Loading...
HomeMy WebLinkAboutOrdinance No. 18808ORDINANCE NO. ~.g $r d~ An Ordinance vacating the following descr~,bed public utility easement, and declaring an emergency. As described on Exhibit "A" attached hereto and in- corporated herein by reference . ,LTD Ev 81-1 ~ On the 15th day of April, 1981, the City Council of the City of Eugene passed ordinance No. 18774 setting a hearing to be held on the 27th day of May, 1981, at the Council Chambers at City Hall, Eugene Oregon, at which time and place protests and remonstrances could be heard as to the proposed vacation of the above described public utility easement. Notice was duly and regularly giwer~ of the hearing and a hear- ing was held pursuant to the Ordinance at the Council Chambers, at City Hall, Eugene, Oregon, on the 27th day of May, 1951, at Noon, Pacific Daylight Time, and at said time and place the Council heard all objections. All persons owning property abutting upon the public utility easement to be vacated have consented to the vacation and applied for the same. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 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 have been made at the hear- ing 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 public utility easement. Ordinance -- l 18808 Section 2. The hearing was held on the 27th day of ~~ay, 1981, at noon, Pacific Daylight Time, at the Council Chambers, City Hall, Eugene Lane County, Oregon, and all matters necessary to be done in the premises have been duly and regularly completed. Section 3. The hereinabove described public utility easement is hereby vacated, and the public utility easement so vacated shall re- vert pursuant to the statutes of the Mate of Oregon. Section 4. The City Recorder is hereby directed to file a cer- tified copy of this Ordinance with the Recorder of Lane County, Oregon, together with a map or plat. of said property, and a certi- fied copy of this Ordinance shall be filed with the Zane County ~ssessar and another certified copy shall be filed with the Lane County Surveyor. Section 5. Matters concerning public transportation affect the welfare and safety of the citizens of the City of Eugene, and vacation of the above described public utility easement is necessary in order to proceed with construction of a new fueling station for the Lane Transit District bus operation. Construction cannot proceed until these vacation proceedings are concluded, and it would not be in the best public interest to have the construction delayed and therefore, an emergency is hereby declared to exist, and this Ordinance shall became effective immediately upon its passage by the City Council and approval by the Mayor. ~pp~o~ed by the Mayor this 27th day of May, 191 Counci] President, ~ct~ng Mayor Ordinance ~ ?. Passed by the City Council this 18808 EXHIBIT "A" EV 81-1 TRANS WESTERN INVESTOR5, INC., AN OREGON CORPORATION The South seven feet of the fo11 owi ng described tract of 1 and to be used as a Pub1 i s Uti 1 i ty Easement: Beginning at a poi nt on the South 1 i ne of Eighth Avenue West as said Avenue i s 1 ai d out i n the City of Eugene, 01~egon, 910.3 feet West and 29.0 feet South of the Northwest corner of the dames Huddl.eston Donation Land Claim No . 37 i n TownShi p 17 South, Range 4 Wes t of the Wi 11 amette Meridian, and running thence South 145.0 feet; thence East 62.10 feet; thence North 145.0 feet to the South ] i ne of said Ei ght~~ Avenue; thence West 62.10 feet to the place of beai nni ng, i n Eugene, Lane County, Oregon. AL50, The South seven feet of the fol 1 owi ng .described tract of 1 and to be used as a Public Utility 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, Oregon, 1241.15 feet West and 29.0 feet South of the Northwest corner of the James Hudd1 estop Uanation Land C] 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 corner of Wes t-Morel and Addition to Eugene, as p1 atted and recorded at page 26 of volume 8, Lane County Oregon P1 at Records; thence East 270.85 feet; thence North 145.0 feet to the South 1 i ne of said Eighth Avenue; thence West 270.85 feet to the p1 ace of beginning, i n Lane County, Oregon. SAVE AND EXCEPT premises conveyed to City of Eugene by deed recorded January 22, 195.x, as Reception No. 4365, Deed Records of, Lane County Oregon to widen ,~.~`r~~~ ~~d~~.St~~~:e:t,: The Easement is at the present time enchraached by a structure and this easement is granted provide that said structure may enchroach upon said easement.