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HomeMy WebLinkAboutOrdinance No. 18965ORDINANCE NO. AN ORDINANCE AUTHORISING THE INSTITUTION OF .PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUI- SITION BY CONDEMNATIoN of PROPERTY FOR PARY LAND; The City Council of the City of Eugene finds that: The City has authority under provisi®ns of the City Charter and applicable state law to institute proceedings in eminent domain for the acquisition by condemnation of private property within and without its corporate limits for the purpose of public parks. By Resolution No. X465 adopted by the Common Council on Decem- ber 2z, 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,oDO,ooo to acquire land for expanding the City's park and recreational facilities and preserving the South Hi11s 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 - l 189b5 "A" hereto. Now, therefore, based upon the above findings, and the record and testimony before the Council, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Eugene does hereby find, declare, and determine it necessary to acquire far 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-- damnation of the above described interests in real property described on Exhibit "A" hereto, and at least 2Q 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 compensab~e 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- f are, 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 Mayor. ordinance - 2 18965 Section 5. The known owner of record or party of interest of the real property far which the City is hereby authorized to acquire title in fee by condemnation is Gra~rille Properties, Ltd., as reflected on the preliminary title report attached hereto as Exhibit "B". Passed by the City Council this day of 1982 City Recorder Appra~red by the Mayor this day of 1982 P~ayor ordinance - 3. C F • ~. 11-O4wl 5, TAX .LOT 3204 ~A PORTION OF ~ JOB NUMBER 2022 4-l 4-82 . . ~~ A parcel of land i n the East one~ha] f of the Southwest one uarter of q the Southwest one quarter of Section l 5, Townshi l l South Ran e 4 We~ t p s 9 s ,~ of the Willamette Meridian and being more particularly described as fol 1 ows: Beginning at the 2 i nch iron pipe marking the Initial Point of Clare y P1 at Second Addition as platted and recorded i n Fi 1 e 73 S1 i d e 364 of Lane . County Deed Records i n Lane County, Oregon; thence North 89° 31 ' 55" West . 419.61 feet slang the south boundar of said C1 y grey Plat Second Addy t~ o~~ to a poi nt South 89° 31 ` 55" East 50.36 feet from ~ the iron i n m p ark ~ ng the Sauthwe st corner of Lot 2l of sal d Cl arey Plat Second Addition thence South 44° l 3' ~l" West 186.15 feet, al on the 1~est line of the 9 East one-hat f of the southwest one- uarter q of the southwest one quarter of said Section 15, thence South 89° 31 ' 55" East 424.31 feet al on a l ' g one 186.15 feet from and .Para] 1 el to said south bound r . a y of Claret' Plat Second Addition to the paint of intersection of th ' ' . ~s line and the southern extension of the west ri ht of wa line o 9 y f Mangan Street, ~ say d 1 ~ ne also ~bei ng the East boundary 7 i ne of C1 are Plat Se ' . y coed Addy t~ an ~ , thence North along said west line of Mangan Street 186.15 feet to the of n p t of beginning all i n Section 15, Townshi 11 South p ,Range 4 West of the Willamette Meridian and containing l .l9 acres. 1~x~i~it "A" . s 5YLVANUS SMITH PRESIDENT ~ FRED McMAHON VICE pRBSI~ENT CASCADE T[TLE C~~IPANY 1D75 OAK STREET * EUGENE, OREGON 9741 . ~ TELEPHONE 687-233 . ~, ,~ PRELIMINARY REPORT April l~, l9$2 SUPPLEMENTAL City of Eugene Parks Department 777 Pearl Street Eugene, Oregon 97401 ATTN: Walt Haniuk Gentlemen; TIYLE INSURANCE ESCROWS fur No. 15729 Your No. We are prepared to write Title Insurance ~PNTI} covering the following described premises, to-wit: The East 1/2 of the Southwest 1/~ of the Southwest 1/~ of Section l5, Township 17 South, Range ~ West of the Willamette Meridian, in Lane County, Oregon; . EXCEPTING the South ~0 feet thereof; ,. showing title as of April 12, 19$2, at $:00 A.M., vested in: GRAVILLE PROPERTIES, LTD. Subject to the usual printed exceptions, and 1. City liens, as levied by the~City of Eugene, far paving Accaunt No. 7500$--0050, in the amount of $6,251.59, plus interest; for sewer, Accaunt No. 790002-0920, amount of $$53.39, plus interest; far sewer, Account No. 79oao2-0930, in the amount of $853.39, plus interest and for paving, Account No. 75002$-0051, in the amaunt of $2,63$.3, deferred. 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. 3. Oil and gas lease, including the terms and provisions thereof, granted to Mobil Oil Corporation., by instrument recorded August 27, . 1975, Reception No. 75362.67, Lane County Oregon Records. NOTE: Taxes, Account No. 0396653, Assessor's Map No. 17 0~ 15 #3200 a Code 52-12, 19$1-82,~~in the amount of $131,03, PAID IN FULL. " ~Farmland~-Potential Additional Tax Liability} Very truly yours, ' ~ ~ CASCA TITL COMPANY. BY : .. bjw 17/7 _ ~ ~~hihit "li" No liability is assumed hereunder unEil full policy premium has been paid.