HomeMy WebLinkAboutItem 2D: Approval of Brackenfern Right-of-Way Exchange
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Approval of Brackenfern Right-of-Way Exchange
Meeting Date: May 14, 2007 Agenda Item Number: 2D
Department: Public Works Staff Contact: Mark Schoening/Peggy Keppler
www.eugene-or.gov Contact Telephone Number: 682-2869
ISSUE STATEMENT
The City Council is requested to approve the right-of-way exchange by releasing the underlying fee to a
3,063 square feet area in return for a 3,704 square feet area to be re-dedicated by East Ridge
Development, LLC as Brackenfern Drive, in conformance with PD99-04.
BACKGROUND
This exchange of right-of-way as shown on the Detail Map (Exhibit B) was reviewed as part of the Son
Blaze Planned Unit Development (PUD) application (PD99-4), which was subsequently approved by the
Hearings Official and is currently known as East Ridge PUD. Per the approved final PUD plans,
Brackenfern Road was approved as an extension of a Neighborhood Collector through the development
site, extending from the Glenwood Connector to the north and terminating at the southerly PUD
boundary. The PUD application proposed realignment of unimproved right-of-way in order to provide
access to the westerly portions of the PUD as well as to avoid impacts to existing wetlands. Following
approval of the PUD, the applicant requested vacation of the existing unimproved right-of-way with
concurrent re-dedication of realigned right-of-way. This was granted approval per VRU06-01. Because
the original right-of-way was conveyed “in fee simple,” it is now necessary to complete the exchange by
releasing the City’s underlying interest in the vacation area through City Council concurrence. As
shown in the attached Exhibit B, the area proposed for release to East Ridge LLC will be encumbered by
a 25’ wide driveway access to Brackenfern Road, public utility easements and slope easements, and
fragments of the conservation areas being created as requirements of the approved PUD.
COUNCIL OPTIONS
The council has the option of either accepting or rejecting the proposed release of fee interest in the
vacation area to East Ridge LLC. If the council concurs to the proposed release, they may consummate
the transaction consistent with Eugene Code 2.872 which states “a proposal acceptable to the City
Manager shall be presented to council for its action.”
If the council chooses to reject the proposed release, the City will retain control of the vacation area, in
which case, East Ridge Development would be granted an access permit but any other use of the
property would require a revocable use permit.
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CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the council direct the City Manager to complete the right-of-way
exchange by proceeding with the release through the conveyance of a quit claim deed.
SUGGESTED MOTION
Move to authorize the City Manager to consummate the exchange of City-owned right-of-way in return
for the proposed right of way dedication by execution of a quit claim deed.
ATTACHMENTS
A. Vicinity Map
B. Detail Map illustrating the right-of-way vacation and re-dedication
FOR MORE INFORMATION
Staff Contact: Peggy Keppler
Telephone: 682-2869
Staff E-Mail: peggy.a.keppler@ci.eugene.or.us
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