HomeMy WebLinkAboutOrdinance No. 19483ORDINANCE NO, 1
AN ORDINANCE AUTHORIZING THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISI-
TION BY CONDEMNATION OF PROPERTY INTERESTS
FOR THE CONSTRUCTION OF A PEDESTRIAN AND
BICYCLE PATH ALONG AMAZON CHANNEL ~RICHARDSON
BRIDGE TO WEST OF BAILEY HILL RDAD~ AND FOR
CLARIFICATION OF CITY'S RIGHT TO MAINTAIN THE
AMAZON DRAINAGE CHANNEL; AND DECLARING AN
EMERGENCY.
The City Council of the City of Eugene finds that:
The City Council has authority under provisions of the Cit
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Charter and applicable state law to institute proceedings in
eminent domain for the acquisition by condemnation of rivate
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property for public purposes, including the construction and
maintenance of pedestrian and bicycle pathways and of storm drain-
age facilities.
When the Amazon Water Control District of Lane County ~Dis-
trio} was dissolved, the City of Eugene received all of the
District assets and assumed all of its liabilities, The Di~trirt
assets included the right to construct and maintain the then
constructed Amazon Drainage Channel.
Since receiving the District's assets, the City of Eu ene has
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from time to time performed maintenance activity tv reserve the
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capacity of the Amazon Drainage Channel.
The existing public records for certain properties are un-
clear in defining the extent of the easements held by the Cit of
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Eugene as District's successor to construct and maintain the
Amazon Drainage Channel.
The construction of the pedestrian and bicycle path along the
ordinance - 1
Amazon Drainage Channel between Richardson Bridge and West of
Bailey Hill Raad approximately 375 feet and the clarification of
the easements to maintain the Amazon Drainage Channel between
Richardson Bridge and West of Bailey Hill Rvad approximately 580
feet necessitates the acquisition by the City of certain property
rights in the parcels of real property described on the attached
exhibits, which in the City's judgment constitutes the most bene-
ficial and practical location for the construction, and the best
method of establishing a public record of the City's right to
enter upon property to maintain the existing Drainage Channel.
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 rovi-~
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sions of the Eugene Cade, 1971 and applicable policies and a ree-
g
ments of the City of Eugene.
The efficiency of dealing with property owners once in estab-
lishing the pedestrian and bicycle path and at the same time
clarifying the maintenance easements of the City, plus the costs
of delaying the project, and the need to incrementally extend the
Fern Ridge bike/pedestrian path as funds are available, requires
the City to act promptly to acquire the property interests for
this project . Now, therefore ,
THE CITY of EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Based upon the above findings, which are incor-~
porated 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 in fee interests, permanent
ordinance - 2
easements and establish in a public record the maintenance ease
meets tv the parcels of real property more particularly described
on Exhibit A attached hereto and incorporated herein by reference
in order to construct a pedestrian and bicycle path along the
Amazon Drainage Channel between Richardson Bridge and a point
approximately 375 feet West of Bailey Hill Raad and in order to
clarify existing easements or acquire easements for construction
and maintenance of the Amazon Drainage Channel between Richardson
Bridge and a point approximately 580 feet West of Bailey Hill Road
and to perform all construction 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 24 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 campensable damages to remaining property.
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 dela the
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construction of the described improvements ar delay necessar
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maintenance to the Amazon Drainage Channel.
Section 4. The City Council hereby declares that the
improvements above set forth are for a public purpose, are neces~
sary for the public welfare, and are authorized under the laws of
ordinance - 3
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 have been used for
public purposes or shall be used by the City of Eugene for ublic
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purpases at the earliest possible date and, in any event, no later
than ten years from the date this Ordinance is adapted by the
Council and approved by the Mayor.
Section ~. That the provisions contained herein concern the
public health, safety and welfare and therefore, an emer enc is
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hereby declared to exist, and this Ordinance shall become effec-~
tive immediately upon its passage by the City Council and a royal
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by the Mayor.
Passed by the City Council this
1~th day of June 1987
ty Recorder
Approved by the Mayor this
1 d June 1987
a
ordinance _ 4
EXHIBIT "A"
PROPERTY OWNER PARCEL NC~MBER
See attached
legal descriptions
Leo Nielsen 1 and 2 in fee for
2620 Highland oaks Drive public purposes
Eugene, Oregon 9?405
Michael J. Safley 3 Amazon Drains e
1318 SW 12th Street g
Channel Maintenance
Portland, Oregon 97201 Easement
Properties Northwest 4 in fee for ublic
p
P.D. Box 2276 purposes
Eugene, oregan 97402
Nvrkenzie Christian Church, Inc.
c/o Paul Westland, Pastor
2530 Crescent Avenue
Eugene, Oregon 97401
Lighthouse Temple, Inc.
1790 Charnelton Street
Eugene, Oregon 97401
Lane County 6 Amazon Drains e
Margaret C. Blanton g
Channel Construction
and Maintenance
Easements
Properties Northwest 7 in fee for ublic
P. a. Box 2276 p
purposes, 5 and 8
Eugene, Oregon 97402 Amazon Drainage
Channel Construction
and Maintenance
Easements
EXHf~~T r
PA~~ ~ Q~`
A parcel of land in the Northwest quarter of the Southwest
quarter of Section 35, Townshig 11 South, Range 4 West of the
Willamette Meridian and being a portion of that certain tract
of land described on Reel 1197, Instrument Number $2171b7, of
the Lane County Oregon Deed Records, said parcel being mare
particularly described as follows: .
Beginning at a point being South 2° 05' 43" West 1344.21 feet
and South 87° 22' 20" East 540.4$' feet from the Southeast
corner of the Mathew Wallis Donation Land Claim Number 40 in
Township 17 South, Range 4 West of the Willamette Meridian,
said point being the true point of beginning of this
description and being on the Westerly boundary and Northerly .
15.00' feet from the Southwest corner of that certain tract of
land described on Reel 1197, Instrument Number 82171b7, of the
Lane County aregon deed records, thence continuing along said
Westerly boundary North 2° 07' 2G" East b2.b4 feet to the most
Westerly Northwest corner of said tract; thence along the most
Southerly North boundary line of said tract South 87° 22' 20"
East 349.80 feet to the mast Westerly Southeast corner of said
tract; thence South 2° 05' 4b" West 44.24' feet along an
extension of the most Easterly West boundary line of said tract
to a point 15' feet Northerly of the Southerly boundary of said
tract; thence along a line 15' feet Northerly and parallel to
the Southerly boundary of said tract the following courses and,
distances: South 87° 00' 40" West 50.$8' feet, along the arc
of a curve to the right having a radius of 2794.45 feet the
chord of which curve bears South 89° 49' 10" West 273.83 feet}
a distance of 273.94 feet and thence North 87° 23' D3" West
25.52 feet to the true point of beginning all in Lane County
aregon.
All bearings based on the Oregon Coordinate System South Zone,
bearing between the Southeast corner of the Mathew Wallis
Donation Land Claim ~~40 and the Southwest corner of Section 35,
Township 17 South, Range 4 West of the Willamette Meridian
being South 2° 04' 04" West 3442.32 feet}
Parcel 1-Wang 3500~Survey Vol. DEEDS•17-~04-35-32, TL. 1Q5
Job No. 1b90 4-23-87 page 32
PAGE ~'" OF ~
A parcel of land in the Northwest quarter of the Southwest
quarter of Section 35, Township 17 South, Range 4 West of the
Willamette Meridian and being a portion of that certain tract
of land described on Reel 119?, Instrument Number $2171?, of
the Lane County Oregon Deed Retards, said parcel being more
particularly described as follows:
Beginning at a point being South 2° 05' 43" West 1359.21 feet
and South 8?° 22' 20" East 540.45 feet from the Southeast
carnet of the Mathew Wallis Donation Land Claim Number 40 in
Township l? South, Range 4 West of the Willamette Meridian,
said point being the mast Westerly Southwest corner of that
certain tract of land described an Reel 119?, Instrument Number
82171b7, of the Lane County Oregon Deed Records; thence along
the Westerly boundary of said tract North 2° 05' 43" East 15.00
feet; thence leaving the Westerly boundary along a line which
is 15 feet Northerly and parallel to the Southerly boundary of
said tract the following courses and distances: South $?° 23'
03" East 25.52 feet; slang the arc of a curve to the left
having a radius of 2?94.45 the chord of which curve bears
North 89° 491 10" East 2?3.83 feet} a distance of 273.94 feet;
North S?° 00' 40" East 19b..G? feet; along the arc of a curve to
the left having a radius of 503. b5 feet ~ the chord of which
curve bears North 79° 28' 24" East 132.14 feet} a distance of
132.52 feet; and North 71° 5b' 10" East 100.$1 feet to the
Easterly boundary of saf d tract; thence along said Easterly
boundary South 2° 05~ 43" West 15.981 feet to the Southerly
boundary; thence along the Southerly boundary the following
courses and distances: South 71° 5G' 10" West 95.30' feet,
along the arc of a curve to the right having a radius of
51b.65' feet the chord of which curve bears South ?9° 28' 24"
West 136.07 feet} a distance of 13b.4b' feet, South 8?° 00' 40"
West 196.b?' feet, along the arc of a curve to the right having
a radius of 2809.45 feet (the chord of which curve bears South
89° 49; l0" West 2?5.30 feet} a distance of 215.41 feet, and
North 87° 23' 03" East 25.38 feet to the True Eaint of
Beginning all being in Lane County Oregon.
All bearings based on the Oregon Coordinate System South Zone,
bearing between the Southeast corner of the Mathew Wallis
Donation Land Claim ~~40 and the Southwest corner of Section 35,
Township 17 South, Range 4 West of the Willamette Meridian
being South 2° 04' 04" West 3442.32 feet}
Parcel 2--Wang 3500 Survey dol. DEEDS 1?-~04-35--32, TL. 105
Job No. 1b90 4-23-87 page 27
~~HIBIT
a
PAG~,~..0~ ~
A parcel of land in the Northwest quarter of the Southwest
quarter of Section 35, Township 17 South, Range 4 West of the
Willamette Meridian and being a portion of that certain tract
of land described on Reel 1428, Instrument Number $644559, of
the Lane County Oregon Deed Records, said parcel being more
particularly described as follows:
Beginning at a paint being South 2° 05' 43" West 1437.38 feet
and South 87° 22' 20" East 541.14 feet from the Southeast
corner of the Mathew Wallis Donation Land Claim Number 40 in
Township 17 South, Range 4 West of the Willamette Meridian,
said point being the Northwest corner of that certain tract of
land described on Reel 1428, Instrument Number 8644559, of the
Lane County Oregon deed records, thence along the Northerly
baundary of said tract of land South 87° 22' 20" East 422.93
feet; thence leaving the Northerly boundary South 87° 00' 42"
West 113.73 feet; thence along the arc of a curve to the right
having a radius of 2913.17 feet (the chord of which curve bears
South 89° 49' 11" West 285.43 feet} a distance of 285.55 feet;
thence North 87° 22' 20" West 24.35' feet to the Westerly
boundary of said tract of land; thence along the Westerly
boundary North 1° 56' 36" East 25.12 feet to the true point of
beginning in Lane~County Oregon•
All bearings based on the Oregon Coordinate System South Zone,
bearing between the Southeast corner of the Mathew Wallis
Donation Land Claim ~~44 and the Southwest corner of Section 35,
Township 17 South, Range 4 West of the Willamette Meridian
being South 2° 04' 04" West 3442.32 feet)
Parcel 3-Wang 3500 Survey vol. DEEDS 11-04-35-32, TL. 102
Jab Nv. 1690 4-23-87 page 30
E~XH~BIT
PAGE OF,~_
A parcel of land in the Northwest quarter of the Southwest
quarter of Section 35, Township 17 South, Range 4 West of the
Willamette Meridian and being a portion of that certain tract
of land described on Reel 1425, Instrument Number 8b41710, of
the Lane County Oregon Deed Records, said parcel being more
particularly described as follows:
Beginning at a point being South Z° 04' 04" West 1328.71 feet
and South 87° 55' 5b" East 20.00 feet from the Southeast corner
of the Mathew Wallis Donation Land Claim Number 40 in Township
17 South, Range 4 West of the Willamette Meridian, said point
being on the Easterly margin of Bailey Hill Raad, said paint
also being 30' feet from the centerline of Bailey Hill Road
when measured at right angles; thence leaving said Easterly
margin Malang a line 20' feet North and parallel to the Amazon
Channels Northerly top of bank the following courses and
distances} South 83° 58' 35" East 116.3b' feet; South 84° 42'
10" East 237.58' feet, and South $8° 10' 34" East 1b6.Z1 feet
to a point on the Westerly boundary of that certain tract of
land described on Reel 1197, Instrument Number 8211161 of Lane
County Oregon Deed Records, thence along the Westerly boundary
South Z° 05' 43" West 15.00' feet to the mast Westerly
Northwest corner of that certain tract of land described on
Reel 973, Instrument Number 790895 of Lane County Oregon Deed
Records;. thence along the Westerly boundary of said tract South
2° 03' S2" West 5.00 feet, thence leaving the Westerly boundary
along the Northerly top of bank of the Amazon Channel the
following courses and distances: North 8$° 10' 34" West
1b6.2Z' feet, North 84° 42' 09" West 237.87' feet and North 83°
58' 35" West 11b.36' feet to the Easterly margin of Bailey Hill
Road, thence along said Easterly margin North 2° 04' 04" East
20.00' feet to the point of beginning, in Lane County Oregon.
All bearings based on the Oregon Coordinate System South Zone,
bearing between the Southeast corner of the Mathew Wallis
Donation Land Claim ~~40 and the Southwest career of Section 35,
Township 1l South, Range 4 West of the Willamette Meridian
being South 2° 04' 04" West 3442.32 feet}
Parcel 4~-Wang 3500 Survey .Vol. DEEDS 11--04-35-32, TL. 700
Job No. 169D 4.23-81 page 29
EXH1BlT,
PAGE ~ .,...,_..~~~.~~'
A parcel of land in the Northwest quarter of the Southwest
quarter of Section 35, Township 17 South, Range 4 West of the
Willamette Meridian and being a portion of that certain tract
of land described on Reel 1425, Instrument Number Sb41710, of
the Lane County Oregon Deed Records, said parcel being more
particularly described as follows:
Beginning at a point being South Z° 04' 04" West 1328.17 feet
and South 87° 55' Sb" East 20.40 feet from the Southeast corner
of the Mathew Wallis Donatio3
17 South, Range 4 West of th+
being on the Easterly margin
also being 30t feet from the
when measured at right angle;
margin ~ a long a line 20' fee'
Channels Northerly top of bay
distances} South 83° 58' 35"
l0" East 237.85' feet, and S~
to a point on the Westerly b+
Land Claim Number 40 in Township
Willamette Meridian, said point
of Bailey Hill Road, said paint
centerline of Bailey Hill Road
thence leaving said Easterly
North and parallel to the Amazon
k the following courses and
East 11G.3b' feet; South 84° 42'
uth 8$° 10' 34" East 1bb.21 feet
undarv of that certain tract of
land described on Reel 1197, Instrument Number 8Z171b7 of Lane
County Oregon Deed Records, thence along the Westerly boundary
of said tract South Z° 05' 43" West 15.00' feet to the most
Westerly Northwest corner of that certain tract of land
described on Reel 9~3, Instrument Number 790$95 of Lane County
Oregon Deed Records; thence along the Westerly boundary of said
tract South Z° 03' Sz" West 55.00 feet to the most Westerly
Northwest corner of that certain tract of land described on
Reel 841, Instrument Number 7719b81 of Lane County Oregon Deed
Retards; .thence along the Westerly boundary of said tract South
Z° 09' 28" West 23.b0 feet to the Northwest corner of that
certain tract of land described an Reel 1428, Instrument number
8b44559 of the Lane County Oregon Deed Records, thence along
said Westerly boundary South 1° 5$' 3b" West 25.12' feet,
thence leaving said Westerly boundary along a line 20' South
and parallel to the Amazon Channels Southerly top of bank the
following courses and distances, North S7° 50' 39" West 15b.3b'
feet, North 8b° 19' 43" West 153.30' feet and North 84° 43' 11"
West 210.54' feet to a paint on the Easterly margin of Bailey
Hill Road, thence along said Easterly margin North Z° 04' 04"
East 123.11 feet to the point of beginning, in Lane County
Oregon.
All bearings based on the Oregon Coordinate System South Zone,
bearing between the Southeast corner of the Mathew Wallis
Donation Land Claim ~~40 and the Southwest corner of Section 35,
Township 17 South, Range 4 West of the Willamette Meridian
being South 2° 04' 04" West 3442.32 feet)
Parcel 5-Wang 3500 Survey vol. DEEDS 17-04-35-32, TL. 700 & 800
Job No. 1690 4-Z3-$7 page 28
EXHIBIT R
PAGE ~ OF. ~
A parcel of land in the Northwest quarter of the Southwest.
quarter of Section 35, Township 17 South, Range 4 West of the
Willamette Meridian and being a portion of that certain tract
of land described on Reel 442, Instrument Number 69848, of the
Lane County Oregon Deed Records, said parcel being more
particularly described as follows: -
The North 20 feet of the following described tract of land:
Assessor's Map Number 17 04 35 3 2 600 4-QO,.being in Section
thirty-five X35}, Township 17 South, Range 4 West, Willamette
Meridian. Beginning at a point which bears South 660 feet and
South 89° 25' East 540 feet from the Northwest corner of the
,.
Southwest one quarter SSW 1/4} of Section thirty-five (35,
Township 17 South, Range 4 West, Willamette Meridian, said
point being on the Westerly line of that property described in
instrument recorded in Book 247, Page 26, Lane County Oregon
Deed Records, thence Southerly along the Westerly line of said
parcel 330.00 feet, more or less, to the Southwest corner
thereof, thence North 89° 25' West 12 feet, more or less, to
the Southeast corner of that property described in Instrument
~~34226,.Ree1 174, Parcel I, Lane County Oregon Deed Records;
thence Northerly along the Easterly line thervf 330 feet, more
ar less; thence South 89° 25' East 12.00 feet to the point of
beginning.
~A11 bearings based on the Oregon Coordinate System South Zone,
bearing between the Southeast corner of the Mathew Wallis
Donation Land Claim ~~40 and the Southwest corner of Section 35,
Township 17 South, Range 4 West of the Willamette Meridian
being South 2° 04' 04" West 3442.32 feet}
Parcel 6-Wang 3500 Survey-Vol. DEEDS 17-04-~35-32, TL. boo
Job No. 1694 4~-23-$1 page 25 - -
~XNI~IT
A
PAGE ~ OF 4 _„
A parcel of land in the Northeast quarter of the Southeast
quarter of Section 34, Township 17 South, Range 4 West of the _ ~-
Willamette Meridian and being a portion of that certain tract
of land described on Reel 1425, Instrument Number 8641710,
Parcel ~9}, of the Lane County Oregon Deed Records, said
parcel being more particularly described as follows:
Beginning at a point being South 2° 04' 04" West 1320.11 feet
and North 87° 55' 56" West 40.00 feet from the Southeast corner
of the Mathew Wallis Donation Land Claim Number 40 in Township
17 South, Range 4 West of the Willamette Meridian, said paint
being at the intersection of the Westerly margin of Bailey Hill
Road and the Northerly boundary line of that certain tract of
land described on Reel 1425, Instrument Number 8641710, of the
Lane County Oregon Deed Records, said paint also being 30' feet
from the centerline of Bailey Hi11 Road when measured at right
angles; thence along the Westerly margin of Bailey Hi11 Road
South 2° 05' 25" West 33.26' feet; thence leaving said margin
South 89° 20' S2" West 152.13' feet; thence along the arc of a
curve to the right having a radius of 510.44' (the chard of
which curve bears North 78° 05' 22" West 222.05 feet} a
distance of 223.84' feet, to a point on the Northerly boundary
line of said tract of land; thence alang said Northerly
boundary; South 88° 19' 32" East 311.37' feet to the true point
'of beginning all in Lane County Oregon.
All bearings based an the Oregon Coordinate System South Zane,
bearing between the Southeast corner of the Mathew Wallis
Donation Land Clairn ~~40 and the Southwest corner of Section 35,
Township ll South, Range 4 West of the Willamette Meridian
being South 2° 04' 04" West 3442.32 feet}
Parcel 7-Wang 3504 Survey Vol. DEEDS 17-44~-34~-41, TL. 1400
Job No. 1690 4--23-87 page 26
EXH1~31T R
~ OF
PAGE
A parcel of land in the Northeast quarter of the Southeast
quarter of Section 34, To~anship 17 South, Range 4 West of the
Willamette Meridian and being a portion of that certain tract
of land described on Reel 1425, Instrument Number $641710, of
the Lane County Oregon Deed Records, said parcel being more
particularly described as follows:
Beginning at a point being South Z° 04' 04" West 1320.71 feet
and North 87° 55' S6" West 44.00' feet from the Southeast
corner of the Mathew Wallis Donation Land Claim Number 40 in
Township 11 South, Range 4 West of the Willamette Meridian,
said paint being at the intersection of the Westerly margin of
Bailey Hill Road and the Northerly boundary line of that
certain tract of land described on Reel 1425, Instrument Number
$641714 of the Lane County Oregon deed records, said point also
being 34' feet from the centerline of Bailey Hill Road when
measured at right angles; thence along the Westerly margin of
Bailey Hill Rvad South 2° 45' 25" West 121.20' feet; thence
leaving the Westerly margin South 88° 39' 53" West 141.38'
feet; thence alang the arc of a curve to the right, having a
radius of 600.00 feet the chord of which curve bears North 83°
2l' 25",West 164,48 feet} a distance of 165.00' feet; thence
North b5° 51' 33" West 300.44 feet to a point on the Northerly
boundary of said tract of land; thence along said Northerly
boundary South $8° 19' 32" East 583.23 feet to the true point
of beginning all in Lane County Oregon.
All bearings based an the Oregon Coordinate System South Zone,
bearing between the Southeast corner of the Mathew Wallis
Donation Land Claim ~~40 and the Southwest corner of Section 35,
Township ll South, Range 4 West of the Willamette Meridian
being. South 2° 44'.04" West 3442.32 feet
Parcel $-Wang 3500 ~ Survey .Vol. DEEDS 1104-34--41, TL. 1444
Job No . lb 90 4-~Z3-87 page 31
EXHIBIT A
PAGE ~ OF 9