HomeMy WebLinkAboutItem 2C: Resolution 4906 Authorizing Institution of Proceedings in Eminent Domain for Acquisition of Property Interests for Courthouse District Transportation Improvement Project
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Adoption of Resolution 4906 Authorizing the Institution of Proceedings in Eminent
Domain for the Acquisition of Property Interests for the Courthouse District
Transportation Improvement Project (City Job 4237)
Meeting Date: March 12, 2007 Agenda Item Number: 2C
Department: Public Works Staff Contact: Michelle Cahill
www.eugene-or.gov Contact Telephone Number: 682-6855
ISSUE STATEMENT
The City Council is being requested to adopt a resolution authorizing the institution of proceedings in
eminent domain for the acquisition of the property interest. The easement acquired will allow for the
construction of an improved pedestrian access across the Union Pacific Rail Road tracks near the
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intersection of Hilyard Avenue and 8 Avenue. The easement is required as the last acquisition
identified for all the Courthouse Transportation Improvements scheduled to start construction this
summer.
BACKGROUND
Council Action History
July 31, 2002 City Council adopted the Courthouse District Concept Plan which identifies
transportation infrastructure improvements for the Courthouse District.
March 8, 2004 City Council adopted Supplemental Budget authorizing $350,000 to partially fund
design work for the transportation infrastructure for the Courthouse District.
April 12, 2004 City Council adopted the Eugene Downtown Plan that recognizes the transportation
infrastructure improvements planned for the Courthouse District.
May 24, 2004 City Council adopted the Central Area Transportation System (CATS) Plan that
includes transportation infrastructure strategies for the Courthouse District.
July 26, 2004 City Council adopted Resolution 4800 authorizing eminent domain proceedings for
16 properties in the district.
The adopted Fiscal Year 2005 Capital Budget included $1.52 million for the transportation
improvements. The Supplemental Budget adopted December 6, 2004, included an additional $80,000.
Financial and/or Resource Considerations
All funding has been allocated. The design is complete and construction for Phase II of the Transportation
Infrastructure improvements is schedule to start this summer with completion by summer 2008.
Other Background Information
Improvements are to the existing transportation infrastructure and rehabilitation of wastewater system.
The transportation improvements include realignment and construction of new roadways, upgrading
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existing roadways, including stormwater improvements, traffic signals, sidewalks and paths, street trees
and other landscaping, lighting, railroad crossing improvements and under-grounding of some utilities.
This final easement will complete all acquisition needed for the project. The attached map indicates the
area to be acquired. Union Pacific Rail Road has indicated a willingness to work with the City;
however, acquisition is a critical path item to construct the improvements. Adoption of the resolution
will empower Public Works Engineering to proceed with timely acquisition of necessary right-of-way.
Appraisals have been prepared and negotiations are being conducted consistent with the Federal
Relocation and Real Property Acquisition Act and Oregon Revised Statutes. Condemnation proceedings
(initiation of court action) will only be used as a last resort if negotiations do not result in a mutually
acceptable agreement in the necessary timeframe.
Owners of property needed for public projects such as this one are offered just compensation for the
required property interests. Just compensation includes the appraised value of all the land and
improvements within the acquisition, including consideration of financial damages to the remainder
parcel in the case of a partial acquisition. Acquisition procedures, guided by Federal regulations and
Oregon Revised Statues, have been designed to protect both owners of properties needed for public
projects as well as the public agency.
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 adoption of the proposed resolution authorizing the use of eminent
domain.
SUGGESTED MOTION
Move to adopt Resolution 4906 authorizing the institution of proceedings in eminent domain for the
acquisition of property interests for the Courthouse District Transportation Improvement Project (City
Job 4237).
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
COURTHOUSE DISTRICT TRANSPORTATION
IMPROVEMENT PROJECT (CITY JOB 4237).
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 street and stormwater
improvement projects.
B.
The City Council has previously approved the design concept for improvements
to existing transportation infrastructure in the vicinity of the new Federal Courthouse consisting
of the construction of a new roadway and upgrading the existing roadway; stormwater
improvements; installation of traffic signals, lighting, sidewalks and paths, street trees and other
landscaping; railroad crossing improvements; and under-grounding of some utilities.
C.
All of the right of way needed to make the improvements has been acquired by
the City except for an easement to allow construction of an improved pedestrian access across
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the Union Pacific Railroad tracks near the intersection of Hilyard Street and 8 Avenue. The
property owner has indicated a willingness to work with the City; but negotiations have not yet
resulted in an agreement. Timely acquisition of the easement is necessary in order to complete
the improvement. All of the easement right of way necessary for construction of the pedestrian
access is depicted on Exhibit A attached hereto.
D.
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 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 a permanent easement interest across the parcel of real property more
particularly depicted on Exhibit A attached hereto and incorporated herein by reference in order
to construct an improved pedestrian access across the Union Pacific Railroad tracks near the
Resolution - 1
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intersection of Hilyard Street and 8 Avenue within the City of 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 the affected property owner 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 owner 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 improvement.
Section 4
. The City Council hereby declares that the improvement above set forth is for
a public purpose, is necessary for the public welfare, is the most compatible with the greatest
public good and the least private injury, and is 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 interest 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 March, 2006.
______________________________________
City Recorder
Resolution - 2