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HomeMy WebLinkAboutOrdinance No. 18681ORDINANCE NO. I D ~~ AN ORDINANCE AUTHORI~TNG THE INSTITUTION 4F PRO- CEEDINGS IN EMINENT DOMAIN FQR THE ACQUISITION BY CONDEMNATIo~3 OF PROPERTY T~~TERESTS ALONG A ROUTE KNOWN AS THE PIERCE-JEFFERSON 115 kv TRAi.~SNiISSION LINE FOR TRANSMISSION AND DISTRIBUTION OF ELFCTRI~- CTTY; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: The City Council has authority under the provisions of the Charter of the City of Eugene and applicable state laws to institute proceedings in eminent domain for the acquisition by condemnation of private property for public purposes, including easements for trans- mission and distribution of overhead and underground lines for use by the Eugene Water & Electric Board and public utility joint users with whom they may contract, Because of the increased volume o~ building in downtown Eugene and in and around the downtown areas there is increased electrical demand, and it is necessary to furnish electricity to those areas and to relocate certain distribution lines. The Eugene Water & Electric Board is in the process of estab- lisping what is known as the Pierce-Jefferson 115 k~ Transmission Line to the Jefferson Substati.vn for service to downtown Eugene and relocating certain distribution lines along that route. ~iearings have been held by the City, and affected neighborhood groups have been contacted ~.n order to determine the roost feasible route for the line to meet the stated purposes. The Eugene mater & Electric Board has advised the City that the route as described on Exhibit "A", which is attached hereto and incorporated by reference constitutes the Most beneficial location, ordinance - 1 ~s~sl Location of the line along the route described on Exhibit "A" hereto necessitates the acquisition by the City of permanent ease- ments as described therein, which in the City's judgment constitutes the most beneficial and practical location for the line.. Now, there- fore, THE CI Ty of EUGET3E DOES aRDAIN AS FOLLq~!~S Section 1. Based upon the above findings, which are incorporated herein by reference, the City Council of the City of Eugene does hereby find, declare, and determine it necessary to acquire certain ownership in permanent easements for the route of the Pierce-Jefferson 115 kV Transmission Line, as described on Exhibit "A", attached hereto and incorporated herein by reference, in order to erect and maintain electric transmission and distribution lines w~.th appurtenances over and under the property for use by the Eugene Water & Electric Board and of any of its contract joint users. Section 2. The City Council does hereby direct that the City of Eugene, acting by and through the Eugene water & Electric Board, shall institute proceedings in eminent domain for the condemnation of the above described interests in real property for location of the Pierce-Jefferson 115 kV Transmission and Distribution Lines, and that at least 2d days prior to the filing of any action far condemna-. tion, the Eugene Water & Electric Board shall make a written offer to the owners or parties having an interest therein of a stated .amount as compensation therefor and for any co~pensable damages to remaining property. Section 3. The C~.ty Counc,~l hereby declares that the impravew menu above set forth are for a pub~.ic puxpose, are necessary far Ordinance -- 2 1868/ the public 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 115 kv Transmission Line as described on Exhibit "A" hereto is planned and located in a manner that will be the most compatible with the great-~ est public good and create the least private injury, and the inter- ests in real property described an the Exhibit hereto shall be used by the City of Eugene, acting by and through the Eugene Water & Electric Board, for public purposes at the earliest possible date, and, in any event, no later than ten years from the date this 4rdi- nonce is adopted by the Council and approved by the Mayor, Section 5. The provisions contained herein concern the public welfare and safety, and it is necessary to acquire .the rights-of-way and commence construction of the 115k~T Transmission Line at the earliest possible date to insure an adequate supply of electricity to downtown Eugene and the downtown area; therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council, this 1 l ~ 198 day of~l~ , r r City Record x Appx'oved by the Mayor this ~ ~*~ day of ~ 1 19 80 ~/ ?~ayor Ordinance -~ 3. 1868/ EXHIBIT"A" LEGAL DESCRIPTION OF RIGHT OF WAY FOR THE PIERCE-JEFFERSON TRANS(~ISSION LINE RIGHT OF WAY CENTERLINE Bearings used herein are based upon the Oregon Coordinate System, South Zone. Commencing at the South one quarter corner of Section 36, Township 17 South, Range 4 West of the Wi 11 amette Meridian, Lane County, Oregon said corner also being the Southeast career of Lat 6, Horn's Addition to Eugene, as platted and recorded i n Book "W", page 101, Lane County Oregon Deed Retards. Run North 56.2 feet and West 711.4 feet to Engineer`s station 6+39.52 being the TRUE POINT OF BEGINNING marked by the position of EWER electrical transmission pole number 11204 as i t exists on June 30, 1980; thence along an Engineer's survey center] i ne the following courses and distances: Bearing Distance to Engineer's Centerline Station N SS° 21' 30" E 240.01 8 + 79.53 S 62° 30' 30" E 147,23 10 + 26.76 N 10° 38' 45" E 173.59 12 + 00.35 N 13° 54' W 308.02 15 + 08.37 N 15° 56' 45" E 189.25 16 + 91.65 N 73° 41' 45" E 349.04 20 + 46.69 N 0° 15' 15" W 292.10 23 + 38.79 N 1° 47` 15" E 302.62 26 + 41.41 N 1° 48' 15" E 293.79 29 + 35.20 N 4° 05' 30" E 200,93 31 + 36.13 N 89° 2 4' E 171.79 33 + 07.92 S 88° 06` E 361.13 36 + 69.05 S 8S° 49' 30" E 378.85 40 + 47.90 S 87° 20' E 352.39 44 + 00.29 S 58° 03' E 351.99 47 + 52.28 S 58° 06' E 402.00 51 + 54.25 S 58° 11' E 385.36 55 + 39.64 S 88° 05` 15" E 391.43 59 + 31.07 S 88° 15' 15" E 383.28 63 + 14.35 S 88° 02` 45" E 385.40 66 + 99.75 S 88° 00` E 378.98 70 + 78.73 S 86° 0$' E 212.01 72 + 90.74 S 0° 4 0` 30" E 200.25 74 + 90.99 S 1° 45 ` 30" W 176.00 76 + 66.99 S 0° 09' 30" W 178.26 78 + 45.25 To a point of termination within the Jefferson Substation site, from which point the intersection of the centerlines of 15th Avenue and Jefferson Street bear S 41° 33 ` E 294.50 feet. Exhibit "A", Page 1 3100E56 1X681 BOUNDARY LEFT OF CENTERLINE The right of way i s bounded on the ~ eft of the centerline described above by a series of straight lines which connect the fol 1 owi ng described points; Engineer's Centerline Station fi + 39.52 7 + 05.3 7 + 63,5 8 + 22.6 8 + 79.53 9 + 47.64 10 + $0.98 11+33 12 + 00.35 13 + 03 14+06 14 + 73.8 l5 + 08.31 15 + 71 16 + 34 16 + 97.65 18+14 19+34 20 + 46.69 23 + 38.79 26 + 41.41 29 + 35.20 31 + 36.13 33 + 07.92 3fi + 69.05 40 + 47.90 44 + 00.29 47 + 52.28 51 + 54.28 55 + 39.64 59 + 31.07 63 + 14.35 fib + 99,75 l0 + 78.73 72 + 90.74 78 + 45.25 Bearing Distance N 1° 33' W 13,0 N 1° 33' W 17.D7 N 1° 33' W 17,72 N 1° 33' W 17.30 N 2° 24' E 7.00 N 27° 30' E 31.40 N 79° 21' W 25 N 79° 21` W 25 N 88° 10' W 21.5 S 76° 06' W 34 S 76° 06' W 34 S 76° 06` W 21 N 88° 59' W 21.7 N 74° 03' W 25 N 74° 03' W 25 N 45° 11' W 24 N 16° 18' W 34 N 16° 18` W 34 N 65° 31' W 34.13 N 89° 13' W 31.01 N 88° 12' W 31.00 N 87° 03' W 31.01 N 49° 53' 15" W 38.33 N 0° 39' E 35.01 N 1° 32' E 35.00 N l° 55' E 35,00 N 2° 18' E 35,oD N 1° 55' E 35,00 N 1° 52' E 35.00 N 1° 51' E 35,00 N 1° 50' E 3 5.00 N 1° 51` E 35.00 N 1° 59' E 35.00 N 2° 5fi' E 35.00 N 48° 25' E 49.10 S $8° 15' E 22 Exhibit "A", Page 2 3100E56 !8681 BOUNDARY RIGHT OF CENTERLINE ____.~._ The right of way is bounded on the right of the centerline described above by a series of straight 1 i nes ~ un 1 es s otherwise Hated above } which connect the following described points: Engineer's Center] i ne Station Bearin Distance 6 + 39.52 S 1° 33' E 27 8 + 19.53 S 1° 33' E 21 10 + 16.8 S 21° 30' W 24.71 10 + 26.16 S 22° 21' W 55.57 10 + 26.76 S 15° 00' E 62.$4 10 + 73 S 19° 21' E 27 11 + 17 5 79° 21' E 27 11 + 85 S 19° 21' E 20.7 12 + 00.35 S 8fi° 21' E 21.5 13 + 43 N 1fi° Ofi' E 34 14 + 06 N lfi° 06 ` E 34 15 + 08.37 S 88° 59' E 21.1 15 + 11 S 14° 03` E 25 16 + 34 S 74° 03' E 25 16 + 91.65 S 45° 11' E 24 11 + 88.7 S 16° 18` E 30 18 +14 S1fi° 18' E 34 19 + 30 S 16° 18' E 34 20 + 46.69 S 1° 32' E 23.18 20 + 46,69 S 54° 03' E 42.72 Thence along the arc of a 999.99 foot radius curve right the 1 ong chord of which bears N 2° 32' 45` West 152.04 feet. 21 + 73.4 N 89° 45' E 28.38 21 + 69.49 S 88° 12' E 34.49 21 + 69.49 S 88° 12' E 28.94 31 + 12 S 85° 55` E 22.04 34 + 13.29 S 1° 54' W 32.56 34 + 13.28 S 1° 54' W 21.55 38 + 12.92 S 1° 10' W 30.26 38 + 72.93 S 1° l0' W 29.26 40 + 52.14 S 2° 40' W 31.46 40 + 52.08 S 2° 40' W 26.46 41 + 30.07 S 2° 40' W 25.44 41 + 3D.14 S 2° 40' W 30.44 42 + 64.11 S 2 ° 40' In~' 28.49 42 + 64.19 ~ S 2° 4 0' W 29.49 45 + 8x,82 S 1° 51' W 27.59 45 + 80.$2 S 1° 57' W 26,59 47 + 52.28 S 4° 09' W 26.38 47 + 52.28 S 4° 26' W 23,39 48 + 09.25 S 1° 54' W 23.3$ 48 + 09.24 S 1° 54' W 27.38 49 + 80.24 S 1° 54' W 27.43 Exhibit "R", Page 3 31ooE56 Eng~ peer's Centerl ~i pie ~~ _5tat~ o~~ ~~r~'i ~~~. D~ stance 49 -~ ~0. ~5 S ~ `~ :~~' ~~t 21.43 50 -~ 43.z4 S 1 ~ ~4 ` ~~t 24,45 50 ~~~43.24 5 ~° `}~` ~~~ Z7.45 UJ ~ 'tJ «~~ J ~~ ~~O` ~i't ~7r~~ 69 ± 47 r~6 ~ ~~ ~O' ~~t ~~.~~.• 7~ + 33. o~ s 3~. 5z' ~~t . ~ zo. 07 . 7~ + X3.20 s 3° ~.t ~z' ~ ?5,07 7~ + 75. ~ ~ S 3° 52 ` tit 20.24 ~$ + .45.~~ ~ ~~~ ~a~ ~•~ ~o Also, for distribution lines over and under the followin desc , g ribed prape~ty, Commencing at the Sout~~ quarter corner of Section 3b Tvwnshi 17 S ~ West of the ~J:~1lamette ~~eridian r P auth Range o ~ -~ un North 0,000' 3D" West 350.Op feet; thence North 89 02 30 West 24.15~feet to the intersection of the We of Chambers Street Faith the North Line st line of 17th Avenue West, thence South 12.49 feet; thence ~~est X50.35 feet to a point on the North line o f 17th Avenue ~~est; thence North 0°32' ~.4" East 112.66 feet to a point marked b a 5~8" d~.ameter rod driven in the ground accordin t ~ g o ths.t survey for Cedar Lane Company filed as Lane County, Oregon Surveyor reception number 1 6 said rod also markin the TRUE P ~ ~ 91 °~ o ~ g 4TNT OF $EGINNIIVG of this descript~.on; thence South 0 32 14 West 13.00 feet; thence North 88°25' West 1.1.00 thence North 0°32' 1~}" East 13, DO fee ~ f aet' t thence Nort~~ 88°25' West 100.04 feet; thence North 0°32'14 " East 6.00 feet; thence South 8$°Z5' East thence South 0°32'14" West b 111.00 feet; .ao feet t0 the TRUE POINT OF BEGINNING. Bear- ings used in the above description are based upon those used i filed as rece tion number 19160 n said Survey P and . Commencing at the South quarter corner of Section 36 Townshi ~.7 So 4 West of the Willamette Meridian run N o + P uth Range orth 0 05 ~~'est 34 feet; thence North $9°Q2 ` ~~est 255 feet; thence North 2°18' East 120 feet BEGINNING marked b an i to the TRUE PAINT OF y ron rod driven in the ground according to that curve filed as Lane County, Qregon Surveyor's reception number 992 - ~ y 89°02' East b.QO feet• 3, thence South thence South 2°18' West 6.00 feet? thence North $9°D2' West 51.04 feet thence North 2°18' East 6.OD feet • 89°D2' East 45.00 e ~ thence South f et to the TRUE PAINT OF BEGINNING. Bearin s used in the above description are based u on those sh g p own on said survey filed as reception number 9923, Fxhib~ t "~", P~~c~ ~ 3~4DE55