HomeMy WebLinkAboutResolution No. 4685
RESOLUTION NO. 4685
A RESOLUTION AUTHORIZING THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE
ACQUISITION OF PROPERTY INTERESTS
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.
B. Danebo Properties, L.L.C. owns property in the area of Danebo Road and Royal
Avenue in Eugene, Oregon, denominated Parcel 1 of Land Partition Plat No. 97- PI 048 in the Lane
County, Oregon, Partition Plat Records, as shown on Attachment A.
C. Mid- Valley Properties, L.L.C. owns property in the area ofDanebo Road and Royal
Avenue in Eugene, Oregon, denominated as Parcel 2 of Land Partition Plat No. 99- P 1211 in the Lane
County, Oregon, Partition Plat Records, as shown on Attachment A.
D. As part of a settlement proposal in an action filed by Danebo Properties, L.L.C., Mid-
Valley Properties, L.L.C. and others against the City of Eugene, Danebo Properties, L.L.C. and Mid-
Valley Properties, L.L.C. have offered to sell the above-described properties to the City of Eugene,
but only if the City of Eugene acquires these properties through the exercise of its powers of eminent
domain.
E. The public good realized from the purchase of these properties far outweighs any
damage which the property owners might sustain, particularly in light of the property owners'
voluntary offer to sell the property to the City and the City's obligation to provide just compensation
to the affected property owners.
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 on the above findings, which are incorporated herein by reference and
hereby adopted, the City Council of the City of Eugene does hereby find, declare, and determine it
necessary to acquire certain ownership interests to the parcels of real property more particularly
described on Attachment A, attached hereto and incorporated herein by reference, consisting of
Parcell of Land Partition Plat No. 97- PI 048 in the Lane County, Oregon, Partition Plat Records and
Resolution - I
Parcel 2 of Land Partition Plat No. 99-P1211 in the Lane County, Oregon, Partition Plat Records,
in order to acquire land, among other things, for possible development of affordable housing, or for
other public purposes.
Section 2. The City Council does hereby direct that the City Manager or the Manager's
designee shall complete negotiations with affected property owners to acquire the needed property
interests and, if necessary, institute proceedings in eminent domain for the condemnation of the real
property interests described in Section 1 and, at least 20 days prior to the filing of any action for
condemnation, make a written offer to the owners or parties having an interest therein of a stated
amount as compensation therefor and for any compensable damages to remaining property.
Section 3. The City Council hereby declares that the improvements above set forth are for
a public purpose, are necessary for the public welfare, are the most compatible with the greatest
public good and the least private injury, and are authorized under the laws of the State of Oregon and
Charter and ordinances of the City of Eugene.
Section 4. The City Council further declares that the real property interests described in
Section I shall be used by the City of Eugene for public purposes at the earliest possible date and,
in any event, no later than ten years from the date of the acquisition of the properties, unless the
owners of the above-specified property waive the right of repurchase of the above-specified real
property, in which case the real property interests described in Section I shall be used by the City
of Eugene for public purposes at the earliest reasonable date.
The foregoing Resolution adopted the 9th day of July, 2001.
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City Recorder
Resolution - 2
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