Item 5: Condemnation Resolution for West Bank Trail Extension

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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 WEST BANK WILLAMETTE RIVER PEDESTRIAN/BICYCLE EXTENSION PATH 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 rights-of-way and easements for improvement projects. B. In February, 2006, the Oregon Transportation Commission approved a Federal Highway Administration transportation enhancement grant to construct a pedestrian-bicycle path in the vicinity of the Beltline Highway and the Willamette River. The West Bank Extension Project (“the Project”) has been in planning and design for years. Environmental documentation is nearing completion and the Project is consistent with the adopted Metropolitan Transportation Improvement Program (MTIP) and Transplan policies. C. The Project requires acquisition of property rights owned by Delta Property Company, a limited partnership. 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 easements and temporary construction easements 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 easement rights of approximately .52 of an acre and a temporary construction easement area of approximately .23 of an acre, more particularly depicted on Exhibit A attached to this Resolution and incorporated herein by reference. The acquisition is necessary in order to construct the pedestrian-bicycle path under Beltline Highway and extending it adjacent to Division Avenue, including construction of a path undercrossing at the Delta Sand and Gravel Resolution - Page 1 of 2