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<br />RESOLUTION NO. 4904 <br /> <br />A RESOLUTION AUTHORIZING THE INSTITUTION OF <br />PROCEEDINGS IN EMINENT DOMAIN FOR THE <br />ACQUISITION OF PROPERTY INTERESTS FOR THE <br />LEGACY WASTEWATER INTERCEPTOR IMPROVEMENT <br />PROJECT IN THE VICINITY OF THE ROYAL NODE AREA <br />OF WEST EUGENE. <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 ofprivate <br />property for public purposes, including permanent easements and temporary construction easements <br />for wastewater improvement proj ects. <br /> <br />B. The concept of the Legacy Wastewater Interceptor as part of the urban infrastructure <br />to serve the west Eugene area was included in both the January 2003 Royal Avenue Specific Plan <br />(which served as findings in support of Ordinance 20274 amending the Metro Plan and Bethel- <br />Danebo Refinement Plan), and the City's 1992 Urban Sanitary Sewer Master Plan. The City Council <br />also included funds for right of way acquisition, design and construction of the Legacy Wastewater <br />Interceptor in the adopted fiscal Year 2006 Capital Budget. <br /> <br />C. City staff has contacted the affected property owners and has obtained some of the <br />easements necessary to make the improvements, but has been unable to reach an agreement with all <br />of the property owners. All of the permanent and temporary construction easement rights of way <br />needed for construction of the improvements are depicted on the map attached as Exhibit A hereto. <br /> <br />D. 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 />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, A <br />Municipal Corporation of the State of Oregon, as follows: <br /> <br />Section 1. Based upon the findings, which are incorporated herein by reference and hereby <br />adopted, the City Council of the City of Eugene does hereby find, declare, and determine it necessary <br />to acquire permanent 40 foot public utility easements interests across the parcels of real property <br />more particularly depicted on Exhibit A attached hereto and incorporated herein by reference, <br /> <br />Resolution - 1 <br />