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Home My WebLink AboutOrdinance No. 19324of r ~•... ~ ' ORDINANCE NO. 1.9324 AN aRDI-NANCE AUTHORIZING THE INSTITUTION of PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUI- SITION BY CONDEMNATION OF PROPERTY INTERESTS FOR THE CONSTRUCTION OF A SANITARY SEWER AND FACILITIES RELATED THERETO FRAM DIVISION AVENUE PUMP STATION EASTERLY oN LONE OAK DRIVE 700 FT. AND S4UTH~300 FT., AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: The City Council has authority under provisions of the Charter and applicable state law to institute proceedings in eminent domain for the acquisition by condemnation of ~~ private property for public purposes, including the canstruc- tion, maintenance, operation, expansion and improvement of the sanitary sewerage system. The construction of sanitary. sewers and facilities related thereto from the Division Avenue pump station easterly on Lone Oak Drive 700 ft., then south 300 ft. necessitates the acquisition by the City of certain permanent easements and ., temporary construction permits in the parcels of real property :~ described on the attached Exhibit A, which in the City's judgment constitutes the mast beneficial and practical location for the construction. The proposed improvements are in compliance with and in furtherance of the plans and specifications prepared by the City Engineer at the Council's direction and in accordance with provisions of the Eugene Code, 1971 and a livable l'~ ' pp po lcles and agreements of the City of Eugene. ordinance - 1 _~ The costs of delaying the project, the savings from ~. efficient construction management techniques and the need to provide sanitary sewers to serve the area require the City to act promptly to acquire the property interests for this project. Now, therefore, THE CITY of EUGENE DDES ORDAIN AS FoLLQWS: 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 certain permanent easements and temporary construction permits to the parcels of real property more particularly described on Exhibit A hereto, which is incorporated herein by reference, in order to construct a sanitary sewer and facilities related thereto from the Division Avenue pump station easterly on Lone Cak Drive 700 feet, then south 300 feet, all to be constructed in accordance with plans prepared by the City of Eugene Department of Public works and approved by the City Manager. Section 2. The City Council does hereby direct that the City of Eugene shall 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 ar parties having an interest therein of a stated amount as compensation therefor and for any compensable :: damages to remaining praperty. ordinance - ~ Section ~_3. The City Council further directs that the City of Eugene shall obtain immediate possession of the real property interests described in Section 1 if negotiations will delay the financing or construction of the described improvements. Section 4. The City Council hereby declares that the improvements above set forth 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. 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, in any event, no later than ten years from the date this ordinance is adopted by the Council and approved by the Mayor. Section 6. That the provisions contained herein concern the public welfare and theref are, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the Council and approval by the Mayor. Passed by the City Council this Sth day of May , 19 8 5 . ~saf. @.i~, ~2ec~s,~oCv Approved by the Mayor this $th day of w Ma^~ 1985. v V V Mayor (Acting)/ Council President ordinance - 3 A~ ~ V ~ i LDNE DAK DR~vE SANITARY SEWER PROJECT #2152 ~ .~ MARCH ~, 1985 . Dwner: Darrell H. Wilder Gary Dean & Bonnie Lynn Lindsay Z~5-A Ross Lane Eugene DR 97404 Clarence L. & Dorothy Greer 405 Lane Oak Drive Eugene ~ OR 97444 Muriel E . Patterson ~ . Harvey K. & Shirley A, Mold 1355 For Acres Dr Eugene DR 97401 Muriel E. Patterson Victor W, & Grace M. Sears . 181 Ross Lane Eugene OR 97404 Lydia M. Lord & William A. Furtick. 334 Lone Oak Drive Eugene Or 97404 Lela Annetta Davi s 210 Ross Lane Eugene OR 97404 Al ene M. Aird 359 Oak Leaf Drive Eugene OR 97404 Rodney D. Hagar & James A. Hansen 1381 Lorane Highway Eugene DR 97405 Wi 11 i am E, & Genevieve Jackson 827 Kelly Street Eugene OR 97402 Tax Map & Lot No: 17-04-12-3--5400 11-04-12--3--5100 17-04-12-4--2002 17-04-1Z-4--2000 17-04-12-3~--4800 17-G4-12-3--5900 17-04-12-3~~42D0 Perm. Temp. San.Swr. Const. Easement Permit Width Width 33 Ft. 7 Ft. 7 Ft. 14 Ft. 7 Ft. 7 Ft. 50 Ft. 5D Ft, 50 Ft. 50 Ft. 7 Ft. 7 Ft. 50 Ft. 17-04-1:~-22 ~ 100 . 10 Ft. 17-04-12-3--6000 Exhibit A 7 Ft. JS1406GDC 1 a ~' . ~ti "t a ,~ ~ r~ ~ i" r ~ ' ar • ' •" ~ ~. 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