HomeMy WebLinkAboutOrdinance No. 18922ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE INSTITUTION OF PRO-
CEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION BY
CONDEMNATION OF PRQPERTY INTERESTS AND TEMPORARY
AND PERMANENT EASEMENTS FOR THE PURPOSES OF STREET
~IDENTNG, SIDEwAI,K CONSTRUCTION, AND CONSTRUCTION
OF DRAINAGE AND SEWER SYSTEMS ON NORKENZIE ROAD,
FROM BELTZ~INE ROAD TO l2Q FEET NORTH OF CRESCENT
AVENUE; AND DECEARING AN EMERGENCY.
The City Council of the City of Eugene finds that:
The City 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 pur-
poses, including the widening and improvement of city streets and
sidewalks, and the construction of drainage and sewer systems.
The City of Eugene is in the process of improving city streets
and widening intersections in order to facilitate the safe and eff i~-
cient movement of traffic over the streets. Because the increased
volume of traffic using Norkenzie Road in its present condition will
create a traffic hazard endangering persons and property, it is
necessary to improve the flow of traffic thereon by widening the
street.
The City of Eugene is also in the process of improving, expandw
ing, and maintaining the city sewer and drainage system in order to
provide far the proper disposal of sewage and drainage in a safe and
healthy manner, which is necessary for the preservation and protec-
tion of the health and safety of the citizens of the City.
The street widening, sidewalk construction, and construction
of drainage and sewer systems on Norkenzie Road from Beltline Road
Ordinance - 1
18922
to 120 feet North of Crescent Avenue necessitates the acquisition
by the City of fee simple title, permanent easements, and tempor-
ary construction easements to portions of the parcels of real prop-
erty described an the attached Exhibit "A", which in the City's
judgment constitutes the most beneficial and practical location
for the improvements. .
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 the provisions of
the Eugene Code, 1971, and applicable policies and agreements of the
City of Eugene. Now, therefore,
THE CITY of EUGENE DOES ORDAIN AS FQLL4W5:
Section 1. Based upon the above findings, the City Council of
the City of Eugene does hereby find, declare, and determine it neces-
sary to acquire fee simple title, permanent easements, and temporary
construction easements to portions of the real property more parti-
cularly described on Exhibit "A", which is attached hereto and in-
corporated herein by reference, in order to accomplish the widening
of Norkenzie Road, construct sidewalks, and construct, reconstruct,
and maintain storm and sanitary sewer line or lines, including all
appurtenances thereto along Norken~ie Road from Beltline Road to
124 feet North of Crescent Avenue. That the above improvements are
in accordance with the plans prepared by the City of Eugene Depart-
ment 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 con-
Crdinance - 2
18922
demnation of the above described interests in real property, 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 far any com~-
pensable damages to remaining property.
Section 3. The City Council hereby declares that the improve-
menu above set forth are for a public purpose, are necessary for
the public welfare, and are authorised under the laws of the State
of Oregon and the Charter and ordinances of the City of Eugene.
Section 4. The City Council. further declares that the inter-
ests in the real property described on Exhibit "A"hereto shall be
used by the City of Eugene for public purposes at the earliest pos-
sible 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 5. That the provisions contained herein concern the
public welfare and safety and therefore, an emergency is hereby de-
Glared to exist, and this Ordinance shall be effective immediately
upon its passage by the City Council and approval by the Mayor.
Passed by the City Council this
_~ day of 1982
City Reco er
Approved by the Mayor this
day of ~ 1982
Mayor
Ordinance - 3
18922
EXHI$IT "A"
Norkenzie Road Right-of-wa From Beltline Road to l20 Feet North
of f''r~aer+r~n+- ~tr~an~~A
17-04-17- 3 2 Joseph R. and Marsha L. Skinner
3002 2655 Norkenzie Road, Eugene, Or 97401
17-43-17- 3 2 Andrew C. and Ruth E. Munson
3102 P, O. Box 10858 - 844 Russet Drive,
Eugene, Oregon 97440
property 1605 Holly and 2691 Norkenzie~
17-03-1S-1 4 Sharon Ann Smith
1200 2706 Norkenzie Road, Eugene, Oregon 97401
17-03-18- l 4 Charles D., -7r, and Loreece Bolerjack
100 1592 Greenacres Road, Eugene, oregon 97401
17-03-18--1 4 Lee F, and Rosemary Philpott
1300 c/o George w., Jr. and Esther Hansen
1591 Greenacres Road, Eugene, oregon 97401