HomeMy WebLinkAboutOrdinance No. 19000ORDINANCE NO.
AN. ORDINANCE AUTHORIZING THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE
ACQUISITION BY CONDEMNATION OF PROPERTY
INTERESTS FOR THE PURPOSES OF CONSTRUCTION OF
SANITARY SEWER AND SEASONAL INDUSTRIAL WASTE
FACILITIES IN THE VICINITY OF PRAIRIE ROAD
AND BEACON DRIVE; AND DECLARING 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 purposes, Including the construction of sanitary sewer and
seasonal industrial waste facilities.
The City of Eugene is in the process of improving, expanding,
and maintaining the city sewer and drainage system in order to
provide for the proper disposal of seasonal industrial waste in a
safe and healthy manner, which is necessary for the preservation
and protection of the health and safety of the citizens of the
city.
Construction of the seasonal industrial waste facilities in
the vicinity of Prairie Road and Beacon Drive necessitates the
acquisition by the City of fee simple title, permanent easements,
and temporary construction easements to portions of the parcels
of real property described on the attached Exhibit "A"; and the
acquisition of permanent and temporary construction easements to
portions of the real property described on the attached Exhibit
"B", 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
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
19000
mare particularly described on Exhibit A and Exhibit B attached
hereto and incorporated herein by reference in order to
accomplish the construction of sanitar sewers and
Y seasonal
industrial waste facilities in the vicinit of Prairie
h Y Road and
Beacon Drive. Tat the above improvements are in accordance w` h
the plans pre ared b the M it
p Y etropalitan Wastewater Management
Commission and approved by the City of Eugene De artment of '
Works and b the Cit p Public
Y y Manager.
Section 2. The City Council does hereby direct that the Cit
of Eugene shall institute roceedin s y
p g in eminent domain for the
condemnation of the above described interests in real ro ert
and, at least 20 da s riot ~ p p y'
Y p to the fila.ng of any action for con-
demnation to make a written offer to the owners or arties hav'n
an interest therein of a s p i g
fated amount as compensation therefor
and for any compensable damages to remaining pro ert
p Y
Section 3. The City Council hereby declares that the
improvement above set forth are fora ublic ur ose ar
p p p r e
necessary far 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 h
ereto
shall be used,by the City of Eugene far public ur oses at the
earliest ossible date p P
p 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. The City Council further directs the Cit Mana er
to work with officials of EWEB 'n Y g
i effecting the necessary access
across property located at High Street and River Road.
Section 6. That the provisions contained herein concern the
public welfare and safety and therefore, an emer enc is hereb
declared to exist and ' g Y Y
this Ordinance shall be effective imme-
diately upon its passage by the City Council and a royal b
Ma or. Pp y the
Y
Passed by the City Council this
a'1~~5~ day of , 1982
i~~%~
i~
City Recorder
Approved by the Mayor this
~1~~7ay of 1982
Mayor
Ordinance - 2.
19000
Joseph M. Cersovski, Carol A.
Cerovski, Donald E. Cersovski TL 16-04-34 200
Edwin H. Tuttle TL 16-04-34 701
Wesley R. Houston TL 16-04-34 700
Chester A. Swenson TL 16-04-34 $00
Floyd Linden Cox and
Betty Lou Cox TL 16-04-34 600
Chester A. Swenson TL 16-04-33 1200
Robert E, and Melva~J. Barnes TL 16-04-33 1300
K. Elisabeth Bowder TL 17-04-04 100
v. McKean Kendall TL 17-04-03 300
Charles and Helena L. Jaquenod TL 17-0403 400
Fred and Mary Kabiser TL 17-04-03 500
Edwin and Barbara Zietz TL 17-03-30-44
9400 and 5$00
Eugene Water & Electric Board TL 17-03-31 -11
300, 400, 401