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<br />together with temporary construction easements of 25 feet on each side of the permanent public <br />utility easement, as also depicted on the attached Exhibit A. The easements are necessary in order to <br />construct the Legacy Wastewater Interceptor between the intersection of Legacy and Avalon Streets <br />and the intersection of Roosevelt Boulevard and Terry Street through the Royal Node area of West <br />Eugene, in accordance with the design prepared by the City Engineer and approved by the City <br />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 to acquire the needed property <br />interests and, ifnecessary, institute proceedings in eminent domain for the condemnation of the real <br />property interests described in Section 1. At least 40 days prior to the filing of any action for <br />condemnation the City Manager or the Manager's designee shall make a written offer to the owners <br />or parties having an interest in the property of a stated amount as compensation therefor and for any <br />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 if <br />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 a <br />public purpose, are necessary for the public welfare, are the most compatible with the greatest public <br />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, in <br />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 February, 2007. <br /> <br />-loo' .~ <br /> <br />~ City Recorder <br /> <br />Resolution - 2 <br />