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Item B: Ordinance Concerning Eminent Domain/Two Parcles Adjacent to Madison Middle School
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Item B: Ordinance Concerning Eminent Domain/Two Parcles Adjacent to Madison Middle School
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4/9/2007
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<br />appropriate park site. Letters of interest have been sent to these property owners, and verbal contact has <br />been made with a few. Again unfortunately, no willing sellers have been identified. <br /> <br />CURRENT ACQUISITION EFFORTS <br /> <br />Staff is focusing efforts on the two properties which are of most interest by obtaining appraisals for each <br />parcel. These are the largest parcels that are adjacent to Madison Middle School, including an 8.5 acre <br />parcel to the north of the school and a 16 acre parcel to the east of the school. <br /> <br />The 8.5 acre parcel is owned by the Farver family. Parks staff have contacted Stanley and Debbie Farver <br />and discussed Parks interest in the property. Reportedly, Deb Farver is one of six siblings owning the <br />property and she has expressed an unwillingness to sell at farmland values. She reported that they are <br />farming strawberries, etc. to maintain the present farm deferral with the County Assessor's Office until the <br />property comes into the UGB, at which time the property would be subdivided to maximize profit. With <br />no immediate plans to sell, they have said they will call Parks if plans change. The Farver's have not <br />returned phone calls from our right-of-way staff seeking further discussions. <br /> <br />The easterly parcel is approximately 16 acres and is also a family owned property. The property is <br />basically vested in Robert W. and Helen D. McClay Trust, Ann Kearney Shannon Trust, and Christopher <br />Kearney Trust, in varying interests. These individuals appear to be scattered in various locations in <br />California and it has proven extremely difficult to make direct contact. No telephone numbers have been <br />located after an extensive search. Staff have written to them at least three times (to the address listed as <br />"taxpayer") explaining the City's interests in the property, with no reply. <br /> <br />The appraisal process is underway and being conducted by local property appraiser Charles Thompson. <br />The required notification letters have been mailed to property owners and comparable property sales have <br />been researched. The final appraisal report is expected to be completed by the end of October. At that <br />time, staff will have market rate information to utilize in further negotiations with the property owners. <br /> <br />SUMMARY <br /> <br />Clearly the past several years have shown there are challenges associated with acquiring property for a <br />community park in the Santa Clara area. There are few undeveloped properties remaining within the <br />UGB that would be suitable for elements of a community park. In talking with property owners of <br />undeveloped lands immediately outside the UGB, some are saying they intend to develop their property in <br />the future if and when the UGB is expanded. Others indicate they wish to pass their property along to <br />family members if UGB expansion doesn’t happen within their lifetime. Many properties in the east <br />Santa Clara area are in use as small family farms and we are told they intend to continue farming, and <br />value the character of farm land and the lifestyle of farming. <br /> <br />Staff has intensified efforts working with the identified property owners adjacent to Madison Middle <br />School hoping to find a willing seller. However, we recognize that continued failure to find a willing <br />seller may necessarily result in the Council wishing to resume its discussion regarding eminent domain. <br /> <br />If you have additional questions please contact me by e-mail at johnny.r.medlin@ci.eugene.or.us or by <br />telephone at 682-4930. <br /> <br />Council Memo 10.06.06 <br /> Page 2 <br />
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