HomeMy WebLinkAboutItem 11- Resolution of Necessity- Jasper Trunk Sanitary Sewer Extension
{00033132:1}
AGENDA ITEM SUMMARY Meeting Date: 5/20/2024
Meeting Type: Regular Meeting
Staff Contact/Dept.: Jesse Jones/DPW
Staff Phone No: 541-726-3720
Estimated Time: Regular Session, 10
minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Maintain and Improve
Infrastructure and
Facilities
ITEM TITLE: RESOLUTION OF NECESSITY: JASPER TRUNK SANITARY SEWER
EXTENSION – PHASE 3 (P21065)
ACTION
REQUESTED:
Adopt/not adopt the following Resolution: RESOLUTION EXERCISING THE
POWER OF EMINENT DOMAIN AND AUTHORIZING A RESOLUTION
PURSUANT TO ORS 223.005, ORS 223.105 and ORS 35.600-625
CONCERNING ACQUISTION OF EASEMENTS AND/OR RIGHT OF WAY
NECESSARY FOR THE JASPER TRUNK SANITARY SEWER EXTENSION –
PHASE 3 PROJECT (P21065)
ISSUE
STATEMENT:
The City of Springfield is in the process of designing the Jasper Trunk Sanitary
Sewer Extension – Phase 3 project and is requesting the Council adopt a resolution
Authorizing Easement and/or Right of Way Acquisition needed for the project as
required by law.
ATTACHMENTS: 1. Project Location Map & Easement Diagram
2. Resolution of Necessity & Easement Descriptions
DISCUSSION/
FINANCIAL
IMPACT:
Phase 3 of the Jasper Trunk Sanitary Sewer Extension Project will install
approximately 5,280 feet of 18–24-inch diameter pipe parallel with Jasper Road
from the current termination point located near Mt. Vernon Road to the east side of
Bob Straub Parkway near Brand S Road.
The Springfield City Council approved a Resolution of Necessity for Phase 3 of the
Jasper Trunk Sewer project on February 6, 2023 allowing the City to proceed with
easement acquisition. The City secured the necessary easements on 4 out 5 parcels
along the sanitary sewer alignment. This Resolution of Necessity is for the
remaining parcel and includes the specific easement boundaries identified as shown
in the attachments. The acquisition easement area for the sanitary sewer easement
is 32,491 square feet and the acquisition area for the Temporary Construction
Easement is 20,291 square feet. The property is already encumbered by a public
utility easement for an electric transmission line. The City, unable to reach an
agreement with the final property owner, has hired legal counsel specializing in
condemnation law to advise with this project. Construction of the Jasper Trunk
Sewer – Phase 3 is scheduled to begin in late 2024 and be complete in 2025,
pending resolution of this acquisition.
G:\PDX_Projects\20\2767 - City of Springfield - Jasper Trunk Sewer Phase 3\CAD\Sheets\20-2767-OR-G.dwg G-1 3/18/2022 10:52 AM KENT.HARJALA 23.0s (LMS Tech)SCALEVERT:HORIZ:DATENO.REVISIONBYDESIGNED:DRAWN:CHECKED:APPROVED:10NOTICEDATE:PROJECT:SHEETOF 22MARCH 202220-2767Murraysmithwww.murraysmith.usMARCH 2022VICINITY MAP
SCALE: 1"=3,500'
SPRINGFIELD
LOCATION MAP
SCALE: 1"=1,100'
MT VERNON RD
MAIN ST
WILLAMETTE RIVER
W
ILL
A
M
E
TTE RIV
E
R
M c K E N Z I E R I V E R
WILLAMETTE HWY
BRAND S RD
SPRINGFIELD
NOTE: SEE SHEET G-2 FOR INDEX OF DRAWINGS AND PROJECT KEY MAP.
Attachment 1
Page 1 of 2
Attachment 1
Page 2 of 2
RESOLUTION NO. _________
RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN AND
AUTHORIZING A RESOLUTION PURSUANT TO ORS 223.005, ORS 223.105,
ORS 224.020 AND ORS 35.600-625 CONCERNING ACQUISTION OF
PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS NECESSARY
FOR THE JASPER TRUNK SEWER PROJECT (PHASE 3)
(Project No. P21065)
WHEREAS, the City of Springfield may exercise the power of eminent domain pursuant
to the Springfield City Charter and the laws of the State of Oregon, generally, when the
exercise of such power is deemed necessary by the governing body to accomplish
public purposes for which the City of Springfield has responsibility;
WHEREAS, the City has the authority to engage in activities that promote the health,
safety, and general welfare of the public and is authorized to acquire, own, construct,
and operate utilities and sewer systems within and without city limits;
WHEREAS, the project known as the Jasper Trunk Sewer Project has been planned in
accordance with appropriate engineering standards for the construction, maintenance
or improvement of sanitary sewer system so that health and property damage risk is
minimized, economic development promoted, and environmental laws upheld;
WHEREAS, to accomplish the project set forth above, it is necessary to acquire a
permanent public utility easement and a temporary construction easement over the
property located at map and tax lot no. 18-02-04-00-02500 as described in Exhibit A
and depicted in Exhibit B, attached to this resolution and by this reference incorporated
herein;
WHEREAS, the public good realized by this project far outweighs any damage that the
property owners might sustain, particularly in light of the City’s obligation to provide
just compensation to the affected property owners;
NOW, THEREFORE, based on the above findings, the Common Council of the City of
Springfield does hereby resolve as follows:
Section 1: The foregoing statements of authority and need are, in fact, the case. The
project for which the property is required and is being acquired are necessary in the
public interest, and the same have been planned, designed, located, and will be
constructed in a manner which will be most compatible with the greatest public good
and the least private injury.
Section 2: The power of eminent domain is hereby exercised with respect to acquiring
the public utility easement and temporary construction easement interests in property
Attachment 2
Page 1 of 6
described and depicted in Exhibits A and B. Each is acquired subject to payment of just
compensation and subject to procedural requirements of Oregon law.
Section 3: The City of Springfield’s staff and attorneys are authorized and requested
to attempt to agree with the owner and other persons in interest as to the
compensation to be paid for the acquisition, and in the event that no satisfactory
agreement can be reached, to commence and prosecute such condemnation
proceedings as may be necessary to finally determine just compensation or any other
issue appropriate to be determined by a court in connection with the acquisition. This
authorization is not intended to expand the jurisdiction of any court to decide matters
determined above or determinable by the City of Springfield.
Section 4: If the City of Springfield and the owners or persons in interest as to the
compensation paid for the acquisition as described and depicted in Exhibits A and B
agree on the amount of just compensation, the City Manager is authorized to negotiate
and execute acquisition agreements for those properties.
Section 5: Upon the trial of any suit or action instituted to acquire the real property or
any interest therein, the attorneys acting for and on behalf of the City Springfield be
and hereby are authorized to make such stipulation, agreement or admission as in their
judgment may be for the best interest of the Jasper Trunk Sewer Project (Phase 3).
Section 6: The Common Council further declares that the real property interests
described and depicted in Exhibits A and B 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 _____ day of
________________, 2024, by a vote of _____ for and _____ against.
ATTEST:
______________________________
City Recorder
Attachment 2
Page 2 of 6
Attachment 2
Page 3 of 6
Attachment 2
Page 4 of 6
Attachment 2
Page 5 of 6
Attachment 2
Page 6 of 6