Loading...
HomeMy WebLinkAboutOrdinance No. 18985ORDINANCE NO. ~~~ AN ORDINANCE AMENDING ORDINANCE N0. 18766; VACATING A PLAT DEDICATION, INCLUDING PROPERTY LINES, STREET DEDICATIONS, AND PUBLIC EASEMENTS; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: 1. On March 11, 1981, the City Council enacted Ordinance No. 18766 which vacated public utility. easements in the following property: Lots 1, 2, 3, 4, 5, 6, 7, 5, 9, l~, 11, 12, 13, 14, 15, 16, Block 2, and Fergus Street west of the west right-of-way margin of Elizabeth Street of Fergus Manor as platted and recorded in File 73, Slide 345, Lane County Plat Records, Lane County, Oregon. RESERVING herein a 7 foot public utility easement on the ground, beneath the ground, and above the ground, along the easterly boundary of Lot 16 and the right to enter thereupon for purposes of construction, re- construction and maintenance. Spring Const. EV SO-77 ~~~ 2. Such Ordinance failed to reflect the intent of the City Council in that the Council adopted the staff recommendation to grant the vacation application. Such application was for a plat vacation in addition to the easement vacation. 3, It is therefore necessary to amend Ordinance No. 18766 by expanding the property interests to be vacated to include prop- erty lines and street dedications along the previously vacated public easements, reserving the public utility easement previously reserved. 4. The findings contained in Ordinance No. 18766 are incor- porated herein as though fully set forth. 5. No need for a public hearing exists inasmuch as this Ordinance is a curative amendment to Ordinance No. 15766 and no Ordinance - 1 18985 public opposition occurred at the Planning Commission and Council hearings on the plat vacation request, which hearings were adver- tiled as hearings on a plat vacation. Now, therefore, based upon the above findings, the staff recommendation and the record before the City Council concerning Ordinance No. 18766, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 18766 is amended and the hereinabove described plat is hereby vacated, reserving a 7 foot public utility easement on the ground, beneath the ground, and above the ground along the easterly boundary of Lot 16 and the right to enter there- upon for purposes of construction, reconstruction and maintenance. Section Z. The plat so vacated shall revert pursuant to the statutes of the State of Oregon. Section 3. The City Recorder is directed to file a certified copy of this Ordinance with the Recorder of Lane County, Oregon, together with a map ar 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. Section 4. In order to insure the prompt correction of the tax rolls and prevent inequities in assessment, this Ordinance should be immediately effective and therefore, an emergency is hereby declared to exist, and this Ordinance shall be effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this ~+~ day of _~~~~_, 1982 (~t.JI.A~ ~~..~~-~C..Gt,/~-... City Recorder Approved by the Mayor this of 1982 Mayor Ordinance - ~.