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HomeMy WebLinkAboutOrdinance No. 18598ORDINA~~TCE NO . 18'SR 8~ AN oRDZ~~ANCE AUTH4RI Z I,~~G THE I~~'STITUTTON of PRGCEED INGS I~~ F~~IINENT DQ~AT~~t FOR THE ACQUI S I TIOI~ EY CO~~DEMNATTON of FEE SIMPLE TITLE; TEM~ PGRARY Co~1STRUCTION EASEMENTS; AND PERMANENT EASEMENTS, FOR E~PANSI4N CF THE WILLAKENZIE SANITARY SE~'~ER PUMP STATIOi~ A~~D Co~~'STRUCTION OF THE EAST BANS 1~1TERCEPTOR SE~~ER FROM THE ExISTTNG SPRINGFIELD TREATMENT PLANT To THE PRoP45ED REGTON`AL TREATMENT PLANT; AND DECLAR-~ ING AN EMERGENCY. The City Council of the City of Eugene finds that: The City Council has authority under provisions of the City Charter and applicable state law to institute proceedings in emi-- nent domain for the acquisition by condemnation of private prop- erty for public purposes, including the expansion of the wastewater treatment plant and the construction and improvement of sanitary sewers. The City of Eugene entered into an ,intergovernmental. agreement on February 9 , 1 ~ 7 7 , with. the City of Springfield and Lane County to establish a Metropolitan wa.stewatex Managuatent Commission fox the purpose of constxuct,ing, operating and maintaining regional sewerage facilities in order to provide safe and efficient treat ment of sewage. It is necessar~r to expand and improve the willaken~ie Sanitary Sewer Pump Station, which. ne~:essitates the acquisition of fee simp~.e interest in xea,l prapexty here%nafter yore particularly des- cribed. The cQ~struct,on ~f the East ~an~. ~nterceptQr Sewer from the existing Spxingf ie~~d treatr~~erit p~,a~t t~ the proposed xegional treat- Ordinance - 1 18598 merit plant necessitates the acquisition of temporary construction easements and permanent easements across read property hereinafter more particularly described, which in the City's judgment consti- tutes th-e most beneficial and practical location for the construc- tion. The proposed ir~pro~ren~ents a„re zn comp~.~ance with and in fur- therance of the plans and specifications prepared by the City Engineer at the Council's direction and in accordance with provi- sions of the Eugene Code, 1971 and applicable policies and agree- ments of the City of Eugene R ~`ow, therefore, THE CITY aF EUGENE, ~ DaE.S aRD~Z~' ~s Fp~L~WS Section .l. Eased open the above findings, the City Council of the City of Eugene does hereby find, declare, and determine it neces- sary to acquire fee simple title to the property more particularly described on Exhibit "~" attached hereto and incor orated herein b p y reference, in order to expand and enlarge the Willakenzie Sanitary Sewer Pur~p Station* The Council farther finds, declares, and deter- mines it necessary to aoqui.x~e tempr~ra~y construction easements on and across the pax~cel,s of real property more particularly described on Exhibits "B"~, '~~C'', '~D~~, and "E'~ attached hereto and incor orated P herein by reference, and to acquire per anent sanitary sewer ease- ments across the parce~,s of real property ~-ore particularly des- cribed on Exhib .its '~~F ~` , "G" , ~q~" ~ ~~ ~ ~' and ~',~" attached hereto and incorporated ~~.eren by re,~erence~ in order to construct the East Bank Interceptor Sewer from the exi~sti~ng Sprin~f field treatment plant to the proposed ;regional, treat~e~t plant.. That the above improvements are in accordance ~a~ith p~,ans~ prepared by the G%ty of ordinance - 2 !8598 Eugene Department of Public works and approved by the City Manager. Section 2. The City Council does hereby direct that the City of Eugene sha11 institute proceedings in eminent domain for the con- demnation of the above described .interests in real property, and, at least 2a 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 compensation therefor and for any com- pensable damages to remaining property. Section 3. The City Council hereby declares that the improve- meats above set forth are for a public purpose, are necessary for the pub~.ic welfare, and are authorized under the laws of the State of Oregon and Charter and ordinances of the City of Eugene. Section 4. The City Council further declares that the inter- gists in real property described on the exhibits attached hereto and incorporated herein by reference sha~.l be used by the City of Eugene for public purposes at the ear~.%est poss~~,b~,e date. and, in any event, no later than ten .yews f xom the date this Ord~nan,ce i,s adopted by the Council and approved by the Mayor. Section 5_, That the pxov~s,~ons c~nta.~ned herein concern the public welfare and. therefore an emergency i,s hereby declared. to exist, an,d this Ordinance sha~.l be effective i~mrned~,ately upon its passage by the City Council, and approval by the Mayor. Passed by the City Council. this da of M rch 19S ~s{~ C y Recor e~ Ap~zoyed by the MaXor this ~~ day q,£ N~arch, 19 8 Q Mayor Ordinance - 3. 18598 17-04-13 201-1701-1900 Goodpasture Island Development Co, A tract of ~ and lying i n the East hal f of 5ecti on ~ 3, Township 17 South,. Range 4 k'est of the Wi l ~ amette Meridian i n Lane County, Oregon described as fol ]ours Begins i ng at the South~~est corner of the Alexander Goa.dpasture Donation Land Cl aim No. 58, Township ~ 7 South, Range 4 ~~est of the ~~di 1 l amette ~ Meri di.an ; thence North 7 ° 07' 44" ~~lest ~ 284, Ol feet to .the true paint of beg? nn i ng said point being the Southwest corner of a tract of land deeded to the City of Eugene as recorded on Reel 201 C 179639., Lane County Records; thence South 77° 54' 54" East, on the Southerly 1 ine of said tract, 162.27 feet to the Southeast corner of said tract; thence. South ~ 36° 22' 22 "~ ~dest 40, 0 feet; thence North 77° 54 ` 54" l~'est 118.49 feet; thence South 64° ~4' 16" Test 52, 3fi feet ~ thence North 25° 15' 44", West 122 , 0 .feet; thence North 64° 4~4' l fi" East 87, 0 feet to the P~orthwesterly corner of said tract thence South l° 07` 44" East, an the Westerly line of said tract 83,76 feet to the true point of~beginnin.g containing 12854,008 square feet, 0,295 acres, all in Lane County, Dregon, The bearings used ~ herei n are based on the. Oregon. Coordinate System, South Zane, Exhibit "A" 18598 1~~04~13 1900-~~~~oo Goodpasture Island Development Co. Dale M. & Helen L. Kingsley ~~ A.100 foot wide temporary constructi~an easement described as follows: Beginning at the South~~est corner of the Alexander Goodpasture Donation Land Claim No. 58, Township 17 South, Range 4 West of the Wi 11 amette Meri di~an ;~ thence North 1 ° 07' 44'~' ~fest .1204, 0] feet to the Southwest corner of a tract of 1 and deeded to the City of Eugene as recorded on Reel 201 D 79639, Lane County Records; thence~South 11 ° 32~' ~ 7" llJest 56..90 feet to the true p.oi nt of beginning; thence North 64° 44' 16" East 33.69 feet; thence South 77° 54 `54",East 1.09,01. feet; thence South 39° 44',01" East 253, 53 feet; thence South 4° 52.' 45" L~lest354.97 feet; .thence South 14° 13' 55" East 1691,47 feet to a paint on the westerly curved right-of-way line of Goad asture p Island Road; thence Southwesterly on a curve to the 1eft~ radius being 1091.74 feet chard bearing .South 42° 36 ~ 09" West 20,40 feet} far an arc d7 stance of 20,40 feet to a point of ~ curve ~ thence South~~esterly on a curve to the 1 eft radius bei n .16$7, 42 9 feet chord bearing SOUth 40° 20' 19" West 101,77 feet} for an arc distance of 101,75 feet; thence. North 14° 13t 58{'West 1784,46~feet; thence North 4° 52r 48" East 330,7$ feet; thence North 3.9° 44' 07" hest 306,61 feet to the true point of beginnin ,~a11 9 7n Lane County, Oregon. The bearings used herein are basEd on the Oregon Coordinate System, South Zone, Exhibit "B'E 18598 17-03~-302 140 Cascade Title Co,. Trustee ~ c/o John ~, & ~'eronique r~orrison A 65, 0 foot wide .temporary construction easement described as fo1 ~ ows Beginning at a point North 8$° 03' 49" West 646.77 feet and North 1° 4'.11" East X0.0 feet from the ,re-entrant angl e., of the John Gi ~ 1 espi e Donati an Land Claim No . 10,~ sai d point being on the north right-of~way line of Country Club Road; thence .South 88° D3' 49" East on said north right-of -way 1 i ne , 65. DD feet : thence . Narth 1 ° 42 ` 11 " East x83.74 feet; thence .North 56° 4~' 33" West 76.31 feet; thence Sauth 1° 42' 11" West .923..44 .feet to the true paint of beginning, all in Lane County Oregon. The Bearings used herein are based ors Oregon Coordinate System, South Zone. Exhibit "~" ~~~ 1~-o3~-z~~3 ~~oz Lewis B. & ~~. G, Baztel A temporary construction easement described as fo~bows .Beginning at a point which is South 2° 07` 30" West 135.06 feet and South. 87° 52' 34" East 839, 52 feet .from the ~ Northeast corner of County Survey No, ~ 71; thenceSouth Z° 07' 30" west 342,73 feet~to the true point of beginning; thence continuing South 2° 07'' 30" East ~ 35. ~9 feet to a poi n~t an. the curved Northerly ~ ine of the f1 oadway channel right-of-~way~; thence Southwesteriy .on said right-ofwway, on a curve. to the .. 1 eft, radi us~ be~i ng 5799, 58 feet chord bear. i ng South 57° 33' 50" west 63, 53 feet } an arc distance of 63.53 feet; thence North 3~° 45' 00" West 63,89 feet; thence South 8l ° 14~' 43" .~AJest X56, 76 feet to a point on the Easterly right-of-way 1 ine of ~~ the Fer~ry~ Streit Bridge underpass road; thence continuing. on said right~of~way l ine~ North ll° 14' 50" East 12,70 feet to a point of curve; thence on a curve to the ri gh~~ radius , be i n.g 397 ~, 82 feet ~ chord bea~ri ng North 18° 23' 35" East 98, 97 feet } an arc distance of 130, 70 feet = thence North 81 ° l 4 ` 43".East 316, 96 feet to the true paint of beginning all in Lane County; Oregon. The .bearings .used herein are based on the Oregon Coordinate System, South Zone. Exhibit':D•' $59$ 1 1703-34-23 1~~00. Charles R. Coe A . 50 foot wide temporary construction easement 1 i n ~ n the N hw ~ y g ort est quarter of Section ~4, To~,msh~ p ~ 7. South, Range 3 Test of the ~!~ ~ ~ amette Mere d7 an , Lane Count y, Oregon , descry bed as fob 1 ows ; The South ~50 feet of the West fifi5 feet of the fob 1 owi n 9. described property; beginning at a paint 5 chains Test and 20 feet North of the mid die Southeast corner of the Robert E, Campbe~ 1 Donation Land Ci aim No, 59, i n Township ~ 7 South Ran e 9 3 ~Alest, Willamette Meri d.i an, and running thence North l 9 rails and 5 i 2 t~eet to a l pant wh7:ch ~s 30 feet East of the Southeast corner~of the tract of land conve ed y ta. Martha ~B, Harmon, thence West .to the Southeast corner of said tract, thence West to the West dine of said Donation Land Claim; thence South 5 chains, more ar less . ~a .a point which is l0 feet South. of a point due Jest of the puce of beginnin , 9 thence East 5.94 chains, thence North lD feet; thence East 7,15 chaihs to the lace P of. beginning, in Lane County, Dregon, except that parttaken for count road ~ri ~ ht» y g of~way, Exhibit '' E ~' 1898 17:-04-13 1900-220-0 Goodpasture Island Development Co. -Dale M. & Helen L. Kingsley A permanent sanitary serer easement lying in the East ~ half of Section 13, Township 1.7 South, Range 4 West of the ~;i 11 amette Meridian described as fo~11 ~ws Beginning ~ at the Southwest corner of the Al e~xander~ Goodpasture Donation Land Claim . No. 5$, Township 17 South, Range 4 West of the Willamette Meridian; thence~North . 1° 07' 44" West 12$4.41 feet,. to the Southwest career of a tract.of land .deeded to the City of Eugene asrecorded on Reef 201 D 79639,. Sane County Records ; thence South 62~° 56' 33'' East 141.12 feet to the true point of beginnings thence South 39° 44' 07" East :217.94 feet; thence South 4° , 52' 4$" West 35.4, 5.~~ .feet; ~ thence South 14° 13' S8" East 171$.1fi feet, to a point on the westerly curved right-of-way line of Goodpasture ~slagd Road; thence Southwesterly on a curve,to the left, radius being 1fi$7,02 feet chord bearing South 41° ~9' 53" Test 24.25 feet} for an arc distance of 24.45~feet;. ,thence North. 14° 13' 5$" Test 1735,24 feet; thence North 4° 52' 48" East 33fi,97 feet; thence North 39° 44= 07" West 303,72 feet; thence South 17° 54' 54" East S0,$9 feet. to the true, point of beginning, a11~ in Lane County, Oregon,. The bearings used herein are based on the Oregon Coordinate System, South Zone, Exhibit `~F" l$.598 17~-44.13 1900 Goodpasture Island Development ~o. ~ ~ 4.0 foot. wide sanitary sewer easement lying i.n the Southeast one Mquarte.r af. Section i 3, Township ~ 1 South, Range .4 West of the Wi 11 amette Meridian , Lane County, Oregon described ~as fol 1 ows Begi~nnin~g at the Southwest corner of the ~~ exander Goodpasture Donation Land C1 aim No. 58, thence North 1° 07' 44" West 7,0 feet; thence North 88° 52' 16" East 31.57 feet; thence South ~1 ° 55' 50" .East 1.75, ~ 5 feet;' thence North 72° 39'. 14"~ East 360.59 feet; ~the~nce South 14° 13 ` 58" East 14, 02 feet; thence South 72° 39' 14" ~dest 370.95 feet; thence South 88° 14' 76" West 25.21 feet; thence North ~° 45'~ 44" West X84..97. feet ~to ,the true point .of beginning , The bearings used herein are based on the Dregon~Coordinates System, South Zone; Exhibit "G" 9~ 1~~' 17-Q3--30-2 l00 Cascade Title Co, Trustees c/o John R. & Veronique Morr.~son A 20 foot wide permanent .sanitary sewer easement lying in the Northwest one-quarter of Section 30, .Township 17 South, Range 3 4!est of the l~li 1 l amette ~leridi an; described as fob ~ ows : . Beginsinc~ at a point North SS° 03" 49" ~ ~~'est 68~ .77 feet and North 1 ° 42' i ~" East 20.0 feet from the ~re-entrant ang~ e of the John Gi ~ 1 espi e Donati an Land C~ airn No. 70 said a point being on the North right-of~way dine of Country C~~ub Road; thence South 88° 43' 49" East, on said North right-~of-way ~ i ne , 20.0 feet ; thence North 1 ° 42' l ~ " fast 932, fi0 feet; thence ~dorth 5fi° 42' 33" ~~est 23.48 feet; thence South 1 ° 42' ~ 1 " ~dest 964. ~2 feet to the true point of begi nn ~ nq a~~~ . i n Lane Count.Y, Oregon., Exhibit "H" ~~ ~~ ~ . 17--o3-z~-3 X802 Lewis B. ~ & M. G ~ Bartel a permanent san,i tart' sewer easement ~lyi ng i n the Southwest quarter of Section 29, .Township ~7 South, Range~~3 west of~ the ~~illamette Meridian described as fal~ows; . Beginning at a point which i s South ~° 07' 30'' ~~~est 135, 06 feet and South 87° 52' 30" East 839, 52 feet from the Northeast corer of County Survey No. 171; thence Conti ruing South ~° 07~' 3D" ~~~est 478, Dl to a' point . on the curved Northerly 1 i ne of the flo~odway channel right--of-ways thence South~Fresterly ~on said line, on .a curve to the 1 eft, radi u~s being 5199, 5B feet chord bearing South 57° 45' 17" West 24.93 feet} an~ arc di stance ~ of 24, 93 feet. ~ to the true ~ point of beginning; thence continuing Southwesterly .on said curved right-af~way pine, radius bung 5799,58 feet chord bearing South 57° 26' 27" West 38,.61 feet} an arc distance of 35,61 feet;*thence North 32° 45' 00" West 63, S9 feet y thence North 81 ° 14' 43'' ~;dest 256, 76 feet to a point on the Easterly right~ofwway ~l ire of the Ferry Street Bridge underpass road; thence .North 11 ° 14' 50" East. an said ri ght ~-of way line. 12 ,10 feet to a poi nt of curve; thence Northeasterly on said right-of-way.1 ire, on a curve to the right, radius. being 397,52 feet chord, bearing 12° 3S' 42" East 19,40 feet} an arc distance of 19, 40 feet; thence North 81 ° 14' 43~' East 255, 89 feet,; thenceSouth 43° 38' 23" East 88,74 feet to.the true .point of beginning all .inLane County, Oregon, The bearings used herein are based on the Oregon Coordinate System, SouthZone, Exhibit "I" /8598 l?-03-34-~3 104 Charles R. Coe A 20.0 foot wide permanent sanitary sewer easement lying in the Northwest quarter of Section 34, Township ~ 7 South, Range 3 blest of the Wi ~ ~ amette Meri.di an ; Lane County, ,~ Oregon .described as fol ~ ows The South 20 feet of the west 635 feet of the following described property: Beginning at a point 5 chains West and 20 feet ~~orth of the middle Southeast corner of the Robert E. Campbell Donation Land Claim No, 59, in Township 17 South, Range 3 West Wi.l l amette .Meridian , and running thenceNorth 19 rods and 5 1 /2 feet to a point which i s 30 feet East of the Southeast corner of the tract of 1 and con~reyed to Martha B, f~armon, thence west to the Southeast corner of said tract, thence West to the West line of said Donation Land Claim, thence. South 5 chains, more. or less to a point whi ~ch i s 1 Q feet South of a poi nt due west of the: place of beginning., thence East 8.94 .chains, thence, Narth lO feet, thence East 7,15 chains to the place of beginning, in Lane County., Oregon , except that part taken for county road _ r~ ght~of way, E~hibi-~ "J" .