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overlayed), and a temporary construction easement area of approximately .5 of an acre, more par- ticularly depicted on Exhibit A attached to this Resolution. The acquisition is necessary in order to construct the Commerce Street bicycle/pedestrian connector path and bridges project in accordance with the design prepared by the City Engineer and approved by the City Manager. Section 2 . The City Council directs that the City Manager or the Manager’s designee shall continue negotiations with the affected property owner to acquire the needed property interests and, if necessary, institute proceedings in eminent domain for the condemnation of the real property interests described in Section 1. At least 40 days prior to the filing of any action for condemnation, the City Manager or the Manager’s designee shall make a written offer to the owner or parties having an interest in the property of a stated amount as compensation therefore and for any compensable damages to the remaining property. Section 3 . The City Council further directs that the City Manager or the Manager’s designee shall take steps to obtain for the City immediate possession of the real property interests described in Section 1 if negotiations will delay the construction of the described improvement. Section 4 . The City Council declares that the improvement described above is for a public purpose, is necessary for the public welfare, is located in a manner which will be most compatible with the greatest public good and the least private injury, and is authorized under the laws of the State of Oregon and Charter and ordinances of the City of Eugene. Section 5 . The City Council further declares that the real property interest described in Section 1 shall be used by the City of Eugene for public purposes at the earliest possible date and, in any event, no later than ten years from the date this Resolution is adopted by the Council. Section 6. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the 26th day of September, 2016. ______________________________________ City Recorder Resolution - Page 2 of 2