Item A2: Ordinance Vacating West 12th Avenue between Olive and Willamette streets

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ATTACHMENT C ORDINANCE NO. _______ th AN ORDINANCE VACATING THE WEST 12 AVENUE RIGHT-OF-WAY LOCATED BETWEEN WILLAMETTE STREET AND OLIVE STREET; AND PROVIDING AN EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. The City Council of the City of Eugene approved an agenda setting a public hearing to be held at 7:30 p.m. on April 23, 2012, in Council Chambers, for the purpose of hearing protests and remonstrances to the proposed vacation of: (1) the th West 12 Avenue right-of-way located between Willamette Street and Olive Street; and thth (2) a portion of the Willamette Alley right-of-way located between 12 Avenue and 13 Avenue. For both segments of right of way, the proposed vacation included City reservation of a public utility easement under and across that right-of-way otherwise vacated, including a reservation of the right to enter thereon for purposes of construction, reconstruction, maintenance and repair, but not reserving rights pertaining to the air space above the right-of-way. B. Capstone Collegiate Communities LLC (“the applicant”) will be dedicating th a new West 12 Avenue right-of way having a consistent width of 20 feet, located more directly with the existing public access way east of Willamette Street just south of the th West 12 Avenue right-of-way being vacated. The applicant will improve this replacement right-of-way to accommodate a bicycle and pedestrian connection through the site. C. Notice was duly and regularly given of the public hearing, and on April 23, 2012, the City Council held a public hearing and accepted testimony supporting and objecting to the proposed vacation. D. Following the public hearing, the applicant withdrew its request for vacation of the thth portion of the Willamette Alley right-of-way located between 12 Avenue and 13 Avenue but maintained its request for vacation of the following described right of way: th The West 12 Avenue right-of-way located between Willamette Street and Olive Street as more particularly described in Exhibit A and depicted on the map attached as Exhibit B to this Ordinance, reserving a public utility easement under and across that entire right-of-way otherwise vacated, including a reservation of the right to enter thereon for purposes of construction, reconstruction, maintenance and repair, but not reserving rights pertaining to the air space above the right-of-way. 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 consent of the owner(s) of the abutting property has been filed in the proceedings, and that the vacation of the right-of-way is in the public interest, as described in the Findings attached as Exhibit C to this Ordinance. Ordinance - Page 1 of 2