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Res 1915 - Easement 1274 5th StCOUNCIL BILL NO. 2754 RESOLUTION NO. 1915 A RESOLUTION ESTABLISHING A PUBLIC HEARING DATE FOR THE VACATION OF A PERMANENT EASEMENT, A TRIANGULAR SECTION IN NE CORNER OF 1274 51" STREET, AND DIRECTING THE CITY RECORDER TO GIVE PUBLIC NOTICE. WHEREAS, the City Council has the legal authority to initiate a vacation proceeding; and WHEREAS, It is in the public interest to conduct a public hearing on the question of whether certain portions of the existing permanent easement in 1274 5th Street should be vacated; and WHEREAS, City staff has recommended that Council establish a time and place for a public hearing to start the vacation process; and WHEREAS, the City Council, through this resolution, initiates the proposed vacation, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The tract of real property subject to the proposed easement vacation is legally described as follows: A Portion Of An Easement For Utility Facilities, With All Appurtenances Incident Thereto Or Necessary Therewith, Recorded November 2, 1977 In Reel 101, Page 0749, Microfilm Records For Marion County, In, Under And Across A Portion Of Parcel 1 Of Partition Plat No. 93-15, Recorded March 2, 1993 In Reel 1037, Page 0403, Microfilm Records For Marion County, Located In The Southeast One -Quarter Of Section 7, Township 5 South, Range 1 West Of The Willamette Meridian, City Of Woodburn, County Of Marion, State Of Oregon, More Particularly Described As Follows: That Triangle Formed By A Line Extended From The Two Southwesterly Corners Of An Existing Easement (Tax Lot No. 173 1-2, Vol. 713, Page 0684, Milbro Inc.), A Distance Of 178 Feet More Or Less. A diagram of above described area is attached to this Resolution as Exhibit A and is incorporated herein. Section 2. That 7:00 P.M. on December 8, 2008 in the Woodburn City Council Chambers, 270 Montgomery Street, Woodburn, Oregon, is the time and place for the public hearing on whether the above-described permanent easement shall be vacated. Page 1 - Council Bill No. 2754 Resolution No. 1915 Section 3. That the City Recorder is directed to give notice of the public hearing as provided by law. Approved as to form: Passed by the Council Submitted to the Mayor -e-07 rq City Attorney Approved by the Mayor Filed in the office of the Recorder ATTEST: Mary Ten ant, City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. 2754 Resolution No. 1915 APPROVED: Kath Date: � j 61 �O *Ma November 10, 2008 November 12, 2008 November 12, 2008 November 12, 2008 EXHIBIT "A" ` 2 \ Stp \/r00 � X00 / \ l/ PORTION OF EASEMENT Y TO BE VACATED / \,AAt50 Sip / 3 / a m, PARCEL I PARTITION PLAT N0. 93-15 EASEMENT NOTES O1 LIMITED ACCESS PROVISIONS AND PERMANENT SLOPE AND DRAINAGE EASEMENT IN DEED TO STATE OF OREGON, BY AND THROUGH ITS STATE HIGHWAY COMMISSION RECORDED OCTOBER 8, 1971 IN BOOK 713, PAGE 0684, DEED RECORDS. .,.Sr., 16 33' 4P4C�� ly0 9 KGs \ Q 1� O AN EASEMENT FOR UTILITY PURPOSES TO THE CRY OF / WOODBURN PER DOCUMENT RECORDED NOVEMBER 2, 1977 \ IN REEL 101, PAGE 0749, FILM RECORDS. 1 FZ�� ls0 DoE REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 13, 1984 RANDY L. ROHNER 2107 EXPIRES 12-31-08 J EASEMENT SKETCH NUEVO AMANECER PHASE I 1274 FIFTH STREET M THE SE 1/4 OF SECTION 7, TSS, R1W, W.M. CITY OF WOOORURN, MARION COUNTY, OREGON