FOR COUNCIL MEETING OF: AGENDA ITEM NO.: P,UBLIC WORKS FILE NO.:

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1 FOR COUNCIL MEETING OF: AGENDA ITEM NO.: P,UBLIC WORKS FILE NO.: December 12, (a) I IVVVV TO: ~~YO~~D ~y COUNCIL THROUGH:--ii~IS, C~NAGER FROM: ROBERT D. CHANDLER, PH.D., P.E. &~ INTERIM PUBLIC WORKS DIRECTOR c::;p(j SUBJECT: RESOLUTION NO ACQUISITION OF REAL PROPERTY FOR THE EOLA DRIVE NW CORRIDOR IMPROVEMENTS ISSUE: Shall Council adopt Resolution No , declaring the public need and the City of Salem's intent to negotiate the acquisition of right-of-way and easements for construction of the Eola Drive NW Corridor Improvements, from Kingwood Drive NW to Gehlar Road NW? RECOMMENDATION: Staff recommends Council adopt Resolution No , declaring the public need and the City of Salem's intent to negotiate the acquisition of right-of-way and easements for construction of the Eo Ia Drive NW Corridor Improvements, from Kingwood Drive NW to Gehlar Road NW. BACKGROUND: The Eola Drive NW Corridor Improvements Project is a Capital Improvement Project funded with the 2008 Streets and Bridges General Obligation Bond Fund. Improvements include widening the current roadway to minor arterial standards with two travel lanes, bike lanes, curbs, sidewalks, and street lights. Improvements will also include left-turn lanes at Kingwood Drive NW, Woodland Drive NW, Turnage Street NW, Kaley Avenue NW, Eagle Drive NW, and Sunwood Drive NW, and a new traffic signal at the intersection of Kingwood Drive NW and Eola Drive NW. This project is currently in the design phase and will be constructed in the 2013 construction season. FACTS AND FINDINGS: Preliminary design has progressed to the point where properties that require the right-of-way or easement acquisition have now been identified. Acquisitions are required from 31 of the 53 adjacent properties. Attachment 1 shows the affected properties. Attachment 2 shows the owner of record for all acquisitions.

2 Acquisition of Property for the Eola Drive NW Corridor Improvements Council Meeting of December 12, 2011 Page 2 Two of the needed acquisitions will impact entire properties in such a way as to require acquisition of the entire parcels (ID Numbers 3 and 32 on Attachment 1). Property ID Number 3 is at the intersection of Kingwood Drive NW and Eola Drive NW and will not have a safe driveway access to the home after the new traffic signal is installed. Property ID No. 32 has a garage that is eight feet from the existing Eola Drive NW right-of-way. Because the right-of-way is not developed at this time, there is adequate space to park a vehicle. However, after completion of the project improvements, the right-of-way will be fully developed and the property will not have sufficient depth to safely park a vehicle, nor enter or exit the garage in a safe manner. The remaining acquisitions consist of narrow strips of land along the Eola Drive NW frontage. JPffLC:G:\Group\director\Judy\Council 2011\December 12\Eola Acquistion_ _bm.docx Attachments: 1. Identified Properties 2. Owners of Record Ward 8 December 1, 2011

3 PAGE 1 OF 2 IDENTIFIED PROPERTIES II ATTACHMENT 1 ~============================~ EOLA DRIVE NW IMPROVEMENT I EXHIBIT A PN z-- LEGEND PROPERTY ID No. APPROXIMATE ACQUISITION AREA WAY NW DEPARTMENT OF PUBLIC WORKS 555 LIBERTY ST SE SALEM, OR (503) G Sc

4 IDENTIFIED PROPERTIES PAGE 2 OF 2 II ATTACHMENT 1 I ~==========================~ I EXHIBIT A I EOLA DRIVE NW IMPROVEMENT PN ~ ~ z w > a: Cl ~ ~<;;) ::5 0 w I 23RD CT NW ~ 'Cii >- 0::: 0::: w a:l 0::: <( a:l ' NOTE: NO PROPERTY ACQUISITION REQUIRED BETWEEN KALEY AVE AND BURLEY HILL DR LEGEND PROPERTY ID No. APPROXIMATE ACQUISITION AREA DEPARTMENT OF PUBLIC WORKS 555 LIBERTY ST SE SALEM, OR (503) G Sc

5 EXHIBIT B ATTACHMENT 2 Eola Drive NW Corridor Improvements Owner of Record Information Property IDNo..) " Property Owner Tax map/lot No. Dale R. Dabrowski 7328BB7701 Mason F. Smith 7328BB7800 Erwin M. Rittner 7328BB601 Carolyn R. Scheiber 7329AA13500 Richard E. & Judith A. Palfy 7329AA13400 Lowen Living Trust 7329AA13300 Joel Thomas & Susan Gayl Nickel 7329AA13100 Waston Joint Revocable Living Trust 7329AA13000 Carol J. Swan 7329AA12900 Michael & Irish Boyce 7329AA12800 John A. & Leaseia S. McMurran 7329AA12700 Donald & Eileea Bourne Revocable Trust 7329AA12600 Lori R. & John P. Lassen 7329AA12500 Michael L. & Katherine T. Hand 7329AA12400 Gary L. & Elizabeth L. LeDoux 7329AB103 Christopher E. & Myrna E. Ward 7329AA10200 Kathleen M. & Darren K. Bolen 7329AB108 Randi J. Loeb & James R. Roten 7329AA9100 Randi J. Loeb & James R. Roten 7320DC3700 Thomas G. & RoseMarie C. McGuire 7329AB104 Benjamin D. & Sarah G. Smith 7329AB101 Jane M. Norris Revocable Living Trust 7329AB102 Arthur & Ebba Tweed Trust 7320DC3600 Bryce E. Dohrman 7320DC3502 C & M Land Co., LLC 7320DC3503 NF Properties, LLC 7320DC3400 Serge & Dora I vanitsky 7320DC3300 Stellmacher Living Trust 7320DC3200 William C. Bradbury & Kathleen P. Eymann 7320DC3100 Gary & Jolanda Westphal Carl Hello 7320C01200 Page 1 of 1

6 December 12, (a) RESOLUTION NO A RESOLUTION DECLARING THE PUBLIC NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS FOR THE EOLA DRNE NW CORRIDOR IMPROVEMENT PROJECT Whereas, for the purposesrofthe Eola Drive NW Corridor Improvement Project (Project), it is necessary for the City of Salem (City) to acquire right-of-way and easements over certain real property depicted on "Exhibit 1," which is attached hereto and incorporated herein by this reference (Properties); and Whereas, the public improvements for the Project are approved capital improvements currently being designed for construction; and Whereas, for the public purposes of improving the streets within the City, including the construction of the public improvements for the Project, the City Council has deemed necessary the acquisition of certain properties or property rights, which the City is authorized by law to acquire; NOW, THEREFORE, THE CITY OF SALEM RESOLVES AS FOLLOWS: Section 1. The City hereby finds the Project to be in the public interest and declares a public need for the Properties in order to construct the public improvements for the Project. Section 2. The City shall negotiate to acquire right-of-way and easements from those persons or entities with property interests depicted on "Exhibit 2," which is attached hereto and incorporated herein by this reference, and pay just compensation therefor. Section 3. This resolution is effective upon adoption. ADOPTED by the City Council this 12th day of December, ATTEST: City Recorder ~. Approved by City Attorney: -W-- Checked by: J. Gibson G:\Group\legal1 \Council\2011 \ Eola Dr Corridor Improvement reso.doc RESOLUTION- Page 1

7 ~=I=D=EN=T=I=FI=E=D=P=R=O=P=E=R=T=IE=S====~Il EOLA DRIVE NW IMPROVEMENT PN z [ PAGE 1 OF 2 EXHIBIT 1 J WOODLAND DR NW LEGEND PROPERTY ID No. APPROXIMATE ACQUISITION AREA FOREST WAY NW DEPARTMENT OF PUBLIC WORKS 555 LIBERTY ST SE SALEM, OR (503) GSc

8 IDENTIFIED PROPERTIES ==E=O=LA=D=R=IV=E=N=W=I=M=P=R=O=V=E=M=E=N=T==::::::L PN I 3: z w > ~ c PAGE 2 OF 2 EXHffiiTl J ' ' ' NOTE: NO PROPERTY ACQUISIDON REQUIRED BETWEEN KALEY AVE AND BURLEY HILL DR LEGEND PROPERTY 10 No. APPROXIMATE ACQUISITION AREA 1 DEPARTMENT OF PUBLIC WORKS 555 LIBERTY ST SE SALEM, OR (503) GSc

9 EXHIBIT B EXHffiiT2 Property IDNo Eola Drive NW Corridor Improvements Owner of Record Information Property Owner Tax map/lot No. Dale R Dabrowski 7328BB7701 Mason F. Smith 7328BB7800 Erwin M. Rittner 7328BB601 Carolyn R. Scheiber 7329AA13500 Richard E. & Judith A. Palfy 7329AA13400 Lowen Living Trust 7329AA13300 Joel Thomas & Susan Gayl Nickel 7329AA13100 Waston Joint Revocable Living Trust 7329AA13000 Carol J. Swan 7329AA12900 Michael & Irish Boyce 7329AA12800 John A. & Leaseia S. McMurran 7329AA12700 Donald & Eileea Bourne Revocable Trust 7329AA12600 Lori R. & John P. Lassen 7329AA12500 Michael L. & Katherine T. Hand 7329AA12400 I Gary L. & Elizabeth L. LeDoux 7329AB103 Christopher E. & Myrna E. Ward 7329AA10200 Kathleen M. & Darren K. Bolen 7329AB108 Randi J. Loeb & James R. Roten 7329AA9100 Randi J. Loeb & James R Roten 7320DC3700 Thomas G. & RoseMarie C. McGuire 7329AB104 Benjamin D. & Sarah G. Smith 7329AB101 Jane M. Norris Revocable Living Trust 7329AB102 Arthur & Ebba Tweed Trust 7320DC3600 Bryce E. Dohrman 7320DC3502 C & M Land Co., LLC 7320DC3503 NF Properties, LLC 7320DC3400 Serge & Dora Ivanitsky 7320DC3300 Stellmacher Living Trust 7320DC3200 William C. Bradbury & Kathleen P. Eymann 7320DC3100 Gary & Jolanda Westphal Carl Hello 7320C01200 Page 1 of1

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