HomeMy WebLinkAboutResolution 05-38 06/06/2005
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SKILLERN
RESOLUTION NO. 05- 38
A Resolution Authorizing the Institution of a 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 PROJECf, and
acquire property for PROJECf on behalf of the cm as cm property or
right-of-way. If unable by negotiations to reach an agreement for the
acquisition of the necessary real property rights needed for PROJECf,
commence and prosecute, in the Circuit Court of Lane County, in the
name of the cm, 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 cm Council action, authorize COUNTY to commence and
prosecute, in the Circuit Court of Lane County, in the name of the em of
Springfield, any necessary proceedings for the condemnation and
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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.
H.
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.
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. 18-02-05-23, Tax Lot 100 owned by
Skillern Investments 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 South 42nd Street
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Reconstruction/Improvement 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 Easement property described in Exhibit A and for the assessment of damages
for the taking thereof.
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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 interest described in Sections 1
and 2 herein above.
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 ~ for and ~ against.
APPROVED by the Mayor of the City of Springfield this ~ day of June 2005.
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Sid ike~ayor
ATTEST:
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.AI+l~' Sowa,...City Recorder
N:\CfTY\Pworks\South 42nd Street\Skillern Resolution.wpd
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OFFICE OF CITY ATTORNEY
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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 SKILLERN INVESTMENTS
LIMITED PARTNERSHIP, by that certain deed recorded January 24, 1996, on Reel 2134,
Recorder's Reception Number 9604857, 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 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 2,486.25 feet
North and 81.00 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 1042' 16" East, 400.00 feet to
Engineers' Centerline Station L 12+00.00 POT and there ending, all in Lane County, Oregon.
The widths in feet ofthe strip ofland herein described are as follows:
STATION TO STATION
WIDTH ON WEST'LY
SIDE OF C/LINE
L 9+70.72 POT
L 10+41.06 POT
90.52 feet tapering on a
straight line to 133.97 feet
L 10+41.06 POT
L 10+69.00 POT
133.97 feet tapering on a
straight line to 71 feet
L 10+69.00 POT
L 11 +02.00 POT
71 feet tapering on a
straight line to 40 feet.
The westerly line of the above described strip of land crosses GRANTOR'S southerly and easterly property
lines opposite approximate Engineers' Centerline Stations L 10+41 POT and L 11+02 POT, respectively.
The parcel ofland to which this description applies contains 2,292 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 1 of 1 LEGAL DESCRIPTION
L1377-02BS South 42nd Street - rr/jes -05/17/2005
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Sife Addr: 4164 Jasper Road
4196 Jas~r Road
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Sik Addr. 98.3 S. 42nd. St.
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Total Ac. 1.92
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