Item 2E: Resolution for Delta Ponds Bridge

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Adoption of Resolution 4972 Authorizing the Institution of Proceedings in Eminent Domain for the Acquisition of Property Interests for the Delta Ponds Bridge Project (Job 4378) Meeting Date: April 27, 2009 Agenda Item Number: 2E Department: Public Works-Engineering Staff Contact: Mark Schoening www.eugene-or.gov Contact Telephone Number: 682-5243 ISSUE STATEMENT The council is being requested to adopt a resolution (Attachment A) authorizing the institution of proceedings in eminent domain (condemnation) for the acquisition of property interests from the remaining property ownership for the construction of the pedestrian/bicycle bridge at Delta Highway near Delta Ponds. BACKGROUND The Delta Ponds bicycle and pedestrian bridge project includes a grade-separated, bicycle and pedestrian path with a 340-foot-long bridge span over the Delta Highway, connecting Robin Hood Avenue on the east to Goodpasture Island Road and the Riverbank trail system on the west. All properties needed for this Project (see Attachment B) have been acquired with the exception of one. That property is leased by Kendall Hyundai and owned by Romania Land Company, LLC. The acquisition has now become a critical path item per the terms of the federal economic stimulus funding to construct the improvements this summer. Adoption of the resolution will empower Public Works Engineering to proceed with timely acquisition of necessary rights-of-way. Appraisals have been prepared and negotiations with affected property owners are ongoing consistent with the Federal Relocation and Real Property Acquisition Act and Oregon Revised Statutes. At this time, initiation of condemnation action may be necessary to obtain the required legal possession. The authorization of the condemnation provides further documentation to property owners regarding income tax benefits available to them when properties are sold under threat of condemnation per IRS Code 1033. Owners of property needed for public projects such as this one are offered just compensation for the required property interests as determined by an appraisal. Just compensation includes the appraised value of all the property rights and improvements within the acquisition area, including consideration of financial damages to the remainder parcel in the case of a partial acquisition. In this case the property rights being acquired are in the form of easements. Acquisition procedures, guided by Federal Regulations and Oregon Revised Statues, have been designed to protect both owners of properties needed for public projects as well as the public agency. Z:\CMO\2009 Council Agendas\M090427\S0904272E.DOC