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HomeMy WebLinkAboutOrdinance No. 18966ORDINANCE ND. 15966 AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FDR THE ACQUI-- SITIDN BY CONDEMNATION OF PROPERTY FOR THE PRESERVATION DF THE SOUTH HIL-~S RIDGE~INE; AND DECI,ARZNG 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 within and without its corporate limits for the purpose of public parks. By Resolution No. 2D7D adopted by the Common Council on June 26, 1972, the South Hills area of the City was designated as an area for special study. Subsequent to that date public hearings were held, and on June 1D, 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 and 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 p®licy statements. 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, DDO, ODD to acquire land for expanding the City's park and re- creational facilities and preserving the South Hills Ridgeline. The property more particularly described on Exhibit "A'r hereto is within the area in which the South Hills~Study recommends that acquisitions of land be made for preservation of the South Hills Ridgeline. ordinance - 1 18966 The policies and goals of the South Hills Study and the direc- tive 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 EUGENE DOES QRDAIN AS FoE~,QwS: Section 1. The City Council 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, fee simple title to the real property mare fully described on Exhibit "A" attached hereto, and incorporated herein by reference. Section ~. 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 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 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, Qrdinances 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 far public purposes at the earliest possible date and, in any event, no later than ten Ordinance - 2 18966 years from the date this Ordinance is adopted by the Council and approved by the Mayor. Section 5. The known owners of record or parties of interest of the real property for which the City is hereby authorized to acquire title in fee by condemnation are Hugh B. Wood and Helen L. Wood, as reflected on the preliminary title report attached hereto as Exhibit "B'~ . Section 6. Based upon the public need and necessity herein- above set forth, an emergency is hereby declared 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 l2th day of May,. 1982 ~S City ecorder Approved by the Mayor this - a f May, 1982 Mayor Ordinance - 3 •'F. ~ ^ ~ ,F ~ ~ f ~,` Y ~ ~~ CAC7N~C[~ ~~ ~ 1~, ~ ~k~.~~~ ~~ ~ . ~r ~~ owe ~ . `:. ~ ; . ; . ; , ~ ~ ; . .. L~ o. c ~,w..+„~'~:rnY,~,;~~ R~GIST~RED LAND SIJRVEYbR • ~•••i7• ~ a co f ~ ~ ~ ~ f ,,~~ ~ ~f ~~: uURC ~oA ~ . a - su~r~ sae ~ .. ;;~ ` ~ r tLYi' -~wa~w.:~ ~ ~ ~ ~ ~ i~ C ~KS.OarG+~+ ~ GON 974ai r a .. L .... ... .... , . PiiON~ 683.4194 ~ ~ . , zr~ ~;.~ ..~, , F ,... ~ ~ . •: ~j :. ' ~ CITY OF EUGENE . PARKS DEPARTMENT C/D WALT RANI UK RE: SURVEY NO, 8280 - WOOD PROPERTY ~~-~~:~ ~'~.~ DESCRIPTION . ~~ .. BEGINNING AT THE SOUTHE AST CORNER OF SECTION 13 T SOUTH, RANGE 4 WEST ~ DWNSHIP 18 DF THE 00°02~35Qi WILLAMETTE MERIDIAN; THENCE ` EAST ALONG THE EA RUN NORTH ST ~r LINE OF SAID SECTION 13 A OF 1504.02 FEET T D THE TRUE PAINT DF BEGINNI DISTANCE DESCRIBED NG ~'~ . TRACT• SA OF THE. HE ~ ID POINT BEING REFERENC ~~ REIN _ THENCE CONTINUING ED BY A 5/8 ° , ND IRO RTH o0 02 35°' EAST ALONG TH N ROD; SAID SECTION 13 A p E EAST LI NE OF ISTANCE .~ ,~' OF 415,79 FEET~TO T DF THAT CERTAIN TRACT pF LA HE SOUTHEAST CORNER DESCRIBED D ND CONVEYED TD THE CIT N Y >.. DF EUGENE AND THAT CERTAIN DEED RECORDS D JULY 114fiR + ~~ °~ INSTRUMENT NO, 813 15, 1981 DN REEL 0513 LANE COUNTY THENCE LEAVING SAID OREGON DEED RECOR DS SEC `~ ~ ; TION LINE AND RUN NORTH ~ THE SOUTHERLY BOUNDARY~DF 67°29'50" WEST ALO NG SAID TRACT OF LAND CDNVE . DF EUGENE AS DESCRIBED ON SAID REEL 114 YED TD THE CITY A DISTANCE DF fiR INSTRUMEN ' ' ;~ 801, T N0. 8 1 THENCE NO f2 FEET TO THE SOUTHWEST CORN 130513 ER OF SAID T RTH 00° 23 1~8" EA RACT ~ ` ; ST AL OF LAND CDNVE ONG THE WEST BOUNDARY DF SAID TRACT YED TO THE CITY OF '~ EUGENE AS 1146R INSTRUMENT NO, 81305 DESCRIBED ON SAID 'REEL 13 A '~ O DISTANCE N THE SOUTHERLY RIGHT OF WA DF 582.17 FEET TD A POINT Y LINE OF A THENCE SOUTH fib°55'2Q" WEST 60.0 FOOT PUBLIC ROAD; ALONG SAID RIGHT OF WAY~88,gg THENCE SOUTH 5g°31' ,f 35 WEST ALONG SAID FEET; RIGHT DF THENCE LEAVING SAID RIGHT OF WAY 141.41 FEET; WAY LINE . AND RUN SOUTHWESTERLY THE ARC OF A 134.44 FOOT RAD ALONG IUS CURVE LEFT tTHE CHORD OF W BEARS SOUTH 35°28' +t HICH 34 WEST 1Qg,5$ FEET} A DISTA THENCE SOUTH 1 1 ° 25 .34" WEST 367, NCE DF 1 12.86, FEET; 07 FEET A ~ . , THENCE 481.59 FOOT RADIUS C ~LDNG THE ARC OF URVE LEFT THE ° ' 1 CHORD OF WHIG 59 47" WEST 157.84 FE H BEARS SOUTH ETA A DISTANCE OF 1 7°2 ' " 58.55 FEET• 6 40 EAS T 23fi.17 FEET; THENCE ALONG T ~ THENCE SOUTH RADIUS HE ARC OF A 204.48 FOOT CURVE LEFT tTHE CHORD 179,67 FEET} A pI OF WHICH BEARS SOUTH 33°29'37" STANCE EAST OF 186.01 FEET; THENCE ° ~ 335.51 FEET; THENCE ALONG TH SOUTH 59 33 14" EAST E ARC ~~ DF A 404.06 FOOT RADIUS RIGHT tTHE CHORD r~ CURVE DF WHICH BEARS. SOUTH 40°2 ' A D 37 6 ISTANCE OF 269.54 FEET• T ° EAST 264.57 FEET) HENCE SOUTH ' 21 20 EAST 81,7Q F THENCE ALONG THE ARC DF A 69, SET; 29 FOOT RADIUS DF ' ~ fHI CH BEARS SOU CURVE LEFT . ~ THE . FEET T TH a4°20' EAST 75.48 FEET) A D CHORD HENCE SOUTH 87 20' EAST 398,37 ISTANCE OF 78,82 FEET TO THE TRUE BEGINNING IN POINT DF LANE COUNTY O REGDN, CONTAINING 15.30 ACRES M ORE DR LESS. ~~~1~3J1~ ~~~~r r.. ~?YI,,,VANUS 5Mf1'H ~ pR~sIO~NY . , FRE^ MCMAHQN VICE PRESIDENT CASCADE TITLE COMPANY 1075 OAK STREET ~ EUGENE, OREGON 91401 TELEPHONE 687-2233 ~. PRELfMINARY REPORT ~~ . April 14, 1982 AND SUPPLEMENTAL City of Eugene Parks and Recreation Dept. 858 Pearl Street Eugene, Oregon 97401 Attn: Walt Haniuk "rITL.~ ~NSIJRANCE ~scROws dur No,157o~g Your No. Gentlemen: We are prepared to write Title .Insurance ~PNT17 covering the following described premises, to-wit: ( A T T A C H E D) showing title as of April 1~, l9$2, at 8:00 A.M,, vested in: HUGH B. WOOD and HELEN L. WOOD as~tenants by the entirety Subject to the usual printed exceptions, and 1. For tax purposes, the herein described property has been classified as Western Oregon Small Tract Option land pursuant to O.R.S, 31.705 to 321.765. If the land becomes disqualified for the special assessment under the statute, an additional tax and interest thereon may be levied. Anew owner has period of 6o days from the date of sale or transfer within which to apply for such special assessment. ~. Easement and right of way granted Pacific Telephone & Telegraph Company by instrument recorded in Book 3~5, Page 389, Lane County Oregon Deed Records. . 3. Easement for pipe line and low voltage power line granted Hill Crest Water District by instrument recorded September 6, 1955, Reception No~. 6544, Lane County Oregon Deed Records. ~Na location givens . ~. Agreement to convey the sites of .two water tanks to the above water district~as set forth in instrument recorded September 6, 1955, Reception No. 65444, Lane County Oregon Deed Records. ~No description given} 5. Power line easement to the City of Eugene by instrument recorded April ~5, 1960, Reception No. 97563, Lane County Oregon Deed Records. 6, Easement for access road and underground cable, including the terms and provisions hereof, granted to Pacific Northwest Bell Telephone Company, a corporation, as set forth by instrument .recorded September '9,1966, Reception No. 6069, Lane Caunty Oregon Deed Records. --cantinuedw ~xlzibit "~°' No liability is assumed hereunder until full policy premium has been paid: ' ~ . 4 ' t ~ ~ , Our Nor 15?079' Page --2-~ . 7. Easement for cables, including the terms and provisions thereof, granted to Teleprompter Cable Systems, Inc., doing business as Teleprompter of Oregon, a corporation,. as set forth by instrument recorded June 26, 1972, Reception No. 5631, Lane County Oregon Recards.' $, Easement for. electric cable, including the terms and provisions thereof, granted to Pacific Northwest Bell Telephone Company, a corporation, as set forth by instrument recorded August 27, 1974, Reception No. 7437060, Lane County Oregon Records. . 9. Easement for public road, including the terms and provisions thereof, granted to Lane County, a political subdivision of the State of Oregon, as set forth by instrument recorded May 10, 1976, Reception No. 7622001, Lane County Oregon Records. NOTE: Taxes, Account No. 073162$, Assessor's Map No. 18 44 13, #350x, Code 4-Ol, 1981--82, in the amount of $184.06, PAID IN FULL. western Oregon Small Tracts bow 11/2-6 Very truly yours, CASCAD ITLE OMPANY BY;