Loading...
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: ~~o~ \. . . '~_'\I\fFO & APPRO\fFD ~~ "("\ ~'qPM ~ ~)~< ..') ~~~ , ,,_><\..?::,J. "2 j D~ '\::;..;: Ot. CHV nTTORNEY RESOLUTION NO. 09-55