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Exhibit C <br />Findings <br />Background: <br />The East 8th Street alley runs east -west for a half -block between High Street and High Alley. The <br />total requested vacation area consists of 2,240 square feet of public right-of-way. The area to <br />be vacated currently serves as alley access for properties west of High Street, between East 8th <br />Street and East Broadway. The applicant, John G. Shedd Institute for the Arts owns both <br />adjacent 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— 271.230 <br />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 271.140 generally requires ownership of the land <br />underlying the vacated right-of-way to revert back to owners of the adjacent lands from which <br />it was originally dedicated. If the vacation is approved, the alley will revert to private ownership <br />by John G. Shedd Institute for the Arts. EC 9.8710(5) requires the applicant to pay a special <br />assessment to the City equal to the assessed value of the real property and any costs incurred <br />by the City in the construction of public improvements. The applicant has paid the required <br />assessment. <br />Compliance with Approval Criteria: <br />Per EC 9.8725, the sole approval criterion for this vacation requires the City Council to find that <br />approval of the requested right-of-way vacation is in the public interest. The full text of the <br />approval criterion is provided below, with findings demonstrating compliance: <br />The city council shall approve, or approve with conditions and reservations of easements, <br />the vacation of improved public right-of-way, public ways acquired with public funds, or <br />undeveloped subdivision and partition plats, or portions thereof, including public right-of- <br />way and improved public easements located therein, only if the council finds that <br />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 />Vacation Findings <br />The following findings demonstrate that a vacation of the East 8th Alley, located between High <br />Street and High Alley, and between East 8th Avenue and East Broadway, is in the public interest. <br />Exhibit C: Findings Page 1 of 2 <br />