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<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 above findings, which are incorporated herein by reference and <br />hereby adopted, the City Council of the City of Eugene does hereby find, declare, and determine it <br />necessary to acquire certain ownership interests to the parcels of real property more particularly <br />described on Exhibit A attached hereto and incorporated herein by reference in order to construct <br />and maintain the public bicycle and pedestrian East Bank Trail in accordance with the design <br />prepared by the City 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 20 days prior to the filing of any action for <br />condemnation to make a written offer 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 />The foregoing Resolution adopted the 9th day of July, 2001. <br /> <br />$~1'L. 7:;~ <br /> <br />City Recorder <br /> <br />Resolution - 2 <br />