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HomeMy WebLinkAboutResolution 06-13 03/20/2006 . . . RESOLUTION NO. 06-13 A Resolution Authorizing the Institution of a Proceeding in Eminent Domain for the Acquisition of Property Interest for the 21st Street Reconstruction Project, City of Springfield Project No. P20405 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 Right Of Way Acquisition Services with Lane County dated 09/19/05. c. Under "County Agrees To" Attachment A Section 1 of said Intergovernmental Agreement the County agrees to: Upon written request from CITY, COUNTY will provide right-of-way and easement acquisition services, including appraisals and negotiations with property owners, for projects within the corporate limits of the City of Springfield and within CITY's urban growth boundary, and acquire property on behalf of CITY as CITY property, right-of-way, or easement. If unable by negotiations to reach an agreement for the acquisition of the necessary real property rights needed for projects within CITY's jurisdiction, commence and prosecute, in the Circuit Court of Lane County, in the name of 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" Attachment A Section 2 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, 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 for each real property only in the event an agreement cannot be reached through negotiations. 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 21st Street Reconstruction Project it is necessary to acquire certain property ownership interest 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. 1. The Road Improvement Project stems from J Street on the north to D 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. 17-03-36-12, Tax Lot 5300 owned by Miller Valley Limited Partnership, 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 21st 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- Resolution No. 06-13 . . . 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 21st Street Reconstruction! City of Springfield Project No. P2040S from J Street to D Street. Section 2: The Common Council does hereby find! declare and determine that in order to complete City of Springfield Project No. P2040S 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- Resolution No. 06-13 . . . 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. ADOPTED by the Common Council of the City of Springfield this 20th day of March 2006, by a vote of ~ for and ~ against. (1 Absent - Fitch) APPROVED by the Mayor of the City of Springfield this 20thdayof March \. ATTEST: Amy~=er ~ (':..v \ ~ \,,(~-() n~O f\\??\t\)\Jf-\~ f\'5. ~ ~O~~f\ I \ ,\ \ a ~ :l \... ~.J'\ \ " - I "3' <.:> ....~ ,,\~ =- C \ '\'\ 0\ '\\'.)0 ~~ 't o ~ ' I:. ~ c::J ~ ..,~ -s::.. N (::, ~ \ c:. \... .() c..L~1 O~ 'So, \ RESOLUTION Page -4- Resolution No. 06-13 . . . .to EXHIBIT A - Page 1 of 1 File P20405028 8/12/2005 ( Parcel 1 - Fee A parcel of land lying in Lot 14, VELURE ADDITION, Lane County, Oregon and being a portion of that property described in that Individual Bargain and Sale Deed to Miller Valley Limited Partnership, recorded September 10, 1996, on Reel 2214R, Instrument No. 9661012 of Lane County Official Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Westerly side of the center line of the relocated 21 st Street, which center line is described as follows: Beginning at Engineer's center line Station 10+00.00, said station being 3,704.14 feet South and 150.03 feet West of the Southeast comer of the A.M. Powers Donation Land Claim No. 69, Township 17 South, Range 3 West of the Willamette Meridian; thence North 1055'47" East 140.25 feet; thence North 21003'13" West 179.90 feet; thence North 1043'47" East 787.13 fee\'; thence North 13024'05" East 601.70; thence North 1056'13" East 517.82 feet; thence South 88018' 32" East 5.00 feet; thence North 1056'13" East 1,181.43 feet; thence North 88015'05" West 0.20 feet; thence North 2013'56" East 325.24 feet; thence North 1050156" East 362.08 feet to Engineer's center line Station 51+00.76. The width in feet of said strip of land is as follows: Station 32+55.00 Station 32+83.13 Width on Westerly Side of Center Line 57.85 in a straight line to 30.00 to Bearings are based on County Survey C.S. 39195, filed March 29, 2005, Lane County, Oregon. This parcel of land contains 229 square feet, more or less. Parcel 2 - Temporary Easement for Work Area A parcel of land lying in Lot 14, VELURE ADDITION, Lane County, Oregon and being a portion of that property described in that Individual Bargain and Sale Deed to Miller Valley Limited Partnership, recorded September 10, 1996, on Reel 2214R, Instrument No. 9661012 of Lane County Official Records; the said parcel being that portion of said property included in a strip of land 36.00 feet in width, lying on the Westerly side of the center line of the relocated 21 st Street, which center line is described in Parcel 1. EXCEPT therefrom Parcel 1 This parcel of land contains 309 square feet, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR ~~~.&:2-- OREGON JULY 21. ,. WAYNE R. DONOVAN UII A'~>-J"'-WAC ::)~_ 11.%0<>" Re~~lati6n~N~. ,@6~13 ~'>--= ; .... , - --~--, ,~ ~ ---- --"---__-r::., --1______--: ) j (..I " 2' 653 ft'l r..vJ ~' I '"l^Jr-- ---071:2-;---- '.' , 1=~--=]~a$e)'I..j. w,eE:~'trr__ea~___~ __, of. M.E.Edmonston II I Ii D.C. Lowry & A.ii~ISiegel R-~~~~82!~r Ij R-1!~?J!:~E_q962 32+31.81 P. OREGON DEPARTMENT OF TRANSPORT A TION N. 879,091.2; SECTION 21st Street: Main to Centennial Blvd. (Springfield) E. 4.265.546.6f. DRG. NO. HIGHWA Y COUNTY SCALE: 1//=50' NW 1/4, NE 1/4, SEC. 36, T.17S., R.3W., W.M. 1027 - 32+26.81 PI N. 879.091.420 E. 4.265.541.671 M.J. Skinner & C.A. Cole Instr. No. 2004031890 13.179 ft.2 , Rem. r ill~~ Vall~~ -~td. :') ,(>~ C-, ~ I Partnership \) <5,>7 \(~,J 'I R9l:j~j~- " \ it\> I, ~'I,\;) IJ P.D. Garcia & , 8665 ft2 R ")! i ~\ YI h, E Duarte I' .:t em. I I }-'> I I; . I /r--------- -___ -1__ ;i Instr. No. 'I L'~!f""=----=;l R.M. B~ugh'(1an , K.t..=I1TJ~~I~J 2003(J,, 75000~,': ~~ :1"',,,11, R-1J594R,I, ~:&,~., r;:;;lnstr. Nfr \,' ~d49 ~t;2:t Rem!! ! l!pi091P ~";<2004089~891 (' l~ ,1 ~ r-- 1 ...J (Cf.154 4;..;t-'RefT}. 8.157 ft.2 ::t!~enL.,. '--I,,,---r' 't:~:::r-i---_.,I , ',' I \ II l/'\, _.Q)----'-r---; 14 Te '1(. ~ ~ase. - Work \ Area II 1 a c' ~,. b 0', ' ~~OJj~,~l~ 1385 ft.2::t 1~ r C1-385 ft~!;t I111 Qc-~'7'v.<: .'2+-:/ 20 '\- I' r ,-------- }~7-.......,------.!...,--- JL,--,,,,,,-'~/1.1..., N - j \, i \ . 't!t --c, -?)-:-....,~l-- :0 l> G.V. & A. :) Hallock ~ R~J003R1 ~ 7~370~61 ) 6.7.28ft.::t1 Rer' I .1-1 A>>ea ' ~~~~C!:.. ( , ::>;:l (1) CIl o t-' ~ rt 1-'. o ::l Z o . ,.... ,-,-""'..... REOISTERED PROFESSIONAL LAND SURVEYOR ~o l';"~ KEY NO. 13407 FILE 028 21st ST. LANE COUNTY OREGON JUly 21. 1992 WAYNE R. DONOVAN 2553 :z . = o 0\ I t-' LV RENEWAL DATE: DEC. 31, 2005 SIGNED: -&~L_L?-~~qE.-i:.. 920 COUNTRY CLUB RD., SUITE IODS CONSUL TlNG ~::: :Ji.~D 68J-6576 ENGINEERS rrr.aJEC.tXM 8/1012005 DATE : AUGUST 12, 2005 II \proJeots\019\019075\01907509\Survey\CAD\ 13407rw. dgn If J 68,- . ; ~,;~,Q [ !rF;~: \,.'l>, , l"'--,.> i" ~, i {^( ( .. ~ lr f, II