HomeMy WebLinkAboutOrdinance No. 20115ORDINANCE NO. ,~
An ordinance vacating the following described street right-of way to wit:
The 1400 block of Moss Street, east of Agate Street, west of Villard
Street, north of East 15th Avenue Tax Lots 7700, 7800, 7900, 8000,
8100, Assessor's Map 17-03-33-32; and Tax Lot 1500, Assessor's
Map 17-03-32-41, more particularly described in Exhibit A attached
hereto. University of Uregon, SV 9$-1},
Reserving herein a public utility easement as more particularly set
forth in Exhibit A attached hereto.
~n the 23~d day of February,199S, the City Council of the City of Eugene b Motion dul
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passed, called a public hearing to be held at 7:30 p.m., Pacific Time on the 6th day of ApriI,1998,
at the Council Chambers at City fall, Eugene, aregon, at which time and place protests and
remonstrances could be heard as to the proposed vacation of the above-described streetright-of way.
Notice was duly and regularly given of the hearing and at said time and place the Council
heard all objections to the proposed vacation and assessment.
All persons owning property abutting the street to be vacated have consented to the vacation
and applied for the same.
THE CITY GF EUGENE DUES URDAIN AS FULLUwS:
Section 1. The City Council of the City of Eugene finds that due and regular notice of the
hearing was published and posted as bylaw required, and no valid objections to the vacation 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 right-of way.
ORDINANCE -1
Section 2. The Council further Ends and establishes a zero dollar assessment for the street
being vacated based on:
~a} Moss Street consists of partial blocks, is a dead-end street with no street
connections to other streets. The street does not serve a transportation function of providing
traffic circulation through the neighborhood as it does not, and cannot connect with other
streets.
fib} Moss Street is a liability to the City in that it incurs costs for maintenance, and
will continue to do so as long as the City owns the street.
~c} The vacation of Moss Street is consistent with the FairmountlUniversity of
Oregon Special Study, and it is in the public interest that the City facilitate the location of
parking areas within the University of Oregon campus where such facilities will not intrude
into the Fairmount Neighborhood. The University of Oregon is a public institution that
provides public access to its grounds and facilities. With the vacation of Moss Street the
public will continue to have access to the area.
~d} The University of Oregon has given many public benefits to the citizens of
Eugene often without compensation. Specifically, the University of Oregon provided 4
eight-plea, multi-family housing structures (Amazon Housing} in 1996 and six single-fancily
housing structures in 1997 to the City's Affordable Housing Landbank Program to facilitate
the provision oflow-income housing. As other surplus housing structures become available,
the University of Oregon will continue the practice of offering such housing structures to the
City,
fie} The vacation of Moss Street, the transfer of property to the City as noted in
(d} above, and the public benefits provided by the University to all residents of the City are
unique circumstances. The action to vacate Moss Street and the determination of a zero
dollar assessment by the City Council is based on these unique circumstances and is not
intended to, and does not set a precedent far future right-of way vacation requests.
Section 3. The hearing was held on the 6t" day of April, 1998, at 7:30 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 4, The herein above-described street right-of way is hereby vacated, subject to the
retained public utility easement, and the street right-of way so vacated shall revert pursuant to the
statutes of the State of Oregon.
Section 5. 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
ORDINANCE - 2
of this Ordinance shall be filed with the Lane County Assessor and another certifed copy shall be
filed with the Lane County Surveyor.
Passed by the City Council this Approved by the Mayor this
Ada of A ril 1995.
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City Recorder
ORDINANCE 4 3
'~da of A ril 1995.
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Ex.~IBIT A
Moss Street V. ,,,.,,,, ,ASV ~S-1)
. „ acation., ~~.~~,.-..~
Moss Street north of East 15~' Avenue and south of East 13~` Avenue, east of Block 5 and west of
Block 6 of the Amended Plat of Fairmount as platted and recorded in Book 2, Page 12, Lane County
Deeds and Records, Lane County, Oregon.
RESERVING herein the following described public utility easement:
Beginning at the southeast corner of Lot 11, Block 5, Plat of Fairmount, City of Eugene, Lane
County, Oregon, as platted and recorded in Book 2, Page 12, Lane County Oregon Plat Records,
thence east 15.o feet along the north right-of way of 15t" Avenue to the True Point of Beginning;
thence north 333.50 feet parallel to the center line Moss Street; thence east 14,o feet parallel to the
northright-of way of 15~' Avenue; thence south 333.50 feet parallel to the center line of Moss Street;
thence west 14.0 feet along the north right-ofWway of 15~' Avenue to the True Point of Beginning.
Exhibit A