Item 2D: Approval of Brackenfern Right-of-Way Exchange

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Approval of Brackenfern Right-of-Way Exchange Meeting Date: May 14, 2007 Agenda Item Number: 2D Department: Public Works Staff Contact: Mark Schoening/Peggy Keppler www.eugene-or.gov Contact Telephone Number: 682-2869 ISSUE STATEMENT The City Council is requested to approve the right-of-way exchange by releasing the underlying fee to a 3,063 square feet area in return for a 3,704 square feet area to be re-dedicated by East Ridge Development, LLC as Brackenfern Drive, in conformance with PD99-04. BACKGROUND This exchange of right-of-way as shown on the Detail Map (Exhibit B) was reviewed as part of the Son Blaze Planned Unit Development (PUD) application (PD99-4), which was subsequently approved by the Hearings Official and is currently known as East Ridge PUD. Per the approved final PUD plans, Brackenfern Road was approved as an extension of a Neighborhood Collector through the development site, extending from the Glenwood Connector to the north and terminating at the southerly PUD boundary. The PUD application proposed realignment of unimproved right-of-way in order to provide access to the westerly portions of the PUD as well as to avoid impacts to existing wetlands. Following approval of the PUD, the applicant requested vacation of the existing unimproved right-of-way with concurrent re-dedication of realigned right-of-way. This was granted approval per VRU06-01. Because the original right-of-way was conveyed “in fee simple,” it is now necessary to complete the exchange by releasing the City’s underlying interest in the vacation area through City Council concurrence. As shown in the attached Exhibit B, the area proposed for release to East Ridge LLC will be encumbered by a 25’ wide driveway access to Brackenfern Road, public utility easements and slope easements, and fragments of the conservation areas being created as requirements of the approved PUD. COUNCIL OPTIONS The council has the option of either accepting or rejecting the proposed release of fee interest in the vacation area to East Ridge LLC. If the council concurs to the proposed release, they may consummate the transaction consistent with Eugene Code 2.872 which states “a proposal acceptable to the City Manager shall be presented to council for its action.” If the council chooses to reject the proposed release, the City will retain control of the vacation area, in which case, East Ridge Development would be granted an access permit but any other use of the property would require a revocable use permit. L:\CMO\2007 Council Agendas\M070514\S0705142D.doc