HomeMy WebLinkAboutOrd. 20728COUNCIL ORDINANCE NO. 20728
AN ORDINANCE VACATING A PORTION OF LEO HARRIS PARKWAY.
ADOPTED: September 22, 2025
SIGNED: September 23, 2025
PASSED: 6:1
REJECTED:
OPPOSED: Clark
ABSENT: Evans
EFFECTIVE: October 24, 2025
•
ORDINANCE NO. 20728
AN ORDINANCE VACATING A PORTION OF LEO HARRIS PARKWAY.
The City Council of the City of Eugene finds that:
A. The City Council of the City of Eugene approved an agenda that set a public
hearing to be held at 7 :30 p.m. on September 15 , 2025, in Council Chambers, for the purpose of
hearing protests and remonstrances to the proposed vacation of the following described right-of-
way :
The right-of-way identified as a portion of Leo Harris Parkway located south of
Martin Luther King Jr. Boulevard which is more particularly described in Exhibit A
and depicted on Exhibit B attached to this Ordinance.
B. Notice was duly and regularly given of the public hearing, and on Septembe r 15,
2025 , the City Council held a public hearing and heard all objections to the proposed vacation .
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Eugene finds that notice of the public hearing
on the proposed vacation was published and posted as required by law, that consents required
by EC 9.8710(6) and ORS 271 .080(2) and any needed statements of concurrence from affected
utility providers have been filed in the proceedings , and that vacation of the right-of-way
described in Exhibit A and depicted on Exhibit B attached to this Ordinance is in the public
interest , as described in the Findings attached as Exhibit C to this Ord inance and hereby
adopted in support of this Ordinance .
Section 2 . The right-of-way described and depicted on Exhibits A and B attached to this
Ordinance is hereby vacated and shall revert pursuant to the statutes of the State of Oregon .
Section 3 . 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
22 nd day of September, 2025
Ordinance -Page 1 of 1
Approved by the Mayor this
2--~ day of September, 2025.
Mayor
EXHIBIT A
Legal Description
Leo Harris Pkwy Vacation
Located in the Southeast Quarter of Section 29, Township 17 South, Range 3 West, W.M. in Eugene,
Lane County, Oregon, being a portion of a variable width strip of land known as Leo Harris Parkway,
originally established by a Resolution of the Lane County Commissioners as stated in Reel 94, Page 352
and later adopted by the Eugene City Council per Resolution No. 4661, further referenced by Engineer's
Centerline "L3" as shown on County Survey File 31225; that portion being vacated is located and
described as lying between the south margin of Martin Luther King Jr. Blvd and Engineer's Centerline
Station "L3 20+74.77".
EXCEPT: Those portions of land described in that certain DECLARATION OF RIGHT-OF-WAY recorded as
Instrument No. 2025-015529, Lane County Deeds and Records.
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EXHIBIT B
LOCATION MAP ®anch
E-N G I N E E R I N G -~
LEO HARRIS PARKWAY VACATION
MAY. 7, 2024
Si nc e 1977
31 0 5th Street
Springfield , OR 97477
p: 541.746.0637
www . Br an ch Engineering.com
SCALE: 1 "=300'
L LJ STA : 00+00 P.0.8 .
7._ __ -----------------------------
MLK JR. BLVD L3 STA : 0+ 70 . 05 PC
L=343.47
RAD=409.26
--,1=48'05'11"
~~ CH=S25'05'04"E,
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333.49
L3 STA:4+ 13.52 PT PORTION TO BE VACATED
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RELOCATED HERE ------
Legend
L=183.50
RAD=477.46
'1=22 '01'13"
CH=S60 '08'16"E, 182.37
W:,: Existing ROW excluded from vacation area
Land within vacation but outside of street
150
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L3 STA : 12+97.11 PC
L3 STA:20+74.77
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300
PROJECT No. 21 -19 7
Exhibit C
FINDINGS IN SUPPORT OF VACATING A PORTION OF LEO HARRIS PARKWAY
APPLICATION OVERVIEW
Name (File Number):
Applicant:
Subject Property:
Zoning:
Location:
BACKGROUND
Leo Harris parkway UO (VRI 25-02}
University of Oregon
Former Segment of Right-of-Way for Leo Harris Parkway
Abutting properties zoned PL Public Land and R-1 Low-Density
Residential, with /WR Water Resources Conservation Overlay
1.72 acres of improved right-of-way, located south of Martin
Luther King Jr. Boulevard and east of Autzen Stadium
The University of Oregon (the applicant} filed a request for vacation of a segment of improved
public right-of-way that was formerly part of the right-of-way for Leo Harris Parkway. Leo Harris
Parkway has been realigned and constructed to the southwest of the area to be vacated. The
University completed the construction of a realignment of this segment of Leo Harris Parkway
in June 2025, which is now available for public use, and the City has recorded the new
alignment as the current right-of-way for Leo Harris Parkway. The segment of right-of-way
proposed for vacation is no longer part of the right-of-way for Leo Harris Parkway and it has no
independent use.
The area proposed to be vacated is a total of 1.72 acres or 75,279 square feet of public right-of-
way. The area of vacation is the portion of Leo Harris Parkway just south of its intersection with
Martin Luther King Jr. Boulevard and extending from the point where the newly constructed
right-of-way centerline diverges from the existing right-of-way centerline and extends until the
centerlines reconverge approximately 1,100 feet to the southeast. The Applicant and the City
own all properties abutting the right-of-way to be vacated. Abutting properties are zoned either
PL Public Land or R-1 Low-Density Residential, with the /WR Water Resources Conservation
overlay.
FINDINGS
The vacation process serves as a means to evaluate the need for public ways as land develops
and uses change over time, and to address the manner in which the City may dispense with
public ways. Public ways are defined by the Eugene Code as follows: "Any street, road, alley,
right-of-way, pedestrian or bicycle easement or accessway, or utility easement for public use
that is controlled by the city, county, or state."
Findings --Page 1 of 3
VRI 25-2
Exhibit C
This request for vacation is being considered in accordance with Sections 9.8700 -9.8725 of the
Eugene Code (EC) and Oregon Revised Statutes (ORS) 271.080 -271.230, and processed
pursuant to EC 9.7445 -9.7455. EC 9.8710(3) requires that any vacation of an improved right-
of-way be considered and decided upon by the City Council in accordance with the procedures
in EC 9.7445 through 9.7455. The public hearing is being conducted consistent with quasi-
judicial procedures in State law and as set forth in EC 9.7065 -9.7095.
The University has constructed the realigned portion of Leo Harris Parkway and bore all costs
associated with the realignment, including design, permitting, construction, and related City
staff costs. The new alignment has been recorded as the City right-of-way for Leo Harris
Parkway, such that the vacation of the former right-of-way does not result in any loss of
improvement costs or value to the City of Eugene. The vacated area will be included in a land
swap agreement between the City and the University that takes into account the value of the
vacated area. Therefore, EC 9.8710(5) does not require that the University pay a special
assessment for the vacation.
In accordance with ORS 271.080, the applicant has provided evidence of consent to the
vacation from the owners of at least two-thirds of the property within the affected area.
ORS 271.080 defines the affected as the land lying on either side of the vacated area to the next
lateral street or 200 feet, and 400 feet beyond each terminus of the right-of-way to be vacated.
The applicant and the City own 98.8% of the real property affected and the City has signed the
required consent form. The applicant has demonstrated it exceeds the requirements of ORS
271.080 and EC 9.8710.
The City of Eugene Public Works Department has reviewed this vacation application, as well as
the surrounding facilities and infrastructure affected by the request. All franchise utilities have
been relocated to the new location and are operational, therefore letters of concurrence are
not necessary.
Compliance with Approval Criterion
Per EC 9.8725, the sole approval criterion applicable to vacation of improved public right-of-
way requires City Council to find that approval of the requested vacation is in the public
interest. The full text of the approval criterion is provided below, followed by findings
demonstrating compliance:
EC 9.8725: Approval Criteria for the Vacation of Improved Public Right-of-Way, Public
Ways Acquired with Public Funds, and Undeveloped Subdivision and Partition Plats. The
city council shall approve, or approve with conditions and reservations of easements, the
vacation of improved public right-of-way, public ways acquired with public funds, or
undeveloped subdivision and partition plats, or portions thereof, including public right-of-
way and improved public easements located therein, only if the council finds that
approval of the vacation is in the public interest.
Findings --Page 2 of 3
VRI 25-2
Exhibit C
On January 23, 2023, the City Council approved the terms of a land swap agreement between
the City and University to acquire approximately 4 acres of property owned by the City as part
of its Alton Baker Park, and for the City to acquire approximately 8 acres of riverfront real
property that is owned by the University. The University needed additional land between Leo
Harris Parkway and Martin Luther King Jr. Boulevard to construct two new outdoor football
practice fields as replacements for the outdoor practice fields displaced by a new indoor
practice facility on the University's Autzen Stadium Complex land. This required the
realignment of Leo Harris Parkway, making the subject segment of former Leo Harris Parkway a
right-of-way remnant without independent use.
On January 23, 2023, the City Council voted to approve an Outline of Terms that was provided
with the AIS for the Council meeting on that date. The approved Outline of Terms included a
requirement that the University construct and be responsible for all costs associated with Leo
Harris Parkway realignment. As relevant to this application to vacate the old alignment, the
approved Outline of Terms stated:
"[T]he University will apply for, and the City Council will hold a hearing on, the vacation of the
City's interest in the portion of the existing Leo Harris right-of-way that is replaced by the newly
constructed/ realigned roadway. The City Council's approval of these Terms will serve as
evidence that the vacation associated with the Road Work is in the public interest as defined in
the City's road vacation approval criteria at EC 9.8725."
The University completed the re-construction and re-alignment of this portion of Leo Harris
Parkway in June 2025, which is now available for public use and provides the same level of
access as was served by the previous alignment. The agreement executed by the University and
City demonstrates that the vacation of a portion of Leo Harris Parkway and land transfer to the
University furthers the interests of both public agencies and is therefore in the public interest.
The above findings demonstrate that vacation of the subject portion of Leo Harris Parkway is in
the public interest. This determination is based on the conclusion that the vacation of the
improved right-of-way will provide an opportunity for the efficient use of land and will not
negatively impact the City's transportation system, surrounding uses, or emergency access.
Conclusion
Based on the above facts and the terms of the Ordinance, the applicant's requested vacation of
a portion of Leo Harris parkway public right-of-way is in the public interest.
Findings --Page 3 of 3
VRI 25-2