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Ord 2244 - Vac Pub Ri Evergreen -, COUNCIL BILL NO. 1996 ORDINANCE NO. 2244 AN ORDINANCE VACATING AN EXISTING PUBLIC RIGHT OF WAY, A PORTION OF EVERGREEN ROAD AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn City Council on August 23, 1999 fixed the time, place and date of a public hearing on whether that certain portion of Evergreen Road described herein should be vacated, and WHEREAS, on September 27, 1999 a public hearing was held on this question, and WHEREAS, the City Council has considered the public testimony, the staff reports, the need for the proposed right of way vacation and the public interest herein, and WHEREAS, the Woodburn City Council found that the proposed vacation of a portion of the one hundred (100) foot Evergreen Road right of way described herein will better serve projected transportation and public infrastructure needs, NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City of Woodburn will retain Seventy Four (74) feet of right of way for Evergreen Road street extension at the north end of the area to be vacated. The portion of the existing one hundred (100) foot Evergreen Road right of way not required for this roadway extension will be vacated to Capital Development Company on the west side and to the abutting residents of Columbia Drive on the east side. A diagram of such vacation is attached to this ordinance as Exhibit" A" and, by this reference, is incorporated herein. Page -1- COUNCIL BILL NO. 1996 ORDINANCE NO. 2244 The portion of right of way to be vacated to Capital Development is described as follows: Beginning at the intersection point of the South boundary of West Hayes Street and the West boundary of Evergreen Road as conveyed to the City of Woodburn by deed Vol. 642, Page 356, Marion County Deed Records, in Section 12, Township 5 South Range 2 West of the Willamette Meridian, Marion County, Oregon; Thence South 000 47' 17" West along the West line of said Evergreen Road, 111.89 feet; Thence Northerly, 112.81 feet along the arc of a 488.00 foot radius curve to the left ( the chord of which bears North 070 25' 19" East 112.55 feet); Thence North 880 49' 26" West 13.00 feet to the place of beginning and containing 492.98 square feet of land. Beginning at a point on the West boundary line of Evergreen Road, as conveyed to the City of Woodburn by Deed Vol. 642, Page 356, Marion County Deed Records, said point being South 000 47' 17" West, 300.37 feet from the intersection of the said West line of Evergreen Road with the South boundary line of West Hayes Street in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon: Thence Northerly 39.67 feet along the arc of a 562.00 foot radius curve to the left ( the chord of which bears North 310 04' 23" East, 39.66 Feet); Thence South 000 47' 17" West parallel with the said West boundary line of Evergreen Road, 34.25 feet; Thence North 890 12' 43" East 20.00 feet to the place of beginning and containing 333.23 square feet of land. The portion of right of way to be vacated to residents along Columbia Drive is described as follows: Beginning at the Northwest corner of Lot 1, Block 69, Woodburn Senior Estates No.7, recorded in Record of Townplats Vol. 22, Page 42 for Marion County, said point also being the intersection point of the South boundary of West Hayes Street and the East boundary of Evergreen Road in Section 12, Township 5 South, Range' 2 West of the Willamette Meridian, Marion County, Oregon; Thence North 880 49' 26" West, 13.00 feet; Thence Southwesterly 138.00 feet along the arc of a 562.00 foot radius curve to the right ( the chord of which bears South 070 52' 59" West 137.65 feet); Thence South 890 12' 43" East to a point on the East boundary line of said Evergreen Road, 30.00 feet; Thence North 000 47' 17" East along the said East line 136.51 feet to the place of beginning and containing 2,541 .80 square feet of land Page -2- COUNCIL BILL NO. 1996 ORDINANCE NO. 2244 ...... ....-.....,..", ..--..--y-- --, There may be minor variations to this description following completion of a survey of the vacated right of way. This change will be properly made and recorded without additional public process. Section 2. To the south of the area described in section 1, thirty (30) feet of the existing Evergreen Road right of way on the east side will be vacated to the property abutting on Columbia Drive. The portion of right of way to be vacated to residents along Columbia Drive is described as follows: Beginning at a point on the South line of Evergreen Road, as Conveyed to the City of Woodburn by Deed Vol. 642/ Page 356/ Marion County Deed Records, said point also being South 880 45' 33" East, 20.00 feet from the Southwest corner of Woodburn Senior Estates No.7 / recorded in the Book of Townplats, Vol. 22/ Page 42 for Marion County, being situated in Section 12 and Section 13/ Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; Thence North 000 47' 17" East parallel with the West line of Block 69/ of said Woodbrun Senior Estates No. 7/ 1950.22 feet; Thence South 890 12' 43" East, 30.00 feet to a point on the West line of said Block 69, said point being South 000 47' 17" West, 136.51 feet from the Northwest corner of Lot 1/ Block 69 of said Senior Estates No.7; Thence South 000 47' 17" West along the West line, to the Southwest corner of Block 69/ 1950.46 feet; Thence North 890 12' 43" West 30.00 feet to the place of beginning and containing 1.34 acres of land. There may be minor variations to this description following completion of a survey of the vacated right of way. This change will be properly made and recorded without additional public process. Section 3. To the south of the area described in section 1/ twenty (20) feet of the existing Evergreen Road right of way on the west side will be vacated to the Capital Development Company. The portion of right of way to be vacated to Capital Development is described as follows: Beginning at the Southwest corner of Evergreen Road, as Conveyed to the City of Woodburn by Deed Vol. 642/ Page 356/ Marion County Deed Records, said point also being North 880 45' 33" West, 50.00 feet from the Southwest corner of Woodburn Senior Estates No.7, recorded in the Book of Townplats, Vol. 22/ Page Page -3- COUNCIL BILL NO. 1996 ORDINANCE NO. 2244 ........-. -.'-"~;-~--~-~ - 42 for Marion County, being situated in Section 12 and Section 13, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; Thence North 000 47' 17" East along the West boundary line of said Evergreen Road, 1786.49 feet to a point which is South 000 47' 17" West 300.37 feet from the intersection of the West boundary line of Evergreen Road and the South boundary line of West Hayes Street; Thence South 890 12' 43" East 20.00 feet; Thence South 000 47' 17" West Parallel with the said West boundary line, 1786.65 feet; Thence North 880 45' 33" West 20.00 feet to the place of beginning and containing 0.82 acres of land There may be minor variations to this description following completion of a survey of the vacated right of way. This change will be properly made and recorded without additional public process. Section 4. To the south of the area described in section 1, fifty (50) feet of the existing Evergreen Road right of way will be retained by the City of Woodburn for public transportation purposes and public infrastructure needs. Section 5. The description of the area to be vacated will be completed by a registered land surveyor and recorded with the Marion County Clerk. Section 6. The council finds that the owners of a majority of the area affected, computed on the basis provided in ORS 271.180, have not submitted written objections to the vacation of a portion of the existing Evergreen Road right of way as described in sections 1, 2 and 3. Section 7. The council finds that the public interest will not be prejudiced and will be served by the vacation of a portion of the existing Evergreen Road right of way as described in sections 1, 2 and 3. Section 8. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with the Marion County Clerk. Section 9. 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 Woodburn City Council and approval by the Mayor. Page -4- COUNCIL BILL NO. 1996 ORDINANCE NO. 2244 .- ...", ~ -......-.,--,-., 'I' Approved as to fOrm:7J~1JI6 City Attorney APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor 6"t Date October 11, 1999 October 13, 1999 October 13, 1999 Filed in the Office of the Recorder October 13. 1999 {J1. ~ Ma y~ant, Recorder City of Woodburn, Oregon ATTEST: Page -5- COUNCIL BILL NO. 1996 ORDINANCE NO. 2244 .............. ,......._......o_~.~,.,,_~,_,,_o,' I i I I '1'11 West Hayes Street 13 Feet ~.. ,JL-.. ar-;ng N~ 10 Sc.ole ~- ~~ ~ o V- i' '0'(\ s~ ~\ e '(\ {O~ ~e\J0 ~ov. ee'(\ ~\Je{~{ ./,,- // / / ~- .-// //' / l//' To Property Owners (30 Feet) Retained by City , (50 Feet) To Developer /' (20 Feet) I -------- City Limits "_.-",, "--y-'"'---' ,,~ /< EXHIBIT II A" 13 Feet V 74 Feet r>= >- CO 5: - ~ - 0 ~ I !~ -+-' .c - 0) = ~ 0:::/ ~ ---- ....:. = ---- /0,) ..--- ~ Q) ---- '- ~ -+-' CJ) ~ .---- Q) -0 ~ > CO 'C 0 0 0::: ro c ..c Q) E Q) '- :J 0) 0 '- Q) 0 > W /...--v~ ../' = ./ ~ / /' ~ r--- AT ~ === ---- === ~ ---- ~ ~ ..--- === ---- === ~ ~ = --------.