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Home My WebLink AboutOrdinance No. 20042ORDINANCE NO. ~ppy2.. AN ORDINANCE AUTHORISING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF EASEMENT INTERESTS FQR SANITARY SEWERS IN THE SANTA CLARA AREA FOR BASINS "S," AND "U" JOBS ~9Z8 and 3013; AND DECLARING AN EMERGENCY. 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 construction and operation of sanitary sewers. B. The City of Eugene is in the process of construucting sewers in the Santa Clara area in conformity with the Metropolitan Area General Plan and the Council approved Capital Improvement Plan. 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 policies of the City of Eugene. .~ D. In determining the location of the easements and right-of way to be acquired, consideration was given to avoiding planned structures to minimize the costs of maintaining and operating the proposed sewer improvements; to minimize disruption to existing vacant areas that could develop in the future by locating the easements along preliminarily approved right-of way and lot lines; and to selecting locations for the proposed sanitary sewers that were the most direct, thereby reducing the costs of construction. E. The public good from the sewers far outweighs any damage which the property owner might 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 possible. F. 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. Now, therefore, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Grdinance -1 S 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 it necessary to acquire certain easement interests in and to the real property more particularly described on Exhibit A attached hereto and incorporated herein by reference in order to construct and maintain the sanitary sewer in accordance with the design prepared by the City Engineer and approved by the City Manager Pro Tem, S ion 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 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 therefor and for any compensable damages to remaining property. i n The City Council further directs that the City Manager Pro Tem or the Manager's 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. i n 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. i n .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. i n The matters contained herein concern the public welfare and safety and therefore, an emergency is hereby declared to exist, and this Crdinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City Council. Passed by the City Council this ~ ~ ~ day of y,199b Approved by the Mayor this -day of~1996 a~_~ City Recorder __ ~~~c.Cfr~ ~ ~ ~~ Mayor ordinance - 2 Basin "S" EXHIBIT ~~A" 1704114105704 2928 MO SARAii LAND COMPANY 280 E 11TH AVE EUGENE OR 97401 1704114145900 292$ MO ZIENTARA DAVID B & CAROL A 45 HUNSAKER LANE EUGENE OR 97444 17043.14400400 2928 MO SCii40L DISTRICT ##4J 200 N MONROE ST EUGENE OR 97402 1704123000500 2928 MO DEFFENBACHER PAUL C 50 ECHO LN EUGENE OR 97404 1704123003810 2928 MO BIERMAN CHARLES E & L P 25?B SUMMER LN EUGENE OR 97404 1704123004600 2928 MO AARONS JOHN AARONS PAMELA 327 LONE OAK AVE EUGENE OR 97404-2424 1704123005100 2928 MO TiiUMEL DONALD R II & M E 1285 ALFARETTA DR EUGENE OR 97401 1704123000500 2928 MO GARRISON JOSEPH G P 0 BOX 14x3 PHTLOMATH OR 97370 1704123D04200 2928 MO SHEPARD CHARLES N P 0 BOX 8516 COBURG OR 97401 1704123004700 2928 MO CERKONEY JUDY M 345 LONE OAK AVE EUGENE OR 97404 17441230D5300 2928 MO LAJOIE HARLAND L 255 ROSS LN EUGENE OR 974D4 17D4123002803 2928 MO WERTii CARRIE A 2590 SUMMER LN EUGENE OR 97404 1704123004501 2928 MD SWARTZ MATHEW D & MARIE 357 LONE OAK AVE EUGENE OR 97404 1704123004800 2928 MO LORD LYD I A& W A FUR'I' I CK 3 3 4 LUNE OAK S'I' EUGENE OR 97404 1704123340604 2928 h~0 HUTCHINSON FAMILY TRUST ATTN : GINGER WRIG~iT 12715 SE FLAVEL ST PORTLAND OR 97326 1704124002200 2928 MO PROCK LYNDA M 111 ROSS LN EUGENE OR 97404 basin "U" EXHIBIT "A" 1704111301900 3013 MO TRUSTEES OF PRESBYTERY OF WILLAMETTE 3060 RIVER RD EUGENE OR 97404 1704111302300 3013 MO METER MATT 1928 HANCOCK ST EUGENE OR 97404 1704111306400 3013 MO CHRTSTENSEN WILLIAM R & D L 39054 WENDLING RD MARCOLA OR 97454 1704111306600 3013 MO STAHLER ALFRED E TR STA~~LER GLADYS MAE TR 1272 VILLA #56 CLOVTS CA 93612 1704112402401 3013 MO PROTTSMAN TERRY T & CHERYL 255 OAK LEAF DR EUGENE OR 97404 1704114202500 3013 MO HEELER JOHN E 285 FEDERAL LN EUGENE OR 97404 1704114205500 3013 MO HAZEL ARTF~UR C & JANE E ~~~AZEL ARTHUR MAX 300 FEDERAL LN EUGENE OR 97404 1704111301902 3013 MO 1704111302200 3013 MO DAVIS DEAN A & BETHEL JUNE ~iICKS ROBERT W 377 BLAZER AVE 3035 QUIET IaN EUGENE OR 97404 EUGENE OR 97404 170411130240D 3013 CP OO TAYLOR JOHN R 3036 RIVER RD EUGENE OR 97404 1704111306500 3013 CP 00 VINES CASSANDRA R 2970 QUIET LN EUGENE OR 97404 170411130670D 3013 MO 1704112402404 3013 MO GRAI~AM ROBERT S OSTERHOUT BRADLEY DEAN 2922 QUIET LN 3000 MEMORY LN EUGENE OR 97404 EUGENE OR 97404 ].704114202200 3013 MO 1704114202300 3013 MO HTGGTNS LINN D TR UERKVITZ LISA 2874 QUIET LANE BERLIE DARYL L EUGENE OR 97404 2850 QUIET LN EUGENE OR 97404 1704114205200 3413 MO 1704114205400 3013 MO KNOTT MICHAEL W & ETLLEEN F FREEMAN RUTH ANN 305 FEDERAL LN 329 FEDERAL LN EUGENE OR 97404 EUGENE OR 97404 17041142057D0 30.3 MO DONAHUE ALVTN D & KATHRYN M 324 FEDERAL LN EUGENE OR 974D4 z D C'f ~ ~'~ C~ r.~ r~ 5UM1"iER • A Igo rNtl ,~ 3 rat D 7Cf f~i D ~.~ r ~~A an r r V SCALE: i~ = 5~' BASIN "U" B~.AG~C~dt~7 w U Q J r =i~AL J Q Q QZ~ W ~~ ti Y 111 WI f+ r3 /L ~ ~~~~M~I~T ~R~A ~'~