Item 4: Action - Ordinance Concerning Vacating a Portion of the Alley Right-Of-Way Located Between 10th Avenue and Broadway

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THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Eugene finds that notice of the hearing was published and posted as required by law, that the consents of the owners of the abutting property have been filed in the proceedings, and that the vacation of the alley right-of-way is in the public interest. Section 2. The Council approves the City Manager's determination that there shall be no assessment of special benefit for the reversion of the alley right-of-way. Section 3. The above-described alley right-of-way is vacated and shall revert pursuant to the statutes of the State of Oregon. Section 4. Notwithstanding the provisions of the Eugene Charter of 2002 as to the effective date of ordinances, this Ordinance shall become effective: (a) Upon the later of30 days, or the closing of the pending sale to OR!; or (b) In the event that the pending sale to OR! does not close, upon (i) the sale to future property owner not later than midnight of December 31,2006, and (ii) written notice being received by the City from the buyer by that time confirming that the buyer desires that the alley be vacated. Section 5. In the event that the ordinance takes effect under Section 4, the City Recorder is directed to file a certified copy of this Ordinance with the Recorder of Lane County, Oregon, together with a map or plat of said property, and a certified copy of this Ordinance shall be filed with the Lane County Assessor and another certified copy shall be filed with the Lane County Surveyor. Section 6. In the event that the ordinance does not take effect under the provisions of Section 4 of this Ordinance by midnight on December 31, 2006, this Ordinance shall be automatically repealed. Ordinance - Page 2 LICMOl200S Council AgendasIMOSI128IS0Sll284-attB.doc