Loading...
HomeMy WebLinkAboutOrdinance No. 18762ORDINANCE NO. ~76 2,• AN ORDINANCE AUTHORISING THE INSTITUTION OF PROCEEDfiN'OS IN EMINENT DO~iArN FOR THE ACQUI-- SITIoN HY CoNDEMNATIoN OF PRQPERTY FOR THE PRESERVATION OF THE SOUTH HILLS RIDGELINE; AND DECLARING AN EMERCE~VCY. The City Council of the C~.ty of Eugene finds that: It has authority under provisions o~ the City Charter and applicable state law to institute proceedings in eminent domain for the acquisition by candemn~tion of private property within and without its corporate limits for the purpose of public parks. By Resolution No. 2070 adopted by the Common Council on June 26, 1972, the South Hills area of the City was designated as an area for special stu~,y. Subsequent to that date public hear~,ngs were held, and on June 10, 1974 the Common Council, by Resolution No. 2295, adopted the policy statements set forth in the South Hills Study attached thereto and directed that a study a,nd analysis be made of the costs involved in the acquisition of property within the South Hills area to carry out the purposes set forth in the policy statements. At a special election held within the City on September 21, 1976 a measure was referred to and approved by the voters directing the Common Council to acquire land for expanding the City's park and recreational facilities and, preserving the South Hills Ridge-~ line. The property more particu~,ariy described on Exhibit "A" hereto is within the area in which the South Hi11s Study recommends that acquisitions of land be made for preservation of the South Hills Ridgeline. Orda.nance -- 1 l$762. The policies and goals of the South Hi~,ls Study and the direr-- tine of the voters of the City can best be met by the acquisition of the real property described on Exhibit "A" hereto. Now, therefore, based upon the above findings, and the record and testimony before the Council, THE CITY' of ~UCENE DoE5. oRDA2N AS k'QL~OWS: Section ~.. The City Gounci~, of the City of Eugene does hereby find, declare and determine .it necessary to acquire for the purpose of preservation of the South Hills ridgeline in accordance with adopted policies and directives of the voters of the City, the real property more fully described on Exhibit "A"~ attached hereto, and incorporated herein by reference. Section 2. The City Council does hereby direct that the City of Eugene sha~~. institute pxviceedings in eminent domain for the condemnation of the above described interests in real property des- cribed on Exhibit "A'` hereto, and at least twenty ~20~ days prior to the filing o~ any action for condemnation to make a written offer to the owners or parties haying an interest in the property of a stated amount as compensation therefor and for any compensable dam- ages to remaining property. Section 3. The City Council does hereby declare that the ac- quisition of the fee title to the real property described on Ex- hibit "A" hereto is for a public purpose, is necessary for the public welfare, and is authorised under the laws of the State of Oregon and the Charter, ordinances and policies of the City of Eugene. Section 4. That the interests a.n reai property heretofore ordinance - 2 18762 described shah, be used by the City of Eugene for public purposes at the earliest possible date,. and %n any event, no later than ten years from the date this Ordinance is adopted. Section 5. The known owner o~f retard o~ the real property for which the City is hereby authorized to acquire title .gin fee by condemnation is the American-Nepal Education Foundation, an Ore on ~' Non-profit corporation, subject to any interest of Joseph V~. Creen as Buyer, as disclgsed by a Memorandum o~ Contract of Sale recorded April 27, 1979, Reception No. X924553, Lane County Oregon Records, Section ~. used upon the public need and necessity herein~- above set forth, an emergency is hereby declared to exist, and this Ordinance shall become effective imYnediate~,y upon its passage by the City Council, and approval by the Mayor, Approved by the Mayor this day o ~ , 19 8l ~. .A f r r 1 Co~r~c:~ President, Acts ng Mayor Ordinance -~ 3. Passed by the C,~ty Council this ~ _ ~ ~, ~ " ~ ~\ ~ . 1876. Beginning at the iron pipe marking the Northeast corner of Section 13 Township l$ South, Range ~ West of the Willamette Meridian; thence South D° 02' East, 1320,00 feet along an existing property line fence ,to an iron pin which is by record South $9° 42' East, 68.73 chains, North 20.0 chains and South $9° 42' East, 11.22 chains f ram the one- quarter corner on the~West line of Section 13, said Township. and Range, and which marks the true paint of beginning; thence South 200D,04 feet along the East line of said Section to a point; thence Northwesterly to a point which bears North $9° 58' Vest, 740.52 feet and South 0° 02' East, 17pD.00 feet from the true point of beginning; thence North D° 02' West, $82.36 feet to a point on the .Southerly right of way line ~ of a 60. DO foot County Road; thence North 6$° 31' 45" East, 20.99 feet along said right of way line to a point; thence North 41° 20' 45" East, 129,34 feet con~inuing along said right of way line to a point; thence North l3° 33' 45" East, 154,11 feet continuing along said right of way line to a point; thence North 32° 44' 22" East, 16$.60 feet continuing along said right of way line to a point; thence North $° 52' East, 72.41 feet cantinuing along said right of way line to a paint; thence continuing along said right of way line and the arc of a curve to the right having a radius of 25,Q0 feet to a paint which bears North 49° 27' East, 32,53 feet from the last described point; thence South $g° 5$' East, 26$,46 feet continuing along said right of way line to a point; thence North 328.38 feet to a point;~ thence South 89° 5$' East a 203.38 feet to the true point of beginning, in Lane County, Oregon. EXHZB~~1 "~`''