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HomeMy WebLinkAboutResolution 06-26 06/05/2006 . . . RESOLUTION NO. 06-26 A Resolution Authorizing the Institution of a Proceeding in Eminent Domain for the Acquisition of Property Interest for the South 42nd Street Reconstruction Project, City of Springfield Project No. P20457 and the Immediate Possession of Property. The Common Council of the City of Springfield finds: A. The Common Council of the City of Springfield has authority under provisions of the City Charter and applicable state law to institute proceedings in eminent domain for the acquisition by condemnation of private property for public street improvement purposes, including surface paving, storm sewer/sewage, sanitary sewer/sewage, curbs, gutters, planter strips, street trees, street lights, and sidewalks. B. The City of Springfield has entered into an Intergovernmental Agreement for the South 42nd Street Improvement Project, (South 42nd Street Reconstruction Project, Main to Jasper Road) Lane County Project No. 79882-2 and City of Springfield Project No. P20457, with Lane County dated 12/27/04. C. Under "County Agrees To" Section 5 of said Intergovernmental Agreement the County agrees to: Provide right-of-way and easement acquisition services, including appraisals and negotiations with property owners, for PROJECT, and acquire property for PROJECT on behalf of the CITY as CITY property or right-of-way. If unable by negotiations to reach an agreement for the acquisition of the necessary real property rights needed for PROJECT, commence and prosecute, in the Circuit Court of Lane County, in the name of the CITY, any necessary proceedings for the condemnation and immediate possession of necessary real property rights and for the assessment of damages for the taking thereof. D. Under "City Agrees To" Section 8 of said Intergovernmental Agreement the City agrees to: Through CITY Council action, authorize COUNTY to commence and prosecute, in the Circuit Court of Lane County, in the name of the CITY of Springfield, any necessary proceedings for the condemnation and immediate possession of necessary real property rights and for the assessment of damages for the taking thereof if the COUNTY is unable by . . . negotiations to reach an agreement for the acquisition of the necessary real property rights. City Council action shall be completed prior to the commencement of right-of-way acquisition activity by COUNTY. E. The proposed Project is in compliance with and in furtherance of adopted City plans and policies and is necessary to effectuate the City of Springfield Street Plan, a copy of which is attached hereto and incorporated by reference as Exhibit B. F. The proposed Project is in compliance with and in furtherance of the City of Springfield Engineering Design Standards and Procedures adopted by the Common Council in October 2002. G. In order to complete the South 42nd Street Reconstruction Project it is necessary to acquire certain property ownership interests to complete the road widening and intersection improvement work in order to make provision for the improved street as well as the surrounding area. H. In order to complete the Project and provide for the improved street, road widening and intersection improvement work needs to be undertaken and completed. I. The Road Improvement Project stems from Main Street on the north to Mt. Vernon Street on the south a distance of 0.41 miles. This section of the road is slated to be built in the summer of 2006. The acquisition of property necessary for road widening and intersection improvement work described in Recital J is included within this section of the road slated to be built in the summer of 2006. J. In order to complete the Project it is necessary to acquire road right of way across a portion of Map and Tax Lot No. 18-02-05-22, Tax Lot 201 owned by Eagle Valley Development, LLC, which proposed property acquisition area is more particularly described and set forth in Exhibit A, attached hereto and incorporated herein by reference. To serve the planned South 42nd Street Reconstruction Project, the savings to be realized from efficient construction management techniques and the need to facilitate the safe and efficient movement of vehicular and pedestrian traffic requires that the City act promptly to acquire the necessary property interests for this Project. Such acquisition minimizes disruption and injury to private property interests while affording a significant public good. RESOLUTION Page -2- . . . K. The public good realized by the Project far outweighs any damage which the property owner might sustain, particularly in light of the City's obligation to provide just compensation to the affected property owners. NOW THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD, a Municipal Corporation of the State of Oregon, does hereby Resolve as follows: Section 1: The Common Council of the City of Springfield does hereby find, declare, and determine it necessary to acquire the real property more particularly described and set forth on Exhibit A attached hereto and incorporated herein by reference in order to provide for road widening and intersection improvements including surface paving, storm sewers, curbs, gutters, street lights, and sidewalks necessary for the South 42nd Street Reconstruction, City of Springfield Project No. P20457 from Main Street to Mt. Vernon Street. Section 2: The Common Council does hereby find, declare and determine that in order to complete City of Springfield Project No. P20457 it is necessary to acquire real property for the purpose of road widening and intersection improvement as more particularly described and set forth in Exhibit A attached hereto and incorporated herein by reference. Section 3: If the County is unable by negotiations to reach an agreement for acquisition of the necessary real property rights the Common Council, pursuant to its Intergovernmental Agreement for Right Of Way Acquisition Services, between the City of Springfield and Lane County does hereby authorize the County to commence and prosecute in the Circuit Court of Lane County in the name of the City of Springfield any necessary proceedings for the condemnation and immediate possession of the necessary real property described in Exhibit A and for the assessment of damages for the taking thereof. Section 4: The Common Council hereby declares that the improvements above set forth are for a public purpose, are necessary for the public welfare, the project is planned or located in a manner which will be most compatible with the greatest public good and the least private injury, and are authorized under the laws of the State of Oregon and Charter and ordinances of the City of Springfield. Section 5: Immediate possession of the property described in Exhibit A is considered necessary and the Common Council further directs and authorizes the County to obtain for the City immediate possession of the real property described in Sections 1 and 2 herein above. RESOLUTION Page -3- . . . Section 6: The Common Council further declares that the real property interests described in Sections 1 and 2 shall be used by the City of Springfield for public purposes at the earliest possible date and, in any event, no later than ten years from the date this Resolution is adopted by the Council. Section 7: 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 this 5th day of June 2006, by a vote of ~ for and ---1L against. APPROVED by the Mayor of the City of Springfield this 5th day of 2006. . C1-L-eiken-;-Mayor ohn Woodrow, Council President ATTEST: Amy~ci~t;;r ~~~V!cWED & APPRO\!~D /) :~ORM \ \ ~'-~-> ~\~ O::TE:_S"_J. 2S Jal:> OFFICE OF CITY ATTORNEY RESOLUTION Page -4- . . . EXHIBIT A LEGAL DESCRIPTION A parcel of land lying in the Northwest one-quarter of the Northwest one-quarter (NW ~ NW ~ ) ofSecnon 5. Township 18 South, Range 2 West of the Willamette Meridian, Lane County, Oregon. and being a' portion of that tract of land conveyed to EAGLE V ALLEY DEVELOPMENT, L.L.C.. an Oregon Limited Liability Company by that certain deed recorded October: 30, 2001, Recorder's Reception Number 2001..071871, LANE COUNTY OREGON DEED RECORDS, included in a strip of land variable feet in width lying on the westerly side of the centerline of South 42l11f Street as surveyed by Lane County in 2006; the centerline and widths in feet being described as follows: BegiDning at Engineers' Centerline Station L 26+00.00 POT, said station '\:Ieing 1,021.43 feet South and 300.32 feet East of the West Southwest Comer of Donation Land, Claim Number SS in Section 32, Township 17 South, Range 2 West of the Willamette Meridian. Lane County, Oregon; run thence North 1042' 16" East, 421.92 feet; thence along a spiral curve left in which S;::; 210 00' (the long chord of which bears North 5017' 16" West, 149..11 feet) a distance of 150.00 feet to Engineers' Centerline Station L 31+71.92 PSC and there ending, all in Lane County, Oregon. The widths in feet of the strip ofland herein described are as follows: STATION TO STATION WIDTH ON WEST'LV ~lDE OF C/LlNE L 28+00.00 POT L 30+21.92 PS 35 ft tapering on a straight line to 33.50 ft L 30+21.92 PS L 30+57.41 POS 33.50 ft. The westerly line of the above descn'bed strip of land crosses GR.A.NTOR'S southerly and northerly property lines opposite approximate Engineers' Centerline Stations L 29+16 POT and L 30+57 POS, respectively. The parcel of land to which this description applies contains 1.942 square feet, more or less. The bearings used herein are based on a bearing of South 00 44' 12" East between L.C.CM. 1226 and L.C.CM. 18-02-50 ELL, said bearing based on the Oregon Coordinate System (NAD 83/91), South Zone. Page 1 of 1 LEGAL DESCRIPTION L1394-09BS South 42nd Street - rr/jes - 317/2006 18-02-05-22 201 ~ j Q 1 jP9D w t:J. 7lrrj [2pJ · lJ I '"'lnn ~ I boU/ ~CJd~b~ ~Iln ~. ~DC[] 1 " d L? [] ~ISJ' Q ~CJ jD[Jr~ :: 1 I 0 ---,0 L1 um=_ n ~. lel :J W D Jv~~~r f;J riff CJ 8..: dfc;]ID\ 0{fJ C"""J c? n CJ 0 -{J\ JL?/C:I![S, 'I[j 00 0 ~ ~ r=,.jJ Q" (j.:{ ~ p. LJ CJ Lt. 12, 8 O'.::J C:J D [] D~ J- :? UL:l~ o~ ~LriL , = liS DC Q CJ ? ( ~ ~ - 0 rr b fr Q~oO Dc. '_ (:: c; 0 (Q r"-,[r::,- _n nn1 C &; 9~,~uL ~ ~rD ~; [? d '-- 1r.:J, L...vJ 1 L.;-J ~"D D LJ ..r ~ 0 0 ( tJ n-~ c: ~ ~T~lGl (IrlrP U Cc::P q c: ;; Daisy Stree ' , 1 u) - ~D~rtb[J[J 0 ~l I D D6 [;:1[;: c;] 12: cD '[; c /' ,... r 1 L..J a rs. 1P--' ~ 1) ~r-'::Lr ~ Gf=J~ ~ DOl ~ V c;j \ DJ \ ~ ~~~~CJrD~~~~~<P~ ~~~[j~\ '-::;k:. \) (> Tax Lot '\ '\. (f ~h::J!~ ~ 6~ 0 1802052200201 tJ\ \ ' \JJ" '<<00 m F "-.ID I O,\)y lQIJ-- 0 -'--- ~ ~,I 7W ~ ~ "gJIJ1JtJr S~? 'J!I DTO '(\Sa -007'-/, .. -=-~ '--~ 'b ~ ( 8~ 0 -LJ IODqOD'.lr-~T\ 0 ---- I, ILJ '-..-.J ~ I- -~~ n DG,WL.'J :? E ~J ~ ( fr - -r--- -r--r--YnJon Pacific R-a"' --r::-;" I r~ad :1lnl .42nd Street Reconstruction Project Scale 1 inch = 240 feet . . t ' I ACQUISITION MAP EXHIBIT B I V, WM ~ \ I I I I '! $ . ir;; ~~G ~'l~ "', ., ~~~'i !~ :~~ ': :'! ~~i ,~'~ .<is,, I...~ l~~ i.~;;" ~~t, ~,~ t ','" ."J;,~..: . " I 'f.. ;,-..1t\~'P ~1 9 " . ,,\ ~~,~ tf~' .\ '\ ", ~:'" '.:.:'1,..'. I tl~ ~ ."" . ; .: I \~, '. f. :,: . .~ I '....: '':JJ':l,~,'. . r~l ..-.."""'""C.... '- ~" .-.'; ~~= 1:I..h.*,:";:~ ;..< ~. ".' ~ll ~..." -- il; ii- 7. 'H 200 i~ C:! ~ Iflq; ::~ ~llao( :t!':~~t.!l ntn~! ~ 0td SbWt t2nd $bHt .",.""., i ~ I ." ~ i ,4..1 ~ ~ iii) t~.,; 'o!:'- ... ~ .... ~ ",!'Jot 'f,,:, ,/",J. t'"...! ~I .: , , , ~:'~!1~:" 1tJ -:j .,:; ~.~ '{, t~ ... "/:'i . '\, :J... 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