WRITTEN STATEMENT FOR EASEMENT VACATION SSW Job No. 23-8098 PAGE 3 of 5 <br />The subject easement is an improved public easement located within developed plats, more <br />specifically the subdivision plat known as Alfred’s Plat, and Land Partition Plat No. 2022-P3062 <br />which is a replat of Lot 158 of Alfred’s Plat (reduced size copies of which are attached hereto). <br />This request is therefore not for the vacation of a public way acquired with public funds, vacation <br />of improved public right-of-way, or vacation of an undeveloped subdivision or partition plat or <br />any part thereof, including public right-of-way or an improved public easement located therein, <br />therefore this application requirement is not applicable. <br /> <br />(4) All applications shall be accompanied by the application fee established by the city <br />manager pursuant to Chapter 2 of this code, and an additional amount sufficient to <br />pay the expenses related to publication of the vacation notice. <br /> <br />A check to cover the required application fee was included with the submittal of this application. <br />Expenses related to publication of the vacation notice will be paid by the applicant as necessary <br />upon request by the City. This application requirement has therefore been met. <br /> <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-way, any <br />public way acquired with public funds, or any undeveloped subdivision or partition <br />plat, or portions thereof, shall require the payment by the applicant of a deposit equal <br />to the assessment of special benefit that results from the vacation and disposition of <br />property to the benefitted property owners. <br />(a) The assessed value of special benefit and the amount of money to be deposited <br />shall be determined by the city manager. The assessed value of special benefits <br />shall include: <br />1. The value of the real property; and <br />2. The costs incurred by the city in the construction of public improvements. <br />(b) Notice of the proposed assessment for benefits shall be given by mail to the <br />owners of the property to be assessed no less than 20 days prior to the public <br />hearing of the vacation application before the city council, or in the case of Type II <br />applications, 10 days prior to the issuance of the Planning Director’s Decision. <br />The notice shall contain a statement of the names, addresses, and the amount of <br />the proposed assessment of each land owner’s special benefit by the vacation. <br />Where a public hearing is required, the notice shall also include the hour, date, <br />and place of the public hearing at which the city council will hear objections to the <br />vacation or assessment. <br />(c) At least 5 working days prior to the public hearing, or in the case of a Type II <br />application, 5 working days prior to the decision, the land owner shall deposit with <br />the city the sum of money called for by this subsection (5). <br />(d) If the vacation application is approved, the deposit shall be retained by the city. If <br />the vacation application is denied, the deposit shall be returned to the land owner. <br /> <br />This request is not for the vacation of improved or unimproved public right-of-way, vacation of a <br />public way acquired with public funds, or vacation of an undeveloped subdivision or partition plat <br />or any part thereof, therefore this application requirement is not applicable. <br /> <br />(6) For vacations of improved or unimproved right-of-way, the application must include <br />the required consent from surrounding property owners set forth in ORS 271.080(2). <br /> <br />This request is not for the vacation of improved or unimproved right-of-way therefore this <br />application requirement is not applicable.