HomeMy WebLinkAboutOrdinance No. 18929ORDINANCE NO . ~~ q~_
AN ORDINANCE AUTHORIZING THE INSTITUTION 4F PRO-
CEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION BY
CONDEMNATION OF PROPERTY INTERESTS AND TEMPORARY
AND PERMANENT EASEMENTS FOR THE PURPOSES OF STREET
WIDENING, SIDEWALK CONSTRUCTION, AND CONSTRUCTION
OF DRAINAGE AND SEWER SYSTEMS ON DANEBO AVENUE
FROM WEST 11TH AVENUE To ROYAL AVENUE; AND DECLAR-
ING 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 impraving city streets
and widening intersections in order to facilitate the safe and effi-
cient movement of traffic over the streets. Because the increased
volume of traffic using Danebo Avenue between West 11th Avenue and
Royal Avenue 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 impraving, expand-
ing, and maintaining the city sewer and drainage system in order to
provide for the proper disposal of sewage and drainage in a safe and
healthy manner, which is necessary far 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 Danebo Avenue from West 11th Avenue
Ordinance - l
18929
to Royal Avenue necessitates the acquisition by the City of fee
simple title, permanent easements, and temporary construction ease~-
meats to portions of 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 improvements.
The proposed improvements are in compliance with and in further-
once 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 Q~' EUGENE DOES ORDAIN AS Fo~,~,QWS ;
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 mare parti-
cularly described on Exhibit "A", which is attached hereto and in-
corporated herein by reference, in order to accomplish the widening
of Danebo Avenue, construct sidewalks, and construct, reconstruct,
and maintain storm and sanitary sewer line or lines, including all
appurtenances thereto along Danebo Avenue from West 11th Avenue to
Royal Avenue. That the above improvements are in accordance with
the 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 far the con-
demnation of the above described interests in real property, and, at
least 2Q days prior to the filing of any action for condemnation to
Ordinance - 2
18929
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 hereby declares that the improve-
meats above set forth are for a public purpose, are necessary for
the public welfare, and are authorized 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 conta~,ned herein concern the
public welfare and safety and therefore, an emergency is hereby de-
dared to exist, and this Ordinance sha11 be effective immediately
upon its passage by the City Council and approval by the Mayor.
Passed by the City Council this
!~~ day of ~y 19 8 2
City Recorder
Approved by the Mayor this
ay of 1982
Ma r
Ordinance - 3.
$929
EXHIBIT' "A"
Danebo Avenue Right-of-wa From West llth Avenue to Royal Avenue
17-04-25 Bohemia, Inc.
1300 2280 Oakmont V~ay, Eugene, Oregon 97401
17-04-25 Paul W. Gardiner
2000 1740 West 13th Avenue, Eugene, Oregan 97402
17-04-25 TNland Properties
1640 c/o Hone International
Sung Ho Hone & Hone International Co., a
corporation}
944 West 5th Street, Eugene, Oregan 97402
17-04-28 Gladys Nielsen done half interest}
l00 R.E. Nielsen and R. K. Nielsen trustees as to
one half interest
310 Cherry Drive, Eugene, Oregon 97401
17-04-28 1 State of Oregon
3705 State Highway Commission, Salem, Oregan 97310
17-04-33 Danebo Development Co.
S00 ~An Oregon General Partnership comprised of
Don R. Colt, Marcia A. Colt, Emerson J.
Collier and Frances J. Collier
500 S. Danebo Avenue, Eugene, Oregon 97402
1?-04-33 Emerson J. Collier
400 & 500 P. 0. Box 673, McMinnville, Oregon 97125
17-04-33 John J. .and Lucille Monogue
600 c/o Jack L. and D.N. Marr
86570 Greenbrier Drive, Eugene, Oregon 97402
17-04-25 l Lane County
3701 County Owned Lands Department
17-04-28 Marlin J. Olsen
1900 41 N. Danebo Avenue, Eugene, Oregon 97402
17-04-28 Pitchfard's Inc.
1513 ~ 1799 P. O. Box 10072, Eugene, Oregon 97401