HomeMy WebLinkAboutResolution 06-13 03/20/2006
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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
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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
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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.
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Resolution No. 06-13
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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
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RESOLUTION Page -4-
Resolution No. 06-13
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EXHIBIT A - Page 1 of 1
File P20405028
8/12/2005
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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
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OREGON
JULY 21. ,.
WAYNE R. DONOVAN
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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
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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
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32+26.81 PI
N. 879.091.420
E. 4.265.541.671
M.J. Skinner &
C.A. Cole
Instr. No.
2004031890
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, 8665 ft2 R ")! i ~\ YI h, E Duarte
I' .:t em. I I }-'> I I; .
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0', ' ~~OJj~,~l~ 1385 ft.2::t 1~ r C1-385 ft~!;t I111 Qc-~'7'v.<: .'2+-:/
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REOISTERED
PROFESSIONAL
LAND SURVEYOR
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KEY NO.
13407
FILE 028
21st ST.
LANE COUNTY
OREGON
JUly 21. 1992
WAYNE R. DONOVAN
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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
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