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HomeMy WebLinkAboutOrdinance No. 20116ORDINANCE NO. '~~.,~ An Ordinance vacating the following described street right-of way to wit: The 1300 block of Columbia Street, east of Agate Street, west of Villard Street, south of East 13~` Avenue, Tax Lots 1500, 2700, 2500, 2900, 3000, 3100, 3300, Assessor's Map 17-03-32-41, more particularly described in Exhibit A attached hereto. ~tJniversity of Oregon, SV 98-2}. Reserving herein a public utility easement and drainagelaccess easement as more particularly set forth in Exhibit A attached hereto. On the 23`d day of February,199S, the City Council of the City of Eugene by Motion duly passed, called a public hearing to be held at 7:30 p.m., Pacif c Time on the 6#~ day of Apri1,1995, 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 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 properly abutting the street to be vacated have consented to the vacation and applied for the same. THE CITY OF EUGENE DUES URDAYN AS FULLU~VS: 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 finds and establishes a zero dollar assessment far the street being vacated based on: ~a} Columbia 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} Columbia 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} Under state law, the street being vacated will revert to the abutting property owners, the University of Oregon and Williams Bakery. Williams Bakery has entered into an agreement with the University of Oregon wherein it has agreed to convey its interest in the vacated street to the University of Oregon, without any charge, except that the University of Oregon will pay any assessment imposed by the City for Williams Bakery's portion of the vacated street, ~d} The vacation of Columbia Street is consistent with the FairmountltJniversity 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 Columbia Street the public will continue to have access to the area. fie} The University of Oregon has given many public benefits to the citizens of Eugene often without compensation. Specif tally, the University of Oregon provided 4 eight-plex, multi-family housing structures Amazon Housing} in 1996 and six single-family 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. ~f} The vacation of Columbia Street, the transfer of its interest to the University of Oregon by Williams Bakery, the transfer of property to the City as noted in fie} above, and the public benefits provided by the University to all residents of the City are unique circumstances. The action to vacate Columbia 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 for future right-of way vacation requests. ORDINANCE - ~ Section 3. The hearing was held on the 6~' 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 streetright-of way is hereby vacated, subj ect to the retained public utility and drainage access easements, 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 of this ordinance 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 Approved by the Mayor this Ada of A ri1,1998. ~.... Y p `"'~ City Recorder ORDINANCE - 3 day of April, 1998. EXHIBIT A Coiumbia,StreetVacatlon SV 98-21 ~~ ~.~ Columbia Street narth of East 15t" Avenue and south of East 13t" Avenue, east of Block 4 and west of Block 5 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 easements: A public utility easement beginning at the northeast corner of Lot 1, Block 4, Plat of Fairmount, City of Eugene, Lane County, Oregon, platted and recorded in Book 2, Page 12, Lane County Oregon Plat Records, thence east 15.0 feet along the south right-of way of 13t" Avenue to the True Point of Beginning; thence east 14.0 feet along the southright-of way of 13th Avenue; thence south 400.0 feet parallel to the centerline of Columbia Street; thence west 14.0 feet parallel to the southright-of way of 13th Avenue; thence north 400.0 feet parallel to the centerline of Columbia Street to the True Point of Beginning. A drainagelaccess easement beginning at the northeast corner of Lot 1, Block 4, Plat of Fairmount, City of Eugene, Lane County, Oregon, platted and recorded in Book 2, Page 12, Lane County Oregon Plat Records, thence east 23.0 feet along the south right-of way of 13t" Avenue to the True Point of Beginning; thence east 34.0 feet along the south right-of way of 13t"Avenue East; thence south 3 0.0 feet parallel to the centerline of Columbia Street; thence west 34.0 feet parallel to the south right-of way of 13th Avenue; thence north 30.0 feet parallel to the centerline of Columbia Street to the True Point of Beginning. Exhibit A