HomeMy WebLinkAboutResolution No. 4904
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COUNCIL RESOLUTION NO. 4904
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.
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: Bettman
RECUSED:
CONSIDERED: February 26, 2007
RESOLUTION NO. 4904
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 ofprivate
property for public purposes, including permanent easements and temporary construction easements
for wastewater improvement proj ects.
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 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 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
more particularly depicted on Exhibit A attached hereto and incorporated herein by reference,
Resolution - 1
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 Manager's
designee shall institute negotiations with affected property owners to acquire the needed property
interests and, ifnecessary, 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 Manager's designee
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 26th day of February, 2007.
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~ City Recorder
Resolution - 2
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A IT ACHMENT A
(EXHIBIT A TO THE RESOLUTION)
ROYAL NODE
SPECIFIC
PLAN BOUNDARY
ROYAL AVENUE
5710 Royal llC
170429
1301
DENNIS JOll
. . . DEBBY L YN JOlL ..'.'..
. . . ,. 17042913
, .'100
LEGACY WW
INTERCEPTOR
_ 40' WIDE WASTEWATER EASEMENT
~ 25' (EACH SIDE) CONSTRUCTION EASEMENT