Ord 2134 - Vacate ROW Poplar/Fir
COUNCIL BILL NO. 1582
ORDINANCE NO. 2134
AN ORDINANCE VACATING A CERTAIN PORTION OF PUBLIC RIGHT-OF-WAY PLA TIED
AS POPLAR STREET, FIRST STREET, AND THORN STREET.
WHEREAS. resolution 1252 fixed a time, place and date of a public hearing on
whether a certain portion of public right-of-way platted as poplar street, first street, and
thorn street described herein should be vacated, and
WHEREAS, on August 22, 1994 a public hearing was held on this question, and
WHEREAS, the City Council has considered the public testimony provided, the
staff reports, and 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 proposed road vacation is
legally described as follows:
FIRST STREET
(PARK ADDITION)
Beginning at the northeast corner of Lot 1, Block 5, Park Addition to the City of
Woodburn in Section 18, Township 5 South, Range 1 West of the Willamette Meridian,
Marion County, Oregon; thence southwesterly 102.04 feet to the southeast corner of
said Lot 1, Block 5, thence southeasterly 61.24 to the southwest corner of Lot 5, Block
6 of said Park Addition; thence northeasterly 102.04 feet to the northwest corner of said
Lot 5, Block 6; thence northwesterly 61.24 feet to the place of beginning.
A diagram of said tract is attached to this Resolution as Exhibit "A" and is incorporated
herein.
Section 2. The tract of real property subject to the proposed road vacation is
legally described as follows:
FIRST STREET
(HICKS ADDITION)
Beginning at the northeast corner of Lot C, Hicks Second Addition to Woodburn, in
Section 18. Township 5 South, Range 1 West of the Willamette Meridian, Marion
County, Oregon; thence along the east line of Lot C 64.20 feet to the southeast corner
of said Lot C; thence southeasterly 92.75 feet to the southwest corner of Lot D of said
Hicks Second Addition. Thence northeasterly 204.20 feet to the northwest corner of
said Lot D; thence northeasterly 51.06 feet to the southwest corner of Lot E of said
Hicks Second Addition; thence southwesterly along the northerly line of First Street as
platted in said Hicks Second Addition to the northeast corner of Lot C and also being the
place of beginning.
Page 1 - COUNCIL BILL NO. 1582
OROINANCE NO. 2134
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A diagram of said tract is attached to this resolution as Exhibit "B" and is incorporated
herein.
Section 3. The tract of real property subject to the proposed road vacation is
legally described as follows:
POPLAR STREET
Beginning at the most westerly corner of Lot E, Hicks Second Addition to Woodburn in
Section 18, Township 5 South, Range 4 West of the Willamette Meridian, Marion
County, Oregon; thence southwesterly 51.06 feet to the northwest corner of Lot D of
said Hicks Second Addition; thence southeasterly along the north line of said Lot D
199.09 feet; thence northeasterly 51.06 feet to the southeast corner of Lot E of said
Hicks Second Addition; thence northwesterly along the south line of said Lot E, 199.09
feet to the place of beginning.
A diagram of said tract is attached to this Resolution as Exhibit "C" and is incorporated
herein.
Section 4, The tract of real property subject to the proposed road vacation is
legally described as follows:
THORN STREET
Beginning at the most northerly corner of Lot B, Hicks Second Addition to Woodburn,
in Section 18, Township 5 South, Range 1 West of the Willamette Meridian, Marion
County, Oregon; thence southeasterly 139.55 feet to the northeast corner of said Lot
B; thence northeasterly on a northerly projection of the east line of said Lot B 51.06 feet
to a point on a southeasterly projection of the south line of Lot C of said Hicks Second
Addition; thence northwesterly to the most southeasterly corner of said Lot C; thence
northwesterly along the south line of said Lot C 54.50 feet to the most westerly corner
of said Lot C; thence southwesterly to the place of beginning.
A diagram of said tract is attached to this Resolution as Exhibit "D" and is incorporated
herein.
Section 5. Upon the vacation of the right-of-way, fee simple title to the property
in the vacated area shall be distributed according to ORS 271.140 as per the following:
A. The right-of-way described in Section 1 shall become a part of Tax Lot
#12500, Tax Account #92610-220 and Tax Lot #12400, Tax Account
#92610-260.
B. The right-of-way described in Section 2 shall become a part of Tax Lot
#3400, Tax Account #92330-140, Tax Lot #3200, Tax Account #92330-
160 and Tax Lot #12400, Tax Account #92610-260.
Page 2 - COUNCIL BILL NO. 1582
ORDINANCE NO. 2134
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C. The right-of-way described in Section 3 shall become a part of Tax Lot
#3100, Tax Account #92330-170 and Tax Lot #3200, Tax Account
#92330-160.
D. The right-of-way described in Section 4 shall become a part of Tax Lot
#3400, Tax Account #92330-140 and Tax Lot #3500. Tax Account
92330-132.
All of the above identified tax lots are owned by the City of Woodburn and controlled
by the Department of Recreation and Parks.
Section 6. Existing infrastructure: Upon vacation of the right-of-way, the area
will remain public property under the control of the Department of Recreation and Parks;
however, at such time as Public Works Department so requires. utility easements shall
be provided and recorded for existing city maintained utilities.
Section 7. The council finds that the owners of a majority of the area affected,
computed on the basis provided in ORS 271.0S0, have not submitted written objections
to the vacation of the portion of the road legally described in Sections 1, 2, 3 and 4.
Section 8. The council finds that the public interest will not be prejudiced and
will be served by the vacation of the portion of the road legally described in Sections 1,
2. 3. and 4.
Section 9. The City Recorder is hereby directed to file the deeds with the county
clerk and a certified copy of the ordinance with the county clerk and county assessor.
Section 10. Pursuant to ORS 271.150. a certified copy of this ordinance shall
be filed with the Marion County Clerk.
Approved as to for~~ ~
City Attorney
c; / 0/14-
Date! .
APPROVED:
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Passed by the Council
September 12, 1994
Submitted to the Mayor
September 13, 1994
Approved by the Mayor
September 13, 1994
Filed in the Office of the Recorder
September 13, 1994
ATTEST:
fY/ ~
Mary ~ant. City Recorder
Page 3 - COUNCIL BILL NO. 1582
ORDINANCE NO. 2134
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