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Resolution No. 5041
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2011 No. 5021-5049
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Resolution No. 5041
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Last modified
4/2/2012 10:53:58 AM
Creation date
9/13/2011 2:41:41 PM
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Template:
City Recorder
CMO_Document_Type
Resolutions
Document_Date
9/12/2011
Document_Number
5041
CMO_Effective_Date
9/12/2011
Author
Sandra Stubbs
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Exhibit A - Page 16 <br />CRIGNAL <br />related land use regulations are an , applicable measure of the "public interest ", as it pefta i to this vacation. <br />Findings of Fact (impacts and Process of Vacation) <br />The Board takes notice and finds ,as follows: <br />That, the property the proposed vacation is identified as tax lots 9999, 10000, <br />10100 and 10200 of Assessor's Map 17- 04- 36 -41; and tax lot 9900 of Assessor's Map <br />1703- 31 -32. All of these abutting parcels are owned by Lane County. <br />2: That, pursuant to CRS 368.326'to 368.366, a county goveming body may vacate roads or <br />easements based upon the determination that the vacation is "in the public interest. <br />3. That, the Surveyor's Office notified the City of Eugene, QWest Communications, EWEB, <br />Northwest Natural Gas, various other agencies including Transportation Planning and <br />Lane County Planning sections of -the Lane County Department of Public Works, and <br />nearby property owners regarding the vacation. Northwest Natural Gas, Eugene Water <br />and Electric Board, the City of Eugene Fire Department and the City,of Eugene Public <br />Forks Engineering section responded with specific concerns that are described and <br />addressed in the Final Order. The other agencies and landowners either had no objection <br />to the vacation or did not respond to the referral. <br />4. That, the portions of these roads proposed W vacation are within the city limits of the City <br />of' Eugene, and in accordance with CRS .368.361(3), concurrence by the. City of Eugene is <br />necessary to validate. the vacation. If the vacation is approved, the City of Eugene will be <br />asked to provide the Surveyors Office a copy of a concurring City ordinance. <br />5. That, Lane Manual 16.306 requires that vacations, other than those by petition, shall be <br />referred to the Roads Advisory Committee for consideration and recommendations, and this <br />vacation was considered and approved by the Roads. Advisory Committee on ,tune 22, <br />2011. <br />6. Since this vacation was initiated within Lane County government by resolution rather than by <br />a petitioning entity, and since only County owned property is affected, consideration :for <br />Assessment of Special Benefit pursuant to Lane Manual 60.853 is inapplicable. Absent <br />Board direction to the contrary, this assessment would not be made by one County entity <br />against another within the County. <br />7. That, the County Surveyor has provided legal notice for the public hearing by service, <br />posting, and publication, as required by ORS 368.401 to 368.426. <br />8. That, pursuant to the provisions of CRS . Chapter 368, a county governing body may make <br />a determination about a vacation of property with a public hearing if: <br />(1) The county road official files a written report containing a description of the property <br />proposed for vacation and stating that the vacation is in the public interest. <br />Vacation, Findings of Fact - Page 2 of 3 <br />Portions of Fairgrounds Entrance Roads (Co. Rds. 2253 & `2267) (17- 43- 31 -32, IT-.03-31-33 & 17-04 -3641) <br />H:\ Sunny ,1AGENDA\VACATION\Faitgrounds Roads 20114.doc {err) <br />
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