HomeMy WebLinkAboutResolution No. 4604
RESOLUTION NO. 4604
A RESOLUTION AUTHORIZING THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE
ACQUISITION OF PROPERTY INTERESTS FOR THE
AMTRAK STATION PROJECT.
The City Council of the City of Eugene finds that:
A. The City Council has authority under provisions of the City Charter and applicable
state law to institute proceedings in eminent domain for the acquisition by condemnation of private
property for public purposes, including the creation of public plazas and destination areas.
B. The City of Eugene is in the process of cooperating with federal agencies with respect
to the Amtrak Station Project which will result in, but not be limited to, an enhanced station and
adjacent exterior spaces, increased station visibility, provision of an arrival plaza, boarding plaza and
accessible boarding platforms to rail cars, restoration of the train station, additional ingress and
egress facilities to the station, multi-modal access to the station, safe pedestrian connections and
convenient bus access to the station, and screened views of the adjacent County jail.
C. The proposed project is in compliance with and in furtherance of adopted City plans
and policies, and necessary in order to renovate the Amtrak Station, and to enhance the safety and
efficiency of train, track and highway-railroad grade crossings.
D. The public good realized from the project far outweighs any damage which the
property owners might sustain, particularly in light of the City's obligation to provide just
compensation to the affected property owners.
~ow, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. Based upon the above findings, which are incorporated herein by reference and
hereby adopted, the City Council of the City of Eugene does hereby find, declare, and determine it
necessary to acquire certain ownership interests to the parcels of real property more particularly
described on Exhibit A attached hereto and incorporated herein by reference in order to acquire land
necessary for the Amtrak Station Project, which consists of, but is not limited to, an enhanced
station and adjacent exterior spaces, increased station visibility, provision of an arrival plaza,
boarding plaza and accessible boarding platforms to rail cars, restoration of the train station,
additional ingress and egress facilities to the station, multi-modal access to the station, safe
pedestrian connections and convenient bus access to the station, and screened views of the adjacent
Resolution - 1
County jail. Property in Parcels 1 through 3 shall be acquired under this Resolution only as
necessary for providing access to the facilities.
Section 2. The City Council does hereby direct that the City Manager or the Manager's
designee shall institute negotiations with affected property owners ( s) to acquire the needed property
interests and institute proceedings in eminent domain for the condemnation of the real property
interests described in Section 1, and, at least 20 days prior to the filing of any action for
condemnation to make a written offer to the owners or parties having an interest therein of a stated
amount as compensation therefor and for any compensable damages to remaining property.
Section 3. The City Council further directs that the City Manager or the Manager's designee
shall obtain for the City immediate possession of the real property interests described in Section 1
if negotiations will delay the Amtrak Station Project.
Section 4. The City Council hereby declares that the improvements above set forth are for
a public purpose, are necessary for the public welfare, are the most compatible with the greatest
public good and the least private injury, and are authorized under the laws of the State of Oregon and
Charter and ordinances of the City of Eugene.
Section 5. The City Council further declares that the real property interests described in
Section 1 shall be used by the City of Eugene for public purposes at the earliest possible date and,
in any event, no later than ten years from the date this Resolution is adopted by the Council.
Section 6. Because a buy-sell agreement with the current property owners to purchase the
property or acquisition of the train station has not been entered'into, and, in order to meet time table
constraints imposed by available Federal and Amtrak funding, this Resolution shall become effective
immediately upon its passage by the City Council.
The foregoing Resolution adopted the 27th day of September, 1999.
tl,-?1f7
City Recorder
Resolution - 2
PROPERTY DESCRIPTION
PARCEL 1:
Beginning at the Southwest corner of fractional Block /lB", SKINNER'S DONATION
TO LANE COUNTY, as platted and recorded in Book "A", Page 122, Lane County
Oregon Oeed Records (being marked by an iron pin); thence North 155.00 feet
along the West line of said Block "B" to a point marked by a lead plug set in
concrete; thence South 890 54' 33'~ East 129.72 feet along a line parallel
with the South line of said Block "E" to an iron pin set on the Southerly line
of the Southern Pacific Company depot ground; thence South 800 06' 40" East
446.91 feet along said Southerly line and the Easterly projection thereof to
an iron pin set on the Northerly extension of the vacated alley lying between
Lots 1 and 2, fractional Block "A" of said SKINNER'S DONATION TO LANE COUNTY;
thence South 00 08' 17" West 78.95 feet along said centerline to an iron pin
set on the Sou~h line of said fractional Bloc;:,k /lA"; thence North 890 54' 33/1
West 5'69.80 feec along the South line of said fractional Blocks "An and "B/I to
the point of beginning, in Eugene, Lane County, Oregon.
P.~~CEL 2:
Beginning at the Southeast corner of Lot 1, fractional Bleck "A", SKINNER'S
DONATION TO TEE CrTY OF EUGENE, as platted and recorded in Book "An, Page 122,
Lane County Oregon Deed Records; then~e Northerly along the West line of
Pearl Street, as now located in said City of Eugene, a dist~~ce of 160.0 feet,
more or less, to the point of intersection with the South line of Southern
Pacific Railroad Company's right-of-way; thence We~terly along said South
line a distance of 168.0 feet, more or less, to a point due North of the
Southwest corner of said Lot 1; thence Southerly a distance of 205.0 -feet,
more or lessl to said Southwest corner of Lot 1 in the North line of Fifth
Street, as now located in said City of Eugene; thence Easterly along said
North line a distance of 160.0 feet to the point of beginning, in Lane County,
Oregon.
ALSO: Beginning at the Southeast corner of Lot 1 in the fractional Block "An
in that part of the City of Eugene, in Lane County, Oregon, which was
originally donacion to Lane County by Eugene F. Skir~er and wife, said point
also being the Northwest corner of the intersection of 5th Avenue and Pearl
Street; run thence along the Northerly right of way of 5th Avenue North 890
54' 33" West 160.0 feet to the true point of beginning; r'..l..~ thence North 00
19' 04" East, parallel with the Westerly right of way of Pearl Street, 202.42
feet to a poin= on the Southerly right of way of the Southern Pacific
Railroad; the~ce along said right of way along the arc of a 3789.75 foot
radius curve to the left, the long chord of which bears North 740 00' 10" West
7.93 feet to a 5/8 inch iron rod; thence leaving said right of way South 90
53' 20" West 123.97 feet to a 5/8 inch iron rod; thence South 800 06' 40"
East 30.48 feec to a 5/8 inch iron rod; thence South 00 OS' 17" West 78.95
=eet to a S/8 inch iron rod set o~ the Northerly right of way of said 5th
Po.venue; thence along said right of fNay South 89Q S4' 33" East 7.80 feet to
t~e true point of beginning, Eugene, i~ Lane County, Oregon.
Exhibit A - Pg. 1
()
J
PARCEL 3:
Beginning at a point on the East side of Willamette Street, 155 feet North of
the Southwest corner of lot 2, in Fractional Block "E" SKINNER'S DONATION TO
EUGENE CITY, as placted and recorded in Book "A", Page 122, Lane County Oregon
Deed Records; th~~ce East 160.12 feet to the alley in said block; thence
North 800 10' West 163.2 feet along the South line of the 0 & C Railroad depot
grounds to a point of intersection with Willamette Street; thence South along
the East line of said Willamette Street 27.86 feet to the point of beginning,
in Eugene, Lane County, Oregon.
PARCEL 4:
Beginning at a point: on the Easterly right of way of Lincoln Street that is
North 00 02' East 105.00 feet from the North right of way of Fourth Avenue;
thence run South 610 45' 00" East 88.65 feet to a point; thence along the arc
of a 262.51 foot radius curve to the right, the long chord of which bears
South 500 52' 30" East 99.05 feet to a point on the North line of Fourth
Avenue i thence Nort:h 890 48' 11 II East 244.59 feet to the inte::section of the
North ~ine of Fourt~ Avenue with the East line of Charnelton Streeci thence
South 00 OS' 32" West along the eOasc line of Charnelton St=eet 57.74 feet to
the Northerly line of a 26 foot wide road easement; thence South 800 03' 5gn
East 228.06 feet to a 5/8 inch iron rod; thence North 90 44' 43" East 93.96
feet to a 5/8 inch iron rod; thence South 800 11' 24" East 368.21 feet to a
05/8. inch iron rod; thence South 90 44' 43" West 119.78 feet to a 5/8 inch
iron rod; thence South 800 12' 07" East 779.65 feet to a 5/8 inch iron rod;
thence North 90 52' 07" East 119.69 feet to a point 25 foot distant: from the
centerline of the spur tracks; thence traversing along a 25 foot Southerly
from t::.e centerline of spur tracks, North 790 16' 41" West 120.77 feet to a
Doint; thence North 770 07' 39" West 54.52 feet to a oointi thence North 760
i9' 49" West 43.07 feet to a point; thence North 770 51' 30" West 98.60 feet
to a point; thence North 790 51' 12" West 92.14 feet to a point; thence
North 800 14' 10" West 1390.81 feet to a point; thence South 00 02' 00" East
13.98 feet to the point of beginning, in Lane County, Oregon.
Exhibit A - Pg. 2