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HomeMy WebLinkAboutOrdinance No. 20090ORDINANCE NO. Oa O AN ORDINANCE AUTHORIZING TIE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION BY CONDEMNATION OF PROPERTY INTERESTS SOUTH OF AIRPORT ROAD FOR AIRPORT PURPOSES (KOKKELER PROPERTY AND TFIE SSK INVESTMENTS, INC. PROP~RT~. 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 Soo,~~D people. It 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 1954 and now totals tens of millions of dollars , Projected capital improvements for the airport during the next 5 years will exceed an additional $20 million. D. The adopted 1990 Eugene Airport Master Plan Master Plank identifies the need for airport expansion including additional facilities for air cargo services and other aviation services. The acquisition of the property authorized herein is in implementation of the Master Plan. E. As designated in the Master Plan the air cargo and some other aviation services need convenient, safe and economical access by both aircraft and motor vehicles. Only certain property provides such access to the runways and surface roads. The property herein proposed to be acquired is such a parcel. Another location at this time would require unnecessary expenditure of funds by the City for taxiway and apron expense as well as roadway expense. F. The land to be acquired by authorization of this ordinance is to provide airport- related facilities needed for the economic development of the community and implements policies stated in the Transportation Element of the acknowledged EugenelSpringfield Metro Area general Plan ~ 1987 Update} . G. The land to be acquired is part of land that has been historically and is presently used for agricultural purposes. Ordinance -1 I, The property not immediately put to the identified uses 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 OF EUGENE DOES ORDAIN AS F~LL(]V4~S: ection 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 ownership interests to the parcels of real property more particularly described on Exhibit A attached hereto and 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 air cargo facilities, other aviation facilities, environmental buffer, and uses that are now or hereafter designated in the City's adopted master plan for airport facilities on the property herein authorized for acquisition. tion 2, The City Council does hereby direct that the City Manager 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 ~, 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. tion .The City Council further directs that the City Manager 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 long-range design, development and operation of the airport and related economies. 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 Cregan and Charter and ordinances of the City of Eugene. ordinance - 2 ~ n ,The City Council fi~r~her declares that the real property interests described in Section ~ 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 fram the date this Ordinance is adopted by the Council and approved by the Mayor. Passed by the City Council this day of September,1997 City Recorder Approved by the Mayor this ~~day of September, 1997 /~ ~. Mayor Ordinance - 3 EXHIBIT "A" Map and tax lot: 17-04-07-00-aoloo Present Owner: Kokkeler Louis L. Kokkeler Dean D , Kokkeler Keith D. Map and tax lot: 17-04-OS-oo-ol500 Present Owner: SSK INVESTMENTS, INC. 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