Ord 2393 - Vac Sixth/W. Lincoln
COUNCIL BILL NO. 2603
ORDINANCE NO. 2393
AN ORDINANCE VACATING THAT PORTION OF SIXTH STREET SOUTH OF
WEST LINCOLN.
WHEREAS, The City Council initiated the vacation proceedings of this portion of Sixth
Street on February 28,2005; and
WHEREAS, Resolution No. 1785 fixed the time, place and dated of a public hearing to
hear the question on whether that certain portion of Sixth Street should be vacated; and
WHEREAS, The City Council on April 25, 2005 held the public hearing on the question
of vacation; and
WHEREAS, the City Council has considered the public testimony, the staff reports, the
need for the proposed vacation and the public interest herein; and
WHEREAS, the conditions vacation established by the Council have been complied
with; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
SECTION 1. The tract of real property subject to the vacation is legally described as follows:
That portion of Sixth Street as shown on the plat of "Whitmans 2nd Addition to Woodburn",
South of the Southerly line of West Lincoln Street, Located in the Southeast One-Quarter of the
Southwest One-Quarter of Section 7, Township 5 South, Range 1 West, of the Willamette
Meridian, City of Woodburn, Marion County, Oregon.
A diagram of above described area is attached to this Ordinance as Exhibit A and is incorporated
herein.
SECTION 2. The 40 Foot Wide Public Utility Easement retained over the area to be
vacated is described as follows:
A portion of 6th Street as shown on the plat of "Whitmans 2nd Addition to Woodburn", recorded
January 17, 1908, Marion County Survey Records, located in the Southeast One-Quarter of the
Southwest One-Quarter of Section 7, Township 5 South, Range 1 West, of the Willamette
Meridian, City of Woodburn, Marion County, Oregon, being more particularly described as
follows:
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Beginning at the most easterly comer of Lot 8, Block 5, "Whitmans 2nd Addition to
Woodburn", Thence S 410 23' 41" W, along the southeasterly lines of Lots 8 and 9, Block
5, "Whitmans 2nd Addition to Woodburn", 85.57 feet to a point from which a 5/8 inch
iron rod with yellow plastic cap inscribed "DLT & Assoc. Inc." set at the most easterly
comer of said Lot 9 per survey number 029907, Marion County Survey Records, bears N
41023' 41" E 35.57 feet:
Thence leaving the southeasterly line of said Lot 9, S 480 39' 15" E 40.00 feet to a 5/8"
inch iron rod with yellow plastic cap inscribed "DL T & Assoc. Inc." in the northwesterly
line of Lot 7, Block 4, "Whitmans 2nd Addition to Woodburn", per said survey number
029907;
Thence N 410 23' 41" E along the northwesterly lines of Lots 7 and 8, Block 4,
"Whitmans 2nd Addition to Woodburn", 85.57 feet to the most northerly comer of said
Lot 8, Block 4, "Whitmans 2nd Addition to Woodburn";
Thence N 48039'15" W 40.00 feet to the Point of8eginning.
Containing 3,432 square feet more or less.
This legal description and the basis of bearings thereof, is based upon survey number 029907,
Marion County Survey Records, and a proposed property line adjustment survey by Reppeto &
Associates, Inc. (Job No. 01002) for the Oregon Child Development Coalition, Inc.
A diagram of above described area is attached to this Ordinance as Exhibit B and is incorporated
herein.
SECTION 3. The 24 Foot Wide Private Access Easement described below is to benefit
certain property described in Deed Reel 1898 Page 143, Deed Reel 1658, Page 306 and Deed
Reel 2399 Page 205, Marion County Deed Records is described as follows;
A portion of6tb Street as shown on the plat of "Whitmans 2nd Addition to Woodburn", recorded
January 17, 1908, Marion County Survey Records, located in the Southeast One-Quarter of the
Southwest One-Quarter of Section 7, Township 5 South, Range 1 West, of the Willamette
Meridian, City ofWoodb~ Marion County, Oregon, being more particularly described as
follows:
Beginning at a point on the southeasterly extension of the northeasterly line of Lot 8,
Block 5, "Whitmans 2nd Addition to Woodburn", from which the most easterly comer of
said Lot 8 bears N 480 39' 15" W 8.00 feet as measured along said southeasterly
extension;
Thence S 410 23' 41" W, parallel with the southeasterly lines of Lots 8 and 9, Block 5,
"Whitmans 2nd Addition to Woodburn" 85.57 feet to a point from which a 5/8 inch iron
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ORDINANCE NO. 2393
rod with yellow plastic cap inscribed "DLT & Assoc. Inc." in the northwesterly line of
Lot 7, Block 4, "Whitmans 2nd Addition to Woodburn", per survey number 029907,
Marion County Survey Records, bears S 480 39' 15" E 32.00 feet;
Thence S 480 39' 15" E 24.00 feet to a point from which said a 5/8 inch iron rod with
yellow plastic cap inscribed "DLT & Assoc. Inc." in the northwesterly line of Lot 7,
Block 4, "Whitmans 2nd Addition to Woodburn", per said survey number 029907, bears S
480 39' 15" E 8.00 feet;
Thence N 410 23' 41" E parallel with the northwesterly lines of Lots 7 and 8, Block 4,
"Whitmans 2nd Addition to Woodburn" 85.57 feet to a point on the southeasterly
extension of the northeasterly line of Lot 8, Block 5, "Whitmans 2nd Addition to
Woodburn", from which the most northerly comer of Lot 8, Block 4, "Whitmans 2nd
Addition to Woodburn" bears S 480 39' 15" E 8.00 feet as measured along said
southeasterly extension;
Thence N 48039'15" W along said southeasterly extension, 24.00 feet to the Point of
Beginning.
Containing 2,054 square feet more or less.
lIDs legal description and the basis of bearings thereof, is based upon survey number 029907,
Marion County Survey Records, and a proposed property line adjustment survey by Reppeto &
Associates, Inc. (Job No. 01002) for the Oregon Child Development Coalition, Inc.
A diagram of above described area is attached to this Ordinance as Exhibit C and is incorporated
herein.
SECTION 4. The future maintenance of private access easement as described in section
3, shall be shared equally from those properties benefiting from said private access easement.
SECTION 5. The Council fmds the question on whether that portion of Sixth Street
south on West Lincoln conforms to the requirements ofORS 271.130. No oral objections were
made at the public hearing and no written objections have been filed with the city for the
vacation of Sixth Street as described in Section 1.
SEmON 6. The Council finds that the portion of Sixth Street as described in Section 1
should be vacated.
SECfION 7. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed
with the Marion County Clerk.
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ORDINANCE NO. 2393
....7/.,/1/1-
Approved as to form:" /. y ~ \J
City Attorney
Approved:
Passed by Council
Submitted to the Mayor
January 11, 2006
Approved by the Mayor
Filed in the office of the Recorder
Attest: /l~~
Mary Te 1, City Recorder
City of Woodburn, Oregon
January 11, 2006
January 11, 2006
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