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signals, lighting, sidewalks and paths, street trees and other landscaping; railroad crossing <br />improvements; and undergrounding of some utilities, in accordance with the design prepared by the <br />C~ty Engineer and approved by the City Manager. <br /> <br /> Section 2. The City Council does hereby direct that the City Manager or the Manager's <br />designee shall institute negotiations with affected property owners(s) to acquire the needed property <br />interests and institute proceedings in eminent domain for the condemnation of the real property <br />interests described in Section 1, and, at least 40 days prior to the filing of any action for <br />condemnation to make a written offers to the owners or parties having an interest therein of a stated <br />amount as compensation therefor and for any compensable damages to remaining property. <br /> <br /> Section 3. The City Council further directs that the City Manager or the Manager's designee <br />shall obtain for the City immediate possession of the real property interests described in Section 1 <br />if negotiations will delay the construction of the described improvements. <br /> <br /> Section 4. The City Council hereby declares that the improvements above set forth are for <br />a public purpose, are necessary for the public welfare, are the most compatible with the greatest <br />public good and the least private injury, and are authorized under the laws of the State of Oregon and <br />Charter and ordinances of the City of Eugene. <br /> <br /> Section 5. The City Council further declares that the real property interests described in <br />Section 1 shall be used by the City of Eugene for public purposes at the earliest possible date and, <br />in any event, no later than ten years from the date this Resolution is adopted by the Council. <br /> <br /> Section 6. This Resolution shall become effective immediately upon its adoption. <br /> <br /> The foregoing Resolution adopted the 26th day of July, 2004. <br /> <br /> "~City Recorder <br /> <br />Resolution - 2 <br /> <br /> <br />