Item 4: Ordinance to Vacate Alley Adjacent to Eugene Hotel

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The segment of High Alley south of the area of request (i.e. between East Broadway Alley and East 10th Avenue) will continue to be open to vehicular use, which is essential to the Greyhound Bus operations located to the southwest. Greyhound and City staffs have discussed the applicant’s request to confirm that the vacation of High Alley north of East Broadway Alley will not interrupt the bus operations. Further, the owner of the property occupied by Greyhound, GLI Realty Company, has signed a letter of concurrence to the applicant’s request. Utilities The applicant’s plan (Exhibit B) shows the location of existing utilities within the 14-foot-wide alley. Public Works staff, indicates that the existing wastewater system lies about 10 feet below grade and as such, recommends that14 feet of public utility easement (PUE) width is necessary for equipment access, trenching, and spoils storage. The applicant has requested that the westerly three feet of the alley remain unencumbered in order to provide flexibility in the future design of the proposed building façade improvements. Although the design details have not been completed, the private façade improvements are anticipated to need between one and three feet of width abutting the east wall of the existing building. As such, the applicant has requested that the PUE be limited to 11 feet in width. In lieu of reserving a 14-foot PUE over the entire 14 feet of right-of-way to be vacated, Public Works staff confirms that the applicant may provide the additional three feet on the east and/or west side of the proposed 11-foot PUE. The applicant is able to dedicate additional PUE width east of the existing right- of-way because the abutting land is a surface parking lot, which is also under the applicant’s ownership; The draft ordinance (Attachment C) includes a condition to allow flexibility in where the 14 feet of PUE is provided. Referral comments from other utility providers confirm that the proposed 11-foot PUE will adequately cover the existing underground utilities. This includes Comcast cable lines as well as an inactive EWEB steam line. As noted, the draft ordinance includes provisions to ensure adequate space for utility maintenance while providing the necessary flexibility for the applicant. These provisions will help to ensure that the public’s interest is met. Determination of Assessment Pursuant to EC 9.8710(4), the applicant is required to pay a deposit equal to the assessment of special benefit resulting from the vacation. The amount of money to be deposited is to be determined by the City Manager. Pursuant to the City Code, the City provided a notice of the assessment 20 days prior to the public hearing. At that time, the assessment was determined to be $50,800, which considered the value of the easement to be reserved by the City, as detailed in the attached Assessment Memorandum (Attachment D). The applicant is required to deposit that sum with the City. The City received a check in the amount of $50,800 from the applicant on July 10, 2012. If the application is approved and the vacation becomes effective, the deposit will be retained by the City; if the application is denied or the vacation fails to take effect for another reason, the money will be returned. RELATED CITY POLICIES Approval criteria for vacation requests (the full text is included above) are located at EC 9.8725 which requires the council to find that approval of the vacation request is in the public interest. S:\CMO\2012 Council Agendas\M120723\S1207234.doc