HomeMy WebLinkAboutOrdinance No. 18674ORDINANCE N0. 186?4
AN ORDINANCE AUTHORIZIi~G THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISI-
TION BY CONDEMNATION OF FEE SIMPLE TITLE FOR
THE WIDENING OF HILYARD STREET FROM EAST 29TH
PLACE TO ~~EST AMAZON DRIVE! AND DECLARING AN
EMERGENCY.
The City Council of the City of Lugene finds that.
The City Council has authority under pxovisigns of the City
Charter and applicable state law to institute proceedings in emi,-
neat domain for the acquisition by conde~-nation of private prop-
erty for public purposes, including the widening and improving of
city streets.
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 Hil,yard Street in its present condition will
create a traffic hazard endangering perso~.s and property, it is
necessary to improve the flow of traf tic thereon, which may be accam-
plished by widening the stxeet.
The widening of Hilyard Street from East 29th Place to West
Amazon Drive necessitates the acquisition of fee simple title to the
parcels of real property described on the attached e~hibits~ 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 of the plans and specifications prepared by the City
Engineer at the Councils direction and in accordance with provi-
sions of the Eugene Code, 19?1 and applicable policies and agree--
Ordinance ~ 1
1867'
ments of the City of Eugene. Now, there,f ire,
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 neces-
sary to acquire the fee simple title to the parcels of real property
described on the exhibits attached hereto and incorporated herein by
reference, in order to widen Hilyard Street from East 29th Place to
West Amazon Drive. That the above improvements are in accordance
with plans prepared ~~y the City of Eugene Department of Public Works
and approved by the City Manager.,
Section 2. The City Council does hereby direct that the City
of Eugene shall institute proceedings in eminent domain far the con-
demnation of the above described interests in real property, and,
at least 24 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 cor~pensation therefor and for any com-
pensable damages to remaining property.
Section 3. The City Council hereby declares that the improve
meats above set Earth are for a public. purpose, are necessary for
the public welfare, and are authorized under the laws of the State
of Oregon and Charter and ordinances Qf the City of Eugene.
Section 4. The City Council further declares that the inter-
ests in real property described on the Exhi~b%ts attached hereto
and incorporated herein by reference shall be used by the City of
Eugene for public purposes at the earl.~est possible date and, in
any event, no later than ten years from the date this Ordinance is
adopted by the Council and a~pro~ed by the ~~~ayor.
Ordinance -~ 2
18674
Section 5. That the provisions contained herein concern the
public welfare and therefore,~an emergency is hereby declared to
exist, and this ordinance shall be effective immediately upon its
passage by the City Council and approval by the Mayor,
Passed by the City Council this
day of 198
• r ~ ~
City Record r
Approved by the Mayor this
,Q~ day of , 1980
Mayor
ordinance - 3.
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FOR VALUE RECEIVED
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~( G. ~ ~o t c~ Cy c
the grantor-, do_ ~~ gran~",~ bargain, sell and conGey ~n~to~~
the grantee r, the fvilawing described premises,, to-wit:
Beginning at the Northwest corner of Lot ~~ of the Third Addi ti an to Sunny Nol l ow as
recorded in Volume 14 of pats, Page 4 Records of~ Lane Gounty, Oregon; thence South
89° 54' 00" East along the North dine of said Lot ~, 15.4 feet; thence South
45° ~~' OO" East X1.24 feet; thence North 4° 16' 00" East ]5.0 feet to the Point of
Beginning , al 1 i n Lane County, Oregon .
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-~'A~RA~dTY DEEQ D-15f
FOR VALUE RECEIVED 3,.~ ~ ~ ~7 ~5~~`~--'1-P RX-~-~
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the grantor-, do_ hereby grant, bargain, sell and convey unto
the grantee ,the following described premises,, t4-wit:
Beginning at the Southwest corner of Lot ~, Block 1, Sunny Ho11ow as platted and
recorded in Volume 12, Page 9, Lane County, Oregon Plat Records; thence North
0° 16' QO" East along the West line of said Lot ~l 196.6 feet mare or less, to a point
of curve; thence on a curve to the right radius being 20.4 feet, chord bearing North
2Q° 45' 52" East 14.01 feet to the true point of beginning; thence continuing on a
curve to the right .radius being 20.0 feet ~ Chard bearing South 89° 44' 4U" East 30.19
feet} for an arc distance of 34.21 feet; thence North 89° 44' 00" West 30.19 feet to
the true point of beginning, all in Lane County, Dregon. ~ .
1~6
18°o~-oB-2l 590
I~A.RRANTY DEED D-l5f
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FOR VALUE RECEIVED ~t ~ ~ t ~ C? ~-
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the grantor-, do_ hereby gr nt, bargain, sell and convey unto
the grantee ,the fol 3 owi ng described premises,, to-wit:
Beginning at the intersection of the centerline of Hi lyard Street and the centers i ne
of 32nd Avenue running East from Hilyard Street; thence South 89° 54' DD" East 30,0
feet along said centerline of 32nd Avenue to a points thence North D° lfi` OD" East
30,0 feet to the true point of beginning; thence continuing North 0° lfi'DD" East
15.0 feet along the easterly margin of said Hilyard Street; thence South 44° 49` 04"
East 21.18 feet to a point an the northerly margin line of 32nd Avenue; thence North
89° 54~ OD" West along said northerly line 15.0 feet to the point of beginning, all
in Lane County, Oregon. ~ ~.
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WA.2RANTY DEED D-15f
~ FOR VALUE RECEIVEd ~
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the grantor-, do_ hereby ant, bargain, sell and convey unto
the grantee ,the following described premises, to-wit:
Be inning at the i n~tersecti on of the centerline of Hi 1 yard Street and the centerline
g 0" O.D feet
of 32nd Avenue running East from Halyard Street thence South 89 54 0 3
along said centerline of 32nd Avenue to a point;:.thenceNorth D° lfi' 00" East 503.95
feet along the easterly margin of said Hi~lyard Street to the true point of beginning
thence South 89° 41' 42" East 15.4 feet along a line parallel with and 54.4 feet
South of the centers i ne of 30th Avenue has established by the offs ce of the City
En sneer, Eugene, Oregon} thence South 45° 14' 49" West 2].23 feet to a point on the
9
easterly margin of Hilyard Street; thence North 4° l6' 00" East along said r~argin line
15.0 feet to the true point of beginning, all in Lane County, Oregon.
ii~..s ~'
18-o3oQ, 21 500
;;A~,RA;1T~ DEED D-15f
FOR VALUE RECEIVED
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the grantor, do_ hereby gr t, bargain, sell and convey unto
the grantee ,the fo]Iowing described premises,, to-wit;
Beginning at the Northwest carver of lot ~ S, B3 ock 6 i n the Amended P3 at of City
4ut3ook as platted and recorded in Book 45, Page 36, Lane Caunty, Oregon Plat Records;
thence North S9° 54' 30" East a3ong the North Sine of said Lot 38 35.4 feet; thence
South 44° 54 ` 3 5" West 23 . ~3 feet to a poi nt on the West 3 i ne of said Lot 3 8, thence
North D° C6' CC" ~~est a3ong said hest Sine 35.D feet to the paint of beginning, a33 in
bane County, nregon.
~~~~~
~~e true and actual consideration for this transfer is $
~~he fare~oing recital of con4iderstian is true as I verily believe,
TG HAVE ACID TO HOLD the said premises, with their appurtenances unto the said Grantee ,
heirs and assigns forever. Ana the said Grantor ~do hereby covenant t4 and with the said Grantee ,
that he the owner i~~ fee simple of Baia premises; that they are free from all incumbrances
and that he will warrant and defend the same from all lawful claims whatsoever.
Dated:
STr,TE DF QREGD~i, CQUNTY DF ~.ANE, ss: v o ~ ~ ~
Gn this day of 19 ro ~. ~ o ~