Ord 2279 - Vacate Port Oswald
COUNCIL BILL NO. 2286
ORDINANCE NO. 2279
AN ORDINANCE VACATING A CERTAIN PORTION OF OSWALD STREET RIGHT-
OF-WAY AND DECLARING AN EMERGENCY.
WHEREAS, abutting property owners have submitted a petition requesting the City
Council to vacate a certain portion of Oswald Street right-of-way~ and
WHEREAS, Resolution No.161 0 fixed the time, place a date of a public hearing to hear
the petition on whether that certain portion of Oswald Street described herein should be vacated~
and
WHEREAS, on January 8, 2001 a public hearing was held and the petition was heard on
this question~ and
WHEREAS, the City Council has considered the petition, the public testimony, the staff
reports, the need for the proposed street 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 street vacation is legally described as
follows:
Beginning at the most northerly comer of Lot 7, Block I, Doud's Second Addition in the Northeast
Quarter of Section 18, Township 5 South, Range I West of the Willamette Meridian in the City of
Woodbum, Marion County Oregon: Thence South 480 45' 00" East along the northerly line of said
Block I, a distance 0049.90 feet; Thence North 41 015'00" East 50.00 feet to a point on the
northerly right-of-way line of Oswald Street; Thence North 480 45' 00" West along said right-of-
way line, a distance of 149.90 feet to a point on the easterly line of Parcel 1 of Partition Plat No. 99-
84; Thence South 41015' 00" West along said easterly line a distance of 50.00 feet to the point of
beginning and containing 7495 square feet ofland, more or less.
A diagram of said tract is attached to this ordinance as Exhibit" A" and, by this reference,
is incorporated herein.
Section 2. The Council finds the petition filed with the city conforms with the
requirements of ORS 271.080. The petition contains the consent of all abutting property and of
not less than two-thirds in the area of the real property affected there by. No oral objections were
made at the public hearing and no written objections have been filed with city for the vacation of
right-of-way legally described in Section 1.
Section 3. The Council finds that the portion of right-of-way described in Section 1. is
vacated subject to all of the following express conditions:
Page 1 - COUNCIL BILL. NO. 2286
ORDINANCE NO. 2279
a. The existing sanitary sewer main within the area to be vacated that serves Chemeketa
property shall be rehabilitated for infiltration removal for continued use as a private
line or it shall be abandoned. A standard manhole shall be constructed over the existing
main at the west end.
b. The existing stonn sewer inlets shall be relocated in the modified right-of-way to
provide for proper drainage of the public right-of-way.
c. Agreements and or easements shall be provided to all franchised utilities for service
arrangements, if needed. The petitioner shall relocate any utility in the vacated right-
of-way which may require relocation.
d. A traffic turn around facility acceptable to Public Works Department shall be
provided at the end Oswald Street.
Section 4. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with
the Marion County Clerk.
Section S. This ordinance being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared exist and this ordinance shall take effect
immediately upon passage by the City Council and approval by the Mayor.
Approved as to formm.~ I-I b ~ 200 I
City Attorney Date
APPROVED:~~ '
Richard Jennings, Ma r \
Passed by the Council
January 22, 2001
Submitted to the Mayor
January 23, 2001
Approved by the Mayor
January 23, 2001
Filed in the Office of the Recorder
January 23, 2001
ATTEST:
Mary Te t, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2286
ORDINANCE NO. 2279
EXHIBIT "A"
RIGHT-OF-WAY PETITIONED FOR VACATION
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