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Exhibit C <br />Findings <br />Background: <br />Pearl Alley runs north -south for a half -block between the David Minor Theater and the Vitus <br />Building. The total requested vacation area consists of 2,240 square feet of public right-of-way. <br />The area to be vacated currently serves as alley access for properties south of East 5th Avenue, <br />between Oak Street and Pearl Street. The applicant, Obie Companies, is associated with <br />Mildred O LLC, which owns all the properties abutting the proposed alley vacation. <br />The vacation request process serves as 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 <br />with public ways. This request for vacation is being considered in accordance with sections <br />9.8700-9.8725 of the Eugene Code (EC) and Oregon Revised Statutes (ORS) 271.080 — <br />271.230 and processed pursuant to EC 9.7445 — 9.7455. The public hearing is being conducted <br />consistent with quasi-judicial procedures in State law and as set forth in EC 9.7065 —9.7095. <br />When rights-of-way are vacated, ORS requires ownership of the underlying land to revert back <br />to the adjacent lands from which it was originally dedicated. If the vacation is approved, the <br />alley will revert to private ownership by Mildred O, LLC. EC 9.8710(5) requires the applicant to <br />pay a special assessment to the City equal to the assessed value of the real property and any <br />costs incurred by the City in the construction of public improvements. The applicant has paid <br />the required assessment. <br />Compliance with Approval Criteria: <br />The sole approval criterion for this vacation, located at EC 9.8725, requires the City Council to <br />find that approval of the requested right-of-way vacation is in the public interest. The full text <br />of the approval criterion is provided below, with findings demonstrating compliance: <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 />The required public notice and hearing have occurred on the vacation request in accordance <br />with applicable statutory and local code requirements. Consent to the vacation request from <br />abutting and affected owners, and payment of a special assessment for the area of vacated <br />right-of-way, has been provided by the applicant, as required by statutes and local code. <br />Exhibit C: Findings Page 1 of 3 <br />