Res 1657 - Vacation Hearing
COUNCIL BILL NO. 2351
RESOLUTION NO. 1657
A RESOLUTION ESTABLISHING A PUBLIC HEARING DATE FOR VACATION OF A
PORTION OF AN EXISTING SANITARY SEWER EASEMENT AND TWO UTILITY
EASEMENTS AND DIRECfING THE CITY RECORDER TO GIVE PUBLIC NOTICE.
WHEREAS, a petition has been filed with the city recorder on behalf of Wal-Mart Real Estate
Business Trust requesting the City Council to vacate a certain portion of an existing sanitary sewer
easement and two public utility easements; and
WHEREAS, the petition complies with the requirements of ORS 271. 080 vacation in incorporated
cities, petition, consent of property owners; and
WHEREAS, City stafIhas recommended that Council establish a time and place for a public
hearing to start the vacation process, NOW, THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The portion of the sanitary sewer easement proposed to be vacated is legally described as
follows:
A portion of a Sanitary Sewer Easement as recorded in Deed Document Reel 876, Page 168, Marion
County Deed Records, situated in the Southwest quarter of Section 12, Township 5 South, Range 2
West, Willamette Meridian, City of Woodburn, County of Marion, State of Oregon, being more
particularly described as follows:
Beginning at a two inch iron pipe with a two inch aluminum cap inscribed "Barker PLS 636" for the
Southeast comer of Parcell as recorded in Partition Plat No. 92-17, Marion County Deed Records,
Salem, Oregon, Thence along the south boundary line of said Parcell, North 88052' 10" West a
distance of 991.15 feet to a point, said point is 93.20 feet from the west line of said Parcell; Thence
North 010 07' 50" East a distance of 27.96 feet; Thence South 880 52' 10" East a distance of 991.15
feet; Thence South 01001' 50" West a distance of27.96 feet to the point of beginning.
Containing an area of27,713 square feet, more or less
Basis of Bearing is Partition Plat No. 92-17
A diagram of said tract is attached to this Resolution as Exhibit "A" and is incorporated herein.
Section 2. The sixty foot wide utility easement proposed to be vacated is legally described as
follows:
A sixty (60.00') feet wide Utility easement as recorded in Deed Document Reel 907, Page 003,
Marion County Deed Records, situated in the Southwest quarter of Section 12, Township 5 South,
Range 2 West, Willamette Meridian, City of Woodburn, County of Marion, State of Oregon, being
Page 1 - Council Bill No. 2351
Resolution No. 1657
more particularly described as follows:
Commencing at a two inch iron pipe with a two inch aluminum cap inscribed "Barker PLS 636" for
the Southeast comer of Parcel 1 as recorded in Partition Plat No. 92-17, Marion County Deed
Records, Salem, Oregon, Thence along the east boundary line of said Parcell, North 010 07' 50"
East a distance of27.96 feet to the TRUE POINT OF BEGINNNING: Thence North 880 52'10"
West a distance of 452.46 feet; Thence North 110 07' 25" East a distance of 60.92 feet; Thence
South 880 52' 10" East a distance of 441.89 feetto a point in the east line of said Parcell; Thence
along said line, South 01007' 50" West a distance of 60.00 feet to the TRUE POINT OF
BEGINNING.
Containing an area of 26,829 square feet, more or less.
Basis of Bearing is Partition Plat No. 92-17
A diagram of said easement is attached to this Resolution as Exhibit "B" and incorporated herein.
Section 3. The twenty five foot wide utility easement proposed to be vacated is legally described as
follows:
A twenty five (25.00') feet wide Utility easement as recorded in Partition Plat No. 92-17, Marion
County Deed Records, situated in the Southwest quarter of Section 12, Township 5 South, Range 2
West, Willamette Meridian, City of Woodburn, County of Marion, State of Oregon, being more
particularly described as follows:
Commencing at a two inch iron pipe with a two inch aluminum cap inscribed "Barker PLS 636" for
the Southeast comer of Parcel 1 as recorded in Partition Plat No. 92-17, Marion County Deed
Records, Salem, Oregon, Thence North 85019' 59" West a distance of 453.32 feet to the TRUE
POINT OF BEGINNING; Thence North 880 52' 10" West a distance of26.06 feet; Thence North
01007' 50" East a distance of25.00 feet; Thence South 88052' 10" East a distance of30.46 feet;
Thence South 11007' 25" West a distance of25.39 feet to the TRUE POINT OF BEGINNING.
Containing an area of 706 square feet, more or less.
Basis of Bearing is Partition Plat No. 92-17
A diagram of said easement is attached to this Resolution as Exhibit "c" and incorporated herein.
Section 4. That the first meeting in November is set as the public hearing date. The expected time
and place for the public hearing is 7:00 P.M. on November 13,2001 in the Woodburn City Council
Chambers, 270 Montgomery Street, Woodburn, Oregon, on whether the above described real
property shall be vacated.
Section 5. That the City Recorder is directed to give notice of the public hearing as provided by law.
Approved as to form:n.~ ~
City Attorney
/0- 4 - zt)'D1
Date
Page 2 - Council Bill No. 2351
Resolution No. 1657
APPROVED~
RI HARD JENN GS, MAYOR
Submitted to the Mayor
October 8, 2001
October 9, 2001
Passed by the Council
Approved by the Mayor
October 9, 2001
Filed in the Office of the Recorder
October 9, 2001
ATTEST
M -cd
Mary ~ant, Recorder
City of Woodburn, Oregon
Page 3 - Council Bill No. 2351
Resolution No. 1657
J.N. 1545
7-10-01
EXHmIT "A"
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CITY OF WOOOBURN
MARION COUNTY. OREGON
. .J.N. 1645
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PARnllON PlAT
NO. 92-17
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MARION COUNTY. OREGON
oI.N. 1645
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