Item 2E: Resolution for Delta Ponds Bridge

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ATTACHMENT A RESOLUTION NO. ______ A RESOLUTION AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY INTERESTS FOR THE DELTA PONDS BRIDGE PROJECT. 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 for public purposes, including transportation easements and temporary construction easements for improvement projects. B. In February, 2009, the Oregon Transportation Commission approved a Federal Highway Administration transportation enhancement grant to construct a pedestrian-bicycle path in the vicinity of the Delta Ponds and Delta Highway. The Delta Ponds Bridge Project (“the Project”) has been in planning and design for years. Environmental documentation has been completed and the Project is consistent with adopted plans and policies including TransPlan and the City’s Parks Recreation and Open Space Project and Priority Plan. C. The Project requires acquisition of property owned by Romania Land Company, LLC. City staff has contacted the property owner and delivered an Offer to Purchase, but an agreement has not yet been reached. Timely acquisition of the easement is necessary in order to complete the Project. All of the permanent and temporary construction easement rights of way needed for construction of the Project are depicted on the map attached as Exhibit A to this Resolution. D. The public good realized from the project far outweighs any damage which the property owner might sustain, particularly in light of the City’s obligation to provide just compensation to the affected property owner. Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, A Municipal Corporation of the State of Oregon, as follows: Section 1 . Based upon the above findings, which are adopted and incorporated herein by reference, the City Council of the City of Eugene finds, declares, and determines it necessary to acquire permanent public access way easement areas of approximately 2,029 square feet, a temporary construction easement area of approximately 34,902 square feet, and a blanket easement area of approximately 17,500 square feet, more particularly depicted on Exhibit A attached to this Resolution and incorporated herein by reference. The acquisition is necessary in order to construct pedestrian-bicycle path over the Delta Ponds and Delta Highway, in accordance with the design prepared by the City Engineer and approved by the City Manager. Resolution - Page 1 of 2