Item 2C: Resolution 4906 Authorizing Institution of Proceedings in Eminent Domain for Acquisition of Property Interests for Courthouse District Transportation Improvement Project

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existing roadways, including stormwater improvements, traffic signals, sidewalks and paths, street trees and other landscaping, lighting, railroad crossing improvements and under-grounding of some utilities. This final easement will complete all acquisition needed for the project. The attached map indicates the area to be acquired. Union Pacific Rail Road has indicated a willingness to work with the City; however, acquisition is a critical path item to construct the improvements. Adoption of the resolution will empower Public Works Engineering to proceed with timely acquisition of necessary right-of-way. Appraisals have been prepared and negotiations are being conducted consistent with the Federal Relocation and Real Property Acquisition Act and Oregon Revised Statutes. Condemnation proceedings (initiation of court action) will only be used as a last resort if negotiations do not result in a mutually acceptable agreement in the necessary timeframe. Owners of property needed for public projects such as this one are offered just compensation for the required property interests. Just compensation includes the appraised value of all the land and improvements within the acquisition, including consideration of financial damages to the remainder parcel in the case of a partial acquisition. Acquisition procedures, guided by Federal regulations and Oregon Revised Statues, have been designed to protect both owners of properties needed for public projects as well as the public agency. COUNCIL OPTIONS The council’s options are to adopt the resolution authorizing the use of eminent domain to acquire the property or to direct staff to continue attempting to negotiate purchase of the property without the power of eminent domain. CITY MANAGER’S RECOMMENDATION The City Manager recommends adoption of the proposed resolution authorizing the use of eminent domain. SUGGESTED MOTION Move to adopt Resolution 4906 authorizing the institution of proceedings in eminent domain for the acquisition of property interests for the Courthouse District Transportation Improvement Project (City Job 4237). ATTACHMENTS A. Resolution with attached Exhibit A map FOR MORE INFORMATION Staff Contact: Michelle Cahill Telephone: 682-6855 Staff E-Mail: michelle.r.cahill@ci.eugene.or.us L:\CMO\2007 Council Agendas\M070312\S0703122C.doc