HomeMy WebLinkAboutResolution 09-39 10/19/2009
RESOLUTION NO. 09-39
A RESOLUTION SUPPLEMENTING RESOLUTION NO. 08-47 AND AUTHORIZING
THE INSTITUTION OF A PROCEEDING IN EMINENT DOMAIN FOR THE
ACQUISITION OF PROPERTY INTEREST FOR THE GA TEW A YIBEL TLINE
PROJECT, CITY OF SPRINGFIELD PROJECT NO. P20474 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 Right Of
Way Acquisition Services with Lane County effective July 1,2008
C. Under "County Agrees To" Attachment A Section 1 of said Intergovernmental
Agreement the County agrees to:
Upon written request from CITY, COUNTY will provide right-of-way and easement
acquisition services, including appraisals and negotiations with property owners, for
projects within the corporate limits of the City of Springfield and within CITY's urban
growth boundary, and acquire property on behalf of CITY as CITY property, right-of-
way, or easement. If unable by negotiations to reach an agreement for the acquisition of
the necessary real property rights needed for projects within CITY's jurisdiction,
commence and prosecute, in the Circuit Court of Lane County, in the name of CITY, 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" Attachment A Section 2 of said Intergovernmental
Agreement the City agrees to:
Through CITY Council action, authorize COUNTY to commence and prosecute, in the
Circuit Court of Lane County, in the name of the CITY, any necessary proceedings for
the condemnation and immediate possession of necessary real property rights and for the
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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 for each real property only in the event an agreement cannot be
reached through negotiations.
E. In furtherance of the Finding of No Significant Impact dated July 2, 2003, based upon the
I-5/Beltline Interchange Project Revised Environmental Assessment, dated July, 2003,
the City has committed to construct certain improvements in the vicinity of the
intersection of Gateway Street and Beltline Road..
F. As the first phase of such improvements, the City has initiated the GatewaylBeltline
Project, Project Number P20474 (hereinafter referred to as the "Project").
G. The Project is in compliance with and in furtherance of adopted City plans and policies
and is necessary to effectuate TransPlan project number 606, as supplemented by project
number 789 in the approved Regional Transportation Plan.
H. The Project is in compliance with and in furtherance of the City of Springfield
Engineering Design Standards and Procedures adopted by the Common Council in April
2006.
1. In order to complete 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.
J. In order to complete the Project and provide for the improved street, road widening and
intersection improvement work needs to be undertaken and completed.
K. The Road Improvement Project includes intersection improvements at the intersection of
Gateway Street and Beltline Road, and road improvements to Beltline Road and
Gateway, including internal access easements affecting the properties abutting said
streets. The Intersection and road improvements are scheduled to be built in the summer
of2010. The acquisition of property necessary for road widening and intersection
improvement work described in Recital J is included within this section of the road slated
to be built in the summer of201O.
L. In order to complete the Project it is necessary to acquire road right of way across a
portion of those parcels identified by Map and Tax Lot Number as more particularly
described and set forth in Exhibit A, attached hereto and incorporated herein by
reference. To serve the 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 require that the City act promptly to acquire the necessary
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RESOLUTION NO. 09-39
property interests for this Project. Such acquisition minimizes disruption and injury to
private property interests while affording a significant public good.
M. The public good realized by the Project far outweighs any damage which the property
owners might sustain, particularly in light of the City's obligation to provide just
compensation to the affected property owners.
N. This Resolution supplements Resolution No. 08-47, adopted by the City on November 3,
2008, by adding three additional parcels of property, to wit: Map and Lot numbers 17 03
2220805, 17032220806, and 170322 12 1100 to Exhibit A.
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, curbs, gutters,
street lights, and sidewalks necessary for the Proj ect. 1
Section 2: The Common Council does hereby find, declare and determine that in order to
complete the Project 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 Right Of Way Acquisition Services, 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 real property described in Exhibit A
and for the assessment of damages for the taking thereof.
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 described in Sections 1 and 2 herein above.
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RESOLUTION NO. 09-39
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.
Section7: 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 October2009,
by a vote of ~ for and -1L against. (1 Absent - Wylie)
APPROVED by the Mayor of the City of Springfield this 21 tday of October2009.
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ATTEST:
Amy Sowa, City ~
~[~~EWE[j 11 APP~O\f[D
AS TO FORM
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DATE: ~\_\ S- \ \,)
OFFICE OF CITY ATTORNEY
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RESOLUTION NO. 09-39
Exhibit A
Map and Lot Number
Address
17 03 22 20 00805
1703222000806
170322 1201100
3463 Hutton Street
3463 Hutton Street
674 Colonial Drive
Attachment 1
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RESOLUTION NO. 09-39