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Ordinance No. 19817
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Ordinance No. 19817
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Last modified
6/10/2010 3:47:05 PM
Creation date
11/14/2008 1:19:00 PM
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Council Ordinances
CMO_Document_Number
19817
Document_Title
Authorizing the institution of proceedings in eminent domain for the acquisition by condemnation of certain interests in real property to allow construction of low income housing and other public uses and declaring an emergency.
Adopted_Date
12/2/1991
Approved Date
12/2/1991
CMO_Effective_Date
12/2/1991
Signer
Jeffrey R. Miller
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I. Removal of the covenants, conditions and restrictions imposed upon the site <br />will not result in any dislocation of residents of the area and, if the removal has any value <br />to subdivision properties, it appears to be minimal. <br />J. The removal of the covenants, conditions and restrictions imposed upon all <br />City property within the subdivision while facilitating the public use of the property City <br />awns will not, in and of itself, limit or prevent the enforcement of the covenants, conditions <br />and restrictions between the owners of the other lots within the subdivision. <br />Naw, therefore, <br />THE CITY 4F EITGENE D4E5 ORDAIN AS FaLL(]WS: <br />Section 1. Based upon the above finding, which are incorporated herein by <br />reference and hereby adopted, the Council does hereby find, declare, and determine it <br />necessary to acquire any interest or easement which all or part of the owners of lots within <br />the Acorn Park Subdivision as filed in 145 including any additions or replats thereof <br />thereafter referred to as the Subdivision} may have in the real property described in Exhibit <br />A hereto for the purpose of putting said property to public use, free of any and all <br />encumbrances and restrictions arising from the recorded covenants, conditions and <br />restrictions thereon. Such public uses may include, but are not limited to, open space, parks <br />or development ar sale of the real property for use as low income housing with subsidized <br />rents and related uses. <br />Section Z. The City Council directs that the City of Eugene shall institute <br />proceedings in eminent domain for the condemnation of the real property interests or <br />easements described in Section 1, and at least 20 days prior to the filing of any action for <br />condemnation to make a written offer to the owners ar parties having an interest therein of <br />a stated amount as compensation, if any is due based upon appraisal, therefor and the for <br />any compensable damages to the lots in the Subdivision. <br />Section 3. The City Council further directs that the City of Eugene shall obtain <br />immediate possession of the real property interests or easements described in Section 1 if <br />negotiations will delay the development of needed low income housing on the property <br />described in Exhibit A. <br />Section 4. The City council declares that the removal of any restricting interests <br />and the possible development of the property as law income pausing or other public uses <br />as above set forth are for a public purpose, constitute the greatest good and the least private <br />injury, are necessary for the public health and welfare, and are authorized under the laws <br />of the State of Oregon and Charter and ordinances of the City of Eugene. The real <br />property described in Exhibit A hereto shall be put to public use no later than ten years <br />from the date of this Ordinance. <br />ordinance - 2 <br />
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