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HomeMy WebLinkAboutOrdinance No. 19865ORDINANCE N0. ~ `b~.S~ AN ORDINANCE AUTHORIZING THE INSTITUTION of PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION of PROPERTY INTERESTS AT THE INTERSECTIONS OF COBURG ROAD AND BAILEY LANE, AND COBURG ROAD AND CAL YOUNG ROAD FOR THE PURPOSE of INSTALLING TRAFFIC SIGNALS; AND DECLARING AN EMERGEN~ CY. The City Council of the City of Eugene finds that: The City Council has authority under provisions of the City Charter and applicable state 1 aw to institute proceedings i n eminent domain for the acqui si - t i on of private property for public purposes, including the improvement of city streets and construction of curbs, gutters, sidewalks, and other features. With the recently authorized improvements to Bailey Lane, traffic congestion at the intersection of Bailey Lane and Coburg Road requires installation of a traff i c signal . Further, because of the close proximity of the Bailey Lane/Coburg Road intersection with the Cal Young/Coburg Road intersection, it becomes necessary to integrate the two signal systems for safe and efficient vehicle and pedestrian traffic flow. The proposed traffic signal instal 1 ati ons shall be i n compliance with, and i n furtherance of, the plans and specifications to be prepared by the City Engineer i n accordance with provs si ans of Chapter 1 of the Eugene Code, 197I , and applicable policies of the City of Eugene. The right-of way to be acquired, to facilitate the construction of new traffic signals does not significantly affect the present use of the property from which i t i s to be acquired and i s the ]east disruptive taking given the design for the intersections. The costs of delaying the pra ject, the savings from efficient constructs an management techniques, and the need to facilitate the safe and efficient movement of traffic and pedestrians 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 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 i n portions of the parcels of real property more particularly described on Exhibit A attached hereto and incorporated herein by reference an order to construct street improvements, including, but not limited to new traffic signals, at the intersections of Coburg Road and Bailey Lane, and Coburg Road and Cal Young Road in accordance with the preliminary design prepared by the City Engineer and approved by the City Manager. Section 2. The City Council does hereby direct that the City of Eugene shall institute negotiations with affected owners to acquire needed property and institute proceedings in eminent domain for the acquisition of real property interests described in Section I, 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 therefore and for any campensable damages to remaining property. Section 3. The City Council further directs that the City Manager shall abtai n for the City immediate possession of real property interests described i n Section 1, if negotiations will delay the construction of the described improvements. Section 4. The City Counc i 1 hereby declares that the improvements set forth above are for a public purpose, are necessary for the public welfare, are the mast 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 Councii further declares that the real property interests described in Section ~ shall be used by the City of Eugene for public purposes at the earliest possible date and, i n any event, no later than ten years from the date this ordinance i s adopted by the Councii and approved by the Mayor. Section fi. The improvement of city streets and reduction of traffic and pedestrian hazards thereon concern the pubiic welfare and safety and therefore, an emergency is hereby declared to exist, and this Ordinance shaii become effective immediately upon its passage by the City Councii and approval by the Mayor. Passed by the City Council this ~~"day of ~ X992. City Recorder Approved by the Mayor this 02 7 d y of 1992 . ( ayor EXHIBIT "A" 11-03-ZO-10-OZ900 801 EPISCOPAL PARISH OF ST THOMAS & MATTHEW 1465 COBURG ROAD EUGENE, OREGON 91401 17-03-ZO-10-OZ900 80Z DIOCESE OF OREGON ST THOMAS CHURCH 1509 LONG ISLAND DRIVE EUGENE, OREGON 97401 17-03-Z0-41-00101 HOLLAND, CECIL B & MARY J 1-Z MOORE, ALWIN D & EVELYN M 1•Z P 0 BOX 5402 EUGENE, OREGON 91405 11-03-ZO-41-o1ao0 KHODABANDEHL00, K & LAURIE 2972 COUNTRY LANE EUGENE, OREGON 91401 17-03-ZO-41-01900 . GUSTAFSON, ETHEL 2730 BAILEY LANE EUGENE, OREGON 91401 ~c~ ~J VO CA YOUNG Rp !"-2°a, a c~ BAILEY SHFIRO TRf?FFIC S/G/YALS coQU2G 2040 itn+n C AL yOGNG, //3A/LEY LN. P/~r,~ar z~s9