Ord 2334 - Vac. Public Utility
COUNCIL BILL NO. 2445
ORDINANCE NO. 2334
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT AND DECLARING
AN EMERGENCY.
WHEREAS, abutting property owners have submitted a petition requesting the City
Council to vacate a public utility easement; and
WHEREAS, Resolution No. 1713 fixed the time, place and date of a public hearing to
hear the petition on whether that the public utility easement described herein should be vacated;
and
WHEREAS, on April 14, 2003 a public hearing was held and the petition was heard on
this question; and
WHEREAS, The existing utilities within said easement have been either relocated or
abandoned in place; and
WHEREAS, the City Council has considered the public testimony, the staff reports, the
need for the utility easement, and the public interest herein, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The public utility easement as conveyed to the city by Ordinance 2121 and
recorded in Reel 1178, Page 591, Marion County Deed Records is hereby vacated; the public
utility easement is more particularly described as follows:
Beginning at a point on the west line of Miller Farm Road, said point being North
01009' 50" East 92.27 feet from the Northeast corner oflot 54, Miller Farm Subdivision
recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon and
being situated in Section 7, Township 5 South, Range 1 West of the Willamette Meridian
in Marion County, Oregon: thence North 810 22' 33" West 325.53 feet to a point on the
easterly right of way line of said Boones Ferry Road; Thence North 15045' OS" East
along the Easterly right-of-way line of said Boones Ferry Road a distance of7.57 feet to
and angle point therein; Thence North 15036' 28" East along said Right of Way line 18.62
feet; Thence leaving said Easterly line, South 81022' 33" East 318.92 feet to a point on
the West right of way line of Miller Farm Road; Thence South 010 09' 50" West along
said Westerly line 26.22 feet to the place of beginning and containing 8,377 square feet of
land.
A diagram of said tract is attached to this ordinance as Exhibit A and, by this reference, is
incorporated herein.
Section 2. The existing utilities within the public utility easement have been either
PAGE 1 - Council Bill No. 2445
Ordinance No. 2334
_,~~..~."~"._._.~.o......_...__,_-",...~.._..-.-.~-_.~,"-~~_..,"--_.
relocated or abandoned in conjunction with the development of the Joy Village Subdivision. The
city has no need to retain the public utility easement.
Section 2. The public rights of way and public utility easements as dedicated with the
platting of the Joy Village subdivision shall remain in place.
Section 3. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with
the Marion County Clerk.
Section 4. This or4inance 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..
APPROVE
Passed by the Council
May 12. 2003
Submitted to the Mayor
May 14. 2003
Approved by the Mayor
May 14. 2003
Filed in the Office of the Recorder
May 14, 2003
ATTEST:
--'!1 -L--A-
Mary ~t, City Recorder
City of Woodburn, Oregon
PAGE 2 - Council Bill No. 2445
Ordinance No. 2334
,.. < <~.'-----"T---~~<--<-'---"-""-<"'-"
EXHIBIT "A"
-MAP -OF PUBLIC
UTILITY EASEMENT
(.,....... It,. "...u
.Jr'ert.".r'.c.r~
- .....".'''''--rr
'~r"",
.....,
'll
IoJ
I ,
OQ.OI'
r,."., .....)
EASEMENT AS DESCRIBED
IN SECTION 1
COUNCIL BILL NO. 2445
ORDINANCE NO. 2334
f"'" '''_'-''_'_~"__''''_''__''''''~'"AA''~~'"_'~_~_''';-_'''''''''''-''___~~~^'''-~;---''~",",~-~
~
III
:I'
~
a
;r
~
...
~
:i
--