HomeMy WebLinkAboutOrdinance No. 19966ORDINANCE N0. I a~ L~
AN ORDINANCE AUTHORIZING THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE
ACQUISITION OF EASEMENT INTERESTS SOUTH OF
WI LLAKENZI E ROAD FOR THE PURPOSE 4F CON -
STRUCTING STORM AND SANITARY SEWER IMPROVE-
MENTS; AND DECLARING AN EMERGENCY.
The City Council of the City of Eugene finds that:
The City Counci 1 has authority under provisions of the City Charter
and applicable state 1 aw to institute proceedings i n eminent domain for the
acquisition by condemnation of private property far public purposes , including
the construction and maintenance of storm and sanitary sewers .
The City of Eugene i s i n the process of designing streets and sewers
for the end Addition of Emerald Estates i n conformity with the Storm and
Sanitary Sewer Master Plans . In order to extend sewer service to the subdi vi -
si on, easements must be obtained across the abutting parcel of pri vate1y awned,
vacant 1 and .
The proposed improvements shall be i n compliance with , and i n
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
app1 i cabl e policies of the City of Eugene .
In determining the location of the easements and rights-of-way to be
acquired, consideration was given to avoiding planned structures to minimizing
the costs of maintaining and operating the proposed sewer improvements ; to
minimize disruption to existing vacant areas that coul d level op i n the future by
1 ocati ng the easements along prel i mi Hari 1y approved right-of-way and 1 of 1 i nes ;
and to selecting 1 ocati ons for the proposed storm and sanitary sewers that were
the most direct , thereby reducing the costs of construction .
The public good from the sewers far outweighs any damage which the
property owner night sustain, particularly in light of the City's obligation to
provide just compensation to the affected property owner and the City's
effectiveness to keep the cost of sewers and assessments as modest as possi b1 e.
The costs of delaying the project and the savings from efficient
construction management techniques require the City to act promptly to acquire
the necessary property interests for this project. Naw, therefore,
THE CITY CF EUGENE DDES 4RDAI N AS FELLOWS
i n 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 i t necessary to acquire certai n
easements interests over a porti on of the parcel of real property more
particularly described an Exhibit "A" attached hereto and incorporated herein by
reference i n order to extend storm and sanitary sewer improvements south of
Wi 11 akenzi e Raad i n accordance with the design to be prepared by the City
Engineer and approved by the City Manager .
~r~ ~. The City Counci 1 does hereby direct that the City Manager
or the manager's designee steal 1 institute negotiations with affected property
owner to acqui re the needed easements and i nsti tute proceedings i n emi Went Boma i n
for the condemnation of the other real property interests described i n section
1, and , at 1 east twenty X20 } days prior to the fi 1 i ng of any action for
condemnation to make a wri tten offer to the owner or parties having an interest
therein of a stated amount as compensation therefore and for any compensabl e
damages to remaining property.
The City Counci 1 further directs that the City Manager
sha11 obtain for the City immediate possession of real property interests
described in Section 1 if negotiations wi 11 delay the construction of the
described improvements .
Ordinance - Z
Section 4. The City Council hereby declares that the improvements
set forth above are for a pub1 i c purpose, are necessary for the publ i c wet fare,
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 i n Secti an l shal 1 be used by the City of Eugene for publ i c
purposes at the earliest possi bl e date and , i n any event , no 1 ater than ten years
from the date this Ordinance is adopted by the Counci 1 and approved by the Mayor.
Section 6 The matters addressed herein concern the public welfare
and safety and therefore, an emergency i s hereby declared to exist, and thi s
Ordinance sha11 become effecti ve i mmedi ately upon its passage by the City Counci 1
and approval by the Mayor.
Passed by the City Counci 1 thi s
` ~~day of .~.t 1994
L._-
ity ecor r
Approved by the Mayor this
~~day of 1994
ayor
ordnance - 3
EXHIBIT "A"
17-03-Z1-13-00400
CALEF PRDPERT~ ES
3301 W I LLAKENZ ~ E RDAD
EUGENE ~ DREGDN 97401
Ordinance - 4