Ord 2365 - Utl. Ease. G. Hollow
COUNCIL BILL NO. 2516
ORDINANCE NO. 2365
AN ORDINANCE V ACA TlNG A CERTAIN PORTION OF AN EXISTING
20-FOOT UTILITY EASEMENT WITHIN THE GOOSE HOLLOW PHASE
ONE SUBDIVISION AND DECLARING AN EMERGENCY.
WHEREAS, the City Council initiated the vacation proceedings on May 24, 2004; and
WHEREAS, Resolution No. 1756 fixed the time, place a date of a public hearing to hear
the question on whether that certain portion of an existing 20 foot utility easement within
the Goose Hollow Phase One Subdivision described herein should be vacated; and
WHEREAS, on June 14,2004 a public hearing was held and the question was heard; and
WHEREAS, the City Council has considered 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 tract of real property subject to the street vacation is legally described as
follows
The outside 10 foot width of the existing 20 foot wide public utility easement adjacent to
Hazelnut Drive, within the Goose Hollow at Tukwila Phase One Subdivision, a Replat, as
recorded in Marion County Book of Town Plats, Volume 45, Page 33. Being located in
the Northeast 'I., Section 7, Township 5 South, Range I West, of the WilIamette
Meridian, City of Woodburn, Marion County, Oregon The outside 10 feet being that
portion of the easement furthest away from the public right-of-way. A 10~foot wide
easement shall remain adjacent to the intersecting right of way radius with the Meridian
Drive and Meridian Court.
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 question on whether that outside I O~foot portion of an
existing 20 foot utility easement within the Goose Hollow Phase One Subdivision
confonns to the requirements ofORS 271.130. No oral objections were made at the
public hearing and no written objections have been filed with city for the vacation of the
utility easement legally described in Section I.
Section 3. The Council finds that the portion of the utility easement described in Section I
should be vacated
Page 1 - Council Bill No. 2516
Resolution No. 2365
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Section 4. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with
the Marion County Clerk.
Section 5. 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 form:
City Attorney
Passed by the Council
June 28, 2004
Submitted to the Mayor
June 30, 2004
Approved by the Mayor
June 30, 2004
Filed in the office of the Recorder
June 30, 2004
ATTEST:
Mary T nt, City Recorder
City ofWoodblUll, Oregon
Page 2 - Council Bill No. 2516
Resolution No. 2365
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EXHIBIT U A .,
GOOSE HOLLOW AT TUKWILA PHASE I SUBDIVISION
10 FOOT WIDE PORTION OF EXISTING 20 FOOT
WIDE PUBLIC UTILITY EASEMENT TO BE VACATED
OUTSIDE BOUNDARY OF
GOOSE HOLLOW SUBDIVISION
5
10
9
B
7
6
4
2
3
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