Item 4: UO Arena Alley Vacations

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Vacation application materials, including the applicant’s written statements addressing approval criteria, are included as Attachment C. A copy of both vacation applications, along with other documents and information related to the vacation requests, such as consent forms, are contained in a binder that has been placed in the Council Office. Public Hearing Notice In accordance with EC 9.7440 and ORS 271.110, notice of public hearing for the requested alley vacation has been provided in the following manner: On July 8, 2008, notice was mailed to property owners, interested parties and the Fairmount Neighbors, the officially recognized neighborhood group; on July 2, 2008, the property was posted in the immediate vicinity of the requested alley and street vacations; and on July 7, 2008, and July 14, 2008, legal notice was published in The Register-Guard newspaper. All of the written testimony received in response to public notice will be posted on the Planning Division website and included in the binder located in the Council Office. Consent of Abutting and Affected Property Owners In accordance with ORS 271.080, the University has provided evidence of consent to the alley vacation from all abutting property owners and from property owners of at least two-thirds of the property within the affected area. The State of Oregon owns all of the properties abutting the alley right-of-way and has authority to sign for the one property that is in condemnation proceedings. The materials submitted with the alley and street vacation applications include consent forms signed by a representative from the University of Oregon on behalf of the State of Oregon. The application materials also include consent forms signed by a representative of the University of Oregon for more than two-thirds of the affected (required consent) area. The affected area per ORS is an area that is 200 feet on either side of the alley and 400 feet at each end of the alley. Attached as Exhibit D are maps showing affected areas and identifying those properties with signed consent forms for both the alley and street vacation requests. Copies of the signed consent forms are included in the file records for these requests. Applicable Criteria The Eugene City Council will address the relevant approval criteria from EC 9.8725 in making a decision on the proposed alley vacation, as listed below: The city council shall approve, or approve with conditions and reservations of easements, the vacation of improved public right-of-way, public ways acquired with public funds, or undeveloped subdivision and partition plats, or portions thereof, including public right-of- way and improved public easements located therein, only if the council finds that approval of the vacation is in the public interest. Additionally ORS 271.120 is relevant as listed below: 271.120 Hearing; determination. At the time fixed by the governing body for hearing the petition and any objections filed thereto or at any postponement or continuance of such matter, the governing body shall hear the petition and objections and shall determine whether the consent of the owners of the requisite area has been obtained, whether notice has been duly given and whether the public interest will be prejudiced by the vacation of such plat or street or parts thereof. If such matters are determined in favor of the petition the governing body shall by ordinance make such determination a matter of record and vacate such plat or street; otherwise it shall deny the petition. The governing body may, upon hearing, grant the petition in part and deny it in part, and make such reservations, or either, as appear to be for the public interest. Z:\CMO\2008 Council Agendas\M080721\S0807214.doc