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HomeMy WebLinkAboutOrdinance No. 19996~~~ ~ ~ ~~ ORDINANCE NO. _1qq q ~ ~~ a 1 F ~~ 5 s f3~~o ~ ~3a~~ `} SV 94-03 An Ordinance vacating the following described unimproved streets that cross wetland areas in order to facilitate dedication and construction of streets outside wetland areas, to- wit: Lancaster Drive from the most northerly margin of Eddystone Place southerl . Y 777.8 feet, including two cul-de-sacs; the most northerly east-west 194.2 feet and the most southerly 311.6 feet of Eddystone Place that lies east of Lancaster Drive; the most northerly 434 feet of Dorchester Lane, in Lynnbrook II, Phase II, and the Berrywaod cul-de-sac encom assed b Lots P Y 175 through 181, Block 9, Lynnbroak II, Phase I, and more particularl ,. Y described ;n Exh~b~t A hereto. Breeden Land Company, SV 94-403} Un the 14th day of November, 1994, the City Council of the Ci of Eu ene b tY g Y Motion duly passed, called a public hearing to be held at 7:3o p.m., Pacific Time on the Sth day of December, 1994, at the Council Chambers at Ci Hall, Eu ene Dre an at which tY g ~ g , time and place protests and remonstrances could be heard as to the proposed vacation of the above described unimproved streets. Notice was duly and regularly given of the hearing and at said time and place the Council heard all objections to the proposed vacation, All persons awning property abutting the streets to be vacated have consented to the vacation and applied for the same. THE CITY OF EUGENE DaES ORDAIN AS FGLLG~'VS: Section 1. The City Council of the City of Eugene finds that due and regular notice of the hearing was published and pasted as by law required, and no valid objections were J made at the hearing or filed, The consent of the owners of the abutting pro er has been P tY duly and regularly filed in the proceedings and the public interest will not be prejudiced by Division of Chief Deputy Clerk r}pn~~~~~±A~~ the vacation of the unimproved streets. Lane County Qeeds and Records (~ a( Ordinance - 1 IIIIIII~ II ~III~~IIIII~~I~ (II~III I~I III~IIIIII I III $11 ~~ 00317482200200562770100100 07I26/2Q02 49:30.45 AM RPR-VAC Cnt_1 Stn_1 CASHIER 01 $50.00 $10.00 $11.00 Section 2. The hearing was held on the 5th day of December, 1994 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 3. The herein above described unimproved streets are hereby vacated, and the streets so vacated sha11 revert pursuant to the statutes of the State of Oregon. Section 4. The City Recorder is hereby directed to file a certified copy of this Ordinance 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 the Approved by the Mayor the 5t'' day of December, 1994 City Recorder 5~h day of December, 1994 Mayor *This ordinance was passed 6-0 by the City Council, and not vetoed or returned by the Mayor. FIELAND Kate A From: Glenn KLEIN [Glenn.KLEIN@harrang.com] Sent: Thursday, July 25, 2002 9:18 AM To; Kate.A.FIELAND@ci.eugene.or.us Cc: Mary.F.WALSTQN@ci.eugene.or.us; sarita.r.black@ci.eugene.or.us; Joan WISE Subject: Re: Missing ordinance Kate - If it wasn't signed back then, it is too late to have it signed now ~tho, as explained below, it doesn't matter. How can you be sure it was signed? As a legal matter, it doesn't matter whether it was signed or not, sa long as it wasn't vetoed. Section 30 of the Charter provides that if the Mayor does not return an ordinance rafter a veto within 10 days to the Council, "the ordinance shall have legal effect as if so approved." So -unless you have a way of demonstrating it was signed, simply record the ordinance with a note that it was passed 6-0, and not vetoed or returned by the Mayor. Glenn Klein Harrang Long Gary Rudnick PC 101 E Broadway Suite 400 Eugene OR 97401 541-485-0220 glenn.klein@harrang.com This message is a confidential communication under the attorney-client or attorney work product privilege. »> FIELAND Kate A {Kate.A.FIELAND@ci.eugene.or.us> 07/25/02 09:OSAM »> Please see the attached council minutes adapting Grdinance No. 19996, 121511994. We do not have a copy of this ordinance in archives or on microfiche, nor was it recorded as it should have been. Sarita got an unsigned copy from planning, but is going to go pull the agenda item summary from archives to make sure we have the correct copy. 1 am assuming we want to get it signed and recorded. Good news is, l was still the deputy city recorder till the 9th when Maggie was sworn in. This evidently was passed my last week of training Maggie, so it would be impassible to figure out what happened. How do we get this resigned...or signed? 111. PUBLIC HEARING: ORDINANCE CONCERNING A STREET VACATION ~BREEDEN LAND CGMPANY--SV 94-3~ City Manager Mike Gleason introduced the item, noting that staff was present to answer the council's questions. Mayor Ruth Bascom opened the public hearing. Dave Sweet, 2519 Kincaid Street, supported the street vacation because it was intended to support natural wetland areas. Mr. Sweet commended the company seeking the vacation and encouraged other developers to examine their plans in the same spirit. Jim Breeden, 366 East 44th Avenue, indicated he was available to answer questions. There being no other requests to speak, Ms. Bascom closed the pubic hearing. CB 4453--An ordinance vacating the following described unimproved streets that cross wetland areas in order to facilitate dedication and construction of streets outside wetland areas, to wit: Lancaster Drive from the most northerly margin of Eddystone Place southerly lll.8 feet, including two cul-de-sacs; the mast northerly east-west 194.2 feet and the most southerly 311.6 feet of Eddystone Place that lies east of Lancaster Drive; the most northerly 434 feet of Dorchester Lane, in Lynnbrook Il, Phase I!, and the Berrywood cul-de-sac encompassed by lots 1l5 through 181, Block 9, Lynnbrook Il, Phase I, and more particularly described in Exhibit A hereto. Breeden Land Company, SV 94-003}. Mr. Nicholson moved, seconded by Ms. Nathanson, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 6:0. The bill was read a second time by council bill number only. Mr. Nicholson moved, seconded by Ms, Nathanson, that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, 6:0 and became ordinance 19996. `r t Lancaster Drive That portion of Lancaster Drive, as dedicated by the plat of Lynnbrvok II, Phase II, as platted end recorded in File ~3, Slides 45S and 4f~0, Lene County Oregon Plat Records, lying South of the- mast northerly north margin of Eddystone Place when extended East and West and lying Northerly of a line bearing North 45°51'50" East, 30.00 feet end South ~45 0 51' S0" West, 30.0 feet f ram a paint in the centerline of said Lancaster Drive, said paint being 1~1. iS feet North ~440~' i0" West from the centerline intersects.on of said Lancaster Drive and Lyrinbraok Drive, together with the Lancaster Drive Cul-de-laces lying south of south margin of Eddystone Place end being encompassed by Lots 24S through 255, Black 12 and Lats 345 through 350, Slack 11, said plat of Lynnbraak II Phase II, in Eugene, Lane County, Uregan. r"'~ `, Eddystone Place Gamrnencing at the most northerly intersection of the centerline of Lancaster Place with the centerline of Eddystar,e Place as said street were dedicated by the Plat of Lynnbraak II, Phase II, as Platted and recorded in File 79, Aides 4~9 and 4G~, Lane County C~regan Plat Pecords, and rur: thence East along the centerlir~e of said Eddystone Place, 3~J. ~~ feet; thence North, ~~. 0~ feet to the Point of Begirtr,ing; thence along the north margin of said Eddystone Place East, 194.19 feet; thence South, 5~.0~ feet to the south margin of Eddystone Placed thence along said south.margin best, 194,19 feet; thence North, ~~. 00 feet to the Paint of Beginning, ir, Eugene, Lane County, aregan. Also: Commencing at~ the above described Paint of Beginning and run thence alarsg the r,arth margin of said Eddystar~e Place and its easterly exter,sian East, X44.19 feet to a point an the northerly extensi~or~ t~f the east margin of said Eddystone Place; thence along said east margin and its extension South, 4~7.5~9 feet; thence car:tinue along said margir: as follows: slang the arc of a 154. ~~ foot radius curve to the right, the long chard of which hears Sautri ~~°43' 07'~ best, 13.18 feet, a distrsace of 1~4. ~B feet and South `~1 °~~' 15" West 197. ~3 feet to a Pair~t 3~. P~~ feet r,artheasterly from, wher: measured PerPendieular to , the cer~terlir,e of Lancaster Drive; thersce leaving said margin run Parallel with the last mentioned centerline along the arc of a 47~. ~~ fast radius curve to the right a distance of ~Q~. ~ feet, mare or less, to the northwesterly margirs of said Eddystone Place; ther~ce along said last mentioned margin as f allows: North ~1 °~f~' 1~" East, 199.82 feet and along the arc of a 1~~. ~~ fast radius curve to the left, the long chord of which. hears North 25°43t'~7" East, 88.79 feet, a distance of 89. ?C feet thence leaving said margin run East, ~Q~. ~~ feet to the Point of ~eginningr in Eugene, Lane County, aregan. •^1 .. .. BERRYWaCiD DRIVE ~ CUL-DE-SAC That certain cul-de~-sac dedicated by the plat of Lynnbraak IZ, Phase I, as platted and recorded in File 73, Slides 418 end 419, Lane County Oregon Plat Records, described es follows: Beginning et the most westerly corner of Lot 175, Block 9r said p3.at, and run thence along the northwesterly line thereof North 4~°30' 00" East, 49.75 feet; thence slang the arc of a 20.00 foot radius curve to the right, the long chard of which beers North 78 ° 11 ' ~~ ~ East, 22.19 f eat ~ a distance of 23.52 feet ; thence continue along the northerly line of said Lot 175 and Lot 178, the westerly line of Lot 177 and the southerly line of Lots 178 179 and 180 slang the arc of a 45.00 foot radius curve to the left having a central angle of 24?°22'44", a distance of 194.29 feet; thence along the southeasterly line of Lots 180 and 181 South 42° 30' 00" best. 109. ?4 feet to the most southerly corner of said Lot 181; thence along the arc of a 349.19 foot radius curve to the right a distance of 50.00 feet to the Point of Beginning, in Eugene, Lane County, Oregon. Dorchester Lane: i That portion of Dorchester Lane dedicated by the ~ilat of Lyr,nbraok II, Fhase II, as platted and recorded in File 73, Aides 45~ and 460, Lane County aregun Flat 1~ect~rds, described as fallaws: Beginning at the Suutrieast currier of Lat ~~~~ Block 1~, Eaid Lynr,braok II, Phase II, and r~ur: thence alurtg the west and r~arthwesterly margin of said Dorchester Lane as fallaws: North, 1??. ?1 feet; slung the arc of a 150.00 foot radius curve to the right, the lar~g chard of w}-:ich bears North ~f~ ° ~~a' ~~" East, 180.2 feet; and North ?3°52'00" East, 05.55 feet to the Southeast corner of Lot 256, B1©ck 12 of said plat; thence leaving said margin rur, slang the arc of a 530.00 foot radius curve to the left a distance of 50.00 feet to the Northeast corner of Lat 310, Block 14 of said plat; thence slang the southeasterly and Bast margin of said Dorchester Lene as follows; South ?~°~~'00" best, 8~.C5 feet; slang the arc cif a 100.00 feat radius curve to the left, the.lang chard of which bears South 38 ° 5S' 00" West, 120. i8 feet, a distance of 12~. 92 feet; ar~d South, ~~?. ?1 feet to the Southwest corner of Lot 305, Black 14 of said plat; thence leaving said margin rur, North 3S°4B' 20" West, ?8.10 feet to the Foint of Beginning, ire ~ugerse, Lane County, 0regc~ra. AREA OF STREET VACATION REQUEST N Area of Request ....••. City Limits & Urban Growth Boundary .. ~• ~ e a'ar lcat~or~ ~~ S t aS S1 tr~~ s~,~t.l.or ~e~tS ^e w w w ~r w s W. ~!lC011 Rd. X ~ ~~~~ i a wwww~eaiw wwirr~~r , ~ ~ „~~ii~i!•i iiii i~ ~~ i.i ~ ~. e!lson R~. w w i i ~• • r N ~~ i 1~ ~ ~ 1~ ~ ~i ~ r. 1 r~ a o• i; a ~. ~ ~~ ~ • r t. ~. ct..r~ • ~ • ' ~ ~ ~i ii.i i iiii..• ~ ~.~.~..~ i ~i' iiiiii i ~ ` - - i Rhsr i= w w w ~ ~ ~ iis~ii..ri~...•.• •ii1.. i ~ ~ t ~ ~ t i An ~ • ~~ ~ w ~w s ~ ~ F /~~ , i ~i ~ •t•/i~ wars ~ AF FC~P '~ - i • ii..i•1••iii ~ . ~Kkleo! ~i i • i i i Rust s i ~ ~ ~ j j j ~ ~~`~ *~~1 ~ - i xi ~ ~ ~ ~• * • • .~ ~~ • ~ ~ ~ ~ ~ •~ • ~~ ~ ~~~ ~,~~~ - i.iii••...•~.i ~ ; ~ ~-~8 FY 5-83 •, ~comp~eted} ~ ~ •, ~. Rd. • FY -8T Nr~~r-* ~ ~ ~ ~. Rlfrsr la first Ars• iiii~i••.•..••1• i~~...•~~~ i•i•.ii i i •~ • i r ~ i• ~ . - i ~ t ~ MI-n~l~s /~ ~ ~ s i YlxrrsM R~. d FY 86.8? ~ ` • • ' iiiii viii iiii. a • ~ . ~ + i Qi ~ ,~ • ~ +•++ • ~• ~ ~ ~ * ••*iii.iiii••. •~~.• ~ +i•` ~ Pi'~nC~ Arterial ~ +`*~ i +• ~ -. ^s-HnM M#nor Arterial • `+ ~ltlc Arl. ~~ •i:•i•iiii•..••i iiiiii Collector +~ ``•,* .+ r~^e•^•• Pl~an7aed unprovements ~eac~stin~ street} ~ `'•. .~ .~ ~~.• future Streets ~ ;++++ .~ .~+ { •4 ;i~ FY 86-87 `~ ~ ~ N ~ .e ~ 1~r~r oa ~ a~. a ara 1t~~ r an acs .f~ ~~ ~..~ ~.+ ~. T....... •~ 1 t ~~ 1 f ~ ~ i:3 ~ ~~~ . a•.a~.~rrr ~- ~r a- ~, ~ ~~ II I ~ ~ tit 1 i j • • ! `. ~/ /1~ ~ 1~ f ~ ~ j ! ~- _; MO i .:.` ~ ' i .: ~ ~ ... .. W-_ - ~ ~ FARMER CAL-DE-5AC -------~-+ ° ==`~`~ ~-BERRYW4~D DRlV - ---• ~'' ~• ` • 0 EXTEND EAS N ~~ - f•.. ~~ ~ ~ r ~ , :~ ~ ~ _ Y ~ ~ i try w•~ ~~ ~ ~~ ~f~ ~ '~~y: r 1 1:-c 3 r ~ ja (~. wi ~1 1~1 ' i ~ ..~ ~~ qI rr ~. Irr r ~ w ~+ r- T ~~ - i ~ - m ~ r•~` ~ ti • _v ~ ;;•Y ~ ~ ~,i. ~~ a+-~ p Y W ~ ~ • ~ I ~ + '''-'1 r ~ ti~~~\~ ~ i r ti •.. ~ 1 J ~ .~ w s ~ ~ X~ry i ~ ~ i ~l ~• Zip' ~.~ ~'" ~ 3E ~1 :~ ~ ~ ~J ~ ~ ~ ': ~ . cn t ;~. ~- - ~,-~r=~~ --- --~ ,' y ~ ~ ~ .. ` - ~ ~ ~ .C1 ~.~. may, ~..~~`-~--_~ ~ \ •~' ~~ ~ ' / " , 3 1 ~ 9 sib ti ~~ ~ ~i - ~~~ ' ~~ f~ a~ -~ -a r ~f ~ i r r • :~.;. f ,• ~ r ti?~ ^ ___._~ ~ ~ ; • - l ~ ~ ~ ~, ~ I ~ , ~ ~4 ~ ~ ~ ~ , ~ ~iI i ,~. BOUNDARY 4F - LYNNBR~~K 1~ REPLAT~ WEfI.ANDS RND EXI57IN6 SfREEiS N ~~ ,~-~~ ~ we~w~,~ a~n