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Ord 1785COUNCIL BILL No. 683 ORDINANCE No. 1785 AN ORDINANCE RELATING TO THE VACATION OF STRS~,T RIGHT-0F WAY RUNNING SOUTH FROM RAINIER RpAD TO OREGON STATE HIGHWAY 214, AND RE7~]TION OF EASEn+III~TS. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN; Section 1. That all of that section of public right-of way lying Southerly of Rainier Road and between Lot 3, Block 29, Woodburn Senior Estates No. 3 and Lot 1, Block 30, Woodburn Senior Estates No. 3 as indicated by the words "to be vacated" on the drawing hereto attached and marked Exhibit A, which drawing for greater certainty is hereby made apart of this ordinance by, and the same is, no longer required for public use and the public interest will be served by such vacation. Section 2. Easements for utility purposes are expressly re- served by the City, through, over and across the Easterly 15 feet of the above described 60-foot wide area to be vacated. All conditions imposed by the plat of Woodburn Senior Estates No. 3 and a1~1 covenants pertain- ing to ownership shall apply. No structure may be placed on the ease- ment, or within a 45° projection upward from the bottom of any buried pipes. The City shall, upon each and every occasion that any facilities are constructed, maintained, replaced, reconstructed or removed on or under the ground, restore the premises to grade and replace grass by seeding. Bushes, shrubs, trees or other landscaping will not be re- placed if removed or d~rnaged. Section 3. All asphalt paving and concrete curbs in the vacated area will become the property of the petitioners. The City shall not be required to patch, repair, replace remove or install any asphalt paving or concrete curbs in the 60-ft. wide vacated axea. Page 1 -COUNCIL BILL No. 683 ORDINANCE N0. 1785 Section 4. The vacation herein provided for is made upon the express condition subsequent that within 12 months from the date of passage of this ordinance, an easement in form of Exhibit B be executed by the property owner of record of the affected parcel and be recorded with the Marion County Recorder, Section 5. This ordinance shall take effect and be in force from and after its passage subject to all the conditions subsequent as set forth in Section 4 being completed within 12 months after passage of this ordinance. ,, , s , ~~ ~ PP ~ ~ ~ ~ ~ ~ ~.,w A roved as to form ~ ~ ~ F ~ ~ ~~~ ~ ~ tto y ' Da e 1J APPROVED: `~, E,' TER LAW ,MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Au gust 9, 1982 Au gust 10, 1982 Au gust 10, 1982 Au gust 10, 1982 ~~ ~{~ ~~ ATTEST: ~ /`; ' ~~ ~~~ ~- . ~ ~ ~~~~.:f~,. ~~ ~..` BA]~NEY 0 . B ~ I S , RECORDER, City of Woodburn, Oregon Page 2 -COUNCIL BILL No. 683 ORDINANCE N0. 1785 I, EARPdEY 0. BURRIS, Recorder of the City of Woodburn, Oregon, do hereby certify that I caused to be posted three copies of Ordinance i~o. 1785, one of which said copies posted in City Hall on the bulletin board adjacent to the entrance to the Recorder's Office, in full view of the traveling public; a second one of said copies pasted on the Woodburn Public Library bulletin board at 280 Garfield Street, in full view of the traveling public; a third one of said copies posted on the Woodburn Community Center bulletin board at 491 it!. Third St., in full view of the traveling publics that all of said places are public places within the corporate limits of the City of Woodburn and all of said copies were posted an the 12th day of August 1982. A~ ., -,> Barney 0. urris, Recorder City of Woodburn, Oregon ~/~1 I~i•~~ 1 t"~ ~.a~r ~ ~~~ ~o ,~,. ~~ ~-~~ ~'~ ;~ ~"~ '+*. ~°'~ • • • • f • ~• • • • • • • • • • A • ••• • • • • • • • •m • • • • • • - • • s r • • • • • • • e • ., ~' f h,«.~~ ~`s i ` u ~~~~ ~;a ~~~~ W~ *~ .~ c ~~, ~ ~ ~ ~ ~~` 1.~ ` ~ ,~ ~@4 '~~ ~`~ an . ,~ ~'~ "~M. 1~ ~ "J • ~ ~ ~ • ~"~~ ~~ v • i • • • ~ • • • • • • • • ! • •