Item 4: Ordinance Authorizing Use of Eminent Domain to Acquire Property Near Amazon Creek Headwaters

Home Browse Search

ATTACHMENT A ORDINANCE NO. AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION BY CONDEMNA TION OF PROPERTY FOR PARK AND OPEN SPACE LAND NEAR THE AMAZON CREEK HEADWATERS IN SOUTH EUGENE; AND DECLARING AN IMMEDIATE EFFECTIVE DATE. 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 within and without its corporate limits for the public purpose of public parks, preservation of land for open space, and expansion of the Ridgeline Trail system. B. Acquisition of land in the south Eugene area for parks, preservation of open space and expansion of the Ridgeline Trail system has long been a priority of the City and the affected neighborhood organization. C. The importance of preservation of land for parks and open space has also been reflected in the passage by the electors of the City of Parks and Open Space bonds in 1998 and 2006. D. The policies and goals of the City and the directive of the electors in approving the 1998 and 2006 Parks and Open Space bonds can best be met by acquisition of the 26 acre parcel of real property located south of West Amazon Drive's terminus and the 39 acre parcel of real property located between Dillard Road and Nectar Way, which are more particularly described on Exhibits A and B hereto. E. The public good realized from the acquisition far outweighs any damage which the property owners might sustain, particularly in light of the City's obligation to provide just compensation to the affected property owners. Now, therefore, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Based upon the above findings, which are incorporated herein and adopted, the City Council of the City of Eugene does hereby find, declare, and determine it necessary to acquire certain ownership interests to the parcels of real property located south of West Amazon Drive's terminus and between Dillard Road and Nectar Way, and more particularly described on Ordinance - 1