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Home My WebLink AboutOrdinance No. 19840ORDINANCE NO. ~ ~ ~ ~{'D AN ORDINANCE AUTHORIZING THE INSTITUTION of PROCEEDINGS IN EMINENT DOMAIN FaR THE AC~UISI- TION of PROPERTY INTERESTS IN RIVER ROAD BASINS G AND H FoR THE PURPOSES of CaNSTRUC- TI4N of SEVER IMPROVEMENTS; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: 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 constructive and maintenance of sanitary sewers. The City of Eugene is in the process of constructing sewers in the River Road Area in conformity with the Metropolitan Plan as amended. 0n November 20, 1989, the Council approved the amendment to the Capital Improvement Projects ~ CIP} initiating the three ~ 3 ~ year program constructing sewers in River Road. The proposed improvements shall be in compliance with, and in furtherance of , the plans and specifications to be prepared by the City Engineer in accordance with provisions of Chapter 7 of the Eugene Code, 1971, and applicable policies of the City of Eugene. In determining the location of the easements and rights-of- way to .be acquired with least private injury consideration was given to avoiding existing structures and mature trees; to minimizing the casts of constructing, maintaining and operating the proposed sanitary sewer improvements; to minimize disruption to ORDNANCE - ~ existing vacant areas that could develop in the future by locating the easements slang lot lines yr in private ways of ingress and egress; to locating the proposed sanitary sewer improvement where the private costs of connection would be minimized; and to selecting locations for the proposed sanitary sewer that were the most direct thereby reducing the casts of construction and the special benefit assessments to be imposed upon benefitted proper- ties. Rather than disrupt new street, curb, gutter and sidewalk improvements on River Road and the public utilities therein, to the extent practical, the acquisition of the proposed easements are outside the existing right-of-way in a location that will preserve existing public improvements and reduce the cost of connection to the proposed sanitary sewer improvements for the affected property owners. The areas to be served by the sanitary sewers in Basins G and H have been the object of a development moratorium because of groundwater contamination. The sanitary sewers for which the easements or rights-of-way are required address the groundwater problems by eliminating private septic systems. The public goad Pram the sanitary sewers far outweighs any injury which a property owner might sustain particularly in light of the City's obligation to provide just compensation to the affected property owners and City's commitment to keep the special benefit assessments for such sanitary sewers as modest as passible. ORDINANCE - 2 The costs of delaying the project, the savings from efficient construction management techniques, and the need to continue to construct sewers to comply with Environmental Protection Agency EPA} Grant conditions and address the groundwater pollution problem requires the City to act promptly to acquire the necessary property interests for this project. Now, therefore, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section i. Based upon the above findings, which are incor~ posted 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 easements or right-~of-way interests in portions of the parcels of real property more particularly described on Exhibit "A" attached hereto and incarpvrated herein by reference in order to construct the sanitary sewer improvements in River Road Basins G and H 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 ar the manager's designee shall institute negotiations with affected property owners to acquire needed property and institute proceedings in eminent domain for the condemnation of the other real property interests described in Section 1, and, at least twenty ~ 2 ~ } 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 therefore and far any compensable damages to remaining property. ORDINANCE - 3 Section 3. The City Council further directs that the City Manager shall obtain for the City immediate possession of 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 improve-- menu set forth above 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 l shall be used by the City of Eugene for public purposes at the earliest possible date and, in any event, na later than ten years from the date this ordinance is adopted by the Council and approved by the Mayor. Section 6. The construction of sanitary sewers in the River Road Area concern the public welfare and safety and therefore, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 3r" day of ~~ ,~ 1992 City Recorder Approved by the Mayor this 13~" day o f ~~~-' 19 9 2 ,~ Mayor ORDNANCE - 4 EXHIBIT "A' 1) 17-04-13-23-01100 9) 17-04-13-32-05201 MINER DOUGLAS G & JOY L DAY G FRANKLIN & CAROL L 1885 RIVER ROAD goRIVER ROAD DENTAL GROUP EUGENE OREGON 97404 1775 RIVER ROAD EUGENE OREGON 97404 2) 17-04-13-23-01200 10) 17-04-23-11-03800 KIZER MAE E GEROT MICHAEL & ELIZABETH EUGENE OREGON 97404 1270-1280 RIVER ROAD EUGENE OREGON 97404 3) 17-04-13-23-01300 11) 17-04-24-21-07800 BOKICH ROBB B RODERICK DANIEL C & J F 1851 RIVER ROAD 107 HILLCREST EUGENE OREGON 97404 EUGENE OREGON 97404 4) 17-04-13-23-02000 12) 17-04-24-22-05003 RUDE SCOTT WILLIAM PERKINS FREDERICK M 1560 HORN LANE %MCCARTHY ROBERT J EUGENE OREGON 97404 580 HORN LANE EUGENE OREGON 97404 5) 17-04-13-24-00200 13) 17-04-24-24-00200 BROWN ROY A & HELEN M OR DEPT OF VETS AFFAIRS 211 OWOSSO DRIVE ~GARLINGHOUSE JON ETAL EUGENE OREGON 97404 147 E HILLIARD LANE EUGENE OREGON 97404 6) 17-04-13-32-04700 14) 17-04-24-24-03100 PACIFIC NORTHWEST BELL FISHER IVAN L & DELPHA A US WEST INC 126 E HILLIARD LANE CORPORATE TAX DEPT EUGENE OREGON 97404 6300 S SYRACUSE WAY STE 700 ENGLEWOOD CO 80111 7) 17-04-13-32-04800 15) 17-04-24-24-05200 FORUM DON & RHEA E HARNESS MICHAEL HUGH 1235 OAK DRIVE %KLUPENGER WILLIAM EUGENE OREGON 97404 123 OAKLEIGH LANE EUGENE OREGON 97404 8) 17-04-24-22-05600 16) 17-04-24-22-05700 BUMGARNER CRAIG & DANA DOMBROSKY MATTHEW & M.D. 456 HORN LANE 1130 HODSON LANE EUGENE OREGON 97404 EUGENE OREGON 97404 EXHIBIT "A" 11} 11-04-24-22-05800 2fi} 11-04-24-22-05900 HUNTER WILBERT 0 & IZETTA RAZE GARY EUGENE & LEANNE 1150 HODSON DRIVE 90226 SHEFFLER DRIVE EUGENE OREGON 91404 ELMIRA OREGON 91431 18} 11-04-24-22-06000 21} 11-D4w24-22-06100 TAYLOR GARY L & ROBERTA A BODENSTAB KATRINA M. 1154 HODSON DRIVE 1102 HODSON DRIVE EUGENE OREGON 91404 EUGENE OREGON 91404 19} 11.04-24-22-06200 2s} 11-04-24-22-06300 CARSON CLIFF A & KATHRYN L SKOOG EMIL & ELSIE 1100 HODSON DRIVE ~ 1121 HODSON DRIVE EUGENE OREGON 91404 EUGENE OREGON 91404 2D} 11-04-24-22-D64DD 29} 11-04-24-22-06500 BOSLAUGH BILL JAYE & BARBARA NICHOLSON MICHAEL D 1151 HODSON DRIVE NICHOLSON LISA M EUGENE OREGON 91404 356 HORN LANE EUGENE OREGON 97404 21} 11-04-24-22-04200 30} 11-04-24-22-041DD WATERS SUSAN LOUISE MARX PETER & PATRICIA 5909 PHILLIP AVENUE 305 HDRN LANE MALIBU CALIFORINA 90265 EUGENE OREGON 97404 22} 11-04-15-00-04301 31} 11-04-15-DO-0430fi HUNTER CECIL L & BETTY J RIVER ROAD CHURCH 1325 OLD MAXWELL ROAD OF CHRIST EUGENE OREGON 97404 1580 RIVER ROAD EUGENE OREGON 91404 23} 11-04-15-00-04400 32} 11-04-15-00-04fi00 JARVIS GERTRUDE M MORGAN EMBREE THOMAS J & VICKIE TURNER ELAINE 1163 ALLEA DRIVE 21146 W 11TH AVENUE EUGENE OREGON 97404 EUGENE OREGON 91402 24} 11-04.15-00-04100 33} 11-04-15-00-04102 HECHT LEO E & ROBERTA P HECHT LED & ROBERTA P 1188 ALLEA DRIVE 1188 ALLEA DRIVE EUGENE OREGON 91404 EUGENE OREGON 97404 25} 17-04-15-00-04800 34} 11-04-14-44-OD401 LANE COUNTY CARTON PATRICK & DOROTHY COUNTY OWNED LANDS DEPT 265 HATTON AVENUE LANE COUNTY COURTHOUSE EUGENE OREGON 91402 EUGENE ORON 91401 EXHIBIT "A" 35} 11-04-14-44-05302 LEDGERWOOD JACK L & E B 1555 GOLDEN AVENUE EUGENE OREGON 97404 36} 11-04-24-22-04101 DAMS FREDERICK C & KATHLEEN CIMINO ELSIE MAY LF EST 1210 MELVINA WAY EUGENE OREGON 97404 37) 17-04-14-43-00104 SHEPARD CHARLES N P 0 BOX 8516 COBURG OREGON 97401 38) 17-04-14-43-00105 SHEPARD CHARLES N P 0 BOX 8516 COBURG OREGON 97401 Owosso ~ <~ r • »: r ~ <>'< rn f D -o >>><~. ~~s MaXWELL ~ 9 1992 9 0 ~O EAST HOWARD 1992 ~~ G .. Q ~ ARBOR ..... PROPERTIES INVOLVED IN EASEMENT ACaUISITION OAKLEIGH ~L ~