Loading...
HomeMy WebLinkAboutOrdinance 5971 01/16/2001 . .-. . .. ~-, ORDINANCE NO. 5971 ( Spec ial) AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY INTERESTS FOR THE PROJECT (JOB #P20148) STREET IMPROVEMENTS FOR SOUTH 48TH STREET FROM MAIN STREET SOUTH TO ASTER STREET AND DECLARING AN EMERGENCY The Common Council of the City of Springfield finds that: 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 sewage, sanitary sewage, curbs, gutters, planter strips, street trees, street lights, and sidewalks. B. with the granting Street. The City of Springfield is in the process of cooperating Oregon Department of Transportation with respect to the of access on Main Street from the proposed South 48th C. The proposed project is in compliance with and in furtherance of adopted City plans and policies and is necessary to effectuate the City of Springfield Street Plan, a copy of which is attached hereto and incorporated by reference as Exhibit A. D. The proposed project is in compliance with and in furtherance of adopted City plans and policies, and including specifically but not limited to the Development Area Plan, DAP Journal No. 1998-04-082) for a 25-acre site, (the old Cascade drive-in site) located between Main and Camellia and South 48th Street (Proposed) and South 49th Place, including specifically but not limited to the following requirements of the Development Area Plan: Improvements on South 48th Street and Aster Street from South 48th to South 49th Place, demolition of South 49th Place between McKenzie Highway and Aster Street and a pedestrian/bicycle access pathway constructed in its place. . E. The proposed project is in compliance with and in furtherance of the Resolution of Intent to construct street improvements for South 48th Street from Main Street south to Aster Street, Aster Street from South 48th Street to South 49th Place, and vicinity, Project No. P20148, adopted by the City Council on January 18, 2000. F. In order to complete Project P20148 it is necessary to acquire property ownership interest in that segment of South 48th Street from Main to Aster. G. Proposed Development and anticipated increased traffic in the vicinity of 48th and 49th Streets south of Main necessitate the construction of the proposed project. . H. The costs of delaying the street construction, the need to provide the infrastructure extensions to serve the planned development, 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 requires that the City act promptly to acquire the necessary property interests for this project. Such acquisition minimizes disruption and injury to private property interests while affording a significant public good. I. The public good realized by the project far outweighs any damage which the property owner might sustain, particularly in light of the City's obligation to provide just compensation to the affected property owners. Now, therefore, based upon the above findings, which are incorporated herein by reference and hereby adopted THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: The Common Council of the City of Springfield does hereby find, declare, and determine it necessary to acquire certain ownership interests to the parcel of real property more particularly described on Exhibit B attached hereto and incorporated herein by reference in order to acquire land necessary for street improvements including surface paving, storm sewers, sanitary sewers, curbs, gutters, planter strips, street . Ordinance Page -2- . . . trees, street lights, and sidewalks necessary for South 48th Street from Main Street south to Aster Street, a portion of Project No. P20148. Section 2: The Common Council does hereby find, declare and determine that in order to complete Project P20148 it is necessary to acquire property ownership in that segment of South 48th Street from Main Street to Aster Street as more particularly described and set forth in Exhibit B attached hereto and incorporated herein by reference. Section 3: The Common Council does hereby direct that the City Manager or the Manager's designee shall institute negotiations with affected property owner(s) to acquire the needed property interests and institute proceedings in eminent domain for the condemnation of the real property interests described in section 1 consistent with the requirements of federal and state law. Section 4: The Common Council further directs that the City - - Manager or the Manager's designee shall obtain for the City immediate possession of the real property interests described in Section 1 if negotiations will delay the project. Section 5: The Common Council hereby declares that the improvements above set forth are for a public purpose, are necessary for t~e public welfare, are the 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 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 Ordinance is adopted by the Council. Section 7: This Ordinance being enacted by the Council in the exercise of its police power and the Council having specifically found that street right-of-way acquisition for South 48th Street from Main Street to Aster Street is necessary for the immediate preservation of the public peace, health and safety, an Ordinance Page -3- . . . "\ emergency is hereby declared to exist and this Ordinance shall become effective immediately upon its adoption by the Council and approval by the Mayor. Adopted by the Common 16th day of January o against. Council of the City of Springfield this , 2001 by a vote of 6 in favor Approved by the Mayor of the City of S ringfield this of January , 2001. day ~ AT~, City Reco~ Ordinance Page -4- CONCEPTUAL ROAD ..".. . EXHIBIT 'A' NETWORK Afiopted' June ao, 1887 Scale: None 1 r------ \b II I ~~~~'-~\T:.llC-~ 1.- ---- - G __ST._ . '" ___ j - _";-1"1 bJ~ FJ I S[Si~J-Pi! llt!:ji~R;'lcfLTO rf:il' on~ ;r[~ [r ~[il!ij" F. l' '-q c_I" i le- ~ Jf~rr< Ii l-rC[fr - ~ ~_l I L___~ lJ=i~~.11ElL-D'CiliLtr[1lii ~r}{ .I ~~fi1l ctl~- CJ $ PUJ f- -l--prrrihjJTIflf~ [jfij [lLlsf[j tr'F;f1,ll Jctj t---+4.Lt-i-j.Li-l1 I "I 1 ' I' 1 -~ n-rl ./ ~/ 'gJ C;5' lib ie'r-J 1 k I Ly.tlLLf-ltJl :-:1 ,1_l1 +...1,.le , l~~ ,_..J___"_ 1.-.LLill l' III Ii I ~ ~:::1. '.Vl-~ ---,--------.---- /;/ ':::J F{TrrnT'pm--' S::.c )I.LL_~-1 q1'-~J=J I -r--------.--'j II {---\rJl i!{ icH;.J,i i.LL~clLL!, r;i I-D1iI1;g:]J rn+ ~r - ~' I I' -P ET.J ~_1 ! l.L. ~T'flt' J.i--~ f~.::.~:.1~ ~"':I::l1 Z -'1 J 11U\JII~iJ I:J-'I tJ ~ i=FJi I r2\ r--=1-n.l-tl ;~j~I~J H I J I' I _'-11~) IsLifi' --- '-T~~~~rl~ -:~[:-lE{{~lrB' n~{;fj~----Tl' ~Rrl- j I' 1-1 t]ll4rlril~~*~~~'~J _J~ VLJJIL~ -.~~ 11 'IL~'I "loAn.LJ~j[[L J ,t__ I _..Ll ~ ~L ~~..lj~JlJigrLbil-8 f!rl~1T :#tj:tIW liJl~)ftlJ tt!td '~ rC~ U; i -. _ rLit}~~tllfl~ f~}JE~c ]rr~ p - ASTERjf[1il J~ ~!'~~I)Tlfr)~-~t ]-l~ f~~2{rl~~ (~_J 1-11 !1)~z~l1lE~ hJ)iJ t~~J[d~\ ~I~all ..J1:::1.~ I-+~ IS,,:.. r~-\- :..ljl..EJ I p ,.-- "l ~1"I.lI:BtULi::: 1.~'lY" ~Jl..':i ,-::--_:;IC-'j -~I!!:I ~01' ~3~~H ~~~r~ _'.1.-.1 ~~t!c:3 ErTnl"~lJ t=! !. , I~H SI~-'f-ill ~=t~r~I!~~! ~ ./ '::~H_~LL I-CillTTTl'\ J-+,.Lt-l- '='-) [=J 1 ~~~lHT:7..:jI=PT'::J l~lTL.l F ';~~'-<<-f~"1.,)' fOlU j l.l_ LLLL.L~.~J-i1I1 ) \ I i I I il, i-r-I ~=:~ WMl'TiCT/"'P;:-1 !-;V,~\ (,1 >~H':=J:::"'~ i1Yrl:l 1U-wrrJ. . r r\. L.~ij-' I. l! t-i r~.-,:.io.,:ltl,..L,~Tn,~,',~. ~ j \'r ~.g.oI'~u'J,;~,';.,tl~,', ~U ,~i B.,TIT ij, 8~,J _ [r:=..I.,J,!,t,I~1 ?ItJ,:=j L__ . Et~Jl$! L. ,., ~ F 'to -U,l:::'1 ...-1 '\;.L-,,L i rr":'J:LJ 1-1. LlT.,.rO J J I l' r[[lTTTTnmn- ,-.. , -__IJ!LI:lj~' . "'\~\~' -b;/~;;~1 '\'\',,~~~ib~j bl~~J' ~i}J~ uJJJ{lS[jL~J 0 1\-<,A')6!~' '\. "~TT.;f'f--"r'- ~1 "-, '(.\~, [1 0-h~.J/ n}o; [-i'n, ~r-}nr~H ~W. I '/f'-;d~[jU! . ,"<)~!;~] I.....YTHIA !kL1CL~H:dciJmrdli:ti~El ~ . ---:.fil-TTTi ....k @LY ,j~~~. ->::--l,,- '" i ! ! ~ 1nT) r'J:rrTTnrnJ~J r---r-':--~\.7TJ'-:II~,lj~~.U'8 .7....<::::~, ~~ I -r'x:::] 0..1 --"'[J, \ n [ 1 '--.. "'- ______ I ' . .;) ~.JEi P 1 \:-l'k _t..i-d-i . , Ii'-- "'\ , I.. r-I~~ t:FL~in/}.q 1'1 ''\, ", l__m____J~_~~__.) ~=L~J-f-.J" '<..), t iEfT,_~ ~'-l j. ", ',,- '::;r -1'-"-"') -, "'J'~ li.-~ 'l:~ [- 'II .. ,,, " t.,.,_.. 'S L:I!~j I (~"!.Ti~',.. .,~ !I .~~' ~='r::~k~%1 ~ _TT@_j'" =---+=I'2f:"j.~:l::- I Tr --'!, \~tU7f(' >'! 1 i ,]', 'Tcn- I r" __. ,~_ ~uLj. -_-.I L. _.__..L.....J RD I I f ~ I \ (;r]X1=J r=-1'/131 i =::J[ r'-Il~rrr::~':/ I r----.-I.-II-~-.-I L__ ./~",\;:).,-.>-';.!.-j ",I" ! e;. -,.' ii, 1 I, I.fl!' 1 , ; i i U----- ''''-~\!'~\~~~!,~<:;.L.-r · II III J-r-'I---\ II I' ;S:,).\-" .' 'I~~':~~ I., IL-.Ik.'f~ r;f-/', I.' 1-. ,I I - I . ----> I I ~-~\-~i i~1 I ,i L-___--.J " -IL-_J fi-.-...J-----T-1 -...-.-1 ! ;' J L_~__ I- I LEGEND V: \TRAFFlC\DEAN\MAP\C1TY _CONCPT...ADWG 1/16/01 MAJOR ARTERIALS EXISTING MINOR ARTERIAlS EXISTING COllECTORS EXISTING WCALS OFF RAMP ON RAMP BRIDGE MINOR ARTERIALS PROPOSED COllECTORS PROPOSED WCALS PROPOSED PEDESTRlAN PATHS PROPOSED WETLANDS BOUNDARY WATERWAYS URBAN GROWTH BOUNDARY CITY lJMITS BOUNDARY EXISTING LTD BUS ROUTES UNLESS RE-ZONEll 1'0 -PLO', CONNECI'/ONS ARE lINNECESSARY * ~ . EXHIB~T B - Page 1 of 5 EVERGREEN lAND_ TiTLE CO. TITLE INSURANCE SERVICES. ESCROW CLOSINGS www.evergreenlandtitle.com c, , ( . ' MAIN OFFICE: 1570 MOHAWK BLVD.' P.O. BOX 931 SPRINGFIELD, OR 97477 TELEPHONE: (541) 741-1981 TITLE DEPT. FAX: (541) 741-0619 ESCROW DEPT. FAX: (541) 741.0569 ' . . 2ND AMENDED PRELTh1INARY TITLE REPORT January 16, 2001 ELT - 31992 City of Springfield Engineering 225 5th Street Springfield, Oregon 97477 Attn: Don Rogers Estimated Premium for: PARTIAL BILLING TOTAL Dear Don: BRANCH OFFICE 260 E.11thAVE.. EUGENE, OR 97401 P.O. BOX 10211 . EUGENE, OR 97440 TELEPHONE: (541) 687-9794 FAX: (541) 687.0924 $200.00 $200.00 We are prepared to write Title Insurance covering the following described premises to- wit: SEE ATTACHED Showing fee simple title as of January 8,2001, at 8:00 a.m., vested in: _ WEYERHAEUSER C01vfP ANY, a Washington corporation Subject to the usual printed exceptions, and 1. Easement for irrigation canal, as granted to Eugene-Springfield Land & Water Company, including the terms and provisions thereof, by instrument dated April 25, 1936, Book 186, Page 175, Lane County Oregon Records. 2. Easement for electrical transmission and distribution line, including the terms and provisions thereof, by instrument Recorded August 4, 1966, Reel 293R, Reception No. 58163, Lane County Oregon Records. 3. Highway Construction Permit, as granted to the State of Oregon/City of Springfield, including the terms and provisions thereof, by instrument dated May 18, 1966, Reel 292R, Reception No. 55629, Lane County Oregon Records. CONTINUED EXHIBIT B - Page=2~of-5~ ' . ELT-31992 'PAGE 4 LEGAL DESCRIPTION A portion of that tract ofland described in a deed from!. Leroy Chase and Margaret Chase to Weyerhaeuser Timber Company, filed and recorded February 23, 1951, in Book 43~, Pages 232-234, Lane County Deed Records being'more completely described as :follows: . . Beginning at a 5/8" rebar which is the most Northeasterly cornet of above said tract, said point lies on the Southerly right-of-way of Main Street and is the Northwest corner of the outer boundary of Land Partition Plat No. 98-P1192, County Surveyors File No. 35553, Partition Plat Records of Lane County, Oregon thence South 000 11' 10" West a distance . of 400.72 feet along the Westerly boundary of said partition to a 5/8" rebar set at a jog in . the Westerly outer boundary, which is the Northeasterly comer ofa tract ofland dedicated to the City of Springfield by deed recorded for public 'record June 28, 1999... on Reel No. 2564R, at Reception No, 99-057098, Official Records of Lane County, Oregon; thence along the Northerly line of the last said right-ofo::way dedication, South 890 59' 10" . West a distance of 50.04 feet to a 5/8" rebar set for the Northwest comer of the last said , dedicated tract; thence continuing on an extension of last said line, South 890 59' 10" West a distance of 14.96 feet to a point; thence North 000 11' 10" East a distance of 391.04 feet parallel to the Westerly line of said Partition, to a point 10.00 feet Southerly of the Main Street right-of-way; thence North 44046' 25" Westa distance of 14.15 feet to a point on the Southerly right-of-way of Main Street, in Springfield, Oregon; thence South 89044' 00" East a distance of75.00 feet along the Southerly Main Street right-of- way to the point of beginning, in Lane County, Oregon, having an area of26, 107 square feet, more or less, in Lane County, Oregon. . . . . ; , EXHIBIT B - Page 3 of 5 ELT-31992 PAGE 4 4. Mineral Reservations, as granted to Weyerhaeuser Real Estate Company, including the terms and provisions thereof, by instrument Dated December 21, 1981, Reel 1174R, Reception No. 8200365, and Re-recorded oq Reel1357R, Reception No. 85 23917, Lane County Oregon Records. 5. Easement for utilities, including the terms and provisions thereof, by instrument, ' Recorded June 23, 1983, Reel 1252R, Reception No. 83 22991, Lane County Oregon Records. 6. Easement for utilities, including the terms and provisions thereof, by instrument Recorded June 23, 1983, Reel 1252R, Reception No. 8322992, Lane County Oregon Records. , { 7. Easement for water pipelines and power and control lines, including the terms and provisions thereof, by instrument Recorded September 25, 1983, Reel 1262R, Reception No. 83 32317, Lane County Oregon Records. 8. Road Use Dedication and Construction and Maintenance Agreement, including the terms and provisions thereof, by instrument dated September 9, 1985, Reel1368R, Reception No. 85 33776, Lane County Oregon Records. 9. Pipeline Easement, including the terms and provisions thereof, by instrument Recorded July 28, 1999, Reel 2574R, Reception No. 9906590_0, Lane County Oregon Records. ' 10. Pipeline Easement, including the terms and provisions thereof, by instrument Recorded January 7, 2000, Reception No. 2000 000946, Lane County Oregon Records. Said Easement was amended by Amendment to Pipeline Easement, including the terms and provisions thereof, by instrument Recorded June 8, 2000, Reception No. 2000032638, Lane County Oregon Records. NOTE: Taxes, Map No. 1702320000104, Code 19-00, Account No. 1378395,2000- 2001, $7,293.48, paid in full. NOTE: The address of the property to be insured herein is: N/A. NOTE: As of March 17, 2000, no liens for the City of Springfield have been found. CONTINUED . . .~ : . EXHIBIT B - Page 4 of 5 ELT-31992 PAGE 4 NOTE: Amended to revise legal. Very truly yours, EVERGREEN LAND TITLE CO:MP ANY MAIN OFFICE By: 'ijA I vJ aL Jeffrey K. Walker Manager, Title Division CC: Duncan & Brown Attn: John Brown NQ LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREWUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MlNIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. .... ...\' , EXHIBIT B Page 5:of 5 '. . . MAIN STREET 7' SIDEWALK AND PUE TO BE DEDICATED w RIGHT OF WAY' TO BE DEDICATED S 89'44'00" E '180.00' . 187. O' b i" o Z . EXISTING 30 FT STORM SEVER ~ EASEMENT TL 102 14.95 F tCOMMUNITY CO"'iMERIC:'~L 1 ~___ ZONI"i9_______.~I. I LOW DENSITY RESIDENTIAL t ZONING 3: o ..... ..... b o (f) -- ~v..~ T SCALE 1" = 50' 261 N 8 .S 89'4 2 2 14 PUE. z S,.89'4 TL 104 277. 65.0Q' t 8 '59'10" { W . w , . - 0 CD ..... TL 1 0 . m 71933. ..... .....