Ord 2449 - Easement 1274 5th StCOUNCIL BILL NO. 2758
ORDINANCE NO. 2449
AN ORDINANCE VACATING A PORTION OF A TRIANGULAR PERMANENT
EASEMENT IN 1274 5TH STREET AND DECLARING AN EMERGENCY.
WHEREAS, The City Council initiated the vacation proceedings of this portion of an
existing permanent utility easement on November 10, 2008; and
WHEREAS, Resolution 1915 fixed the time, place and date of a public hearing to
receive public comment on whether that certain portion of a triangular permanent easement at
12745 th Street should be vacated; and
WHEREAS, The City Council on December 8, 2008 held the public hearing on the
question of vacation; and
WHEREAS, the City Council has considered the public testimony, the staff reports, the
need for the proposed vacation and the public interest herein; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
SECTION 1. The tract of real property subject to the vacation is legally described in
Exhibit "A" to this Ordinance, which is incorporated herein. A sketch of the subject property is
attached as Exhibit "B" to this Ordinance, which is also incorporated.
SECTION 2. The Council finds that no oral objections were made at the public hearing
and no written objections have been filed with the city for this vacation.
SECTION 3. The Council hereby vacates that portion of the triangular section of the
permanent easement referenced in Section 1.
SECTION 4. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed
with the Marion County Clerk.
PAGE 1- COUNCIL BILL NO. 2758
ORDINANCE NO. 2449
SECTION 5. This ordinance being necessary for the immediate preservation of the
public peace, health, and safety in order to accommodate the property owner's desire to
rehabilitate its existing apartments, an emergency is declared to exist and this ordinance shall
take effect immediately upon passage by the Council and approval by the mayor.
Approved as to form:
City Attorney
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
Attest:
Mary Te t, City Recorder
City of Woodburn, Oregon
PAGE 2- COUNCIL BILL NO. 2758
ORDINANCE NO. 2449
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January 28, 2009
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January 28, 2009
EXHIBIT "A"
December 29, 2008
Easement Vacation Description
Nuevo Amanecer Phase I
Job No. 2007-296
W.B. Wells
& Associates, Inc.
Surveyors • Engineers • Planners
$ Exceptional Service,
y • ?MAI Creative Solutions,
I Quality Beyond
Your Expectations
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 Portion Of Said Easement Lying Northeasterly Of Engineer's Station 1142+75, As
Shown On Oregon State Highway Division Drawing No. 913-8-14 Dated January 1971 And
Southwesterly Of A Line Lying Parallel To And 2.00 Feet Northeasterly Of The
Northeasterly Line Of An Existing Building At Approximately Engineer's Station 1143+79,
As Shown On The Accompanying Sketch And By This Reference Made A Part Hereof.
REGISTERED
PROFESSIONAL
AND D S UBLV EYO R
OREGON
JULY 13, 1984
RANDY La ROHNER
2107
EXPIRES: 12-31- 10
4230 N.E. Fremont St. • Portland, OR 97213 • E-mail: Info@wbwells.com • Fax: 503/284-8530 • Phone: 503/284-5896
EXHIBIT "B"
,� NQ1'3Q'00"E 295.25' —VL
T
\ � 1
2 i1 PARCEL 1
PARTITION PLAT NO. 93-15
/
PORTION OF EASEMENT
TO BE VACATED
SSPE /19 ' f
1 /
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/ a
� 1
2
/
REGISTERED
PROFESSIONAL 1 6 3ti
LAND SURVEYOR $; \ 1 3 3 �5
JULYRANDRL.GROHNER A 4A4�1 oil 4
EXPIRES 12-31-10 J
EASEMENT NOTES ' '
1� LIMPED ACCESS PROVISIONS AND PERMANENT SLOPE ANDC�`Lg�
DRAINAGE EASEMENT IN DEED TO STATE OF OREGON, BY
AND THROUGH ITS STATE HIGHWAY COMMISSION RECORDED
DCTOBER 8. 1971 IN BOOK 713, PACE 0684, DEED
RECORDS.
J AN EASEMENT FOR UTILITY PURPOSES TO THE CITY OF
WOODBURN PER DOCUMENT RECORDED NOVEMBER 2, 1977
IN REEL 101, PAGE 0749, FILM RECORDS.
EASEMENT SKETCH
FOR
NUEVO AMANECER PHASE I
1274 FIFTH STREET
IN THE SE 1 4 OF SECTIaY 7, T55, RIw, W.M.
CRY GF DBURN, MARION COUNTY, OREGON
$. W.B. WELLS
& Aeaociatas In
SNG]N6ERS-8URY6YOR6-p INBRS
gd 4239 N.6. Fremont SL
Portland, Oregon 97213
(503) 204-5896 }e: 1(503) 264-8530
)RAWN BY: AMM ICHECKED BY: RLR
)ATE: 10/31/08 SCALE: 1"=50'
'LOT DATE: 12/29 08 JOB NO.: 07-296
DWG: P:\07-296\BLDG 9 ESMT SKETCROWG