Item 4: Ordinance to Vacate Alley Adjacent to Eugene Hotel

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ATTACHMENT C ORDINANCE NO. _______ AN ORDINANCE VACATING A PORTION OF HIGH ALLEY, LOCATED BETWEEN EAST BROADWAY AND EAST BROADWAY ALLEY. The City Council of the City of Eugene finds that: A. The City Council of the City of Eugene has approved an agenda setting a public hearing to be held at 7:30 p.m. on July 23, 2012, in Council Chambers, for the purpose of hearing protests and remonstrances to the proposed vacation of the following described right-of- way: The portion of High Alley located between East Broadway and East Broadway Alley, as more particularly described in Exhibit A and depicted on the map attached as Exhibit B to this Ordinance, reserving a public utility easement over the easterly 11 feet of that entire 14 feet of right-of-way otherwise vacated, including a reservation of the right to enter thereon for purposes of construction, reconstruction, maintenance and repair. B. Notice was duly and regularly given of the public hearing, and on July 23, 2012, the City Council held a public hearing and heard all objections to the proposed vacation. 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. Section 2 . The right-of-way described and depicted on Exhibits A and B attached to this Ordinance is vacated subject to the easement described in Finding A, above, and shall revert pursuant to the statutes of the State of Oregon. Section 3 . 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 4. Notwithstanding the effective date of Ordinances as provided in the Eugene Charter of 2002, this Ordinance and the vacation described herein shall become effective on the date the applicant dedicates three feet of public utility easement abutting the 11 feet of PUE reserved within the right-of-way to be vacated. Ordinance - Page 1 of 2