HomeMy WebLinkAboutOrdinance No. 18673ORDINANCE NO . ~S 6 ~ 3
AN ORDINANCE AUTHORIZING THE ZNSTITUTIDN DF
PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISI-
TION BY CONDEMNATIQN OF PROPERTY INTERESTS IN
THE VICINITY OF BAILEY HILL ROAD FROM 11TH
AVENUE WEST TD STEwART ROAD FDR T~~E PURPOSES
OF STREET ~'~IDETIING A~~3D THE CONSTRUCTION OF
DRAINAGE AND SEWER SYSTEMS; AND DECLARING 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-
Went domain fox the acquisition by condemnation of private prop-
erty for public purposes, including the widening of city streets
and the construction of drainage and sewer systems.
The City of Eugene is in the process of improving city streets
and widening intersections in order to facilitate the safe and effi-
cient movement of traffic over the streets. Because the increased
volume of traffic using Bailey Hill Road in its present condi~tzon
will create a traffic hazard endangering persons and property, it is
necessary to improve the flow of traffic thea~eon~ which may be accom-
plished by widening the street.
The City of Eugene is also ~,n the process of improving, expand-
ing, and maintaining the city sewer and drainage system to provide
for the proper disposal of sewage and drainage in a safe and healthy
manner, and the improvement and expansion of the sewer system is
necessary in order to preserve and protect the health and safety of
the citizens of the City.
The street widening and construction of drainage and sewer sys-
tems in the vicinity of Bailey Hill Road fro. 11th Avenue west to
Ordinance - l
18613
Stewart Raad necessitates the acquisition by the City of certain
property rights to the parcels of read. property described on the
attached exhibits, 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 fur-
therance Qf the plans and specificati,~ns prepared by the City
Engineer at the Councilrs direction and in accordance with provi-
sions of the Eugene Code, 1971 and applicable policies and agree-
ments of the City of Eugene, Now, therefore,
TI3E CITY of EUGENE DOES DRD.AIN AS FaLLOWS:
Section 1. Based upon the above findings, the City Council. of
the City of Eugene does hereby find, declare, and determine it neces-
sary to acquire certain ownership in fee interests, permanent ease-
menu , and temporary construction easements t~ the parcels of real
property described on the exhibits attached hereto and incorporated
herein by reference, in order to .accomplish the widening of Bailey
Hill Road, and to construct, reconstruct, maintain, prepare and oper-
ate a sanitary sewer line or lines, inc~,uding all appurtenances
thereto along Bailey Hill Road from 11th Avenue West to Stewart load
in accordance with plans prepared by the City o~ Eugene Department
of Public Works and approved by the City Manager.
Section 2. The City Council saes hereby direct that the City
of Eugene shall institute proceedings in eminent domain for the con-
demnation~of the above described interests in real property, and,
at least ZO days prior to the filing of any action for condemnation
to make a written offer to the owners or parties having an interes t
therein of a stated amount as compensation therefor and for any com-
Grdinance - 2
/ 8673
pensable damages to remaining property.
Section 3. The City Council hereby declares that the irnprove-
meats above set forth are for a public purpose, are necessary for
the public welfare, and are authorized under the laws of the State
of aregon and Charter and ordinances of the City of Eugene.
Section 4. The City Council furthex declares that the inter~-
gists in real property described on the Exhibits attached hereto
and incorporated herein by reference sha11 be used by the City of
Eugene for public purposes at the earliest passible 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 therefore, an emergency is hereby declared to
exist, and this ordinance sha11 be effective immediately upon its
passage by the City Council and approval by the Mayor.
Passed by the City Council this
day of ~ 1980
;~ ~
Cit ~Reco der
Approved by the Mayor this
~~ day of ~t~~ , 1980
Mayor
ordinance - 3.
sT~~er nom t J~
ti~41+' .ALL t~,E;l BY THESE PRE5EIiT5: That ~ c ~
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ha bargained and sold, and by these presents do~ grant,~bargain, sell and convey unto said City of Eugene,
z r:~unicipal c~~rparaticn in the State of Oregon, its successars and assigns, in fee simple, all a: the following
ktiau;tded sac dzscribed rea; property, situated,in the County of Lane in the State of Oregon, to be used for public
purposes, including but not limited to public utilities and streets.
Begi~,ning at a point be~.ng South 148.5 feet from the Northeast corner of 'Lot 4, Section
34, Township 11 South, Range 4 West of the jdillamett~e Meridian, said Northeast corner
of Lot 4 being the Southeast corner of the Mathew Wallis Donation Land Claim No. 4D; run
thence West 4Q.4C feet; thence South 14$,5 feet; thence East 4Q,0 feet; thence North
along the centerline of Bailey Hill Road 148,5 feet to the true point of beginning, all
in Lane Goun~y, Gregan. The east ~0 feet of the~abave described property located within
the existing right-af--way of Bailey Hill Hoad.
STREET DEID ~~ ~~..~ ^ ~ ~}-lSd.
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KNOW ALL MEN BY THESE PRESENTS; That Q~
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ha bargained and said, and by these presents d°..___~. grant, bargain, sell and convey unto said City of Eugene,
a municipal corporation in the State of Qregon, its successars and assigns, in fee simple, all o; the followin~*
ktiou~ided and described real property, situated in the County of Lane in the State of Oregon, to be used for public
purposes, including but not limited to public utilities and streets,
Beginning at~ the Northeast corner of lot 4, Section 34, Tawnsf~ip 17 South, Range 4 blest
of the Willamette Meridian, said Nortf~east corner of Lot 4 being the Southeast corner of
the Mathew Wallis Donation land Claim Na, 40; continue thence South along the centerline
of Bailey Hill Road 148,5 feet; thence leaving said centerline West~40,00 feet; thence
North 1,48.5 feet tv the centerline of Stewart Road; thence Bast along the centerline of
Stewart Road 4x.00 feet to the true point of beginning, all in lane County, Oregon and
the North 20 feet and the Bast 20 feet of the above described property located within
existing county roads.
STREET DE® i ~ ~.~ /~_ ~"~~.,~~~,M~ ~ C~
you ~~, tax EY T~tES ~ p~ES EATS : rho t ~ oj~ ~~ ~ S ~ n- l5d
~a ~'~, ~
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ba~ bargained and sold, end by these greaen do U r nt "b ~ ~r a
8 , g , ell and convey unto acid City of Eugene,
its successars and assigns, all of the fallawiag bounded and described real groperty,.aituated in the County of Ix~ne
and State of Oregon, to bA used far street purpasea.
Beginning at a point being. South D° ~26' 1D" West, 140.0 feet; thence., North 89° 59' west,
40 feet of the Southeast corner of the Mathew Wallis Donation Land Claim No. 50, in
Township 17 South, Range 4 West of the Willamette Meridian; continuing thence North
S9° 59' West, 20 feet; thence North 45° 13'35" Bast, 28.39 feet; thence South 0° 25' l0"
Ylest, 20 feet to the paint of beginning, i n lane County, Oregon