HomeMy WebLinkAboutOrdinance No. 19567ORDINANCE N0. /9S-d?_
AN ORDINANCE AUTHORISING THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUI~
SITION BY CONDEMNATION OF PROPERTY INTERESTS
ALONG TANEY STREET BETWEEN BARGER DRIVE AND
MARSHALL STREET FOR THE PURPOSES OF CONSTRUC-
TION OF STREET IMPROVEMENTS; AND DECLARING AN
EMERGENCY.
The City Council of the City of Eugene finds that:
The City Council has authority under provisions of the City Charter and
applicable state law to institute proceedings in eminent domain for the
acquisition of condemnation of private property for public purposes, including
the improvement of city streets and construction of curbs, gutters, sidewalks,
and other features.
The City of Eugene is in the process of improving City streets and on
March 14, 1988, the Council enacted Resolution No. 4~ initiating the Taney
Street Improvement Project from Barger Drive to Marshall Street, which includes
street improvements consisting of paving, curbs, gutters, sidewalks, street
lights, and sanitary and storm sewer improvement.
The proposed improvements shall be in compliance with, and in furtherance
of, the plans and specifications to be prepared by the City Engineer in
accordance with provisions of Chapter 7 of the Eugene Cade, 1911, and applic-
able policies of the City of Eugene.
The costs of delaying the project, the savings from efficient construction
management techniques, and the need to facilitate the safe and efficient
movement of traffic and pedestrians requires the City to act promptly to
acquire the necessary property interests far this project. Now, therefore,
Ordinance - 1
THE CITY 4F EUGENE DOES ORDAIN AS FOLLOWS:
Section I. Based upon the above findings, which are incorporated herein
by reference and hereby adapted, the City Council of the City of Eugene does
hereby find, declare, and determine it necessary to acquire certain ownership
in fee interest portions of the parcels of real property more particularly
described an Exhibit A attached hereto and incorporated herein by reference in
order to construct the improvements to Taney Street between Barger Drive and
Marshall Street, including curbs, gutters, sidewalks, and other features in
accordance with the preliminary design prepared by the City Engineer and
approved by the City Manager.
Section Z. The City Council does hereby direct that the City of Eugene
shall institute negotiations with affected public agents to acquire needed
property and institute proceedings in eminent domain for the condemnation of
the other real property interests described in Section 1, and, at least z4 days
prior to the filing of any active for condemnation to make a written offer to
the owners or parties having an interest therein of a stated amount as compen-
sation therefore and for any compensable damages to remaining property.
Section 3. The City Council further directs that the City Manager sha11
obtain for the City immediate possession of real property interests described
in Section I if negotiations wi11 delay the construction of the described
improvements.
Section 4. The City Council hereby declares that the improvements set
forth above are for a public purpose, are necessary far the public welfare, and
are authorized under the laws of the State of Oregon and Charter and ordinances
of the City of Eugene.
Ordinance - z
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, na later than ten
years from the date this Ordinance is adopted by the Council 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 become
effective immediately upon its passage by the City Caunci 1 and approval by the
Mayor.
Passed by the City Council this
day of 1988
ity Recorder
Approved by the Mayor this
o~~" day of ~llYl~
X988
Ordinance - 3 g:con#2352.ord
jdc 5-88
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~, TO ACQUIRE UP TO 15.0 ACRES IN THE NE CQRNER OF THE FOL~WING DESCRIBED REAL PROPERTY:
The South 1/2 of the Southwest 1/4 of Section 12 and the North 1/2 of
the Northwest 1/u of Section 13, in Township 18 South, Range ~ West of ~~
the Willamette Meridian, in Lane County, Dregon;
ALSQ commencing at the Northwest earner of said South 1/2 of the
Sauthwest 1/~ of said Section 12 and running thence South $9° ~a' East
~O,chains; thence North 73° West 13.$8 chains; thence South $2° West
27.1# chains to the place of beginning, the last two courses being in
the center of the County Road, in Lane County, Oregon;
EXCEPT; Beginning at the Northwest corner of the South 1/2
of the Southwest 1/~ of said Section 12; thence running
South 20 chains; thence East 8.82 chains; thence North
22 chains, more or less, to center of County Road; thence
South 82° West along center of County Road to the place
of beginning, in Lane County, Oregon;
ALSO EXCEPT THEREFROM the following described tract of land:
Beginning at the section corner common to Sections 11, 12, 13
and 1~4, Township 18 South, Range 4 West of the Willamette
Meridian; thence on section line between Sections 12 and 13
South 89° 22' East 5$2.12 feet; thence parallel with section
line between Sections 11 and 12, North 0° 1~' East 607.08
feet to the true paint of beginning of the following described
tract; running thence parallel with section line between
Sections 11 and 12, North 0° 1~' East 81.18 feet to the
centerline of Lorane Highway; thence along said centerline
North $1° ~1' East 2?8.08 feet; thence leaving said centerline
parallel with section line between Sections 11 and 12, South
0° 1~' West 857.~~ feet; thence parallel with section line
bet-~een Sections 12 and 13, North 89° 22' West 275.0 feet to
the true point of beginning, in Lane County, Oregon;
ALSO EXCEPT THEREFROM the following described tract of land:
Beginning at a point in the center line of Crest Drive County
Road No. X537 as resurveyed for construction in 1966, said point
being Highway Station Pao+5~.3~, which paint is 120.66 feet
North and 39.19 feet West of the 1/16 section corner at the
Northeast corner of the Southeast 1/~ of the Southwest 1/~ of
Section 12 in Township 18 South, Range ~ West of the Willamette
Meridian, being at the intersection of the centerline of Crest
Drive and the centerline of Chambers Street in the City of Eugene,
oregan; and running from said point South 15° 35' 30" West 1153.94
feet to a 1/2 inch iron pipe; thence West ~9~.54 feet to a 1/2
inch iron pipe; thence North 26° 50' 46" East 1435.20 feet to a
point in the center of Crest Drive; thence along the center of
Crest Drive North 82° 18' 34" East 6.67 feet; thence South 69°
26' 09" East 483.x$ feet along the center of Crest Drive to the
point of beginning, all in the Southwest 1/4 of said Section,
Township and Range ~.n Lane County, oregon;
ALSO EXCEPT beginning at the West 1/4 corner of Section 13,
Township 18 Sauth, Range ~ West of the Willamette Meridian, in
Lane County, oregon; running thence South 89° 42' East 1632.2
feet; thence North CO° 07' West 1319.96 feet to the true point
of beginning; running thence South $9° 42' East 41'T.$ feet;
thence North 00° 07' West 5D0.0 feet; thence North 89° 42~
West 267.0 feet; thence South o0° off' East 350.0 feet; thence
North $9° 42~ West 150.0 feet; thence South 00° 07' East 150.0
feet to the true point of beginning, in Lane County, Oregon.
CTwl~'S632
EXHIBIT A