Ord 2305 - Vacation of easements
COUNCIL BILL NO. 2359
ORDINANCE NO. 2305
AN ORDINANCE VACATING A PORTION OF AN EXISTING SANITARY SEWER
EASEMENT AND TWO UTILITY EASEMENTS AND DECLARING AN EMERGENCY.
WHEREAS, abutting property owners have submitted a petition requesting the City
Council to vacate a portion of an existing sanitary sewer easement and two utility easements; and
WHEREAS, Resolution No.1657 fixed the time, place and date ofa public hearing to
hear the petition on whether the easements described herein should be vacated; and
WHEREAS, on November 13, 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 easement vacation, and the public interest herein, NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The portion of the sanitary sewer easement to be vacated is legally described as follows:
A portion of a Sanitary Sewer Easement as recorded in Deed Document Reel 876, Page 168, Marion
County Deed Records, situated in the Southwest quarter of Section 12, Township 5 South, Range 2
West, Willamette Meridian, City of Woodburn, County of Marion, State of Oregon, being more
particularly described as follows:
Beginning at a two inch iron pipe with a two inch aluminum cap inscribed "Barker PLS 636" for the
Southeast corner of Parcel I as recorded in Partition Plat No. 92-17, Marion County Deed Records,
Salem, Oregon, Thence along the south boundary line of said Parcell, North 88052' 10" West a
distance of 991.15 feet to a point, said point is 93.20 feet from the west line of said Parcel I; Thence
North 01001' 50" East a distance of27.96 feet; Thence South 880 52' 10" East a distance of 991. 15
feet; Thence South 01001' 50" West a distance of27.96 feet to the point of beginning.
Containing an area of 27,713 square feet, more or less
Basis of Bearing is Partition Plat No. 92-17
A diagram of said tract is attached to this Resolution as Exhibit "A" and is incorporated herein.
Section 2. The sixty foot wide utility easement to be vacated is legally described as follows:
A sixty (60.00') feet wide Utility easement as recorded in Deed Document Reel 907, Page 003,
Marion County Deed Records, situated in the Southwest quarter of Section 12, Township 5 South,
Range 2 West, Willamette Meridian, City of Woodburn, County of Marion, State of Oregon, being
more particularly described as follows:
Page 1 - COUNCIL BILL NO. 2359
ORDINANCE NO. 2305
Commencing at a two inch iron pipe with a two inch aluminum cap inscribed "Barker PLS 636" for
the Southeast corner of Parcel I as recorded in Partition Plat No. 92-17, Marion County Deed
Records, Salem, Oregon, Thence along the east boundary line of said Parcell, North 0 I 0 07' 50"
East a distance of 27. 96 feet to the TRUE POINT OF BEGINNNING: Thence North 880 52' 10"
West a distance of 452.46 feet; Thence North 11007' 25" East a distance of 60.92 feet; Thence
South 880 52' 10" East a distance of 441.89 feet to a point in the east line of said Parcell; Thence
along said line, South 010 07' 50" West a distance of60.00 feet to the TRUE POINT OF
BEGINNING.
Containing an area of26,829 square feet, more or less.
Basis of Bearing is Partition Plat No. 92-17
A diagram of said easement is attached to this Resolution as Exhibit "B" and incorporated herein.
Section 3. The twenty five foot wide utility easement to be vacated is legally described as follows:
A twenty five (25.00') feet wide Utility easement as recorded in Partition Plat No. 92-17, Marion
County Deed Records, situated in the Southwest quarter of Section 12, Township 5 South, Range 2
West, Willamette Meridian, City of Woodburn, County of Marion, State of Oregon, being more
particularly described as follows:
Commencing at a two inch iron pipe with a two inch aluminum cap inscribed "Barker PLS 636" for
the Southeast corner of Parcel I as recorded in Partition Plat No. 92-17, Marion County Deed
Records, Salem, Oregon, Thence North 850 19' 59" West a distance of 453.32 feet to the TRUE
POINT OF BEGINNING; Thence North 880 52' 10" West a distance of26.06 feet; Thence North
01007' 50" East a distance of 25.00 feet; Thence South 880 52' 10" East a distance of 30.46 feet;
Thence South 11007' 25" West a distance of25.39 feet to the TRUE POINT OF BEGINNING.
Containing an area of 706 square feet, more or less.
Basis of Bearing is Partition Plat No. 92-17
A diagram of said easement is attached to this Resolution as Exhibit "c" and incorporated herein.
Section 4. 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 thereby. No oral
objections were made at the public hearing and no written objections have been filed with
city for the vacation of easements legally described in Section 1,2 and 3.
Section 5. The Council finds that the easements as described in Section 1,2 and 3 are
vacated subject to the following express conditions:
a. The existing sanitary sewer force main within the area to be vacated shall be
relocated in accordance with city requirements and city approved plans, all
relocation costs to be borne by the petitioner. Proper easement to accommodate
the relocated sewer main shall be provided to the city.
b. The existing city water main within the area to be vacated shall be relocated in
accordance with city requirements and city approved plans, all relocation costs to
be borne by the petitioner. Proper easement to accommodate the relocated water
Page 2 - COUNCIL BILL NO. 2359
ORDINANCE NO. 2305
main shall be provided to the city.
c. The petitioner shall relocate all franchised utilities that exist in the vacated
easement area and provide the proper easements for the relocation.
d. Petitioner shall pay the street/easement vacation processing fee of$ 560.00 as
adopted in Ordinance No. 2300.
Section 6. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with
the Marion County Clerk.
Section 7. This ordinance being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist and this ordinance shall take
effect immediately upon passage by the City Council and approval by the Mayor.
APprovedastoform:~)r~~ 1/-2.1 '""2001
City Attorney Date
APPROVED~ 6 ~ -----
Richard Jennings~
Passed by the Council November 26, 2001
Submitted to the Mayor November 27, 2001
Approved by the Mayor November 27, 2001
Filed in the Office of the Recorder November 27, 2001
ATTEST:
Mary T e ant, City Recorder
City of Woodburn, Oregon
Page 3 - COUNCIL BILL NO. 2359
ORDINANCE NO. 2305
J,N, 1545
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EXHIBIT "A"
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