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HomeMy WebLinkAboutOrdinance No. 20495COUNCIL ORDINANCE NUMBER 20495 AN ORDINANCE VACATING A PORTION OF HIGH ALLEY, LOCATED BETWEEN EAST BROADWAY AND EAST BROADWAY ALLEY. ADOPTED: September 10, 2012 SIGNED: September 17, 2012 PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Zelenka EFFECTIVE: Notwithstanding the effective date of Ordinances as provided in the Eugene Charter of 2002, this Ordinance and the vacation described herein shall become effective on the date the applicant dedicates three feet of public utility easement abutting the 11 feet of PUE reserved within the right -of -way to be vacated. ORDINANCE NO. 20495 AN ORDINANCE VACATING A PORTION OF HIGH ALLEY, LOCATED BETWEEN EAST BROADWAY AND EAST BROADWAY ALLEY. The City Council of the City of Eugene finds that: A. The City Council of the City of Eugene held a public hearing at 7:30 p.m. on July 23, 2012, in Council Chambers, for the purpose of hearing protests and remonstrances to the proposed vacation of the following described right -of -way: The portion of High Alley located between East Broadway and East Broadway Alley, as more particularly described in Exhibit A and depicted on the map attached as Exhibit B to this Ordinance, reserving a public utility easement over the easterly 11 feet of that entire 14 feet of right -of -way otherwise vacated, including a reservation of the right to enter thereon for purposes of construction, reconstruction, maintenance and repair. B. Notice was duly and regularly given of the public hearing, and on July 23, 2012, the City Council held a public hearing and heard no objections to the proposed vacation. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1 . The City Council of the City of Eugene finds that notice of the hearing was published and posted as required by law, that the consent of the owner(s) of the abutting property has been filed in the proceedings, and that the vacation of the right -of -way is in the public interest, as described in the Findings attached as Exhibit C to this Ordinance. Section 2 . The right -of -way described and depicted on Exhibits A and B attached to this Ordinance is vacated subject to the easement described in Finding A, above, and shall revert pursuant to the statutes of the State of Oregon. Ordinance - Page 1 of 2 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. Section 4. Notwithstanding the effective date of Ordinances as provided in the Eugene Charter of 2002, this Ordinance and the vacation described herein shall become effective on the date the applicant dedicates three feet of public utility easement abutting the 11 feet of PUE reserved within the right -of -way to be vacated. Passed by the City Council this 10 day of September, 2012. '8 "o, J. -"' I - City Recorder Approved by the Mayor this /7 day of September, 2012. Mayor Ordinance - Page 2 of 2 Exhibit A LEGAL DESCRIPTION For: Vacation of 14.00' Public Alley Right -Of -Way A parcel of land lying in the Southeast Quarter of the Northeast Quarter of Section 31, Township 17 South, Range 3 West of the Willamette Meridian, in Eugene, Lane County, Oregon, said parcel being more particularly described as follows: Beginning at the Northwest corner of Lot 1, Block 2, MULLIGAN'S ADDITION EAST, as depicted on the PLAN OF EUGENE CITY, as platted and recorded in Volume _A, Page 122, Lane County Oregon Plat Records, said point also being on the South margin of East Broadway (9th Avenue East / Ninth Street); thence along the West lines of Lots 1 and 4, Block 2, said plat of MULLIGAN'S ADDITION EAST, South 0 °02'OT' East, 161.33 feet to the Southwest comer of said Lot 4; thence South 89 °50'52" West, 14.00 feet to the Southeast comer of Lot 3, Block 2, said plat of MULLIGAN'S ADDITION EAST; thence along the East lines of Lots 3 and 2, Block 2, said plat of MULLIGAN'S ADDITION EAST, North 0 0 02 1 07" West, 161.34 feet to the Northeast comer of said Lot 2, said point being on said South margin of East Broadway (9th Avenue East / Ninth Street); thence along said South margin North 89 °53'31" East, 14.00 feet to the Point of Beginning, in Eugene, Lane County, Oregon. The City of Eugene to retain an easement for public utilities over the Easterly 11.00 feet of the above described alley. Containing 2,259 square feet, more or less. REGISTERED PROFESSIONAL LAND SURV OREGON -JULY 11, 2000 MICHAEL R. DAHRENS 60052 RENEWAL DATE: !2 3 /-Zol3 A N SCALE- I' - 20' BRICK ANCE-:� p LOT 2 SYMBOL CAW Exhibit B ow vom v ASSESSOR'S MAP 17-03-31-14 1 4 7 x! e h9 L2 LNE Wl� :G 0 5 . as WK wo CATCH BASIN GRATE-423.37 WAL SFE LEW FL-421.40 S.L -samoky Lwr or PR OPOSED TT. 2000 @ WWW%= WAIDLE 0 SERA CLEVOW RIM — 422 -92 — BROADWAY MM — ELECTRIC WA4OIX AVOW PARXM ON9 lei, c� TV NOW RU-423.81 S. I I cefrm ' snwm 0 LXt (DOUBLE Yaww um) slow ula TELVIMW Lm SICAM L9K T Smo fol 79 RIM - 423.48 CATCH BASIN FL 1 0' IN NW - 417.92 GRATE -42325 FL 12' IN S - 41778 n_I?Z — OLff_X Ij IZ-68 DECIDUOUS TREE ComcRErr: 7 BRICK ANCE-:� p LOT 2 SYMBOL CAW 0wrow MAL 9= ow vom v Ill 1 4 7 x! e h9 L2 LNE Wl� :G 0 5 . as WK wo mm am (1toz mr) UNDWANOLM V&kT Tom"am mmm= X SFE LEW -BUILDING ENTRANCE Mo womm -samoky Lwr or PR OPOSED TT. 2000 @ WWW%= WAIDLE 0 SERA CLEVOW RIM — 422 -92 e SOUVE OQUARD O AVOW PARXM ON9 -, c� TV NOW • DS SIM DOWPISPOUr WAM ago UWL 0 LXt Vom Lug slow ula TELVIMW Lm SICAM L9K FEW OPFIC OMLE EQVW CU IM 0 - 222 1- BROADWAY b a TAX LOT 7800 z o n LOT 3 LINE DATA TABLE I NO. BEJiRING UEMGXH I Lt I N 89'53'31: E 1 14.00: I L2 S BT50'5Z W 14.00 :;A ON DOOR--- tu CRETE BROADWAY ALLEY — FIRE NOTE- SEE SHEET I FOR VaN?TY MAP CATCH BASIN EW GRATE- BUILDING ELEVATION NOTE-, 9 SEWER INFlItASTRUCTURE W GRATE AM FLOWUNE ELEVATIONS SHOWN HEREON ARE BASED ON CITY OF ELIGIENE DKIM (NGVD 1929). BENCHIPM USED WAS CITY OF EUGENE BENCHMARK NO. SE1048. A BUC3K SHOT IN CONCRETE WALK. W NORTH AND 30' Mr OF CENTERLINE INTERSECTION OF 107H AVENUE AND PEARL STREET. ELEVATION - 423.45 UTILITY Nam- UTILITY LOCATIONS SHOWN HEREON ARE BASED ON A COMBINATION OF FIELD SURVEY OF 0619VOWABLE ABOVE GROUND EVIDENCE. UTILITY COMPANY LOCATION MAPS, UTILITY 10CA71?!! PANT AND SM UWE DATA. P09WN OF 14' WIDE PUBLIC ALLEY RIGHT-CF-WAY PROPOSED TO BE VACATED (/IKEA 2.259 SQUARE FEET) PARKING LOT_ PAID PARKING 4 C*­ `PAINTED PARKING LINES LOT 4 TAX LOT 8400 PROPOSED iv PUBLIC UTILITY EASEMENT TO BE RESERVED OVER EASTERLY 11' OF ALLEY AT TIME OF VACATION - -NORTHERLY LUIT OF 6 PROPOSED VACATION -HIGH PRESSURE STEAM .6 (UNDERGROUND UNE) ASPHALT STEAM VAULT . LOT 1 14 � TAX LOT 8401 -BUILDING ENTRANCE ASPHALT P09WN OF 14' WIDE PUBLIC ALLEY RIGHT-CF-WAY PROPOSED TO BE VACATED (/IKEA 2.259 SQUARE FEET) PARKING LOT_ PAID PARKING 4 C*­ `PAINTED PARKING LINES LOT 4 TAX LOT 8400 PROPOSED iv PUBLIC UTILITY EASEMENT TO BE RESERVED OVER EASTERLY 11' OF ALLEY AT TIME OF VACATION PAINTED PARKING LINES UTILITY LOCATE PAW WARIUNG, RD PAL < !f ASPHALT PROPOSED PUBLIC ALLEY VACATION FOR: ELIME HanEL RETMENT CENTER 222 L BROADWAY, EUGENE. OR HIGH STREET AM BETWEEN BROADWAY STREET AND BROADWAY ALLEY EUGENE. LANE CMINTY, OREGON 5/15/12 SSW " NO. 12-6994 SHEET 2 OF 2 ENGINEERS swm=,Uwv3EmJ� 2350 Oakmont Way, Sullo 106 Ck 1 Eugene. Oregon 9TA101 (541) 48546383 FAX (541) 4&54384 www.sswengkmers.com REGISTERED PROFESSIONAL LAND SURVEYOR ASPHALT -PIPE FROM BULDING 14 � -BUILDING ENTRANCE OREGON -samoky Lwr or PR OPOSED TT. 2000 ,—WASTWATER N MICHAEL R. CVUIRENS RIM — 422 -92 60 a 7 IN 413.51 !; FL 14 W 13.75 RENEWAL 12-31-2013 FL 12' our N - 41325 PAINTED PARKING LINES UTILITY LOCATE PAW WARIUNG, RD PAL < !f ASPHALT PROPOSED PUBLIC ALLEY VACATION FOR: ELIME HanEL RETMENT CENTER 222 L BROADWAY, EUGENE. OR HIGH STREET AM BETWEEN BROADWAY STREET AND BROADWAY ALLEY EUGENE. LANE CMINTY, OREGON 5/15/12 SSW " NO. 12-6994 SHEET 2 OF 2 ENGINEERS swm=,Uwv3EmJ� 2350 Oakmont Way, Sullo 106 Ck 1 Eugene. Oregon 9TA101 (541) 48546383 FAX (541) 4&54384 www.sswengkmers.com Exhibit C: Findings Background: The Eugene Hotel Retirement Center (Applicant) requests the vacation of the segment of High Alley abutting the east boundary of the hotel building, between East Broadway and East Broadway Alley. The area of requests consists of 2,259 square feet of public right -of -way that is 14 feet in width and approximately 161 feet in length. The alley is currently open to vehicular, bicycle, and pedestrian use and contains public utilities. The vehicular use of this segment of the alley is primarily to provide access to and from the parking lot, abutting the alley to the east, which is also owned by the applicant. Pedestrians share the paved surface with vehicles, as sidewalks are not required as part of the City's design standards for alleys. The eastern portion of the hotel building, abutting the alley proposed for vacation, has been without a tenant since the City of Eugene vacated its engineering offices in 2008. The applicant has had difficulty marketing the space because of its limited street frontage and visibility abutting East Broadway, to the north. The applicant's requested alley vacation is to remove the vehicle use from the alley and create a pedestrian - friendly environment, with a defined sidewalk, and potential storefronts along the east side of the hotel building for future tenants. The applicant proposes to provide a public utility easement (PUE) over the easterly 11 feet of the existing 14 -foot wide alley. Referral comments from Public Works staff indicate that, given the depth of the underground public wastewater system, 14 feet of PUE is necessary to enable continued maintenance access. Given the alignment of the public wastewater system being partially located outside the existing right -of -way, on the applicant's parking lot to the east, Public Works staff prefers a three foot PUE adjacent to the east margin of the alley vacation request, to make up the 14 feet of PUE access necessary, rather than require a reservation of 14 feet over the entire existing alley. Further, the applicant requests private ownership of the westerly three feet of right -of -way to enable architectural articulation along the east wall of the existing building abutting the alley. The draft ordinance includes this recommended and proposed PUE reservation. The vacation request process provides 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. Requests for the vacation of public streets and alleys are considered in accordance with Eugene Code (EC) 9.8700- 9.8725 and Oregon Revised Statutes (ORS) 271.080- 271.230. These requests are also subject to procedural requirements at EC 9.7445- 9.7455. Compliance with Approval Criteria: The sole approval criterion at EC 9.8725 requires the City Council to find that approval of the requested right -of -way vacation is in the public interest. The full text of the approval criterion is Exhibit C: Findings provided below, with findings demonstrating compliance: 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. The required public notice and hearing have occurred on the vacation request in accordance with applicable statutory and local code requirements. Consent for the vacation request from abutting and affected owners, and payment of a special assessment for the area of vacated right -of -way, are required by statutes and local code. The vacation request was referred to affected City Departments and public utility service providers; referral responses indicate that the public interest is maintaining the function of existing underground utilities in the alley. The applicant's plan (Exhibit B) shows the location of the alley to be vacated, relative to existing utilities, and delineates the proposed reservation of an 11 -foot wide public utility easement (PUE) over the easterly portion of the 14 -foot wide alley. City maintenance staff recommends a 14 -foot PUE for access to underground infrastructure. Rather than reserve the entire 14 feet of right -of -way as PUE, City maintenance staff prefers the additional three feet be provided by the applicant from their adjacent lands to the east, which is developed as a surface parking lot, to cover the existing public wastewater system in that location (outside the existing right -of -way). Further, the applicant wishes private ownership of the westerly three feet of the existing right - of -way, directly abutting the existing building, in order to construct building facade articulation for the creation of future store fronts. The ordinance includes the reservation of the proposed 11 -foot PUE. The applicant will be required to submit the three -foot PUE abutting the east boundary of the requested alley vacation. Other utility providers have confirmed that the applicant's proposed 11 -foot PUE reservation meets their needs. Comcast staff verifies that cable lines are located under the segment of alley proposed for vacation. The Eugene Water and Electric Board (EWER) staff confirms that there are no electric or water services in the subject alley and that neither utility is needed in this location to serve properties in the area. EWEB notes, however, that there is an existing steam line under the alley, but that the system is currently no active; EWEB confirms that the infrastructure may stay in place, as proposed by the applicant. The intent of the applicant's requested vacation is to remove the current vehicle use from the alley and create a pedestrian - friendly environment, with a defined sidewalk, and potential storefronts along the east side of the hotel building for future tenants. The eastern portion of the hotel building, abutting the alley proposed for vacation, has been without a tenant since the City of Eugene vacated its engineering offices in 2008. The applicant has had difficulty marketing the space because of its limited street frontage and visibility abutting East Broadway, Exhibit C: Findings to the north. Under existing conditions, pedestrians share the paved alley with vehicles, since the City's design standards do not include sidewalks on alleys. Vehicle usage of the alley is predominantly to access the adjacent parking lot to the east, which is also owned by the applicant. The segment of High Alley south of the area of request (i.e. between East Broadway Alley and East lo Avenue) will continue to be open to vehicular use, which is essential to the Greyhound Bus operations located to the southwest. Greyhound and City staffs have discussed the applicant's request to confirm that the vacation of High Alley north of East Broadway Alley will not interrupt the bus operations. Further, the owner of the property occupied by Greyhound, GLI Realty Company, has signed a letter of concurrence to the applicant's request. Conclusion: The applicant's requested alley vacation is in the public interest, based on the above facts and the terms of the ordinance, to provide an enhanced pedestrian environment in the downtown core and to enable the existing vacant portion of the building to be fully utilized for commercial use. Exhibit C: Findings