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HomeMy WebLinkAboutOrdinance No. 18999ORDINANCE N0. -'-y~=F.=f AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION BY CONDEMNATION OF PROPERTY INTERESTS FOR THE PURPOSES OF STREET WIDENING, SIDEWALK CONSTRUCTION ON WEST 11TH AVENUE FROM GARFIELD STREET TO ARTHUR STREET; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene f Inds 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 purposes, including the widening and improvement of city streets and sidewalks. The City of Eugene is in the process of improving city streets and widening intersections in order to facilitate the safe and efficient movement of traffic over the streets. Because the increased volume of traffic using west llth Avenue between Garfield Street and Arthur Street in its present condition will create a traffic hazard endangering persons and property, it is necessary to improve the flaw of traffic thereon by widening the street and constructing sidewalks. The street widening and sidewalk construction on West 11th Avenue between Garfield Street and Arthur Street necessitates the acquisition by the City of fee simple title to portions of the parcels of real property described on the attached Exhibit A, which in the City's judgment constitutes the mast beneficial and practical location for the improvements. The proposed improvements are in compliance with and in furtherance 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 FOLLOWS: Section 1. Based upon the above findings, the City Council of the City of Eugene does hereby find, declare, and determine it necessary to acquire fee simple title, permanent easements, and temporary construction easements to portions of the real property Ordinance ~- 1 I b'99q more particularly described on Exhibit A, which is attached hereto and incorporated herein by reference, in order to accomplish the widening of west 11th Avenue and the construction of sidewalks between Garfield Street and Arthur Street. 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 condemnation of the above described interests in real property, and, at least 24 days prior to the filing of any action for con- demnation to make a written offer to the owners or parties having an interest therein of a stated amount as compensation therefor and for any compensable damages to remaining property, Section 3. The City Council hereby declares that the improvement 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 interests in the real property described on Exhibit A hereto 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 . Section 5. That the provisions contained herein concern the public welfare and safety and therefore, an emergency is hereby declared to exist, and this Ordinance shall be effective imme- diately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this day of ~ , 1982 G~~~~~ City Record r Approved by the Mayor this ~,~ ~C. day o f ~U~, t,.oi , 19 8 2 Mavlor ordinance - 2.