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Home My WebLink AboutOrdinance No. 20216 III ....... .. COUNCIL ORDINANCE NUMBER 20216 COUNCIL BILL NUMBER 4751 AN ORDINANCE VACATING A PORTION OF THE STREET RIGHT -OF -WAY LOCATED SOUTH OF 40TH AVENUE, WEST OF WILLAMETTE STREET. DATE SUBMITTED: November 13,2000 PASSED: 8/0 ABSENT: OPPOSED: REJECTED: ABSTAINED: DEFERRED TO: FIRST READING: November 13, 2000 SECOND READING: November 13,2000 ORDINANCE NO. 20216 AN ORDINANCE VACATING A PORTION OF THE STREET RIGHT-OF-WAY LOCATED SOUTH OF 40TH AVENUE, WEST OF WILLAMETTE STREET. THE CITY COUNCIL OF THE CITY OF EUGENE FINDS THAT: On the 10th day of October, 2000, the City Council of the City of Eugene by Motion duly passed, called a public hearing to be held at 7:30 p.m., Pacific Time on the 13th day of November, 2000, at the Council Chambers at City Hall, Eugene, Oregon, at which time and place protests and remonstrances could be heard as to the proposed Council initiated vacation, with the consent of the abutting property owners, of the following described portion of street right-of-way. The unimproved portion of Densmore Road, south of 40th Avenue, west of Willamette Street, which extends between 39th Avenue and Brae Burn Drive running along the westerly side of Rest Haven Memorial Park, Tax Lot 300, Assessor's Map 18-03-18-00, as more particularly described in Exhibit A attached hereto. (Charles Wiper/Rest Haven Memorial Gardens; SV 00-2). Reserving herein a public utility easement as more particularly set forth in Exhibit A attached hereto. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Eugene finds that due and regular notice of the hearing was published and posted as by law required, and no valid objections were made at the hearing or filed. The proposed vacation will not substantially affect the market value of the property abutting the above-described portion of street right-of-way and the public interest will not be prejudiced by the vacation of the portion of street right-of-way. The hearing was held on the 13th day of November, 2000, at 7:30 p.m., Pacific Time, at the Council Chambers, City Hall, Eugene, Lane County, Oregon, and all matters necessary to be done in the premises have been duly and regularly completed. Section 2. The herein above-described portion of street right-of-way is hereby vacated, subject to the retained public utility easement, and the portion of street right-of-way so vacated shall revert pursuant to the statutes of the State of Oregon. Section 3. A certified copy of this Ordinance shall be filed with the Recorder of Lane County, Oregon, together with a map or plat of said property, and a certified copy of this Ordinance shall be filed with the Lane County Assessor and another certified copy shall be filed with the Lane County Surveyor. Passed by the City Council this Approved by the Mayor this 13th day of November, 2000. 13th day of November, 2000. ~~/~ City Recorder Job 00-5422 VACA TION AREA That portion of the easterly one-half of an un-named public road (40 feet wide) dedicated by Densmore's Plat, as platted and recorded in Book 2, Page 28, Lane County Oregon Plat Records, which is that portion of the westerly 20.0 feet of Lot 29 of said Densmore's Plat (when measured perpendicular to the West line thereof) described as follow: Beginning at the Southwest comer of Lot 29, said Densmore's Plat, and run thence along the West line thereof, also being the East line of Block 1, First Addition to Edgewood West, as platted and recorded in Book 53, Page 16, Lane County Oregon Plat Records, and. the East line of Block 1, Second Addition to Edgewood West, as platted and recorded in Book 57, Page 26, Lane County Oregon Plat Records, North 9059'35- East, 1326.84 feet to the Northeast corner of Lot 44, Block 1 of the last "mentioned plat; thence North 88033'23- East along the easterly extension of the South margin of 40th Avenue West as the same was dedicated by said Second Addition to Edgewood West, 20.40 feet to a point that is 20.00 feet easterly from, when measured perpendicular to, the northerly extension of the West line of said Lot 29; thence South 9059'35- West, parallel with said West line, 1326.74 feet to a point on the South line of said Lot 29; thence South 88017'41- West, 20.42 feet to the Point of Beginning, in Eugene, Lane County, Oregon. Reserving herein a public utility easement as more particularly described as follows: UTIUTY EASEMENT Beginning at the Southwest comer of Lot 29. Densmore's Plat as platted and recorded i~ Book 2, Page 28, ~ne County <?regon Plat Records, and ~n thence along the West line thereof, elsobelng the East line of Block" 1, First Addition to Edgewood West. as platted and recorded In Book 53, Page 16, Lane County Oregon Plat Records, and the East line of Block 1, Second Addition to Edgewood West, as platted and recorded in Book 57, Page 26, Lane County Oregon Plat Records. North 9059'35" East. 1326.84 feet to the Northeast comer of Lot 44, Block 1 of the last mentioned plat; thence North 88033'23" East along the easteriy extension of the South margin of 40th Avenue ~est as the same was dedicated by said Second Addition to Edgewood West. 7.14 feet to a point that is 7.00 feet easteriy from, when measured perpendicular to, the northerly extension of the West line of said Lot 29; thence South 9059'35" West, parallel with said West line, 1326.80 feet to a point on the South line of said Lot 29; thence South 8:8017'41" West, 7.15 feet to the Point of Beginning, in Eugene. Lane County, Oregon. Exhibit A Page 1 of 1 I ~ ~!! z. EV~ : ~ 0 / /.l'~ ~ "JSM 3f)N3A'( HJDt -,~ ~ (9g z 3 ~ UJlU.S ~ ci W ~ 0 U W . ~ I-Z UW W w> u..- CD u.." <z 0 wO I- I~ l5 I-u 0:: ~~ < Z J: W W '=~ J: > ~~ I- Z LJ0 (X) I J:W Zz .... u.. 1-> 20 10 ~0 I"") I. >-zw ~~ Ol-w o::uw law ~Qw w~~ ~(2u... o~u... Q.. 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