Ord 1725COUNCIL BILL NO 597
ORDINANCE N0. 1725
AN ORDINANCE REBATING TO THE VACATION OF STREET RIGHT-OF-WAY RUNNING
EAST FROM CASCADE DRIVE, AND RETENTION OF EASEMENTS.
WHEREAS, the Common Council of the City of Woodburn, after due
investigation and consideration in conformance with ORS 271.090 et seq,
has determined that the nature of extent of the public use and the public
interest to be served i~s such as to warrant the vacation of part of the
public streets described in this ordinance, and,
WHEREAS, since the land proposed to be vacated is a public street,
no city lien or taxes have been levied thereon, and therefore filing a city
lien certi~fi'cate and tax clearance certificate with the City Recorder, as
required by 5271.130 (3), Oregon Revised Statutes is unnecessary, now,
therefore,
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. That all of that section of the public right-of-way
lying Easterly of Cascade Drive and between Lot 1, Block 71, Woodburn
Senior Estates No. 7 and Lot 20, Block 70, Woodburn Senior Estates No. 1
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
a part of this ordinance be, and the same is, no longer required for public
use and the public interest will be served by such vacation.
Page 1 - COUNCIL BILL N0. 597
ORDINANCE N0. 1725
SECTIOi~ 2, Easements for utility purposes are expressly reserved
by the City, through, over and across the Northerly 11 feet, the Southerly
11 feet, and the Easterly 10 feet of the above described 60-foot wide
area to be i~acated, No structures may be placed on the easements. The
City shall, upon each and every occasion that any facilities are constructed,
maintained, replaced, reconstructed or removed on or under the ground, re-
store the premises to grade and replace grass by seeding. Bushes, shrubs,
trees or other landscaping will not be replaced if removed or damaged.
SECTION 3, The vacation herein provided for is made upon the
express condition subsequent that within 12 months from the date of pass-
age of this ordinance, all of the following events and transactions occur;
(A} Easements in form of Exhibit B and C be executed by the
property owners of record of the affected parcels and be recorded with
the P~arion County Recorder.
(B} The following improvement is to be completed, It is subject
to inspection and approval by the Public Works Department of the City of
Woodburn: install an 8" ductile iron watermain at the Cascade stub.
SECTION 4. 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 2 being completed within 12 months after passage of
this ordinance.
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APPROVED:
E."WALTER LA , Mayor
Page 1 -COUNCIL BILL N0. 597
ORDINANCE N0. 1725
Passed by the Council
Submitted to the ~layor
Approved by the ~1ayor
Filed in the Office of the Recorder
,~
ATTEST:,::" ~ .. ~, ~ , w ~.
arney 0. urr' ;Recorder
City of Woodburn, Oregon
October 27, 1980
October 28, 1980
October 28, 1980
October 28, 1980
Page 3 - COUNCIL BILL N0. 597
ORDINANCE N0. 1725
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C QTY OF WOODBURN
JUNE 23, 1980 Ls
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EXHIBIT B
EASEMENT
KNOW ALT, MEN BY THESE PRESENTS, that Benjamin K. & Dorothy M. Bayer
for the consideration of One Dollar ($1.00) and other valuable considerations to them
paid, the receipt thereof hereby is acknowledged, hereby do forever grant unto the CITY
OF WOODBURN, a Municipal Corporation of Marion County, Oregon, referred to herein as
the CITY, permanent right-of-way and easement over and .along the full width and length
of the premises described as follows, to wit:
North 5 feet of Lot 20, Block 70, Woodburn Senior Estates No. 7, Tax Lot 93031-470
with the right, privilege and authority, to said City, to construct, maintain, replace,
reconstruct, remove, and add to, any utility (Sewer, Waterlines, etc.) with all appur-
tenances incident thereto or necessary therewith, in, under and across the said pre-
mises, and to cut and remove from said right-of-way any trees and other obstruct ions
which may endanger the safety or interfere with the use of said pipelines, or appur-
tenances attached or connected therewith and the right of ingress and egress to and over
said above described premises at any and all times for the purpose of doing anything
necessary or useful or convenient for the enjoyment of the easement hereby granted.
THE CITY SHALL, upon each and every occasion that any utility (Sewer, Waterlines,
etc.) is constructed, maintained, replaced, reconstructed or removed, or added to, re-
store the premises of the Grantors, as noted in exception 2 below.
THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways,
planting, and related purposes, and any utility (Sewer, Waterlines, etc,} shall be at
a depth consistent with these purposes. EXCEPTIONS: (1) Na structure sha11 be placed
within the easement, or within a 45° projection upward from the bottom of the pipe.
(2) In the easement area no expensive landscaping or any other improvement will be
repaired by the City if damaged during maintenance activies. Only grass will be re-
placed and this will be done by seeding.
STATE OF OREGON }
} ss
COUNTY OF MARION )
On this the day of
19 before me appeared
known to me to be the same person(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged that he (they) voluntarily executed the same for the pur-
poses therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official deal.
Notary Fublic
My Commission Expires:
EXHIBIT C
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that M rna E. Buxton
for the consideration of One Dollar ($1,00) and other valuable considerations to them
paid, the receipt thereof hereby is acknowledged, hereby do forever grant unto the CITY
OF WOODBURN, a Municipal Corporation of Marion County, Oregon, referred to herein as
the CITY, permanent right-of-way and easement over and .along the full width and length
of the premises described as follows, to wit:
South 5 f eet of Lot 1, Block 71, Woodburn Senior Estates No. 7, Tax Lot 93031-480
with the right, privilege and authority, to said City, to construct, maintain, replace,
reconstruct, remove, and add to, any utility (Sewer, Waterlines, etc.} with all appur-
tenances incident thereto or necessary therewith, in, under and across the said pre-
mises, and to cut and remove from said right-of-way any trees and other obstructions
which may endanger the safety or interfere with the use of said pipelines, or appur-
tenances attached or connected therewith and the right of ingress and egress to and over
said above described premises at any and all times for the purpose of doing anything
necessary or useful or convenient for the enjoyment of the easement hereby granted.
THE CITY SHALL, upon each and every occasion that any utility (Sewer, Waterlines,
etc.) is constructed, maintained, replaced, reconstructed or removed, or added to, re-
store the premises of the Grantors, as noted in exception 2 below.
THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways,
planting, and related purposes, and any utility (Sewer, Waterlines, etc.} shall be at
a depth consistent with these purposes, EXCEPTIONS: (1) No structure shall be placed
within the easement, or within a 45° projection upward from the bottom of the pipe.
(2) Tn the easement area no expensive landscaping or any other improvement will be
repaired by the City if damaged during maintenance activies. Only grass will be re-
placed and this will be done by seeding.
STATE OF OREGON )
) ss
COUNTY OF MARION )
On this the day of , 19 , before me appeared
known to me to be the same person (s} whose name(s) is (are} subscribed to the within
instrument and acknowledged that he (they} voluntarily executed the same for the pur-
poses therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal:.
Notary Public
My Commission Expires:
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1725, one of which said copies posted in the
City Ha11 on the bui]etin board opposite the entrance to
the Recorder`s Office, in fu]1 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 Community Center bu]1etin board at 491 N. Third St.,
i n f u11 view of the traveling pub1 i c; that all of sa i d
places are public places within ,the corporate limits of the
City of Woodburn and all of said copies were posted on the
,~O~h day of ~~~Q~ ~ 19842
Barney 0. Burris, Recorder
City of Woodburn, Oregon