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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 />