HomeMy WebLinkAboutResolution 07-42 09/17/2007
RESOLUTION 07 - 42
A RESOLUTION DECLARING CERTAIN REAL PROPERTY OWNED BY THE
CITY OF SPRINGFIELD SURPLUS AND DIRECTING THE CITY MANAGER
TO OFFER SUCH PROPERTY FOR SALE
WHEREAS, by warranty deed dated February 2, 1993, the City of Springfield
acquired certain parcels of real property including a parcel identified as Map 17032200,
Lot 3200, in Lane County (the "Property"); and
WHEREAS, said parcel was acquired from the Sycan B Corp. in fee simple
absolute, and the City's ownership is not limited or qualified nor is the use of such real
property restricted; and
WHEREAS, such acquisition was a part of an acquisition of several similar
parcels constituting an abandoned railroad right of way of the Southern Pacific Company;
and
WHEREAS, except for this parcel, the parcels acquired were used for the
construction of the Martin Luther King, Jr. Parkway; and
WHEREAS, the design of the Parkway was such that this parcel, the Property,
was not required to be used for that purpose; and
WHEREAS, the City Manager has advised the Council that the Property is a
remnant which is not needed for public use; and
WHEREAS, pursuant to ORS 271.310, the City is authorized to sell or otherwise
dispose of property which is not needed for public use where the City's ownership is not
limited or qualified nor is the use of such real property restricted and the Council has
determined that the property is not needed for public use; and
WHEREAS, in the event the City of Springfield desires to dispose of public
property which is not needed for public use it is required by ORS 221.725 to give not less
than five days public notice which notice shall state the time and place of a public hearing
concerning the proposed sale, a description of the property or interest to be sold, the
proposed uses for the property and the reasons why the city council considers it necessary
or convenient to sell the property; and
WHEREAS, Springfield Municipal Code Section 2.714 provides that the City
may dispose of surplus property by any means determined to be in the best interest of the
city with due regard for the value the city will receive from the disposal of the surplus
property;
RESOLUTION Page -1-
NOW, THEREFORE, BE IT RESOLVED, THAT The City Council hereby
finds and determines that the Property is not needed for public use; and
BE IT FURTHER RESOLVED, that the City Manager is directed to provide
written notice to owners of any abutting property and to advertise in a paper of general
circulation that the City has determined the Property is not needed for public use and that
the City will entertain any offers in writing for purchase of such property, provided such
offers are accompanied by an appraisal by an MAI certified appraiser; and
BE IT FURTHER RESOLVED, that the City Manager is directed to review any
offers for purchase of the property and may in his discretion secure a review of the
appraisal by independent competent appraiser, and if such offers be received, schedule,
pursuant to ORS 221.715, a public hearing at such time as he shall determine convenient
to permit the Council to take testimony and consider such offers; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon
adoption by the Council and approval by the Mayor.
Adopted by the Common Council of the City of Springfield, Oregon, by a vote of
~ for and ~ against, this 17th day of September, 2007.
lJ.
ATTEST:
~~
N:\City\RESOLUTI\sale of property. doc
REViEWED & APPROVED
~ TO FORM .
-JO ~~\., -J '-- ~ ,~
DATE:~Cuut:>l
OFFICE OF CITY ATTORNEY
RESOLUTION Page -2-
RESOLUTION NO. 07-42