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HomeMy WebLinkAboutResolution No. 4742 RESOLUTION NO. 4742 A RESOLUTION AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY INTERESTS (1948 CRANE LANE, TL 17-04-25-24-05800) FOR LOCATION OF A PORTION OF A POLICE DEPARTMENT FACILITY. 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 construction of a facility to house a portion of the Eugene Police Department operations. B. The proposed project is in compliance with and in furtherance of adopted City plans and policies, and acquisition of the property at 1948 Crane Lane, Eugene, Oregon is necessary in order to construct a portion of the Police Department facility. C. The public good realized from the project far outweighs any damage which the property owners might sustain, particularly in light of 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 upon 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 parcel of real property located at 1948 Crane Lane, Eugene, Oregon, more particularly described on Exhibit A attached hereto and incorporated herein by reference in order to acquire land necessary for construction of a facility to house a portion of the Eugene Police Department operations. Section 2. The City Council does hereby direct that the City Manager or the Manager's designee shall undertake negotiations with affected property owners( s) to acquire the needed property interests and institute proceedings in eminent domain for the condemnation of the real property interests described in Section 1 having, at least 40 days prior to the filing of any action for condemnation, made 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 the remaining property . Resolution - 1 Section 3. The City Council further directs that the City Manager or the Manager's designee shall obtain for the City immediate possession of the real property interests described in Section 1 if negotiations will delay construction of the facility to house Eugene Police Department operations. Section 4. 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 5. The City Council further declares that the real property interests described in Section 1 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 this Resolution is adopted by the Council. The foregoing Resolution adopted the 28th day of October, 2002. ;r~~1if t. Z;.L--~ City Recorder Resolution - 2 EXHIBIT A to Resolution 4742 Supplemental Description of Property Located at 1948 Crane Lane The property subject to the proceedings in eminent domain is located at 1948 Crane Lane, as shown by the Lane County Assessor as map and tax lot 17-04-25-24-05800, and containing approximately 0.12 acres. LEGAL DESCRIPTION A parcel of land in Lot 13, Stoults McDonald Plat, as platted and recorded in Volume 9, page 25, Lane County Oregon Plat Records, in Lane County, Oregon, and described as: Beginning at a point on the South line of Lot 13 of said Plat, South 89 degrees 22 minutes East 160.32 feet from the Southwest corner of Lot 12 of said Plat, an running thence Soutn 89 degrees 22 minutes East 54.82 feet; thence North Odegrees 35 minutes East 86.6 feet; thence North 89 degrees 22 minutes West 54.82 feet; thence South 0 degrees 35 minutes West 86.6 feet to the point of beginning, in Lane County, Oregon. Resolution - 3