HomeMy WebLinkAboutOrdinance No. 19679ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS
IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY
INTERESTS ALONG SHERATON DRIVE, FROM CHATEAU MEADOWS,
I510-FEET NORTH, FOR THE PURPOSES OF CONSTRUCTIDN OF
STREET IMPROVEMENTS; AND DECLARING AN EMERGENCY.
The City Council of the City of Eugene finds that:
The City Cauncil has authority under provisions of the City Charter and
appl i cabl a state 1 aw to institute proceedings i n eminent domain far the
acquisition of private praperty for public purposes, including the improvement
of city streets and construction of curbs, gutters, sidewalks, and other
features.
The City of Eugene i s i n the process of improving city streets and on March
1, 1990, the City Engineer enacted Initiation Order No. 2411 initiating the
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Sheratan Drive Street Improvement Project from Chateau Meadows, 1510-feet north,
which includes street improvements cansistin of avin curbs utters
9 p g~ s g
sidewalks, and sanitary and storm sewer improvements.
The proposed improvements shall be in compliance with, and in furtherance
vf, the plans and specifications to be prepared by the City Engineer in
4
accordance with provisions of Chapter 7 of the Eugene Code, 1971, and app1 i cabl e
policies of the City of Eugene.
The casts of delaying the project, the savings from efficient construction
management techniques, and the need to foci 1 i tote the safe and efficient movement
of traffic and pedestrians requires the City to act promptly to acquire the
necessary property interests for this project.
ordinance, Sheraton Drive, Page 1
NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Sectian 1. Based upon the above findings, which are incorporated herein
by reference and hereby adopted, the City Council of the City of Eu ene does
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hereby find, declare, and determine i t necessary to acquire certain ownersh i p
in fee interest portions of the parcels of real property more particularly
described on Exhibit A attached hereto and incorporated herein by reference in
order to construct the improvements to Sheraton Drive, from Chateau Meadows to
1510-feet north, including curbs, gutters, sidewalks, and other features in
accordance with the preliminary design prepared by the City Eng i Weer and approved
by the City Manager.
Section 2. The City Council does hereby direct that the City of Eugene
shall institute negotiations with affected agents to acquire needed property and
institute proceedings in eminent domain far the condemnation of the other real
property interests described in Sectian 1, and, at least 20-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 therefore
and for any campensabl a damages to remaining property,
Section 3. The City Counci 1 further directs that the City Manager shat 1
obtain for the City immediate possession of real property interests described
in Sectian 1, if negotiations will delay the construction of the described
improvements.
Section 4. The City Council hereby declares that the improvements set
forth above are far a public purpose, are necessary for the public welfare, and
are authorized under the laws of the State of Oregon and Charter and ordinances
of the City of Eugene.
Ordinance, Sheraton Drive, Page 2
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 possible date and, i n any event, no 1 ater than ten years
from the date this Ordi Hance i s adapted by the Counci 1 and approved by the Mayor.
Section fi. The improvement of city streets and reduction of traffic and
pedestrian hazards thereon concern the public welfare and safety and therefore,
an emergency is hereby declared to exist, and this Ordinance shall became
effective immediately upon its passage by the City Council and approval by the
Mayor.
Passed by the City Council this
day of 1990.
~h
(City Recorder
d/sac-row:c~ateau.ard
Approved by the Mayor this
~7i~-day of 1990.
a
Ordinance, Sheraton Drive, Page 3
EXHIBIT "A"
17-a3-21-42-00400
DUTTGN, DAVID L
318 N. 20TH STREET
SPRINGFIELD, ~REG4N 97471
17-03-21-42-00500
CAHOY, ZOLA
1193 ARCADIA DRIVE
EUGENE, OREGON 97401
17-03-21-42-00600
MCCLUSKEY, SANDRA I
1175 ARCADIA DRIVE
EUGENE, GREG~N 97401
17-03-21-42-00601
POTTERF, NORMA L. (LIFE ESTATE)
ETAL
1153 ARCADIA DRIVE
EUGENE, OREGON 97401
17-03-21-42-00100
H~QKER, JAMES 1N. TE
HQUKER, CARMEN L. TE
24220 IN~LF CREEK RGAD
VENETA, C~REG~N 97487
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CITY ENGINEER'S ORDER INITIATING LOCAL IMPROVEMENT
DATE: MARCH 1, 1994
PROJECT: ~ SHERATON DRIVE FROM CHATEAU MEADOWS TO I570 FEET NORTH, INCLUDING
2$ FOOT WIDE STREET, CURB AND. GUTTER, SANITARY SEWER, STORM SEWER,
•AND SIDEWALKS. JOB #2411}
FINDINGS:
1.
/ 2
3.
4.
Eugene Cade 51.16o~8} allows the City Engineer to initiate local
improvements projects under specified conditions.
The City has received petitions fram the property owners requesting
construction of street, curb, sanitary and storm sewer on Sheraton
Drive fram Chateau Meadows to 1574 feet north.
The petitioners awn property that would bear 82% of the cost of the
proposed improvements.
The property benefitted by this project includes all property shown
on Exhibit A, attached.
NOW THEREFORE it is hereby ordered:
A. The Sheraton Drive north of Chateau Meadows, Project #2411, to
include the following is hereby initiated:
28 foot wide street paving an Sheraton Drive with curbs, storm drain,
and sanitary sewer fram Chateau Meadows to 1510 feet north.
B. The City Engineering staff is directed to:
~1} prepare plans and specifications for the local improvement
project;
~2} call for bids for construction of the local improvement project
as provided in Eugene Code S7.1fi5;
~3} prepare the necessary report for presentation to the City
Council as required by Eugene Code S1.15o~6} and 57.1661},
~4} acquire necessary public ways and entry permits for the
construction of the local i mp•ravement project within budgetary
limitations and consistent .with City Policies and legal
requirements. '
Christine Andersen
Director of Public Works
sw/f~dar~i ni t2411. tl