Ord 2131 - Vacate ROW Settle/Thi
COUNCIL BILL NO. 1574
ORDINANCE NO. 2131
AN ORDINANCE VACATING A CERTAIN PORTION OF PUBLIC RIGHT-OF-WAY BETWEEN
SETTLEMIER AVENUE AND THIRD STREET, PLATTED AS POPLAR STREET.
WHEREAS. Resolution No. 1246 fixed the time, place and date of a public hearing
on whether that certain portion of Poplar Street described herein should be vacated, and
WHEREAS. on July 25, 1994, a public hearing was held on this question, and
WHEREAS. the Woodburn City Council 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:
Beginning at the Southwest corner of Lot 5, Block 3, Park Addition to the
City of Woodburn in Section 18, Township 5 South, Range 1 West of the
Willamette Meridian in Marion County, Oregon. said point also being on the
north line of Poplar Street; thence southeasterly along the north line of
Poplar Street 104.63 feet to the southeast corner of Lot 7. Block 3 of said
Park Addition; thence southerly along the west line of Third Street 50.00
feet to the northeast corner of Lot 1, Block 9 of said Park Addition; thence
northwesterly 143.29 feet to the northwest corner of said Lot 1; thence
northerly along the west line of Settlemier Avenue 51.28 feet to the place
of beginning.
Subject to a public utility easement to the City of Woodburn more particularly described as
follows:
Beginning at the Southwest corner of Lot 5, Block 3, Park Addition to the
City of Woodburn in Section 18, Township 5 South, Range 1 West of the
Willamette Meridian in Marion County, Oregon, said point also being on the
north line of Poplar Street; thence southeasterly along the north line of
Poplar Street 104.63 feet to the southeast corner of Lot 7, Block 3 of said
Park Addition; thence southerly along the west line of Third Street 50.00
feet to the northeast corner of Lot 1, Block 9 of said Park Addition; thence
northwesterly 143.29 feet to the northwest corner of said Lot 1; thence
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ORDINANCE NO. 2131
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northerly along the west line of Settlemier Avenue 51.28 feet to the place
of beginning.
Section 2. Upon the vacation of the right-of-way described in Section 1, fee simple
title to the property in the vacated area shall be distributed according to ORS 271.140 as
per the following:
A. The northerly one-half of the vacated right-of-way will become a part of the
abutting portion of Tax Lot #13400, Tax Account #92610-150 and Tax Lot
#13500, Tax Account #92610-160.
B. The southerly one-half of the vacated right-of-way will become a part of Tax
Lot #13600, Tax Account #92610-290.
Section 3. The vacation is subject to the following conditions:
A. Entire vacated property is hereby retained as a public utility easement by the
city as described in Section 1.
B. Entire vacated property as described in Section 1 is hereby placed under
common access easements among the following properties:
Tax Lot #13400, Tax Account #92610-150
Tax Lot #13500, Tax Account #92610-160
Tax Lot #13600, Tax Account #92610-290
Any modification to this easement by the property owners is subject to city
approval.
C. The flag lot being created shall comply with access requirements as specified
in the Woodburn Zoning Ordinance.
D. The property owners of Tax Lot #13400, Tax Account #92610-150; Tax Lot
#13500, Tax Account #92610-160; and Tax Lot #13600, Tax Account
#92610-290 shall prepare an access maintenance agreement for city review
and approval that shall be recorded in the county deed records concerning
each of the properties.
Section 4. The council finds that the owners of a majority of the area affected,
computed on the basis provided in ORS 271.080, have not submitted written objections
to the vacation of the portion of the road legally described in Section 1.
Section 5. 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 Section 1.
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ORDINANCE NO. 2131
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Section 6, 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 7. Pursuant to ORS 271.150, a certified copy of this ordinance shall be
filed with the Marion County Clerk.
APprovedastoform?7.~ ~ 0 L-f 14-
City Attorney Date
Filed in the Office of the Recorder
APPROVED: L,1fv~
August 8, 1994
AUCJust 9, 1994
August 9, 1994
August 9, 1994
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
ATTEST:
'l ~ ~
I ~ .1~y2:>\ -
Mary Te ant, City Recorder
City of Woodburn, Oregon
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ORDINANCE NO. 2131
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