Item 3: Ordinance Vacating Portion of West 4th Alley

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applicant. The easement will be conveyed prior to or concurrent with the recording of the alley vacation. Retention of a public utility easement will result in the alley being retained, albeit under private ownership. While this alley will not be required to remain open as a public alley, adjacent uses are all owned by the applicant and will continue to use the alley for deliveries and emergency access. Public Hearing Notice In accordance with EC 9.7440 and ORS 271.110, notice of public hearing for the requested street vacation has been provided in the following manner: • On December 20, 2012, notice was mailed to property owners within a 100 -foot radius of the alley, interested parties and the Downtown Neighbors, and the officially recognized neighborhood group; • On January 8, 2013, the property was posted in the immediate vicinity of the requested street vacation; • And, on January 8, 2013, and January 15, 2013, legal notice was published in The Register - Guard newspaper. Any written testimony received in response to public notice will be forwarded to the City Council for consideration. Consent of Abutting and Affected Property Owners In accordance with ORS 271.080, the applicant 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 applicant owns all of the properties abutting the alley right -of -way. Application materials submitted with the alley vacation include consent forms signed by Carlton B. Simons for all abutting properties. The application materials also include consent forms signed by Sid Leiken on behalf of the Lane County Board of Commissioners (for the Lane County Jail property) and additional surrounding property owners 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 vacation request process serves as a means to evaluate the need for public -ways as land develops and uses change over time. Requests for vacation of public streets are considered in accordance with sections 9.8700- 9.8725 of the Eugene Code (EC) and Oregon Revised Statutes (ORS) 271.080- 271.230, and processed pursuant to EC 9.7445- 9.7455. The public hearing is subject to quasi - judicial procedures in State law and as set forth in EC 9.7065 through EC 9.7095. 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. S: \CMO \2013 Council Agendas \M130122 \S 1301223.doc