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Ordinance No. 20421
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2008 No. 20401-20425
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Ordinance No. 20421
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Last modified
6/10/2010 3:50:44 PM
Creation date
8/20/2008 6:07:13 PM
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Council Ordinances
CMO_Document_Number
20421
Document_Title
Vacating a Portion of East 13th Avenue Right-Of-Way East of Its Intersection with Franklin Boulevard
Adopted_Date
8/13/2008
Approved Date
8/20/2008
CMO_Effective_Date
9/20/2008
Signer
Kirtty Piercy
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<br />Exhibit C <br /> <br />Findings: <br />East 13th Avenue Right-of-Way Vacation <br />for the University of Oregon <br />(Ordinance B) <br /> <br />Background <br />The University of Oregon's requested right-of-way vacations include Villard Alley from East 15th <br />Avenue north to East 13th Avenue (Ordinance A) and a roughly triangular portion of East 13th <br />Avenue at the intersection with Franklin Boulevard (Ordinance B). The University is proposing to <br />redevelop the site which necessitates the alley and street vacations. <br /> <br />The University of Oregon's desire to redevelop this site is expected to provide many positive <br />economic opportunities to the community. The University has shown a continuing commitment <br />toward this objective, including their investment of over $700 million in projects in the last 10 years <br />including those projects that are under construction, and projects that are planned and are fully <br />funded. <br /> <br />The vacation request process provides a means to evaluate the need for public ways as land <br />develops and uses change over time, and to address the manner in which the City may dispense with <br />public ways. Requests for the vacation of public streets and alleys are considered in accordance <br />with EC 9.8700-9.8725 and Oregon Revised Statutes 271.080-271.230. These requests are also <br />subject to procedural requirements at EC 9.7445-9.7455. <br /> <br />Compliance with Approval Criteria <br />The sole approval criterion at EC 9.8725 requires the City Council to find that approval of the <br />requested right-of-way vacations is in the public interest. The full text of the approval criterion is <br />provided below, with findings demonstrating compliance: <br /> <br />The city council shall approve, or approve with conditions and reservations of <br />easements, the vacation of improved public right-of-way, public ways acquired with <br />public funds, or undeveloped subdivision and partition plats, or portions thereof, <br />including public right-of-way and improved public easements located therein, only if <br />the council finds that approval of the vacation is in the public interest. <br /> <br />Public notice and hearings have occurred on the vacation requests in accordance with applicable <br />statutory and local code requirements. Consent for the vacation requests from abutting and affected <br />owners, and paYment of a special assessment for the area of vacated right-of-way, have also been <br />provided as required. <br /> <br />East 13th Avenue Vacation (Ordinance B) Findings <br />The following findings demonstrate that vacation of a portion of East 13 th Avenue is in the public <br />interest. This determination is based on the conclusion that the current street provides minimal value <br />and benefit to the public and further, with the vacation of this right-of-way, redevelopment <br /> <br />Exhibit C: Findings <br />
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