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HomeMy WebLinkAboutOrdinance No. 19971ORDINANCE NO. ~q~l7~ An ordinance vacating the following described street, to-wit; A segment of the northeast portion of South Shasta Loop located wesdt of Spring Boulevard, all in Eugene, Lane County, oregon, and more particularly described in Exhibit A hereto. Wendell, SV 93-003) ~n the 29th day of June,1994, the City Council of the City of Eugene by Motion dui Y passed, called a public hearing to be held at 7:30 p.m., Pacil~c Time on the 25th day of July, 1994, 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 above described street. Notice was duly and regularly given of the hearing and at said time and place the Council heard all objections to the proposed vacation. All persons owning property abutting the street to be vacated have consented to the vacation and applied far the same. THE CITY OF EUGENE DUES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Eugene 1"inds 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 the proceedings and the public interest will not be prejudiced by the vacation of the street. Section 2. The hearing was held on the 25th day of July, 1994 at 7:3o p.m., Pacific Time, at the Council Chambers, City Hall, Eugene, Lane County, oregon, and all matters necessary to be done in the premises have been duly and regularly completed, Section 3. The hereinabove described street is hereby vacated, and the street so ordinance -1 vacated shall revert pursuant to the statutes of the State of Oregon. Section ~. The City Recorder is hereby directed to file a certified copy of this ordinance with the Recorder of Lane County, Uregon, together with a map or plat of said property, and a certified copy of this Qrdinance shall be filed with the Lane County Assessor and another certified copy shall be filed with the Lane County Surveyor. Passed by the City Council this 25th day of July, 1994 ~-- d City Reco der Approved by the Mayor this 25th day of July, 1994 Mayor Ordinance - 2 SOUTH SHASTA LOOP VACATION IN TAX LOTS # 3200 AND # 390 0 ' NW lj4 SECTION 16, TOWNSHIP 18 SOUTH, RANGE 3 WEST, W.M. P4RTIQN OF 1972 DEDICATION BEING a portion of that certain,60.00 foot wide Public Road Easement known as South Shasta Loopy as dedicated by document recorded September 15, 1972 in Reel 6038, Recording No. 15537, Lane County Oregon Deed Records, and as said road has been surveyed in February 1970, Survey File No. 16405, as filed ~in Lane County Surveyor's office. Said portion lying entirely within that certain parcel of land described in the Warranty Deed to Thomas J. Wilson, et al, recorded November 9, 1992 in Reel 18038, Recorded No. 9263426, Lane County aregon Deed Records and more particularly described as follows: Beginning at a point 198.67 feet South and 901.69 feet East of the West one-quarter corner of Section 16, Township 18 South, Range 3 West, Willamette~Meridian; thence along the centerline of said road easement South 43 50'07" East 125.25 feet; thence on an 118.73.feet radius curve Left the long chord of which bears South 6 ~. ° 40' 4 5" East 7 2.76 f eet ~ a distance of 7 3.9 5 feet ; thence South 79°31'23".East 79.66 feet; thence on a 93.41 feet radius curve Left the long chard of which bears North 60'12'59" East 120.73 feety a distance of 131.27 feet; thence North 19°57'21!' East 134.24 feet; thence North 16°42' East 142.48 feet to the TRUE PAINT OF BEGINNING being an angle point ~aarked by an iron pin in said southerly line of the lands of Wilson, et al; thence North 25 55'17" East 145.34 feet; thence on a 128.37 feet radius curve Right tthe long chord of which bears North 56`41'06" East 131.22 feet a distance of 137.74 feeti; thence North 87°26'54" East 32.23 feet; thence on a 133.69~feet radius curve Left the long chord of which bears North 48'10'36" East 159.25 feet a di~t~nae of 183.27 feet thence North ~'S4'i9" East 39.40 feet; thence on a 349.76 feet radius curve Right the long chord of which bears North 19 07'54" East 109.99 feet a distance of 110.57 feet; thence North 29'21'29" East 52.14 feet ; thence North 7 4 53'48" East 65.90 feed; thence North 88°47'49" East 107.69 feet to a 5/8 inch iron rebar on the west margin of Spring Boulevard ~a 50.00 foot wide public roads from which point the centerline of said rand bears North 55°47'49" East 25.18 feet; all in Lane County, State of Oregon. REGISTEgEp PeoFESSrow-~ LAND SURVEYOR ~~ Ju~Y2o,1~ _ ~~ ~ ~~ r+ L<<. G~~. /2/3~/~s Vicini Mao (SV 93-3)-Stephen Wendell, et al This map shows area to be vacated as mell as City Limits and IIrban Growth Boundary. Urban GroKth Boundary :•.•+.... . h ~• `~ ~~ Area of Request ti, City Liml,rs rt~•or^ r... # ~ SP INGC EST Mayor Ruth Bascom City Council Members City Managers office 7l7 Pearl Street, Rovm 105 Eugene, Oregon 97401 Dear Mayor and Council members; June 27,1994 .~~i~~~i~~' ~~~~ As owners of the Springcrest development Tvm Wilson and l are writing this letter to apprise you of actions we have taken during the past year ta: ~a} identify and assess natural, service, and facility impacts; fib} assure that key planning issues have been fully addressed and reviewed by appropriate authorities; and ~c} determine the optimum layout of the subdivision, particularly with respect to street design, and lot siting, so that the project best achieves the purposes of the criteria of the South Hills study and city policy concerning fire safety, natural resources, and transportation. At a meeting in October of 1993 we applied to the City Council for vacation of a portion of South Shasta Loop. The Council postponed a decision pending further information from the Planning Department staff on alternate traffic patterns and street dedications the City would receive in exchange far the vacation. Since that time we have accomplished a number of things. The reviews and approvals secured include: 1. Extensive additional coordination with city planning, engineering, and public works officials. 2. Wetland delineation and mitigation plan by Scoles and Associates. 3. State and federal approval of Clean Water Act permits based upon delineation and mitigation plan. 4. Received a Geotechnical Analysis and Report from Foundation Engineering. 5. Received tentative approval for Phase 1 of Springcrest PUD on April 29,1994. As a part of our comprehensive plan we applied for the vacation and a rerouting of this portion of South Shasta Loop for the following reasons: Steepness at< slope: A portion of the existing road at centerline exceeds a 20°/~ gradient for a distance of approximately 90 feet. This is at the maximum gradient allowed by the City. Efficient service of the property: If this portion of South Shasta Loop were not vacated another road would still have to be built to serve the remainder of the subdivision, i.e. lots 3,4,5, 6,10 and 11. To minimize visual impact: The proposed section for vacation is on a highly visible relatively bare portion of the property. To minimize grade disturbance: There would be a substantial amount of cut•and-f II work needed to bring the maximum gradient within the desired limit X15°/0} of the Ci Code. The toe of .the fill slope would extend approxirnately 5D feet beyond the edge of the road far a dis#ance of approximately 15~.feet. To provide optimum service to all lots: Our proposed realignment of South Shasta Loop would connect to East 43rd Avenue and would provide service to all the lots noted above. An evaluation of this realignment by Branch Engineering shows a better grading plan with street grades not exceeding 7 5°/o as well as a better overall development plan for the entire project. To achieve goals of the South Hills Study: We feel the~proposed vacation and realignment of South Shasta Loop provides the best development plan that conforms.to the recommendations ofthe South Hills Study, .specifically set forth on page 5 of Exhibit A "That afl proposed road locations be reviewed to insure minimum grade disturbance and minimum of cut-and-fill activity, particularly in those areas most visible due to slope, topographic or other cond~t~ons". This proposed realignment has the support and concurrence of our Geotechnical Engineers, Foundation Engineering of Corvallis, Oregon. They indicate on the attached ma and letter that P the proposed section of South Shasta Loop to be vacated partially lies on unstable soil that is not recommended for road .construction. They feel the proposed realignment minimizes geologic disturbance. The,proposed realignment also has the support and concurrence from our wetland consultant Phil Stoles of Stoles Associates, Portland, Oregon in his report of January ~ 994. Further ~a royal anal PP concurrence .was obtained from the Division of State Lands who issued a fill permit in May of 1994 for placement of ~ 115 foot section of the realigned South Shasta Loop. Subsequent to these approvals, on April 19, ~ 994 we received tentative a royal from pp the public hearings official on Phase 1 of the Sp~ingcrest PUD which is~cvnditioned on the vacation and realignment of the subject section of South Shasta Loop. We feel.we have done our homework and there are no better alteratives to the one ro osed. PP Therefore we respectfully request your approval of the proposed vacation of South Shasta Loop. Sincerely yours; ~ . ~ ~ Stephen VIZ?endell Thomas Wilson cc; Ms. Jean Hahn, Planning & Development «~ .. ~ ..r..' . •. ~., rr~w ~~ ... ... .... rte- ~ .. ..~..~w» ~ ....++..w.... ..~.~ . .~. ~ ....... • ..~ a ~ ~ Fous~tdation Engi~nee~g Professional Geotechnical Services Mr. Stephen Wendell 3620 Spr;ng Boulevard Eugene, Qregan 97405 Proposed South Shasta Loap Springcrest P.U.D. Eugene, Oregon Dear Mr. Wendell: June 16, 1994 P~j~iP-17 29 We prepared this letter at the request of Mr. Tom Wilson. A site plan showing the proposed Sauth Shasta Loap a!lgnment ~s attached. We have reviewed the proposed allgnme~t and earth fill required to construct the road. The attached figure shows that approximately 20 to 25 feet of ftlt wlti encroach Into ~n active landslide area which was mapped dining our geologic reconnaissance (see our report dated January 21 ~ 1994.. As stated in our report, landsilde areas can be activated by "improper construction practice, such ~s cutting into the i~ndsfide toe, overloading the slope by filling and/ar conducting water into the slide by improper drainage." We #herefore do not recommend filling into the landslide area as shown by the construction of South Shasta Loop. If the road construction cannot be avoided, rerouting of the road away from the landslide or extensive geotechnical evaluations and treatment of the landslide will be required. We trust this information meets your present requirements. Sincerely, FO DAT N ENG G, INC. .~1 ~ ~ eder~ok hrali, .E, enipr Consultant GTId h Enclosure ~74bp SW H~.ntika~ I~o~d, 5wke D • Par~land p~ 0722~8~5~ ~ ~5a3~ 684.95I4 • FAX t5Q3 598-443 n ~ ~3~i~3 ~~ ~ .Lb~Nna3 ~ v~ra~ ~ t ~ ~~ ~~ r ~~ n .. ~ * ry w ~-,.r • a~ ~ FOUNDATIQN ENGINEEAINC,INC, PROPOSED .SOUTH 5HASTA LOOP ~ PROFFSSIONAL GEOTECHNICAL SERYICFS SPRINGCREST P,U.D. Ft G. ~ 7460 sv HUNiIKER ROAD SUITS A P~tTLANA ~R 97ZZ~ EUGENE, OREGON evs. t3a~) eaa-geia r~x (soa) 6aa-r.~ '~-'""~ ` ' ""~ ~ APRRRIIED~ i'G'E . Consenting Property Owners for A. Abutting owners The following is a listing of parcels and owners which abut the existing South Shasta Loo p right-af way proposed to be vacated. These property owners have consented to the ri ht-of- g way vacation}: A .............,.# _ 1 t _~ 1L ~ A A~1 4 ~ An Tax Lots: 3200 Continental Land & Cattle Company aka wilsonlWendell, et al} 3900 John D. and Leslie E. Polansky 510 Stephen A. & S.M. wendell -AND- Thomas & Nancy J. Megan 5200 Bruce & Sheryl Kelly pxsa_esor'c I~.~ # 18~~ Tax Lots:. 3200 Stephen A. & S.M. wendell -AND- Thomas & Nancy J. Megan 3300 Stephen A. & S.M. Wendell -AND- Thomas & Nancy J. Megan NOTE: The above two Tax Lots 3200 and 3300 has been recently renumbered b the Lane .. y County Tax Assessor s Office. The or~g~nal map and tax lot numbers ~l~sted on the consent forms} were Map # 18-o3-Ib-20, Tax Lots 4900 and 4S0o. The consent forms are still valid even though the tax Iot reference has changed. B. Affected Area In addition to the contiguous owners Iisted above, the following adjacent property owners have consented to the proposed right-of way vacation: . 1 Tax Lots: 3804 3801 5501 ,~ __ Tax Lots : 500 boo $40 . Radiology Associates PC aka Thomas J. & Barbara K. Wilson} Radiology Associates PC aka Thomas J. & Barbara K. Wilson} Lawrence Arden Balm Benjamin L. & Harriet Purkey . Philip Klingensmith, etal Dan Giustina ` The combination of contiguous owners and owners listed above re resents over b6 rcent . P pe for two-thirds} of the statutorily defined "affected .area".. Signed and notai~i2ed consent . to right-of-way vacation fornas for all owners listed above have been submitted as art of the . P record for this vacation request. ~. ,~r'~.: s. 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