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HomeMy WebLinkAboutOrdinance No. 19249ORDINANCE NO. ~~~,~a AN ORDINANCE AUTHQRIZING THE INSTITUTION of PRQCEEDZNGS IN EMINENT DOMAIN FOR THE ACQUISI- TION BY CONDEMNATZdN OF PROPERTY INTERESTS FOR THE CONSTRUCTION OE A SANITARY SEWER PUMP STA- TION, SANITARY SEWER, FARCE LINE AND~OR FACILI- TIES RELATED THERETO IN THE RIVER ROAD AND SANTA CLARA AREA; 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 by condemnation of private property for public purposes, including the construction, maintenance, operation, expansion and improvement of the sanitary sewerage system. The construction of sanitary sewer pump stations, sanitary sewers, force lines and/or facilities related thereto in the River Road and Santa Clara areas necessitates the acquisition by the City of certaa~n 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 most beneficial and practical location for the construction. The proposed improvements are in compliance with and in further- ante 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 applicable policies and agr-eements of the City of Eugene . The costs of delaying the project, the availability of inter- governmental grants, the savings from efficient construction manage- ment techniques and the need to provide sanitary sewers to serve the area require the City to act promptly to acquire the property inter- Ordinance - 1 i~zy9 ests for this project. Now, therefore, THE CITE' OF EUGENE DOES ORDA2~1 AS FpLLQWS: Section 1. Based upon the above findings, which are incorpor- ated 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 pump station, sanitary sewer, force line and/or facilities related thereto in the River Road and Santa Clara areas, all to be constructed in accordance with plans prepared by the City of Eugene Department of Public Works and approv- ed 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 con- demnation of the real property interests described in Section 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 therefor and for any com~- pensable damages to remaining property. Section 3. The City Council further directs that the City of Eugene shall obtain immediate possession of the real property inter- ests described in Section l if negotiations will delay the financing or construction of the described improvements. Section 4. The City Council further directs the City Manager to work with officials of EWEB and take all steps necessary to use a portion of the real property described as Tax Lot 17-04-10 3402 in Ordinance - ~ r9zvs Lane County, Oregon, to facilitate construction of the sewerage facilities. Section 5. The City Council hereby declares that the improve- meats above set forth are far a public purpose, are necessary for the public welfarer and are authorized under the laws of the State of Oregon and Charter and Ordinances of the City of Eugene. Section 6. The City Council further declares that the real property interests described in Section l 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 7. That the provisions contained herein concern the public welfare and theref©re, 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 day of 1984 ¢, City R corder Approved by the Mayor this S~1 day of 1984 Mayor Ordinance - 3. LAND ACQUISITION FOR SANITARY SEWER . IN RIVER ROAD AND SANTA CLARA 17-D4-10 3500 Nellie R. Wilson / Phil S. Rose Peter & Myra Stoppani 987 Fayette ave. Eugene, Ore 97404 Permanent Easement: 20 ft by 1750 ft Pressure and 14 ft by 350 ft Gravity lines Construction Permit: 100 f t by 1754 f t ~~ 75 ft by 350 ft 11~-04-10 3400 James & l~renda Winger - - 90~ Irving Rd. Eugene, Ore. 97404 Permanent Easement: 25 f t by 490 ft Pressure line Construction Permit: 50 ft by 49D ft Rump Station Site: 30 ft by 30 ft 11-04-10 1400 U S National Bank Trustee P O Box 3158 Portland, ore 97208 Permanent Easement; 20 ft by 3000 ft Pressure and Constrution Permit: 100 ft by 300D ft Gravity lines 17-04-10 1401 Carolyn McDonald Chambers 8fi220 Dery Rd. Pleasant Hi11, Ore. 91401 Permanent Easement: 20 ft by 14DD ft Pressure and Construction Permit: l0O ft by 155D ft Gravity lines EXHIBIT A - 1 l9z y9 11-04-03-3 4000 Carolyn McDonald Chambers 86220 Dery Rd, P1 easant Hi ~ ~, Ore. 91401 Permanent Easement: 20 ft by~150 ft Pressure and Construction Permit: 100 ft by 750 ft Gravity lines Pump Station Site; 115 ft by l30 ft 11-04-03 200 Gordon W Elliott 938 Jefferson St, Eugene, Ore. 97402 Permanent Easement: 20 ft by 5300 ft Gravity line Construction Permit: l00 ft by 5300 ft 17-04-02 3200 Cascade Title Co. / Mabel H Chadwick -1234 High St. Eugene, Ore. 97401 Permanent Easement: 20 ft by 2620 f t Gravity line Construction Perri t: 100 ft by 2600 ft 11-04-02-21 1901 Charles & Eva Fuehl 4190 River Rd. Eugene, Ore. 97404 Permanent Easement; 20 f t by 110 ft Gravity line Construction Permit l5 ft by l10 ft 11-04-02-21 1902 Andrew S ~ Karen L Chapin 4210 River Rd Eugene, Ore, 91404 Construction Permit: 10 ft by 260 ft Gravity line 11-04-02-12 416 EXHIBIT A - 2 Dennis ~ vicki Dring 4310 Scottdal e St. Eugene, Ore. 97404 Pump Station Site: 2O ft by 20 ft igzyq ~ 7-04-02-44 502 Lorna D Dams ~ ey 1910 River Rd. Eugene, Ore. 97404 Pump Station Site: 30 f t by 30 ft 17-04-04 3200 B J Peters / E P Brockett Tom R Maks P 0 Box 2944 - Eugene, Ore. 91402 Pump Station Site: 45 ft by l0 ft 17-04-15 300 Burlington Northern Inc. 999 Third Ave. Seattle, Washington 98104 Pump Station Site: 50 ft by 50 ft EXHIBIT A -- 3 - ~~,~ ~ - ~, I i ~ ~ .