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EXHIBIT C <br />T <br />he applicant also received statements of concurrence from affected utility providers for the <br />vacation of the unimproved public utility easement. <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 vacation is in the public interest. The full text of the approval <br />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 acquiredwith public funds, or <br />undeveloped subdivision and partition plats, or portionsthereof, 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 publicinterest. <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. Utility <br />concurrences were received from impacted utility providers, as required by statutes and local <br />code. <br />Vacation Findings <br />The following findings demonstrate that a vacation of Slocum Drive and Songbird Loop and <br />associated public utility easement is in the public interest. <br />This determination is based on the conclusion that the vacation of these rights-of-way and <br />public utility easement will provide an opportunity for the efficient use of land and will not <br />negatively impact the transportation system, surrounding uses, or emergency access. The <br />purpose of the applicant’svacation request is to: <br />•A <br />llow for the full development of the lots in accordance with their residential plan <br />designation and zoning. <br />•Satisfy Condition #14 of the approved Site Review application (City File: SR 20-3) to <br />allow the development of Tax Lot 100 of Assessor’s Map 18-04-04-12 with apartment <br />dwellings and associated amenities in accordance with the approved Site Review plans. <br />•Remove rights-of-way and a public utility easement that are no longer necessary for the <br />development of the Tax Lots 100 and 200 of Assessor’s Map 18-04-04-12. <br />These undeveloped rights-of-way do not currently provide direct access to the surrounding <br />streets.The undeveloped rights-of-way do not provide required frontage for any abutting lot, <br />as all abutting lots have adequate frontage on Willow Creek Road in accordance with Eugene <br />Code. The rights-of-way and public utility easement were intended as part of a development <br />associated with the partition that was never developed. <br />Page 2 of 3 <br /> <br />