The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 20041ORDINANCE NO. pb y AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY INTERESTS ON AND ADJACENT TO WILLOW CREEK ROAD FROM WEST 11TH AVENUE TO WEST 18TH AVENUE AND ON WEST 11TH AVENUE FROM WILLOW CREEK ROAD TO 400 FEET EAST OF BELTLINE HIGHWAY 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 the improvement of city streets and construction of curbs, gutters, sanitary and storm sewers, sidewalks, traffic signal, street lights, street trees and other features. B. By Council adoption of the City's Capital Improvement Program the City of Eugene initiated the public improvement project for street improvements consisting of paving, curbs, gutters, sidewalks, traffic signal, street lights, sanitary and storm sewers on willow Creek Road from west 11th Avenue to west 1 Sth Avenue and on west 11th Avenue from Willow Creek Road to about 404 feet east of Beltline Highway. C. The proposed improvements are incompliance with and in furtherance of the plans and specifications prepared by the City Engineer in accordance with provisions of Chapter 7 of the Eugene Code,1971 and applicable polices of the City of Eugene. D. Development and increased traffic now necessitate widening the existing public way to serve the adjacent properties, surrounding neighborhoods, and the general public welfare. The planned improvements to the existing public way address tl~ese public needs while doing less private injury than developing alternate traffic routes. E. The costs of delaying the project, the savings from efficient construction management techniques, and the need to facilitate the safe and efficient movement of traffic, bicyclists, and pedestrians requires the City to act promptly to acquire the necessary property interests for this project. Now, therefore, THE CITY OF EUGENE DOES GRDAIN AS F~LLGWS; Section 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 it necessary to acquire the real property interests more particularly described on Exhibit A attached hereto and incorporated herein by reference in order to construct the improvements to Wi llow Creek Road from West 11th Avenue to West 18th Avenue and to West 11th Avenue from willow Creek Road to about 40o feet east of Beltline Highway, including paving, curb and gutter, sanitary and storm sewers, sidewalks, traff c signal, street lights and street trees improvements, and other features in accordance with the preliminary design prepared by the City Engineer and approved by the City Manager pro tem. Section 2. The City Council does hereby direct that the City Manager pro tem or the Manager's designee shall institute negotiations with affected property owners} to acquire the needed property interests and institute proceedings in eminent domain for the condemnation of the real property interests described in Section 1, and, at least ZO days prior to the f ling of any action for condemnation to make a written offer to the owners or parties having interests therein of a stated amount as just compensation therefor and for any compensable damages to remaining property. Section 3. The City Council further directs that the City Manager pro tem or designee shall obtain for the City immediate possession of the 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 improvements above set forth are for a public purpose, are necessary for the public welfare, are the most 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 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 passible 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. Passed by the City Council this 7 ~ day of March, 1996 ...r City Recorder Approved by the Mayor this day of March,1996 Mayor EXHIBIT "A" 17-04-33-00-01300 SADRI ASGHAR R 203 E RESERVE VANCOUVER WA 98661 17-04-33-30-00900 WHITWER VERNON D & M JEAN 29913 WILLOW CREEK ROAD EUGENE OR 97402 17-04-33-30-00901 WHITWER VERNON D & M JEAN 29913 WILLOW CREEK ROAD EUGENE OR 97402 17-04-33-30-00902 WHITWER VERNON D & M JEAN 29913 WILLOW CREEK ROAD EUGENE OR 97402 17-04-3 3 -3 0-01000 WHEELER RUSSELL & LOUISE 29907 WILLOW CREEK ROAD EUGENE OR 97402 17-04-33-30-01200 STUCK ELEANOR R P O BOX 25754 EUGENE OR 97402 17-04-33-30-01300 NIELSEN LEO J & ELLEN 2b20 HIGHLAND OAKS DRIVE EUGENE OR 97405 17-04-33-30-01600 FEATHERS ROBERT A & JUDITH %K.EIFER ROBERTE P O BOX 5626 EUGENE OR 97405 17-04-33-30-01700 MOOREHEAD DONALD 29863 WILLOW CREEK ROAD EUGENE OR 97440 17-0433-30-01800 MOOREHEAD DONALD 29863 WILLOW CREEK ROAD EUGENE OR 97440 17-04-33-30-02200 HAUGLAND RICHARD P & R P P O BOX 22010 EUGENE OR 97402 17-04-33-30-02300 HAUGLAND RICHARD P B~ R P P 4 BOX 22010 EUGENE OR 97402 17-D4-3 3 -00-01 Z01 PADDOCK MASONRY INC P O BOX 10029 EUGENE OR 97440 17-04-33-00-01202 PADDOCK JAMES L & SUSAN A P o BoX 10029 EUGENE OR 97440 17-a4-33-oao 12x3 PADDOCK MASONRY INC P O BOX 10029 EUGENE OR 97440 17-04-33-00-00600 SSK INV INC 1170 PEARL STREET EUGENE OR 97401 17-04-33-00-00700 COUNTY OWNED LANDS DEPT LANE COUNTY COURTHOUSE EUGENE OR 97401 m 1 W ~" Z J Q 1.1 A A TI 1 ~~ 1r W w~ z H *auu~ ~ ~x~ . 5~WILL~/W . ~ NTH; R/WTAKE; CCUNC -~ 497 ~0, 6fi~ PF: 3276 35fi 2fi-Feb--9fi 02: 39 PM / 327fi-2