HomeMy WebLinkAboutResolution 09-55 12/07/2009
RESOLUTION 09 - 55
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE CERTAIN AGREEMENTS AND CERTAIN DOCUMENTS CONVEYING
CERTAIN PROPERTY INTERESTS OVER PROPERTY OWNED BY THE CITY OF
SPRINGFIELD TO WILLAMALANE PARK AND RECREATION DISTRICT TO
FACILITATE CONSTRUCTION OF THE WILLAMETTE MIDDLE FORK PATH AND
SETTING AN EFFECTIVE DATE
WHEREAS, the City of Springfield ("City") is the owner in fee simple absolute of certain
property acquired by instrument, Recorder's Reception No. 2009042654, in the offices of Lane
County Deeds and Records, commonly known as the "Ramsey Parcel;" and
WHEREAS, the City is the owner in fee simple absolute of certain real property acquired by
instrument recorded as R-1938-R-9424629, commonly known as the "Mill Race Parcel;" and
WHEREAS, the City is the owner in fee simple absolute of certain real property acquired by
instrument recorded as R-2578-99069348, commonly known as the "Vinyard Parcel;" and
WHEREAS, the City is the joint owner of certain real property, with the City of Springfield
acting by and through Springfield Utility Board ("SUB") and the Willamalane Park and
Recreation District ("Willamalane"), Commonly known as the "Georgia Pacific Parcel;" and
WHEREAS, the City, SUB and Willamalane have entered into an intergovernmental agreement
concerning the management ofthe Georgia Pacific Parcel (the "GP Management Agreement");
and
WHEREAS, Willamalane has applied for, and received funding to construct a portion of a
multi-use path beginning in Clearwater Park and ending at Dorris Ranch in downtown
Springfield, known as the Willamette Middle Fork Path ("Path;" and
WHEREAS, the portion of the Path now approved for funding is that portion which commences
in Clearwater Park and continues westerly until it reaches Quarry Creek; and
WHEREAS, a portion of the Path crosses the Vinyard Parcel, the Ramsey Parcel, the Mill Race
Parcel and the Georgia Pacific Parcel (collectively, "the Parcels"); and
WHEREAS, Willamalane has secured all necessary land use approvals to construct the Path;
and
WHEREAS, Willamalane has requested that the City grant certain permanent and temporary
easements over the Parcels to Facilitate construction of the Path, and has further requested that
the City consent and agree to an amendment to the GP Management Agreement to facilitate
construction and operation of the Path; and
WHEREAS, Willamalane has submitted proposed forms of grant and agreement as follows:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Intergovernmental Agreement Concerning Middle Fork Path
Amendment to Georgia Pacific Management Agreement
Permanent Easement Vinyard, Ramsey and Mill Race Parcels
Temporary Construction Easement Vinyard, Ramsey, Mill Race Parcels
Permanent Easement Georgia Pacific Parcel
Temporary Construction Easement Georgia Pacific Parcel
WHEREAS, the City Manager has reviewed the proposed agreements and easements and has
recommended that the Council approve the agreements and easements and authorize the City
Manager to execute them on behalf of the City, substantially in the form of the drafts submitted;
and
WHEREAS, the Council has reviewed the agreements and easements and the report and
recommendation of the City Manager;
NOW, THEREFORE, BE IT RESOLVED, that the Council finds and determines that
execution of the agreements and the easements is in the public interest; and
BE IT FURTHER RESOLVED, that the City Manger be, and he hereby is, authorized and
directed to execute the agreements and easements on behalf of the City substantially in the form
of the drafts attached to this resolution, with such changes and he may determine are consistent
with the intent of this resolution, such determination being demonstrated by his execution of the
agreements and Easements; and
BE IT FURTHER RESOLVED, that 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, Oregon, by a vote of ~
for and ~ against, this 7th day of December, 2009.
ATTEST:
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RESOLUTION NO. 09-55