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HomeMy WebLinkAboutOrdinance 5712 09/27/1993 . . . ORDINANCE NO, 5712 (SPECIAL) AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS, INCLUDING IMMEDIATE POSSESSION IN EMINENT DOMAIN FOR THE ACQUISITION BY CONDEMNATION OF PROPERTY INTERESTS IN THE VICINITY OF SOUTH 52ND PLACE FOR PURPOSES OF PERMANENT RIGHT-OF-WAY, AND PUBLIC UTILITY EASEMENTS NECESSARY FOR CONSTRUCTION OF THE SOUTH 52ND PLACE STREET IMPROVEMENTS (PROJECT 1-792); AND DECLARING AN EMERGENCY. The City of Springfield finds as follows: 1. WHEREAS, the City of Springfield is a municipal corporation duly organized and existing under and by virtue of an act of the legislative assembly of the State of Oregon Special Laws 1893, Page 245 thereof, filed in the office of the Secretary of State, February 10, 1893, entitled "An Act to Incorporate the Town of Springfield, and to Repeal All Acts Relating to the Incorporation of the Town of Springfield, and All Acts Amendatory Thereof, " and all subsequent charter amendments; and 2, WHEREAS, the City of Springfield has authority under provisions of the City Charter Section 74 and applicable state law including ORS 223.005 and 281.510 to institute proceedings of eminent domain for the acquisition by condemnation of private property for public purposes including the relocation of utilities and the construction and improvement of public streets, sidewalks, storm sewers, and sanitary sewers; and 3, WHEREAS, the City of Springfield is in the process of improving, expanding and maintaining the City street, sidewalk, sewer, and drainage system to provide for a safe and efficient transportation system and the proper disposal of sewage and drainage in a safe and healthy manner necessary for the preservation and protection of the health and safety of the citizens of the City; and 4. WHEREAS, the relocation of utilities and the construction and improvement of the street, sidewalk, drainage, and sanitary sewers in the vicinity of South 52nd Place, necessitates the acquisition by the City of certain property rights in the parcels of real property described on the attached exhibits which in the City's judgement, constitutes the most beneficial and practical location for the improvements; and 5, WHEREAS, the City of Springfield has determined that it is necessary for the development and welfare of the City and its inhabitants and to be of public use that the City acquires certain property rights in the real property as more particularly described in the attached Exhibits, and 6, WHEREAS, the City of Springfield has determined that the acquisition of such real property is reasonably necessary to protect the full use and enjoyment by the public of South 52nd Place; 7. WHEREAS, the proposed improvements are in compliance with and furtherance of the plans and specifications prepared by the City of Springfield; and 8. WHEREAS, in the event that agreement on the acquisition, compensation and damages, if any, for such acquisition cannot be reached with the property owner, "advance occupancy", or "immediate possession" proceedings, as contemplated by ORS 35.275 may become necessary because of the present construction schedule and availability of funding. NOW THEREFORE in view of the forgoing findings the City of Springfield does ordain as follows: Ordinance No. 5712 Page 2 . Section 1: Based upon the above findings as set forth in the "Whereas" paragraphs, the Common Council of the City of Springfield does hereby find, declare and determine it necessary to acquire certain ownerships in permanent right-of-way, and public utility easements to the parcels of real property, all of which are more particularly described on the exhibits which are attached hereto and incorporated herein by reference, in order to accomplish the relocation of utilities and the construction and improvement of the street, sidewalks, drainage, and sanitary sewers, including all appurtenances thereto, in the vicinity of South 52nd Place, all in accordance with plans prepared by the City of Springfield. Section 2: The ownerships described in the real property in the attached Exhibit are necessary for the development and welfare of the City and its inhabitants and to be of public use and are necessary to protect the full use and enjoyment by the public of South 52nd Place. Section 3: The Common Council directs that the City Manager or his designee shall first attempt to agree with the owner(s) of the property described in the attached Exhibits with the respect to the compensation to be paid therefore, and the damages, if any for the taking thereof, . Section 4: In the event that agreement on the acquisition, compensation and damages, if any, cannot be obtained with the owner(s) of the property, then and in that event the Common Council does hereby direct that the City of Springfield shall institute proceedings in eminent domain for the condemnation of the above described interests in real property including "advance occupancy" or "immediate possession" proceeding and provided further that at least 20 days prior to the filing of any action for condemnation, including "advance occupancy" or "immediate possession", the City Manager or his designee shall have made a written offer to the owner(s) of the properties having an interest therein of a stated amount as compensation and for any damages for the taking. A formal offer to purchase the right-of-way was made to Charlotte Winston on August 30, 1993. Section 5: The Common Council hereby declares that the improvements above set forth are for a proper public purpose, are essential and necessary for the public welfare, and are authorized under the laws of the State of Oregon and the Charter and Ordinances of the City of Springfield, Section 6: The City of Springfield has need for the possessions of said premises and that the provisions contained herein concern the public welfare and therefore, an emergency is hereby declared to exist and that therefore, this Ordinance shall be in full force and effect immediately upon its passage by the Common Council and approval by the Mayor. Passed by the Common Council this 27th day of September, 1993, by a vote of .i- and -.l against. Approved by the Mayor this .2ltb day of September ,1993. g?/~~ Mayor ATTEST: . .~: ~.-~ ~n}' ~~.1 ~7!. t_::;;~: l:"~~J.~.i:. ;> . City Recorder . , ','Cj t:':O;1i,jJ ~ ~~?,~~ _____L~~_. \ _.__~_~____A __"_.~._-.._____. __.___~+ : :-:\',~' s.~ ~_ '2.2 _Jj.i~ . =,.- -- --., ,--,-\.---, :' "'i:'1"~ ,,,r: ~nT"'''' A"ir"ii"iRllCll!;\'~;;';v ,,-,q ~ .J~P".... \,;;,)Jj; \,JU 11 )j: .Q:~ b U V~"~'\.I~ u U:'~';i L:-:: tr~:m\KiFu~l[J} . . . EXHIBITS LIST TO ORDINANCE 5712 (SPECIAL) 1. Vicinity Map ot South 52nd Place Project (Project No. 1-792) 2, Title Report tor Winston property trom which Right-ot-Way and Easements are needed. 3. Appraisal Report tor Winston property .~ 4. Right-ot-way and Utility Easement Descriptions and Conveyance Documents. 5, Formal offer tor right-ot-way purchase,