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HomeMy WebLinkAboutOrdinance No. 20141ORDINANCE NO. AN ORDINANCE VACATING THE PURTIUN ~F 'WEST FOURTH AVENUE LOCATED 'WEST ~F FILMORE STREET, A. Un the 14~` day of September,1998, the City Council of the City of Eugene by Motion duly passed, called a public hearing to beheld at 7:30 p.m., Pacific Time on the 12~` day of October, 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 following described street right-of way: The portion of West Fourth Avenue, located west of Filmore Street and east of Chambers Street, Tax Lots 8700,13000, Assessor's Map 1704-25-43, as more particularly described in Exhibit A attached hereto. ~A&K Development SV 98-004}. B. 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 determined that the record for the public hearing remain open until October 2,1998. C. All persons owning property abutting the street to be vacated have consented to the vacation and applied for the same. Based on testimony at the public hearing and conferences between City staff and the applicant, it appears in the public interest to implement a set of traffic improvements in the vicinity of the area being vacated, including, tra~c calming improvements, guard rails, bollards and additional signs. City staff, a majority of the affected neighbors, and the applicant have agreed on those traffic improvements, which staff have indicated will be processed pursuant to Chapter 5 of the Eugene Code, 1971. D, The City has assessed a total of $37,400 for both the vacation of the above-described street and the vacation of the public right-of way for West Third Place ~A&K Development SV 98- ORDINANCE -1 003}, which is the amount that is just and equitable as an assessment of the special benefit conferred. THE CITY OF EUGENE DUES URDAIN AS FULLU~VS: Section 1. Based on the above findings, which are hereby adopted, the City Council of the City of Eugene finds that due and regular notice of the hearing was published and pasted as by law required, all obj ections raised at the hearing have been addressed, and the consent of the owners of the abutting property have been duly and regularly Bled in the proceedings. The public interest will not be prejudiced by the vacation of the street right-of way. Section 2. All matters necessary to be done have now been duly and regularly completed and the Council is ready to act upon the proposed vacation, Section 3. The herein above-described street right-of way is hereby vacated, and the street right-of way so vacated shall revert pursuant to the statutes of the State of Oregon. Section 4, The City Recorder is hereby directed to file a certified copy of this Ordinance with the Recorder of Lane County, Oregon, together with a map or plat of said praper~y, and a certified copy ofthis 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 q~ day of December, 1998. ~, ~ ~i City Recorder Approved by the Mayor this ~_ day of December, 1998. Mayor aRDINANCE - 2 DESCRIPTION OF R[GHT-OF-WAY VACATION WEST FOURTH AVENUE TI~IAT PORTION OF FOURTI-I AVENUE ORIGINALLY PLA"rTED AND FORMERLY KNOWN AS FOURTH STREET} AS PLATTED AND RECORDED IN CRONER'S SECOND ADDITION To EUGENE, OREGON AT BOOK 4, PAGE ~3 OP THE LANE COUNTY OREGON PLAT RECORDS LYING WESTERLY OF TI-IE WEST RIGHT-OF-WAY LINE 4~ I:ILMORE STREET AS PLATTED `I'I-IEREON AND EASTERLY' OF THE RIGHT-GF-V~AY OF CHAMFERS CONNECTOR AS DESCRIBED IN TIDE DEED FROM STAR V~QOD IyRODUCTS, ET AL TO LANE COUNTY RECORDED AUGUST X7,1987 AT REEL 1473 R, RECEPTION NUMBER 57379a I, LANE COUNTY orrICIAL RECORDS. REGISTERED PROFESSIONAL LAND SURVEYOR J ~~.1--~~: ~- OREGON JULY 20. 1993 DAVID L. BROWN 2609 • EXPIRES OEC. 3(. 1999 ~~ ti' s~~ . -.. .:, .. :j '. Project No. 9G- ~ Z$ ~'. :~ ~ ~ ~ ne 12,199$ ~ ~ 247 VICINITY MAP r~ ~ T.L. ~ r ~~ ~~ ~ ti~ ~~. RIGHT-OF-iPAY VAGdTlON FOR A & K DEVE~~P.11fENT S.ff. 1/4, S.I:. 1/4, SEC. 25, T.17S., R.4~f., 1P.M. EUGENE, LANE COUNTY, OREGON JUNE 11, 1998 SCALFs 1 "=150' r~ ' 1.~ r~ ~ ~~,(~S~` ~ TL %W TL KQ1 r TL / ~ - i1 t900 TL FOG f~ - ~.( TL 1590 TLS' ~ i 1 I i TL tl 1 I I I I I ~ ~ /any ~ ~ ~ TL ~ F ~'T'.' I I I I 1 I I I l I I I I I I I [ I I ! r ~...' r~. r~."`~u~. so ~ ~ ri 57