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LTD has entered into an intergovernmental agreement with the City of Eugene and the <br />Eugene Renewal Agency concernvag acquisition of two city-owned surface parking lots and <br />construc~ion~ of replacement parking. The property acquisition has been completed. Copies <br />of the hearings official's findings approving the original conditional use permit and two <br />subsequent modif ications are attached, showing compliance with all applicable land use code <br />and plan standards. A cagy of the site plan as approved by the second modification to the <br />conditional use permit is also attached. <br />This application is filed pursuant to Conditional Use Permit CU-94-3, as modified by Permit <br />Modification Orders MD 95-8 and MD 95-18, and a February, 1996, intergovernmental <br />agreement between LTI3 and the City of Eugene. Copies are attached. <br />III, Compliance with statutory requirements for vacation. <br />The process far vacation of publicright-of-way is outlined in DRS Sections 271.080 through <br />271.160. CIRS 217.130 provides that the "'The city governing body may initiate vacation <br />proceedings authorized by DRS 221.080 and make such vacation without a petition or <br />consent of property owners." In other cases, the applicant for a vacation must secure <br />notarized consents of owners of abutting properties as well as the consents of the owners <br />of a majority of the area of "affected properties," as defined in the statute see below}. <br />tinder the statute, the consents must be secured before the application maybe filed... <br />In January,1996, city staff declined LTD's request that the Council be asked to initiate and <br />:required that this obligation be made a part of any extension of the intergovernmental <br />agreement. It has therefore been necessary for the applicant to identif~r the relevant <br />property owners and. secure the necessary consents. That process was time-consuming. and <br />resulted in unnecessary public expense. Hawver, it has now been completed and the <br />application may now be f fled. <br />Under the terms of the intergovernmental agreement, the amount any assessment for the <br />vacated alleyways will result in a corresponding reduction of other funds due to the city <br />under the intergovernmental agreement. <br />The following evaluation addresses the applicable Statutory requirements. <br />A. Section 271.080 (Consent of Property Owners) <br />DRS 217.080(2} requires the consent of owners of all "abutting" property and of two- <br />thirds of the area of ail "affected" properties. A list of properties for which consents <br />have been secured is attached, together. with the notarized consents of the owners of <br />the listed. properties. A map showing the abutting and adjoining properties for each <br />of the two alleys is attached, with those properties for which owner consents have <br />been secured shown in green. <br />Page - Z ~ Lane Transit. T~istrict Alley vacation Application -May, 1996 <br />