HomeMy WebLinkAboutResolution No. 4684
RESOLUTION NO. 4684
A RESOLUTION AUTHORIZING THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE
ACQUISITION OF PROPERTY INTERESTS ALONG THE
EAST BANK OF THE WILLAMETTE RIVER FOR THE
CONSTRUCTION AND MAINTENANCE OF THE EAST
BANK TRAIL.
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 improvement and maintenance of City bicycle paths.
B. In accordance with that authority, Ordinance No. 20024 was passed by the City
Council and approved by the Mayor on September 18, 1995 authorizing the acquisition of property
interests from the Greenway Bicycle Bridge north to the Delta Highway/Green Acres Road
intersection for construction and maintenance of the East Bank Trail Bicycle/Pedestrian Path.
C. The property interests authorized for acquisition were identified by Lane County
Assessor's map and tax lot numbers on Exhibit A to Ordinance No. 20024. It was the intent and
belief at that time that all properties necessary for construction and maintenance of the East Bank
Trail were identified on Exhibit A. As Phase III, from River Island Estates to the Greenway Bridge
progressed through the design and acquisition phase in late 1999, the City's consultant identified an
apparent gap in property ownership in the vicinity of Willamette Oaks. Based on title reports
secured by City staff, it has been determined that three remnant parcels had not been tax lotted at the
time Ordinance No. 20024 was adopted, and were therefore not included in Exhibit A to the
Ordinance.
D. Willamette Oaks LLC, a Washington limited liability company, has acquired
ownership interest in two of the three parcels which are more particularly described on Exhibit A
attached hereto.
E. Acquisition by the City of these parcels is necessary In order to complete
construction of the path during the current construction season.
F. 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.
Now, therefore,
Resolution - 1
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 construct
and maintain the public bicycle and pedestrian East Bank Trail in accordance with the design
prepared by the City Engineer and approved by the City Manager.
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 construction of the described improvements.
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.
The foregoing Resolution adopted the 9th day of July, 2001.
$~1'L. 7:;~
City Recorder
Resolution - 2
PROPERTY DESCRIPTION
PARCEL 1:
Beginning at the Southwest corner of Parcell of Land Partition Plat No.
99-P1210 as platted and recorded in the Lane County Partition Plat Files in
Lane County, Oregon; thence North 76009' 42" West 22.7-2 feet to a point on
the West boundary of that certain tract of land described in a deed recorded
September 23, 1930, in Book 169, Page 211 of the Lane County Oregon Deed
Records; said point being the true point of beginning; thence along the West
boundary of said last described tract North 120 30' 00" West 319.53 feet to a
point marking the intersection of said West boundary and the right bank of the
Willamette River; thence leaving said West Boundary and running upstream
along the right bank of the Willamette River the following four (4) courses
and distances: South 000 06' 50" West 55.39 feet, South 110 14' 28" West
88.76 feet, South 150 33' 50" West 84.36 feet, and South 190 291 03" West
59.84 feet to a point which bears North 760 09' 42" West from the true point
of beginning; thence South 760 09' 42" East 133.03 feet to the true point of
beginning, all in Lane County, Oregon.
Bearings used hereon are based on C.S.F. No. 15674 on file in the office of
the Lane County Surveyor.
EXCEPT any portion thereof lying within Tract 5, Described in deed to
the City of Eugene, a municipal corporation, recorded December 29,
1975, Reception No. 7556752, Lane County Official Records.
PARCEL 2:
A parcel of land in Section 24, Township 17 South, Range 4 West of the
Willamette Meridian, described as follows: Beginning at a point which is
102.0 chains East of the Southwest corner of the Benjamin Davis Donation Land
Claim No. 45; thence North 240 31' West 390.0 feet; thence West to a point
on the highwater line on the East bank of the Willamette River; thence
Southwesterly along said highwater line to a point on the South line of said
Benjamin Davis Donation Land Claim No. 45; thence East to the point of
beginning, all in Lane County, Oregon;
EXCEPT all that portion lying East of the West line of that
certain parcel of land described in deed to Charles A. Crandall
recorded September 23, 1930, in Book 169, Page 211, Lane County
Oregon Deed Records, in Lane County, Oregon.
ALSO EXCEPT Beginning at the Southwest corner of Parcel 1 of Land
Partition Plat No. 99-P1210 as platted and recorded in the Lane
County Partition Plat Files in Lane County, Oregon; thence North
760 09' 4211 West 22.72 feet to a point on the West boundary of
that certain tract of land described in a deed recorded September
23, 1930, in Book 169, Page 211 of the Lane County Oregon Deed
Records; said point being the true point of beginning; thence
along the West boundary of said last described tract North 120
30' 00" West 319.53 feet to a point marking the intersection of
said West boundary and the right bank of the Willamette River;
Exhibit A - Page 1 of 2
Property Description continued-
thence leaving said West Boundary and running upstream along the
right bank of the Willamette River the following four (4) courses
and distances: South 000 06' 50" West 55.39 feet, South 110 14'
28" West 88.76 feet, South 150 33' 50" West 84.36 feet, and South
190 29' 0311 West 59.84 feet to a point which bears North 760 09'
42" West from the true point of beginning; thence South 760 09'
42" East 133.03 feet to the true point of beginning, all in Lane
County, Oregon.
Bearings used hereon are based on C.B.F. No. 15674 on file in the office of
the Lane County Surveyor.
PARCEL 3:
Beginning at the Southwest corner of Parcell of Land Partition Plat No.
99-P1210 as platted and recorded in the Lane County Partition Plat Files in
Lane County, Oregon; thence North 760 09' 42" West 22.72 feet to a point on
the West boundary of that certain tract of land described in a deed recorded
September 23, 1930, in Book 169, Page 211 of the Lane County Oregon Deed
Records; thence along the West boundary of said last described tract North 120
30' 00" West 721.92 feet to a point which bears South 780 49' 14" West from
the Northwest corner of Parcell of said Land Partition Plat No. 99-P1210;
thence North 780 49' 14" East 72.64 feet to the Northwest corner of Parcell
of said Land Partition Plat No. 99-P1210; thence along the West boundary of
Parcell of said Land Partition Plat No. 99-P1210 South 110 49' 34" East
389.29 feet, South 100 00' 00" East 157.08 feet and South 000 00' 00" East
188.61 feet to the point of beginning, all in Lane County, Oregon.
Bearings used hereon are based on C.S.F. No. 15674 on file in the office of
the Lane County Surveyor.
Exhibit A - Page 2 of 2