(2) Such public services, facilities, or utilities can be extended in an orderly and <br />efficient manner in an alternate location. <br />Response: The public facilities served by the easement (Brackenfern Road and Deerfern Road stub) <br />have been constructed. Therefore, the slope easements are no longer needed to extend <br />these facilities. This criterion is met. <br />(3) The vacation does not impede the future best use of the remainder of the <br />property under the same ownership or any adjoining land; or adversely affect <br />the development of the remainder land, or any adjoining land, or access <br />thereto; and the vacation does not conflict with provisions of this land use <br />code including the street connectivity standards and block lengths. <br />Response: The vacation is necessary to allow the properties to be developed as planned for in the <br />East Ridge Village PUD/East Highlands Subdivision. Therefore, the vacation will not <br />impede the future best use of the remainder of the property. This criterion is met. <br />(4) Payment of the special benefit assessment(s) resulting from the vacation of <br />unimproved right-of-way required by EC 9.8710(5)(a), have been made to the <br />city. <br />Response: The application does not involve a request to vacate an unimproved right-of-way. This <br />criterion does not apply. <br />EAST RIDGE VILLAGE FINAL PUD SURVIVING CONDITIONS OF APPROVAL <br />Condition 3: <br />All recommendations identified in the Geotechnical Engineering Study dated May <br />1999 must be adhered to unless alternative recommendations to address specific <br />situations, and which address only technical requirements, are approved by the City <br />Engineer. The decision on use of on-site excavated materials as fill as proposed in the <br />application is a technical determination, which will be made by the City Engineer at <br />the time of, or immediately prior to, street construction after the material is tested by <br />the City Engineer. The applicant must retain the services of a qualified geotechnical <br />consultant and have a licensed geotechnical engineer on-site to make <br />recommendations related to excavation, slopes, compaction, or for other related <br />construction techniques, as need by the City Engineer during all Phases of <br />construction of public improvements and utilities located within the right-of-way and <br />public easements. The City retains the final authority for direction of construction <br />activities and final acceptance of public improvements in accordance with the APWA <br />Standard Specifications. <br />Response: Before starting street construction, the excavated materials from the site will be tested <br />and approved by the City Engineer before being used as fill within public rights-of way or <br />public easements. During all phases of public construction, a qualified licensed <br />Geotechnical Engineer will be retained to make recommendations regarding excavation, <br />slopes, compaction, and other related construction techniques, in conformance with this <br />condition. This condition has been and will continue to be satisfied. <br />,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 <br />PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 45 <br />Slope Easement Vacation <br />