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Ord. 20656
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2021 No. 20645 - 20664
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Ord. 20656
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7/14/2021 2:39:02 PM
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City Recorder
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Ordinances
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7/14/2021
Document_Number
20656
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8/14/2021
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EXHIBIT C <br />Findings <br />Background: <br />Slocum Drive and Songbird Loop are unimproved rights-of-way. The total requested vacation <br />area consists of 25,288 square feet of public right-of-way, comprised of Slocum Drive (16,438 <br />square feet) and Songbird Loop (8,850 square feet). The request also includes vacation of a 7- <br />foot wide public utility easement that abuts the north side of Slocum Drive and the west side of <br />Songbird Loop. Both rights-of-way and the public utility easement were dedicated as part of a <br />plat through a partition (City File: M 00-3). <br />The Slocum Drive right-of-way abuts Tax Lot 100 of Assessor’s Map 18-04-04-12 owned <br />by Asgar R. Sadri L.T. and Tax Lot 200 of Assessor’s Map 18-04-04-12 owned by Crown <br />Pointe Village of Eugene, LLC. <br />The Songbird Loop right-of-way abuts Tax Lot 200 of Assessor’s Map 18-04-04-12 and <br />Tax Lot 603 of Assessor’s Map 17-04-33-40, both of which are owned by Crown Pointe <br />Village of Eugene, LLC. <br />The public utility easement is located entirely within Tax Lot 200 of Assessor’s Map 18- <br />04-04-12. <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 EC9.7065 – 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 rights-of-ways will revert to private <br />ownership of Asgar R. Sadri L.T. and Crowne Point Village of Eugene, LLC. EC 9.8710(5) requires <br />the applicant to pay a special assessment to the City equal to the assessed value of the real <br />property and any costs incurred by the City in the construction of public improvements. The <br />applicant has paid the required assessment. <br />In accordance with ORS 271.080, the applicant has provided evidence of consent to the <br />vacation from owners of at least two-thirds of the property within the affected area. In this <br />case, the affected area per State law is the land lying on either side of the vacated area to the <br />next lateral street, and 400 feet beyond each terminus of the rights-of-way to be vacated. <br />Based on the signed consent forms submitted with the application, the applicant has obtained <br />consent for the proposed vacation from the property owners of approximately 89 percent of <br />the affected area for Slocum Drive and 100 percent for Songbird Loop, which exceeds the <br />requirements of ORS 271.080 and EC 9.8710. <br />Page 1 of 3 <br /> <br />
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