HomeMy WebLinkAboutOrdinance No. 20066ORDINANCE N0. p0~l~
An Ordi nanc~ vacating the fol 1 owi ng descri hed two a1 I eys between East 5th
Avenue, East 6th Avenue, High Street and Pearl Street, to wit:
An al 1 ey, 14-feet wide to 26-feet wide, running from the
north margin of East 6th Avenue north 174 feet more or
1 ess to the north margin of the east-west al 1 ey; and an
al 1 ey 14~feet wide running from the east margi n of Pearl
Street east 186 feet more or less to the east margin of
the north -south a 11 ey , 1 ocated i n the b1 ock bounded by
East 5th Avenue, East 6th Avenue, High Street and Pearl
Street , Assessor's Map 17-0331-11; as more parti cut arly
descri bed i n Exhibit A attached hereto. Obi e
Industri esl5th Street Public Market, Av 96-0017
On the 16th day of September , 1996, the City Counci 1 of the ~ Ci ty of Eugene
by Motion duly passed, call ed a publ i c hearing to be held at 7:30 p. m. , Paci fi c
Time on the loth day of October, 1996, at the Counci 1 Chambers at City Ha11,
Fugene, Oregon, at which time and p1 ace protests and remonstrances coul d be heard
as to the proposed vacation of the above-descri bed a 11 eys .
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 alleys to be vacated have
consented to the vacati an and applied for the same .
THE C 1TY of EUGENE DOES oRDAI N AS FOLLaWS
Section l . The City Counci 1 of the City of Eugene finds that due and
regular notice of the hearing was published and posted as by 1 aw required, and
no val i d ob jecti ons were made at the hearing or fi 1 ed . The consent of the owners
of the abutting property has been duly and regularly fi 1 ed i n the proceedings and
the public interest wi 11 not be prejudiced by the vacati an of the a 11 eys .
Section 2 . The hearing was held on the 14th day of October , 1996 , at 7 ; 30
p . m . , Pacific Time , at the Counci 1 Chambers , City Ha 11, Eugene , Lane County ,
Oregon, and all matters necessary to be done i n the premises have been duly and
regularly completed.
ORDINANCE _ 1
,_
Section 3 . The herei nabove-described al 1 eys are hereby vacated, and the
alleys so vacated shall revert pursuant to the statutes of the State of oregon.
Secti an 4. The City Recorder i s hereby directed to fi 1 e a certi fi ed copy
of this ordinance w7 th the Recorder of Lane County, Oregon , together wi th a map
or plat of said property, and a certi fi ed copy of this ordinance shat 1 be fi 1 ed
with the Lane County Assessor and another certified copy shat 1 be fi 1 ed with the
Lane County Surveyor.
Passed by the City Counci i thi s
14th day of actober, 1996
~y~~
City Recorder
Approved by the Mayor this
14th day of October, 1996
mayor
DRD~NANCE - 2
Le al Descri flan far Alle Vacation
4bie Industries Inc.lFifth Street Public Market AV 961
Alley right~of-ways abutting Iots 3, 4, 5, 6, 7, and 8, in Block 16 of Eugene Sri final Plat as
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platted and recorded ~n Book A, page 2, Lane County Deed Records, includin the alle ri ht-of
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way described in a street deed, recording number $063506, Reel l ~ 1 OR., Lane Coup Deed
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Records, ~n Lane County, Oregon.
RESERVING herein a 14-foot wide public utility easexr~n.t over e~isti ng public
facilities wi ~iin the north- south alley :
EXHIBIT A
296 E. 5th ~ ~~Tenue #11-15 Eugene, 4R 9701 ~ X503) ~$~-43$3
The owner of the Fifth Street Public Market is requesting the vacation of the
alley Right of Way for the alley that intersects the Maxket Property running south
to north 176 feet beginning at 6th avenue and running west to east 176 feet
beginning at pearl street. The vacation will need to include the storm and
sanitation sewers, which the Market owners will become responible for repair
and maintenance of.the sewer. This request is being made so that any future
improvements to the Market property can be done utilizing the property in the
most efficient manner possible.
1) This area is not presently ar in the future needed for public services,
facilities, or utilities.
2) The public services and utilities have been or can be extended in an orderly
and efficient manner.
3) According to Keith Pearson with the City of Eugene Dept of
Transportation, this vacation will not affect the current transportation plan for
the City of Eugene.
RECEIVED
APR 2 G 1996
9UILDiNG & PERMIT SEftY1CES
CI1Y OF EUGENE
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June 28, 1996
Eugene City Caunyil Members
clo Mr, Kent Kullby
Planning & Development Department
City of Eugene
99 west 10th Avenue
Eugene, aR 97401
Dear Council Members;
In the near future we plan to break ground on a remodeled South entrance into
the Market and we intend to follow this improvement with construction of a new
building adjacent to the Market.
we are requesting the assistance and cooperation of the City in conjunction
with these development plans.
The immediate needs we have are as follows:
o we request that the City Council approve the vacation of•the NorthlSouth
and the Eastlwest alley right of way with the retention on a public utility
easement existing the storm and sanitary sewers. This vacation will allow the
Market to make improvements to our parking area and to the South stairs
entrance and surrounding area.
A sewer line occupies the portion of the alley going west, but it only serves the
properties owned by ~bie Industries. we request that the public sewer be
converted to a private sewer, to allow for any future construction over the alley
and to accommodate the remodeling of the Southwest stairs.
o we also request that you eliminate a right of way area located
approximately in the center of the block to allow the remodel of the same South
stairs to accommodate and meet ADA requirements.
we have attached a proposed site plan for the development of the properties
surrounding the present Market which are owned by Fifth Street, Inc. Our plans ~~~
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include first replacing and upgrading the Southwest entrance off our South
parking lot into the Market.
Included in this upgrading will be new paint and wall surfaces on the entire
Market buildings, lighting and landscaping, resurfacing of the parking lot and
leveling and terracing with retaining walls for the area a!I along the South side
of the Market. With the Market being at an "entrance to the downtown", we Zook
forward to completing this part of our project so the community can be proud.
We hope to also develop another building in the near future which may be
occupied by both retail and hotel and would be connected to the existing Market
building by a crossbridge. qn the ground floor might be a pleasing "plaza" area
which would connect to the other Market entrances.
fur vacation request is similar to the approved vacation at the alley right of way
to the North and to the East of the existing alleys. At that time a public utility
easement was retained over the NorthlSouth sewerline, and the EastlWest
sewerline was converted from a public sewer to a private sewer.
I believe these are the details you might need to make the decision to fulfill our
requests. If you need anything further, please do not hesitate to contact me. I
will be available at the public hearing to answer any questions.
Sincerely,
~a dia I za
Vice President
CP/jml
RE~~t of Way & Easement Vacation --Application
~~'~~ -- Planning
& Development
Planning
Please complete the following required information. If any of this required information or material
is missing or incomplete, the application will not be processed. If au have an uestions about
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filling out this application, please contact the staff at the Permit and Information Center 2~4 East
Broadway, 657-5086. Also, please note the ,information required an the attached a lication
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information sheet,
Please indicate type of vacation request:
Street Right-af Way ~) Alley Right-of-Way Q~
Public Utility Easement ~,} Uaim roved Plat
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Assessor's Map and Tax Lot Numbers} of the property in the request, or directl abuttin the area
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to be vacated in the case of a Right-of-Way Vacation.
Map # 1 `~,~; o - 3 f - ~ Lot # ~~dMap #~ 7~~~ 31-1 ~ Lot # '~ X04 od ~ o
. Right-of way or easement location (please be specific}: ~~, ~, ~ f ,~
av ~'ro~r
~~ ~3QO ~~d ydo ~~r-~rn G+~ ak~~ ahd r" '~ ' ~d~ ~ rpri* p
0 G-r~o~ d
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Area of Request: ,__ 0 9 ~_„ ,.,,.,,~,,,,,,~,.,.,.,_~_ square feet GR acres. .
I tWe} the undersigned acknowledge that the information supplied in this a lication is com fete
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and accurate to the .best of my (our} knowledge.
t~WNER Phone: ~ 54i } 6~'u--.~GOl REPRESENTATPL~E Phone:
L~:.~a~~ ~b:i.L, P~ e~id~r~c Claudia P1a~a, vTice Preside~~t
Name: ~~~~ Iw~du~ t~ ies ~.i7.c . ~ Name: 5 tiz Street Public Markel.
Address.: P ~ ~ ~ v~r~ ~135~ ~ Address: Z9~ Last 5th Ave. NBU 11-15
Cityl Cityl
State: ~u~~~i~~~ ~~~ State: a~ ~f
Zip; ~ 7401
G ER SIGNATURE
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Continued on back-~
Zip: 97401
R PRESENTA SIGNATURE
APR 261996
BUIL6ING & PERMIT SERVICeS
CITY OF E~JGENE
4bie Industries Fifth Street Public Market
~AV 96-~~
Assessor's M ap ~ 7-03-31-11
Located in the block bounded by East 5th Avenue,
East 6th Avenue, High Street, and Pearl Street.
Vacate an alley, 14 feet wide to ~6 feet wide,
running from the north margin of East 6th Avenue
north 174 feet more or less to the north margin of
the east-west alley; and vacate an alley 14 feet
wide running from the east margin of Pearl Street
east 186 feet more or less to the east margin of
the north-south alley.
Retention: Retain a 14-font-wide public utility
easement over existing public facilities within the
north-south alley.
Applicants: Brian Obie, President
flbie Industries, lnc.
Claudia Plaza, Vice President
Fifth Street Public Market
EAST 5TH AVE.
2500 2600
J
400 2700 ~
2800: 3200
__..___
EAST 6TH AVE.
x 14600
4~
x
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4700
4ao
AREA OF REQUEST
5 ~ 00 * Properties owned by applicant, 5th Street Public Market
V~CIN~TY MAP
A~ie Vacations: Present Re uest 198o Vacation A royal and Sanit Sewers
EAST 5TH AVE.
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EAST 6TH AVE.
AREA OF REQUEST
AREA OF 1980 VACATION
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~~~ ~;. ~St.It 1~v~rlue #11.15 ~t~~Ct1C, ~R ~ ~ ~l ~5~1 ~ ~~~-~3~r3 ~
September s, 1996
RECEIVED
Eugene Gity Council Members
clo Mr. Kent Kullby
Planning ~ Development Department
Cit}r of Eugene
99 West 10th Avenue
Eugene, OR 97401
Dear Council Members
SEP g »~
~~~r. o~ p~~~t~~
Ct~Y ~F ~1~GENE
In the near future we plan to break ground on a remod8lgd South entrance into
the Market and w8 intend to follow #his improvement with construction of a new
building adjacent to the Market.
This is a re-submission for the assistance and cooperation of the Ci#y in
con~unctign with the development.
The immediate needs we have are as :follows:
o we request that the Gity Council approve the vacation of the NorthlSouth
and the Eastlwest alley right of way with the retention of a public uiility
aaser~ent far the e~cisting NorthlSouthstarm and sanitary sewer, This vacation
aril! allow the Market to make impravetnents to our parking area and #o the
South stairs entrance and surrounding area,
~ sewer line occupies the por#ion of the aliey going West, but it only serves the
properties awned by ~bie Indus#ries. 1~e request that the public sewer ae
converted tv a private sewer, to allow ~Qr any future construction over the alley
and to accommodate the remodeling ~f the southwest stairs.
a we also request that you eliminate ~ a right of way area located
approximately in the center of the b(oc~C to allow the remodel of the same South
stairs to accommodate and meet ~4Qa~ requirements.
we have attached a proposed site play for the development of the properties
surrounding the present Market which are owned by Fifth Street, Inc. Our plans
Zed ~6Z ' ~N ~zSS ~fl9 ~ trS ~ d I Q~W ~ I Q~ 6~ ~ ~' Z 96i90iE~~
eve Dave attached a proposed site plan for the development of the properties
surrounding the present Market which are awned by Fifth Street, Inc. Our plans
include first replacing and upgrading the Southwest entrance off our South
parking 1Qt into the Market.
Included in this upgrading will be nee paint and wall surfaces on the entire
l~larket buildings, lighting and landsdaping, resurfacing of the arkin lot and
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leveling and terracing v~r~th retaining ~ra~is for the area all aloe the South side
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of the Market, with the Market b~~ng at an entrance to the downtown' , we look
forward to completing this part of our project so the communit can be roud.
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Vve hope tQ also develop another building in the near future which ~ma be ~ ~ .
occupied by both retail and hotel and;would be connected to the existin ..,.Market .. ~.
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building b~ a crossbr~tlge. On the ground floor might be a leasin " laza~ area
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which would connect to the other Market entrances.
fur vacation request is similar to the ~ roved vacation at the alle r'
pp y ~ght of way
to the North and to the East of the existing alleys. At that time a ublic utili
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easement was retained ever the Nortl~~South sewerline, and the Eastlwest
sewerline was converted f rom a ub~ic sewer to a rivate surer.
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! belie~re these are the details you mi ~ht need to make the decision to fulfill our
9
requests. If you need anything further', please do not hesitate to contact me, I
will be available at the public hearingto answer any questions.
Sinc I
Claudia Plaza
Vice President
GP~~mI
Lea o6z~or~ ~~SS Z~9 ~~5 ~ dIQ~W ~IQO 66~L~ 96~9~i50
a~~fi [?. 5tlr ~1~~~~ii~c #11-~5 ~?t~,~;e~ie, t~)R J7~()1 (~5~-1} ~~3~-03~3~3
July 15,1996
Mr. Kent Kullby
City of Eugene
Planning & Development
99 west 10th Avenue, Suite 240
Eugene, ~R 97401
Dear Kent:
we are in receipt of your letter dated July 1D, 1996 in which you provided us
the City's proposed assessment f or the vacation of our alleyways. we were
surprised by the $58,x24 fee based on the extremely limited use of the
alleyways even after the vacation.
Therefore, we request that you remove our request for vacation from the July
22,1996 hearing. we feel we need to reassess with our architect all options for
best use of the property since we can't use this area to place a building on.
Instead we request that you place our request on the September 23,1996
meeting agenda, It is our understanding that this would mean we would
heed to pay an dsstssn~er~t by ~~ ,~g'ust ~.9,1gati.
Please let me know if you see any problems with the timing. Thank you for
your assistance in preparing what the City needs for these vacation approvals.
Sincerely,
Claudia Plaza
vice President
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RECEIL`ED
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