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HomeMy WebLinkAboutOrdinance No. 20158gRDINANCE Nq. Zo15S AN gRDINANCE VACATING A PgRTIUN qF THE STREET RIGHT-qF-WAY LOCATED NEAR THE SgUTHWEST CgRNER qF gAKMgNT WAY AND SgRREL WAY. The City Council of the City of Eugene finds that: A. On the 10~' day of May,1999, 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 2S~` day of June, 1999, at the Council Chambers at City Hall, Eugene, Oregan, 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 portions of street right-of-way: A portion of the Oakmont Way and Sorrel Way right-of-way, approximately ?35 square feet in area, near the southwest corner of Oakmont Way and Sorrel day, Tax Lot 0101 S, Assessor's Map 1?032910, more particularly described in Exhibit A attached hereto. ~Albertsons, SV 98-6~. Reserving herein a sidewalk easement as more particularly set forth in Exhibit A attached hereto. B. The notice of the hearing as posted and published proposed the reservation of both a public utility easement and a sidewalk easement. The property owner has conveyed an easement covering E~EB's existing utilities, and it is therefore unnecessary to reserve a public utility easement as initially proposed. THE CITY qF EUGENE DgES gRDAIN AS FgLL4W S: Section 1. The City Council of the City of Eugene finds that due and regular notice of the hearing was published and posted as bylaw 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 portions of streetright-of way and the public interest will ORDINANCE -1 not be prejudiced by the vacation of the portions of street right-of way. The hearing was held on the 28~' day of June, ~ 999, at 7:3 ~ p.m., Pacific Time, at the Council Chambers, Ci Hall tY 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 portions of street right-of way are hereby vacated, subj ect to the retained sidewalk easement and the portions 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 shad 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 1Zt~ day of July,1999. ~o City Recorder ORDINANCE - 2 1Ztb day of July,1999. EXHIBIT A (page 1) A PARCEL OF LAND BEING A PORTION OF OAKMONT WAY AND SORREL WAY VARIABLE IN WIDTH},LOCATED IN THE NE 114 OF SECTION 29, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, CITY OF EUGENE, LANE COUNTY, OREGON, SAID PARCEL OF LAND DESCRIBED SPECIFICALLY AS FOLLOWS: CGMMENCING AT THE NORTHWEST CORNER OF THE COMMON AREA AS SHOWN ON THE LAND PARTITION PLAT N0.97-P 1042 ACS 34692}, LANE COUNTY PARTITION RECORDS, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SALD SORREL WAY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89°33'42" WEST, 0.10 FEET TO THE TRUE PINT 4F BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 89°33'42" WEST, 22.90 FEET TO A POINT ON THE WESTERLYRIGHT-OF-WAY LINE OF SAID OAKMONT WAY; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY NORTH 00 ° 15'41" WEST, 53.05 FEET; THENCE NORTH 11 °27' 1 S" EAST, 4.30 FEET; THENCE LEAVING SAID WESTERLYRIGHT-OF-WAY LINE SOUTH 23 °09' 15" EAST, 56.62 FEET; THENCE SOUTH 00 ° 15'41" EAST, 5.03 FEET TO THE TRUE Pt]INT OF BEGINNING. RESERVING herein the following described easement: A TRACT OF LAND BEING A PORTION OF OAI~MONT WAY AND SORREL WAY VARIABLE IN WIDTH}, LOCATED IN THE NE 114 OF SECTION 29, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, CITY OF EUGENE, LANE COUNTY, OREGON, SAID TRACT OF LAND DESCRIBED SPECIFICALLY AS FOLLOWS: CGMMENCING AT THE NORTHWEST CORNER OF THE COMMON AREA AS SHOWN ON THE LAND PARTITION PLAT N0.97-P 1042 ACS 34692}, LANE COUNTY PARTITION RECORDS, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID SORREL WAY; THENCE ALONG SAID SOUTHERLYRIGHT-OF-WAY LINE SOUTH 89°33'42" WEST, 0.10 FEET TO THE TRUE PGINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE SOUTH 89°33"42" WEST, 2.75 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 00 ° 15'41" WEST, 4.47 FEET; THENCE NORTH 16°44'06" WEST, 24.60 FEET; THENCE SOUTH 23°09'15" EAST, 25.00 FEET; THENCE SOUTH 00 ° 15'41" EAST, 5.03 FEET TO THE TRUE P(]INT 4F BEGINNING. EXHIBIT MAP ALBERTSONS X572 PROPOSED .RIGHT-OF-WAY VACATION ..... . .. ...... ~: ..~ :. ... .w...... ......~...~............~. ......~... '..0........ .... ... ....... .................... :.. ........... .... .............0........ ~. '.'... .~.. .'.'.','...... lA~. ~ ..... ........ . .... ': b .... ..... ;. ... . " PROPOSED ;~::::::::: RIGHT-OF-WAY o~:::::: ~. VACATION ~~~~~ ~ ~~ ....... .~- r~ r~ .............. ... ...... .. ~5~2 ~ .... ..... ~. DNS 5 ~ .: ~:::~:~::::.:;: P~gERgv~~p~NG ~ .:..: :.::.::.......:: ... .. K~~ ....... ............ ~ ...... scA~E: ~~=50' EXHIBIT PREPARED BY: WRG DESIGN INC. 1045a S.W, NIMBUS AVENUE PORTLAND, aREGON 97223 PHaNE: ~5a3~ fi03-9933 sae Na. ALeaa~ raphy: Charles Sad, 04/29/1999 ~ ~~ ~0 ~~~ ~o~' 0 3 0 A~ber~son's Area of Proposed Street Vacation Albertson's (SV 98-006) Prepared by the City of Eugene Proposed vacation of a portion of Planning Division Oakmont Way near Sorrel Way Sorrel Way I N 50 0 50 100 150 200 Feet