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HomeMy WebLinkAboutOrdinance 5722 02/07/1994 . . . t.. ORDINANCE NO. 5722 (Special) AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, CURBS AND GUTTERS, SIDEWALKS, STREET TREES, STORM DRAINAGE, SANITARY LATERALS, AND STREET LIGHTING TO SERVE 41ST STREET, MAIN STREET TO COMMERCIAL AVENUE; AND A STREET, 41ST STREET TO 200 FT. EAST OF 41ST STREET, AND VICINITY (1- 808), IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: In accordance with Section 2-1-3 of the Springfield City Code, an Engineer's report was filed in the office of the Finance Director on July 16, 1992, for paving, curbs and gutters, sidewalks, street trees, storm drainage, sanitary laterals, and street lighting to serve 41st Street, Main Street to. Commercial Avenue; and A Street, 41st Street to 200 ft. East of 41st Street, and vicinity (prj.# 1-808) and Ordinance No.5649, passed by the City Council on August 17, 1992, in the City of Springfield, Oregon, for the total area more particularly described in Exhibit "A", attached, and is by reference hereto incorporated herein and made a part of this ordinance. Owners of benefited property and all interested persons were invited to appear at a public hearing on February 7, 1994. Section 2: The total cost of the improvement construction, based upon the contract awarded, was $263,196.19. The City will pay, as their share of said construction, the sum of $117,254.25 leaving a balance of $145,941.94 which is hereby assessed against the property benefited by the improvement and in the reputed ownership of persons named as follows: (See Exhibi t "A") Section 3: The Council hereby declares the assessments set forth to be liens upon the property and orders the Finance Director to enter the liens in the City lien docket to be collected in accordance with existing statutory provisions governing assessments for City improvements. The lien docket entry shall include a complete legal description of the property assessed, the name of the reputed owner or owners, the amount of the assessment, and the number of this authorizing ordinance. Section 4: It is hereby found and determined by the Common Council, that matters pertaining to public improvements, and assessments therefore, are matters affecting the public health, safety and welfare, and that an emergency therefore exists, and that this ordinance shall therefore take effect immediately upon its passage by . . . the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield by a vote of 5 in favor and 0 against this 7th day of February ,1994. APPROVED by the Mayor of the City of Springfield this 7th day of ____ February ,1994. ~~ Mayor ~~~ City Record r .... .... -.......,- ~"~ ".-.-, :', t",,~-~i..J~;~,~:I\./~:~) :~:~,~:.'.: j ~\.a,.. . . ~\*~= ______J= . j~_,,~ ':L\,_\~~~= : , . :,;:c;",f /\TTCHlhlEV , , , _.~., <'::~]J) f or . Ordinance No, Page 1 of 3 EXHIBIT "A" PROJECT 1-808 41ST STREET IMPROVEMENTS, FROM MAIN STREET TO COMMERCIAL AVENUE AND "A" STREET IMPROVEMENTS, FROM 41ST STREET TO 200 FEET EAST DESCRIPTION OF ASSESSABLE PROPERTIES East Side Baptist Church 4045 Commercial Boulevard Springfield, OR 97478 $ 11 .453 , 56 On: 4045 Commercial Blvd . Beginning at the Southeast corner of the Lucinda Comegys Donation Land Claim No, 81, Township 17 South, Range 2 West of the Willamette Meridian; thence South 890 50' 30" West 1232,1 feet along the South line of said Donation Land Claim No,81, to a point; thence South 00 02' East 165,16 feet to a point on the easterly right-of-way of a 60 foot road (40th Street), said point being the True Point of Beginning; thence South 00 02' East 426,94 feet along the Easterly right-of-way of a 60 foot road; thence South 890 44' 30" East 390,70 feet; thence South 410 45' East 224,36 feet to a point on the Westerly right-of-way of a 60.0 foot road (41st Street); thence North 480 15' East 175,00 feet along the Westerly right-of-way of a 60,0 foot road to the Southwesterly right-of-way of Commercial Boulevard (80 feet wide); thence North 410 45' West 804.50 feet along the Southwesterly right-of-way of Commercial Boulevard to the Southeasterly right-of-way of a 60,0 foot road (40th Street); thence South 480 15' West 181.20 feet along the Southeasterly right-of-way of a 60,0 foot road to the True Point of Beginning, all in Lane County, Springfield, Oregon, EXCEPT THEREFROM: East Side Estates Subdivision, as platted ~nd recorded in Book 66, Page 10, Lane County Plat Records, TL 17 02 31 14 04000 Evelyn Allen, ETAL %Robert J, & Mary M, Gleich 225 41st Street #42 Springfield, OR 97478 $ 8,508,37 On: Vacant . THE NORTH 130 FEET OF THE FOLLOWING DESCRIBED PARCEL: Beginning at Southeast corner of the Lucinda Comegys Donation Land Claim No, 81, Township 17 South, Range 2 West of the Willamette Meridian; thence South 890 50' 30" West 632,1 feet along the South line of said Donation Land Claim, thence South 00 02' East 852.50 feet to the true point of beginning; running thence South 00 02' East 444,0 feet; thence South 890 44' 30" East 653,2 feet along a line parallel to the centerline of the McKenzie Highway to the Southwesterly Margin of Commercial Boulevard; thence North 410 45' West 597,56 feet along the Southwesterly margin of Commercial Boulevard; thence North 890 44' 30" West 255,58 feet to the true point of beginning in Lane County, Springfield, Oregon, TL 17 02 31 14 04100 ATTACHMENT 2-3 . . . ~.. Ordinance No, Page 2 of 3 EXHIBIT "A" Evelyn Allen, ETAL %Robert J, & Mary M, 225 41st Street #42 Springfield, OR 97478 $ 46,586,57 Gleich On: 225 41st Street Beginning at Southeast corner of the Lucinda Comegys Donation Land Claim No, 81, Township 17 South, Range 2 West of the Willamette Meridian; thence South 890 50' 30" West 632,1 feet along the South line of said Donation Land Claim, thence South 00 02' East 852,50 feet to the true point of beginning; running thence South 00 02' East 444,0 feet; thence South 890 44' 30" East 653,2 feet along a line parallel to the centerline of the McKenzie Highway to the Southwesterly Margin of Commercial Boulevard; thence North 410 45' West 597,56 feet along the Southwesterly margin of Commercial Boulevard; thence North 890 44' 30" West 255,58 feet to the true point of beginning in Lane County, Springfield, Oregon, EXCEPT THEREFROM: the North 130 feet of the above described parcel, TL 17 02 32 32 00800 Steve Depalma P,O. Box 455 Eugene, OR 97440 $ 38,481.29 On: 216/218, 254/256, 328/330, and 368/370 41st Street Parcel 3 of Land Partition Plat No, 91-P0124 as platted and recorded in the Lane County Oregon Partition Records in Lane County, Oregon, TL 17 02 31 14 04502 John Wayne Hooton P,O. Box 7216 Eugene, OR 97401 $ 20,550.98 On: 4090 Main Street Beginning at the Southeast corner of the Lucinda Comegys Donation Land Claim No, 81, Township 17 South, Range 2 West of the Willamette Meridian; thence South 890 50' 30" West 1232.1 feet along the South line of said Donation Land Claim to a point; thence South 00 12' East 1352,1 feet to a point marked by an iron pin; thence South 890 44' 30" East 440,0 feet to the true point of beginning; thence South 890 44' 30" East 100,0 feet to a point marked by an iron pin; thence South 00 02' East 334,0 feet to an iron pin set on the Northerly right-of-way line of the McKenzie Highway; thence North 890 44' 30" West 100,0 feet along said Northerly right-of-way line to a point; thence North 00 02' West 334.0 feet to the true point of beginning in Lane County, Springfield, Oregon, TL 17 02 31 41 00200 ATTACHMENT 2-4 . . . ~ . Ordinance No, Page 3 of 3 EXHIBIT "A" Gerdes Investment, Inc, 4554 Camellia Street Springfield, OR 97478 $ 8,770,16 On: Vacant Beginning at the Southeast corner of the Lucinda Comegys Donation Land Claim No, 81, Township 17 South, Range 2 West of the Willamette Meridian; thence South 890 50' 30" West 222,3 feet along the South line of said claim No, 81; thence South 00 15' West 1359,4 feet; thence North 890 44' 30" West 303,10 feet to the True Point of Beginning; thence continuing North 890 44' 30" West 100,0 feet to the Easterly right-of-way line of 41st Street; thence South 00 02' East 334 feet along said Easterly right-of-way line to the Northerly right-of-way line of the McKenzie Highway; thence South 890 44' 30" East 100,0 feet along said Northerly right-of-way line; thence North 00 02' West 334 feet to the True Point of Beginning in Lane County, Oregon, EXCEPT THEREFROM: The South 200 feet of the above described property, TL 17 02 32 32 00900 Gerdes Investment, Inc. 4554 Camellia Street Springfield, OR 97478 $ 11,591. 01 On: Vacant THE SOUTH 200 FEET OF THE FOLLOWING DESCRIBED PROPERTY: Beginning at the Southeast corner of the Lucinda Comegys Donation Land Claim No, 81. Township 17 South, Range 2 West of the Willamette Meridian; thence South 890 50' 30" West 222,3 feet along the South line of said claim No, 81; thence South 00 15' West 1359,4 feet; thence North 890 44' 30" West 303,10 feet to the True Point of Beginning; thence continuing North 890 44' 30" West 100.0 feet to the Easterly right-of-way line of 41st Street; thence South 00 02' East 334 feet along said Easterly right-of-way line to the Northerly right-of- way line of the McKenzie Highway; thence South 890 44' 30" East 100.0 feet along said Northerly right-of-way line; thence North 00 02' West 334 feet to the True Point of Beginning in Lane County, Oregon, EXCEPT THEREFROM: The East 25 feet of the above described property, ALSO EXCEPT THEREFROM: That portion conveyed to the State of Oregon, by Deed recorded August 3, 1966, Clerk's file No, 56419, Lane County Oregon Deed Records, in Lane County, Oregon. TL 17 02 32 32 01000 ATTACHMENT 2-5 '7 :,- CITY OF SPRINGFIELD - FINANCE DEPARTMENT M E M 0 RAN DUM .. FROM: February 1, 1994 Mike Kelly, City Manager Pat Coleman, Acting Finance Director Ginger Starck, Accounting Manager COUNCIL BRIEFING MEMORANDUM DATE: TO: SUBJECT : ESTABLISHING ASSESSMENT LIENS FOR INSTALLATION OF PAVING, CURBS AND GUTTERS, SIDEWALKS, STREET TREES, STORM DRAINAGE, SANITARY LATERALS, AND STREET LIGHTING TO SERVE 41ST STREET, MAIN STREET TO COMMERCIAL AVENUE; AND 'A' STREET, 41ST STREET TO 200 FT. EAST OF 41ST STREET, AND VICINITY. PROJECT #1-808. ISSUE: The City mailed a certified notice to property owners on January 26, 1994 informing them that a public hearing would be held on February 7, 1994, to receive comments on the assessment of costs for installation of paving, curbs and gutters, sidewalks, street trees, storm drainage, sanitary laterals, and street lighting to serve 41st Street, Main Street to Commercial Avenue; and 'A' Street, 41st Street to 200 ft. East of 41st Street, and vicinity. (project #1-808) DISCUSSION: . The assessment of the cost of public improvements such as street paving, sidewalk installation, and sewer service to the adjacent benefiting properties in a local improvement district is allowed and governed by state statutes (ORS 223.205-670) and the City Code (2-1-1 to 2-4-4) . The City Engineer's report was adopted by Ordinance No.5649 on August 17, 1992. The Engineer's report estimated the total cost of the project at $282,500 and the assessable portion at $218,500. The project was completed and was accepted by resolution of the Council on September 27, 1993. The final assessable project costs totaled $145,941.94. The final project costs totaled $263,196.19 which $117,254.25 was paid by the City Street and Sewer Funds. The next step in the assessment process is for the City Council to hold this public hearing for property owner comments and to adopt the attached assessment ordinance. This ordinance allows the City to enter the assessment on its lien docket and begin billing the property owners. The property owners have the option of paying the assessment in full within 10 days, signing a bancroft application to make payments over a period of ten years, or making a partial payment and signing a bancroft application to make payments on the balance over a ten year period. ACTION REQUESTED: The Council is requested to adopt the attached ordinance levying assessment liens for the cost of the improvements including installation of paving, curbs and gutters, sidewalks, street trees, storm drainage, sanitary laterals, and street lighting on 41st Street, Main Street to Commercial Avenue and 'A' Street, 41st Street to 200 ft. East of 41st Street, and vicinity (project #1-808), in the amount of $145,941.94. . ATTACHMENT 1-1