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HomeMy WebLinkAboutOrdinance No. 19945ORDINANCE NO. 1~j~ ~j~ AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISI- TION BY CONDEMNATION OF PROPERTY INTERESTS EAST OF GREENHILL ROAD FOR AIRPORT PURPOSES. 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 500,000 people. [t 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 1 S years is projected to exceed $50 million. D, The adopted 1990 Eugene Airport Master Plan Master Plan} identifies the need for airport expansion including additional runways to handle increased commercial and general aircraft traffic. The acquisition of the properties authorized herein is an implementa- tion of the Master Plan. E. As designated in the Master Plan a parallel runway is to be constructed on the east side of Green Hill Road. When the ,location of the runway was determined, the value of the private property to the north and to the south of the runway was considered. It was determined that the proposed runway location with the necessary clear zones is 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 outlined in the Master Plan and given the existing Federal Aviation Administration FAA} safety standards, the City must acquire the necessary land to facilitate construction and to ensure adequate clear zones off the ends of the proposed runway. ordinance - ~ G. To ensure that there are no encroachments upon property used for 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 far the airport. H. The land to be acquired by authorization of this ordinance is for runway and clear zone use. The land will provide additional environmental buffering of existing airport property from the encroachment of private development on 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 for 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 ~F EUGENE DIES ORDAIN AS FQLL~WS: Section ~. Based upon the above finding, which are incorporated herein by reference and hereby adopted, the City Counci I of the City of Eugene does hereby find, declare, and determine it necessary to acquire certain ownerships in fee interest to the parcels of real property more particularly described on Exhibit A, attached hereto 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 runway, clear zone, agricultural, environmental buffer uses and uses that are now or hereafter designated in the City's adapted master plan for airport facilities on the properties herein authorized far acquisition. Section 2. The City Council does hereby directs that the City Manager shall 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 condemna- tion to make a written offer to the owners or parties having an interest therein of a stated amount as compensation therefor and far any compensable damages to remaining property. Section 3. The City Council further directs that the City Manager shall obtain immediate possession of the real property interests described in Section ~ 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 set forth are for a public purpose, are necessary for the public welfare, and are authorized under the laws of the State of aregon and Charter and ordinances of the City of Eugene. ordinance - 2 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 ~~ da of ~ ~ ~~- 1993 ~.., Y , City R order Approved by the Mayor this day of p,~,~v ,1993 Mayor Ordinance - 3 EXHIBIT "A" 16-04-32-00-00500 ADELMAN PARTRICK G & JANICE L 30010 HEATHER OAK DRIVE JUNCITION CITY, OREGON 97448 16-04-3~-00-0050 SCALTRETa ~AYN E S 1-4 ETAL ATTN: NORMAN E SMALL PERS REP 19750 CH EYN E READ KLAN~ATH FALLS, ~REG~N 97603 17-04-05-00-00600 SHEPHARD GEORGE E & M J 3153 ARROWHEAD STREET EUGENE, OREGON 97404 17-04-05-00-00700 SHEPHARD GEORGE E & M ) 3153 ARROWHEAD STREET EUGENE, OREGON 97404 17-04-05-00-00800 BOND JOHN L MEADOR SUSAN RAE 5714 NW FAIR OAKS CORVALLIS, OREGON 97330 ordinance - 4 fo°`a3oaa ~a~ollo0 p~ sooa VICINIT MAP ~as2oo ~aao ~2eo ,~~~~ z d ~~ „~ ~ r~cw . } I i f ~;~ A70~ y;o J n;aa .~~~~ ~o~0 37aa ~eew~aoa ~Swo ~~~voo 0 o a ~ ~ `~ ~~ ~ ~~ `~ ~ ~ ~ ~, ,,~, < ~ ° ~~ ~9~ ~~~ T ~.-_~-- ---~~ 00 },~ nwaREr ~c~ ~~ SIOG+ aor~ ... ~~ ~~ ~, . . pIRPpR~ I'iQ 0 1, ~ Pic ? ~ fi~~ I ~ ~,~ E ~ ~~