HomeMy WebLinkAboutOrd. 20658
20658
EASEMENTS
ADOPTED:Ju2621
SIGNED:July27,2021
PASSED:8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE:
MILL ALLEY VACATION
Situated in the Northeast 1/4 of Section 31 in Township 17 South, Range 3 West of the Willamette
Meridian in the City of Eugene, Lane County Oregon and described as follows:
Being all that portion of Mill Alley that (1) lies south of the south margin of East 5th Avenue as
shown on the original plat of the Eugene City as platted and recorded in Book Page 2 in
Lane County Oregon Judgement Documents; and (2) lies within the plat boundaries of the plat of
, in in Lane County Oregon Plat Records, and
assigned Reception Number 2020-016334 in Lane County Oregon deed Records.
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Engineers, Geologists, and Surveyors
SITE
FOR
2535B Prairie RoadEugene, Oregon 97402
MARCH 25, 2021
NE 1/4 SECTION 31
VACATION SITE PLAN
CITY OF EUGENE, LANE COUNTY, OREGON
MILL ALLEY RIGHT-OF-WAY
TOWN RUN.VARYING WIDTH EASEMENT FOR WATER LINES AND RELATED UTILITY FACILITIES AS CREATED IN THE DECLARATION OF EASEMENTS, INCLUDINGTHE TERMS AND PROVISIONS THEREOF, BY THE EUGENE WATER
& ELECTRICBOARD, A MUNICIPAL UTILITY OF THE CITY OF EUGENE, OREGON, THAT WASRECORDED APRIL 17, 2018, RECEPTION NO. 2018-017637, LANE COUNTY DEEDSAND RECORDS; AS AMENDED BY (1) "AMENDMENT
TO DECLARATION OFEASEMENTS" RECORDED OCTOBER 16, 2019, RECEPTION NUMBER 2019-046745,LANE COUNTY DEEDS AND RECORDS, AND (2) "SECOND AMENDMENT TODECLARATION OF EASEMENTS" RECORDED MARCH
5, 2021, RECEPTION NUMBER 2021-015455, LANE COUNTY DEEDS AND RECORDS.
RECORDS AND ASSIGNED RECEPTION NUMBER 2020-016334 IN LANE COUNTY
14.00' WIDE PUBLIC WASTEWATER EASEMENT AS RESERVED IN THE PLAT OFOREGON DEED RECORDS.
#2606
OREGON
REGISTEREDREX A. BETZ
JULY 20, 1993
PROFESSIONAL
LAND SURVEYOR
RIGHT-OF-WAY TO BE VACATED:ALL THAT PORTION OF MILL ALLEY THAT (1) LIES SOUTH OF THE SOUTH MARGIN OFEAST 5TH AVENUE AS SHOWN ON THE ORIGINAL PLAT OF EUGENE CITY AND (2) LIESWITHIN THE
PLAT BOUNDARIES OF THE PLAT OF TOWN RUN.RESERVING THEREFROM, UNTO THE CITY OF EUGENE AND ANY OF ITS AGENCIES, ANEASEMENT FOR WASTEWATER PURPOSES WITHIN THE ENTIRETY OF THE VACATEDAREA.EASEMENTS
TO REMAIN:E19E14-G
LEGEND:
(R1)PLAT OF TOWN RUN AS FILED APRIL 3, 2020 IN LANE COUNTY OREGON PLATTM/LTAX MAP/LOT NUMBER.
NONE FOR THIS ZONE CLASSIFICATION.NONE.VACANT.URBAN RENEWAL AGENCY OF THE CITY OF EUGENE,
TAX LOT:TM 17033222 TL 02400.ZONING:DOWNTOWN RIVER SPECIAL AREA WITH A MIXED USE ADDRESSES:EXISTING USE:OWNERSHIPS:OREGON, A MUNICIPAL CORPORATION
SUBAREA (S-DR/MU)SETBACKS:
TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN
URBAN RENEWAL AGENCY OF THE CITY OF EUGENE
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PROPOSEDALLEYVACATION
(707± SQUARE FEET)
N1°50'12"E
18.92'
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CH=S49°30'50"E 30.06'
=0°07'59" L=17.82'
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CH=S50°18'05"E 30.20'
R=5759.58'
0325.dwg LAYOUT=6-MILL ALLEY VACATIONS:\\Projects\\6745 City of Eugene\\19-0026 Town Run \[fmly Riverfront\] Subdivision\\Vacations 210218\\Autocad\\Mill Alley Vacation 21
Main File
0325.dwg LAYOUT=6-MILL ALLEY VACATIONS:\\Projects\\6745 City of Eugene\\19-0026 Town Run \[fmly Riverfront\] Subdivision\\Vacations 210218\\Autocad\\Mill Alley Vacation 21
Main File
EASEMENT VACATION
Situated in the Southwest 1/4 of Section 29, Northeast 1/4 of Section 31, and Northwest 1/4 of
Section 32 in Township 17 South, Range 3 West of the Willamette Meridian in the City of Eugene,
Lane County Oregon and described as follows:
Being all of the public utilities easement that was reserved in the Street and Alley Vacation,
Ordinance Number 19374,
Number 1986-005882 in Lane County Oregon Deed Records, that lies within the plat boundaries
020 in in Lane County Oregon Plat Records and
assigned Reception Number 2020-016334 in Lane County Oregon deed Records.
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SITE ER
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HGI
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Engineers, Geologists, and Surveyors
FOR
2535B Prairie RoadEugene, Oregon 97402
MARCH 24, 2021
CITY OF EUGENE, LANE COUNTY, OREGON
TOWN RUN.VARYING WIDTH EASEMENT FOR WATER LINES AND RELATED UTILITY FACILITIES AS CREATED IN THE DECLARATION OF EASEMENTS, INCLUDINGTHE TERMS AND PROVISIONS THEREOF, BY THE EUGENE WATER
& ELECTRICBOARD, A MUNICIPAL UTILITY OF THE CITY OF EUGENE, OREGON, THAT WASRECORDED APRIL 17, 2018, RECEPTION NO. 2018-017637, LANE COUNTY DEEDSAND RECORDS; AS AMENDED BY (1) "AMENDMENT
TO DECLARATION OFEASEMENTS" RECORDED OCTOBER 16, 2019, RECEPTION NUMBER 2019-046745,LANE COUNTY DEEDS AND RECORDS, AND (2) "SECOND AMENDMENT TODECLARATION OF EASEMENTS" RECORDED MARCH
5, 2021, RECEPTION NUMBER 2021-015455, LANE COUNTY DEEDS AND RECORDS.
RECORDS AND ASSIGNED RECEPTION NUMBER 2020-016334 IN LANE COUNTY
14.00' WIDE PUBLIC WASTEWATER EASEMENT AS RESERVED IN THE PLAT OFOREGON DEED RECORDS.
EASEMENT VACATION SITE PLAN
#2606
OREGON
REGISTEREDREX A. BETZ
JULY 20, 1993
PROFESSIONAL
LAND SURVEYOR
EASEMENT TO BE VACATED:PUBLIC UTILITIES EASEMENT AS RESERVED IN STREET AND ALLEY VACATION, RECORDER'S NUMBER 1986-005882, LCODR.EASEMENTS TO REMAIN:E19E14-G
ORDINANCE NUMBER 19374, RECORDED FEBRUARY 13, 1986 IN REEL 1388R AT LEGEND:
(R1)PLAT OF TOWN RUN AS FILED APRIL 3, 2020 IN LANE COUNTY OREGON PLATTM/LTAX MAP/LOT NUMBER.
SW 1/4 SECTION 29, NE 1/4 SECTION 31, AND NW 1/4 SECTION 32
NONE FOR THIS ZONE CLASSIFICATION.NONE.VACANT.URBAN RENEWAL AGENCY OF THE CITY OF EUGENE,
TAX LOTS:TM 17033111 TL 14200TM 17033222 TLS 01800, 01900 & 02400.ZONING:DOWNTOWN RIVER SPECIAL AREA WITH A MIXED USE ADDRESSES:EXISTING USE:OWNERSHIPS:OREGON, A MUNICIPAL CORPORATION
SUBAREA (S-DR/MU)SETBACKS:
TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN
URBAN RENEWAL AGENCY OF THE CITY OF EUGENE
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S:\\Projects\\6745 City of Eugene\\19-0026 Town Run \[fmly Riverfront\] Subdivision\\Vacations 210218\\Autocad\\Exc 8,10,15,20 Vacation 210323.dwg LAYOUT=1-Exc 8 & 10 Vacations
Main File
EASEMENT VACATION
Situated in the Southwest 1/4 of Section 29, Southeast 1/4 of Section 30, Northeast 1/4 of Section
31, and Northwest 1/4 of Section 32 in Township 17 South, Range 3 West of the Willamette
Meridian in the City of Eugene, Lane County Oregon, and described as follows:
Being all that portion of the public water main easement \[and associated rights thereof\] that was
conveyed in the Deed to the City of Eugene that was recorded August 3, 1917 in Book 116 at Page
59 in Lane County Oregon Deed Records, that lies within the plat boundaries of ÐTown RunÑ as
platted and recorded April 3, 2020 in in Lane County Oregon Plat Records and assigned Reception
Number 2020-016334 in Lane County Oregon deed Records.
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Engineers, Geologists, and Surveyors
FOR
2535B Prairie RoadEugene, Oregon 97402
MARCH 24, 2021
CITY OF EUGENE, LANE COUNTY, OREGON
EASEMENT VACATION SITE PLAN
#2606
OREGON
REGISTEREDREX A. BETZ
JULY 20, 1993
PROFESSIONAL
LAND SURVEYOR
AND ASSIGNED RECEPTION NUMBER 2020-016334 IN LANE COUNTY OREGON DEED RECORDS.
02600, 02700, 02800, 02900, AND 03000.
TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN
(S-DR/MU)
EASEMENT TO BE VACATED:WATER MAIN EASEMENT, INCLUDING THE TERMS AND PROVISIONS THEREOF, GRANTED THECITY OF EUGENE BY INSTRUMENT RECORDED AUGUST 3, 1917, IN BOOK 116 AT PAGE 59 IN LANECOUNTY
OREGON DEED RECORDS. (NO EXACT LOCATION OF RECORD. NOT PLOTTABLE.)LEGEND:(R1)PLAT OF TOWN RUN AS FILED APRIL 3, 2020 IN LANE COUNTY OREGON PLAT RECORDSTM/LTAX MAP/LOT NUMBER.NOTES:
SEE PLAT OF TOWN RUN FOR LOT DIMENSIONS AND AREAS.SEE PLAT OF TOWN RUN FOR EXISTING EASEMENTS AND DIMENSIONS.
URBAN RENEWAL AGENCY OF THE CITY OF EUGENE
SW 1/4 SECTION 29, SE 1/4 SECTION 30, NE 1/4 SECTION 31 AND NW 1/4 SECTION 32
NONE FOR THIS ZONE CLASSIFICATION.ADDRESSES:NONE.VACANT.URBAN RENEWAL AGENCY OF THE CITY OF EUGENE, OREGON,A MUNICIPAL CORPORATION
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Situated in the Southwest 1/4 of Section 29 and Northwest 1/4 of Section 32 in Township 17 South,
Range 3 West of the Willamette Meridian in the City of Eugene, Lane County Oregon, and
described as follows:
Being all that portion of the mill race easement \[and associated terms and provisions thereof\] that
was conveyed in the Deed to the City of Eugene that was recorded January 23, 1947 in Book 340
at Pages 163-171 in Lane County Oregon Deed Records; that lies within the plat boundaries of
in in Lane County Oregon Plat Records and
assigned Reception Number 2020-016334 in Lane County Oregon deed Records.
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Engineers, Geologists, and Surveyors
FOR
2535B Prairie RoadEugene, Oregon 97402
MARCH 24, 2021
SW 1/4 SECTION 29 AND NW 1/4 SECTION 32
CITY OF EUGENE, LANE COUNTY, OREGON
EASEMENT VACATION SITE PLAN
#2606
OREGON
REGISTEREDREX A. BETZ
JULY 20, 1993
PROFESSIONAL
LAND SURVEYOR
AND ASSIGNED RECEPTION NUMBER 2020-016334 IN LANE COUNTY OREGON DEED RECORDS.
TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN
(S-DR/MU)
EASEMENT TO BE VACATED:MILL RACE EASEMENT, INCLUDING THE TERMS AND PROVISIONS THEREOF, IN FAVOR OF THECITY OF EUGENE, AS SET FORTH IN INSTRUMENT RECORDED JANUARY 23, 1947, RECEPTION
NO.B340 P163, LANE COUNTY OREGON DEED RECORDS. (LOCATION TRACED FROM ORIGINAL PLATOF EUGENE)LEGEND:(R1)PLAT OF TOWN RUN AS FILED APRIL 3, 2020 IN LANE COUNTY OREGON PLAT RECORDSTM/LTAX
MAP/LOT NUMBER.NOTES:
SEE PLAT OF TOWN RUN FOR LOT DIMENSIONS.SEE PLAT OF TOWN RUN FOR EXISTING EASEMENTS AND DIMENSIONS.
URBAN RENEWAL AGENCY OF THE CITY OF EUGENE
NONE FOR THIS ZONE CLASSIFICATION.ADDRESSES:NONE.VACANT.URBAN RENEWAL AGENCY OF THE CITY OF EUGENE, OREGON,A MUNICIPAL CORPORATION
TAX LOTS:TM 17033222 TLS 02000, 02100, & 02500.ZONING:DOWNTOWN RIVER SPECIAL AREA WITH A MIXED USE SUBAREA SETBACKS:EXISTING USE:OWNERSHIPS:
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FINDINGS IN SUPPORT OF VACATING A PORTION OF MILL ALLEY AND
EASEMENTS LOCATED WITHIN THE BOUNDARIES OF THE PLAT OF TOWN RUN
APPLICATION OVERVIEW
Name (File Numbers): Plat of Town Run 3 (VPU 21-1)
Plat of Town Run 2 (VPU 21-2)
Plat of Town Run 4 (VPU 21-1)
Plat of Town Run 5 (VRP 21-2)
Applicant:Eugene Urban Renewal Agency
Subject Property: Map 17-03-31-11
Tax Lots 14200
Map 17-03-32-22
Tax Lots 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500, 2600,
2700, 2800, 2900, 3000
Zoning: Base zone S-DR Downtown Riverfront Special Area Zone with
combinations of the following Zone Subdistricts, Overlay
Subdistricts, and Overlay Zones:
S-DR/MU Mixed-Use
S-DR/CL Cultural Landscape and Open Space
S-DR/MU/1(Active)
S-DR/MU/2(People)
/WR Water Resources Conservation Overlay
ocation: South bank of the Willamette River, including land on both sides
L
of the Ferry Street Viaduct, north of the Southern Pacific Railroad
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tracks and south of East 4Avenue
BACKGROUND
The Eugene Urban Renewal Agency (URA or the applicant) filed four requests for vacations
related to the City Council’s recent approval the Town Run Subdivision(located on the
Downtown Riverfront property). The URA acquired approximately 16.5 acres of land from
EWEB in order to facilitate the property’s development. As part of preparing the property for
development, the URA submitted, and the City approved, a subdivision plat (the Plat of Town
Run). As part of the new subdivision, the URA dedicated new rights-of-way for a street network
throughout the subdivision. The newly dedicated rights-of-way will also serve as the location of
new utilities to serve the entire site (including water, sanitary and storm sewer, and electric).
Findings
VPU 21-1 / VPU 21-2 / VRP 21-1 / VRP 21-2
In order to ready the newly subdivided lots for sale and subsequent development, the applicant
requests approval to vacate prior utility easements and rights-of-way that crisscross the
development site. These four vacation requests are briefly summarized below:
VPU 21-1 Vacation of Undeveloped Plat
Request for approval of Vacation of Mill Alley, an unimproved right-of-way created
through the original plat of Eugene City in 1852. The total requested vacation area
consists of 707 square feet of public right-of-way.
VPU 21-2 Vacation of Undeveloped Plat
Request for approval of vacation of the public utility easement that was reserved in the
Street and Alley Vacation, Ordinance Number 19374 that was recorded February 13,
1986. The reserved public utility easement corresponds to those portions of streets and
alleys recorded in the original plat of Eugene City. The easement area consists of 30,090
square feet.
VRP 21-1 Vacation of Public Way Acquired with Public Funds
Request for approval of vacation of a public water main easement conveyed from C. O.
Peterson, W. J. Royse, and the Eugene Woolen Mill Company to the City of Eugene in a
Deed recorded on August 3, 1917 at the cost of one ($1.00) dollar and “other valuable
considerations in hand paid” by the City of Eugene. No exact location of record was
in said Deed. Staff have determined that the water main referred to in the
provided
easement has either been removed entirely or has been relocated to another public
easement or right-of-way. It is the intent of the applicant to vacate all easement rights
that were conveyed in the Deed. Because no exact location of record was provided, the
proposed vacation encompasses nearly the entire Town Run Plat area, consisting of
15.61 acres.
VRP 21-2 Vacation of Public Way Acquired with Public Funds
Request for approval of vacation of the Mill Race Easement that was conveyed from the
Eugene Power Company to the City of Eugene in the Deed that was recorded January
23, 1947 for the sum of ten ($10.00) dollars and other good and valuable considerations
paid by the City of Eugene. This vacation concerns the historical raceway running from
th
Avenue. The raceway
the Southern Pacific Railroad right-of-way north to East 4
referred to in the Deed was piped undergroundand backfilled. It is the intent of the
applicant to vacate all easement rights that were conveyed in the Deed. The proposed
vacation consists of 10,515 square feet.
FINDINGS
The vacation process serves as a means to evaluate the need for public ways as land develops
and uses change over time, and to address the manner in which the City may dispense with
public ways. Public ways are defined by the Eugene Code as follows: “Any street, road, alley,
Findings
VPU 21-1 / VPU 21-2 / VRP 21-1 / VRP 21-2
right-of-way, pedestrian or bicycle easement or accessway, or utility easement for public use
that is controlled by the city, county, or state.”
This request for vacation is being 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. EC 9.8710(3) requires that any vacation of a public way
acquired with public funds or an undeveloped subdivision and partition plat be considered and
decided upon by the City Council in accordance with the procedures in EC 9.7455 through
9.7455. The public hearing is being conducted consistent with quasi-judicial procedures in State
law and as set forth in EC 9.7065 – 9.7095.
When rights-of-way are vacated, ORS 271.140 generally requires ownership of the land
underlying the vacated right-of-way to revert back to owners of the adjacent lands from which
it was originally dedicated. In this instance, if the vacations are approved, the rights-of-ways will
revert to the Eugene Urban Renewal Agency as the owner of the adjacent lands. EC 9.8710(5)
requires the applicant to pay a special assessment to the City equal to the assessed value of the
real property and any costs incurred by the City in the construction of public improvements as
determined by the City Manager. The City Manager has determined that the cost of
construction of the new streets dedicated by the URA is equal to or exceeds the assessed value
of the real property being vacated and any costs incurred by the City in the construction of
public improvements within the vacation area. As noted above, the URA is paying to construct
and install the new streets and utilities, at a cost of approximately $16.5 million. The value of
the newly created rights-of-way and transportation/utility improvements far exceeds the real
market value of all the vacations combined.
The applicant has provided statements of concurrence from affected utility providers for the
vacations of public utility easements.
Compliance with Approval Criterion
Per EC 9.8725, the sole approval criterion for these vacations requires City Council to find that
approvals of the requested vacations are in the public interest. The full text of the approval
criterion is provided below, with findings demonstrating compliance:
EC 9.8725: Approval Criteria for the Vacation of Improved Public Right-of-Way, Public
Ways Acquired with Public Funds, and Undeveloped Subdivision and Partition Plats. The
city council shall approve, or approve with conditions and reservations ofeasements, 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.
The following findings demonstrate that vacation of a portion of Mill Alleyand vacations of
associated public utilities easements are in the public interest. This determination is based on
the conclusion that vacation of these public ways will provide an opportunity for the efficient
Findings
VPU 21-1 / VPU 21-2 / VRP 21-1 / VRP 21-2
use of land and will not negatively impact the transportation system, surrounding uses, or
emergency access. The purpose of the applicant’s vacation requests is to:
•Allow for the full development of the Town Run Subdivision in accordance with the
Downtown Riverfront Concept Plan for redevelopment of the Downtown Riverfront site.
•Prepare the newly subdivided lots for sale and subsequent mixed-use development.
•Remove unnecessary rights-of-way and easements currently encumbering the
Downtown Riverfront site.
The subject portion of Mill Alley andthe associated public utility easement(VPU 21-1 & VPU
21-2) were intended as part of a development associated with a plat that was never fully
developed(Original Plat of Eugene City).Theundeveloped Mill Alley right-of-way doesnot
currently provide direct access to surrounding streets. The undeveloped right-of-way does not
provide required frontage for any abutting lots, as all abutting lots have adequate frontage on
the proposed street systemin accordance with Eugene Code. As there is a proposed public
street system providing vehicular and pedestrian access to the lots and Mill Alley does not
connect to any other rights-of-way, the undeveloped alley does not provide significant public
transportation benefit nor vehicular or pedestrian circulation on adjoining streets.
The remnant public utility easement (VPU 21-1) contains no public infrastructure or publicly
owned sanitary or stormwater lines. Statements of concurrence from affected utility providers
further confirm that the subject easement doesnot provide a public benefit.
The City of Eugene has no public infrastructure or publicly owned sanitary or stormwater lines
within either easement acquired with public funds (VRP 21-1 & VRP 21-2). Regarding VRP 21-1,
new water mains have been installed throughout the site in new rights-of-way. Regarding VRP
21-2, the Mill Race was piped below ground in 1928, rendering the above-groundMill Race
Easement running across the property unnecessary. Statements of concurrence from affected
utility providers for the vacations of public utility easements further confirm that the subject
easements do not provide a public benefit.
Conclusion
The applicant’s requested vacations of a portion of Mill Alley right-of-way and the associated
public utility easements is in the public interest, based on the abovefacts and the terms of the
ordinance.
Findings
VPU 21-1 / VPU 21-2 / VRP 21-1 / VRP 21-2