAS all. of the premises so conveyed by the City of Eugene to the City
of Springfield other than the lands so established and set apart as a publi c park
and hereinbefore specifically described ti,ere by the City of Springfield sold and
conveyed and no part thereof is Hour ovrned b;,J the City of Springfield other than said
park; and
V~+'YIER.EAS no part of the lands so conveyed to the City of. ~pxd.ngfield were of a
character, or So situated;as, to be adapted to or available for public park purposes
and said lands so set apart as a public parr: have not been improved or used as a
public park a.nd are not, adapted +,~, such use and are therefore rot needed for public
use, said park site ~eino surrounded. by lands devoted to industrial purposes, and i.t
is in the interests of the City of Springfield and the inhabitants thereof that said
park site should. be devoted to Indus trial purposes and the utilization thereof for
612
industrial purposes would further the public interest; and
~,~iERE~1S, The Booth-Kelly Lumber Company, a corporation of Oregon, has offered to
exchange with the City of Springfield for the above described ;five acre park .site the
follovring described real property, to v~rit:
Tae;inning; at the northwest corner of the George lei. Coryell Donation Land Claim ,
No. 1G3 in Section 1.0, Tovmship 18 South, iZange 3 Nest of 'the TrTillamette ~derdian,
said point being in the center of and the ending; point of County Road No. 1129,
thence North 00 11' ~hrest 267.7 feet along the old property* line fence to a fence
corner, thence south 890 19' west 1060.7 feet along the line fence to the one
quarter corner between Sections 9 and 10, Toi^mship 18 South, Range 3 West of the
V~lillamA+,te Meridian; thence south 00 55' East 827.3 feet along tho :Section line
bet~rreen Sections 9 and 10 of said Township and Range to a point ixi the line fence
marked by an iron Wipe; thence north 890 19' East 101;3.8', feet to the west line of
tho ,^;eorge ~+i. Coryel]_ Donation Land Claim No. k3; thence'Tiorth 0° 28' East 579.7
feet to tl~ place of beginnirLg;, in Lane Countyr, Oregon; '
Subject to a right of way 16 feet in width reserved in deed of conveyance from
Gladys A.?. Z_?arks to Ben H. lt?arks, recorded February 8, 19117 under Clerk's Filing
Pdo. 2-32687, Lane County, ®regon Deed Records; '
and has likewise offered to dcnate to the City of Springfield the stun of x'15,00.00 to
be used solely as a ftuld for the improvement of said tract proposed to be exchanged
with and conveyed to the City of Springfield as a park: site; and
1~:'HEREhS said lands of the Rooth-Kelly Lumber Company are better adapted to park
purposes and more susceptible and available for improvement and use as a. park sitz than
are the lands in the five acre park site above described arx3. the interests of the City
of Springfield, the City of Eugene, their respective inhabitants and the general public
vrould die furthered by such exchange;
i1U~"I THEREI~URE, THE CITY OF i~UGLNE DOES ORTJ1`,IfJ l1S FOLLO'itT5 z
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That the City of Eugene does hereby consent to and appro~,Te the exchange of said
five acre park site of the City of ~prirgfield for the lands of the Booth-Kelly ~tunber
Company above described upon the terms here~nbefore recited, and consents to and
approves the conveyance by the -City of Springfield, free from; the interests of the City
of Eugene and the public, of the a.foresai.d five acre park site in consideration of the con-
~reyance to the Ci*~- of Sprringfield of the above described lands of the Booth-Kelly
L•.miber Compan~r to be used as a public park for the use of the general public and
particularly for the joint use of the Cii;y of ~pringfieltl and: the City of Eugene, and of the
donation by said The Booth-Kelly Lumber Camk~.n~r of the. sum of`~1„00.00 to the City of
Springfield to be used solely for the improvement of said park site so acquired, and
further consents to and approves the repeal by the City of Springfield of its ordinance
No. 610 setting apart as a public park the aforesaid five acre tract, but upon the
condition that the Cite of Springfield shall by Ordinance set apart said lands so
acquired from the Booth-Kelly Ltunber Comi~any as a public park' for use of the general
public and particularly for the joint use of the City of .Springfield and the City of
Eu~P.ne .
613
ti"13~iERLAS, THE APPROVAL by the City of Eugene of the exchange of the property herein-
before described is necessary to the completion of plans for the development of a park
site t~* the City of Springfield and that such development is essential to the safety,
health and 1Melfare of the people of the City of Springfield that this ordinance take
effect at once and it: is ordered that this act shall take effect immediately upon it s
passage by the Courci.l and approval by the f~iayor.
PASSES the Common Counci 1 of tY~e City of Eugene this 11th day of Augur t, 19l~7.
ATTEST: ~s~ John Fields
City Recorder
APPROVED by me as A.~ayor. this 12th
day of August, 1917
~s~ Earl L. 141cNutt
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