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Home My WebLink AboutOrdinance No. 19972ORDINANCE NO. /~°t~~7~ An ordinance vacating the following described street, to-wit: A segment of East 43rd Avenue, beginning at the intersection of Spring Boulevard and extending approximately 55~ feet in a westerly direction, and more particularly described in Exhibit A hereto. Wilson, SV 93-0~4~ on 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 7:3o p.m., Pacific Tune on the 25th day of July, 1994, at the Council Chambers at City Hall, Eugene, Gregon, 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 for the same. THE CITY of EUGENE DOES oRDAIN AS FGLLGV~S: 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 bled in .the proceedings and the public interest will not be prejudiced b Y 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 re larl can feted. ~ y P Section 3. The hereinabove described street is hereby vacated, and the street so ordnance -1 vacated shall revert pursuant to the statutes of the State of Oregon. Section 4, The City Recorder is hereby directed to ale a certified copy of this Ordinance with the Recorder of Lane County, aregon, together with a ma or lat of said p P property, and a certified copy of this Ordinance shall be bled with the Lane County Assessor and another certified copy shall be bled with the Lane County Surveyor, Passed by the City Council this 25th day of July, 1994 I~"~' City R der Approved by the Mayor this 25th day of July, 1994 Mayor ordinance - Z EAST 43RD AVENUE vACATIGN IN TAB LGT # 3200 . .. ~ ~ NW 114 SECTION 16, TGWNSHIP 1$ ~ SGUTH, RANGE 3 WEST, W.M. PARCEL GNE P4RTIGN GF 19?2 DEDICATIGN BEING a portion of that certain 60.00 foot wide Public Road Easement known as East 43rd Avenue} as dedicated by document recorded September 15, 1972 in Ree16o3R, Recording No. 18839, Lane County Gregon Deed Records, and as said road has been surveyed in February 1970, Survey File No. 16406, as filed in the Lane County Surveyor's Ofi"ice. 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 Ree118a3R, Recording No. 9263426, Lane County Gregon Deed Records and more particularly described as follows: BEGINNING at a paint 1092.91 feet North and 651.20 feet East of the West one-quarter corner of Section 16, Township 1 S South, Range 3 West, Willamette Meridian; THENCE along the centerline of said road easement on a 155.41 foot radius curve left the long chard of which bears North 84° 10'56" East 53.96 feet} a distance of 85,01 feet to a point Tying on the general northerly line of said lands of Wilson, et al being marked by an iron pin which bears North 75°21'25" East 37.05 feet from the northwest corner of said lands of Wilson, et al; THENCE continuing along said centerline ~ and ,general northerly line of the lands of Wilson, et al, the following dive ~5} numbered courses: 1. North 65°30'41" Fast $.55 feet; thence 2, on a 705.57 foot radius curve right (the long chard of which bears North 79°43'25" East 79.94 feet a distance of 80.46 feet; thence 3. South 89°03'50" East 436.13 feet; thence 4. on a 1300.40 foot radius curve right (the long chord of which bears South SS°09'01" Fast 41.46 feet} a distannce of 41.46 feet; and thence 5. South $7° 14' 12" East 58.95 feet to the TRUE PGINT GF BEGINNING being an angle point marked by an iron pin in said general northerly line of the lands of Wilson, et al; THENCE, leaving said TRUE PGINT GF BEGINNING and general northerly line of the lands of Wilson, et al, continuing along said centerline the following numbered courses: 1. South 87° 14' 12" East 36.75 feet; thence 2. on a 539.42 foot radius curve left the Tong chord of which bears North 82°57'20" East 153.75 feet} a distance of 184.57 feet; thence 3. North 73°08'53" East 42.26 feet; thence 4. on a 1219.19 foot radius curve left the long chord of which bears North 69 a 52'06" East 139.49 feet} a distance of 139.55 feet; and thence 5. North 66 a 35' 19" East 144.09 feet mare or less to a int on the westerl Po Y margin of that certain 60.00 foot wide public road known as Spring Boulevard being all in Lane County, Qregan. PARCEL TWQ PQRTIQN QF UNRECQRDED SUBDIVISION OF D~RRQH RANCH BEINQ a portion of that certain 30 foot wide Public Road cornrnonl known as East 43rd Y Avenue; said road dedicated by document recorded in Boak~ 23~, pages 15 ~-15$ ~3}, dated September 11,1942 as shown. on the unrecorded subdivision of DQRRQH RANCH as filed June 1942 at the Lane County Surveyor's 4f~ce under County Survey File Na, 14195. Said chion 1 in entirel .within that certain arcel of land described in the ~1Varran Deed to Po Y g Y p ty Thomas 7. Wilson, et al, recorded November 9,1992 in Reel 1$03R, Recordin No. g 926342b, Lane County Oregon Deed Records and more. particularly described as follows BEING all that portion of said road lying easterly of the west line of Lot $6A and its southerly prolongation and the westerly ~ margin of that certain b4.4o foot wide ublic road P known as Spring Boulevard being all in Lane County, Oregon. Reaisr~Eo PROF~ssioNa~ tAN~ SURVEYOR e~~ e oAEC~or~ JULY 20.1993 RDCA BETZ ~~ire~s /2~3i~yJr- Vicini Mai (SV 93-4)---Thomas J. Wilson, et al This map shoes area to be vacated as yell as City Limits and IIrban Grovth Boundary. . ~ Urban Graath Boundary :•••••••• `` `~ Area of Reque.St . ~, City Limits r~~a~^.~r~••••c ~ w East 43rd Avenue Right-of-Way Vacation Introduction This petition for right-of way vacation involves the portion of East 43rd Avenue extending from the intersecrion of Spring Boulevard Easterly approxirriately 556 feet. The area affected extends over the Northwest boundary of T~ Lot 3200 (Map 18-03-16-20). The property adjacent to the proposed right-of-way vacation is currently vacant and in the process of being developed through the City's subdivision and planned unit development process. The applicant is requesting approval to relocate this 30 foot strip of East 43rd Avenues shown on the accompanying map and legal description, and simultaneously will rededicate a 50 foot strip in the adjacent location. The area to be vacated is not an improved right-of-way. Vehicle tracks are observable on this portion of the right-of-way, but it is not used for access to other properties. The applicants are requesting this vacation to allow for relocation. of this portion of East 43rd Avenue to a more desirable location. The current right-of-way intersection of East 43rd Avenue with Spring Boulevard is skewed at an acute angle of approximately 66°: Eugene code section 9.045 (4), (a) states: "And. Streets shall intersect one another at an angle as near to a right angle as practicable..... " The proposed realignment of East 43rd Avenue would intersect with Spring Boulevard at approximately 90° and thus conform to the Eugene code. Motorist visibility and. vehicle maneuverability is also compromised as the intersection angle becomes more acute (Less than 90°). The American Association of State Highway and Transportation Officials (A Polic~on Geometric Design of Highways and Streets, 1990, p 685) states: "Regardless of the type of intersection, for safety and economy, intersecting roads should generally meet at or 1 East 43rd Avenue Vacation (portion) nearly at right angles. Roads_ intersecting at acute angles require extensive turning roadway areas and tend to limit VIS1blllfy, particularly for drivers of trucks. When a truck turns on an obtuse angle, the driver has blind areas on the right of the vehicle. Acute-angle intersections increase the exposure time of the vehicle crossing main traffic flow and may increase the accident potential.... " vacation Criteria The following is submitted to address the vacation criteria of the Eugene Code: Section 7.610(3) (a)1: The subject area is not presently nor in the future needed for public services, facilities, or utilities. There is presently above ground power (Lane Electric Coop) along the existing. East 43rd Avenue. The applicant proposes to relocate East 43rd ... avenue and. place all utilities (underground) within -the proposed 50 foot dedication. Lane Electric Coop Engineer (John OBrien) has been norified and is in concurrence. Section 7.610(3)(a)2: Such public services, facilities, or utilities can be extended in an orderly and efficient manner. As. noted above, the property is in the process of being further developed through the City's subdivision and planned unit development process and facilities and utilities can be extended in an orderly and efficient manner. That includes consideration of both access and utility extensions to adjoining properties. Section 7.610(3)(a)3: The vacation is consistent with applicable transportation plans. . 2 East 43rd Avenue Vacation (portion) An area wide plan map showing an overall general area street plan has been prepared by Branch Engineering and reviewed. and acknowledged by the City Planning Department. Addirionally, a plan for connection of the proposed sanitary and storm sewers to the existing public sewer system has also been prepared by Branch Engineering and reviewed and acknowledged by the City Planning Department. Section 7.600 Section 7.600 of the Eugene Code provides, in part, that: "[The council] may make an assessment and provide for the payment to the City a sum of money as the council may find to be just and equitable as an assessment of special benefit on the real property abutting on the vacated area or a benefit to property which, by reason of the vacation abuts on the vacated area..." It is the. City's normal practice not to levy such an assessment if alternative right- of-way is being dedicated. Right-of-way dedicarion of East 43rd Avenue slightly North to its present location is proposed as part of the overall development. Therefore, levying an assessment for this street vacation would not be in accordance with City policy. 3 East 43rd Avenue Vacation (portion) Consenting Property Qwners for A. Abutting owners The following is a listing of parcels and owners which abut the existing East 43rd Avenue right-af way proposed to be vacated. These property owners have consented to the ri ht-of g way vacation}: A ..______1 _ 1 ~_~ 1! ~ n nn ~ E r1n Tax Lots: 3200 Continental Land & Cattle Company (aka, WendelllV~ilson, et al} B, Affected Area In addition to the contiguous owners listed above, the following adjacent property owners have consented to the proposed right-of-way vacation: __ Tax Lots: ~ 9Q 1 Jon E. & Judith L. Ekstrom 1902 Wesley W. & Glenda D. Spading 2000 Charles M. & Barbara W. West 3600 Paul B. & Dana Skillern The combination of contiguous owners and owners listed .above represents over 66 percent (or two-thirds of the statutorily defined "affected area" . Signed and notarized consent to right-of way vacation forms for all owners listed above have been submitted as part of the record for this vacation request. ~ ~ ~ l Dr. Roy D. Johnson President Southeast _ Neighbors 995 East 44th Avenue Eugene, OR 97405-4581 Phone: (503) 342-3144 November 1,1993 Planning Division File number ASV 93-4} pity of Eugene 777 Pearl Street Eugene, ~R 97401 Phone: ~ 687-5481 f Dear jean Hahn; The Execu~ve Board of the Southeast Neighbors on ~~etober 1Z, 1993, reviewed the . proposed vacation request ASV 93-4} submitted for the right angle intersection of 43rd Avenue and Spring Boulevard. The board passed a motion ~ b unanimous voice vote to Y . , ~"approve" the vaca~an request. We are strongly in. favor of creating ninety degree ~:.. intersections whenever possible. . I am sending this letter to confirm our conversation today at 3:45 PM. I understand that this vacation request ASV .93-4} has been os oned until a counal meetin in anuar .. p ~ g j Y . of 1994. . Since ly, ~~ ~ ~ . Dr. R D. ohnson President, outheast Nei hbors ~ ~ . ~ . ,, ~ . ..h a 1