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<br />RESOLUTION NO. 4684 <br /> <br />A RESOLUTION AUTHORIZING THE INSTITUTION OF <br />PROCEEDINGS IN EMINENT DOMAIN FOR THE <br />ACQUISITION OF PROPERTY INTERESTS ALONG THE <br />EAST BANK OF THE WILLAMETTE RIVER FOR THE <br />CONSTRUCTION AND MAINTENANCE OF THE EAST <br />BANK TRAIL. <br /> <br />The City Council of the City of Eugene finds that: <br /> <br />A. 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 the improvement and maintenance of City bicycle paths. <br /> <br />B. In accordance with that authority, Ordinance No. 20024 was passed by the City <br />Council and approved by the Mayor on September 18, 1995 authorizing the acquisition of property <br />interests from the Greenway Bicycle Bridge north to the Delta Highway/Green Acres Road <br />intersection for construction and maintenance of the East Bank Trail Bicycle/Pedestrian Path. <br /> <br />C. The property interests authorized for acquisition were identified by Lane County <br />Assessor's map and tax lot numbers on Exhibit A to Ordinance No. 20024. It was the intent and <br />belief at that time that all properties necessary for construction and maintenance of the East Bank <br />Trail were identified on Exhibit A. As Phase III, from River Island Estates to the Greenway Bridge <br />progressed through the design and acquisition phase in late 1999, the City's consultant identified an <br />apparent gap in property ownership in the vicinity of Willamette Oaks. Based on title reports <br />secured by City staff, it has been determined that three remnant parcels had not been tax lotted at the <br />time Ordinance No. 20024 was adopted, and were therefore not included in Exhibit A to the <br />Ordinance. <br /> <br />D. Willamette Oaks LLC, a Washington limited liability company, has acquired <br />ownership interest in two of the three parcels which are more particularly described on Exhibit A <br />attached hereto. <br /> <br />E. Acquisition by the City of these parcels is necessary In order to complete <br />construction of the path during the current construction season. <br /> <br />F. The public good realized from the project far outweighs any damage which the <br />property owners might sustain, particularly in light of the City's obligation to provide just <br />compensation to the affected property owners. <br /> <br />Now, therefore, <br /> <br />Resolution - 1 <br />