HomeMy WebLinkAboutOrdinance No. 19998ORDINANCE N0. ~~11 clcY
AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS
IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY
INTERESTS ALONG HIGHWAY 99 N AND AIRPORT ROAD FOR
AIRPORT PURPOSES (ADLEMAN, BOND/MEADOR, AND SHEPHARD
PROPERTIES).
The C ~ ty Counci 1 of the City of Eugene f i nd5 that
A. The City Counci 1 has authari ty under provisions of the City Charter
and applicable state 1 aw to institute proceedings i n eminent domai n
for the acquisition by condemnation of private property for publ i c
purposes , including uses associated with the operation and ma i nte-
nance of its regional airport .
B, The City of Eugene has level aped a r~egi oval airport which serves a
trade area coven ng afour-county area with an estimated population
of over 500, 004 people. It i s the second busiest airport i n the
state and provi des a ful 1 range of airport-related services to the
public .
C . The public investment i n the present regional airport began i n 1956
and now tota 1 s tens of mi 11 i ors of dollars . Projected capita 1
improvements far the airport during the next 15 years wi 11 exceed an
additional X50 million.
D. The adopted 1990 Eugene Airport Master Plan Master P1 an ~ identifies
.the need for airport expansion including addi ti anal runway i mprove-
ments to handle increased commercial and general aircraft traffic.
The acquisition of the property authorized herein i s i n i mpl ementa -
ti an of the master plan ,
E . The 1990 Master Plan recommended that an addi ti ona 1 runway be
1 ocated on the east side of Green Hi 11 Road . ~n determining the
best location far the new runway, the following airfield alterra-
ti ves evaluation criteria were formu1 ated and applied to several
sites before selecting the site east of Green Hi 11 Raad . These
criteria are i n order of importance : operational safety and
fl exi bi 1 i ty, capacity improvements , environmental factors , deve1 op-
ment casts , 1 and acquisition/land use compati bi 1 i ty , implementation
feasi bi 1 i tylacceptabi 1 i ty, 1 ong-term fl exi bi 1 i ty.
F. To provide adequate land for the development of the new runway and
to protect the approach and clear
must acquire additional 1 and . ~n
City must comply with existing
Safety Standards .
zones to the new runway , the City
planning for the new runway, the
Federal Aviation Administration
G. To develop the runway and related facilities' to provide an
environmental buffer and to insure 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 is put, the Counci 1
determines i t i s prudent to acquire fee title to the property.
H . The 1 and to be acquired by authorization of this ordinance i s far
runway development and runway clear zonelapproach zone protection .
The land has been historically used for agricultural purposes with
one dwel 1 i ng 1 ocated on ane parcel and a bal 1 field 1 ocated an
second parcel.
~. The acquisition of these properties allows for the long-range
development and operation of the existing airport and takes
advantage of the public investment i n existing airport faci 1 i ti es .
The extent of the private disruption and injury caused by this
acquisition i s minimal when compared with the public need far and
the benefit from the expansion of the existing regional airport .
Naw, therefore,
THE C QTY aF EUGENE DOES oRDAI N AS FOLLOWS
Section 1. Based upon the above findings, which are incorporated herein
by reference and hereby adopted , the City Counci 1 of the City of Eugene does
hereby find, declare, and determine i t necessary to acquire certain ownership i n
fee interests to the parcels of real property more particularly described on
Exhi bi t A attached hereto and incorporated herein by reference i n order to
acquire land for the Eugene Airport to be used for airport development .
Development includes improvements that are now ar hereafter designated in the
City's adopted Master Plan for airport facilities on the property herein
authorized for acquisition . Such acquisition minimizes disruption and injury to
private property interests while affordi ng a si gni fi cant public good .
Section ~ . The City Counci 1 does hereby direct that the City of Eugene
shal 1 institute proceedings i n eminent domain for the condemnation of the real
property interests described i n Section 1, and , at 1 east 20 days prior to the
fi 1 i ng of any action for condemnation to make a wri tten offer to the owners ar
parties having an interest therein of a stated amount as compensation therefor
and for any compensabl e damages to remaining property .
Section 3. The City Caunci 1 further directs that the City of Eugene shall
obtain immediate possession of the real property interests described i n Section
1 i f negoti ati ons wi 11 delay the 1 ong-range design , development and operation of
the airport and related economies.
Section 4. The City Counci 1 hereby declares that the improvements above
set forth are far a publ i c purpose, are necessary for the publ i c wel fare, and are
authorized under the caws 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 Section 1 sha11 be used by the City of Eugene for publ i c
purposes at the earliest possible date and, i n any event , no 1 ater than ten years
f ram the date this nrdi Hance i s adopted by the Counci 1 and approved by the Mayor .
Passed by the City Counci 1 thi s
Z3~° day of ~~,,,,a.,~-~ 1995.
(City Recorder)
Approved by the Mayor this
~j day of - 1995.
(Mayor)
EXHIBIT "A"
Tax Lot # 11-04.05.44.40$40
John L. Bond and Susan Rae Meador
dot 1, Bond Center, as platted and recorded i n Boak 5, Page 28, Lane County
Oregon Plat Records , i n bane County , Oregon ; Except that ports on conveyed to
Lloyd Dye by deed recorded i n Book 190 , Page 225 , Lane County Oregon Deed
Records, in Lane County, Oregon.
Tax Lot # 11- 44 - 45 - 00.04600 & 17.04.05.00.00700
George E . Shepha rd and Marilyn J . Shepha rd
Lot 7, 8, 11 and the South 5 112 acres of dot 12, Bond Center, as platted and
recorded i n Book 5, Page 28, Lane County Oregon Plat Records , i n Lane County,
Oregon .
Tax Lot # 16 - 04.32.00.04540
Patrick G . Adel man and Janice ~ . Adel man
Begi ni nng at a poi nt 797.48 feet South and 470.61 feet West of the one-quarter
career on the North 1 i ne of Section 32, Township 16 South , Range 4 West of the
Willamette Meridian, said point being on the Westerly right of way line of the
Pacific Highway, 94 feet Westerly from when measured at right angles to}
Engineer's centerline station 288+40.9 of said highway; from said point run South
1° 57' East 115.38 feet to the true point of beginning of the fol 1 owi ng tract
of land; thence North 89° 19' West 2186.51 feet to the West line of Section 32;
thence South along the West line of Section 32 to the Southwest corner of the
Northwest one-quarter of Section 32; thence South 88° 59' 40" East along the
South 1 i ne of the Northwest one-quarter of said Section, 1689.56 feet; thence
North 1° 00' 20" East 399.45 feet; thence South 88° 59' 40" East 534.0 feet to
the Westerly right of way 1 i ne of the Pacific Highway; thence Northerly along the
Highway right of way to the place of beginning , i n Lane County , Oregon .
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