RESOLUTION No. 85-6

A RESOLUTION AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THR ACQUISITION BY CONDEMNATION OF REAL PROPERTY INTERESTS INCLUDING ACCESS TO CITY RESERVOIR SITE.

The City Council of the City of Sodaville finds that:

The City Council has authority under provisions of the City Charter and applicable state law to initiate proceedings in eminent domain for the acquisition by condemnation of private Property for public purposes, including construction and maintenance of water utility facilities,

Because of the construction of the existing reservoir site with its security fencing and Space for caretaker residence is limited, the City finds it in the public interest to acquire additional Property in fee title to insure reasonable access and use of the reservoir site,

The property rights to be acquired may also be needed in the future for other public purposes including providing access to adjacent private property at the time the private property develops, which access may, in the City Council's judgment, bestow a special benefit upon the adjacent property.

That the area sought to be acquired is presently being used as access to serve the existing reservoir site and there exists a necessity for the City to go into immediate possession of said property.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SODAVILLE, OREGON:

Section 1.

Based upon the above findings, which are incorporated herein by reference and hereby adopted, the City Council of the City of Sodaville does hereby find, declare and determine it necessary to acquire certain ownership in fee to the parcel of real property more particularly described on Exhibit "A" attached hereto and incorporated herein by reference in order to preserve and maintain access to existing City water utility facilities, including the City reservoir and pump house.

Section 2.

The City Council does hereby direct that the City of Sodaville shall institute proceedings in eminent domain for condemnation of the real property interest described in Section 1, and, at least twenty days prior to the filing of any action for condemnation to make a written offer to the owners or parties having an interest therein of a stated amount as compensation therefore and any compensable damage to the remaining property.

Section 3.

The City Council further directs that the City of Sodaville shall obtain immediate possession of the real property interest described in Section l.

Section 4.

The City Council hereby declares that the above acquisition is for a public purpose and is necessary for the public welfare, and is authorized under the laws of the State of Oregon and Charter and Ordinances of the City of Sodaville.

Section 5.

The City Council further declares that the real property interest described in Section 1 shall be used by the City of Sodaville for public purposes immediately upon possession.

EXHIBIT A

Beginning at 5/8" iron rod, mid iron rod being S. 469.79' and N. 89°, 29 minutes, 10 seconds W. 738.61' from the N.E. corner of the John Burge DLC #58 in T 12 S.R. 1 W., of the Willamette Meridian, Linn County, Oregon thence S. 0° 30 minutes, 50 seconds W. 140' to a 5/8" iron rod, thence N. 89° 29 minutes, 10 seconds W. 60', thence N. 0° 30 minutes, 50 seconds E. 140', thence S. 89° 29 minutes, 10 seconds E. 60' to the point of beginning.

Passed by the Council this 26 day of May, 1987.