vacation. Where a public hearing is required, the notice shall also <br />include the hour, date, and place of the public hearing at which the <br />city council will hear objections to the vacation or assessment. <br />(c) At least 5 working days prior to the public hearing, or in the case of a <br />Type II application, 5 working days prior to the decision, the land <br />owner shall deposit with the city the sum of money called for by this <br />subsection (5). <br />(d) If the vacation application is approved, the deposit shall be retained <br />by the city. If the vacation application is denied, the deposit shall be <br />returned to the land owner. <br />Response: This VEI application does not involve an improved or unimproved public right-of-way. The <br />property subject to the easement will remain under the ownership of the Applicant. <br />Therefore, an assessment of special benefit is not required. This VEI is being considered <br />under a Type II procedure. The applicable Type II notice requirements are acknowledged. <br />The applicable standards of this section have been or can be met. <br />(6) For vacations of improved or unimproved right-of-way, the application must <br />include the required consent from surrounding property owners as set forth <br />in ORS 271.080(2). <br />Response: This vacation application does not involve an improved or unimproved public right-of- <br />way. Therefore, consent of the surrounding property owners as set forth in Oregon <br />Revised Statute (ORS) 271.080(2) is not required. This section does not apply. <br />(7) For vacations of unimproved public easements and improved public <br />easements, the application must include the signatures of all property owners <br />and owners of property adjacent to the easement being vacated. <br />Response: The Applicant owns property containing the easement being vacated. The owner has <br />signed the application as shown in Exhibit B and consents to the requested vacation. This <br />requirement is met. <br />9.8720 Approval Criteria for Vacation of Improved Easements, Unimproved Public Right-of- <br />Way, and Vacation and Rededication of Unimproved Public Right-of-Way. The <br />planning director shall approve, approve with conditions, or deny the vacation <br />application. The application shall be approved if the vacation is found to be consistent <br />with the all of the following criteria: <br />(1) The subject area is not presently or in the future needed for public services, <br />facilities, or utilities, and the vacation does not prevent the extension of, or <br />the retention of public services, facilities, or utilities; or if needed, the <br />applicant shall provide for the replacement and abandonment of any existing <br />public services, facilities, or utilities in the subject area. <br />Response: As described in Document No. 2007-067300, the easement was created for excavation <br />and/or placement of fill material necessary to construct slopes for the construction of <br />public streets (see Exhibit H). The easement being vacated was created to facilitate the <br />construction of Brackenfern Road and Deerfern Road stub. These streets have been <br />constructed; therefore, the easements are no longer needed for these public facilities <br />(streets). Geotechnical reports are included in Exhibit E that reviewed the geotechnical <br />stability of these grades and conclude that a future home foundation can be placed in the <br />easement area without negatively impacting the structural integrity of the existing public <br />roadway and infrastructure. This criterion is met. <br />,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 <br />PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 44 <br />Slope Easement Vacation <br />