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ORDINANCE NO. 0~0 6~ <br />AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN <br />ENIINENT DOMAIN FOR THE ACQUISITION OF PROPERTY INTERESTS FROM <br />THE GREENWAY BICYCLE BRIDGE NORTH TO THE DELTA HIGHWAY/GREEN <br />ACRES ROAD INTERSECTION FOR CONSTRUCTION AND MAINTENANCE OF <br />THE EAST BANK TRAIL BICYCLE/PEDESTRIAN PATH. <br />The City Council of the City of Eugene finds that: <br />A. The City Council has authority under provisions of the City charter and applicable state <br />law to institute proceedings in eminent domain for the acquisition by condemnation of private <br />property for public purposes, including the improvement and maintenance of City bicycle paths. <br />B. The Council adoption of the City's Capital lmprovenaent Program authorized the City <br />Engineer to initiate the design and construction of the East Bank trail bicycle and pedestrian path <br />from the Greenway Bicycle Bridge to the Delta HighwaylGreen Acres Road <br />C. ~n determining the location of the Trail, the City has taken into account: <br />1. The Council directive to locate the path as close as practical: to the willarnette River <br />and thereby maximize the aesthetic enj oyment for and use by the public; <br />2. The abjective of minimizing the destruction of mature trees and vegetation and <br />avoiding disruption existing ponds; <br />3. The objective of minimizing disruption to existing developable land; and <br />4. The need to minimize the public cost for this project which is needed to address the <br />~ansportation and recreational goals of the City. <br />D. The proposed improvements will be designed in a manner which is the most compatible <br />with the greatest public good and the least private injury. The proposed improvements are also <br />incompliance with and in furtherance of the plans and specif cations prepared by the City <br />Engineer in accordance with provisions of Chapter 7 of the Eugene Code,197I and applicable <br />polices of the City of Eugene. <br />THE CITY QF EUGENE DOES GRDAIN AS FC~LLGwS: <br />Section 1. Based upon the above findings, which are incorporated herein by reference and <br />hereby adopted, the City Council of the City of Eugene does hereby find, declare, and determine <br />it necessary to acquire the real property interests more particularly described on Exhibit A <br />attached hereto and incorporated herein by reference in order to construct and maintain the public <br />bicycle and pedestrian East Bank Trail in accordance with the design prepared by the City <br />Engineer and approved by the City Manager. <br />85 <br />