HomeMy WebLinkAboutOrdinance No. 20027ORDINANCE NO. aGY~ a--7
AN ORDINANCE VACATING A PORTION OF WILLOW
CREED CIRCLE, AND PROVIDING AN EFFECTIVE DATE.
An Ordinance vacating the following described street, to-wit:
Tax Lots 2000, 2401, 2046, 20(17, 2045, 2144, and 2200, Assessor's Map 15-44-
04-40; consisting of the westerly 625 feet of Willow Creek Circle, located south
of Pitchford Avenue, west of Willow Creek Road, at the westerly end of Willow
Creek Circle, and
RESERVING a public storm and sanitary sewer easement over the southerly 40.4 feet of
said vacation, all as more particularly described in Exhibit A attached hereto and
incorporated herein by reference. ~DAG Trust Partnership, SV 95-2~
On the 1 Sth day of September, 1995, the City Council of the City of Eugene by Motion
duly passed, tailed a public hearing to be held at 7:30 p.m., Pacific Time on the 23rd day of
Octaber,1995, at the Council Chambers at City Hall, Eugene, Oregon, at which time and place
protests and remons~ances could be heard as to the proposed vacation of the above described
s~eet.
Notice was duly and regularly given of the hearing and at said time and place the Cauncil
heard ail objections to the proposed vacation.
All persons owning property abutting the street to be vacated have consented to the
vacation and applied for the same.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
' .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 consent of the owners of the abutting property has been duly and
regularly filed in the proceedings and the public interest will not be prejudiced by the vacation of
the street.
' .The hearing was held on the 23rd day of October, 1995 at 7: 30 p. m. , Pacific
Time, at the Council Chambers, City Hail, Eugene, Lane County, Oregon, and all matters
necessary to be done in the premises have been duly and regularly completed.
' .Except as provided in Sections 4 and 5 of this Ordinance, the hereinabove
described street is hereby vacated, and the street sa vacated shall revert pursuant to the statutes
Ordinance -1
of the State of Oregon.
' .Upon the effective date provided in Section 5, the City Recorder is hereby
directed to file a certified copy of this Ordinance with the Recorder of Lane County, Ore on,
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together with a map or plat of said property, and a certified copy of this Ordnance shall be filed
with the Lane County Assessor and another certified co shall be filed with the Lane Coun
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Surveyor.
' .The provisions of Section 3 vacating the above described street shall not take
effect unless the Army Corps of Engineers and the Oregon Division of State Lands issue wetlands
fill permits for the property in the vicinity of the vacated street and a vacation assessment fee of
$39, f ~6 has been paid. ~n the event these two conditions have not been met by ~anu ~ , 1997,
~'y
then this Ordinance is automatically repealed.
Passed by the Clty Council. this
23rd day of October,1995
1~
City Record
Approved by the Mayor this
23rd day of ~ctober,1995
~i ~~I_-P',v9~~
Mayor
Ordinance - 2
LEGAL DESCRIPTION FOR STREET VACATION
WILLOW CREEK CIRCLE
Beginning at the Northwest corner of Lot 1. Block 2 of Madrona Hills Business
Park as platted and recorded in File 73. Slides 547 and 548 of the Lane County
Plat Records in Lane County, Oregon: thence along the North line of .said Lot
1, Block 2 the following courses and distances: South 89°04'36" East 659.77.
feet: along the arc of a 1235.00 foot radius curve left (the long chord~of
which bears North 77°55'24" East 555.63 feet) a distance of 560.43 feet; North
64°55'24" East 180.61 feet; along the arc of a 1165.00 foot radius curve right
Cthe long chord of which bears North 77°48'43" East 519.72 feet) a distance of
524.13 feet and South 89°17'58". East 278.48 feet; thence leaving the North
line of said Lot 1. Block 2 and running South 00°05'31" West 1136.02 feet to a
point on the North margin of Willow Creek Circle, said point being 40.0 feet
from. when measured at right angles to the centerline of Willow Creek Circle,
said point also being the TRUE POINT OF BEGINNING: thence along the North
margin of Willow Creek Circle the fallowing courses and distances: North.
89°14'25" West 167.69 feet; along the arc of a 391.61 foot radius curve right
(the long chord of which bears North 77°14'25" West 162.84 feet) a distance of
164.04 feet; North 65°14'25" West 125.00 feet and along the arc of a 136.50
foot radius curve left (the long chord ofi which bears South 00°45'35" West
249.40 feet) a distance of 543.18 feet to a point on the South margin of
Willow Creek Circle: thence along the South Margin of Willow Creels Circle the
following courses and distances: North 66°45'35" East 125.00 feet; along the
arc of a 391.61 foot radius curve right Cthe long chord of which bears North
78°45'35" East 162.84 feet) a distance of 164.04 feet and South 89°14'25" East
167.69 feet to a point which bears South 0°45'35" West from the-true point of
beginning; thence leaving the South margin of Willow Creek Circle and running
North 0°45'35" East 80.00 feet to the TRUE POINT OF BEGINNING, all in Lane ~.
County, Oregon.
EXCEPT Lat B, Block 2 and Lot C, Bloclc Z of Madrana Hills Business Park as
platted and recorded in File 73, Slides 547 and 548 of the Lane County Plat
Records in Lane County. Oregon.
The South 40.00 feet of said Street Vacation to be retained by the Ci of Eu ene for the u ose
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of public Storm anal Sanitary Sewer easement, said 40, 00 feet being north of and a endicular
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to the fallowing described line:
Beginning on the South margin of Willow Creep Circle, said point bein South 0°45'35" west
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50.00 feet from said TRUE PUINT ~F BEGINNIlVG and being the southeast career of this
easement; thence, North 59 ° ~ 9'Z5" west, ~ 67.69 feet; thence, along the arc of a 3 9 ~ . 61 foot
radius curve to the left(the long Chord of which bears South 78°45'35" West, ~6Z.54 feet a
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distance of 164.44 feet; thence, South 66°45'35" West 15.00 feet to a oint. Said oint bein the
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Southwest corner of said easement.
TTACHMENT "A"
^~TOEL RIVES BOLEY ~'' g77qCHMENT ~~a~~
JONES~GREY Page 1
ATTpRNEYS AT LAW
sulTlr zsoo
STANDARD INSURANCE CENTER
900 SW FIFTH AVENUE
PORTLAND, OREGON 97204-I26$
Telrphane (5031224-3380
Telecapier f5O31220.248Q
Cable Lawpart
Ttlex T03455
Writer's Direct Dia! Number
(5431294-9I94
July 19, 1995
VIA MESSENGER
Mr. Les Lyle
City Engineer
City of Eugene
858 Pearl Street
Eugene OR 97401
Re: A lication to vacate a onion of Willow Creek Circle
Dear Mr. Lyle:
This firm represents the petidvner Hyundai Electronics America
~"Hyundai='}. Hyundai hereby submits an application to vacate the westerly pardon
of Willow Creek Circle, a public right-of-way. Enclosed with this letter is the
following inf onmation:
1. A completed, signed and notarized right-af-way and easement vacation
application form;
2. Aright-of-way and easement vacation application information sheet;
3. A signed and notarized consent to right-of-way vacation form, and
4. A check for the application fee in the amount of $d83.
The public interest will not be prejudiced by the vacation of this pardon
of V1~'illow Creek Circle. ~1l'illow Creek Circle is intended to serve only the adjacent
industrial ark. H ndai is purchasing all of the adjacent property with the
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exception of Willow Creek Industrial Park Park one} from the current owner, DAG
Trusts Partnership. Thus, the street will not be needed to provide access to several
parcels or lots in individual ownership because Hyundai will own and develop all of
the surrounding property.
~~xl-?048II.I 9 ~
PORTLAND, SEATTLE, VA'~CDUVER, BOISE, SALT LAKE CITY, WA5I~INCTON,
OREGON WASHINGTON WA5IiINCTDN IDAt~D UTAH DISTRICT DF COLUMBIA
.~
1
STEEL R[VES B~LEY
DUNES GREY
NIr. Les Lyle
July 19, 1995
Page 2
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ATTACH,~~~NT "B"
- ~ Pale 2
Furthermore, this portion of Willow Creek Circle is not resentl needed
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nor ~s ~t antrczpated to be needed m the f uture f or public services, f ac~ties or utilities.
An existing ten-foot wide public utility easement will remain. The rv a can be
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served by public ut~ties without the vacated public right-af-wa . The Ci can
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reasonably .find that the area can be served vn an orderly and efficient manner with
public services, facilities and utilities.
- The vacation request is also consistent with applicable trans ortation
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plans. Willow Creek Cucle is a local street serving only this ~ndustr~al develo ment.
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~iyundax s development will have access to public right-of-wa at the ro vsed
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termuu of Willow Creek Circle. Willow Creek industrial Park Park one will continue
to be served by the remainder of Willow Creek Circle or with access to Willow Creek
Road on the east.
Please let me know if you require any additional information. Please
provide me with notice of the public hearing on this matter so that I can attend on
behalf of my client.
Thank you for your assistance.
Very truly yours,
~~~,Q c.
Michael C. Robinson
MCR:saa
Enclosures
cc ~w/encls}:
Mr. David D. Kim
Mr. Scott Williams
Mr. Mike Peeples
Mr. Thomas R. Page
PDXI-?,04811.199999 OOOd
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