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HomeMy WebLinkAboutOrdinance No. 19809GRDINANCE lvo.l9so~ AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION BY CONDENINATION OF PROPERTY INTERESTS SOUTH OF AIRPORT ROAD FOR AIItPORT PURPOSES (DRAKE PROPERI'~. 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 uses associated with the operation and maintenance of its regional airport. B. The City of Eugene has developed a regional airport which serves a trade area covering afour-county area with an estimated population of over 5U(l,Od~ people. ft is the second largest airport in the state and provides a full range of airport-related services to the public. C. The public investment in the present regional airport began in 1956 and now totals tens of millions of dollars. Projected capital improvements for the airport during the next l8 years will exceed an additional $54 million. D. The adopted 199 Eugene Airport Master Plan (Master Plan} identifies the need far airport expansion including additional runways to handle increased commercial and general aircraft traffic. The acquisition of the property authorized herein is in implementation of the Master Plan. E. As designated in the Master Plan an additional runway is tv be constructed on the east side of Green Hill Road. when the location of the additional runway was determined, the value of the private property to the north and to the south of the runway was considered. ~t was determined that the runway should be in the designated location with the necessary clear zone extending south of Airport Road as the least disruptive to existing and future development and use of the adjacent private property. Locating the runway further to the north would require disruption to an existing commercial enterprise and the acquisition of existing structures. F. Given the length of the proposed additional runway as mandated in the Master Plan and given the existing Federal Aviation Administration FAA} safety standards, the City must acquire additional land south of Airport Road to ensure adequate ordinance - 1 clear zones off the end of the proposed runway. G. To insure that there are no encroachments upon property used far airport purposes and that the City may have absolute control over the uses to which land in the clear zone is put, the Council determines it is prudent to acquire fee title to the property and such other property as may be necessary to provide an environmental buffer for the airport. H. The land to be acquired by authorization of this ordinance is for clear zone purposes and other airport related purposes, It has been historically and is presently used for agricultural purposes and does not have any structures upon it. It can be acquired and continue to be used for agricultural purposes while providing the necessary clear zone and environmental buffer. I. Even if the property is not immediately put to airport runway clear zone use, it will provide additional environmental buffering of existing airport property from the encroachment of private development an nearby private property and otherwise protect the public investment in the existing regional airport facilities. J. The timely acquisition of property surrounding the airport allows far the long-range design, development and operation of the airport and related economies. Such acquisition minimizes disruption and injury to private property interests while affording a significant public good. Now, therefore, THE CITY OF EUGENE DOES ORDAIN 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 in fee 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 for the Eugene Airport to be used for airport related uses which include but are not limited to clear zone, agricultural, environmental buffer uses and uses that are now or hereafter designated in the City's adopted master plan for airport facilities on the property herein authorized far acquisition. Section 2. The City Council does hereby direct that the City of Eugene shall institute proceedings in eminent domain far the condemnation of the real property interests described in Section 1, and, at least 20 days prior to the filing of any action far 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. Ordinance - 2 Section 3. The City Council further directs that the City of Eugene shall obtain immediate possession of the real property interests described in Section 1 if negotiations will delay the long-range design, development and operation of the airport and related economies, Section 4. The City Council. hereby declares that the improvements above set forth are for a public purpose, are necessary for the public welfare, 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 Ordinance is adopted by the Council and approved by the Mayor. Passed by the City Council this 4th day of November, 1991 City Recor er Approved by the Mayor this 4th day of November, 1991 .~ '~ f, , ~ . r' ~ ~, f~ ` J,, 1 or ordinance - 3 EXH~ BIT "A`' AIRPORT R/W 17-04-08 A parcel of land lying in the Northwest quarter South, Range 4 West of the Willar~ette Meridian, 1 and described i n Instrument No. 1771 on Reel Deed Records, said parcel is more particularty of Section 8, Township 11 being apart of that tract of 139 of the Lane County Oregon described as follows: Beginning at the Northwest corner of Section 8, Township 11 South, Range 4 West of the Willamette Meridian, thence South 8l°25'31" East 804.89 feet, and South 1°14'41" West 100.03 feet to a paint on the southerly right of way line of Airport Access Road, said point also being the TRUE POINT OF BEGINNING; thence South 87°35'31" East 1500.40 feet slang said right of way, being 100.00 feet from and parallel with the North Section line of said Section 8; thence South 1°14'41" West 747.51 feet; thence North 88°45'19" West 1500.00 feet; thence North 1°14'41" East 187.34 feet to the POINT OF BEGINNING, all in Lane County, Oregon. Bearings are based on the Oregon State Plane Coordinate System, South zone and a survey by the City of Eugene, in May of 1980, recorded in Lane County Survey No. X4156, 24151, 24158 and 24159.