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Home My WebLink AboutResolution 05-37 06/06/2005 ,., .,. ., . . . SCHOElTLE RESOLUTION NO. 05-37 A Resolution Authorizing the Institution of Proceeding in Eminent Domain for the Acquisition of Property Interest for the South 42nd Street Improvement Project (South 42nd Street Reconstruction Project, Main to Jasper Road) Lane County Project No. 79882-2, City of Springfield Project No. P20347 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. P20347, 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 \ ,;. .J) . . . . 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 Conceptual design elements approved by motion of Intent to construct street improvements for the South 42nd Street Improvement Project adopted by the Common Council on December 6, 2004. G. The proposed Project has been reviewed, thoroughly discussed by the Council in Work Sessions and Public Sessions which occurred before the Council on November 29, 2004, December 6, 2004 and March 28, 2005. In order to complete the South 42nd Street Improvement 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. I. In order to complete the Project and provide for the improved street, road widening and intersection improvement work needs to be undertaken and completed. J. The Road Improvement Project stems from Main Street on the north to Jasper Road on the south a distance of 0.8 miles. The Project will be split into two consecutive construction seasons. The section of the road south of the railroad is slated to be built in the summer of 2005. The section north of the railroad will be constructed in 2006. The acquisition of property necessary for road widening and intersection improvement work described in Recital K is included within that section of the road south of the railroad slated to be built in the summer of 2005. K. In order to complete the Project it is necessary to acquire road right of way across a portion of Map and Tax Lot No. 18-02-05-24, Tax Lot 8300 owned by Brian K. Schoettle 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/Improvement RESOLUTION Page -2- ~'\ I' I. . . . 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. L. 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, sanitary sewers, curbs, gutters, planter strips, street trees, street lights, and sidewalks necessary for the South 42nd Street Improvement Project, Lane County Project No. 79882-2 and City of Springfield Project No. P20347 from Main Street to Jasper Street, particularly that section south of the railroad scheduled for construction during the summer of 2005. Section 2: The Common Council does hereby find, declare and determine that in order to complete Lane County Project 79882-2 and City of Springfield Project No. P20347 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 the South 42nd Street Improvement Project, Lane County Project No. 79882-2 and City of Springfield Project No. P20347 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. RESOLUTION Page -3- '\ ... .~ . . . 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. 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 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 6th day of June 2005, by a vote of ---L for and ----L- against. APPROVED by the Mayor of the City of Springfield this 6th day,pf 2005. ATTEST: ~~ Amy So\'va, City Recorder \. N:\CITY\Pworks\South 42nd Street\Schoettle Resolution.wpd ~'. ';;Y':ED 8\ APPROVED '~~Vi ~ ~\.~ ~~, . :.:~:_'- ~L.3_\-1 D~ . ;")rrICE OF CITY ATTORNEY RESOLUTION Page -4- /' " ." ';' /' . ;/ :il/ , ,," v ~ l .I' ,,/ 1 ;" . . EXHIBIT A LEGAL DESCRIPTION A parcel of land lying in the Southwest one-quarter of the Northwest one-quarter (SW ~ NW ~) of Section 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 BRIAN K. SCHOETTLE by that certain deed recorded June 9, 2004, Recorder's Reception Number 2004-043638, LANE COUNTY OREGON DEED RECORDS, included in a strip of land variable feet in width lying on the easterly side of the centerline of South 4200 Street, as surveyed by Lane County in 2005; the centerline and widths in feet being described as follows: Beginning at Engineers' Centerline Station L 8+00.00 POT, said station being 2,486.26 feet North and 80.54 feet East of the Brass Cap marking the Southwest Comer of the A. Arthur Donation Land Claim Number 63 in Section 5, Township 18 South, Range 2 West of the Willamette Meridian, Lane County, Oregon; run thence North 10 51' 19" East, 175.00 feet; thence North 10 42' 16" East, 225.00 feet to Engineers' Centerline Station L 12+00.00 POT and there ending, all in Lane County, Oregon. The widths in feet of the strip ofland herein described are as follows: 'STATION-TOSTATION- """ '-WIDTHON-EAST'LY. SIDE OF CILINE L 9+45.00 POT L 9+59.17 POT 30 feet tapering on a straight line to 41.10 feet L 9+59.17 POT L 10+70.91 POT 41.10 feet tapering on a straight line to 56.75 feet. The easterly line of the above described strip of land crosses GRANTOR'S westerly and northerly property lines opposite approximate Engineers' Centerline Stations L 9+45 POT and L 9+59 POT, respectively. The parcel of land to which this description applies contains 79 square feet, more or less. The bearings used herein are based on a bearing of South 00 44' 12" 'East between L.C.C.M. 1226 and L.C.C.M. 18-02.50 ELL, said bearing based on the Oregon Coordinate System, (NAD 83/91), South Zone. Page I of 1 LEGAL DESCRIPTION L1377-12BS South 4200 Street - rr/jes - 04/29/2005 18-02-05-24 8300 -I ., J' f (7" . ca - . 889.1I0J8 Ni' 4.27.],".1.:/1 c Fd. 2:"1/2- Bross Cop tCCM 18-02-50 ELL ~ Lone Counly T18S R2W ---11997 SW DlC,6J,.,. Surveyors.. Office NW 1/4 SEe 5, I. . ~I:~\ , .' !"'j . ll.l" . .: . II !~!~:: i':: ~. la',;,1 : ;;<<1) ~ Itt::! ~ I!Qa . I ! ! : ~I'f ~ , I' ,,~ ~ I . ! I 1,1:) ~: ,. I; I, ;;~ ~ 'I' I' :i.; ~ . II I ! i i II ~ : " f:1l~~!' it I I ,\. , I. I.. .. ,~t ~ !-. . i ,! I.....~ '.. . ! . ~ ..11I !I ! V i~ I ( . ji ,;:. EXHlBIT B l~t':JI ~ n I .~ ii 18-02-tJ$-2.1 71 IfX) RoIwt C. ~. ~ L K1rIww Sb Addr. 1020.s: 42nd strHt .-1 .i- .,' ~ '.. ,. \ .. ..) " ~l.~~ .. ~ tb c:i . , .~ '. . . " '! Ii II II 11 II II II I , .. I': '.. 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