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Council Communication

Title:	A Resolution Dedicating a Public Way Behind the Hargadine Parking Facility and Between the OSF New Theater and the Fortmiller Building (Earthly Goods), 142 East Main Street and Starbucks, 120 East Main Street.
Dept:	Legal Department
Date:	September 3, 2002
Submitted By:	Paul Nolte
Reviewed By: ........................	Greg Scoles, City Administrator

Synopsis:	The dedication of the walkway constructed by OSF in conjunction with the New Theater and Hargadine Parking Facility is desirable to allow Earthly Goods to fully develop an addition to the Fortmiller Building. The dedication would also allow full development of the Hills' property (where Starbucks is located). The walkway on the westerly side of the Fortmiller Building (between Earthly Goods and Starbucks) that connects Main Street to the parking structure and New Theater would also be dedicated since it has never been dedicated for public use. A map is attached for your convenience. This map differs from the ones presented to the council on August 20, 2002, in that it dedicates the walkway between the Fortmiller building (now Earthly Goods) and Starbucks and it incorporates the area adjacent to the Hargadine Parking Facility, of which only part is a dedicated alley.
Recommendation:	Adopt the resolution dedicating the above described walkways for public use.
Fiscal Impact:	None.
Background:	The attached memo from John McLaughlin provides additional background on the desirability to dedicate these walkways. At the council's last meeting, it was explained that the impetus for this dedication was an application from Earthly Goods to expand the rear of the existing Fortmiller Building, 142 East Main Street, south and up so that it will abut the walkway immediately north of the OSF New Theater. Building Code restrictions preclude the full development of the Earthly Goods expansion unless the rear wall to be constructed abuts a public way. By designating the walkway as a public way, Earthly Goods would be able to place doors and windows into the rear wall to allow public access to the new addition. Since the dedication includes that portion of the walkway behind the building where Starbucks is located, 120 East Main Street, any future expansion of that building would also have the same development potential. My previous communication to the council indicated that the walkway between the Fortmiller Building and Starbucks was leased to OSF. This walkway is not part of the OSF lease. This walkway has never been dedicated for public use. The resolution would also dedicate this walkway for public use.

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RESOLUTION NO. 2002-

A RESOLUTION DEDICATING A PUBLIC WAY BEHIND THE HARGADINE PARKING FACILITY AND BETWEEN THE OSF NEW THEATER AND THE FORTMILLER BUILDING (EARTHLY GOODS), 142 EAST MAIN STREET AND STARBUCKS, 120 EAST MAIN STREET.

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

SECTION 1. The land described on the attached Exhibit A as depicted in the map attached as Exhibit B is dedicated for use by the public as a public way.

SECTION 2. This resolution takes effect upon signing by the Mayor.

This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this _____ day of September, 2002.
Barbara Christensen, City Recorder

SIGNED and APPROVED this _____ day of September, 2002.
Alan W. DeBoer, Mayor

Reviewed as to form: Paul Nolte, City Attorney

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Memo

DATE: September 3, 2002
TO: Honorable Mayor and City Council
FROM: John McLaughlin, Director of Community Development
RE: Right-of-way dedication between Earthly Goods and OSF New Theater

From the Planning Department's perspective, there are several benefits to the community of dedicating this area as public right of way.

The land, as it sits today, is City-owned property under lease to OSF, and functioning as a public plaza and pass through area. It serves as vehicle and utility access to the rear of some parcels as well. Based upon it's function as public access and use, it would seem very appropriate to dedicate this area aspublic right-of-way rather than keeping it as land owned by the City and leased by OSF.

The plaza area, with seating, landscaping, trees, a water fountain, and scored concrete was designed specifically for public interaction. It is a key pathway in the downtown between the parking structure/Ashland Springs Hotel and the OSF bricks. Also, with the links to East Main Street near Starbucks and the Varsity Theater, it is very connected to the main shopping area of Ashland.

Earthly Goods is proposing a significant expansion to the rear portion of their building. This part of the building fronts onto the existing plaza area. While Earthly Goods has indicated it is not their intention to use this portion of the building for retail uses, we believe that it is in the City's interest that this building be designed with appropriate storefront features and access such that a future use will benefit from the relatively large pedestrian counts in the plaza. In order to readily accomplish this and comply with building code requirements, this area needs to be dedicated as public right-of-way.

It has been argued to the Council that openings and windows could be accomplished in this building without dedicating it as right-of-way. While this may be possible, it would not happen without significant changes to the design proposed by Earthly Goods, and even then, the access and windows would be awkward at best. In order to obtain a more storefront-like appearance and function, the area should be dedicated as right-of-way.

This dedication and ultimate design of the building also furthers the City's efforts at creating exciting pedestrian corridors. From the City's Downtown Plan:

• Pedestrian amenities such as broad sidewalk, arcades, alcoves, colonnades, porticoes, awnings, and   sidewalk seating should be provided where possible.
• Windows and other features of interest to pedestrians should be provided adjacent to the sidewalk. Blank walls adjacent to sidewalks should be avoided.
• Two-story development should be encouraged downtown, with the second stories seeing commercial, residential, or parking uses.

This effort by the Council will ensure that this area develops in a manner consistent with the vision of the Downtown Plan and the Comprehensive Plan.

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EXHIBIT A

DESCRIPTION OF PUBLIC WAY

Commencing at the Northwest comer of Lot 2, Block 9 in the City of Ashland, Jackson County, Oregon, according to the official map of said City, adopted by the City Council on November 5, 1888; thence along the Northwesterly boundary of said Lot 2, South 35° 02' West, 108.70; thence South 55° 18' East, 8.36 feet to the Northwesterly boundary of that parcel of land described in Document No. 92-18504 of the Official Records of Jackson County; thence along said boundary, South 35° 02' West, 21.30 feet to the Southwest comer thereof and the True Point of Beginning; thence South 55° 18' East, 43.29 feet along the Southwesterly boundary of said tract; thence North 35° 02' East, 130.00 feet along the Southeasterly boundary of said tract to the Southwesterly boundary of East Main Street; thence South 55° 18' East, 14.35 feet along said Southwesterly boundary; thence South 35° 02' West, 150.00 feet; thence South 55° 18' East, 193.0 feet more or less to the Northwesterly boundary of an alley; thence South 35° 02' West, 32.00 feet along said Northwesterly boundary; thence North 55° 18' West, 250.64 feet; thence, North 35° 02' East, 52.00 feet to the point of beginning.

City of Ashland
August 30, 2002
39 1E 09BC - TL 300, 400, 800 and 901

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Dedication_Map.pdf (45.8KB)

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