Loading...
HomeMy WebLinkAboutOrdinance No. 18488ORDINANCE NO. _~j~_1Q~+ AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUIS I- TION OF PROPERTY IN THE VICINITY OF 4TH AND 5TH AVENUES AND POLK STREET AND BLAIR BOULE- VARD FOR A PUBLIC PARK SITE; REPEALING RESOLU- TION NO. 3050; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that; It 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 or without its corporate limits for the purpose of public parks. Pursuant to that authority, on July 20, 1977 the City Council by Resolution No. 2720 authorized the in eminent domain for the acquisition more particularly described therein. in the Lane County Circuit Court, and matter it was learned that the proper anal a judgment of non-suit was entered without prejudice. institution of proceedings of certain real property The proceedings were filed prior to trial of the ty description was in error and the matter dismissed Resolution No. 3050 was subsequently adopted on Nove~~~ber 27, 19?8, correctly describing the acquisition sought, and the Lane County Circuit Court has ruled that such proceedings must be authorized by Ordinance and Resolution No. 3Q50.should be repealed. One of the stated Community Goals and Policies of the City of Eugene is that the City should recognize and continue to follow and implement the findings, goals, objectives, and recommendations of the Parks, Recreation and Open Space elements of the adopted 1990 General Plan. Ordinance - 1 isµsg Funds for the acquisition of the property more particularly described hereinafter are available through the Community Develo p ment program, and its acquisition will provide open space in a densely populated area of the City. The acquisition of this property is highly recommended by the Eugene Parks and Recreation Department and supported by the Whiteaker Community Council, the neighborhood group representing the area in which the property is located, as there are no recrea- tional facilities readily available for residents in this area. Children currently have to crass major transportation corridors to reach any existing parks, and the acquisition of this property will further the City's goals in creating an acceptable environment for residents of the area. Now, therefore, based upon the above findings and the record and testimony of the Council, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. That Resolution No. 3050 adopted by the City Council on November 27, 1975 is hereby repealed. Section 2. The City Council of the City of Eugene does hereby find, declare, and determine it necessar to ac wire for the ur-- Y q p pose of a public park site the ownership in fee of the real property more fully described as; Beginning at a 5/8 inch iron rod on the South line of 4th Avenue West, 165.58 feet West of the intersection of the South line of 4th Avenue West and the West line of Blair Boulevard; run thence along the South line of 4th Avenue West West 1$9.32 feet to a 5/8 inch iron rod; thence leaving said South line South 15~.DD feet to a 5/8 inch iron rod; thence West 101.88 feet to a 5/8 inch Iran rod 5D. ~0 feet East of the West line of the Eu ene g F* Skinner Donation Land Claim No. 38; thence South Ordinance ~ 2 18~t8P 67.59 feet to a 5/8 inch rod on the Westerly extension of the North line of Brooks' Addition as platted and re- corded in Book 4, Page 103, Lane County,. Oregon Plat Records; thence along the North line of said plat and its Westerly extension North S9°56'14" East 291,20 feet to a 5/8 inch iron rod; thence North 217,57 feet to the Point of Beginnings being a portion of Sections 25 and 26, Town- ship 17 South Range 4 West, Willamette Meridian, in Lane County, Oregon; containing 1,.10 acres, more or less. Section 3, The City Council does hereby direct that the City of Eugene shall institute proceedings in eminent domain for the condemnation of the above described interests in real property here- tofore described, and at leash twenty ~20~ days prior to the filing of any action for condemnation to make a written offer to the owners or parties having an interest in the property of a stated amount as compensation therefor and for any compensable damages to remain- ing property. Section 4. The City Council does hereby declare that the ac- quisition of the fee title to the real property heretofore described for a public park site is for a public purpose, is necessary for the public welfare, and is authorized under the laws of the State of Oregon and the Charter and ordinances of the City of Eugene. Section 5., That the interests in real property heretofore described 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. Section 6. The known owners of record of the real property for which the City is hereby authorized to acquire title in fee by condemnation, as more fully described in Section 2 hereof, are Charles Guy Scobert and Whitney G. Scobert as tenants in common. Section 7. Based upon the public need and necessity herein- above set forth, an emergency is hereby declared to exist, and ordinance ~- 3 18+88 this ordinance shall be effective im~ediately upon its adoption by the City Council and appro~ral by the Mayor, Passed by the City Council this ,~1t~ ~ day of August, 1979. F j r '~ Ci y Recorde Approved by the:~.Mayor this _._3 day ofr ~~pt~r~b~~ ~ ,197 9 . r Mayor ~. ordinance ~- 4.