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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ATTACHMENT A RESOLUTION NO. __________ A RESOLUTION AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY INTERESTS FOR THE COURTHOUSE DISTRICT TRANSPORTATION IMPROVEMENT PROJECT (CITY JOB 4237). 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 street and stormwater improvement projects. B. The City Council has previously approved the design concept for improvements to existing transportation infrastructure in the vicinity of the new Federal Courthouse consisting of the construction of a new roadway and upgrading the existing roadway; stormwater improvements; installation of traffic signals, lighting, sidewalks and paths, street trees and other landscaping; railroad crossing improvements; and under-grounding of some utilities. C. All of the right of way needed to make the improvements has been acquired by the City except for an easement to allow construction of an improved pedestrian access across th the Union Pacific Railroad tracks near the intersection of Hilyard Street and 8 Avenue. The property owner has indicated a willingness to work with the City; but negotiations have not yet resulted in an agreement. Timely acquisition of the easement is necessary in order to complete the improvement. All of the easement right of way necessary for construction of the pedestrian access is depicted on Exhibit A attached hereto. D. The public good realized from the project far outweighs any damage which the property owner might sustain, particularly in light of the City’s obligation to provide just compensation to the affected property owner. 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 a permanent easement interest across the parcel of real property more particularly depicted on Exhibit A attached hereto and incorporated herein by reference in order to construct an improved pedestrian access across the Union Pacific Railroad tracks near the Resolution - 1