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HomeMy WebLinkAboutOrdinance No. 20354 .... =mGm 'Ii" COUNCIL ORDINANCE NUMBER 20354 COUNCIL BILL NUMBER 4911 AN ORDINANCE VACATING A PORTION OF THE ALLEY RIGHT-OF WAY LOCATED BETWEEN 10TH AVENUE AND BROADWAY, PARALLEL TO OLIVE AND CHARNEL TON STREETS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET DATE. ADOPTED: November 28, 2005 PASSED: 8:0 REJECTED: OPPOSED: ABSENT: EFFECTIVE: after December 30, 2005 upon closure of sale to ORI. ORDINANCE NO. 20354 AN ORDINANCE VACATING A PORTION OF THE ALLEY RIGHT-OF WAY LOCATED BETWEEN 10TH AVENUE AND BROADWAY, PARALLEL TO OLIVE AND CHARNEL TON STREETS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET DATE. The City Council of the City of Eugene finds that: A. On July 28,2004, the Urban Renewal Agency of the City of Eugene, with the consent of the abutting property owners, applied for the vacation of the south half of the following described alley right-of-way: The north/south alley between 10th A venue and Broadway, parallel to Olive and Chamelton Streets, Tax Lots 5100, 5200, 5300, and 6600, Assessor's Map 17-03-31-13, more particularly described in Exhibit A attached hereto. B. The Urban Renewal Agency of the City of Eugene ("the Agency") intends to sell the property described in the attached Exhibit B which abuts the alley right-of-way to be vacated. Sale is currently pending to Oregon Research Institute ("ORl"). ORl supports the proposed vacation. C. On the 10th day of October, 2005, the City Council of the City of Eugene passed a motion calling a public hearing to be held at 7:30 p.m., Pacific Time on the 14th day of November, 2005, at the Council Chambers at City Hall, Eugene, Oregon, for the purpose of hearing protests and remonstrances to the proposed vacation. D. On November 8, 2005, the Eugene Planning Commission held a public hearing and thereafter recommended that the City Council approve the proposed vacation. E. On November 14,2005, the City Council held a public hearing. Ordinance - Page 1 THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Eugene finds that notice of the hearing was published and posted as required by law, that the consents of the owners of the abutting property have been filed in the proceedings, and that the vacation of the alley right-of-way is in the public interest. Section 2. The Council approves the City Manager's determination that there shall be no assessment of special benefit for the reversion of the alley right-of-way. Section 3. The above-described alley right-of-way is vacated and shall revert pursuant to the statutes of the State of Oregon. Section 4. Notwithstanding the provisions of the Eugene Charter of 2002 as to the effective date of ordinances, this Ordinance shall become effective when both of the following have occurred: (a) 30 days have passed since adoption of this ordinance and its approval by the Mayor; and (b) the pending sale to ORl has closed. Section 5. In the event that the ordinance takes effect under Section 4, the City Recorder is directed 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 a certified copy of this Ordinance shall be filed with the Lane County Assessor and another certified copy shall be filed with the Lane County Surveyor. Section 6. In the event that the ordinance does not take effect under the provisions of Section 4 of this Ordinance by midnight on December 31, 2006, this Ordinance shall be automatically repealed. Ordinance - Page 2 Passed by the City Council this Approved by the Mayor this .3l1.- day of November, 2005. 28th day of November, 2005. JVU~if~ Ci Recorder ~~~) Ordinance - Page 3 EXHIBIT A Vacation of Portion of Allev Right-of-Way Between 1 Oth Avenue and Broadway Beginning at the intersection of the east margin of Chamelton Street with the north margin of 10th Avenue; thence along said north margin in an easterly direction 160 feet to a point marking the intersection of said north margin with the west margin of a north-south alley, running from 1 Oth Avenue to the north, between Chamelton Street and Olive Street; said point being the true point of beginning; thence along said west margin in a northerly direction 160 feet to a point marking the intersection of said west margin with the south margin of an east-west alley between Chamelton Street and Olive Street; thence along said south margin in an easterly direction 14 feet to a point marking the intersection of said south margin with the east margin of north-south alley, running from 10th Avenue to the north, between Chamelton Street and Olive Street; thence along said east margin in a southerly direction 160' to a point marking the intersection of said east margin with the north margin of 10th Avenue; thence along said north margin in a westerly direction 14' to the true point of beginning. Containing 2240 square feet more or less. Exhibit A Exhi bit B PROPERTY DESCRIPTION Lots 6 and '7, Block 4 of MULl,lGAN I SADDITION ON THE WEST I as platted and recorded in Book A, Pag(~ 122, L,ane County Oregon Deed Records, in Lane Count.y, Oregouj ALSO: Fractional Lot. 4, Block 1, MULLIGAN'S DONA1'ION and F'ractional Lot. 8, Block 4, MULLIGAN'S ADDITION ON THE WES'r, as platted and recorded in Book Ai Page 122, l,ane County Oregon Deed Records, in Lane County I Oregon.