WRITTEN STATEMENT FOR EASEMENT VACATION SSW Job No. 23-8098 PAGE 2 of 5 <br />underground communications line is currently inactive and shall be abandoned in place. At the <br />time of any future request for service by the owners or occupants of 2095 Ohio Street, <br />CenturyLink will install a new service line within the northerly 7 foot wide portion of the subject <br />easement proposed to remain and the proposed new portion of 7 foot wide PUE as shown on <br />the site plan included with this application, such that the portion of subject easement proposed <br />to be vacated is no longer needed for any existing or future utilities. <br /> <br /> <br />APPLICATION REQUIREMENTS & APPROVAL CRITERIA <br />Eugene Code, Chapter 9, Sections 9.8710 and 9.8720 <br /> <br />The following portions of this written statement describe how this request meets all applicable <br />criteria, more specifically the Vacation Application Requirements contained in Eugene Code <br />(EC) Section 9.8710 and the Approval Criteria for Vacation of Improved Easements contained in <br />EC 9.8720. Applicable criteria are shown in bold italic text, followed by findings in normal text. <br /> <br /> <br />EC 9.8710 Vacations, Application Requirements. <br /> <br />(1) Vacation of unimproved public easements shall be considered in accordance with the <br />Type I Application Procedures contained in EC 9.7000 through 9.7925 and the <br />approval criteria contained in EC 9.8715. In the case of public utility easements, <br />statements of concurrence with the vacation from affected utility providers must be <br />submitted with the application. <br /> <br />This request is for the vacation of an improved public easement as opposed to an unimproved <br />public easement, therefore this application requirement is not applicable. <br /> <br />(2) Vacation of improved public easements, unimproved public right-of-way, and <br />vacation and rededication of unimproved public rights-of-way, except improved <br />public easements and public right-of-way located within undeveloped subdivision or <br />partition plats, shall be considered in accordance with the Type II Application <br />Procedures contained in EC 9.7000 through 9.7925 and the approval criteria <br />contained in EC 9.8720. In the case of public utility easements, letters of concurrence <br />to the vacation from affected utility providers must be submitted with the application. <br /> <br />This request is for the proposed vacation of a portion of improved public easement that is not <br />located within an undeveloped plat and is therefore subject to Planning Director approval in <br />accordance with the Type II Application Procedures contained in EC 9.7000 through 9.7925. <br />This written statement demonstrates how the proposed vacation complies with the applicable <br />Approval Criteria for Vacation of Improved Easements contained in EC 9.8720. The subject <br />easement is a public utility easement, therefore signed concurrences from all utilities which <br />provide service in the area have been submitted with this application. This application <br />requirement has therefore been met. <br /> <br />(3) Vacation of any public way acquired with public funds, vacation of improved public <br />right-of-way, and vacation of undeveloped subdivision and partition plats, or parts <br />thereof, including public right-of-way and improved public easements located therein, <br />shall be considered and decided upon by the city council in accordance with the <br />procedures contained in EC 9.7445 through 9.7455 and the approval criteria contained <br />in EC 9.8725.