HomeMy WebLinkAboutItem 2D: Resolution on Condemnation of Wastewater Legacy Interceptor South Project
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Adoption of Resolution 4904 Authorizing the Institution of Proceedings in Eminent
Domain for the Acquisition of Property Interests for the Legacy Wastewater Interceptor
Improvement Project (City Job 4383)
Meeting Date: February 26, 2007 Agenda Item Number: 2D
Department: Public Works Staff Contact: Michelle Cahill
www.eugene-or.gov Contact Telephone Number: 682-6855
ISSUE STATEMENT
The council is being requested to adopt a resolution authorizing the institution of proceedings in eminent
domain for the acquisition of property interests. The easements acquired will allow for the construction
of the Legacy Wastewater Interceptor between the intersection of Legacy and Avalon and the
intersection of Roosevelt Boulevard and Terry Street in West Eugene. As of February 16, 2007, five of
the seven necessary easements have been acquired. This resolution covers the remaining two needed.
BACKGROUND
The City Council adopted the Fiscal Year 2006 Capital Budget that included funds for right-of-way
acquisition, design and construction of the Legacy Wastewater Interceptor.
On January 13, 2003, the City Council approved Ordinance 20274 recognizing the Royal Avenue
Specific Plan and amending the Bethel Danebo Refinement Plan to include the elements of the Royal
Avenue Specific Plan.
Both the January 2003 Royal Avenue Specific Plan and the City’s 1992 Urban Sanitary Sewer Master
Plan include the concept of the Legacy Wastewater Interceptor as part of the urban infrastructure to
serve the West Eugene area.
Acting on this resolution at this time will facilitate construction of the interceptor in 2007. Negotiations
are ongoing with owners of properties affected by this ordinance and may result in friendly acquisition
of the properties. Acquisition using this resolution would occur only if possession in time certain
becomes essential for construction this season.
The proposed 40’-wide permanent wastewater easements follow the proposed alignment of the
extension of Roosevelt and Legacy through the Royal Node area, minimizing the impact to property
owners. Included in the requested easements in addition to the permanent easements are temporary
easements for construction of approximately 50’ in width (25’ either side of the permanent easement).
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Construction of this interceptor project will serve development in the Royal Node area as well as an area
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within the UGB south of W 11 and between Greenhill and Terry Street. It will also ease the burden on
existing pump stations and allow efficient operation of the wastewater system in West Eugene.
RELATED CITY POLICIES
This project complies with the following growth management policies:
Policy 1 Support the existing Eugene Urban Growth Boundary by taking actions to increase density
and use existing vacant land and under-used land within the boundary more efficiently.
Policy 2 Encourage in-fill, mixed-use, redevelopment, and higher density development.
Policy 10 Encourage the creation of transportation-efficient land use patterns and implementation of
nodal development concepts.
Policy 15 Target publicly-financed infrastructure extensions to support development for higher
densities, in-fill, mixed uses, and nodal development.
COUNCIL OPTIONS
The council’s options are to adopt the resolution authorizing the use of eminent domain to acquire the
property or to direct staff to continue attempting to negotiate purchase of the property without the power
of eminent domain.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends the approval of the Resolution authorizing the use of eminent domain.
SUGGESTED MOTION
Move to adopt Resolution 4904 authorizing the institution of proceedings in eminent domain for the
acquisition of property interests for the Legacy Wastewater Interceptor Improvement Project (City Job
4383).
ATTACHMENTS
A. Resolution with attached Exhibit A map
FOR MORE INFORMATION
Staff Contact: Michelle Cahill
Telephone: 682-6855
Staff E-Mail: michelle.r.cahill@ci.eugene.or.us
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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
LEGACY WASTEWATER INTERCEPTOR IMPROVEMENT
PROJECT IN THE VICINITY OF THE ROYAL NODE AREA
OF WEST EUGENE.
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 permanent easements and temporary construction easements
for wastewater improvement projects.
B.
The concept of the Legacy Wastewater Interceptor as part of the urban infrastructure
to serve the west Eugene area was included in both the January 2003 Royal Avenue Specific Plan
(which served as findings in support of Ordinance 20274 amending the Metro Plan and Bethel-
Danebo Refinement Plan), and the City’s 1992 Urban Sanitary Sewer Master Plan. The City Council
also included funds for right of way acquisition, design and construction of the Legacy Wastewater
Interceptor in the adopted fiscal Year 2006 Capital Budget.
C.
City staff has contacted the affected property owners and has obtained some of the
easements necessary to make the improvements, but has been unable to reach an agreement with all of
the property owners. All of the permanent and temporary construction easement rights of way
needed for construction of the improvements are depicted on the map attached as Exhibit A hereto.
D.
The public good realized from the project far outweighs any damage which the
property owners might sustain, particularly in light of the Citys obligation to provide just
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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 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 permanent 40 foot public utility easements interests across the parcels of real property
Resolution - 1
ATTACHMENT A
more particularly depicted on Exhibit A attached hereto and incorporated herein by reference,
together with temporary construction easements of 25 feet on each side of the permanent public
utility easement, as also depicted on the attached Exhibit A. The easements are necessary in order to
construct the Legacy Wastewater Interceptor between the intersection of Legacy and Avalon Streets
and the intersection of Roosevelt Boulevard and Terry Street through the Royal Node area of West
Eugene, in accordance with the design prepared by the City Engineer and approved by the City
Manager.
Section 2
. The City Council does hereby direct that the City Manager or the Managers
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designee shall institute 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. At least 40 days prior to the filing of any action for
condemnation the City Manager or the Manager’s designee shall make a written offer to the owners
or parties having an interest in the property of a stated amount as compensation therefor and for any
compensable damages to remaining property.
Section 3
. The City Council further directs that the City Manager or the Managers designee
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shall obtain for the City immediate possession of the real property interests described in Section 1 if
negotiations will delay the construction of the described improvements.
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.
Section 6.
This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the ____ day of February, 2007.
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City Recorder
Resolution - 2