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RESOLUTION NO. 4972 <br />A RESOLUTION AUTHORIZING THE INSTITUTION OF <br />PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF <br />PROPERTY INTERESTS FOR THE DELTA PONDS BRIDGE 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 <br />applicable state law to institute proceedings in eminent domain for the acquisition by <br />condemnation of private property for public purposes, including transportation easements and <br />temporary construction easements for improvement projects. <br /> B. <br /> In February, 2009, the Oregon Transportation Commission approved a Federal <br />Highway Administration transportation enhancement grant to construct a pedestrian-bicycle path <br />in the vicinity of the Delta Ponds and Delta Highway. The Delta Ponds Bridge Project (“the <br />Project”) has been in planning and design for years. Environmental documentation has been <br />completed and the Project is consistent with adopted plans and policies including TransPlan and <br />the City’s Parks Recreation and Open Space Project and Priority Plan. <br /> C. <br /> The Project requires acquisition of property owned by Romania Land Company, <br />LLC. City staff has contacted the property owner and delivered an Offer to Purchase, but an <br />agreement has not yet been reached. Timely acquisition of the easement is necessary in order to <br />complete the Project. All of the permanent and temporary construction easement rights of way <br />needed for construction of the Project are depicted on the map attached as Exhibit A to this <br />Resolution. <br /> D. <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, which are adopted and incorporated herein by <br />reference, the City Council of the City of Eugene finds, declares, and determines it necessary to <br />acquire permanent public access way easement areas of approximately 2,029 square feet, a <br />temporary construction easement area of approximately 34,902 square feet, and a blanket <br />easement area of approximately 17,500 square feet, more particularly depicted on Exhibit A <br />attached to this Resolution and incorporated herein by reference. The acquisition is necessary in <br />order to construct pedestrian-bicycle path over the Delta Ponds and Delta Highway, in <br />accordance with the design prepared by the City Engineer and approved by the City Manager. <br />Resolution - Page 1 of 2 <br />