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Ord. 20661
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2021 No. 20645 - 20664
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Ord. 20661
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10/14/2021 2:01:28 PM
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10/14/2021 2:01:27 PM
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City Recorder
CMO_Document_Type
Ordinances
Document_Date
10/11/2021
Document_Number
20661
CMO_Effective_Date
11/13/2021
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EXHIBIT C <br />Findings <br />Background: <br />The applicant is requesting the vacation of Ferry Alley between East 3rd Avenue and East 2nd <br />Alley, which is improved right-of-way. The total requested vacation area consists of <br />approximately 2,240 square feet. The applicant is requesting the vacation of Ferry Alley to <br />create a "woonerf," also known as a "living street," providing a mix of parking, traffic calming <br />devices, and landscaped outdoor spaces. The proposed alley vacation will maintain through <br />access for vehicles and providean opportunity for pedestrians and cyclists to utilize the <br /> <br />enhanced outdoor space of the adjacent businesses. <br /> <br />The portion of Ferry Alley right-of-way to be vacated abuts four parcels, all owned by Three <br />Muses Group, LLC, and consists of Tax Lots 500, 900, 1000 and 1200 of Assessor’s Map 17-03- <br />29-33. <br /> <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 EC 9.7065 – 9.7095. <br /> <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 vacated right-of-way will revert to <br />private ownership of Three Muses, LLC. EC 9.8710(5) requires the applicant to pay a special <br />assessment to the City equal to the assessed value of the real property and any costs incurred <br />by the City in the construction of public improvements. The applicant has paid the required <br />assessment. <br /> <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 requested vacation from 100 percent of property owners in the affected area, <br />which exceeds the requirements of ORS 271.080 and EC 9.8710. <br /> <br />The applicant also received statements of concurrence from affected utility providers for the <br />vacation of the improved right-of-way, provided that a Public Utility Easement (PUE) is <br />maintained over the vacated area. The applicant has agreed to provide a PUE over the vacated <br />area so that the City and utility providerswill have necessary perpetual access for the operation <br />Page 1 of 3 <br /> <br />
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