HomeMy WebLinkAboutOrdinance No. 20421 recorded
Division of Chief Depuly Clerk 2nno.nS91sn
Lane Counly Deeds and Records UUU U U
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01033575200800591500070071 10/28/2008 02: 36: 58 PM
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e--~~ ORDINANCE NO. 20421
AN ORDINANCE VACATING A PORTION OF EAST 13TH AVENUE
RIGHT-OF-WAY EAST OF ITS INTERSECTION WITH FRANKLIN
BOULEV ARD.
The City Council of the City of Eugene finds that:
A. On June 18, 2008 the City Council of the City of Eugene by motion duly passed
called a public hearing to be held at 7:30 p.m., Pacific time on July 21, 2008 at the Council
Chambers at City Hall, Eugene, Oregon, at which time and place protests and remonstrances
could be heard as to the proposed vacation of the following described portion of East 13th
Avenue right-of-way:
A portion of East 13th Avenue right-of-way located east of the
intersection of East 13 th Avenue and Franklin Boulevard, in the
City of Eugene, Oregon as more particularly described on Exhibit
A attached hereto, and depicted on the map attached as Exhibit B
hereto.
RESERVING herein a public utility and pedestrian access
easement over, under, above and across the above described
property, and the right to enter thereon for pedestrian access and
for purposes of construction, reconstruction, maintenance and
repair. (Oregon State Board of Higher Education, VRI 08-2)
B. Notice was duly and regularly given of the hearing and at said time and place the
Council heard all obj ections to the proposed vacation.
c. All persons owning property abutting the portions of right-of-way to be vacated
have consented to the vacation and applied for the same.
Now, therefore,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
After recording return to: City Recorder
City of Eugene, 777 Pearl St., Room 105
Ordinance - 1
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 law required, and no valid objections were made
at the hearing or filed. The consent of the owners of the abutting property has been duly and
regularly filed in this proceeding and as described in Exhibit C hereto, it is in the public interest
that the portion of right-of-way be vacated.
Section 2.
The hearing was held on July 21, 2008 at 7:30 p.m., Pacific Time, at the
Council Chambers, City Hall, Eugene, Oregon, and all matters necessary to be done in the
premises have been duly and regularly completed.
Section 3.
The hereinabove described portion of East 13th Avenue right-of-way is
hereby vacated, and the portion of right-of-way so vacated shall revert pursuant to the statutes of
the State of Oregon.
Section 4.
The City Recorder is requested 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
certified copies of this Ordinance shall be filed with the Lane County Assessor and with the Lane
County Surveyor.
13th day of August, 2008
Approved by the Mayor this
.. '20 day of August, 2008
Passed by the City Council this
-V1Ac;~ ~
City Recorder
-
K:
I hereby certify that the foregoing is a
true and correct copy of the original
document and the whot~ thereof.
Ordinance - 2
EXHIBIT A
LEGAL DESQUPTION
, For' .' " .
PROPosED VACATION OF A PORTION OF THE RIGBT-OF-W AY OF EAST 13TH AVENUE
. A porti~n of the rightoQf.way of East 13" Avenue (fonnerly East }3111 Street) dedicated on the Amended
. Plat ofFairmount, as platted. ~d recorded at Page 12 of Book 2 of the Lane County Oregcm P1.at Records.
.~ Lane County, Oregon :which is more particularly described as follows: .
Beginning at the Northwest Comer of Block 6 of said plat, said point being also the True Point of
Beginning; thence North 87056'14" West along the D~ line of the vacated right..ot'--way of Moss Street
(formerly Moss Avenue) a distance of40;OO, f'eet.~.tbe centerline of sSid Moss. Street; theaoe, continuing
along the' north line of the vacated right-of-way and thellonh line of Block 5 of said plat, North.
. ' 8711.154'04" West a distance ,of51.30 feet;thcnce, leaving last said'line. North 200S'S6" Bast: a distance of
14.59 feet to the back of the existing~; t1:u:.ucc, following the ali~ of the' existing cwb'the ,
following courses, along the arc of a 50.00 foot radius cum to the left, haVing a central angle of
49a~9'04" and a chord bearingNort'b 6~34'43"East39.06 feet, a distauce of 40.13 feet; theuccNorth
.' 4611.135'11" Bast a distance of 42.90 feet; thepce along the arc 01a 33.50 foot tadius CQtVe to Ihe right,
having a central angle of 5811.136'14" and a chord beeg North 1~oS3'18" East 32.79 feet. a distance of
," 34.26 feet; thence South 7411.148'35" East a: distance 0~219.21 feet; tbence..Jeaving the back of the curb,
South 211.103'46" West.a distance of 19.49, feet to a point on tho 11OJ:fh line of the afOte-deseribed Block 6;
thence. along the last said uorth line, North 8711.156'14" West a distance of 219.86 feet to the True Poin~ of
Be~g. . .
.\
. . COntaiDing 13.650 square feet, more or less.
RESERVING herein a public utility and pedestrian access easement over, under, above and across the
above described property, and the right to enter thereon for purposes of pedestrian access; and for
construction, reconstmction, maintenance and repair purposes.
University of Oregon Right of Way Vacation - East 13th Avenue
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Proposed area for E 13th Ave vacation:
13/650 sq ft (O.313 acres)
City file VRI 08-2 - Ordinance B
Feet
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Planning and Development Department .
August 5, 2008
Exhibit C
Findings:
East 13th Avenue Right-of-Way Vacation
for the University of Oregon
(Ordinance B)
Background
The University of Oregon's requested right-of-way vacations include Villard Alley from East 15th
Avenue north to East 13th Avenue (Ordinance A) and a roughly triangular portion of East 13th
A venue at the intersection with Franklin Boulevard (Ordinance B). The University is proposing to
redevelop the site which necessitates the alley and street vacations.
The University of Oregon's desire to redevelop this site is expected to provide many positive
economic opportunities to the community. The University has shown a continuing commitment
toward this objective, including their investment of over $700 million in projects in the last 10 years
including those projects that are under construction, and projects that are planned and are fully
funded.
The vacation request process provides 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. Requests for the vacation of public streets and alleys are considered in accordance
with EC 9.8700-9.8725 and Oregon Revised Statutes 271.080-271.230. These requests are also
subject to procedural requirements at EC 9.7445-9.7455.
Compliance with Approval Criteria
The sole approval criterion at EC 9.8725 requires the City Council to find that approval of the
requested right-of-way vacations is in the public interest. The full text of the approval criterion is
provided below, with findings demonstrating compliance:
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.
Public notice and hearings have occurred on the vacation requests in accordance with applicable
statutory and local code requirements. Consent for the vacation requests from abutting and affected
owners, and payment of a special assessment for the area of vacated right-of-way, have also been
provided as required.
East 13th Avenue Vacation (Ordinance B) Findings
The following findings demonstrate that vacation of a portion of East 13 th Avenue is in the public
interest. This determination is based on the conclusion that the current street provides minimal value
and benefit to the public and further, with the vacation of this right-of-way, redevelopment
Exhibit C: Findings
opportunities can be enhanced through the consolidation of the site, including the provisions of
improved access for pedestrians and bicycles. As a result, the East 13th Avenue vacation (Ordinance
B) will be in the public interest. Detailed findings to support these conclusions are provided below.
Referral comments from Pub lic Works staff and utility providers confirm that the East 13 th Avenue
vacation (Ordinance B) will not impact services as all utilities, including stormwater, wastewater,
water, electric, and natural gas lines, are proposed to remain. The City's Public Works
Transportation and Engineering staff and the Fire Marshal's office have confirmed that the vacation
would not compromise transportation or emergency access. A public utility and pedestrian access
easement will be retained to ensure that access within the vacated portion of the East 13 th Avenue is
maintained, as well as all existing utilities.
The transportation system will be further improved given that any future development of this site
will be subject to current Eugene Code Standards for commercial zones. The land use code includes
development standards which require sidewalks or other forms of pedestrian connections, bicycle
parking and the provision of pedestrian amenities. Likewise, vehicular access will be addressed to
ensure safe and efficient circulation. Any larger development, such as the arena, would also need to
comply with Traffic Impact Analysis application requirements which identify traffic impacts related
to a development and required mitigation.
Elimination of the requested portion of East 13th Avenue right of way (Ordinance B) would provide
increased flexibility to develop the site in a coordinated and integrated manner. By enabling
consolidation of this site, future redevelopment plans can address the variety of development
concerns (both potential impacts and benefits) in a holistic manner. Given the limited value of the
portion of East 13th Avenue, its benefit to the public would be minimal in comparison to the benefits
resulting from a comprehensive development plan for the entire site.
The ability to re-use this property in a consolidated manner also enhances its economic viability
given the additional flexibility afforded with the vacation of the street. As such, the vacation can
help facilitate increased economic opportunities associated with its redevelopment. Any
development of this consolidated, commercially zoned parcel, even in the absence of a basketball
arena would result in substantial employment opportunities both for the construction trade as well
as increased employment opportunities with the University. These additional employment and
economic opportunities will result in substantial benefit to the community.
Conclusion
Based on the available information, evidence and testimony received, the City finds East 13th
Avenue right of way vacation (Ordinance B) as proposed by the University of Oregon, will be in the
public interest.
Exhibit C: Findings