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January 13, 2020, Metting- Item 3C EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Authorization of City Manager to Transfer a Small Strip of Madison Street Right of Way back to its Owner Meeting Date: January 13, 2019 Agenda Item Number: 3C Department: Public Works Staff Contact: Scott Gillespie www.eugene-or.gov Contact Telephone Number: 541-682-2706 ISSUE STATEMENT This consent item is for the City Council to take action to authorize the City Manager to transfer a small 1.5’ strip of Madison Street right of way back to its intended owner. This action corrects an inadvertent reservation of right of way that occurred in a 1965 council ordinance. BACKGROUND A small 1.5-foot strip of City-owned right of way divides a residential property located at 2350 Madison Street in Council Ward 1. The property owner is planning to adjust their property line to resolve a parking and fence issue with their neighbor located at 2355 Madison Street. The neighbors have mutually agreed upon a solution to equitably and peacefully resolve their parking and fence problem. The strip of City-owned land is precluding the property owner’s ability to adjust their property lines. The issue was brought to staff’s attention in a letter by Mary Parks, the owner of 2350 Madison Street, please find Attachment A. Mary Parks hired a Professional Surveyor (William J. Eimstad, PLS) to survey the property and prepare materials for the adjustment. It was discovered that a 1.5-foot strip of land containing approximately 82 square feet was inadvertently reserved by the City during the 1965 vacation of Madison Street (see Attachment B). The reservation was due to an error in the property description and was not intended to be reserved by the City. The Madison Street right of way was otherwise vacated and conveyed appropriately under the council approved policies at the time. Mr. Eimstad contacted the City of Eugene Surveyor (Tim Fassbender, PLS) and requested a peer review. Mr. Eimstad prepared a white paper detailing the history of the numerous dedications and vacations of Madison Street. Mr. Fassbender concurred with Mr Eimstad’s findings. The property owner wrote a letter requesting the property be deeded to its intended owner. The property has been in private use since 1965 and is of no appreciable value to the public or the City. Public Works staff agrees the strip of land was never intended to be reserved and should have been transferred with the original ordinance. All parties have agreed the reservation of right of way was a mistake and action should be taken to correct this inadvertent reservation of right of way.