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<br />RESOLUTION NO. 4774 <br /> <br />A RESOLUTION AUTHORIZING THE INSTITUTION OF <br />PROCEEDINGS IN EMINENT DOMAIN FOR THE <br />ACQUISITION OF PROPERTY INTERESTS (TL 100, 102, <br />AND 103 ON TAX MAP 17-03-28-40, AND TL 100 ON TAX <br />MAP 17-03-28-14) FOR THE PROPOSED CONSTRUCTION <br />OF GARDEN WAY FROM SISTERS VIEW A VENUE TO <br />MARTIN LUTHER KING JR. BOULEVARD, AND THE <br />NORTH SIDE OF MARTIN LUTHER KING JR. <br />BOULEVARD FROM MARC HE CHASE DRIVE TO 1-5. <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 street improvement projects. <br /> <br />B. The City Council has approved the design of a street improvement project on Garden <br />Way and has authorized staff to proceed with acquisition of property interests on Garden Way from <br />Sisters View Avenue to Martin Luther King Jr. Boulevard, and the north side of Martin Luther King <br />Jr. Boulevard from Marche Chase Drive to 1-5 for the proposed street improvement construction. <br /> <br />C. City staff has worked with all affected property owners to obtain the necessary right <br />of way needed to make improvements to Garden Way. All ofthe right of way needed for the project <br />has been obtained, except for the parcels described on Exhibit A attached hereto. These last <br />remaining parcels are needed to construct the design as approved. <br /> <br />D. Acquisition by the City of these parcels is necessary in order to start construction in <br /> <br />2004. <br /> <br />E. 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 /> <br />Resolution - I <br />