Resolution No. 5170
City of Eugene
2016 No. 5146-5179
Resolution No. 5170
10/3/2016 11:05:27 AM
9/28/2016 3:54:40 PM
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RESOLUTION NO. 5170 <br />A RESOLUTION AUTHORIZING THE INSTITUTION OF <br />PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF <br />PROPERTY INTERESTS FOR THE COMMERCE STREET <br />BICYCLE/PEDESTRIANBRIDGE PROJECT. <br />The City Council of the City of Eugene finds that: <br />A. <br />The City Council has authority under provisions of the City Charter and applicable <br />state law to institute proceedings in eminent domain for the acquisition by condemnation of private <br />property for public purposes, including rights-of-way and easements for improvement projects. <br />B. <br />The Commerce Street bicycle/pedestrian connector path and bridges project (“the <br />Project”)is in the Central Lane Metropolitan Planning Organization (MPO) 2011 Regional <br />Transportation Plan, has been includedin the Central Lane MPO Metropolitan Transportation <br />Improvement Program and is supported by transportation system plan policies.It was identified <br />as a needed project to provide a connection between the Fern Ridge shared use path and the West <br />th <br />11Avenuecommercial area in the vicinity of Commerce Street and the new West Eugene EmX <br />line. <br />C. <br />The Project requires acquisition of property rights owned by Philip L. and Joan C. <br />Marvin, and M3 Real Estate Development, LLC.Construction of the Project necessitates <br />acquisition of combined permanent easement rights of approximately .17 of an acre (which <br />includes the existing public utility easement and a private access easement that will be overlayed), <br />and a temporary construction easement area of approximately .5of an acre, more particularly <br />depicted on Exhibit A attached to this Resolution. <br />D. <br />City staff has contacted the property ownersand delivered an Offer to Purchase, <br />but an agreement has not yet been reached. Timely acquisition of the easement is necessary in <br />order to complete the Project. <br />E. <br />The public good realized from the project far outweighs any damage which the <br />property owner might sustain, particularly in light of the City’s obligation to provide just <br />compensation to the affected property owner. <br />Now, therefore, <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, A <br />Municipal Corporation of the State of Oregon, as follows: <br />Section 1 <br />. Based upon the above findings, the City Council of the City of Eugene declares <br />it necessary to acquire combined permanent easement rights of approximately .17 of an acre <br />(which includes the existing public utility easement and a private access easement that will be <br />Resolution -Page 1of 2 <br /> <br />
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