HomeMy WebLinkAboutOrdinance No. 20243
ORDINANCE NO. 20243
AN ORDINANCE VACATING A PORTION OF THE ALLEY
RIGHT-OF-%(45~ LOCATED BETWEEN HILYARD STREET
AND ALDER STREET, ONE-HALF BLOCK SOUTH OF EAST
11m AVENUE,
The City Council of the City' of Eugene finds that:
On the 22nd day of October, 200 l, the City Council of the City of Eugene by Motion duly
passed, called a public hearing to be held at 8:00 p.m., Pacific Time on the 26th day of November,
2001, at the Council Chambers at City Hall, Eugene, Oregon, at which time and place protests and
remonstrances could be heard as to the proposed Council initiated vacation, with the consent of the
abutting property owners, of the following described portion of alley right-of-way:
The east~west alley running between Hilyard Street and Alder Street
between East 11th Avenue and East 12th Avenue as more particularly
described in Exhibit A attached hereto. (PeaceHealth, AV 01-1).
Reserving herein a public utility easement as more particularly set
forth in Exhibit A attached hereto.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Eugene finds that due and regular notice of the
hearing was published and posted as by taw required, and no valid objections were made at the
hearing or filed. The proposed vacation will not substantially affect the market value of the property
abutting the above-described portion of alley right-of-way and, so long as the conditions contained
in Section 3 oftNs ordinance are met, the public interest will not be prejudiced by t~he vacation of
the portion of alley r~ght-of-way. The hearing was held on the 26~h day of November, 2001, at 8:00
ORDITNANCE- 1
p.m., Pacific Time, at the Council Chambers, City Hall, Eugene, Lane County, Oregon, and all
matters necessaxy to be done in the premises have been duly and regularly completed.
Section 2~ The herein above-described portion of alley right~of-way is hereby vacated,
sub~iect to the retained public utility easement, and the portion of alley right-of:way so vacated shall
revert pursuant to the statutes of the State of Oregon.
Section 3~ Notwithstanding the provisions of the Eugene Charter of 1976 as to the effective
date of ordinances, this Ordinance shall not becorne effective until after:
(a) PeaceHeatth submits to the City a letter stating its intent to redevelop the
Hilyard campus for medical services, identifying a general time l~?ame fbr such
redevelopment and indicating the estimated cost of investment associated with the
redevelopment; and
(b) PeaceHealth submits to the City a letter stating that it shall coordinate with
the Lane Transit District on the issues of bus stop location and alternative transportation at
the time of redeveloprnent.
Section 4. Upon the alley vacation becoming effective, the City Recorder is hereby 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 5. Upon PeaceHealth's relocation, at its sole expense, of all public utilities located
within the reserved public utility easement to a site or sites which is acceptable to the City, the public
utility easement reserved as a part of Section 2 of this ordinance is hereby vacated.
ORDINANCE - 2
N:~etiOn 6. Following the City Manager's determination that all public mitities have been
relocated, the City Marmger shall effect the vacation of the public utility easement and notify the
Recorder of Lane County', Oregon, the Lane County Assessor and the Lane County Surveyor of the
vacation.
Passed by the CiW Council this
i{Ph daY of December, 2001.
City Recorder
Approved by the Mayor this
l0th day of December, 2001~
OKDiNANCE - 3
PeaceHealth
AIIeY Right~of-Way Vacation Application
March 26~ 2001
hTTACHMENT B
Legal Description
Description of existing east~west alley running between Hi lyard Street and Alder Street between F~st 1 l th
Avenue and East 12th Avenue in Eugene, Oregon, more particularly described as follows:
Beginning at the southWest comer of Lot 5, Shaw's 2nd Addition to Eugene, as platted and recorded on
Volume G, Page 3~, Lane Count),' Oregon Plat Records, said point being on the east boundary of HHyard
Street; mn thence along the north bound~ of alley, North 89°59'2t" East 450.94 feet to the west
~undary of Alder Street; thence along said west boundary, South 00°14~05'' West 14.00 feet to the south
~und~ of alley; thence along sa. id south boundary, South 89°59'21'~ West 450.94 feet to the east
~und~ of Hilyard Street; thence along said east boundary, North 00°0Y50" East 14.00 feet to the Point
of Beghanhag, all ha Eugene, Lane County, Oregon.
This description ~s based on County Survey File No. 26295.
Reserving herein a public utility easement over the entire alley as described above~
City Cou¢il Agenda page 317