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HomeMy WebLinkAboutOrdinance No. 18571 ORD INI~NCE Np , ~s 7, AN ORDINANCE AUTHp~I~~NG THE ZNSTITUTT~~}N OF PRO- CEEDINGS IN EMZNFN~' DOMAIN FQR THE ACQUISITION BY CONDEMNATION OF PROPERTY IN THE vICINITY OF THE WILLAMETTE RIVER, BEING A PQRTION OF TAX LOT 700, ASSESSaR' S MAP 17-~04-~25-~12, FOR A PUBLIC RIVERFRONT PARK AND A BICYCLE/PEDESTRIAN PATH; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: It has authority under provisions of the City Charter and appli- cable 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 and bicycle/pedes- trian paths. 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 adapted 1990 General Plan. The City is committed through its adopted Master Bikeways Plan to improve and expand the bicycle and pedestrian paths throughout the City, The acquisition of the within described property is highly re- commended by the Eugene Parks and Recreation Department, and is neces- sary in order to complete the riverfront bicycle/pedestrian path from North Polk Street to Copping Street. Now, therefore, based upon the above findings and the record and testimony before the Council, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS. Ordinance -- 1 1 ~5~1 Section 1. The City~Counva~l Q~ the City of Eugene does hereby find, declare and determine it necessary to acquire for the purpose of a public park. and bicycle/pedestrian path, the ownership in fee of the real property more fully described as; A parcel of land lying in the Northwest quarter of Northeast quarter of Section 25, Township 17 South, Range 4 Vest of the Willamette Meridian in Lane County, oregon, being a portion of that tract of land conveyed by that certain deed to Dillard Lundstrom and June Lundstrom and recorded March l8, 1970 an Reel 473, Instrument No. 99SS5, Lane County Oregon Deed Records, said parcel being all of that property lying easterly of the following described line: Beginning at a point in the center of county road No. 200 known as Ri~rer Road}. on the west line of County Survey No. 649 at a point 3?3.0 feet North 6°3S'21" West of the Southwest corner of said county survey No. 649, which said Southwest corner of county survey No. 609 is reported to be 49.02 chains East of the South- west corner of the L. E. Davis D.L.C. No. 42 in Town ship 17 South, Range 4 West of the Willamette Meridian in Lane County, Oregon; from said beginning point run south 87°54'22" East parallel with the South line of Lot 2 of said county survey No. 609 a distance of 616.55 feet to a point marked by a 5/8" iron rod marking the South end of a line described on that certain deed to the City of Eugene recorded March 16, 1979 on Reel 980-R Instrument No. 7915122 Lane County Oregon Deed Records, said 5/S" iron rod being the true paint of be-- ginning of the herein described line; thence run South 20°41'53" East 97.0 feet to the South line of the Grantor's property: Bearings used herein are based upon the Oregon Coordi- nate System, youth Zone. Section 2. 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 least twenty ~.2 0 ~ 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 ordinance - 2 18571 compensation therefor and for any campensable damages to remaining property. Section 3* The City Council does hereby declare that the acqui- sition of the fee title to the. xea~, property heretofore described for a public park and bicycle/pedestrian path is for a public pur- pose, is necessary far the p`ablic welfare, and is authorized under the laws of the State of Oregon and the Charter and Ordinances of the City of Eugene . Section 4. That the interests in real property heretofore des- cribed shall be used by the City o~ 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 5. The known owners of record of the real property for which the City is hereby authorized to acquire title in fee by con- damnation, as more fully described in Section 1 hereof, are Willard Lundstrom and Robert E. Scott. Section 6. Eased upon the public need and necessity herein- above set forth, an emergency is hereby declared to exist, and this. Ordinance shall be effecti~re immediately upon its adoption by the City Council and approval by the Mayor. Passed by the City Council this da of 19SQ ~ ~ar ;, City Recor e Approved by the Mayor this day of ~j~ r~, 1980 Mayo Ordinance - 3.