Item 5: Condemnation Resolution for West Bank Trail Extension

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Adoption of Resolution 5012 Authorizing the Institution of Proceedings in Eminent Domain for the Acquisition of Property Interests for the West Bank Willamette River Pedestrian/Bicycle Extension Path Project Meeting Date: July 26, 2010 Agenda Item Number: 5 Department: Public Works-Engineering Staff Contact: Mark Schoening www.ci.eugene.or.us Contact Telephone Number: 541-682-5243 ISSUE STATEMENT The council is being requested to adopt a resolution (Attachment A) authorizing the institution of proceedings in eminent domain (condemnation) for the acquisition of property interests from the remaining property ownership for the construction of the pedestrian/bicycle path at Beltline Highway on the west bank of the Willamette River. BACKGROUND The proposed pedestrian /bicycle path is to provide the extension and connection of the present bike path ending on the south side of the Beltline Highway to the north, to Beaver Street, to provide a safer connection to downtown Eugene and the present path serving neighborhoods in northern River Road and Santa Clara areas. All properties needed for this project have been acquired with the exception of one. That property is occupied by Delta Sand and Gravel Company and owned by Delta Property Company, A Limited Partnership. The acquisition has now become a critical path item per the terms of the federal Transportation Enhancement funding to obtain the obligation of funding to enable construction of the proposed improvements. Federal funding for the project is contingent on the City’s ability to complete all State and Federal clearances for the project by September 2010; acquisition of this property is the final clearance needed. Adoption of the resolution will empower Public Works Engineering to proceed with timely acquisition of necessary rights-of-way. Discussions between City staff and Delta regarding details of the project and measures to minimize and mitigate impact to the public and to Delta’s operation as a result of the project began over two years ago. Building a tunnel for the path under Delta’s main entrance to eliminate conflicts between path users and vehicles using the entrance was one of the main changes to the original project concept the City made as a result of these discussions. This tunnel provides a considerable safety benefit to path users and will significantly mitigate potential impacts to Delta’s operation by eliminating conflicts at that entrance. Adding this tunnel to the project required the City to request an additional $800,000 in funding from Federal Highway Administration, and also resulted in the need for the right-of-way acquisition from Delta. Appraisals have been prepared and negotiations with the affected property owners are ongoing consistent with the Federal Relocation and Real Property Acquisition Act and Oregon Revised Statutes. Z:\CMO\2010 Council Agendas\M100726\S1007265.doc