ORDINANCE NO. 98-1

An Ordinance vacating the following described street, towit:

As described on Exhibit A, attached hereto and incorporated herein by reference.

WHEREAS, as a result of petition from abutting property owners, the City of Sodaville has initiated vacation proceedings for a portion of Liberty Street right-of-way, as described on Exhibit A, attached hereto; and

WHEREAS, the Council for the City of Sodaville has conducted a public hearing on February 24, 1998, having duly considered the testimony of interested persons and the general public; and

WHEREAS, the City Council finds that notice has been duly given, that the consent of the owners of the requisite area has been obtained, and

WWEREAS, the City Council has determined that the Public interests will not be prejudiced by the vacation of such portion of Liberty Street right-of-way;

WHEREAS, the City Recording Officer has filed with the Recorder of Linn County, Oregon, a certificate showing that all city liens and all taxes have been paid on the lands covered by the portion to be vacated;

NOW, THEREFORE, the people of the City of Sodaville do ordain as follows:

Section 1.

A portion of Liberty Street right-of-way, more particularly described on Exhibit A, attached hereto; is hereby declared vacated, with the following reservation:

Section 2.

That the City of Sodaville is granted a perpetual easement that is reserved for utility, for installation, maintenance and replacement over and under the ground in strips of land as noted on the attached map, Exhibit B. This reservation shall include the right of ingress to and egress from any and all easements in any manner necessary for the purpose of construction, maintenance or removal of utility and service. A 12 foot wide utility easement shall be reserved adjacent the south property line, and shall extend for the entire east-west length of the property. In using this easement, the City shall restore the property as near as reasonable to its condition prior to said installation or maintenance.

Section 3.

That the City of Sodaville is retaining all rights to the standing timber.

Section 4.

A certified copy of this Ordinance vacating the described portion of Liberty Street right-of-way on Exhibit A on any map in regard thereto shall be filed for record with the County Clerk for Linn County.

Section 5.

A certified copy of this Ordinance shall be filed with the County Assessor and the County Surveyor for the County of Linn.

Section 6.

Inasmuch as the provisions of this Ordinance are necessary for the mediate preservation of the peace, health, and safety of the people of the City of Sodaville, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect immediately upon its passage by the council and approval by the Mayor.

EXHIBIT "A"

ORDINANCE NO. 98-1

VACATION OF LIBERTY STREET

An area of land in the Town of Sodaville in Section 36 of Township 12 South in Range 2 West of the Willamette Meridian, City of Sodaville, Linn County, Oregon described as follows:

Beginning at the Southwest corner of Block 1 in the Town of Sodaville; thence Easterly along the South line of said Block 1 198.00 feet to the Southeast corner of said Block 1; thence Southerly 50.00 feet to the Northeast corner of Block 6; thence Westerly along the North line of said Block 6 198.00 feet to the Northwest corner of said Block 6; thence Northerly 50.00 feet to the Southwest corner of said Block 1; being the point of beginning.

Passed by the Council this 24 day of February, 1997.