Item 1: Ordinance on U of O - Moss Street Vacation

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Consent of Abutting and Affected Property Owners In accordance with ORS 271.080, the University has provided evidence of consent to the street vacation from all abutting property owners and from property owners of at least two-thirds of the property within the affected area. The State of Oregon owns all of the properties abutting the street right-of-way. Application materials submitted with the street vacation include consent forms signed by a representative from the University of Oregon, on behalf of the State of Oregon. The application materials also include consent forms signed by a representative of the University of Oregon for more than two-thirds of the affected (required consent) area. The affected area per ORS is an area that is 200 feet on either side of the street and 400 feet beyond each end of the right-of-way to be vacated. Included in the application materials is a map showing the affected area and identifying properties with signed consent forms for the street vacation request. Applicable Criteria The Eugene City Council will address the relevant approval criteria from EC 9.8725 in making a decision on the proposed street vacation, as listed below: The City Council shall approve, or approve with conditions and reservations of easements, the vacation of improved public right-of-way, public-ways acquired with public funds, or undeveloped subdivision and partition plats, or portions thereof, including public right-of- way and improved public easements located therein, only if the council finds that approval of the vacation is in the public interest. Additionally ORS 271.120 is relevant as listed below: 271.120 Hearing; determination. At the time fixed by the governing body for hearing the petition and any objections filed thereto or at any postponement or continuance of such matter, the governing body shall hear the petition and objections and shall determine whether the consent of the owners of the requisite area has been obtained, whether notice has been duly given and whether the public interest will be prejudiced by the vacation of such plat or street or parts thereof. If such matters are determined in favor of the petition the governing body shall by ordinance make such determination a matter of record and vacate such plat or street; otherwise it shall deny the petition. The governing body may, upon hearing, grant the petition in part and deny it in part, and make such reservations, or either, as appear to be for the public interest. As noted above, consent of the required area has been obtained and public notice has been given in accordance with statutory and local code requirements. Basic provision of necessary public services and facilities such as transportation and utilities in the area can be maintained upon approval of the vacation requests. While attached findings indicate that the vacation requests can be accommodated at this fundamental level, it remains within the council’s purview to identify what additional requirements, if any, must be made to find that the request supports the public interest in order for the City to release ownership of the rights-of-way. The street vacation request was referred to affected City Departments and public utility service providers. City of Eugene Public Works Transportation and Engineering staff and the Fire Marshal’s Office have indicated the street vacation would not compromise transportation or emergency access needs, and there are no stormwater or wastewater services in the portion of Moss Street right-of-way subject to the vacation request. S:\CMO\2011 Council Agendas\M111121\S1111211.doc