HomeMy WebLinkAboutResolution No. 5170
COUNCIL RESOLUTION NO.5170
A RESOLUTION AUTHORIZING THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF
PROPERTY INTERESTS FOR THE COMMERCE STREET
BICYCLE/PEDESTRIANBRIDGE PROJECT.
PASSED: 5:1
REJECTED:
OPPOSED:Clark
ABSENT: Zelenka, Syrett
CONSIDERED:September 26, 2016
RESOLUTION NO. 5170
A RESOLUTION AUTHORIZING THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF
PROPERTY INTERESTS FOR THE COMMERCE STREET
BICYCLE/PEDESTRIANBRIDGE 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.
The Commerce Street bicycle/pedestrian connector path and bridges project (“the
Project”)is in the Central Lane Metropolitan Planning Organization (MPO) 2011 Regional
Transportation Plan, has been includedin the Central Lane MPO Metropolitan Transportation
Improvement Program and is supported by transportation system plan policies.It was identified
as a needed project to provide a connection between the Fern Ridge shared use path and the West
th
11Avenuecommercial area in the vicinity of Commerce Street and the new West Eugene EmX
line.
C.
The Project requires acquisition of property rights owned by Philip L. and Joan C.
Marvin, and M3 Real Estate Development, LLC.Construction of the Project necessitates
acquisition of combined permanent easement rights of approximately .17 of an acre (which
includes the existing public utility easement and a private access easement that will be overlayed),
and a temporary construction easement area of approximately .5of an acre, more particularly
depicted on Exhibit A attached to this Resolution.
D.
City staff has contacted the property ownersand 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.
E.
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, the City Council of the City of Eugene declares
it necessary to acquire combined permanent easement rights of approximately .17 of an acre
(which includes the existing public utility easement and a private access easement that will be
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