City of Eugene
7/27/2007 3:34:29 PM
11/2/2006 4:11:30 PM
City Council Minutes
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<br />. <br /> <br />?, <br /> <br />-- <br /> <br />~.l <br /> <br />Council Chamber> <br />Eugene, . Dr>egon <br />Janua+,y 22, 1973 <br /> <br />Adjour>ned meeting of the Common Council of the city of Eugene, Dr>egon - adjourned fr>om the <br />meeting held on January 8, 1973 - was called to or>der> by His Honor> Mayor> Lester> E. Ander>son <br />at 7:30 p.m. on January 22, 1973 in-the Council Chamber> with the following councilmen pr>esent: <br />Mr>s. Beal, Messr>s. Williams, Her>shner>, Mr>s. Campbell, Messr>s. Keller>, Mur>r>ay, and Wood. <br />Councilman McDonald was absent. <br /> <br />Mayor> Ander>son r>ecognized the pr>esence of Dean Rea and his journalism class fr>om the Univer>sity <br />of Dr>egon. They will attend the next sever>al Council meetings in connection with their> cour>ses <br />at the Univer>sity. <br /> <br />For>mer> Councilman Fr>ed Mohr> was also r>ecognized. Mayor> Ander>son pr>esented him with an en- <br />gr>aved plaque in r>ecognition o.f his ser>vice on the Councilfr>om January 6, 1969 to January 2, <br />1973 . <br /> <br />I__~ Public Hear>ings <br />-A. Vacations <br />1. Easement east of Augusta Street between 30th and 28th Avenues (Weaver>) <br />2. Fairway Loop between Delta Highway and Country Club Road (Public Wor>ks) <br />3. Easement between Dr>r> Lane and Cleveland Str>eet at 23r>d Avenue (Public Wor>ks) <br /> <br />Manager> explained that the easements ar>e no longer> needed, substitute easements have been <br />acquir>ed. <br /> <br />With r>egar>d to Fairway Loop, it is no longer> needed as a r>oadway. County has advised that <br />because of the r>ight-of-way's pr>esent use as a par>king ar>ea it will have to be r>eturned to <br />the tax r>oll. <br /> <br />Richar>d Smur>thwai te, attorney, along with Donald Husband, attorney, r>epr>esenting W. C. and <br />Eva Reynolds, expr>essed concer>n about the pr>oposed vacation and submitted a letter> listing <br />objections. The letter> was r>ead stating that (1) the City does not have title to the <br />r>oadway and ther>efor>e cannot convey the pr>oper>ty to owner>s of abutting pr>oper>ties, (2) City <br />does not have author>ity to assess for> benefits on a City-initiated vacation, (3) such <br />an assessment would constitute for>ced purchase of the vacated pr>oper>ty, (4) owner>s of <br />abuttingpr>operties woUld r>eceive no tr>ue benefit since the City r>eser>ves a subsur>face <br />utility easement with the r>ight of access, and (5) assessment of $17,330 as the value of <br />the land in question is excessive, based upon full-use value and not upon actual value. <br />Mr>. Smurthwaite said assuming the City is able to convey title to owner>s of abutting <br />pr>oper>ties his clients would pr>obably pay taxes but would r>esist any attempt to levy the <br />assessment for> any pr>esumed benefits. <br /> <br />....( \ <br /> <br />Manager> said that in discuss~on with City Attor>ney's office it was discover>ed that this <br />r>oadway was or>iginally pur>chased by the County in fee and subsequently dedicated as a <br />. r>oadway: Ther>e is strong legal indication that vacation of the r>ight<:-of-way does not <br />allow the City to tr>ansfer> title to owner>s of abutting pr>oper>ties, as is the case when a <br />r>oad has been dedicated thr>ough subdivision pr>ocess. Any question about assessing for> <br />benefit is moot until the question of how the title will be disposed of in the event <br />vacation is wor>ked out between the City, County, and owner>s of abutting pr>oper>ties. Staff <br />agr>ees the r>oadway ser>ves no public pur>pose and is being used for> pr>i vate pur>poses. <br /> <br />Mr>s. Beal asked if ther>e would be objection to the vacation if ther>e wer>e no assessment. <br />Mr>. Smurthwaite answer>ed that the special assessment is the pr>imary objection and clear> <br />title to the pr>operty would er>ase that. Mr. Husband said ther>e is no objection to the <br />vacation itself, since the pr>oper>ty will r>ever>t to the abutting proper>ties. Councilman <br />Her>shner> said it was his under>standing the matter> of who would have title would have to <br />be wor>ked out, that _ it would not automatically go to abutting pr>oper>ties. Manager> added <br />that in discussion with Papers attor>neys the under>standing was that fee title would not <br />be tr>ansfer>r>ed automatically. Stan Long of the City Attor>ney's office said detailed <br />r>esear>ch is necessary befor>e a definite answer> can be given with r>egar>d to tr>ansfer of <br />title. <br /> <br />Council Bill No. 164 - Vacating easement-east of Augusta Street between 20th and <br />28th Avenues was submitted and r>ead the fir>st time by council bill number> and title only, <br />ther>e being no councilman pr>esent r>equesting that it be r>ead in full. <br /> <br />Mr>s. Beal mOTed seconded by Mr. Williams that the bill be read the second time by council <br />bill number only, with unanimous consent of the Council, and that enactment be conside~ed <br />at this time. Motion carried unanimously and the bill was read the second time by council. <br />bill number> only. <br /> <br />Mr>s. Beal moved seconded by Mr. Williams that the bill be approved and given final passage. <br />Rollcall vote. All councilmen present voting aye, the bill was declar>ed passed and <br />number>ed 1669.5. <br /> <br />"'.' -' .'- . <br /> <br />\0 <br /> <br />1(22/73 - 1 <br />
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