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HomeMy WebLinkAboutOrdinance No. 20155ORDINANCE NO. 20155 AN ORDINANCE VACATING A PORTION OF WEST 4TH AVENUE LOCATED wEST OF ALMADEN STREET AND EAST OF FILMORE STREET. The City Council of the City of Eugene finds that: Cn the 12th day of Apri1,1999, the City Council of the City of Eugene by Motion dul assed, Yp called a public hearing to be held at 7:30 p.m., Pacific Time on the 10th day of May, 1999, 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 portion of west 4th Avenue located west of Almaden Street and east of Filmore Street, Tax Lots 9000,12500 and 13400, Assessor's Map 17-04-25-43, as more particularly described in Exhibit A attached hereto and also depicted on the map attached hereto as Exhibit B, ~A&K Development; S~ 99-1 } Reserving herein a sanitary sewer easement aver the existing public sewer, and also reserving herein to the City of Eugene an access reserve strip over the easterly one-foot of the vacated area all as more particularly described in Exhibit A attached hereto and also depicted on the map attached hereto as Exhibit B. THE CITY OF EUGENE DUES ORDAIN AS FOLLOWS: SectYOn 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 ofstreetright-of-way. The hearing was held on the 10~' day of May,1999, at 7:30 p.m., Pacific Time, at the Council Chambers, City Hall, Eugene, Lane County, Ordinance - 1 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 are hereby vacated, subject to the retained sanitary sewer easement and access reserve strip, and the portion of street right-of-way so vacated shall revert pursuant to the statutes of the State of Oregon. Section 3. 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 this Approved by the Mayor this 10th day of May,1999. -1_ ~~~'~ _ ,' City Recorder Ordinance - 2 10th day of May,1999. EXHIBIT A DESCRIPTION DF RIGHT-QF-WAY VACATION WEST FOURTH AVENUE BEING THAT PORTION OF FOURTH AVENUE ~ ORIGINALLY PLATTED AND FORMERLY KNOWN AS FOURTH STREET } AS PLATTED AND RECORDED IN CRONER'S ADDITION TO EUGENE, OREGON, AT BOOK 4, PAGE 36 OF THE LANE COUNTY OREGON PLAT RECORDS AND IN CRONER'S SECOND ADDITION TO EUGENE, OREGON, AT BOaK 4, PAGE 93 OF THE LANE COUNTY OREGON PLAT RECORDS LYING WESTERLY OF A LINE DRAWN PARALLEL WITH AND 1.00 FOOT WEST OF THE PROJECTED EAST LINE OF LOT 2, BLOCK 5 OF SAID CRONER'S ADDITION AND EASTERLY OF THE PROJECTED EAST LINE OF LOT 1, BLACK 11 OF SAID CRONER'S SECOND ADDITION, INCLUDING THAT PORTION LYING WITHIN THE INTERSECTION OF FOURTH AVENUE AND FILLMORE STREET. RESERVING THEREFROM AN EASEMENT FOR SANITARY SEWER PURPOSES OVER A STRIP OF LAND OF UNIFORM WIDTH OF 20.00 FEET THE CENTERLINE OF WHICH IS COMMON WITH THE CENTERLINE OF THE EXISTING SEWER LINE, SAID CENTERLINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF (1 ~ A LINE DRAWN PARALLEL WITH AND 2.00 FEET WEST OF SAID NORTHERLY PROJECTION C?F THE EAST LINE OF LOT 2, BLOCK 5 OF SAID CRONER'S ADDITION TO EUGENE WITH (2} THE CENTERLINE OF SAID FOURTH AVENUE; THENCE, LEAVING SAID POINT OF BEGINNING, NORTH 89° 55` 00" WEST 248.00 FEET AND THENCE SOUTH 47° 00' 00" WEST 48.31 FEET MORE OR LESS TO THE SOUTH MARGIN OF SAID FOURTH AVENUE AS SAID MARGIN IS EXTENDED ACRGSS FILMORE STREET AS SAID FILMORE STREET IS SHOWN ON CRONER'S SECOND ADDITION TO EUGENE. THE EASTERLY LIMITS OF SAID STRIP BEING AFORESAID LINE DRAWN PARALLEL WITH AND 2.00 FEET WEST OF THE NORTHERLY PROJRCTION OF THE EAST LINE OF LOT 2, BLOCK 5 OF SAID CRONER'S ADDITION TO EUGENE AND THE WESTERLY (SOUTHERLY } LIMITS BEING SAID SOUTH MARGIN OF FOURTH AVENUE . SAID EASEMENT CONTAINING 5, 926. SQUARE FEET (0.136 ACRES } MORE OR LESS. AND ALSO RESERVING THEREFROM A STRIP OF LAND C3F UNIFORM WIDTH OF 1.00 FOOT AS AN ACCESS RESERVE STRIP, SAID STRIP BEING DESCRIBED AS FOLLOWS BEING A STRIP OF LAND OF UNIFORM WIDTH OF 1.00 FEET LYING CONTIGUOUS WITH AND WESTERLY OF A LINE DRAWN PARALLEL WITH AND 1.00 FEET WEST OF THE NORTHERLY PROJECTION OF THE EAST LINE OF LOT 2, BLOCK 5 OF SAID CRONER'S ADDITION TO EUGENE. SAID RESERVE STRIP CONTAINING 66 SQUARE FEET MORE OR LESS. 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