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HomeMy WebLinkAboutOrdinance No. 18964ORDINANCE NO. ~~_ AN ORDINANCE AUTHoRI~ING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUI- SITION BY CONDEMNATIoN of PROPERTY FOR PARR LAND; The City Council of the City of Eugene finds that: mhe City has authority under provisions of the City Charter and applicable state law to institute proceedings in eminent domain far the acquisition by condemnation of private property within and without its corporate limits for the purpose of public parks. By Resolution No. 2468 adopted by the Common Council on Decem- ber 22, 1975, the Bethel Danebo Neighborhood Refinement Plan was adopted. This Refinement Plan recommends generally that the acqui- sition of park land in Bethel-Danebo should receive a city-wide priority and specifically that park land north of Barger Drive be acquired to serve that somewhat isolated area. At a special election held within the City on June 26, 1979, a measure was referred to and approved by the voters authorizing the Common Council to issue general obligation bonds in the amount of $4,0~~,404 to acquire land for expanding the City's park and recreational facilities and preserving the South Hills Ridgeline. The property more particularly described on Exhibit "A" hereto is within the area in which the Bethel-Danebo Neighborhood Refine- ment Plan recommends that acquisitions of land be made. The policies and goals of the Bethel-Danebo Neighborhood Re- finement Plan and the directive of the voters of the City can best be met by the acquisition of the real property described on Exhibit ordinance - 1 1896'! "A" hereto. Now, therefore, based upon the above findings, and the record and testimony before the Council, THE CITY OF EUGENE DOES oRDAIT~ A5 Fo~~owS: Section 1. The City Council of the City of Eugene does hereby find, declare, and determine it necessary to acquire for the purpose of expansion of the City's park and recreational facilities in accordance with adopted policies and directives of the voters of the City, fee simple title to 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 shall institute proceedings in eminent domain for the con- demnation of the above described interests in real property described on Exhibit "A" hereto, 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 compensa- tion therefor and for any compensable damages 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 .Exhibit "A" hereto is for a public purpose, is necessary for the public wel- fare, and is authorized under the laws of the State of Oregon and the Charter, ordinances and policies of the City of Eugene. Section 4. That the interests in real property heretofore des- cribed 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 ~~ayor . ordinance - 2 1896 Section 5. The known owner of record or party of interest of the real property for which the City is hereby authorized to acquire title in fee by condemnation is oral. J. Graville, as re- flected on the preliminary title report attached hereto as Exhibit IE ~p 11 r Passed by the City Council this ~~~ day of 1982 City Recorder Approved by the Mayor this ay of 1982 Mayor ordinance - 3. F ~ ' ,' ~ r , ~, r ~ ~ t .,~ l~1-04-15, TAX LOT 3100, JOB NUMBER 2022 date 4-14w$2 A parcel of 1 and i n the West one-hal f of the southwest one-quarter of - the southwest one-quarter of Section 15, Ta~~nshi p 11 South, Ran e 4 West g . . of the Wi l l arnette Meridian and being r~ore particularly described as fol 1 oars: . Beginning at the iron pin marking the Southti~est corner of Lot 16 of C1 arey Plat Second Addition as platted and recorded i n F i 1 e . T3 , S1 i de 360 of Lane County Deed Records ~ n Lane ~ County, Oregon; thence South 186.15 . feet on a line being the southern extension of the east ri ht of wa i g y 1 ne of Wagner Street as dedicated i n Cl arey Plat Second Addi ti on ~ thence South S9° 31 ' S5" east 164.72 feet al ong a 1 i ne 186.15 feet from and oral 1 . p el to the south boundary of C1 arey P] at Second Addition; to the East line of the ~~'est one-hal f of the southwest one-quarter of the soutf~west one- uarter of q sal d Section 15, thence North DO° 13 ` D7" East 186.15 feet al on g said East 1 i ne of the ~~est one-hal f of the southti~est ane-quarter of the southwest one-quarter of said Secti an 15, to a poi nt on the south boundar of C1 ar y ey P1 at Second Addition, said point bei n South 89° 31 ' 55" East 50. 9 3~ feet from the iron pin marking the Southwest corner of Lot 21 . of said Cl arey P1 at Second Addition; thence North 89° 31 ' 55" west along sal d south . boundary 165.42 feet to the pv i nt of beg? nni ng all i n Section 15 Townshi p 17 South, Range 4 ~~est of the wi 11 amette ~~eri d7 an and cantai ni n D.71 9 acres. . Lx+~ibi~ "1~" ` , SYGVANUS SMITH ~~ ~ ~ PRE54i~E~{T FRED McMAHQN VICE PRESIi~ENT CASCADE TITLE C~MP~ANY 1075 OAK STREET ~ EUGENE, OREGaN 91~0~ TEI.EPHaNE fi87-2233 .,mow PREL~MlNARY REPORT April l4, 1982 SUPPLEMENTAL City of Eugene Parks and Recreation Dept. 858 Pearl Street Eugene, Oregon 97401 Attn: Walt Haniuk T1Ti.~ INSURANCE EscROws fur No. 157293 Your No. Gentlemen: We are prepared to write Title Insurance ~PNT17 covering the followin . g described premises, to-wit: The West 1/2 of the Southwest quarter of the Southwest quarter of Section 15; Township 17 South, Range 4 West of the Willamette Meridian, in Lane County, Oregon; EXCEPT THEREFROM the South 40.0 feet; showing title as of April 12, 1982, at 8:00 A.M., vested in: ORAL. J, GRAVILLE Subject to the usual printed exceptions, and 1. City liens, as levied by the~City of Eugene, for Paving, Account No. 75oo28-On60, in the amount of $6,$17.74, plus interest and for Paving, Account No. 750028-0061, in the amount of $2;637,60, deferred assessment. 2. As disclosed by the tax roll the premises herein described have been classified for farm use, At any time that said land is disqualified for such use the property will be subject to additional taxes or penalties and interest. '~ NOTE: Taxes, Account No. 0396646, Assessor's Map No. l? 04 15,'#3100, Code 52-12, 1981-82, in the amount of $13.1.03, PAID IN FULL. Very truly yours, CASCADE TI COM~~~ bow cc: Charles Thompson & Assoc. 1553 Oak Street Eugene, Oregon 97401 16/19 L~hibit "~" No liability is assumed hereunder until ~uII policy premium has been paid.