HomeMy WebLinkAboutResolution No. 4906
-=~=
COUNCIL RESOLUTION NO. 4906
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).
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
RECUSED:
CONSIDERED: March 12,2007
RESOLUTION NO. 4906
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
the Union Pacific Railroad tracks near the intersection of Hilyard Street and 8th Avenue. The
propel1y 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 irrtprovement. 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
intersection of Hilyard Street and 8th 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 Manager's
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 12th day of March, 2006.
---lL1ALC~
. -. . Recorder
Resolution - 2
NW 1/4, SEC. 32, T.17S., A.3W., W.M.
EXH I BIT "A"
"
.....
r ~~.
'9.: .so/..
. ~~""o?.o
...<> 0- S'~
to....n. ~ ....c?(5l
~-" <l'~ ~
?~ -1>Cb ~~ 0,..
~~ u~ <?,...
?/ Ofr
E. 8TH
A VEt
~
Courthouse Transportation Improvements
Eminent Domain Resolution, March 2007
I
N
l
SCALE ,.. =
ORE 99W: HIGH STREET -HIL YARD STREET
(EUGENE) SEC.
EUGENE u.s. COURTHOUSE DISTRICT
.
50 25 0
FEET
,
50
LANE COUNTY. OREGON
SCALE 1"=5C'
)>
::;
Q)
(')
;;J
3
CD
:::::J
-
~
m
x
2:
0"
;:::;:
~