(1) Vacation of unimproved public easements shall be considered in accordance <br />with the Type I Application Procedures contained in EC 9.7000 through <br />9.7835 and the approval criteria contained in EC 9.8715. In the case of public <br />utility easements, statements of concurrence with the vacation from affected <br />utility providers must be submitted with the application. <br />Response: This application does not involve a vacation of an unimproved public easement. This <br />requirement does not apply. <br />(2) Vacation of improved public easements, unimproved public right-of-way, and <br />vacation and rededication of unimproved public rights-of-way, except <br />improved public easements and public right-of-way located within <br />undeveloped subdivision or partition plats, shall be considered in accordance <br />with the Type II Application Procedures contained in EC 9.7000 through <br />9.7835 and the approval criteria contained in EC 9.8720. In the case of public <br />utility easements, letters of concurrence to the vacation from affected utility <br />providers must be submitted with the application. <br />Response: This VEI application is being considered in accordance with the Type II Application <br />Procedures in EC 9.7000 through 9.7835. This standard is met. <br />(3) Vacation of any public way acquired with public funds, vacation of improved <br />public right-of-way, and vacation of undeveloped subdivision and partition <br />plats, or parts thereof, including public right-of-way and improved public <br />easements located therein, shall be considered and decided upon by the city <br />council in accordance with the procedures contained in EC 9.7445 through <br />9.7455 and the approval criteria contained in EC 9.8725. <br />Response: This VEI application does not involve any public way acquired with public funds and does <br />not require a decision by the City Council. This standard does not apply. <br />(4) All applications shall be accompanied by the application fee established by <br />the city manager pursuant to Chapter 2 of this code, and an additional amount <br />sufficient to pay the expenses related to publication of the vacation notice. <br />Response: The applicable fees have been submitted with this application. This standard is met. <br />(5) In addition to payment of the application and publication fees referenced in <br />subsection (4) above, a vacation of improved or unimproved public right-of- <br />way, any public way acquired with public funds, or any undeveloped <br />subdivision or partition plat, or portions thereof, shall require the payment by <br />the applicant of a deposit equal to the assessment of special benefit that <br />results from the vacation and disposition of property to the benefitted property <br />owners. <br />(a) The assessed value of special benefit and the amount of money to be <br />deposited shall be determined by the city manager. The assessed <br />value of special benefit shall include: <br />1. The value of the real property; and <br />2. The costs incurred by the city in the construction of public <br />improvements. <br />(b) Notice of the proposed assessment for benefits shall be given by mail <br />to the owners of the property to be assessed no less than 20 days prior <br />to the public hearing of the vacation application before the city <br />council, or in the case of Type II applications, 10 days prior to the <br />issuance of the Planning Director's decision. The notice shall <br />contain a statement of the names, addresses, and the amount of the <br />proposed assessment of each landowner's special benefit by the <br />,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 <br />PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 43 <br />Slope Easement Vacation <br />