HomeMy WebLinkAboutResolution No. 5041- COUNCIL RESOLUTION NO. 5041
A RESOLUTION CONCURRING WITH LANE COUNTY'S
FINDINGS REGARDING VACATION OF PORTIONS OF
COUNTY ROADS WITHIN THE LANE COUNTY
FAIRGROUNDS.
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: September 12, 2011
RESOLUTION NO, 5041
A RESOLUTION CONCURRING WITH LANE COUNTY'S FINDINGS
REGARDING VACATION OF PORTIONS OF COUNTY ROADS
WITHIN THE LANE COUNTY FAIRGROUNDS.
The City Council of the City of Eugene finds that:
A. Lane County Board of Commissioners' Final Order 11- 8 -17 =9 ( "the Order ")
ordered the vacation of portions of Fairgounds Entrance Road (County Road 2253) and
Fairgrounds West Entrance Road (County Road 2267) as more particularly described in the
Order. Attached to this Resolution as Exhibit A is a copy of the Order. In support of the Order,
the County adopted Findings of Fact, attached as Exhibit B to the Order.
B. After receiving notice of the proposed vacation, and prior to the County's
adoption of the Order, the City of Eugene raised several concerns with the proposed vacation, all
of which have been resolved to the City's satisfaction.
C. ORS 368.361(3) provides that a county body may vacate property that is under
the jurisdiction of the county and that is entirely within the limits of a city if the city concurs
with the findings of the county.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, .a
Municipal Corporation of the State of Oregon, as follows:
Section 1 . Based upon the above findings, which are incorporated herein by reference,
the City Council concurs with the findings of Lane County as specified in Lane County Board of
Commissioners' Final Order 11- 5 -17 -9.
Section 2 . A copy of this Resolution shall be provided to the Lane County Surveyor's
Office.
Section 3 . This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the 12 day of September, 2011.
Deput Cit Rec"r er
Resolution - Page 1 of 1
Exhibit A - Page 1
IN THE BOARD OF COUNTY COMMISSIONERS OF LANE' COUNTY
STATE OF OREGON
IN THE MATTER OF THE VACATION OF PORTIONS OF )
FAIRGROUNDS ENTRANCE ROAD (CO. RD. 2253) AND )
FAIRGROUNDS WEST ENTRANCE ROAD (CO. RD. 2267), )
LOCATED IN THE NORTHWEST ONE QUARTER OF THE )
'SOUTHWEST ONE QUARTER (NWI/4SWI/4) AND - • . )
SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE )
QUARTER (SW1/4SWI/4) OF SECTION 31, TOWNSHIP 17 )
SOUTH RANGE 3 WEST AND THE NORTHEAST ONE )
QUARTER OF THE SOUTHEAST ONE QUARTER )
(NE1114SE1114).DF SECTION 36, TOWNSHIP 17 SOUTH, )
RANGE 4 WEST OF THE WILLAMETTE IN LANE )
COUNTY, OREGON, WITH A PUBLIC HEARING AND
ADOPTING FINDINGS OF FACT (17-03-31=32,17-03-31-33 &
17' -04- 36-41) )
FINAL ORDER NO.
1 1 _8 -1 7--.g
WHEREAS, by approving Resolution and Order Number 11- 7 -12 -3, the Board of County
Commissioners set August 17, 2011 to conduct a public hearing on the matter of vacating
portions of Fairgrounds. Entrance Road (Co. Rd. 2253) and Fairgrounds West Entrance Road
(Co. Rd. 2267) before the Board of Commissioners .of Lane County, Oregon; and
'WHEREAS, all necessary procedures for the vacation of the portions of Fairgrounds
Entrance Road (Co. Rd. 2253) and Fairgrounds West Entrance Road (Co. Rd.. 2267) herein
described, having been initiated by resolution, have been complied with, pursuant to ORS
Chapter 368; and
WHEREAS, the Lane County Surveyor has examined the portions of Fairgrounds
Entrance Road (Co. Rd: 2253 ) and Fairgrounds West Entrance- Road (Co. Rd. 2267) herein
described; and
WHEREAS, notification of these proceedings has been provided by posting, mail, and
legal publication by the County Surveyor in accordance with ORS 366.401 to 368.426, as
evidenced by the. Affidavit of Posting, Publication, and Mailing labeled as Exhibit 4 C '", attached
hereto and made a part hereof by this Order; and
WHEREAS, the portion of Fairgrounds Entrance Road proposed for vacation was
established , as County Road. 2253 in 1997 by Board of Commissioners order No. 97- 8 -27 -3,
consisting of a loop of variable width providing two points of entry to the Fairgrounds from West
3"' Avenue, the easterly of the two being at'Jefferson Street. The portion of Fairgrounds
Vacation, Final Order Amended - Page 1 of 4 _
Portions of Fairgrounds Entrance Roads ((;o. Rds. 2253 2267) (17-03-31-32,17-03-31-33 & 1 7-04 - 36-41)
H:' Survey \AGENDAIVACATIOMFairgrounds Roads 201 'I-or amended-doe Orr)
Exhibit A - Page 2
Entrance Road (Co. Rd. 2253) proposed for vacation consists of a "stub" approximately 0.04
miles in length at the southerly end of the loop; and
WHEREAS, the portion of Fairgrounds West Entrance Road proposed for vacation was
established as County Road 2267 in 2004 by- Board of Commissioners Order No. 04-4- 28-12,
consisting of two •separate Ro rtions, having variable width providing various points of entry to the
Fairgrounds from West 13' Avenue. The portion of Fairgrounds West Entry Road (Co. Rd.
226 7) proposed for vacation is the entire road as established in said Order No. 04- 4 -2$-i 2
being approkimately 0.35 miles in length ; -and
WHEREAS, the proposed vacation is requested in order to facilitate more strategic gate
locations and to more effectively address traffic and pedestrian flow, security and safety issues
within the Fairgrounds property; and
WHEREAS, the portions of Fairgrounds Entrance Road and Fairgrounds West Entrance
Road proposed for vacation are within the city limits of the City of Eugene; and
WHEREAS, in accordance with ORS 368.361 (3), concurrence by the City of Eugene 'is
necessary to. validate the vacation, and upon approval of this vacation the City of Eugene wily be
asked to provide the .Surveyors Office a copy of a concurring City ordinance; and
WHEREAS, the Surveyor's Office notified the City of Eugene, Qwest Communications,
EWEB, Northwest Natural Gas, various other .agencies including Transportation Planning and
Lane County Planning sec#ions of the Lane County Department of Public Works, and nearby
property owners regarding the vacation; and
WHEREAS, Northwest Natural Gas responded requesting an' easement be retained for
their benefit, and an easement will be retained in the Final Order to facilitate this request; and.
WHEREAS. Eugene Water and Electric Board responded requesting an easement be
retained for their benefit, and an easement will be retained in the Final Order to facilitate this
request; and
WHEREAS, the Eugene Fire Department initially - responded with concerns regarding
access -in emergency situations. After further discussion describing the portions of roads to be
vacated, the portions of roads that-will-still remain open and acknowledgement that the past
practice of cutting locks if necessary in emergency situations will continue, the Fire Department
indicated no objection Ao the vacation; and
WHEREAS, the City of Eugene responded stating general support for the vacation, with
the condition that certain concerns are addressed. The City requests that access to existing
storm and waste water lines be retained for maintenance, operations and' emergencies, and
notes that gating and closure of the site should - be coordinated with the City's Public Works
Maintenance to assure the City may access these facilities, An easement is retained in this
Final Order t6 facilitate this request; and
WHEREAS, the City also expressed concern about the continuity of the MonroelFdendly
bicyclelpedest serving the South Bank Trail, Fern Ridge Path and Southwest
Eugene, including the bikelpedestrian bridge over the Amazon Canal. Lane County
Management Services Facilities Administration assures that already. existing and used alternate
Vacation, Final Order Amended - Page 2 of 4
Portions of Fairgrounds Entrance Roads (Co. Rd s. 2253 $ 2267) (17- 03- 31 -32, 17-03 -31 -33 & 17-04 - 36-41)
HAS urvgy %A(aENDAWACATIOMFairgrounds Roads -or amended. dooOrr)
Exhibit A - Page 3
bicycle /pedestrian routes through the Fairgrounds will remain unaffected by this vacation or the
accompanying proposed gating of the vacated portions of road; and
WHEREAS, the other agencies and landowners either had no objection to the vacation
or' did not respond to the referral; and
WHEREAS, the portions of Fairgrounds Entrance Road and Fairgrounds West Entrance
Road to be vacated are not needed as part of the Lane County Transportation System; and
WHEREAS, Lane Manual 15.305 requires that vacations, other than those by petition,
shall be referred to the Roads Advisory Committee for consideration and recommendations, and
this vacation was considered and approved by the Roads Advisory Committee on June 22, 2011;
and
WHEREAS, since this vacation was initiated within Lane County government by resolution
rather than by a .petitioning entity, and since only County owned property is, affected, consideration
for Assessment of Special Benefit'pursuant to Lane Manual 64.853 is inapplicable; and
WHEREAS, a public hearing was conducted on this date, as ordered, regard -ing the
proposed vacation of the portions of Fairgrounds Entrance Road and Fairgrounds West
Entrance Road herein described; and
' 3
WHEREAS, the Director of the Department of Public Works has- provided a written
report in support of the proposed vacation, as required by ORS 368.346, rnarked as Exhibit OX,
attached hereto and made a part hereof, by this order, and
WHEREAS, the Board is of the opinion that approving the vacation as described in this
Final Order is in the best interest of the public; now, therefore, it is hereby
ORDERED, that in accordance with ORS Chapter 358, the portions of Fairgrounds
Entrance Road (Co. Rd. 2253) and Fairgrounds Vilest Entrance: Road (Co. Rd. 2267) more
particularly described as follows:
All that portion of Fairgrounds Entrande Road (Co. Rd. 2253) from Station L
8 +80.00 POD to Station L 11 +93.30 PT as established by Lane County Board
of Commissioners Order of Establishment No. 97- 8-27 -3 filed September 2,
1997 in Commissioners Joumal 159, Pages 1153- 11.70, and as shown on that
survey filed - in the Lane County Surveyors Office on August 4, 1997 as County
Surrey File No. 34513- 34515, located in the Southwest One Quarter of the
Southwest One Quarter (SWI/4 SW I/4) of Section 31, Township 17 South,
Range 3 West of the Willamette Meridian, Lane County, Oregon; and
ALSO, all that portion of Fairgrounds West Entrance Road (Co. Rd. , 2267) lying
south of the southerly right of way line of West 1 e Avenue, the same being all
of Fairgrounds West. Entrance Road in its entirety as established by Lane
County Board of Commissioners Order of Establishment No. 04- 4 -28 -12 filed
May 3, X004 in Commissioners Journal 192, Pages 397 -406, and as shown on
that surrey filed in the Lane County Surveyor's Office on December 14, 2001
as County Survey File No. 37295, EXCEPTING that 55 feet wide portion of the
above described Co. Rd. 2267 lying south of the southerly right of way line of
Vacation, Final Order Amended - Page .3 of 4
Portions of Fairgrounds Entrance Roads (Co. Rds. 2253 & 2267) (1 & 17 -04- 36-41)
H: 1SurveylAGENQA1vACATIONIFairgrounds Roads 201 1 -or amended.doc (irr)
Exhibit A - Page 4
West 13' Avenue between, stations L'25+55.00 POT and L 28 +45.00 POT,
located in the Northwest One Quarter of the Southwest One Quarter (NW1/4
SW 1 !4} of Section 31, Township 17 South, Range 3 `Nest and the Northeast
One Quarter of the Southeast One Quarter (NE1/4 SE114), of Section 36,
Township 17 South, Range 4 West of the Willamette Meridian, Lane County,
Oregon,
are. hereby VACATED, and it''is
ORDERED, that an easement is hereby retained for any -and all existing public utilities to
preserve, maintain, repair, replace, remove -or rdinstall any public utility that may now exist
within the bounds of the portions of Fairgrounds Entrance Road and Fairgrounds West
Entrance Road herein described by these proceedings as vacated; and it is further
ORDERED, that in support of this action, the Board hereby adopts the Findings of Fact,
marked as Exhibit "B", attached hereto and made a part hereof by this Order; and it is further
ORDERED, that pursuant to ORS. 368.361' (3), a certified copy of this order be sent to
the City. of Eugene for their concurrence in th matter, and if .concurrence by City resolution or.
order is not received within 120 days after the approval of this Order, this matter shall be
returned to the Board of Commissioners for further direction; and it is further
, ORDERED, that this Order be entered into the Lane County Board of Commissioners
Journal of Administration, and be further recorded in the Lane County, Oregon Deed Records.
DATED this 17th day of _ August , 2011.
Chair
LANE COUNTY BOARD OF COMMISSIONERS
Attachment: Site Map
APPROVED AS TO FORM
Date y'� , L ne County
OFFICE OF LEGAL COUNS L
Vacation, Final Order Amended - Page 4 of 4
Portions of Fairgrounds Entrance Roads (Co. Rds. 2253 & 2267) (17 -03-31 -32, 17- 03 -31 -33 & 17-04 - 36-41)
H;l Survey lAGENDAWACATI0Wairgrounds Roads 2011 -or amended,dcc Orr)
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Exhibit A - Page 6
ORIGINAL.
E,xffBIT "A"
IN THE BOARD OF COUNTY COMMISSIONERS OF LANE COUNTY
STATE OF OREGON
IN THE MATTER OF THE VACATION OF PORTIONS OF )
FAIRGROUNDS ENTRANCE ROAD (CO. R0.2253) AND
FAIRGROUNDS WEST ENTRANCE .ROAD (CO. RD. 2267), J
LOCATED IN THE NORTHWEST ONE QUARTER OF THE
SOUTHWEST ONE QUARTER (NWI/4SWI/4) AND SOUTHWEST
ONE QUARTER OF THE SOUTHWEST ONE QUARTER
(SW1/4SWI/4) OF SECTION 31, TOWNSHIP 17 SOUTH, RANGE
3 WEST AND THE NORTHEAST ONE QUARTER OF THE )
SOUTHEAST ONE QUARTER (NE1/4SE1/4) OF SECTION 36,
TOWNSHIP 17 SOUTH, RANGE 4 WEST OF THE WILLAMETTE )
MERIDIAN, IN LANE COUNTY, OREGON, WITH APUBLIC—
HEARING AND ADOPTING FINDINGS OF FACT
(17- 03.31- 32,17- 03 -37 -33 817 -04. 36-41)
FINAL DIRECTOR'S
REPORT
The Surveyor's Office of the Department of Public Works has received a request by Lane County
Management Services Facilities Administration to initiate proceedings for the vacation of portions of
Fairgrounds Entrance Road (Co. Rd. 2263) and Fairgrounds vilest Entrance Road (Co. Rd. , 2267).
The purpose of.this vacation is :to facilitate more strategic locations and to more effectively
address traffic and pedestrian flow, security and safety issues within - the Fairgrounds property:
On July 12, 201 Resolution and Order Number 11- 7 -12 -3 was passed by the Board of
Commissioners which set a public hearing date of August 17, 2011 to,consider this vacation.
The portion of Fairgrounds Entrance Read proposed for vacation was established as County Road
2253 in. 1997 by Board of Commissioners Order No. 97- 8 - 27 -3, consisting of a loop of variable width
providing two points of entry to the Fairgrounds from West 13' Avenue, the easterly of the two being at
Jefferson Street. - rhe . portion of Fairgrounds Entrance Road proposed for vacation consists of a "stub"
approximately 0.04 miles in, length at the southerly end of the loop.
The portion of Fairgrounds West `Entrance Road proposed for vacation was established as County
Road 22671n 2004 by Board of Commissioners order No. 04 4 28 - 12, consisting of two separate
portions having variable width providing various poirifs of entry to the Fairgrounds from West 13t
Avenue. The portion of Fairgrounds West Entry Road proposed for vacation is the entire road as
established in said Order No. 04-428 -12, being approximately Q:35 miles in length.
The, portions of these roads proposed for vacation are within the .city limits of the City of Eugene. In
accordance with ORS 368.361(3). concurrence by the City of Eugene is necessary to valida .the
vacation. if the vacation is approved, the City of Eugene will be asked to provide the Surveyor's Office
a copy of a concurring City ordinance
The Surveyor's Office notified the tity of Eugene, Qwest Communications, EWER Northwest Natural
Gas, various other agencies including Transportation Planning and lane County Planning sections of
the Lane County Department of, Public Works, and nearby property owners regarding the vacation.
Northwest Natural Gas responded requesting an easement be retained for their benefit. An easement
will 'be retained in the Final Order to facilitate this request.
Vacation, Final Director's Report - Page 1 of 3
Portions of Fairgrounds Entrance Roads (Co. Rds. 2253 & 2267) (17 -03- 31 -32, 17- 03 -31 -33 & 17- 04- 36 -41)
H: �surveylACENDAIVACATIOWairgrounds Roads 2011 -dr fnal.doc Orr)
Exhibit A - Page 7
ORIGINAL
EXIM "'A"
Eugene Water and Electric Board responded requesting an easement be retained for their benefit. An
easement will be retained in the Final Order to facilitate this request.
The Eugene Fire department initially responded with concerns regarding access in emergency
situations. After further discussion describing the portions of roads to be vacated, the portions of roads
that will still remain open , and acknowledgement that the past practice of cutting locks if necessary in
emergency situations will continue, the Fire. Department indicated no objection to the vacation.
The City of Eugene responded stating general support for the vacation, with the condition that certain
concerns are. addressed. The City requests-that access, to existing storm and waste water lines be
retained for maintenance, operations and emergencies, and notes that gating and closure of the site
should be coordinated with the City's Public Works Maintenance to assure the City may access these
facilities. An easement will be retained in the Final Order to facilitate this request.
The City also expressed concern about the continuity of the Monroe /Friendly bicycle /pedestrian
connector serving the South- Sank Trail, Fern Ridge Path and Southwest Eugene, including the
bike/Pedestrian bridge over the Amazon Canal. Lane County Management Services Facilities
Administration assures that already existing - and used alternate bicycle/pedestrian routes through the
Fairgrounds will remain unaffected by. this vacation or the accompanying proposed gating of the
vacated portions of road.
The other agencies and landowners either had -no object to the vacation- or'did not respond to the
referral.
�rhe portions of road proposed for vacation are entirely within the Lane County Fairgrounds property. If
the vacation is approved, the vacated portions will revert to county owned land. The physical roads will
still exist for purposes as previously used, with greater restrictions during non -event times. An
easement will. be retained in the Final Order for any and, all existing public utilities. The vacation will be
in the public interest, as it will allow Management Services Facilities Maintenance to more effectively -
address traffic and pedestrian flow, security and safety issues within the Fairgrounds property.
Vacation of the "stub" portion of Fairgrounds Entrance Road .south of the Convention Center allow
for the relocation of a vehicular gate which, in its current location not only creates multiple vehicular
safety issues, but also does not contribute in a positive manner to the traffic. flow Into the fairgrounds
property. It will also improve management's ability to prov a more secure area for users and guests,
Vacation of the portion of Fairgrounds (Nest Entry Road located immediately in front of the
administrative offices fronting 13`" Avenue will provide more flexibility in obtaining a safe ingress and
egress system, especially during fair times.
Vacation of the portion of Fairgrounds West Entry Road immediately behind the area previously
occupied by the Extension Service building will afford Lane Events Center /Lane County Fair (LECILCF)
management increased ability to provide safer pedestrian traffic during the Lane County Fair and more
general flexibility in "encapsulating" the entire area for security purposes.
Lane Manual 15.305 requires that vacations, other than those by petition, shall be referred to the Roads
Advisory Committee for consideration and recommendations. This vacation was .considered and
approved by the Roads. Advisory Committee -on June 22, 2011.
Vacation, Final Directors Report - Page 2 of 3
Portions of Fairgrounds Entrance Roads (Co. Rds. 2253 & 2257) (17- 03- 31 =32, 17- 43 -31 -33 & 17- 04- 36 -41)
H:1 Survey \AGENDA\VACATiONIFairgrounds Roads 2011 -dr final.doc Orr)
Exhibit A - Page 8
ORIGINAL
EX11IBIT "A"
Since this vacation was initiated within Lane-County government by resolution rather than by petitioning
entity, and since only County owned property is affected, consideration for Assessment d Special Benefit
pursuant -to Lane Manual 80.853 is inapplicable. Absent Board direction to th contrary, this assessment
would not be made ay one County entity against another within the county.
Notification of these proceedings .has been provided by posting, mall and legal publication by the
County SUrviayor in accordance with OILS 388.401 to 388.428.
It is therefore recommended that the portions of Fairgrounds Entrance Road (Co. Rd. 2253) and
Fairgrounds West Entrance Road (Co. Rd. 2287), as described in -the Final Order, be vacated. It is
further recommended that an easement for existing public utilities be retained in the Final Order.
DATED this day of �G u S•� , 2011.
Public Wor Director
Department of Public Works
Vacation, Final Directors Report - Page 3 of 3
Portions of Fairgrounds Entrance Roads (Co. Rds. 2253 & 2267) (17- 03- 31 =32 17- 03 -31 -33 & 17-04. 36-41)
N:1 Survey \AGENDA\VACATIONIFairgrounds Roads 2D11 -dr fnal.doc Orr)
Exhibit A - Page 9
ORIGINAL
EXHIBIT "B"
IN THE BOARD OF COUNTY COMMISSIONERS OF LANE COUNTY
STATE OF OREGON
IN THE MATTER OF THE VACATION OF PORTIONS OF
FAIRGROUNDS ENTRANCE ROAD (CO. RD. 2253) AND
FAIRGROUNDS WEST ENTRANCE ROAD (CO. RD. 2267),
LOCATED IN THE NORTHWEST ONE QUARTER OF THE
SOUTHWEST ONE QUARTER (NW1/4SW1/4) AND
SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE
QUARTER (SW1/4SWI/4) OF SECTION 31, TOWNSHIP 17
SOUTH, RANGE 3 WEST AND THE NORTHEAST ONE
QUARTER OF THE SOUTHEAST ONE QUARTER
(NE11/4SE11/4) OF SECTION 36, TOWNSHIP 1 T SOUTH,
RANGE 4 WEST OF THE WILLAMETTE MERIDIAN, IN LANE
COUNTY, OREGON, WITH A PUBLIC HEARING AND
ADOPTING FINDINGS OF FACT (17-03-31-32,17-03-31-33 &
17- 44 -36-41)
FINDINGS OF FACT
The Surveyor's Office of the Department of Public Works has received a request by Lane
County Management Services Facilities Administration to initiate proceedings for the vacation of
portions of Fairgrounds Entrance Road (Co. Rd. 2253) and Fairgrounds Nest Entrance Road
(Po.. Rd. 2257). The portions of these roads proposed for vacation are located entirely within
the Lane County Fairgrounds property. The purpose of this vacation is to facilitate more
strategic gate locations and to more effectively address traffic and pedestrian flow, security and
safety issues within the Fairgrounds property and in so doing will be in the public interest.
Findings of Fact (Public Interest)
The Board takes notice and finds:
1. That, pursuant to ORS 355.325 to 355.355, a county governing body may vacate roads or
easements based upon the determination. that the vacation is "in the public interest."
2., - That, pursuant to ORS 1,97.175' (2) (d), after .acknowledgment. of a county's
comprehensive plan and implementing ordinances, the. plan and ordinances, not the
Statewide Planning Goals, control land use decisions.
3 That, Lane County's Rural Comprehensive Plan and implementing ordinances were
originally acknowledged to be in compliance with the Statewide Planning Goals on
September 13, 1984, and reacknowledged on February 14, 1992.
4. That, neither the Lane County comprehensive Plan, nor any land use regulation within the
Lane Code, establish mandatory standards for the vacation of public easements.
Conclusion of Law (Public Interest)
Based. upon the above .findings of fact, the Board concludes, as a matter of law, that
neither the Statewide Planning Goals nor the Lane County Rural comprehensive Plan and
Vacation,- Findings of Fact - Page 1 of 3
Portions of Fairgrounds Entrance Roads (Co. Rds. 2253 & 2267) (17 -03- 31 -32 17 -03 -31 -33 & 17-04 -3641)
HA SurvaMGENDAWACATIGN1Falrg round s Roads 2411- fi.doc {err)
Exhibit A - Page 16
CRIGNAL
related land use regulations are an , applicable measure of the "public interest ", as it pefta i to this vacation.
Findings of Fact (impacts and Process of Vacation)
The Board takes notice and finds ,as follows:
That, the property the proposed vacation is identified as tax lots 9999, 10000,
10100 and 10200 of Assessor's Map 17- 04- 36 -41; and tax lot 9900 of Assessor's Map
1703- 31 -32. All of these abutting parcels are owned by Lane County.
2: That, pursuant to CRS 368.326'to 368.366, a county goveming body may vacate roads or
easements based upon the determination that the vacation is "in the public interest.
3. That, the Surveyor's Office notified the City of Eugene, QWest Communications, EWEB,
Northwest Natural Gas, various other agencies including Transportation Planning and
Lane County Planning sections of -the Lane County Department of Public Works, and
nearby property owners regarding the vacation. Northwest Natural Gas, Eugene Water
and Electric Board, the City of Eugene Fire Department and the City,of Eugene Public
Forks Engineering section responded with specific concerns that are described and
addressed in the Final Order. The other agencies and landowners either had no objection
to the vacation or did not respond to the referral.
4. That, the portions of these roads proposed W vacation are within the city limits of the City
of' Eugene, and in accordance with CRS .368.361(3), concurrence by the. City of Eugene is
necessary to validate. the vacation. If the vacation is approved, the City of Eugene will be
asked to provide the Surveyors Office a copy of a concurring City ordinance.
5. That, Lane Manual 16.306 requires that vacations, other than those by petition, shall be
referred to the Roads Advisory Committee for consideration and recommendations, and this
vacation was considered and approved by the Roads. Advisory Committee on ,tune 22,
2011.
6. Since this vacation was initiated within Lane County government by resolution rather than by
a petitioning entity, and since only County owned property is affected, consideration :for
Assessment of Special Benefit pursuant to Lane Manual 60.853 is inapplicable. Absent
Board direction to the contrary, this assessment would not be made by one County entity
against another within the County.
7. That, the County Surveyor has provided legal notice for the public hearing by service,
posting, and publication, as required by ORS 368.401 to 368.426.
8. That, pursuant to the provisions of CRS . Chapter 368, a county governing body may make
a determination about a vacation of property with a public hearing if:
(1) The county road official files a written report containing a description of the property
proposed for vacation and stating that the vacation is in the public interest.
Vacation, Findings of Fact - Page 2 of 3
Portions of Fairgrounds Entrance Roads (Co. Rds. 2253 & `2267) (17- 43- 31 -32, IT-.03-31-33 & 17-04 -3641)
H:\ Sunny ,1AGENDA\VACATION\Faitgrounds Roads 20114.doc {err)
Exhibit A - Page 11
ORIGINAL
(2) The governing body shall establish a time and place for a hearing to consider the
proposed vacation and shall give. notice of said hearing under ORS 368.401 to
368.426.
Items (1) and (2) have been complied with.
Conclusions of Law (Impacts and Process of Vacation)
Based on the above findings of fact, the Board concludes, as , a matter of law, that this vacation
will not have any predictable negative impact on present or future land use, either in terms of
allowable uses or actual development. The Board further concludes that statutory procedures
necessary for making a determination on this vacation, with a public hearing, have been met.
Vacation, Findings of Fact - Page 3 of 3
Portions of Fairgrounds Entrance Roads (Co. Rds. 2253 $ 2267) (17-03-31-32 & 17-04-3641)
H:1 Survey lAGENaA\VAGATIDN\Fairgmunds Roads 2011 fi.doc Urry
Exhibit A - Page 12
IEXHEBIT "C"
IN THE BOARD OF COUNTY COMMISSIONERS OF LANE COUNTY
STAVE OF OREGON
IN THE MATTER OF THE VACATION OF PORTIONS OF
FAIRGROUNDS ENTRANCE ROAD (CO. RD. 2253) AND
b FAIRGROUNDS WEST ENTRANCE ROAD , (CO. RD. 2267), LOCATED
IN THE - NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE
QUARTER (NW114SWI/4) AND SOUTHWEST ONE QUARTER OF THE
SOUTHWEST ONE QUARTER- (SWI14SW114) OF SECTION 31,
TOWNSHIP I 7 , SouTH, RANGE 3 WEST AND THE NORTHEAST ONE
QUARTER OF THE SOUTHEAST ONE (N E'I14SE'114) OF
SECTION X TOWNSHIP 17 SOUTH, RANGE 4 WEST OF - rHE
WILLAMETTE MERIDIAN, IN LANE COUNTY, OREGON, WITH A
PUBLIC HEARING AND ADOPTING FINDINGS OF FACT (174-03 - 31-32,
17x03 -31 -33 & 17 -04 -3641)
I Mike Jackson, Lane County Surveyor, certify as follows:
ORIGINAL
AFFIDAVIT OF
POSTING,
PUBLICATION
AND MAILING
That on the 25th day of July, 2011 1 caused to be posted five (5) copies of the Notice of Hearing in the
above entitled, matter in five places, positioned to be visible to the traveling public, as follows:
1. Posted on a chain link fence gate of the most westerly entrance to Fairgrounds Vilest Entrance
Road, on the south side of the entrance road, approximately 100 feet westerly from the
junction of a southerly extension of Van Buren Street with West 13" Avenue.
2. Posted on a chain link fence at the southwesterly cornea of the junction of the most westerly
leg of Fairgrounds West Entrance Road with the middle - access of Fairgrounds West, Entrance
Road off Vilest 13' Avenue, approximately 200 feet easterly from the junction of a southerly
extension of Ilan Buren Street with Vest lZ Avenue.
3. Posted on achain link fence gate at the- southerly end of the most easterly "exit only"' access
off West 13 h Avenue of Fairgrounds West Entrance Road, approximately 300 feet south of
Vilest 1 Avenue.
4. Posted on a light pole , at the southwest corner of the intersection of Vilest 13' Avenue with the
most easterly exit oitly" access off West 13 Avenue of Fairgrounds West Entrance Road.
5. Posted on a chain link fence on the north side of -the '`stub portion of Fairgrounds Entrance
Road proposed for vacation, .approximately 50 feet westerly of the bike/pedestrian/vehicle
bridge across the Amazon Canal, near the southeasterly corner of the main exhibition building.
[Signature -and notary block on next page]
Vacation--- AfFdavit of Posting; Publication and Mailing, Page 1 of 2
Portions of Fai� rounds Entran Roads (Co. ids. 2253 & 2257) (17- 03- 31- 32,17- 03 -31 -33 & 17 -04- 35-41)
HASurveM 0AkVACATIOIyT* grounds Roads 2011- aff.dac Orr)
Exhibit A - Page 13
ORIGINAL
EXHIBIT ; ;C"
The undersigned further certifies that on July 27, 2011 and. August 10 1 2011 notice is scheduled to run
in the Register Guard. Also, that- on July 15 " , 2011 notice was sent to nearby owners and to various other
private entities and public agencies having an interest in these vacation proceedings by- General Mail.
Mike Jgc
Lane County Surveyor
State of Oregon )
County of Lane )
....0
Subscribed,and sworn to before me this 1!5 day f jt0* e , 2011 b
Y y
Mike Jackson.
Vacation -- Affidavit of Posting, Publication and Mailing, Page 2 of 2
Portions of Fairgrounds Entrance Roads (Co. Rds. 2253 & 2257) (17- 03- 31 -32, 1 7- 03 -3 -33 & 17- 04 -36 -41 �
H: ISurvey \AGENDA\VACATIOMFairgrounds Roads 2011- atf:doc Orr)