CC Minutes - 04/26/99 WS - Laserfiche WebLink

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Jerry Jacobson, Planning and Development Department, introduced the item. He said the public hearing concerned a proposed vacation of a 15-foot public easement on the south and east sides of River Island Estates, located between Goodpasture Island Road and the Willamette River. The vacation would vacate the bicycle path purpose of the easement, but would retain an easement for emergency vehicle access. Mr. Jacobson said the easement currently extended from the East Bank Bicycle Path into the River Island Estates property but does not connect to Goodpasture Island Road. He referred the council to the meeting packet, which contained maps showing the relationship of the easement to other bicycle path facilities in the area. Mr. Jacobson asked City Attorney Glenn Klein to address the issue of whether the council should act tonight or wait until May 10. Mr. Klein indicated that if the council approves the vacation River Island Estates would withdraw its appeal of the Greenway permit before the Land Use Board of Appeals (LUBA). He said that would reduce the City's administrative burden. If the council acted before River Island Estates filed a brief in the matter, it ensured that such a brief would not be filed and there would be no arguments made to LUBA. He recommended the council take action at this time, although delay would not be significant. Mr. Rayor referred to Exhibit A in the meeting packet and asked if the text or the drawing was correct in terms of the location of the easement. Mr. Jacobson responded that the map showed the correct location. The description is general, as it was only the plat map that was recorded when the easement was approved. Mr. Rayor stated that the trail appears to intersect a private street, Wimbledon Court, which has a recorded ingress and egress easement. Mr. Jacobson agreed. Mr. Rayor said he wished to establish for the record that the easement was not for the traveling public. Mr. Jacobson agreed. He said that the easement provided legal access for the homeowners' association. He said that the easement was recorded on the plat. Mr. Rayor asked City Attorney Glenn Klein if he agreed the existing path could not be connected to the Goodpasture Island right-of-way. Mr. Klein responded that the City did not have the right to extend the path. The City would have to acquire or condemn the property. Mr. Klein noted he had researched the issue of the connection during the City's preparation of the Greenway permit. The City has an easement for phase 1 and phase 2 of the planned unit development, but not for phase 3. He referred to page 31 of the meeting packet, and said that Exhibit A was correct in that the easement extended to the northeast corner of phase 2, but not on in to phase 3. Responding to a question from Mr. Rayor, he confirmed that the general common area was located in phase 3. Mr. Meisner opened the public hearing. Michael Robinson, 900 Southwest 5th Street, Suite 200, Portland, represented River Island Estates. He endorsed the staff recommendation to vacate the easement. Mr. Robinson said that residents of the River Island Estates appeared to be supportive of the vacation. He indicated appreciation for the assistance of Eugene City staff in resolving the issue and concurred with Mr. Klein that action taken now would allow River Island Estates to withdrew its appeal to LUBA. He invited questions. Peter Drobac, 676 Wimbledon Court, chair of the board of directors of River Island Estates, supported the staff recommendation for the easement vacation. He said that the solution was a fair and equitable one and he looked forward to the council's support. MINUTES--Eugene City Council April 26, 1999 Page 3 8:30 p.m.