Item 2D: Resolution on Condemnation of Wastewater Legacy Interceptor South Project

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ATTACHMENT A RESOLUTION NO. _________ A RESOLUTION AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY INTERESTS FOR THE LEGACY WASTEWATER INTERCEPTOR IMPROVEMENT PROJECT IN THE VICINITY OF THE ROYAL NODE AREA OF WEST EUGENE. The City Council of the City of Eugene finds that: A. The City Council has authority under provisions of the City Charter and applicable state law to institute proceedings in eminent domain for the acquisition by condemnation of private property for public purposes, including permanent easements and temporary construction easements for wastewater improvement projects. B. The concept of the Legacy Wastewater Interceptor as part of the urban infrastructure to serve the west Eugene area was included in both the January 2003 Royal Avenue Specific Plan (which served as findings in support of Ordinance 20274 amending the Metro Plan and Bethel- Danebo Refinement Plan), and the City’s 1992 Urban Sanitary Sewer Master Plan. The City Council also included funds for right of way acquisition, design and construction of the Legacy Wastewater Interceptor in the adopted fiscal Year 2006 Capital Budget. C. City staff has contacted the affected property owners and has obtained some of the easements necessary to make the improvements, but has been unable to reach an agreement with all of the property owners. All of the permanent and temporary construction easement rights of way needed for construction of the improvements are depicted on the map attached as Exhibit A hereto. D. The public good realized from the project far outweighs any damage which the property owners might sustain, particularly in light of the Citys obligation to provide just = compensation to the affected property owners. Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, A Municipal Corporation of the State of Oregon, as follows: Section 1 . Based upon the findings, which are incorporated herein by reference and hereby adopted, the City Council of the City of Eugene does hereby find, declare, and determine it necessary to acquire permanent 40 foot public utility easements interests across the parcels of real property Resolution - 1