HomeMy WebLinkAboutItem 3: Ordinance Vacating Portion of West 4th AlleyEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Public Hearing: Ordinance Vacating the Portion of West 4 Alley Located
between 4 and 5 Avenues and Lincoln and Charnelton Streets (VRI 12 -3)
Meeting Date: January 22, 2012
Department: Planning and Development
www.eugene- or.gov
Agenda Item Number: 3
Staff Contact: Steve Ochs
Contact Telephone Number: 541/682 -5453
ISSUE STATEMENT
The City Council will hold a public hearing on an alley vacation request submitted by CB Simons on
behalf of Simons Properties and CSA Oregon LLC. The property affected by this proposed action is
the east /west right -of -way of West 4 1 h Alley between Lincoln Street and Charnelton Street. A map
is included as Attachment A which shows the proposed street right -of -way to be vacated. This
item is scheduled for a public hearing only; action is currently scheduled for Feb. 11, 2012.
BACKGROUND
As noted above, and shown on the attached map, the applicant is requesting the City of Eugene to
vacate the West 4 Alley right -of -way from Charnelton Street to Lincoln Street while retaining a
public utility easement over the alley. The area of the request is 4,669 square feet. The applicant
is requesting the vacation to enhance safety on the property, improve access and create a better
business environment on the property.
This alley is situated adjacent to the jail and the applicant and businesses on this block have
experienced trespass, aggressive panhandling, theft, vandalism and unsanitary situations from
non - tenant pedestrian traffic due to the close proximity to the jail. It is staff's understanding that
this alley is commonly used by inmates upon their release. By controlling the alley and monitoring
its use, the property owner will be able to reduce these problems. Control of the entire
development site (the entire block between Lincoln and Charnelton streets, and West 4 and West
5 avenues), will allow the applicant to provide a safer and overall more attractive and vibrant
business environment on the property.
Public Works and Fire staff confirm that adequate public rights -of -way exist to satisfy all access
and traffic circulation needs in the vicinity. As the attached map indicates, the alley essentially
dead -ends at the jail. As such, it provides minimal benefit for east -west bike and pedestrian travel,
as well as access for nearby properties. The primary east -west route is on West 5 Avenue, which
will be unaffected by this vacation request.
Public Works staff, and other affected City Departments and utility providers, confirm the
presence of utilities in the alley and note that the provision of necessary public services can be
maintained with the retention of a public utility easement over the alley, as proposed by the
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applicant. The easement will be conveyed prior to or concurrent with the recording of the alley
vacation. Retention of a public utility easement will result in the alley being retained, albeit under
private ownership. While this alley will not be required to remain open as a public alley, adjacent
uses are all owned by the applicant and will continue to use the alley for deliveries and emergency
access.
Public Hearing Notice
In accordance with EC 9.7440 and ORS 271.110, notice of public hearing for the requested street
vacation has been provided in the following manner:
• On December 20, 2012, notice was mailed to property owners within a 100 -foot radius of
the alley, interested parties and the Downtown Neighbors, and the officially recognized
neighborhood group;
• On January 8, 2013, the property was posted in the immediate vicinity of the requested
street vacation;
• And, on January 8, 2013, and January 15, 2013, legal notice was published in The Register -
Guard newspaper.
Any written testimony received in response to public notice will be forwarded to the City Council
for consideration.
Consent of Abutting and Affected Property Owners
In accordance with ORS 271.080, the applicant has provided evidence of consent to the street
vacation from all abutting property owners and from property owners of at least two- thirds of the
property within the affected area. The applicant owns all of the properties abutting the alley
right -of -way. Application materials submitted with the alley vacation include consent forms
signed by Carlton B. Simons for all abutting properties. The application materials also include
consent forms signed by Sid Leiken on behalf of the Lane County Board of Commissioners (for the
Lane County Jail property) and additional surrounding property owners for more than two - thirds
of the affected (required consent) area. The affected area per ORS is an area that is 200 feet on
either side of the street and 400 feet beyond each end of the right -of -way to be vacated. Included
in the application materials is a map showing the affected area and identifying properties with
signed consent forms for the street vacation request.
Applicable Criteria
The vacation request process serves as a means to evaluate the need for public -ways as land
develops and uses change over time. Requests for vacation of public streets are 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. The public hearing is
subject to quasi - judicial procedures in State law and as set forth in EC 9.7065 through EC 9.7095.
The Eugene City Council will address the relevant approval criteria from EC 9.8725 in making a
decision on the proposed street vacation, as listed below:
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.
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Additionally ORS 271.120 is relevant as listed below:
271.120 Hearing, determination. At the time fixed by the governing body for hearing the
petition and any objections filed thereto or at any postponement or continuance of such matter,
the governing body shall hear the petition and objections and shall determine whether the
consent of the owners of the requisite area has been obtained, whether notice has been duly given
and whether the public interest will be prejudiced by the vacation of such plat or street or parts
thereof. If such matters are determined in favor of the petition the governing body shall by
ordinance make such determination a matter of record and vacate such plat or street; otherwise
it shall deny the petition. The governing body may, upon hearing, grant the petition in part and
deny it in part, and make such reservations, or either, as appear to be for the public interest.
As noted above, consent of the required area has been obtained and public notice has been given
in accordance with statutory and local code requirements. Basic provision of necessary public
services and utilities in the area can be maintained upon approval of the vacation requests. While
attached findings indicate that the vacation, with the reservation of a public utility easement, can
be accommodated at this fundamental level, it remains within the council's purview to identify
what additional requirements, if any, must be made to find that the request supports the public
interest in order for the City to release ownership of the rights -of -way.
Complete findings in regards to the approval criteria are included in Exhibit C to the Ordinance
(Attachment B). A complete copy of the application along with other documents and information
related to the vacation request including a written statement, site plans and consent forms, are
also contained in a binder that has been placed in the Council Office for reference.
Determination of Assessment
Pursuant to EC 9.8710(4), the applicant is required to pay a deposit equal to the assessment of
special benefit resulting from the vacation and the disposition of the property to the benefited
property owners. The assessed value of special benefit is to be determined by the City Manager.
In this instance, the value of the real property for the alley right -of -way was determined to be
$36,450 as detailed in the attached Notice of Assessment of Benefits Memorandum (Attachment
C). The applicant has deposited that sum with the City in advance of the public hearing, as
required. If the application is approved, the deposit shall be retained by the City, or if the
applications are denied the money shall be returned.
RELATED CITY POLICIES
Approval criteria for vacation requests (the full text is included above) are located at EC
9.8725, and corresponding statutory provisions at ORS 271.120, which require the council
to find that approval of the vacation request is in the public interest.
Findings supporting this requrest are included in Exhibit C to the Ordinance (Attachment C).
COUNCIL OPTIONS
These items are scheduled for public hearing only, however, council action is required within 30
days of the close of the record following the public hearing to:
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1. Approve the vacation requests by ordinance;
2. Modify and approve the vacation requests by ordinance; or,
3. Deny the vacation requests by ordinance.
This action is currently scheduled for February 11, 2013.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends that the City Council hold and close the public hearing on the
vacation request, and take action within 30 days of close of record in order to comply with
statutory and local code requirements. Following the City's receipt of all testimony, the City
Manager will make a recommendation on the merits of each vacation request to be included in the
council packet for action.
SUGGESTED MOTION
No motion is suggested as this item is set for deliberations and action on February 11, 2013.
ATTACHMENTS
A. Map of Alley Vacation Request
B. Draft Ordinance (with Exhibits A - C) for Alley Vacation
C. Notice of Assessment of Benefits Memorandum
FOR MORE INFORMATION
Staff Contact: Steve Ochs, Associate Planner
Telephone: 541/682 -5453
Staff E -Mail: steve.p.ochs @ci.eugene.or.us
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Attachment A: Map of Vacation Request
ALLEY VACATION REQUEST FOR CB SIMONS (VRI 12 -3)
PA
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Caution: AM
This map is based on imprecise
source data, subject to change,
and for general reference only. .
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0 55 110 220
ORDINANCE NO.
ATTACHMENT B
AN ORDINANCE VACATING THE PORTION OF WEST 4 ALLEY LOCATED
BETWEEN 4 T " AND 5 T " AVENUES AND LINCOLN AND CHARNELTON
STREETS.
The City Council of the City of Eugene finds that:
A. The City Council of the City of Eugene has approved an agenda setting a public
hearing to be held at 7:30 p.m. on January 22, 2013, 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 West 4 th Alley located between 4 th and 5 1h Avenues and Lincoln
and Charnelton Streets, 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 entire 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 January 22,
2013, the City Council held a public hearing and heard all 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.
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
day of , 2013.
City Recorder
Approved by the Mayor this
day of , 2013.
Mayor
Ordinance - Page 1 of 1
EXHIBIT A
ALLEYWAY VACATION DESCRIPTION
BEING ALL THAT PORTION OF THE FOURTEEN FOOT (14') WIDE EAST / WEST
ALLEY FOUND WITHIN BLOCK 1 OF PACKARD'S ADDITION TO EUGENE
RECORDED IN LANE COUNTY OREGON PLAT RECORDS VOLUME H, PAGE 282
RECORDED IN 1871, ALL BEING TOWNSHIP 17 SOUTH, RANGE 3 WEST,
SECTION 31, WILLAMETTE MERIDIAN, AND FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1 OF
PACKARD'S ADDITION TO EUGENE AS RECORDED IN LANE COUNTY OREGON
PLAT RECORDS VOLUME H, PAGE 282, THENCE SOUTHERLY ALONG THE
EASTERLY LINE OF LOT 1, BLOCK 1, ALSO BEING THE WESTERLY MARGIN OF
CHARNELTON STREET (SO CALLED), TO THE SOUTHEAST CORNER OF LOT 1
AND ALSO BEING THE NORTHEAST CORNER OF SAID ALLEY AND FURTHER
BEING THE POINT OF BEGINNING;
THENCE WESTERLY 334 FEET (MORE OR LESS) ALONG THE SOUTHERLY LINES
OF LOTS 1, 2, 3, 4 AND 5 TO THE SOUTHWEST CORNER OF LOT 5 AND BEING
THE POINT OF INTERSECTION WITH THE EASTERLY MARGIN OF LINCOLN
STREET (SO CALLED);
THENCE SOUTHERLY 14 FEET (MORE OR LESS) ALONG THE WESTERLY
MARGIN OF SAID ALLEY, ALSO BEING THE EASTERLY MARGIN OF SAID
LINCOLN STREET, TO THE NORTHWEST CORNER OF LOT 6 OF SAID BLOCK 1;
THENCE EASTERLY ALONG THE NORTHERLY LINES OF LOTS 6, 7, 8, 9 AND 10
TO THE NORTHEAST CORNER OF LOT 10 AND BEING THE POINT OF
INTERSECTION WITH THE WESTERLY MARGIN OF CHARNELTON STREET;
THENCE NORTHERLY 14 FEET (MORE OR LESS) ALONG THE EASTERLY
MARGIN OF SAID ALLEY, ALSO BEING THE WESTERLY MARGIN OF SAID
CHARNELTON STREET, TO THE POINT OF BEGINNING,
ALL BEING IN LANE COUNTY, OREGON.
CONTAINING 4676 SQUARE FEET (MORE OR LESS).
._.._._� REGISTERED......_.
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 1985
DAVID H. WELLMAIY
2163
RENEWAL: li.r� 3� Z�'�y
C.B. Simmons Alley Vacation (VRI 12 -3)
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W 4TH AVE
Exhibit C
Findings:
Vacation of West 4 th Alley between Lincoln Street and Charnelton Street
for Simons Properties and CSA Oregon, LLC
(VRI 12 -3)
Background
The Simons Properties and CSA Oregon, LLC requests a right -of -way vacation that includes the
entire West 4th Alley between Lincoln Street and Charnelton Street. The area subject to the request
is 4,669 square feet. The applicant owns all properties that abut the right of way and on the entire
block. The vacation will allow the applicant /property owner to create a more viable business
environment, provide better security for tenants and customers of those tenants and will not
negatively impact the transportation system, surrounding properties or emergency access. Retention
of a Public Utility Easement across the entire alley area is proposed and will be required prior to
vacating the right of way.
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 EC 9.8700- 9.8725 and Oregon Revised Statutes 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 vacations is in the public interest. The full text of the approval criterion is
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.
Public notice of the hearing for the vacation request has been provided in accordance with
applicable statutory and local code requirements. Consent for the vacation requests from abutting
and affected owners, and payment of a special assessment for the area of vacated right -of -way, have
also been provided as required.
Vacation Findings
The following findings demonstrate that vacation of West 4th Alley between Lincoln Street and
Charnelton Street is in the public interest. This determination is based on the conclusion that the
vacation of West 4 Alley between Lincoln Street and Charnelton Street is consistent with the
City's vision for the area, will provide efficient use of land and will not negatively impact the
transportation system, the ability to provide utilities, surrounding properties, or emergency access.
Exhibit C: Findings
Page 1
Additionally, control of the site by the applicant will enhance the safety and attractiveness of the
site. As a result, vacation of the requested alley segment will be in the public interest. Detailed
findings to support these conclusions are provided below.
The property is located within the boundaries of the Whiteaker Plan and the Skinner Butte mixed
use subarea and is zoned S -W Whiteaker special area zone. The Whiteaker Plan's overall vision and
intent is to encourage economic vitality in the area by allowing a mix of uses and encourage actions
that enhance the attractiveness of the area. Several businesses including a Cafe Yumm, Corporate
Office, Playdom, a division of Disney Corp, Honn Design, Carpe Diem Core Align and Pilates
Studio, Lindholm Company and Verb Marketing and PR are tenants on this block that is bisected by
the alley. The Lane County Jail is located directly across Charnelton Street to the east.
The applicant notes that non -tenant pedestrian traffic in the area has resulted in trespass, aggressive
panhandling, theft, vandalism and unsanitary situations due to urination and defecation. Some of
these circumstances appear to be related to its proximity to the jail. This alley is situated adjacent to
the jail and is commonly used by inmates, upon their release. It is expected that the applicant will
restrict public access to the alley, most likely at the east end. By controlling the alley and
monitoring its use, the property owner will be able to reduce this problem. The vacation of the alley,
even with retention of a PUE, will allow the applicant to make facade and access improvements that
cannot currently occur due to setback and clearance requirements. Control of the entire
development site (the entire block between Lincoln St. and Charnelton St. and West 4 Ave and
West 5 Ave), will allow the applicant to provide a safer and overall more attractive and vibrant
business environment on the site consistent with the vision for the area.
Public Works and Fire staff confirms that adequate public rights -of -way exist to satisfy all access
and traffic circulation needs in the vicinity. While this alley will not be required to remain open as a
public alley, adjacent uses are all owned by the applicant and will continue to use the alley for
deliveries and emergency access.
The vacation of West 4 th Alley will not cause additional out of direction travel as it is not a through
alley and ends in a "T" intersection at Charnelton Street. Vehicles, pedestrians and bicyclists
currently use West 5 th Ave to the south as a through connection to the east or west. Therefore,
vacation of this alley will have no impact on the predominate travel route (West 5 th Ave.) for
vehicles, pedestrians and bicycles.
Referral comments from Public Works staff, other affected City Departments and utility providers
confirm the presence of utilities in the alley and note that the provision of necessary public services
and facilities such as transportation and utilities in the area can be maintained upon approval of the
vacation request with the retention of a public utility easement over the alley as proposed by the
applicant. The PUE could later be vacated when the utilities are properly abandoned or relocated.
The City's Public Works Transportation and Engineering staff and the Fire Marshal's office have
confirmed that the vacations would not compromise transportation or emergency access. Referral
comments from Public Works and letters of concurrence from EWEB confirm that utility, water and
natural gas lines located in the street can be maintained by retaining a public utility easement. No
other utility providers objected to the proposal of vacating the alley with retention of a PUE.
Exhibit C: Findings
Page 2
Conclusion
Based on the available information, evidence and testimony received, the City finds that the right -
of -way vacation for the entire West 4' Alley between Lincoln Street and Charnelton Street as
proposed by Simons Properties and CSA Oregon, LLC, will be in the public interest.
Exhibit C: Findings
Page 3
FEUgen
December 27, 2012
Carlton B. Simons
Simons Properties /CSA Oregon LLC
215 West 5th Avenue
Eugene, OR 97401
RE: Notice of Assessment of Benefits for Alley Right -of -Way Vacation Requests.
Dear Mr. Simons,
Attached is the Notice of Assessment of Benefits as well as an email with a revisions to the
amount for the vacation request for West 4 th Alley (VRI 12 -3). Eugene City Code requires that the
owner of the property be assessed the value of the property that is requested to be vacated no
less than 20 days prior to the public hearing of the vacation application before the City Council.
The public hearing date is set for January 22, 2013 at 7:30 p.m. The public hearing will be held in
Harris Hall located at 125 East 8th Street. The amount of the assessed value is shown on the
attached assessment form and email was determined to be $36,450.
Eugene City Code further requires the land owner to deposit with the City the sum of money
assessed at least 5 working days prior to the public hearing which would be January 15 2013 at
the latest. If the vacation is approved, this deposit shall be retained by the City. If the vacation
application is denied, the deposit shall be returned.
The deposit shall be made at the Permit Information Center located in the Atrium building at 99
West 10 Avenue. I will be available to help ensure this process goes smoothly. So please give me
a call at (541) 682 -5453 or email steve.p.ochs @ci.eugene.or.us and I can help answer questions
and coordinate the deposit.
Sincerely,
Steve Ochs
Associate Planner
Enclosures: Basis of Value Report
Email and attachments with revised amount
City of Eugene • 99 W. l 0th Ave. • Eugene, OR 97401 • 541 -682 -5481 • 541-682-5572 Fax
www.eugene- or.gov /Manning
BASIS OF VALUE REPORT
Proposed ROW Vacation of 4 th Avenue Alley between Charnelton and Lincoln
November 30, 2012
Adjoining property owner, Carlton Simons, requests the vacation of a certain City
right -of -way captioned above for assemblage with adjoining property owned by Simon
Investment Prop LLC. Mr. Simon, the applicant, reportedly owns all the properties
adjacent on both the north and the south sides of the subject property; a 14' alley
right -of -way of 4,676 SF (per surveyor).
The zoning for the area around the proposed alley vacation is S -W /SR (Whiteaker
Special Area, with a Site Review overlay). The zoning is intended primarily for a
Mixed -use development which includes various uses of commercial, retail, industrial,
and lower and higher density residential. The highest and best use is considered to
be "Mixed Use."
The appraiser has been asked to provide an assessment estimating the value to the
benefiting property for the proposed vacation by the City of its interest in the existing
right -of -way area herein described.
After a search of RMLS and Lane County records, the following comparable sales are
considered to be the best sales that could be located at this time to estimate the unit value
of the area that is the subject of this Basis of Value Report.
Property Location Size Zoning Sale Date Price Unit Value A( dj.UV) Comments
Fourth Avenue Alley
4,676SF S -W (MU)
n/a
n/a
n/a
n/a
Subject t PropgM
#1.462 E 8 Ave.
0.59 Ac.
I -2
2/09
$889,582
$34.61
($28.95)
OK'd: commercial
92. 15` & Orchard
0.71 Ac.
C2
4/08
$925,000
$29.90
($23.58)
Near UO
#3 2303 W. 7' Av.
1.32 Ac.
C2
4/08
$1,400,000
$24.35
($19.21)
Carrow's site
#4 296 Blair Blvd.
0..64 Ac.
S -W
10/12
$335,735*
$12.04
($12.04)
Ninkasi expansion.
#5 Franklin at Alder
0.18 Ac.
C2
11 /10
$125,000
$15.94
($14:53)
Deficient shape
#6 135 Blair Blvd.
2.03 Ac.
S -W
10/12
$533,000
$6.03
($6.03)
Ninkasi expansion
All the sales presented in the table above were closed sales, within the subject property's
immediate or competing neighborhoods, and the sales represent the best comparable and
most recent sales that could be located at this time.
*Note: Sale #4 reflects extraction of an improvement.
Page 2 of 3
Basis of Value Report
4` Avenue Alley (portion of)
November 30, 2012
The subject property is located along 4 Avenue Alley, between Charnelton and Lincoln streets.
The sales utilized in this Basis of Value Report are considered to be as comparable to the
subject's Whiteaker Special Area zoning as could be located at this time. Several of the sales are
considered to be superior to the subject property mainly due to superior locations compared to the
subject property, but as stated previously, the sales utilized in this Basis of Value Report are
considered to be the best that could be located at this time. Sale #1's I -2 zone was in the process
of being changed to Commercial zoning and is considered to be comparable with the Whiteaker
Special Area's "Mixed Use" zoning allowances, and it is recognized to be in a superior location.
Sale 41 is considered to set the upper value range. As was noted above, the subject's location is
somewhat inferior compared to most of the sales presented due to a mixed use neighborhood that
is served only by "local" streets with modest traffic counts, rather than superior areas with major
streets and symbiotic commercial demand within a comparable neighborhood. Sale #3's location
is inferior to Sales #I and 2's locations, but Sale #3 is still considered to be located in a superior
location compared to the subject. Sale # 5 was located near Alder Street on the curve where
Franklin Boulevard becomes Broadway. This property has an inferior shape and has some traffic
restrictions and limitations, but is considered to be a good comparable property, with its superior
location noted. Sale #6 was also a very irregularly shaped parcel, which limits its development
potential, and its location is considered to be inferior compared to the subject. Sales #4 and 6 are
the same zoning and deserve high credence in estimating an appropriate unit value. Sale #5 is
also considered to be a highly relevant comparable sale for estimating an appropriate unit value
for the subject property. Sales Al and 2 were given the least weight in estimating the overall unit
value for the subject property due to their much superior locations, etc. The overall reasonable
value range is, therefore, $6.03 /SF to $28.95/SF. Taking into consideration the described
comparable sales and corresponding adjustments, an unencumbered unit value is estimated to be
$14 /SF.
The Lane County Assessor estimates the real market value (as of January 1, 2012) of the current
adjoining properties to be approximately $21 /SF.
City staff reports that the subject alley is 14' X 334' + /- (4,676 SF). As part of the proposed alley
vacation, the City will reserve a public utility easement over the entire alley right -of -way for all
existing utilities. The reservation of the public utility easement is estimated to reduce the value of
the subject area by approximately 35 %.
The value of the proposed vacation of 4`h Avenue Alley is, therefore, calculated to be:
$14.00 /SF X.65 = $9.10 /SF X 4,676/SF = $42,552, or $42,500, rounded.
Assessment of value estimated to the benefittint! (adjoining) property owner: $42,500.
This Basis of Value Report is not an appraisal and is intended for City of Eugene internal
use only.
Prepared by
Lloyd Williams, Real Property Officer
OCHS Steve P
From: ROYER Russ C
Sent: Thursday, December 13, 2012 2:51 PM
To: OCHS Steve P
Cc: WILLIAMS Lloyd L; KEPPLER Peggy A
Subject: FW: Alley Vacation - Basis of Value Report
Attachments: RR Lot Buyers Stmt386.pdf, RR Prelim pkg..pdf
Hi Steve, sorry I have not had a chance to respond to you sooner. Lloyd and I further reviewed the comparable sales
data and related information submitted by the owner's rep. We recognize the one sale submitted was a parcel the
subject owner purchased and is across the street from the subject area. This other sale was fairly dated being over 3
years old but we concur the values typically have not increased over that time period. Perhaps the main adjustments to
that sale were the location in that the comparable property backs up directly to the railroad tracks which would result in
needing to increase the value of the comparable sale property. A second significant adjustment factor of that sale
compared to the benefitting properties of the vacation is the shape — it is fairly irregular which results in portions of the
property not being developable or at least limited to a certain extent. This shape adjustment would also result in
increasing the unit value of the comparable to make it more similar to the subject areas. And a third adjustment, which
we did not put as much weight on was for the comparable being zoned industrial as compared to the subject property
which allows for commercial uses as well. The market demonstrates commercially zoned properties typically sell for
more than industrially zoned properties. Because of the shape deficiency and location next to the railroad tracks the
highest and best use of the comparable sale may be as parking, in which case the zoning difference would not be as
significant.
City staff's initial concluded value of the vacation assessment was based on a fee value of $14 per square foot with
comparable sales ranging from $6 to $20 per square foot. The county assessor's real market value of the subject
properties are on average approximately $20 per sq ft. The assessed value of special benefit was further reduced by
35% for the public utility easement that will be reserved over the entire vacation area resulting in the estimated unit
value for the rights being vacated of $9.10 per square foot. In further consideration of the additional sales data
submitted city staff would agree to reducing the fee value of the area proposed for vacation to $12 per square foot and
further reducing that value by the 35% for the public utility easement that will be reserved at the time of vacation
resulting in a net value of $7.80 ($12 x .65) per square foot for the property rights being vacated. Thus yielding an
adjusted vacation assessment of $36,450 ($7.80 x 4,676 sq ft) — reduced from the previous estimated assessment of
$42,500.
One other point I did want to respond to was the suggestion the alley configuration could be a negative. I thought it .
might be beneficial to explain the basis of assessment for right of way vacation is based upon the special benefit to the
benefitting (adjacent property) and thus the shape or configuration of the vacation area it not as significant as the
adjacent property it is being assembled with. Eugene code 9.8710 (5) further defines how it is to be measured. I hope
this helps address the questions or concerns. Please let me know if there are further questions. At this time Public
Works is agreeable to reducing the proposed assessment from $42,500 to $36,450.
From: OCHS Steve P
Sent: Friday, December 07, 2012 4:18 PM
To: ROYER Russ C
Cc: WILLIAMS Lloyd L
Subject: FW: Alley Vacation - Basis of Value Report
Hi Russ,
This is an email I got from the applicant in for the CB Simons alley vacation. The rep asked me if they could submit these
examples, I told her they could and that I would forward them on but had no idea if they were relevant or helpful or
change anything. Anyway, let me know your thoughts and have a great weekend!
Steve 0.
From: Cheryl Monson [mailto:cheryl @cbsimons.com]
Sent: Friday, December 07, 2012 10:57 AM
To: OCHS Steve P
Subject: Re: Alley Vacation - Basis of Value Report
Hey Steve,
I spoke to CB yesterday, his email to me below is as follows:
You can provide this to the City. It is what �, as sold in great detail. 1 refer to it as the RR lot. It was a cash.
deal. It was similarly zoned laud. The only difference in the R.R. lot and the alleyway is that the RR lot is not
encumbered by so many easements and is not paved. It provides access from the Charnelton end of 4th Ave. to
the Lincoln access, and therefore has the same functionality.. The alleyway is a sirtaller parcel, but the
economies of scale are negligible between 4,676 s.£, and 41,800, and the small sire and. conCgtuation of the
alleyway does not lend itself to development to its highest and best use, so there seems to be no extra value per
sq. ft. to the alleyway due to the smaller parcel size, and one could reasonably make a case that the alley
configuration is a negative. The hard surface of the alleyway is a shambles and needs to be replaced.. The sub -
grade on the RR lot is equivalent to that of the alleyway, and the the cost of removing the sub- standard paving
sections in order to �oo :ror���ard rrom the sub -grade Fill is a further negative to the alleyway.
Making no other comparison, the only two comparable property purchases fro the list are the ones with the
same zoning. They are 42 and #4. $ 12.04 & $6.03/ s.f., respectively. Presuming all else to be equal between
those two lots, the average value /sf of these two is $9.03. The RR lot sold for $335,000 ±, or $8.01. The date
of sale is not specified for the listed comps., but the RR lot salt was 37 months ago, and real estate prices have
not been on a dramatically upward trend since then. If the RR lot is added to the data set, it appears that the
value for the alleyway unjust go down.
Please have the appraiser make any appropriate adjustments in light of this additional data. and we will deposit
the funds as instructed. Thank yOU for Your assistance in this matter.
Also, I have attached the documentation on the Rail Road lot.
Thank you for all your help!
Cheryl Monson
On Dec 6, 2012, at 2:22 PM, OCHS Steve P wrote:
Hi Cheryl,
Attached is the report stating how much the City will be asking for the alley and the basis of that valuation. You
will receive an "official" notification of the amount in a few weeks but wanted to give you a heads up. Feel free
to call if you have any questions.
Thanks,
Steve O.
7
Steve Ochs I Associate Planner
City of Eugene IPlanning & Development
99 West 10th Avenue I Eugene OR 97401
Phone 541.682.5453 1 Fax 541.682.5572
Messages to and from this e -mail address may be available to the public under Oregon Public Records Law
<4thAvAlleyV acation.pdfs