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Home My WebLink AboutOrdinance No. 20085ORDINANCE NO. (~(~ AN aRDINANCE VACATING A PaRTIaN aF SIDE STREET. An Grdinance vacating a portion the following described unimproved street, to-wit: That portion of Side Street, located east of Edison Street, west of Goodyear Street, east of and abutting the Gregan Electric Railroad, abutting Tax Lots 6400 and 6500, Assessor's Map 17-04-26-12, as more particularly described in Exhibit A hereto. Bonnie Payne, SV 97-001} RESERVING HEREIN a public utility easement aver, under and across the above-described property. Gn the 14th day of April, 1997, 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 12th day of May, 1997, at the Council Chambers at City Hall, Eugene, Gregor, at which time and place protests and remonstrances could be heard as to the proposed vacation of the above described unimproved street. 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 owning property abutting the street to be vacated have consented to the vacation and applied for the same. THE CITY aF EUGENE DaES aRDAIN AS FaLLaWS: i n 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 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. e i n 2, The hearing was held on the 12th day of May, 1997 at 7:30 p.m., Pacific Time, at the Council Chambers, City Hall, Eugene, Lane County, Gregor, and all matters necessary to be done in the premises have been duly and regularly completed. i n ,The hereinabove described portion of street is hereby vacated, and the portion of the street so vacated shall revert pursuant to the statutes of the State of Gregon. i n 4, The City Recorder is hereby directed to file a certified copy of this Grdinance Ordinance -1 with the Retarder 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 12th day of May, 1997 ~~` City Recordei Approved by the Mayor this 12th day of May,1997 Mayor Ordinance - 2 LEGAL DESCRiP~iaN Beginning at the Northeast corner of Lot 1, Block 2, WISHING ACRES, as platted and recorded in Book il, .Page 2?, Lane County Oregon .Plat Records., said paint being on the Southerly margin of Side Street;~thence along said Southerly margin and the Northerly boundary of said Lot 1 South ?fi° 17' 3?" West 1b3.58 feet to a point on the Easterly margin ofFthe Oregon Electric Railroad Right of way, thence leaving said Southerly margin and Northerly boundary along said Easterly margin North 33° .58'~ Oo" West 42,61 feet to the Southwest corner of Lot 6 Block ?, REPEAT OF BLOCKS 4, ?, AND 8 AHD THE SOUTH PART OF BLOCKS 5 AND 6 OF THE PLAT OF BETHEL, as platted and recorded in Book it Page 28, Lane County oregon Flat Records, said point also being on the Northerly margin of Side Street; thence leaving said Easterly margin along the Northerly margin of Side Street and the So~therly~ boundary of the aforementioned PLAT aF BETHEL North ?fi ° 17,' 37" East 2ofi , 25 feet to a point; thence leaving said Northerly margin and said Svutherl bvundar r along the arc of a 24.?3 feet radius curve to the left the chord of which curve bears South 21° 12' 40" West 48,?6 feet.) a distance of 5?.15 feet to the Point Of Beginning, in Lane~County, Oregon. RESERVING HEREIN a public utility easement over, under and across the above described property. LEGAL DESCRIPTION Beginning at the Northeast corner of Lot 1, Block 2, WISHING ACRES, as platted and recorded in Book 11, .Page 2?, Lane County Oregon .Plat Records, said point being on the Southerly margin of Side Street ;thence along said Southerl margin and the Northerl Y y boundary of said Lot 1 South 76° 1?' 3?" West 1b3.58 feet to a point an the Easterly mar in of the Ore an Electric Railroad ~J, g ~ Right Of Way, thence leaving said Southerly margin and Northerly boundary along said Easterly margin North 33° .58' 00" West 42.61 feet to the Southwest corner of Lot 6 Block 7, REPEAT OF BLOCKS 4, T, AND 8 AND THE SOUTH PART OF BLOCKS 5 AND 6 CF THE PLAT OF BETHEL, as platted and recorded in Book it Page 28, Lane County Qregon Plat Records, said point also being on the Northerly margin of Side Street; thence leaving said Easterly margin along the Northerly margin of Side Street and the So~therly~ boundary of the aforementioned PLAT OF BETHEL North 7fi° 17' 37" East 24fi.25 feet to a point; thence leaving said Northerly margin and said Southerl baundar alon the arc of ~ Y g a 29.73 feet radius curve to the left the chord of which curve bears South 21° 12' 4Q" West 48.?6 feet} a distance of 57.15 feet to the Point Of Beginnin in J Lane~County, aregan. ~X~f~E~ ~ 7~ (D CD Ua ~ r+ n ~ ~ ~. ~ +~ ~••- ~ r a ~ z ~ I i~ i, I ~} ~ • 4 `S ~ r '~' c ~ d ~1~15 `d~'3~tQ~~~~nn ..mow W ~o, r W 4 h~'0!~ 3~~FS rbC7 a0 N • MA~I~~N S,:KNUSH, P. L.S. ~:t~~I~TS ~ ASSOCIATES PROF~$$IQNAt, ~NQIN~ERS ~ lAND SURVEYORS 64 CENI~NMIAL IrQOP ~~QSNE, QR~GQN ~5D3~ fi8B•9211 PROJECT SIDE STREET VACATZaN C~,IENT B.J.p., zNC. I.OCATiON ~ I.r~~r~~w~...~ TAX LDT 64DQ DRAWN 8 Y: .~ . c~a . ~~ ~., ~1 Arty ~ ~i ~ 4 ~ ~~ ~ r'~ U ~ ~ ,"r° Gr ~ • ~• ' ~~ '~ '1S ~t63/iQ0a9 ~• ~'' ~a. ~'~ ,. ~j 1~~~ 4,Yi. W ~ ..._ 'I".'Y ~ ~,, O :,~ti:: .;, ..,~. ~ 1, i ~ ~ ~ r'' p4" ~. W ~ s~.?~ •.f, ~, .: , ~ , . ~ a..: • fem.. j ~; ~~ ~ ' ~r ' t 1.:+ AN' $ • ~.. Vic, 3 ., ~. . r., 1 ~1.s1•,. ,•. ~ ~.'~„ • ' „ ' ~ . ., ~._ E ~ Y ~ ~ ;~. ~ ~ ~ t"t .h .: ~ ~ !~•:•:~, t ;~ ~: i ~~~ ~• . ~;~ i.. ,$,, ~ K E .,:~ 3 , E ', 1 •: ,~~~: ; ~ v' i ', •~ ';'~1,' Sf E, ~ i.7• } • N~w{~ Y'.•~ i • ~• '~~ 1 ~.. 3 ~tt.~~: 3 • ~; ~ E 1 ~, sry.ary 1 f ~ .~,y~~ ~ ~i ~~,,~,~ ~ ..4r•r'r• J •',}if_3 ~,~ ~: 1 '~' •~~ ~• 1,~i~, ~'' E ~~,. ''~ ~~ ~ ~•~ ~ . ~...~~, ~ • ~ ...- . ~ :, ~ .gin: ~ • ~~ € ,.,t ;,~~ {~ "~` ~ ! *r1 ~'i~V'~4'^i+~ y •%~:: T ~; k~' L k~~~TT~I~ sT.~.`1`~.1~~~~`l ~'Q~ ~1GH~`--a~'-~~~Y" ~AC~T~a~ A port~.ar~. of tf]~ ~t~a~ a~ t~35 ~~1~~wt or ~v~'4~ .~ or uti litsas in ~~~e f ut:~w e . X11 properties ~.buttiz~~g~ t~#i.~ ~iy ~~t o~ buy ern se.r~red ar ~~~~ e~5i l l,. ar:d ~ ra~c~i~ y~ ~~a s~ existing e~s~rne~~ts . ~ ~~ This dppl~.catia~ - ,~ ~- ; ~ ~; ~;. ,.F,t far ~r~.c:~ ~.~c~n ~s ~..an~ .. 5 ~~, . appll,c~ab~.e tr~.x~~s~~a~-tQt~~~~ pl~.~~s . ~~~? 1 .~~ used +~+~rr~ d.~re~c~~r r ~~~~d ~~~ a L~+er ~~~ t~~ ~ aurre~t R~C~IVED FED i j 1997 BUILDING & PERMIT SERVICES CIiY Of EJG'_F!°_ l N. TNOMA9 F.UAN6 ~~~Arnay A~ ~.~ur '~60 L~wranca F~i~r~nR, nrRgnn A?d~1 r~~ ~~~ 1~ ~A~.A~4~ ~,pr~.l 24, 1997 GRhriel Flock . pity of Eugene 99 Wept Tenth hVenue, Suite 240 bugene, Uk 974Q~ RR ~ unt i r.A of prnPnvac~ AanAaama-nt i~r ett-eet vacation request ~S~.dovtrvet) dear Mr. clock: Yam writing this 18tter to you about the Notice of pro oeed 1loaaaamant can t~~o aidavtroQt vacat,~on and f ax~.n a c~ of ~t tc ~ ~x Russ Koyvr. it's my under~tandfng from what you've told mo that ~rc~u'rc the pcraon that ecnda this outs but you rely for mak~.ng a ~rtr~{~rErPr~~- nr~ hnw t~iirh of An aaaRaumanf. ~-.~~a.r,R Rhc~t~ 1 d ~~~ ~~pon Rt~RR Royer. Wt~e~~ I spoke with ~iim, he asked me tv 1st hiir~ ki~vw ~~~~ iratvrma~:ion ~;l~at wo thougli~: was relevant to this vaoat~on. I'm doing that and else copying it to you gv that you both have t1~8 1II~UrtilC~t.~UI1 i ITI prvvidii~c~ . Mr . Rc~yei' asked rye specifically for information about why the p~'vpGz.~7 ~~ t~c~t wvz Lei at~~+ ~i~vrC t:~~ati Mz~. ~et:ex'se~~1 pc~ic~ for it. My client adva.ses me that the county offered thB Bale fvr~ ~:~x'oper. #:y, ar~d they set a bid v~ $20, 000.00, Nv aiae b3a c~~i 1:1:~ propert Mac. y ~etcr~cn t~rctr of £ct~cd tic ~ 3 f 30 Q . ~a ~ w~i~.c~r wac ~:~xe mi.ai~.mum t~cy could accept aftear a no-bid at the auction, and the county accept:er~ it readily, 1 asked my client why .it sold sfl c~~eapiy, and ~~e said it't~ Yaall~ a dad ticiy~il~ur~iv~ct. He puro~~aQed ~3 ~ 673 square feet for ~3, 3U~.00. T37e property ie bordered on the southwest by the Hut~lli~ytu~i NUtLI~Ct~~ za.~~.xuda txdc;k. Yt: ie L•c~rdered on ttte east by the railroad ewitehyardg . The lc~t~ ate tiUt loyh~., huilda}.ale 1nta. All o~ them are portions of the Iota lacat;ed i~~~Iiiedf ute~.y to the nort~~, which Iota abut on Edison Street. &v Hof or~c: r~nyt~x~,ng oould b® done with the property, he would }~avP ~:o qn t.~~rcugh come sort of a subdivision process ar partit~.on process to separaL'e L~~esa late out f arom they're a pvrtiari cif, w~~i~1~ is ~n someone elvo' Q ownership. The street immediate~.y to the east c~i i:f~e property is uoadyear street. zt ie a very bad gravel ruaa L~~n~ i~ full a~ vad pothole8. The street to the vouthcaat 18 wilk~.e street. It's an old hlac:klvp street that~s very badly deteriorated. Q from I I T CUAh~~ f I I~hdC rya. ~~~ G0~ `J~'~~ Rpr. ~'~ ~~~.' ~.~1: ~~Af~ f~~2 Gabriel clock ~griL 24, 1997 FAge 2 ~n a r.P~ Aged matter, a few ycar~ ago a party nr~mad Zelltter had a similar at~~ia, vaCe-ted ~ueL' to the ac~ut~~ ~nt~ wA~t of tho pragarty r wAA ~o~~BBa~ i:h~ Sum of 5900.00. Mr. ~'di:c~:sen s op~-nion ~.R and h~ h8t. ~.)~P. LnGI'~~~4a ~va1uG tha~~: hie atrBAt. VaCStl4t~ hAa t~ ~Z~.A t - ert ~.e a 'roxi~~lxtely $1, bbd . ~i1 ar about a third ~}f what ~~e NLap y PF far t.h~ ether rc~~orty. ~it~ci Lis~L roughly equdto~ to tho pa~.d p t f t will ma~~.a , Bt~u~lr~ ~cc~l.ayc~ ~,r,uieQee ~~a I2 ou need f uzther it~tormation, or if you want to look at tZ~e ~ ov with 3, ~- • ~tr~pertr, ~laaflc von~aat ua ~n~~ wA will held Y Sincerely, H~ TNOMAS EVANS ~~T~ t last i Attorn~~ ac Law 7~Q Lawrcncc ~u~~ne. Ur~aon ~74U1 TvjephQn~ ~b4~~ ~~?-~~~3. ~'ax (b~1~ 883~92da Apra~l 24, 1997 Gabr3.~l Flask C~t~ of Eugene 99 weep Tenth, Su~t~ ~4a Eugene, ~R 9 74 ~ ]. Ru~o RayQr Eugene, Uregon RF : Nnt i.r_~ of Propoa~-d Ae~esement Vacatio[~ rec~udaL Side Street) Qentlemens I sent you a fQx dal:ed A~aril ~4 ~ 199? ~ aonv®rning the proposed sQ~caament for Side ~traat. In that fax, on three diff.P.r~nt occaafon~, I made reference to a Mr. ~ete~eeen. That reference wag a~~ ~~i~~i u~~ m~ paa:t. In en~h cast, I vhou3.d havc acid SJt~ Tnn. end I should have ~.olc~ yr.~t~ i n the first paragraph on the gec:arid page o~ she letter that it is tie v~alt~iuss Vj $c,~~iiiG Pay~za~ ~i~d is th9 principle snd sole gharaholder of BJPr Inc., th~f the approximate value of the property is $ltoafl.D~. xhank you for yr~uz~rnnA i r~~rAt~.on in this matter ~inaerely, ~ , . '' ...r.~,,,r---..~ ~... T ores FvAt~~ I~T~ :1 a k ASSESSMENT AMOUNT FOR STREETIALLEY VACATIONS T0: Gabe Flack, Eugene Planning Division FROM: Russ Royer, Real Property Officer FILE NUMBER: SV91-01 CITY COUNCIL CALL HEARING DATE: 414191 CITY COUNCIL REGULAR PUBLIC HEARING DATE: 412819? SUBJECT PROPERTY: Side Street Vacation - 40' wide street right of way extending approximately 1l5 feet west of Vllilke Street ion centerline}. Tota! area to be vacated is 7,390 square feet. LOCATION: Adjacent to the south of Assessors Map and Tax Lot Number 11-04-26-12 6400. Adjacent on the north side of Assessors Tax Lot Numbers 6500. PETITIONERS: B. J. P. Inc. Bonnie J. Payne AMOUNT OF ASSESSMENT: The total assessment for the ?,394 square feet is estimated to be .This value is based on the premise the Gity will retain an easement for sanitary sewer and public utilities over the entire area. • f 1 Y Ir f'R ~~~ Russ Royer, Real roperty Officer Date