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HomeMy WebLinkAboutOrdinance No. 18774ORDINANCE NO. ~ 8774 An Ordinance initiating th,e vacation of the following described public utility easement, to-~~wit. As described on F~hibit " A~' attached hereto and in-~ corporated herein by reference . ~~,TD EV 81-1 ~ THE CITY OF EUGENE DOES ORDAIN AS FoT,ZOwS: Section 1. The City Council of the City of Eugene herein ini- tiates the vacation proceedings on its own authority without peti- tion or consent of the property owners, except as provided by statute, of the above described public utility easement. Section 2. A hearing shall be held upon the proposal to vacate the public utility easement as herein provided, and the hearing shall be held on the 27th day of May, 1951, at noon, Pacific Daylight Time of said date, at the Council Chambers at C~,ty Hall, Eugene, Oregon, at which time all persons will be heard upon objections or suggestions with regard to the vacation, and at said time the Council will provide for the vacation of the public utility easement or deny such vacation, and in case the vacation is made, will provide and make prov~.sion for any damages sustained by loc~:l assessment. Section 3. The City Recorder is hereby directed to immediately publish once each week for four consecutive weeks in a newspaper pub- lisped in Eugene, Lane County, Oregon, notice of the proposed vaca- tion. The notice shall give a description of the area to be vacated as herein set out; state the date when this ord,~nance was passed, the name of any petitioners petitioning for the vacation, and the date when the petition, together with any objections or remonstrances which may be made in writing and filed with the Recorder of the City of ordinance - 1 1877'F Eugene prior to the date of the hear,~n~~ wi~.~. be heard and considered. Section 4. The City Recorder sha11 forthwith and within five days after the first publication of the notice posh or cause to be posted, at or near each end of the proposed ~a,cation a copy of the foregoing! which shall be hewed "Notice of Pub~,ic Utility Easement Vacation," and which notice shall be posted in at least two conspi- cuous places in or on the area proposed to b~e ~racated. The posting' and the first day of pub~c~tion of the notice shall be not less than twenty-~~e.ight ~28~ days before the time set for hear- . ing, Passed by the City Council this 5th day of Ap `l, l~~S City Recorder Approued by the Mayor this 15th day o~ Apri1, 1981, Counc~ President, Acting Mayor ordinance - 2, a ~ * ~~~~ ~~ ~ r 7 l ~ ~ ' ~. EXHIBIT "A" Ev 51-1 ~~ TRANS WESTERN INVESTORS, INC., AN DREGON CORPORATION The South seven feet of the fol ]owing described tract of land to be used as a Publ i s Uti 1 i ty Easement: Beginning at a point on the South line of Eighth Avenue West as said Avenue i s 1 ai d out i n the City of Eugene, Dr~egon, 910.3 feet West and 29.0 feet South of the Northwest corner of the James Hudd1 estop Donation Land Claim No . 37 i n Township 1 l South, Range 4 Wes t of the Wi 11 amette Meridian, and running thence South 145.0 feet; thence East 62.10 feet; thence Narth 145.0 feet to the South 1 i ne of said Ei ght~~ Avenue; thence West 62.10 feet to the p1 ace of beginning, i n Eugene, Lane County, Dregon. ALSD, The South seven feet of the fo11 owi ng described tract of 1 and to be used as a Pub1 is E1ti 1 i ty Easement: Beginning at a pai nt an the South Line of Eighth Avenue West as said Avenue i s 1 ai d out i n the City of Eugene, Oregon, 1241.15 feet West and 29.0 feet South of the Northwest career of ,the James Huddl estop Donation Land C1 aim No. 37 i n Township 17 South, Range 4 West of the Wi 11 amette Meridian, and running thence South 145.0 feet to a point 149.5 feet North of the Northwest career of West-Moreland Addition to Eugene, as platted and recorded at page 26 of volume S, Lane County Oregon Plat Records; thence East 270.85 feet; thence North 145.4 feet to the South line of said Eighth Avenue; thence West 270.55 feet to the place of beginning, i n Lane County, Dregon. SAVE AND EXCEPT premises conveyed to City of Eugene by deed recorded January 22, 1957, a s Reception No . 4365, Deed ~ Records o f, Lane County Oregon to widen Garf'i~e1~d Street. The Easement is at the present time enchroached by a structure and this easement is granted provide that said structure may enchroach upon said easement. isi,y~ NOT I:CE ~F ~'ACAT Z C}N TO ALL PERSONS WHON~ TT:MAY C~NC~RN; NOTICE IS HEREBY GIVEN that at a meet%n~' o~ the City Council of the City of Eugene, held at the Council, Chambers at City Hall, Eugene, Oregon, on the l5th day of April, ~,9S1, there was passed by the City Council and appro~red by the Maypr of the ,City of Eugene, Lane County, Oregon, an Ordinance setting a hearing to be held on the 27th day of May, ~.95~., at 12: DO noon, Pacific Daylight Time, at the Council Chambers at City T~a11, ~ E.ugene, Oregon, for the purpose of hearing remonstrances and protests against the vacation by Ordi- nance of ~ the City Council of the fo~.lowing; The South seven feet o~ the fol~lo~wng described tract of land to be used as a public utility easement; Beginning at a point on the South line o~ Eighth Ave~.ue West as said Avenue is laid out in the City of Eugene, Oregon., 9 7 0.3 feet des t and 2 9.0 feet South o f zthe Noxth~ west corner of the Names Huddleston Donation Land Claim No. 37 in Township 17 South., Range 4 West of the Wi11a~-~ mette Meridian, and running thence South 145.0 feet; thence East 62.10 feet; thence North. 145.Q feet to the South sine of said Eighth Avenue; thence West 62.10 feet to the place. of beginning, in Eugene, Zane County, Oregon. ALSO: The South seven feet o,~ the fol~,owing described tract of land tv be used as a public utility easement: Beginning at a point on the South. Z.:i.n~ of Ea,ghth Avenue Vest as said Avenue is laid out in the City of Eugene, Oregon, 1241.15 feet Vest and 29,Q feet South of the Northwest corner off' the O'ar~es Huddleston Donation Land Claim No.. 37 in Township 17 South., Range 4 West of the Willamette Meridian, and running thence South 145.0 feet to a point 14 9.5 feet North of the Noxthwes t cor- ner of West~Moreland Addi.ti~on tQ Eugene, as platted and recorded at page 26 of volume S, Lane County Oregon Plat Records; thence East 270.55 feet; thence North 145,0 feet to the South line o,f said Eighth Avenue; thence West 274.,55 feet to the place of beginning in Vane County, Oregon. SAVE AND EXCEPT premises conveyed to City of Eugene by deed recorded January 22~ 195.7, as Reception No. 4365, Deed Records o~f sane County axegon tQ w~~.den Carf field Street. The ~ease~nent is at th.e preseht time encroached by a struc-- ture and this easement is granted provided that said structure may encroach upon said easement. Notice - 1 1877H- The City Council will consider and act upon the proposed vaca~ tion on the 27th day of May, 1951, at 12:40 o}clock noon, Pacific Daylight Time, at the Council Ch~ae~s ~t C,~ty Half,, Eugene, Oregon, and will consider an ordinance vacating tl~e above. A~.1 persons hav- ing objections thereto ox remonstrances ar protests are hereby not.i- fied to present the same to the City Council ,in w~riti.ng prior to said hearing or at said tide a,nd puce.. LTD ~S1-~l~ t~L7~IAM R, McGUIRE C~ X RECp~ i~ ~~ G C Notice - 2.