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landscaping; railroad crossing improvements; and undergrounding of some utilities, in <br />accordance with the design prepared by the City Engineer and approved by the City Manager. <br /> <br /> Section 2. The City Council does hereby direct that the City Manager or the Manager' s <br />designee shall institute negotiations with affected property owners(s) to acquire the needed <br />property interests and institute proceedings in eminent domain for the condemnation of the real <br />property interests described in Section 1, and, at least 40 days prior to the filing of any action for <br />condemnation to make a written offers to the owners or parties having an interest therein of a <br />stated amount as compensation therefor and for any compensable damages to remaining <br />property. <br /> <br /> Section 3. The City Council further directs that the City Manager or the Manager' s <br />designee shall obtain for the City immediate possession of the real property interests described in <br />Section 1 if negotiations will delay the construction of the described improvements. <br /> <br /> Section 4. The City Council hereby declares that the improvements above set forth are <br />for a public purpose, are necessary for the public welfare, are the most compatible with the <br />greatest public good and the least private injury, and are authorized under the laws of the State of <br />Oregon and Charter and ordinances of the City of Eugene. <br /> <br /> Section 5. The City Council further declares that the real property interests described in <br />Section 1 shall be used by the City of Eugene for public purposes at the earliest possible date <br />and, in any event, no later than ten years from the date this Resolution is adopted by the Council. <br /> <br /> Section 6. This Resolution shall become effective immediately upon its adoption. <br /> <br /> The foregoing Resolution adopted the __ day of June, 2004. <br /> <br /> City Recorder <br /> <br />Resolution - 2 <br /> <br /> <br />