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Ord 2121 - Vacate ROW Glatt Sub COUNCIL BILL NO. 1538 ORDINANCE NO. 2121 AN ORDINANCE VACATING AN EXISTING PUBLIC RIGHT-OF-WAY AND PUBLIC UTILITY EASEMENT, A PORTION OF COUNTRY CLUB ROAD AS PLATTED WITHIN THE GLATT SUBDIVISION IN EXCHANGE FOR THE REDEDICATION OF A PUBLIC RIGHT-OF- WAY AND PUBLIC UTILITY EASEMENT REALIGNED AND ACCEPTANCE OF A UTILITY EASEMENT OVER A PORTION OF THE AREA TO BE VACATED. WHEREAS, Resolution No. 1227 fixed the time, place and date of a public hearing on whether that certain portion of Country Club Road and utility easements described herein should be vacated in exhcange for the rededication of a replacement right-of-way and utiity easements, and WHEREAS, on April 25, 1994, a public hearing was held on this question, and WHEREAS, the Woodburn City Recorder has issued a certificate stating that all city liens and taxes have been paid on the right-of-way to be vacated, and WHEREAS, the Woodburn City Council found that the realignment of the right-of- way to be rededicated in exchange for the vacated right-of-way serves future transportation needs, and WHEREAS, the acceptance of the easement for utility purposes would benefit the city, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City of Woodburn hereby accepts the dedication of the following described utility easement. An easement for utility purposes 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 of Lot 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 81022'33" west 325.53 feet to a point on the easterly right-of-way line of Boones Ferry Road; thence north 15045'05" east along the easterly right-of-way line of said Boones Ferry Road a distance of 7.57 feet to an angle point therein; thence north 15036'28" east along said right-of-way line 18.62 feet; thence leaving said easterly line, south 810 22'33" East 318.92 feet to a point on the west right-of-way line of Miller Farm Road; thence south 01009'50" west along said westerly line 26.22 feet to the place of beginning and containing 8,377 square feet of land. Page 1 - COUNCIL BILL NO. 1538 ORDINANCE NO. 2121 - r . Section 2. The City of Woodburn hereby vacates the following described right-of- way and utility easements, effective upon receipt of a fully executed and recorded plat of the Tukwila Subdivision, rededicating to the City of Woodburn the replacement right- of-way and utility easements. A diagram of said replacement right-of-way is attached to this ordinance as Exhibit" A" and, by this reference, is incorporated herein. The right-of-way and easement to be vacated is described as follows: Beginning at the Northwest corner of Lot 2, Block 2, GLATT SUBDIVISION, as said subdivision is recorded in Volume 38, Page 30, Book of Town Plats for Marion County, Oregon, and being situated in Sections 7 and 8 in Township 5 South, Range 1 West of the Willamette Meridian in Marion County, Oregon; thence southwesterly along the southerly right-of-way line of Country Club Road on the arc of a 520.00 foot radius curve to the left (the chord of which bears South 66053'43" West 23.25 feet) a distance of 23.26 feet to the TRUE POINT OF BEGINNING; thence southwesterly along said right-of-way line on the arc of a 520.00 foot radius curve to the left (the chord of which bears south 61017'47" West 78.30 feet) a distance of 78.37 feet; thence southwesterly along said right- of-way line on the arc of a 730.00 foot radius curve to the right (the chord of which bears south 74035'02" West 441.59 feet) a distance of 448.61 feet; thence North 87"45'31" West along said southerly right-of-way line, a distance of 549.48 feet to the northeast corner of Lot "A" as platted in MILLER FARM SUBDIVISION recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon; thence North 14026'46" East along the East boundary line of said subdivision a distance of 61.39 feet to the southeast corner of Lot "F" of said MILLER FARM SUBDIVISION; thence south 87045'31" East along the northerly line of said Country Club Road, a distance of 536.41 feet; thence northeasterly along said right-of-way line on the arc of a 670.00 foot radius curve to the left (the chord of which bears North 76051'42" East 354.21 feet) a distance of 358.47 feet; thence northeasterly along the arc of a 230.00 foot radius curve to the left (the chord of which bears north 84021'50" East 147.86 feet) a distance of 150.53 feet to the TRUE POINT OF BEGINNING. ALSO Beginning at the southeast corner of Lot "F" MILLER FARM SUBDIVISION as recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon; thence South 14026'46" West along the easterly boundary line of said subdivision a distance of 61.39 feet to the Northeast corner of Lot "A" of said subdivision; thence north 87045'55" West along the North line of said Lot "A" a distance of 112.37 feet to the Northwest corner of said Lot "A"; thence north 1 009'50" East a distance of 60.02 feet to the Southwest corner of said Lot "F"; thence south 87"45'55" East along the south line of said Lot "F", a distance of 126.48 feet to the point of beginning. Page 2 - COUNCIL BILL NO. 1538 ORDINANCE NO. 2121 T -,_._-.._--,.,.,...-~._----"..---,-t._- ALSO Beginning at a point on the westerly boundary line of MILLER FARM SUBDIVISION as recorded in Volume 40, Page 24, Book of town Plats for Marion County, Oregon at its intersection with the south right-of-way line of Country Club Road, which point bears north 1009'50" East 112.84 feet from the Northeast corner of Lot 54 of said subdivision; thence North 87045'55" West along the south right-of-way line of said Country Club Road a distance of 298.96 feet; thence southwesterly along said right-of-way line on the arc of a 20.00 foot radius curve to the left (the chord of which bears south 53059'35" West 24.76 feet) a distance of 26.70 feet to a point on the easterly right-of-way line of Boones Ferry Road; thence north 15045'05" East along the easterly right-of-way line of said Boones Ferry Road a distance of 39.29 feet to an angle point therein; thence north 15036'28" East along said right-of-way line a distance of 63.47 feet; thence southeasterly along the northerly right-of-way line of said Country Club Road, on the arc of a 20.00 foot radius curve to the left (the chord of which bears south 36004'44" East 31.38 feet) a distance of 36.08 feet; thence south 87"45'55" East along said northerly right-of-way line a distance of 273.95 feet to a point on the west boundary line of said MILLER FARM SUBDIVISION; thence south 1009'50" West along said west boundary line a distance of 60.02 feet to the point of beginning. Vacation will also include the 20 foot wide utility easements parallel and perpendicular to the north and south boundary line of that portion of Country Club Road being vacated and described above. Section J. 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 2. Section 4. 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 2. Section 5. 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 6. 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 the City Council and approval by the Mayor . Section 7. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with the Marion County Clerk. (', '( "V'" Approved as to form: Ii' I " City Attorney " /', // cP'",c,/ __/ C.'- / r-,:' /'""1 L/- ' ~ I Vl ,) i '-~ / , Datel I APPROVED: ~ ~~ L n Kelley, Mayor Page 3 - COUNCIL BILL NO. 1538 ORDINANCE NO. 2121 r "--'---"---'1 Passed by the Council Mav 9. 1994 May 10, 1994 Submitted to the Mayor Approved by the Mayor May 10, 1994 Filed in the Office of the Recorder May 10, 1994 ATTEST: J?lc ~ Mar;1tnnant, City Recorder City of Woodburn, Oregon Page 4 - COUNCIL BILL NO. 1538 ORDINANCE NO. 2121 <.,--,.,..- - "t ~ =i:/ JOe: Oz 01'1 ~~ ~ ..... ~ ~ . -- - SEE DETAIL "F;' PAGE 5 ~ MIlLER FARM SUBDIVISION V.40, P.24, B.a. 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