HomeMy WebLinkAboutResolution 2024-14 RESOLUTION NO. 2024-14
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
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 20th day of
May , 2024, by a vote of 5 for and 1 against.
Councilor Doyle
ATTEST:
City Recorder
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Resolution No.2024-14
Exhibit A
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EXHIBIT "A"
Jasper Trunk Sewer Phase 3 City Project No. P20353
July 22, 2022 Map &Tax Lot No. 18020400-2500
OWNER: GLY Investments, Inc. File No. 1
PARCEL 1Sanitar J Sewer Easement
Being a strip of land located in the John Smith DLC No. 48 and in the Southeast One-Quarter of
Section 4, Township 18 South, Range 2 West, Willamette Meridian, City of Springfield, Lane
County„ Oregon, and being a portion of that property described in Deed to GLY Investments,
Inc., recorded September 2 , 2018 as Deed Document No. 2018-045113, Lane County Deed
Records, said strip of land being 15.00 feet on each side of the following described line, said
strip is to be lengthened or shortened to terminate at the boundary lines of said property:
Beginning at Jasper Trunk Sewer Centerline Station 91+00.15;
Thence Southeasterly along said Jasper Trunk Sewer Centerline to Station 103+70.00.
ALSO INCLUDING a strip 35.00 feet wide lying on the northeasterly side of said Jasper Trunk
Sewer Centerline between -Stations 98+74.12 and 99+15.46;
The parcel of land to which this description applies contains 32,491 square feet, more or less.
See Exhibit B attached hereto
PARCEL 2 Tem orar Construction Easement
Being a strip of land located in the John Smith DLC No.48 and in the Southeast One-Quarter of
Section 4, Township 18 South, Range 2 West, Willamette Meridian, City of Springfield, Lane
County, Oregon, and being a portion of that property described in Deed to GLY Investments,
Inc., recorded September 25, 2018 as Deed Document No. 2018-045113, Lane County Deed
Records, said strip of land being 35.00 feet wide on the northeasterly side of the following
described line, said strip is to be lengthened or shortened to terminate at the boundary lines of
said property:
Beginning at Jasper Trunk Sewer Centerline Station 91+00.15;
Thence Southeasterly along said Jasper Trunk Sewer Centerline to Station 103+70.00,
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Resolution No.2024-14
Exhibit A
Page 2 of 4
EXHIBIT "A" (CONTINUED) File No. I
July 22,2022
EXCEPTING therefrom any portion of said strip lying within Parcel 1.
The parcel of land to which this description applies contains 20,291 square feet, more or less.
See Exhibit B attached hereto
THE STATIONING used to describe these parcels is based on the Jasper Trunk Sewer
centerline, more particularly described as follows:
BEING the centerline of a sanitary sewer line located in a portion of the John Smith DLC
No. 48 and the John C. Looney DLC No. 39 and in the Southeast One-Quarter of
Section 4, the Northeast One-Quarter of Section 9 and the Northwest One-Quarter of
Section 10 of Township 18 South, Range 2 West, Willamette Meridian, City of
Springfield, Lane County, Oregon, and being more particularly described as follows:
BEGINNING at a point herein referenced as Jasper Trunk Sewer Station 91+00.15, said
point bears South 08'59'25" East, 1,517.08 feet from the northwest corner of said John
Smith DLC No- 48;
Thence South 26010'23" East, 413.80 feet to an angle point at Station 95+13.95;
Thence South 24025'40" East, 395.50 feet to an angle point at Station 99+09.45;
Thence South 2542'08" East, 460.55 feet to an angle point a Station 103+70.00;
Thence South 25042'27" East, 423.45 feet to an angle point a Station 107+93.45;
Thence South 30"45'20" East, 356.84 feet to an angle point a Station 111+50.29;
Thence South 29030'39"East, 400.00 feet to an angle point a Station 115+50.29;
Thence South 30'57'36" East, 399.56 feet to an angle point a Station 119+49,85;
Thence South 31'52'20" East, 341.49 feet to an angle point a Station 122+91.34;
Thence South 31'26'28" East, 339.25 feet to an angle point a Station 126+30.59;
Thence South 31"30'14" East, 359.07 feet to an angle point a Station 129+89.66;
Thence South 31030'21" East, 358.89 feet to an angle point a Station 133+48,55;
Thence South 31'30'07" East, 381.60 feet to an angle point a Station 137+30.15;
Thence South 27"21'12" East, 122.27 feet to an angle point a Station 138+52,42;
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Resolution No.2024-14
Exhibit A
Page 3 of 4
FX[1011"'A" (CON11NUED) File No. 1
July 22,2022
Thence SOLIth 54'01'38" East, 275.56 feet to an angle point a Station 14,1+27,68;
Thence South 52'40'26" East, 167,54 feet to an angle point a Statibn 142+95.22;
Thence South 77"37'00" East, 213.67 feet to an angle point at Sty fion 145+08,89-1
Thence South 78002'07" East, 41.97 feet to Station 145+50,86 and the TERMINUS
POINT of sand centerline, said po nt bears South 36"40'15" East, 1184.85 feet from the
northwest corner of the John C, Looney 01 C No, 39;
REGISTERED
PROFESSIONAL
LANDS VEYO
OREGON 60
JULY 16, 1982
m TERRY REGISTERED
1989
RENEWAL DATE: 6-30-23
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Resolution No.2024-14
Exhibit A
Page 4 of 4
t
, NORT6-E'AIEST CORNER
J. SMITH DLC NO. 48
60'
w� .0vol J� �x
7232'
a
..__
b .x S26'10'23"E 413.80'
TL 2500
SOIJThiERN PACIFIC RAILROAD
l MAP 180220400
30' SANITARY "
SEWER ESMT. p
W. OWNER:
fi GLY iNVE.STM�..:"NTS, R...J...0
15' —.
DEED DOO. NO
' 2018-04-5113
°—S24-'25'40"E 395.50'
..... 20' TGE
98 14A 2 b"15
A' cj..
., µ. 99+15.46
EXHIBIT
JASPERE EASEMENT 4^ V ..'.-.....S25*42'08"E 460.55'
LOCATED IN THE JO i"m �
N._ � 48 AND IN -r1H E 1 OILCITY OF SPRINGFIELD, 11 ANE COUNTY, OR
RR STA 656+36.66 PG--� \
— DENOTES SANITARY SEWER EASEMENT, NN
32®49'I SQUARE FEET iL PBS
DENOTES TEMPORARY CONSTRUCTION
EASEMENT„ 20„291 SQUARE FEET
DRAWN BY: TLG SCALE. 1"=200' 7/22/2022
CFIEOKED BY: "ELG JOB NO. 71554.000 SHEET 1 OF I
Resolution No.2024-14